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HomeMy Public PortalAboutPlanning Commission - Minutes - 2013-06-25 - RegularPLANNING COMMISSION • TEMPLE CITY, CALIFORNIA REGULAR MEETING JUNE 25, 2013 - 7:30 P.M. 1. CALL TO ORDER - Chairman Horton 2. ROLL CALL - Commissioners Curran, Leung, O'Leary, Vice - Chairman Cordes, Chairman Horton PRESENT: ABSENT: Commissioners: Curran, Leung, O'Leary, Horton Commissioners: Cordes ALSO PRESENT: City Attorney Murphy, Planning Manager Starns, Associate Planner Gulick, Associate Planner Liu, Management Analyst Coyne, and Community Development Secretary Venters Commissioner O'Leary made a motion to excuse Vice - Chairman Cordes for due cause seconded by Commissioner Curran and unanimously carried. 3. PLEDGE OF ALLEGIANCE • 4. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA 5. CONSENT CALENDAR (Roll Call Vote) Commissioner O'Leary moved to approve the Consent Calendar, seconded by Commissioner Curran and unanimously carried. The Consent Calendar consisted of the following items: A. APPROVAL OF MINUTES MAY 28, 2013 Recommendation: 6. UNFINISHED BUSINESS - None 7. NEW BUSINESS APPROVE AS SUBMITTED A. CONDITIONAL USE PERMIT 13 -1828, A REQUEST TO ESTABLISH A NEW CELLULAR ANTENNA FACILITY (12 ANTENNAS) THAT WOULD BE ATTACHED TO A 70 FOOT TALL LIGHT POLE AT THE HIGH SCHOOL ATHLETIC FIELD. THE REQUEST ALSO INCLUDES THE LEASING OF A 33 FOOT BY 19 FOOT AREA NEAR THE LIGHT POLE AT THE ATHLETIC FIELD (WITH ACCESS FROM COMINO REAL DRIVE) THAT WOULD CONSIST OF A 50 KILOWATT BACKUP GENERATOR AND A 230 SQUARE FOOT PRE - FABRICATED SHELTER (10 FEET TALL) THAT WOULD CONTAIN ASSOCIATED CELLULAR ANTENNA EQUIPMENT. Planning Commission Minutes June 25, 2013 Page 2 of 5 Pages CASE NUMBER: APPLICANT: RECOMMENDATION: CONDITIONAL USE PERMIT 13 -1828 NEW CINGULAR WIRELESS PCS (AT &T) ADOPT A RESOLUTION TO APPROVE THE PROJECT Associate Planner Gulick gave a PowerPoint presentation. Chairman Horton opened the public hearing. Jerry Ambrose, applicant, informed the Planning Commission that due to a company merge the previously approved CUP for Metro PCS will likely expire. This project meets all FCC regulations and New Cingular Wireless will abide by the conditions of approval. Jerry Jambazian, business owner, inquired about the cellular facility. Darryl Marini, resident, presented documentation to the Planning Commission regarding cellular towers. Spoke in opposition of the proposed request. Maria Lin, resident, spoke in opposition on the proposed request regarding possible health effects created by cellular towers. Janet Marcellus, resident, briefed the Planning Commission regarding disturbances from her neighbor. Desiree Marini, resident, asked the Planning Commission about FCC regulations and what role the Temple City School Board would play regarding cell tower placement on a school campus. Aum Leonard, resident, spoke concerning health effects from cellular towers. She is not in favor of the proposed request. Antony Lin, resident, asked the Planning Commission if an additional cellular tower is beneficial. He spoke in opposition of the proposed request. City Attorney Murphy clarified the Planning Commissions role in approving /denying requests for cellular towers and answered the questions of the public. Chairman Horton invited the applicant to address the concerns of the public. Jerry Ambrose, applicant, felt that the City Attorney satisfactorily addressed the concerns of the public. Chairman Horton closed the public hearing. • • " Planning Commission Minutes June 25, 2013 Page 3 of 5 Pages Commissioner Curran made a motion to approve Conditional Use Permit 13- 1828 as amended and find that the project is categorically exempt seconded by Commissioner Leung and carried by Roll Call Vote. AYES: Commissioner - Curran, Leung NOES: Commissioner - O'Leary, Horton ABSENT: Commissioner - Cordes City Attorney Murphy advised that due to a tie vote, at the next Planning Commission Meeting this body may continue this item or deny the project and prepare a resolution recommending denial. Commissioner Leung made a motion to continue Conditional Use Permit 13- 1828 to the Planning Commission Meeting of July 23, 2013 seconded by Commissioner O'Leary and unanimously carried. B. A REQUEST FOR A MUNICIPAL CODE AMENDMENT TO PROVIDE DEFINITIONS AND CRITERIA FOR THE ESTABLISHMENT AND OPERATION OF TOBACCO SHOPS, E- CIGARETTE/VAPORIZER STORES, AND CLOSELY RELATED BUSINESSES. RECOMMENDATION: RECOMMEND THAT THE CITY COUNCIL APPROVE THE MUNICIPAL CODE AMENDMENT Associate Planner Liu gave a PowerPoint presentation and provided an overview of our current zoning standards regarding tobacco shops. Tobacco shops and similar uses