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PC - 07-07-08CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES July 7, 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 Rooms 1 & 2 of Rosemead Community Recreation Center at 3936 N. Muscatel Avenue, Rosemead. Chairman Lopez led the Pledge of Allegiance. Commissioner Vuu delivered the invocation. ROLL CALL: PRESENT: Vice - Chairman Kunioka, and Chairman Lopez, Commissioner Vuu, ABSENT: Commissioner Cam EX OFFICIO: Everling, Lockwood, Agaba, 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 of 8655 Landis View Avenue, a resident, stated he wanted to get a status update on the projects we approved last year and was paperwork signed for the professional services agreement with Earth Consultants, International. City Planner Matt Everling replied he was told to put it on hold. Mr. Jim Flournoy asked by whom. City Planner Matt Everling stated he met with City Attorney Joe Montes and Assistant City Manager Brian Saeki last week regarding the signatures and he was told to put it on hold. Chairman Lopez stated anyone else wishing to speak. Rosemead Planning Commission Meeting: Monday, July7, 2008 Page 1 of 10 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 — June 16, 2008 Vice - Chairman Kunioka had corrections, on page 4, paragraph 8, should be "design" not "line ", same paragraph line 5 word should be "covered" not "public ", page 5, 13 paragraph word should be "how" not "hard ", page 6 last paragraph after the word suspicious there should be a colon, page 9 first paragraph first line there should be a period after the word continue, page 9 last paragraph should be 8'6" not 8'16'., page 10 the second paragraph the word "disastrous" should be "desirable ". Attorney Yin had corrections on Minutes of June 16, 2008 and will call staff to advise. His corrections are page 7, paragraph 9 the word "your" should be "you're ", page 8, paragraph 7 word should be "lose" not "loose ", page 10, and first paragraph word should be "masonry" not "mason ". The word "geotechnical" should be one word not two. Page 14, paragraph 9 word should be "litigation" not" litigate ". 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, VUU NO: NONE ABSENT: CAM ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 4. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 01 -820 (MOD) & DESIGN REVIEW 07 -145 — Sue Lee of CHCS has submitted applications to expand the existing Double Tree Hotel located adjacent to the Montebello Town Center. The subject site is located at 888 Montebello Boulevard in the C -3D (Medium Commercial with a Design Overlay) zone. RESOLUTION 08 -13 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 01 -820 (MOD) AND DESIGN REVIEW 07 -145 FOR THE ADDITION OF 54 GUEST ROOMS WITH A LOBBY TOTALING 54,739 SQUARE FEET, A 12,440 SQUARE -FOOT BALLROOM AND AN ATTACHED 86,527 SQUARE -FOOT PARKING STRUCTURE TO AN EXISTING HOTEL LOCATED AT 888 Rosemead Planning Commission Meeting: Monday, July 7, 2008 Page 2 of 10 MONTEBELLO BOULEVARD IN THE C -31D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 5271- 002 -061). Presentation: City Planner Matt Everling Staff Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 01 -820 (MOD) and Design Review 07 -145 for a period of six (6) months and adopt Resolution 08 -13, subject to the conditions outlined in Exhibit "B" attached hereto. City Planner Matt Everling made his presentation Chairman Lopez stated this matter is now open to the public, applicant, or designer. Attorney Yin asked City Planner Matt Everling if the Planning Commission had the opportunity to review the comments given to him by Ariel Socarras from the City of Montebello. City Planner Matt Everting replied no. Attorney Yin recommended that Planning Commission take a recess to review the comments Chairman Lopez called a 5 to 10 minute recess to review comments. After recess, Chairman Lopez stated this matter is now open for public comments. Mr. Johnny Li, residing at 1102 King St., San Gabriel, Architect of Double Tree Hotel Project, expressed he would like to build a nice hotel for the City. Mr. Li stated he has two concerns. One is the aesthetic design of the hotel and the second is parking and traffic. Mr. Li stated he wanted an animated design for hotel wedding party patrons. Mr. Li stated he is very confident with the parking structure and he is relying on the traffic study for street parking. Mr. Li stated there has already been some design modifications and explained the levels of parking. Mr. Li stated is available for any questions. Vice - Chairman Kunioka asked Mr. Li about the timing of Phase I and Phase II and if the hotel will lose some of the parking when Phase II starts. Mr. Li replied one third of the existing parking lot will be affected. They plan on opening the rear access first before construction starts on the ballroom. The existing parking lot will be available and maybe less than 100 parking spaces will be affected. Vice- Chairman Kunioka asked, what is the time frame between Phase I and Phase II? City Planner Matt Everting replied Phase I will begin this fall, 2008 and hopefully Phase II will begin in "2010 ". Vice - Chairman Kunioka replied thank you. Chairman Lopez asked