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HomeMy WebLinkAboutOCTOBER 9, 2007 s",t`�kl i. , MINUTES ' ' ` i 4 ARCADIA CITY PLANNING COMMISSION Tuesday, October 9, 2007, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 9, 2007 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with Chairman Baderian presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Baerg, Beranek, Hsu, Parrille and Baderian ABSENT: None OTHERS ATTENDING Councilman Peter Amundson Community Development Administrator Jason Kruckeberg Associate Planner Tom Li Senior Administrative Assistant Billie Tone City Attorney Stephen Deitsch SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kruckeberg presented a package of additional information relating to both items 1 and 2 on the agenda. It included a revised list of conditions with an added condition on a lease agreement and two letters of opposition to the project, one from Jackson Wang and another from Leona Warden. He noted that the applicants were provided with copies. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS—Five-minute time limit per person None PUBLIC HEARING ITEMS Chairman Baderian said that items 1 and 2 will be covered together in the staff report presentation as well as the subsequent comments by applicants and the public. Mr. Kruckeberg introduced City Attorney Deitsch and Public Works Department representative Dave McVey who were attending in an advisory capacity. ern"'" Al1110 1. PUBLIC HEARING CUP 07-03 and ADR 07-04 Orange Grove Park Royal Street Communictions, LLC (Representative of MetroPCS) Continued from 8-14-07 The applicant has requested a Conditional Use Permit and Architectural Design Review for the installation and operation of a 65-foot tall unmanned wireless telecommunications facility camouflaged as a pine tree (monopine) to support 6 panel antennas and a 2-foot diameter microwave dish antenna with the capability to accommodate additional antennas for other wireless carriers. (The request was modified from the original monopine height of 80 feet.) 2. PUBLIC HEARING CUP 07-10 AND ADR 07-06 Orange Grove Park Omnipoint Communications, Inc. A Subsidiary of T-Mobile USA, Inc. Continued from 8-14-07 The applicant has requested a Conditional Use Permit and Architectural Design Review for the colocation and operation of an unmanned wireless communications facility consisting of 12 panel antennas and a 2-foot diameter dish antenna on an 65-foot tall monopine installed by another carrier. (The request was modified from the original monopine height of 80 feet.) Associate Planner Tom Li presented the staff reports. Commissioner Baerg asked for clarification of references to a future carrier on the drawings and Mr. Li explained that they were referring to the T-Mobile facility. Commissioner Baerg asked about the status of a contract with the city for the use of this site and Mr. Kruckeberg said that the Public Works Department is working with the applicants to develop a lease agreement, but nothing was currently in place. Commissioner Baerg noted that at the last meeting he had requested to see alternate tree designs but they were not provided. Mr. Li said that the applicant felt that pine trees were most appropriate since there are currently 16 pine trees on the site. Commissioner Baerg said that in the future he would prefer to have a response to his requests. Ms. Luci Ibarra, Royal Street Communications, explained that due to time restraints they were unable to provide alternative tree designs. She thanked Mr. Li and Mr. Kruckeberg for their assistance with the process and offered to answer questions on the project. Chairman Baderian asked Ms. Ibarra if they had reviewed the conditions of approval and were willing to comply. Ms. Ibarra said they were. Commissioner Hsu asked about tree trimming to avoid interference with radio signals. Ms. Ibarra said that the Metro PCS facilities are to be placed higher on the pole so trees would not pose a problem for them. PC MINUTES 10-9-07 Page 2 Mr. Michael Boyson represented Omnipoint Communications. Chairman Baderian asked Mr. Boyson if they had reviewed the conditions of approval and were willing to comply. Mr. Boyson said they were. Commissioner Beranek said that since Omnipoint facilities would be lower on the pole, what is their position on tree trimming. Mr. Boyson said that vegetation sometimes acts as a sponge and degrades the signal making trimming necessary. However, he was not sure how the issue would be handled in this case. The public hearing was opened. Chairman Baderian asked if there was anyone who wanted to speak in favor of the project. There were none. Chairman Baderian asked if there was anyone who wanted to speak in opposition to the project. Mr. Raymond Riordan said he has lived in Arcadia since 1949 and that he circulated the petition in the staff report. He said the Santa Anita Oaks Homeowner's Association and Architectural Board join the petitioners in their opposition to the project. Mr. Riordan concedes that they are all cell phone users and they all want good reception, however, private yards and small parks