Loading...
PC - Minutes 08-16-10Minutes of the PLANNING COMMISSION MEETING August 16, 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 - Commissioner Ruiz INVOCATION - Commissioner Hunter ROLL CALL OF OFFICERS PRESENT — Commissioners Herrera, Hunter, and Ruiz, Vice - Chairwoman Eng, Chairman Alarcon ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Wong, Principal Planner Bermejo, 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 Chairman Alarcon opened the Public Comments and reminded the audience that the Wal -Mart item is not a Public Hearing item and if they wished to speak on that item when it is called, please fill out a speaker request form and give it to the Planning Secretary. He then asked if there, was anyone wishing to speak on any other item than what is on tonight's Agenda. None 3. CONSENT CALENDAR A. Approval of Minutes - July 19, 2010 Vice - Chairwoman Eng made a motion, seconded by Commissioner Herrera, to APPROVE the Minutes of July 19, 2010, as presented. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None 4. PUBLIC HEARINGS A. ZONE VARIANCE 10 -02 AND MODIFICATION 10 -04 - Fresh and Easy Neighborhood I Market, Inc., submitted a Zone Variance and a Modification application requesting to deviate from the required construction of a six -foot high masonry wall along the southeast property line. Section 17.84.130 of the Rosemead Municipal Code requires the installation of a six - foot solid masonry wall where parking area abuts property classified for residential uses. Section 17.12.190 of the Rosemead Municipal Code requires that a six -foot masonry wall be installed where a commercially zoned lot has a common line with a residentially zoned property. The subject property is located at 9026 Valley Boulevard in the CBD -D (Central Business District with a Design Overlay) zone. Staff Recommendation - Staff recommended that the Planning Commission CONTINUE the public hearing for Zone Variance 10.02 and Modification 10.04 to the regular Planning Commission Meeting to be held on Monday, September 20, 2010. Principal Planner Bermejo stated that staff recommends that the Planning Commission CONTINUE the public hearing for Zone Variance 10 -02 and Modification 10 -04 to the regular Planning Commission Meeting to be held on Monday, September 20, 2010, due to the applications being incomplete as further information is required to prove permits cannot be obtained to build a six -foot masonry wall within the sewer and telephone easement. Commissioner Ruiz stated that he agrees with staff and would like to make a motion to continue this item to the regular Planning Commission Meeting to be held on Monday, September 20, 2010. City Attorney Murphy stated before anyone seconds, we would like the opportunity for public comment on this item since was noticed for tonight, so anyone not able to make the Planning Commission Meeting to be held on Monday, September 20, 2010, may speak tonight and then we can have a motions for a second. Chairman Alarcon opened the Public Hearing. Susan Dang, a resident, stated that her residence is right across the street and she is strongly opposed to the Variance and is requesting that the wall be built for safety reasons as her home has been broken into in the past. Juan Nunez, a resident, stated that he does not want the Variance approved and feels the wall will protect the nearby residents from noise elements. He also made reference and comparisons to the Wal -Mart noise matter. Chairman Alarcon asked if there was anyone else wishing to speak on this item. None City Attorney Murphy stated that we have a pending Motion to continue the Public Hearing until Monday, September 20, 2010. 2 Commissioner Ruiz made a motion, seconded by Commissioner Herrera to CONTINUE the public hearing for Zone Variance 10.02 and Modification 10.04 to the regular Planning Commission Meeting to be held on Monday, September 20, 2010. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Vice - Chairwoman Eng stated there will be a Neighborhood Block Watch Meeting at 7:00 p.m., on Wednesday, August 18, 2010 at the 3100 block of Jackson Avenue and extended an invitation to the public. 6. MATTERS FROM STAFF A. Annual Wal -Mart Review of Conditions of Approval Principal Planner Bermejo presented a staff report Commissioner Ruiz questioned staff about the complaints that have been received regarding truck deliveries. He asked if they were Wal -Mart delivery trucks. Principal Planner Bermejo replied no, they are outside vendor trucks. Commissioner Ruiz questioned staff if the signage that is being proposed is to try to prevent trucks from entering where they should not. Principal Planner Bermejo replied yes, directional signage is proposed. She also stated it would be placed several hundred feet before trucks approach the Wal -Mart site on Walnut Grove, both to the north and south of the site. Commissioner Ruiz stated that one of his concerns is that Rush Street is a truck