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TC - Item 3A - Minutes 15, 2010Minutes of the PLANNING COMMISSION MEETING November 15, 2010 The regular meeting of the Planning Commission was called to order by Chairman Alarcon at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Commissioner Hunter INVOCATION - Commissioner Herrera ROLL CALL - Commissioners Herrera, Hunter, Ruiz, Vice- Chairwoman Eng, Chairman Alarcon ROLL CALL OF OFFICERS PRESENT: Community Development Director: Wong, City Planner Bermejo, Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Planner Bermejo presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes - November 1, 2010 Vice - Chairwoman Eng stated that "she would like to have the minutes reflect that Kamen Lai presented an assessor parcel' map to the Planning Commission showing similar subdivision development in the neighborhood of the Rose Street subdivision. . She also 'stated that she would like to clarify her comments regarding the colors of the bank on page 9. She'stated that, her point was to work with the applicant and to give him guidance, and that she does not want to get to a point where we are telling proprietors what colors to paint. Commissioner Herrera'made a motion, seconded by Vice - Chairwoman Eng, to APPROVE the Minutes of November 1, 2010 with corrections on page 2 and 9. Vote resulted in: Yes: Alarcon, Eng, Herrera, Ruiz No: None Abstain: Hunter Absent: None 4. PUBLIC HEARINGS i A. CONDITIONAL USE PERMIT 10.07 - Clearwire has submitted a Conditional Use Permit application to construct a wireless telecommunications facility at the Rosemead Community Recreation Center, located at 3936 Muscatel Avenue in the 0 -S (Open Space) zone. The proposed facility consists 'of six 4' -0" tall panel antennas and six 26" diameter parabolic microwave dishes mounted on three sectors at a height of 55% 0" on a new 60' -0" tall cell tower designed to simulate a pine tree. The project also includes the installation of one new ground - mounted equipment cabinet, totaling 144 square feet, which will be constructed at 'the southeast corner of the existing Rosemead Community Recreation Center building. PC RESOLUTION 10 -34 - A RESOLUTION OFITHE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS I ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 10-P7, FOR THE INSTALLATION OF NEW ANTENNAS AND EQUIPMENT FOR ; A . NEW MONOPINE WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 3936 MUSCATEL AVENUE IN THE 0 -S (OPEN SPACE) ZONE. Staff Recommendation - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 10.07 and ADOPT Resolution No. 10 -34 with findings, and subject to the twenty seven (27) conditions. City Planner Bermejo presented the staff report and Power -Point presentation. She also stated that staff received correspondence this afternoon from an anonymous citizen regarding their concerns with the proposed wireless facility. Chairman Alarcon asked if the Planning Commission had any questions for staff. Vice - Chairwoman Eng questioned staff if the antenna emits noise. City Planner Bermejo replied that the antennas do not emit noise. Vice - Chairwoman Eng asked staff if most of the noise emitted would be coming from the equipment such-as the air conditioner units. City Planner Bermejo replied that the noise that potentially comes from these cell sites are from the A/C units that cool the equipment. She stated that the Rosemead Municipal Code requires applicants to submit noise measures if the subject site is1within 100 feet of residential property. She stated that the noise measurements at a residential property line are required to be at least 50 dBA, and that the applicant's measurements were significantly below that. Vice - Chairwoman Eng asked staff what is the distance of the closest residence from this site City Planner Bermejo replied that the closest residence is approximately 100 feet away. Vice - Chairwoman Eng asked staff if a noise study was submitted. 9 City Planner Bermejo replied that noise level measurements were submitted, which analyzed the A/C units. She also stated the noise measurement reached the 50 dBA limit 7 feet away from the equipment enclosure. Commissioner Ruiz asked staff when and if it is necessary for the applicant to install a generator, and if a generator is installed, what type of generator will be installed, and what will the noise level be from that generator. City Planner Bermejo replied that would be an appropriate question for the applicant and based on the plans submitted a back up generator is not being proposed. Commissioner Ruiz expressed concern that if a back up generator needs to be brought in the future it may change the noise level for the neighborhood. Vice - Chairwoman Eng asked staff how many monopines we have in the City. City Planner Bermejo replied that according to the ;map (Exhibit G) of cell sites in the agenda packet there are five. Vice - Chairwoman Eng asked staff if they are by different carriers. City Planner Bermejo replied yes. Vice - Chairwoman Eng asked staff where the closest Clearwire site is from this site. City Planner Bermejo replied that on the map in Exhibit G, there is a "C" where one is currently being proposed on Muscatel Ave and based.on this map it appears the nearest would be located at Rosemead High School `. t Vice - Chairwoman Eng asked staff if that was the one located on the rooftop, and asked how far away that site was