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10-03-2006 PLANNING COMMISSION Minutes CITY OF CHINO HILLS PLANNING COMMISSION MEETING/PUBLIC HEARING MINUTES October 3, 2006 CHINO HILLS COUNCIL CHAMBERS 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA COMMISSIONERS PRESENT STAFF PRESENT Mike Braun Dan Joseph Abe Hovsepian Bradley E. Wohlenberg Karen Bristow Zai Abu Bakar Ryan Gackstetter Henry Noh COMMISSIONERS ABSENT Winston Ward Adam Eliason Steve Nix Art Bennett Myrna Medina The Planning Commission Meeting of October 3, 2006, was called to order at 7:00 PM by Chairman Bristow, who then led the audience in the Pledge of Allegiance. ITEM #4 - PUBLIC COMMENTS None. . ITEM #5 - CONSENT CALENDAR a. Minutes: September 5, 2006 b. Minutes: September 19, 2006 COMMISSION ACTION: The Planning Commission approved Items 5a and 5b. MOTION: Braun SECOND: Bristow AYES: Braun, Hovsepian NOES: None ABSENT: Eliason, Bennett ABSTAIN: Hovsepian I Planning Commission Minutes—October 3, 2006 1 ITEM #6 -ACTION ITEMS i None ITEM #7 - PUBLIC HEARING a. CASE NO: Conditional Use Permit 05CUP02 (continued to October 17, 2006 meeting.) APPLICANT: Cingular Wireless PROPOSAL: A request for approval of Conditional Use Permit 05CUP02 to allow the construction of six (6) steel poles wireless communication facilities for personal cell phone use. LOCATION: City-owned water reservoir (R-1) located north of Live Oak Road. Assessor's Parcel Number 1023-141-22. RECOMMENDATION: Staff recommends that the Planning Commission continue this item to October 17, 2006. I , Chairman Bristow opened the public hearing. Ron Hershey, 15527 Live Oak Road. Mr. Hershey stated that his private driveway was being used to access the communication facility. Mr. Hershey requested a written agreement from the City that outlines the different parameters that apply to such matter. Mr. Hershey also requested that City staff be responsible for keeping the landscaping debris off his driveway. Chairman Bristow suggested that Mr. Hershey speak with staff to establish a condition, in terms of using his driveway to access the water tank. Mr. Hershey also expressed some concerns about nighttime access to the water tank. Commissioner Braun directed staff to meet with Mr. Hershey, before the next Planning Commission meeting, to address his concerns. Commissioner Braun also encouraged Mr. Hershey to attend the next Planning Commission meeting when the public hearing is held regarding this item. Malosi Taeleifi, 15739 Pistachio Street, a 17-year resident of Chino Hills. Mr. Taeleifi indicated that he lives just around the corner from Mr. Hershey and he supports the installation of the communication facility on Live Oak Reservoir. Mr. Taeleifi indicated that the proposed antenna would be beneficial for the area, and encouraged the City to work with Mr. Hershey to resolve his concerns. Planning Commission Minutes—October 3, 2006 2 1 COMMISSION ACTION: The Planning Commission moved to continue 05CUP02 to the next meeting of October 17, 2006. MOTION: .Braun SECOND: Hovsepian AYES: Braun, Hovsepian, Bristow NOES: None ABSENT: Eliason, Bennett ABSTAIN: None b. CASE NO: Conditional Use Permit 06CUP03 APPLICANT: Cingular Wireless PROPOSAL: A request for approval of Conditional Use Permit 06CUP03 to install two (2) panel antennas on a new light standard, which will replace an existing Southern California Edison street light at the intersection of Glen Ridge Drive and Hawthorn Avenue. As part of the project, an underground vault will be constructed on Hawthorn Avenue to house four (4) equipment cabinets. LOCATION: Within the public right-of-way at the intersection of Glen Ridge Avenue and Hawthorn Avenue. RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution approving Conditional Use Permit 06CUP03 based on the findings of fact as listed in the Resolution and subject to the Conditions of Approval. Administrative Technician Ryan Gackstetter gave the presentation. Commissioner Hovsepian asked for clarification on the height of the light standard. Mr. Gackstetter indicated that the current street light standard is 25' in height. Chairman Bristow indicated that in the past the Planning Commission had expressed concerns about the aesthetics of cell sites and had requested they be disguised. She then asked when had staff decided to stray from that issue. Assistant Community Development Director Abu Bakar indicated that the Development Code allows the antennas to be located on existing utility structures. She also indicated that there were other antennas in other areas of the community but not on Edison's light standard and that placing them on Edison's light standard was a new trend. Assistant Director Abu Bakar provided a comparison in terms of size of the pole and the actual radom itself. Planning Commission Minutes—October 3, 2006 3 Chairman Bristow asked the applicant to come up to the podium and