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MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 24, 2002
CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management/Govemm nt Center Auditorium, 21865 East Copley Drive, Diamond Bar, California
91765.
PLEDGE OF ALLEGIANCE:
Commissioner Nelson 1 d the pledge of allegiance.
1. ROLL CALL:
Present: Chairman Joe Ruzicka, Vice Chairman Steve Tye, and
Commissioners Steve Nelson, Dan Nolan and Jack Tanaka.
Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate
Planner, Linda Smith, Development Services Assistant, and Stella
Marquez, Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL O AGENDA: As presented.
4. CONSENT CAI F.NDAR.
4.1 Minutes Of Regular Meetings of September 10, 2002.
C/Tanaka moved, C/Nolan seconded, to approve the minutes of September 10, 2002,
as presented. Without objection, the motion was so ordered.
5. OLD BUSINES
6. NEW BUSINE1
7. PUBLIC HEAR
None.
. None.
Keview No. 2002-15 (pursuant to Code Sections 22.48.020.A.1) is a
:ruct a three story (two-story with basement), single-family residence
balconies, covered patio, and basement garages totaling to
10,308 gross square feet. The request also includes a series of site
with an exposed height varying from three (3) feet to six (6) feet.
7.1 Develop
request to
with por
approxim;
retaining i
None.
. None.
Keview No. 2002-15 (pursuant to Code Sections 22.48.020.A.1) is a
:ruct a three story (two-story with basement), single-family residence
balconies, covered patio, and basement garages totaling to
10,308 gross square feet. The request also includes a series of site
with an exposed height varying from three (3) feet to six (6) feet.
SEPTEMBER 24, 2002 PAGE 2 PLANNING COMMISSION
PROJECT ADDRESS: 22119 Steeplechase Lane
(Lot 179, Tract 30578)
Diamond Bar, CA 91765
PROPERTY OWNER: Yogesh K. Paliwal
1528 Ruby Court
Diamond Bar, CA 91765
APPLICANT: J.C. Dagam
1000 N. Regal Canyon Drive
Walnut, CA 91789
DSA/Smith presented staff's report. Staff recommends Planning Commission
approval of Development Review No. 2002-15 Findings of Fact, and conditions of
approval as listed within the resolution.
Charlie Dagam, applicant, explained that this project was designed to be compatible
with the lot and surrounding neighborhood.
Chair/Ruzicka opened the public hearing.
There was no one present who wished to speak on this item.
Chair/Ruzicka closed the public hearing.
VC/Tye pointed out the discrepancy in staff's report regarding tree preservation.
Mr. Dagam stated that although there are no Walnut trees in the construction area, he
understood that all Walnut trees located on the property would be protected.
C/Nolan moved, C/Tanaka seconded, to approve Development Review No. 2002-15,
Findings of Fact, and conditions of approval as listed within the resolution, including
a corrected tree preservation statement. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Nolan, Tanaka, Nelson, VC/Tye,
Chair/Ruzicka
None
None
7.2 Development Review No. 2002-27 (pursuant to Code Section 22.48.020.A.1) is a
request to construct a two story, single-family residence with porch,
1
1
SEPTEMBER 24,
PAGE 3 PLANNING COMMISSION
balconi s/covered patio, and dual two car garages totaling to approximately 11,983
gross sc, uare feet. The request also includes a site retaining wall in areas of varying
topogra by that varies in exposed height from 42 inches to a maximum of eight
(8) feet.
ADDRESS: 24037 Goldrush Drive
(Lot 3, Tract No. 31977)
Diamond Bar, CA 91765
TY OWNER: Goldrush Investment Group
1595 S. McPherrin Avenue
Monterey Park, CA 91754
rtrri.ik- Andrew King
1595 S. McPherrin Avenue
Monterey Park, CA 91754
DSA/Smith presented staff's report. Staff recommends that the Planning
Commis ion continue Development Review No. 2002-27 to a future public hearing
date to allow the applicant time to submit revisions to the project.
VC/Tye as very concerned about the untidy project site and felt that the surrounding
neighbors should not have to tolerate such blight.
Andrew King, applicant, explained the history of the proposed project to the
Commis on. He explained that he has invested considerable time and money to
clean up the area. In fact, someone recently dumped another load of scrap lumber on
one of his lots. Cleaning of the job site is an ongoing process.
chair/Ruicka asked Mr. King if he was agreeable to implementing staff's
suggestio s to which Mr. King responded "yes."
VC/Tye r emphasized that the hillside adjacent to the project site that extends
downwarc toward Cromarty Drive is littered and overgrown with brush and should
be cleanec up.
Mr. King said that the slope referred to by VC/Tye was recently landscaped. He has
spent about $10,000 removing litter. He reiterated that he is responsive to complaints
about trash and litter.
iChair/Ruz'cka opened the public hearing.
SEPTEMBER 24, 2002 PAGE 4 PLANNING COMMISSION
There was no one present who wished to speak on this matter.