are not the only choices for these facilities. Further, Mr. Riordan expressed concern that additional facilities would be added once the park was opened to the first one as in the picture he showed of a monopine and a tower near an off ramp of the 210 Freeway. Mr. Riordan said that all the petitioners are residents and live in the immediate area of Orange Grove Park and he asked the Commissioners to reflect the concerns of the residents and deny the project. Mr. Vince Vargas said he had three issues to cover. First was the issue of coverage. Mr. Vargas said that the two applicants have a total of fourteen facilities nearby. Some of them are less than four tenths of a mile from the park and that the total number suggests adequate coverage. Mr. Vargas said that the applicants must provide engineering detail to support their claim of technical limitations. The second issue was aesthetics. Mr. Vargas said that the courts have determined that a 25% decline in residential property values is enough to deny a cell tower application. Further, substantial local opposition to negative aesthetic impacts is a valid basis for denial. Third, Mr. Vargas pointed out the charts included in the staff report providing a summary of reasons for cell tower denial by various cities and towns. These projects were denied because alternate sites were available, there was other coverage in the area, negative aesthetic impacts, or, there was substantial opposition from the residents. Mr. Vargas said he feels these projects are inappropriate for the proposed site and respectfully asked the Commission to deny the application. Mr. Steven Samerjan said a neighbor brought the petition to his attention and he feels that the benefits of the project are not clear except for making cell phone communication easier or more effective. However, Mr. Samerjan said that he has not experienced any trouble with cell phone service. Further, Mr. Samerjan said that the benefits of the project do not appear to outweigh the negative effects on property values, aesthetics, PC MINUTES I0-9-07 Page 3 peace and comfort of the neighborhood. He also noted that the visual impact of the facility would be more severe for residents of Sierra Madre than for residents of Arcadia. Ms. Susan Andrews said she lives directly across the street from the park, approximately 65 feet from the site of the proposed tower. She said the applicants do not have an unrestricted right to place facilities anywhere in the city and that they must take into consideration many factors such as aesthetics, Municipal Code requirements and need. Ms. Andrews pointed out that the T-Mobile website shows there is already coverage in the area. She also noted that the proposed tower and equipment enclosures would be placed on a small lawn area, effectively destroying this area and leaving the fenced area at approximately one half of the park with only a small perimeter of lawn left. She feels the park is too small to accommodate this facility, the trees are not tall enough to hide the tower and the pine tree disguise is the wrong type of pine tree. She also asked how the applicant expected to disguise a two foot microwave dish on the pole especially since there is no landscaping proposed. Ms. Andrews asked the Commissioners to make a well reasoned decision to deny this project which is proposed for the only city owned park in the northeast part of the city. She said this commercial facility does not belong in a residential zone and is a nuisance and should be denied. Chairman Baderian asked if the applicant would like to speak in rebuttal. Mr. Alexander Desbois, the representative of Royal Street Communications, explained that resolving the inconsistencies in the surveys conducted by his company and T-Mobile allowed the applicants to reduce the height of the pole by 15 feet and that plans were altered to allow T-Mobile to build higher on the pole so that tree trimming would not be necessary. In addition, Mr. Desbois assured the Commission that there would be no advertising on the pole and it would remain unmanned except for maintenance visits twice a year. Mr. Desbois explained that area coverage is not the only factor they must consider in the design of the network, traffic capacity is also important. As the number of subscribers increases, the carriers must continue to meet certain levels of service quality determined by the FCC or face the loss of their license. More subscribers means more traffic and, therefore, a need for more cell tower sites. Mr. Desbois said that the pole will be grounded and will provide lightning protection to the area. He also said that locating the facility on city property provides financial benefits to the city. Commissioner Beranek asked if it wouldn't be more effective to place the tower in a commercial zone and at a higher level, perhaps on Sierra Madre Boulevard. Mr. Desbois explained that the carriers have a residential target and the proposed location provides significant coverage on the 210 Freeway which can't be achieved from the top of any of the nearby hills since they are too far