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PC-11-19-07CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES November 19, 2007 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. Chairman Lopez led the Pledge of Allegiance. Commissioner Vuu delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice - Chairman Kunioka, Commissioners Bevington, Cam, and Vuu ABSENT: None EX OFFICIO: Agaba, Bermejo, Everling, Trinh, and Yin 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 last Friday, he attended a seminar at Caltech. He discussed about a "shakeout" that Caltech will hold next year and how he would like the City to participate. He said it's a disaster drill for a 7.8 earthquake on the San Andreas Fault. He said they will shut down railroads and the Cajon pass. He said one concern that came out of it, as far as Rosemead, is the old concrete type pipe. He said it's more brittle then clay pipe. He also said they're concerned that it's so brittle and stiff that it may crack. He said they figured that it will take 6 -9 months to dig up and replace all the cracked pipes. He also stated he would like the city to get involved in the shakeout process. Mr. Mark Ostoich stated he submitted a speakers card regarding the Wal Mart Conditions of Approval. Chairman Lopez stated he can speak later on item 6. Rosemead Planning Commission Meeting: November 19, 2007 Page 1 of 17 3. PUBLIC HEARINGS A. General Plan Amendment 07 -05, Zone Change 07 -228, Conditional Use Permit 05 -1013, Planned Development Review 07 -02 Zone Variance 07 -349, Design Review 05 -127, and Tentative Tract Map 069258 — 9400 -9416 Valley Boulevard. Tammy Gong has submitted applications for a new three -story mixed -use development project consisting of 38 residential condominium units (27,669 square feet) above 10,010 square feet of commercial /retail space on 23,406 square feet of land (0.537 acres) located at the southeast corner of Valley Boulevard and Rio Hondo Avenue. Resolution No. 07 -53 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING TO THE CITY COUNCIL FOR APPROVAL OF GENERAL PLAN AMENDMENT 07 -05, ZONE CHANGE 07 -228, CONDITIONAL USE PERMIT 05 -1013, DESIGN REVIEW 05 -127, PLANNED DEVELOPMENT REVIEW 07 -02, ZONE VARIANCE 07 -349, AND TENTATIVE TRACT MAP 069258 FOR CONDOMINIUM PURPOSES AND RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM ON THE PROPERTY LOCATED AT 9400 -9416 VALLEY BLVD (APN: 8593 - 001 -001, 002, 003 and 004). Presentation: City Planner Matt Everling Staff Recommendation: Staff is requesting that this item be tabled to a future Planning Commission Agenda. City Planner Everling stated the applicants are requesting that this item be tabled to a future Planning Commission Agenda. Vice - Chairman Kunioka questioned if public comments should be allowed to address these issues. City Planner Everling stated yes. Chairman Lopez opened to public hearing to those who would like to address the issues. Commissioner Bevington questioned if this will be re- noticed and if another public hearing will take place. City Planner Everling stated yes. He also said it will come back before the Commission as a public hearing item. Mr. Jerome Quirk of 9460 Steele Street, a neighboring resident, stated he's concerned about this project. He said its 3 -story high in a residential zone. He's also said he is concerned about the traffic. He said there's a lot of congestion east, west, south, north, and from Mission Road. He discussed about the shopping center on Valley Boulevard and Hart Avenue and how it is congested because people use the Hart Avenue entrance into the center, rather than the Valley Boulevard entrance. He's said he's concerned the Rosemead Planning Commission Meeting. November 19, 2007 Page 2 of 17 same thing will occur on the corner of Rio Hondo Avenue and Valley Boulevard. He questioned what will happen to all the cars that are waiting to go into the project off of Rio Hondo Avenue. He also questioned if people will go underground in parking. Chairman Lopez stated these are conflict concerns that staff is looking into. Mr. Quirk discussed about the chemicals in the soil because it was previously a dry cleaners. He said it needs clearance when digging up the dirt. He added the number of cars will impact people living around that neighborhood. Mr. Brian Lewin of 9501 Ralph Street, a neighboring resident, stated he lives a couple of blocks south of the project. He said he generally likes the design of the project. He questioned if a soil sample has been done on that site. City Planner Everling stated he will make a note of it for the environmentalist to see if there is any information regarding the concern Mr. Lewin said his reservation is that it's 3 -story high. City Planner Everling stated that is why they submitted a zone variance application. Mr. Lewin said one possible solution is to basically remove the back half of the third floor, which will reduce the number of condominiums available, but it might fit the sideline problem and potentially alleviate some parking issues. Ms. Anita Angel of 9419 Steele Street, stated she didn't come prepared tonight because she thought it would be cancelled. She said she is a neighbor behind the project site and she disapproves this project. She also said she's really concerned. She said she agrees with her neighbor regarding this project and how