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Home My WebLink About1/24/2006MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 24, 2006 CALL TO ORDER: SAA/Marquez called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Chairman Joe McManus, and Vice Chairperson Ruth Low were excused. Also present: Nancy Fong, Interim Community Development Director; Bradley Wohlenberg, Assistant City Attorney; Ann J. Lungu, Associate Planner, Sandra Campbell, Contract Senior Planner; Linda Smith, Development Services Associate and Stella Marquez, Senior Administrative Assistant. C/Torng nominated C/Nolan to serve as temporary presiding officer. C/Lee seconded the nomination. There were no other nominations offered. Roll Call: C/Lee Yes C/Torng Yes C/Nolan Yes C/Nolan assumed the gavel. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of January 10, 2006. Continued to February 14, 2006. 5. OLD BUSINESS: None JANUARY 24, 2006 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit No. 2005-02 Develo Ment Review No. 2005-15 and Minor Variance No. 2005-03 - In accordance to Code Sections 22.42, 22.58, 22.48 and 22.54, this was a request to install a wireless telecommunications facility with antenna mounted on a monopole camouflaged as a broadleaf tree and equipment cabinets. The Development Review relates to architectural/design review. The Minor Variance relates to the height of the broadleaf tree monopole that exceeds the maximum allowable 35 -foot height. PROJECT ADDRESS: Eastgate Water Reservoir 24995 Eastgate Drive Diamond Bar, CA 91765 PROPERTY OWNER: Walnut Valley Water District 271 S. Brea Canyon Road Walnut, CA 91789 APPLICANT: Cingular Wireless 12900 5' FI — Park Plaza Drive Cerritos, CA 90703 APPLICANT'S AGENT: Infranext, Inc., Jim Fitzsimmons 2200 Orangewood Avenue#228 Orange, CA 92868 DSA/Smith presented staff's report and recommended Planning Commission approval of Conditional Use Permit 2005-02, Development Review No. 2005-15 and Minor Variance No. 2005-03, Findings of Fact, and conditions of approval as listed within the resolution. AC/Nolan asked for a definition of "co -location." DSA/Smith stated that the vendor requested co -location because their grid was lower than the existing grids and it was common to group such facilities. Acting Chair/Nolan asked if any noise would emit from the use and DSA/Smith explained that there might be an on-site generator, however, there would otherwise be very little noise. Kenny Zwick, applicant's representative, explained that the application made sense because the applicant had complied with the City's requirement to locate the facility at a preferred facility for wireless applications. It was JANUARY 24, 2006 PAGE 3 PLANNING COMMISSION customary for such facilities to be placed on or near water tanks since it offered a symbiotic use and afforded the City an opportunity to gain revenue. In this case, the site was being built for coverage and not capacity and as systems mature antenna centerlines tend to be lowered. He stated that the applicant read staff's report and concurred with the conditions of approval. Mr. Zwick responded to C/Lee that the total weight of the antenna was approximately 50 pounds. C/Torng asked if the applicant intended to request additional sites. Mr. Zwick indicated that Cingular was going to a higher frequency in order to provide better signal. These sites tend to expand and contract depending on usage. For example, with the current system the 30th person attempting to make a call on a sector would not have good reception and with the installation the usage capability should about double. C/Torng moved, C/Lee seconded, to approve Conditional Use Permit No. 2005-02, Development Review No. 2005-15 and Minor Variance No. 2005-03, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Torng, AC/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Low, Chair/McManus 8. PLANNING COMMSSIONER COMM ENTSIiNFORMATIONAL ITEMS: C/Torng wished his colleagues a Happy Lunar New Year, the Year of the Dog. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Form Based Codes (Continued to February 14, 2006) 9.3 Art in Public Places (Continued to February 14, 2006) TCDD/Fong stated that at the February 14, 2006, meeting she would forward a staff report that discussed what was meant by "public convenience and "necessity" as well as the process for determining the duties. ICDDIFong commented that the date for the Planners Institute should be March instead of May. She asked the Commissioners to read the publication on the JANUARY 24, 2006 PAGE 4 PLANNING COMMISSION Monterey conference and indicate to SAA/Marquez whether they would like to attend. AC/Nolan said he highly recommended that his colleagues attend the conference. AC/Nolan asked if ACA/Wohlenberg would comment on a recent Supreme Court case involving aesthetics for cell sites. ACA/Wohlenberg explained that the 9t�` Circuit Court decision dealt with cell facilities that were installed in the public right-of- way. The Court decided that aesthetic concerns a city may have was not something that was allowed to be regulated under state law. However, 7901.1 allows some "time, place and manner" regulation but the court decided that aesthetics did not fall within those parameters. He felt that the City of La Canada Flintridge may very well appeal the decision because there was a substantial body of law that discusses how local government does have an aesthetic interest in the public rights-of-way. AC/Nolan stated that a home on Golden Springs Drive north just past Sycamore Canyon Park and Golden Prados has a smashed retaining wall between the house and the sidewalk and since the wall had remained in bad condition for several weeks he wondered if the City could step in to facilitate repairs. ICDD/Fong said she would report the matter to Code Enforcement. AC/Nolan offered that the Neighborhood Improvement Association or a local service club might be able to assist the property owner if necessary. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, AC/Nolan adjourned the meeting at 7:32 p.m. Ily Submitted Nancy Fong Interim Com Dan Nolan, Acting Chairman opment Director