PC - Item - Minutes 10-04-10Minutes of the
PLANNING COMMISSION MEETING
October 4, 2010
The regular meeting of the Planning Commission was called to order by Chairman Alarcon at 7:00
p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California.
PLEDGE OF ALLEGIANCE - Chairman Alarcon
INVOCATION - Commissioner Ruiz
ROLL CALL - Commissioners Herrera, Ruiz, Vice- Chairwoman Eng,, Chairman Alarcon
ABSENT — Commissioner Hunter
ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Principal .Planner Bermejo, Senior
Planner Garry, Planning Technician Casillas, and Commission Secretary Lockwood.
1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS
Greg Murphy, City Attorney, presented the procedures and'appeal rights of the meeting.
2. PUBLIC COMMENTS FROM THE AUDIENCE,
Brian Lewin, a resident of Rosemead and Traffic Commissioner, stated he would like to suggest
that the Planning Commission consider a change. of wording in one of the standard conditions of
approval which relates to parking striping in f66ight's Public Hearing Items B and C. He also
stated because this condition of approval is related to traffic, he would like to suggest that it be
modified to state, "such striping and any, related signage and traffic control devices shall be
maintained in a clear, visible,-, "manner:"
Principal Planner Bermejo stated-that we can address those items individually when the Public
Hearing is opened.
Greg Murptiy City Attorney, asked Mr. Lewin if this had been discussed by the Traffic Commission
as a group.
Brian Lewin replied no;, he is speaking as a Traffic Commissioner and not for the Traffic
Commission.
Greg Murphy, City Attorney, stated he had no further comment.
3. CONSENT CALENDAR
A. Approval of Minutes - August 16, 2010
Vice - Chairwoman Eng made a motion, seconded by Commissioner Herrera, to APPROVE
the Minutes of August 16, 2010 as presented.
Vote resulted in:
Yes:
No:
Abstain
Absent:
Alarcon, Eng, Herrera, Ruiz
None
None
Hunter
4. PUBLIC HEARINGS i
A. CONDITIONAL USE PERMIT 10.06 - Clearwire has submitted a Conditional Use Permit
application to construct a utility- mounted wireless telecommunications facility
consisting of five 4' -0" tall panel antennas and three new;2'4' diameter microwave
dishes mounted on three sectors at a height of 75 feet on.an existing 170 -foot tall
Southern California Edison (SCE) transmission tower. The project also includes the
installation of one new ground - mounted equipment cabinet within a new 144 square
foot equipment enclosure area directly beneath the tower, located at 8635 Grand
Avenue the 0 -S (Open Space) zone. r,;,
,,..
PC RESOLUTION 10.27 - A RESOLUTION OF`THE.'PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE' PERMIT - 10.06, FOR THE INSTALLATION OF NEW
ANTENNAS AND EQUIPMENT FOR AN NEW- WIRELESS TELECOMMUNICATIONS
FACILITY, LOCATED-AT 8635 GRAND,AVENUE IN THE.O -S (OPEN SPACE) ZONE.
Staff Recommendation - Based on the analysis and findings contained in this report,
staff recommends that the. Planning Commission APPROVE Conditional Use Permit
10.06 and ADOPT Resolution No: 10.27 with findings and subject to the twenty -five
(25) conditions.
Senior Planner Garry presented'the.staff report.
Chairman Alarcon asked if the :Panning Commissioners had any questions for staff.
None
Chairman Alarcon askediflhere was anyone here wishing to speak in favor of this project.
None
Chairman Alarcon opened the Public Hearing and asked if anyone had any questions for the
applicant.
Vice - Chairwoman Eng stated she had a question for the applicant.
Barry Weatherspoon, the applicant, stated he is available to answer any questions.
Barry Weatherspoon replied it will cover about a mile and a half
Vice - Chairwoman Eng asked if the coverage can be extended in the future, or is this site maxed
out.
Barry Weatherspoon replied that right now this site is maxed out, but technology may allow fewer
sites with greater coverage.
Vice - Chairwoman Eng asked the applicant if the coverage proposed is for cell phones only or for
wireless internet as well.
Barry Weatherspoon, replied it is also for wireless internet.
Vice - Chairwoman Eng asked if the predominant area for coverage wilkbe.for the Rosemead area
Barry Weatherspoon, replied yes it is prominently for the Rosemead area and there is a
propagation map which shows the coverage of each sector. He also `stated the coverage
is between Las Tunas Drive to the north and Valley' Boulevard: to the south, and, from Del Mar
Avenue to the west to Temple City Boulevard to the,east.