from the applicant's proposal. Planning Commissioners replied that it is about 1/2 a mile away. Vice - Chairwoman Eng stated that she would like to have a standard Condition of Approval for the carrier to be proactive in maintaining the aesthetics of these sites. She also asked staff if this was possible. City Planner Bermejo stated that we should wait until we open the public hearing and hear all comments before we establish the Conditions of Approval. Chairman Alarcon opened the Public Hearing and invited applicant to speak. Fiona Hilyer, with Bemis Development and representative of Clearwire thanked Ms. Bermejo and asked the Planning Commission to approve this project. She also stated she would be happy to answer any questions. Vice - Chairwoman Eng stated there is already an existing Clearwire site at 801 E. San Gabriel Boulevard, and asked Ms.Hilyer if this site could provide Ithe needed coverage. Fiona Hilyer, Clearwire representative, replied no. She said it would provide the coverage needed along Valley Boulevard. She also stated the sites are designed by Clearwire's radio frequency engineers and that they do not add any additional sites if, they are not needed. Vice - Chairwoman Eng stated that Clearwire has a number of sites in Monterey Park, San Gabriel, Temple City, and Rosemead but the majority are in Rosemead. She also asked Ms. Hilyer why there is such a need for Clearwire sites in Rosemead. Fiona Hilyer, replied she does not know and she would have to have the design engineer address that question. Commissioner Ruiz asked Ms. Hilyer, if a generator would have to be installed, what kind would be brought in and would it be possible to have one installed that is propane rather than diesel powered, because they are quieter and better for the atmosphere.' Fiona Hilyer replied she is not opposed that idea, and stated that they do not plan on bringing in a generator. She also stated that normally they install diesel powered generators but they are willing to comply. Commissioner Ruiz stated that he is very familiar with diesel and it generates a lot of noise. He also stated that if a generator is needed, he would like that it be propane and added as a Condition of Approval. Commissioner Hunter asked Ms.. Hilyer if all monopines have air conditioning units or just this particular one atdhis site. Fiona Hilyer replied that all cell sites have them. She also stated this particular one only has one air conditioning unit which is run' intermittently. Commissioner Herrera asked Ms. Hilyer if there were going to be three antennas's on this monopine site and if more will be requested later. Fiona Hilyer replied that there are three sectors sectors at this particular site. and no they are not planning to add any more Commissioner Herrera asked Ms. Hilyer what is the distance of coverage. Fiona Hilyer replied that the coverage is usually about a mile from the cell site. She also stated the coverage will be along Valley Boulevard. She also stated there are three sectors, two panel antennas in each sector, and two microwave dishes. i Commissioner Herrera asked Ms. Hilyer if they will need anymore than that. 11 Fiona Hilyer replied no, not that she is aware of. She also stated another carrier may want to come in the future and want to locate on a lower section of the tree but she does not foresee Clearwire changing their site for the time being. Karl Dannemann, resident, thanked the Planning Commission and stated that he and his family live right behind the proposed cell site. He also stated that he has done some research on these types of cell towers and technologies, and although there does not currently seem to be enough statistical evidence to show clear harm, his belief is based on what he has read, is that experts agree not enough time has passed studying these microwave, EMF or electro magnetic field effects on humans in constant close range to these towers over long periods of time. He also compared the effects of tobacco smoke to the human body and stated we have a responsibility to consider the potential side effects of this tower in the same manner., He also stated that he can see how the City of Rosemead would benefit from such a tower and stated it supports the Strategic Plan which he found on the City website. He also read a quotation of the Strategic Plan. He also stated that he would like the Planning Commission to work with Clearwire and ask Clearwire to consider an alternate location for this tower, for example there is a space by the UFC Gym next to the 10 Freeway, which is away from residents and the pre- school. He also stated that he had done a search on a website called AntennaSearch.Com and found that there are currently 397 cell phone antennas and 159 towers within a 4 mile radius of City Hall with one that is owned by Clearwire .14 miles away on Valley Boulevard. He also asked why there is a need for more and would like Clearwire to explain. He also asked that this permit not be approved for this current location. Eliseo Acevedo Martinez, resident, stated that he has lived in Rosemead for close to 30 years. He also stated that he lives on Ivar right next to the Community Center and they will be the closest impacted. He also referred to the City of San Gabriel and stated that he was told that they put their cell site antennas along the freeway,' He also stated that he is proud of Rosemead and feels the City is improving and impacting