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PC - Minutes 12-06-10Minutes of the PLANNING COMMISSION MEETING December 6, 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 Ruiz INVOCATION - Commissioner Hunter ROLL CALL - Commissioners Herrera, Hunter, Ruiz, Vice- Chairwoman Eng, Chairman Alarcon ROLL CALL OF OFFICERS PRESENT: City Attorney Greg Murphy, Community Development Director Wong, City Planner Bermejo, 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 - November 15, 2010 Vice - Chairwoman Eng made a motion, seconded by Commissioner Herrera, to approve the Minutes of November 15, 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 10.07 - 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. On November 15, 2010, the Planning Commission continued this public hearing item to the December 6, 2010 Planning Commission meeting due to resident concern regarding possible health risks that could be caused by the proposed facility and the possibility of Clearwire achieving the same service coverage objectives at alternative sites within the neighborhood vicinity that are less intrusive. The Commission directed Clearwire to provide service coverage reports for a potential co- location at an existing monopole located at 8780 East Valley Boulevard and a new facility location at 3520 Ivar Avenue for the purpose of analyzing service coverage comparisons. Staff Recommendation - The Planning Division would like to request that the Commission continue this public hearing item to a date uncertain. The continuance will allow the Planning Division to complete their analysis of the coverage reports that have been submitted for review, as well research information on Antenna RF Emission Safety from the Federal Communications Commission (FCC). City Planner Bermejo presented the Memorandum regarding the Continuance of Conditional Use Permit 10 -07. Vice - Chairwoman Eng stated that she would like to recommend to continue this item until a date uncertain, so as the Planning Division may complete their analysis of the coverage reports. City Attorney Murphy suggested that, before the Planning Commission votes on a continuance, we should open the Public Hearing as there has been a few speaker request submitted for this item. He also recommended that anyone wishing to speak on this item should wait until that Planning Commission meeting so as your comments will be fresh for the Planning Commissioners. He also stated that staff will mail out and post the Public Hearing Notice with the date and time of when this item will be heard. He also stated that if you will not be able to attend that meeting please feel free to comment tonight. Chairman Alarcon opened the Public Hearing and read the names of each speaker request and asked if they would like to speak tonight. Feng -Lian Hwang, resident, stated she is requesting that the Planning Commission not approve Conditional Use Permit 10 -07. She expressed concern that the wireless tower is too close to the residential area and with radiation emissions. She also stated that it has been documented that radiation may cause cancer and is concerned because this is a residential area. She also stated that she feels this tower will bring the property value down in the neighborhood. She asked if the Federal Government has restrictions on how close can wireless facilities be, to residential areas. She also stated that the notices that the City send out should also be sent out in other languages. She also asked how much money the City will receive if this project is approved. She stated we already have a tower and asked why we have to have more. She also stated please make Rosemead a better City to live in and let's not put anymore wireless towers. 2 Karl Dannemann, resident, thanked the Planning Commission for taking what was said previously into consideration. He also requested that the Planning Commission ask more questions and please look into some of the representatives responses to questions, such as why the pole at Rosemead High School could not handle this equipment. He stated that the representative referred to "they" would not let them and he would like the Commission to ask who "they" were. He also stated that the representative was able to answer some engineering questions but there were times that she replied that she could not answer because she was not an engineer. Chairman Alarcon replied that the representative referred to the RF Engineers as "they ", and the representative stated that she is not an engineer. Chairman Alarcon also stated that is why the Planning Commission requested that the RF Engineers be present at the next scheduled Planning Commission meeting for this item, so as they can answer all the questions that the representative could not. Elisco Martinez, resident, stated that he has been a resident for over 30 years and he would like to thank the Planning Commission for letting the residents speak. He also requested that the Planning Commission please take our strong motions into consideration and please find another location to build this cell tower. Chairman Alarcon asked if there was anyone else wishing to speak for or against this project. None Chairman Alarcon closed the Public Hearing. Vice - Chairwoman Eng made a motion, seconded by Commissioner Hunter, to CONTINUE this public hearing item to a date uncertain. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None Chairman Alarcon thanked the audience for their input and told them staff will inform you when this item will be re- scheduled for a Planning Commission meeting. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS None 6. MATTERS FROM STAFF A. 8855 Valley Boulevard (Universal Bank) - Revised Building Paint Colors City Planner Bermejo presented the Memorandum regarding the Revised Building Colors for (Universal Bank located at 8855 Valley Boulevard. The Planning Commission and applicant agreed upon the color renderings of Proposal 1. These colors include Sedona at Sunset (DE5272) for the cornice trim, Precious Nectar (DE5317) for the building exterior, and Buttermilk (DE5308) for the window trims. The Planning Commission also agreed to have Planning Division staff work with the property owner to test the paint colors on a small portion of the building prior to repainting the entire building. B. Zoning Code Workshop: Review of Commercial Uses City Planner Bermejo presented the workshop. The Planning Commission reviewed and discussed the matrix of proposed uses for the P -0, C -1, C -3, and CBD zones. The following is summary of the Commission's comments. • Remove Automobile auctions from the matrix. Allow the use in the M -1 or C -M Mixed zone with a Conditional Use Permit. • Staff recommended that the Commission consider eliminating auto repair uses from all commercial districts and only allow them in the M -1 or C -M mixed zone. Several Commissioners were concerned about the number of potential businesses that could become legal- nonconforming by this action, and therefore, requested further consideration. Staff is open to proposing smaller auto - related businesses (oil and tube etc) in commercial zones. • The Commission does not want to see Hydroponic Stores in commercial stores. The City Attorney believes that we may have to permit the use in some zone, possibly M -1. • Staff proposed allowing internet cafes in the C -3 zone and CBD zone with an administrative use permit. Commissioner Victor Ruiz expressed concern about gambling being associated with such cafes. • Clubs, lodges, meeting halls need to have the same permitting procedures as places of worship according to City Attorney. • The Commission directed staff to omit the cogeneration plant use from the C -1 zone. • The Commission directed staff to omit the equestrian establishment from the matrix. Nancy Eng commented that small tutoring facilities should not have to go through the CUP process. Perhaps small tutoring schools could be permitted by right. The Commission directed staff to eliminate all residential uses from the Professional Office zone, including condominium projects and senior congregate care. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, December 20, 2010, at 7:00 p.m. William Alarcon Chairman Commission Secretary