PC-07-03-06CITY OF ROSEMEAD
PLANNING COMMISSION REGULAR MEETING
MINUTES
July 3, 2006
CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was
called to order by Chairman Lopez at 7:00 p.m, in the council chambers of the Rosemead City
Hall at 8838 East Valley Boulevard, Rosemead.
Commissioner Herrera led the Pledge of Allegiance.
Commissioner Kelty delivered the invocation.
ROLL CALL:
PRESENT: Chairman Lopez, Vice - Chairman Kelty and Commissioners
Breen, Herrera, and Loi
ABSENT: None
EX OFFICIO: Arenas, Bermejo, Johnson, and Wallin
1. APPROVAL OF MINUTES Minutes of June 19, 2006
MOTION BY COMMISSIONER HERRERA, SECONDED BY COMMISSONER
BREEN, that the minutes of the City of Rosemead Regular Planning Commission
Meeting of June 19, 2006, be APPROVED as submitted.
Vote results:
YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Chairman Lopez declared said motion duly carried and so ordered.
2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS
Chairman Daniel Lopez introduces City Attorney Peter Wallin, and invites him to speak.
City Attorney Wallin explained the public hearing process and the right to appeal
Planning Commission decisions to the City Council.
Chairman Lopez asked if anyone would like to speak on any items not on the agenda, to
step forward.
None.
3. PUBLIC HEARING
A. CONDITIONAL USE PERMIT 06 -1062 — Marshall Street between Rockhold and
Earle Avenue - Shawna Debois of Royal Street Communications has submitted a
Conditional Use Permit application for the installation of six (6) panel antennas and one
(1) microwave dish for a wireless telecommunications facility on an existing Southern
California Edison transmission tower, located on Marshall Street between Rockhold and
Earle Avenue (APN: 5371- 013 -801) in the A -1 Light Agriculture Zone.
Presentation: Associate Planner Sheri Bermejo
Staff Recommendation: APPROVE
Chairman Lopez called for questions from the Commissioners.
Commissioner Loi questioned exposure, location, and number of towers.
Associate Planner Bermejo stated it would be safe according to the FCC guidelines.
City Attorney Wallin recited the Telecommunications Act of 1996.
Chairman Lopez closed this segment and asked for anyone wishing to speak IN FAVOR
of this project, to step forward.
Applicant Shawna Debois stepped forward and introduced herself, stating she resided at
2913 El Camino Real in Tustin, California, representing Royal Street Communications.
She referred to the report she submitted to the Planning Department. She stated the most
stringent amount, according to the FCC, is a cumulative amount of. 15% of the
applicable public exposure limit, which she stated her project is well below that.
Commissioner Kelty asked Applicant Deboisa question regarding page two (2), second
paragraph of Exhibit B. He asked how much the RF exposure decreases per block.
Applicant Debois "stated she did not know.
Commissioner Kelty gave scenarios, such as how much the RF exposure decreases per
block. He said the report did not answer that question.
Applicant Debois stated the last page of the report gets more technical.
Commissioner Kelty stated that the information on the last page was regarding some
other issue. He suggested that this type of information be included in the report.
Chairman Lopez opened the public hearing asking if anyone wished to speak IN
FAVOR of, or IN OPPOSITION of, this application:
None.
There being no one wishing to address the Planning Commission, Chairman Lopez
closed the public hearing segment for this project.
MOTION BY COMMISSIONER KELTY, SECONDED BY COMMISSIONER LOI,
to APPROVE Conditional Use Permit 06 -1062.
Vote results:
YES: BREEN, HERRERA, KELTY, LOI AND LOPEZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Chairman Lopez declared said motion duly carried and so ordered.
4. CONSENT CALENDAR — These items are considered to be routine actions that may be
considered in one motion by the Planning Commission. Any interested party may request
an item from the consent calendar to be discussed separately.
A. RESOLUTION 06 -25 — A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 06- 1063, REQUESTING A NEW TWO -STORY ADDITION TO
AN EXISTING SINGLE- FAMILY RESIDENCE WHICH WILL RESULT
IN APPROXIMATELY THREE THOUSAND EIGHTY (3,080) SQUARE
FEET OF LIVING AREA, TO BE LOCATED AT 2434 CHARLOTTE
AVENUE IN THE R -1 /AP; SINGLE - FAMILY RESIDENTIAL/ALQUIST-
PRIOLO SPECIAL STUDY ZONE (APN: 5283- 020 -035).
B. RESOLUTION 06 -26 - A RESOLUTION OF THE PLANNING
COMMISSION, OF THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW
05 -132 FOR EXTERIOR FAQADE RENOVATIONS, INCLUDING
CONSTRUCTION OF A NEW NINE THOUSAND AND NINE (9,009)
SQUARE FOOT RETAIL STRUCTURE AND ZONE VARIANCE 05 -330
FOR A LEGAL, NON - CONFORMING SHOPPING CENTER WITH LESS
THAN THE MINIMUM NUMBER OF REQUIRED PARKING STALLS;
LOCATED AT 8815 -8845 EAST VALLEY BOULEVARD IN THE CBD -D
(CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE
(APN 5391- 009 -001).
