Loading...
PC - 01-07-08CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES January 7, 2008 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission order by Chairman Lopez at 7:00 p.m. in the Council Chambers of the Rosemead City Hall Valley Boulevard, Rosemead. Commissioner Bevington led the Pledge of Allegiance. Commissioner Cam delivered the invocation. ROLL CALL: was called to at 8838 East PRESENT: Commissioner Bevington, Cam, and Vuu, Vice - Chairman Kunioka, and Chairman Lopez ABSENT: None EX OFFICIO: Bermejo, Everling, Gonzalez, and Plaza EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS: City Planner Matt Everling explained the public hearing process and the right to appeal Planning Commission decisions to the City Council. 2. PUBLIC COMMENTS Chairman Lopez asked if anyone would like to speak on any items not on the agenda, to step forward. Ms. Marlene Shinen of 8447 Drayer Lane, South San Gabriel, stated she attended the Traffic Commission on January 3, 2008, regarding the traffic signal at the intersection of Rush Street and Angelus Avenue. She said she wanted to give the Commissioners some information, so they could review some of the things that were presented to the Traffic Commission. She also said that staff recommended not to install a flashing yellow beacon or a traffic signal at this time. Ms. Shinen stated she was angry because there is only one exit and that's on Delta Avenue. She explained that it's a quiet, peaceful neighborhood and at the south end of Delta Avenue sits Don Bosco Technical High School and at the north end of Delta Avenue there's also Rice School. Ms. Shinen said Wal -Mart came into the neighborhood and threatened their peace, quiet and safety. She also stated that although she's only speaking on the traffic situation, there are other relevant issues. She handed out information from the Traffic Commission of August 2004. She also said there are some highlighted words that they were concerned to tell the Commission about. She said at that time, they cared about us and our safety. She also said back then, they wanted to further protect the residential neighborhood as well as ensure safety for its residents, school children, and schools. Ms. Shinen said that at the Rosemead Planning Commission Meeting.: January 7, 2008 Page 1 of 12 Traffic Commission she attended, they listened carefully and heard the expressed alarm of parents and school children. They acknowledged one hundred thirty -one signatures on a petition as well, she said, and voted four to zero in favor of a signal at Angelus Avenue and Delta Avenue, against staff recommendation. Ms. Shinen stated that the laws in this area need to be enforced for their safety. She continued that last Sunday she happened to be at the southwest corner of Delta Avenue and Rush Street where she witnessed a van that was parked unusually in front of a fire hydrant. With her camera she took pictures of the situation and also called the Sheriff's Department, who told her that she would send an officer out. She also stated that she talked to the neighborhood residents about this van, and they informed her that this particular van parks there every single Sunday probably stocking things, at the very southwest corner of Delta Avenue and Rush Street in front of the fire hydrant. Ms. Shinen continued, that when they are entering traffic off Delta Avenue going north, because of this type of blockage, they cannot see oncoming traffic, which makes oncoming vehicles like aiming bullets towards them. Along with that information she stated that the vehicles in this area speed, and with that comes fear. She also informed us of an accident that one of her neighbors had witnessed involving a pedestrian at the crosswalk. She continued that the crossing guard she spoke to now has huge cones out there because he's afraid for his own safety since people do not stop. Ms. Shinen then said they do need a signal or even two signals. Wal -mart came into our neighborhood knowing it was residential, she said, and they promised us safety. With that, she asked that the recommendation of the Traffic Commission be considered. Lastly, she stated that parents drive their children to school because they will not allow them to use the crosswalk and that even a resident said, that he himself, just like the crossing guard is scared for his own safety. Chairman Lopez thanked Marlene. Mr. Jim Flournoy of 8655 Landis View Lane, a resident, stated he'd like to follow up on what Ms. Shinen had discussed on. He said at the City Council meeting, Gary Taylor moved and John Nunez seconded to not install a flashing yellow beacon. The choice was between a flashing yellow beacon and a traffic signal. He said that Traffic Engineer Joanne Itagaki was incorrectly informed, which is why the traffic study she conducted wasn't what she would've done if she'd known what the priorities of the City Council were. He stated that Traffic Commission did the right thing by noticing residents in the area of the Public Hearing being held, as well as producing