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CC - Item 1C - Appeal of Condition PermitROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: OLIVER CHI, CITY MANAGER -� DATE: FEBRUARY 10, 2009 SUBJECT: APPEAL OF CONDITIONAL USE PERMIT 08 -08 2244 WALNUT GROVE AVENUE SUMMARY On December 15, 2008, the Planning Commission approved Conditional Use Permit 08- 08, to allow the co- location of an unmanned wireless telecommunications facility on an existing T- Mobile monopine at 2244 Walnut Grove Avenue, in the C -3 (Medium Commercial) zone. On January 5, 2009, the City Clerk's office received an appeal letter, included in this report as Attachment A, from Verizon Wireless, requesting to modify condition of approval number 5, which states: Conditional Use Permit 08 -08 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use Permit 08 -08. Verizon Wireless is requesting that condition of approval number 5 be modified to: Conditional Use Permit 08 -08 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances are defined as a change in Verizon Wireless use of the Premises. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the M° ��� 11, APPROVED FOR CITY COUNCIL AGENDA: 0. City Council Report February 2, 2009 Page 2 of 2 Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use Permit 08 -08. Staff Recommendation Staff recommends that the City Council UPHOLD the language in Condition of Approval Number 5 of Conditional Use Permit 08 -08, as approved and adopted by the Planning Commission on December 15, 2008. ANALYSIS The purpose of a Conditional Use Permit is to give the City the discretion to impose special development requirements to ensure that the use will . not be detrimental to its surroundings. Staff believes that the language stated in condition of approval number 5 should not be modified. If the applicant's project or scope of work changes from that which was proposed to the Planning Commission, the City needs to reserve the right to modify or add conditions to ensure that future impacts on surrounding uses continue to be mitigated. The language proposed by Verizon Wireless limits the definition of changed circumstances to changes in use, which is vague, and which will result in future debates on what constitutes a Verizon Wireless change of use; thereby limiting the City's ability to modify or add conditions, if needed, to address changes in impacts. On December 15, 2008, the City of Rosemead Planning Commission conducted a duly noticed public hearing. At this public hearing, the Commissioners did not receive any comments from the audience. Neither the applicant, nor their representative, was present at the meeting. The Commission unanimously approved Conditional Use Permit 08 -08 and adopted Resolution 08 -31. The Planning Commission Staff Report, the Planning Commission Resolution and the Planning Commission Minutes have been included in this report as Attachments B through D respectively. LEGAL REVIEW This staff report has been reviewed and approved by the City Attorney. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Pre ared b Lily rinh Assistant Planner Attachment A: Appeal Letter Attachment B: Planning Commission Staff Report, dated December 15, 2008 Attachment C: Planning Commission Resolution 08 -31 Attachment D: Draft Plannina Commission Minutes, dated December 15, 2008 Manager December 31, 2008 City of Rosemead City Clerks Office 8838 East Valley Boulevard Rosemead, California 91770 verizqnwireless We never stop working for you. RE: Letter of Appeal for. Verizon Wireless Site at 2244 Walnut Grove Avenue, Rosemead, CA (Resolution Number 08 -31: Conditional Use Permit 08 -08) Dear City Council; On December 15, 2008, the city of Rosemead Planning Commission approved the above - mentioned Resolution and Conditional Use Permit numbers. Verizon Wireless respectfully requests the modification of the Conditions of Approval, more specifically Conditions Number 5, found below. 5. Conditional Use Permit 08 -08 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use permit 08 -08. Verizon Wireless requests that this condition be modified as follows: 5. Conditional Use Permit 08 -08 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances are defined as a change in Verizon Wireless use of the Premises. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use permit 08 -08. ATTACHMENT A d wireless We never stop working for your The afore mentioned alternative language is requested as it allows the City to review and possible impose new conditions or revoke our permit should Verizon Wireless change our use of the Premises. The existing language is very restrictive. A permit should not be revocable if the applicant does not change its use of what the permit was requested for. The idea that the Planning Commission can revisit and possible revoke a permit is beyond the intent and purpose of a discretionary permit. If the site is in violation of any municipal or building codes, the City maintains rights to enforce compliance or revocation of the Permit. Therefore, Verizon Wireless respectfully requests that the City of Rosemead and the City Council grant this appeal and modify the conditions of approval as requested. Cord' ly, Ramon R. Salazar "V- x'93 - ns 44- ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: DECEMBER 15, 2008 SUBJECT: CONDITIONAL USE PERMIT 08 -08 2244 WALNUT GROVE AVENUE Summary Verizon Wireless has submitted a Conditional Use Permit application requesting to co- locate an unmanned wireless telecommunications facility on an existing 75 -foot tall T- Mobile monopine tree, located at 2244 Walnut Grove Avenue in the C -3 (Medium Commercial) zone. Environmental Determination: Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects that consist of the installation of small, new equipment in small structures. Accordingly, Conditional Use Permit 08 -08 is classified as a Class 3 Categorical Exemption pursuant to Section 15303 of CEQA guidelines. Municipal Code Requirements Section 17.112.020 (15) of the Rosemead Municipal Code (RMC) allows "professional radio, microwave and television transmitters and broadcasting stations" in any zone, upon granting of a Conditional Use Permit (CUP) by the Planning Commission. Rosemead Municipal Code Section 17.112.010 sets the following criteria required for granting such a permit. RMC criteria require that the proposed use be deemed: • Essential or desirable to the public conveniences or welfare; • In harmony with the elements or objectives of the General Plan, and; • Not to be detrimental or injurious to surrounding properties. Staff Recommendation Staff recommends that the Planning Commission APPROVE Conditional Use Permit 08 -08 for a period of six (6) months and adopt Resolution 08 -31, subject to conditions outlined in Exhibit "B" attached hereto. ATTACHMENT B Planning Commission Meeting December 15, 2008 Page 2 of 13 Property History and Description The subject site is located at the southeast corner of Walnut Grove Avenue and Rush Street. The subject site covers one (1) parcel and is developed as a Southern California Edison Substation, totaling approximately 126,324 square -feet (2.9 acres). Planning Division records indicate that Conditional Use Permit 05 -1040 was approved on April 3, 2006, for the installation of an unmanned telecommunication facility consisting of a 76' -0" tall T- Mobile monopine with twelve (12) panel antennas, one (1) Global Positioning Systems (GPS) antenna, one (1) 2' -0" diameter microwave dish, and four (4) equipment cabinets located on a concrete pad at the base of the monopine within a 20' -0" by 25' -0" leasehold space. The leasehold space is surrounded by an 8' -0" chain link fence. Northeast Elevation Site & Surrounding Land Uses The project site is designated in the General Plan as Open Space and on the zoning map, it is designated C -3 (Medium Commercial). The site is surrounded by the following land uses: North: General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use: Commercial Planning Commission Meeting December 15, 2008 Page 3 of 13 South: General Plan: Public Facilities Zoning: C -3 (Medium Commercial) Land Use: Utilities East: General Plan: Open Space Zoning: A -1 (Light Agriculture) Land Use: Golf Course West: General Plan: Commercial Zoning: C -3 (Medium Commercial) Land Use: Commercial _Administrative Analysis The applicant is proposing to co- locate an unmanned wireless telecommunication facility on an existing T- Mobile monopine. The project will consist of twelve (12) panel antennas. The twelve (12) antennas will be mounted on the existing monopine in three (3) sectors of four (4) antennas each. The existing monopine replicates a pine tree with the antennas screened with faux branches and a textured trunk to resemble a live tree; similar to the existing pine trees already onsite. The four (4) equipment cabinets will be mounted on a concrete pad within a 20' -0" X 27' -0" leasehold area at the base of the tower. A new 9' -6" high chain -link fence enclosure