Vice - Chairwoman Eng asked if the height of the antennas provide better coverage whether
they are higher or lower.
Barry Weatherspoon, replied higher is not necessarily better, because you will have more
coverage, but then you will have more people so ultimately it will'slow down your network.
Commissioner Ruiz asked the applicant if this will be sufficient for indoor coverage.
Barry Weatherspoon, replied this will be sufficient for indoor, outdoor, and in car coverage.
Chairman Alarcon asked if there was anyone wishing to speak for or against this project.
None
Chairman Alarcon closed the Public Hearing
Commissioner Herrera made a motion, seconded by Commissioner Ruiz, to APPROVE
Conditional Use Permit lb-06 and ADOPT Resolution No. 10.27 with findings and subject to
the twenty -five (25) conditions.
Vote resulted in:
Yes: Alarcon, Eng, Herrera, Ruiz
No: None
Abstain: None
Absent: Hunter
B. DESIGN REVIEW 10 -03 - BP West Coast Products, LLC has submitted an application
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Abstain: None
Absent: Hunter
B. DESIGN REVIEW 10.03 - BP West Coast Products, LLC has submitted an application
to remodel an existing 1,116 square foot commercial building, parking area and
landscaping, and to demolish an existing fuel dispenser island canopy at a former
gasoline service station, located at 9701 East Valley Boulevard in the C- 3DIRC -MUDO
(Medium Commercial with a Design Overlay and Commercial /Residential Mixed -Use
0.30 du/ac Development Overlay) zone. The,' site is no longer used as a service
station. The site is proposed to be used as a Commercial building consistent with the
uses permitted in the C -3 zone. i
PC RESOLUTION 10.28 - A RESOLUTION OF
CITY OF ROSEMEAD, COUNTY OF LOS
APPROVING DESIGN REVIEW 10.03, FOR BL,
AN EXISTING COMMERCIAL BUILDING, LOC'
THE C- 3DIRC -MUDO (MEDIUM COMMERCI
RESIDENTIAL/COMMERCIAL MIXED -USE f)E\
THE PLANNING COMMISSION OF THE
ANGELES, STATE OF CALIFORNIA
ILDING AND SITE- IMPROVEMENTS TO
TED AT 9701 VALLEY:, BOULEVARD IN
1 WITH A DESIGN =OVERLAY AND
ELOPMENT OVERLAY) ZONE.
Staff Recommendation - Staff recommends that the Planning Commission APPROVE
Design Review 10 -03 and ADOPT: Resolution No 10.28 with findings and subject to
thirty (30) conditions. j
Senior Planner Garry presented the staff repod and PowerPoint presentation.
Chairman Alarcon asked if the Commissioners had any questions for staff.
Commissioner Ruiz asked staff.what is going to be done with the underground tanks on this
property.
Senior Planner Garry replied that.the fuel tanks were removed when the gas station went out of
business in 1999 and they filed closure reports with the appropriate regulatory agencies. He also
stated that we have received word from the Regional Water Quality Control Board and they have
no issue with the proposed design application that has been submitted.
Vice - Chairwoman Eng asked staff, since the fuel tanks have been removed and the closure reports
have been submitted, are there any contamination issues that need to be mitigated or drafted
before the asphalt pavement is done.
Senior Planner Garry replied that when the tanks were removed there was contaminated soil which
was left in the hole where the tanks were removed. He also stated the applicant then submitted an
application to the Water Board for site closure and that application is still pending. He also stated
that we have been told by the Water Board that they have no issue with this application because
there is no sub - surface work being done. He also stated that applicant is here to clarify if necessary
and it is our understanding that the Water Board has jurisdiction over the closure application and is
satisfied that this project will not require any remediation.
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Commissioner Herrera asked staff if there would not be any remediation until future development is
different and contained in that area where the tanks were.
Senior Planner Garry replied that it is up to the Water Board to determine what or if any
remediation will be required to respect with those soils that remain. He also stated their process
takes a long time for small sites like this but we have been assured that for this project no
additional work or remediation will be required. He also stated that in the future they may make a
change that will require it.
Commissioner Herrera expressed concern that in the future it could be a possibility.
Commissioner Ruiz suggested that a note be added to the Conditional Use Permit stating that in
the future if there are any reports required from the Water Quality Control Board the applicant will
have to go through the process.
Principal Planner Bermejo replied that the clean up, process is usually regulated directly by the
Water Control Authority and they are currently directly in relationship with the property owner and
they will probably get the notifications. She also re 'iterated whaf,Senior Planner Garry stated that
we had the Water Quality Board submit something in writing, =to,the City, since this project would
only entail a slight facade work and patching the parking'lot, "and that the project would not interfere
with the clean up process and building permits:shouldn't be,prevented from being issued.