a petition with one hundred fifty names on it. He continued by saying it turned out to be a good Public Hearing with representatives from the school district there and that he appreciated their support having it go to City Council. In other matters, he stated that so far they've asked the city- retained consultant to look over six technical reports and have only found three so far. He clarified by stating that he is not speaking for the consultant, has not yet spoken to her, and wants her to report on the matter herself, but would like to tell of what he found while looking at them. He questioned how we solve this problem going down the road with mitigation makers being proactive without screwing up all six projects. He then walked over to the dry eraser board to illustrate where there was one place that four reports he'd looked at had previously gone wrong. Chairman Lopez stated Jim had three minutes. Mr. Flournoy began to make a presentation regarding faults and the epicenter of where an earthquake line is. He stated projects on Valley including Bank of the West, have said the nearest earthquake fault is the Raymond Fault, approximately six or seven miles away. Rosemead Planning Commission Meeting. January 7, 2008 Page 2 of 12 He stated that there are two epicenters: one over by Garvey Avenue and Del Mar Avenue and one by Edison at this location, which they somehow missed. He continued, Bank of the West caught it by doing a required second analysis that the computer program they use happened to pick up, not by observation. He also said they did not pick it up because they didn't do the required evaluation. He stated if you are within or near a fault which all of Rosemead is, even the Raymond fault, you can't use simplified liquefaction analysis. He said you'd have to go through the whole analysis which is what Bank of the West did. Mr. Flournoy continued pointing at the dry erase board and stating that if you are going to figure out where a fault is under the 1998 Building Code, you can start and pretend like it's the Alhambra Wash Fault which runs at an angle down like this. Still illustrating, he stated when you go down here where you're 10 kilometers deep and find out where on the fault your intercepted 10 kilometer vertical projection is, then that is your zero line. He said It's not here where the fault break is at Wal -Mart and Rice School or Garvey Park, but probably near Rubio Wash and MC Donalds here if you calculate right, while pointing at the board. Then if you're within two kilometers of this point which takes you almost to city limits, he said, then you have to increase your static factors by sixty percent at point one second period, and double it one hundred percent at a one second period. He stated everyone got this wrong, so when they do their liquefaction study they don't have the right size of the input so they also don't have the right size inputs into their structural analysis. He continued by stating, if they missed that fault, there's also the Puente Hills Thrust Fault which is about 9.3 kilometers deep at Edison which is sloping down about 25 degrees. So by the time you get to Garvey Avenue, he said it's 10 kilometers deep. Our projection at Garvey Avenue is zero by that fault and going north this time, this one slopes to the north instead of sloping to the east which the two kilometer line for the max upgrade on that is heading out near Mission Drive. He stated the guys managed to miss both of these faults. He said he could see missing one the other, but question how t the sources of the 1987 earthquakes could both be missed? These guys managed to do it, he said, so we end up with projects that are probably well under - designed and would be interested to see what the professionals come up with. He continued by stating you don't even get to the point where you do your liquefaction study, more of a seismology thing, which is the way that we've got by here. It's a soil science that is geo- technical; it's a Civil Engineering thing to do liquefaction study, but if they don't have the right inputs into their analysis, they're worthless he said. He finished by stating that's the problem we have, questioned how we'll solve it with the suggestion to make changes to the city, and handed out information that he said could be discussed next time. Also, he said we need to come out with something to keep these guys from making the same mistakes. Chairman Lopez asked if anyone else had comments aside from what was on the agenda. City Planner Everling questioned if the Traffic Commission recommendation Marlene Shinen had mentioned was from 2004. Chairman Lopez answered it was last Thursday night and moved on to the next item on the agenda. 