positives. •He also agrees with Mr. Dannemann that there has not been enough study on cell tower emissions and he also agrees they should be located along the Freeway away 'from residential areas. He also requested that the Planning Commission to consider if they would like this in their back yard and requested they do not approve this project. Jester Jung,_ resident, stated that when he moved into this area 40 years ago the Community Center was not there. He also stated he endured when the Community Center was built, his neighbor being allowed to build a 2,400 square foot home, which now blocks his view, and now the City wants to put this tower behind his back yard. He stated that he does not want the tower built, it will be 60 ft. high and will be behind his back yard. He also stated that the City must be getting something out of this and asked if the City's budget is that bad. He expressed concern that it will impact the neighborhood and asked why the City is putting this right in middle of the City. He also asked if the Planning Commission would like this in their back yard because he doesn't. Chueng Yen Thai, resident, with Vice - Chairwoman Eng translating, stated that he is concerned because his home is directly behind the Community Center. He also stated Rosemead is his home and expressed concern that the tower will not fit in aesthetically in the neighborhood. He also expressed concern over health issues and the impact it will have on his children. He thanked the Planning Commission and stated he hopes they take his concerns into consideration. 5 Mark Rodriguez stated he has been a resident of Rosemead since 1986, and he would like to express his concern with the health effects regarding this tower. He stated that he would like to echo his sentiments of his neighbors and he does not want this in his back yard and believes the Commission would not like this in their back yard as well. He also stated that the City should not be willing to take the chance on health effects of cell towers and should think of the children in the neighborhood. He also expressed that Rosemead has enough cell towers and asked why Rosemead need's another tower. Rolend Scher, resident, expressed concern over health issues. He also stated his mother has a pacemaker and her physician stated that she cannot use the microwave. He also expressed that the cell tower will be behind his back yard and is worriedlhow this will affect his mother's health. He also used cell phone usage as an example for health concerns. He also stated that his main concern is for his mother's health. Fiona Hilyer, with Bemis Development, representing Clearwire stated that in regards to emissions, Clearwire, at the cities request, submitted a RF Emissions test, which was conducted by an independent third party and the emissions from the antennas and microwave dishes, was below the allowable emissions by the FCC. She also stated that cell sites have been around since the 1980's and this is not new technology. She also stated it has been around long enough that some studies have been done, that can say if they actually affect people. She also stated that as far as the antennas are concerned, you have to be in literally in front of the antennas within 5 feet to suffer from emissions. She also stated that the antennas will be anchored at 55 feet high. She also stated you will not suffer from emissions and you will'get more emissions from your cell phone being held to your head. She stated that RF emissions dissipate within five feet and there is not a health risk from them:. She stated that in regards to where the site is located, yes there is an existing monopole which is owned by Sprint, which is affiliated with Clearwire, but we were told we are not allowed to go on that monopole because the City does not like it and we were directed to go the Community Center. "She also stated °the; network is designed by engineers and this is providing a differenftype of tectnology and it is actually providing a wireless internet service. She also stated that this is different from what the other cell sites are providing cell phone coverage and this is. new technology and these are'�new sites and a new network and that is why so many are being buk'inMthe area She also stated that the other site locations that were suggested, such as the location by the freeway are already covered. Community Development Director Wong asked Ms. Hilyer if this particular area has coverage. Fiona Hilyer replied yes there is coverage but the engineers decided that a cell site was really needed here to cover Valley Boulevard, the existing sites do not cover that. Community Development Director Wong asked Ms. Hilyer Rosemead, would that provide adequate coverage. Fiona Hilyer replied that they already have coverage there. , if you located by the 10 Freeway and Community Development Director Wong asked so this would be duplicated. v Fiona Hilyer replied that this is another type of coverage, it is providing wireless internet coverage not cell phone coverage. She stated this is a different company that is targeting residential neighborhoods and businesses that would want wireless internet service. Community Development Director Wong asked what the coverage distance is for this proposed site. Fiona Hilyer replied that it will cover up to about a mile from the site. Community Development Director Wong asked so beyond a mile there is additional