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PC - Minutes 05-17-10Minutes of the PLANNING COMMISSION MEETING May 17, 2010 The regular meeting of the Rosemead Planning Commission was called to order by Vice-Chairman Alarcon at 7:03 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Commissioner Eng INVOCATION - Vice-Chairman Alarcon ROLL CALL OF OFFICERS PRESENT: Commissioners Eng, Hunter, Ruiz, Vice-Chairman Alarcon, Chairwoman Herrera. OFFICIALS PRESENT: City Attorney Greg Murphy, Community Development Director Wong, Principal Planner Bermejo, Assistant Planner Trinh, and 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 None 3. CONSENT CALENDAR A. Approval of Minutes - May 3, 2010 Vice-Chairman Alarcon made a motion, seconded by Commissioner Eng, to approve the Minutes of May 3, 2010, as presented. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None 4. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 10-01 - T-Mobile has submitted a Conditional Use Permit application requesting to install an unmanned wireless telecommunications facility on an existing Southern California Edison (SCE) transmission tower located at the northeast corner of Walnut Grove Avenue and Mission Drive, in the A-1 (Light Agricultural) zone. PC RESOLUTION 10.13 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 10.01, FOR THE INSTALLATION OF A NEW WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT THE NORTHEAST CORNER OF WALNUT GROVE AVENUE AND MISSION DRIVE IN THE A-1 (LIGHT AGRICULTURAL) ZONE (APN: 5289.005.800). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 10.01 and ADOPT Resolution No. 10.13 (Exhibit "A") with findings and subject to seventeen (17) conditions outline in Exhibit "B". Assistant Planner Trinh presented the staff report. Chairwoman Herrera opened the public hearing and invited applicant up to speak. Ed Gala reiterated the information that was. presented in Assistant Planner Lily Trinh's report. He also stated T-Mobile agrees to comply with all conditions and stated T-Mobile representatives James Wilkerson, RF Engineer, Linda Paul, Senior Development Manager, and T-Mobile's Attorney, Ben Ruben, are present to answer questions. Commissioner Eng stated she had a few questions for the RF Engineer. Chairwoman Herrera invited T-Mobile's RF Engineer to podium. James Wilkerson, RF Engineer for T-Mobile, stated he is available for questions. Commissioner Eng questioned James Wilkerson the RF Engineer, if T-Mobile is trying to provide a greater amount of indoor coverage correct. James Wilkerson, RF Engineer, replied that is correct. He said we are looking to enhance the coverage within a .4 square mile area. Commissioner Eng asked if there are existing sites that could provide the same cell service coverage. James Wilkerson, RF Engineer, replied there are existing sites, but they are not capable of providing the level of in- building coverage to meet the objective. Commissioner Eng asked Mr. Wilkerson if there was a way that T-Mobile could upgrade existing sites that already have in-vehicle coverage to provide greater amount of indoor coverage. James Wilkerson replied no. Commissioner Eng asked Mr. Wilkerson, so then the existing sites can not extend their coverage. James Wilkerson replied no, and as market demand increases and numbers of subscriber's increase we need to continually exhaust all options, and in this particular case there was not an option. Commissioner Eng asked why there is not an option in this case. James Wilkerson replied it was not an option, because this existing site is already maxed out in terms to their capacity. Commissioner Ruiz asked if this site will it be sufficiently maximized. James Wilkerson, R F Engineer, replied the assessment that was determined will be sufficient for this .4 square mile area. Commissioner Ruiz asked Mr. Wilkerson if this facility will be the last one for this area. James Wilkerson replied that will be determined.by market demand. Commissioner Ruiz asked if this facility will cover the future demand as T-Mobile is the number one carrier for this area. James Wilkerson, RF Engineer replied ten years from now we will probably have to reassess as market trends change. Commissioner Eng asked how many residents of Rosemead are customers of T-Mobile. James Wilkerson, R F Engineer, replied he does not have public record of that information. Commissioner Hunter stated on the alternate location it states there will be indoor coverage, and asked if it is fact that in future there will be more cell phones and not land lines. James Wilkerson, RF Engineer replied that is correct. He also gave a brief overview of how T- Mobile wireless facilities are selected and established. Chairwoman Herrera invited Linda Paul and Ben Ruben representatives of T-Mobile to speak and both declined. William Stonemeyer, resident of Rosemead, stated he