3. PUBLIC HEARINGS A. Conditional Use Permit 07 -1109 — 4930 Earle Avenue Presentation: Associate Planner Sheri Bermejo Rosemead Planning Commission Meeting: January 7, 2008 Page 3 of 12 Staff Recommendation: APPROVE Conditional Use Permit 07 -1109 for six (6) months and ADOPT Resolution 08 -01, subject to the conditions outlined in Exhibit "B ". Associate Planner Sheri Bermejo stated the applicant, Mr. Michael Wojciechowski, was present and asked the Commissioners if they have any questions. Chairman Lopez asked if the applicant would like to speak. Mr. Michael Wojciechowski, of 380 S. Raymond Avenue in Pasadena, then made his own presentation. Chairman Lopez questioned, as far as the playground, if there would be set time at night that the children would no longer be allowed outside since they are open till midnight on Fridays. Mr. Michael Wojciechowski stated logically the children will not be out at midnight and typically during the weekdays, Monday through Thursday somewhere between 8:30 pm — 9:00 pm, they'll have the kids come in, lay on their mats with their blankets and watch a movie as they wait to be picked up. He continued, unless the weather is just exceptional during the summer when there's still light out, they might be allowed on the playground till 7:30 pm or 8:00 pm, but right now during winter when it's cold and dark, they're in by 6:30 pm. He stated that the children are fed dinner around 6:30 pm, which brings them in from the playground and they stay in for the rest of the night. In summertime, on a Friday or Saturday night, they might be able to stay out a little bit later, but usually are in to watch a movie by 9:30 pm. Vice - Chairman Kunioka stated that he didn't see any lighting plans. He questioned whether Mr. Wojciechowski intended to light the play area at night or not. Mr. Michael Wojciechowski replied that there is some existing lighting and staff has asked him to work on that by either modifying or replacing it so it's not directly lighting the neighboring properties that focuses on the yard. He said he has to do a photometric study in order to show what the lighting readings are. Vice - Chairman Kunioka questioned if the lighting was for parking and safety and not for playing Basketball and things like that. Mr. Michael Wojciechowski stated correct. He said, that he only asked for a school -aged license for 40 children. He also said typically on a Friday night at our Pasadena location, they might have 30 or 40 children total, from infants to school -aged, at night between 6:00 pm — 8:00 pm. He continued most children begin to go home after 7:30 or 8:00 and it lessens from there. He stated that his Pasadena location is licensed for 280 children, but does not have 200 children at the program on a Friday night. Staff has asked us to put a restriction of no more than 100 children which I don't foresee us getting to amount for those parents who do not have other means of child care. Vice - Chairman Kunioka questioned at what time it would be reasonable to shut down the Rosemead Planning Commission Meeting. January 7, 2008 Page 4 of 12 playground at night to make sure there isn't a large number of kids outside. He asked at what time would it be reasonable to say no children will be out there playing. Mr. Michael Wojciechowski responded that for sure 9:00 pm would be fine. He said Monday through Thursday they could have the children in earlier, but that Friday and Saturday are the nights when the children have a little bit more energy and need to wear some of that off. Monday through Thursday are the nights we want them to be calm and lay down so by 8:00 pm would be good on those nights, he said. Vice - Chairman Kunioka stated that it would be taken into consideration. Commissioner Bevington stated how fortunate he was to take a look at the facility and see how it was. He stated he was able to get a complete tour of the interior and exterior and where the play area and parking areas were going to be and was extremely impressed for the many years it's been here. I didn't even know this thing existed but it's a marvelous facility, he said. Mr. Wojciechowski stated it's really beautiful right now literally without anything being done. Chairman Lopez opened the public hearing to those IN FAVOR of this application: None. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: Margaret Yesny, at 4917 Earle Avenue, a resident, stated she lives across the street from this project. She said she didn't hear anything mentioned about the traffic on Earle Avenue which is what mostly concerns her, as well as the huge trucks that come constantly up and down the street delivering and picking up. She stated that they never shut their motors off, the smell is awful, and doesn't think it wise for small children to be in a place where they're breathing this smell in the air constantly. She said she used to live in a nice area and that Earle Avenue was a dirt road when she first came there. She continued by stating it is a dead end street with the railroad track there as well, so these huge trucks come up. They can't even find a place to park while they're waiting to get into one of these companies leaving the trucks standing there with this smell of diesel fuel. She stated she can't imagine having children breathing this all day long while they're at the school which concerns me the most. In other matters, she