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PC - Minutes - 05-16-11Minutes of the PLANNING COMMISSION MEETING May 16, 2011 The regular meeting of the Planning Commission was called to order by Vice - Chairwoman Eng at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Commissioner Saccaro INVOCATION - Commissioner Ruiz ROLL CALL - Commissioners Herrera, Hunter, Ruiz, Saccaro, Vice- Chairwoman Eng ABSENT — Commissioner Herrera ROLL CALL OF OFFICERS PRESENT: City Attorney Greg Murphy, Community Development Director Wong, Parks & Recreation Director Montgomery -Scott, Assistant Planner Trinh, 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 Me MW 3. CONSENT CALENDAR A. Approval of Minutes - May 2, 2011 Vice - Chairwoman Eng made corrections to pages 2, 3, and 5. Vice- Chairwoman Eng made a motion, seconded by Commissioner Hunter, to approve the Minutes of May 2, 2011 with corrections to pages 2, 3, and 5. Vote resulted in: Yes: Eng, Hunter, Ruiz, Sacarro No: None Abstain: None Absent: Herrera 4. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 11.02 - Metro PCS Networks CA, LLC has submitted a Conditional Use Permit application to construct a wireless telecommunications 1 facility consisting of six (6) panel antennas installed within a 70' -0" tall ball field light standard, one (1) GPS antenna, one (1) microwave dish, and five (5) equipment cabinets, located at Garvey Park (7933 Emerson Place), in the 0 -S (Open Space) zone. PC RESOLUTION 11.07 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 11.02, FOR THE INSTALLATION OF NEW ANTENNAS AND EQUIPMENT FOR AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 7933 EMERSON PLACE 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 11.02 and ADOPT Resolution No. 11.07 with findings and subject to the twenty -nine (29) conditions. Assistant Planner Trinh presented the staff report. Vice - Chairwoman Eng asked if the Planning Commissioners had any questions for staff. Commissioner Ruiz asked staff what size the two additional trees were. Assistant Planner Trinh replied they are 24" Box Trees. Commissioner Ruiz asked staff if it would be possible to get larger trees because they will grow at a faster pace. Assistant Planner Trinh asked if 36" box trees would be large enough. Commissioner Ruiz asked Parks & Recreation Director, David Montgomery-Scott, what size tree he would recommend. Parks & Recreation Director, Montgomery -Scott replied that a 36" box tree would be fine. Vice - Chairwoman Eng asked staff how many cell sites the City will have including this one. Assistant Planner Trinh replied 39 sites. Vice - Chairwoman Eng asked staff if the 15' X 22' equipment shelter will cause the City to loose space for public use. Assistant Planner Trinh replied that the proposed area is currently used as path of travel. Vice - Chairwoman Eng expressed concern that while it is not a big site, it is an area that is available to be used by families. 2 Vice - Chairwoman Eng stated the pole is 70 feet and the top of the antenna is at 65 feet and inquired why the additional 5 feet was needed. Assistant Planner Trinh explained that the center of the antenna is at 65 feet. Vice - Chairwoman Eng asked staff how high is the panel and what the dimensions are. Assistant Planner replied the panel is 4 feet by 9 inches and clarified that would make it at about 67 feet on the pole. Vice - Chairwoman Eng clarified with staff that the antenna will be mounted inside the pole and asked staff how wide is the pole. Assistant Planner Trinh deferred the question to the applicant. Vice - Chairwoman Eng asked staff how wide are the existing poles. Assistant Planner Trinh replied the existing poles are 12 to 15 inches wide. Parks & Recreation Director, Montgomery-Scott explained the existing poles are broader at the base (12 -15 inches) and by the time they arrive to the top they are 6 to 9 inches. He explained that they are tapered and come in three pieces to assemble. Vice - Chairwoman Eng asked staff if the plans for the poles that house the antennas are tapered or straight. Parks & Recreation Director, Montgomery-Scott replied they are singular diameter from top to bottom. Vice - Chairwoman Eng asked staff if the other light bulbs in the park were being replaced. Parks & Recreation Director, Montgomery -Scott replied yes, and explained there is a second light standard. Vice - Chairwoman Eng asked staff if the other lights in the field are being replaced. Parks & Recreation Director, Montgomery-Scott replied that it is desired by staff to see the remaining five existing poles be replaced by four new poles. Vice - Chairwoman Eng asked staff what is the height of the new poles. Parks & Recreation Director, Montgomery-Scott replied they are 60 feet in height. Vice - Chairwoman Eng asked staff how wide the poles will be. Parks & Recreation Director, Montgomery-Scott replied that the proposal states 12" at the base and they taper to the top to 6 ". 