currently are allowable by right with the exception of the Las Tunas East Commercial District. Among the 13 cities surveyed, e- cigarette shops are a newly established business use. If staff does not regulate tobacco stores and related uses the City will face an oversaturation of this type of business. The proposed code amendment requires a CUP for all tobacco shops and related uses, prohibits hookah lounges, requires visibility requirements, and limits the sale and storage of paraphernalia. The proposed municipal code amendment clearly defines and establishes criteria for tobacco shops that would be consistent with the state and federal levels. Chairman Horton opened the public hearing. Jerry Jambazian, business owner, spoke regarding the recent increase of tobacco related businesses in the City. Jim Clift, resident, asked if e- cigarettes could be sold as an incidental use at gas stations and convenience stores. " Planning Manager Starns replied that the proposed code amendment applies to stand alone businesses only. Planning Commission Minutes June 25, 2013 Page 4 of 5 Pages Chairman Horton closed the public hearing. Commissioner Curran made a motion to recommend that the City Council approve a code amendment to require a Conditional Use Permit for tobacco shops, e- cigarette /vaporizer stores and closely related businesses and find that the request is categorically exempt seconded by Commissioner O'Leary and unanimously carried. C. A REQUEST FOR A MUNICIPAL CODE AMENDMENT TO ADD MIXED USE STANDARDS AND MODIFY THE REQUIREMENTS FOR MULTI- FAMILY AND SENIOR CITIZEN HOUSING PROJECTS. RECOMMENDATION: RECOMMEND THAT THE CITY COUNCIL APPROVE THE MUNICIPAL CODE AMENDMENT Management Analyst Coyne gave a PowerPoint presentation and briefed the Planning Commission regarding the municipal code amendment pertaining to the Downtown Specific Plan (DSP) in relation to mixed use. Earlier this year the City Council approved the Housing Element which implements several modifications to the DSP. To ensure that future projects are compatible with the surrounding area, design guidelines and development standards will be set forth. The proposed municipal code amendment includes the following; allowance for side by side commercial /residential uses, high density standards for non - senior housing, no density cap for senior housing, elimination of a CUP requirement for residential and senior housing projects, and elimination of the one acre requirement for mixed use projects. Development and design standards include lot size, building heights, ground floor heights, bulk and massing, setbacks, parking requirements, and open space requirements. Stand alone residential projects would be allowable by right however, all mixed use projects would continue to require Planning Commission approval. Chairman Horton opened the public hearing. Chairman Horton closed the public hearing. Commissioner O'Leary made a motion to recommend that the City Council approve a code amendment to add mixed use standards and modify the requirements for multi - family and senior citizen housing projects and find that the request is categorically exempt seconded by Commissioner Leung and unanimously carried. 8. COMMUNICATIONS - None • " " Planning Commission Minutes June 25, 2013 Page 5 of 5 Pages 9. MATTERS FROM CITY OFFICIALS - City Attorney Murphy confirmed the resolution number on Agenda item 7B. Commissioner O'Leary made a motion to open Agenda item 7B, seconded by Commissioner Leung and unanimously carried. Commissioner O'Leary made a motion to recommend that the City Council adopt resolution 13 -2376 approve a code amendment to require a Conditional Use Permit for tobacco shops, e- cigarette /vaporizer stores and closely related businesses and find that the request is categorically exempt seconded by Commissioner Curran and unanimously carried. 10. UPDATE FROM COMMUNITY DEVELOPMENT MANAGER - Planning Manager Starns announced that an RFP for the General Plan have been sent. Responses regarding the RFP for the General Plan are due in July. Upcoming RFP's will be sent shortly for the Historic Preservation Ordinance, Route 19 Village Specific Plan, and the Sign Code Ordinance. Agenda items for the next Planning Commission Meeting include updates for the Housing Element and a CUP for a preschool. Currently, there are no items scheduled for the month of August. The Gateway Project is in plan check and is slowly making progress. 11. COMMISSION ITEMS SEPARATE FROM THE REGULAR AGENDA 12. ADJOURNMENT The Planning Commission Meeting was adjourned at 9:29 p.m. to the Planning Commission Regular Meeting of July 23, 2013 at 7:30 p.m. in the Council Chambers at 5938 Kauffman Avenue. Chairman