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PC - 02-19-08CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES February 19, 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 the Council Chambers of the Rosemead City Hall at 8838 East Valley Boulevard, Rosemead. Vice - Chairman Kunioka led the Pledge of Allegiance. Chairman Lopez delivered the invocation. ROLL CALL: PRESENT: Commissioner Bevington, Cam, Vice - Chairman Kunioka, and Chairman Lopez ABSENT: Commissioner Vuu EX OFFICIO: Agaba, Everling, Gonzalez and Yin EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS: City Attorney Yin 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. Mr. Jim Flournoy, residing at 8655 Landis View, a resident, stated he wanted to put a word in about the Governor's Earthquake Preparedness Exercise this November called the Golden Guardian, which is a simulation of the earthquake at the 710 /San Andreas Fault. He then explained how the simulation would play out from Salton Sea to Banning Pass and the Cajon Pass, breaking all the lifeline to the Cajon Pass. He stated there would be a landslide on Highway 5 in this exercise and they would like Rosemead to participate because they have SCE here, and many major buildings could be affected by the ground motion if this type of earthquake hit. He stated Edison has already committed to doing this. He said an interesting thing is that they have down- motion of about three meters per second and the worst spot is located at the Whittier Narrows Golf Course. He said in the Building Code, they usually figure about thirty percent going sideways, but here it's close to sixty percent sideways. He said there's a vertical component that is about twice of what one would normally expect. He stated this would be interesting to Edison, Panda, Country Wide, everyone down at Rice School, and the Senior Center because they are right next to the hotspot. Going Rosemead Planning Commission: February 19 2008 Page 1 of 17 east, he stated, it runs up Flair park, Kaiser, and Queen of the Valley Hospital which is in the red zone. He's talking to Don Anderson about this in order to get on board he said. 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. A pproval of Minutes — February 4, 2008 Vice - Chairman asked for a motion for approval of the other items on the Consent Calendar. MOTION BY COMMISSIONER BEVINGTON, SECONDED BY VICE - CHAIRMAN KUNIOKA, TO WAIVE FURTHER READING AND ADOPT CONSENT CALENDAR. Vote results: YES: BEVINGTON, CAM, KUNIOKA, AND LOPEZ NO: NONE ABSENT: VUU ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 4. PUBLIC HEARINGS A. Conditional Use Permit 07 -1111 — 7839 Emerson Place Presentation: City Planner Everling Staff Recommendation: To continue item to the March 3, 2008 Planning Commission Meeting MOTION BY VICE - CHAIRMAN KUNIOKA , SECONDED BY COMMISSIONER CAM TO CONTINUE CONDITIONAL USE PERMIT 07 -1111. Vote results: YES: CAM, BEVINGTON, KUNIOKA AND LOPEZ NO: NONE ABSENT: VUU ABSTAIN: NONE Rosemead Planning Commission: February 19 2008 Page 2 of 17 Chairman Lopez declared said motion duly carried and so ordered. B. Conditional Use Permit 02- 882(MOD) — 1717 & 1803 Walnut Grove Avenue Presentation: Senior Planner Agaba Staff Recommendation: Receive and file the Addendum and APPROVE Resolution No. 08 -04 which will allow the modification to CONDITIONAL USE PERMIT 02 -882 (MOD), subject to the conditions outlined in Exhibit "A" attached hereto. Senior Planner George Agaba made his presentation and then stated the applicant was present and asked the Commissioners if they had any questions. Commissioner Bevington questioned if there were two separate owners for both properties. Senior Planner Agaba stated that Panda owns both parcels, but has a long time lease with Wells Fargo Bank. Thien Ho, residing at 1683 Walnut Grove Avenue, stated she represents Panda Restaurant along with her colleagues who were present. She stated the project was a long time coming and they are proud to be a part of the community. She said they consider this project a flagship. They put lot of thought into this project because founders look across at their project everyday, they value the community, she said, and they hope the Planning Commission approves it. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Mr. Jim Flournoy residing at 8655 Landis View, a resident, stated he would like to welcome Panda into the neighborhood. He said he didn't have time to completely read through the Addendum, but he turned in comments to staff this morning which he's sure they'll go through before taking a vote. He stated they have a big noise issue in the area and he thinks it would be in the City's best interest to contract a Noise Consultant. He stated they have a problem with noise bouncing off Panda to Wal -Mart affecting those who live on Delta Avenue. He stated it's a problem that needs to get sorted out and it's worse than they thought it would be. He said his second issue is light and glare. He stated there was one issue in which they thought they had a Condition of Approval to have down shaded lights, but the condition has not been satisfied yet. He continued stating the lights shine down straight into your eyes when your driving through Rosemead Planning Commission: February 19 2008 Page 3 of 17 the parking lot or on Walnut Grove Avenue and Rush Street because they're not shaded enough to put the light down like they're supposed to. He stated they would like that to get straightened out because things are much worse than they thought it would be. The issue they never thought of, which might require a subsequent EIR, is the skylights. Wal -Mart put skylights in, which is something no one anticipated at the time the EIR was done. He stated it's new information and that's why they'll require a subsequent EIR instead of a supplemental EIR. He stated Wal -Mart doesn't have a sign like Longo Toyota, but he wants to make sure they don't have that type of lighting and wants to see it's a Condition of Approval. He stated, as far as the line of sight analysis goes, there's a zero tolerance policy so we do not want to see roof bound equipment on this project or Wal -Mart from Earle Avenue or Drayer Lane. Regarding traffic, he stated there are things that are worse now than what was expected and one of which is the intersection at San Gabriel Boulevard and Walnut Grove Avenue. The traffic jams up at this intersection and it gets worse before traffic clears up. He stated this issued could be due to the fact that they never studied the onramps to the freeway in the EIR. He continued by saying they studied the intersection, then jumped over the onramp and looked at the mainline freeway. He stated he turned in his comments and we need to look at why we have this problem. Paul Kilsmar representing Wells Fargo Bank, residing at 4141 Inland Empire Boulevard, Ontario, CA 91764, stated they have been working long and hard with Panda looking forward to a very successful project. He stated they have worked through staff to provide the building that would most fit in the area along with the Wal -Mart. He stated he is here with his colleagues, the architect and his consultant too, if anyone has questions. Brian Lewin residing at 9501 Ralph Street, a resident, stated like Mr. Flournoy, he is in favor of having Panda and Wells Fargo Bank there. He questioned about the traffic issues and studies. He stated that as a Traffic Commissioner, he is curious to see the study they used to assess the impact of this and actually requests that the Planning Commission consider referring the traffic element of this study to the Traffic Commission for further evaluation. He also questioned the hours of operation for this project. He stated when Wal -Mart was originally approved, 24 hour operation was not allowed and there were very strict limits; the hours were from 8:00 a.m. to 10:00 p.m., with an extension till midnight during the Christmas season. He stated any hours that would be applied to this project should match Wal- Mart's hours of operation; they should face the same restrictions. He continued stating if they allow this operation to open 24 hours, it will raise questions about the original project and if you want to consider this part of the original project, then that would be a significant change which would require a subsequent EIR as Wal -Mart stated in it's own 24 hour operation request. He continued stating that 24 hour operation at that site would necessitate a new EIR with a 24 hour impact report. He stated power of limitations would definitely be in order regardless. He stated if you consider it an extension of the original project, then there are numerous Conditions of approval Rosemead Planning Commission: February 19 2008 Page 4 of 17 that have not been dealt with that should be dealt with prior to starting a new project on the site. If you wish to consider it a separate project because Panda owns the property, he said, then your basically doubling the usage on one parcel including a significant expansion in restaurant usage and therefore a new EIR would be in order on that. He stated he is not necessarily opposed to the project his self, but with the changes they are making to the project, going from 2,248 square feet to 7,122 square feet on one of the buildings is a significant change. He stated it is a significant change is square footage and a significant increase.in usage. He stated he thinks with all the factors, some additional study would be in order. Once again, he said, he request that Planning Commission refer the traffic element to the Traffic Commission for further consideration. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: Ms. Marlene Shinen of 8447 Drayer Lane in South San Gabriel, stated she resides off of Delta Avenue. She said this is the only exit they have from Rush Street to South San Gabriel Boulevard since they can't travel through Walnut Grove Avenue. She said she does oppose this project because of the significant increase in square footage. Phase one of Wal -Mart has not been completed and also, there are things that have not been addressed, she said. She stated she agrees with Brian Lewin, that this should go to Traffic Commission. She stated there is increased traffic and danger. She continued stating that the crossing guard comes out with his own cones because people drive 45 mph and cars are supposed to stop but do not. When children are present going to school or the crosswalk, cars do not stop and there have been many traffic accidents so far. She stated there is danger out there and because there will be an increase in traffic, they should wait on this. As far as trash goes, there's Wal -Mart and Mc Donalds' trash all over the street, in the storm drain and around the building and surrounding areas. She stated she opposes. The traffic coming from Walnut Grove Avenue onto Delta Avenue which is completely residential, she said. At the corner of Walnut Grove Avenue and San Gabriel Boulevard, there is complete blockage and traffic that has not been addressed. She stated she would like the request to be deniedp; it is just going to increase the traffic and asked that the Planning Commission consider what Mr. Lewin and Mr. Flournoy said. Peggy Baumann residing at 8305 Scenic Drive, stated she does not oppose Panda or Wells Fargo Bank. She questioned if Panda actually owned the property and whether they purchased it through Wal -Mart or SCE. Senior Planner Agaba stated CFT owns the property and purchased it from Wal- Mart. Ms. Baumann continued to state that she doesn't oppose Panda or Wells Fargo Rosemead Planning Commission: February 19 2008 Page 5 of 17 Bank, but does oppose the increase is size development. She stated they have enough traffic and it was in the EIR that there was an issue with noxious gases. She said she wants more lighting especially with the increase. She also questioned what kind of ventilation they'll use at Panda and if it will be contained. She finished by stating that she likes Panda, their food and the smell, but would it be in their neighborhood all the time. Chairman Lopez asked if anyone else would like to speak? None. Chairman Lopez then asked if the applicant or representatives would like to answer any of the questions. Derek Knight residing at 325 N. Chapel, Alhambra, CA 91801 stated he is the property manager of Panda Express and will be overseeing some of the construction. He said just to answer a few questions, CFT LLC is the official property owner of the property and they did buy it from Wells Fargo Bank. He said as far as the smell goes, all restaurants are required to have an appropriate exhaust system to catch grease and things like that as they're expelled into the kitchen. Chairman Lopez stated he'd like to make one correction; the property was bought from Wal -Mart and not Wells Fargo Bank. Senior Planner Agaba forgot to mention the City Consultan, Lisa Kranitz, was in the audience and available to answer questions on environmental concerns. Lisa Kranitz, residing at 2800 28th Street, Santa Monica, CA 90405 stated she was the attorney who started on this project with Wal -Mart. She said when the Wal -Mart project was originally submitted as the Rosemead Commercial Retail Center, it was proposed to have 6 pads on it, which included Wal -Mart, about 20,000 square feet of out uses and an eight (8) pump gas station. She stated this was the project that was analyzed in the original Environmental Impact Report. She said when it went to City Council in September of 2004, the City Council approved a project design alternative, which was a less intense use by about seven (7) percent. It knocked out the gas station and reduced the retail area by approximately 5,548 square feet, she said. She stated the applicant provided for a mini -mall on one of the two parcels on the outline. She stated that Panda was the going to be the mini -mall. The reason this is before the Planning Commission tonight is because it requires a Conditional Use Permit she said. All they want to do is switch the parcels and the increase on that, she said, is approximately 4,700 square feet which is approximately two (2) percent of the overall project. If a Conditional Use Permit wasn't required, there would no discretion area approvals that would have brought this back for the Planning Commission. We are not re- looking at the Wal -Mart project, she stated which is Rosemead Planning Commission: February 19'2008 Page 6 of 17 completely separate. She stated she hears about all the concerns regarding Wal -Mart, but that