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PC - 10-06-08CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES October 6, 2008 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was called to order by Chairman Lopez at 7:00 p.m. in City Hall Council Chambers at 8838 E. Valley Blvd, Rosemead. Commissioner Gay led the Pledge of Allegiance. Vice - Chairman Kunioka delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice - Chairman Kunioka, Commissioners Gay and Vuu ABSENT: Commissioner Cam EX OFFICIO: Agaba, Bermejo, Everling, Lockwood, and Yin 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS: Attorney Yin explained the public hearing process and the right to appeal Planning Commission decisions to the City Council. 2. PUBLIC COMMENTS FROM THE AUDIENCE Chairman Lopez asked if anyone would like to speak on any items not on the agenda, to step forward. None. 3. 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 — September 15, 2008 Chairman Lopez asked for a motion for approval of the items on the Consent Calendar. Commissioner Kunioka had 2 corrections on page 7. Chairman Lopez asked for a motion for approval with corrections. MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER VUU TO WAIVE FURTHER READING AND ADOPT CONSENT CALENDAR. Rosemead Planning Commission Meeting: October 6, 2008 Page 1 of 24 Vote results: YES: GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: CAM ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 4. PUBLIC HEARINGS A. Design Review 08 -05 And Conditional Use Permit 08 -05 — The City has received Design Review and Conditional Use Permit applications from Arad Kenderian of Valley Auto Services proposing to expand an existing auto repair facility and refurbish his existing commercial property in order to rehab and improve the physical appearance of the site. PC RESOLUTION 08 -25 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 08 -05 AND DESIGN REVIEW 08 -05 TO ALLOW EXPANSION OF AN EXISTING AUTO REPAIR FACILITY LOCATED AT 8737 VALLEY BLVD. (APN: 5391- 007 -020). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 08 -05 and Design Review 08 -05 for a period of one (1) year and adopt Resolution 08 -05, subject to conditions outlined in Exhibit "B" attached hereto. Presentation: Associate Planner George Agaba Chairman Lopez asked if there any questions for staff. Vice - Chairman Kunioka questioned if there was another facility like this that proposed a two - story auto repair shop in the City. Associate Planner Agaba stated that the second floor facility will provide extra storage indoors instead of having everything outdoors. Vice - Chairman Kunioka questioned if there is a current condition of approval for outside storage or if this is a new issue. Associate Planner Agaba stated there is a current condition that requires the applicant to have all materials stored in the building. Vice - Chairman Kunioka stated before we consider adopting this condition there is a current condition that prohibits outdoor storage. City Planner Everling stated there is a standard condition that mentions no outdoor storage for commercial buildings, and that it is typically only allowed in the industrial zone. Rosemead Planning Commission Meeting: October 6, 2008 Page 2 of 24 Vice - Chairman Kunioka questioned, so it is already a condition? City Planner Everling stated yes. Chairman Lopez questioned if the applicant has been cited previously for outdoor storage. Associate Planner Agaba stated no and that the applicant has not had any problems with code enforcement. Commissioner Vuu questioned what is the standard size for a trash enclosure because this one seems too small for just one? Associate Planner Agaba stated the standard size requirement is 10' X 6'. City Planner Everling stated that the second story of the property will be used for storage only. Commissioner Vuu questioned if there was a standard size. City Planner Everling stated yes there is a standard for trash enclosures and it is also based on input from Consolidated Disposal. Senior Planner Bermejo read the code requirement. Commissioner Gay questioned what other materials other than tires are going to be brought in for storage in a 2,275 square feet second floor space? Associate Planner Agaba stated the applicant has only mentioned tires and the applicant is present to answer that question. Vice - Chairman Kunioka stated that he understands the building to be 28 feet tall and 53 feet away from the adjoining residents to the north, how large will this structure appear? Associate Planner Agaba stated that the existing alley is 20 feet wide and the proposed building is set back 20 feet, so there will be a buffer of 40 feet and it is not directly adjoining the residential so there is no significant impact of privacy issues. Vice - Chairman Kunioka stated there are no windows on the north side of the building and he is trying to figure out how the angle of the building would appear. City Planner Everling stated he thought the single family homes behind the shop are elevated. Associate Planner Agaba stated yes they are. City Planner Everling stated the wall between is also a retaining wall. Commissioner Vuu questioned, can a condition be added to have a self - closing trash enclosure? Rosemead Planning Commission Meeting: October 6, 2008 Page 3 of 24 City Planner Everling stated yes, a self - closing, self - latching door enclosure condition could be added. Chairman Lopez stated we will now open to the public. Matt Jeng, Architect, 713 W. Duarte Rd., Arcadia, and Arad Kenderian, Owner, 8737 E. Valley, stated they are there to answer any questions that the Planning Commission may have. Mr. Jeng stated that Mr. Kenderian, the owner of this business has been here for a few years in the community and they have been working with the Planners. Mr. Jeng stated the trash enclosure condition was fine and as far as storage goes, the business is mostly tires and the tires will be the majority of what is stored. Mr. Kenderian stated that a few auto parts but mostly tires will be stored on the second floor of his business. Chairman Lopez asked Mr. Kenderian wanted to open up the bay and use the space on top for storage. Matt Jeng stated that the repair area does not increase too much in size so there will not be much waste generated and that is why they have the minimum trash enclosure size. Vice - Chairman Kunioka questioned how will tires be disposed and whether customers get charged a fee. Arad Kenderian, applicant stated