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PC - Item 3A - Minutes 11-16-09Minutes of the PLANNING COMMISSION MEETING November 16, 2009 The regular meeting of the Rosemead Planning Commission was called to order by Chairwoman Herrera at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Commissioner Hunter INVOCATION - Chairwoman Herrera ROLL CALL OF OFFICERS PRESENT - Commissioners Eng, Hunter, Ruiz, Vice- Chairman Alarcon, Chairwoman Herrera OFFICIALS PRESENT: City Attorney Greg Murphy, Community Development Director Brian Saeki, Principal Planner Bermejo, Assistant Planner Trinh, Commission Secretary Lockwood 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE Marlene Shinen stated that she attended the Planning Commission on November 2, 2009, at which Wal-Mart's Annual Review was conducted. She also stated that she was present to witness Jim Flournoy, Secretary of "Save Our Community", breach the terms of the $400,000.00 settlement paid by Wal-Mart to "Save Our Community" regarding the Alquist Priolo Act. She also stated that Wal-Mart's Attorney, Jennifer Guenther, was present and responded to Mr. Flournoy's breach of contract by reminding the Planning Commission that Mr. Flournoy filed a lawsuit several years ago challenging Wal-Mart, and the court dismissed his action. She also stated that Jennifer Guenther said Mr. Flournoy then entered a settlement agreement in which he agreed not to raise the issue again. Ms. Shinen further stated that Jennifer- Guenther believes that the City has records of this settlement agreement. Ms. Shinen stated that she would like to provide the Planning Commission the history of this matter. She stated that between 2003 through early 2004 residents opposed the construction of the Wal-Mart Superstore in our residential neighborhood' and united under the named of "Save Our Community", and protested in 2004. She also stated in September 2004, Larry Bevington secretly incorporated "Save Our Community" using Corey Briggs as the attorney and made "Save Our Community" his own corporation. Larry Bevington became President, the Vice-President was Dave Stewart, and the Secretary was Jim Flournoy. Ms. Shinen stated that she was informed there was a $400,000.00 settlement paid by Wal-Mart to Save Our Community in June of 2008, and indicated that the settlement was to be signed by all members of Save Our Community. She further stated that during a City Council meeting on February 10, 2009, Jim Flournoy stated to the City Council that there are no members of Save Our Community, and his comment is on record. On September 12, 2008, attorney Corey Briggs told the Tribune that one check was written and it came to me. Marlene questioned the Commission if they felt that Wal-Mart would have paid a settlement of $400,000.00 to Save Our Community if they knew there were only three members. Ms. Shinen stated that she doesn't know, and stated that she submitted a California Public Records request to the City of Rosemead requesting a copy of the final settlement between Wal-Mart and Save Our Community showing an actual date and signatures of all parties. She said that she received an unsigned, undated worthless document on October 14, 2008, from City Manager Oliver Chi stating that this is the only document the City has on file. She stated that after months of persistence, the City Manager produced to me and the City Council, a signed copy of the $400,000.00 final settlement which was not dated. Ms. Shinen also stated that she has two requests. She said that Wal-Mart should take action to enforce Jim Flournoy's breach of the $400,000.00 settlement on November 2, 2009 before the Planning Commission, and request that the settlement be returned in its entirety. She also requested that the City provide her a copy of the signed and dated settlement under her original public records request, if the City has the document. She provided the Planning Commission with a copy of her original public records request. 3. CONSENT CALENDAR A. Approval of Minutes - November 2, 2009 Commissioner Eng and Chairwoman Herrera stated the date of minutes should be November 2, 2009 not October 2, 2009. Vice-Chairman Alarcon made a motion, seconded by Commissioner Eng to approve the Minutes of November 2, 2009. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None 4. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 09-09 - Royal Street Communications California, LLC has submitted a Conditional Use Permit application requesting to construct an unmanned wireless 60'- 0" tall monopine tree with six (6) panel antennas, one (1) parabolic dish antenna, one (1) Global Positioning Systems (GPS) antenna, and four (4) radio equipment cabinets, located in the San Gabriel County Water District yard at 8366 Grand Avenue in the R-1 (Single-Family Residential) zone. PC RESOLUTION 09-22 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 09- 09 FOR THE INSTALLATION OF AN UNMANNED WIRELESS 60'-0" TALL MONOPINE TREE, LOCATED IN THE SAN GABRIEL COUNTY WATER DISTRICT YARD AT 8366 GRAND AVENUE IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE (APN: 5389-001-901 AND 5389-001-902). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 09-09 for a period of six (6) months and 2 adopt Resolution 09-22, subject to conditions outlined in Exhibit "B". Assistant Planner Trinh presented the staff report. Chairwoman Herrera questioned the Commissioners if there were any questions for staff. Commissioner Eng questioned staff about the height of the plants that are proposed around the tower. Assistant Planner Trinh stated they are 36 inch box trees that will eventually mature. Commissioner Eng questioned staff if they knew how many wireless cell towers we have in that vicinity. Principal Planner Bermejo stated that staff did not do a' survey of how many wireless facilities we have in that area, but she knows that there is one located close by in the City of San Gabriel and there is one at the Mission Inn care facility. Chairwoman Herrera stated we will now open the Public Hearing and invited the applicant to podium. Pete Shubin, representative for the applicant, stated that he is available to answer any questions that the Planning Commission might have. Commissioner Eng questioned Mr. Shubin, if the carrier for this tower was Metro PCS. Pete Shubin replied that the applicants name is Royal Street Communications, who operates under the brand name of Metro PCS. Commissioner Eng questioned the representative if they had any existing towers in the City right now. Pete Shubin replied that he believes they do have some other facilities in the City. He said that the one on the roof of the Mission Inn care facility that was mentioned earlier, was a Royal Street Metro PCS Communications application that did not get constructed due to leasing issues. He also stated that he was not sure on the specifics of other tower locations but he believed they have some on the Edison towers located northeast of this facility. He also stated they looked at the towers on the Edison facility, but that they would not provide good quality coverage on the west side of town. Commissioner Eng questioned the applicant if the equipment can be upgraded on those existing towers. Pete Shubin replied no. He stated that it actually becomes a function of putting the equipment in the area to be served. He also stated if they upgraded the existing towers it would only provide better service for that specific area. Commissioner Eng questioned the applicant if there was a shelf life for the towers and equipment. 3 Pete Shubin replied the lease is for 25 years and the towers that were completed in the 1980's, when the industry came into existence, are still around. He also stated that as the demand increases, the need for more towers to service the demand is needed. Commissioner Hunter questioned applicant if the trees stay green or do they turn brown after time. Pete Shubin replied that coloring has come a long way, and the trees that have been built since 2002-2003 have a more natural look and are of better quality than the first trees that were built in the 1990s.. Commissioner Eng requested clarification from the applicant regarding the facility at the Mission Inn care facility. She questioned if there is a tower there now or if it was never built. She also asked the applicant what happens if a tower is built but never activated, and if they remove it. Pete Shubin said that there is not a tower at the Mission Inn facility, as the lease was not approved. He also stated that there are provisions in lease agreements that require them to remove the towers. Commissioner Ruiz questioned staff if the last cell tower that they approved was Sprint. Staff confirmed that it was. He also stated that structural data of the tower itself was requested of the previous applicant, and stated that it should be provided on all future cell tower applications. He questioned the applicant if they would be able to provide the structural data for their cell tower for the City's records. Pete Shubin replied yes. Chairwoman Herrera questioned if anyone in favor of this project wishes to speak. Brian Lewin stated he approves of the requirement that they plant trees. He questioned City Attorney Greg Murphy if the City has any legal recourse on limiting the number of these types of structures of being put up in our City. Greg Murphy, City Attorney, stated that the recourse would not be based on any kind of emission standards, but possibly in on the numbers of facilities that exist in the area. He further stated that the issue would need researching at the request of staff or the