route and if we place signs for delivery, it will not take care of the problem. He also recommended that this item go to the Traffic Commission for their review and consideration of eliminating Rush Street as a truck route. Chairman Alarcon invited the public to comment on this item and reminded them to please keep their comments to three minutes. Marlene Shinen stated that she would like give a brief history of Wal -Mart matters. She stated that she would like our neighborhood to be free of crime, litter, noise, and violations. She also commented that she does not support Wal -Mart ever operating 24 hours. She stated that she is concerned that Wal -Mart may operate 24 hours one day, because of a quote that was made by Wal -Mart Attorney, Mark Astrovich, in 2004 in which he said "I have to be forthright with you, to tell you that we cannot accept limitation on our operating hours. I just want to re- instate that I am clear with everyone; we cannot accept limitations on our operating hours. I really don't have anything else to say besides that." Marlene Shinen also expressed her concern over the monitoring of Wal- Mart's store operations and asked who is responsible for the monitoring. She mentioned that violations are not being enforced regarding shopping carts, truck deliveries, signage, and semi - truck overnight parking. Ms. Shinen discussed past problems with the enforcement of preventing shopping carts from leaving the property and semi - trucks sleeping overnight where signage prohibited such parking. She mentioned that she contacted Ray Rodriquez from Public Safety with photos and license plate numbers, and he showed her that he alerted 18 units, and that she also contacted past City Manager Oliver Chi, but violations still continued. She said that on one occasion an entire family of four boarded a semi -truck with their bedding, their packages from Wal- Mart, and they spent the night. She stated that Condition of Approval No. 31 prohibits trucks from making deliveries from Rush Street, but she sees trucks still use the Rush Street driveway. She mentioned that she approached Wal -Mart security and asked them if they had seen the trucks, and they said yes. She then said she went to tell Jorge, but Jorge and his assistant were in a meeting. She stated that the violations are a safety issue. She indicated that in the past there was no success in curtailing violations; sheriffs did not cite Wal -Mart, and Wal -Mart security did not enforce, and City officials refused to monitor. She then stated that one individual has been working effectively with Rosemead Safety, Temple City Sheriffs, and Wal -Mart authorities and is succeeding in curtailing Wal -Mart's violations of conditions of approval and mitigation measures. She thanked and showed her appreciation of Principal Planner Bermejo, Ms. Shinen then expressed that Wal -Mart is too big to require a close City watch and mentioned that the store manager needs to ensure compliancy so that they become a good neighbor. Chairman Alarcon reminded the audience that the Planning Commission is familiar with the history of Wal -Mart. Lydia Martinez, a resident, stated she lives across the street from Wal -Mart and that she is very unhappy living across from this box that creates noise constantly. She also stated that since Wal- Mart has come into their neighborhood there is a lot of noise from vehicular traffic, pedestrians, trucks, and air - conditioning units all the time. She stated that she is concerned with trash, shopping carts, and the safety of the neighborhood. She also stated that the enclosure is not going to help with the noise and if it blows up it will hurt someone and she feels the transformer should be underground. She stated there has been no consideration from Wal -Mart for the residents that live nearby and during construction they endured dust, noise, trucks and utilities being shut off. She also stated we need more protection because crime has increased in the area. She also stated that Wal -Mart needs to know about the people who live there and how the store and has made a big impact in the neighborhood. She stated she does not want this to become a 24 hour store. Juan Nunez, a resident, stated that some delivery trucks that are loading and unloading are using Delta Street as their route, and they are not suppose to according to the conditions of approval. He also stated that the Sheriffs cannot be there 24 hours to stop them and suggested that residents can help by getting the truck license plate numbers and reporting them to the Sheriff's Department. Chairman Alarcon stated that all this information will be taken into consideration. He also stated 0 that if this goes to the Traffic Commission and if the Traffic Commission amends the truck route, it will still have to be enforced and our Chief of Police will have to have someone there enforcing it on a regular basis. Commissioner Ruiz clarified that what he meant is that