it will create a lot of traffic. She added her neighbor isn't prepared tonight also, because he didn't bring his translator. City Planner Everling questioned if she is the same owner that has just remodeled their home. Ms. Angel answered yes. She said there's going to be too much traffic and its 3- stories high. She also said her husband is Arturo Angel, who has been doing his calculations for this project. Mr. Cong of 3954 Rio Hondo Avenue, a resident, questioned if notices will be sent out to neighboring residents when the item is a public hearing item. City Planner Everling stated we will send a notice 10 days prior to the public hearing. Chairman Lopez opened to public hearing to anyone else who would like to speak. None. MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER VUU to Rosemead Planning Commission Meeting: November 19, 2007 Page 3 of 17 TABLE GENERAL PLAN AMENDMENT 07 -05, ZONE CHANGE 07 -228, CONDITIONAL USE PERMIT 05 -1013, PLANNED DEVELOPMENT REVIEW 07 -02, ZONE VARIANCE 07- 349, DESIGN REVIEW 05 -127, AND TENTATIVE TRACT MAP 069258 TO A FUTURE PLANNING COMMISSION AGENDA. Vote results: YES: BEVINGTON, CAM, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. B. Conditional Use Permit 07 -1108 — 8841 Garvey Avenue and 3023 Ivar Avenue. Johnson Wu has submitted a Conditional Use Permit application to construct a 10,646 square -foot proposed retail /office building located at 8841 Garvey Avenue and 3023 Ivar Avenue in the M -1 (Light Manufacturing and Industrial) zone. Resolution No. 07 -54 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 07 -1108, FOR THE CONSTRUCTION OF A NEW TWO -STORY COMMERCIAL BUILDING AFFECTING TWO ADJOINING PARCELS, TOTALING 10,646 SQUARE FEET OF FLOOR AREA, TO ACCOMMODATE RETAIL AND OFFICE USES, LOCATED AT 8841 GARVEY AVENUE AND 3023 [VAR AVENUE IN THE M -1, (LIGHT MANUFACTURING AND INDUSTRIAL) ZONE (APN: 5289 - 011 -020 AND 021). Presentation: Senior Planner George Agaba Staff Recommendation: APPROVE Conditional Use Permit 07 -1108 for six (6) months and ADOPT Resolution 07 -54, subject to the conditions outlined in Exhibit "B." Senior Planner Agaba stated the applicant and representative were present and asked the Commissioners if they have any questions. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Mr. Wilson Tan of 235 E. Main Street, #200, Alhambra, the architect, stated this building is in an area that is slowly transitioning. He said the area has a lot of old buildings and the proposed building doesn't have that strip mall look. He also said the parking is behind the building. He then said the building will compose of new and upscale materials. He said the switch panel they are using is very expensive material, which Caltrans uses in Downtown, LA. He also said the lighting they are proposing on the corner of Garvey Avenue will provide some kind of illumination in that area of Garvey Avenue. He ended by saying that this kind of facility is needed to speed up the transition on Garvey Avenue and he asks for the Commission's blessings. Rosemead Planning Commission Meeting: November 19, 2007 Page 4 of 17 Commissioner Bevington stated they need 43 parking spaces and he doesn't see how they can get 43, if stalls 37 and 38 are not available. Vice - Chairman Kunioka stated those two spaces have a long drive -in. He said the space is there, but it just goes further in than the normal space. City Planner Everling stated the backup distance is a little over 30 feet and staff thought it would be a little too far for someone to backup. Bevington stated he's not saying that anything is wrong with the staff report. Matt stated he believes the site does not have a total of 25% of compact parking spaces, so they actually converted some of the spaces to compact and they used some reconfiguration to maintain the same number of parking space. Commissioner Bevington said he's not objecting, he just wants to see how it's done. He also said he doesn't know how to vote yes on this project if they are required to have 43 parking spaces. City Planner Everling stated the Commission can ask staff to work with the applicant in maintaining the same number of spaces. Vice- Chairman Kunioka questioned if 30 feet is long enough to stack cars there, like for employee parking. City Planner Everling said they may be able to do that, but they will block the egress by six spaces. Mr. Wu stated there are extra spaces there and they can make adjustments. City Planner Everling said looking at the site plan, all the compact spaces are scattered, so if they combine it all in one area, they would gain that space back. Commissioner Bevington said he votes to approve, but staff needs to get those spaces. City Planner Everling stated staff will work with the applicant and if they can't maintain the 43 spaces, they will come back to the Commission. Mr. Flournoy discussed about #12 of the Planning Environmental Application. He said there isn't anything about the Seismic Hazard Mapping Act Zone. He also said we have to figure how much shaking will be done on the site. He referred to his fault shaking drawing and said on the last four, they used the Raymond Hill Fault. He said there is a fault near the Wal -Mart. He said the Puente Hills Fault is not on the building code map, so they are usually overlooked. He said the amount of shaking you get from the Puente Hills or Upper