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CDC - Minutes 09-07-04NOT OFFICIAL UNTIL APPROVED BY THE ROSEMEAD COMMUNITY DEVELOPMENT CORPORATION NOT OFFICIAL UNTA ADOPTED BY THE ROSEMEAD MINUTES OF THE ADJOURNED REGULAR MEETING CITY COUNCIL OF THE ROSEMEAD CITY COUNCIL AND THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION SEPTEMBER 7, 2004 Younger Reporting Services transcript of the proceedings is on file in the office of the City Clerk and is incorporated herein by this reference as modified by the list of - corrections attached. The adjourned regular meeting of the Rosemead City Council was called to order by Mayor Clark at 7:00 p.m. in the Auditorium of Rosemead High School at 9063 E. Mission Drive, Rosemead, California. The Pledge to the Flag was led by Mayor Clark The Invocation was delivered by Councilman Taylor ROLL CALL OF OFFICERS: Present: Councilmembers Alarc6n, Vasquez, Taylor, Mayor Pro Tern . Imperial, and Mayor Clark Absent: None At this time Mayor Clark called the Adjourned Regular Meeting of the Rosemead Community Development Commission to order. Deputy City Attorney Peter Wallin noted for the record that all the Commissioners were present. L EXPLANATION OF THE PUBLIC HEARING PROCEDURES Deputy City Attorney Wallin explained the purpose of the meeting was for consideration of the Environmental Impact Report and various land use approvals for a retail center anchored by a Wal-Mart Supercenter at Walnut Grove and Rush. Mr. Wallin then explained the public hearing process and the order of business. Mr. Wallin stated that letters received since the agenda packets were delivered will be included as part of the public record of this meeting. II. PUBLIC HEARING A. GENERAL PLAN AMENDMENT GPA-03-02 TENTATIVE PARCEL MAP 26827 CONDITIONAL USE PERA1IT 02-882 - "MINI-MALL' CONDITIONAL USE PERMIT 02-883 - "SERVICE STATION" CCAMCDCAMREGMTG:9.7-04 Page # I CONDITIONAL USE PERMIT 03-939 - "SALE OF ALCOHOLIC BEVERAGES DEVELOPMENT AGREEMENT 04-01 ENVIRONMENTAL IMPACT REPORT FOR ROSEMEA COMMERCIAL RETAIL CENTER CEQA FINDINGS, MITIGATION MEASURES, STATEMENT OF .OVERRIDING CONSIDERATIONS, ADOPTION OF MITIGATION MONITORING PROGRAM IS27 WALNUT GROVE AVENUE (ROSEMEAD COMMERCIAL RETAIL CENTER) This hearing pertains to the proposed Wal-Mart shopping center ("Project") at the southwest corner of Rush Street and Walnut Grove Avenue. The requested Project requires that the City Council consider several land use actions: 1) a General Plan Amendment changing the land use designation from Office/Light Industrial to Commercial with corresponding text changes to the Land Use Element; 2) a Development Agreement requested by the applicant providing a ten-year time frame for completion of the Project; 3) Conditional Use Permits for a multi-tenant retail building defined under the Municipal Code as a "mini-mall", a service station, and packaged liquor sales for off-site consumption; and 4) a Tentative Parcel Map creating individual parcels for the Wal-Mart store and peripheral development. Prior to approving any of these items, the City Council must first certify the environmental impact report ("EIR") analyzing the impacts of the Proposed Project. The City Council must also make the requisite findings under the California Environmental Quality Act ("CEQA") relating to impacts in the way of making findings, approving mitigation measures, adopting a statement of overriding considerations, and adopting a mitigation monitoring program. Presentations were made by the following: Brad Johnson, Planning Director, presented the staff report. Director Johnson stated that the applications have been submitted and are before the Council for action tonight. They include the General Plan Amendment, the Tentative Parcel Map, three C.U.P's, Development Agreement, and certification of the Environmental Impact Report. Director Johnson stated that at the August 16`s Planning Commission meeting, the Commission unanimously approved the C.U.P.'s and the parcel map and unanimously recommended that the Council approve the Development Agreement and General Plan Amendment (Mayor Pro Tern Imperial appealed the C.U.P.'s to the Council for review so that the entire project could be reviewed as far as conditions of approval and all of the design issues related to the project).. Director Johnson then presented an overview of the history of the site. Ross Geller, Principal at Applied Planning, Inc., stated that his firm was hired by the City to prepare the Environmental Impact Report (E.I.R.) for this project. Mr. Geller described the purpose of the Environmental Impact Report and the role that the California Environmental Quality Act (CEQA) and other responsible agencies have in determining CCADJ/CDC.ADJREGMTG:9-7-04 Page #2 the impact thresholds. The E.I.R. is intended to be an informational document that identifies the