VC/Tye moved, C/Tanaka seconded, to continue Development Review No. 2002-27
to a future public hearing date to allow the applicant to submit revisions to the project
in accordance with staff's recommendations. Further, the property behind the lots
looking down on Cromarty Drive must be cleaned up of any building debris. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS: VC/Tye, Tanaka, Nelson, Nolan,
Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Conditional Use Permit No. 2002-03 and Development Review No. 2002-12
(pursuant to Code Sections 22.58, 22.42 and 22.48.020.A.) is a request to install two
monopoles with two cellular phone antennas on each pole. The poles with antennas
will not exceed a height of 25 feet. Additionally, the request includes equipment
cabinets enclosed by a block wall. The project site, approximately seven net acres,
currently contains a residential structure and three unmanned wireless
telecommunications facilities.
PROJECT ADDRESS
PROPERTY OWNERS:
APPLICANT:
24401 Darrin Drive
(Lot 51, Tract No. 42584)
Diamond Bar, CA 91765
Eric and Robin Stone
24401 Darrin Drive
Diamond Bar, CA 91765
Verizon Wireless
1550 S. Sand Canyon Avenue
Irvine, CA 92618
AssocP/Lungu presented staff's report. Staff recommends Planning Commission
approval of Conditional Use Permit No. 2002-03 and Development Review
No. 2002-12, Findings of Fact, and conditions of approval as listed within the
resolution.
Kevin Avery, representing Verizon Wireless, said he was present to answer questions
regarding this project.
SEPTEMBER 24, 20 D2 PAGE S PLANNING COMMISSION
C/Nels n asked the applicant to go back to his landscape architect and inquire as to
whethei he could suggest an alternate to the Pepper Tree. Mr. Avery responded that
he would do so.
GTana a asked what the two monopoles would do for Verizon to which Mr. Avery
responded that they would provide coverage along the SR 60 as well as some
coverage to the north of the City.
Chair/R zicka opened the public hearing,
There was no one present who wished to speak on this item.
VC/Tye asked wanted the City to choose an Arborist to review this project. He
believed that during prior deliberations regarding cell sites, the Commission
requested staff to provide input as to the maximum number of monopoles acceptable
for one si te_
Chair/Ru icka said he was also concerned and felt the Commission should have
some guidelines regarding the number of monopoles that one site might
accommodate. The last time the Planning Commission was asked to approve a cell
site on this particular property, the Commissioners expressed concern about the
number t iat could be approved for each property within the entire City. We asked,
"When is enough, enough! Is 3 enough? 4? 5? 10? 20? Could some pieces of
property here in Diamond Bar start to look like antenna farms? As of tonight, we still
do not have any idea. As a consequence I would like to recommend to my colleagues
on this Cc mmission that we postpone approval of this project until the Commission
has guidance to assist in making decisions in this area. Policy guidelines should
include, and not be limited to, lot size, number of sites per lots, (larger lots being able
to accommodate more sites than smaller ones), camouflaging requirements and so
forth. Th policy should also include all property within the territorial limits of the
City whether it is private property, commercial property or church property. He said
he was tenibly disappointed by the project submitted to this Commission for one of
these sites at St. Denis Catholic Church. He found a complete lack of concern for the
effects the project would have on the surrounding neighborhood by Cingular and by
the church leaders. This policy should be put together and be based upon the best
policies of other cities with characteristics similar to those of Diamond Bar. The
policy should include a provision for the appearance of both the telecommunications
company a id the property owner at the public hearing before the Commission so that
the approp hate questions could be asked about the site's effect on the surrounding
neighborhoods and the possible mitigation to minimize that effect. This action
' should bet iken to insure that Diamond Bar has a sensible policy for the future. He
added in c osing that the request to draft this policy has nothing to do with the
SEPTEMBER 24, 2002 PAGE 6 PLANNING COMMISSION
validity of the project before the Commission tonight. He suggested that this policy
must be drawn up at some point in time and he believed the time was now. The City
needs a telecommunications policy to supports its decisions so that in the future
Diamond Bar can have a sensible progression of these sites taking into account all of
the concerns previously expressed by the Commission as well as the citizens.
C/Nolan believed that one of Diamond Bar's biggest problems was traffic. While he
believed the City needed a more cogent or restrictive policy, he felt it was unfair to an
applicant to come before the Commission playing within the existing rules and find
they are subject to the change. He was confused about zoning issues. This site is
proposed for a residential area.
VC/Tye felt that a policy and discussion of this particular project could take place
simultaneously. He said he visited the site on Saturday and received two telephone
calls from Mr. Stone today. V/C Tye believed that with respect to prior approval of
cell sites on this property, someone dropped the ball with respect to conditions of
approval and preservation of the trees on-site.
Chair/Ruzicka said he was concerned about annexation issues. He would also like to
see included in the policy a reasonable timeframe for when each site is re -visited.