will be installed around the leasehold area. As shown on the architectural drawings, this new leasehold space is located to the south of the existing T-Mobile leasehold space. The Verizon Wireless equipment on the monopine is located at different heights. The existing monopine is 75' -0" in height, the tops of the antennas are located at a height of 61' -0" and the center of the antennas are located at a height of 58' -0" from the base of the monopine. As shown on the elevation drawings, there will be approximate six (6) feet between T- Mobile's antennas and Verizon Wireless's antennas. The proposed location of the wireless telecommunication facility will not impact any existing use. The proposed facility is unmanned and will operate 24 hours a day, 7 days a week. The federal and state governments set strict regulations to safeguard health and safety issues, and to insure that people living and residing in the area of a telecommunications facility are not affected. To verify that this proposed facility complies with the FCC limits for human exposure to radiofrequency (RF) electromagnetic fields, the Planning Division has completed the Evaluation of Categorical Exclusion Checklist that the FCC provides for local governments. This proposed telecommunications facility meets the Commission's exclusion criteria. Due to a growing number of cellular phone subscribers and increased usage in the Rosemead area, Verizon Wireless seeks to improve its existing network and expand coverage by adding this wireless facility. This addition will improve coverage and off -load Planning Commission Meeting December 15, 2008 Page 4 of 13 capacity of neighboring sites as well as improving voice and data transmission to Rosemead residents and commuters who travel along and around the surrounding roadways. Conclusion Staff finds the installation of the proposed unmanned wireless facility on an existing T- Mobile monopine to be consistent with the land uses in the general area, with no foreseeable negative impacts to the surrounding properties. The proposed wireless facility can take advantage of the tower's elevation while not impacting the functionality of the structure. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' property owner public hearing notice, and postings of the notice at the five (5) public locations and on the subject site. Prepared by: Lily Trinh Assistant Planner Submitted by: Sheri Bermejo Acting Planning Services Manager EXHIBITS: A. Resolution 08 -31 B. Conditions of Approval C. Site Plan /Floor Plan /Elevations D. RF Emissions Checklist E. Assessor Parcel Map (5281- 029 -800) F. _ Photo Simulations G. Map of Coverage PC RESOLUTION 08 -31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 08 -08, FOR THE CO- LOCATION OF AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY ON AN EXISTING 75 -FOOT TALL T- MOBILE MONOPINE TREE, LOCATED AT 2244 WALNUT GROVE AVENUE IN THE C -3; MEDIUM COMMERCIAL ZONE (APN: 5281 - 029 -800). WHEREAS, on October 13, 2008, Verizon Wireless submitted a Conditional Use Permit application for the co- location of an unmanned wireless telecommunications facility on an existing 75 -foot tall T- Mobile monopine tree, located at 2244 Walnut Grove Avenue; and WHEREAS, 2244 Walnut Grove Avenue is located in the C -3; Medium Commercial Zone; and WHEREAS, Section 17.112.020 (15) of the Rosemead Municipal Code (RMC) allows "professional radio, microwave and television transmitters and broadcasting stations" in any zone, upon the granting of a Conditional Use Permit (CUP). Section 17.112.010 sets criteria required for granting such a permit. These criteria require that the proposed use is deemed: • Essential or desirable to the public conveniences or welfare; • In harmony with the elements or objectives of the General Plan, and; • Not to be detrimental or injurious to surrounding property; and WHEREAS, Sections 65800 & 65900 of the California Government Code and Section 17.112.010 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny conditional use permits; and WHEREAS, Sections 17.112.010 of the Rosemead Municipal Code specifies the criteria by which a Conditional Use Permit may be granted; and WHEREAS, on December 4, 2008, eight (8) notices were sent to property owners within a 300 -foot radius from the subject property, in addition to notices posted in five (5) public locations and on -site, specifying the availability of the application, plus the date, time and location of the public hearing for Conditional Use Permit 08 -08; and WHEREAS, on December 15, 2008, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 08 -08; and ATTACHMENT C WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Conditional Use Permit 08 -08 is Categorically Exempt from environmental review as a Class 3 Exemption pursuant to Section 15303 of the California Environmental Quality Act (CEQA) Guidelines. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify denying Conditional Use Permit 08 -08 according to the Criteria of Chapter 17.112.010 of the Rosemead Municipal Code as follows: A. The conditional use permit applied for is authorized by the provisions of this title and that the granting of such conditional use permits will not adversely affect the established character of the surrounding neighborhood or be injurious to the property or improvements in such vicinity and zone in which the property is located. FINDING: Staff finds this request is consistent with land uses in the general area with no foreseeable negative impacts to the adjacent neighborhood. The applicant is proposing to co- locate an unmanned wireless telecommunications facility on an existing T- Mobile monopine that will consist of twelve (12) panel antennas and four (4) equipment cabinets mounted on a concrete pad within a 20' -0" X 27' -0" leasehold area at the base of the tower. Staff believes that the applicant has taken the appropriate measures to minimize impacts to the surrounding properties. The proposed wireless facility can take advantage of the tower's elevation, while not impacting the functuality of the structure. B. The establishment, maintenance or conduct of the use for which the conditional use permit is sought will not, under the particular case, be detrimental to the health, safety, morals, comfort, convenience or welfare of persons residing or working in the neighborhood. FINDING: The proposed use is silent in nature and will not endanger or otherwise constitute a menace to the surrounding properties as conditions of approval have been incorporated upon the issuance of this permit requiring the overall maintenance of the site. The applicant shall adhere to all requirements and regulations of both the Public Utilities Commission (PUC) and the Federal Communications Commission (FCC) with respect to personal communication services. C. The granting of such conditional use permit will not adversely affect the General Plan of the City. FINDING: The site is designated in the General Plan as Open Space. The proposed use is in conformity with the General Plan, in that the policies of the General Plan encourage complementary uses that will not be in conflict with established neighborhood districts. On the zoning map, it is designated as C -3 (Medium Commercial), which permits the construction of communication towers with approval of a Conditional Use Permit. SECTION 3. The Planning Commission HEREBY APPROVES Conditional Use Permit 08 -08, to allow the co- location of an unmanned wireless telecommunications facility on an existing T- Mobile monopine at 2244 Walnut Grove Avenue, subject to conditions listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on December 15, 2008, by the following vote: YES: GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: CAM ABSTAIN: NONE SECTION 5. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 15th day of Decembe 2008. Daniel Lopez, C irman CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 15th day of December, 2008 by the following vote: YES: GAY, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: CAM ABSTAIN: NONE Sheri Bermejo, Secretary EXHIBIT "B" CONDITIONAL USE PERMIT 08 -08 (APN: 5281 - 029 -800) CONDITIONS OF APPROVAL December 15, 2008 1. Conditional Use Permit 08 -08 is approved for the co- location of an unmanned wireless telecommunications facility on an existing T- Mobile monopine to be developed in accordance with the plans marked Exhibit "C ", dated December 1, 2008 and photographic simulations. Any revisions to the approved plans must be resubmitted for review and approval by the City of Rosemead Planning Division. 2. Approval of Conditional Use Permit 08 -08 shall not take effect for any purpose until the applicant has filed with the City of Rosemead a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions, within ten (10) days from the Planning Commission approval date. 3. Conditional Use Permit 08 -08 is approved for a period of six (6) months from the Planning Commission approval date. The applicant shall initiate the proposed use, or request an extension within 30- calendar days before the expiration of the six (6) month approval period. Otherwise, Conditional Use Permit 08 -03 shall become null and void. 4. The Planning Commission hereby authorizes the Planning Division to make or approve minor modifications to the approved Plans where necessary. 