questioned the noise of course, and how bad it would be. My husband and I are both in our 80's and with my husband being handicapped, that requires me to be with him constantly, she explained. She finished by asking if the problem could be addressed and stating it is hard for them to smell the fumes although that is where they live and have to stay. Vice - Chairman Kunioka questioned Mrs. Yesny's main concern not being the school, but the trucks. Mrs. Yesny stated yes. Vice - Chairman Kunioka questioned where these trucks were coming from. Rosemead Planning Commission Meeting: January 7, 2008 Page 5 of 12 City Planner Everling stated it sounded like the trucks were there on stand -by to make deliveries or picks up at the existing businesses. He said that's something that probably would best be handled by Code Enforcement. If we find out which businesses these trucks are servicing, we can then talk to those business owners about permitting these trucks to idle he said. Attorney Plaza stated this sounds like this is and existing problem. Mrs. Yesny stated that there are now 35 businesses up Earle Avenue. She said there are trucks constantly coming and going, even big rigs. She stated that it's hard for her to get out of her driveway anymore and although she isn't blaming the truckers because they have nowhere to go while they wait, it seems like it just gets worse. Chairman Lopez stated he would ask Larry to look into this. He continued by saying he's been here for 31 years and I doesn't recall any business on that site. He said he will look into it and see if they can make changes for the community as well as the school. Mrs. Yesny replied alright. Vice - Chairman Kunioka stated we don't like those trucks anymore than you do. Fabiola Alcon, a resident of Earle Avenue, stated she also lives on Earle Avenue since 1940. She said it was a pleasant street and place to live until building started. She stated that Earle Avenue is one block or shorter and with all the buildings that require cars, it causes too much traffic in the day and at night. She said her house is right next to the building and is only separated by the wall. She said they do not have a speed limit on that street and have never had one since she's lived there. These are the trucks that Mrs. Yesny was talking about she said. Her children are grown up and have left the house, she continued, but grandchildren are coming and that concerns her a lot too. She said although she has a gate in her yard, it's the speed of the cars and trucks that worries the residents there. She said she looked up addresses of people that have businesses there and counted thirty -five. She said there's a lot of cars there because they work there and asked that someone from staff should go and see for themselves that it's not a quiet street. She said that these business owners just work there, can go home to a nice quiet area, and not have to deal with the noise or the smell while they have to live there. That's my only home she's ever known and has lived there for all these years, she said. She said though it might not mean anything to us, she went out and got all the addresses to the businesses on Earle Avenue. She also said with the bakery that recently opened right across the street, there will be more traffic and once the school opens there will be more traffic. She stated that the line of cars will probably be coming from the right off Grand Avenue. She finished by stating it is a really messed up street and hates to say it but does not think it's the right place for another company. Chairman Lopez stated if everyone understood what was going on. He said they'll look at Earle Street and the speed coming off Grand. City Planner Everling stated there may be city laws governing truck routes on local streets. Rosemead Planning Commission Meeting: January 7, 2008 Page 6 of 12 Vice - Chairman Kunioka stated it's residential. City Planner Everling stated yes, usually it's assumed that over -sized trucks should not travel within residential areas. Chairman Lopez stated people are using delivery services in that area. Vice - Chairman Kunioka questioned City Planner Everling about the private driveway as illustrated on the map attached to the staff report. He said he's not sure how they packed 35 businesses into it if there is a private driveway. City Planner Everling stated it's more of a private driveway. Chairman Lopez questioned who it was private to? City Planner Everling responded it would be private to the land owner. Vice - Chairman Kunioka stated that it's inappropriate for semi - trucks to come up a local street. City Planner Everling stated that they can look into that Mrs. Alcon stated we know where the trucks are coming from, but wanted to wait until tomorrow to talk to you about it. Chairman Lopez asked Mrs. Alcon to come up and speak. Ms. stated on Earle Avenue, there is a building by the tracks which a man who cooks chili owns. She stated that rigs come Monday through Monday to deliver chills and tomatoes at all hours, even at 3:00 