Elysian Park Faults is considerably more than the Raymond Hill or Whittier Faults. He said you have to figure out what the shaking is at the very beginning, even before the Seismic Hazard Mapping Act report. He also said you have to figure out what the shaking is before you can do a liquefaction study. He said in this case, you have to Rosemead Planning Commission Meeting: November 19, 2007 Page 5 of 17 look at the foundation. He also said the state shaking map always assumes that you're in a soil type B. He said that's not Rosemead, the soil type to the building code is soil type D. He then said a condition needs to be added that they use soil type D. Chairman Lopez questioned Mr. Flournoy on who makes the decision to use what fault or soil type to base it on. Mr. Flournoy stated there are maps for soil type. Chairman Lopez questioned who determines what it's based on in the City of Rosemead. Mr. Flournoy stated if a Seismic Hazard Mapping Act Report is done, they can site specifically calculate what it's going to be. Chairman Lopez questioned staff on who is telling us what numbers we're suppose to use and what we're suppose to do. Mr. Flournoy said the Seismic Hazard Mapping Act tells you how to do it. He said then a report goes to a reviewer who works for the City and they will review what the standards of practice and laws are. Chairman Lopez questioned if Mr. Flournoy is saying the City should be using something different from what is used. Senior Planner Agaba stated the State of California Resource Code requires an engineer or geologist to prepare a soils report. He said this site has a structure that was built in 1936. He said once an application comes in, we check if it's in a fault zone, liquefaction zone, CEQA, or EIR. He said from a planning perspective, these plans have been reviewed by an engineer or geologist, and then it was submitted to the Building Official. Chairman Lopez said he agrees with Mr. Flournoy. He said we need to see some soil samples now. He said we need more than a stamp, so we can argue whether it's good enough or fair enough. He wants to see that it's been done. City Planner Everling stated he's trying to stem those questions, so we created that Pre - Application process. He said a lot of things will come out at the beginning of the project. He said Mr. Flournoy discussing about having that information is in the staff report, but with that condition of approval, it comes after the Planning Commission review and prior to building permit issuance. Mr. Flournoy stated the Planning Commission is getting on track, but there are projects going on in the City that he has asked for Seismic Hazard Mapping Act reports, but no one has anything. He said the guy doing the plan check has no clue what he's supposed to do. Mr. Quirk questioned if the previous public hearing will be re- noticed. Chairman Lopez stated yes. Rosemead Planning Commission Meeting: November 19, 2007 Page 6 of 17 Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: None. Chairman Lopez closed the public hearing to the public and opened the discussion to the Commissioners. Vice - Chairman Kunioka questioned if that condition will be added. City Planner Everling stated yes. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. MOTION BY VICE- CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER BEVINGTON, to APPROVE CONDITIONAL USE PERMIT 07 -1108. Vote results: YES: BEVINGTON, CAM, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 4. CONSENT CALENDAR — These items are considered to be routine actions that may be considered in one motion by the Planning Commission. Any interested party may request an item from the consent calendar to be discussed separately. A. Approval of Minutes — November 5, 2007 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: BEVINGTON, CAM, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Commissioner Bevington congratulated staff on the last meeting's minutes. Chairman Lopez declared said motion duly carried and so ordered. Rosemead Planning Commission Meeting: November 19, 2007 Page 7 of 17 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Vice - Chairman Kunioka stated he is very impressed with the minutes. 6. MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF Chairman Lopez opened the Wal -Mart Annual Review to members of the audience. Mr. Mark Ostoich of 550 Hospitality Lane, San Bernardino, CA, on behalf of Wal -Mart stores and stated he's under the impression that this item was not noticed, so he perceives it as an informational item for discussion. He referred to the staff report and said there are a few items that needed to be addressed. He said they have forwarded City Planner Everling the parcel map and the recorded CC &R and they are no longer lacking. He also said the two dead trees along Rush Street will be replaced by the end of this week. He said there was also an issue concerning the onsite sewer system that needs maintenance and it's addressed in the CC &R. He then said he believes they have satisfied those items. He said he counted 129 conditions and they have been met. He discussed about the two additional conditions. He said there is currently a 14 -foot wall on rush street that covers the truck maneuvering and loading. He said he believes they have satisfied these conditions. He said the previous City Attorney advised that they