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10-17-2006 PLANNING COMMISSION Minutes CITY OF CHINO HILLS PLANNING COMMISSION MEETING/PUBLIC HEARING MINUTES October 17, 2006 CHINO HILLS COUNCIL CHAMBERS 2001 GRAND AVENUE ' CHINO HILLS, CALIFORNIA COMMISSIONERS PRESENT STAFF PRESENT Art Bennett Dan Joseph Abe Hovsepian Bradley E. Wohlenberg Karen Bristow Zai Abu Bakar Ryan Gackstetter Henry Noh Winston Ward Myrna Medina COMMISSIONERS ABSENT Michael Braun Adam Eliason The Planning Commission Meeting of October 17, 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: October 3, 2006 COMMISSION ACTION: The Planning Commission approved Item 5a with the following stipulation a) Commissioner Bennett was not present at the October 3rd meeting and should be noted as absent on the motion for item 7a; b) Commissioner Braun made the motion, yet is shown as being absent. MOTION: Hovsepian SECOND: Bristow AYES: Hovsepian, Bristow NOES: None ABSENT: Braun, Eliason ABSTAIN: Bennett ITEM #6 -ACTION ITEMS None. Planning Commission Minutes—October 17, 2006 1 ITEM #7 - PUBLIC HEARING a. CASE NO: Conditional Use Permit 05CUP02 (continued from I October 3, 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 adopt a resolution approving Conditional Use Permit 05CUP02 based on the findings of fact as listed in the Resolution and subject to the Conditions of Approval. Chairman Bristow opened the public hearing. Administrative Technician Gackstetter gave the presentation on the project, 1 which is on file. Commissioner Bennett asked if the license agreement would be affected since the adjacent property owner passed away. Assistant Community Development Director Abu Bakar indicated that the license agreement should not be affected because the City is the property owner of the land where the access road and water reservoir are located. Commissioner Bennett asked if staff had met with Mr. Hershey to address his concerns. Administrative Technician Gackstetter indicated that staff had met with Mr. Hershey on Thursday, October 12th and addressed his concerns regarding access to the water tank facility and landscape maintenance. Apparently Cingular Wireless did not always contact the City for access to the site but instead contacted Mr. Hershey directly. As part of the City's license agreement, Cingular Wireless is required to contact City personnel and be accompanied at all times when performing any kind of maintenance or repair on the facility. In terms of landscape maintenance along the access road, staff contacted Public Facilities and Operations and asked the supervisor to make sure that area was maintained and added to the list of regularly maintained areas. Chairman Bristow asked if the license agreement would include standard conditions in terms of time restrictions for maintenance and repair and the fact that Cingular Wireless is required to be accompanied by City staff when on site. Administrative Technician Gackstetter indicated that the license agreement , Planning Commission Minutes—October 17, 2006 2 N ' would, in fact, include the standard conditions, which include time restrictions for maintenance and repair, as well as requiring them to be accompanied by City staff at all times. Chairman Bristow opened the public hearing. Mr. Tom Hanna a representative from Cingular Wireless requested clarification on the Conditions of Approval on whether or not Cingular Wireless was required to obtain a separate access agreement. Principal Planner Noh indicated that Cingular Wireless is required to enter into a license agreement, and additionally obtain an access easement document through the City. And since the private driveway is maintained by a private property owner, the City requires that Cingular Wireless enter into an agreement with Mr. Hershey. Mr. Hanna also clarified the Site Plan to indicate that Cingular Wireless had to move the antennas to another location to prevent City staff from any exposure to microwaves when performing any maintenance on the tank. Commissioner • Bennett asked staff if the new location of the antennas was acceptable to staff. Assistant Community Development Director Abu Bakar indicated that the new location was acceptable. Commissioner Bennett indicated that moving the equipment around was better since they will be shielded by vegetation from the nearest residence and surrounding area. Commissioner Bristow asked if the cabinets will be visible from Carbon Canyon Road. Mr. Hanna indicated that there is about 7' to 10' from the edge of the slope to the fence, which allows for pretty good shielding from Carbon Canyon Road. Chairman Bristow closed the public hearing. COMMISSION ACTION: The Planning Commission approved item 7a. MOTION: Hovsepian SECOND: Bennett AYES: Hovsepian, Bennett, Bristow NOES: None ABSENT: Braun, Eliason ABSTAIN: None ITEM #8 - STAFF PRESENTATIONS None. I Planning Commission Minutes—October 17, 2006 3 ITEM #9 - COMMISSION INFORMATION a. City Council Unofficial Action Agenda of October 10, 2006. Commissioner Hovsepian asked about Ethics training. Assistant Community Development Director Abu Bakar indicated that the City Clerk was checking with the City Attorney to see if the training could be done in house. Assistant City Attorney Wohlenberg indicated that his office was doing in-house training for a number of their client cities and is currently working on the dates and details of the in-house training. Commissioner Bennett said he would volunteer to be a trainer if needed. Commissioner Bennett asked if there was going to be a meeting on November 7th, Election Day, to which Assistant Community Development Director Abu Bakar responded affirmatively. ITEM #10 - COMMISSIONER COMMENTS None. ITEM #11 - STAFF COMMENTS I I� None. The Planning Commission Meeting of October 17, 2006, was adjourned at 7:18 PM to the next regularly scheduled meeting. Myrna M=dina Administrative Secretary ' I Planning Commission Minutes—October 17, 2006 4