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Home My WebLink About03/11/19977:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive -Diamond Bar, California Chairman Ake Chairman Commissioner Commissioner Commissioner Mike Goldenberg Toe Ruzicka Franklin Fong Toe McManus Ian Schad Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 3965676 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) inorder to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking �rnw Y �,��'" The City of Diamond Bar uses recycled paper in the Auditorium +e°s4' and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Tuesday, March 11, 1997 Nett Resolution No. 97-4 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe Ruzicka, Franklin Fong, Joe McManus and Don Schad 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Sneaker's Card for the recordine Secretary (Comoletion of this form is voluntary) There is a five minute maximum time limit when addressing the Plannine Commission. ******** 3. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 3.1 Minutes of February 25, 1997 4. ANNUAL REORGANIZATION OF THE PLANNING COMMISSION 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING: None 8. PLANNING COMMISSION ITEMS: 9. INFORMATIONAL ITEMS: FA 10. SCHEDULE OF FUTURE EVENTS: PLANNER'S INSTITUTE -Wednesday -Friday, March 12-14, 1997 at Monterey Conference Center, Monterey, California TRAFFIC &TRANSPORTATION COMMISSION -March 13,1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. CITY COUNCIL -March 18, 1997 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Drive TOWN HALL MEETING -March 22, 1997 - 9:00 a.m. - 12:00 noon, AQMD Auditorium, 21865 Copley Drive -Topic: Development Code PARKS &RECREATION COMMISSION -March 27, 1997 - 7:00 p.m, AQMD Board Hearing Room, 21865 E. Copley Drive. 11. ADJOURNMENT: Tuesday, March 25, 1997 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 25, 1997 CALL TO ORDER: Vice Chairman Ruzicka called the meeting to order at 7:07 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by C/McManus. ROLL CALL: Present: Vice Chairman Ruzicka, and Commissioners, Fong, McManus and Schad. Chairman Goldenberg arrived at 7:17 p.m. Also Present: Community Development Director James DeStefano, Senior Planner Catherine Johnson, and Assistant Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of February 11, 1997. C/Schad made a motion, seconded by C/McManus, to approve the minutes of January 28, 1 , as presented. Without objection, the motion was so ordered. OLD BUSINESS - None NEW BUSINESS - None PUBLIC HEARING: 1. Conditional Use Permit 96-10 and Development Review 96-91 a request for the co -location of unmanned, wireless telecommunications transmission facilities by two service providers consisting of antennas to be located on a proposed barn, and equipment cabinets to be located within the barn and also next to the barn behind a fenced enclosure. This proposal also includes an amendment to Tract map 42584 removing an easement from said Map restricting vehicle ingress and egress to Armitos Place. Project Address: 24401 Darrin Drive (northwest corner Darrin Drive and Armitos Place) Applicants: Cox California PCS, Inc., 18200 Von Karman Avenue, Suite 100, Irvine, CA 92612, and Pacific Bell Mobile Services, 5959 W. Century Boulevard, Los Angeles, CA 90015 FEBRUARY 25, 1997 PAGE 2 PLANNING COMMISSION Property Owners: Eric and Robin Stone, 24401 Darrin Drive, Diamond Bar, CA 91765 CDD/DeStefano presented the staff report. Pursuant to applicant's request to continue the item to March 11, 1997, staff recommends that Conditional Use permit No. 96-10 and Development Review No. 96-9 be continued to March 25, 1997. Chair/Goldenberg arrived and assumed the Chair. James Bartley, 411 Carpio Drive, stated that he feels the previously proposed barn structure is unsightly. He does not understand why antennas have to be placed in a residential area. Horacio Briz, 420 Carpio Drive, asked the height of the antenna, whether the City has conducted studies related to the impact on the neighborhood, and if night lighting is proposed. He stated that the project will impact the neighborhood and the residents do not want the type of building that has been proposed to be located .in the neighborhood. The residents will fight against the project. Mel Davis, 419 Carpio Drive, stated he is against the project which conflicts with the General Plan zoning. He indicated that he purchased his property 20 years ago primarily for the view of the hills and mountains, not a view of any antennas which may or may not have blinking red lights due to excessive height. He asked if the City has imposed a height and size limit for antennas, and if not, why not? He said he does not understand why the City would want to place antennas above ground less than one mile from a City beautification project that involves undergrounding utilities. He.further stated he is concerned about the City proposing to remove and ingress/egress map restriction to Armitos Place. He suggested the City consider a Golden Springs Road ingress/egress or a westerly access road which would parallel the SR60 freeway to the Diamond Ranch High School. If the applicants feel this facility is necessary they should consider placing it on the Diamond Ranch High School property in order to financially benefit the community. He said he understands the property contains a deed