3 Vice - Chairwoman Eng asked staff if it has been budgeted to replace the poles Parks & Recreation Director, Montgomery-Scott replied there is a capital improvement item in the current year's fiscal budget for the expenditure of specifically lighting fund monies and they have been set aside for Garvey Park. Vice - Chairwoman Eng asked staff what impact the noise level will make. Community Development Director, Wong stated that question may be addressed by the applicant after staff discussion. Vice - Chairwoman Eng stated she is concerned and would like to know if the noise level from the equipment will impact the residents using the park. Community Development Director, Wong explained that the noise level could be monitored in two ways: (1) as a condition in the Conditions of Approval; and (2) it cannot exceed the Noise Ordinance threshold. Commissioner Hunter asked staff why the poles have to be at 70 feet Parks & Recreation Director, Montgomery -Scott replied the existing light standard is at 60' -0 and, because it is a light standard, the lights will be placed on the pole at the 50' -0 mark and the antenna will have to go above the lights. Commissioner Ruiz commented the noise level in this case should be very minimal because there will not be any engines running. He confirmed with staff that they are electrical panels and stated that they emit very little noise. Community Development Director, Wong referred the Commissioners to the telecommunications facility chart, and explained that 7 monopoles in the height range from 70' to 124' high have been approved in the past. Vice - Chairwoman Eng opened the Public Hearing and invited the applicant to speak. Kerri Simmons, applicant, stated that she is here in support of this project for Metro PCS and answer any questions the Commission may have. Vice - Chairwoman Eng asked Kerri Simmons what type of noise and what is the noise level we can anticipate from the equipment. Kerri Simmons relied that the noise level will be very minimal and hardly noticeable at all. She also stated that the equipment will be housed within a full enclosure and will look like an extension of the snack shed. Vice - Chairwoman Eng stated that this is an area next to the ball field and where families will be 0 Kerri Simmons, applicant, commented that a person could stand right next to one and not really hear anything. Vice - Chairwoman Eng stated that Metro PCs currently has two sites nearby. The first site is located on 2000 Del Mar Avenue and the second site is located on San Gabriel Boulevard and Garvalia. She stated based on the map propagation provided, there are 5 other cell sites nearby the proposed site and asked why the antennas at these cell sites can't be updated to extend the coverage. Kerri Simmons replied that there is only one cell site nearby that could potentiality be updated but it would have to exceed the height limit that is dictated by the City of Rosemead Ordinance. She also explained that there are only four areas within the City's Wireless Ordinance where a wireless facility would fit the height requirement for their coverage objectives and this is one on them. Vice - Chairwoman Eng asked Kerri Simmons what is the coverage range for these antennas Kerri Simmons replied 1 to 11/2 Miles. Vice - Chairwoman Eng asked if this is the typical range. Kerri Simmons replied yes, she believes so. Vice - Chairwoman Eng stated that at the World Cell Phone Trade Show this year that there was discussion in using smaller antenna's the size of a rubiks cube or thumb flash drive which will give clearer signal. She asked Ms. Simmons if that was something Metro PCs was exploring. Kerri Simmons replied no and explained that she had not heard anything about this and that it may be future technology. Vice - Chairwoman Eng stated she had an article regarding the size of telecommunication equipment and read part of it to the audience. She stated she will give it to staff to give to Kerri Simmons. She also asked Kerri Simmons if Metro PCs is exploring new technology. Kerri Simmons replied no and explained that hey are using the best methods they can to stealth them in the best way possible. She also stated that she has worked with staff extensively for a year to work out the best design. Vice - Chairwoman Eng asked Kerri Simmons how often the equipment is updated. Kerri Simmons clarified if Vice - Chairwoman Eng means perform maintenance on them. Vice - Chairwoman Eng replied how often do you perform maintenance and also make it if new technology becomes available, to extend coverage. Kerri Simmons replied it depends when new technology comes