Commissioner Ruiz restated that a note ordondition on the permit;would add future notification to
the City if there were ever a different agenda'for this;property.
Principal Planner replied there is a standard condition of approval which automatically requires
compliance with federal state agencies at all times. as well as fire local building codes, which is
condition of approval number 9 and asked Commissioner Ruiz if he would like something stronger.
Commissioner Ruiz stated we want to make sure that it is in there for future development to protect
the City and that he would like.a. notation added for the applicant to continue to work with the
Regional Water Board.
Vice - Chairwoman Eng stated'she appreciates what the applicant has done and we should not
make it to difficult for perspective tenants to come in at that site and to be held back because of
water and contamination issues. She also stated it should be an easy transition for the new tenant
to come in.
Commissioner Ruiz stated his intention is not to stop this project, but he suggests we need to make
sure we do not lose track of this matter for future development in regards to ground contamination.
Greg Murphy, City Attorney, stated that Principal Planner Bermejo would be the best person to
address this and it shouldn't be a condition of approval. When new projects come in staff goes
back through previous applications and files when they look at a new application, and a note in the
file will document the outstanding issues with the property which will be reviewed when new
applications come in.
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Chairman Alarcon opened the Public Hearing and invited applicant to podium.
Chris Winkle, representative of WD Partners, stated he is available for questions.
Vice - Chairwoman Eng asked the applicant if he had any perspective tenants for this property and
what is the goal once the property has been cleaned up.
Chris Winkle replied that BP is just trying to clean up the property so that a perspective client will
be able to move in. He also stated the floor plan is basically to show what could possibly go in the
space. He also stated that the interior is basically a white boxed with dry wall and the perspective
tenant can come in and do what they want with the interior. He also,stated once the work is done,
we will get a broker on board.
Vice - Chairwoman Eng asked the applicant how long they anticipate it'.will take to complete the
work.
Chris Winkle replied he anticipates the work being completed in the beginning., of next year,
sometime during the end of January or February 2011.
Vice - Chairwoman Eng asked if BP is planning on holding onto the property.
Chris Winkle replied that Thrifty Oil is actually the owner of the property and BP is the tenant, and
as part of their land lease with them they have to provide; Thrifty with =a.viable property at the end of
their lease. He also stated when,we are done,we will-hand the property over to Thrifty Oil and they
will manage the tenant upon their acceptance of the change.
Chairman Alarcon asked if there was anyone 'else wishing to speak in favor of this project.
None
Chairman Alarcon asked if there was anyone wishing to speak against this project.
None
Chairman Alarcon closed the Public Hearing.
Commissioner Herrera, made a motion, seconded by Commissioner Ruiz, to APPROVE
Design Review 10.03 and ADOPT Resolution No. 10.28 with findings and subject to thirty
(30) conditions.
Vote resulted in:
Yes: Alarcon, Eng, Herrera, Ruiz
No: None
Abstain: None
Absent: Hunter
Co
Greg Murphy, City Attorney, stated that he would like to remind the applicant there is a 10 day
appeal period and after the 10 days they may begin moving forward with building permits.
C. MODIFICATION 10 -03 AND PUBLIC CONVENIENCE OR NECESSITY (PCN) 10 -02 -
Target Corporation has submitted a Modification application to modify their existing
Conditional Use Permit (CUP 04.951), requesting approval to upgrade their existing
Off -Sale Beer and Wine (Type 20) ABC license to an Off -Sale General Alcohol (Type
21) ABC license in conjunction with an existing retail store, as well as expand their
hours of operation to 8:00 a.m. to 11:00 p.m. seven days a week and 6 a.m. to
midnight during the holiday period. Approval of this request would allow Target to
remain open one additional hour seven days a week and one additional hour daily
during the holiday season.
Lastly, Target is also requesting that the City determine that the issuance the Type 21
ABC license will serve as a public convenience or necessity as required by the State
Department of Alcohol Beverage Control (ABC) when a project site, is located in a
census tract with undue concentration ,of alcohol licenses and in a crime reporting
district with an undue concentration of crime.
The project site is located at 3600 Rosemead Boulevard, in the C3 -D (Medium
Commercial with a Design Overlay) zone.
PC RESOLUTION 10.29 - A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING MODIFICATION 10.03 AND PUBLIC CONVENIENCE OR NECESSITY
(PCN) 10 -02, FOR A NEW OFF -SALE GENERAL ALCOHOL (TYPE 21) ABC LICENSE
AND THE MODIFICATION OF THE HOURS OF OPERATION FOR TARGET
CORPORTATION, LOCATED, AT 3600 ROSEMEAD BOULEVARD IN THE C -3D
(MEDIUM COMMERCIAL WITH DESIGN OVERLY) ZONE.