introduce himself. ^_._1 , f Marvin Callejas, BMS Communications, representing Cingular. Mr. Callejas responded to the Commission's question regarding the height of the retaining wall which is about 3' high to retain the slope. Mr. Callejas explained that the terrain in that area is not very level and placement of the wall would allow them to level a small portion of that area and then place -the vault underground. He also indicated that Cingular had reviewed various locations and the street light was a preferred location. Additionally, he indicated that the size of the pole from the base to the top is the same diameter for the new light pole. Chairman Bristow asked if the material being used for the base was rock-concrete like other sites we have. Mr. Callejas responded affirmatively. Chairman Bristow called Mary Wood to the podium. Ms. Wood lives at 3617 Glen Ridge Drive and adjacent to the proposed facility. Ms. Wood opposed the project and stated that she dislikes the aesthetics. Ms. Wood, also indicated that families live in that area and her neighborhood is filled with children who play outside every night. She indicated that the location of the antenna is right in front of her neighbor who just finished a beautiful remodel on their home. Ms. Wood stated her concerns about the effect of the radio waves on children, and a decline in property values if the antenna is placed in her neighborhood. She pleaded for the Commission not to approve the project. �1 I f Chairman Bristow indicated that there are elements of the antennas that the City does '—' not have any control over and stated that the City has some control over the aesthetics. Chairman Bristow acknowledged that the antennas that were approved in the past are like pine trees, windmills, and water towers, which are probably not appropriate in the street. Chairman Bristow asked Assistant City Attorney Wohlenberg to provide information on the items that the City has control over. Assistant City Attorney Wohlenberg indicated that the original version of the law was passed in the 1800s which allows communication facilities to be placed in the public right-of-way without any say of the city. The law was meant to help build out the telegraph and then the telephone system, and now it is being used to build out the wireless system. If somebody wants to place a communication facility in the right-of-way, they have a right under state law to do that. The City has some control over the aesthetics of the facilities. Recently one federal court stated that cities could not control the aesthetics, and then a state court said, no. Under state law you can consider restrictions of aesthetic values through what is called Time, Place and Manner Restrictions. Currently, the City's Municipal Code has standards for aesthetics. One of the standards is co-location and concealed facilities, if possible, and the proposed antennas meet most of the parameters as set in the Municipal Code. Assistant City Attorney further indicated that this is sort of a judgment call for the Planning Commission to decide whether the proposed antenna meets the standards. Based on staffs reviews, it appears that the proposed antenna meets the 1 1 Planning Commission Minutes—October 3, 2006 4 standards. Regarding radio waves, Assistant City Attorney indicated that federal law prohibits the City from considering the health effects of these facilities. The Federal Communications Commission set a standard and then Congress enacted this 1996 Telecommunications Act that says we cannot consider the health effects but we can consider that it would cause a decrease in property values. The next speaker was Mr. Ruben Zendejas, who lives at 3643 Glen Ridge Drive. Mr. Zendejas is a 21-year resident of Chino Hills and indicated that he is totally against the project because of concerns on aesthetics, health, safety effects from radio waves, and an increase on graffiti. Mr. Zendejas indicated that the tower with high voltage would be located less than 75' from his house. He explained that over the last four years he had spent close to $130,000 on improvements on his house. Mr. Zendejas requested that Cingular look at alternate sites such as the school site or the water tower. Mr. Hovsepian indicated that generally the locations for the antennas are selected because they are only effective from the line of sight. If you cannot see the antenna, there will not be cell coverage. Chairman Bristow called Mr. Taeleifi to the podium. Mr. Malosi Taeleifi spoke in favor of Mr. Zendejas. He indicated that Cingular needs to find alternate locations that would be more feasible and friendly to the residents to alleviate their concerns. Mr. Hovsepian asked staff if Cingular had evaluated alternate sites before choosing the proposed location. Assistant CD Director Abu Bakar indicated that Cingular was requested to look at other locations in the