HomeMy WebLinkAboutCUP 2005-04.pdfi
Planning D•Ivision,
Application Fora
Part 1
Community & Development Services Department - 21825 Copley Drive - Diamond Bar, CA 91765 - (909) 839-7030 - www.CityofDiamondBar.com
GENERAL• REQUIREMENTS. (Print,orType)' :r,:>Pas ; ;q
Name of Proposed Project:
Legal Description of Project (Assessor's Parcel No.):
g 1I-ozi C)10 _
Applicant's Name:
I n
Address
bb aA_ y1ft7_ L t,
Owner's Name (if different from above):
Address:
Case # J
FPL # r= P
Deposit /Fee
Receipt #
Date —
1 `
By
Ko"neIlNumber.gLM-24C 4-96o33
Fax Number:
Phone Number:
Diamond Bar Municipal Code Section 22.44.040 states an application fee must accompany this application. The application
fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis: lUit:is-a
deposit, the applicant shall- pay any processing costs that exceed the amount of the deposit prior to issuance of thwpermit;
if processing costs are less than the deposit, a refund will be paid.
Type of Review Requested (Please Check All Applicable Boxes)
Administrative Review General Plan Amendment
Annexation Minor Conditional Use Permit
Comprehensive Sign Program
Conditional Use Permit
Development Review
Development Agreement
Development Code Amendment
Minor Variance
Planned Unit Development
Plot Plan
Preliminary Review
Specific Plan Amendment
Subdivision o C.) -)
Tree Permit C_
Variance 7 I'' rl M
Zone Change
L3 Zoning Clearance _°'
wlJ''' `
Other:
cD
L :,D
CD
Project Description
Detailed Description of Proposed Project (Attach Additional Sheets if Necess ry)
iu n yr n fid >.rei s -b to l 4WJ t zefld
Com a
Owner Certification - f
I certify that I am presently the legal owner of the above-described property. Further, I acknowledge the filing of this application and certify that all of
the above information is true and correct. (If the undersigned is.different from the legal property owner, a letter of authorization must accompany the
owner Ilcant` c' `
Date: Signature: Date:,, f
Print Name and Title: —f /''s/"/—
A"}"' / / Print Name an T 111: j
T H 10 lY/1 II 1/1 JIi01.
T
P0,6L .
CommDev/Appl/UniformAppVUniform Application—Updated 3/22/2005
Ia
Planning DivisionIRMApplicationForm
Part 2
Community & Development Services Department - 21825 Copley Drive - Diamond Bar, CA 91765 - (909) 839-7030 - www.CityofDiamondBar.com
GENERAL REQUIREMENTS `(Print or.:Typie) ;-Xr
Project Location: Staff Use Only
S v Case No.
Applicant:
IYI e G J Ia Concurrent Case No.
Contact Person: yy-&b U
Aaamonai eoniaci Terson: (~tease specify name, company, ntie)
Address:
Phone Number:
l I Fax: -Mail Address:
Legal Property Owner:
4e c,c.24'
Phone Number: Fax: E -Mai Address:
3 r% ( ?ZIZ — X33 3 rr` 1-n t -e
Architect:
Address:
c.-.Pots-fi 'l , , %- J 7 lZ
Phone Number Fax: E -Mail Address:
54 -C 6 "41—
Engineer:
Address:
Phone NuMber: Fax: E -Mail Address:
q q9—'75/ a d qy l IFIL- t &6")4
Landscape Architect,./
Address:
Phone Number: I Fax: I E -Mail Address:
CommDev/AppVUniformAppVUniform Application—Updated 3/22/2005 Page 2 of 2
I l_ rk 1
r]]
LEGAL DESCRIPTION
A
98506813
The land referred to herein is situated in the State of California,
County of Los Angeles, described as follows:
Parcel A:
Parcel l of Parcel Map 17337, in the.City of Diamond Bar,
County of Los Angeles, State of California, as per map filed in
Book 186 Pages 43 and 44 of Parcel Maps, In the office of the
county recorder of said county..
Except therefrom all oil, gas and other hydrocarbon and
minerals now or at any time hereafter situated therein and
thereunder, together with exclusive right to drill for, produce,
extract, take and mine therefrom, such oil, gas and other
hydrocarbons and minerals and to store .the same upon the
surface of said land, or below the surface of said land,
together with the right to store upon the surface of said land,
oil, gas and other hydrocarbons and minerals which may be
produced from other lands, with the right of entry thereon for
said purposes, and with the right to construct, use, maintain,
erect, repair, replace and remove thereon and therefrom;.all
pipe lines, telephone and telegraph lines, tanks, machinery,
buildings and other structures, which may be necessary and
requisite to carry on operations on said land, with all
necessary appurtenances for the extraction of gasoline from o cI)c`)
n C
gas, including all rights, necessary or convenient thereto as
reserved in deed from Transamerica Development Company, a c`-
corporation, recorded March 29, 1968 in Book D-3955 Page 185 of
r
Official Records and re-recorded June 19, 1969 in Book D-4407
Page 591, of Official Records, and' as modified by Quitclaim
Deed, recorded June 12, 1980 as Instrument No. 80-569565, which ZE
relinquished all rights to the use of the surface and
subsurface to a depth of 500 feet from the surface of said land. ter:
7- tia
t
Parcel B: Parcel
A non-exclusive easements over the common area of Parcel 1 of
Parcel Map 16890, as per map filed in Book 180 Pages 74 and 75
of Parcel Maps, in the office of the county recorder of said
county, for parking vehicles, vehicular and pedestrian traffic
and incidental purposes, as contained in a document entitled
Reciprocal Easement Agreement recorded December 4, 1985 as
Instrument No. 85-1428475 of Official Records.
Parcel C:
A non-exclusive easement over the parking areas, driveways and
Continued on next page
2-
98506813
service areas within the common area of Parcel 3 of Parcel Map
16890, as per map filed in Book 180 Pages 74 and 75 of Parcel
Maps, in the office of the county recorder of said county, for
the purposes of unobstructed pedestrian and vehicular use and
passage and parking of motor vehicles, as contained In a
document entitled Reciprocal Easement and Development
Agreement, recorded March 26, 1986 as Instrument No. 86- 372095
of Official Records.
Parcel D:
A non-exclusive easement over the parking areas, driveways and
service areas within the common area of Parcel 2 of Parcel Map
17337, as per map filed in Book 186 Pages 43 and 44 of Parcel
Maps, in the office of the county recorder of said county, for
the purpose of unobstructed pedestrian and vehicular use and
passage and parking of motor vehicles and utilities as contained
in a document entitled Declaration of Covenants, Conditions and
Restrictions and Grant of Easement recorded June 6, 1986 as
Instrument No. 86-711603 of Official Records.
End of Legal Description
Continued on next page
3-
LI
CONDITIONAL USE PERMIT
MINOR CONDITIONAL USE PERMIT
BURDEN OF PROOF
A Development Review or Administrative Development Review application shall be reviewed by the amAcabttan
review authority identified in Section 22.48.050 (Responsibility for Development Review), below and 81,11 beams
approved, with or without condition, only if the following findings are made: c _ y3 <
r _£ _y.t
Cl
1. The design and layout of the proposed development are consistent with the General Plan, development'',. ='. -<
standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g.-Mherd y; ram
areas, specific plans, community plans, boulevards or planned developments);
I,S l AI? it b?:2
n..... e _ .__ en _ _ _ n
The design and layout of the proposed development will not interfere with the use and enjoyment of
neighboring existing or future developments, and will not create traffic or pedestrian hazards;
The architectural• design of the proposed development is compatible with the character of the surrounding
neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated
by this Chapter, the General Plan, or any applicable specific plan;
4. The design of the proposed development will provide a desirable. environment for its occupants and visiting
public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain
5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious
e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the
A. General Infor mation
PPCEI -D
CITY 0T. 1{!,; n BAR
COM i a f t s? 4I T
2005 JUL I I PI`° 5: 21
INITIAL STUDY QUESTIONNAIRE
To be completed by applicant, attach additional sheets of paper if necessary)
Project Applicant (Owner):
v IiY reed
N ne T,
Address
Phone
Fax
1. Action requested and project description:
Project No.
For City Use
Project Representatives:
Na.
MACAAdV AC, ress 463
Phone 99 z1-sf 0
Fax
f
r les c lr fG
G7C7 s
I Street location of project:
3
4. Present Use of Site: 1 bW.WMad
5. Previous use of site or structures:
1
P,
6. Project Description:
a. Site size (total area)
b. Square footage (covered by structures, paving, etc.)
c. Number of floors of construction
d. Amount of off-street parking provided
e. Landscaping/open space:
f. Proposed scheduling:
g. Anticipated incremental development:
0
14'`"
511
t<
Zl1-1-` ,
NIA-
N IPr
Tres c -r4- ,rope , ,trk
h. If residential, include the number of units, schedule of unit sizes (range of sale prices or rents and type of
household size expected):
M.
If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of
sales area an
t1
loading facilities:
N
If industrial, indicate type and loading facilities::l A
If institutional, indicate the major function, estimated occupancy and loading facilities:
I
If the project involves a Variance, Conditional Use Permit, Zone Change, General Plan Amendment, or
Development Review
rnrnapplication,
state this and indicate clearly why the application(s) is required:
Please list all previous cases (if 0 related to this project:
8. List related permits)/approval(s) required. Specify type and granting agency:lqI
9. Are future phases planned for this project: Yes No it
If yes, explain. -
10. Present zoning: L 3 Carnmer
11. General Plan Land Use Designation:
12. Water and sewer service: Domestic Water Public Sewer
Does service exist at site? Yes No Yes No
If yes, do surveyors have
capacity to, meet demand of
project and all other approved
projects? Yes _ No Yes $e No
If domestic water or public sewers are not available, how will these services be provided?
3
13. Residential Projects: /i f A
a. Number and type o units:
b. Floor area of each unit: '
C. Number of floors:
e. Housing market targeted
demographic profilej:
f. Sales price/rent:
g. Describe proposed amenities:
h. Minimum net lot size:
i. Maximum net lot size:
j. Average net lot size -
3
k. Schools:
School district serving
the project?
Are existing school
facilities adequate to
met project needs?
If not, what provisions
will be made for additional
classrooms?
r
Yes lei A—No
14. Non-residential projects (commercial, industrial, and institutional):
a. Distance to nearest residential use or sensitive use (school, hospital, etc.): GtrG /
b. Number and floor area of buildings:Prry
c. Number of employees and shifts: Y
d. Maximum number employees per shift: 1 A -
e. Operating hours: 0J / A
f. Community benefit derived from the project:
g. Identify any end products, waste products and means of disposal:
h. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or
radio active materials? Yes No X
If yes, explain in detail:_ I p(
4
i. Do your operations require any pressurized tanks? Yes _ No
If yes, explain in detail: I
j. Identify any flammable, reactive or explosive material to be located on-site:
T
k. Will delivery.or shipment trucks travel through residential areas to reach the nearest highway? Yes _ No
If yes, explain in detail: `'AC
15. , Associated projects: Ly IJt
r' 16. Describe publicor private utility easements, utility lines, structures or other facilities that exist on or below the
surface of the`project site:
17. Describe any change in the appearance of the site resulting from the project as proposed:
18. 'Describe how the proposed project will fit into its surroundings (i.e., Will the project blend into the existing
neighborhood? How will it relate to the size, scale, style and character of the existing surrounding
development?):
5
0 0
B. Environmental Information
1. Environmental setting of the project site:
a. Existing use and structures: D)')')%%'}t°/1(,cG(,C U t 1 / 1 7 Gi
b. Topography/slopes: ::h 121
C. Animals: I V
d. Vegetation: f) l A
e. Water course: N IA -
f. Cultural/historical resources: N 14
g. Other:
2. Environmental setting surrounding the project site:
a. Existing uses/structures (types, densities, etc.):
b. Topography/slopes:
6
C. Animals:
low
d. Vegetation: AJLAL
e. Watercourses: Al JA -
f. Cultural historical resources: /V
g. Other:
3. Are there any major trees onsite, including oak, walnut, sycamore naturalized California pepper and
arroyo willow? Yes No
If yes, explain in detail (size, quantity, location, condition, etc.):
N
4. Will the project require grading: Yes No ` x
If yes, how many cubic yards of cut and fill
5. Will earthwork be balanced on site? Yes _ No
If not balanced, where will dirt be obtained or deposited?
6. Are there any identifiable landslides or other, major geologic hazards on the property including
uncompacted fill? Yes No _
If yes, explain in detail: -
9
7. Is the property located `wiithin a high fire hazard area (hillsides with moderately dense vegetation)?
Yes No
8
If yes, explain in detail:
Distance to the nearest fire station:
Existing noise sources at the site:
Noise or vibration to be generated by the project: 61 `7 n U 111-4e ,
9. Fumes/odors to be generated by the project and toxicity? %V I
10. Dust, ash, or smoke to be generated by the project? I'
11. What energy -conserving designs or material will be used?HI A
T
12. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground
water quality or quantity (i.e., Will the flow of any permanent or intermittent surface or subsurface water
change as a result of this project? If so, explain how. Will there be any injection wells, septic systems,
or other facilities that may affect surface or subsurface water quality?):
Pt -
8
Ct7•
Planning Divisi
a
Project,Review Routing Sh( r
j ,gys
Communitv & Develooment Services Department — 21825 CODIev Drive — Diamond Bar. CA 91765 — (909) 839-7030 — www.CitvofDiamondBar.com
To: J Building & Safety
JPublic Works
Case/File No.: DR 2005-23/CUP2005-04
Location:.1155 DIAMOND BAR BLVD.
Description: ROOFTOP TELECOMMUNICATIONS SITE
Estimated Review Time:
Project Manager: LINDA SMITH
Comments Due: 7/19/05 MEETING
j Application Grading Plan
Initial Study Title Report
Site Plan House Numbering
Other:
Map.
j Floor Plans
Project Conditions
Environmental
Soil /Geotechnical
Information
Report
Routing Date: 7/12/05
Submittal Date: 7/11/05
Hearing Date: asap
FPL No.: 2005-153
Total .Review Time:
P.O. No:
Affidavit of easements TT Map
Photos Sections
Retaining Wall Plans qj Architectural
Elevations
Irrigation) Landscaping
Roof Plan
Plans
Other:
TP Map
Reviewed By: Title: Date:
Comdev/lindasmith/plancomm/plan route to word
98506813
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of Los Angeles, described as follows:
Parcel A:
Parcel 1 of Parcel.Map 17337, in the City of Diamond Bar,
County of Los Angeles, State of California, as per map filed in
Book 186 Pages 41 and 44 of Parcel Maps, In the office of the
county recorder of said county.
Except therefrom all oil, gas and other hydrocarbon and
minerals now or at any time hereafter situated therein and
thereunder, together with exclusive right to drill for, produce,
extract, take and mine therefrom, such oil, gas and other
hydrocarbons and minerals and to store the same upon the
surface of said land, or below the surface of said land,
together with the'right to store upon the surface of said land,
oil, gas and other hydrocarbons and minerals which may be
produced from other lands, with the right of entry thereon for
said purposes, and with the right to construct, use, maintain,
erect, repair, replace and remove thereon and therefrom, all
pipe lines, telephone and telegraph lines, tanks, machinery,
buildings and other structures, which may be necessary and
requisite to carry on operations on said land, with all
necessary appurtenances'for the extraction of gasoline from
gas, including all rights, necessary or convenient thereto as
reserved in deed from Transamerica Development Company, a
corporation, recorded March 29, 1968 in Book D-3955 Page 185 of
Official Records and re-recorded June 19, 1969 in Book D-4407
Page 591, of Official Records, and as modified by Quitclaim
Deed, recorded June 12, 1980 as Instrument No. 80-569565, which
relinquished all rights to the use of the surface and
subsurface to a depth of 500 feet from the surface of said land.