have met that condition. He also said from his understanding, that condition was created in order to act as sound mitigation to Delta Avenue residents. He said he knows the County of Los Angeles has recently conducted a noise study and both studies found that the noise does fall along the city noise limits. He said he drove by this evening and it's certainly an attractive wall. He then discussed about the Edison transformer and said it sits in the setback area, slightly below the grade of Delta Street. He said when shrubs are grown, you won't be able to see it. He also said the problem they encountered was that the Edison Company would not allow that facility to be placed underground because of the heat that it generates. He said he believes an Edison representative stood in front of the council a few months ago regarding this issue. He said they would have no problem complying with Edison requirements. He also said he believes it will be screened soon from any public view. He then asked the Commissioners if they have any questions. Vice- Chairman Kunioka questioned if should address noise and line and site studies to him. Mr. Ostoich answered yes. Vice- Chairman Kunioka questioned the line and site analysis and how high the pictures were taken above street level. He said he recalls they were taken 10 to 15 feet above street level. Mr. Ostoich answered he was under the impression it was 16 feet above street level. Vice - Chairman Kunioka questioned how they arrived at those numbers. Rosemead Planning Commission Meeting: November 19, 2007 Page 8 of 17 Mr. Ostoich said in consultation with the previous Planning Director that worked with them through the EIR was prepared, there were simulations of the building done in order to test the line and site analysis. He said after the store was built, it was retested, using the same conditions. Vice - Chairman Kunioka said he hasn't gone to the site with a tape measure, but he's moderately confident that the windows of second floor condos on Delta Street are higher than15 or 16 feet. Mr. Ostoich stated he thinks it's true. He said it's important to look at what is being tested. He also said this condition doesn't really specify height of which the study was to be done. He said this was done in consultation with staff. He said residents typically line and sight analysis for purposes of rooftop equipment is done from ground level, from the person walking down the street. He said he's not one of those residences, so he won't dispute what Vice- Chairman Kunioka is saying. He said in his experience, a line and site analysis isn't done that way. Vice - Chairman Kunioka questioned at what level was the noise study done. Ostoich said the noise study was done at human grade. Vice - Chairman Kunioka questioned the decibels. Mr. Ostoich stated he wouldn't say it's likely. He said sound attenuates over distance. He said the sound engineer's conclusion was the ambience of noise is from the streets. He also said they are not exceeding the noise. He said he drove there and the noise was from the streets. Vice - Chairman Kunioka said at the level of the residence, the sound issue may not be from the street, but from the compressors on the rooftop Mr. Ostoich said he can't challenge what he's saying, but noise consultants concluded they are not in violation. City Planner Everling stated the noise study that was done in September of this year, specifies the levels. Vice - Chairman Kunioka said he thought it was in August. City Planner Everling stated there were two done. He said the one in August was done by LA County and the second was done by the noise consultant. He read from the analysis, "the microphones were positioned at 5 feet and 15 feet above grade level." Mr. Ostoich said he believes they have satisfied the conditions. Chairman Lopez called speakers from the audience. Rosemead Planning Commission Meeting: November 19, 2007 Page 9 of 17 Marlene Shinen of 447 Drayer Lane, S. San Gabriel, stated she lives across the street and up the hill from Wal -Mart. She said the City of Rosemead allowed Wal -Mart to impose itself. She said they have affected by peace, quiet, safety and quality of life. She read Section 4.2 from the Mitigation Monitoring Plan, "As the Lead Agency, the City of Rosemead is responsible for ensuring full compliance with the mitigation measures adopted for the propped project. The city will monitor and report on all mitigation and construction activities, and will require the project proponent and its contractors to implement this mitigation monitoring plan. Additionally, the project Conditions of Approval require the incorporation of all mitigation measures as Conditions of Approval." She said Condition 59 states, "The Planning Commission shall conduct an annual review of the major tenant's operation to insure that it is complying with all conditions of approval." She said they have been non - compliant to so many conditions, but she will only consider one. She said she doesn't live there, but someone asked her to come. She also said the noise has been unbearable for the person who lives on the southwest part of Delta Avenue. She said this person has been complaining for a long time. She then read condition 27, "Electronic Shopping Cart wheel locks shall be installed on all carts that are utilized on the site to contain all carts within the