restriction which requires the property owner to secure written approval from a percentage of neighborhood property owners prior to development of the property. He asked if such an approval had been submitted to the City. He urged the Commission to deny the project. Pat H., 540 Macenta Lane, asked if the.proposed project will create additional interference with her television transmission. Mary and Doug Yuen, 379 Armitos Place, stated they are opposed to the project. She presented a petition containing FEBRUARY 25, 1997 PAGE 3 PLANNING COMMISSION signatures of five neighbors residing adjacent to the project. She indicated her neighbors are concerned that their views will be obstructed by the barn structure. In addition, the residents are concerned about the long term health impacts from constant low level radiation exposure and about the reduction of property values. She asked the Commission not to set a precedent by allowing residents to place antennas in their back yards. She indicated that neighboring city officials told her antennas would not be allowed on residential properties in their communities. She asked the Commission to follow a policy of "prudent avoidance" such as the one practiced by San Diego which states that "wireless communications facilities, due to perceived concerns about health impacts, should not be located in areas where people would be exposed to them for prolonged periods of time". She suggested the antennas be placed on City property in order for the City to benefit from the lease payments. She asked the Commission to deny the project. Marie Nguyen, 367 Armitos Place, expressed concerns about -her children's health. She is also concerned about property values. She pleaded with the Commission not to allow the antennas to be placed on.residential property. She suggested the antennas be placed on City owned property instead. Joe Serrano, 365 Carpio Drive, stated he agrees with previous speakers. James Golondzinier, 24339 Northview Place, stated he has no problem with the owner placing a barn on his property. He voiced his concerns that the 19 foot high antennas may need to be higher in the future as technology advances. He asked if the approval will state the maximum number of antennas and the maximum height, width and diameter that will be allowed. He said that his employer (Los Angeles County Fire Department) is concerned about health and safety issues related to EMF's. If any EMF's will be emitted from the proposed site, the project should not be placed in a residential area. C/Schad asked Mr. Golondzinier if there is a possibility of frequency impediment with respect to the adjacent fire station's communications equipment. Mr. Golondzinier stated he does not know the specifics and is not before the Planning Commission as a representative of the Los Angeles Fire Department. He suggested C/Schad contact his employer's communication department. Bruj Sharma, 24356 Darrin Drive, spoke against the project. He stated he believes the party who selected the project site has no regard for the residents. Studies regarding EMF radiation safety concerns are inconclusive. He asked if the applicant can guarantee that residents will not be adversely FEBRUARY 25, 1997 l3.LH�i1 PLANNING COMMISSION impacted. He concurs with other neighborhood residents who feel property will be devalued in the area and that the antennas could be raised to a significantly greater height in the future. He said he believes it is inhumane for the property owner to consider placing antennas in a residential neighborhood for personal financial gain. Edward Le Van, 24365 Darrin Drive, stated he would like to have cellular service in the area. He believes people are objecting to the project out of fear. He said he feels the project should go forward. Helen Britt, 24313 Vista Buena Drive, stated that as a nurse practitioner, she believes it is unconscionable that the City is considering this project. Research indicates that this type of radiation effects children and causes cancer. The incidents of cancer in children is much greater than that of adults. This item should not be continued because it is totally wrong. Chair/Goldenberg explained that a project is approved with certain conditions. An applicant must apply to the City if he/she wishes to make changes to the project after the fact. C/Schad stated some of the citizen's concerns are valid. The type of antennas proposed are very high frequency line -of -site installations that do not pose a significant emission risk. He suggested that in addition to southerly and westerly exposure, this location could accommodate northerly transmission. He said that in his opinion, this form of communication would not be detrimental to individual health and safety. He asked to know the frequency and power transmission. He suggested the existing light towers be considered as facilities for housing communication antennas. If the antenna structures were placed closer together, the power conditions could be reduced by about 75 percent. C/Fong encouraged the applicant to locate an alternate project site. VC/Ruzicka moved, C/Schad seconded, to continue Public Hearing Conditional Use Permit 96-10 and Development Review 96-9 to March 25, 1997. Without objections, the motion was so ordered. 