Parcel B:
A non-exclusive easements over the common area of Parcel 1 of
Parcel Map 16890, as per map filed in Book 180 Pages; 74 and 75
of Parcel Maps; in the office of the county recorder of said
county, for parking vehicles, vehicular and pedestrian traffic
and incidental purposes, as contained in a document entitled
Reciprocal Easement Agreement recorded December 4, 1985 as
Instrument No. 85-1428475 of Official Records.
Parcel C:
A non-exclusive easement over the parking areas, driveways and
Continued on next page
2-
98506813
service areas within the common area of Parcel 3 of Parcel Map
16890, as per map filed in Book 180 Pages 74 and 75 of Parcel
Maps, in the office of the county recorder of said county, for
the purposes of unobstructed pedestrian and vehicular use and
passage and parking of motor vehicles, as contained In .a
document entitled Reciprocal Easement and Development
Agreement, recorded March 26, 1986 as Instrument No. 86- 372095
of.Official Records.
Parcel D:
A non-exclusive easement over the parking areas, driveways and
service areas within the common area of.Parcel 2 of Parcel Map
17337, as per map filed in Book 186 Pages 43 and 44 of Parcel
Maps, in the office of the county recorder of said county, for
the purpose of unobstructed pedestrian and vehicular use and
passage and parking of motor vehicles and utilities as contained
in a document entitled Declaration of Covenants, Conditions" and
Restrictions and Grant of Easement recorded June 6, 1986 as
Instrument No. 86-711603 of Official Records.
End of Legal Description
Continued on next page
0
TITAN, INC.
r
N, NC
12900 PARK PLACE, 3RD FLOOR
CERRITOS, CA
Wireless Telecommunications Facility at
1155 S. Diamond Bar Blvd in the
City of Diamond Bar
Project Description
Introduction
Cingular Wireless is a registered public utility, licensed and regulated by the California C.,
Public Utilities Commission (CPUC) and the Federal Communications CommisMn
FCC). As a public utility, Cingular Wireless is licensed by the FCC to provide wirer -,
communication services throughout the Southern California area.
Efforts are currently underway in the Los Angeles and Orange Counties to establish tfi—e
required infrastructure. Cingular Wireless and Bechtel Communications has retained the
services of MMI Titan, Inc. to facilitate the land use entitlement process. MMI Titan iszr+ :.
currently seeking approval of a Site Development Permit for the establishment, use, and,v r,
maintenance of a wireless telecommunications facility at 1155 S. Diamond Bar Blvd in'
the Diamond Bar Town Center.
Background
Wireless communications will continue to change the future of telecommunications with
easy-to-use, lightweight and highly mobile communications devices including: portable
telephones, computers and Personal Digital Assistants (PDAs). Wireless
communications will provide voice, e-mail and Internet access capabilities for customer's
communications needs virtually anywhere and at any time.
Cingular Wireless, formally known as Pacific Bell Mobile Services and Pacific Bell
Wireless, was established in 1994 as the wireless subsidiary of Pacific Bell, now
currently SBC. Currently this year, the `new' Cingular Wireless includes ATT Wireless
and is currently expanding its network. It is also important to note that the previous
network development for Cingular Wireless is now currently used by T -Mobile. The
licensed was issued by the Federal Communications Commission (FCC) for the provision
of Personal Communications Services (PCS). Additionally, Cingular Wireless is a
regulated public utility and is currently continuing development and optimization of its
PCS wireless network.
Project Overview
Cingular Wireless is proposing to install a maximum twelve (12) ant nae; divided
equally into three (3) sectors, to be located within the e ' sard roof mounted
behind RF transparent material to match existing . The antennas measure a maximum of
72.0" hi x wi e x . ' deep. . The height of the antennas within the existing
1155 5. Diamond Bar B/vd
Diamond Bar, CA Page I representing Ongular Wireless
site #L5ANCA0372
t
3 '8" building will be approximate) 30'. Additionally, the proposed equipment will be
located as racks in an existing vacan on the 2 d floor of the two story building. By
locating Cingular's antennas within the existing mansard roof, and locating the
equipment racks within an existing room this will help mitigate any potential visual
impacts this wireless facility will have to the operations and use of this property.
Once constructed and operational, the communications facility will provide 24-hour
service to customers seven (7) days a week. Apart from initial construction activity, a
Cingular Wireless technician on a periodic basis will service the facility. It is reasonable
to expect that routine maintenance/inspection of the facility will occur once a month
during normal working hours. Beyond this intermittent service, Cingular Wireless
requires 24-hour access to the facility to ensure that technical support is immediately
available if and when warranted.
Overview of Coverage Objective(s)
The proposed facility to provide an integral link in Cingular Wireless proposed Los
Angeles and Orange County network and designed to provide coverage along within the
surrounding residential neighborhood. At present, Cingular Wireless is experiencing
coverage problems as well as traffic coverage within the surrounding area. The proposed
site will provide seamless wireless telecommunications services to Cingular Wireless
customers who live, work and travel throughout the City of Diamond Bar.
Overview of Site Design/Location Criteria
The network of Cingular Wireless cell sites throughout the region is "location
dependent," meaning that there is a necessary and logical interrelationship between each
proposed site. Eliminating or relocating a single cell site can lead to gaps in the system
and prohibit Cingular Wireless from providing uninterrupted or reliable service to
customers in a defined coverage area. Further, the elimination or relocation of a cell site
will most often have a "domino" effect on other cell site locations and necessitate
significant design changes or modifications to the network.
In identifying the proposed location, Cingular Wireless' network deployment personnel
have selected a site that not only meets the technical objectives of RF engineering, but
concurrently provides the best siting option with regard to other key criteria that include,
but are not limited to: accessibility, utility connections, zoning compatibility, liability
and risk assessment, site acquisition, maintenance.
Compatibility with Other Site Development Standards and General Plan
The location, size, design, and operating characteristics of the proposed facility will not
create unusual noise, traffic or other conditions or situations that may be objectionable,
detrimental or incompatible with the surrounding land uses. The proposed use is
consistent with this finding in that:
1155 5. Diamond Bar Blvd
Diamond Bar, CA Page 2 representing Lingular Wireless
Site ,#L5ANCA0372
1. The proposed equipment associated with the telecommunication structure
operates quietly or virtually noise free.
2. The equipment does not emit fumes, smoke, or odors that could be considered
objectionable.
3. The telecommunications facility is unmanned and only requires periodic
maintenance, which equates to approximately one trip per month. The
proposed communication facility will not result in conditions or circumstances
contrary to the public health, safety and the general welfare. The proposed use
is consistent with this finding in that:
Unlike other land uses, which can be spatially determined through the General Plan or
other land use plans, the location of wireless telecommunications facilities are based on
technical requirements which include service area, geographical elevations, alignment
with neighboring sites and customer demand components. Placement within the urban
geography is dependent on these requirements. Accordingly, wireless telecommunication
facilities have been located adjacent to and within all major land use categories including
residential, commercial, industrial, open space, etc. proving to be compatible in all
v locations.
The proposed facility at the subject location will be unmanned, have no impact on
circulation systems, and generate no noise, odor, smoke, or any other adverse impacts to
adjacent land uses. The proposed facility will allow commuters and residents within the
coverage area wireless access to the rapidly expanding communications infrastructure by
providing voice and data transmission services not currently available. The installation
of antenna sectors and transmission equipment will not result in any material changes to
the character of the local community. This proposed wireless telecommunications
facility will operate in full compliance with all state and federal regulations including the
Telecommunications Act of 1996.
Service
The service area is divided into a grid of theoretically hexagonal geographic areas. At the
center of each area is a low power, unmanned radio repeater station that handles the calls
to and from mobile customers within the area. As a mobile unit moves from one area to
another with a call in progress, the call is automatically "handed off' to the next repeater
station without interruption.
Telephone line connections between repeater sites and the switching office, and from the
switching office to the telephone company central office, permit mobile customers within
the service area to utilize their phones, with direct dialing, no operator, and with superior
audio quality.
1155 5. Diamond Bar Blvd
Diamond Bar, CA Page 3 representing Lingular Wireless
Site +#L5ANCA0372
Transmit and Receive
Transmit power is adjusted to provide adequate coverage and typically is within the range
of 100-500 watts ERP (effective radiated power) per sector. Mobile units transmit at 850
and 1900 MHz.
Regulating Agencies
Cingular is regulated by the Federal Communications Commission (FCC) and is
authorized to operate in the frequencies established. Cingular's wireless
telecommunication facilities operate at the lowest possible power levels and are well
below established standards used by the FCC for safe human exposure to radio frequency
electromagnetic fields. These standards have been tested and proved safe by the
American National standards Institute (ANSI) and the Institute of Electrical and
Electronics Engineers (IEEE).
1. The proposed communications facility will operate in full compliance with the U.S.
standards for radiofrequency emissions as published by the American National
Standards Institute (ANSI). The ANSI was developed by the committee composed of
125 scientists from universities, non-profit laboratories and Federal Health
Laboratories (FDA, NIOSH, EPA): 13: are from the industry and consultants to the
industry: and 15% are from the military and other federal agencies. In 1992, the ANSI
established, as a public safety standard, a maximum exposure level to radiofrequency
emissions of 1000 microwatts per centimeter squared (1,000 uW/cm2).
2. The radiofrequency emissions emitted by the proposed Cingular Wireless facility will
fall within the portion of the electromagnetic spectrum which transmits non -ionizing
electromagnetic emissions, at the low levels associated with this type of wireless
technology, are not harmful to living cells. Among the items, which result in non -
ionizing electromagnetic emissions, are radios, television broadcasts, CB radios,
microwave ovens, and a variety of common security systems. Conversely, items,
which transmit ionizing electromagnetic emissions, include ultraviolet light, medical
x-rays and gamma rays.
3. Data currently available on the effects of electromagnetic transmission on public
health indicate that there is no likelihood of negative impacts to public health and
safety.
1155 5. Diamond Bar Blvd
Diamond Bar, CA Page 4 representing Cingular Wireless
Site ##L5ANCA0372
0
Project Benefits
The proposed project will provide the following community benefits.
An improved PCS system providing telephone, data transmission, paging, short
message functions, and voice mail services.
Enhanced emergency response communications for police, fire, paramedics and other
emergency services.
Better voice and reception quality through use of the all-digital technology.
Higher security and privacy for all telephone users.
More affordable service due to increased competition in the market area.
1155 5. Diamond Bar Blvd
Diamond Bar, CA Page 5 representing Cingular Wireless
Site #L5ANCA0372
MMI TITAN INC.
12900 PARK PLACE, 3RD FLOOR
CERRITOS, CA
Letter of Justification
1. The proposed conditional use will not be detrimental to the public health, safety or
welfare, nor be materially injurious to property or improvements in the vicinity;
Unlike other land uses, which can be spatially determined through the General Plan or
other land use plans, the location of wireless telecommunications facilities are based
on technical requirements which include service area, geographical elevations,
alignment with neighboring sites and customer demand components. Placement
within the urban geography is dependent on these requirements. Accordingly,
wireless telecommunication facilities have been located adjacent to and within all
major land use categories including residential, commercial, industrial, open space,
etc. proving to be compatible in all locations. The proposed facility at the subject
location will not be detrimental to the character of development in the neighborhood
for the following reasons. It will be unstaffed, have no impact on circulation systems,
and generate no noise, odor, smoke, or any other adverse impacts to adjacent land
uses. The proposed facility will allow commuters and residents within the coverage
area wireless access to the rapidly expanding communications infrastructure by
providing voice and data transmission services not currently available. The
installation of antenna sectors and transmission equipment will not result in any
material changes to the character of the local community. This proposed wireless
telecommunications facility will operate in full compliance with all state and federal
regulations including the Telecommunications Act of 1996.
2. The proposed conditional use is compatible with existing and future uses to the
extent those are known, and will comply with each of the applicable provisions of
the Zoning Ordinance;
Since their introduction, wireless telecommunications systems have proven to be an
invaluable communications tool in the event of emergencies (traffic accidents, fires,
etc.) and natural disasters (earthquakes, floods, etc.) where normal land line
communications are often disrupted, overlooked, or inaccessible during and after an
event has occurred. This service and similar technology are utilized by numerous
governmental and quasi -governmental agencies that provide emergency service.
Wireless telecommunications systems, including cellular telephones, have also
proven to be invaluable tools in business communications and everyday personal use.
In this sense, wireless telecommunications system networks are desirable in the
interest of public convenience, health, safety, and welfare, and thus are proper in
relation to the development of the community. The proposed project will/does not
incur automobile use or pedestrian access.
11555 Diamond Ban Blvd
Diamond Bar, CA Page 6 representing Cingular Wireless
Site #L5ANCA0372
3. Based upon information available at the time of approval, adequate utilities, access
roads, drainage and other necessary facilities exist or will be provided to serve the
proposed use.
This project will have adequate utilities provided to it by the existing utilities nearby.
1155 5 Diamond Bar Blvd
Diamond Bar, CA Page 7 representing Cingular Wireless
Site #L5ANCA0372
FCC/LSGAC Local Official's Guide to RF
Optional Checklist for Local Government
To Determine Whether a Facility is Categorically Excluded
Purpose: The FCC has determined that many wireless facilities are unlikely to cause
human exposures, in excess of RF exposure guidelines. Operators of those facilities are
exempt from routinely having to determine their compliance. These facilities are termed
categorically excluded." Section 1.1307(b)(1) of the Commission's rules defines those
categorically excluded facilities. This checklist will assist state and local government
agencies in identifying those wireless facilities that are categorically excluded, and thus
are highly unlikely to cause exposure in excess of the FCC's guidelines. Provision of the
information identified on this checklist may also assist FCC staff in evaluating any
inquiry regarding a facility's compliance with the RF exposure guidelines.
BACKGROUND INFORMATION
1. Facility Operator's Legal Name: Cingular Wireless Services
2. Facility Operator's Mailing Address: 12900 Park Plaza Dr, Cerritos, CA 90703
3. Facility Operator's Contact Namefritle: Zafar Siddiqui/ RF Engineering Manager
4. Facility Operator's Office Telephone: 714 350 0042
5. Facility Operator's Fax:
6. Facility Name: LSANCA0372D
7. Facility Address: 1155 S Diamond Bar Blvd
8. Facility City/Community: Diamond Bar.
9. Facility State and Zip Code: CA, 91765
10. Latitude: 34 00 08
11_Longitude Yl 17 48 41
continue
e
FCC/LSGAC
9
Local Official's Guide to RF
Optional Local Government Checklist (page 2)
EVALUATION OF CATEGORICAL EXCLUSION
12. Licensed Radio Service (see attached Table 1): PCS — Personal Comm Service
1900MHz
13. Structure Type (free-standing or building/roof-mounted): BUILDING
14. Antenna Type [omnidirectional or directional (includes sectored)]: Directional
15. Height above ground of the lowest point of the antenna (in meters): 7.3m
16. F Check if all of the following are true:
a) This facility will be operated in the Multipoint Distribution Service, Paging and
Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or
Broadband Personal Communications Service, Private Land Mobile Radio
Services Paging Operations, Private Land Mobile Radio Service Specialized
Mobile Radio, Local Multipoint Distribution Service, or service regulated under
Part 74, Subpart I (see question 12).
b) This facility will not be mounted on a building (see question 13).
c) The lowest point of the antenna will be at least 10 meters above the ground (see
question
15).
box 16 is checked, this facility is categorically excluded and is unlikely to cause
posure in excess of the FCC's guidelines. The remainder of the checklist need not be
mpleted. If box 16 is not checked, continue to question 17.
17. Enter the power threshold for categorical exclusion for this service from the attached
Table 1 in watts ERP or EIRP* (note: EIRP = (1.64) X ERP): 2000W ERP/3280W
EIRP
18. Enter the total number of channels if this will be an omnidirectional antenna, or the
maximum number of channels in any sector if this will be a sectored antenna: 4
19. Enter the ERP or EIRP per channel (using the same units as in question 17): 305 W
ERP/500W EIPR
120. Multiply answer 18 by answer 19: 1220W ERP/2000W EIRP
121. Is the answer to question 20 less than or equal to the value from question 17 (yes or
I
no)? Yes
If the answer to question 21 is YES, this facility is categorically excluded. It is unlikely
to cause exposure in excess of the FCC's guidelines.