yes there is a disposal fee for tires and tires get picked up by an outside company. Commissioner Gay questioned if the tires that need to be disposed will be stored upstairs until they get picked up. Arad Kenderian stated they have room downstairs and if they need to use upstairs they will until the tires get picked up. Chairman Lopez stated the direct question is the tires will not be stored outside and when they get picked up they will be inside. Arad Kenderian stated that is correct. Commissioner Vuu stated he has concerns with safety due to not enough outdoor lighting. Matt Jeng, Architect pointed out the lighting fixtures to the Commission and pointed out 6 light structures and emphasized the entrance. Chairman Lopez stated anyone else wishing to speak in favor of this project. Brian Lewin, 9501 Ralph Street, a resident stated the trash enclosure should also be locked so the public cannot have access to it. Mr. Lewin stated this is an auto repair facility and he is also concerned where fluids such as oil, coolants, fuel, will be stored. Rosemead Planning Commission Meeting: October 6, 2008 Page 4 of 24 Associate Planner Agaba stated during the process of this application staff contacted the City's Consultant who is in charge of NPDES and he indicated because this is an existing project it would not require any additional NPDES permitting, however it is subject to Los Angeles County Health Department requirements. Brian Lewin stated he is requesting that a condition be added prohibiting the fluids to be stored outside or alternatively, if they are stored outside they will be in contained properly contained in a contained environment, so there will be no possible of run off into storm drains and that cars will not be worked on outside. Chairman Lopez questioned the applicant if they would like to address any of these issues that have been brought up. Arad Kenderian stated the Fire Department regulates oil storage and other fluids that are processed. Chairman Lopez questioned applicant if anything was stored outside the facility. Arad Kenderian stated no, there is not. Brian Lewin stated that the Fire Department really doesn't care about storm water regulations. Chairman Lopez stated as long as we have our conditions that is how we will monitor it. Chairman Lopez asked if there was anyone else wishing to speak in favor of this project. Seeing None. Chairman Lopez stated anyone wishing to speak against this project. Barbara DeLory, 4030 Bartlett Avenue, stated she is not sure if she is against this project and that she just received the letter and after listening to presentation she wanted clarification with the amount of square footage for storage. Associate Planner Agaba stated there are two storage areas one on the first floor and one on the second floor. Barbara DeLory stated that there is a lot of storage. Associate Planner Agaba stated the applicant needs a lot of storage for tires and that the lot size is small and there is no room for expansion that is why he would like the second story. If the applicant was to expand he would lose parking space. Barbara DeLory questioned if there was going to be junk cars behind the building like there is now? Rosemead Planning Commission Meeting: October 6, 2008 Page 5 of 24 Associate Planner Agaba stated that there is a condition that states that vehicles, vehicle tires, vehicle parts and equipment cannot be stored outside. No outside storage at any time. Barbara Delory questioned if the trash bin will be inside a gate? Chairman Lopez stated yes it will be in a separate enclosure. Barbara Delory stated that she took some digital pictures and she was not able to bring them but when you look from the alley the back fence is full of trash. She also stated that you can see nothing but trash, junk cars, tires, and drums. Associate Planner Agaba stated the proposal is to clean up the facility. Barbara Delory questioned whether there will be any storage of cars outside at all. Associate Planner Agaba stated no, as long as applicant complies with the conditions of approval. Barbara Delory stated there are conditions that are now in place that they are not following. Associate Planner Agaba stated the proposed development is to clean up the property; the applicant will have to improve the landscaping, restripe the parking lot, remove the junk, install a trash enclosure, and remove and replace the fence on the north side, once all the improvements are done it will improve the neighborhood. Barbara Delory questioned the access to the alley and asked if the building will be built right next to the alley? Associate Planner Agaba stated there will be a gate in the middle and the building is about 40 feet from the alley. Vice- Chairman Kunioka stated that there is 35 -foot building set -back. Associate Planner Agaba stated yes there is 35 feet plus 20 feet to alley so there is a total of 55 feet. Barbara Delory asked did I hear that there would not be any exterior lighting. Chairman Lopez stated there is in front of the business, sides, and some to alley. Barbara Delory stated she walks in that alley in the evening and she would appreciate lighting. Associate Planner Agaba stated there is lighting in parking lot. Vice - Chairman Kunioka questioned if it illuminates the alley? City Planner Everling questioned if there were any wall packs going on that north elevation? Rosemead Planning Commission Meeting: October 6, 2008 Page 6 of 24 Associate Planner Agaba stated no there is no lighting proposed for the second floor elevation. There is a light pole in the northwest corner of property about 15 ft. to the alley and 14 ft. from the back gate. There should be adequate lighting but if the Planning Commission would like to add a condition to add lighting to the north elevation it may impact the neighbors. City Planner Everling stated the Commission could also increase the wattage of the parking lot light. Vice - Chairman Kunioka stated that we don't want glare but there is some concern about illuminating the alley, and questioned if that something we would like to do. City Planner Everling stated it would probably be better to increase the wattage of the parking lot lighting. Commissioner Vuu questioned if it was possible to put a light by the gate? City Planner Everling stated it may be possible to move the light pole closer to the property line adjacent to the alley. Associate Planner Agaba stated the light pole could be moved closer to the property line and seeing there is no residential