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Item 3A - Minutes 07-06-2009Minutes of the PLANNING COMMISSION MEETING July 6, 2009 The regular meeting of the Rosemead Planning Commission was called to order by Chairwoman Herrera at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Commissioner Hunter INVOCATION - Chairwoman Herrera ROLL CALL OF OFFICERS PRESENT: Commissioners Eng, Alarcon, Chairwoman Herrera OFFICIALS PRESENT: City Attorney Don Davis, Agaba, Assistant Planner Trinh, Commission Sec 1. EXPLANATION OF HEARING PROCEDURES Ali Don Davis, City Attorney presented the procedures and Vice- Chairman Planner the 2. PUBLIC COMMENTS FROM THE James Flournoy stated that he received a let will be addressed at City Council Meeting on been presented at the Principal Planner Ber at the June 15, 2009, mission Meetiria first. unicipal 3. A. 11"'Abbroval of Minutes': 'June Amendment 09-01 which ad staff why it had not 09-01 was a public hearing item Commissioner Eng, stated that` he had corrections. She wanted to clarify that two restaurants currently reside intitFe:,hoppirig'center; however that only one is selling alcohol. She stated that S the applicant's comments regarding the security guard should be included into the minutes. She also requested to include that the applicant was consulted on the specific time that security would be present and that five p.m. was agreed upon. Vice-Chairman Alarcon made a motion, seconded by Commissioner Eng to APPROVE minutes as amended. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None 4. PUBLIC HEARINGS A. DESIGN REVIEW 09-04 AND CONDITIONAL USE PERMIT 09.03 - Amstead Residuals, LLC has submitted a Design Review application for the construction of a new 13,969 square-foot Fresh and Easy Neighborhood Market, and a Conditional Use Permit application for a new Off-Sale beer and wine (Type 20) ABC license, located at 9000 E. Valley Boulevard, located in the CBD-D (Central Business%;District with a Design Overlay) zone. PC RESOLUTION 09-15 - A RESOLUTION OF TH CITY OF ROSEMEAD, COUNTY OF LOS::A APPROVING DESIGN REVIEW - 09.04, FORJ1HE SQUARE-FOOT FRESH AND EASY NEIGHBOR CONDITION USE PERMIT 09-03, FOR AINEW, OF ABC LICENSE, LOCATED AT 9000 E. VALLEY BC BUSINESS DISTRICT WITH A DESIGN OVERLAY) Recommendation - Staff recomn Design Review 09-04 and Conditi adopt Resolution 09.15, subject to MISSION OF THE OF CALIFORNIA )F A NEW 13,969 MARKET, ANDi;5,APPROVING :;BEER AND WINE (TYPE 20) ,RD IN THE CBD-D (CENTRAL (APN: 8954.001.031). the Plannings Commission APPROVE =it 09-03.for a period of (1) year and utImed:in Exhibit "B". Planner Trinh gave Vice-Chairman Alarcon staff that he feels that;midnioht is with the hours of operation. He also stated that operation be limited to 10:00 p.m. Commissioner Eng q location of the proposed mechanical equipment, Principal Planner.Sermejo stated that she believed the mechanical equipment will be located on the roof of the building. She also stated that the parapet wall has been designed to exceed the height of any proposed mechanical equipment, and that the exterior wall mounted equipment has been made to be flush 'With the building. She also stated that landscaping is further proposed to screen ground mounted equipment. Commissioner Eng questioned staff if the screening will help mitigate some of the noise levels that will be generated by mechanical equipment. Principal Planner Bermejo stated that noise is not anticipated to be a problem. Staff has worked with the Fresh & Easy architect to mitigate any potential noise impacts. The building is setback 21- feet away from the east property line. Commissioner Eng questioned staff if mechanical equipment will be located on the center of the roof top. Principal Planner Bermejo stated that mechanical equipment will be spread sporadically on the roof top and described the site markings for mechanical equipment on the roof plans. Commissioner Eng stated that the traffic impact study stated there will be no significant impact on Steele Street and Rosemead Boulevard. She also referred to the number of trips this project will generate, which is 1,789 per day and that there are two driveways. She asked where the bulk of the traffic will be from. Principal Planner Bermejo stated that Joanne Itagaki, the City's Traff b Consultant, is present to answer questions. She also explained the level of service thresholds aprovided a definition of impact. Joanne Itagaki stated that the applicant's traffic engineer used a