If the answer to question 21 is NO, this facility is not categorically excluded. Further
investigation may be appropriate to verify whether the facility may cause exposure in
excess of the FCC's guidelines.
ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power
FCC/LSGAC Local Official's Guide to RF
Optional Local Government Checklist (page 2)
EVALUATION OF CATEGORICAL EXCLUSION
12. Licensed Radio Service (see attached Table 1): Cellular Radiotelephone Service
850MHz
13. Structure Type (free-standing or building/roof-mounted): BUILDING
14. Antenna Type [omnidirectional or directional (includes sectored)]: Directional
15. Height above ground of the lowest point of the antenna (in meters): 7.3m
16. 1: Check if all of the following are true:
d) This facility will be operated in the Multipoint Distribution Service, Paging and
Radiotelephone Service, Cellular Radiotelephone Service, Narrowband or
Broadband Personal Communications Service, Private Land Mobile Radio
Services Paging Operations, Private Land Mobile Radio Service Specialized
Mobile Radio, Local Multipoint Distribution Service, or service regulated under
Part 74, Subpart I (see question 12).
e) This facility will not be mounted on a building (see question 13).
f) The lowest point of the antenna will be at least 10 meters above the ground (see
question
15).
If box 16 is checked, this facility is categorically excluded and is unlikely to cause
exposure in excess of the FCC's guidelines. The remainder of the checklist need not be
completed. If box 16 is not checked, continue to question 17.
17. Enter the power threshold for categorical exclusion for this service from the attached
Table tin watts ERP or EIRP' (note: EIRP = (1.64) X ERP): 1000W ERP/1640W
EIRP
18. Enter the total number of channels if this will be an omnidirectional antenna, or the
maximum number of channels in any sector if this will be a sectored antenna: 2
19. Enter the ERP or EIRP per channel (using the same units as in question 17): 305 W
ERP/500W EIPR
120. Multiply answer 18 by answer 19: 610W ERP/1000W EIRP
121. Is the answer to question 20 less than or equal to the value from question 17 (yes or
no)? Yes
1f the answer to question 21 is YES, this facility is categorically excluded. It is unlikely
to cause exposure in excess of the FCC's guidelines.
j If the answer to question 21 is NO, this facility is not categorically excluded. Further
investigation may be appropriate to verify whether the facility may cause exposure in
excess of the FCC's guidelines.
ERP" means "effective radiated power" and "EIRP" means "effective isotropic radiated power
e
MMI Titan, Inc.
7
Cingular Wireless
Formally ATT Wireless
OWNER -AGENT LETTER
OF AUTHORIZATION
At no expense to owner, owner or authorized agent of owner, ("Owner") authorizes MMI TITAN, 'INC.
Agent") acting as an agent for CINGULAR WIRELESS ("Applicant"), to apply for and obtain any and all
necessary entitlements including, but not limited to, building and zoning permits associated with the
application by CINGULAR WIRELESS to use the Property Location noted below ("Property") as a
Telecommunications Site ("Site"). Owner of the Property also authorizes MMI TITAN, INC. to review and
copy .any Planning or Building Department records -in- regard to the Property. It is understood that any
applications may be denied, modified, or approved with conditions and that such conditions or
modifications must be complied with prior to issuance of zoning, use, or building permits.
Additionally, 'Owner authorizes MMI TITAN, INC., at no cost to the Owner, to perform any such tests
necessary to determine the suitability of the property for use as a CINGULAR WIRELESS Site. Such
tests include, but are not limited to: soil tests, structural analysis, lead/asbestos test, environmental tests,
and radio frequency/coverage testing.
Agent: MMI TITAN, INC.,
Danielle Brandenburg, Project Manager
12900 Park Plaza Dr, 3`d Floor
Cerritos, CA 90703
Applicant: CINGULAR WIRELESS
12900 Park Plaza Dr, 3rd Floor
Cerritos, CA 90703
Owner: Diamond Bar Town Center, LLC
Assessor's Parcel No.:8717-031-010
Project Name & Number: Diamond Bar Town e/
rB
LSANCA0372
Property Location: 1155)South Dia mo tl Bvd
Date: 7/7/05
o C -) C -)
C=3
Y"? r rTi
r> N
and Bar, CDiamond1lia
Town C r, LC , PacificWest Asset Management Corporation,
Agent fo;Vner
Jlw a or Au onzea Age mgna re
Margar t T. F rrigno,l loci ate Property Manager for PacificWest
Asset M agen) nt Corp ation
0 1 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Cali is
ss.
County of
0n 1 DJIDS7 before me,
Dat
aA
Nam d Title of i r (e.g., "Jane Doe, Notary Public")
personally appeared c9
Name(s)LAf Signer(s)
JIMiEr 0.17
CMR 11MYon 11464923
NOW Mft - CaNmft4b,
personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
o nature of Notary u is
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: :
Document Date: -3 /
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
v
Individual Top of thumb here
Corporate Officer — Title(s):
Partner — Limited General
Attorney -in -Fact
Trustee
Guardian or onserva or
l Other: ._
p {
Signer Is Representing:D"Jl G-. 14 .r. Q1, __
0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
PLANNING COMMISSION
RESOLUTION NO. 2006-05
A RESOLUTION OF THE DIAMOND BAR PLANNING
COMMISSION APPROVING CONDITIONAL USE PERMIT
NO. 2005-04/DEVELOPMENT REVIEW NO. 2005-23 AND
CATEGORICAL EXEMPTION 15301(b), A REQUEST TO INSTALL
A WIRELESS TELECOMMUNICATIONS FACILITY WITH ANTENNA
MOUNTED WITHIN THE ROOFTOP CONCEALED BY THE
FACADE AND MANSARD ROOF AND EQUIPMENT CABINETS IN
A SECOND FLOOR RETAIL SUITE. THE PROJECT SITE IS
1155 DIAMOND BAR BOULEVARD (APN 8713-031-010), DIAMOND
BAR, CALIFORNIA.
A. RECITALS
The property owner, Diamond Bar Town Center, LLC, via Pacific West Asset
Management, and applicant, Cingular Wireless, via MMI Titan, Danielle
Brandenburg, filed Conditional Use Permit No. 2005-04 and Development
Review No. 2005-23 applications for a property at 1155 Diamond Bar
Boulevard (APN 8713-031-010), Diamond Bar, Los Angeles County,
California, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Conditional Use Permit, Development Review, and
Categorical Exemption shall be referred to as the "Application."
2. ' On December 27, 2005, 27 property owners and interested parties within the
project's 500 -foot radius were mailed a public hearing notice and three other
locations within the application's vicinity were posted. On December 30,
2005, the project's public hearing notification was published in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a
public hearing notice display board was posted at the site.
3 On January 10, 2006, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
Planning Commission Resolution No. 2006-05
2. The Planning Commission hereby determines that the Application is
categorically exempt per the 1970 California Environmental Quality Act
CEQA), Section 15301(b).
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the Application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
a) The project site is addressed 1155 Diamond Bar Boulevard (Assessor
Parcel Number 8713-031-010), Diamond Bar, California. The parcel is
approximately 1.24 gross acres: 53,900 usable square feet. The lot is
irregularly shaped with an existing two-story commercial building
completed in 1986. Six parcels have reciprocal access and parking
agreements.
b) The General Plan Land Use designation is General Commercial (C).
The project site is zoned Unlimited Commercial Billboard Exclusion
C -3 -BE).
c) To the north and west is the Unlimited Multiple Residence -Minimum
Lot Size -8,000 Square Feet -25 Units Per Acre (R -3-8,000-25U) Zone
and to the south and east is the Unlimited Commercial (C-3) Zone.
d) The Application requests installation of a wireless telecommunications
facility with antenna mounted on the rooftop concealed by the facade
and mansard roof and equipment cabinets in a second floor retail
suite. The Development Review relates to architectural/design review
for the replacement of faux stucco and roofing materials.
CONDITIONAL USE PERMIT
e) The proposed use is allowed within the subject -zoning district with the
approval of a Conditional Use Permit and complies with all other
applicable provisions of the Development Code and the Municipal
Code.
2
Planning Commission Resolution No. 2006-05
q
The proposed telecommunication project is permitted on the subject
property as set forth in Diamond Bar Municipal Code
Section 22.42.130. The existing building was approved in 1986. The
proposed unmanned telecommunications facilities are mounted within
the existing building's fagade and mansard roof. The RF transparent
replacement materials match the existing building so no exterior
changes are apparent. As an architecturally concealed antenna, it
complies with applicable provisions of the Municipal Code.
f) The proposed use is consistent with the General Plan and any
applicable specific plan.
On July 25, 1995, the City adopted its General Plan. The proposed
project complies with the General Plan land use goals, objectives and
strategies. The project site is an existing fully developed building and
the proposed unmanned telecommunications facilities are mounted
within the existing building's facade and mansard roof. The RF
transparent replacement materials match the existing building,
therefore, no exterior changes are apparent. This application is
considered an architecturally concealed antenna, and therefore,
continues to be consistent with the General Plan, City's Municipal
Code, and Design Guidelines. There is no specific plan.
g) Design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the
vicinity.
The existing building was approved in 1986. The proposed unmanned
telecommunications facilities are mounted within the existing
building's fagade and mansard roof. The RF transparent replacement
materials match the existing building, therefore, no exterior changes
are apparent. This application is considered an architecturally
concealed antenna facility, and therefore, is compatible with the
existing and future land uses in the vicinity.
h) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses, and the absence of physical
constraints.
The project site is an existing fully developed building and the existing
building was approved in 1986. The proposed unmanned
telecommunications facilities are mounted within' the existing
building's facade and mansard roof. The RF transparent replacement
materials match the existing building, therefore, no exterior changes
are apparent. This application is considered an architecturally
3
Planning Commission Resolution No. 2006-05
concealed antenna facility, and therefore, will continue to be
physically suitable for the type and density/intensity of use being
proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
i) Granting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, injurious to persons, property,. or
improvements in the vicinity and zoning district in which the property is
located.
Before the issuance of any City permits, the proposed project is
required to comply: with all conditions set forth in the approving
resolution; and the Building and Safety Division; Public Works
Division; Fire Department requirements; and FCC approval. The
referenced agencies through the permit and inspection process will
ensure that the proposed project is not detrimental to the public
health, safety or welfare or materially injurious to the properties or
improvements in the vicinity.
j) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA)
The City has determined that the Application is categorically exempt
in accordance to the 1970 California Environmental Quality Act
CEQA), Section 15301(b).
DEVELOPMENT REVIEW
k) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas
e.g., theme areas, specific plans, community plans, boulevards or
planned developments.)
On July 25, 1995, the City adopted its General Plan. The proposed
project complies with the General Plan land use goals, objectives and
strategies. The project site is an existing fully developed building and
the proposed unmanned telecommunications facilities are mounted
within the existing building's fagade and mansard roof. The RF
transparent replacement materials match the existing building,
therefore, no exterior changes are apparent. This application is
considered an architecturally concealed antenna. and therefore,
continues to be consistent with the General Plan, City's Municipal
Code, and Design Guidelines. There are no architectural criteria for
special areas.
4
Planning Commission Resolution No. 2006-05
I) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
The project site is an existing fully developed building and the
proposed unmanned telecommunications facilities are mounted within
the existing building's fagade and mansard roof. The RF transparent
replacement materials match the existing building, therefore, no
exterior changes are apparent. This application is considered an
architecturally concealed antenna, and therefore, will not interfere with
the use and enjoyment of neighboring existing or future development
and will not create traffic or pedestrian hazards.
m) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain and enhance the harmonious orderly and attractive
development contemplated by Chapter 22.48, the General Plan, City
Design Guidelines, or any applicable specific plan.
The project site is an existing fully developed building and the
proposed unmanned telecommunications facilities are mounted within
the existing building's facade and mansard roof. The RF transparent
replacement materials match the existing building, therefore, no
exterior changes are apparent. This application is considered an
architecturally concealed antenna, and therefore, will continue to be
compatible with the characteristics of the surrounding neighborhood
and continue to maintain and enhance the harmonious orderly and
attractive development contemplated by Chapter 22.48, the General
Plan, City Design Guidelines, or any applicable specific plan.
n) The architectural design of the proposed development will provide a
desirable environment for its occupants and visiting public; as well as,
its neighbors through good aesthetic use of materials, texture, and
color that will remain aesthetically appealing.
The project site is an existing fully developed building and the
proposed unmanned telecommunications facilities are mounted within
the existing building's facade and mansard roof. The RF transparent
replacement materials match the existing building, therefore, no
exterior changes are apparent. This application is considered an
architecturally concealed antenna, and therefore, will continue to
provide a desirable environment for -its occupants and visiting public;
as well as, its neighbors through good aesthetic use of materials,
texture, and color that will remain aesthetically appealing.
5
Planning Commission Resolution No. 2006-05
o) The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Before the issuance of any City permits, the proposed project is
required to comply. with all conditions set forth in the approving
resolution; and the Building and Safety Division; Public Works
Division; Fire Department requirements; and FCC approval. The
referenced agencies through the permit and inspection process will
ensure that the proposed project is not detrimental to the public
health, safety or welfare or materially injurious to the properties or
improvements in the vicinity.
p) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA)
The City has determined that the Application is categorically exempt
in accordance to 1970 California Environmental Quality Act (CEQA),
Section 15301(b).
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
GENERAL
a) The project shall substantially conform to Title Sheet, Site and Roof
Plan, Antenna and Equipment Layout Plan, Elevations, Details, and
Survey collectively labeled as Exhibit "A" dated January 10, 2006, as
submitted to, amended herein, and approved by the Planning
Commission.
b) The site shall be maintained in a condition that is free of debris both
during and after the construction, addition, or implementation of the
entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction, shall be done
only by the property owner, applicant or by duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor utilized
has obtained permits from the City of Diamond Bar to provide such
services.
6
Planning Commission Resolution No. 2006-05
0
BUILDING AND SAFETY
PLANNING
0
c) Construction Plans shall conform to State and Local Building Codes.
d) A permit for demolition .shall be obtained from the South Coast Air
Quality Management District.
e) This structure shall meet the State Energy Conservation Standards.
f) The minimum design wind pressure shall be 80 miles per hour and
C" exposure. The City is in seismic zone four (4). Applicant shall
submit drawings and calculations prepared by a licensed
architect/engineer with wet stamp and signature.
g) The applicant shall maintain the RF transparent materials such that
the materials maintain a consistent appearance with the surrounding
materials. The roof and facade shall be reviewed by the applicant
every five years or as requested in writing to match the existing
building to avoid any property maintenance deterioration.
h) This approval is valid for two (2) years and shall be exercised
i.e., construction) within that period or this approval shall expire. A
one- (1) year extension may be approved when submitted to the City
in writing at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Municipal Code.
i) This approval shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) have
filed, within fifteen (15) days of approval, at the City of Diamond Bar
Community and Development Services Department, their affidavit
stating that they are aware and agree to accept all the conditions of
this approval. Further, this approval shall not be effective until the
permittee pays remaining City processing fees.
j) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this approval, a
cashier's check of $25.00 for a documentary handling fee in
connection with Fish and Game Code requirements. Furthermore, if
this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
7
Planning Commission Resolution No. 2006-05
applicant shall also pay to the Department of Fish and Game any i
such fee and any fine which the Department determines to be owed. i
The Planning Commission shall:
a) Certify to the adoption of this Resolution; and
b) Forthwith transmit a certified copy of this Resolution, by certified mail
to Diamond Bar Town Center, LLC, via Pacific West Asset
Management, 3191-D Airport Loop Drive, Costa Mesa, CA 92626,
and Applicant, Cingular Wireless, MMI Titan, Danielle Brandenburg,
12900 5th Floor- Park Plaza Drive, Cerritos, CA 90703.