Council. He also stated that generally the applicant would not want to put up excess towers, as their intent is to have them spread out so they get adequate coverage. Brian Lewin asked if the City can legally create some restrictions or an ordinance, limiting the amount of cell towers in each area for different cell phone companies. Greg Murphy, City Attorney, stated that he does not have the codes in front of him and cannot give all the options of the City at this time. He also stated that you cannot bar them, but the City can possibly make them look into requiring collocation. He also stated that collocation requirements have been used in other places where it seemed to make sense where larger structures exist, but if the City's concern is the size of the structure, 4 then collocation is counter productive. He further stated that the issue would need researching at the request of staff or the Council. Chairwoman Herrera questioned if there was anyone else in favor. None Chairwoman Herrera questioned if there was anyone against the project who wished to speak. None Chairwoman Herrera closed the Public Hearing. Vice-Chairman Alarcon made a motion, seconded by Commissioner Ruiz, to APPROVE Conditional Use Permit 09-09 for a period of six (6) months and adopt Resolution 09-22, subject to conditions outlined in Exhibit "B". Vote resulted in: Yes: Alarcon, Herrera, Hunter, Ruiz No: None Abstain: Eng Absent: None B. MUNICIPAL CODE AMENDMENT 09-03 - AMENDING CHAPTER 17.12 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO THE AMORTIZATION OF NONCONFORMING POULTRY SLAUGHTER BUSINESSES - The City of Rosemead is proposing to amend Chapter 17.12 of the Rosemead Municipal Code relating to the amortization of nonconforming poultry slaughter businesses in the City (Ordinance No.883 - Exhibit A). Under the current code, poultry slaughter is not a permitted use. However, poultry slaughter businesses commenced prior to May 14, 1991 which have continued in existence since that time may continue to exist, so long as they do not expand. The proposed amendment requires that all nonconforming poultry slaughter businesses cease operation effective December 31, 2012. It also allows owners of such businesses to apply for an extension at least 180 days prior to December 31, 2012. PC RESOLUTION 09-23 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE DECLARATION AND ADOPT MUNICIPAL CODE AMENDMENT 09- 03 AMENDING CHAPTER 17.12 OF TITLE 17 OF THE CITY OF ROSEMEAD MUNICIPAL CODE RELATING TO THE AMORATIZATION OF NONCONFORMING POULTRY SLAUGHTER BUSINESSES Recommendation - Staff recommends that the Planning Commission ADOPT Resolution No. 09-23, a resolution recommending that the City Council APPROVE the Negative Declaration and ADOPT Ordinance No. 883, modifying the zoning code with respect to the amortization of poultry slaughter businesses. Brian Saeki, Community Development Director, addressed the Planning Commission and requested that this item be postponed to the December 7, 2009, Planning Commission Meeting. He stated that staff recommends opening this public hearing to satisfy the legal noticing requirements. He also requested that all interested persons wishing to address the Planning Commission regarding this item could do so at the December 7, 2009, Planning Commission Meeting.. Chairwoman Herrera confirmed with staff that all comments for this item will be discussed at the December 7, 2009, Planning Commission Meeting. Brian Saeki, Community Development Director, replied yes. He further stated that if there is someone wanting to speak now who will not be able to attend the December 7, 2009, Planning Commission Meeting, they could speak. Chairwoman Herrera questioned if there was anyone asking to speak tonight on this matter who will not be able to attend the December 7, 2009 meeting. None Chairwoman Herrera opened the public hearing and questioned if anyone would like to make a motion to postpone this item until the December 7, 2009, Planning Commission Meeting. Vice-Chairman Alarcon made a motion, seconded by Commissioner Ruiz, to POSTPONE Municipal Code Amendment 09-03 - Amending Chapter 17.12 of Title 17 of the City of Rosemead Municipal Code relating to the Amortization of Nonconforming Poultry Slaughter Businesses to the December 7, 2009, Planning Commission Meeting. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No None Abstain: None Absent: None 5. MATTERS FROM THE CHAIRWOMAN & COMMISSIONERS None 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF None Principal Planner Bermejo stated that she would like to wish everyone a Happy Thanksgiving. 6 7. ADJOURNMENT The next regular meeting is scheduled for Monday, December 7, 2009, at 7:00 p.m. Meeting adjourned at 7:29 p.m. Diana Herrera Chairwoman ATTEST: Rachel Lockwood, Commission Secretary 7