HomeMy WebLinkAbout7/24/1995MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
- JULY 24, 1995
CALL TO ORDER:
Chairman Flamenbaum called the meeting to order at 7:10 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive,) Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by Commissioner
Meyer.
ROLL CALL:
Present: Commissioners: Chairman Flamenbaum, Vice
Chairman Huff, Commissioners Meyer, Schad and
Fong.
Also Present: Community Development Director James
DeStefano; Assistant Planner Ann Lungu;
Consulting Engineer Mike Myers; Recording
Secretary Carol Dennis.
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MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of June 26, 1995.
VC/Huff stated that the motion on Page 7, Paragraph 5
should be corrected to indicate a vote of 3-0 so that
sentence reads: "The motion was approved 3-0 with the
following roll call:"
A motion was made by C/Meyer and seconded by C/Schad to
approve the minutes as corrected. The motion was
approved 4-0 with the following roll call:
AYES: COMMISSIONERS: Meyer, Schad, Fong,
VC/Huff
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Chair/Flamenbaum
ABSENT: COMMISSIONERS: None
OLD BUSINESS - None
NEW BUSINESS:
r 1. General Plan Conformity Report for Vacation of Right -of -
Way (Gona Court) Pursuant to Government Code §65402.
CD/Myers stated the City of Diamond Bar has received a
request from the Cross Keys Homeowners Association to
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July 24, 1995 Page 2 Planning Commission
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vacate Gona Court southerly from Golden Springs Drive to
its cul-de-sac approximately 425 feet southerly.
This property was dedicated to public use with the
recording of Tract No. 34157 and is fully improved.
There exists public utility, sanitary sewer and storm
drain facilities within the public right-of-way.
However, as the facilities exist it would be necessary,
should- the vacation be approved, that the property 'be
reserved for public utility and public' services
easements.
In accordance with Section 65402(a) of the Government
Code, no real property shall be disposed of or street
vacated until the Planning Commission reports on
conformity of the location, purpose and extent with the
General Pian.
Gona Court is not shown in.the Draft General Plan nor,on
the Master Plan of Highways as a primary or secondary
highway. The design and dedication of this street for
circulation purposes is for specific service to the
adjacent properties which are all members of the Cross.
Keys Homeowners Association.
CE/Myers continued that this proposed vacation appears to
be in conformance with the Draft General Plan. There is
little or no probability that taking this recommended
action would be detrimental to or interfere with any
future adopted General Plan.
Additional Section 892 of the Streets and Highways Code
requires that the City Council find that the right-of-way
is not useful as a non -motorized transportation facility
(bicycle, pedestrian or equestrian way). Gona Court is
not shown in the Draft General Plan to be planned nor
required for bicycle, pedestrian or equestrian use.
Therefore, the property is found:
• not to be required for general public access
or circulation;
• not to be any longer needed for the present
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nor for the prospective use of the general
public which use cannot be served by the
reservation of a public utility and public
services easement; and
• not to be useful as a non -motorized
transportation facility.
Pursuant to Section 15312 of the California Environmental
Quality Act (CEQA), this -matter is categorically exempt.
July 24, 1995 Page 3=', Planning Commission
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Staff recommends that the Planning Commission approve the
attached resolution finding and reporting that:
1) pursuant to Section 65402 of the Government Code,
the location, purpose and extent of the vacation of
this property is in conformance with the Draft
General Plan; and further recommending that,
2) as required by Section 892 of the Streets and
Highways Code, the City Council find that Gona
Court is not useful as a non -motorized
transportation facility.
A motion was made by C/Meyer and seconded by VC/Huff to
adopt the resolution.
Responding to Chair/Flamenbaum, CE/Myers stated that,
upon vacation, the maintenance for the public utilities
would be the public utility entities. The storm drains
would continue to be maintained by Los Angeles County
Flood Control District and the sewer would be maintained
by the Consolidated Sewer Maintenance District. There
are some Los Angeles County storm drains located in "The.
,I Country Estates". The City does not pay for the
maintenance of storm drains. The City does pay for the
1' maintenance of catch basins .and inlets as required under
the City's commitment to the National Pollutant Discharge
Elimination System (NPDES).
