Loading...
PC - 06-02-08CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES June 2, 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 Room 8 of Rosemead Community Recreation Center at 3936 . N. Muscatel Avenue, Rosemead. Commisssioner Vuu led the Pledge of Allegiance. Chairman Lopez delivered the invocation. ROLL CALL: PRESENT: Vice - Chairman Kunioka, and Chairman Lopez, Commissioner Vuu, ABSENT: Commissioner Cam EX OFFICIO: Everling, Lockwood, Trinh 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 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 that he looked at the draft of the project of the Radisson Hotel exchange, he is still concerned about not getting these environmental box's filled out correctly on the CEQA Checklist and in this case there is a slippery slope, and there is a big pile of fill there and he would like the stability of that slope looked into, they drove down 25 feet and that slope is a lot higher than 25 feet. Jim Flournoy would like to have the plans of the original Radisson fill taken out to see if it was done correctly. He feels there is a good chance that it wasn't and that the checklist was filled out incorrectly. There was a geo- technical report that gives us data based on the 1998 Building Code and this is a 2007 Building Code Project so it needs to go back to the drawing board point and come to the Planning Commission. He would like to get things fixed as early as possible, if we get these conditions of approval approved and then they are put on plans, it is up to the Building Officials to enforce the conditions of approval while construction is ongoing. Jim Flournoy feels this is something that has not been done in a lot of cases and we end up with a project treated and with the stake of the checklist and the conditionals of approval still Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 1 of 15 left hanging. The question is this how do we fix this? He stated that he feels this is the building officials fault. It's up to this group or the courts or somebody else and we want to minimize that and get these things fixed it in the first place. An attorney from the law firm of Burke, Williams, and Sorenson is looking into our Building Officials facts and is probably going to make a presentation at our next City Council in full session next Tuesday and if that happens I would suggest that you come out there and make a presentation on the findings and what you can do and how you plan to fix some of the problems the attorney may uncover as part of the Planning Commission process. The Planning Commission may want to think about that and talk about this in the July meeting or in the meeting after that, if there isn't a July meeting. Let's stop this cycle of things not being done right. Thank you very much. Chairman Lopez, questioned Mr. Jim Flournoy about the Radisson, since we are adding a new structure and since it has already been built what is between the new and old? Can they can go back and change the old? City Planner, Matt Everling stated that's not what he thought Jim Flournoy was talking about. Jim Flournoy replied that the Radisson structure is on top of what was called Sycamore Canyon. Sycamore Canyon was always a swamp and the question is when they plowed down that field did they clean Sycamore Canyon adequately? City Planner, Matt Everling asked Jim Flournoy did he mean the Double Tree Hotel? Jim Flournoy replied yes, whatever it is. It was called the Radisson before right? City Planner, Matt Everling confirmed that Jim Flournoy was talking about the Double Tree Hotel by the Montebello Town Center. Mr. Jim Flournoy stated there should be an inspection report in the file of the Double Tree project showing that someone inspected it to see if it was inspected correctly. Even though that portion is not where the hotel was, it's where the expansion is going to be and lets investigate to see that it was compacted correctly and maybe we can drill all the way down through the field to make sure we have a solid field. The Double Tree is where meetings are held and this is the time to double check that kind of stuff. Commissioner Lopez replied with next question whose job is it to determine what fault it lies on or what type of inspection and who determines which type of test that needs to be run at that particular time? Who starts that process, Planning? Jim Flournoy, replied it is Geo — Technical that goes out to the cities. City Planner, Matt Everling replied that it is the Planning Division's responsibility to make sure the correct reports are submitted to the City and then the City checks those reports. We make sure it is the type we need. Jim Flournoy replied, let me cut to the chase, right now the City Attorney has hired the Geologist and we know those findings will be pertinent. We are now trying to get the City to also get a contract with a qualified geologist and a soil and geo- technical engineer so that our routine basis, this report that was done for the Double Tree Hotel in November 2007 could be sent out and used as a basis of a review and then when it comes back and then we wouldn't have the problem of Building Code 98 report for a 2007 Project. This could have Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 2 of 15 left hanging. The question is this how do we fix this? He