it could light up the whole alley. Chairman Lopez questioned if the alley had lighting at all right now. Associate Planner Agaba stated no. Chairman Lopez stated if we put lighting it will have to be low recessed because we don't want glare into neighbor's properties. City Planner Everling stated the light can be shielded to go downward. Chairman Lopez stated if we are going to do this we need to do that because we do not want light to go into residential we strictly want it to go into the alley. Barbara Lelory stated she has some concern of seeing people during late hours of the evening doing some sort of social gathering two to three times a week in the parking lot and office of the Auto Repair Facility. Chairman Lopez directed Barbara Lelory's concerns to applicant and asked if they would like to respond. Arad Kenderian, applicant stated that they have a foosball table and a few friends come to play foosball on occasion. Matt Jeng, Architect, 713 W. Duarte, Arcadia, stated he thought the purpose of the lighting was not to spill over the fence and that is why they choose the low sodium fixture which is more expensive. He also stated he did not feel it was the property owner's responsibility to light up the alley. Rosemead Planning Commission Meeting: October 6, 2008 Page 7 of 24 Chairman Lopez stated that he agrees with that statement. Vice - Chairman Kunioka stated it is a potential security matter for your property and the one behind you. City Planner Everling stated it makes for good planning sense to require lighting of the alley. Vice- Chairman Kunioka stated maybe we can figure out the number of fixtures and deploy the light bulb fixtures. City Planner Everling stated there is a couple of ways you can do it; you could increase the height of the light pole or change it from low pressure sodium to metal halide, which is much brighter and keep the height where it is at. Chairman Lopez questioned the applicant if access for deliveries was going to be from the alley or strictly from Valley Boulevard. City Planner Everling stated it is one way drive aisle from Valley to the alley. Chairman Lopez stated then that justifies why we need lighting, you will have access with people coming out into the alley Commissioner Vuu stated there may be people walking in the alley. Chairman Lopez stated we may need lighting for that purpose and applicant can work with staff on how much lighting will be needed. Chairman Lopez asked if there was anyone else wishing to speak against this project. None Chairman Lopez asked if there are any other questions for staff. Commissioner Vuu stated he did not see a condition for surveillance, and questioned if surveillance was only required for commercial uses and not for office uses. Associate Planner Agaba stated that it is a standard condition for more security sensitive projects, but if the Planning Commission would like to add camera surveillance to conditions, they could. Chairman Lopez questioned if the front entrance is going to be closed off or is it going to be wide open like it is now. Associate Planner Agaba stated yes it is, they are proposing a gate but it will not be that tall, applicant has indicated he does not want a fence along Valley Boulevard. Chairman Lopez asked if the gate is still going to be open like it is now Rosemead Planning Commission Meeting: October 6, 2008 Page 8 of 24 Associate Planner Agaba stated yes it is. Chairman Lopez questioned the applicant if he has had any problems with break -ins or issues like that in regards to whether they will need surveillance cameras or not. Arad Kenderian, 8737 Valley Boulevard, applicant stated he has not had problems with break -ins. Chairman Lopez questioned the applicant if he really did not have an issue with break -ins. Arad Kenderian stated no. Chairman Lopez stated since applicant has been there for 15 years with no cameras and has had no problems maybe we can leave it open and if there is a problem we can bring it back and require security cameras but at this time we don't really need them. Arad Kenderian applicant stated he might do the cameras anyway. Chairman Lopez stated they are considering making it a condition. Vice - Chairman Kunioka stated that he recalls seeing cars parked behind the auto shop and questioned the applicant if the expansion were to happen, would you let cars park back there or will you be surprised to get cited. Arad Kenderian applicant stated that sometimes cars will be parked for just a little while. Vice - Chairman Kunioka questioned if he means overnight parking will be allowed. Chairman Lopez questioned if will it would be long term parking like for 6 months. City Planner Everling stated the condition states no outdoor storage at any time. Chairman Lopez stated that applicant will be parking and working on vehicles indoors only Arad Kenderian, the applicant, stated yes only indoors. Vice - Chairman Kunioka stated lets make sure we have all the conditions we are trying to add before we make a motion to approve. One was the self - closing and self - latching lock trash enclosure and locked overnight; make sure all storage and work is inside the building, and lighting of alley especially by the rolling gate. Commissioner Gay stated the issue of making sure the waste materials like oil and things like that are stored in proper containers and properly disposed of and no work is to be done outside on the vehicles. MOTION BY COMMISSIONER VUU, SECONDED BY COMMISSIONER GAY TO APPROVE Conditional Use Permit 08 -05 and Design Review 08 -05 Subject to Conditions. Rosemead Planning Commission Meeting: October 6, 2008 Page 9 of 24 Vote results: YES: GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: CAM ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. B. Zone Change 05 -223 — First Evangelical Church of San Gabriel is proposing a satellite parking lot on an existing Southern California Edison (SCE) right of way, located on the south side of Marshall Street between Earle Avenue and Rockhold Avenue. The parking lot will provide 148 off - street parking spaces for Church members and guests, which will eliminate the need to park on public streets adjacent to and in the immediate vicinity of the Church. First Evangelical Church is located at 3658 Walnut Grove Avenue, approximately two blocks east of the project site. PC RESOLUTION 08 -26 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 05 -223 AND RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE SOUTHERN CALIFORNIA EDISON RIGHT -OF -WAY LOCATED ON THE SOUTH SIDE OF MARSHALL STREET BETWEEN EARLE AVENUE AND ROCKHOLD AVENUE (APN: 5371 - 013 -801). Recommendation — Staff recommends that the Planning Commission ADOPT Resolution 08 -26 and that the Planning Commission recommend that the City Council APPROVE Zone Change 05 -223 and ADOPT the mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit G, as well as staff's recommended mitigation measures, attached as hereto as Exhibit B. Presentation: Senior Planner Sheri Bermejo Senior Planner Bermejo stated her, along with the Architect, and Phil Martin & Associates are available to answer questions. Chairman Lopez asked if there were any questions for staff. Vice- Chairman Kunioka questioned if the lighting was going to be operated 7 days a week or just on Friday nights. Senior Planner Bermejo stated no just on Friday evenings. Vice - Chairman Kunioka stated that looking at the staff report and the Mitigated Declaration it looks like there really is not a need for extra parking on Friday nights. Senior Planner Bermejo stated that is correct, according to traffic studies there is currently enough on -site parking for Friday nights. Rosemead Planning Commission Meeting: October 6, 2008 Page 10 of 24 Commissioner Gay stated in reading the MND they mentioned that there is a covenant to hold the three Southern California Edison parcels as one. Senior Planner Bermejo stated that is correct, the purpose of the mitigation measure is to reduce Hydrology and Water Quality impacts. The project proposes to install a storm water collection system to collect and treat the first % of an inch of surface water runoff from the parking lot, as required by law. In order to eliminate the potential impact due to increased surface water flows from the parking lot into the adjacent nursery, the project will have to control both parcels with a covenant. The church has to be in control of this entire parcel. If the Church lost control of all parcels, and there was an increase or change of water flow, they would be in violation of the National Pollutant Discharge Elimination System. Commissioner Gay questioned if there are a total of 3 parcels. Senior Planner Bermejo stated they are three tied parcels. Commissioner Gay asked Senior Bermejo if she could point out the three parcels. Senior Planner Bermejo stated that in the staff report, on page 18, Exhibit "D" indicates the property lines. Commissioner Gay stated he sees them and questioned if the % of an inch of rainfall would flow to the existing nursery property. Senior Planner Bermejo stated yes, and the remaining water from the nursery will eventually flow to the catch basin storm drain. Commissioner Gay questioned, so it will run off into the storm drain eventually. Senior Planner Bermejo stated yes, that is what is taking place today. Vice- Chairman Kunioka asked if it is not feasible to use that water for ground water. Senior Planner Bermejo stated she would have to refer that question to her environmental consultant. Commissioner Gay stated that was the same question he had and if we could get an impermeable area to catch the extra water on to this other lot to minimize the amount of water run off for recharge. City Planner Everling stated that he and Senior Planner Bermejo had a discussion about this same issue and they had a discussion with the Fire Department of allowing the use of decomposed granite (DG) for the parking area which is just rocks but the Fire Department would not allow that due to compaction. They would not achieve the necessary compaction for fire trucks. Commissioner Gay stated what he was referring to was the east and west area by Olney and staying off the access road to catch additional water for treatment or try to get it back in. Rosemead Planning Commission Meeting: October 6, 2008 Page 11 of 24 Senior Planner Bermejo stated this is a pervious area, it is dirt and water will naturally soak back into this area. Commissioner Gay stated so there will be minimal water run off. Senior Planner Bermejo stated that is correct. Chairman Lopez questioned is that sand soil or hard clay soil? If it is hard clay soil that means it will just sit more and not absorb into the ground quickly. Senior Planner Bermejo stated she did not have that information with her. Vice - Chairman Kunioka stated since this has been used as a plant nursery and has been compacted for some time. Chairman Lopez stated this is a big thing for just a Sunday use, how many parking spaces are we asking for. Senior Planner Bermejo stated they are asking for 148. Chairman Lopez questioned how many do they have now existing north of the school they use. Senior Planner Bermejo stated they have a total of 136; there are 32 on the church site and 104 across the street on the North Campus. Chairman Lopez questioned, that does not accommodate their activities. We are talking close to 200 spaces for a Sunday, and now we are adding another 148. We are looking at a total of maybe 600 people showing up for a Sunday afternoon. Senior Planner Bermejo stated the parking study documents state that there is currently parking on Marshall Street and along Walnut Grove and the purpose of the parking lot is to take the parking off the street and put it in a parking lot. Chairman Lopez stated, and now we are adding more pollution from the cars to the community in that area and that is a concern. Commissioner Gay stated you are looking at 10' /z hours of usage in a week. Vice - Chairman Kunioka stated there are 136 spots on the campus parking that is a lot of parking and then there is street parking based on the traffic counts. To add another 148 parking spots seems like a lot and it seems that people would rather park next to Church rather than across or down the street. Chairman Lopez stated the shuttle probably would not be used. Vice - Chairman Kunioka stated he really did not see the need for an additional 148 spaces and suggested that maybe they could find somewhere else for cars to park. He also Rosemead Planning Commission Meeting: October 6, 2008 Page 12 of 24 questioned if the parking lot was redesigned or restriped will they have to go through the City for example if they stack their parking? Senior Planner Bermejo stated they would have to leave that open to have Fire Department access. Vice - Chairman Kunioka stated the other place for potential parking is by Janson School and question if there is a possibility of that project. Senior Planner Bermejo stated you can confirm with applicant but she