Chair/Flamenbaum stated he is concerned about the trend
toward the City giving up street right-of-ways. CE/Myers
responded that if the Planning Commission finds this
request to be in conformance with the General Plan, the
matter will proceed to the City Council in accordance
with other sections of the Government Code regarding
vacations of public right-of-ways. The matter is subject
to public notice, public hearing and deliberation by the
City Council. Chair/Flamenbaum indicated he does not see
a benefit to the City with respect to the vacation. In
addition, he questioned why the City would not vacate
every street and thereby save money on road repair.
CE/Myers responded that the City could save maintenance
and liability costs.
C/Meyer stated his reason for the motion to adopt the
resolution was that the resolution meets the criteria for
the Draft General Plan. He indicated that his
rt observation of Gona Court is that it has very little
public benefit. Currently, the City of Diamond Bar is
asked to maintain what is essentially a private street
with access only to the condominium development. The
benefit of vacation is reduced costs to the City and its
taxpayers.
July 24, 1995 Page 4 Planning commission
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Chair/Flamenbaum 'stated the next step after vacation of
this street will be the installation of a gate. He
further stated that, in his opinion, this is contrary to
the intent of the Draft General Plan.
C/Meyer stated that the least amount of property held by
a public entity is of benefit to the community because
the', City doe's not have to maintain the property, the
liability is reduced'and the property is taxable.
VC/Huff stated he agrees with C%Meyer-that Gona Court is
surrounded by the condominium project. He indicated he
sees no benefit for the City to retain the street. He
further stated he is not -'prepared to propose the -
privatization of all streets. In addition, he stated
that a request for 'a gate at the street entrance would be
a separate ,,consideration by the City.
Chair/Flamenbaum stated that while he does not have a
problem with vacating Gona Court, he does not agree that
this resolution conforms with the intent of the Draft
General Plan. He indicated he is concerned with the
trend.
C/Meyer stated that upon approval' of vacation of Gona
Court, he would favor amendments .to the Cross Keys
Homeowners Association CC&R's to insure the proper
maintenance of the property.
CE/Myers responded that the complex has other streets
which have been well maintained. The Cross Keys
Homeowners Association CC&R's have been reviewed by the
Department of Real Estate. The vacation will result in
amendments to the CC&Rfs and the budget.
CE/Myers responded to C/Schad that the public services
easements will remain with the street. The lighting
system, upon vacation of the property, will be taken out
of the Street Lighting Maintenance District and the cost
for power and maintenance of the light poles will become
the responsibility of the homeowners association. The
current infrastructure will not be disturbed. The
lighting cost is based upon an fixed annual per -pole fee.
CDD/DeStefano, responding to C/Fong and Chair/Flamenbaum
stated -that upon request from the Cross Keys Homeowners
Association for installation of a gate at Gona Court and
Golden Springs Road, the matter' would come before the
City for consideration and approval.
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July 24, 1995 Page 5 Planning Commission
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The motion to approve the resolution was approved 4-1
with the following roll call:
AYES: COMMISSIONERS: Meyer, VC/Huff, Fong,
Schad
NOES: COMMISSIONERS: Chair/Flamenbaum
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
CONTINUED PUBLIC HEARING:
1. Conditional Use Permit No. 95-3. A request to operate an
unmanned public utility substation for a cellular
communication facility with a 60 foot monopole with
antennae and microwave dishes.- The radio equipment will
be housed within an underground vault. Continued from
June 26, 1995.
Because C/Meyer's business is located at the site under
consideration for this project, he recused himself and left
the dais.
CDD/DeStefano stated this item was continued in order for the
i applicant to provide additional photographs requested by the
} Planning Commission. In addition, the Planning Commission and
staff requested additional time to examine documents provided
by the applicant on June 26, 1995.
Data contained in the report indicates that the applicant is
seeking a site that meets their criteria for efficiency rate.
Staff has noted the receipt of more and more questions and
comments regarding monopoles and other cellular
telecommunications devices in the community. In staff's
opinion, this is a result of a growing use of these types of
tools in the immediate area as well as, the sale of additional
air wave rights allowing more users in the area.