perimeter property lines of the shopping center." She said the mitigation measures and conditions are created to protect the residents of the neighborhood. She said the Commission is mandated to ensure that Wal -Mart is in compliance. She said the staff report stated that the applicant has satisfied this condition. She questioned where in the EIR does it discuss about sign posting in the store and in how many languages. She said she contacted the store manager, Jorge Lopez, and he said, "if people want to take our cart, they'll do it anyway." She said that is why there are carts everywhere. She also said she asked Jorge how much the carts are and he said over $300. She said taking carts offsite is inviting criminal activity. She then hands some pictures of carts to the Commissioners. She questioned who is staff to say they have satisfied this condition. She said the sign posting is not in the EIR. She also said from September 2006 - October 2007, she's been taking pictures randomly and she has 45 of them in one year. She said the Planning staff should visit the site and look at the films. She said this is a holiday week and a lot of people are going out of town, so they ask for a public hearing for the people. She added Mr. Ostoich discussed about visiting the site this evening and said it was a quiet area, but if he visits at 6:00 in the morning, when the delivery trucks are present, he will hear the noise. She then read Section 4.5.1 of the Mitigation Monitoring Program, "in order to create a physical barrier between the construction activities and the residential uses located west of Delta Avenue, the western building wall and the 14 -foot perimeter wall located on the western property line shall be installed as part of the initial phase of construction. The barrier is intended to minimize construction noise and other construction related nuisances. These features shall be completed within 60 working days of project commencement." She brought a sample of the wall that was used as a building wall during the construction. She said this was what they put up and the poor neighbors had to listen to it. She also said they have it on tape and the decibels was over 94. Ms. Yuki Fukumoto of 1807 Delta Avenue, a neighboring resident, stated there are two things she would like to address. She said she just got a chance to scan through the Rosemead Planning Commission Meeting: November 19, 2007 Page 10 of 17 staff report. She said she wants staff to know that the transformers have never been an aesthetics issue, but a safety issue. She said she has done some research and there are transformers underground. She also said on two occasions, they had barbeque and they couldn't get any closer to the transformers. She said she doesn't blame Wal -Mart and she doesn't think the employees knew that the boxes were transformers. She said she wants staff too look into that to see if it's a hazard. She also said she wants to make it clear that it's not an aesthetics concern, but a safety concern. She then discussed about the carts leaving the site. She said signage isn't stated in the conditions of approval, it says carts are not supposed to leave the site. She said if they have satisfied that condition, carts aren't supposed to leave the site. She also said she has heard from residents of Delta Avenue who has complained about the noise and how they could not sleep at night. She said all is not well. She said people didn't attend this meeting because it's a holiday and people have told her, "What's the use, they won't listen." She said they don't feel like they're heard. She also said she has told people that there is a new council and there are new people on the Planning Commission, so they should voice their opinions. She said they have gone from a clean, non - smelly street to a dirty and smelly street. She said they also have water pressure. She also said as far as traffic, someone has just petitioned. She said one resident stated they don't go on Delta Avenue, but goes up on Rush Street because it's a hazard. She said things are not well and the fact people aren't speaking tonight is because they think there's no hope. Mr. Flournoy stated he is speaking for Ms. Li Bing. He then read a letter from resident Li Bing of 1723 Delta Avenue, which discussed about the noise and air pollution that she and her family is facing from the running machines and big trucks at the Wal -Mart site. He said most of the noise that people are talking about is coming from the machines and it's screened, but you can see through them. He said if you can see through them, you can hear through them. He said the wall on the south side needs to go past the Panda parking lot. He said there are things that can be done to fix this. He also said the transformer issue is a safety issue. He said he has spoken to Edison's attorney and they said Edison has changed their design to propagate their client. He said he doesn't know how that fits in. He then discussed about the pictures that Mr. Grimaldi had taken out of the window in his condo. He said you're looking at the main air conditioner right outside his window. He said the problem is we have a standard and he's not talking about the building code standard or city or county's noise ordinance, that's not the standard for this project. He said what the standard is for this project is in the