coverage. Fiona Hilyer replied yes, there would be other sites like the one at Rosemead High School. Community Development Director Wong asked so if this is approved, we will not see another one a block away. Fiona Hilyer replied no, this is the last site they will be building here. She also stated we are not aware of another site being proposed. Community Development Director Wong asked where the location of the other Sprint tower is. Fiona Hilyer replied the Sprint tower is located on the corner of Valley Boulevard and Muscatel Avenue. She also stated that is where Clearwire actually wanted to go there, as it is much cheaper to co- locate on an existing site., , Community Development Director',Wong asked Ms. Hilyer if that would cover the void. Fiona Hilyer replied yes it would. Community Development Director Wong asked so that would accomplish this proposed tower. Fiona jHilyer replied yes, but were not allowed there. Community Development Director Wong asked if this is an existing monopole. Fiona Hilyer replied.yes, it is an existing Sprint monopole. Commissioner Ruiz asked Ms. Hilyer if this site is needed to provide new technology including wireless internet and GPS and confirmed it will not be for cell phones. Fiona Hilyer replied that yes, it will be for wireless internet service. Vice - Chairwoman Eng asked Ms. Hilyer, if the technology is based on satellites for cell phones and wireless internet, how is it different. Fiona Hilyer replied that they are not based on satellite, the antennas work similarly to cell sites but it is not providing cell phone coverage, just internet service, and the technology is similar. 7 Chairman Alarcon closed the Public Hearing. Community Development Director Wong stated he would like to respond to a few of the concerns by the citizens that are here, regarding coverage the purpose of the Conditional Use Permit is to review the location and also to address the aesthetics of the location. He also stated in terms of allowing or denying the location of the cell site, that's something we are exempt from federal law. He also stated that if there is an area that is not being covered, by law we have to permit them in. He also stated that the only thing the City can regulate is aesthetics or find another location that will provide the same coverage. He also stated that it is his understanding that there is another site that would do the same. He stated again that we cannot deny the use but there is another cell site that the use can go and have the same coverage. Vice - Chairwoman Eng stated that she would like to have staff evaluate the existing sites that we have right now and see how we can fill in the gaps if it is feasible. She also stated she would like to understand from the engineer and find out why the majority of cell sites are located in Rosemead and why is there such a need for here. Community Development Director Wong stated that we need = a motion by the Commission to CONTINUE this matter to the next Planning Commission meeting that will be held on Monday, December 6, 2010. He also asked'.,the- Planning Commission, that the purpose of this is to evaluate the other location and potential options to relocate this particular proposed cell site, is that correct. Vice - Chairwoman Eng replied that is correct and also to get abetter understanding of the gaps in the City. Vice - Chairwoman Eng made a motion; seconded by Commissioner Herrera, to CONTINUE Conditional Use Permit 10.07 and ADOPT Resolution No. 10.34 with findings, and subject to the twenty. seven (27) conditions to the next regular Planning Commission meeting to be held on Monday, December 6, 2010. Vote resulted in: Yes: No: Abstain: Absent: Alarcon, Eng, Hen None 'None None 5. MATTERS FROM THE CHAIRMAN & None 6. MATTERS FROM STAFF tuiz ERS A. Zoning Code Update Process: Follow -Up and Further Discussion City Planner Bermejo presented a Power -Point presentation on the Zoning Code Update process. Items that were discussed are as follows. • Development patterns and development objectives. • General Plan objectives and land use. • Types of businesses that would like to be seen in the commercial corridor. • Potential ideas for Garvey Boulevard to make this a walking District • How codes and zoning can be changed for the future. • Explanation of the zoning districts. • Zoning Uses in the past and how some businesses were grandfathered in and existing businesses. c • A list of permitted uses in the Commercial / Industrial zones for the Planning Commission to refer to. A list of modern uses will also be available. • Outdoor storage not permitted in some cases., Change zoning to prohibit outdoor storage. • Land Use designations. • Shopping Cart and signage concerns • Transportation, parking concerns, and types'o(clontrol for the City to use. • Regulating the size of garages per home and garages that are being used as businesses. • FAR Standards and Mansion ization of homes. • Home based businesses and home occupancy standards that may be needed for the future • Travel trailer vehicle regulations. • Regulations for standard building homes and streamlining the process for building permits • Timelines of processes that are needed in the Planning Division. • Corner lot requirements IV 7. ADJOURNMENT. The nezYregular Planning Commission meeting will be held on Monday, December;6,,2010, at 7:00 p.m. 3 William Alarcon Chairman ATTEST: Rachel Lockwood Commission Secretary