5. Conditional Use Permit 08 -08 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit, including the conditions of approval, based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on Conditional Use Permit 08 -08. 6. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and /or City Council concerning the project, which action is brought within the time period provided by law. 7. All conditions of approval must be complied with to the satisfaction of the Planning Division, prior to final inspection. 8. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building departments for review. 9. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 10. Construction activities shall be limited to take place between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or any legal holidays. 11. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010 - 8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. Any new litter and graffiti shall be removed within twenty -four (24) hours. 12. No start -up generators shall be permitted onsite. 13. All utilities and connection cables shall be underground. The under - grounding of these utilities shall consider all future connections to the satisfaction of the Planning Division. 14. Safety standards developed by the American National Standards Institute (ANSI) shall be followed through all stages of construction and operation of this facility. 15. The applicant shall adhere to all requirements and regulations of both the Public Utilities Commission (PUC) and the Federal Communications Commission (FCC) with respect to personal communication services. 16. Violation of the conditions of approval may result in citation and /or the initiation of revocation proceedings. Minutes of the REGULAR PLANNING COMMISSION MEETING December 15, 2008 The regular meeting of the Rosemead Planning Commission was called to order by Chairman Lopez at 7:00 p.m. in Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. FLAG SALUTE: Chairman Lopez INVOCATION: Commissioner Gay ROLL CALL OF OFFICERS PRESENT: Commissioners Gay, Chairman Lopez OFFICIALS PRESENT: City Attorney Yin, Acting Planner Trinh, Economic Development Adminl Lockwood. 1. EXPLANATION OF HEARING 2. PUBLIC COMMENTS FROM THE �►ta 3. CONSENT A. Approval Kunioka, and Manager Bermejo, Assistant and Commission Secretary RIGHTS Attorney Yin stated that Brian Lewin's statement needed to be clarified. Brian Lewin stated that his question was regarding clarifiers in general and also questioned if the General Plan Update and Zoning Update were going from nonconforming to conforming and back to nonconforming and if action was necessary. Commissioner Ron Gay made a motion, seconded by Commissioner Allan Vuu, to approve the minutes of December 15, 2008 with correction to Brian Lewin's statement. Vote resulted in: Yes: Gay, Kunioka, Lopez, and Vuu No: None Abstain: None Absent: Cam B. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD FILING ITS REPORT AND RECOMMENDATION CONCERNING THE PROPOSED AMENDMENT TO MERGE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 1 AND PROJECT AREA NO.2 AND ITS CONFORMITY TO THE CITY'S GENERAL PLAN AND RECOMMENDING TO THE CITY COUNCIL THAT SAID AMENDMENT BE APPROVED. The Rosemead City Council ( "City Council ") adopted the Redevelopment Plan for Redevelopment Project Area No. 1 on June 22, 1972. Project Area No. 1 consists of approximately 511 acres located generally along the Garvey Avenue and San Gabriel Boulevard corridors. On June 27, 2000, the City Council adopted the Redevelopment Plan for Redevelopment Project Area No. 2. Project Area No. 2 consists of approximately 203 acres located generally along Valley Boulevard. On November 20, 2007, the Rosemead Community Development Commission ( "CDC ") approved a professional services agreement with Urban Futures Incorporated commencing the merger of Project Area No. 1 and 2 ( "Merger "). The benefit of merging project areas is the ability to spend tax increment funds generated in one area in another. In the City of Rosemead, this would allow tax exempt bond proceeds as well as tax increment generated in Project Area No. 1 to be spent in Project Area No. 2 for various capital improvement