The applicant has focused on the site known as the "Walnut
Pool" site. The applicant believes that this is the best
location to connect with the existing cell sites in the
immediate area. The monopole is proposed not to exceed a
height of 76 feet. The applicant has looked at a number of
other sites in the immediate area including the Raddison Inn.
Staff has indicated several concerns with the proposed
location. Staff believes that a monopole of up to 76 feet in
height is inappropriate for the proposed location within the
community. Staff is not opposed to the technology. In fact,
the City has approved a number of cell sites over the past
,..j five years. Cell sites have been approved at the Diamond Bar
High School, Torito Lane, Prospectors Road and the Raddison
Inn. Each of these locations have been modified from the
original request of the applicant. All of the approved sites
July 24, 1995 Page 6 Planning commission
have resulted from the cooperative effort of the applicant and
the City. Staff feels this cooperative effort is lacking
with this application.
The City has a draft General Plan that encourages aesthetic
values which are described in policy statements. The City is
seeking the retention -of "Country. Living" by various
definitions. The'City is seeking overall superior land use
planning and the protection of views from properties and
developments. A number of scenic areas -have been'identified
as posing ideal characteristics for- preservation, not the
least of which has been the SR 57 corridor. The City has
spent considerable time and energy to encourage the utility
companies to underground utilities that are currently located
overhead within the community. For the past six years, the
City has required underground utilities for all new
developments. The City, through policy statements and
regulations, has adopted low -scale monument signage and 35
foot height building maximums in most zones.
Staff believes the application is inconsistent with the
General Plan and policy statements the City has adopted and
implemented over the last'few years. Alternative locations
and heights need to be explored by this applicant.
Absent a specific willingness by the applicant to seek, at a
minimum, an alternative height, if not an alternative
location, staff recommends the Planning Commission deny the
application by directing staff to prepare the appropriate
resolution.
CDD/DeStefano, responding to C/Schad, stated that the
applicant's package incorporated the identification of Walnut
Pool's at the top of the monopole. Staff indicated such
signage was inappropriate. The applicant stated at the June
26, 1995 meeting that should the application be approved, they
would remove the signage from the top of the transmission
tower.
€ Responding to C/Fong, CDD/DeStefano stated the existing Walnut
Pool sign is a non -conforming sign. The sign was established
in 1978. Based upon the existing sign ordinance, the sign has
a 15 year life. The Planning Commission could include the
elimination of the current sign into an approval for a future
a development of the site. The existing sign is 35 feet high
and the current ordinance allows a sign of 6 feet in height.
Chair/Flamenbaum declared the public hearing reopened.
Joe Richards, Richards Mueting Wilkes Planning & Engineering,
6529 Riverside Avenue f115, Riverside stated his firm
represents AirTouch Cellular on this matter. He introduced
Maria Lamb, AirTouch Radio Frequency Group -and Eric Mears,
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July 24, 1995 Page 7 Planning commission
Real Estate and Site Development Group. He stated that
staff's concern that cities and counties are becoming
increasingly concerned about towers is valid. Despite the
concern, the cellular source is a regional service and the
objective is to give customers the ability to access the
network through cellular facilities that are permitted in
adjacent cities. The applicant recognizes there is no
obligation for the cities and counties to provide for this
service. The two current AirTouch facilities reside on
buildings. He stated that in his opinion, AirTouch has made
ever effort to locate on buildings when they exist. In this
case, there is no building to house the proposed site. Based
on analysis of the City of Diamond Bar, the proposed site is
a good location for a monopole. The proposed isolated
commercial property site is adjacent to a freeway
infrastructure land a CalTrans facility. He further stated
there has been no written or verbal opposition to this
project.
Regarding aesthetics, the need for cellular facilities is
increasing. Cellular facilities provide business and
residential use as well as 911 'emergency access. He stated
that, in his opinion, the service provides a better quality of
urban life. The industry has an obligation to consider co -
locations and existing structures where feasible for its
facilities. He indicated he believes AirTouch has fulfilled,
this obligation. AirTouch believes that a monopole is a
proper support structure for the Diamond Bar location and the
site is conducive to such a structure.
Responding to VC/Huff, Mr. Richards stated that some AirTouch
locations are in the process of converting to digital service.