believed they were already using a portion of the schools parking. Chairman Lopez questioned if there are any more questions for staff Chairman Lopez stated we will now open the hearing to the public Chuan S. Wang, (applicant) 802 Prima Vera Rd., Glendora stated he is a spokesperson for the Church and he has reviewed the staff report and his concern was the limit on Friday and Sunday. For Special Events he would like to request to go by "case by case ". Vice - Chairman Kunioka stated in terms of parking you have already explored other options. Chuan S. Wang stated yes they already use Janson School for parking and in regard to the traffic count study; it may have been done when church members met at homes instead of at church. He definitely feels there is a parking shortage and 148 additional parking spaces will meet the current need and give us a little more room for expansion in the next couple of years. Chairman Lopez asked if the applicant has different meetings and questioned if they were meeting every day of the week? Chuan S. Wang responded no. Chairman Lopez questioned are the 136 parking spaces all used for your meetings. Chuan S. Wang stated yes. Commissioner Vuu stated his concern is that the Church Members are not going to use this parking lot and will want to park close to the Church so how will the Church address that the members not to park on the street and use the parking lot. Chuan S. Wang, applicant stated that his goal would be to educate his members to use the parking lot instead of curbside parking. Commissioner Gay questioned how many members are in the congregation. Chuan S. Wang, applicant, stated there are over 700 on Sunday. Commissioner Gay questioned how many different services are offered on Sunday. Rosemead Planning Commission Meeting: October 6, 2008 Page 13 of 24 Chuan S. Wang, applicant, stated 2 services, one in English and one in Mandarin. Commissioner Gay questioned how long are the services? Chuan S. Wang, applicant, stated the services are usually are 1'/= hours. After the service, people usually stay for lunch. We also have Sunday school. Vice - Chairman Kunioka stated there was concern that not all the members of your congregation are from Rosemead, and questioned how many members from your congregation are from Rosemead. Chuan S. Wang , applicant, stated he was not sure of that status, they are an ethnic church and there are members from Arcadia and Temple City, but most of the congregation is from Rosemead. Vice - Chairman Kunioka stated there are houses on the east and west of the property line and the Nursery is secure, there are camera's focused on the entrance, and questioned the applicant if they were considering installing security monitoring? Chuan S. Wang, applicant, and stated yes we can consider it. Vice - Chairman Kunioka asked if the perimeter wall is a little higher maybe 8 ft. instead of 6 ft. the residents may feel a little safer, but only if residents wanted it. Commissioner Gay stated the Oleander Plant is poisonous and it is fast growing, but questioned if there are any other options you would have other than Oleander. Simon Lee, Architect, 140 W. Valley Blvd., San Gabriel, stated that the Oleander Plant is poisonous and that trees could not be under power lines, but yes there could be other options. Vice - Chairman Kunioka questioned if trees are not allowed under power lines, is there a maximum height that is allowed to grow there? Simon Lee, Architect stated 15 ft. is the height limit established by Southern California Edison. Vice - Chairman Kunioka asked if there was turf proposed under the power, lines. The presentation board looks like there is grass. Is it going to be grass? Simon Lee, Architect stated yes it is going to be grass. Commissioner Vuu stated that he noticed that the existing parking lot on the North Campus it is not very well maintained. Chuan S. Wang, applicant stated that is part of the mitigation measures we want to improve the landscaping. Mr. Wang stated the purpose of this parking lot is to have members not Rosemead Planning Commission Meeting: October 6, 2008 Page 14 of 24 park on the curbside, the parking lot will have one van at all times to drive members to church so they will not have to walk. Commissioner Gay questioned if, Southern California Edison is coming in with a 66 KB Line on the right hand side of the property Michael Orduno, Southern California Edison, 2104 Vista Del Sol, Chino Hills, stated no in the future they will be bringing in 220 kV line one on the west side, and that there is a vacant line, down the middle and that there is 66 kV on the edge of the 220 kV. Commissioner Gay questioned what is the height of your 66 kV cable? Michael Orduno, SCE, stated the 66 kV cable is probably 70 -80 ft. high. Commissioner Gay questioned if the Tehachapi Renewable Line will be coming through this property. Michael Orduno, SCE, stated there will be a future 220 kV on a vacant tower. Commissioner Gay questioned will there be a 100- foot., footprint around the base? Michael Orduno, SCE, stated it will remain the same, as how it exists now. Commissioner Gay stated that should be about 50 ft Michael Orduno, SCE, stated that he noticed most of the concerns are about parking on the street and he has been working on this project for about 4 years now and is in favor of this project, but if he was a member of this church and saw that the church was spending all this money for the parking lot he would make sure all the members used it. Vice - Chairman Kunioka questioned if the lease were to end, would the property return to its pre- existing condition. Michael Orduno, SCE, stated the lease was 45 years with a couple of 10 year options he is not sure, but if they would be required to return the property, it would go back to its original condition. Vice - Chairman Kunioka stated that in the past there have been efforts to try to build parks and his impression was that Southern California Edison was not particularly agreeable of these proposals. Michael Orduno, SCE, stated that they started a Secondary Land Use Program about 10 years ago, they were almost bankrupt and it was another way to generate millions of dollars. We have gone through that phase and now we have brought in the new Tehachapi line, we have about 125 projects that we had agreements on so we are honoring those agreements. We are working with cities and environmental people to put in parks now. Chairman Lopez questioned it there was anyone wishing to speak in favor of