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HomeMy WebLinkAboutMinutes-05-19-10OV D04, REGULAR MEETING DOWNEY CITY PLANNING COMMISSION Yi Y ®' WEDNESDAY, MAY 19, 2010 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was held May 19, 2010. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. COMMISSIONERS PRESENT: Fernando Vasquez, District 5 Terry Lambros, District 4 Michael Murray, District 1 Robert Kiefer, District 2, Vice Chairman COMMISSIONER ABSENT: Louis Morales, District 3, Chairman ALSO PRESENT: Brian Saeki, Community Development Director G. Ross Trindle, III, Assistant City Attorney William Davis, City Planner Jessica Halak, Assistant Planner II Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Lambros, seconded by Commissioner Murray and passed by a 4 -0 -1 vote, with Chairman Morales absent, to approve the revised Minutes for May 5, 2010, as presented. IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: No report was provided. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: CONDITIONAL USE PERMIT No. 98 -39, REV A Location: 12747 Lakewood Boulevard Owner /Applicant: Caltrans Authorized Agent: Cortel for Sprint, by Roger Spencer Staff: Jessica Halak CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A request to modify Conditional Use Permit No. 98 -39, Rev A which permits the existing wireless telecommunications facility, by adding three (3) panel antennas and three (3) microwave antennas to the clock tower, and one (1) equipment rack, power panel and GPS antenna within an existing shelter on property zoned C -1 (Neighborhood Commercial). Vice - Chairman Kiefer opened the public hearing for Conditional Use Permit No. 98 -39, Revision A. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, MAY 19, 2010 — PAGE 1 Page 2 Assistant Planner II, Jessica Halak, presented staff's report and accompanying PowerPoint exhibits, to provide a brief history of the Planning Commission's past approvals at the facility in 1998 as a 66- foot high clock tower and shelter; modifications for co- location in 2000 and 2004, and a description of the applicant's proposal to include this current request for modification. Ms. Halak stated that all the new antennas will be located in a fully screened area behind the panels of the clock tower, while an equipment rack, GPS antenna and power panel will be located on the shelter. She noted that Condition #7 requires that the clock be maintained, which will require that the time be kept up -to- date. She noted that this has been a problem recently. Roger Spencer, applicant representing Sprint, addressed the Commission, stated that he wasn't aware that the clock was off; however, the clock is managed by a tower management company while each of the carriers maintain their own equipment. He affirmed that contact information would be provided in order that the property management for the site could be reached (Condition No. 7) as needed. He also stated that he accepted the recommended conditions of approval. Commissioner Vasquez asked Mr. Spencer the purpose for the modifications, whether they were intended to increase or enhance cell phone coverage. Mr. Spencer stated that the additional equipment is for added technology, such as an overlaid network within Sprint, where Sprint operates the old Sprint network and the old Nextel network, after the merger (almost all Sprint sites operate 2 networks), and a third technology called Y -max, a high- speed data network for their planned 4G phone network. Vice - Chairman Kiefer asked for any correspondence that may have been received. Ms. Halak stated that they had not received any correspondence on this matter. Vice - Chairman Kiefer invited members of the public to come forward to address any concerns they may have. No one came forward to address the Commission. There being no further questions, the public hearing was closed. Commission discussion: Commissioner Lambros stated that she had no further questions; the staff report covered any concerns she might have had and she is in favor. Commissioner Murray stated his support, re- iterating that the clock on the tower needs to be operating correctly; that many people view that clock and the time should be accurate. Commissioner Vasquez stated that he thought it was a nice project and would provide a benefit to the community. Vice - Chairman Kiefer stated that he saw no problems approving the request, noting that there would be no visible changes to the tower. It was moved by Commissioner Lambros, seconded by Commissioner Vasquez and passed by a vote of 4 -0 -1, with Chairman Morales absent, to adopt Resolution No. 10 -2639, approving Conditional Use Permit No. 98 -39, Revision A. Vice - Chairman Kiefer stated the action of the Planning Commission will be final unless the matter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City's Ordinance. PLANNING COMMISSON MINUTES, MAY 19, 2010 — PAGE 2 Page 3 2. CONDITIONAL USE PERMIT No. 98 -19, REV A Location: 8101 Pivot Street Owner /Applicant: George and Janet Cade Marital Trust Authorized Agent: Cortel for Sprint, by Roger Spencer Staff: Jessica Halak CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A request to modify Conditional Use Permit No. 98 -19, Rev A which permits the existing wireless telecommunications facility, by adding three (3) panel antennas, three (3) microwave antennas, one (1) equipment cabinet and one (1) GPS antenna on the roof of an existing cellular tower, and one (1) wall mounted meter, on property zoned M -2 (General Manufacturing). Vice - Chairman Kiefer opened the public hearing for Conditional Use Permit No. 98 -39, Revision A Ms. Donahue affirmed proof of publication. Assistant Planner II, Jessica Halak, informed the Commission that the request before them was another request to modify an existing cell tower, and the applicant, Roger Spencer is the agent representing the applicant (Sprint). She noted that the Commission approved the original telecommunications facility /tower in 1998, via Conditional Use Permit No. 98 -79 and Design Review Board No. 98 -43. She stated that her only concerns are: the building needs paint and the condition of the existing fence. Mrs. Halak noted conditions are included to address those concerns: Condition No.7, requires the building to be repainted to match original