C. RESOLUTION 06 -27 A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE
PERMIT 06 -1063, REQUESTING A LEGAL, NON - CONFORMING
SHOPPING CENTER WITH LESS THAN THE MINIMUM NUMBER OF
REQUIRED PARKING STALLS; LOCATED AT 8855 EAST VALLEY
BOULEVARD IN THE CBD -D (CENTRAL BUSINESS DISTRICT WITH
A DESIGN OVERLAY) ZONE (APN 5391- 009 -002).
D. RESOLUTION 06 -28 — A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, DENYING CONDITIONAL USE
PERMIT 06 -1059, FOR A NEW ON -SALE GENERAL- PUBLIC
PREMISES (TYPE 48) ABC LICENSE FOR HAVANNAH HOUSE CIGAR
LOUNGE, LOCATED AT 8855 EAST VALLEY BOULEVARD IN THE
CBD (CENTRAL BUSINESS DISTRICT) ZONE (APN: 5391- 009 -002).
Chairman Lopez presented the resolutions by title only, stating they will be voting on
Resolutions 06 -25 and 06 -28 only. He opened the public hearing to anyone who chose to
speak regarding Resolutions 06 -25 thru 06 -28 on the Consent Calendar.
Planning Director Johnson addressed the public, explaining they are welcome to speak
regarding any of the items listed on the Consent Calendar. He referred to Resolution 06
26 having a slight modification on Condition forty-five (45) on Exhibit "Al" of Design
Review 05- 132 /Zone Variance 05 -330, reciting it. He stated legal counsel for the
shopping center owner had concerns regarding the Conditions, therefore, the Planning
Commission revised the Conditions. He addressed other concerns the Commissioners
had requested to be addressed such as the sweeping hours, striping of the parking spaces,
and the driveway.
Mr. John Henning, attorney for applicant Mr. Bob Nguyen, stepped forward to speak on
behalf of his client, regarding Resolution 06 -26. He stated his concern for applicant Mr.
Eric Lee objecting to his client's project. He made a request for Conditions for
Resolution 06 -27 to be modified, adding the word "agreeing" to Condition thirty -three
(33), and to thirty -four (34) to say, "Unless until the applicant and the owner of the
subject property, both by written agreement, allow the adjacent property to be
developed." He also gave suggestions to the Planning Commission to assure the
applicant complies with the Conditions.
City Attorney Wallin stated that he believes the applicant can only apply if the owner
agrees to it.
Mr. Henning stated his concern for the Condition, for it to assure that it allows the other
project to be developed. He mentioned the easement the property owner has on his
client's parking lot. He stated his concern for Mr. Lee using that property for his project.
He requested the Planning Commission revise Condition thirty-four (34) on Exhibit "A-
2" in order to prevent possible litigation in the future. He stated the applicant and owner
are different and suggested the Planning Commission revise the Condition to state
`applicant /owner'.
Planning Director Johnson explained to the Commissioners what the applicant and owner
are on the application.
City Attorney Wallin stated the Planning Commission knows what the condition means,
but asked that the Conditions put a "slash" (/) between applicant and owner.
Mr. Henning agreed to that revision, then commented on Condition thirty -three (33) and
forty -four (44).
Chairman Lopez asked the Commissioners if they had any questions, which there were
none.
MOTION BY COMMISSIONER HERRERA, SECONDED BY COMMISSIONER
BREEN, to waive further reading and adopt said resolutions.
Vote results:
YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Chairman Lopez declared said motion duly carried and so ordered.
5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS
Commissioner Herrera stated there were people camping next to the car -lot and
McDonalds.
Planning Director Johnson stated that the City will contact the owner.
Chairman Lopez stated the sidewalk at Garvey and Sullivan is trashed.
Planning Director Johnson stated we will investigate and have the property owner take
care of that issue.
Chairman Lopez stated the yard at Sullivan and Whitmore, the resident has not been
tending to his yard.
Planning Director Johnson stated the City will write him a letter.
Commissioner Loi wants affidavit signed by the property owner.
Planning Director Johnson asked City Attorney Wallin if that would be the proper
terminology.
City Attorney Wallin said our code requires the applicant be the owner.
Planning Director Johnson told Commissioner Loi he would ask for what Commissioner
Loi is requesting in the verbage, at City Attorney Wallin's direction.
6. MATTERS FROM CITY OFFICIALS AND STAFF
None.
7. ADJOURNMENT
There being no other business to come before the commission, the meeting was adjourned at 7:42
p.m.
BWJ /DA