about, and the maintenance is performed about every four to six weeks and takes about 20 minutes. Norman Chan, resident, stated he takes his children to this park and expressed concern with health hazards and the amount of radiation that these towers may emit. Greg Murphy, City Attorney, explained that when the applicant provides an application to staff they do have to provide proof that they are meeting all applicable standards as to radiation. He stated the Federal Communications Act says if proof is provided to staff that they are meeting the Federal Standards, then that is proof there are no health issues as decided by the federal government and we as the local government unit cannot consider EMF radiation, or health issues in our decision on the item. He stated since the applicant did provide the correct documentation to show compliance with federal standards this Commission cannot consider health or radiation aspects when they are ruling on the project tonight. Norman Chan, resident stated most antenna systems are installed on rooftops or isolated areas and expressed concern that this project is too close to the community. Kit Chu Lui, resident expressed concern with this project and stated she is opposed to it. Brian Lewin, resident asked staff to clarify how large this will be. Parks & Recreation Director, Montgomery -Scott replied it will be 36 inches in diameter. Kerri Simmons, applicant stated it will be 28 inches top to bottom. Brain Lewin asked staff why something that large will be installed with no aesthetic element to it. Community Development Director Wong replied that staff did not want any aesthetics around the base because it is a ball field and it is afunctional standard light pole. He stated that it will be uniformly compatible with the other light poles in the park. Brian Lewin stated he did not mean at the base, but he would like it to look more like a tree such as a monopine. He also asked staff in regards to the extension to the facility, if it would be possible to locate the equipment cabinets somewhere other than in open space area. He expressed concern that a large amount of public space will be taken away and asked staff if the Public Works area could be considered. Community Development Director, Wong replied staff has been working on this project with the applicant for over a year and we have evaluated the other on -site locations for the equipment but this is the nearest location where it can be cohabit next to the snack shack. He stated this is a marginal loss of open space and there is ample space for bleachers, picnic table, and outdoor activity. He stated in regards to the aesthetics, staff considered a tree but felt it was inappropriate use for a monopole tree as the height required is 70' tall and it would not look like a tree. He stated the pole functions as a light standard and fits aesthetically with the other light poles. Brian Lewin asked staff if a monopalm would be more appropriate. Community Development Director Wong replied staff prefers a light pole to provide adequate lighting for that area. Brian Lewin asked staff what will happen if Metro PCS abandons that site. Community Development Director Wong replied there is a condition of approval in place should Metro PCS cease to operate all the equipment, including the attached addition which houses all the equipment will be removed. Brian Lewin stated he did not see that condition of approval in the staff report. Community Development Director Wong replied if it is not in place we will make sure it is this evening. Vice - Chairwoman Eng asked if there was anyone else wishing to speak on this item. None Vice - Chairwoman Eng closed the Public Hearing. Community Development Director, Wong stated he would like the assistance from City Attorney, Greg Murphy, in developing a Condition of Approval subject to Metro PCS ceasing operation that all equipment including the addition be removed. Greg Murphy, City Attorney, stated Condition of Approval number 25 can be expanded and a sentence should be added stating, "Upon termination of the applicants lease or the applicants abandonment of the facility, the 15' -0" by 22' -0" extension to the existing equipment/snack bar shall be removed and all equipment inside should be removed by the applicant." Vice - Chairwoman Eng asked City Attorney Murphy if that includes taking down the shelter and returning itto public use. Greg Murphy, City Attorney replied, that would be up to the Planning Commission. He stated, in terms of taking the shelter down, the Commission can make that decision tonight or the Commission can delegate that decision to staff. Vice - Chairwoman Eng asked staff what is the building height of the extension. Parks & Recreation Director, Montgomery-Scott replied the extension