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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING - CONDITIONAL USE PERMIT
NCS: PL 2014-86 TO ALLOW THE INSTALLATION OF A NEIN WIRELESS
TELECOMMUNICATIONS FACILITY CONSISTING OF SIX PANEL
ANTENNAS, 12 REMOTE RADIO UNITS, AND TWO SURGE
PROTECTORS ON A REPLACEMENT WOOD UTILITY POLE AND
ASSOCIATED EQUIPMENT IN THE PUBLIC RIGHT-OF-WAY IN CLOSE
PROXIMITY TO 3000 BREA CANYON CUTOFF ROAD.
A. RECITALS
The applicant, Peter Hilger, Cable Engineering Services, representing
AT&T, has filed an application for a Conditional Use Permit No. PL 2014-86
to allow the installation of a new wireless telecommunications facility
consisting of six panel antennas, 12 remote radio units, and two surge
protectors on a replacement wood utility pole and associated equipment in
the public right-of-way in close proximity to 3000 Brea Canyon Cutoff Road,
Diamond Bar, County of Los Angeles, California. Hereinafter in this
Resolution, the subject Conditional Use Permit shall collectively be referred
to as the "Project."
2. The subject site is located in the public right-of-way, in close proximity to
3000 Brea Canyon Cutoff Road.
3. On October 3, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On September 30, 2014, public hearing notices were
mailed to property owners within a 500 -foot radius of the Project site. Public
notices were posted at the City's designated community posting sites on
October 3, 2014. In addition to the .published and mailed notices, the
Project site was posted with a display board and the notice was posted at
three other locations within the project vicinity.
4. On October 14, 2014, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
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;
C.
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15303
(new construction of small structure) of the CEQA Guidelines. Therefore,
no further environmental review is required.
FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.58 and 22.42.130, this
Planning Commission hereby finds as follows:
CONDITIONAL USE PERMIT DBMC SECTION 22.58
1. 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 this Development Code and the Municipal Code.
Pursuant to DBMC Section 22.08.030 Table 2-3, wireless tele-
communications facilities are allowed in the ROW and RL zoning district. In
addition, antennas attached to a utility pole comply with factors considered
in approving wireless telecommunications antenna facilities pursuant to
DBMC Section 22.42.130 (G.6.F.2).
2. The proposed use is consistent with the general plan and any applicable
specific plan.
The site is proposed in the public right-of-way. The proposed use is
consistent with the General Plan Land Use Goal 2, Strategy 2.2.3: "Where
land uses of significantly different intensity or use are planned adjacent to
each other, ensure that individual site designs and operations are managed
in such a manner as to avoid the creation of nuisances and hazards. "
The proposed facility meets Strategy 2.2.3 because it will not create a new
source of noise and will generate a very minimal amount of traffic by
infrequent maintenance visits. The antennas, RRUs, and ancillary
equipment will be affixed to a new 4T--6" high utility pole and painted to
match the color of the pole; and shall be a noncorrosive nonmetallic finish
that is not conducive to reflection or glare. The ground mounted equipment
cabinets, located on the opposite side of the street of the replaced utility
pole, will be located on the outer edge (street side) of the sidewalk to provide
a continuous pedestrian path of travel along the sidewalk. Therefore, the
proposed facility will have no adverse effects in the surrounding area.
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Planning Commission Resolution No 2014-27
The site is not subject to the provisions of any specific plan.
3. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity.
Since private property abutting both sides of the public right-of-way contain
site constraints with existing drainage channels on the east side and steep
topography leading to a retention basin on the west side, the proposed
facility consisting of panel antennas, remote radio units, and surge
protectors mounted on a replacement wood utility pole on east side of the
street and above ground mounted equipment cabinets on the west side of
the street, respectively, is the only feasible option. The east side of the
street is infeasible to locate ground -mounted equipment due to the sidewalk
width and location of the rail fence, which does not allow for the minimum
four -foot wide Americans with Disability Act (ADA) accessible pedestrian
path of travel. The location of the ground -mounted equipment cabinets
across the street allows for the ADA accessible pedestrian path of travel to
be continuous along the sidewalk.