APPROVED AND ADOPTED THIS 10th DAY OF JANUARY 2006, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
McManus, Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 10th day of January 2006., by the following vote:
AYES:
NOES
ABSENT:
Commissioners
Commissioner:
Commissioner:
ABSTAIN: Commissioner:
Torng, Lee, V/C Low
None
Nolan
Chair McManus
ATTEST:
Nancy Fong, Sfll-"
8
Planning Commission Resolution No. 2006-05
6
PLANNING COMMISSION
AGENDA REPORT
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117--www.Cityofdiamondbar.com
AGENDA ITEM NUMBER:
MEETING DATE: January 10, 2006
REPORT DATE: January 3, 2006
CASE/FILE NUMBER: Conditional Use Permit No. 2005-04/Development
Review No. 2005-23
PROJECT LOCATION: 1155 Diamond Bar Boulevard, Diamond Bar, CA
91765 (APN: 8713-031-010)
APPLICATION REQUEST: A request to install a wireless telecommunications
facility with antenna mounted on the rooftop concealed
by. the facade and mansard roof and equipment
cabinets in a second story retail suite. The
Development Review relates to architectural/design
review for the replacement of faux stucco and roofing
materials.
PROPERTY OWNER: Diamond Bar Town Center, LLC, via Pacific West
Asset Management, 3191-D Airport Loop Drive, Costa
Mesa, CA 92626
APPLICANT: Cingular Wireless, MMI Titan, Danielle Brandenburg,
12900 5th Floor- Park Plaza Drive, Cerritos, CA
90703
STAFF
RECOMMENDATION: Approve
CUP 05-04/DR 05.23 PAGE I
0 0
BACKGROUND:
The property owner, Diamond Bar Town Center, LLC, via Pacific West Asset Management,
and applicant, Cingular Wireless, MMI Titan, Danielle Brandenburg, request Conditional
Use Permit No. 2005-04 and Development Review No. 2005-23 to install a wireless
telecommunications facility with antenna mounted on the rooftop concealed by the facade
and mansard roof with the equipment cabinets in a second story retail suite. The
Development Review relates to architectural/design, review for the replacement of faux
stucco and roofing materials.
The commercial project site is near the corner of Diamond Bar Boulevard and Grand
Avenue behind the Jack in the Box. The commercial lot is approximately 53,900 square
feet in size and is irregularly shaped with an existing two-story commercial building
completed in 1986. This building and the five adjacent businesses have reciprocal access
and parking agreements.
The Cingular wireless communication equipment installation will provide voice, e-mail and
Internet access capabilities for Cingular Wireless customers. Cingular Wireless, formally
know as Pacific Bell Mobile Services and Pacific Bell Wireless, was established in 1994 as
the wireless subsidiary of Pacific Bell, now currently SBC. The new Cingular Wireless
includes ATT Wireless and is currently expanding its network for needed coverage since
the previous Cingular network was transferred to T -Mobile. '
ANALYSIS: .
A. Applications and Review Authority
Rooftop telecommunication installations require Planning Commission Conditional.
Use Permit approval per Diamond Bar Municipal Code (DBMC) Sections 22.42.130
and 22.58. The Development Review approval also requires Planning Commission
approval for the architectural/design review of the faux stucco and roofing material
replacement per DBMC 22.48.
The City's development standards for wireless telecommunication antenna facilities
were adopted in 1999. The purpose is to insure that the design and location of
telecommunications antenna and its related facilities are consistent with the adopted
policies, which require the aesthetic appearance of the wireless facilities be
unobtrusive and not unsightly to protect property values.
These processes establish consistency with the General Plan through the promotion
of high aesthetic and .functional standards to complement the City's economic,
physical, and social character. The process ensures that the proposed project's
development yields a pleasant living environment for the residents and visitors as the
result of consistent exemplary design.
CUP 05-04/DR 05-23 PAGE 2
B. Site and Surrounding Uses
General Plan designation - General Commercial (C)
Zoning - Unlimited Commercial -Billboard Exclusion (C -3 -BE)
Surrounding Zones and. Uses — to the ,north and west is the Unlimited Multiple
Residence -Minimum Lot Size -8,000 square feet -25 units per acre (R -3-8000-25U)
Zone; and to the south and east is the C -3 -BE Zone
C. Conditional Use Permit/Development Review
While general land use categories can be geographically designated through the
General Plan and other applicable land use plans, telecommunication facilities are
location dependent. The location is based on technical requirements such as terrain
and line -of -sight interaction with surrounding existing public utilities. As a mobile unit
moves from one area to another with a call in progress, the call is automatically
handed off" to the next repeater station without interruption. According to the
applicant, the chosen site provides the maximum coverage and efficient operation of
the system based on their grid and the surrounding land uses.
The applicant proposes to locate all unmanned telecommunications antennae at 26.5
feet height in the 30 feet 8 inch high existing building's facade and.mansard roof while
maintaining the appearance of the existing structure by using the installation of faux
RF transparent roofing and stucco materials in the noted locations. The applicant's
proposed unmanned development and use will be in operation twenty-four (24) hours
per day, seven (7) days a week, with routine maintenance scheduled once a month.
The proposed facility utilizes twelve (12) antennae divided into three (3) sectors
located within the existing facade and mansard roof. Each antenna is 72 inches high
by 10 inches wide and 4 feet deep. Also, antennae for 911 upgrade use will be added
on the southwest side of the building. This antenna is exposed and is 13 inches high
by 2" wide. Two air conditioning units are added to the roof and the
telecommunication equipment is located inside an existing second story retail suite.
Aesthetics are a major issue of locating the facilities .within our municipality. The
owner and applicant worked to mitigate unsightly visual impacts with this -wireless
facility by screening methods that would not undermine the intent of the General Plan
and the implementing ordinances. The applicant has agreed to mitigate staff's,
concern thatthe faux materials age differently from the surrounding materials with the
applicant maintaining the RF transparent materials for a consistent appearance with
the surrounding materials. The roof and facade shall be reviewed by the applicant
every five years or as requested in writing to match the existing building to avoid any
property maintenance deterioration.
CUP 05-04/DR 05-23 PAGE 3
1. Architectural Features and Colors: The proposed project's faux roof tile and
stucco fagade are compatible with the eclectic architectural style of the
surrounding area, consistent with the City's General Plan, Municipal Code, and
Design Guidelines.
2. Site -Work: No site work is required.
3. Co -location: The building is available for co -location.
4. FCC Guidelines: The FCC documentation indicates this project is categorically
excluded and highly unlikely to cause exposure in excess of the FCC's guidelines
or detrimental to the public health, safety or welfare of the community.
D. View Impact
The views are consistent with the existing development.
E. Additional Review
The Public Works Division and the Building and Safety Division reviewed this project.
Their comments are included in both the report and the approval conditions.
F. General Plan/Design Guidelines/Compatibility with Neighborhood
1. Strategy 2.2.1, New developments shall be compatible with surrounding land
uses.
Staff's review finds the application is consistent with the General' Plan, Municipal
Code Standards, the City's Design Guidelines and the project is compatible with the
neighborhood.
NOTICE OF PUBLIC HEARING:
On December 27, 2005, 27 property owners and interested parties within the project's 500 -
foot radius were mailed a public hearing notice and three other locations within the
application's vicinity were posted. On December 30, 2005, the project's public hearing
notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers and on December 31, 2005 a public hearing notice display board was posted
at the site.
ENVIRONMENTAL ASSESSMENT:
The City has determined that the Application is categorically exempt per the 1970
California Environmental Quality Act (CEQA), Section 15301(b).
CUP 05-04/DR 05-23 PAGE 4
RECOMMENDA'T'IONS:
Staff recommends that the Planning Commission approve Conditional Use Permit No.
2005-04/ Development Review No. 2005-23, Findings of Fact, and conditions of approval
as listed within the attached resolution.
Prepared by: Linda Kay Smith, Development Services Associate
ATTACHMENTS:
1. Draft Resolution of Approval;
2. Exhibit "A" - Title Sheet, Site and Roof Plan, Antenna and, Equipment Layout Plan,
Elevations, Details, and Survey dated January 10, 2006.
CUP 05-04/DR 05-23 PAGE 5
DRAFT
ATTACHMENT 1"
PLANNING COMMISSION
RESOLUTION NO. 2006-xx
A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2005-04, DEVELOPMENT
REVIEW NO. 2005-23 AND CATEGORICAL EXEMPTION 15301(b), A
REQUEST TO INSTALL A WIRELESS TELECOMMUNICATIONS
FACILITY . WITH ANTENNA MOUNTED WITHIN THE ROOFTOP
CONCEALED BY THE FACADE AND MANSARD ROOF AND EQUIPMENT
CABINETS IN A SECOND FLOOR RETAIL SUITE. THE PROJECT SITE.
IS 1155 DIAMOND BAR BOULEVARD (APN: 8713-03.1-010), DIAMOND
BAR, CALIFORNIA.
A. RECITALS
The property owner, Diamond Bar Town Center, LLC, via Pacific West Asset
Management, and applicant, Cingular Wireless, via MMI Titan, Danielle
Brandenburg, filed Conditional Use Permit No. 2005-04 and Development
Review No. 2005-23 applications for a property at 1155 Diamond Bar
Boulevard (APN: 8713-031-010), Diamond Bar, Los Angeles County,
California, as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Conditional Use Permit, Development. Review, and
Categorical Exemption shall be referred to as the "Application."
2. On December 27, 2005, 27 property owners and interested parties within the
project's 500 -foot radius were mailed a public hearing notice and three other
locations within the application's vicinity were posted. , On December 30,
2005, the project's public hearing notification .was published in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a
public hearing notice display board was posted at the site.
3. On January 10, 2006, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are'true and correct.
2. The Planning Commission . hereby determines that the Application is
categorically exempt per the 1970 California Environmental Quality Act
CEQA), Section 15301(b).
DRAFT
ATTACHMENT "V
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the Application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of. the California Code of
Regulations.
4. Based upon the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
a) The project site is addressed 1155 Diamond Bar Boulevard (Assessor
Parcel Number 8713-031-010), Diamond Bar, California. The parcel is
approximately 1.24 gross acres: 53,900 usable square feet. The lot is
irregularly shaped with an existing two-story commercial building
completed in 1986. Six parcels have reciprocal access and parking
agreements.
b) The General Plan Land Use designation is General Commercial (C).
The project. site is zoned Unlimited Commercial Billboard Exclusion
C -3 -BE).
c) To the north and west is the Unlimited Multiple Residence -Minimum
Lot Size -8,000 Square Feet -25 Units Per Acre (R -3-8,000-25U) Zone
and to the south and east is the Unlimited Commercial (C-3) Zone.
d) The Application requests installation of a wireless telecommunications
facility with antenna mounted on the rooftop concealed by the facade
and mansard roof and equipment cabinets in a second floor retail
suite. The Development Review relates to architectural/design review
for the replacement of faux stucco and roofing materials.
CONDITIONAL USE PERMIT
e) The proposed use -is allowed within the subject -zoning district with the
approval of a Conditional Use Permit and complies with all other
applicable provisions of the Development Code and the Municipal
Code.
The proposed telecommunication project is permitted on the subject
property as set forth in the Diamond Bar Municipal Code Section
22.42.1.30. The existing building was approved in 1986. The proposed
unmanned telecommunications facilities are mounted within the
I
DRAFT
ATTACHMENT"1"
existing .building's facade and mansard roof. The. RF transparent
replacement materials match the existing building so no exterior
changes are apparent. As an architecturally concealed antenna, it
complies with applicable provisions of the Municipal Code.
f) The proposed use is consistent with the General Plan and any
applicable specific plan.
On July 25, 1995, the City adopted its General Plan. The proposed
project complies with the General Plan land use goals, objectives and
strategies.. The project site is an existing fully developed building and
the proposed unmanned telecommunications facilities are mounted
within the existing building's facade and mansard roof. The RF
transparent replacement materials match the existing building so no
exterior .changes are apparent. This application is considered an
architecturally concealed antenna and therefore continues to be
consistent with the General Plan, City's Municipal Code, and Design
Guidelines and there 'is no specific plan.
g) Design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the
vicinity.
The existing building was approved in 1986. The proposed unmanned
telecommunications facilities are mounted within the existing
building's fagade and mansard roof. The RF transparent replacement
materials, match the existing building so no exterior changes are
apparent. This application is considered an architecturally concealed
antenna facility and therefore is .compatible with the existing and
future land uses in the vicinity.
h) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with.adjoining land uses, and the absence of physical'
constraints.
The project site is an existing fully developed building and the existing
building was approved in 1986. The proposed. , unmanned
telecommunications facilities are mounted within the existing
building's fagade and mansard roof. The RF transparent replacement
materials match the existing building so no exterior changes are
apparent. This application is considered an architecturally concealed
antenna facility and therefore will continue to be physically suitable for
the type and density/intensity of use being proposed including access,
provision of utilities, compatibility with adjoining land, uses, and the
absence of physical constraints.
3.
9 0
DRAFT
ATTACHMENT "V
i) Granting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is
located.
Before the issuance of any City permits, the proposed project is
required to comply. with all conditions set forth in the'approving
resolution; and the Building and Safety Division; Public Works
Division; Fire Department requirements; and FCC approval. The
referenced agencies through the permit and inspection process will
ensure that the proposed project is not detrimental to the public
health, safety or welfare or materially injurious to the properties or
improvements in the vicinity.
j) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA)
The City has determined that the Application is categorically exempt
per the 1970 California. Environmental Quality Act (CEQA), Section
15301(b).
DEVELOPMENT REVIEW
k) The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas (e.g.,
theme areas, specific plans, community plans, boulevards or planned
developments).
On July 25, 1995, the City adopted its General Plan. The, proposed
project complies with the General Plan land use goals, objectives and
strategies. The project site is an existing fully developed building and
the proposed unmanned telecommunications facilities are mounted
within the existing building's fagade and mansard roof. The RF
transparent replacement materials match the existing building so no
exterior changes are apparent. This application is considered an
architecturally concealed. antenna and therefore continues to be
consistent with the General Plan, City's Municipal Code, and Design
Guidelines and there are no architectural criteria for special areas.
1) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development and will not create traffic or pedestrian hazards.
4
0 .
DRAFT
ATTACHMENT "V
The project site is an existing fully developed building and the
proposed unmanned telecommunications facilities are mounted within
the existing building's fagade and mansard roof. The RF transparent
replacement materials match the existing building so no exterior
changes are apparent. This application is considered an
architecturally concealed antenna and therefore will not interfere with
the use and enjoyment of neighboring existing or future development
and will not create traffic or pedestrian hazards.
m) The 'architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain and enhance 'the harmonious orderly and attractive
development contemplated by Chapter 22.48, the General Plan, City
Design Guidelines, or any applicable specific plan.
The project site is an existing- fully developed building and the
proposed unmanned telecommunications facilities are mounted within
the existing building's fagade and mansard roof. The RF transparent
replacement materials match the existing. building so no exterior
changes. are apparent. This application is considered an
architecturally concealed 'antenna and therefore will continue to be
compatible with the characteristics of the surrounding neighborhood
and continue to maintain and enhance the harmonious orderly and
attractive development contemplated by Chapter 22.48, the General
Plan, City Design Guidelines, or any applicable specific plan.
n) The architectural design of the proposed development will provide a
desirable environment for its occupants and visiting public; as well as,
its neighbors through good aesthetic use of materials, texture, and
color that will remain aesthetically appealing.
The project site is an existing fully developed building and the
proposed unmanned telecommunications facilities are mounted within
the existing building's fagade and mansard roof. The RF transparent
replacement materials match the existing building so no exterior.
changes are apparent. This application is considered an
architecturally, concealed antenna and therefore will continue to
provide a desirable environment for its occupants and visiting public;
as well as, its neighbors through good aesthetic use of materials,
texture, and color that will remain aesthetically appealing. ' .
o) The proposed development will not be detrimental to public health,
safety or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
5
DRAFT
ATTACHMENT I"
Before the issuance of any City permits, the proposed project is
required to comply: with all conditions set forth in the approving
resolution; and the Building and Safety Division; Public Works
Division; Fire Department requirements; and FCC approval. The
referenced agencies through the permit and inspection process will
ensure that the proposed project is not detrimental to the public
health, safety or welfare or materially injurious to the properties or
improvements in the vicinity:
p) The proposed project has been reviewed in compliance with the
provisions of the.California Environmental Quality Act (CEQA)
The City has determined that the Application is categorically exempt
per the 1970 California Environmental Quality Act (CEQA), Section
15301(b).
