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HomeMy WebLinkAbout10/14/2014 MinutesMINUTES OF OF ' # ! BAR MEETING OF a COMMISSION OCTOBER 14,2014 Chairman Frank Farago called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Jimmy Lin, Ruth Low, Jennifer "Fred" Mahlke, Peter Pirritano, and Chairman Frank Farago Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Josue Espino, Assistant Planner; and Stella Marquez, Administrative Coordinator. DECLARATION: Commissioner Pirritano declared in writing that due to recent surgery he would be unable to speak during tonight's meeting and would participate using a writing board to be verbally interpreted by staff. All votes, comments and responses will be recorded as having been spoken by Commissioner Pirritano in this manner for purposes of recordation of these minutes. 2. REORGANIZATION OF PLANNING COMMISSION - Selection of Vice Chairman C/Low nominated C/Lin to serve as Vice Chairman of the Planning Commission. C/Pirritano seconded the motion. There were no other nominations offered. C/Lin was unanimously selected to serve as Vice .Chairman of the Planning Commission by the following Roll Call vote: C/Low Yes C/Mahlke Yes C/Pirritano Yes C/Lin Yes Chair/Farrago Yes 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 4. APPROVAL OF AGENDA: As presented None OCTOBER 14, 2014 5. CONSENT CALENDAR: PAGE 2 PLANNING COMMISSION 5.1 Minutes of the September 9 2014 Regular Meeting. VC/Lin moved, C/Pirritano seconded, to approve the September 9, 2014, regular meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 6. OLD BUSINESS: 7. NEW BUSINESS COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 8. PUBLIC HEARING(S): None None Pirritano, VC/Lin, Chair/Farago None Low, Mahlke None 8.1 Conditional Use Permit No. PL2014-86 - Under the authority of Diamond Bar Municipal Code Section 22.58, applicant Peter Hilger, Cable Engineering Service, requested a Conditional Use Permit for a new wireless telecommunications facility consisting of six (6) panel antennas, 12 remote radio units, and two (2) surge protectors on a new wood utility pole and related equipment, in the public right-of-way in close proximity to 3000 Brea Canyon Cutoff Road. The subject size is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential (RL). PROJECT ADDRESS: City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 PROPERTY OWNER: City of Diamond Bar Diamond Bar, CA 91765 APPLICANT: Peter Hilger Cable Engineering Service 10640 Sepulveda Boulevard Mission Hills, CA 91345 AP/Espino presented staffs report, and recommended Planning Commission approval of Development Review No. PL2014-86, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Lin asked the applicant why the City would have to wait for five years to abandon the existing equipment. Peter Hilger, applicant, responded that by law, OCTOBER 14,2014 PAGE 3 PLANNING COMIMISSIOR there is a minimum five year wait for abandonment of the equipment because it is not obsolete and provides service generally to elderly individuals and remains an integral part of the AT&T network. In fact, he would ask that the condition be amended to include "if it would not create a significant gap in coverage" because this coverage has to be maintained until it is no longer of use and no longer required. Chair/Farago opened the public hearing. Peter Hilger, Cable Engineering Service, speaking on behalf of AT&T said he was present to request Planning Commission approval of this plan. This will fill a significant gap in the coverage of the AT&T network and by allowing placement of this site it will offer better and more robust coverage in the area and will also introduce the third generation (NTS) and 4G (LTE) to this area and provide compliance with the rest of the network. This increased coverage gives customers more options for smart phones and provides additional calling options and capacity. Condition 7 a. on Page 11 of the resolution states that "structural design based on soils reports shall be submitted and approved for plan check for the monopole design" and this is a utility pole over which the City has no jurisdiction. Utility poles are with the purview of the Utilities Commission under General Order (GO) 95 and as such would not be within the City's purview for review. Chair/Farago asked Mr. Hilger about the schedule for completion to which he responded that the company hopes to have construction scheduled and completed within the next six months. C/Low asked Mr. Hilger how it works that there is in -transit signal within the outdoor signal and Mr. Hilger responded that while he is not a radio frequency engineer his knowledge of that is that the in -transit signal passes through windows which have metal built into them and through metal cars whereas, an outdoor signal has no obstruction other than the ambient trees and surrounding environment. The in -transit signal is able to penetrate a vehicle and allow conversation and data exchange. The signal would be spotty in the purple zone which is a zone of dropped calls and signals which is due to surrounding topography (hills and valleys). C/Low asked where the closest station to the proposed pole currently resides and Mr. Hilger pointed to the red area just below the black circle on the map which is almost in the center of two facilities. C/Low asked if Mr. Hilger anticipated the need for an additional pole in the near future and Mr. Hilger said he was not able to speak to that issue at this time; however, coverage capacity may dictate the need for an additional pole if traffic and/or coverage demand increases. C/Low asked if this pole can service other carriers and Mr. Hilger said his company would allow for that; however, it is a utility pole and there are utility and cable wires on it so there may not be any room for additional carriers. C/Low asked if the wires were above ground and would be OCTOBER 14, 2014 PAGE 4 PLANNING COMMISSION significantly larger than the wires that reside on the pole that will be abandoned and Mr. Hilger responded that the wires would be run under the street and up the side of the pole into risers (conduits) which allow for the cabling to go through. C/Low asked if Cable Engineering Service had provisions for making the wires that run up the poles safe from injuring pedestrians and Mr. Hilger explained that those wires are not energized. Any wiring that is energized would be shielded within the conduit. In addition, the cable has insulation that shields individuals from stray radio frequency emissions. VC/Lin asked if the existing pole was owned by Edison and Mr. Hilger said that The Southern California Joint Pole Association is the owner of the pole and those who use the pole are tenants. Edison may have built the pole but it is owned by the group. VC/Lin asked who would have authority over replacement of the pole and Mr. Hilger explained that when a utility needs to replace a pole they notify the other members of the JPA and the JPA makes comments and it would be