appreciates T-Mobile coming in. He would like to state that technology is moving fast and upgrades are anticipated. He also stated we don't want to be a doormat city and would like to recommend that the City take a survey to see how many residents are T-Mobile subscribers. He also stated we are moving too fast and would like the City to slow down with cell sites. He also stated lets mitigate aesthetics. James Hankins, resident of Rosemead stated that he would like to touch on radiation aspects and emission standards that the FCC allows. The United States has the highest standards and others countries are lower. He would not like the cell tower because of health concerns and property value will go down. He also stated the people of Walnut Grove can see it as they walk out there front door. He also mentioned another site that is being considered and questioned where it will be. Commissioner Ruiz replied and explained that the first location is closer to homes and the second location it better because it is closer to open land. He also stated that we have to comply with FCC Standards. Chairwoman Herrera asked if T-Mobile would like to address any of the health concerns that have been discussed. City Attorney Greg Murphy stated that health issue concerns have been addressed by T- Mobile and they have met the federal standards and that decisions cannot be made on concepts of radiation tonight. Mr. Hankins, resident of Rosemead stated that real estate value not be encouraged with cell sites. Linda Paul, Development Manager for T-Mobile, stated that she would like to address some of the concerns that were discussed. She also stated not only do we comply with FCC standards, but, we are thousands of times below some of the limits that were brought up. These networks are very low powered radio transmissions and are designed to work like a sprinkler in a lawn to effectively cover an area. She also addressed the issue of property values and stated there are no studies that indicate that cell towers impact property values because it is infrastructure. She also stated it is like having electricity, water, and sewer service in the home; it is a necessity for everybody's use today. William Stonemeyer, a resident, stated that he feels these cell structures do effect the real estate property values and especially if they go into the residential area. He also stated he would like to document the need of this cell site and let's consider the aesthetics. He also suggested lets think about a policy to take care of wireless facility issues. Chairwoman Herrera closed the Public Hearing. Commissioner Eng stated that City Staff and City Council are working really hard to beautify the community. She also stated we have heard from the residents of Rosemead and they will be directly impacted visually by this project, so we need to take their comments into consideration. She also stated that Rosemead is 5.5 miles and has 34 sites erected by a number of carriers, including T-Mobile. She also stated that she feels this is too many for a city of our size. She also stated that in her view, cell phone service is not a needed utility such as electricity and water and that it is a convenience, not a necessity. She also stated she does not want to see Rosemead become America's Small Town of Wireless Telecommunications Facilities capital. Vice-Chairman Alarcon asked staff when this new policy is going into effect. Principal Planner Bermejo replied it will be going to City Council on May 25, 2010, for a second reading and if it is approved it will go into effect thirty days from May 25, 2010. She also stated that should be June 24, 2010. Vice-Chairman Alarcon asked staff how many cell sites including T-Mobile, are on this location. Principal Planner Bermejo replied there are 33 around the city, but does not have the number on 4 hand for the .5 mile radius. Vice-Chairman Alarcon addressed Mr. Stonemeyer and stated that we do have lots of towers and some are hidden and look like trees, but this one in particular is not because it is on an Edison location with existing towers. William Stonemeyer replied from the audience but his response was not audible. Commissioner Ruiz made a motion, seconded by Vice-Chairman Alarcon, to APPROVE Conditional Use Permit 10.01 and ADOPT Resolution No. 10-13 (Exhibit "A") with findings and subject to seventeen (17) conditions outline in Exhibit "B". Vote resulted in: Yes: Alarcon, Herrera, Ruiz No: Eng, Hunter Abstain: None Absent: None Community Development Director Wong stated to Chairwoman Herrera that for clarification the decision is final unless it is appealed within 10 days to the City Council. CONDITIONAL USE PERMIT 10.03 - Mack Lee of Caga Sushi has submitted a Conditional Use Permit application, requesting approval for a new On-Sale Beer and Wine (Type 41) ABC license in conjunction with an existing bona fide public eating establishment, located at 8150 Garvey Avenue, Units 105.106, in the C3 (Medium Commercial) zone. PC RESOLUTION 10.16- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 10.03, FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR CAGA SUSHI, LOCATED AT 8150 GARVEY AVENUE, UNITS 105-106 IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5284.001- 030). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 10.03 and ADOPT Resolution No. 10.16 (Exhibit "A") with findings and subject to the twenty-seven (27) conditions outlined in Exhibit "B". Assistant Planner Trinh presented staff report. Chairwoman Herrera opened the public hearing and invited the applicant to speak. Justin Kim representative of Mack Lee re-iterated the project. He also stated he has been working with staff with safety concerns. He stated that he had visited the site and noticed there are 11 security cameras in the restaurant and there are over 50 security cameras in this shopping center and every angle of this building is covered. Mr. Kim also submitted photos of the security cameras at the shopping center and restaurant. He also stated that Mr. Lee is willing to have his staff trained for ABC regulations so they will know what their responsibilities are. City Attorney Greg Murphy stated that anyone wishing to look at the photos that were submitted is welcome to come up and view them. Chairwoman Herrera asked if there was anyone in favor of this project. None Chairwoman Herrera asked if there was anyone against this project. None Chairwoman closed the public hearing and asked for a motion. Vice-Chairman Alarcon made a motion, seconded by Commissioner Ruiz, to APPROVE Conditional Use Permit 10-03 and ADOPT Resolution No. 10.16 (Exhibit "A") with findings and subject to the twenty-seven (27) conditions outlined in Exhibit "B". Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None Community Development Director Wong stated the decision is final unless it is appealed within 10 days to the City Council. 5. MATTERS FROM THE CHAIRWOMAN & COMMISSIONERS None 6. MATTERS FROM STAFF A. Discussion of Zoning Inconsistencies in Flag Lot Ordinance (Ord. No. 560) Principal Planner Bermejo discussed the development standard inconsistencies in the City's existing Flag Lot Ordinance and proposed two options to resolve these inconsistencies. Option 1: The first option would be to amend Appendix A to clarify the 6,000 gross lot area requirement and to allow the access leg to be shared equally between each of the lots. This option would allow a greater amount of flag lot development in the City, as a greater amount of access leg area could be counted toward each of the total flag lot areas. Option 2: The second option would be to clarify the 6,000 gross lot area requirement, but amend the text portion of the code to enforce the lot width and street frontage requirements illustrated in Appendix A. The second option would actually limit flag lot development in the City, because requiring one of the lots to provide a minimum of 15 feet of real property frontage limits the amount of access leg area available to count toward the other lots. Commissioner Eng questioned if the inconsistencies regarding flag lots pertain to the two, three, or four lot subdivisions. Principal Planner Bermejo replied that there are inconsistencies with all the flag lots. Commissioner Ruiz asked if option A was to divide them equally. Principal Planner Bermejo replied option A would clarify what the City's intent was in regards to this ordinance. She also stated it is our recommendation that we set a gross lot area of 6,000 square feet that would be consistent with the minimum lot area of the R-1 and R-2 zones. She also stated to clarify the second inconsistency which is the text portion of the ordinance; it says that each lot has to have a minimum of three feet frontage. She also stated staff is recommending allowing the access leg to be shared equally between each of the lots. Commissioner Eng asked if the three feet is the same for all three subdivisions. Principal Planner Bermejo replied there are two requirements and the first one is, when you have two flag lots you have to have a total access of leg width of 18 ft. Commissioner Ruiz stated so it is better to have them shared equally. Principal Planner Bermejo replied that is what staff is recommending. Commissioner Eng asked if the FAR would be based on the net lot areas not the gross lot areas. Principal Planner Bermejo replied that is correct. She also stated staff will take into consideration for your feedback, and will be moving forward with a Municipal Code Amendment to correct this. 7. ADJOURNMENT The next regular Planning Commission meeting is scheduled for Monday, June 7, 2010, at 7:00 p.m, AT ST: a Rachel Lockwood, Commission Secretary Diana Herrera Chairwoman