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PC-10-17-05CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES October 17, 2005 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was called to order by Chairman Loi at 7:00 p.m. in the council chambers of the Rosemead City Hall at 8838 East Valley Boulevard, Rosemead. Commissioner Breen led the Pledge of Allegiance. Commissioner Kelty delivered the invocation. ROLL CALL: PRESENT: Chairman Loi, Commissioners Breen, Herrera, Kelty and Lopez ABSENT: None EX OFFICIO: Bermejo, Jones, Price and Tone 1. APPROVAL OF MINUTES Minutes of October 3, 2005 MOTION BY COMMISSIONER LOPEZ, SECONDED BY COMMISSONER HERRERA, that the minutes of the City of Rosemead Regular Planning Commission Meeting of October 3, 2005, be APPROVED as submitted. Vote results: YES: BREEN, HERRERA, KELTY, LOI and LOPEZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Loi declared said motion duly carried and so ordered. 2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Deputy City Attorney Price explained the public hearing process and the right to appeal Planning Commission decisions to the City Council. 3. PUBLIC HEARING A. CONDITIONAL USE PERMIT 05 -1024 - 4545 Walnut Grove Avenue Mark Johns of Cingular Wireless has submitted a Conditional Use Permit application for the installation of an unmanned wireless facility on an existing Southern California Edison transmission tower located at 4545 Walnut Grove Avenue in the A -1 (Light Agricultural) Zone. Presentation: Assistant Planner Sheri Bermejo Staff Recommendation: APPROVE- subject to the conditions listed in "Exhibit A" for one (1) year. Chairman Loi called for questions from the Commissioners. Commissioner Kelty asked who would be responsible for landscaping surrounding the property on the outside of the chain link fence, i.e, would it be Southern California Edison or the applicant? Planning Assistant Bermejo answered that the applicant would be responsible for the landscaping. Applicant(s): In the audience. Chairman Loi opened the public hearing to those IN FAVOR of this application. Mr. Steve Kaali of Synergy Development Services, 101 South First Street, Burbank, CA 91502, represented the applicant. He said the applicant chose this site because it contained existing structures that could be used instead of building a monopine. Further, since it is in a nursery, the equipment is surrounded by trees which makes it aesthetically pleasing. Mr. Kaali had a booklet entitled, "A Local Government's Official Guide to Transmitting Antennae RF Emissions, Safety, Rules, Procedures and Practical Guidance ", published by the FCC in June, 2000. In this document a comparison was made between the level of radio signals used by cell phones as opposed to TV, UHF and VHF signals and it was determined that the cell phones would not interfere with the transmission of TV UHF and VHF signals. Chairman Loi asked if Mr. Kaali would provide a copy of the FCC document to the Commissioners. Mr. Kaali agreed to do so. Commissioner Kelty asked if there have ever been any complaints about transmission interference and Mr. Kaali replied, "No. There has not." Public hearing was opened to those who wished to OPPOSE the application: Mr. Jay Kronick, 4520 Walnut Grove Avenue, retired electrical technician, stated that although he is not an expert on radiation he has some knowledge and he proceeded to voice his concerns regarding the effects of radiation which he expects to experience as a result of the proposed microwave installation. Mr. Kronick stated that he felt the notices should have been sent out earlier and to a wider radius of addresses. He further noted that radiation does not stop at city boundaries. Ms. Delores Weidemann, 8504 Turpin Street, spoke on behalf of her neighbor, Ms. Orawan Huttayasomboon, 8513 Turpin Street, and herself. She said they do not want this facility to be built as there are already transformers nearby. She said the facility would be very large and so obvious that it would be visible from a long distance and would surely have a negative impact on property values in the vicinity. Mr. Kaali stated that in 1997 the federal government passed the Telecommunications Act which states under Section 332, subsection C7, "No state or local government or instrumentality thereof may regulate the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions." The FCC has set certain standards under which these facilities must operate. Mr. Kaali further states that these standards are exceeded by his client to insure safety. He suggested that if anyone is still concerned about the standards set for EMF emissions exposure they should contact the FCC or their local Congressman. Basically, local jurisdictions are able to decide if the facility should be built based on aesthetics and staff has done a good job in that area. Mr. Jay Kronick once again stated his opposition to the project based on concerns about exposure to microwaves. Commissioner Breen suggested that it might be helpful to get the names of the FCC studies and when and where they were published. Deputy City Attorney Price stated that the Commission can only deny the application based on zoning principles, not radiation studies. Commissioner Loi reminded the Commissioners that they have already allowed approximately twelve facilities like this. Commissioner Kelly stated that it would be important to have information on these studies in the record for the next time this situation arises. There being no one further wishing to address the Commission; Chairman Loi closed the public hearing segment for this project. MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSIONER KELTY to CONTINUE to November 7, 2005, Conditional Use Permit 05 -1024 while the Commission obtains information on radiation studies. Chairman Loi declared said motion duly carried and so ordered. B. TENTATIVE TRACT MAP 061523 /CONDITIONAL USE PERMIT 04 -968 — 9129 Valley Boulevard. Chin -Yuen Chen has submitted an application for a Tentative Tract Map to subdivide three (3) existing parcels for the development of a mixed -use residential and commercial project consisting of two (2) buildings. Building "A" consists of 9,103 square feet of office and restaurant uses and Building `B" consists of sixteen (16) condominium units totaling 22,426 square feet above 11,098 square feet of office. Staff Recommendation: APPROVE- subject to the conditions listed in "Exhibit A" for two (2) years. Presentation: Associate Planner Jones presented the staff report. Chairman Loi asked for questions from the Commissioners. Chairman Loi asked who selects the traffic engineering firm to perform the traffic study. Associate Planner Jones explained that the selection is made by the applicant. Applicant(s): In the audience. Chairman Loi opened the public hearing to those IN FAVOR of this application. Michael Sun, 529 East Valley Boulevard, represented the applicant. Mr. Sun stated that the project was begun two years ago and has been modified many times since then. He said he was willing to answer any questions regarding the project and that the applicant is willing to accept all conditions of approval. Commissioner Loi expressed concern for the safety of the tenants of the new building. Mr. Sun explained that the commercial and residential parts of the development would be completely separate to provide security for the residents. Ms. Mei Trinh, 3061 Ivar Boulevard, said she was interested in any project that would be good for the city. She noted that this property is currently a vacant lot and that she hoped the project would bring an infusion of life for the city. Public hearing was opened to those who wished to OPPOSE the application: Mr. Ted Strinz, 8941 Mission Drive, said that he has owned property near the project site and that there has always been a problem with traffic and parking in that area. He expressed his concern that the project would exacerbate the problem. Mr. Michael Plalencia, 8935 Lawrence Avenue, lives in the vicinity of the project. He said he is most concerned with an increase in traffic at Mission Drive and Rosemead Boulevard and that he feels Rosemead does not need another restaurant. Mr. Plalencia also said that the height of the building will interfere with his view of the mountains. Ms. Adela Castro, 8912 Mission Drive, said she was initially happy about the project but now she is concerned because the new property will be commercial and residential and she is not sure how this will affect her property. She is afraid it will have a negative affect. She also expressed concern for the safety of the children in the neighborhood. Mr. Terrence Helie, 8929 Lawrence, said he is opposed to the project because it will block his view of the mountains, he will sacrifice privacy in his backyard and traffic and parking in the area will increase. He also said the project would generate trash and bring rats and insects. Mr. Luis Chavez, 8936 Lawrence Avenue, noted that the traffic study did not mention Lawrence Avenue which will be most impacted by this change. He also said that U -Haul and Thrifty -Rent- A -Car customers are already parking on Lawrence all weekend. Ms. Maria Algria Chavez stated her objection to the trash, graffiti, smells and parking problems that she feels the project will create. Ms. Kathy Helie, 8929 Lawrence Avenue, said that safety is her main concern because of the increase in traffic. Mr. Michael Sun, 529 East Valley Boulevard, noted that any development at the site will generate increased traffic but that this particular project will generate less traffic than many other types of projects that would be allowed at this C -3 zoned site. He further explained that the traffic study is compiled by an engineer recommended by the city and that the study is reviewed by Willdan. He said that there are approximately 70 to 100 feet between the rear of the proposed units and the residential area on Lawrence Avenue and there are also large trees along the property line. Mr. Sun said that the mixed use concept has been in use for a long time and his company has completed five such projects to date. Commissioner Kelty asked if the trash containers were going to be enclosed and if the parking lot lights would shine on the local residences at night. Mr. Sun replied that the trash containers would be enclosed and that there would be separate containers for residential and commercial users. He also said the parking lot lights will not shine on the local residences at night. Commissioner Kelty said that a six foot fence may not be high enough for security purposes. Associate Planner Jones explained that the six foot limit applies to residential property and that on commercial property fences can go higher. Commissioner Kelty suggested that the fence should be eight (8) feet high on the south side of the property to protect the privacy of the residents. Commissioner Loi suggested that all fences abutting residential property be heightened to eight (8) feet. There being no one further wishing to address the Commission; Chairman Loi closed the public hearing segment for this project. MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSIONER HERRERA, to APPROVE Tentative Tract Map 061523 /Conditional Use Permit 04 -968, subject to conditions as amended and listed in "Exhibit A ". Vote results: YES: BREEN, HERRERA, KELTY, LOPEZ AND LOI NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Loi 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 05 -46 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 063143 SUBDIVISION FOR EIGHT (8) DETACHED CONDOMINIUM UNITS WITH A COMMON DRIVEWAY; A ZONE VARIANCE TO DEVIATE FROM THE MINIMUM REQUIRED SIDE YARD SETBACK AND RECOMMENDING CITY COUNCIL APPROVAL ON A ZONE CHANGE FROM R -1 (SINGLE FAMILY RESIDENCE) TO R -3 (MEDIUM MULTI - FAMILY RESIDENCE) ZONE LOCATED AT 4433 WALNUT GROVE AVENUE (APN: 5372- 018 -039). B. RESOLUTION 05 -47 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 05 -1021, FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR PHO KING RESTAURANT, A BONA FIDE PUBLIC EATING ESTABLISHMENT, IN THE C3 -D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE, LOCATED AT 8772 VALLEY BOULEVARD (APN: 5390- 010 -038). Chairman Loi presented the resolutions by title only. MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSIONER LOPEZ, to waive further reading and adopt said resolutions. Vote results: YES: BREEN, HERRERA, KELTY, LOPEZ and LOI NO: NONE ABSTAIN: NONE ABSENT: NONE 5. 6. 7. Chairman Loi declared said motion duly carried and so ordered. ORAL COMMUNICATION FROM THE AUDIENCE None. MATTERS FROM CITY OFFICIALS AND STAFF None. ADJOURNMENT There being no other business to come before the commission, the meeting was adjourned at 9:10 p.m. BWJ /BT