is a separate issue and that does have to do with Wal -Mart's conditions. The conditions that went on the Wal -Mart project were not conditions that were placed on the other parcels as a whole. She said we are here tonight to determine whether the location will be allowed to change from Parcel 2 to Parcel 3 and whether the additional square footage should be approved as part of that. She stated from the original environmental studies that were done, there was a traffic and air analysis that were redone for this they took the way that the original study was done because there was never studies done for design alternatives because it was an alternative. She stated they didn't think it was proper to look at this project against the original project EIR because that is not what the City Council approved. They wanted to make sure there were actual numbers on base line, she said, so they extrapolated the numbers and calculated the increases Ms. Shinen questioned if this would be a 24 hour store because they do not need a 24 hour restaurant there. Senior Planner Agaba stated it's going to be limited to the same hours as Wal- Mart hours. Mr. Flournoy questioned if there was a disclosure report from Wal -Mart about the project. He stated this particular site has not been investigated for defaulting as the other side has and it needs to be; they also have a seismic hazard map and a liquefaction map that won't hold up in the end if it hasn't been done and that's required before the lead agency approves the project. He stated these two acts be satisfied through the replacement EIR before it leaves the Planning Commission. City Planner Everling replied to Mr. Flournoy's comments by stating regarding site visibility of roof mounted equipment, on page 13, Condition of Approval 30, it states that a line of sight analysis must be done to ensure zero visibility of roof top equipment. He continued stating Condition of Approval 32 talks of th e lighting having to match the Wal -Mart project which must be down - faced, shielded fixtures to eliminate glare under evasive properties. He finished by stating on page 14, Condition of Approval 34, incorporates the geotechnical report requirements which will need a certified EIR for this project. Chairman Lopez closed the public hearing to the public and opened the public hearing to the Commissioners. Commissioner Bevington stated in the Conditions of approval, Condition 19, one word should be changed on the fourth line down; the word side should be changed to aside He said in Condition 30, he thinks it should be defined where this line of sight should be taken. He stated looking at this, Walnut Grove Rosemead Planning Commission: February 19'2008 Page 7 of 17 Avenue is up above these buildings and if you take the line from the buildings down here, then Walnut Grove Avenue is getting above it, you're going to have a tough line of sight to meet this condition. He stated it should be taken up to ground level and from the building and something else which he's not ready to specify. He stated he thinks the line of sight is a serious problem and the Wal- Mart project line of sight is the sidewalk on Delta Avenue. He then said the line of sight should be the line of sound and it should be in front of the condominiums on Delta Avenue because that's what the real problem is. He stated that by looking at the building you won't see anything, but living up here, the sound from the ventilation equipment comes pouring over the house. He stated that the line of sight should include the sidewalk on Delta. He stated that the line of sight should be in line with the line of sound and should be determined from the condominiums on Delta because that is what seems to be a problem. By looking at the building here, you don't see any thing and from the condominiums having the sound coming through the ventilation to your house, I think condition 30 should be re- clarified as to sight where it will be taken to line of sound, he stated. He said for Condition 30, they could find as to line of sight something more efficient along the line of sound. He said they've had a lot of meetings over Mr. Flournoy's discussions of geotechnical reports, and he thinks Condition 34 should read geotech reports meeting the checklist of reports and responsible parties. We clarified it and we're not going to do that, but someone else needs to do it, he said, and it will make someone responsible at the end of the line. He continued stating that there should be a condition for the hours of operation. He said it should be a condition specific to this development which therefore reflects over to the Wal -Mart project. Chairman Lopez stated Wal -Mart is open till Midnight during the Christmas season and we want to ensure that Panda does not follow those hours of operation. Commissioner Bevington stated that should