stated that he feels this is the building officials fault. It's up to this group or the courts or somebody else and we want to minimize that and get these things fixed it in the first place. An attorney from Burke, Williams, and Sorenson is looking into our Building Officials facts and is probably going to make a presentation at our next City Council in full session next Tuesday and if that happens I would suggest that you come out there and make a presentation on the findings and what you can do and how you plan to fix some of the problems the attorney may uncover as part of the Planning Commission process. The Planning Commission may want to think about that and talk about this in the July meeting or in the meeting after that, if there isn't a July meeting. Let's stop this cycle of things not being done right. Thank you very much. Chairman Lopez, questioned Mr. Jim Flournoy about the Radisson, since we are adding a new structure and since it has already been built what is between the new and old? Can they can go back and change the old? City Planner, Matt Everling stated that's not what he thought Jim Flournoy was talking about. Jim Flournoy replied that the Radisson structure is on top of what was called Sycamore Canyon. Sycamore Canyon was always a swamp and the question is when they plowed down that field did they clean Sycamore Canyon adequately? City Planner, Matt Everling asked Jim Flournoy did he mean the Double Tree Hotel? Jim Flournoy replied yes, whatever it is. It was called the Radisson before right? City Planner, Matt Everling confirmed that Jim Flournoy was talking about the Double Tree Hotel by the Montebello Town Center. Mr. Jim Flournoy stated there should be an inspection report in the file of the Double Tree project showing that someone inspected it to see if it was inspected correctly. Even though that portion is not where the hotel was, it's where the expansion is going to be and lets investigate to see that it was compacted correctly and maybe we can drill all the way down through the field to make sure we have a solid field. The Double Tree is where meetings are held and this is the time to double check that kind of stuff. Commissioner Lopez replied with next question whose job is it to determine what fault it lies on or what type of inspection and who determines which type of test that needs to be run at that particular time? Who starts that process, Planning? Jim Flournoy, replied it is Geo — Technical that goes out to the cities. City Planner, Matt Everling replied that it is the Planning Division's responsibility to make sure the correct reports are submitted to the City and then the City checks those reports. We make sure it is the type we need. Jim Flournoy replied, let me cut to the chase, right now the City Attorney has hired the Geologist and we know those findings will be pertinent. We are now trying to get the City to also get a contract with a qualified geologist and a soil and geo- technical engineer so that our routine basis, this report that was done for the Double Tree Hotel in November 2007 could be sent out and used as a basis of a review and then when it comes back and then we wouldn't have the problem of Building Code 98 report for a 2007 Project. This could have Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 2 of 15 been done in November and we could have had the results back in February and here it is in June we have wasted a lot of time. Right now our Director can't send anything out because the City has not contracted a geologist to send anything. I don't know what the problem is. It's been months and nothing has been approved. Let's find out what the hang up is, if there are fees to be paid or ordinance and encourage our Council or our Senior Staff to get this done. Let's get City Planner Matt Everling some help. City Planner, Matt Everling replied I appreciated that. Commissioner Lopez, replied we have heard on many occasions from Jim Flournoy that they used the wrong fault or they should have been using this fault and these statements have concerned him. Commissioner Lopez feels we need to get a professional to tell us the correct fault to use. Jim Flornoy replied that is the problem with every project and they can do compaction test and make sure that test are done correctly. There are people out there to determine what tests are needed and to do them correctly. Commissioner Lopez asked if there were any other questions for items not on the Agenda. See 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 — May 19, 2008 Chairman Lopez asked for a motion for approval of the other items on the Consent Calendar. MOTION BY VICE CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER VUU, TO WAIVE FURTHER READING AND ADOPT CONSENT CALENDAR. Vote results: YES: KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: CAM ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 4. PUBLIC HEARINGS A. Tentative Parcel Map 070141 - Kent Huynh has submitted an application for a Tentative Parcel Map to subdivide one (1) existing parcel totaling 14,593 square feet into two (2) parcels for the development of one new single - family home with 2,969 square feet of living area. An existing home on one parcel Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 3 of 15 will be improved with 1,626 