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06/19/2008 Community and Economic Development Department (A L I f O R N I A GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING JUNE 19,2008 The regular meeting of the Grand Terrace Plannins Commission was called to order at the Grand Terrace Civic Center. 22795 Barton Road. Grand Terrace. California, on JUNE 19. 2008 at 7:00 p.m..by Chairman-Wilson. PRESENT: Doug Wilson, Chairperson Matthew Addington, Vice Chairperson Tom Comstock, Commissioner Darcy McNaboe,-Commissioner Brian Phelps, Commissioner Gary Koontz, Planning Director Sandra Molina, Senior Planner Jerina Cordova, Planning Secretary 7:00 P.M. CONVENED SITE AND ARCHITECTURE REVIEW BOARD/ PLANNING COMMISSION MEETING • Call to Order • Pledge of Allegiance led by Commissioner Tom Comstock • Roll Call • Public address to Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Community and Economic Development. PUBLIC PARTICIPATION PATRICIA FARLEY 12513 Michigan Street Ms. Farley informed the Planning Commission of the inaccurate General Plan Maps and requested that proper information go out to the public. t 1 22795 Barton Road • Grand Terrace, California 92313-5295 • 909/ 824-6621 J ITEMS: 1. MINUTES: Planning Commission Meeting Minutes of January 17, 2008 RECOMMENDATION: Approval MOTION PC-10-2008 MOTION VOTE: 5-0-0-0 Commissioner Comstock made a motion to approve Commissioner McNaboe Seconded 2. Z-06-02/E-07-09 Adopt a new zoning ordinance under Zone Change No. 06-02 (Z- 06-02) amending Title 18 of the Grand Terrace Zoning Code by adding-Chapter 18.72 (Amateur"HAM" Radio Antennas)." The purpose of the proposed ordinance is to assure that amateur "HAM"radio antennas are designed and located in a way that avoids hazards to public health and safety while reasonably accommodating amateur radio communications. RECOMMENDATION: Conduct a public hearing on the proposed Ordinance and Negative Declaration and vote to recommend to the City Council the adoption of the proposed Ordinance and proposed Negative Declaration. MOTION PC-11-2008 Motion continued off calendar MOTION VOTE: 5-0-0-0 Chair Wilson made a motion to continue Commissioner McNaboe Seconded Senior Planner Molina discussed the procedure that when an ordinance was considered and significantly changed by the City Council, it must go back in front of the Planning Commission. A synopsis of the HAM Radio Antenna meeting was provided. The list of members all had experience in operating HAM Radio Antenna's. Chair Wilson asked if any of the members discussed aesthetics. Chair Wilson requested additional background on the members listed. Chair Wilson asked if there were attendees that were concerned about visual aesthetics. Director Koontz stated that one of the attendee's was actively involved in the Lark Street antenna case. Commissioner Comstock inquired as to how many members at the meeting were actual citizens. Senior Planner Molina stated that she, Director Koontz, as well as two City Council members - attended the meeting. Commissioner Comstock wanted a count of actual citizens. Senior Planner Molina did not have the information on hand. 2 Senior Planner Molina continued with her presentation. She stated that during the meeting various heights, uses and frequencies, were discussed. The input of the committee was to consider the height to ten feet above.the permitted height. The number of antennas was another aspect. The current ordinance allowed one horizontal antenna and one whip antenna. The committee recommended the maximum number of antennas should be revised to three antennas. The limitation of the array would be limited to five percent. Senior Planner Molina showed pictures of sample antennas in her power point presentation. The committee discussed a more simplified permit process. The application would be a Land Use Review. The ordinance reads is that if they meet what is in the ordinance and there is no health or safety concerns the Director will have the authority to approve the application. In the event that an.operator needed more than three antennas or higher than permitted, the Land Use application would go to the Planning Commission and the notice of property owners increases to a three hundred foot radius. The last step would go to City Council, if they were not satisfied with the-Planning Commission Conditions. The Enviornmental Initial Study was prepared and properly noticed. A Notice of Public Hearing for this meeting was provided and posted in three public places. Staff recommends that the Planning Commission open the public hearing and, based on the <y input, consider the revisions in the Ordinance. Chair Wilson entertained questions from the Planning Commission. Commissioner McNaboe inquired as to the maximum permitted height of the underlying zone and asked if it should be forty-five feet. Director Koontz stated that the verbiage was taken from other ordinances. He stated that there were really no standards. Commissioner McNaboe asked what the extra ten feet gets them. Director Koontz stated clearance. Chair Wilson gave an example of a law suit that cost the City a lot of money. Chair Wilson asked if the Covenant, Conditions and Restrictions (CC&R) affected the height restrictions. Director Koontz stated that CC&R's usually end up in a legal battle. Chair Wilson asked how the City was preventing themselves from a legal battle. PUBLIC PARTICIPATION BOB SOUTER 12045 Westwood Lane Mr. Souter is a member of the HAM Committee. He was not happy about the height that was proposed. He believed there should have been more than one meeting to make a decision on an antenna ordinance. i 3 Mr. Souter