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PC - 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 tonight'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, and orderly manner." Principal Planner Bermejo stated that we can address those items individually when the Public Hearing is opened. Greg Murphy, 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: Alarcon, Eng, Herrera, Ruiz No: None Abstain: None Absent: Hunter 4. PUBLIC HEARINGS 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' -0" 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. 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 0 -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 asked if there 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. Vice - Chairwoman Eng asked the applicant how wide is the coverage that this site will provide. 2 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 in the future 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 will be 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 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 10.06 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 3 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 dulac 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. PC RESOLUTION 10.28 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 10.03, FOR BUILDING AND SITE IMPROVEMENTS TO AN EXISTING COMMERCIAL BUILDING, LOCATED AT 9701 VALLEY BOULEVARD IN THE C- 3DIRC -MUD0 (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY AND RESIDENTIAL/COMMERCIAL MIXED -USE DEVELOPMENT 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. Senior Planner Garry presented the staff report 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. 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 what 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 or condition 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. 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. IQ[dTa Chairman Alarcon closed the Public Hearing. Commissioner Herrera made a motion, seconded by Commissioner Ruiz, to AP PROVE 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 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 Cd 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. 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. rN 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 a 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 the opposite end of the shopping center. Vice - Chairwoman Eng clarified that crimes reported are closer 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 we have not had any change in the operations or problems related to the addition of a small amount 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 he does 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 would probably be more of a detriment to the employees and public, as there is a possibility of security guards 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 like 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. 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. Chairman Alarcon asked if there was anyone else wishing to speak for 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 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 that the zoning allows, and see what can be done to enhance the community with different types of services. She also stated that area experiences a lot of vacancies. , Vice - Chairwoman Eng suggested maybe contacting El Monte which is next door, to see if it would be possible to work together to enhance our entrance to the City from the east. Chairman Alarcon stated that Wal -Mart had looked into that 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 wanted to buy that property and they were told no, it was not for sale. 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 - 10 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 do this also. Vice - Chairwoman Eng stated that one observation she noticed is item number 10 and stated that there is 1/2 mile on Hellman 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: William Alarcon Chairman Rachel Lockwood Commission Secretary