COUNTY OF INYO PLANNING COMMISSION

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1 Amendment COUNTY OF INYO PLANNING COMMISSION MINUTES OF AUGUST 28, 2013 MEETING COMMISSIONERS: WILLIAM STOLL FIRST DISTRICT Inyo County Planning Commission CYNTHIA WAHRENBROCK SECOND DISTRICT Post Office Drawer L SAM WASSON THIRD DISTRICT (CHAIR) Independence, CA ROSS CORNER FOURTH DISTRICT (760) PAUL PAYNE FIFTH DISTRICT (VICE-CHAIR) (760) FAX inyoplanning@inyocounty.us STAFF: JOSHUA HART CLINT QUILTER KEVIN CARUNCHIO CATHREEN RICHARDS ADENA FANSLER ELAINE KABALA NOLAN BOBROFF DANA CROM PLANNING DIRECTOR PUBLIC WORKS DIRECTOR COUNTY ADMINISTRATOR SENIOR PLANNER ASSOCIATE PLANNER ASSOCIATE PLANNER PLANNING COORDINATOR COUNTY COUNSEL The Inyo County Planning Commission met in regular session on Wednesday,, in the Administration Building, in Independence, California. Chair Wasson opened the meeting at 10:00 a.m. These minutes are to be considered for approval by the Planning Commission at their next scheduled meeting. ITEM 1: PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led at 10 a.m. ITEM 2: ROLL CALL - Commissioners: William Stoll, Cynthia Wahrenbrock, Sam Wasson, Ross Corner, and Paul Payne were present. Staff present: Josh Hart, Planning Director; Dana Crom, County Counsel; Cathreen Richards, Senior Planner; Nolan Bobroff, Planning Coordinator Staff absent: Clint Quilter, Public Works Director; Kevin Carunchio, County Administrator; Elaine Kabala, Associate Planner; Adena Fansler, Associate Planner ITEM 3: PUBLIC COMMENT PERIOD This item provides the opportunity for the public to address the Planning Commission on any planning subject that was not scheduled on the Agenda. There was no one from the public that wished to comment on any planning subject that was not scheduled on the Agenda. ITEM 4: Approval of Minutes from the July 24, 2013 Planning Commission Meeting MOTION: Moved by Commissioner Stoll to approve the minutes with one minor correction. The motion was seconded by Commissioner Wahrenbrock. The Motion passed 4-0; Commissioner Wasson abstained. County of Inyo Page 1 Planning Commission Minutes

2 ITEM 5: TELECOM PLAN # /AT&T MOBILITY AND CONDITIONAL USE PERMIT # /AT&T MOBILITY (Action Item and Public Hearing) A request to modify AT&T Mobility s existing Wireless Communications Plan, to allow for the placement of wireless communications antennas on an existing 260-foot tower south of Sage Flats Road near Olancha and replacement of a 40-foot tower with an 80-foot tower in Independence at the end of West Payne Street and installation of wireless communications antennas on the new tower. A Conditional Use Permit is necessary for the Independence site due to the fact that the proposed height of the tower is higher than the maximum height allowed in the OS-40 zone. An addendum to a previously adopted Negative Declaration was prepared to satisfy the California Environmental Quality Act (CEQA) requirements. The Planning Commission is being asked to consider the Addendum to the Negative Declaration, make certain findings and approve Telecom Plan # , and make certain findings and approve CUP # Nolan Bobroff, Planning Coordinator presented the Staff Report to the Commission. Mr. Bobroff provided comment letters for the Commission that were received after the issuance of the public hearing notice. Chair Wasson opened the public hearing at 10:12 a.m. Andrew Buchen, representative for AT&T mobility, elaborated on the proposal and provided additional input on the proposed project. The Commission had various questions for the applicant about why this taller tower is necessary and whether there were any alternative sites that were looked at. Marty Fortney, local business owner and Assistant Chief of the Big Pine Fire Department, had questions on whether the proposed tower would provide cell coverage for the Aberdeen resort area and whether the proposed tower would enhance coverage for emergency services in the area. Diane Riesen, Independence resident, had concerns and questions about the aesthetic impacts of the proposed tower and whether the existing tower on Mazourka Canyon Road could accommodate the new technology. Ms. Riesen provided a comment letter for the Commission. April Zrelak, Independence resident, objected to the proposed tower based on aesthetic issues and the potential that the proposed tower might lower property values in the southwest area of Independence. Ms. Zrelak provided a letter for the Commission and pictures of what the proposed tower might look like. Nancy Masters, Independence resident, stated that an addendum to the Western Wireless ND was inadequate and that additional environmental review was necessary to adequately address potential visual impacts. Ms. Masters also stated that the community was not adequately informed of the proposed project. Ms. Masters provided a letter for the Commission. Mike Seefeldt, Independence resident, commented that the proposed tower and antenna array represents a significant change from the existing tower and had concerns on the structural integrity of the proposed tower. Mr. Seefeldt also had concerns that the proposed tower would be out of compliance with the Eastern Sierra Scenic Byway designation, has a different General Plan designation as it did in the original ND, and that studies have shown that there are possible impacts on biological resources due to wireless communications. Mr. Seefeldt provided a letter for the Commission. County of Inyo Page 2 Planning Commission Minutes