square feet of living area. The subject site is located at 2436 Delta Avenue in the R -2 (Light Multiple Residential) Zone. Resolution 08 -15 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE PARCEL MAP 070141 REQUESTING TO SUBDIVIDE ONE EXISTING PARCEL INTO TWO PARCELS FOR THE DEVELOPMENT OF ONE NEW SINGLE - FAMILY HOME AND ONE IMPROVED SINGLE - FAMILY HOME. THE SUBJECT PROPERTY IS LOCATED AT 2436 DELTA AVENUE IN THE R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONE (APN 5283 - 026 -048). Presentation: Assistant Planner Trinh Staff Recommendation - Staff recommends that the Planning Commission APPROVE Tentative Parcel Map 070141 application for a period of two (2) years and adopt Resolution 08 -15, subject to conditions outlined in attached Exhibit "B ". Assistant Planner Trinh made her presentation Assistant Planner Trinh stated the applicant and designer are in the audience to answer any questions. Commissioner Lopez thanked Assistant Planner Trinh and asked if there were any questions Kamen Lei, 8748 E. Valley Blvd., Suite K, Rosemead, the designer stated that the staff report has been prepared in detail and he appreciates how much time has been spent on report and does not want to waste time going over details. There are a couple of items he wishes to go over. First this is not the first subdivision in this neighborhood as you can see this is just a continuation of subdivision in this neighborhood. This is a completion of subdivision in this neighborhood because most lots are 50 feet wide. There are only a couple of lots that are 100 feet wide. This particular lot is 105 feet wide. So for the frontage it is good enough to subdivide into two lots and still meet the minimum requirements. Homeowner will be able to develop this property. There will be opportunity to build new home or improve existing home. Home ownership will improve the neighborhood. Previous homes have been subdivided in neighborhood. One last item there is no CUP requirement on this subdivision and we have worked very hard with Planning Staff to meet all the conditions of approval. Kamen Lei stated he would like to see this project approved and would be happy to answer any questions. Commissioner Lopez stated, is there anyone wishing to speak in favor? Please come up and speak. See None Commissioner Lopez stated, is there anyone wishing to speak against this project? Please come up and speak. Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 4 of 15 See None Commissioner Lopez stated this item is now closed off to the public and are there any questions from the Commissioners? Commissioner Kunioka asked, out of curiosity, is this project subject to the new design standards? Are we going to see any more of the old design standards? City Planner Everling and Assistant Planner Trinh both answered yes to the new design standard question and no to the old design standard question. Commissioner Kunioka also questioned about the trees, does the applicant choose the trees or are they just given to them? Assistant Planner Trinh replied that sometimes the applicant gets to choose. Commissioner Kunioka questioned on the maturity of the tree. How big is a mature tree? Assistant Planner Trinh replied that usually a 24 -inch box trees are considered. Commissioner Lopez asked are there any more questions? Commissioner Kunioka asked if a notice of the hearing had been posted, and if it was the case that there no communications from neighbors regarding the proposed project. Assistant Planner Trinh replied "Yes" to the first question and "No" to the second question. MOTION BY COMMISSIONER KUNIOKA, SECONDED BY CHAIRMAN LOPEZ TO APPROVE Vote results: YES: KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: CAM ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Commissioner Lopez questioned what was going on across the street at the Universal Bank, City Planner Matt Everling replied they are leaving the first floor the same and converting the second floor to offices. Commissioner Lopez replied is the store frontage staying the same or are changes coming to us? Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 5 of 15 City Planner Everling replied we are not allowing any restaurants. Parking is the same there are only 100+ spaces. Commissioner Lopez asked are they leaving the facing the same or are they going to clean it up? City Planner Everling replied yes everything will stay the same. Commissioner Lopez stated there is a restaurant on the other side. City Planner Everling replied yes there is a cafe on the west end of the site. Commissioner Kunioka questioned is this still separate ownership from the two parcels? City Planner Matt Everling replied yes, he just spoke with the owner Tony Ta from across the street, they have been trying to work with the owner of the original bank, but it is not working out. The owner of the Universal Bank does not want to do anything with the owner of the shopping center, which is unfortunate. Commissioner Lopez asked, are there any other questions? City Planner Matt Everling commented on the entrance to the City of Rosemead by the 10 freeway and Rosemead Blvd. He can not get a hold of the Cal Trans people to clean the weeds. Commissioner Lopez replied to keep trying because it can start to look real shabby really fast. 6. MATTERS FROM