every truck going through Rush Street technically has every legal right to go through there since it is a truck route. He also stated that once drivers make that right turn and they want to make that delivery they are going to do it. He explained to Mr. Nunez that it will be up to the Traffic Commission to decide if Rush Street should be a truck route and that is why he recommending that this goes to the Traffic Commission. He also stated that it is not Planning's scope to deal with traffic issues. Juan Nunez stated he is not talking about the truck route and stated truck drivers will deliver their goods any way they can. Commissioner Ruiz stated these vendors are not Wal -Mart trucks, and the only way to stop them from delivering is to stop Rush Street from being a truck route, which we will recommend to the Traffic Commission. Juan Nunez stated there is a state law or ordinance prohibiting the removal of shopping carts from shopping centers and asked staff why it is not being enforced. Chairman Alarcon replied that Code Enforcement should be called immediately if shopping carts are seen being taken off -site, so citations can be given. Brian Lewin, a resident, stated he is on the Traffic Commission and as a Traffic Commissioner he would be happy to consider the truck route issue. He also stated he would like to comment on the proposed signage, and said the proposed sign on Walnut Grove about 200 feet north of Rush on the west corner, states northbound on Walnut Grove and asked if it should be southbound. Principal Planner Bermejo replied that there will be signage for trucks going north bound from the 60 Freeway and south bound from the 10 Freeway. Brian Lewin, asked so there would be a sign prior to Rush Street for 10 Freeway traffic. He also stated the map indicates a sign on the corner of Rush Street and Delta Avenue and asked staff if this is correct. Principal Planner Bermejo replied that is correct. Brian Lewin, resident stated he feels this signage is too late because currently Rush Street is a truck route and once they are at the bottom of Delta Avenue at Rush Street they technically can go on Rush Street and the point is to keep them of Delta Avenue, where they are not suppose to be because it is not a truck route. Commissioner Ruiz stated that this is why he is recommending that this matter go to the Traffic Commission before all the signs are put up. He also stated that if trucks are going down Rush Street they will automatically be breaking the law if we make this a no truck route. He also stated that he recommends we put a hold on the signage issue and have the Traffic Commission review this first. Brian Lewin asked if the signage proposals will be put on hold and if they are then he has no further comments. Commissioner Ruiz replied yes Edward Randolph, property owner of 9958 Valley Boulevard, stated that a few years ago the City changed the zoning from M -1 to a C -1 zone. He also stated that he addressed the City Council a month or two ago to reconsider putting this back to an M -1 zone due to the fact it doesn't qualify for parking. He also named a few the surrounding types of businesses across the street and stated they are mostly M -1 businesses. He also stated he has had a vacancy for over two years and is having difficulty renting it out due to the zone change. He also stated he has had numerous businesses wanting to rent his building but they do not meet the requirements of the C- 1 zone. He thanked the Planning Commission for their time and requested that they consider changing it back to the M -1 zone. Mary Faras, a resident, stated she lives directly across the street from Wal -Mart. She also stated that her observations of Wal -Mart are the same that have been mentioned by Marlene Shinen and Lydia Martinez. She also stated that the neighborhood is not as it use to be, Wal -Mart has created lots of traffic, a lot of trash, and a lot of noise. She also stated the noise is constant and she can hear the buzzing from her porch and the back of her home with the windows closed. She also stated that the streets are cleaned on Friday's and by Monday morning they need to be cleaned again due to the traffic, and pedestrians leaving trash. She also stated in regards to the Traffic on Delta Avenue, just north of Panda there is a sign that says, "No Trucks ", but at the entrance of the Panda there is a sign that says, "Deliveries ". She also stated that she has four dates of semi - trucks traveling north on Delta Avenue and on one of those incidents the truck turning into Panda, was backing into Panda. She stated then they go north on Delta Avenue and they turn left on Rush Street. She also stated these trucks are not labeled. Commissioner Ruiz asked Ms. Faras if the semi - trucks are going from the San Gabriel county line down to the San Bernardino Freeway and wanted to clarify if it was close to the border line. Mary Faras, replied she has never seen the trucks coming