PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBER 38300 SIERRA HIGHWAY, SUITE B PALMDALE, CALIFORNIA AGENDA NO. 863 SEPTEMBER 14, 2017 7:00 P.M. 1. CALL TO ORDER The meeting of the Planning Commission of the City of Palmdale was called to order by Chair Nemeth at 7:00 p.m. on Thursday,, in the City Council Chamber at 38300 Sierra Highway, Suite B, Palmdale, California. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Chair Nemeth led the Pledge of Allegiance 3. Administration of Oath to Newly Appointed Planning Commissioner Oscar Aleman Chair Nemeth administered the oath to Mr. Aleman, welcoming him to the City of Palmdale Planning Commission. 4. ROLL CALL: Chair Nemeth Vice Chair French Commissioners Aleman, Avery, Ward Five members of the Planning Commission were present: Chair Nemeth, Vice Chair French, Commissioners Aleman, Avery and Ward. 5. Presentation to Former Commissioner David Eneix Ms. Sandy Corrales accepted the plaque presented by Chair Nemeth stating that Mr. Eneix asked her to thank the City of Palmdale for allowing him to serve as a Planning Commissioner stating that it was and honor and a privilege. 6. REVIEW OF AGENDA Rob Bruce, Planning Manager, stated that there were no changes to the agenda this evening. 38250 North Sierra Highway, Palmdale, CA 93550-4798 * 661/267-5200 * Fax 661/ 267-5233 * TDD 661/267-5167 www.cityofpalmdale.org Auxiliary Aids provided for Communication Accessibility upon 72 hour notice and request.
Page 2 7. MOTION TO WAIVE FULL READING OF ALL RESOLUTIONS ON THE AGENDA FOR THIS MEETING Motion was made by Commissioner Ward and seconded by Vice Chair French to waive full reading of all Resolutions on the Agenda for this meeting. No objection; so ordered. 8. PUBLIC COMMENTS ON CONSENT CALENDAR ITEMS AND ANY ITEMS NOT ON THE AGENDA Mr. Xavier Flores, representing Pueblo Y Salud, stated his concerns that because Commissioner Avery is in the same type of business, that he may have a conflict of interest and that he should abstain from Item 10B. 9. CONSENT CALENDAR Approval of Minutes from the Regular Planning Commission Meeting of August 10, 2017 Motion was made by Vice Chair French and seconded by Commissioner Ward to approve the Consent Calendar. Motion carried 4:1, with Commissioner Aleman abstaining. 10. PUBLIC HEARINGS 10A. Tentative Tract Map 60408 Time Extension 2 Royal Investors Group, LLC, Applicant A request for a four-year time extension to subdivide approximately 20 acres into 45 single-family residential lots and three detention basin lots located north of Avenue N, approximately 600 feet east of 55 th Street West The staff report was presented by Megan Taggart, Senior Planner, stating that it is recommended that the Planning Commission adopt Resolution No. PC-2017-029 approving Tentative Tract Map 60408 Time Extension 2 and find that the project will not result in any changes to the previously approved Negative Declaration adopted for this project.
Page 3 Public testimony commenced at 7:13 p.m. Ms. Kris Pinero representing the applicant stated that she is available for any questions. Motion was made by Vice Chair French and seconded by Commissioner Ward to close the public hearing at 7:15 p.m. No objection; so ordered. Motion was made by Vice Chair French and seconded by Commissioner Ward to approve Tentative Tract Map 60408 Time Extension 2. Motion carried 5:0. 10B. Conditional Use Permit 02-21 Major Modification Ms. Sally Eid, Applicant In regards to Mr. Flores concern regarding Commission Avery s possible conflict of interest for Item 10B, Mr. Doran asked Commissioner Avery if he will receive any personal gain or has any financial interest in Pyramid Market and could he be unbiased regarding Item 10B? Commissioner Avery stated that he has no issue with Pyramid Market selling Type 20 or Type 21 alcohol, that he has no business relationship with the applicant and he will be fair and impartial. A request for a change in mode of operation from Type 20 (Off-Sale Beer and Wine) License to Type 21 (Off-Sale General) License for the Pyramid Market Store located at 1647 East Palmdale Boulevard, Suite H The staff report was presented by Matthew Alcuran, Assistant Planner, stating that it is recommended that the Planning Commission consider a request for a change in mode of operation from Type 20 (Off-Sale Beer and Wine) license to Type 21 (Off-Sale General) license for the Pyramid Market store. Commissioner Ward asked who inspects to make sure that the space that is allocated for the additional alcohol sales doesn t expand. Mr. Bruce stated that the sheriff s department and ABC will coordinate to make inspections.
Page 4 Commissioner Ward asked for clarification whether the calls of service specifically for Pyramid Market or the shopping center. Mr. Alcuran informed her that the calls for service are for the entire shopping center, not just for Pyramid Market. Public testimony commenced at 7:20 p.m. Mr. Xavier Flores presented the Commission with the Position of Pueblo & Salud and the Palmdale Prevention Community Council Regarding the Pyramid Market Application, asking that the Planning Commission continue this item until they have had a chance to read this information. In addition, he does not believe that this application meets the Public, Convenience and Necessity code, as there are several other Type 21 licenses within the same area, nor does it meet the distance requirement for the La Petite Academy pre-school. Mr. Cesar Vega Magallon stated that he works with Mr. Flores and has talked to several of the businesses and has been told of beer cans being tossed into the pre-school grounds, public urination, people passing out, as well as smoking weed. He also stated that he in speaking to these business owners, that they have the same concerns and were not notified of this application. Ms. Sally Eid, owner of Pyramid Market, stated that in regards to some of the previous speakers concerns, the pre-school was built after Pyramid Market got its original approval in 1989. She stated that they are a neighborhood friendly market and know their customers by name. In regards to security, they have 12 security cameras, which actually cover the entire center as well as bullet proof glass and they ID everyone. She also stated that they have received thank you letters regarding the sting operations from the ABC and the sheriff s department, for being in compliance. In addition, she stated that she believes that Commissioner Avery will make a fair and impartial decision. Motion was made by Chair French and seconded by Commissioner Ward to close the public hearing. No objection; so ordered. Commissioner Ward stated her concerns with the addition of hard alcohol to an already high crime area. She understands that it is a convenience, but does not believe it is a necessity.
