CITY OF RANCHO SANTA MARGARITA PLANNING COMMISSION REGULAR MEETING DECEMBER 5, 2012

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1 CITY OF RANCHO SANTA MARGARITA PLANNING COMMISSION REGULAR MEETING DECEMBER 5, 2012 MINUTES CALL TO ORDER Chair Whittingham called the Regular Meeting of the Planning Commission of the City of Rancho Santa Margarita, California to order at 6:30 p.m. in the Council Chambers located at City Hall, El Paseo, Rancho Santa Margarita, California. PLEDGE OF ALLEGIANCE Sophia Staleup, Ayden and Grace Elsasser led the Pledge of Allegiance. ROLL CALL OF PLANNING COMMISSIONERS Present: Absent: Jim Eakin, Commissioner Jack Leonard, Commissioner Peter Whittingham, Chair Kent Hayden, Commissioner Bradley McGirr, Vice-Chair Staff Present: Kathleen Haton, Development Services Director; Nate Farnsworth, Senior Planner; Derek Bingham, Planner; James Eggart, Assistant City Attorney; and Amy Morales, Secretary 1. PRESENTATIONS AND PROCLAMATIONS There were no presentations or proclamations. 2. SCHEDULE OF FUTURE EVENTS There was no schedule of further events. 3. MINUTES 3.1 REGULAR MEETING MINUTES, NOVEMBER 7, 2012 (Morales) ACTION: It was moved by Commissioner Eakin, seconded by Commissioner Leonard, and carried by those members present to: Approve the minutes of the November 7, 2012 Regular Planning Commission meeting. 1

2 4. PUBLIC HEARING ITEMS 4.1 PLANNING APPLICATION RSM A SITE DEVELOPMENT PERMIT FOR THE 9,500 SQUARE FOOT EXPANSION OF AN EXISTING BUILDING LOCATED AT ESPERANZA, INCLUDING AN ALTERNATIVE DEVELOPMENT STANDARD FOR THE ESTABLISHMENT OF A PARKING MANAGEMENT PLAN FOR THE PROPERTIES LOCATED AT ESPERANZA AND AVENIDA DE LAS BANDERAS (Farnsworth) Planner Farnsworth presented the staff report pertaining to a Site Development Permit for the expansion of an existing building located at Esperanza, including an Alternative Development Standard for the establishment of a Parking Management Plan for properties located at Esperanza and Avenida de las Banderas. This application would allow for the utilization of 34 off-site parking spaces at Avenida de las Banderas to accommodate the City s parking requirement for its use at Esperanza. The applicant prepared a Parking Management Plan for these locations to address security measures, pedestrian access between the parking and parent site, methods of transportation between the sites, schedule of usage and parking assurances. Chair Whittingham opened the public hearing. Tony Dabaghy, representing Applied Medical, spoke about the pedestrian walkways and off-site parking. ACTION: it was moved by Commissioner Leonard, seconded by Commissioner Eakin, and carried by those member present, to adopt the Resolution entitled: 5. ITEMS CONTINUED A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, APPROVING PLANNING APPLICATION RSM FOR A SITE DEVELOPMENT PERMIT TO ALLOW FOR A 9,500 SQUARE FOOT EXPANSION OF AN EXISTING BUILDING LOCATED AT ESPERANZA, INCLUDING AN ALTERNATIVE DEVELOPENT STANDARD FOR THE ESTABLISHMENT OF A PARKING MANAGEMENT PLAN FOR THE PROPERTIES LOCATED AT ESPERANZA AND AVENIDA DE LAS BANDERAS, RANCHO SANTA MARGARITA, CALIFORNIA. 5.1 PLANNING APPLICATION RSM A CONDITIONAL USE PERMIT, SITE DEVELOPMENT PERMIT AND ALTERNATIVE DEVELOPMENT STANDARD TO INSTALL A ROOF MOUNTED WIRELESS COMMUNICATIONS FACTILITY ON AN EXISTING BUILDING LOCATED AT AVENIDA DE LAS BANDERAS, RANCHO SANTA MARGARITA, CALIFORNIA (Bingham) Planner Bingham presented the staff report on the continued item RSM , a Conditional Use Permit, Site Development Permit and Alternative Development 2