potentially significant impacts to the environment of the project and indicates how these impacts can be mitigated or avoided. It identified significant unavoidable impacts that cannot be mitigated, and identified reasonable alternatives to the project. Mr. Geller continued that the E.I.R. addressed the issues of land use, earth resources, traffic and circulation, air quality, noise, public services, and aesthetic light and glare. The E.I.R. identified three significant and unavoidable impacts. Those impacts are in the area of traffic and circulation; short-term and long-term impacts of air quality, and construction related noises. Steve Copenhaver, GRC Consultant, discussed the site description, the proposed project, the project design alternative recommended by the Planning Commission and staff, required City actions to approve the project, frequently discussed issues, and the fiscal impact. Mark Ostoich, of Gresham Savage Nolan and Tilden, legal counsel representing Wal-Mart, stated that they are agreeable to building the revised design project and agreeable to the Conditions of Approval. Mr. Ostoich stated that Joe Meyer, Pacific. Retail Partners and Peter Kanelos, Community Affairs Manager representing Wal-Mart are present tonight to answer any questions. Mayor Clark called for questions from the Council. Councilman Alarcon asked how and when the City monitors the traffic analysis for large developments in the City once they are built. Ken Rukavina, City Engineer, responded that a tremendous amount of research and analysis goes into a traffic study. Those studies determine the initial design calculations and how much volume of traffic is going to be created. Mitigation measures are designed to account for and accommodate that number. And, if necessary, build and implement the appropriate traffic signals or street widening. Mr. Rukavina continued that the City usually does not return to re-analyze a site after a number of years as to whether or not the mitigation measures worked. Councilman Alarcon requested that the Traffic Engineer revisit the Wal-Mart site after it has been open for about six months to conduct another traffic analysis. Mayor Clark opened the public hearing to those who had requested time to address the Council. Mayor Clark first called upon the following local elected officials. They are: L.A. County Supervisor Gloria Molina State Senator Gloria Romero Assemblymember Judy Chu Representative for Congresswoman Hilda Solis Garvey School Board Member John Tran CCAD3/CDC.4DIREG MTG:9.7-04 Page @J Garvey School Board Member Henry Lo Rio Hondo Community College Trustee Andre Quintero Rosemead School Board Fred Mascorro Alhambra School Board Member John Nunez Please see transcript for their comments. PUBLIC COMMENTS Please see transcript for their names and comments. Mayor Clark then called upon those who wished to speak in rebuttal. Mike Lewis, representing PRIDE, and Peter Kanelos, Community Affairs Manager, Wal-Mart, made the closing remarks. Please see transcript for their comments and comments from the Councilmembers. There being no one else wishing to speak, the Mayor closed the public hearing. At this time the Community Development Commission recessed during the City Council's consideration of the Resolutions and Ordinance. Deputy City Attorney Wallin added more items received during the meeting to the public record. B. CONSIDERATION OF: 1. RESOLUTION NO. 2004-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR DEVELOPMENT AGREEMENT 04-01, GENERAL PLAN AMENDMENT 03-02, AND DENYING THE APPEAL RELATING TO CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE PARCEL MAP 26827 AND CONDITIONAL USE PERMITS 02-882 FOR A MINI-MALL, 02-883 FOR A GASOLINE STATION AND 03-939 FOR ALCOHOL SALES AT THE MAJOR TENANT FOR THE ROSEMEAD COMMERCIAL RETAIN CENTER MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN TAYLOR that the Council adopt Resolution No. 2004-36. Vote resulted: Yes: Alarcon, Vasquez, Taylor, Imperial, Clark No: None Absent: None CCADJ/CDCADJREGMTG:9-7-04 Page a4 Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor requested that Resolution No. 2004-38 be voted on separately because he intends to vote No on the gas station portion. RESOLUTION NO. 2004-37 AND 2004-39 WERE VOTED ON SIMULTANEOUSLY. 