3 Dana Crom, County Counsel, informed the Commission that the Federal Government prohibits the County from denying a tower permit based on impacts from radio-frequencies if the proposed frequencies have been approved by the FCC, which this tower has been. Evelyn Mae Nikolaus, Independence resident, stated that she has concerns over the impacts that this tower will have on the views for the local residents and that it could have long range implications on discouraging people from moving into the Independence area. Ms. Nikolaus also questioned whether existing nearby towers could be utilized instead. Serra Trammer, Independence resident, stated that the proposed tower would block their view of Onion Valley and degrade their property values immensely. Von Riesen, Independence resident, stated that their views from their home would be negatively impacted from the proposed tower and that the proposed tower would be visible from the nearby Manzanar Exchange lands. Cathy Paskin, External Affairs representative for AT&T, commented that AT&T would not undertake the installation of a new tower unless it was absolutely necessary. Barbara Leechman, Independence resident, stated that her current coverage with AT&T is adequate in the area and requests that AT&T provide analysis of alternative sites in the area. The public hearing was closed at 11:08 a.m. Commissioner Wasson stated that he had viewed the site from various locations and that the current tower is visible from the surrounding areas, but mostly blends in with the surrounding environment and that the proposed tower would be visible from a far greater area. Commissioner Wahrenbrock had questions on whether AT&T had looked at any alternative sites and that the public s concerns are related to visual impacts and not safety. Commissioners Corner commented that he would like to see alternative sites evaluated and had concerns over the structural integrity of the proposed tower. Commissioner Payne commented that the health, safety, and welfare of the public is more important than visual impacts. Commissioner Stoll had questions on what the coverage area would actually be from the proposed tower. Mr. Buchen commented that the proposed tower would connect with the adjacent towers to the North and South to provide wireless connectivity for the area. Ms. Crom noted that the Commission must approve any eligible wireless communications site that does not represent a substantial change of an existing site and that if the Commission does vote to deny the application then their decision must be in writing and have substantial evidence to support their decision. Josh Hart, Planning Director proposed that the Commission may approve the Telecom Plan and continue the Public Hearing for the Conditional Use Permit to a future date pending additional information provided from the applicant. County of Inyo Page 3 Planning Commission Minutes

4 MOTION: Moved by Commissioner Payne to approve the modifications to the Telecom Plan with the exception of the Independence site and to continue the Public Hearing on the Conditional Use Permit to a future date uncertain. The motion was seconded by Commissioner Corner. The motion passed 5-0. ITEM 6: BUILDING BLOCKS FOR SUSTAINABLE COMMUNITIES: NEIGHBORHOOD PLANNING FOR HEALTHY AGING County staff recently held a workshop with EPA consultants from the Building Blocks for Sustainable Communities Program, Toolkit for Healthy Aging. The workshop focused on issues affecting the quality of life of the older population in Inyo County and included a walking tour of Lone Pine. With the help of workshop participants, the consultant team developed a Next Steps Memorandum that provides the issues and opportunities, potential strategies and action items discovered during the workshop. Staff is giving a presentation to the Planning Commission on the Next Steps Memorandum and asking for their input. Cathreen Richards, Senior Planner presented the Staff Report and a PowerPoint presentation to the Commission. The Commission had the following comments: Possibly look at the Warren Street project in Bishop as an example to improve walkability. View of Bishop with no cars parked on Main Street could be used as a template. Ms. Crom added that it was Caltrans that was responsible for the No Parking along Main Street in Bishop. Staff noted that Lone Pine businesses would likely be opposed to no parking on Main Street in Lone Pine. The parking lot at the hospital has been completed and there are curb cuts for wheelchairs. COMMISSIONERS REPORT/COMMENTS Commissioner Stoll had the following concerns and comments: Inquired about the status of Digital 395. Ms. Crom noted that they are currently hooking up the communities. Has issues with the tattle based system of Code Compliance because it is not fair that people can complain about people whom they dislike, but ignore other problem properties. The vacant lot on Barlow Lane behind Value Sports is causing an increase in crime in the neighborhood and feels that nothing is being done to alleviate the problem. Commissioner Corner inquired on the status of the Critical Habitat proposal for the Yellow Legged Frogs. Ms. Crom noted that the public comment period had been extended to November and that there would be public meetings regarding the proposal. Mr. Hart noted that a night meeting was still being proposed for September to discuss the proposal and that Staff could invite representatives from the Fish and Wildlife. Ms. Crom commented that the Board of Supervisors was also proposing a public meeting on the proposal and that they could hold a joint meeting. Commissioner Wasson inquired about the status of the Adventure Trails program. Ms. Crom commented that an RFP for preparation of an EIR had been issued and that the proposals were due in mid-september. County of Inyo Page 4 Planning Commission Minutes

5 DIRECTOR S REPORT- Mr. Hart provided the following information: Regrets to inform the Commission that previous Senior Planner Tanda Gretz had passed away. Provided the Commission with a flyer highlighting the proposed changes to the General Plan and Zoning Code Update. Dana Crom commented that Margaret Kemp Williams had been hired as County Counsel and would begin on September 3, ADJOURNMENT - With no further business, Chair Wasson adjourned the meeting with a moment of silence for Tanda Gretz at 12:20 p.m., to reconvene in Regular Session on Wednesday, September 25, 2013 at a time and location To Be Determined. Prepared by: Nolan Bobroff Inyo County Planning Department County of Inyo Page 5 Planning Commission Minutes

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