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Home My WebLink About12/8/1998MINUTES OF THE CITY OF DIAMOND BAR �— REGULAR MEI;'1'1NG OF THE PLANNING COMMISSION DECEMBER 8,1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Kuo. ROLL CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye and Commissioners George Kuo and Joe Ruzidm. Absent: Commissioner Nelson was excused. - Also Present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; g j Linda Kay Smith, Development Services Assistant; and Sonya Joe, Development Services Assistant, MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None I APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: None OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: 1. Extension of Tune for Approved Tract Map No. 51253, Conditional Use Permit No. 92- 12 and Oak Tree Permit No. 92-9 (pursuant to Code Sections 21.40.180, 22.56.140 and 22.56.2250) is a request for approval of a one year extension of time of the City's approval dated May 17, 1995. The approval permits a 21 unit, single-family residential subdivision on 6.7 acres (Continued from November 24, 1998). PROJECT ADDRESS: East of Morning Sun Avenue and North of Pathfinder Road, Diamond Bar, CA 91789 PROPERTY OWNER/ Amrut Patel, Sasak Corporation DECEMBER 8, 1998 PAGE 2 APPLICANT: 858 West 9th Street Upland, CA 91785 DCM06tefano presented staffs report. Staff recommends that the Planning Commission continue the Public Hearing to January 12, 1999. Chair/McManus reopened the public hearing. There was no one present who wished to speak on this item. i C/Ruzicka moved, C/Kuo seconded, to continue the public hearing for Extension of Time for Approved Tract Map No. 52153, Conditional Use Permit No. 92-12, and Oak Tree Permit No. 92-9 to January 12, 1999. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, VC/Tye, Chair/McManus NOES: COMNIISSIONERS: None ABSENT: COMMISSIONERS: Nelson PUBLIC HEARING: 1. Wireless Telecommunication Facilities Ordinance. Currently, the City has a moratorium (Ordinance No. 4-b (1998) on wireless telecommunication facilities which will be of no further force and effect as of July 17, 1999. A draft wireless telecommunication facilities ordinance has been prepared for the Planning Commission's consideration. If approved by the City Council, the wireless telecommunication facilities ordinance will be incorporated into the adopted Development Code, Article III, Section 22.42.130. PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission open the public hearing, receive testimony and continue the public hearing. C/Ruzicka asked if Paragraph C on Page I of the Draft Ordinance includes the -Eric Stone installation. DCM/De5tefano responded that the language includes Mr. Stone's property. However; Mr. 9, Stone's facility is specifically conditioned to operate in its current manner. Any modification to the current facility would require a public hearing. DECEMBER 8, 1998 PAGE 3 ;,. In response to C/Ruzicka, Ric Stephens, consultant, explained the types of potential installations. DCM/DeStefano indicated to C/Ruzicka that as a part of the Telecommunication Facilities Regulations, cities maintain land use control with respect to land use and design of facilities. Pursuant to the Federal Communications Act of 1996, cities are not able to decide for or against a project based upon any perceived or real emissions generated by these devices. DCM/DeStefano responded to C/Kuo that he is not aware of any approved devices located on approved sites that would be determined to be located in an inappropriate zone upon approval of the ordinance. Ric Stephens responded to C/Kuo that an approved site could be a church and the church may be located in a residential zone which would be the exception allowed for under the Draft Ordinance. Chair/McManus opened the public hearing. Marty Zimmerman, NexTel Communications, complemented the task force for their work. - He suggested that the Commission consider the following changes to the Draft Ordinance: 1) That the requirement for any structures to be at least 3 meters or at least 10 feet from a .: non-residential building be considered on a case by case basis. 2) With respect to Paragraph j I. 2. on Page 13, he asked that consideration be given to leaving the device in place upon abandonment in the event the city determined it had future value. 3) Regarding H. 11. Signage, the FCC occasionally requires carriers to place small signs at the bottom of structures. He suggested the following language be included: "unless the signage is an j integral part of the stealth design of the structure". 4) He said he is concerned about the nexus for requiring the property owner's approval for a rooftop installation (H. 12. Collocation Agreement on Page 13). Mr. Zimmerman explained to VC/Tye how signage can benefit a stealth structure. For example, the City of LaHabra requested that the city name be a part of a clock tower installation. He reiterated that he believes it was the intent of the task force to allow this type of signage to occur. Responding to C/Ruzicka, Mr. Zimmerman stated that with respect to abandonment of devices, his company installed a bell structure just north of the UC campus which, by mutual agreement, will be retained by the University. DCM/DeStefano responded to VC/Tye that the language of H. 11. can be revised to incorporate retention of structures when deemed feasible. DCM/DeStefano presented a graphic of an auto center sign located in the City of Anaheim which speaks to the signage issue. This is an example of a device which was attached to a sign. Currently, a common occurrence is the inclusion of such devices within signs. He said he believes the Wa1Mart/HomeBase sign on westbound SR60 includes a telecommunications - - . --- --_-1- -- - F,, ._T ,---„-„, ,,,r_... , ,.-...,,- . w..,- -, � � _� _ --r r r DECEMBER 8, 1998 PAGE 4 device. He agreed that Mr. Zimmerman's comments with respect to signage are appropriate. He explained that the task force was concerned about the opportunity for incorporating devices within future freeway oriented signs and was determined to insure that future applicants for such freeway signage be notified of the opportunity for incorporation of a facility. The task force was determined to avoid installations such as the Walnut Pools installation which has signage attached to the tower. He explained why the City embraces the concept of collocation. In response to VC/Tye, DCM/DeStefano stated he believes that Mr. Ziminerman's statement regarding setback is a good observation Staff will pursue the issue. The intent of the section was to respond to insure that freestanding devices were a certain distance away from a building. DCM/DeStefano responded to VC/Tye that the City Attorney is writing appropriate language for Page 14, I. 3. BondingUability. C/Ruzicka moved, VC/Tye seconded, to continue the public hearing to January 12, 1999. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS PLANNING COMMISSION COMMENTS: INFORMATIONAL ITEMS: Kuo, Ruzicka, VC/Tye, Chair/McManus None Nelson None DCM/DeStefano reminded the Commission that the annual holiday party will be held tomorrowlnight at the golf course. The Travelers Insurance Companyand Allstate Insurance are moving rapidly to relocate to the Gateway Corporate Center. Construction should commence within about 45 lays. He reported that additional restaurants have indicated an interest in Diamond Bar as a result of the impending moves by Travelers and Allstate. In January the Planning Commission will consider additional proposals to construct office buildings within the Gateway Corporate Center. Building valuation has increased by about 15 million during calendar year 1998 and will continue to increase in the coming months. SCHEDULE OF FUTURE EVENTS: As presented. I DECEMBER 8, 1998 PAGE 5 ADJOURNMENT: C/Ruzicim moved, CIKuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 8:15 p.m. Respectfully Submitted, es DeStefanc Secretary to the Planning Commission Attest: e McManus airman --,