This property owner is extremely conscientious about the facilities located on his
land. He reiterated his belief that by the next Commission meeting, a policy should
be in place.
Chair/Ruzicka responded to C/Nolan that Diamond Bar has a population of about
50,000. What will it be like 10 years from now? Will the geographical boundaries
be the same in the future? There should be some sensible policy that the
Commission can follow with respect to all of these considerations.
DCMIDeStefano explained that there are approximately 30 wireless communications
facilities in the City. Part of the reason there are so many cell sites in the City is due
to its physical characteristics. There are a number of "dead" areas within the City
and when demand exceeds availability, requests are made to incorporate additional
sites. Additionally, technology, size and types of devices, available frequencies, etc.,
are changing on a daily basis. These factors can contribute to the increase in cell
sites/antennas for sites within the City. He felt that at some point 10 to 20 years in
the future cell sites would vanish and the technology would be available via satellite.
Diamond Bar created an ordinance a few years ago that incorporated input from the
wireless telecommunications industry and citizens within the community. The
ordinance has been refined within the past couple of years. This site is listed within
the ordinance as being a potential site for future carriers. He explained the
circumstances under which a residential property might be selected for a site. He
1
SEPTEMBER 24,
PAGE 7 PLANNING COMMISSION
suggest d that the Planning Commission revisit the current Ordinance. In the short
term, staff would require at least 30 days to provide adequate support including legal
input to the Commission. He requested the matter be scheduled for the meeting of
October 22, 2002.
C/NeIso asked if the proposed project is consistent with the City's
Telecommunications Ordinance to which DCM/DeStefano responded that from
staff's prospective, the application is consistent, therefore, recommending approval.
C/Nelson felt that this project should move forward on its own merits. Any further
consideration of the current Telecommunications Ordinance could be taken under
advisement-
No.
dvisem nt_
No. 200'<
conditior
motion c
to which
vote:
AYES:
NOES:
8. PLANNING C
honor of Ken H
as a Diamond B
summer camp.
C/Nelson asked
maintaining ]an
moved, C/Tanaka seconded, to approve Conditional Use Permit
-03 and Development Review No. 2002-12, Findings of Fact, and
s of approval as listed within the resolution. VC/Tye requested that the
)ntain a provision that the Certified Arborist would be selected by the City
�7INelson and C/Tanaka agreed. Motion carried by the following Roll Call
COMMISSIONERS: Nelson, Tanaka, Nolan, VC/Tye,
Chair/Ruzicka
COMMISSIONERS: None
COMMISSIONERS: None
MMISSION COMMENTS: C/Nolan attended a golf tournament in
Litt who is being honored on September 27 at the Los Angeles County Fair
hero. The proceeds of the tournament are used to send burned children to
staff research vehicles such as endowments and performance bonds for
Ding around telecommunications facilities.
VC/Tye objected to Big Lots storing merchandise in large unsightly containers on their
property and believed the containers should be removed. He asked that the graffiti on the
retaining wall in "The Country Estates" be removed. VC/Tye referred to a July 29 sent by
DCM/DeStefano lo "The Country Estates" requesting access to projects in the Country. The
entry points have no record of such a request or acknowledgement. He thanked staff for
sending C. J. Pilk rton to view the trees at the SunCal project site.
IChair/Ruzicka as ed that discussion of the Telecommunications Ordinance be agendized.
SEPTEMBER 24, 2002 PAGE 8 PLANNING COMMISSION
9. INFORMATIONAL ITEMS:
DCM/DeStefano invited the Commissioners to participate in field trip to locate the cell sites
within the City and in other cities. Tomorrow, staff will provide each Commissioner with
copies of the current Telecommunications Ordinance and a map that identifies the sites
where facilities are presently located as well as, potential future sites. C. J. Pilkerton is the
City's likely candidate to view what is believed to be a dead black Walnut tree and to assist
in determining the cause of its demise. Staff will research the matter of access to "The
Country Estates" projects and advise the Commissioners accordingly. With respect to
VC/Tye's concern, a Code Enforcement Officer reported that the property owner in "The
Country Estates" would remove the graffiti from the wall by September 29. He agreed with
VC/Tye that the bins located in the Big Lots parking lot should be removed. In fact, the
Code Enforcement Officer has been instructed to get them removed. The City Council will
consider the Planning Commission's recommendation for approval of the Best Western
property subdivision on October 1. The Planning Commission will likely receive a
presentation by the Fair Housing Foundation about the last meeting in October.
10. SCHEDULE OF FUTURE EVENTS:
As presented in the agenda.
ADJOURNMENT:
There being no further business to come before the Planning Commission, Chairman Ruzicka
adjourned the meeting at 8:58 p.m.
Res ectfully S brnitted,
Ja DeStefan
Deputy City Manager
Attest:
Chairman Joe Ru7.i�ka~