be a Wal -Mart condition because it's a busy time for them. Chairman Lopez questioned if Panda should have that option or if they need set hours of operation. Mr. Knight stated typical Panda Restaurants open between 10:00 a.m. - 10:30 a.m. and close by 10:00 p.m. sometimes as late as 11:00 p.m. He stated they'd be more than happy to meet the requirements similar to that reaching a 10:30 p.m. closing time and he's sure the bank will not be open later than that. As far the CFT portion of the building, 10:30 p.m. is fine. Commissioner Bevington stated Wal -Mart runs 14 hour days from 8:00 a.m. to 10:00 P.M. Senior Planner Agaba questioned condition 54 in the original Resolution 04 -23. Rosemead Planning Commission: February 192008 Page 8 of 17 Vice - Chairman Kunioka stated it's an obsolete section and that part is no longer valid. He said the second part states Wal -Mart can stay open twenty -four (24) hours if they open a grocery store and they can't. Senior Planner Agaba questioned if the Planning Commission is okay with that Vice - Chairman Kunioka said he thought the hours of operation were mentioned twice somewhere in the Conditions of approval, but he couldn't find it at the moment. Ms. Lisa Kranitz stated when this case went forward, there was a decision made that Wal -Mart would not be a 24 hour store. She stated the final condition was from 8:00 a.m. to 10:00 p.m. and during the Christmas season till 12:00 a.m. and they are not conditioned for any other development. Chairman Lopez questioned the hours of operation. Commissioner Bevington stated Wal -Mart should have never come up in this discussion and questioned what the necessary hours a family restaurant should operate from. Chairman Lopez stated they indicated 10:00 a.m. to 10:30 p.m. and they're taking that. Mr. Knight stated they'd like to leave the possiblity open if one of the tenants in the building in the future, incase it's a coffee shop; opening at 8:00 a.m. sounds a little late. He stated if the hours of operations would be allowed between 6:00 a.m. and 10:00 p.m. Chairman Lopez reopened public hearing Mr. Flournoy stated the traffic study only covered fourteen (14) hour days. He said he doesn't want to get tied on a half hour here and there, but they should go back and look to make sure they don't open a can of worms for the new project Ross Geller with Applied Planning, residing at 5817 Pine Avenue, Suite A, Chino Hills, stated he's been involved with this project since day one and wants to clarify about the 14 hour days. He said that's not how traffic studies are prepared. He said traffic studies are conducted by looking at the peak hours which are the morning peak hour and afternoon peak hour because that is the highest traffic periods on the streets. They are based on mitigating peak hours, he said, and later in the day traffic goes down. For the record he thinks Lisa Kranitz did a good job explaining how the traffic study was done and prepared. He stated there was a traffic study specifically prepared for this site with the Panda with the increase of traffic and square footage as being considered tonight Rosemead Planning Commission: February 19 2008 Page 9 of 17 as part of the Conditional Use Permit which is a matter of public record. Chairman Lopez closed the public hearing to the public and opened the public hearing to the Commissioners. Vice - Chairman Kunioka questioned the lighting. He stated he's concerned although the Wal -Mart lights are already there; they are not cut off and have a lot of reflection. He will not make them redo the lights that are already up but wants to make sure lights are cut off and directed down and onto the pavement from now on. City Planner Everling stated Condition 32 specifies cut sheets along with a photometric survey be required that specify the angle for cut off fixtures to be submitted. Mr. Ross Gellar stated a lot of issues raised tonight are seriously enforcement issues. He stated there were requirements and conditions and if the city is not satisfied, they need to deal with them although that is not what we're here for tonight. City Planner Everling stated Commissioner Bevington raised an issue about Condition 30 regarding roof - mounted equipment. He said if you would like to add to the second sentence where it says, "the line of sight analysis to ensure zero visibility," to read "a line of sight analysis from Walnut Grove Avenue to ensure zero visibility." Vice - Chairman Kunioka stated from residential locations he thinks it's a concern. Chairman Lopez questioned if it was on Rush Street. Vice - Chairman Kunioka stated on a previous issue, he does not think the condensers are 100 yards from windows on Delta Avenue. He also stated he doesn't think there needs to be zero visibility up the hill. City Planner Everling stated he thinks what Commissioner Bevington was talking