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PC Item No. 3B - Minutes of May 18, 2009Minutes of the PLANNING COMMISION MEETING May 18, 2009 The regular meeting of the Rosemead Planning Commission was called to order by Chairman Lopez at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Chairman Lopez INVOCATION - Commissioner Gay ROLL CALL OF OFFICERS PRESENT - Commissioners Gay, Vuu, Vice- Chairman Kunioka, Chairman Lopez OFFICIALS PRESENT: City Attorney Murphy, Principal Planner Bermejo, and Commission Secretary Lockwood 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS 2. PUBLIC COMMENTS FROM THE AUDIENCE Jim Flournoy stated that he has not received the geotechnical report for the Comfort Suites Hotel yet. He also stated that most of the mixed -use projects in Rosemead are on hold, and confirmed with staff that there are only two active mixed -use projects in building plan check at this time. Chairman Lopez questioned if Jim Flournoy knew where the earthquake was centered that took place on Sunday, May 17, 2009. Jim Flournoy stated that it was located east of L. A. Airport along the Newport / Inglewood fault line. Joe Basile stated that a resident from 9149 Guess Street placed a surveillance camera on the light pole of the northeast comer of 9149 Guess and 3902 Hart Ave on Wednesday, May 13, 2009. He also stated that he had called City Hall. Mr. Basile questioned staff if it was legal for someone to do this without permission from the City. He also gave Principal Planner Bermejo a copy of the business card of the company that placed the camera. Principal Planner Bermejo stated that anything installed within the public right -of -away would require approval from the Public Works / Engineering Division. She also stated that she would follow -up with the Engineering Division regarding the matter. She also questioned Mr. Basile if the camera was still there. Joe Basile replied no the camera has been removed. 3. CONSENT CALENDAR A. Approval of Minutes - April 20, 2009 Vice - Chairman Kunioka stated that he would like clarification on a statement on page 5, paragraph 6. Principal Planner Bermejo stated that the word, "retail" should be added to the sentence. Vice - Chairman Kunioka made a motion, seconded by Commissioner Gay, to approve the minutes of April 20, 2009 with correction. Vote resulted in: Yes: Gay, Kunioka, Lopez, and Vuu No: None Abstain: None Absent: Cam 4. PUBLIC HEARINGS None 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Chairman Lopez questioned staff, if the small island adjacent to the 10 freeway on -ramp, on Rosemead Boulevard belonged to the City of El Monte or Rosemead. He also stated that if it does belong to Rosemead, the grass is too high and would like staff to look into it and suggested that it gets cut down. Principal Planner Bermejo stated that she will verify if it is Rosemead's and stated it could be Caltrans. Vice - Chairman Kunioka stated that he received a mailer from MTA. He also stated that MTA is hosting a Focus Group to be held on Thursday, June 4, 2009, from 6:00 -8:00 p.m., at the Senior Community Center, located at 1556 South Central Ave., South El Monte, 91773. He also stated he would not be able to attend and mentioned that he thought it was important that someone of Planning Commission attend this meeting. 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF A. Status Update of Wal -Mart Annual Review of Conditions of Approval Principal Planner Bermejo read her staff report and stated that she and Ms. Jennifer Guenther, Attorney for Wal -Mart, are available to answer any questions. Vice - Chairman Kunioka stated that he is pleased with staff report. He also stated the sound issue is still a questionable. Principal Planner Bermejo replied that she received the report on Noise Level Field Measurement from Edison late on Wednesday, just before the meeting agenda was due. Therefore, there was not much time to resolve noise issues presented in the recent analysis. She also stated that Wal -Mart has agreed to screen around mechanical equipment. Vice - Chairman Kunioka questioned if screening would be used on the roof. Principal Planner Bermejo stated that anything that is emitting noise will be screened. Vice - Chairman Kunioka stated that he would like clarification on the table on the bottom of page 2 of the Edison Report, Exhibit B. He also questioned staff if normal operation occurs when the circuit breaker is closed. Principal Planner Bermejo stated that yes that is correct. Vice - Chairman Kunioka questioned staff on the steps of the conditions of testing. Principal Planner Bermejo stated that they turned, the circuit breakers off, and then only the transformer was activated. Vice - Chairman Kunioka stated that it was not clear as to what height the measurements were taken at, and questioned staff if that information was available. Principal Planner Bermejo replied no, the testing was done adjacent to transformer and across the street, and she assumes that no one climbed up a ladder; they were just standing at street level. Vice - Chairman Kunioka made reference to Mitigation Measure 4.5.1 and stated that it referred to the 14 -foot perimeter wall. He also stated that the wall had not been done, should not be done, and that because it is a current condition of approval, it should be amended. He questioned staff if it was an issue. City Attorney Murphy stated that he could assist with that question. The purpose of the measure was to create a physical barrier during construction activities and residential uses. He stated that although he did not have the entire EIR in front of him, the measure was part of the mitigation plan. He further stated that the measure specifically addresses construction issues, and the 14 -foot perimeter wall would have been taken down after construction was finished. He mentioned that the City adopted the mitigation plan as part of their conditions of approval, and that it really wouldn't be effective to go back and change the mitigation monitoring plan. Vice - Chairman Kunioka stated that he