am. She said that's the smell that Mrs. Yesny was trying to let us know about. She said she wanted to talk to us in private about it, and told Mrs. Yesny it's part of what they're doing. Vice - Chairman Kunioka responded he thinks it is an inappropriate time. He said, It's not specifically for the applicant because it's not the applicant's trucks who are idling but, as a concern to them, apparently this will be the place to present it. Ms. Fabiola Alcon stated that's the only thing that is there. She said the street is too small for all of these people and cars that drive fast to and from work. City Planner Everling stated he believes that there is an ordinance in place that the City has prohibiting oversized vehicles on local streets. He also said they may be in violation. Vice - Chairman Kunioka stated they may want to investigate. Ms. Alcon stated that they better look into this because the owner's are able to go home and have a quiet night to sleep while they cannot. She also stated that like Mrs. Yesny, her husband is 80 years old; they're old. She said that she thinks because of the refrigeration, they leave these trucks running during the night, which happens to be by her window and at Rosemead Planning Commission Meeting. January 7, 2008 Page 7 of 12 their age it's hard to tolerate the noise and smell. Vice - Chairman Kunioka stated he doesn't think the trucks can deliver along a local street and doesn't think it's appropriate either. City Planner Everling stated it's not appropriate. Chairman Lopez asked if anyone else would like to speak? 0i- Chairman Lopez closed the public hearing to the public and opened the public hearing to the Commissioners. Vice - Chairman Kunioka stated that there was a mistake on the Traffic Study which was not done by the city. He stated that on page 8 of the Traffic Study where it says Montebello Line 20 through San Gabriel Boulevard passes once every 15 minutes is incorrect and should be once and hour. He said it's a mistake he sees often because the Traffic Study does not pick up the correct Transit route. Chairman Lopez asked if anyone else wished to address the staff or applicant. Attorney Plaza questioned if the drop -off location was on Earle Avenue. Mr. Wojciechowski replied that he anticipates that the parents will come into their property and pull into the back area where the drop -off and pick -up area revolve. Attorney Plaza questioned if they even come near Earle Street at all? Mr. Wojciechowski responded just to access our property. He stated there's four or five spaces in the front of the property and approximately eighteen in the back so those would be the two entrances in the front. He also said in the rear there is one near the playground parking area. Vice - Chairman Kunioka stated he liked the required sign -in and sign -out for the children, so that there will not be cars lined up in the front. He said there is no reason for that since they have to get out of their car to sign their child in and out. Mr. Wojciechowski stated correct. He said with the majority of the parking in the back, if there are extra parents lined up sort of waiting for an open space, they're going to line up in their property. He stated it's over 300 ft. which will provide a long queue for parents if they're waiting for someone to get out of the car and leave all on their property. Vice - Chairman Kunioka stated he also liked the shuttle service Mr. Wojciechowski offers so that the parents won't have to drive there since the vans will be bringing them to the front. He said he didn't know whether they'd bring the parents back to the parking lot though. Mr. Wojciechowski stated on the truck issue there was a law that the state passed last year Rosemead Planning Commission Meeting: January 7, 2008 Page 8 of 12 on idling commercial vehicles. He said since they have their own vans and buses, they have to comply with all those laws and get inspected. He continued by saying he thinks the vans and buses can only idle for like three minutes with the brand new law that they passed last year. Vice - Chairman Kunioka moved for approval with consideration of a condition closing off the outside area by 9:00 pm. City Planner Everling stated if the Commission wishes to do so then definitely include that in your Motion if you want to add it as a condition. Vice - Chairman Kunioka stated that 9:00 pm sounds reasonable. Mr. Wojciechowski stated that's fine. He questioned one condition that staff typed up which he wanted to modify slightly. He stated that the one hundred children limitation on the weekend is listed as starting at 5:00 pm on Friday. He said that might be a bit early to get down to that hundred mark and would like that revised to maybe 6:30 pm. MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER BEVINGTON TO APPROVE CONDITIONAL USE PERMIT 07 -1109, WITH MODIFICATIONS TO CONDITION 24, REFLECTING THE CHANGE OF TIME ON FRIDAY FROM 5:00 PM TO 6:30 PM. Vote results: YES: BEVINGTON, CAM, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 4. CONSENT CALENDAR — These items are considered to be routine actions that may be considered in one motion by the Planning Commission. Any interested party may request an item from the consent calendar to be discussed separately. A. Approval of Minutes — December 3, 2007 Commissioner Bevington discussed two items. He stated Chairman Lopez was not present at this meeting, so in two areas where it states "Chairman Lopez" should be replaced with "Vice- Chairman Kunioka." He also stated page 8, paragraph 5 should say "He said the troublesome thing is the line of sound not line of sight." Vice - Chairman asked for a motion for approval of the other items on the Consent Calendar. MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER VUU TO WAIVE FURTHER READING AND ADOPT CONSENT CALENDAR. Rosemead Planning Commission Meeting: January 7, 2008 Page 9 of 12 Vote results: YES: NO: ABSENT: ABSTAIN BEVINGTON NONE NONE LOPEZ CAM, KUNIOKA, AND VUU Chairman Lopez declared said motion duly carried and so ordered. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Chairman Lopez questioned about the Garvey Chicken Factory. He said they tend to double park along that street to try to get in and get the first chickens. He stated the city needs to do something about that. City Planner Everling questioned if it was double parking on Garvey. Chairman Lopez stated he thinks that it was between Muscatel and Rosemead Place. He said there's a chicken house with fresh chickens and they need to look into the double parking situation. City Planner Everling questioned if there was a certain time Chairman Lopez seen this happening around. Chairman Lopez replied it happens right around 3:00 pm or 4:00 pm. Jim Flournoy, from the audience, stated it happens all day long. Chairman Lopez stated it happens all day long but during those hours, it seems to be the heaviest. Vice - Chairman Kunioka stated for the stuff they've talked about, he'd like to follow up and be updated on. Chairman Lopez questioned if there was anything else for staff? Jim Flournoy, from the audience questioned about the project on Valley. City Planner Everling responded that the project has been put on hold by the applicant. He said the architect requested that the project be put on hold and clarified it was on Rio Hondo; the Tammy Gong project. He stated it was never put on the agenda and was actually just requested by the applicant that project be put on hold. He continued to say he doesn't know when that project is coming back. Rosemead Planning Commission Meeting. January 7, 2005 Page 10 of 12 A woman from the audience questioned about property maintenance. Chairman Lopez replied we are looking into that. He said that's something we've been talking about for some time and I know Code Enforcement's job is not to cite but to pass it to the City Attorney; their job is to cite if they want to. He stated he thinks they need to step it up a little more and have the Sheriff or a designated officer that will drive through the city and if they see something that is illegal, they can cite on the spot. He continued by stating it's been going on for the last few years. He also said they've been talking to the city trying to get approval for something like that throughout the City of Rosemead we need to look into that. City Planner Everling stated that the city just adopted a property maintenance ordinance. Attorney Plaza stated things have been on hold for a while pending the adoption of the maintenance ordinance. City Planner Everling stated the ordinance won't go into effect until 30 days after the adoption by the Council. Chairman Lopez stated this is something we have been talking about. Vice - Chairman Kunioka stated that he noticed the next Planning Commission Meeting was scheduled for Wednesday and had specifically cleared his schedule Monday and Tuesday nights for the meetings. He said he will not be able to attend and wanted his absence excused. Chairman Lopez questioned if the day was wrong. He stated usually they push for Tuesday, but City Council meeting so they scheduled it for Wednesday. He said we should vote to skip this meeting because he may not be around himself. He questioned if the agenda would be full at that time. City Planner Everling stated that we have already sent out notices for some mitigated negative declarations and in those notices actually specified that date. Chairman Lopez stated that he'd change his schedule and that changing the meeting to the next day is okay, but again he's very active with other communities. From the audience, a woman stated she could sit in for Chairman Lopez. Vice - Chairman Kunioka stated he will not be able to attend. 6. MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF 7. ADJOURNMENT Rosemead Planning Commission Meeting: January 7, 2008 Page 11 of 12 Chairman Lopez adjourned the Planning Commission Meeting at 8:20 p.m. MOTION BY COMMISSIONER CAM, SECONDED BY COMMISSIONER VUU TO ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. ME /AG Rosemead Planning Commission Meeting: January 7, 2008 Page 12 of 12