about is zero visibility from Walnut Grove Avenue because of the difference in height elevation from the street. Commissioner Bevington stated he thinks it is a different condition than around Delta Avenue because these two -story complexes line up themselves. He said he just wants to be sure we clarify what you can't see. Chairman Lopez questioned if Walnut Grove Avenue would be the ideal to place the line of sight. Commissioner Bevington stated correct. He said he doesn't know the level off Rosemead Planning Commission: February 19 2008 Page 10 of 17 Walnut Grove Avenue which is dropping off the hill, but if you still have Walnut Grove Avenue fairly high, and the middle is down in the lower level, you can see right into them no matter what you do. Senior Planner Agaba stated to Chairman Lopez if he looks at the site plan which was provided to him, it shows Sectional View B one point where the architect placed the line of sight is 5 feet 6 inches, and the distance taken from Walnut Grove Avenue sidewalk projecting out is about 6 feet. The AC and mechanical equipment are below the property wall, so if you are 5'6" you won't be able to see those units, he said. Chairman Lopez stated what Commissioner Bevington is talking about is specifically from where you're taking the line of sight from. He questioned if it was from the corner of Walnut Grove Avenue and Rush Street or close to San Gabriel Boulevard where it starts coming from the down area. He stated they need to figure out where the best line of sight for this building is. We want to know if it's in front of the hill or at the corner, the exact angles, although the street runs up and down, he said. He stated they want to get the best angles to make sure the line of sight is at a good spot. He then questioned which reference they were taking that from. Senior Planner Agaba stated according to the sight analysis provided, Section A is along the western sidewalk which looks west is Point A. If you are standing looking towards Wal -Mart, he said, that is Point B. The Commissioners reviewed the site plans. Vice - Chairman Kunioka questioned landscaping for Wells Fargo Bank. Senior Planner Agaba answered landscaping is included. He stated there is one condition that limits the building of the entire parking lot and landscaping to be done at one time so it's not like they'll do Panda and leave the other parcel. He said it will be implemented as part of the first building, so the landscaping is incorporated. Vice - Chairman Kunioka questioned the sound possibly bouncing off of the new buildings. He stated while thinking in terms of landscaping around these buildings, the trees should be larger to absorb some of the noise. He questioned if trees should be a little larger because palm trees would not do it. He said he wondered if there was a plan that elaborates landscaping on the west side of the building. Senior Planner Agaba stated staff added a condition and on the landscape plan it shows. Vice - Chairman Kunioka stated if it's a big palm tree, it won't do sound diffusing Rosemead Planning Commission.: February 19 2008 Page I 1 of 17 He stated that palm trees use a lot of water, and he wants to know how committed they are to palm trees on this project. City Planner Everling stated in Condition 28 on page 13, we can specify that there be evergreen trees. Vice - Chairman Kunioka stated on the property, the developers are aiming for a tropical theme. Senior Planner Agaba said according to the conceptual land plan, there's a mixture of trees, and if the Commission desires, we can eliminate palm trees for the final landscaping plan. Vice - Chairman Kunioka stated his concern is he wants something to absorb the noise. Mr. Paul Kilsmar stated they were asked to design to the Wal -Mart. He said you can specify whatever tree and we will install it. We agree with the condition he said, and along the building they are going to landscape all the different pockets. Chairman Lopez stated do we need to add it to the condition. Vice - Chairman Kunioka stated as long as it's understood that they want trees to actually absorb the sound, it is fine. Chairman Lopez stated that palm trees can be part of the deal. City Planner Everling added as long as they are supplemental. Vice - Chairman Kunioka questioned the traffic study. He understands there are one hundred thirty -nine trips with seventy cars a day, and was wondering if this was a reasonable amount with the additional 3,000 square foot restaurant. He questioned if this was an accurate assessment of the traffic study. Mr. Ross Geller stated based on the ITE, trip generation rates, the delta between the approved project and what's being proposed today is an accurate delta of the trip theory. He stated it seems pretty low, but then again you need to remember when this site was analyzed, it was analyzed as