With the advent of digital service, there will continue to be
a need for the monopole at this site to handle the capacity.
Mr. -Richards responded to C/Schad that, at the discretion of
the property owner, AirTouch would be amenable to having
another cellular company co -locate on the monopole.
Maria Lamb, AirTouch Cellular and a Diamond Bar resident
stated the proposed site is a split between the cell site at
Rowland Heights and Golden Springs Drive. She emphasized the
site is needed to accommodate the projected increase in use.
She further stated that the Raddison Hotel building was
considered for a cell site, however, it is too high.
(r , In response to VC/Huff, Ms. Lamb stated any location on the
_r I Raddison Hotel building is too high to accommodate the line of
site. Of the sites considered, the Walnut Pools location is
the best.
July 24, 1995
Page '8 Planning Commission
C/Fong asked if the current AirTouch cell sites could be
relocated to accommodate a more favorable site than the Walnut
Pools location. Ms. Lamb responded AirTouch has considered
that possibility. However, because of the terrain, it is not
feasible to 'alter the existing sites to meet the current
facility 'needs A temporary cell site was located on Valley
Boulevard between Brea Canyon Road and Lemon Avenue which
proved inadequate.
Eric Mears, Site Development Manager, AirTouch Cellular and
a Diamond Bar 'resident, responded to VC/Huff that even going
to the ':lowest' level" on the 'side of the Raddison Hotel
building; the facility would be much higher than the proposed
site at Walnut Pools. The facility could not be placed low
enough to be in contact with the other,cell sites in the
vicinity. The facility currently located on the side of the
Raddison Hotel building' allows for only"'two sectors.The
Walnut Pools site would allow for three sectors' which would
accommodate all outlying cell sites.
Responding to C/Fong; Mr. Mears stated AirTouch has researched
the possibility of relocating the current sites to accommodate
a new cell site and found that there would continue to be a
gap in service due to the terrain.
Mr. Mears,' in response to C/Schad, stated all cell sites are
licensed with the FCC. Other possible sites were identified
by AirTouch. However, the proposed Walnut Pools site appears
to be the most technically feasible. There is currently a
temporary cell site located on the Shell Oil property in
Tonner Canyon.
Responding to Chair/Flamenbaum, Mr. Mears stated AirTouch will
be offering digital service. It is not currently available
commercially. Ms. Lamb responded that the proposed monopole
at the Walnut Pools location will not operate on the same
frequency as the Rowland Heights or the Torito Lane and Golden
Springs Drive cell site. Interference will occur if the users
cell phone is operating at the same frequency as the cell
site. The proximity of cell sites depends on the transmission
power and the site height.
f: Chair/Flamenbaum stated the proposed site is not offensive to
him. However, as .the need for service increases so do the
requests for additional sites and the Diamond -Bar area will
soon look like an antenna farm.
In response to Chair/Flamenbaum, Ms. Lamb stated the Raddison
Hotel building is not a good site for micro cell application.
Micro cell operates on zone areas and the zones have to be
interconnected with fiber optics. Clustering will not
accommodate the corridor which needs to be improved.
Chair/Flamenbaum stated there are sites other than the
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July 24, 1995 Page 9`'' Planning Commission
Raddison Hotel that would accommodate clustering of the cell
sites. Ms. Lamb responded that the Diamond Bar Honda location
suggested by Chair/Flamenbaum would not facilitate the handoff
proceeding southbound on the SR 57.
Mr. Mears stated it is contemplated that technology will
surpass the need for any additional cell -sites in this area.
As the digital technology advances, the current frequencies
should provide greater usage. Micro cell technology is very
limited and clustering would not prove to be effective.
Mr. Mears responded to C/Schad that the existing tower to the
east of the Raddison Hotel is located at Golden Springs Drive
and Torito Lane.
Responding to C/Fong, Mr. Mears stated -that the Diamond Bar
Golf Course' would be too easterly for a monopole site to
provide a clean line of site to the next cell site to the
west. In addition, it would be too close to the Golden
Springs Drive and Torito Lane site.
C/Fong stated he has a problem with the proposed site because
staff indicated that the applicant is unwilling to consider
other sites. He further stated the applicant has not provided
anything in writing to the Planning Commission to indicate
that any alternate studies have been conducted by AirTouch.