Staff Recommendation 'Staff recommends that the Planning Commission APPROVE
Modification 10 -03 and PCN 10.02 and ADOPT Resolution No. 10 -29 with findings
related to the Modification and Public Convenience or Necessity of the issuance of
the alcohol license, and subject to thirty (30) conditions.
Planning Technician Casillas presented the staff report.
Chairman Alarcon asked the Planning Commissioners if they had any questions for staff.
Commissioner Ruiz questioned staff if the stores hours of operation are 8:00 a.m. to 10:00 p.m.
Planning Technician Casillas replied yes.
Commissioner Ruiz asked if the shopping center hours are also from 8:00 a.m. to 10:00 p.m.
Planning Technician Casillas replied no, their hours are different and named some of
the businesses that have different hours of operation.
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Commissioner Ruiz confirmed with staff that there are no set hours for the shopping center
Planning Technician Casillas replied there are no set hours.
Commissioner Ruiz stated that there are unarmed guards there now and asked staff if they had
looked into having armed guards at that particular site because they are applying for an upgrade
with the ABC license.
Planning Technician Casillas replied that we did not look into armed guards and stated that Target
specifically has Asset Protection personnel who monitor the inside and outside of the store. She
also stated we can ask the applicant if they are armed or unarmed.
Principal Planner Bermejo stated that the Chief of Police is involved in reviewing these
applications. She also stated if he feels there is ta,need to upgrade any type of security
services those usually come from him as a recommended conditions of approval, and in this case
he was satisfied with the current security service onsite.
Vice - Chairwoman Eng asked staff what are the typical hours of operation of Target's of this size in
the Los Angeles County.
Planning Technician Casillas replied that she did a survey on the Target stores located in
Pasadena and Alhambra. The Target stores,in these areas already have operating hours of 8:00
a.m. to 11:00 p.m. daily, and 8:00 a.m. to 10;00 p.m. on Sundays. She also stated that the only
Target store that had limited operating hours is in, Duarte, and their operating hours are 8:00 a.m.
to 10:00 p.m. and 8:00 a.m. to 9:00 p.m. on Sundays.
Vice - Chairwoman Eng asked staff what, are the holiday hours.
Planning Technician Casillas replied she did not check on the holiday hours.
Vice - Chairwoman Eng asked staff what types of crimes have been reported at this site.
Planning Technician Casillas replied, she was told by the Chief of Police that the crimes consisted
of petty theft, auto theft, auto burglary, and general burglary. She also stated that she was told a
lot of these where attributed to Bally's Gym located at thb opposite end of the shopping center.
Vice - Chairwoman Eng clarified that crimes reported are Icloser to the gym and asked what is being
done to reduce the amount of crimes reported at that location.
Principal Planner Bermejo replied that the Chief of Police has been heavily involved with working
with them to mitigate the level of crime.
Chairman Alarcon opened the Public Hearing and invited applicant to speak.
Beth Aboulafia stated she is here representing Target, and that Rick Hernandez the Store Manager
is also here, and that they are happy to answer any questions. She stated that the staff report and
presentation were very thorough and reiterated what Target is requesting. She also stated that she
hopes with the Police Department's and staffs support the Planning Commission will approve their
request.
Commissioner Ruiz asked Ms. Aboulafia if Target would be in favor of having armed security
guards at the entrance doors.
Beth Aboulafia replied probably not and perhaps the Store Manager Rick Hernandez can speak on
that matter. She also suggested that the Police Department is the expert on this and they seemed
to be satisfied with the security at the Target store. She also stated that Target has added the sale
of distilled spirits at many other Target stores in California and wehave not had any change in
the operations or problems related to the addition of a small amounE,of distilled spirits.
Commissioner Ruiz asked Mr. Hernandez the Store Manager;if"he would know if Target would be
in favor of armed security guards.
Rick Hernandez, Store Manager replied that helloes not know if that is 'a =part of Targets
expectations right now, and that at this time there' is not armed security at the entrance doors at
any Target store. He also stated that armed security may be frightening for our customers, and he
added that even some of Targets higher retail establishments, for example the West Hollywood
store, do not have it. He also stated that what we really favor is having a good relationship with
local law enforcement.
Chairman Alarcon stated that he feels having armed guards:w,ould probably be more of a detriment
to the employees and public, as there is a possibility of securityguards not being trained properly.