will match the existing roofline of the building 15-0" to the south and clarified the dimensions to the Planning Commission. He stated in terms of usage, once the equipment is removed there are users of the ball field that would like to use it as storage for their equipment and if it is open space they can. He also stated the terms of the license agreement, once the upgrades are made, become the City's, so the light standards once they are in place they are owned by the City. He also explained that they are light standards and once deactivated as a stealth tower, it is still a light standard and the lights will still be used. Greg Murphy, City Attorney, stated the last sentence in Condition of Approval number 25 shall state, "Upon termination of the applicant's lease or use of the site the applicant shall remove all base equipment and antennas from the site, the towers and building addition will remain the property of the City to do with as it pleases." Parks & Recreation Director, Montgomery -Scott clarified to Vice - Chairwoman Eng that she is correct it is a 22' -0 long extension and explained where it ended. Vice - Chairwoman Eng asked staff where exactly the two light poles are located on the ball field. Parks & Recreation Director, Montgomery -Scott replied you have two light standards that are in immediate proximity to home plate those are the A- Poles, then if you go north to the left field side and east to the right field side, to the distance of 35 - 40 yards that would be the existing light standards and they are the B- Poles. He stated the B -Poles along the foul lines are the ones in question and they will be relocated slightly from where they are now. Vice - Chairwoman Eng asked staff which other locations were considered in this park that were not public space considered and why where they not feasible. Parks & Recreation Director, Montgomery -Scott replied Garvey Park is a small park and there is not a lot of the park that is not public space. He stated the only space that is not is the Public Works facility and an Edison electrical building which has minimal space available. Vice - Chairwoman Eng expressed concern with the lack of public space in this park. Parks & Recreation Director, Montgomery -Scott explained that the breezeway that sits behind the gym in- between the pool area that has been fenced off for years will be opened up for the first time in years. Vice - Chairwoman Eng asked Parks & Recreation Director, Montgomery-Scott how large the area is. Parks & Recreation Director, Montgomery -Scott replied it is 15' -0 to 20' -0 wide and is as long as the gym. He also stated that will be a significant amount of public space that will be opened up for the first time and will make up for the space that is taken away. Vice - Chairwoman Eng asked Parks & Recreation Director, Montgomery -Scott when the breezeway is scheduled to be opened. Parks & Recreation Director, Montgomery -Scott replied when the pool is open. Commissioner Hunter asked staff how close is the pole to the play equipment and why it is so close to the diamond. Parks & Recreation Director, Montgomery-Scott replied it is a light standard for the diamond and it is 30 to 40 yards away from the playground that sits on Dorothy Street. Commissioner Ruiz thanked staff for doing a great job and working so hard on this project. He stated he supports this proposal and the City will benefit from this because they are gaining better lighting in the park. He stated that lighting is very important and is needed for ballgames and safety reasons. He explained that as far aesthetics, the light pole suits the purpose for a ball field instead of a monopole or palm tree. He stated the community and customers of Metro PCS will benefit from this with better lighting and service. Vice - Chairwoman Eng expressed that the park is small and she agrees that it will benefit from the lighting. She stated that she is curious what the breezeway will look like when it is completed. She stated that she has not been at the park while a ballgame or practice is taking place and asked staff how crowded it gets during that time. Parks & Recreation Director, Montgomery -Scott replied that it varies. When tournaments are held the park is crowded and it depends on the volume of teams and the spectators that correspond with that, but for ordinary use the impact is fairly minimal. He stated that he agrees that the loss of 22'-0 is an impact but it is a minimal impact that the City can manage. He stated the City is working with opening new public space for the first time ever and it is a significant amount of space and the trade off is worth it. He stated that as far as the light poles instead of monopole trees the City was aiming for functuality and they lights are 40 years light