Chair/Flamenbaum declared the public hearing closed.
CDD/DeStefano stated that the Planning Commission has had the
opportunity to hear the staff report and receive testimony
from the applicant. The applicant has yet to respond to the
Planning Commission request for additional photographs showing
this particular site at the proposed location. According to
the applicant's testimony, the Planning Commission is
considering a site that is poor planning on the part of the
applicant. This site has been chosen principally to fulfill
the needs of the applicant. It seems to staff that this is an
inappropriate height for this utility at the proposed
location. The Planning Commission has considered a number of
projects over the last few years. There has always been
concern expressed for the degradation of the community and the
quality of urban life. In addition, there have been concerns
regarding aesthetic values, retention of open space and the
continuing urbanization of the community. The application
before the Planning Commission is for the eighth facility
within the City of Diamond Bar.
CDD/DeStefano stated that the staff recommends that the
Planning Commission take action to deny this particular
application at the proposed location.
July 24, 1995
Page to Planning commission
In response to Chair/Flamenbaum, CDD/DeStefano stated NexTel
is proposing_a 50 foot monopole next to the Diamond Bar Honda
location. LA Cellular is proposing a 90 foot monopole at Brea
Canyon Cutoff. LA Cellular has a temporary facility on
Pathfinder Road.
VC/Huff stated he is concerned with the- proliferation of
towers in the community. He indicated the community is
attempting to underground utility services. Erecting
monopoles in the'City of Diamond Bar does not lend to the
country living atmosphere which the City's residents are
seeking. However, there is a need to access 911 and have the
cellular benefits available for emergency. He stated he is
concerned with the large number of projected cell sites due' to
increase in demand. He further stated he is also concerned
that staff has taken a strong position on this matter. Since
staff usually does not!respond'in this matter, it indicates to
him' that there are unanswered questions regarding- this
proposal. Therefore, he indicated he would like to see the
applicant work with staff to': consider additional alternatives
and present the results to the Planning Commission for further
consideration. As a 1 result 'of' the Walnut Pools location
proposed to be the only sitei considered by AirTouch he stated
he would not be in favor of'''ithisi,proposal.
C/Schad stated he discussed the proposal with the applicant.
Based upon discussions this evening, he is concerned that more
should be done by the applicant to research an alternate
location in order to improve the aesthetics of the City.
C/ Fong stated he is not in favor of the AirTouch proposal. In
his view, a better location can be determined in order to
preserve the aesthetics of the community.
Mr. Richards requested a continuance to October 9, 1995.
Chair/Flamenbaum stated he feels the proposed site is perfect.
He indicated he has difficulty with future proposals and the
inability of cellular companies to co -locate their facilities.
Mr. Richards responded that AirTouch is willing to work with
competitors to share facilities. He stated they will contact
NexTel to discuss the matter.
A motion was made by C/Schad and seconded by VC/Huff to
continue Conditional Use Permit No. 95-3 to October 9, 1995.
The motion was approved 4-0 with the following roll call:,
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Schad, VC/Huff, Fong,
Chair/Flamenbaum
None
Meyer
None
July 24, 1995 Page 11 Planning Commission
C/Meyer returned to the dais.
PLANNING COMMISSION ITEMS:
VC/Huff stated he is pleased to see the signs acknowledging
the businesses. during the Grand Avenue rehabilitation project.
ANNOUNCEMENTS:
CDD/DeStefano stated that the City of Diamond Bar is the host
City for the East San Gabriel Planning Committee meeting to be
held Thursday, July 27, 1995 at 6:30 p.m. at the Raddison
Hotel. Dr. David Bess, CalPoly Urban Planning Professor who
is a former Dean of the School of Environmental Design will
present 1115 Way to Fix the Suburbs". He encouraged the
Planning Commissioners to attend.
CDD/DeStefano stated consideration of the Draft General Plan
is agendized for the July 25 City Council meeting.
ADJOURNMENT:
Chairman Flamenbaum declared the meeting adjourned at 9:00
p.m.
Respectfully Submitted,
Jas DeStefano
Community Development Director
Attest:
Bruce Flamenbaum
Chairman