THE CITY PLANNER AND STAFF A. W almart Update: Noise and transformer status. City Planner Matt Everling stated he wanted to give the Commission a status of the noise associated with the roof mounted air conditioning units. The Wal -Mart Representative, Jennifer Guenther is here this evening to show good faith to the Commission that we are working hand in hand to resolve these issues and she is here to answer any questions that anyone might have. The City did have the same company do a second noise study from the second floor and it did come back with a few decimals levels that were exceeded. We are working with them and trying to mitigate that. Secondly, regarding the transformer, we are trying to put a meeting together with Jennifer, Marissa, and myself from Southern California Edison to go over some options we might have. There are some options but nothing concrete yet. Matt Everling stated that he hopes he has some answers for the Commission quickly. There are other issues. One is another Valley Vision Plan Community Meeting. It may be on Saturday, June 14 at Rosemead Community Center from 10:30 a.m. -2:00 p.m. It is the Janet Chin Foundations idea to have this to get the youth's perspective. This group will be hosting this meeting. The Commission is invited to this meeting and several of the Council Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 6 of 15 Members may be there also. Lunch will be provided by Subway, Jamba Juice, and GNC. There will be a walk through downtown and disposal cameras will be distributed to the kids to let them take photographs of things that they like and don't like, so we can get their input. In the future it will be their downtown. That's something we will be doing in the next couple of weeks. We also talked about at the last meeting on maybe cancelling a few Planning Commission Meetings. due to lack of projects and maybe combining a few items in one meeting instead. We talked about cancelling a meeting formally but maybe we can just cancel the July meeting with the Commissions consent so in case something comes up we won't have to notice it. Commissioner Lopez stated it is time for the public to speak. Marlene Shinen, residing at 8447Drayer Ln., So.San Gabriel, stated that the last time she addressed the Planning Commission, Wal- Mart's failure to follow the conditions of approval, Chairman Lopez you said something would be done. I believed you and I am asking you give staff direction. Marlene Shinen also read an EIR 2004 report to the Planning Commission and stated the Planning Commission has been mandated to take care of the problems. It has been 9 months in September you were suppose to come up with a review of Wal -Mart issues. I don't know where we are stuck. She would like the staff directed to read the EIR Conditions of approval, that you identify the areas of non - compliance, and enforce some action. The direction needs to come from someone in authority. Is it because the Planning Commission hasn't done it or is it the authority of City Council? So if it is the authority of Council I would like to quote the Council Member Polly Low who recently said the majority of Council in inherited this problem, the issues of Wal -Mart's non - compliance has been a challenge to the newly adjusted majority council who was chosen to lead, elected to serve, and to listen and hear the voice of the residents and take action. To do the right thing, it's been so long. So the newly elected Council majority has been given the opportunity, it's still the body of 5 people, but just different people, but if this council fails to enforce Wal -Mart's compliance of conditions of approval and mitigation measure then I ask how many times does Council have to change to give direction to Planning? Let's do the right thing it has taken so long. Someone in authority needs to take action recently and because someone did, she has not seen one shopping cart on Delta. So please help us. Someone from crowd said they just saw one. Marlene Shinen commented she had not seen one. Regarding noise, Marlene Shinen submitted a letter from Assembly California Legislature, Judy Chu's office, written to Council Member Gary Taylor. The letter was dated August 30, 2006 in regards to complaints by constituents who are troubled by the City's failure to monitor the construction activities and safeguard the residents from the harmful effects caused by the continuous and ongoing violations occurring on the project site. The letter was given to each Planning Commissioner to read. Marlene Shinen read a portion of the letter to everyone. She also said she had a picture of the protective wall that is supposedly to keep the noise from going to the residents on the West side, she offered to show the picture. We still have the problems, so thank you. Yuki Fukumoto, residing at 1807 Delta, stated she has two issues and will end with a question. She also was here about 6 months when the one year review was being done. I am addressing myself only to the transformer. I am so happy Mr. Everling that you have gave us a status 6 months down the line now we know. I am so happy Wal -Mart is here to listen, because at that time let me remind you when the Wal -Mart representative, who was there at the meeting on November 19 he said transformer was no longer an issue