this project. Rosemead Planning Commission Meeting: October 6, 2008 Page 15 of 24 Seeing None. Chairman Lopez questioned if there was anyone wishing to speak against this project. Albert Aragon, 3638 N. Earle Avenue., stated this project is going to affect his family on Earle Avenue and stated that he thought that the Edison Company had a law that prohibits building under their wires. He knows that this project was turned down once and he would like an explanation. The Fire Department turned it down and they are not here. Vice - Chairman Kunioka stated that the general policy is they do not allow permanent structures. City Planner Everling stated that is correct the Fire Department does not allow permanent structures under the power lines. Albert Aragon, a resident stated that there are two grammar schools nearby St. Anthony's and Janson School and the traffic is so bad in the morning and afternoon that you cannot even drive. He also states that he is against this proposed parking lot. Michael Orduno, SCE, stated that Southern California Edison does allow parking underneath our lines we do it for colleges, schools, and auto dealerships. Albert Aragon, resident stated he did not know that and thanked Mr. Orduno. Lucille Aragon, 3638 N. Earle Avenue, a resident stated she has been living here for over 50 years and enjoys her peace and quiet. She also states that the cars and lights will disturb her peace and quiet, she is against this project and her neighbors are also. She feels that the church does not need it for twice a week and the Church members already park in the street. She also states her neighbors could not come to this meeting because they are sick or did not have a ride. On Sundays the streets are full but there are a lot of streets for them to park on. People at the nursery are going to lose their jobs and she is there in behalf of them also. Where are they going to go without their jobs? Female Resident, 8549 Walnut St., stated that she has been a resident here for 30 years and she does agree that there is a problem on Sunday mornings with traffic. Her driveway is blocked on Sunday's due to parking on the streets. Her concern is on Friday nights from 7:00 to 10:00 p.m. there may be loitering in the parking lot by kids or strangers. She has no problem with Sunday morning because there is light and there is no need to be concerned about safety. Another concern she has is that why would someone want to wait 15 minutes for the van shuttle when they can park on Marshall and be at the Church within 5 minutes. She also feels there is no need for the parking lot on Friday nights. There may be graffiti written all over the wall or someone's house getting broke into, what are the chances of someone attending that parking lot 24/7 or cameras being installed at this parking lot? Chairman Lopez questioned if anyone else was wishing to speak against this project. None. Rosemead Planning Commission Meeting: October 6, 2008 Page 16 of 24 Chuan S. Wang, applicant, stated that we do propose having a security guard on Friday nights to prevent graffiti and loitering. Chairman Lopez questioned if the van will be ran on Friday nights. Chuan S. Wang, applicant, stated not on Friday nights. Chairman Lopez stated so if the van is not run on Friday nights that means they have to walk to the Church. Chuan S. Wang stated he meant yes and the van will run every 15 minutes. Commissioner Gay questioned if 6 -8 passenger will be used. Chuan S. Wang stated they are vans with 8 seats and they will have two vans. Chairman Lopez stated that if this does come to an approval he is requesting that they do not leave the vans running between trips. They need to be shut off so they are not standing idling with exhaust fumes and this should be added to the requirements or you purchase hybrid vehicles. Chairman Lopez questioned that this will only be used on Friday nights and Sunday morning, and if confirmed that if he drives by on a Wednesday, no one would be parked there? There are no other stipulations to use it on other days? City Planner Everling stated only if there is a special event. Chairman Lopez questioned if the lot was used for a special event would they have to come to the Planning Commission for approval. Senior Planner Bermejo stated they added a mitigation measure to allow only Friday and Sunday and we will not allow special events. Chairman Lopez stated so there is not any special events on Friday and Sunday. Chuan A. Wang, applicant, stated they did put in a request for case by case for special events. It does cause some concern if they are not allowed to use it for special events. Chairman Lopez stated he understands that, but special events could be at any given time and the concern here is if you have a weekend event and it is a 3 day event then the usage of that parking lot becomes way beyond what our intentions are. Chuan A. Wang questioned if special events such as holidays are permitted? Chairman Lopez stated he has concerns with this project, the community, the noise, the pollution, and this does not mean he is against this project but he is concerned that this is a lot of money for just 2 days. It is a difficult task to say yes or no. Rosemead Planning Commission Meeting: October 6, 2008 Page 17 of 24 Attorney Yin stated one of the concerns we have with your application for the Special Events is that Special Events consideration was not studied in the environmental report. Senior Planner Bermejo stated it is difficult to analyze impacts created by Special Events. Attorney Yin stated if your application includes the use of the parking lot for Special Events then he would recommend that we actually put this back and bring it back for consultation of staff because this was something that was not in the environmental report. So if you want to deal with the application without Special Events we will proceed. Commissioner Vuu stated he had a question how does staff actually know if persons parking in the parking lot are active members of the congregation. Chuan A. Wang, applicant stated there are a lot of newcomers and it would be difficult to know. Security will be on site and will help with recognizing non - members. Chairman Lopez questioned if the parking lot across the street will be cleaned up, will it be repaved and restriped. Chuan A. Wang stated yes that will get done first, staff has been working very hard Chairman Lopez stated that the security guard be aware of noise when he is there on Friday nights and Sunday, Sunday