EIR. He said the EIR said what's standard for this project is the loudest increase in noise is 1.5 decibels on Rush Street from trucks. He added, so anything that is more than 1.5 decibels increase is not in compliance with the EIR. City Planner Everling stated he believes its 5 decibels. Mr.Flournoy stated it's not hard to get 5 decibels increase of ambience. He said it's got to be 5 decibels from Mr. Grimaldi's room. Then he discussed about the sound wall issue. He said the sound wall is permitted, but it has never been brought to the Commission. He also said the sound wall was placed within 60 days, however, it created traffic on Delta. Then he distributed another photo regarding the sound wall. He said most of the noise is on the Delta Avenue side of the building and that is where Rosemead Planning Commission Meeting. November 19, 2007 Page 11 of 17 the problem is. He also said with this sound wall up, there wouldn't be any access through Delta Avenue, but on May 15 the sound wall was in their way, so they took it down. He added, there was no sound wall in November and Marlene has just shown the Commission the picture. He said the sound wall that Marlene had a sample of was the sound wall that was up after May 15 He said there was major construction done on the side of Delta Avenue and sound was bouncing off of the building and into the apartments on Delta Avenue for six months. He also said what Wal -Mart could have done differently is put up the sound blanket and the sound wall and leave the wings off and drive around the building without access to Delta Avenue. He said they are now screwed because they built the wings. He then distributed more of Grimaldi's pictures. He said the wall blew over and onto Mike Lewis's car. He quoted what previous Planning Services Administrator Brad Johnson said at a City Council meeting on August 8, 2006 regarding the block wall. He said this fiber thing would've taken the place of that block wall, but it's supposed to be solid block wall to protect children. He also said Councilman John Nunez even said "and a wall." He said Brad Johnson didn't even know what the mitigation measure said. Mr. Flournoy discussed about Planning condition 4, 5 and 6 and Engineering conditions 5, 6, and 7. He said the mitigation measure requires that there be a final determination of the earthquake fault zone by a geologist, but it was never done and the city hasn't coughed it up. He then said city building code requires a section 111 report, but we haven't come up with that. He said before the section 111 report is done, the Seismic Hazard Mapping Act report should be done, but they haven't done so. He also said the city has done one for Wal -Mart. He said they did a preliminary soils report, where they figured out how deep the soil goes and how deep the fill was, but they didn't do anything in regards to the Seismic Hazard Mapping Act. He added, they didn't know they had to do one until six months after the EIR. He then referred to Section 4.2.1 of the Mitigation Monitoring Plan and said it doesn't exist. He said it's a state law and it needs to be done. He also said the City Council can't waive it, only the state geologist can waive it. He said they've also requested an Alquist - Priolo report, a preliminary fault report, and an Elden Gas report. He said the law, building code, and mitigation measure requires this. He also said there's not a big map that puts it all together. He then spoke about "grubbing." He said we need to go line by line on this. He said he hopes the building is not built on a presumed fault zone. He said Perry Helig said the land on east side of the fault slides towards the river in an earthquake. He said it's in the record, but not addressed in the soils report. He said if the soil slides toward the river where the Garvey Center is, we have a serious problem. Then he said another allegation is from Leroy Krandel of Southern California Edison. He said Leroy said a stiff heavy building should never be built on this site. He said it wasn't addressed, but listed in the Seismic Hazard Mapping Act. He also said the city is not able to produce those. He said they need to address all these issues in the Seismic Hazard Mapping Act report. He also said we're right next to an earthquake fault and two other faults, which were not considered for the project. He said if it is off, we need to figure out how much shaking we can get under the building code. He ended by saying that they want to see the paper work because it's required. Mr. Quirk stated he didn't come here tonight to speak about the Wal -Mart issue, but in regards to Marlene's shopping carts issue, it came up at a City Council meeting. He Rosemead Planning Commission Meeting. November 19, 2007 Page 12 of 17 said he and another person spent 3 hours at that whole area and with a camera, they documented every shopping cart they could find, the time, address, and number of shopping carts that were present. He said they probably came across two Wal -Mart shopping carts. He said it's easy to show shopping carts if you shoot one every day and give 30 pictures. He said she is complaining, but if you figure it out, 97% of people use their cars to get there and he's never seen someone shove a shopping cart in their car. He said that means 3% of the people that are shopping there are neighbors that swore up