because Rosemead Planning commission Meeting: Monday, June 2, 2008 Page 7 of 15 the trees are covering it up and you can't see it. She thinks the City's response also as she read, as a resolution we now have shrubbery and therefore you don't have to worry about the transformer. She is stating again it was never about how it looked. We are already looking at the backside of Wal -Mart. It was always a safety issue, so that is what is being repeated 6 months from the time we came for the one year review. My second issue is, this is not new I have the EIR, environmental impact report. Condition 35 says all utilities including distribution which is the transformer, is to be underground. We have not asked for anything more, nothing more. We are asking only that you do what you are supposed to do. I never expected and don't fault Wal -Mart. She does hold the Planning Commission and City Council to make them accountable. These are called Conditions of Approval and are contingent. Everyone agreed you do this underground and you can come in. We don't go away because that transformer is on our "front porch ", you could've put it in other places but no it is on our "front porch ", so she wants to make it known that if something should happen with that transformer that is why she is here for the second time. It's not like you didn't know. That is why she is here. She want's to know when is the City going to do they're job? When is there going to be action, it's already been 6 months? You gave us a status report and I am so glad you're here because it's not about aesthetics it's always been a safety issue. She did not want to be here, but was urged by some of the community members so take that to your Edison Wal -Mart meeting about the transformer. Thank you very much. Celia Nishimura residing at 1634 North Delta St., South San Gabriel, stated she is here because she wrote two letters, one in October 2007 and one in November 2007. She doesn't know where they went because nothing has been done. She lives on the southwest side of Wal -Mart directly adjacent to Panda and I can hear every single sound that comes out of Wal -Mart because there is a break where the sound wall ends along the south property line. For some reason the sound just gets amplified by the time it gets to my house. She is sick of the noise. She would like the sound wall extended before phase 2 gets started. Why has nothing been done about it? That is her question. Who is responsible? City Planner Matt Everling asked Celia, do you want to know why the sound wall was never extended? Celia Nishimura responded why do we have to put up with all the noise? City Planner Matt Everling responded noise from what? Please be specific. Celia Nishimura replied just the other night there was a beep, beep, beep coming from Wal- Mart and she does not know what it was and would like to have sound wall extended. Commissioner Kunioka wanted to know exactly where her home was located and Celia Nishimura replied she is directly south of Panda. The break is between Wal -Mart and Panda Headquarters. Commissioner Kunioka questioned if there was a chain link fence or sound wall? Celia Nishimura replied it was a chain link fence. They just extended and it is a chain link fence. Rosemead Planning Commission Meeting.: Monday, June 2, 2008 Page 8 of 15 Commissioner Kunioka had a related question, a while ago there was a study by Supervisor Gloria Molina was that done by her self or was she directed? City Planner Matt Everling replied the study was done by the County and that was done by her request. That also came back inconclusive as there were not any decimals levels exceeded based on that report. Commissioner Kunioka questioned was the study paid for by the mitigation monitoring fund? City Planner Matt Everling replied yes. Celia Nishimura said she had called the cops the first day Wal -Mart opened when they had the D.J. there she had to leave her house because the sound was so loud. The police officers came and led me out by Delta exactly south of Delta and the noise was not as loud there as it was at my house. Commissioner Kunioka replied it was because they are blocked by the sound wall. Celia Nishimura said she did not know what was blocking the sound there but there is nothing blocking the sound by her house. City Planner Matt Everling asked are you talking about extension of the truck bay wall? On the southern end of the building, that is just a truck bay wall it's not an actual part of the building of Wal -Mart. Commissioner Kunioka replied how long will we have to go to extend to the Panda building? City Planner Matt Everling replied we couldn't cross property lines. Commissioner Kunioka replied no. Celia Nishimura commented that it would have to go east. City Planner Matt Everling replied, I see what you are saying, build the sound wall east. Is the sound wall 12 feet in height on west side and drops to 6 feet on east side? Celia Nishimura replied no the sound wall height is still the same, it just ends too soon. City Planner Matt Everling asked what time was it that the trucks where out there? Celia Nishimura replied she hears trucks all day long. City Planner Matt Everling replied even after 10:00 p.m.? Celia Nishimura replied she stays up till 2:00 or 3:00 in the morning and she still can hear trucks. The