are there any other questions or anyone else wishing to speak? Rosemead Planning Commission Meeting: Monday, July 7, 2008 Page 3 of 10 Ariel Socarras, Planning Manager of City of Montebello, Montebello City Hall address is 1600 W. Beverly Blvd., Montebello 90640. He stated the City of Montebello's position is not in opposition of this project. He also stated that their Agency's comments would like to be considered as advisement to City of Rosemead staff as well as the Commission to ensure that the proper requirements such as CEQA are submitted. Mr. Socarras stated that the City of Montebello appreciates and would like to commend staff and the environmental consultant on communication; everyone was very helpful and consistent with this process. He also stated he has three topics he would like to bring up. One is the aesthetics, second is biology and third is transportation. The details of this project could have a different design a more contemporary or traditional design. He stated this design is inconsistent with the existing hotel and parking structure. Mr. Socarras stated that as far as the biology issue this site is directly adjacent to the land of the federally protected California Gnatcatcher (a bird). He also stated according to the biological survey provided by the environmental consultant to the City of Montebello, it was shown there is no evidence of the Gnatcatcher or its habitat on the site. He stated it may be prudent that we obtain some sort of approval from an authorizing agency like U.S Fish and Game due to endangered species and because it is adjacent to site. Mr. Socarras stated lastly is transportation and he noted that the traffic study did not consider the Monterey Park, "Home Depot" which is north of the landfill site which was approved 10 years ago. He stated that this project should be considered for traffic impacts. He stated in the traffic study there was no count conducted for Saturdays. Mr. Socarras stated he would like to know for sure if they were done. Mr. Socarras also stated the parking concern for the 12,000 sq. ft. Ball Room area and how it can impact the parking at the Montebello Town Square Mall. Montebello city staff is requesting that the conditions of approval require the hotel notify their patrons that parking at the Montebello Town Center Mall will not be allowed. He also stated he does not know if the Double Tree Hotel will be charging for parking. Chairman Lopez asked anyone else wishing to speak. Jim Flournoy, 8655 Landis View a resident wished to commend the architect and hopes that the back will look like the front. Chairman Lopez and the architect showed the diagram to Mr. Jim Flournoy. City Planner Matt Everling stated the design is four sided architecture. Mr. Jim Flournoy stated that Countrywide Mortgage used a shuttle service and recommended maybe we can use that system when we are short of parking spaces and that Country Wide is no longer using their parking lot. He also stated his concerns with the existing Eucalyptus Trees. City Planner Matt Everling stated several of the Eucalyptus Trees are going to be removed Mr. Jim Flournoy stated comments on traffic with Home Depo and Walmart. He also questioned who did the grading of the Montebello Town Center, was it Rosemead or Montebello? Rosemead Planning Commission Meeting: Monday, July 7, 2008 Page 4 of 10 City Planner Matt Everling replied he had no idea. Jim Flournoy stated the geotechnical report still needs to be looked at. City Planner Matt Everling stated the last edition of the conditions of approval had a Geo 1 Jim Flournoy replied we need to find the original inspections and reports to save time with the geotechnical consultant. Mr. Flournoy asked City Planner Matt Everling, if he received the comments he had sent and if received copies. City Planner Matt Everling replied the comments he received were regarding the geological. Jim Flournoy asked if City Planner Matt Everling had passed them out. City Planner Matt Everling replied they were Mr. Flournoys comments that were resolved between staff and Mr. Flournoy. Matt Everling did not know that Jim Flournoy wanted them distributed to the commission. Attorney Yin asked Jim Flournoy if he could present some of his comments now Mr. Flournoy said no he could not as he did not have his notes and made references to the geotechnical report that was submitted. City Planner Matt Everling stated that he had a conversation with Mr. Flournoy at the counter at City Hall referring to the written comments, and that he had been in touch with the geotechnical consultant that did the report and had supplied Flournoy's comments to the consultant. The geotechnical consultant requested City Planner Matt Everling get in touch with Mr. Jim Flournoy so that Mr. Flournoy could clarify his comments to the geotechnical consultant himself. The geotechnical consultant wanted to clarify and respond to Mr. Flournoy directly but told City Planner Matt Everling that he had never heard back from Mr. Flournoy and could not understand Flournoy's concerns. Mr. Flournoy replied that he did not know he was to contact the geotechnical consultant. Attorney Yin asked Mr. Jim Flournoy if he thought his comments were taken into