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10-19-2010 - Code Amendment No. 09-04Wireless Telecommunication - Wireless hering att. 4 (2).docMINUTES REGULAR MEETING OF THE PLANNING COMMISSION CITY OF WEST COVINA Tuesday, September 14, 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 Carrico 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, Davis, Wong, and de Zara APPROVAL OF MINUTES: Regular meeting, August 24, 2010 – Commissioner Stewart requested that the minutes be amended to reflect that Chairman Sotelo called the meeting to order. The minutes were approved as amended. A. OTHER MATTERS OR ORAL COMMUNICATIONS None B. CONSENT CALENDAR FORTHCOMING PLANNING COMMISSION MEETINGS AND PUBLIC HEARING SCHEDULE Receive and file. Acting Planning Director Jeff Anderson presented the staff report. He told the Commission that two items were scheduled to be discussed at the September 28, 2010 regular meeting. Motion by Carrico, seconded by Redholtz, to approve the items listed. Motion carried 5-0. Item No. D-1 was heard out of order. D. NON HEARING ITEMS (1) CODE AMENDMENT NO. 10-03 CONSIDERATION TO ALLOW ALCOHOL SALES AT SERVICE STATIONS APPLICANT: City of West Covina LOCATION: Citywide The Planning Commission requested the item to be agendized to discuss the status of the code amendment. Senior Planner Fabiola Wong presented the staff report. During her presentation she spoke about the code initiation and proposed code amendment. She also reviewed that proposed standards that had been requested by Commissioner Redholtz, as well as conditions proposed by staff. Commissioner Redholtz spoke regarding the reasons why he had requested that a code amendment be initiated to allow the sale of beer in convenience stores operated in conjunction with the operation of a service station. He reviewed the conditions he would propose to restrict the sale of alcohol to only a few service stations. *In addition, he said that those citizens in opposition to the code amendment might be better-served to focus their attention toward on-sale service of alcohol rather than off-sale service of beer at service stations, since on-sale service of alcohol requires the consumption of the alcoholic beverage before driving to another destination.* However, Commissioner Redholtz also said that he was requesting that the code amendment be rescinded because West Covina citizens appeared to be uncomfortable with going forward and there appeared to be little or no citizen suppport for the code amendment. Commissioners Carrico and Stewart expressed their opposition to the code amendment because they agreed that West Covina had a sufficient number of places to purchase alcoholic beverages and they didn’t agree that the Municipal Code should be changed to conform with other cities. Commissioner Holtz and Chairman Sotelo said they were in favor of the code amemdment because it would help service stations compete with those in surrounding cities that offered the sale of alcoholic beverages for off-site consumption. Bob Faudoa, President of Gary Engineering, spoke in favor of the code amendment. He said that he was representing a client who was purchasing a service station in the City of West Covina. Angie Gillingham, Fred Sykes, Alfred Williams, Joanne Wilner, Yoo Young, Lloyd Johnson, and Forrest Wilkins spoke in opposition. A letter of opposition from Joanne Moses was also read into the record by staff. The opponents cited their concerns with safety due to the potential to drive while under the influence and the fact that West Covina was set apart from other cities because sales of alcoholic beverages was not allowed at gas stations. Some of the opponents also cited the oversaturation of liquor licenses and said that there are already plenty of places where alcoholic beverages can be purchased. Motion by Redholtz, seconded by Stewart, to rescind Code Amendment No. 10-03. Motion carried 5-0. C. PUBLIC HEARING (1) ADMINISTRATIVE USE PERMIT NO. 10-23 CATEGORICAL EXEMPTION APPLICANT: Daniel J. Kramer, Haas Nagarian, LLP for Walgreens Company LOCATION: 1131 Glendora Avenue REQUEST: The applicant is requesting the approval of an administrative use permit to provide the off-sale service of beer and wine (Type 20) in conjunction with the operation of an existing drug store at the abovementioned address. Chairman Sotelo opened the public hearing. Planning Assistant Amy Davis presented the staff report. During the presentation, Ms. Davis said that this application was for the off-sale service of beer and wine. She also stated that this application was in an area where there was an undue concentration of liquor licenses. Commissioner Redholtz asked about the crime statistics in the area. Chairman Sotelo asked staff how many districts were in West Covina and Commissioner Holtz said that the crimes in the area were serious crimes, not misdemeanors. Commissioner Carrico also asked if this location was previously approved for the sale of beer and wine. PROPONENT: Mauricio Zamoran, a Walgreen’s store