trucks use to come in Walnut Grove now they come in on Delta. City Planner Matt Everling replied how do they come down Delta there is no access to the Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 9 of 15 site from Delta? Celia Nishimura replied there is another entrance right pass Delta on Rush. City Planner Matt Everling replied so they are coming from Sierra Bonita or from San Gabriel Blvd. They are not suppose to touch Delta. Commissioner Lopez thanked Celia Nishimura for bringing this to our attention, because we did not know. Celia Nishmura replied but I wrote two letters, one in November and one in October. City Planner Matt Everling replied he never received the letters he has only been in the Department since October. He also requested copies of the letters. City Attorney Yin replied we will look do our best to see take all those things into account and if these things are being violated then we will definitely follow up on it. Commissioner Vu asked can we ask Wal -Mart to extend sound wall? City Planner Matt Everling replied sure it's possible we can ask. Jim Flournoy, 8655 Landis View, a resident stated the conditions of approval are on the plans and it is not up to the public to come up and read off possibly a list of 4 or 5 major things and 15 -20 minor things. The building official didn't do this, he signed off on a project and then he is done. On Memorial Day at 6:00 in the evening a truck comes in has a refrigerator on top, diesel comes in, you hear the diesel and then you have a refrigerator on. There is supposed to be shore power on these things, the refrigerator was left on for over an hour, it is noisy. The sound bounces off the building and when they had the acoustical guy look at this they thought they might get some treatment on the side of the building, because the refrigeration is above the sound wall. The sound comes over the top. The second thing is you have the refrigeration equipment there which puts out loads of frequency noises. They are not going to show up on the sound decimal meter, but you can hear them and they vibrate the windows. Those are supposed to be screened. You're not supposed to see the screen but if it was a solid screen it would cut the noise down. The screen that they do have is very effective for business for visibility but not very effective as a sound barrier. All the refrigeration compressors on the south side are echoing and bouncing off walls and that is the problem that Celia and 4 or 5 neighbors are dealing with. Celia Nishimura replied that it also affects a few more residents. Jim Flournoy also commented on how the noise bounces off of Panda and into some of these houses. Some of these conditions like screening of the refrigeration equipment could be met. Someone needs to go there and decide that this condition applies with that and it's not just a visible issue it's also a noise issue. The sound ordinance is not going to catch it but the EIR gives some limits on what the amount of increase of noise is suppose to be and that is much stricter than the City's Sound Ordinance is going to be. We need to go by that. After the staff report in November the public got together and put together a response staff report which Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 10 of 15 details all this stuff and were making progress. We have made progress on the shopping carts and if we keep at this we will make more progress in this whole thing. It will take awhile but we will take care of refrigeration, screening decimals and the wall slats by Panda. The slats were put in by Panda according to security because people were urinating through the fence. The slats do nothing for the noise but Jim Flournoy is glad that staff is working on this and would like staff to go through the conditions of approval one by one and take various letters and petitions and give our attorney a direction to come up some findings or what the Planning Commissions plans to do and vote on them and then get together with Wal -Mart and let's start working together through these things. We need resolutions, the transformers above ground o.k. what are we going to do about it. Let's be diligent and patient and do it by the book. The neighbors had a meeting on Thursday and would be willing to get together with staff and go through some of these items in detail. City Attorney Yin stated that we all working together and trying to get things resolved. He appreciates that Jim Flournoy give staff credit for what they do. We will work very fast to get things done. Jim Flournoy stated that he feels that Planning Division does not have enough time or staff to take care of everything that needs to be done. Matt can't do it all and knows that a lot of items were left for him to take care of. The first staff report was Brad's and Matt had nothing to do with it. City Planner Matt Everling replied with a thank you. Marlene Shinen, 8447 Drayer Ln., So. San Gabriel, a resident stated that she would like to comment on the noise issue due to a lot of residents that could not be there. There is a resident that hears mechanical noise, and trucks are making u -turns on Delta during the day and night going into Wal -Mart. This is illegal, the trucks are always ding, ding, dinging. There is no way to stop the noise it comes from the truck route. People cannot sleep. She doesn't understand why they had to put everything so close to the Delta residents. Why was there not enough sensitivity to the people? There are a lot more residents that have issues with the noise. Jeff Basile, 9203 Ralph St., a resident stated going back to the sound issue of Wal -Mart, I have 3 questions. 