trip distributioh pattern that ercent from the west.and south. indicated 15 to 20 percent from the north and east, d about 10p She indicated that the majority of traffic was traveling from the north;and east, and that some trips also were observed traveling through the neighborhood Commissioner Ruiz questioned staff as to whatwas the impact 'of:the, traffic through neighborhood. Joanne Itagaki stated that the trip distribution pattern;"ohly determines the peak hours of travel. Exhibit E, Figure 7, page 15 of the traffic report shows that thepeak hours are 14 coming from the east on Steele and 11 coming on Steele in the evehing. She also stated that the peak hours determine when the majority of trips;cominp onto the; site. also s for gardind;which street will be used for truck deliveries. He driving through residential areas and if there is enough Joanne Itagaki;stated that eastbound to`inter the dri Commissioner H Street, but other uate room for delivery trucks, and that trucks travel on Steele Street. d: that her concern was that delivery trucks would not only use Steele streets to avoid Rosemead Boulevard. Joanne Itagaki stated that trucks are required to travel the most direct route from a recognized truck route, which for the applicant would be Valley Boulevard or Rosemead Boulevard. She further stated that trucks have restricted access from Valley Boulevard in the westbound direction and they cannot make a left turn from Valley Boulevard. She also stated that trucks will be turning from Rosemead Boulevard onto Steele Street. Vice-Chairman Alarcon suggested that we put signs restricting weight limits for trucks. Joanne Itagaki stated that could be done, and suggested that a sign also be put up on the loading dock letting truck drivers know they cannot go east on Rosemead Boulevard. Vice-Chairman Alarcon questioned staff if there would be a sign stated no idling on the loading dock for delivery trucks and refrigeration trucks. Principal Planner Bermejo stated that currently that is not a condition of approval but the Commissioners can discuss this issue and it can be added. She also stated that Fresh & Easy uses energy efficient vehicles and she suggested that the applicant should explain the types of vehicles that are used for distribution. Commissioner Ruiz asked staff what is meant by energy efficient Principal Planner Bermejo recommended that the applicant Commissioner Eng questioned staff if the block wall six feet high. side will be up to code of Principal Planner Bermejo stated that the existing wall Commissioner Eng stated that a portion ofth, ;.wall in the Principal Planner Bermejo clarified that walls not exceed a height of three feet in the Centr be six feet tall. tall. feet ofany public right-of-way shall but all other portion of the walls will Commissioner Eng questioned staff oh height of block,wall where trash enclosure is proposed Principal Plan nenconfirmed that the wall`'near the;t~ash enclosure will be six feet tall Vice Chairman Alarcon questioned staff;,whether the light standard located on the east wall will have'a sfiield installed to prevent light from impacting the residential properties. Principal Planned Bermejo stated that a light standard has been installed along the southeast property line, an&indicated that a condition of approval has been added requiring the applicant to install a shield so ttiataight,does not impact the adjacent residence. John Ly, project architect, and Kelly Hayes, representative of Fresh & Easy, stated that they are here to and answer questions. Mr. Ly also stated that the roof top equipment is energy efficient and that most of the refrigeration and mechanical equipment is located inside the building and that there are only a couple of fans for restroom facilities located on the roof resulting in minimal noise impacts. He also stated that the parapet wall will not allow you to see any equipment at all from the roof top. Truck routes will be coming in from Highway 10 on to Rosemead Boulevard and then to Steele Street. He also stated the east property light fixture will be shielded to meet lighting requirements. There will be two lights that will be removed and replaced. The one that will remain is located on the southeast side of the lot and will be shielded to reduce light impacts. He also 4 confirmed that the block wall on the residential side of the property will be six feet tall and will meet code requirements. He also stated that landscaping will further act as buffer