The proposed wireless telecommunications facility is unmanned and
operates 24 hours a day, seven days a week, with routine maintenance
visits, expected to be once a month. The designated utility vehicle parking
space to service the facility is proposed to be located on the south side of
E. Oak Crest Drive, in close proximity to Brea Canyon Cutoff Road to not
interfere with the high vehicular traffic volume on Brea Canyon Cutoff Road.
4. 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 subject site is physically suitable because the proposed wireless facility
will not interfere with pedestrian access. Mounting antennas or remote
radio units to a building or installing an artificial tree with the appropriate
height will not be suitable for the site since there are no similar structures in
the surrounding area and existing trees are low-lying street trees, and
therefore would not be compatible to the existing streetscape pattern. A
utility pole is the most appropriate location in the vicinity.
5. Granting the Conditional Use Permit will not be detrimental to the public
interest, health, safety, convenience or welfare, or materially 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 within the approved resolution, and the Building
and Safety Division and Public Works Departments, and Los Angeles
County Fire Department requirements. The referenced agencies through
the permit and inspection process will ensure that the proposed project is
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Planning Commission Resolution No 2014-27
not detrimental to the public health, safety or welfare or materially injurious
to the properties or improvements in the vicinity.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
A
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15303 (new construction of small structure) of the CEQA
Guidelines.
WIRELESS TELECOMMUNICATIONS FACILITIES (DBMC SECTION 22.42.130)
1. Environmental integration. To the extent which the proposed facility blends
into the surrounding environment and is architecturally integrated into a
concealing structure, taking into consideration alternative sites that are
available.
The proposed wireless facility is proposed to be mounted on a replacement
wood utility pole and ground -mounted equipment across the street. The
proposed design for the site is the least intrusive on the community since it
is being proposed on a replacement utility pole within the public right-of-
way. Moreover, there are no buildings or trees with an appropriate height
to allow the proposed wireless facility to blend in with the surrounding area
as prescribed by Diamond Bar Municipal Code (DBMC) Section 22.42.130
(G. 6. F. 2).
In addition, the proposed location of the ground -mounted equipment
cabinets on the west side of the street is necessary to facilitate the use of
the antennas and RRUs, and simultaneously comply with the minimum
Americans with Disability Act (ADA) standards by providing a four -foot _
pedestrian path of travel on the sidewalk. The east side of the street is
infeasible to locate ground -mounted equipment due to the sidewalk width
and location of the rail fence, which does not allow for the minimum four -
foot wide ADA accessible pedestrian path of travel. The location of the
ground -mounted equipment cabinets on the opposite side of the street
allows for the ADA accessible pedestrian path of travel to be continuous
along the sidewalk.
2. Screening: To the extent which the proposed facility is screened or
camouflaged by existing or proposed topography, vegetation, buildings or
other structures.
Camouflaging is provided by attaching the antennas, RRUs and ancillary
equipment to a replacement wood utility pole and painted to match the color
of the pole; and shall be a noncorrosive nonmetallic finish that is not
conducive to reflection or glare. The ground -mounted equipment cabinets
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Planning Commission ResoluVon No 2014-27
will be located in-between two existing low-lying street trees and is
conditioned to be painted dark green to blend with the backdrop.
The proposed wireless telecommunications facility will be mounted on a
replacement utility pole and is an acceptable design.
3. Size. The total size of the proposed facility, particularly in relation to
surrounding and supporting structures.
The proposed project consists of removing an existing 43'-6" high wood
utility pole and replacing it with a new 47'-6" high wood utility pole to facilitate
the installation of six panel antennas, 12 remote radio units (RRU's), and
two surge protectors. The antennas, RRUs, and surge protectors will be
mounted on two 12 -foot offset horizontal cross arms containing three panel
antennas, six RRUs and one surge protector per side. Each panel antenna
will contain two remote radio units. The top of the antennas will be at an
above ground height of approximately 33'40".
Additionally, related equipment cabinets are proposed to be located on the
sidewalk of the opposite side of the street. Three electrical cabinets will be
placed on a 3'-3" wide sunken slab on grade. The cabinets will be
approximately 48, 60, and 72 -inches in height, and will be placed on the
street side of the sidewalk to provide a continuous pedestrian path of travel.
