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PC-08-16-04CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES August 16, 2004 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was called to order by Chairman Kelty at 7:00 p.m. in the Auditorium of Rosemead High School at 9063 E. Mission Drive, Rosemead. Commissioner Loi led the Pledge of Allegiance. Commissioner Lopez delivered the invocation. ROLL CALL: PRESENT: Chairman Kelty, Commissioner Breen, Commissioner Herrera, Commissioner Loi and Commissioner Lopez ABSENT: None EX OFFICIO: Johnson, Tone, Wallin, Copenhaver, Geller, Kranitz, Endo and Rukavina 1. APPROVAL OF MINUTES None 2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Deputy City Attorney Wallin explained the public hearing process and the right to appeal Planning Commission decisions to the City Council. 3. PUBLIC HEARING A. GENERAL PLAN AMENDMENT 03 -02, ORDINANCE NO. 836 APPROVING DEVELOPMENT AGREEMENT 04 -01, TENTATIVE PARCEL MAP 26827, CONDITIONAL USE PERMIT 02 -882, CONDITIONAL USE PERMIT 02 -883, CONDITIONAL USE PERMIT 03 -939 — 1827 Walnut Grove Avenue. This is a request for development of a retail shopping center that consists of a 230,367 square foot general merchandise /grocery store, currently identified as "Wal -Mart Supercenter ", three smaller peripheral buildings (22,000 square feet) and an 8 -pump fueling station. The proposed project requires an amendment to the General Plan to change the land use designation area from "Office /Light Industrial" to "Commercial', a Tentative Parcel Map for the subdivision of one lot into six individual parcels, Conditional Use Permits for a gasoline dispensing station; mini -mall (peripheral buildings); sale of prepackaged alcohol. The Developer has also requested that the City enter into a Development Agreement, specifying certain conditions and terms of the development which will require adoption of an ordinance. A Final Environmental Impact Report was completed in accordance with the California Environmental Quality Act (CEQA). This study reviews the potential environmental impacts of the proposed project and indicates that the proposed project will have certain significant Tr -ffic, Air Quality, and Noise Impacts. The EIR also , ,sents mitigation measures and a mitig, ,n monitoring program, which, to the extent feasible, will reduce project - specific and cumulative impacts. Presentation: Planning Director Johnson Planning Director Johnson described the project by reviewing the development application and the entitlements requested. Director Johnson also provided a brief overview of the environmental review process. Presentation: City Environmental Consultant Geller Mr. Geller described the purpose of the Environmental Impact Report (also referred to as EIR, DEIR or FEIR) and how it was developed in accordance with the California Environmental Quality Act (CEQA). Mr. Geller discussed the type of impacts considered and the threshold of significance of these impacts, including the three significant areas of impact; traffic, noise and air quality. Presentation: City Consultant Copenhaver Mr. Copenhaver presented an overview of the project including design related issues and the Project Design Alternative. Staff Recommendation: APPROVE Resolution 04 -22 as stated in Staff Report. Chairman Kelty called for questions from the Commissioners. Chairman Kelly asked how many trucks could be expected at the site in a week. Mr. Copenhaver explained that approximately 85 truck trips were expected in a week, with 39 eighteen - wheelers and the rest smaller trucks. Commissioner Loi asked about monitoring limitations on trucking. Mr. Copenhaver said that Code Enforcement personnel would be used to enforce these limitations. Commissioner Loi asked about the parcel of land that is not included in the project and is retained by Southern California Edison. Planning Director Johnson explained that Edison may decide to develop the property at a later time. There are not currently any plans in place for this remaining parcel. Applicant(s): In the audience. Joe Meyer, Pacific Retail Partners, 5225 Canyon Crest Drive, Suite 166, Riverside, California, Real Estate Broker Representative for Wal -Mart, spoke in support of the project. Mr. Meyer indicated that the process has been lengthy but the final project benefited from public scrutiny. He stated market demand drove their decision to select the Rosemead site and that this is a market -based transaction not requiring financial assistance. 2 Mark Ostoich, 550 E. F - )spitality Lane, San Bernardino, CA representing Wal -Mart, said that his client is willin co accept all conditions that staff ha_ . mposed except the limitation on operating hours. Chairperson Kelty opened the public hearing to those who had requested time to address the Commission. Please see the attached transcript for names and comments. There being no one further wishing to address the Commission; Chairperson Kelty closed the public hearing segment for this project. Chairman Kelty called for questions or comments from the Commissioners. Commissioner Loi asked a question concerning a reference in the City Engineer's Conditions of Approval No. 16. City Engineer Rukavina clarified the definition in question. City Attorney Wallin responded to various issues raised. He clarified points regarding the Development Agreement and the