5. Based on the findings and conclusions set, forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
GENERAL
a) The project shall substantially conform to Title Sheet, Site and Roof
Plan, Antenna and Equipment Layout Plan, Elevations, Details, and
Survey collectively labeled as Exhibit "A" dated January 10, 2006, as
submitted to, amended herein, and approved by the Planning
Commission.
b) The site shall be maintained in a condition that is free of debris both
during and after the construction, addition, or implementation of the
entitlement granted herein. The removal of all trash, debris, and
refuse, whether during or subsequent to construction, shall be done
only by the property owner; applicant or by duly permitted waste
contractor, who has been authorized by the City to provide collection,
transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall
be the applicant's obligation to insure that the waste contractor utilized
has obtained permits from the City of Diamond Bar to provide such
services.
BUILDING AND SAFETY
d) Construction Plans shall conform to State and Local Building Codes.
c) A permit for demolition shall be obtained from the South Coast Air
Quality Management District.
01
PLANNING
DRAFT
ATTACHMENT "'I"
d) This structure shall meet the State Energy Conservation Standards.
e) The minimum design wind pressure shall be 80 miles per hour and
C" exposure. The City is inseismic zone four (4). Applicant shall
submit drawings and calculations prepared by a licensed
architect/engineer with wet stamp and signature.
f) The applicant, shall maintain the RF transparent materials such that
the materials maintain a consistent appearance with the surrounding
materials. The roof and fagade shall be reviewed by the applicant
every five years or as requested in writing to match the existing
building to avoid any property maintenance deterioration.
g) This approval is valid ,for two (2) years and shall be exercised (i.e.
construction) within that period or this approval shall expire. A one- (1)
year extension may be approved when submitted to the City in writing
at least 60 days prior to the expiration date. The Planning
Commission will consider the extension request at a duly noticed
public hearing in accordance with Chapter 22.72 of the City of
Diamond Bar Municipal Code.
h) This approval shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) have
filed, within fifteen (15) days of approval, at the City of Diamond Bar
Community and Development Services Department, their affidavit
stating that they are aware and agree to accept all the conditions of
this approval. Further, this approval shall not be effective until the
permittee pays remaining City processing fees.
i) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this approval, a
cashier's check of $25.00 for a documentary handling fee in
connection with Fish and Game Code requirements. Furthermore, if
this project is not exempt from a filing fee imposed because the
project has more than a deminimis impact on fish and wildlife, the
applicant shall also pay to the Department of Fish and Game any
such fee and any fine which the Department determines to be owed.
The Planning Commission shall:
a) Certify to the adoption of this Resolution; and _
b) Forthwith transmit a certified copy of this Resolution, by certified mail
to Diamond Bar Town Center, LLC, via Pacific West Asset
7
i
DRAFT
ATTACHMENT "1"
Management, 3191-D Airport Loop Drive, Costa Mesa, CA 92626 and
Applicant, Cingular Wireless, MMI Titan, Danielle Brandenburg,
12900 5th Floor- Park Plaza Drive, Cerritos, CA 90703.
APPROVED AND ADOPTED THIS 10th DAY OF JANUARY 2006, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Joe McManus, Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby, certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 10th day of January 2006, by the following vote:
AYES: Commissioners:
NOES: .' Commissioner:
ABSENT: Commissioner:
ABSTAIN: Commissioner:
ATTEST:
Nancy Fong, Interim Community Development Director
Word: comdevAinda smith/plancomm/projects/DR 2005/DR 2005-23 ... /Reso...
M1rt
Cp CITY OF DIAMOND BAR
Y 21825 COPLEY DRIVE
n
DIAMOND BAR, CA 91765
909) 839-7030
Notice Of Exemption
TO: Office of Planning and Research FROM: City of Diamond Bar
1400 Tenth Street, Room 121 21825 Copley Drive
Sacramento, CA 95814 Diamond Bar, CA 91765
County Clerk, County of Los Angeles
12400 E. Imperial Hwy., Room 2001
Norwalk, CA 90650
Proiect Title: Conditional Use Permit 2005-04/Development Review No. 2005-23
Proiect Location -Specific: 1155 Diamond Bar Boulevard
Project Location -City: Diamond Bar, CA Proiect Location -County: LPs Angeles
Description of Nature Purpose and Beneficiaries of Proiect: In accordance. to Code Sections 22.42,
22.58, and 22.48 - this is a request to install a wireless telecommunications facilitywith antennas mounted on the
roof -top concealed by the facade and mansard roof and equipment cabinets in retail suite. The Development
Review. relates to architectural/design review for the replacement of faux stucco and roofing materials.
Name of Public Agency Approving Project: City of Diamond Bar
Name of Person or Agency Carrying Out Project: City of Diamond Bar
Exempt Status: (Check One)
Ministerial (Sec. 21080 (b)(1); 15268);
Declared Emergency (Sec. 21080 (b)(3); 15269 (a));
Emergency Project (Sec. 21080 (b)(4); 15269 (b)(c);
X Categorical Exemption. State type and section number: Pursuant to the provisions of the California
Environmental QualityAct (CEQA), Section 15301(b), the City has determined that this project is
Categorically Exempt.
Statutory Exemptions. State code number:
Reasons why project is exempt: Existing facilities used to provide other public utility services.
Linda K Smith (909) 839-7030
Lead Agency Contact Person Area Telephone Extension
Code
If filed by applicant:
1. Attach certified document of exemption finding
2. Has a notice of exemption been filed by the public agency approving the project?
Yes _ No _ a
Signature:
Signed by Lead Agen
Signed by Applicant
J
g:\\noe\\.doc
Janua 16, 20062006 Title: Development Services Associate
eived for filing at OPR:
ORIGINAL FILE®
JAN 19 2006
LOS ANGELES, COUNTY CLERK
I • • CITY OF DIAMOND BAR
21825 COPLEY DRIVE
DIAMOND BAR, CA 91765
909) 839-7030
Notice Of Exemption
TO: Office of Planning and Research FROM: City of Diamond Bar
1400 Tenth Street, Room 121 21825 Copley Drive
Sacramento, CA 95814 Diamond Bar, CAU 7
County Clerk, County of Los Angeles
J1L
12400 E. Imperial Hwy., Room 2001 JAN 1 9 2006
Norwalk, CA 90650
CO Y B, c U' MACK, COUNTY CLERK
Project Title: Conditional Use Permit 2005-04/Development Review No. 2005-23 c
Project Location -Specific: 1155 Diamond Bar Boulevard K HARPER DEPUTY
Project Location -City: Diamond Bar, CA Project Location -County: Los Angeles
Description of Nature, Purpose, and Beneficiaries of Project: In accordance to Code Sections 22.42,
22.58, and 22.48 - this is a request to install a wireless telecommunications facility with antennas mounted on the
roof -top concealed by the fagade and mansard roof and equipment cabinets in retail suite. The Development
Review relates to architectural/design review for the replacement of faux stucco and roofing materials.
Name of Public Agency Approving Project: City of Diamond Bar
Name of Person or Agency Carrying Out Project: City of Diamond Bar
Exempt Status: . (Check One)
Ministerial (Sec. 21080 (b)(1); 15268);
Declared Emergency (Sec. 21080 (b)(3); 15269 (a));
Emergency Project (Sec. 21080 (b)(4); 15269 (b)(c);
X Categorical Exemption. State type and section number: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), Section 15301(b), the City has determined that this project is
Categorically Exempt.
Statutory Exemptions. State code number:
Reasons why project is exempt: Existing facilities used to provide other public utility services.
Linda K. Smith (909) 839-7030
Lead Agency Contact Person Area Telephone Extension
Code
If filed by applicant:
1. Attach certified document of exemption finding
2. Has a notice of exemption been filed by the public agency approving the project?
Yes _ No _
Signature: January 16, 2006 Title: Development Services Associate
Signed by Lead Agen Date received for filing at OPR:
Signed by Applicant
1'HIS NOnCE WAS POb`W
oNJ62120816
Urn
REGISTRAR-RECOADER/OOUNTY am
g:\\noe\\.doc
06 0018578
1r
LEGALS - u / I+ e-31-016
From Stella Marquez, Diamond Bar, Planning Division (909) 839-7030
PLEASE ADVERTISE ON Friday, December 30, 2005:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the Planning
Commission will conduct a public hearing on the following item to determine whether or
not the subject request shall be approved under the provisions of State law and the
Diamond Bar's Municipal Code:
Conditional Use Permit 2005-04/Development Review No. 2005-23 (pursuant to
Code Sections 22.42, 22.58, and 22.48) is a request to install a wireless
telecommunications facility with antennas mounted on the roof -top concealed by the
facade and mansard roof and equipment cabinets in retail suite. The Development
Review relates to architectural/design review for the replacement of faux stucco and
roofing materials.
PROJECT ADDRESS: 1155 Diamond Bar Boulevard, Diamond Bar, CA 91765
PROPERTY OWNER: Diamond Bar Town Center, LLC, Pacific West Asset
Management, 3191-D Airport Loop Drive, Costa Mesa, CA
92626
APPLICANT/AGENT: Cingular Wireless, MMI Titan, Danielle Brandenburg, 12900
5th
Floor -Park Plaza Drive, Cerritos, CA 90703
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), Section 15301(b), the City has determined that this
project is Categorically Exempt.
If you are unable to attend the public hearing, but wish to send written comments,
please write to the Diamond Bar Development Services Department/Planning Division
at the address given below. You may also obtain additional information concerning this
case by phoning (909) 839-7030.
If you challenge this application and project in court, you may be limited to raising only.
those issues you or someone else raised at the public hearing described in this notice,
or in written correspondence delivered to the Planning Commission at, or prior to, the
public hearing.
TIME OF HEARING: 7:00 p.m. (or as soon thereafter that the matter can be heard)
DATE OF PUBLIC HEARING: Tuesday, January 10, 2006
0
LOCATION: South Coast, Air Quality Management District/
Government Center Auditorium
21865 Copley Drive
Diamond Bar, California 91765
CASE MATERIALS are available for review from 7:30 a.m. and 5:30 p.m., Monday
through Thursday, and 7:30 a.m. to 4:30 p.m., Friday, at the Diamond Bar Development
Services Department/Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765.
Stella Marauez
From: IV Daily Bulletin [legals@dailybulletin.com]
Sent: Tuesday, December 27, 2005 12:17 PM
To: Stella Marquez
Subject: RE: Legal Ad request - thank you
Please accept this as confirmation to publish the attached legal ad on the date requested. Grace Barnett for
Terry Bronson.
Original Message ----
From: Stella.Marquez@ci.diamond-bar.ca:us
To: legals@dailybulletin.com, nefertiti.moses@sgvn.com
Subject: RE: Legal Ad request - thank you
Date: Tue, 27 Dec 2005 12:15:55 -0800
Confidential Communications
The information contained in this e-mail message is intended only -for
the use of the individual or individuals named above. If the person
actually
receiving this message or any other reader of the message is not the
named recipient or the employee or agent responsible to deliver it to
the
named recipient, any use, dissemination, distribution, or copying of
the
communication is strictly prohibited. If you have received this
communication in error, please immediately destroy AND notify us by
telephone at 909.839.7058.
Please publish the attached ad on the date indicated. Please
confirm receipt. Thank you.
LEGALS -
From Stella Marquez, Diamond Bar Planning Division (909) 839-7030
PLEASE ADVERTISE ON Friday, December 30, 2005:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the Planning
Commission will conduct a public hearing on the following item to
determine whether or not the subject request shall be approved under
the provisions of State law and the Diamond Bar's Municipal Code:
Conditional Use Permit 2005-04/Development Review No. 2005-23 (pursuant
to Code Sections 22.42, 22.58, and 22.48) is a request to install a
wireless telecommunications facility with antennas mounted on the
roof -top concealed by the facade and mansard roof and equipment
cabinets in retail suite. The Development Review relates to
architectural/design review for the replacement of faux stucco and
roofing materials.
PROJECT ADDRESS: 1155 Diamond Bar Boulevard, Diamond Bar, CA.91765
PROPERTY OWNER: Diamond Bar Town Center, LLC, Pacific West Asset
Management, 3191-D Airport Loop Drive, Costa Mesa, CA 92626
APPLICANT/AGENT: Cingular Wireless, MMI Titan, Danielle Brandenburg,
12900 5th Floor -Park Plaza Drive, Cerritos, CA 90703
Environmental Determination: Pursuant to the provisions of the
California Environmental Quality Act (CEQA), Section 15301(b), the City
has determined that this project is Categorically Exempt.
If you are unable to attend the public hearing, but wish to send
written comments, please write to the Diamond Bar Development Services
Department/Planning Division at the address given below. You may also
obtain additional information concerning this case by phoning (909)
839-7030.
If you challenge this application and project in court, you may be
limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence
delivered to the Planning Commission at, or prior to, the public
hearing.
TIME OF HEARING: 7:00 p.m. (or as soon
thereafter that the matter can, be heard)
DATE OF PUBLIC HEARING: Tuesday, January 10, 2006
LOCATION: South Coast Air
Quality Management District/ Government Center Auditorium
2
0 . 0
21865 Copley
Drive
Diamond Bar,
California 91765
CASE MATERIALS are available for review from 7:30 a.m. and 5:30 p.m.,
Monday through Thursday, and 7:30 a.m. to 4:30 p.m., Friday, at the
Diamond Bar Development Services Department/Planning Division, 21825
Copley Drive, Diamond Bar, CA 91765.
Terry Bronson
Legal Advertising
Inland Valley Daily Bulletin
www.dailybulletin.com
909-987-6397 x215
3
Stella Marquez
From: nefertiti.moses@sgvn.com
Sent: Tuesday, December 27, 2005 12:20 PM
To: Stella Marquez
Subject: RE: Legal Ad request - thank you
YOUR AD WILL BE PUBLISHED AS REQUESTED.
THANKS,
MARY
Original Message ----
From: Stella.Marquez@ci.diamond-bar.ca.us
To: legals@dailybulletin.com, nefertiti.moses@sgvn.com
Subject: RE: Legal Ad request - thank you
Date: Tue, ' 27 Dec 2005 12:15:55 -0800
Confidential Communications
The information contained in this e-mail message is intended only for
the use of the individual or individuals named above. If the person
actually
receiving this message or any other reader of the message is not the
named recipient or the employee or agent responsible to deliver it to
the
named recipient, any use, dissemination, distribution, or copying of
the
communication is strictly prohibited. If you have received this
communication in error, please immediately destroy. AND notify us by
telephone at 909.839.7058.
Please publish the attached ad on the date indicated. Please
confirm receipt. -Thank you.
LEGALS -
From Stella Marquez, Diamond Bar Planning Division (909) 839-7030
PLEASE ADVERTISE ON Friday, December 30, 2005:
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the Planning
Commission will conduct a public hearing on the following item to
determine whether or not the subject request shall be approved under
1
the provisions of State law and the Diamond Bar's Municipal. Code:
Conditional Use Permit 2005-04/Development Review No. 2005-23 (pursuant
to Code Sections 22.42, 22.58, and 22.48) is a request to install a
wireless telecommunications facility with antennas mounted on the
roof -top concealed by the fagade and mansard roof and equipment
cabinets in retail suite. The Development Review relates to
architectural/design review for the replacement of faux stucco and
roofing materials.