manager, spoke in favor of the application. He informed the Commission that Walgreen’s had recently started seling beer and wine in their Southern California stores. In addition, Mr. Zamoran told the Commission that Walgreen’s provided training for the sales of beer and wine and that they used an ID card reader to verify the ages of customers purchasing beer and wine. He also pointed out that no one is allowed to consume alcoholic beverages on the premises and that Walgreen’s also agreed to the conditions of approval. OPPONENTS: Joanne Wilner and Alfred Williams spoke in opposition. They both stated their opposition was because there were already a sufficient number of locations in the area that offered the sales of alcoholic beverags. Chairman Sotelo closed the public hearing. There was a discussion by the Commission regarding the number of other locations where alcoholic beverages can be purchased and ABC standards for undue concentration. In addition, the Commission considered the differences between off-sale licenses and on-sale licenses and discussed the crime statistics for the area. Chairman Sotelo and Commissioner Redholtz indicated their support of the request, since this was a retail store and allowing sales of alcoholic beverages would provide a convenience to customers. Commissioners Stewart and Carrico said they would not support this request because there were other places in this area where beer and wine could be purchased. Commissioner Holtz also stated he would not support this request because of the high concentration of alcohol sales in the area. Motion by Redholtz, seconded by Sotelo, to adopt Resolution No. 10-5385, approving Administrative Use Permit No. 10-23. Motion failed 3-2 (Holtz, Stewart and Carrico opposed.) Motion by Carrico, seconded by Holtz, to adopt Resolution No. 10-5385, denying Administrative Use Permit No. 10-23. Motion carried 3-2 (Redholtz and Sotelo opposed.) Chairman Sotelo stated that this matter is final unless appealed to the City Council within ten days. (2) CODE AMENDMENT NO. 09-04 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to the Zoning section of the West Covina Municipal Code as it relates to Wireless Telecommunication Facilities. Planning Assistant Amy Davis presented the staff report. During her presentation she reviewed the recommendations that had been made during the previous study sessions. Joanne Wilner spoke regarding this matter and recommended that wireless service providers be required to check to see if collocation is possible at an existing site before installing a new cell tower. In addition, Mrs. Wilner suggested that there should be better maintenance of cell towers designed as faux trees and they should also be compatible with the area. There was a discussion regarding the proposed amendments to the current code, which was adopted in 1997. Among the proposed amendments were revising of terminology, location of wireless facilities on city-owned sites, separation between wireless facilities and residences, noise standards, security fencing for accessory facilities such as equipment cabinets, lighting for support facilities, requiring support facilities to be placed underground, colocation requirements, landscaping and maintenance requirements and requiring notification of the intention to abandon a cell tower site. It was the consensus of the Commission to proceed with the code amendment. Motion by Redholtz, seconded by Holtz, to adopt Resolution No. 10-5386, recommending to the City Council approval of Code Amendment No. 09-04. Motion carried 5-0. Chairman Sotelo said that final action on this matter will be considered by the City Council at a public hearing tentatively scheduled for October 5, 2010. E. CONTINUATION OF ORAL COMMUNICATIONS Continuation of Item A, Oral Communications None F. COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS Commissioner Redholtz spoke regarding homeless persons residing in vacant properties throughout the city. He requested that Community Enhancement or the West Covina Police Department be notified of this matter. Commissioner Carrico expressed his concern with trash on the Citrus off-ramp leading to West Covina. Staff was directed to contact Cal Trans about this matter. Commissioner Stewart reminded everyone that West Covina Day at the Fair was on Septemer 29, 2010. Commissioner Holtz spoke regarding the groundbreaking at Westfield Mall for Gold’s Gym and Nordstrom Rack on September 29, 2010. Chairman Sotelo asked if more information could be provided regarding police reporting districcts. (1) CITY COUNCIL ACTION: Regular meeting, September 21, 2010: Appeal of Planning Commission denial of Planning Director’s Modification No. 10-20 (vehicular security gates at 318 Great Mountain Drive) Appeal of Conditional Use Permit No. 10-10, Wireless Communication Facility at 1030 East Merced Avenue. (2) PLANNING DIRECTOR'S REPORT: a. Project Status Report G. ADJOURNMENT Motion by Carrico, seconded by Redholtz, to adjourn the meeting at 8:45 p.m. Motion carried 5-0.