Conditions of Approval that would be attached to it. Mr. Wallin also stated that the S.O.C. issue regarding the mini -mall CUP was factually incorrect and that the CUP applies only to the 3000 square foot building parcel. Concerning the gas station issue, Mr. Wallin stated that it was staff's recommendation to deny the gas station CUP. About the concern for abandoned shopping carts, he stated an electronic locking device was in the Condition of Approvals. Relative to graffiti concerns on the screening wall, Mr.Wallin indicated that the landscape plan calls for vines on the wall facing Delta. Concerning overnight camping, he stated that would not be allowed. He indicated the subject of an annual review of compliance would be incorporated perhaps into the monitoring program. Regarding whether this type of project is appropriate for the C3 zone, Mr. Wallin said it is allowed. Relative to the issue raised about whether Edison sold to the highest bidder, Mr. Wallin said he was unaware as it was a private transaction. On the subject of the General Plan Amendment he indicated that there wash t a need for a change in zoning. Relative to the subject raised about a Rio Hondo bridge study, Mr. Wallin indicated that the matter was discussed in the General Plan, a study was undertaken by the City, area residents were adamantly opposed and the matter was dropped. Planning Director Johnson explained that the sale of the property was a private transaction between Edison and Wal -Mart. He also briefly described events regarding the Rush Street extension proposal. Commissioner Herrera asked about the 24 -hour operation plan. Mr. Copenhaver reviewed the schedule for converting to a 24 -hour operation. Chairman Kelty suggested an annual review to insure Conditions of Approval are met by Wal -Mart. Planning Director Job--on said that the Conditions of Appr -val could be amended when they vote. City Consultant Geller responded to issues and comments raised by the audience. He said that the "worst cast scenario' was reviewed regarding traffic, air quality impact and noise impact and that impacts were overstated. For example, traffic loads assumed a Supercenter from day one. He also stated that Conditions of Approval would govern liquor sales and truck traffic. He pointed out that the 100 -foot strip is the setback required by State law for no- building along a fault line. Mr. Geller stated that the Ralphs site would not be an appropriate alternate because it was far too small. He noted that there are eleven mitigation measures included in the FIR to address the issues commented on. Additionally, he pointed that the design alternative has been available since May 13, 2004. Residential uses were considered and that information is presented in the EIR. The FIR contains extensive discussion about safety of school children. Appendix E of the Draft EIR includes economic studies and rather than broad -based generalization, they took a more micro or local market impact approach. Planning Director Johnson revisited the subject of extended store hours. He provided the commission with a regional survey that was conducted of retail store hours or grocery and drug stores. About half the stores surveyed are 24 -hour operations. Therefore, staff recommended modifying the recommendation to a 24 -hour operation, if and when a grocery store component is added. He also noted that the census tract is not overconcenrated for liquor licenses so it was recommended Resolution 04 -23 be modified to remove the public convenience and necessity findings for the ABC license. There being no one else wishing to address the Commission, Chairman Kelty called for a Motion. City Attorney Wallin indicated prior to acting on Resolution 04 -23 the Commission needed to address EIR completeness by adopting Resolution 04 -22. MOTION BY COMMISSIONER LOI, SECONDED BY COMMISSIONER LOPEZ to APPROVE Resolution 04 -22, Certification of the Environmental Impact Report. Vote results: YES: BREEN, HERRERA, KELTY, LOI AND LOPEZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Kelty declared said motion duly carried and so ordered. Commissioner Loi explained that the objective of his favorable vote was to increase jobs, and shopping opportunities in the community. Commissioner Loi further stated that the Design Alternative was an environmentally superior design for the project. City Attorney Wallin noted that the Resolution had been amended to eliminate the finding letter regarding overconcentration, add an annual review and finally, the 24 -hour limit is removed if and when a grocery store is added. in MOTION BY COMMTQSIONER LOI, SECONDED BY COMN41SSIONER HERRERA to APPROVE Resolutio . J4 -23 General Plan Amendment 03 -, Ordinance No. 836 Approving Tentative Parcel Map 26827, Conditional Use Permit 02 -882, Conditional Use Permit 03 -939, and denying Conditional Use Permit 02 -883, Conditional Use Permit 02 -883 and recommending approval of Development Agreement 04 -01. Vote results: YES: BREEN, HERRERA, KELTY, LOI AND LOPEZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Kelty declared said motion duly carried and so ordered. 4. MATTERS FROM CITY OFFICIALS AND STAFF None. 5. ADJOURNMENT There being no other business to come before the commission, the meeting was adjourned at 2:00 a.m. The next meeting will occur on Monday, September 20, 2004, at 7:00 P.M. BWJ /BT