away. Mr. Boysen said that there was a misunderstanding of the height of the trees but that issue is now cleared up and they see no necessity for tree trimming. He also explained that although there is coverage in the area, each carrier must have their own facilities to provide coverage for their subscribers. Further, both Sierra Madre and Orange Grove are heavily travelled streets, requiring more cell sites to handle the traffic. Mr. Kruckeberg said the petition and letters received as well as the testimony and information from the applicants have raised a lot of issues. He said the Commission must consider five Findings for granting of a Conditional Use Permit which he read from the PC MINUTES 10-9-07 Page 4 Municipal Code. He said that Finding One, that the granting of a Conditional Use Permit is not detrimental to the health and welfare of the area or injurious to properties, and Finding Three, that the site is appropriate in size and shape for the proposed use, are most at issue in this case. MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to close the public hearing. Without objection the public hearing was closed. Commissioner Beranek asked Mr. Deitsch to review the options available to the Commissioners. Mr. Deitsch said that the Commission should focus on two issues. The first is the fact that the property in question is city owned and, therefore, the Commission has broader discretion to apply zoning code provisions than if it were private property. Secondly, the approval of a lease is within the discretion of the City Council, the Planning Commission will only make a land use decision which may, in turn, be appealed to the City Council. Commissioner Baerg asked that since there is no executed lease at this point, will the Commission be rendering only an advisory opinion and what happens if the City Council decides not to enter into a contract with the applicants. Mr. Deitsch explained that there is a proposed condition of approval stating that the Conditional Use Permit will not go into effect unless the city approves a lease agreement. Therefore, the Commission is making a determination which remains final unless appealed to the City Council. Commissioner Hsu said that he visited the site and that although the Commission has approved various cell towers sites in the past, he feels that this site is a rare pocket park in this quadrant of the city and it would be inappropriate to reduce valuable green space at this location. Commissioner Baerg also said he visited the park and is in agreement that the proposed facilities would consume almost all the green space there. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to deny Conditional Use Permit 07-03/Architectural Design Review 07-04. ROLL CALL: AYES: Commissioners Baerg, Beranek, Hsu, Parrille and Baderian NOES: None PC MINUTES I0-9-07 Page 5 Chairman Baderian stated that the applicant's proposal does not meet the requirements of Findings 1 and 3 for Conditional Use Permits. Commissioner Parrille agreed that this site is not an appropriate place for these facilities. A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There is a five working day appeal period after the adoption of the Resolution. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to deny Conditional Use Permit 07-10/Architectural Design Review 07-06 based on the fact that the proposal does not meet Findings 1 and 3 for Conditional Use Permits. ROLL CALL: AYES: Commissioners Baerg, Beranek, Hsu, Parrille and Baderian NOES: None A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There is a five working day appeal period after the adoption of the Resolution. CONSENT ITEMS 3. MINUTES OF SEPTEMBER 18, 2007 RECOMMENDATION: Approve MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to approve the minutes of September 18, 2007, as submitted. ROLL CALL: AYES: Commissioners Baerg, Beranek, Hsu and Parrille NOES: None ABSTAIN: Baderian MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Councilman Amundson reported a light agenda coming up and raised recent discussions regarding Parks and Recreation Department projects and the county's Santa Anita project. Commissioner Baerg noted that he will be absent from the next meeting and asked to be excused. Chairman Baderian made note of his request. PC MINUTES 10-9-07 Page 6 MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille reported that the first item on the agenda, MC 07-29, was denied. The second item, MC 07-31, a fence height modification to keep bears out of the yard was approved with the condition that the barbed wire on the fence is removed. FURTHER MATTERS FROM STAFF Mr. Kruckeberg said that the LA Fitness project was appealed to the City Council and there was a tie vote the first time it was heard. The second time it was heard,the Council voted 3-2 to approve the project. He said the Badminton Club was also appealed to the City Council and approved and the Nobel Education Institute application was withdrawn by the applicant following appeal. ADJOURNMENT 8:15 p.m. /s/Jason Kruckeberg Secretary, Arcadia Planning Commission PC MINUTES 10-9-07 Page 7