and down they'll never step into that Wal -Mart. He said her own neighbors are the only ones who are leaving with the shopping carts. He said they spent three hours shooting pictures. He ended by saying he can't sit there and see her make these accusations. Mr. Fred Herrera of 3879 Delta Avenue, a resident, congratulated the new Planning Commission and said he was excited, but not particularly pleased. He said you're not going to stop people from taking shopping carts from Wal -Mart. He discussed about the Seismic compliance and said those who voiced their opinions about Wal -Mart live almost directly to them, so if those earthquakes are strong enough to knock down that building, all the houses would be knocked down, but he doesn't see anything moving. He said he's wondering if the claims the Seismic danger is really true or if it's just more people wanting to find reasons not to have a Wal -Mart. He also said they were going to have illegal aliens driving 18- wheelers running over children all down Walnut Grove Avenue, but it didn't happen. He said it's a fairly decent store and hundreds of thousands of people who shop there and appreciate the store. He said most of the 50,000 of residents of Rosemead like it there and so do people from El Monte and Montebello. Ms. Shinen stated we're talking about compliance with the EIR, the state law. She said the carts are not supposed to leave the site. She said Wal -Mart doesn't care it's a danger. She also said there are some on the top of the hill and the skateboarders love to push them down hill. They don't care. She said she's discussing about compliance. She also said the lady with the 6 -foot ladder doesn't live in Rosemead, she carried it all the way home 1.44 miles away. She knew she could be convicted, so she took the car back. She ended by saying that Maggie Clark will be given a picture tomorrow. Mr. Garry Corolla, who resides on Landis View and Walnut Grove Avenue, stated he's familiar with transformers and it's not something you want to be close to. He said it can penetrate through the clothes and to the skin where the flesh is. He said it is a hazard. He said it's a damaging event that happens when a transformer blows. He then discussed about the RV's that park in the parking lot. He said they park there overnight and he's not sure if they are employees or people traveling. He said they are there after 10-11 pm. He also said he has contacted the sheriffs department, but they don't know who's responsible. He also questioned how many times the sheriff's department has been contacted regarding shoplifting or crimes at this site. He said residents are frustrated and he's frustrated. He said they were never given a chance. He said he has also called the sheriffs department regarding the trucks with the word Wal -Mart on the side at different hours during the day. He questioned who's overseeing that. He said its 24/7. He also questioned if he has to put a remote Rosemead Planning Commission Meeting. November 19, 2007 Page 13 of 17 camera outside of his house to record this. Mr. Flounoy stated they would like to see the Commission recess this to a later time. He said he would like written comments on each condition. He also said he saw a truck drive on Rush Street where there's a no truck sign today, so he called the sheriff's department and they stopped the guy. He then said let's do this right and get the store in shape or shut it down. Attorney Yin stated there's no formal action taken tonight. He said this is basically informational. He said the Commission can take their comments and advise staff. It's the Commission's prerogative to direct staff to do further research. He said it doesn't have to be done tonight. He also said nothing is final and it's all informational. Commissioner Bevington said the most important conditions haven't been discussed tonight. He questions condition 54, regarding the definition of the "Christmas season." He said it's not specific. He then questions condition 41 of Engineer's Conditions of Approval. He said the traffic doesn't stop and people got 50 mph. He said a serious accident may occur and we should prevent that. He then said he has a busy weekend and didn't get a chance to clearly look through the conditions and would like more time to review them. Chairman Lopez asked staff to present the item. City Planner Everling presented the item and stated he would like the Commission to direct staff. He referred to condition 35 and said he wasn't here when the Southern California Edison representative was here. Vice - Chairman Kunioka said he doesn't recall this in public sessions. City Planner Everling stated he would like to verify that. He said from his previous experience, Wal -Mart has a philosophy that allows RV parking overnight. He said it was a huge issue when he worked for the City of San Clemente. Vice - Chairman Kunioka said it's a condition. From the audience, Mr. Lewin stated they have signs on their site that does not allow RV parking overnight. City Planner Everling said its an issue of educating the manager on site. Commissioner Bevington brought up the truck issue. He said you can't dispatch a truck at 8:00 pm at night. He said that condition needs to be made aware. City Planner Everling agreed. He then discussed about the crime statistics and said if the Commission desires staff to do this, they