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12-21-2010 - Public HearingCode Amendment No. 09-06Recycling Fa - Item 13 attach 4 (2).docMINUTES REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA Tuesday, October 12, 2010 The regular meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Sotelo in the West Covina Council Chambers. Commissioner Holtz led the Pledge of Allegiance and the Commission observed a moment of silence. ROLL CALL Present: Sotelo, Carrico, Redholtz, Stewart, Holtz Absent: None City Staff Present: Anderson, Nichols, Garcia, Davis and de Zara APPROVAL OF MINUTES: Regular meeting, September 26, 2010 – The minutes were approved as presented. City Attorney Scott Nichols made a statement regarding Item No. C-1, Conditional Use Permit No. 10-10. During his statement, Mr. Nichols explained that the approval by the Planning Commission had been appealed to the City Council. Since several residents had appeared at that meeting to voice their concerns, the matter had been referred to the Planning Commission. After a short discussion, it was the consensus of the Commission to reopen the public hearing and hear testimony in opposition. (1) HEARD OUT OF ORDER CONDITIONAL USE PERMIT NO. 10-10 CATEGORICAL EXEMPTION APPLICANT: Mike Blackwell for Clearwire LOCATION: 1030 East Merced Avenue (Bethel Christian Fellowship) REQUEST: The applicant is requesting the approval of a conditional use permit to allow the installation of an unmanned wireless telecommunications facility. Three panel antennas and three parabolic antennas are proposed inside a monocross. OPPONENTS: Maria Rivera, David J. Hido, Jiang (John) Zhang, Bess Fung, Kenny Zielomski, Raul Lopez, Karla Lungstum, Kathy Andrews, Rosemary Torres, Fernando Torres, Bill Gonzales, Michael Herrera, Maria Alonso, Betty Benitez & Family, Ryan Graser, Blanca & Albert Venzor, Frederick Sykes, and Lloyd Johnson spoke in opposition. During their testimony, the opponents cited their concerns with loss of property value, privacy, health concerns due to the radio frequency emissions, quality of life, close proximity to a local school, incompatibility of the monocross with the church building, possible noise, loss of tranquility in the neighborhood, the size of the monocross and possible damage to surrounding homes. REBUTTAL: Mike Blackwell said he had represented the applicant at the August 24, 2010 hearing and was here to rebut the testimony in opposition. He spoke about the justification study on file with the Planning Department addressing health concerns and requested that the decision by the Planning Commission on August 24, 2010 be allowed to stand. Chairman Sotelo closed the public hearing. There was a discussion by the Planning Commission regarding the matters presented by the opponents. During the discussion, City Attorney Scott Nichols explained the manner in which the approval could be rescinded. It was the consensus of the Commission to continue this matter to October 26, 2010 so that they could consider rescninding their decision. Motion by Redholtz, seconded by Stewart, to continue the hearing to consider rescinding the previous approval of Conditional Use Permit No. 10-10, and to allow the applicant or any other persons to present evidence on whether the previous approval should be rescinded. Motion carried 5-0. A. OTHER MATTERS OR ORAL COMMUNICATIONS None B. CONSENT CALENDAR FORTHCOMING PLANNING COMMISSION MEETINGS AND PUBLIC HEARING SCHEDULE Receive and file. 2. THREE-YEAR REVIEW OF CONDITIONAL USE PERMIT NO. 06-05 ON-SALE ALCOHOL, LIVE ENTERTAINMENT AND DANCING APPLICANT: Crazy Horse Restaurant LOCATION: 1360 West Garvey Avenue South Review of operation. Recommendation to receive and file report. 3. SIX-MONTH REVIEW OF CONDITIONAL USE PERMIT NO. 09-08 ON-SALE ALCOHOL APPLICANT: Buffalo Wild Wings Grill and Bar LOCATION: 2548 East Workman Avenue Review of operation. Recommendation to receive and file report. Motion by Carrico, seconded by Stewart, to approve the items listed. Motion carried 5-0. C. PUBLIC HEARING (2) CONDITIONAL USE PERMIT NO. 10-05 CATEGORICAL EXEMPTION APPLICANT: Shannon Nichols for Clearwire LOCATION: 1340 East Puente Avenue (Palmview Park) REQUEST: The applicant is requesting the approval of a conditional use permit to install a 65-foot tall wireless telecommunication facility adjacent to the baseball field at Palmview Park. The proposed wireless telecommunication facility will resemble a stadium light standard and include three panel antennas and three parabolic antennas. Chairman Sotelo opened the public hearing. Planning Assistant Amy Davis presented the staff report. PROPONENT: Shannon Nichols, applicant, spoke in favor of the request. She told the Commission that the location of the proposed tower had been relocated, since the City had requested that the equipment cabinet be placed at a less visible site. She also expressed concern that requiring the equipment to be placed underground would make the project cost prohibitive, and requested that this condition be waived. Ms. Nichols also answered questions by the Commission regarding the relocation of the equipment cabinet and possible collocation on their facility. OPPONENTS: No one spoke in opposition. Chairman Sotelo closed the public hearing. There was a discussion by the Commission regarding the location of the light standard and undergrounding of the equipment cabinet. The Commission also asked if the little league had been notified of this application. It was the consensus of the Commission that they would support this application; however, they also agreed that the condition requiring the undergrounding of the equipment cabinet should not be waived. Motion by Redholtz, seconded by Stewart, to adopt Resolution No. 10-5388 approving Conditional Use Permit No. 10-05. Motion carried 5-0. (3) CODE AMENDMENT NO. 09-06 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to Chapter 26 (Planning) of the West Covina Municipal Code related to “Recycling Center” Standards and revocation procedures. Chairman Sotelo opened the public hearing. Planning Associate Ron Garcia presented the staff report. During his presentation, Mr. Garcia spoke about the proposed changes to the procedures for hearings, revocations and appeals and recycling center standards and terminology for small recycling centers. Commissioner Holtz asked about the hours of operation on holidays and weekends. There was also a discussion regarding the new revocation procedures, and the appeal process. City Attorney Scott Nichols also answered questions regarding the new appeal process and explained how the new process would work. PROPONENTS: No one spoke in favor of this matter. OPPONENTS: No one spoke in opposition to this matter. Chairman Sotelo closed the public hearing. There was a short discussion by the Commission regarding the matters presented. It was the consensus of the Commission that the proposed code amendment would address sections of the recycling standards and bring them up to date. Motion by Redholtz, seconded by Holtz, to adopt Resolution No. 10-5389 recommending approval of Code Amendment No. 09-06 to the City Council. Motion carried 5-0. D. NON HEARING ITEMS None E. CONTINUATION OF ORAL COMMUNICATIONS Continuation of Item A, Oral Communications None F. COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS Commissioner Carrico thanked staff and members of the Planning Commission for adjourning the September 28, 2010 meeting in honor of his father-in-law. Chairman Sotelo requested that staff schedule a study session to discuss posting guidelines and public notification requirements. CITY COUNCIL ACTION: None PLANNING DIRECTOR’S REPORT: a. Project Status Report G. ADJOURNMENT Motion by Carrico, seconded by Redholtz, to adjourn the meeting at 9:05 p.m. Motion carried 5-0.