1. Why wasn't the generator put on the South Side instead of the East Side away from the residential side? 2. The value of Rio Hondo lot is that were they are going to be building? Valley Blvd., and Rio Hondo is that where they are going to start building a shopping center? City Planner Matt Everling replied no that has been put on hold. Do you have anymore questions with the Wal -Mart let's try to keep on track with that? Jeff Basile, replied his concern was the generator but the generator would cost a lot to move or let's fix sound wall. Marlene Shinen, 8447 Drayer Ln., So., San Gabriel, stated that when they did the commercial there were 3 generators that were brought on Delta in front of someone's house and had it on for about 3 or 4 hours. The residents were not told that the commercial was going to be Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 11 of 15 done. There was a truck and maybe they got a permit but they didn't tell the people. The noise was ridiculous. City Planner Matt Everling stated that that came from the City Manager's office. and he was not sure if the public had been contacted. He would look into that. Marlen Shinen replied that the Sheriff's had been called little did they know that the Sheriff's were there with City Staff. She is bringing this up because it could happen again. Give us a name on who to call if this were to happen again on a Friday, Saturday, or Sunday night, so we can call and say we have a problem on Delta again. Commissioner Lopez stated do we have any more questions we have a representative from Wal -Mart to address these issues. Jim Flournoy replied if these truck driver issues are not taken care of we are going to have the office of Supervisor Gloria Molina turn Delta into a cul -de -sac. Marlene Shinen stated that might be the answer. Commissioner Lopez asked who is monitoring the trucks coming in on Delta? It has been stated and complained about before and the trucks do not belong on Delta. He is also concerned with a wall that has air conditioners way above it and it doesn't do anything. Celia Nishimura replied trucks are not supposed to be delivering after 10:00 p.m. What are they doing at 1:00 or 2:00 in the morning? Representative from Wal -Mart asked what kind of trucks are they? Celia Nishimura replied one of those big things that say Wal -Mart. Representative from Wal -Mart replied, your right, they are not suppose to deliver after 10:00 p.m. and about 6 weeks ago when she contacted the store manager she was assured by the store manager that there we no deliveries being made after 10:00 and most deliveries were made by 6:00 p.m., but she will contact the store manager again to find out what is happening and make sure that is not happening, because your right that is not suppose to happen and it's definitely not going to be happening. I have driven down Delta because I want to experience what you have been going through. I'm not a resident of Rosemead I live in San Bernardino right now and I can't be here at night, but I walked behind the store to see what the residents are experiencing and unfortunately one of the things of the transformer is that we didn't have control over its placement or position, that is my understanding. But what we are doing about it now is meeting with your City officials and sitting down with Edison and see how we can screen that better and take care of safety issues and see if we can resolve some of those problems with the transformers. Another item that we are doing is I am working with our engineer to figure out exactly what our resources of noise, because just putting up a sound wall that doesn't go far enough or doing mitigation for what we think is the problem without actually figuring out what it is isn't really doing anything. So I am working with engineers to having our team go out there and see what the actual sources of noise are. Are they the actual air conditioning units on the roof because if they are not if we shield them Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 12 of 15 more we are not going to actually solve the problem? Once we figure that out, we can figure out how to mitigate it and how to get that noise level beyond the level it should be for the noise ordinance. Then we can resolve that problem as well. The other issue that came up was the television commercial, I'm sorry 1 was not aware that a commercial had been done, but I will see what I can find out from a Wal -Mart representative and see if they have any plans or anything like that to make sure they have some sort of notice. The main issues she has taken notes on were the truck deliveries, the noise, the transformer placement and safety and the commercial. Are there any other specific issues or questions I am more than happy to try to address them here or if I can't I will go back to a representative and try to get answers for you. Please be patient we are trying to work out the problems and be good neighbors and make sure