is a day of rest and one of the neighbors did bring up that they enjoy their peace and quiet. Attorney Yin stated perhaps the Commissioners can require posting signs to keep the noise down in the residential neighborhood and staff can work out the language with the applicant. Chairman Lopez asked for other questions. Commissioner Vuu stated that he had a question for staff there is a mitigation measure for a trash enclosure but, he cannot find an enclosure on the site plan. Senior Planner Bermejo asked for clarification what number is that. Commissioner Vuu stated it is mitigation measure #11. Senior Planner Bermejo read mitigation measure #11 for the record. She also stated there will not actually be a trash enclosure on site. They will actually have to pick up all trash and dispose of it at the church facility. Consolidated Disposal will not be having pick up service here. Commissioner Vuu stated so there will not be service here and questioned if there is a need for it. Senior Planner Bermejo stated no what we will require are trash receptacles but not trash enclosures. She did not feel they would be generating that much trash to use a trash enclosure and the responsibility should be on the church to pick it up and dispose of it. Rosemead Planning Commission Meeting: October 6, 2008 Page 18 of 24 Commissioner Vuu stated what happened to the Northern Campus parking lot, if the church member has the responsibly to pick up it seems that every time he drives by it does not seem well contained. City Planner Everling stated what we are looking at is to put a trash receptacle next to the bus shelter for people that will have trash and they can throw it into the receptacle. The security guard should be responsible for taking the trash on a daily basis. Chairman Lopez stated he had one more question; the church is not going to use the parking lot for storage of vehicles or anything just for parking on Friday or Sundays. Chuan S. Wang stated no. Senior Planner Bermejo stated to clarify one thing the Commission asked if there was going to be grass underneath those towers. The plan actually called for decorative gravel would you like to put in a mitigation measure for sod installed instead. Michael Orduno, SCE, stated they would prefer gravel instead due to equipment ruining the proposed sod. Chairman Lopez questioned if there were any other questions for staff. None. Chairman Lopez stated he needs a motion for approval with all the mitigation measuress that we are asking. Vice - Chairman Kunioka stated on mitigation measure #11 it should say all trash should be removed weekly or on a daily basis. On mitigation measure #22 there is a misspelled word on the 4 th line from the bottom, the first word is misspelled. Add mitigation measure #27 No Idling. Add mitigation measure for to prevent No Loitering. Add a mitigation measure on cleaning up Northern Campus Parking Lot prior to approval. City Planner Everling stated during the process Sheri and I were talking to our Land Use Attorney Joe Montes and that such condition /mitigation cannot be added to this zone change application. Vice - Chairman Kunioka stated he was curious to why this was a Zone Change rather than a Conditional Use Permit application. City Planner Everling stated we were advised that legally we can not condition the clean up of that North Parking Lot in relation to the zone change due to nexus issues. Vice - Chairman questioned if that would be a code enforcement issue? City Planner Everling stated that it is the willingness of applicant to clean it. Vice - Chairman Kunioka stated you would not want to approve it before clean up occurs Rosemead Planning Commission Meeting: October 6, 2008 Page 19 of 24 City Planner Everling stated that would be up to the Commission's discretion Chairman Lopez stated basically this would be a code enforcement issue. Vice - Chairman Kunioka stated in terms of security surveillance, is that something that the Commission can require of the applicant? City Planner Everling stated yes. Vice - Chairman Kunioka stated that he understands the property owner's concerns, it is a residential area and in terms of the 8 ft. tall block wall he is not sure if he is prepared to move on that item. At this point he would tend not to make a motion on this item. He would be inclined to table. City Planner Matt Everling questioned if he was making a recommendation for Denial Vice - Chairman Kunioka questioned if there is a separate issue on the certification of the mitigated negative declaration that is separate from the Zone Change? City Planner Everling stated the Commission would have to make a recommendation to adopt the MND as well as recommend approval of the Zone Change to the City Council, as they both go hand in hand. Vice - Chairman Kunioka stated in the mitigated negative declaration he did not see any discussion about the security issues that we are talking about. He does not know if that is part of CEQA, he read the CEQA documentations elsewhere and he could not tell. City Planner Everling stated under the initial study checklist there is nothing that talks about security camera systems or security lighting. Vice - Chairman Kunioka stated this is not a formal issue Commissioner Vuu stated that he also tends to agree with Vice - Chairman Kunioka in not approving it, he feels there is a need for the parking lot for members but he is concerned for residents too. He feels there is really not a need for this large parking lot and people will park in the street anyway. Chairman Lopez stated so we are looking for a motion for Denial or to Table the item. City Planner Everling stated that to table the item would only mean direction for staff to work out issues with applicant and then come back. If the Commission is having a hard time with this issue then it would more than likely be a recommendation for Denial. Vice - Chairman Kunioka stated he does not want to recommend anything that the neighbors may not want, the mitigation of security issues, and the 8 ft. block wall at the property. Senior Planner Bermejo stated the Rosemead Municipal Code wall height is limited to 6 ft. We can check with our attorney to see if Planning Commission could have authority to increase height limit to set the standards. Rosemead Planning Commission Meeting: October 6, 2008 Page 20 of 24 Attorney Yin stated no. Senior Planner Bermejo stated then a mitigation measure cannot be made to increase the wall height. Attorney Yin stated if you feel new mitigation