from Rush Street, she has only seen them going out to Rush Street. Commissioner Ruiz requested staff to contact Panda and send them a letter stating that trucks are not allowed on Delta Avenue. Principal Planner Bermejo replied that we should look at the Municipal Code first as there may be something in the Municipal Code that will allow them to deviate so many feet from a designated truck route to allow them to make a delivery. She also stated she believes this is an issue she reported once in the past and she will follow up on it. Mary Faris, asked Commissioner Ruiz if the speed limit is 40 miles per hour because this is a truck route. Commissioner Ruiz replied no, it is 40 miles because that is a standard speed limit for that particular width of street. Mary Faras, asked what about the school and all the traffic. Commissioner Ruiz replied during school hours the speed limit is 25. miles per hour. He also stated the speed limit has nothing to do with truck routes. Mary Faris, asked staff what is the purpose of the wall being built around the transformer. Principal Planner Bermejo replied that since 2007, Wal -Mart and the City has completed a total of six noise studies to find where the noise was coming from. She also stated the last noise study that was completed and it was done with the connection of Southern California Edison, pinpointed the noise to the transformer and associated equipment. She stated so therefore the sound wall is to mitigate the noise and resolve the noise issue. Mary Faris, asked where the sound tests were conducted. The Planning Commission discussed various locations that the test may have been taken from. Principal Planner Bermejo stated that the representative for Wal -Mart is present and may be able to answer that question. Community Development Director Wong re- iterated that we may direct this question to the Wal- Mart Representative which is present. Commissioner Hunter stated that near the sound wall location there is a phone number that states if you have any questions please call. She also suggested that it may be a good idea to call. Chairman Alarcon invited the Wal -Mart Representative to the podium. Jennifer Guenther, representative of Wal -Mart, thanked the Planning Commission to allow her to speak this evening and stated she agrees with Marlene Shinen's comments in regards to Principal Planner Sheri Bermejo. She also stated Sheri has been very instrumental in working with the community and Wal -Mart to try to resolve these issues. She also stated specifically in regards to the sound wall, there were approximately ten different sound readings that were taken. She also stated these were done through a conjunction of test and some broad tests were taken initially to try to determine where the majority of the sound was coming from. She also stated we wanted to address any noise concerns at the second stories of the residential buildings. She also stated that sound tests were taken adjacent to the residences at a 25 ft. level to make sure we did an accurate reading. She also stated originally it was thought that the rooftop equipment or loading docks was creating the noise issues, so sound readings were done all along Delta Avenue, from the points near Rush Street all the way up approximately two blocks in, to see if noise was escaping over the sound wall of the refrigerant equipment. She also stated that the noise test discovered that it was a buzzing noise coming from the transformer that people were hearing. She also stated that it was thought that there was a problem with the transformer and that is why we had Southern California Edison involved. She stated that Edison came out and did a three stage test, which involved shutting down the transformer to the store, and what was discovered was that the transformer was not faulty but all the equipment together when it was turned on creates the buzzing sound and that buzzing sound at certain times of the day from various moisture factors and the quietness from the neighborhood did exceed the city's noise standards. She also stated Wal -Mart then hired an engineer to come in to do a diagram of the sound wall and they did a noise analysis to ensure that the buzz would not simply bounce off and continue to hit the neighborhood, but it would go up and actually mitigate the noise. She also stated the purpose of the sound wall is to mitigate the noise and hopefully resolve the problem once and for all. She also stated Wal -Mart is truly trying to be a good neighbor. Vice - Chairwoman Eng stated that this sound wall was proposed last November and construction has just began and asked Ms. Guenther why it is taking so long for the wall to get built. Jennifer Guenther replied that it was proposed last November and it was presented to the Planning Commission at that point and time. She also stated we had to make sure the engineering was correct and we had to make sure it would do the buffering that was required