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PC - Minutes 07-06-09Minutes 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, Hunter, Ruiz, Vice- Chairman Alarcon, Chairwoman Herrera OFFICIALS PRESENT: City Attorney Don Davis, Principal Planner Bermejo, Associate Planner Agaba, Assistant Planner Trinh, Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Don Davis, City Attorney presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE James Flournoy stated that he received a letter regarding Municipal Code Amendment 09-01 which will be addressed at City Council Meeting on June 14, 2009, and questioned staff why it had not been presented at the Planning Commission Meeting first. Principal Planner Bermejo stated that Municipal Code Amendment 09-01 was a public hearing item at the June 15, 2009, Planning Commission meeting. 3. CONSENT CALENDAR A. Approval of Minutes - June 15, 2009 Commissioner Eng stated that she had corrections. She wanted to clarify that two restaurants currently reside in the shopping center; however that only one is selling alcohol. She stated that 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 THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 09.04, FOR THE CONSTRUCTION OF A NEW 13,969 SQUARE-FOOT FRESH AND EASY NEIGHBORHOOD MARKET, AND APPROVING CONDITION USE PERMIT 09.03, FOR A NEW OFF-SALE BEER AND WINE (TYPE 20) ABC LICENSE, LOCATED AT 9000 E. VALLEY BOULEVARD IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE (APN: 8954.001-031). Recommendation - Staff recommends that the Planning Commission APPROVE Design Review 09.04 and Conditional Use Permit 09.03 for a period of (1) year and adopt Resolution 09.15, subject to conditions outlined in Exhibit "B". Planner Trinh gave the staff report. Vice-Chairman Alarcon stated he had some concerns with the hours of operation. He also stated that he feels that midnight is too late and recommends that operation be limited to 10:00 p.m. Commissioner Eng questioned staff about the location of the proposed mechanical equipment, such as the air conditioners. Principal Planner Bermejo 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 Traffic Consultant, is present to answer questions. She also explained the level of service thresholds and provided a definition of impact. Joanne Itagaki stated that the applicant's traffic engineer used a trip distribution pattern that indicated 15 to 20 percent from the north and east, and about 10 percent from the west and south 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 what was the impact of the traffic through neighborhood. Joanne Itagaki stated that the trip distribution pattern only determines the peak hours of travel. Exhibit E, Figure 7, page 15 of the traffic report shows that the peak hours are 14 coming from the east on Steele and 11 coming on Steele in the evening. She also stated that the peak hours determine when the majority of trips coming onto the site. Commissioner Ruiz questioned staff regarding which street will be used for truck deliveries. He also questioned whether trucks will be driving through residential areas and if there is enough turning radius for backing up into loading dock. Joanne Itagaki stated that there is adequate room for delivery trucks, and that trucks travel eastbound to enter the driveway on Steele Street. Commissioner Hunter stated that her concern was that delivery trucks would not only use Steele Street, but other residential 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 vehicles. Principal Planner Bermejo recommended that the applicant address this question. Commissioner Eng questioned staff if the block wall on the east side will be brought up to code of six feet high. Principal Planner Bermejo stated that the existing wall height is six feet. Commissioner Eng stated that a portion of the wall in the middle is 3 feet tall. Principal Planner Bermejo clarified that walls located within ten feet of any public right-of-way shall not exceed a height of three feet in the Central Business zone, but all other portion of the walls will be six feet tall. Commissioner Eng questioned staff on height of block wall where trash enclosure is proposed Principal Planner confirmed that the wall near the trash enclosure will be six feet tall. Vice-Chairman Alarcon questioned staff whether the light standard located on the east wall will have a shield installed to prevent light from impacting the residential properties. Principal Planner Bermejo stated that a light standard has been installed along the southeast property line, and indicated that a condition of approval has been added requiring the applicant to install a shield so that light 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 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 truck delivery times may vary. Commissioner Eng asked Kelly Hayes when the store anticipates opening. Kelly Hayes stated that they anticipate the store opening in 2010 or 2011. Commissioner Eng questioned Kelly Hayes why they are requesting to be open until midnight at this location. Kelly Hayes stated that they do not want to be limited on the hours of operation. They would like to be able to best fit the neighborhood needs regarding operations. Commissioner Eng questioned Kelly Hayes about the self-check-out process for selling alcohol, and asked about the process to prevent minors from purchasing alcohol. Kelly Hayes stated that there are monitors that watch the self-serve check-out stands at all times. When alcohol is purchased, the register requires that an ID card be swiped before the purchase can proceed. Commissioner Eng indicated that she was concerned with the process and stated that she tested it out at an Alhambra location and felt it did not work. She further indicated that the process needs to be looked into. Vice-Chairman Alarcon questioned 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 of approval 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 be revised to state that at no time shall light exceed 0.2 foot candle measured at the property line. Kelly Hayes stated that the