for noise. Vice-Chairman Alarcon stated that he would like an explanation of how the Fresh & Easy trucks are considered greener and energy efficient. Kelly Hayes representative of Fresh & Easy stated that Fresh & Easy is very green and likes to use solar panels on their distribution center, UV tinting on their windows, and that everything they do is green focused. She also stated that the engines on the vehicles do not idle and that the trucks have hybrid systems. The larger trucks will deliver once or twice a,day early in the morning and the deliveries will take about 20 minutes. She indicated that it is a,;priority, for the larger Fresh & Easy trucks to get there first thing in the morning, but smaller truckdelivery times may vary. Commissioner Eng asked Kelly Hayes when the store Kelly Hayes stated that they anticipate the store Commissioner Eng questioned Kelly Hayes why they this location. 2010 or 2011. be open until(midnight at Kelly Hayes stated that they do not want ti be able to best fit the neighborhood needs Commissioner Eng questioned Kelly Hayes ab alcohol, and asked aboutthe(process to prevei Kelly Hayes stated thafthere are monitors that When alcohol is purchased `the register requir( can proceed' on the hoursof operation. They would like to ,,If'bh66k-out process for selling from Q&chasinq alcohol. self-serve check-out stands at all times. ID card. be swiped before the purchase Commissioner Eng indicated that she'was, concerned with the process and stated that she tested it out at&Ihambra locatiori+'and felt it did riot work. She further indicated that the process needs to be looked Vice-Chairman Alarcon questiohed if there were any problems with changing hours of operation and delivery hours. Kelly Hayes stated that they are alright with limiting hours of operation, but that there will be other deliveries by other vendors at other times. Commissioner Ruiz stated that 6 a.m. to 11 a.m. is excellent for deliveries. He also stated truck deliveries should not be made when kids are going to school. Vice-Chairman Alarcon stated that he is more worried about late hour deliveries and is concerned about noise made by truck deliveries. Commissioner Ruiz questioned Kelly Hayes if the vehicles use natural gas. Kelly Hayes stated that the trucks run on regular fuel. Commissioner Eng questioned how long construction will take. John Ly stated the construction will take about six months. Commissioner Hunter stated that she is concerned with the possibility of the store operating 24 hours a day, and would like to restrict it to only to operate until midnight. Kelly Hayes stated that she is concerned about the light standard condition'ofapproval and would like to propose a light measurement standard that would be a little more acceptable and defined. Principal Planner Bermejo stated that the condition could light exceed 0.2 foot candle measured at the property linE Kelly Hayes stated that the revision would be to state;that at no time shall Chairwomen Herrera opened the hearing for public Steven Ly stated that he would like to E quality markets in Rosemead. He also due to the area it is in. He also made E of this pr Oavor of r~other: m hol sale looked t;He stated residents would like in , ess:,operation until midnight is in4ie San Gabriel Valley duld be monitored and that if prevent the sale of alcohol to that are open until midnight. He also agreed thi there are bugs in the systemitdefinitely needs minors. He also mentioned that thb.Mavor is al Brian Lewin stated he had c' of the trash enclosures. He relating to the design and location of approval related to this issue. PrincipalPlanner Bermeto stated that staff„has added specific conditions of approvals, numbers 22, 23, and 24,`,to address NPDES, regulations and storm water issues. She also stated that the applicant will,be required to submit plans of the proposed new trash encloses to Planning staff for review and aoo~oval. Mr. Lewin stated that fi'e;trellis covering over the bank's trash enclosure will not be adequate to prevent water from enfenng the trash enclosure. He would like something installed underneath the wood beams of the trellis, specifically a non-porous roof covering to prevent water from entering the enclosure. Principal Planner Bermejo stated that the trash bins have lids. However, staff can work with the applicant to design an enclosure with a non-porous roof covering within the trellis design if the Planning Commission so chooses. favor of this