3 Standard to install a roof mounted wireless communications facility on an existing building located at Avenida de las Banderas. The proposed antennas would be completely screened from the public view by being mounted behind new antenna screening walls, painted and textured to match the existing color and finish of the building. The proposed equipment cabinets would be constructed of masonry blocks painted and textured to match the existing building. The proposed site was selected because wireless coverage was poor to non-existent in the surrounding area for Metro PCS customers. Prior to the November Planning Commission meeting City staff received correspondence opposing the project by the Montessori school and parents due to potential health impacts of RF emissions. The Federal Telecommunications Act prohibits Cities from regulating personal wireless telecommunication facilities on the basis of the environmental effects of radio frequency emissions; therefore, the City is preempted from considering whether there are health impacts from exposure to RF emissions from the proposed wireless facility. There was discussion regarding competing towers, co-locating towers, site alternatives and leasing arrangements. Chair Whittingham opened the public hearing. Veronica Arvizu, representing MetroPCS of California, said the building owner has a lease with MetroPCS that incorporates the equipment and the boxes. The owner would be able to lease to other cell carriers. The applicant spoke about the location ring and other locations that had been considered. The following residents spoke in opposition of the proposed project: Cathy McCann, Rancho Santa Margarita resident, spoke in opposition of the proposed project, concern of radiation and distributed a hand-out to the Planning Commissioner displaying the location of the backup batteries in relation to the playground. Debbie Warkentien, Rancho Viejo Montessori principal, spoke in opposition of the proposed project and expressed concern with the lead batteries. Gary Elsasser, Rancho Santa Margarita resident, spoke in opposition of the proposed project and expressed concern with the radiation. Sophia Staleup, Ayden Elsasser and Grace Elsasser spoke in opposition of the proposed project. Ria Ciscone, Rancho Santa Margarita resident, presented a petition of parents spoke in opposition of the proposed project. The applicant, Veronica Arvizu spoke about the number of batteries that had been approved by the Orange County Fire Department. The applicant stated the directional antennas were facing east, not facing the school. 3

4 Discussion ensued regarding co-locating at other existing cellular facilities and placement of equipment inside the owner s building. There was discussion regarding land used, esthetics, FCC regulations, and continuing the item. Chair Whittingham reopened the public hearing. Veronica Arvizu, representing MetroPCS of California, agreed to attend the February 6, 2013 Planning Commission meeting and would be prepared to address why other alternative locations were not feasible. ACTION: It was moved by Commissioner Leonard, seconded by Chair Whittingham and carried by those members present to: Approve the Continuance of RSM to the Planning Commission meeting of February 6, 2012 beginning at 6:30 p.m. Chair Whittingham recessed the meeting at 8:20 p.m. Chair Whittingham reconvened the meeting at 8:25 with three Planning Commissioners present. 6. NEW BUSINESS There was no new business. 7. PUBLIC COMMENTS Michael Vaughn thanked staff for their work on the Applied Medical application and thanked Planning Commissioner Leonard for his dedication to the City. 8. DEVELOPMENT SERVICES DIRECTOR REPORTS Development Services Director Haton said she enjoyed working with Planning Commissioners Eakin and Leonard and they would be honored at the January 9 th City Council meeting. 9. MATTERS PRESENTED BY PLANNING COMMISSIONERS Commissioner Eakin said he enjoyed his two years as a Planning Commissioner and thanked City staff. Commissioner Leonard thanked City Staff for an enjoyable twelve years on the Planning Commission. Chair Whittingham thanked Commissioner Leonard for his dedication to the Community. Chair Whittingham stated CDBG members had received an regarding their appointments. 4

5 Commissioner Leonard stated he will continue his support with the Relay for Life, South County Management Society and will be spending more time in Children s theater. ADJOURNMENT There being no further business before the Planning Commission at this session, Chair Whittingham declared the meeting adjourned at 8:38 p.m. AMY MORALES, PLANNING COMMISSION SECRETARY DATE ATTEST: PETER WHITTINGHAM, CHAIR DATE APPROVED AT THE MEETING OF FEBRUARY 6,