PROJECT ADDRESS: 1155 Diamond Bar Boulevard, Diamond Bar, CA 91765
PROPERTY OWNER: Diamond Bar Town Center, LLC, Pacific West Asset
Management, 3191-D Airport Loop Drive, Costa Mesa, CA 92626
APPLICANT/AGENT: Cingular Wireless, MMI Titan, Danielle Brandenburg,
12900 5th Floor -Park Plaza Drive, Cerritos, CA 90703
Environmental Determination: Pursuant to the provisions of the
California Environmental Quality Act (CEQA), Section 15301(b), the City
has determined that this project is Categorically Exempt.
If you are unable to attend the public hearing, but wish to send
written comments, please write to the Diamond Bar Development Services,
Department/Planning Division at -the address given below. You may also
obtain additional information concerning this case by phoning (909)
839-7030.
If you challenge this application and project in court, you may be
limited to raising only those issues you or someone else raised at the
public hearing described in this notice, or in written correspondence
delivered to the Planning Commission at, or prior to, the public
hearing.
TIME OF HEARING: 7:00 p.m. (or as soon
thereafter that the matter can be heard)
DATE OF PUBLIC HEARING
LOCATION:
Tuesday, January 10, 2006
South Coast Air
2
Quality Management District/ Government Center Auditorium
21865 Copley
Drive
Diamond Bar,
California 91765
CASE MATERIALS are available for review from 7:30 a.m. and 5:30 p.m.,
Monday through Thursday, and 7:30 a.m. to 4:30 p.m., Friday, at the
Diamond Bar Development Services Department/Planning Division, 21825
Copley Drive, Diamond Bar, CA 91765.
C
DI 411 'D
BaRNOTICE OF PUBLIC HEARING
City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765
TO:. Property Owners within a 500 -foot radius of subject site
FROM: Diamond Bar Planning Commission
NOTICE IS HEREBY GIVEN, pursuant to State law, that a public hearing will be held by the Diamond Bar
Planning Commission to determine whether or not the subject request shall be approved under the provisions
of State law and Diamond Bar's Municipal Code (DBMC) as follows:
DATE AND TIME OF HEARING: Tuesday, January 10, 2006, 7:00 P.M. (or as soon thereafter that the matter can beheard)
PLACE OF HEARING: South Coast Air Quality Management District/Government Center Auditorium, 21865
Copley Drive, .niamnnd_Bar, CA 91765 ..
REQUEST: Conditional Use Permit 2005-04/Development Review No. 2005-23 (pursuant to Code
Sections 22.42, 22.58, and 22.48) is a request to install a wireless telecommunications facility with roof
mounted antennas concealed by the facade and mansard roof and equipment cabinets in retail suite. The
Development Review relates to architectural/design review for the replacement of faux stucco and roofing
materials.
PROJECT ADDRESS: 1155 Diamond Bar Boulevard, Diamond Bar, CA 91765
PROPERTY OWNER: Diamond Bar Town Center, LLC, Pacific West Asset Management, 3191-D Airport
Loop Drive, Costa Mesa, CA 92626
APPLICANT/AGENT: Cingular Wireless, MMI Titan, Danielle Brandenburg, 12900 5th Floor -Park Plaza
Drive, Cerritos; CA 90703
Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act
CEQA), Section 15301(b), the City has determined that this project is Categorically Exempt.
AREA MAP (not to scale)
Published in:
San Gabriel Valley Tribune: December 30, 2005
Inland Valley Daily,Bulletin: December 30, 2005
If you are unable to attend the public hearing, but wish to
send written comments, please write to the Diamond Bar
Community and Development Services Department/
Planning Division at the address given below. To preview
case materials or for further information on this subject,
please contact the Planning Division at (909) 839-7030.
If you challenge this application and project in court, you
may be limited to raising onlythose issues you or someone
else raised at the public hearing described in this notice, or
in written correspondence delivered to the Planning
Commission at, or prior to, the public hearing.
CASE MATERIALS are available for review between 7:30
a.m. and 5:30 p.m., Monday -Thursday, and 7:30 a.m. to
4:30 p.m., Friday, at the Diamond Bar Community and
Development Services Department/Planning Division,
21825 Copley Drive, Diamond Bar, CA 91765 (inside
SCAQMD/Government Center building).
T 0
North Subject Site
CID
4/
co
m
Lil ,/ •,
i
O '°
o42p2 ,yro '/
09,E
Wen P. Chang
Mayor
Deborah H. O'Connor
Mayor Pro Tem
Carol Herrera
Council Member
Jack Tanaka
Council Member
Bob Zirbes
Council Member
Recycled paper
July 19, 2005
City of Diamond Bar
21825 Copley Drive • Diamond Bar, CA 91765-4178
909) 839-7000 • Fax (909) 861-3117
www.CityofDiamondBar.com
MMI Titan
Danielle Brandenburg
12900 Park Plaza Drive, 3 t Floor
Cerritos, CA 90803
RE: Conditional Use Permit No. 2005-04, Development Review No. 2005-
23 for the Property Located at 1155 South Diamond Bar Boulevard,
Rooftop Installation -Telecommunications Site for ATT Wireless
Dear Ms. Brandenburg:
Thank you for your July
11th
submittal of a proposed rooftop
telecommunication installation at the Diamond Bar Town Center site. I will be
working with you through the public hearing process. However, your project
has been deemed incomplete for processing. I offer the following review
comments:
1. The following applications are required based on the proposed
development concept. If the development concept changes,
additional or other applications may be required.
Conditional Use Permit and Development Review A
Development Review is required for the proposed rooftop
telecommunication project with 12 antenna per Development Code
Section 22.48 and 22.42. These have been submitted with the
application.
Environmental Review An Environmental , Determination is
required per California Environmental Quality Act.
2. The following are additional information, which are required for the
application submittal.
Residential Proximity Provide distances to the residential
neighborhoods.
Plans
Indicate the height of any existing or proposed new support
structures
Provide sections for all elevations
Provide a detail and section of the antenna
Provide antenna mounting detail
Provide screening detail for the AC units and the height and
detail of AC units
Provide Mansard Roof details
Indicate the depth of the roof to top of ridge on the plans and
label accordingly
Master Plan A master . plan showing existing wireless
telecommunications antenna facilities sites within the, city that are ;
r owned or operated by the applicant (DBMC 22.42.130(g)(5)(d).
Photographic Simulations Provide photographic simulations of
all elevations including from the apartment complex. Staff is
concerned that the antenna will be seen from the higher elevation.
Engineering Documentation Provide detailed engineering
calculations for foundation and wind loads, plus documentation
that the electromagnetic fields from the proposed _ wireless
telecommunications antenna facility will be within the limits
approved by the FCC (DBMC 22.42.130(g)(5)(f)
Co -Location Provide in writing information regarding future co -
location capabilities
3. The design issues which require clarification in the application
submittal.
Provide a sample of transparent material, specifications, and
indicate on the plans the square feet of the re -placement area. -
Staff is concerned about replacement materials fading like those
installed at 1200 Grand Avenue (Vineyard Bank Building).
We look forward to working with you in the processing of your project. Once
the project is deemed complete, we will schedule the hearing. If you have
any questions, please feel free to call me at (909) 839-7033 or by e-mail me
at linda.smith@ci.diamond-bar.ca.us.
Sincerely,
Linda Kay Smith /
Development Services Associate
cc: James DeStefano, Assistant City Manager
Nancy Fong, Planning Manager
Diamond Bar Town Center, LLC, Owner
Word: corn dev/linda smith/plancomm/projects/DR 2005/DR 2005-23.../It deemed incomplete 071905
0
Cingular Wireless
c% MMI Titan, Inc.
12900 Park Plaza Drive, a Floor.
Cerritos, CA 90703
September 20, 2005
ci T
2005 OCT -4 10: 23
Linda Kay Smith
Development Services Associate
City of Diamond Bar
Development Services
21825 Copley Drive
Diamond Bar, CA 91765-4178
Xcingular
raising the bar...ill'
RE: Conditional Use Permit No. 2005-04, Development Review No. 200523
Cingular Wireless Rooftop Installation for Telecommunications Site # LSANCA0372
Property located at 1155 South Diamond Bar Blvd
Dear Ms. Smith,
We can appreciate your concern regarding the weathering of proposed radio frequency transparent
materials used to screen the antennas located within the mansard roof for the aforementioned site.
Should the RF transparent roof tiles used at this rooftop telecommunication installation significantly fade
or change from their original condition, Cingular Wireless agrees that the material will be repaired upon
written notice.
Thank you for your time and consideration of this project.
Sincerely,
T n 1
L0jh 6 t G .
Y< cingular
2005 OCT -4 5M 10: 23 raising thebar,..dl'
Cingular Wireless
c% MMI Titan, Inc.
12900 Park Plaza Drive, Oh Floor.
Cerritos, CA 90703
September 27, 2005
Linda Kay Smith
City of Diamond Bar
Development Services
21825 Copley Drive
Diamond Bar, CA 91765
Subject: Resubmittal for Conditional Use Permit No. 2005-04, Development Review No. 2005-23
Cingular Wireless site #LSANCA3086) located at 1155 South Diamond Bar Blvd
Dear Ms. Smith,
This is a revised submittal to establish a wireless communications facility at 1155 South Diamond Bar
Blvd for Cingular Wireless. The following is being submitted to respond to your comments per yoru
letter dated July 19, 2005 below,
I. Residential proximity distances are provided on the revised enclosed drawings.
2. Plans have been revised and enclosed per your comments.
3. A map is enclosed showing the plan of the existing wireless facilities within the City of Diamond
Bar.
4. Photographs are enclosed to show the elevationsiincluding the apartment complex. Please note
that these antennas will be fully screened and there will be no changes aesthetically to the existing
building.
5. Engineering calculations are enclosed.
6. Documentation for FCC limits are enclosed.
7. Co -location. The existing building may have other carrier's coexist on this rooftop.
8. Samples of the materials are included with this submittal. The plans indicate the square feet of
material being replaced.
9. A letter from Cingular is enclosed regarding the fading concerns. Please review and if this letter
addresses concerns, Cingular will sign.
Upon reviewing the enclosed please let me know when the Development Review can be scheduled in
order for this project to proceed.
Please feel free to call me with any questions at 949-244-5633. I look forward to hearing from you soon.
Thank you for your time and consideration.
Sincerely,
r iC
Danielle Brandenburg
Project Manager, Site acquisition
MMI Titan, Inc
Wen P. Chang
Mayor
Deborah H. O'Connor
Mayor Pro Tem
Carol Herrera
Council Member
Jack Tanaka
Council Member
Bob Zirbes
Council Member
Recycled paper
r 2. 2005
7
City of Diamond Bar
2182.5 Copley Drive • Diamond Bar, CA 91765-4178
909) 839-7000 • Fax (909) 861-3117
www.CityofDiamondBar.com
MMI Titan
Danielle Brandenburg
12900 Park Plaza Drive, 3 t Floor
Cerritos, CA 90803
Subject: Conditional Use Permit No. 2005-04, Development Review No.
2005-23 for the Property Located at 1155 South Diamond Bar
Boulevard, Rooftop Installation -Telecommunications Site for
ATT Wireless
Thank you for the second proposed project submittal dated October 4th.
Staff reviewed the submitted documents and several items noted in the July
19th
letter need to be submitted for processing. Attached is a list of items
needed prior to finding the application complete, e.g., non -conformities with
development standards, major design issues, etc. Further processing of your
application will begin once the listed items are submitted and deemed
complete. We recommend that you address the issues on the attached list
immediately to expedite the process. In addition, please submit five copies
of the revised application Plans to the Planning division. The information
and/or plans necessary to deem the application complete must be
received within 60 days from the date of this letter.
Should you have any questions regarding the review process, or if we can be
of further assistance, please feel free to contact me at (909) 839-7033,
Monday through Thursday, 7 a.m. to 5:30 p.m. and Friday, 7:30 a.m. to 4:30
p.m.
We look forward to working with you and are confident that the finished
project will be one of great success for both you and the city.
Sincerely,
Linda Kay Smith
Development Services Associate
Attachment
cc: Nancy Fong, Interim Community Development Director
Diamond Bar Town Center, LLC, Owner
0 ;0
FILE NO.: CUP 05-04/DR05-23
Items Deemed Incomplete)
NOTE: This information. is provided to assist in the preparation and submittal of
a complete development package. Additional information or comments may be
necessary based upon a more thorough analysis during the development review
process.
I Planning Division - (909) 839-7033, Linda Smith
A. Complete Items - Additional information that must be submitted prior to
finding the application complete.
1. Sections as required from the July 17th letter:
a'. Provide sections for all elevations (see redline, too);
b. Provide screening detail and elevation for the AC .units and
the height and detail of the AC Units, too;
C. Indicate the depth of the roof, to the top of the mansard ridge
and label accordingly.
2. Provide in writing information reRarding future co -location
capabilities as requested in the July 17t letter.
B. Technical Issues - The following preliminary technical issues are minimum
code requirements which must be . satisfied before the project can be
recommended for approval to the Planning Commission. It is
recommended that these issues be addressed in the revised plans.
1. Based upon the October 4th Mansard Roofing Detail the transparent
material includes the building's fagade, too. Provide material
specifications. Is this stucco?
2. What is the intent for the sign location of the building over the suite
Cingular will use?
C. Design Issues - The following are preliminary design issues that are
recommended to be addressed in the revised plans.
1. The plans do not provide enough detail that this rooftop installation
is stealth from all elevations.
Plans
Indicate the height of any existing or proposed new support
Provide_ sections for all elevations
provide a detail and _sectiono the antenna
Prn;ntPr n- m ntinncie+ail
Provide screening detail for the AC units and the height and
detail ofAC units
Provide
Ind—icate the depth of the roof to top ofridgeon the plans and
bel accordingly
Master Plan A master plan showing existing wireless
telecommunications antenna facilities sites within the city that are
owned or operated by the applicant (DBMC 22.42.130(g)(5)(d).
Photographic Simulations Provide photographic simulations of
all. elevations including from the apartment complex. Staff is
concerned that the antenna will be seen from the higher elevation.
Engineering Documentation Provide detailed engineering
calculations for foundation and wind loads, plus documentation
that the electromagnetic fields from the proposed wireless
telecommunications antenna facility will be within the limits
approved by the. FCC (DBMC 22.42.130(g)(5)(f)
Co -Location Provide in writing information regarding future co -
location capabilities
3. The design issues which require clarification in the application
submittal.
Provide a sample of transparent material, specifications, and
indicate on the plans the square feet of the re -placement area.
Staff is concerned about replacement materials fading like those
installed at 1200 Grand Avenue (Vineyard Bank Building).
l cin ular
P E raising the bar...ill°'
CITY U' I'i;'+,gt''1L), L PAR
CCii i
Cingular Wireless 2005 DEC -1 PIS 1 29
c/o MM Titan, Inc.
12900 Park Plaza Drive, 6t° Floor.
Cerritos, CA 90703
November 28, 2005
Linda Kay Smith
City of Diamond Bar
Development Services
21825 Copley Drive
Diamond Bar, CA 91765
Subject: Resubmittal #2 for Conditional Use Permit No. 2005-04, Development Review No. 2005-23 (Cingular
Wireless site #LSANCA3086) located at 1155 South Diamond Bar Blvd
Dear Ms. Smith,
This is a revised submittal to establish a wireless communications facility at 1155 South Diamond Bar Blvd for
Cingular Wireless. The following is being submitted to respond to your comments per your letter dated November 2,
2005 below,
A. Complete Items
1. from 7/17 letter:
a. all elevations are shown on enclosed plans
b. Screening detail is included on the drawings, includingthe A/C unit detail. '
c. The mansard roof detail is included on the drawings.
2. As indicated before, other carriers can collocate on this rooftop with Cingular Wireless. They would be required to
obtain a lease agreement with the property owner and the zoning process with the City of Diamond Bar. Please let me
know what further information you would require about colocation at this site.
B. Technical Issues
1. Yes, the building's fagade will be stucco, matching the existing. This can be found on the mansard detail section.
2. There is no intent for signage at this location. This is not a retail store, it is just a communication facility. The
landlord is also not requiring any signage at this location.
