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HomeMy WebLinkAbout11/27/2007MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 27, 2007 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Vice Chairman Tony Torng and Chairman Steve Nelson. Also present: Greg Gubman, Planning Manager; Brad Wohlenberg, Assistant City Attorney; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of November 13, 2007. VC/Torng moved, C/Shah seconded to approve the November 13, 2007, Minutes as amended. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARINGS: VC/Tomg, Shah, Lee, Nolan, Chair/Nelson None None 7.1 Conditional Use Permit No. 2007-02 and Development Review No. 2007-02 — In accordance with Development Code Sections 22.42, 22.48, 22.54 and 22.58, the applicant requested approval to establish a wireless telecommunications facility (cell site) at Pantera Park. The purpose of the NOVEMBER 27, 2007 PAGE 2 PLANNING COMMISSION proposed cell site is to receive and transmit wireless communication data via the Royal Street Communications network. Improvements associated with the proposed cell site include: replacement of an existing 92 -foot high field light pole sign with a panel antenna array and microwave dish; and construction of an unmanned 240 square -foot, 10.5 foot tall equipment building to match existing park structures. Approval of a Conditional Use Permit is required to establish a cell site and Development Review approval is required for the architectural design of the proposed improvements. PROJECT ADDRESS: 738 Pantera Drive (Pantera Park) Diamond Bar, CA 91765 PROPERTY OWNER: City of Diamond Bar APPLICANT: Royal Street Communications, LLC 2913 EI Camino Real #561 Tustin, CA 92782 PM/Gubman presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2007-02 and Development Review No. 2007-02, Findings of Fact, and conditions of approval as listed within the resolution. PM/Gubman responded to C/Shah that the height of the existing and new pole was 92 feet. VC/Torng asked for PM/Gubman to please show him the final attachment because he was unclear about the coverage of LA2257. PM/Gubman displayed a coverage map showing the service provided by the Royal Street Communications network that would be going on line. The green color indicates the strongest signal coverage; the yellow provides coverage inside a vehicle. The combination of green and yellow is the best coverage inside a vehicle and inside a building. Green, yellow and red show the overall outdoor coverage. The orange outlines the proposed Pantera Park cell site with a large white area indicating a gap in service coverage for the Royal Street Network. Another map shows the predicted coverage forthe Pantera Park cell site. Within the dark green area (closest to the antenna) is the strongest area of interior reception; the yellow shows reception in a vehicle and the yellow green and red shows coverage in any outdoor location the signal should be able to reach. Renditions show Pantera before the cell site and Pantera after installation of the cell site. VC/Torng said it was interesting NOVEMBER 27, 2007 PAGE 3 PLANNING COMMISSION that a lot of sites were not covered. PM/Gubman said the hills would create a physical barrier to the signal. Chair/Nelson asked if this project was posted with a sign at the site so that anyone using the park would be aware of this project and PM/Gubman responded, "correct." In fact, the reason this projectwas continued to tonight was because the sign had not previously been posted a full ten days prior to the public hearing as required. Chair/Nelson opened the public hearing. Davina Felix, 420 McKinley Street, Corona, said she read staff's report and concurred with the conditions of approval. C/Lee said that Pantera Park is a busy park and wondered about the construction timeframe. Ms. Felix responded that a pre -construction meeting will be scheduled once the project is submitted to the Building Department. In addition, the applicant will work with the Parks Department on the timeframe, which would be suitable for the City schedules. C/Lee wondered how the applicant would protect park goers during installation and Ms. Felix indicated that there would be construction fencing surrounding the area. C/Lee said the radius of the fence should be wider although the pole will be forced down. Chair/Nelson said he would assume the City was pretty careful about protecting its liability within parks and that every safety precaution would be taken. PM/Gubman explained that these installations are heavily engineered structures that need to be able to support the height, weight and wind load of the pole and array. Of course the City's Building and Safety Department will review structural design and the project will be required to conform to support requirements. Ms. Felix said the soil tests for the structural calculations have been completed. C/Lee cautioned Ms. Felix to be careful on that because there are a lot of kids that play in the area and can climb the fence so every effort should be made to ensure safety. Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded, to approve Conditional Use Permit No. 2007-02 and Development Review No. 2007-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: NOVEMBER 27, 2007 91 9. PAGE 4 PLANNING COMMISSION AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT COMMISSIONERS: PUBLIC HEARINGS: None Lee, Nolan, Shah, VC/Torng, Chair/Nelson None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng commented that there have been two different cell site applications with two different results. He said he watched the City Council meeting discussion regarding Ronald Reagan Park and he felt that cell sites should be less intrusive to citizens and no citizens who spoke were interested in having a cell site in Ronald Reagan Park. He suggested that staff look into the map that the City provides to cellular companies and re-evaluate locations. Pantera Park is big and Ronald Reagan is a small intimate park. If the City leaves Ronald Reagan Park on the map cell providers will come back again and choose that site because it is a high point. He really wanted staff to look into the proposed map before submitting it to the applicant and maybe the City could leave off Ronald Reagan Park next time so the City does not have this kind of controversy. He hoped staff could really consider his suggestion. Obviously Pantera Park is big enough and there is an existing structure and maybe the City has to really think about something like that too. C/Shah commended staff on its presentation regarding the proposed Ronald Reagan cell tower. He hosted an Indian New Year Festival at Diamond Bar Center, which was dedicated to Bob Zirbes. Approximately 500 people including Mrs. Zirbes and Council Members attended the festival. Chair/Nelson said he did not disagree with VC/Torng but staff has no context for developing criteria for what might be considered "intrusive." Staff can say a small public park does not work. However, cell sites have been placed in small pocket parks. He believed that the Commission would make its decision based on community perception. VC/Torng said that the City already has experience with Ronald Reagan Park and he did not want this site on the map. He thought the City would fight this off because obviously they are coming back in February again. Even the City Council decided to evaluate the site but it's still not off yet. They are coming back. So in the future if we just don't suggest this site to the companies this same problem won't happen. He agreed with Chair/Nelson but when citizens come before the Planning NOVEMBER 27, 2007 PAGE 5 PLANNING COMMISSION Commission they say "health issues, health issues" and the Planning Commission cannot base its decision on health issues. So in a way the City has to remove it so it does not have to face the same problem again. That was his point. Chair/Nelson said VC/Torng's suggestion had some merit. Residents who came before the Commission about Ronald Reagan Park came to the Commission and stated they had every right and said the City could not deny them their wishes because it is in the City's book. If there is some way to develop minimal criteria or at the very least not let applicants believe all they have to do is show up to a meeting and their application would be approved it would help the Commission because the Commission tends to go with the community. PM/Gubman said that staff learned from that experience and intends to approach the lease agreements at public parks differently. To this point, lease agreements have been submitted to the City Council, and the lease was approved pending a land use approval of the Conditional Use Permit and the potential negative scenario occurred in this case. Through this recent experience staff will review the Conditional Use Permit first and pending that outcome, the City Council can decide whether to sign the lease. Unfortunately, once a lease is signed there is little opportunity left for discretion. C/Nolan said she too wholeheartedly agreed. In the case of tonight's continued public hearing item the lease was already signed. And she voted for the Ronald Reagan application based on the criteria available at the time. She appreciated this matter being reviewed by staff. 10. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearing dates for future projects PM/Gubman reminded Commissioners that they are invited to the H MART grand opening on Friday through Sunday. The Temporary Use Permit was approved today and there is an ambitious program underway for the event. The City is excited about the potential of this new business hand-in-hand with the revitalization of the center. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. NOVEMBER 27, 2007 PAGE 6 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 7:31 p.m. Attest: Respectfully Submitted, Greg Gubman, Planning Manager Steve Nelson, Chairman