is still not happy about the light situation. He also stated that for future projects he would like fully shielded fixtures to reduce light and glare for neighbors. Commissioner Gay stated that he had a question on the sound issue. He asked if the volume on the second story was the real issue, and that he is concerned that the sound test was not measured at that height. Principal Planner Bermejo stated that Marissa Castro Salvati from Edison could not make the meeting tonight and that those questions should be directed to Edison. She also stated that the purpose of the current analysis was to test potential noise from the transformer. Commissioner Gay stated that the complaints from residents were due to noise audible at second story levels. Principal Planner Bermejo stated that she looked at several of the past noise level studies that have been completed, and the conclusion is that the rooftop was emitting noise. She also stated that she believes the proposed screening will resolve the issue. Vice - Chairman Kunioka stated that the noise level was not just the transformer only, but total noise and referenced to the table of Edison report. He also stated that seismology tests are not clear to him and that he would like to see a report on where faults actually are. Principal Planner Bermejo stated that during this last review staff consulted with the original geotechnical engineer who reviewed the reports for Wal -Mart. She stated that the engineer maintains that the reports are acceptable. Vice - Chairman Kunioka questioned staff as to who wrote the seismology report, and stated that he does not understand how someone can come in and say the report is sufficient. Principal Planner Bermejo stated that there are several reports and she went through the reports and found that there are letters stating that seismology reports are correct. Marlene Shinen stated that for several years she has stood against the construction of a Wal -Mart Superstore being built in her residential neighborhood. She also stated that she attended the March 16, 2009 Planning Commission Meeting and on the Agenda was a Wal -Mart Annual Review of Conditions of Approval. Ms. Shinen stated that reading that staff report was alarming to her because Condition of Approval number 54, which pertains to the stores hours of operation, was incorrectly printed. She stated that the condition read that "at such time as the grocery store component is opened, the major tenant may operate on a 24 hour basis." She also stated that all five Planning Commissioner's satisfied it as an error at previous Planning Commission meetings. Ms. Shinen stated that Principal Planner Bermejo assured her at the March 16, 2009 Planning Commission meeting that Wal -Mart could not operate 24 -hours due to a covenant on the property. Ms. Shinen stated that Chairman Lopez stated that the Planning Commission has already decided once that Wal -Mart would not be able to operate 24- hours, and that the Commission does not plan on changing their minds. She also stated that Jennifer Guenther, attorney for Wal -Mart, had stated that Wal -Mart headquarters has no intention of applying for 24 hour operation. Ms. Shinen also stated that at the candidate's forum every candidate and elected official that ran in our February 17, 2009 election stated that they opposed Wal -Mart operating 24 hours. She also stated that it seemed to be established after all these comments that Wal -Mart would not operate 24 hours. Ms. Shinen stated that Commissioner Gay had mentioned on a 13 separate occasion that Wal -Mart would go to 24 hour operation, and asked him to explain his previous comment. Commissioner Gay stated that he felt that 24 hour operation was the goal of the supercenter. Chairman Lopez stated that it will take all five Planning Commissioners for that to happen. Jim Flournoy stated that he would like to thank Wal -Mart for putting the screening on the roof as it is a good start for noise issues. He also stated that he feels the electrical equipment needs to be in a separate room inside a locked building. Mr. Flournoy also made reference to three earthquake studies. Brian Lewin stated that he would like to make a suggestion for signage for truck deliveries on Rush Street. He stated that we should consider putting signage on the approach and not just on driveways. Jennifer Guenther, attorney for Wal -Mart, stated that landscaping, business licenses, and certificates of occupancy have been addressed and are up to date and current. She also stated that they are working with the Wal -Mart manager regarding truck deliveries and that it is not the Wal -Mart truck drivers violating the condition, but the independent truck drivers. The store manager is working with them to make sure the independent truck drivers are being educated as to which driveways they can use. Ms. Guenther stated that they are still working with the City on the noise issues and explained why the noise level testing was for the transformer only. She also stated that they will have the noise issue resolved correctly. Vice - Chairman Kunioka stated that he is still concerned that the EIR indicated that noise would not be a significant and asked Attorney Murphy for his legal advice. City Attorney Murphy stated if it could not be resolved we would take it as it comes. Ms. Guenther stated that they will comply with the plan. Vice - Chairman Kunioka questioned if the new landscaping was going to be the same plan materials or if there will be a different planting plan. Ms. Guenther stated that her understanding was there was incorrect pruning which caused the trees to have problems. She also stated that they will comply with the current landscaping plan. Principal Planner Bermejo stated that staff will continue to work with Wal -Mart on unresolved issues. 7. ADJOURNMENT Commissioner Gay made a motion, seconded by Commissioner Vuu, to adjourn. Meeting was adjourned at 7:59 p.m. Next meeting is scheduled for Monday, June 1, 2009 at 7:00 p.m. ATTEST: Rachel Lockwood Commission Secretary Diana Herrera Chairwoman