project. Mr. Lewin stated that trash will still end up on the floor adjacent to the trash enclosure. He is suggesting modifying condition number 35 to require the trash enclosure to be regularly maintained. Principal Planner Bermejo stated that this is a standard condition of approval requiring the property to be regularly maintained. Mr. Lewin would like a condition related to storm drains to be added. Principal Planner Bermejo stated that she would like to consult with engineering staff, before those standard conditions of approval are revised. Brian Lewin stated that he was more concerned with maintenance of the site and not the design or construction process. He also stated that he agrees that the deliveries:_to`ffie.store should be limited to 9 p.m. He also would like to recommend prohibiting deliveries accessing the site from westbound Steele Street and prohibiting exiting eastbound on Steel SY.eet. He also stated his concerns related to increased traffic due to this project and that Fresh and:Easy should assist with the mitigation plan to address traffic impacts on Steel Street Jim Flournoy stated that he was glad to see a Fresh &,Easy the back up noise at night from delivery trucks maybe noisy think we should constrain the project any more than the min, has concerns over light issues adjacent to,the residential pr( down-shields installed. He also stated that the:: Geological Si referred to the past reports. Mr. Flournoy suggested; staff to Andres fault. He also stated that he was glad'that the bulk:c located inside the building and not on the roof. `,He stated th Vice-Chairman Alarcomsti market for a long time `He stated that he would like tt stated that we should be c wanted to;;llmit the'hours;c because:,tfie site is adjace Principal Planner Bermejo Commissioner that she feels c come,into the city. He also;stated that for residents. However; he doesn't mall'across the street.' He also perties and suggested that they have, Jdy was,an important report and he review the;!:new reports on the San (.the mecfianical equipment was d`he.is supportive of the project. ;t is great'for this city and that we have been waiting for a Fresh & Easy, for taking a chance with our City. He also .s,of deliveries to the store to not past 10:00 pm. He also e time;limitations with all projects. He stated that he also 10:30 p`m. and the hours of delivery to not past 10:00 p.m. a.] properties just like Wal-Mart. discussing this issue with the applicant. that 10: 00 p.m. is too early along Valley Boulevard. She stated midnight would be better for this area. Commissioner Eng stated that she agrees with Commissioner Alarcon that there will be impacts to -the residential neighborhood. She also stated that if we approve the hours of operation until midnight, then we had better be prepared for other markets in the City requesting to extend their hours of operation as well. She stated that she would like the hours of operation to be limited to 10:30 p.m Kelly Hayes stated that the hours of operation are all always evolving and requested if it would be possible for later hours in the future. Principal Planner Bermejo stated that a survey was performed today regarding the hours of operation of other major markets in the region. She stated that staff feels that this project is different from Wal-Mart, as Fresh & Easy only sells food products. She stated that staff recommends the proposed hours of operation, and indicated that the applicant may be willing to limit delivery times to 10:00 p.m. She also stated that staff worked with the applicant on the design of the building, and feels that this is an excellent project that will set a trend in the City. Commissioner Eng stated that she agrees that this project is different from Wal-Mart. However, she stated her concerns that we are setting a precedence in the city by allowing the market to be open until twelve midnight. We need to be prepared for other businesses wanting to be open until midnight as well. We need to be consistent. Commissioner Alarcon stated that we also have to be concerned neighborhood. Inez Cru, a resident who lives on Steele Street, stated thatshe, midnight. She stated that currently residents have to leave the also stated that delivery trucks do concern her. Principal Planner Bermejo stated that a condition of Steele Street could be added. Chairwoman Herrera closed the public ihj npact of the residential favor of"store being open until to shop after 10:00 p.m. She tent trucks traveline