one trip and there is a reduction built in there of twenty -five (25) percent of pass through and the internal capture. Vice - Chairman Kunioka stated they're assuming these people are already passing by because they are in the parking lot for one reason or another. He stated he was just curious because it seemed like not a lot of people are spending money. He questioned the high - quality foam and if it is repairable. City Planner Everling stated Condition 19 would be to change the word side to Rosemead Planning Commission: February 19 2008 Page 12 of] 7 aside, Condition 20 would be to add more high - quality foam behind the word material Senior Planner Agaba stated on Condition 12, the word high - quality foam will be added after the phrase "shall be ", Condition 38 shall be changed from 4 feet in height to 6 feet in height. City Planner Everling stated they would like to add Condition 40, which will be the hours of operation from 6:00 a.m. to 10:00 p.m. Vice - Chairman Kunioka questioned if this would include the drive - through. City Planner Everling stated correct and that will be for all tenants. City Attorney Yin questioned Condition 34 regarding the line of sight. Commissioner Bevington stated they have enough discussion about geotechnical reports. Chairman Lopez stated that is something we are doing. City Planner Everling stated it is built into the conditions. Commissioner Bevington stated someone can't say they didn't do this study because it should have been done by others to work it out in such a way that says someone is responsible. Chairman Lopez stated this checklist is incorporated already. Commissioner Bevington stated it the wording should state "in accordance with ". Vice - Chairman Kunioka questioned if Commissioner Bevington was satisfied with the line of sight issue. Commissioner Bevington stated if the line of sight they submitted is accurate, and he assumes it is, then it satisfied his concerns. Vice - Chairman Kunioka stated he wants to be sure regarding the condition for lighting that they are in fact fully cut off. Senior Planner Agaba questioned if they would modify the condition to include non -palm trees on the west side of the site. Chairman Lopez stated they agree they do not mind palm trees as long as they have other trees to help with the reduction of noise. Rosemead Planning Commission: February 19 2008 Page 13 of 17 Vice - Chairman Kunioka questioned if there was a condition for picking up trash which is standard. City Planner Everling answer Condition 17 is a standard condition so each site shall be maintained in a clean, weed, litter free state in accordance with the Rosemead Municipal Code. Senior Planner Agaba stated it's a Municipal Code but also a requirement to maintain their property. MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER CAM TO APPROVE CONDITIONAL USE PERMIT 02- 882(MOD), Vote results: YES: BEVINGTON, CAM, KUNIOKA, AND LOPEZ NO: NONE ABSENT: VUU ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Chairman Lopez stated there is no response to Ramona Avenue Vice - Chairman Kunioka read Condition 18 and questioned if something like this condition applied to Wal -Mart. City Planner Everling stated this condition was a request by our City Attorney and from his understanding this was not a part of the original Wal -Mart approval. Vice - Chairman Kunioka questioned if it wasn't stated in the conditions, is it understood that it can be modified. City Planner Everling stated this is just a condition to help that Planning Commission go through a revocation procedure in case a project is not in compliance with their conditions. He continued saying that it does state in our zoning ordinance under the Conditional Use Permit that one of findings for revocation procedures is in the Municipal Code as well. Vice - Chairman Kunioka stated he guesses there's something in between revocation and because they don't want to shut people down for everything and it would be nice if there were some sort of enforcement for that. City Planner Everling stated it would be Code Enforcement. Rosemead Planning Commission: February 19 2008 Page 14 of 17 Vice - Chairman Kunioka questioned what happens if he has issues with the lighting since it's already there. Chairman Lopez stated it would be good for Code Enforcement to go check them just to ensure that they not in violation. He continued stating otherwise, the City Attorney would have to get involved and write a letter letting them know they are in violation of their conditions. Vice - Chairman Kunioka stated there are things that they have been dealing with for several months now and nothing has happened. City Attorney Yin stated they can send a letter of warning, issue citations and complaints, or step it up if that doesn't work. 6. MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF City Planner