account. Mr. Flournoy replied it looks like it. City Planner Matt Everling stated that Mr. Flournoys comments would be taken under account under Condition 37. Mr. Flournoy replied we can work with Condition 37. Mr. Flournoy also would like the questionnaire corrected. City Planner Matt Everling stated he received Mr. Flournoys comments on Tuesday, June 17, 2008 and he forwarded Mr. Flournoys comments on the same day to the consultant who actually wrote the geotechnical report. City Planner Matt Everling stated that he had requested that the geotechnical consultant respond by June 30 The geotechnical Rosemead Planning Commission Meeting: Monday, July 7, 2008 Page 5 of 10 consultant called Matt Everting and stated that he could not decipher what Mr. Flournoy was talking about. City Planner Matt Everling asked Mr. Flournoy to clarify his comments, and maybe break it down so the geotechnical consultant could address each one individually but unfortunately Mr. Flournoy never did. Attorney Yin stated Condition 37 will address what is being discussed and that we will reach the end result. Chairman Lopez stated anyone else wishing to speak may come up and do so. See None Chairman Lopez stated anyone wishing to speak against this project. See None Chairman Lopez stated at this time we will open for Public Comments and if there are any questions you would like answered. Vice - Chairman Kunioka asked in terms to the City of Rosemead would this be a County Fire response not a City of Montebello response. City Planner Matt Everling replied correct. Vice - Chairman Kunioka stated he is trying to understand language of Condition 30 on page 8, is this intended to proclaim things for seminars where people are selling living trusts and things of that sort. City Planner Matt Everling replied no it would not preclude that. Vice - Chairman Kunioka asked specifically what are we trying to do. City Planner Matt Everling replied there are people that will be trying to set up shop in the lobby and try to sell things, vendors selling things to tourists. Vice - Chairman Kunioka asked without the approval of the hotel. City Planner Matt Everling replied yes. Attorney Yin stated we should include that, "without the express permission of the hotel management." City Planner Matt Everling replied sure we can do that. Vice - Chairman Kunioka stated he has questions on language of Conditions 32 and 33. Chairman Lopez stated that Attorney Yin could look into the language, and if hotel gives permission to vendors will they need a business license to sell their products. Rosemead Planning Commission Meeting: Monday, July 7, 2008 Page 6 of 10 Vice - Chairman Kunioka stated his concerns on wording of Conditions 32 and 33 and would like the language made clearer. Attorney Yin suggested that Condition 32 language should be changed to, "Hotel patrons shall be prohibited from parking in the Montebello Town Center. Unless such permission is granted by the owners of Montebello Town Center, the hotel management shall advise its customers not to park in the Montebello Town Center at any time. The hotel management shall post a written notice in the hotel lobby and in the hotel parking lot informing customers of this condition. (Modified by Planning Commission on 7- 7 -08), City Planner Matt Everling asked did that show up on tape and requested Attorney Yin to repeat one more time to make sure. Attorney Yin repeated his suggested changes but tape ended and it needed to be turned over. Tape recording did not get all of the repeated Condition changes. City Planner Matt Everling stated that the proposed changes sounded fine to him. Chairman Lopez stated that patrons would get permission only through the hotel. Vice - Chairman Kunioka stated there are some minor changes and asked if they could be looked into now. City Planner Matt Everling replied yes. Vice - Chairman Kunioka stated on page 44 under C., it refers Don Bosco as a public high school and it is not. Let's take out the word public. On page 59, paragraph F., the word "close" it should be "closes ". On page 67 under 1.15 it should be "straight not stripe ". On page 33, there is discussion of watering the site during grading and Vice - Chairman Kunioka did not see watering as any mitigation. Chairman Lopez said it was a standard condition of approval. Vice - Chairman Kunioka stated he thought it was standard and he just wanted to make sure. City Planner Matt Everling stated it was standard. Vice - Chairman Kunioka asked if parking will be free or are they proposing to charge a fee. Mr. Johnny Li, Architect of Double Tree Hotel stated that hotel management will not charge for parking during construction. He also stated on the south side of the site during normal hotel service there will be valet service available for patrons for a slight charge. City Planner Matt Everling asked Mr. Li if that is through a valet service not through the hotel and stated that some valet services are independent contractors unless they are employees. Chairman Lopez asked if valet parking is the choice of the patron. Rosemead Planning Commission Meeting: Monday, July 7, 2008 Page 7 of 10 Mr. Johnny Li replied yes. City Planner Matt Everling asked the Planning Commission if they wanted