approval, and Condition No. 9 addressing the fence, should be reworded to read, "The owner /applicant shall replace the existing chain -link, slatted fence with a permanent decorative block wall around the wireless facility's leased area." Commissioner Vasquez inquired if the chain -link fence for 8029 - address site remains locked. Ms. Halak stated that the site remains closed except for monthly maintenance visits; and the access is provided through the gate where the address "8029" is posted. Roger Spencer, for Sprint, addressed the Commission. He wished to address the requirement for a new block wall on the site, which he felt was unreasonable. Mr. Spencer noted that Sprint objected to the additional cost for new footings that could be thousands of dollars. He pointed out that the existing fence matches those in the area, and stated that they'd be willing to repair and maintain the existing fence. Mr. Spencer stated that with this change, he would be able to accept the conditions imposed upon the project. He stated that they (Sprint) had their own access to the property through this gate and he was unaware of any damage to the property by vandals. Discussion followed regarding the current status of the site. Ms. Halak stated staff had requested the block wall because it will hold up better, pointing out the equipment stored on the opposite side of the fence apparently by the property owner, and the damage that had occurred. Community Development Director Saeki stated that he had spoken to City Planner William Davis and Ms. Halak and staff would be willing to amend this condition if the applicant is willing to repair and maintain the fence. In addition, they would ask that contact information be provided to insure this condition is met. Mr. Spencer responded, noting that he was able to speak for the applicant on this matter, and they would be willing to accept the new language requiring maintenance of the existing chain -link fence. Commissioner Lambros inquired into the purpose for the GPS antenna PLANNING COMMISSON MINUTES, MAY 19, 2010 — PAGE 3 Page 4 Mr. Spencer explained the GPS antenna, which is approximately 12" high, is used to keep the internal clock on -site in sync with Sprint's universal clock enabling the network to operate more efficiently. The GPS antenna has nothing to do with customer's GPS. Commissioner Murray stated a concern to Mr. Spencer, noting it appears that the chain -link fence with the wood slats had not been maintained for the past 10 years; that the equipment leaning against the fence is probably from the landlord, and that the property had not been well- maintained in years. Mr. Spencer stated that they would address the matter now that it is on their radar and he shared that a typical lease is for 25 years. Vice - Chairman Kiefer asked for any correspondence. Ms. Halak stated that no correspondence had been received on this matter. Vice - Chairman Kiefer invited member of the public to address the Commission. There were no persons in the audience wishing to come forward at this time. Vice - Chairman Kiefer asked for staff's recommendation. William Davis, City Planner, stated staff's recommendation was for approval. The Resolution Number prepared for this approval is 10 -2640. There being no questions regarding staff's recommendation, the public hearing was closed. Commission comments: Commissioner Lambros asked for clarification of the language for Condition #9 Assistant City Attorney Trindle suggested language for revised Condition #9: "The owner /applicant shall repair and maintain the existing chain -link, slatted fence and provide contact information to the City in order to effectuate this condition." Commissioner Vasquez stated that normally he would be more inclined to request vines on the wall to prevent graffiti, but in this case since the property is not visible from the street he would be amenable to the revised language as provided by Mr. Trindle. Commissioner Murray agreed also, noting the importance of the contact information being provided. Mr. Spencer agreed to the revised language. It was moved by Commission Murray, seconded by Commissioner Lambros and passed by a vote of 4 -0 -1, with Chairman Morales absent, to adopt Resolution No. 10 -2640, approving Conditional Use Permit No, 98 -19, Revision A, modifying Condition No. 9, with the language as discussed. Vice - Chairman Kiefer stated the action of the Planning Commission will be final unless the matter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City's Ordinance. VIII. ORAL COMMUNICATIONS: Vice - Chairman Kiefer welcomed members of the public: 1) Jerry Andrews; 2) Brandon Pena, Downey High student. Mr. Pena introduced himself to the Commission, noting that he was present to observe the Commission in action and that he was going to meet with Commissioner Vasquez after the meeting to discuss his summer plans for summer school at Georgetown. PLANNING COMMISSON MINUTES, MAY 19, 2010 — PAGE 4 Page 5 IX. OTHER BUSINESS: 1. Vice - Chairman Kiefer stated that he had noticed a deterioration of the above- ground utility wires throughout the City, predominantly cable lines, and asked that staff bring back a report letting them know if there was anything the City could do to improve the aesthetics. 2. Commissioner Lambros asked for an update on the matter brought before them at the last meeting by Bob Devilla. Mr. Davis provided a short synopsis of what had transpired, noting that there was the possibility that the matter might come back to the Commission for an interpretation. X. ITEMS FOR FUTURE AGENDA: No further items were addressed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, Vice - Chairman Kiefer adjourned the Planning Commission meeting at 9:10 p.m., to May 19, 2010 at 6:30 in the City Council Chambers, Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 2nd day of June, 2010. Louis Morales Louis Morales, Chairman CITY PLANNING COMMISSION I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Commission held on the 2nd day of June, 2010, by the following vote: AYES: COMMISSIONERS: Kiefer, Vasquez, Lambros, Murray ABSTAIN: COMMISSIONER: Morales ABSENT: COMMISSIONER: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H: \PLANNING \PC Minutes-201 May 19, 2010 - Minutes.doc PLANNING COMMISSON MINUTES, MAY 19, 2010 — PAGE 5