C. Desigg Issue
L The enose n ans-shoul ou etatl at this point to show the stealth from all elevation) I have
submitted photos previously as well to show that there will not be anything visible with this ins a ton. If the
planning division is still not confident that the antennas or equipment will not be seen, perhaps I can suggest including
a condition that if the anything is visible, the site needs to be fixed or removed.
Upon reviewing the enclosed please let me know when the Development Review can be scheduled in order for this
project to proceed.
Please feel free to call me with any questions at 949-244-5633. I look forward to hearing from you soon. Thank you
for your time and consideration.
DanielleB( A6denburg
Project Manager, Site acquisition
City of Diamond Bar
21825 Copley Drive • Diamond Bar, CA 91765-4178
909) 839-7000 • Fax (909) 861-3117
www.cityofDiamondBar.com
January 12, 2006 VIA CERTIFIED MAIL
V
Diamond Bar Town Center, LLC Cingular Wireless
C/O Pacific West Asset Management C/O MMI Titan -Danielle Brandenburg
3191-D Airport Loop Drive 12900 5 h Floor -Park Plaza Drive
Costa Mesa, CA 92626 Cerritos, CA 90703
RE: Conditional Use Permit No. 2005-04/Development Review No. 2005-23 for the property
located at 1155 Diamond Bar Boulevard, Diamond Bar
Dear Applicants:
The Diamond Bar Planning Commission approved the above referenced project at their meeting
January 10, 2006. The City sincerely hopes that the review process has been a positive experience for
you. A Planning Commission Resolution No. 2006-05 certified copy and the Affidavit of Acceptance
for this Resolution are enclosed. Please sign and notarize the Affidavit of Acceptance and return it to
the Planning Division at the above address.
The enclosed project log indicates your account has a positive balance. Based upon any remaining
Carol Herrera monies in the fund, staff will prepare a refund when the certificate of occupancy is issued.
Mayor
Bob zirbes Your next steps are to prepare and submit your structural plans to our Building and Safety Division for
Mayor Pro Tem plan check. If you submit prior to the ten (10) day appeal period, the submittal is at your risk.
Wen P. Chang Should you have any questions, you may contact me at (909) 839-7033, or Building and Safety at
Council Member (909) 839-7020. The counter hours are Monday - Thursday, 7:30 a.m. — 5:30 p.m. and Friday 7:30
Jack Tanaka
a.m. — 4:30 p.m.
Council Member
Sincerely,
Steve Tye
Council Member
r
Linda Kay Smith
Development Services Associate
Enclosures
cc: Nancy Fong, Interim Community Development Director
David G. Liu, Director of Public Works
Dennis Tarango, Building Official.
Recycled paper
0
a
I , February 2004
3. Service Type
U S
certified Mail Express Mail' ". I
TIFIEDCER/
RECTEIPt _Perovtded)U
Insured Mail
yMAILT,
Dourest .Mail Onl, No InsuranceiCoverag 4
tour®,
information vts,t our`website,atwww4usps
Fordel,yery;_ _ r
i
r t
I , February 2004
3. Service Type ff
certified Mail Express Mail' ". I
Registered Return Receipt for Merchandise 1
Insured Mail C.O.D.
I
4. Restricted Delivery? (Extra Fee) Yes
1000 2136 0231
102595-02-M-1540
Domestic Return Receipt
4
e,
e •
2, and 3. Also comp tete
A. Signature Agent I
Addressee I
Complete items 1, is Comp is desired.
item 4 if. Restricted Deliveryandaddress on the reverse
X
B. Received by
Printed Name) C. Date of Delivery
Print your namesothatwecan return the card to you• the backthe mailpiece, p Yes i
from Iterrrl7
Attach this card to
the front if space p t D Is delivery address
different No I
delivery. address below: or on If YES, enter
1. Article Addressed
t/o
t / v n
Cid P
lq l O r
3 jqI/l d 2-6 J o
t'SU fir'
3. Service Type Ex cess Mail
I
r_3 Certified Mail " P for Merchandise IIt
O C2 S A
I] Registered
Return Receipt
C.O.D. 3 Insured Mail Yes
15
F L S 3 ( 4. Restricted Delivery? Extra Fee)
oS
2, Article Number
transfer from service label)
Domestic
102595-02-M-1540
Return Receipt
PS Form 3811, February 2004
o ® 1 "
ru
USE
rn
ra
ft! Postage $
0 certified Fee
C3 Postmark
1-3 Return Receipt Fee Here
0 (Endorsement Required)
Q Restricted Delivery Fee
Cr (Endorsement Required)
M $
O Total Postage & Fees
r3
0 SentToplq,n,uj jsa, r cltv.1 .
S f _ !
Street, Apt. No.;
l f
L
or l O Box No. l r r --d t- G-- U--------------------------
C* tate Zll
C r/ 11)-esti `7 2G Lk
AFFIDAVIT OF ACCEPTANCE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
PLANNING COMMISSION RESOLUTION NO. 2006-05 related to Conditional Use
Permit No. 2005-04, Development Review No. 2005-03, for property located at
1155 Diamond Bar Blvd., Diamond Bar, CA
I] [WE] the undersigned state:
I am] [We are] the owner/applicant of the real property described in the above -numbered
Planning Commission Resolution.
I am] [We are] aware of, and accept, all the stated conditions in said Planning Commission
Resolution No. 2006-05.
1] [We] certify (or declare) under the penalty of perjury that the foregoing is true and
correct.
Where the owner and applicant are not the same, both must sign)
Type or Print
Applicant Name
Address
City, State
Signature
Owner Name
Address
City, State
Signature
This signature must be acknowledged by a notary public. Attach appropriate
acknowledgements.
CERTIFICATE OF MAILING
I, Stella Marquez, hereby certify that on Thursday, January 19, 2006, 1 mailed [a
copy/copies] of City of Diamond Bar Planning Commission Resolution No. 2006-05,
documenting the Commission's final decision made at the close of the hearing on Tuesday,
January 10, 2006, concerning the Conditional Use Permit and Development Review
applications of applicant, Diamond Bar town Center, LLC, via Pacific West Asset
Management, and Cingular Wireless, via MMI Titan, for the property located at
1155 Diamond Bar Blvd., Diamond Bar, CA, and that [a copy or copies] of the resolution
was/were] transmitted, by placing it/them in [a] sealed envelope(s) via prepaid Certified
Mail Receipt, addressed to the following and depositing [it/them] in the U.S. Mail:
Diamond Bar Town Center, LLC
c/o Pacific West Asset Management
3191-D Airport Loop Drive
Costa Mesa, CA 92626
Cingular Wireless
c/o MMI Titan -Daniel Brandenburg
12900 5th Floor -Park Plaza Drive
Cerritos, CA 90703
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed at Diamond Bar, California on January 19, 2005.
St6lla Marquez
Senior Administrative Assistant
Cingular Wireless
12900 Park Plaza Drive, 5h Floor.
Cerritos, CA 90703
June 2, 2006
City Manager
City of Diamond Bar
Planning Commission
21825 Copley Drive
Diamond Bar, CA 91765
909) 839-7000
Re: Cingular Wireless Site No. LSANCA0372
Dear City Manager:
t4 S
X cingular
raising the bar,mil'
General Order 159-A (GO -159-A) of the California Public Utilities Commission (CPUC)
requires cellular carriers to send a notification letter of a utility's intent to construct a cellular
facility to CPUC's Safety and Enforcement Division within 15 business days of receipt of all
requisite local land use approvals. The notification letter shall state that such approvals have
been received, or that no land use approvals are required.
As set forth in GO 159-A, copies of the notification letter are required to be served concurrently
by mail on the local governmental agency. Where the affected local governmental agency is a
city, service of the notification letter to the city shall consist of service of separate copies of the
notification letter upon the City Manager, the City Planning Director and the City Clerk. In
order to comply with these requirements, I have enclosed a copy of the notification letter for our
project within your city limits.
If you have any questions or require additional information, please call me at (562) 468-6153 or you can
contact my supervisor, Carol Nichols at 562-277-0939.
Sincerely,
Talonda Tillman
Compliance Analyst working on behalf of Cingular Wireless
Attachments
Xcingular
raising the bar,..dl"
Cingular Wireless
12900 Park Plaza Dr. 5h Floor
Cerritos, CA 90703
June 2, 2006
Attention: David Rowland
California Public Utilities Commission
Consumer Protection & Safety Division
505 Van Ness Avenue
San Francisco, CA 94102
Re: Cingular Wireless Site No. LSANCA0372
This letter is to provide the Commission with notice pursuant to the provisions of General Order No.
159A of the Public Utilities Commission of the State of California (CPUC) that with regard to the project
described in Attachment A:
a) The Commercial Mobile Radio Services Provider has obtained all requisite land
use approval for the project described in Attachment A.
b) That no land use approval is required because
c) Modification
A copy of this notification letter is also being provided to the appropriate local government agency for its
information. Should there be any questions regarding this project, or if you disagree with any of the
information contained herein, please contact me at emily.vaughan@cingular.com.
Sincerely,
Emily Vaugh - Man e , Real Estate & Construction
Cingular Wireless
1. Project Location:
Site Number:
Site Address:
County:
Location:
Assessor's Parcel Number:
2. Project Description:
Number of Antennas to be installed:
Tower Design:
Tower Appearance:
Tower Height:
Building Size(s):
x cingular
raising the bar,mil'
ATTACHMENT A
LSANCA0372
1155 S. Daimond Bar Blvd.
Diamond Bar, CA 91765.
Los Angeles
34-00-09.0
117-48-41.6
8713-031-010
12
Rooftop
4 antennas per sector, 3 sectors
31'
27' 4" x 14' 5"
3. Business addresses of all Local Government ASencies:
City of Diamond Bar
Nancy Fong
Planning Commission
21825 Copley Drive
Diamond Bar, CA 91765
909) 839-7000
4. Land use approval:
On January 10, 2006 the City of Diamond Bar approved Conditional Use Permit No. 2005-04 for
the installation, use, and maintenance of a Wireless Telecommunications Facility at 1155 S. Daimond Bar.
Blvd., Diamond Bar, CA 91765.
Cingular Wireless
12900 Park Plaza Drive, 5h Floor.
Cerritos, CA 90703
June 2, 2006
City Clerk
City of Diamond Bar
Planning Commission
21825 Copley Drive
Diamond Bar, CA 91765
909) 839-7000
Re: Cin2ular Wireless Site No. LSANCA0372
Dear City Clerk:
C singular
raising the bar,..dl'
fee,
y,
1
6
General Order 159-A (GO -159-A) of the California Public Utilities Commission (CPUC)
requires cellular carriers to send a notification letter of a utility's intent to construct a cellular
facility to CPUC's Safety and Enforcement Division within 15 business days of receipt of all
requisite local land use approvals. The notification letter shall state that such approvals have
been received, or that no land use approvals are required.
As set forth in GO 159-A, copies of the notification letter are required to be served concurrently
by mail on the local governmental agency. Where the affected local governmental agency is a
city, service of the notification letter to the city shall consist of service of separate copies of the
notification letter upon the City Manager, the City Planning Director and the City Clerk. In
order to comply with these requirements, I have enclosed a copy of the notification letter for our
project within your city limits.
If you\have any questions or require additional information, please call me at (562) 468-6153 or you can
contact my supervisor, Carol Nichols at 562-277-0939.
Sincerely,
Talonda Tillman
Compliance Analyst working on behalf of Cingular Wireless
Attachments
X cingular
raising the bar, .4 "
Cingular Wireless
12900 Park Plaza Dr. 5'' Floor
Cerritos, CA 90703
June 2, 2006
Attention: David Rowland
California Public Utilities Commission
Consumer Protection & Safety Division
505 Van Ness Avenue
San Francisco, CA 94102
Re: Cingular Wireless Site No. LSANCA0372
This letter is to provide the Commission with notice pursuant to the provisions of General Order No.
159A of the Public Utilities Commission of the State of California (CPUC) that with regard to the project
described in Attachment A:
a) The Commercial Mobile Radio Services Provider has obtained all requisite land
use approval for the project described in Attachment A.
b) That no land use approval is required because
c) Modification
A copy of this notification letter is also being provided to the appropriate local government agency for its
information. Should there be any questions regarding this project, or if you disagree with any of the
information contained herein, please contact me at emily.vaughan@cingular.com.
Sincerely,
Emily Vaugha - Manag , Real Estate & Construction
Cingular Wireless
xangular
raising the bar,ml°"
ATTACHMENT A
1. Proiect Location:
Site Number: LSANCA0372
Site Address: 1155 S. Daimond Bar Blvd.
Diamond Bar, CA 91765.
County: Los Angeles
Location: 34-00-09.0
117-48-41.6
Assessor's Parcel Number: 8713-031-010
2. Prosect Description:
Number of Antennas to be installed: 12
Tower Design: Rooftop
Tower Appearance: 4 antennas per sector, 3 sectors
Tower Height: 31'
Building Size(s): 27'4" x 14' 5"
3. Business addresses of all Local Government Asencies:
City of Diamond Bar
Nancy Fong
Planning Commission
21825 Copley Drive
Diamond Bar, CA 91765
909) 839-7000
4. Land use approval:
On January 10, 2006 the City of Diamond Bar approved Conditional Use Permit No. 2005-04 for
the installation, use, and maintenance of a Wireless Telecommunications Facility at 1155 S. Daimond Bar
Blvd., Diamond Bar, CA 91765.
Cingular Wireless
12900 Park Plaza Drive, 5° Floor.
Cerritos, CA 90703
Xcingular ..
raising the ba dl`
j.
LP
June 2, 2006
City Planning Director
City of Diamond Bar
Planning Commission.
21825 Copley Drive
Diamond Bar, CA 91765
909) 839-7000
Re: Cingular Wireless Site No. LSANCA0372
Dear City Planning Director:
General Order 159-A (GO -159-A) of the California Public Utilities Commission (CPUC)
requires cellular carriers_ to send a notification letter of a utility's intent to construct a cellular
facility to CPUC's Safety and Enforcement Division within 15 business days of receipt of all
requisite local land use approvals. The notification letter shall state that such approvals have
been received, or that no land use approvals are required.
As set forth in GO 159-A, copies of the notification letter are required to be served concurrently
by mail on the local governmental agency. Where the affected local governmental agency is a
city, service of the notification letter to the city shall consist of service of separate copies of the
notification letter upon the City Manager, the City Planning Director and the City Clerk. In
order to comply with these requirements, I have enclosed a copy of the notification letter for our
project within your city limits.
If you have any questions or require additional information, please call me at (562) 468-6153 or you can
contact my supervisor, Carol Nichols at 562-277-0939.
Sincerely,
Talonda Tillman
Compliance Analyst working on behalf of Cingular Wireless
Attachments
X cingular
raising the bar..mi "
Cingular Wireless
12900 Park Plaza Dr. 5h Floor
Cerritos, CA 90703
June 2, 2006
Attention: David Rowland
California Public Utilities Commission
Consumer Protection & Safety Division
505 Van Ness Avenue
San Francisco, CA 94102
Re: Cingular Wireless Site No. LSANCA0372
This letter is to provide the Commission with notice pursuant to the provisions of General Order No.
159A of the Public Utilities Commission of the State of California (CPUC) that with regard to the project
described in Attachment A:
a) The Commercial Mobile Radio Services Provider has obtained all requisite land
use approval for the project described in Attachment A.
b) That no land use approval is required because
c) Modification
A copy of this notification letter is also being provided to the appropriate local government agency for its
information. Should there be any questions regarding this project, or if you disagree with any of the
information contained herein, please contact me at emily.vaughan@cingular.com.
Sincerely,
Emily Vaug an - Man r, Real Estate & Construction
Cingular Wireless
1. Proiect Location:
Site Number:
Site Address:
County:
Location:
Assessor's Parcel Number:
2. Proiect Description:
Number of Antennas to be installed:
Tower Design:
Tower Appearance:
Tower Height:
Building Size(s):
X cingular
raising the bar,aill"
ATTACHMENT A
LSANCA0372
1155 S. Daimond Bar Blvd.
Diamond Bar, CA 91765.