He also stated he would like to compliment the addition of the market and the interior of the store.
Chairman Ruiz stated he,also would]ike:to say the addition of the market is very nice and kiddingly
stated he wished it was not - towards the back of the store.
Greg Murphy, City Attorney, stated that part of the groceries being moved to the back
actually provides extra security for things like distilled spirits because people won't be walking into
it from the front of the store., is
Commissioner Ruiz stated that he is concerned with Target being open for an hour later, and that it
may create more opportunity for crime. He also stated that is why he wanted to know the shopping
center hours. He also stated that in Pasadena they do have armed guards in that shopping center
but he is not sure if they are hired by Target.
Principal Planner Bermejo stated that if Commission desires they could add an additional line to
the security condition that says, if warranted on the basis of the City of Rosemead Public Safety or
Los Angeles County Sheriff's Department incident reports the City shall have the right to
require additional security measures.
Chairman Alarcon stated there is not a reason to add this yet, let's just express this to the
applicant.
Commissioner Ruiz expressed his concern that the current security are elderly gentlemen and may
not have capabilities to handle some of the crimes that may occur.
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Chairman Alarcon asked if there was anyone else wishing to speak for this project.
None 1
Chairman Alarcon asked if there was anyone wishing to speak against this project.
None
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Chairman Alarcon closed the Public Hearing.
Commissioner Herrera made a motion, seconded by Commissioner Ruiz, to APPROVE
Modification 10 -03 and PCN 10 -02 and ADOPT Resolution No. 10 -29 with findings related to
the Modification and Public Convenience or Necessity of the issuance of the alcohol
license, and subject to thirty (30) conditions.
Vote resulted in: '-
Yes: Alarcon, Eng, Herrera, Ruiz
No: None
Abstain: None
Absent: Hunter
5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS
Vice - Chairwoman Eng stated that she had been to the corner of Temple City Boulevard and Valley
Boulevard and expressed concern that this location looked dead. She also asked staff what can
be done to improve : this location since the City is going through the process of zoning
upgrades and asked if the current zoning restrictions are too restrictive.
Principal Planner Bermejo replied that one of our overall goals in the zoning update is to take a
look at the current uses and development standards th
done to enhance the community with different type
experiences a loFof:vacancies
Vice - Chairwoman Eng suggested maybe contacting El
be possible to work together to enhance our entrance ti
the zoning allows, and see what can be
of services. She also stated that area
Monte which is next door, to see if it would
the City from the east.
Chairman Alarcon stated that Wal -Mart had looked intolthat area but the two main property owners
did not want to co- operate so Wal -Mart found another location.
Commissioner Ruiz stated that he had a friend that
no, it was not for sale.
ILI]
to buy that property and they were told
Vice - Chairwoman Eng stated that while we are looking at the zoning, maybe incentives can be also
be created.
6. MATTERS FROM STAFF
A. Update on Proposed Amendment to City Designated Truck Routes
Principal Planner Bermejo stated that she had an update on the proposed amendment to the City's
designated truck routes. She said that when staff did the annual review of Wal- Mart's operation in
August, the Planning Commission recommended that the Planning Division work with the Public
Works Department and the Traffic Commission to see if the designated truck route ordinance could
be amended. She stated that Chris Marcarello, the Public Works Director submitted a memo that -
states that the cost of the required analysis was not included in.this year's budget, and that for this
reason, staff is recommending moving forward with the proposed signage that was presented to
the Planning Commission during Wal- Mart's annual review:. She also stated that Wal -Mart has
communicated that they have agreed to cover the cost of that signage..
Commissioner Ruiz asked staff if we will be working'with Chris Marcarello and his staff in the future
to do the study.
Principal Planner Bermejo said yes. .
Commissioner Ruiz stated that he has been requesting this study to be done for years. He also
stated that the surrounding cities of El Monte, San Gabriel and unincorporated areas of Los
Angeles do not allow truck routes within residential''zones. He also stated that El Monte is very
strict with this and will give fines to trucks that use residential streets and not truck routes. He also
stated that he would like our City to cluthis also.
Vice - Chairwoman Eng stated that one observation -she noticed is item number 10 and stated that
there is 1/2 mile on Heilman and Del Mar that is a truck route and the speed limit is 40 miles per
hour and she does not understand why.
Principal Planner Bermejo stated that this study would be City -Wide.
7. ADJOURNMENT
The next regular Planning Commission meeting will be held on Monday, October 18,
2010, at 7:00 p.m.
ATTEST:
Rachel Lockwood
Commission Secretary
William Alarcon
Chairman
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