4. Residential proximity. Proximity of the proposed facility to residential
structures and to the boundaries of residential districts.
The proposed wireless telecommunications facility is approximately
417 feet from the nearest residences. The designated utility vehicle parking
space to service the facility is proposed to be located on the south side of
E. Oak Crest Drive, in close proximity to Brea Canyon Cutoff Road.
However, routine maintenance visits once a month are not expected to have
adverse impacts in the neighborhood.
5. Access. Proposed ingress to and egress from the site of the proposed
facility_
Access to the proposed project is situated along Brea Canyon Cutoff Road.
However, the designated utility vehicle parking space to service the facility
is proposed to be located on the south side of E. Oak Crest Drive, in close
proximity to Brea Canyon Cutoff Road.
6, Location. The location of the proposed facility and the extent to which it
conforms to the following in order of preference — co -location or located at
a pre -approved location, attached to existing structure such as building,
communication tower, church steeple or utility pole or tower, and located in
industrial, business park or commercial zoning districts.
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Planning Commission Resolution No 2014-27
As previously mentioned, the proposed antennas and ancillary equipment
will be mounted to a new 47'-6" high wood utility pole and complies with
factors considered in approving a wireless telecommunications antenna
pursuant to DBMC Section 22.42.130 (G.6.F.2).
In addition, the location of the ground -mounted equipment cabinets on the
opposite (west) side of the street is the only conceivable feasible option.
The east side of the street is infeasible to locate ground -mounted equipment
due to the sidewalk width and location of the rail fence, which does not
maintain a minimum four -foot wide Americans with Disability Act (ADA)
accessible pedestrian path of travel. The location of the ground -mounted
equipment cabinets on the opposite side of the street allows for the ADA
accessible pedestrian path of travel to be continuous along the sidewalk.
Da CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application, subject to the following conditions and standard
conditions attached hereto and incorporated by reference:
Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
2. Applicant shall comply with all Federal, State; County, and City regulations.
3. Prior to submitting for building plan check, submit detailed engineering
calculations for foundation and wind loads, plus documentation that the
electromagnetic fields (EMFs) from the proposed wireless
telecommunications antenna facility will be within the limits approved by the
FCC.
4. All antennas, remote radio units, structural components, and other
apparatus shall be painted to match the utility pole and shall be a
noncorrosive nonmetallic finish that is not conducive to reflection or glare.
5. The equipment cabinets shall be painted dark green to blend in with the
backdrop.
6. The existing wireless telecommunications facility located approximately 540
feet to the southeast of the subject site shall be removed within five years
of the approval of this Conditional Use Permit. A $10,000 bond shall be
posted with the City of Diamond Bar as surety to guarantee the removal of
the existing wireless telecommunications facility.
7. In the event that the antennas become inoperable or cease to be used for
a period of six consecutive months, the applicant shall remove the
telecommunications facility within 90 -days of notification by the City.
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Planning Commission Resolution No 2014-27
8. All cables and wiring for the telecommunications facility shall be
underground.
9. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
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 the applicant, Peter Hilger, Cable Engineering Services,
10640 Sepulveda Blvd., Mission Hills, CA 91345.
APPROVED AND ADOPTED THIS 14TH DAY OF OCTOBER 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Fran ara ', C 'r,r an
1, Greg Gubman, PI ing 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 14{h day of October, 2014, by the following vote:
AYES: Commissioners: Low, Mahlke, Pirritano, VC/Lin, Chair/Farrago
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
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CUP No. PL2014-86
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2014-86
SUBJECT: To allow the installation of a new wireless telecommunications
facility consisting of six panel antennas 12 remote radio units
and two sure protectors on a new wood utility ole and related
equipment in the public right-of-way in close proximitv to 3000
Brea Canyon Cutoff Road
PROPERTY City of Diamond Bar
OWNER: 21810 Copley Dr.
Diamond Bar, CA 91765
APPLICANT: Peter Hil er Cable Engineering Services
10640 Sepulveda Blvd.
Mission Hills, CA 91345
LOCATION: Public Right -of -Way, in close proximity to 3000 Brea Canyon
Cutoff Road Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
The applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set-aside, void or annul, the approval of Conditional Use Permit No.