projects like street rehabilitation, public facilities renovations, etc. Redevelopment law requires that before a proposed redevelopment plan, or an amendment to a redevelopment plan, is submitted to the legislative body (which is the City Council in this case) for adoption, the redevelopment agency shall submit the proposed redevelopment plan or amendment to the planning commission for its report and recommendation, including a determination whether the proposed redevelopment plan or amendment is in conformity with the general plan. The planning commission also may recommend for or against the approval of the redevelopment plan. Recommendation - Staff recommends that the Planning Commission adopt Resolution 08 -33 finding that the proposed Amendment to the Redevelopment Plans for the Rosemead Redevelopment Project Area Nos. 1 and 2 is in conformance to the City's General Plan, and recommending to the City Council that said Amendment be approved. Commissioner Ron Gay made a motion, seconded by Commissioner Allan Vuu, to approve RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD FILING ITS REPORT AND RECOMMENDATION CONCERNING THE PROPOSED AMENDMENT TO MERGE ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 1 AND PROJECT AREA NO.2 AND ITS CONFORMITY TO THE CITY'S GENERAL PLAN AND RECOMMENDING TO THE CITY COUNCIL THAT SAID AMENDMENT BE APPROVED. Vote resulted in: Yes: Gay, Kunioka, Lopez, and Vuu No: None Abstain: None Absent: Cam 4. PUBLIC HEARINGS A. DESIGN REVIEW 08 -06 - Larry Ku has submitted an application for a Design Review to remodel the front fagade of an existing commercial building, located at 4116 -4120 Rosemead Boulevard in the CBD -D (Central Business District with a Design Overlay) zone. (Lily Trinh, Assistant Planner) PC RESOLUTION 08 -32 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE PLANING COMMISSION APPROVE DESIGN REVIEW 08 -06, TO REMODEL THE FRONT FAQADE OF AN EXISTING COMMERCIAL BUILDING, LOCATED AT 4116 -4120 ROSEMEAD BOULEVARD IN THE CBD -D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE (APN: 5391 - 015 -004). Recommendation - Staff recommends that the Planning 08 -06 for a period of one (1) year and adopt Resolution Exhibit "B" attached hereto. Vice - Chairman Todd Kunioka made a motion, approve Design Review 08.06 for a period of on Vote resulted in: Yes: Gay, Kunioka, Lopez, No: None Abstain: None Absent: Cam 'PROVE Design Review to conditions outlined in d by Commissioner Allan Vuu, to and adopt Resolution 08 -32. B. CONDITIONAL USE PERMIT 08 -08 - Verizon Wireless has submitted a Conditional Use Permit application requesting to co- locate an unmanned wireless telecommunications facility on an existing 75 -foot tall T- Mobile monopine tree, located at 2244 Walnut Grove Avenue in the C -3 (Medium Commercial) zone. (Lily Trinh, Assistant Planner) PC RESOLUTION 08 -31 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 08 -08, FOR THE CO- LOCATION OF AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY ON AN EXISTING 75 -FOOT TALL T- MOBILE MONOPINE TREE, LOCATED AT 2244 WALNUT GROVE AVENUE IN THE C -3; MEDIUM COMMERCIAL ZONE (APN: 5281 - 029 -800). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 08 -08, for period of (6) months and adopt Resolution 08 -31, subject to conditions outlined in Exhibit "B" attached hereto. Vice - Chairman Todd Kunioka made a motion, seconded by Commissioner Ron Gay, to approve Conditional Use Permit 08 -08, for period of (6) months and adopt Resolution 08.31. Vote resulted in: Yes: Gay, Kunioka, Lopez, and Vuu No: None Abstain: None Absent: Cam 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Vice - Chairman Kunioka suggested that City Hall Parking Lot needs to be restriped. Acting Planning Services Manager Sheri Bermejo asked if Planning Commissioners would like to attend the Land Use Law and Planning Conference on Friday, January 23, 2009. Commissioner Vuu questioned if a Liquor Store on Valley Blvd., following up on the conditions of approval. He was not sure of t 6. MATTERS FROM THE CITY PLANNER & STAFF . January 5, 2009 Planning Commission Meeting will holidays. Next meeting will be January 19, 2009. 7. ADJOURNMENT Commissioner Allan Vuu made a adjourn. Vote resulted in: Yes: Gay, for a due to City Hall closing for rman Daniel Lopez, to Chairman Lopez adjourned the Planning Commission Meeting at 7:34 p.m. The next regular meeting is scheduled for Monday, January 19, 2008 at 7:00 p.m. Daniel Lopez Chairman ATTEST: Rachel Lockwood Commission Secretary