2. Development Review No. 97-1, a request (Pursuant to Code Section 22.72.010 and 22.72.020(4) to convert an existing Unocal service station to an unattended retail gas station with the existing service bays remaining operational. The fueling function of the facility will be operated completely without attendant participation similar to commercial "cardlock" type facilities. The site will be monitored by a "host site" which is available to assist customers audibly via FEBRUARY 251 1997 PAGE 5 PLANNING COMMISSION an intercom and visually via a security camera which will monitor all functions 24 hours per day, 7 days per week. Project Address: 2875 Diamond Bar Boulevard (Northwest corner Diamond Bar Boulevard and Cold Springs Lane) Applicant: Tait & Associates, Inc., 1100 Town and Country Road #1200, Orange, CA 92868 Property Owner: Diamond Bar Plaza, 954 Schumacher Drive, Los Angeles, CA 90048 SP/Johnson presented the staff report. Staff recommends that the Planning Commission approve Development Review No. 97-1, Findings of Fact and conditions as listed within the attached resolution. Chair/Goldenberg opened the Public Hearing. Joe Ingram, 2875 S. Diamond Bar Boulevard, stated he is the project's Dealer. He favors the proposed project because., it will eliminate the need for him to provide an eveng attendant. He said he feels the on -site security cameras will provide a measure of safety for the night time customers. John Murphy, 76 Products Company, 7 Capobella, Irvine, CA 92614, asked that the Planning Commission approve the project as proposed. He stated he has read staffs report and concurs with the conditions of approval. He asked for clarification of the one year review condition and the condition requiring the submission of a 30 day lighting plan. CDD/DeStefano responded that the status of the project will be reviewed by the Planning Commission through the public meeting process. He confirmed that the lighting plan is to be submitted within 3o days prior to the plan check process. Mr. Murphy thanked SP/Johnson for her professionalism and spirit of cooperation. He said it has been a pleasure for him to work with a business -friendly City. Mr. Murphy responded to VC/Ruzicka that the project lighting will be upgraded to current standards which will present no impact to the adjacent residential areas. The primary feature of the upgraded station will be the ability for the unattended machines to receive cash as well as, credit cards. Mr. Murphy confirmed to C/Schad that the machines will accept only exact change. Mr. Ingram confirmed to C/Fong that the station will provide free water and air. Chair/Goldenberg closed the public hearing. FEBRUARY 25f 1997 PAGE 6 PLANNING COMMISSION VC/Ruzicka moved, C/Schad seconded, to approve Development Review No. 97-1, Findings of Fact and conditions as listed within the resolution. Without objections, the motion was so ordered. PLANNING COMMISSION ITEMS - None INFORMATIONAL ITEMS: 1. Development Code Town Hall Meeting Update: The Commission concurred to schedule the TownIiall Meeting for March 22, 1997 from 9:00 a.m. to 12*00 noon at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive. The Commission supported staff's list of potential discussion topics for the meeting. ADJOURNMENT: At 8:40 p.m., there being no further business to come before the Planning Commission, Chair/Goldenberg adjourned the meeting to March 11, 1997. Respectfully Submitted, James DeStefano Community Development Director Attest: Michael Goldenberg Chairman CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners n FROM: James DeStefano, Community Development Direc��lM� SUBJECT: Reorganization of the Planning Commission DATE: March 11, 1997 According to City Ordinance No. 25D (1989) and the Planning Commission's Manual, the Planning Commission shall, at its first regular meeting in March of each calendar year, elect a chairman from among its appointed members for a term of one (1) year, and may create and fill such other offices as it may determine. For the Planning Commission, such office is the vice chairman. At the March 11, 1997 planning commission meeting, the chairman will relinquish the gavel to the Commission's secretary. Nominations for and the election of the chairman will take place. The gavel will be awarded to the newly elected chairman and nominations for and the election of the vice chairman will take place. Recommendation: It is recommended that the Planning Commission consider and elect a chairman and vice chairman from its membership. Attachment: City Council Ordinance No. 25D (1989) Page 7 - Officers from Planning Commission Manual, June 10, 1996 \mco ORDINANCE NO. 25D (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PLANNING COMMISSION " The,City Council of theCity of Diamond Bar does ordain as follows: Section 1: Section 5(g) of Ordinance No. 25 (1989), as heretofore amended, of the City Council of the City of Diamond Bar hereby is amended to read, in words and figures, as follows: "(g) The"Planning Commission shall,'at its first regular meeting in March of each calendar year, elect a chairman from among its appointed members for a term of one (1)"year, and may create and fill such other offices as it may determine and shall hold regular meetings at least once a month and other meetings at such additional times as are deemed necessary." Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. ADOPTED, AND APPROVED this 21st day of April , 1992. OR 2, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar he on Itu day 'of April , 1992, and was finally passed at a regular meeting of the City Council 'of the City of Diamond Bar held on the 21st day of ril , 1992, by the following vote: ' AYES:. COUNCILMEMBERS: Miller, Weiner, Forbing Mayor Pro Tem Papen, Mayor Kim NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None ATTEST:kkod O� Cit Clerk of the City of Diamond Bar 12. View the public hearing as an example of basic .democracy �. in action at the local level. Make it your personal goal to have a successful public hearing. Individuals should feel treated fairly- and believe the Commission had all the facts, was open in its deliberations and acted accordingly. An individual should not dominate the meeting and there should be sufficient time for all to speak. Individuals should not leave the meeting feeling disenfranchised. Officers The Planning Commission should, at its first regular meeting in March of each calendar year, elect a chairperson and vice chairperson from among its members for a term of one year. The Commission may create and fill such other offices as may be deemed necessary. The chairperson shall. be the presiding officer at all meetings. In the absence of the chairperson, the vice chairperson shall preside. In the absence of the vice chairperson, the Commission shall elect a temporary presiding officer to serve until the arrival of the chairperson or vice chairperson or adjournment. If the chairperson's and vice chairperson's positions are vacated, the Commission shall elect officers far the balance of the term. The chairperson shall sign resolutions and documents approved by the Commission at meetings where he/she is in attendance. In the chairperson's absence,. the vice chairperson shall sign all such documents as have been adopted and approved. In the absence of the chairperson and the vice chairperson, the temporary presiding 'officer shall sign all such documents as have been approved and adopted during the meeting at which he/she presided. The chairperson or presiding officer is responsible for .the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the chairperson. A11 questions and remarks should be addressed to the chairperson. Meetings shall be conducted according to �tobert's Rules of Order. If necessary a Sergeant at Arms -may be appointed by the Planning Commission Secretary. The chairperson may appoint special subcommittees of less than a quorum of the Commission. Tk�e subcommittee may meet to carry out their assigned tasks, to discuss future projects, future ordinances, and future agendas. uorum A quorum consists of a majority of the members of _the Planning Commission and is sufficient to conduct business. A quorum is ,. required to conduct business at any meeting whether it is a regular or special meeting. While a Commissioner is expected to June 10, J996 % CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: James DeStefano, Community Development Direc t 1�0 SUBJECT: Reorganization of the Planning Commission DATE: March 11, 1997 According to -City Ordinance No. 25D (1989) and the Planning Commission's Manual, the Planning Commission shall, at its first regular meeting in March of each calendar year, elect a chairman from among its appointed members for a term of one (1) year, and may create and fill such other offices as it may determine. For the Planning Commission, such office is the vice chairman. At the March 11, 1997 planning commission meefing, the chairman will relinquish the gavel to the Commission's secretary. Nominations for and the election of the chairman will take place. The gavel will be awarded to the newly elected chairman and nominations for and the election of the vice chairman will take place. Recommendation: It is recommended that the Planning Commission consider and elect a chairman and vice chairman from its membership. Attachment: City Council Ordinance No. 25D (1989) Page 7 -Officers from Planning Commission Manual, June 10, 1996 \mco ORDINANCE NO. 25D (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989), AS HERETOFORE AMENDED, CONCERNING THE SELECTION OF A CHAIR AND OTHER OFFICES OF THE PLANNING COMMISSION The,City Council of the City of Diamond Bar does ordain as follows: Section 1. Section 5(g) of Ordinance No. 25 (1989), as heretofore amended, of the City Council of the City of Diamond Bar hereby is amended to read, in words and figures, as follows: �+(g) The Planning Commission shall,' at its first regular meeting in March of each calendar year, elect a chairman from among its appointed members for a term of one (1) year, and may create and fill such .• "j other offices as It may determine and shall hold regular meetings at least once a month and other . meetings at such additional times as are deemed necessary." Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. ADOPTED, AND APPROVED this 21st day of April , 1992. I, LYNDA BURGESS, City Clerk of the City of Diamond •Bar, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the -City of Diamond Bar held on the _ 7th_ day 'of April , 1992, and was finally passed at a regular meeting of the City Council*of the City of Diamond Bar held on the 21st day of April 1992, by the following vote: AYES: COUNCILMEMBERS: Miller, Weiner, Forbing Mayor Pro Tem Papen, Mayor Kim NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None ATTEST: _ Cit Clerk of the City of Diamond Bar