a joint project. In this instance, because AT&T needs the space, it buys the pole but it belongs to the group. VC/Lin asked staff if the City has any certification that the joint group concurs with this replacement and Mr. Hilger responded that he did not recall submitting a JPA form to the City and did not know if it was a requirement. Edison, AT&T and Verizon are all members and equal owners and partners in the distribution pole. AP/Espino said that staff has a signature as a JPA agent. Mr. Hilger said that their company is custodian of the JPA records and would receive notice if the records were not in compliance. Chair/Farago closed the public hearing. CDD/Gubman recapped the applicant's request for amendments to the approval as follows: Page 6 of the resolution, Condition of Approval No. 6 requires that the existing telecommunications pole located to the southeast of the proposed pole be removed within five years of approval of this Conditional Use Permit. The applicant has stated that the existing pole houses technology that is not yet obsolete and is currently being used by certain customers who may still have a need for that technology beyond five years. Mr. Hilger stated that this is a service that AT&T would like to make obsolete and would be willing to do so provided it would not cause a significant gap in coverage. Chair/Farago said the condition states that if in AT&T's opinion the pole needs to remain in place longer than five years the resolution requires removal within five years or be subject to a fine and based on what Mr. Hilger said earlier, he did not want to modify the resolution. CDD/Gubman stated that the next condition referenced is on Page 11 — General Condition No. 7 which requires a structural design based on a soils report and the applicant has indicated that the City is preempted from imposing such n requirement because this is a utility pole under the jurisdiction of the Public Utilities Commission. In light of that and because he does not have any way to fact check that statement, although he has no reason to doubt what the applicant says is correct, CDD/Gubman said he would propose that that condition be appended at the end to read: "unless deemed inapplicable by the Community Development Director." C/Low said that if it is preempted that condition would be void as a matter of law so that language would not be necessary. C/Low moved, C/Pirritano seconded, to approve Conditional Use Permit No. PL2014-86, based on the Findings of Fact, and subject to the conditions of approval as amended by staff and by adding "unless deemed inapplicable by the Community Development Director" at the end of the sentence. VC/Lin said that typically, the CPUC governs if the right-of-way belongs to the utility companies but in this particular case, the right-of-way belongs to the City. Rob Searcy, Cable Engineering Service, said he felt it was a matter of semantics. The City definitely administers the right-of-way. Ownership of the right-of-way is to the public and for the public benefit and for the benefit of conveyance of utilities and for commerce and for traversing the right-of-way and access through for the public. The Public Utilities Commission has established general orders that dictate certain elements that are under the purview of the Public Utilities Commissions where they establish standards and one of the established standards that they have is for wind loading of utility poles that is completely exempt and referred to local jurisdictions. It dictates local wind speeds, lateral movement and how that lateral movement is solidified and Cable Engineering Service is required to accommodate those under GO 95 and that, typically, is not under any local jurisdiction. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Low, Mahlke, Pirritano, VC/Lin, Chair/Farago NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Low welcomed Commissioner Mahlke to the Planning Commission and hoped she would enjoy being with her colleagues. C/Mahlke said she was happy to be with the Planning Commission. She got her homework from CDD/Gubman and has been studying the information. She has heard only wonderful things about the Planning Commission and looks forward to working with everyone. OCTOBER 14, 2014 PAGE 6 PLANNING COMMISSION Chair/Farago, VC/Lin and C/Pirritano welcomed C/Mahlke to the Commission. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future protects. CDD/Gubman stated that the next scheduled Planning Commission meeting is October 28 with one item scheduled for a second story addition to a residence on Rio Lobos. The next normally scheduled meeting would fall on Tuesday, November 11 which is Veterans Day and City Hall will be closed so that meeting will not take place which makes the next meeting November 25. On that agenda staff believes that the new commercial building on the vacant pad across the parking lot from Chili's will be ready for Public Hearing. In addition, staff contemplates a public hearing for another residential addition on Rio Lobos. CDD/Gubman reported that the Shell Station at Palomino and Diamond Bar Boulevard is expected to be open in about 10 days (October 24). The City is still in Court attempting to recover expended legal fees during the Receivership process. CDD/Gubman further reported that the Walmart Neighborhood Market is on schedule for a mid-March 2015 opening. C/Pirritano asked if staff heard about the Kmart closing and stated the residents need a town center and CDD/Gubman said that staff concurs. CDD/Gubman said that staff does not yet know what Sears Holdings (parent company of Kmart) intends to do. The City and the property owner have similar economic goals; however, Sears Holdings, through their property lease, controls the building. The lease contains an option for leasing the building an additional 30 years and even though Kmart is closing. Sears Holdings may still have control over the lease and the ability to sub -lease it to other tenants and are currently asking for $10 million to be bought out of their lease which is too far off of the price the property owner is willing to pay to buy out the lease. VC/Lin said he was approached by an applicant whose project in The Country was approved by the Planning Commission shortly after VC/Lin joined the Commission and he commented that he was still trying to get his project approved because he ran into a lot of hurdles with outside (non -City employee) plan checkers. VC/Lin asked how long plan check usually takes and CDD/Gubman said it depended on the applicant and that VC/Lin heard one side of the story when there is possibly another side to the story. VC/Lin said the project was a tear down and replacement of a home on Steeplechase. • •: ,. i •,; � STT 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Farago adjourned the regular meeting at 7:38 p.m. The foregoing minutes are hereby approved this 28th day of October, 2014. Attest: Respectfully Submitted, Greg Gubman Community Development Director