standards only one of them has been replaced because it fell. He stated the desire is to improve the standards at Garvey Park and the City is replacing six 40 year old light standards with new efficient ones. Commissioner Ruiz stated that he agrees and the safety of the children is important. He also requested from staff that the City receive the structural engineering data for the poles. He stated he would like the applicant to include them in the file for reference in the future. Vice - Chairwoman Eng asked Parks & Recreation Director, Montgomery-Scott if the field is used throughout the whole year. Parks & Recreation Director, Montgomery-Scott replied yes it is a year round use and there are three youth organizations that use it. Vice - Chairwoman Eng asked staff if there is anything that can be done in terms to aesthetics to the two light poles because they will be the tallest structure in the area. She expressed concern that when the new Water Park is installed the poles will stand out too much. Parks & Recreation Director, Montgomery -Scott replied that the two existing poles are already 60'- 0 and standing at ground level visually they will not look that dramatically different. He stated in terms of a light standard you do not want to put something on top of a light standard that then obstructs its functuality. Commissioner Ruiz suggested the City may be liable if something was put on top that was not part of the light standard. Vice - Chairwoman Eng commented that as far as aesthetics it should be secure. Commissioner Ruiz replied it will be difficult because it is a light standard and it is designed to look like a light standard and the only difference from the others is that it will be a little taller. He stated that this is new technology, will look better, and the park will be safer with more lighting. Vice - Chairwoman Eng asked staff if there are any potential applicants for the second pole. Parks & Recreation Director, Montgomery -Scott replied no. Vice - Chairwoman Eng asked staff if this project will include a five year lease. Greg Murphy, City Attorney stated, "that it is license agreement, given this is a park there are restrictions on leases or assignment of parkland, so what is commonly being done throughout the State of California is licensing the use of the parkland. He stated that for practical purposes, it is the same but complies with the dictates of the government code." Vice - Chairman Eng asked staff if the City is getting 20 months out of the 60 for the first year of the license agreement for the second pole. Parks & Recreation Director, Montgomery -Scott replied it is about half of the rental fee for approximately for 29 112 months of the lease fee that will cover the cost of installing that second pole and yes, the City will not receive the rental dollars until month 291/2. Vice - Chairwoman Eng confirmed with staff that the first part of the lease would be to cover the cost of construction. Parks & Recreation Director, Montgomery -Scott replied that is correct, and it is important to know that the second pole is a light standard until it is developed into something different. Vice - Chairwoman Eng asked staff if the second pole will be the same height as the one that will house the antenna and be made like the other light poles that are being installed. Parks & Recreation Director, Montgomery-Scott confirmed that Vice - Chairwoman Eng means tapered and added if we do that we lose aesthetic symmetry. Commissioner Ruiz made a motion, seconded by Commissioner Saccaro, to APPROVE Conditional Use Permit 11.02 and ADOPT Resolution No. 11.07 with findings and subject to the thirty (30) conditions. Vote resulted in: Yes: Eng, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: Herrera Community Development Director Wong stated the Planning Commissions decision on this project is final unless it is appealed within 10 days. 10 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Commissioner Hunter stated that at the last City Council Meeting a resident was concerned that Southern California Edison is not keeping up with the maintenance of the lot the on the southwest corner of Walnut Grove and Mission. Community Development Director Wong replied that staff will have an update on this matter at the next Planning Commission meeting. 6. MATTERS FROM STAFF Community Development Director Wong stated reorganization of the Planning Commission will take place at the next Planning Commission Meeting on Monday, June 20, 2011. 7. ADJOURNMENT The regular Planning Commission Meeting of June 6, 2011 will be cancelled due to lack of quorum. The next regular Planning Commission meeting will be held on Monday, June 20, 2011, at 7:00 p.m. ATT T: Rachel Lockwood Commission Secretary Nancy Eng Acting Chairwoman I1