will report back. . From the audience Mr. Corolla stated he brought up that issue because of the high incidences of crime. Rosemead Planning Commission Meeting: November 19, 2007 Page 14 of 17 City Planner Everling stated he has a total of 5 issues that were discussed tonight. Chairman Lopez questioned if he has the cart issue. City Planner Everling answered yes. He said he has the carts sign down for translation of other languages and to verifying that the carts are in compliance with the electronic stopping device. He then discussed about the noise issues and said a separate report was done for Wal -Mart. He said they checked noise levels at 5 and 15 feet on Delta Avenue. He said they concluded that there were no significant increases in noise above the 5 decibels indicated in the EIR. Vice - Chairman Kunioka questioned if there was a pre- construction sound check. City Planner Everling stated the report said there was no baseline information. Vice - Chairman Kunioka stated one of the difficulties with this is the echoing problem from the street. He said if a car goes by, it will echo off the side of the building. He also said he's surprised there wasn't a baseline. Cit� Planner Everling said there was also a noise study done by LA County on July 13 of this year and she said there was no baseline information, but the noise level didn't exceed LA County requirement. Vice - Chairman Kunioka stated the real concern would be that if you're on the above the wall level, on the second floor, the sound would be a concern. City Planner Everling said it was on a 15 -foot level. Vice - Chairman Kunioka said he is concerned. He said we should have some quantitative measure. Ms. Mary Ferris of 1903 Delta Avenue, a neighboring resident, stated her apartment faces Wal -Mart. She said she borrowed a pan from her neighbor and he comes in clamming the pan. She said she could hear the clamming of the pan bouncing off the wall. She said the second issue is the constant humming sound. She said you can hear it throughout the house, even with the windows closed. She said it doesn't sound like traffic noise, it's the noise from the top of the roof. She said it fills the whole house, even in the bathroom, where there are no windows. She also said she has the white noise machine. She said she's had it for two years and has to turn it on at night. She then discussed about the transformer and said there is a definitely noise problem from that store, and it's from the rooftop equipment. She said Yuki cleared the transformers for her. She said the noise echoes through the driveway, like Wall Street. She ended by saying it's definitely a problem. Attorney Yin stated there has been a lot of letters submitted to the Commission and the Commissioners probably haven't had complete time to review them. He also said in order for staff to have clear direction to look further, he proposes that the Rosemead Planning Commission Meeting: November 19, 2007 Page 15 of 17 Commission compile what they would like to be explored. Vice - Chairman Kunioka referred to condition 39 of the Conditions of Approval and said he couldn't match up the design of the light fixtures in the parking lot with the mitigation monitoring program. He said if you're walking or driving passed the sidewalk, the design of the fixtures generally aims outward and the bright part of the fixture is partially escaping from the bottom of the shielded area. He said he's not sure if that's the design they were given, but it's not something that would be defined as fully shielded. Mr. Flournoy stated Wal -Mart is good enough to lower the level of the lights. He said they are supposed to be downlit. Vice - Chairman Kunioka said they are downlit. Mr. Flournoy discussed about light pollution. He said Wal -Mart has lowered that. Vice - Chairman Kunioka said if it's in the mitigation plan, then that's the proper design. He said if that's not the design, he would prefer fully shielded. Chairman Lopez stated we need to compile all questions for City Planner Everling to overlook. He questioned if a motion is needed. Attorney Yin answered no. He said in the next week or two, the Commissioners should compile their thoughts on the conditions that they want staff to pursue on. Chairman Lopez s agreed. He said we should compile the letters and direct staff. City Planner Everling said staff would appreciate that clear direction that Attorney Yin is talking about. He said we would like to be directed by the Commission. Mr. Ostoich questioned if City Planner Everling will contact them with any specifications that will be addressed. Chairman Lopez said definitely. City Planner Everling asked the Commissioners to allow staff enough time to compile the information and get back to the Commissioners. Attorney Yin suggested compiling the letters and seeing what to bring to a future meeting. City Planner Everling stated he will compile the letters and put it into a memo format. Chairman Lopez declared said motion duly carried and so ordered. 7. ADJOURNMENT Rosemead Planning Commission Meeting: November 19, 2007 Page 16 of 17 Chairman Lopez adjourned the Planning Commission Meeting at 9:23p.m. MOTION BY COMMISSIONER BEVINGTON, SECONDED BY Commissioner Cam to ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. M E /LT Rosemead Planning Commission Meeting: November 19, 2007 Page 17 of 17