Page 5 Commissioner Aleman stated that if someone wants hard alcohol, they can go down the road to Shamrock or 7-11. Chair French stated that between the high crime, the sting operations and all of the security that is in place for this market, she is concerned that adding more alcohol to this particular area would not be a convenience or necessity. Chair Nemeth stated that she cannot find that adding hard alcohol to this market is neither a convenience nor a necessity. Commissioner Avery stated that if the surrounding business owners are against the addition of hard alcohol to this market, why they didn t show up for this meeting to state their concerns, especially when notices were sent out and a sign was posted. He stated that he believes that it is a disadvantage to be the only one in an area that is not allowed to sell a particular item, in this case hard alcohol. And how much of the crime in this particular area is caused by the sale of alcohol from this market. Commissioner Ward stated her concern in just now receiving Mr. Xavier s information and not having enough time to read it at the meeting. In addition, she stated that she believes that Pyramid Market is a convenience and be allowed to sell hard alcohol; however, does not believe it is a necessity. Motion was made by Commissioner Ward and seconded by Commissioner Aleman to approve Conditional Use Permit 02-21 Major Modification. Motion carried 3:2, with Chair Nemeth and Vice Chair French voting no. 10C. Conditional Use Permit 14-015 Core Development Services, Applicant A request to construct a 55-foot high minor communications facility disguised as a church tower located at 1600 East Avenue R-4 (St. Mary s Church) The staff report was presented by Matthew Alcuran, Assistant Planner, stating that it is recommended that the Planning Commission adopt Resolution No. PC-2017-034 approving a request to construct a 55-foot high minor communications facility disguised as a church tower and find that the project is Categorically Exempt from environmental review.
Page 6 Public testimony commenced at 8:02 p.m. Mr. Thomas Lee stated that he is concerned about the kids being exposed to the EMF s from the cell towers. Ms. Maree Hoeger, Project Manager for Core Development Services, stated that the installation of this tower will improve coverage which is necessary for this area. Commissioner Avery asked if the applicant could address Mr. Lee s concern with the EMF levels. Ms. Hoeger stated that legally the Commission cannot consider EMF ratings in the decision making process. However, Verizon has hired an outside consultant agency to determine the EMF levels and they have met the FCC s standards. Chair Nemeth asked what the noise levels at the base of this tower are. Ms. Hoeger stated that they are using outdoor equipment cabinets that will be inside an eight-foot Cement Masonry Unit (CMU) enclosure to further eliminate the noise. Motion was made by Commission Avery and seconded by Commissioner Aleman to close the public hearing at 8:12 p.m. No objection; so ordered. Mr. Doran informed the Commissioners that in regards to EMF concerns, he stated that the City is preempted by Federal law from taking into account EMF levels. The only thing you can inquire about is if the project exceeds the limits established by the FCC. However, you can take into consideration aesthetics, noise, etc. in making your decision. Chair Nemeth stated that she likes the design and is glad that there will be more cell coverage in this area. Motion was made by Vice Chair French and seconded by Commissioner Ward to approve Conditional Use Permit 14-015. Motion carried 5:0.
Page 7 11. Staff Communications 11A. Subdivision Map Act Staff Reference: Noel Doran, Assistant City Attorney 11B. Development Update Mr. Bruce, Planning Manager, informed the Planning Commission that the Planning Division has hired one of two Planners that were approved with this year s budget, Mr. Clarence Skip Smith as an Assistant Planner. He also stated that Planning has also welcomed Ms. Nardy Lopez, Management Analyst, previously from City Manager s office and Economic Development to the Planning who will be doing research on various questions that have come up. 12. Planning Commission Communications Chair Nemeth welcomed Mr. Aleman to the Planning Commission. Vice Chair French stated that she is glad to see Hobby Lobby open and hopes that more businesses in that area will be coming soon. Commissioner Ward thanked staff for all of their hard work on these items and is glad to have a full Commission so that there can be more discussion on projects that come forth. Mr. Doran suggested that because of the legal issues that were brought up, he could prepare a training session for the next Planning Commission meeting regarding the EMF and the Convenience or Necessity. The Commission agreed that extra training on Convenience or Necessity would be very helpful. 13. Adjournment to the Planning Commission Meeting of Thursday, October 12, 2017, at 7:00 p.m., in the City of Palmdale City Council Chamber
Page 8 The Planning Commission meeting was adjourned at 8:50 p.m. to the Planning Commission meeting of October 12, 2017, at 7:00 p.m., at the City of Palmdale City Council Chamber. PASSED, APPROVED, AND ADOPTED this 14 th day of September 2017. Stacia Nemeth, Chair Planning Commission ATTEST: Lynn O Brien, Deputy City Clerk