Everling updated the Planning Commissioners on General Plan Update status for the last three community meetings which were very well attended. He stated there were several issues that came up with concerned residence and is in the process of writing his Staff Report to the City Council and apprising them of the concerns by the citizens. He stated they are looking to have a study session meeting with the City Council a week from today, Tuesday, February 26, 2008, at 7:00 p.m. He said the purpose of that study session is for the staff to get in front of the City Council to address them, let them know of the resident's concerns about the direct General Plan and ask for direction as to what types of changes they would like to see on the document. He then said after that, he has an appointment with the City's Consultant to go over all the direction from the City Council and have the document revised as well as the Draft Environmental Impact Report. The Draft EIR will then be redistributed for public review, he said and after that time the document will move forward to Public Hearings. We are still hopefully on track for June, but maybe July for the final adoption. In other matters, he stated that he'd like to confirm the Planning Commissioner's attendance for the Planner's Institute Mini -Expo in Sacramento. He was also interested to know if all the Commissioners received a copy of the City's Reimbursement Policy in response to the request at the previous meeting. Vice - Chairman Kunioka questioned if they make the arrangements themselves. City Planner Everling and the Planning Commissioner's discussed their questions and concerns on the City's Reimbursement policy. City Attorney Yin stated he believes the financial disclosure points are due in March. He stated to fill out your form and if you have any questions let him know. Rosemead Planning Commission: February 19 2008 Page 15 of 17 City Planner Everling stated he wanted to let the Commission know about the American Planning Association's 100 Annual National Conference in Las Vegas which is coming up at the end of April. He questioned whether the Commissioners would be more interested in attending the Las Vegas Conference prior to setting up the Sacramento trip. The Commissioner's expressed their interest in the conferences. City Planner Everling stated though it is not on the agenda, he would like to let the Commissioners as well as the public know the City is working with the consultant on the Valley Vision Plan. He stated hopefully it will be a four month process. He said the first community meeting on will be held at Rosemead Community Recreation Center on Wednesday, March 5, 2008 from 6:00 p.m. - 8:00 p.m. The second meeting which, he stated, will be joint study session with the City Council, will be held on Monday, March 17, 2008 from 4:30 p.m. - 6:30 p.m. prior to our actual Planning Commission Meeting. He explained the reason why they are looking at the Community Center is because the city is revamping the Council Chambers and this will be the last Planning Commission Meeting for the next three to four months. Chairman Lopez re- opened to the public hearing to the public. Mr. Brian Lewin questioned when the last meeting in the Council Chambers will be held. He stated he hopes the agenda and website are updated according with correct information. Mr. Jim Flournoy stated in December they asked Willdan to come up with geotechnical reports and he understands they found one a couple of weeks ago and he still hasn't received a copy. He stated that the Fire Department requested a copy as well and they haven't received it either. The Union Attorney wrote the City a few weeks ago and asked for compliance within ten days, but that's going to run out quick. He said they should get them to Tania and have her look at them. She wrote comments back, but we can't tell they've been responded to by Willdan. He stated he does not know how they are going to follow up on them, but times wasting and our building department is trying to figure a way out of this. We approved this project here which has geotechnical reports from the 2002 EIR. He said he would think to get the EIR to Tania as soon as possible; then maybe she could have a report back by the next City Council meeting. They already have their building plans into plan check, so if they are going through plans and they don't have zero step up for near fault, it's not going to fly. He stated it would be nice if they got the guys the answers before they spend a lot of money on engineering. 7. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 8:59 p.m. Rosemead Planning Commission: February 19 2008 Page 16 of 17 MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER BEVINGTON TO ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. ME /AG Rosemead Planning Commission: February 14 2008 Page 17 of 17