which took some time. She also stated Wal -Mart is a big corporation and it takes time to just work things through the process. She also replied that the wall should be completed by the end of this month. Jennifer Guenther, stated in regards to the truck monitoring, she has spoken with the store manager and he has contacted each of the vendors by telephone and in writing to ask them to no longer use Rush Street as it is a violation of the Conditions of Approval. She also stated that hopefully this resolves this issue as the letter was written sometime in July. She also stated there are no entrances on Delta Avenue so Wal -Mart vendors should not be using Delta Avenue. She also stated in regards to the signage that has been proposed, she understands it is on hold now, but she has contacted Wal -Mart headquarters and they are willing to pay for that signage if the City determines it is appropriate to be put in. She also stated Wal -Mart is willing to continue to work on any revealing action that is suggested by the City. She also stated in regards to shopping carts, there is a locking system that is in place at the Wal -Mart store and it should be functioning. She also stated that Wal -Mart has a company that patrols the neighborhood twice a week to ensure that shopping carts are picked up. She stated if shopping carts are a problem, hopefully the public will contact Principal Planner Bermejo and Ms. Bermejo can contact her and I will make sure that it is resolved quickly. She also stated she is willing to address any other issues that may come up and thanked the Planning Commission. Chairman Alarcon asked the Commissioners if they had any other comments or questions. Commissioner Hunter stated she would like to make a correction to page 13, number 50, it states tenant shall be responsible for cleaning graffiti on their building within 48 hours of notification and asked staff if it should be 24 hours. Principal Planner Bermejo replied that on our standard condition of approval today, it is 24 hours but when Wal -Mart had its operation approved it was 48 hours, so their condition of approval is 48 hours. She also stated that is how the City Council approved the Conditions of Approval in 2005. Commissioner Hunter replied thank you. 0 Principal Planner Bermejo stated that an electronically mailed letter was sent to the Planning Division today from Mr. James Flournoy's with his comments regarding Wal- Mart's Annual Review. She also stated a copy has been given to each of the Planning Commissioners for their review. Vice - Chairwoman Eng stated that Condition of Approval Number 6, regarding the site facility security plan, states that Wal -Mart is in compliance. She also stated her only question is that residents have raised their concerns about crime in the area and she asked staff if there is anything in the security plans that will provide an update of revising as needed, to address crime issues that might come up in the store or area. Community Development Director Wong stated that Wal -Mart is responsible for on- site security not off -site security, but we will check with the Sheriff's Department to tract how many complaints or arrest are made in the general area and on -site. Vice - Chairwoman Eng stated that she briefly remembers, or heard of an incident, this year of a lock down on the site itself. Marlene Shinen stated that someone paid to have all those signs put up, the Wal -Mart sign on Rush, the one on the north driveway, and said so according to Commissioner Ruiz stating that because it is a truck route, they don't have to obey those signs. Commissioner Ruiz clarified that a truck route allows the trucks to go through and if we didn't have that truck route there, then there would be no trucks, because then they would be in violation of the traffic laws. He also stated and that is why we need to eliminate this as a truck route. Marlene Shinen, stated that there are violations taking place and no one is enforcing them. Chairman Alarcon stated that it has been noted that violations have been made and we need to contact Code Enforcement and the Sheriff's Department to address these violations. Lydia Martinez, a resident, asked staff if Wal -Mart will be planting new trees. Chairman Alarcon replied that we do not have a plan for that yet, but Principal Planner Bermejo will address the following items, trucks, noise, and landscaping with Wal -Mart. He also stated the public are the ears and eyes of the City, and hopefully all of the issues discussed will be resolved. He also added that Jennifer Guenther, the representative of Wal -Mart, hopefully has been able to clarify and answer some of the concerns that have been mentioned. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, September 20, 2010, at 7:00 p.m., due to City Hall being closed on September 6, 2010 for the Labor Day Holiday. `n(� V` William Alarcon Chairman ATT T: / LAW �/L C,44 Rachel Lockwood Commission Secretary 10