area, and then asked the Applicant to elaborate on the subject. Mr. Callejas, a representative for Cingular, indicated that other locations that were evaluated by Cingular do not provide adequate coverage due to the line of sight, and further stated that because of the terrain in Chino Hills, Cingular needs a few more sites to provide adequate cell coverage in the area. Assistant City Attorney Wohlenberg requested that the applicant clarify the position of the antennas, to which Mr. Callejas responded that the antennas are pointed down the street, mostly east and west. The antennas are directional antennas with two panels. The Commission discussed alternate locations, including the possibility of locating antennas on the street light in the median. Mr. Callejas indicated that Southern California Edison does not allow Cingular to place antennas on street lights except on Edison's standard. Chairman Bristow closed the public hearing and asked for the Commission's discussion. The Commission agreed that they were not convinced that Cingular made significant efforts to review alternate sites. The Commission asked about the Federal Communication Commission Safety Standard in terms of placement of antennas to which Assistant City Attorney Wohlenberg indicated that the FCC Safety Standard is 10 Planning Commission Minutes—October 3, 2006 5 meters laterally and 3 meters vertically, so, if there's essentially 10 feet of lateral clearance and 33 feet of clearance on the top and bottom and then the sides of the facility, that is the extent of what the FCC says is the effect of the emissions from the tower. After further discussion on the project, the Commission decided to continue discussion of this project to a future meeting date so that the Applicant can come back with information on alternate sites. Assistant COMMUNITY DEVELOPMENT Director Abu Bakar asked the Applicant for the most feasible date for Cingular to come back. Mr. Callejas indicated that November 7, 2006, would be fine as that would allow them enough time to complete the Radio Frequency (RF) study. COMMISSION ACTION: The Planning Commission requested 06CUP03 be continued for 30 days to the next meeting of November 7, 2006 and that the applicant look into alternate locations. MOTION: Braun SECOND: Hovsepian AYES: Bristow, Braun, Hovsepian NOES: None ABSENT: Eliason, Braun ABSTAIN: None ITEM #8 - STAFF PRESENTATIONS a. Update on 15461 Painter Ave. l Assistant Director Ward updated the Commission. The permits for the project expired on January 24, 2006, due to inactivity. After resubmitting, the new plans were approved by the Planning and Building Divisions on August 28, 2006. A new permit was issued on August 28th for a covered deck structure and an attached patio cover. The current plan as approved meets all required setbacks, lot coverage, building coverage and height restrictions. Under our current Building Code the applicant has 180 days from the day of permit issuance to complete the project. The applicant could request an additional one (1) time 180-day extension, if he so desired. In the near future, staff will be bringing forward some policy adjustment considerations regarding the City's design review process. At that time, the Commission may wish to request that staff include this type of construction projects, projects that take place on highly visible through-lots and include those within the Design Review process. Chairman Bristow commented on the finished product. Assistant COMMUNITY DEVELOPMENT Director Ward suggested withholding judgment until the project was finished, and stated that once done, it should not look the way it currently does. However, the mass and size of the structure would remain the same. n Planning Commission Minutes—October 3, 2006 6 ITEM #9 - COMMISSION INFORMATION a. City Council Unofficial Action Agenda of September 26, 2006. For Commission information only. No action is required. b. Mandatory Ethics Training. Assistant COMMUNITY DEVELOPMENT Director Abu Bakar said that according to the City Clerk, any training the Commission attends must be approved by the For Political Practice Commission. The Commission member must bring back a certificate as proof of attendance. The Commission discussed the possibility of the City providing in-house training. Assistant City Attorney Wohlenberg indicated that he and Assistant COMMUNITY DEVELOPMENT Director Abu Bakar would follow up with the City Clerk regarding the possibility of doing the training in house. ITEM #10 - COMMISSIONER COMMENTS Commissioner Braun indicated that he will not be at the next two meetings because of prior work commitments. ITEM #11 - STAFF COMMENTS None. The Planning Commission Meeting of October 3, 2006, was adjourned at 8:17 PM to the next regularly scheduled meeting. t7t/.6 )/4—c4.--7,--1.2, Myrna edina Administrative Secretary I Planning Commission Minutes—October 3, 2006 7