pointed that there were six antenna's in the Emergency Operation Committee (EOC) building, which is on Grand Terrace property. Mr. Souter feels that the meeting was a free-range discussion. Mr. Souter does not agree with form of the meeting. Mr. Souter does not agree with some of the agreements that were reached and objected to them. He stated that you have to crank up the antenna to get use out of it. The permits of the tower are okay because the City should be concerned with the structural integrity of the engineering and design of such a structure. Mr. Souter brought in examples of the various types of antennas. Mr. Souter does not think there should be a fee for a permit nor a limitation of three. Mr. Souter quoted public law 103-408 and stated in October 22, 1994 Congress of the United States finds and declares that reasonable accommodations should be made for the effective operations for amateur radio for residences. Regulation at all levels of government should facilitate and encourage HAM radio as a public benefit. Mr. Souter discussed the Environmental Impact Report(EIR). He stated that the concern should be with the structural integrity of the antenna tower system. Mr. Souter did not agree with the outcome. r Commissioner Comstock stated that there have been a lot of meetings in regards to the Yagi _ antenna and asked Mr. Souter if he knew where they were. Mr. Souter presented the Planning Commissioners with multiple pictures relating to antennas in other cities. Commissioner Comstock requested clarification on the antennas that were located on City Hall. Mr. Souter stated that an antenna is an antenna. Director Koontz stated that the City has a Telecommunications Ordinance that deals with public antennas. Director Koontz also stated that the antennas that are at the City are related to (EOC) which is government activities and emergency basis. Commissioner Comstock asked if it was okay even though it is a HAM operated. Director Koontz said yes. Chair Wilson addressed Director Koontz and asked what the fifty-dollar fee covered. Director Koontz stated that it was for a Land Use application, which is the minimum application required. Chair Wilson suggested a minimum size in the definition. Chair Wilson addressed the notifications of the meetings and how they are publicized. Chair Wilson stated that there is a statutory rule on notice of hearings. The only way to change the statutory law you would have to take your concern to the City Council. Director Koontz informed the public that that notices of hearing were now available on the City's website. Chair Wilson stated that not everyone had access to the internet. 4 Chair Wilson closed his comments by giving a brief history on HAM radio provisions. He went on to state that the Planning Commissioners reviewed the legislation provided by staff, they gave their comments to the City Council and it was sent back due to aesthetics and property value issues. The job of the Planning Commission, and in accordance with the General Plan, is to preserve property values. PATRICIA FARLEY 12513 Michigan Street Ms. Farley stated that property values and the environment are very important. The violation of neighbor's rights, by those who do not give a damn, is happening in Grand Terrace. Ms. Farley asked if associations that have control over satellite dishes are going to be affected by the ordinance. Ms. Farley believes that the ordinance is not valid because it is being attached to other documents that have not been approved. Ms. Farley wants the City to stop development until it has a plan where it follows the laws. BOBBIE FORBES 11850 Burns Avenue Ms. Forbes stated that she could remember when Mr. Souter came to Grand Terrace, one of his questions were if you could have HAM antennas. Ms. Forbes stated that she was one of the �l residence who complained about the value of your home when a tower was too big and blocked the view the resident paid for. Vice Chair Addington asked if he erected a permitted unit and next door causing interference, where do the neighbors go to for filing a grievance. JIM MASON,Technical Coordinator American Radio Relay League San Bernardino, CA Mr. Mason addresses Vice Chair Addington's question. Mr. Mason stated that if there is an interference complaint from the neighbor you,could call San Bernardino County fire to assist with interference issues free of charge. Mr. Mason stated that equipment is not always up to specs per the FCC regulations. Chair Wilson asked Mr. Mason to address different antennas for different bands. Mr. Mason stated that the higher the frequency the shorter your antennas are going to be. Lower band, is for across the country and around the world communications for long distant disasters. Chair Wilson asked Mr. Mason if another meeting was called for. Mr. Mason agreed that one more meeting would be a good idea. 5 Commissioner Comstock read in a manual about a one hundred watt based station for HAM radio operator and it recommended that the HAM radio operator spend little time as possible due to health problems that might occur. He did not want to take any chances. Mr. Mason stated that every manual says that there is a risk however there is no known proof. Mr. Mason stated that having a cell phone is worse than HAM towers in regards to radiation. Commissioner Comstock was still concerned about radiation and microwaves. Mr. Mason informed the Planning Commission that cell towers were worse than HAM towers. As a resident of the City, Commissioner Comstock has experience interference from HAM radio operators and feels that he needs to know exactly whom he needs to point the