that this does get resolved. Marlene Shinen asked do you think it is safe for Wal -Mart employees to have a propane tank barbecue next to a transformer for their social gatherings, which is a fire escape area behind the store without a patio? Wal -Mart representative asked when did that happen? Marlene Shinen replied but it was not audible. Marlene Shinen also remarked that there are skateboarders back there also. Wal -Mart Representative replied what she would do is contact our security team at the store and see how often they are making sweeps and see if we can keep people away from behind the store and keeping skateboarders out of there. Commissioner Kunioka stated one of the mitigation measures for the noise is the trees that are suppose to be on Delta. Will they ever be robust enough to serve the purpose for sound mitigation? Is the soil there poor and not conductive to root strength? And he heard the trees are falling over. If the trees are falling over then we will never get that sound barrier. Who is monitoring the tree issue; Wal -Mart or the City? Can you find out who is responsible for those trees and come back and let us know. Wal -Mart Representative replied she would find out for him. Commissioner Lopez asked any more questions? Lydia Martinez, 1921 N. Delta, a resident stated the noise is a big problem, traffic generated by Wal -Mart is a problem, she cannot watch television or listen to radio with her windows or door open. Too much traffic too much noise. There is a constant humming noise that I gather is from air conditioning that goes 24/7. There is a noise that bounces back and forth from the Wal -Mart wall to our Condo wall. I can't relax any more. There is a lot of trash, Wal -Mart trash, McDonald's trash and now we will have more trash because of the other things that will be developed there. There are a lot of skateboarders that like the little ramps that Wal -Mart built back there. They really love those, so there are a lot of issues and I think Wal -Mart didn't pay attention to the fact that there were people that are living, eating, sleeping right there you know 50 to 100 feet from the back wall. They didn't take that into consideration at all. They put us through a lot when they were building the place. You know dust, the trucks, and the workers. There were days they cut off our electricity and water and there were days Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 13 of 15 we couldn't even drive on Delta. We went through a lot. Not once did Wal -Mart come and say to us what can we do to make your life better? Nothing, like we weren't there and I am very resentful about that because I live there. There are retired people that live there and young families and there is a lot of traffic. The traffic has increased tremendously and it is generated by Wal -Mart. Now there will be 5 signals between Walnut Grove and San Gabriel Blvd. Is that logical, I know it's probably safe for the children but we can eliminate one. We don't' need one that points out Wal -Mart, we know Wal -Mart is there. You don't need a street that Wal -Mart. This is a concern that the City didn't considerate with us either. It has become a lot harder living there for a lot of people. A lot of people don't want to come and talk, because no one would hear us for about 4 years. We talked and went to hearings and they ignored us completely. Wal -Mart representative replied I hope we will be able to resolve the noise. Lydia Martinez replied it's not only noise, its trash and dust, were always watering down our patios, smog and too many cars they are endangering my life and the children of Rice Elementary. There were a lot of things that Wal -Mart could've taken into consideration. They could've built a smaller Wal -Mart but no they had to build a Super Center. There were a lot of problems that came with that. Commissioner Lopez thanked Lydia Martinez and asked is there anyone else wishing to speak. Marlene Shinen replied that the Wal -Mart Representative seemed nice and very concerned and she would like to show her the sound wall that was used to protect the construction and noise that was done just 50 feet from their house in December. This screen was all they had for protection between the back of the store and' Delta. There was a lot of damage due to the recall. Commissioner Kunioka stated there was supposed to be a 14 ft. sound wall prior to start of construction and that's all they put up. Commissioner Lopez asked the Wal -Mart Representative if she was o.k. with everything? Wal -Mart Representative replied yes, I hope to be able to resolve these issues. I will check with security and try to take care of skateboarders immediately and talk with the store manager about truck deliveries. I will continue to work with City Staff regarding some of these other issues. Jim Flournoy stated he was pleased with the success of the shopping carts. Commissioner Lopez replied thank you and asked if there were any more questions? Hearing None Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 14 of 15 7. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 8:18 p.m. MOTION BY COMMISSIONER VUU, SECONDED BY CHAIRMAN LOPEZ TO ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. ME /RL Rosemead Planning Commission Meeting: Monday, June 2, 2008 Page 15 of 15