Los Angeles
34-00-09.0
117-48-41.6
8713-031-010
12
Rooftop
4 antennas per sector, 3 sectors
31'
27' 4" x 14' 5"
3. Business addresses of all Local Government Agencies:
City of Diamond Bar
Nancy Fong
Planning Commission
21825 Copley Drive
Diamond Bar, CA 91765
909) 839-7000
4. Land use approval:
On January 10, 2006 the City of Diamond Bar approved Conditional Use Permit No. 2005-04 for
the installation, use, and maintenance of a Wireless Telecommunications Facility at 1155 S. Daimond Bar
Blvd., Diamond Bar, CA 91765.
Sanctity of Contract
STEWART TITLE OF CALIFORNIA, INC.
ORANGE COUNTY DIVISION
180 NORTH RIVERVIEW DR., SUITE 100
ANAHEIM, CA 92808
714) 685-2320 Ext: 268 www.stewarttitle.com
MEMBER CALIFORNIA LAND TITLE ASSOCIATION
Property Address: 1155 South Diamond Bar Boulevard, Diamond Bar, CA
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded
from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list
Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may
not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance
of a policy of title insurance a binder or commitment should be requested.
Dated as of May 25, 2005 at 7:30 A.M.
Chris Maziar, Wireless Services
714) 685-2320 Ext: 268 Fax: (714) 242-9885
E-MAIL: cmaziar@stewart.com
PRELIMINARY REPORT C,C-,
c_
U
MMI Titan Inc._
12900 Park Plaza Mrri
Cerritos, CA 90803
Attn: Kelly A McDonough
4th J
1 ice]
Order Number: 98506813 Your Reference: LSANCA0372
Property Address: 1155 South Diamond Bar Boulevard, Diamond Bar, CA
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded
from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list
Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may
not list all liens, defects, and encumbrances affecting title to the land.
This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance
of a policy of title insurance a binder or commitment should be requested.
Dated as of May 25, 2005 at 7:30 A.M.
Chris Maziar, Wireless Services
714) 685-2320 Ext: 268 Fax: (714) 242-9885
E-MAIL: cmaziar@stewart.com
PRELIMINARY REPORT
98506813
The form of Policy of Title Insurance contemplated by this report is:
Preliminary Title Report
The estate or int
to covered by thi
A Fee
Title to said est
Diamond Bar Town
company
LEGAL DESCRIPTION
O
98506813
The land referred to herein is situated in the State of California,
County of Los Angeles, described as follows:
Parcel A:
Parcel 1 of Parcel Map 17337, in the City of Diamond Bar,
County of Los Angeles, State of California, as per map filed in
Book 186 Pages 43 and 44 of Parcel Maps, In the office of the
county recorder of said county.
Except therefrom. all oil, gas and.other hydrocarbon and
minerals now or at any time hereafter situated therein and
thereunder, together with exclusive right to drill for, produce,
extract, take and mine therefrom, such oil, gas and other
hydrocarbons and minerals and to store the same upon the
surface of said land, or below the surface of said land,
together with the right to store upon the surface of said land,
oil, gas and other hydrocarbons and minerals which may be
produced from other lands, with the right of entry thereon for
said purposes, and with the right to construct, use, maintain,
erect, repair, replace and remove thereon and therefrom, all
pipe lines, telephone and telegraph lines, tanks, machinery,
buildings and other structures, which may be necessary and
requisite to carry on operations on said land, with all
necessary appurtenances for the extraction of gasoline from
gas, including all rights, necessary or convenient thereto as
reserved in deed from Transamerica Development Company, a
corporation, recorded March 29, 1968 in Book D-3955 Page 185 of
Official.Records and re-recorded June 19, 1969 in Book D-4407
Page 591, of Official Records, and as modified by Quitclaim
Deed, recorded June 12, 1980 as Instrument No. 80-569565, which
relinquished all rights to the use of the surface and
subsurface to a depth of 500 feet from the surface of said land.
Parcel B:
A non-exclusive easements over the common area of Parcel 1 of
Parcel Map 16890, as per map filed in Book 180 Pages 74 .and 75
of Parcel Maps, in the office of the county recorder of said
county, for parking vehicles; vehicular and pedestrian traffic
and incidental purposes, as contained in a document entitled
Reciprocal Easement Agreement recorded December 4, 1985 as
Instrument No. 85-1428475 of Official Records.
Parcel C:
A non-exclusive easement over the parking areas, driveways and
Continued on next page
2-
98506813
service areas within the common area of Parcel 3 of Parcel Map
16890, as per map filed in Book 180 Pages 74 and 75 of Parcel
Maps, in the office of the county recorder of said county, for
the purposes of unobstructed pedestrian and .vehicular use and
passage and parking of motor vehicles, as contained In a
document entitled Reciprocal Easement and Development
Agreement, recorded March 26, 1986 as Instrument No. 86- 372095
of Official Records.
Parcel D:
A non-exclusive easement over the parking areas, driveways and
service areas within the common area of Parcel 2 of Parcel Map
17337, as per map filed in Book 186 Pages 43 and 44 of Parcel
Maps, in the office of the county recorder of said county, for
the purpose of unobstructed pedestrian and vehicular use and
passage and parking of motor vehicles and utilities as contained
in a document entitled Declaration of Covenants, Conditions and
Restrictions and Grant of Easement recorded June 6, 1986 as
Instrument No. 86-711603 of Official Records.
End of Legal Description
Continued on next page
3-
98506813
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the
printed exceptions and exclusions contained in said policy or
policies would be as follows:
A. Property taxes including any assessments collected with
taxes, to be levied for the fiscal year 2005-2006, which are a
lien not yet payable.
B. General and Special City and/or County taxes, including any
personal property taxes and any assessments collected with
taxes, for the fiscal year 2004-2005:
1st Installment $22,362.65, Paid
2nd Installment $22,362.63, Paid
Parcel No. 8717-031-010
C. The lien of supplemental taxes, if any, assessed pursuant to
the provisions of Chapter 3.5 (commencing with Section 75) of
the Revenue and Taxation Code of the State of California.
D. Assessments, if any, for community facility districts
affecting said land which may exist by virtue of assessment
maps or notices filed by said districts. Said assessments are
collected with the County Taxes.
1. Water rights, claims or title to water in or under said
land, whether or not shown by the public records.
2. Any rights of the parties in possession of said land, based
on an unrecorded lease, or leases.
3. Covenants, conditions, and restrictions, but omitted any
covenant, condition or restriction, if any, based on race,
color, religion, sex, handicap, familial status or national
origin unless and only to the extent that the covenant,
condition or restriction; (a) is exempt under Title 42 of the
United States Code; or (b) relates to handicap, but does not
discriminate against handicapped persons, as set forth in an
instrument recorded June 12, 1980 as Instrument No. 80-569566,
Official Records.
Section 12956.1 of the Government Code provides the following:
If this document contains any restrictions based on race,
color, religion, sex, familial status, marital status,
disability, national origin or ancestry that restriction
Violates state and federal fair housing laws and is void, and
Continued on next page
4-
C J
98506813
may be removed pursuant to Section 12956.1 of the Government
Code. Lawful restrictions under state and federal law on age of
occupants in senior housing or housing for older persons shall
not be construed as restrictions based on familial status.
Said covenants, conditions, and restrictions provide that a
violation thereof shall not defeat or render invalid the lien
of any mortgage or deed of trust made in good faith and for
value.
4. Any instrument which among other things provides that the
lot owners in said subdivision shall not,interfere with the
established drainage of said subdivision:
Recorded June 12, 1980
Instrument No. 1 80-569566, official records
5. An easement for the purpose shown below and rights
incidental thereto as set forth in a document:
Purpose vehicular and pedestrian ingress and egress
Recorded December 31, 1981 as Instrument No. 81-1283897,
official records
Affects portion of said land
6. Covenants, conditions, and restrictions, but omitted any
covenant, condition or restriction, if any, based on race,
color, religion, sex, handicap, familial status or national
origin unless and only to the extent that the covenant,
condition or.restriction; (a) is exempt under Title 42 of the
United States Code; or (b) relates to handicap, but does not
discriminate against handicapped persons, as set forth in an
instrument recorded December 31, 1981 as Instrument No.
81-1283897, Official Records.
Section 12956.1 of the Government Code provides the following:
If this document contains any restrictions based on race,
color, religion, sex, familial status, marital status,
disability, national origin or ancestry that restriction
violates state and federal fair housing laws and is void, and
may be removed pursuant to Section 12956.1 of the Government
Code. Lawful restrictions under state and federal law on age of
occupants in senior housing or housing for older persons shall
not be construed as restrictions based on familial status.
Said covenants, conditions, and restrictions provide that a
violation thereof shall not defeat or render invalid the lien
of any mortgage or deed of trust made in good faith and for
value.
7. The terms and provisions contained in the document entitled
Development Agreement" recorded May 24, 1982 as Instrument No.
Continued on next page
5-
98506813
82-531891 of Official Records.
8. An easement for the purpose shown below and rights
incidental thereto as set forth in a document:
Purpose public utilities
Recorded July 19, 1985 as Instrument No. 85-830125,
official records
Affects portion of said land
9. Covenants, conditions, and restrictions, but omitted any
covenant, condition or restriction, if any, based on race,
color, religion, sex, handicap, familial status or national
origin unless and only to the extent that the covenant,
condition or restriction; (a) is exempt under Title 42 of the
United States Code; or (b) relates .to handicap, but does not
discriminate against handicapped persons, as set forth in an
instrument recorded July 19, 1985 as Instrument No. 85-830125,
Official Records.
Section 12956.1 of the Government Code provides the following:
If this document contains any restrictions based on race,
color, religion, sex, familial status, marital status,
disability, national origin or ancestry that restriction
violates state and federal fair housing laws and is void, and
may be removed pursuant to Section 12956.1 of the Government
Code. Lawful restrictions under state and federal law on age of
occupants in senior housing or housing for older persons shall
not be construed as restrictions based on familial status.
10. An easement for the purpose shown below and rights
incidental thereto as set forth in a document:
Purpose public utilities
Recorded December 4, 1985 as Instrument No..85-1428475,
official records
Affects portion of said land
11. Covenants, conditions, and restrictions, but omitted any
covenant, condition or restriction, if any, based on race,
color, religion, sex, handicap, familial status or national
origin unless and only to the extent that the covenant,
condition or restriction; (a) is exempt under Title 42 of the
United States Code; or (b) relates to handicap, but does not
discriminate against handicapped persons, as set forth in an
instrument recorded,December 4, 1985 as Instrument No.
85-1428475, Official Records.
Section 12956.1 of the Government Code provides the following:
If this document contains any restrictions based on race,
color, religion, sex, familial status, marital status,
disability, national origin or ancestry that restriction
Continued on next page
6-
0
98506813
violates state and federal fair housing laws and is void, and
may be removed pursuant to Section 12956.1 of the Government
Code. Lawful restrictions under state and federal law on age of
occupants in senior housing or housing for older persons shall
not be construed as restrictions based on familial status.
12. An easement for the purpose shown below and rights
incidental thereto as set forth in a document:
Purpose public utilities
Recorded December 30, 1985 as Instrument No. 85-1534502,
official records
Affects portion of said land
13. An easement for the purpose shown below and rights
incidental thereto as set forth in a document:
Purpose public utilities
Recorded February 26, 1986 as Instrument No. 86-249775,
official records
Affects portion of said land
14. An easement for the purpose shown below and rights
incidental thereto as set forth in a document:
Purpose public utilities
Recorded March 26, 1986 as Instrument No. 86-372095,
official records
Affects portion of said land
Reference is made to said document for full particulars.
15. Covenants, conditions, and restrictions, but omitted any
covenant, condition or restriction, if any, based on race,
color, religion, sex, handicap, familial status or national
origin unless and only to the extent that the covenant,
condition or restriction; (a) is exempt under Title 42 of the
United States Code; or (b) relates to handicap, but does not
discriminate against handicapped persons, as set forth in an
instrument recorded March 26, 1986 as Instrument No. 86-372095,
Official Records.
Section 12956.1 of the Government Code provides the following:
If this document contains any restrictions based on race,
color, religion, sex, familial status, marital status,
disability, national origin or ancestry that restriction
violates state and federal fair housing -laws and is void, and
may be removed pursuant to Section 12956.1 of the Government
Code. Lawful restrictions under state and federal law on age of
occupants in senior housing or housing for older persons shall
not be construed as restrictions based on familial status.
Said covenants, conditions, and restrictions provide that a
Continued on next page
7-
0
98506813
violation thereof shall not defeat or render invalid.the lien
of any mortgage or deed of trust made in good faith and for
value.
16. The terms and provisions contained in the document entitled
Memorandum of Development Agreement" recorded July 30, 1986 as
Instrument No. 86-971140 of Official Records.
17. The terms and provisions contained in the document
entitled "Easement Agreement" recorded May 19, 1987 as
Instrument No. 87-788549 of Official Records.
18. The terms and provisions contained in the document entitled
Encroachment Agreement" recorded December 3, 1987 as
Instrument No. 87-1902800 of Official Records.
19. A document entitled "Covenant and Environmental
Restriction on Property" recorded May 23, 2003 as Instrument
No. 03-1488346 of Official Records.
20. A Deed of T2
shown below, and
Dated
Amount
Trustor
Trustee
Beneficiary
Recorded
Instrument No.
ust to secure an indebtedness in the amount
any other obligations secured thereby
August 14, 2003
3,500,000.00
Diamond Bar Town Center, LLC
California Reconveyance Company
Washington Mutual Bank, F.A.
September 03, 2003
03-2557006, Official Records
21. An Assignment of Leases and Rents as additional security
for the payment of the indebtedness secured by the above Deed
of Trust which assignment was:
Executed By Diamond Bar Town Center, LLC
To Washington Mutual Bank, F.A.
Recorded September 3, 2003
Instrument No. 03-2557007, official records
22. Terms and provisions of an unrecorded agreement, executed
by Diamond Bar Town Center and Pacific West Asset Management
Corporation, as disclosed in a document entitled "Subordination
of Management Agreement and Fees" recorded September 3, 2003 as
Instrument No. 2557008, Official Records.
Said Agreement was subordinated to the Deed of Trust referred
to in Item No. 20 by a document recorded September 3, 2003 as
Instrument No. 2557008, Official Records.
23. This report is being issued at the request of the client
and is not in response to a request for title insurance.
Continued on next page
8-
0
98506813
Therefor all references to title insurance in the printed
matter of this report or attached hereto is hereby cancelled.
All liability assumed hereby is strictly limited to the amount
of the fee paid by the client named herein. Any other parties
using the information contained herein, do so at their own risk.
END OF EXCEPTIONS
Continued on next page
9-
None
NOTES
10-
0
Y.LYi7:Y iie?
Continued on next page
98506813
CALIFORNIA "GOOD FUNDS" LAW
California Insurance Code Section 12413.1 regulates the disbursement
of escrow and sub -escrow funds by title companies. The law requires
that funds be deposited in the title company escrow account and
available prior to disbursement. Funds received by Stewart Title of
California, Inc. (Stewart Title) via wire transfer may be disbursed
upon receipt. Funds received via cashier's checks or teller checks
drawn on a California Bank may be disbursed on the next business day
after the day of deposit. If funds are received.by any other means,
recording.and/or disbursement may be delayed, and you should ,contact
your title or escrow officer. All escrow and sub -escrow funds
received will -be deposited with other escrow funds in one or more
non-interest bearing escrow accounts in a financial institution
selected by Stewart Title. Stewart Title may recieve certain direct
or indirect benefits from the financial institution by reason of the
deposit of such funds or the maintenance of such accounts with the
financial institution, and Stewart Title shall have no obligation to
account to the depositing party in any manner for the value of, or
pay to such party, any benefit received by Stewart Title. Such
benefits shall be deemed additional compensation to Stewart Title
for its services in connection with the escrow or sub -escrow.
11-