to add that to the conditions. Planning Commission stated that they should add the condition that the hotel should not charge for self parking. Attorney Yin stated that valet services should stay available for wedding parties or special events. Vice - Chairman Kunioka stated during Phase II of construction all parking (including valet parking) should be free. Mr. Johnny Li, Architect stated he had no problem with that during construction. City Planner Matt Everling stated that we can revise the conditions to state that the Hotel shall not charge for parking during Phase II of construction. Chairman Lopez asked are there any more questions. Vice - Chairman Kunioka stated he had a couple of more questions and corrections. On page 26 there are a couple of corrections that need to be taken care of. In the last section above 143 the word "is" it should be "of'. He also referred to a comment about fully shielded light standards in the parking lot but it was not audible. Vice - Chairman Kunioka stated two questions: One on the Gnatcatcher and the other on traffic service. Vice - Chairman Kunioka questioned the survival of the Gnatcatcher and the flying distance. Vice - Chairman Kunioka wished to clarify that the Endangered Species Act would only apply if the land in question was classified as "critical habitat" for the Gnatcatcher. Simply having an endangered species fly by or land on the area in question would not trigger a review. City Planner Matt Everling stated we will have to refer that question to the consultant. Mr. Phil Martin, of Phil Martin & Associates, 18551 Von Karmen Ave. Suite 140, Irvine, stated based on the biologist's survey there isn't any Gnatcatcher habitat on the property, and there isn't any vegetation on the site to support nesting. Mr. Martin stated there really is no need to contact Fish and Wildlife because there isn't any habitat on site. Vice - Chairman Kunioka asked if they could possibly fly there. Mr. Phil Martin stated they could possibly fly there but they will not stay there because there is no habitat. He stated the biologist stated in his letter there are Eucalyptus Trees and no grass so it is not habitable. He asked if that answered his question. Rosemead Planning Commission Meeting: Monday, July 7, 2008 Page 8 of 10 Vice- Chairman Kunioka replied yes, thank you. Vice - Chairman Kunioka asked a question regarding traffic; is the existing parking lot satisfactory and will any additional cars make a significant impact? Mr. Phil Martin referred the question to the traffic consultant. Chairman Lopez stated please state your name and address. Carl Ballard, Traffic Consultant, Kunzman Associates, 1111 Town & Country Road, Suite 34, Orange, replied you can have up to levels of E as well as F or a point or two increase. Vice - Chairman Kunioka asked if that included the freeway. Traffic Consultant replied the project does not generate enough traffic to make a significant impact. Commissioner Lopez asked any other questions. Chairman Vuu asked why a mitigation measure was not considered for a Saturday for traffic. Traffic Consultant replied in June 2008 they did conduct a Saturday analysis and we did not show a significant impact of traffic. Commissioner Vuu replied so you have already done this study. Traffic Consultant replied yes we did June 2008. Chairman Lopez stated any other questions. Before the motion Chairman Lopez stated he has one comment, "You have a beautiful hotel coming." MOTION BY COMMISSIONER VUU, SECONDED BY VICE - CHAIRMAN KUNIOKA TO APPROVE Vote results: YES: KUNIOKA, LOPEZ, VUU NO: NONE ABSENT: CAM ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Chairman Lopez stated he is ready to let Vice - Chairman Kunioka take over as Chairman whenever he is ready. Rosemead Planning Commission Meeting: Monday, July 7, 2008 Page 9 of 10 Vice - Chairman Kunioka stated he is ready whenever Chairman Lopez is ready to step down. Attorney Yin suggested they work something out. 6. MATTERS FROM THE CITY PLANNER AND STAFF A. City Planner Matt Everling stated he wanted to give an updated status of the General Plan. We have received the public review comment draft of the General Plan from the city's consultant and are in the process of having copies made and distributed to the Planning Commission, Council Members, City Manager as well as the Assistant City Manager. He is also going to make copies of the draft public review comment made available to the public at the counter and library. At this time there are no additional comments being taken on the General Plan it is just for review only. Hopefully this General Plan will be the document that moves forward to the public hearings. We are still waiting to receive the draft of the environmental impact report from our consultant and we are expecting that document at the end of this week. So next week we will distribute copies of the draft EIR to the Council, Planning Commission, City Manager, and Assistant City Manager. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 8:10 p.m. MOTION BY COMMISSIONER VUU, SECONDED BY VICE - CHAIRMAN KUNIOKA TO ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. M E /RL Rosemead Planning Commission Meeting: Monday, July 7, 2008 Page 10 of 10