is proposed by the Commission perhaps the one option would be to Table the item so staff can work with the Community to see if these are addressed on. Chairman Lopez stated he thinks we should bring the Community to this project and get their views and explain what is being done to the walls because it helps us if the Community is okay with it. City Planner Everling questioned if the Commission would want some kind of outreach program for the residents? Most of the residents that live in that area have difficulties with medical issues and would make it difficult for staff and a lot of the people may not want to participate. His concern is that we Table the item and we have the Outreach but we don't get any feedback and then we come back to the Commission without any real answers. Chairman Lopez stated we are getting a lot of new projects coming into our City and some are tied into the Community and this is a good place to start. He is not against this parking lot but he is really excited to get the Community on this. Can we send out notices to the Community to both streets and set up a night and we go to the streets and talk to those people? Let us go ask questions and explain about what they are doing and if they understand a little more they may be okay with it. Attorney Yin stated he is not sure if we can do this, but maybe we can set up a Special Meeting and send notices out. Have transportation available and let residents sign-up and sign waivers. We can discuss the new mitigation measures that are proposed by the Commission and see if it addresses there concerns and if at this point if they don't show up or can't make it or they don't want to show up, then you know you've done all you can directly. Senior Planner Bermejo stated the City did this once where the City worked with the applicant who prepared a mailer and sent out a letter. Staff reviewed the applicant's letter to make sure content was correct and we attached a copy of site plan and other additional information and it was sent to adjacent residents as well. The cost of preparing that should be put on the applicant; staff can verify that the mailer and addressed letter is correct. Chuan S. Wang, applicant, stated we have already done this twice already. Commissioner Gay stated we should go forward with that kind of outreach. It would also be for the Church to come up with a plan on how to keep people from parking on Marshall and those streets. Chairman Lopez stated let's try Sheri's suggestion, let's get information to the community and table it to at least our next meeting. If they respond or don't respond at least it helps us in making a decision. Rosemead Planning Commission Meeting: October 6, 2008 Page 21 of 24 City Planner Everling questioned if they would they continue it to the next meeting again so we don't have to notice it. Chairman Lopez stated yes continue it to the next meeting on October 20 Vice - Chairman Kunioka stated Chairman Lopez would you open the hearing again, he is curious about previous outreach efforts. Chairman Lopez once again opened the item to the public. Vice - Chairman questioned the applicant how he performed outreach and how many people participated church. Michael Orduno, SCE, stated there were two outreach efforts held on Saturdays. They were at the Church and they had a large spread of pastries and fruit. The traffic area and landscaping was shown and there were very few residents who did show. The City wanted it done again and then there were even less residents that showed at that one, there was only one that showed. He does not think it will work trying to do the outreach program again. Chuan S. Wang applicant also does not think it will work, they did it twice already and one time they only had one person show up. Chairman Lopez stated this project was started 3 years ago, and you started with a 3 story building at that time and now it is changed. Chairman Lopez stated he is going to motion for approval because several attempts have been made over the last three years to bring the community in and we will still add the mitigation measures that were discussed. MOTION BY CHAIRMAN LOPEZ, SECONDED BY COMMISSIONER VUU TO APPROVE Zone Change 05 -223 Subject to mitigation measures. Vote results: YES: GAY, LOPEZ, AND VUU NO: KUNIOKA ABSENT: CAM ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. Planning Commissioners, Attorney Yin, and Staff had conversation of all the changes after the vote. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Commissioner Vuu stated he recalls approving a project for a Liquor Store on Rosemead on the border of El Monte, one of the conditions was to remove barb wire but he just drove by and the barb wire is still there. Rosemead Planning Commission Meeting: October 6, 2008 Page 22 of 24 City Planner Everling questioned if that was Rose Liquor? It is on Brookline and Valley on the South /East corner. Is that by the mobile home park? Commissioner Vuu stated yes it is across the street from it. City Planner Everling stated he will look into it. Chairman Lopez questioned if Universal Bank had they cleaned it up? City Planner Everling stated no but Sheri and I have gone over with applicant and spoke with the owner and he is aware of the problem. Chairman Lopez stated what is the problem they need to pick up all the trash? City Planner Everling stated the owner has a couple of sofas and he has called Consolidated to have them picked up, the owner understands that there is a problem and says he cleans up the trash and it is there the next day. Chairman Lopez questioned is he still doing construction? City Planner Everling stated yes. Chairman Lopez questioned how about the street and sidewalk right there on Ivar it is just as trashy? Attorney Yin stated if any one of the Commissioners has questions for staff you would do it during the Matters for Staff or Matters of Chairman. Chairman Lopez stated he has a question for him. Phil Martin with Phil Martin and Associates, 18441 Block Harmond Ave., Suite 140, Irvine, spoke briefly about the wall issue on the Church parking lot. . 6. MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF 1061011 7. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 9:24 p.m. MOTION BY COMMISSIONER VUU to ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. Rosemead Planning Commission Meeting: October 6, 2008 Page 23 of 24 Daniel Lopez Chairman ATTEST: Rachel Lockwood Commission Secretary Rosemead Planning Commission Meeting: October 6, 2008 Page 24 of 24