revision would be acceptable Chairwomen Herrera opened the hearing for public speakers. Steven Ly stated that he would like to speak in favor of this project. He stated residents would like quality markets in Rosemead. He also stated he is in favor of business operation until midnight due to the area it is in. He also made comparisons to other markets in the San Gabriel Valley that are open until midnight. He also agreed that alcohol sales should be monitored and that if there are bugs in the system, it definitely needs to be looked at to prevent the sale of alcohol to minors. He also mentioned that the Mayor is also in favor of this project. Brian Lewin stated he had concerns about storm water issues, relating to the design and location of the trash enclosures. He wanted to go over the conditions of approval related to this issue. Principal Planner Bermejo 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 approval. Mr. Lewin stated that the trellis covering over the bank's trash enclosure will not be adequate to prevent water from entering 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. 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 the 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 Steele Street. 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 come into the city. He also stated that the back up noise at night from delivery trucks may be noisy for residents. However, he doesn't think we should constrain the project any more than the mini mall across the street. He also has concerns over light issues adjacent to the residential properties and suggested that they have down-shields installed. He also stated that the Geological Study was an important report and he referred to the past reports. Mr. Flournoy suggested staff to review the new reports on the San Andres fault. He also stated that he was glad that the bulk of the mechanical equipment was located inside the building and not on the roof. He stated that he is supportive of the project. Vice-Chairman Alarcon stated this project is great for this city and that we have been waiting for a market for a long time. He also thanked Fresh & Easy for taking a chance with our City. He also stated that he would like to limit the hours of deliveries to the store to not past 10:00 pm. He also stated that we should be consistent in the time limitations with all projects. He stated that he also wanted to limit the hours of operation to 10:30 p.m. and the hours of delivery to not past 10:00 p.m. because the site is adjacent to residential properties just like Wal-Mart. Principal Planner Bermejo recommended discussing this issue with the applicant. Commissioner Hunter disagrees that 10: 00 p.m. is too early along Valley Boulevard. She stated that she feels operating hours to 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 with impact of the residential neighborhood. Inez Cruz, a resident who lives on Steele Street, stated that she is in favor of store being open until midnight. She stated that currently residents have to leave the City to shop after 10:00 p.m. She also stated that delivery trucks do concern her. Principal Planner Bermejo stated that a condition of approval to prevent trucks traveling east on Steele Street could be added. Chairwoman Herrera closed the public speaking. Don Davis stated for the record that condition number 49 be amended 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, subject to conditions outlined in Exhibit "B". Vote resulted in: 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 specified on the plans and in the staff report. Associate Planner Agaba stated that there was a typo in the plans and that the new sign will be 17- feet tall. Commissioner Eng questioned staff regarding the anticipated completion date for the new parking structure. Associate Planner Agaba stated that was approved under a separate permit and should be completed in the year 2010. Principal Planner Bermejo stated that we can ask applicant on the status of the project. However, staff is in the final review stage of plans for the project. She also stated that the applicant is now completing the soils report review process. Chairwoman Herrera invited the applicant to the podium. Chris Polster from AKC Services stated that the new sign is a little smaller than the existing sign and that it is an upgrade to what is there now. He stated that the sign is made out of high quality thick aluminum. Chairwoman Herrera closed the public speaking period. Commissioner Eng made a motion, seconded by Vice-Chairman Alarcon, to 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". Vote resulted in: 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 City of Monrovia. Principal Planner Bermejo stated that the closest Fresh and Easy is in Arcadia, on Foothill Boulevard just east of Santa Anita. Commissioner Eng stated that she would like to thank staff, especially the Parks and Recreation Division and Public Safety Division for an outstanding job on the Fourth of July Parade and festivities. Commissioner Ruiz stated that he is very pleased that Fresh & Easy Market was coming into the City of Rosemead and thanked staff for the nice presentation. Commissioner Eng stated that she also agreed and also thanked staff. 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF A. Process for Approving Minutes of May 18, 2009. Principal Planner Bermejo stated that the minutes of May 18, 2009 still need to be approved by the new Planning Commissioners. She stated that, according to the City Attorney, the process for approving the minutes required that a minimum of three Planning Commissioners listen to the meeting tapes, in order to have a quorum, for the approval of the minutes. She stated that three cassette tapes of the meeting have been made for the Commission's use. Vice-Chairman Alarcon stated that he would like abstain from being appointed. 7. ADJOURNMENT The next regular meeting is scheduled for Monday, July 20, 2009, at 7:00 p.m. Meeting was adjourned at 8:35 p.m. Tana Herrera, Chairwoman 10 1• ATTEST ~~Q Rachel Lockwood, Commission Secretary 11