east on Don Davis stated for the record that condition number"49'1564irnended limiting the hours of delivery from 6:00 a.m. to 10:00 p m-'and that condition number 30 be'°amended to provide a threshold for measuring lighting spillover, and that;condition number 55 be added to require directional signage for delivery trucks exiting the premise. Commissioner Ruiz made a motion, seconded:!by Commissioner Hunter, to APPROVE Design Review 09=04:and, Conditional Use Permit 09-03 for a period of (1) year and adopt Resolution 09.15. subiect;to conditions outlined in Exhibit "B". Vote Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None B. DESIGN REVIEW 00.86 (Modification) - AKC Services, Inc., has submitted a Design Review application for installation of new 17-foot high freestanding sign at the Double Tree Hotel, located at 888 Montebello Boulevard in the C3-D (Medium Commercial with Design Overlay) zone. PC RESOLUTION 09.14 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 00.86 (MODIFICATION) FOR THE INSTALLATION OF A NEW 17-FOOT HIGH FREESTANDING SIGN AT THE DOUBLE TREE HOTEL, LOCATED AT 888 MONTEBELLO BOULEVARD IN THE C3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. (APNS: 5271.002-061, & 063). Recommendation - Staff recommends that the Planning Commission APPROVE Design Review 00-86 (Modification) for a period of one (1) year and adopt Resolution 09.14, subject to conditions outlined in Exhibit "B". Associate Planner Agaba presented the staff report. Commissioner Hunter questioned staff regarding the measurement the staff report. Associate Planner Agaba stated that there was a typo in the feet tall. Commissioner Eng questioned staff regarding the anticipate structure. Associate Planner Agaba stated that was.,approved under a completed in the year 2010. Principal Planner Bermejo stated that we canvas staff is in the final review stage of plans for the p now completing the soils r.e eyiew process. Chairwoman Herrera"nvited the applicant to the Chris Polster frc and that it,is'a'n' thick aluminum. Chainvom' n Herrera closed Commissioner Enq Design Review 00.86' subject to conditions Vote resulted in: and the plans and in new sign will be 17- date for the new parking permit and should be the status of the project. However, iosstated that the applicant is hat the new sign is a little smaller than the existing sign now. He stated that the sign is made out of high quality period. tion, seconded by Vice-Chairman Alarcon, to APPROVE tion) for a period of one (1) year and adopt Resolution 09.14, in Exhibit "B". Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None 9 5. MATTERS FROM THE CHAIRWOMAN & COMMISSIONERS Commissioner Hunter stated that the Fresh & Easy project condition of approval number 34 states that graffiti needs to be removed within 24 hours, and that the letter from Fresh & Easy, Exhibit "F" states that graffiti will be removed within 120 hours. She questioned staff which was correct. Principal Planner Bermejo stated that now that Fresh and Easy Market has been approved, the condition of approval number 34 will require graffiti to be removed within the 24 hours. Chairwoman Herrera questioned staff if there was a Fresh & Easy in the Principal Planner Bermejo stated that the closest Fresh and Easy is, Orc Boulevard just east of Santa Anita. Commissioner Eng stated that she would like to thank staff; especially the Division and Public Safety Division for an outstanding job on the Fourth of festivities. Commissioner Ruiz stated that he is very pleased that City of Rosemead and thanked staff for the nice prese Commissioner Eng stated that she also 6. MATTERS FROM THE PRINCIPAL A. Process for Approving Principal Planner Berml! staff new Planning Commissioners PProvm9 the minutes required a meeting tapes, in order to have cassette`fapes of the meeting'h Vice-Chairman Alarcon stated`f 7. ADJOURNMENT thanked of May 18, 2009. of Monrovia. ia, on Foothill rks.and Recreation ly Parade and .r.W was coming into the ihe.mmutes of,. May 18, 2009 still need to be approved by the ateclthat *cording to the City Attorney, the process for minimum of three Planning Commissioners listen to the urnJor the approval of the minutes. She stated that three arty5::, eh'made for the Commission's use. he would like abstain from being appointed. The next regular meeting is scheduled for Monday, July 20, 2009, at 7:00 p.m. Meeting was adjourned at 8:35 p.m. Diana Herrera, Chairwoman 10 ATTEST: Rachel Lockwood, Commission Secretary 11