finger. Mr. Mason addressed the concern with the three-hundred foot radius opens the doors for a lot of people to address complaints. Mr. Mason wanted to know where you draw the line. JOANNE JOHNSON 12723 Mt. Vernon Avenue Ms. Johnson had believed that the meeting had a good outcome. Ms. Johnson now questioned Mr. Souter's concerns. Ms. Johnson was under the impression that a structure could have many antennas on it and that it would only count as one structure. Chair Wilson asked staff to clarify Ms. Johnson's concern. Director Koontz stated that often there are antennas such as the Yagi; however, it may have a whip antenna. Ms. Johnson believes that one antenna for HAM operation is sufficient. Ms. Johnson feels that you will never be able to notify everyone. Chair Wilson asked Ms. Johnson if there were other citizens of Grand Terrace on the committee. Ms. Johnson stated that a majority of the committee were HAM operators with the exception of Robert Stewart and the neighbor of the Lark Street applicant. Vice Chair Addington had a question regarding the maximum permitted height and wanted to know if that was a permenant structure or one that would crank down when not in use. Senior Planner Molina stated that as long as it does not exceed forty-five feet it was okay. Director Koontz stated that if it was above forty-five feet it would go before the Planning Commission for review. Vice Chair Addington asked that the City Attorney add wording to "adjustable tower instead of a permanent tower". Chair Wilson informed the Planning Commissioners that there were a couple of items that needed to be defined in relation to the ordinance and understanding of CC&R's. He stated that the fee listed is not going to be waived because the City needs to recover costs. Commissioner Comstock requested additional discussion before a motion was made. He would like to see more than four people notified for each new tower in order to protect the rights of the 6 citizens. Director Koontz stated that an Administrative Review doesn't allow for public notice due to time. Commissioner Comstock stated that.if the door was open to changing the code for HAM signal antennas we need to discuss what that is going to do to other forms like cellular towers or satellite dish. Commissioner Phelps had a suggestion under permitted use. Can it be made Amateur HAM Radio Antenna in order to get away from the single hand held that don't require a structure. Chair Wilson suggested staff to relay status to Councilman Jim Miller in relation to the committee meeting. Chair Wilson requested that the agenda item be continued. Director Koontz explained to Chair Wilson what the City Council requested. Chair Wilson recommended a continuation. Commissioner Comstock recommended that a member of the Planning Commission attend the next committee meeting: Director Koontz stated that he and Senior Planner Molina both attended the'meeting. Chair Wilson adjourned the Site and Architectural Review Board and Planning Commission Meeting and convened the Public Workshop Session. 1. SUBJECT: Proposed Subdivision Concept 22247 Pico Street Director Koontz presented his staff report. He stated that the parcel is a very odd piece of land. There is an existing house and barn on the parcel. Director Koontz stated that this was not a public hearing. Director Koontz showed a power point presentation on what was proposed by developer, Darryl Moore. Director Koontz informed the Planning Commission of Mr. Moore's plans for the lot. Next he requested comments from the Planning Commission. Vice Chair Addington pointed out that the developer was cramming in too many houses and was not in favor of what is being shown. Chair Wilson asked where his fire access would be located. Director Koontz explained where it was. Commissioner Comstock asked if the agriculture overlay would remain the same. Chair Wilson agreed that the shape of the parcel was very irregular and it doesn't call for circumstances as one in a larger jurisdiction. Director Koontz gave the commission a briefing of some of the proposals that were discussed with Mr. Moore. Commissioner Phelps requested that the developer get rid of the existing structures on the lot. 7 - PATRICIA FARLEY 12513 Michigan Street Ms. Farley believes that if we allow a variance it will affect other people. Ms. Farley commented that she wished buildings like the one discussed would not be torn down. • Information to Commissioners No information to the Commissioners was given at this time. • Information from Commissioners Chair Wilson stated that there was activity happening at 22999 Palm Avenue and asked if there was a permit. Chair Wilson requested an update on Dr. Ha's property on the corner of Barton Road and Mt. Vernon Avenue. Director Koontz informed the Planning Commission that there has been contact however there has not been an application submitted. Chair Wilson suggested that City Council get involved or notified of the vacancies. Vice Chair Addington requested an update on the medical plaza on the.corner of Barton Road and Preston Avenue. Director Koontz stated that it probably had to do with the economy but - there was no movement besides the grading. Commissioner Comstock requested an update on the Grand Crossings project. Director Koontz stated that there was a public meeting to discuss the project and a specific plan was underway. Chair Wilson adjourned the Planning Commission Workshop and the next Planning Commission meeting is to be held on July 3, 2008. Respectfully Submitted, Approved B , Joychowers, Doug Wilson Community&Economic Development Director Chairman For Gary L. Koontz, Planning Director 8