PL2014-86 brought within the time period provided by Government Code
Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
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Planning Commission Resolution No. 2014-27
#
COMMUNITY DEVELOPMENT DEPARTMENT
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N,lsm..
Ctllkl,
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL2014-86
SUBJECT: To allow the installation of a new wireless telecommunications
facility consisting of six panel antennas 12 remote radio units
and two sure protectors on a new wood utility ole and related
equipment in the public right-of-way in close proximitv to 3000
Brea Canyon Cutoff Road
PROPERTY City of Diamond Bar
OWNER: 21810 Copley Dr.
Diamond Bar, CA 91765
APPLICANT: Peter Hil er Cable Engineering Services
10640 Sepulveda Blvd.
Mission Hills, CA 91345
LOCATION: Public Right -of -Way, in close proximity to 3000 Brea Canyon
Cutoff Road Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
The applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set-aside, void or annul, the approval of Conditional Use Permit No.
PL2014-86 brought within the time period provided by Government Code
Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
8
Planning Commission Resolution No. 2014-27
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys' fees; incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City defendants. The City shall promptly notify the applicant of any,
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. PL2014-86, at the City of
Diamond Bar Community Development Department, their affidavit stating
that they are aware of and agree to accept all the conditions of this approval.
Further, this approval shall not be effective until the applicants pay
remaining City processing fees, school fees and fees for the review of
submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business License; and a zoning approval
for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2014-27, Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in the
construction/grading .activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, site plans and building elevations incorporating all
Conditions of Approval shall be submitted for Planning Division review and
approval.
6. Prior to .any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, .all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
9. The property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
10. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Pudic Works Department, and the Fire Department.
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Planning Commission Resolution No. 2094-27
B. FEESIDEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition,
the applicant shall pay all remaining prorated City project review and
processing fees prior to issuance of grading or building permit, whichever
comes first.
2_ Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
1. The approval of Conditional Use Permit No. PL2014-86 expires within two
years from the date of approval if the use has not been exercised as defined
per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). The
applicant may request in writing a one year time extension subject to DBMC
Section 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, collectively attached
referenced as site plans, floor plans, architectural elevations, and
landscape plans on file with the Planning Division, the conditions contained
herein, and the Development Code regulations.
2. All roof -mounted equipment shall be screened from public view.
3. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
4. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved 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 a duly permitted waste contractor, who has
been authorized by the City to provide collection, transportation, and
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Planning Commission Resolution No. 2014-27
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 used has obtained permits from the City of
Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of
this project.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. A clear accessible width of 48" shall be maintained for accessibility at the
sidewalk/walk area. The equipment area shall be flush with the sidewalk
area.
2. Barricades shall be provided and approved by Public Works for the
temporary closure of the sidewalk area due to construction proposed.
3. All equipment shall be appropriately anchored to resist lateral loads as
approved by Building and Safety through the plan review process before
permit issuance.
4. Construction activities causing the operation of any tools or equipment used
in construction, drilling, repair, alteration, or demolition work shall be
conducted Monday — Saturday between the hours of 7:00 a.m. and
7:00 p.m.
5. All structures and property shall be maintained in a safe and clean manner
during construction at all time. The property shall be free of debris, trash,
and weeds. All existing landscaping and structures shall be maintained and
returned to original state if damaged.
6. The 2013 California Building Code series will apply.
7. Structural design based on a soils report shall be submitted and approved
for plan check for the monopole design, unless deemed inapplicable by the
Community Development Director.
■ ■ � . •. �. ; � ` ', • � • ■' �. ■ T is
1. Applicant shall obtain a separate permit from the Public Works Department
for any work /construction within the Public R -O -W.
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Planning commission Resolution No. 2014-27
2. Construction of proposed facilities shall be in such to maintain min. four -foot
clear sidewalk at all -times, per ADA requirements.
I The proposed location of power, meter, and equipment cabinets shall not
obstruct Line -of -Sight.
117
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Planning Commission Resolution No, 2014-27