2. RESOLUTION NO. 2004-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD APPROVING GENERAL PLAN AMENDMENT 03-02, CHANGING THE LAND USE DESIGNATION OF A 22.35 ACRE PARCEL LOCATED AT 1827 WALNUT GROVE AVENUE FROM OFFICE/LIGHT INDUSTRIAL TO COMMERCIAL AND MAKING CORRESPONDING CHANGES IN THE TEXT OF THE LAND USE ELEMENT RESOLUTION NO. 2004-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD ADOPTING AND APPROVING FINDINGS, MITIGATION MEASURES, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING PROGRAM FOR GENERAL PLAN AMENDMENT 03-02 AND DEVELOPMENT AGREEMENT 04-01 AND DENYING THE APPEAL RELATING TO THE FINDINGS, MITIGATION MEASURES, STATEMENT OF OVERRIDING CONSIDERATION AND MITIGATION MONITORING PROGRAM AS IT RELATES TO TENTATIVE PARCEL MAP 26827 CONDITIONAL USE PERMITS 02-882 FOR A MINI-MALL ON PARCEL 2 AND 03-939 FOR ALCOHOL SALES AT THE MAJOR TENANT ON PARCEL 1 MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Resolutions No. 2004-37 and 2004-39. Councilman Alarcon requested an amendment to the Motion that an additional condition (No. 60) be added that no guns, handguns, rifles, or other types of firearms or ammunition be sold from any business on the project site. Mayor Pro Tern Imperial and Councilman Vasquez accepted the amendment. Vote resulted: Yes: Alarcon, Vasquez, Taylor, Imperial, Clark No: None Absent: None Abstain: None The Mayor said motion duly carried and so ordered. CCADI/CDCADIREGMTG:9-7-04 Page 45 4. RESOLUTION NO. 2004-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION RELATING TO THE FOLLOWING ACTIONS ON THE ROSEMEAD COMMERCIAL RETAIL CENTER: APPROVING TENTATIVE PARCEL MAP 26827 FOR A FOUR LOT DIVISION, APPROVING CONDITIONAL USE PERMITS 02- 882 FOR A MINI-MALL ON PARCEL 2 AND 03-939 FOR ALCOHOL SALES AT THE MAJOR TENANT ON PARCEL 1, AND DENYING CONDITIONAL USE PERMIT 02-883 FOR A GASOLINE STATION MOTION BY MAYOR PRO TEM IMPERIAL, SECOND BY COUNCILMAN ALARCON that the Council adopt Resolution No. 2004-38. Councilman Alarcon requested that Condition No. 60 be added to the Planning Conditions which stipulates that no guns, handguns, rifles, or other types of firearms or ammunition shall be sold from any business on the Project Site. Mayor Pro Tern and Councilman, Alarcon accepted the amendment. Vote resulted- Yes. Alarcon, Vasquez, Imperial, Clark No: Taylor Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. Councilman Taylor stated for the record that he is voting No only on the gas station portion of the Resolution,.and that he does not disagree with the other items. 5. ORDINANCE NO. 836 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT WITH WAL- MART REAL ESTATE BUSINESS TRUST FOR DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF WALNUT GROVE AVENUE AND RUSH STREET (DEVELOPMENT AGREEMENT 04-01) - INTRODUCE MOTION BY COUNCILMAN TAYLOR, SECOND BY MAYOR PRO TEM IMPERIAL that the Council waive further reading and introduce Ordinance No. 836. Councilman Alarcon requested that Condition No. 60 be added to the Planning Conditions which stipulates that no guns, handguns, rifles, or other types of firearms or ammunition shall be sold from any business on the Project Site. Councilman Taylor and Mayor Pro Tern Imperial accepted the amendment. Vote resulted: CCADJ/CDCADJREGMTG:9-7-04 Page n6 Yes: Alarcon, Vasquez, Taylor, Imperial, Clark No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. At this time, the Mayor adjourned the City Council meeting and reconvened the Community Development Commission meeting. A. RESOLUTION NO. 2004-16 - A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ACCEPTING THE CITY OF ROSEMEAD'S CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT BY ADOPTION OF RESOLUTION NO. 2004-36, JOINING IN THE CITY OF ROSEMEAD'S ADOPTION OF A STATEMENT OF OVERRIDING CONSIDERATIONS IN RESOLUTION NO. 2004-39; AND APPROVING DEVELOPMENT PLANS FOR A DEVELOPMENT WITHIN PROJECT AREA NO. I (1827 WALNUT GROVE AVENUE) MOTION BY COMMISSIONER TAYLOR, SECOND BY VICE-CHAIRMAN IMPERIAL that the Commission adopt Resolution No. 2004-16. Vote resulted: Yes: Vasquez, Alarcon, Taylor, Imperial, Clark No: None Absent: None Abstain: None The Chairman declared said motion duly carried and so ordered. III. MATTERS FROM OFFICIALS - None IV. ADJOURNMENT There being no being no further action to be taken at this time, the meeting was adjourned at 3:30 a.m. on September 8a', in memory of Councilman Taylor's brother Tim. The next regular meeting will be held on September 14, 2004, at 8:00 p.m. Respectfully submitted: City Clerk Mayor Chairman CCADJ/CDCADJR EG MTG:9-7-04 Page P7 COUNCILMAN TAYLOR'S ERRATAS TO THE SEPTEMBER 7, 2004 CITY COUNCIL MEETING TABLE OF CONTENTS LINE NO.: 23 Change word Bevins" to: "Bevington" PAGE NO. LINE NO. CHANGES 10 22 Change word "gathered to: "gaveled" 83 11 Change word "pigeons" to: "pittance" 89 22 Change word "Alejandro' to: "Alhambra" 117 22 Change "our one" to: "R1" 171 21 Change "Councilman Vasquez" to: "Mr. Wallin" 188 10 Change "Councilman Vasquez" to: "Mr. Wallin" 222 10 Change "Councilman Imperial" to: "Mr. Wallin" 284 21 Change word "million" to: "billion" 285 21 Change word "million" to: "billion" 286 5 Change word "billion" to: "million" 292 19 Change "Alarc6n" to: "Vasquez" 295 1 Insert word "million" after' $5.8" 311 6 Change "unidentified speaker" to: "Councilman Tam" 319 22 Change "Imperial" to: "Taylor" INDEX LINE NO. CHANGES Row 3 24 Change word "Bevins"to: "Bevington"