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PC - Minutes - 08-06-12Minutes of the PLANNING COMMISSION MEETING August 6, 2012 The regular meeting of the Planning Commission was called to order at 7:00 p.m., by Chair Ruiz in the Council Chambers, 8838 E. Valley Boulevard, California. PLEDGE OF ALLEGIANCE - Vice -Chair Hunter INVOCATION - Commissioner Herrera ROLL CALL - Commissioners Eng, Herrera, Saccaro, Vice -Chair Hunter, and Chair Ruiz ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Ramirez, Assistant Planner Trinh, Planning Technician Casillas and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. MODIFICATION 12.05 - San Gabriel County Water District has submitted a Modification (MOD) application, requesting to modify Conditional Use Permit Number 34, which approved an office use to operate within a single family residential zone. San Gabriel County Water District is requesting approval to construct a 253 square foot addition to the existing office building located at 8366 Grand Avenue, in the R -1 (Single Family Residential) zone. PC RESOLUTION 12 -11 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 12.05 FOR THE MODIFICATION OF CONDITIONAL USE PERMIT NUMBER 34 ALLOWING THE EXPANSION TO THE EXISTING OFFICE BUILDING AND A NEW CARPORT STRUCTURE. THE SUBJECT SITE IS LOCATED AT 8366 GRAND AVENUE, IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission APPROVE Modification 12 -05 and ADOPT Resolution No. 12.11 with findings, subject to twenty -five (25) conditions. Planning Technician Casillas presented staff report. Chair Ruiz asked the Planning Commissioners if they had any questions for staff. Vice -Chair Hunter referred to Parcel 2, on page two (2) of the staff report, and read the last sentence, "However, staffs inspection revealed that the carport structure was constructed without the benefit of a building permit" and confirmed that the applicant had obtained the permit but then it had expired. She asked staff if the applicant will only have to apply for a building permit again. Planning Technician Casillas replied that is correct. Commissioner Eng asked if out of the forty (40) Conditions of Approval, are fifteen (15) of them standard Conditions of Approval. Planning Technician Casillas replied for clarification there are only twenty -five (25) Conditions of Approval and explained that the forty (40) was a typo. Commissioner Eng asked staff if all three property parcels belong to the San Gabriel County Water District. Planning Technician Casillas replied yes. Commissioner Eng stated the existing building is 4,595 square foot and the staff report indicated that the original construction was a 3,900 square foot building. She asked if the 645 square foot addition is permitted as well. Planning Technician replied the 3,200 square foot building is a storage building. Commissioner Eng stated she is referring to Parcel 1, the office building, and asked staff if that additional space was permitted. Planning Technician Casillas replied yes. Commissioner Eng asked if the carport is considered a structure of the building or is it non - square footage. Planning Technician Casillas replied it is considered non - square footage. Chair Eng asked so it is not part of the structure or part of the building. Planning Technician Casillas replied it is part of the structure and is considered an accessory structure. Chair Eng stated that one of the Conditions of Approval requires the applicant to obtain a building permit for the carport because the plan for the carport was approved but the applicant never obtained the building permit for the carport and asked staff if this was correct. Planning Technician Casillas replied yes. Chair Eng asked if it will be required to be compliant with current building codes. Planning Technician Casillas replied yes. Commissioner Eng referred to Condition of Approval number fourteen (14) and asked staff why the language requiring that the applicant send out courtesy construction notice's to adjacent neighbors was not added. Planning Technician Casillas replied she omitted the language, but it can be added if the Planning Commission would like it to be. Commissioner Eng addressed Chair Ruiz and confirmed if this is still the direction the Planning Commission would like to go, especially for projects that involve construction next to residential neighborhoods. Chair Ruiz stated for the record that, "Notices shall be given to the neighborhood within a 300 foot radius." Commissioner Eng recommended that the Planning Commission look back at the language because it may have been referred to adjacent properties. Chair Ruiz recommended that it should be a 300 foot radius so that everyone knows not just the adjacent properties and added that all future and existing notices should be given to the neighbors. Community Development Director Ramirez addressed Chair Ruiz and asked legal counsel if this request will have to be brought up at each meeting. She explained that this request is not required by the current Zoning Code and is not a requirement and may have to be asked by the Planning Commission as each one is brought forth. Greg Murphy, City Attorney, replied yes, it would. He explained that the standard Conditions of Approval that is used by staff are based on the requirements of the Zoning Code and because there is not a requirement in the Zoning Code that a notice be given, it is something that could come back. He stated this is something the Planning Commission may want to see as a standard basis and staff can take that into account but it could be something that the Planning Commission could see Conditions come to them from time to time without that line and it would have to be added. He explained that it is something that cannot be part of the Conditions of Approval until it is part of the Zoning Code. Chair Ruiz asked if this process is done during a Variance. Community Development Director Ramirez explained that when there is a Public Hearing the City is required to send out a notice to all of the property owners within 300 square foot radius of the project. Chair Ruiz asked if notices will be discussed during Planning Commission meetings in the future. Community Development Director Ramirez replied yes, and reported that this item brought before the Planning Commission tonight was noticed to all property owners within a 300 foot radius. Commissioner Hunter commented that she is surprised that construction may be conducted until 8:00 p.m. and on Saturday's also and asked staff if this was something new. Community Development Director Ramirez replied no, it is a part of the Zoning Code. Commissioner Eng explained that she is not referring to the Public Hearing Notice, but to the courtesy notice that will let the neighborhood know that construction will be commenced. She explained that this courtesy notice was previously discussed with a subdivision project involving major construction. She also thanked staff for commenting in the staff report that there is not specific criteria for a modification of a Conditional Use Permit that exist in our current code. She added but until there is an established process in place, the Planning Commission will appreciate if staff uses their professional judgment that modifications desired by the applicant are achievable and they are not in conflict with the existing codes, policies, and based on good planning. Commissioner Herrera asked staff if work is only being done on Parcel 1 and Parcel 2. She also asked if Parcel 3 will remain a park. Planning Technician Casillas replied yes, the applicant is not making any improvements to Parcel 3 Chair Ruiz asked staff to clarify the purpose of the modification. Planning Technician Casillas replied the expansion for the office building is to allow the applicant to have one extra office space for their building. Community Development Director Ramirez asked the City Attorney if staff should add the additional language to Condition of Approval number 14 regarding the noticing of construction commencing or add Condition of Approval number 26. Greg Murphy, City Attorney, replied a third sentence to Condition of Approval number 14 can be added with the language the Planning Commission requested stating, " That prior to construction commencing notice be given to all properties within a 300 foot radius of the site ". Chair Ruiz opened the Public Hearing and invited anyone wishing to speak for or against this project to the podium None Chair Ruiz closed the Public Hearing and asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Saccaro, to APPROVE Modification 12 -05 with the amendment to Condition of Approval number fourteen (14) and ADOPT Resolution No. 12.11 with findings, subject to twenty-five (25) conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None , Abstain: None Absent: None Greg Murphy, City Attorney, explained that there is a ten (10) day appeal period and building permits may be pulled after the 10 day period. B. MODIFICATION 11.05 - Allie Weaver of Modus Incorporated has submitted a modification application (Modification 11.05) requesting to modify existing Conditional Use Permit (CUP 02- 881MOD) in order to upgrade equipment located on the existing wireless facility. The applicant is proposing to remove three (3) existing panel antennas and install five (5) new panel antennas and replace two (2) equipment cabinets. The subject site is located at 7403 Hellman Avenue in the Medium Commercial (C- 3) zone. PC RESOLUTION 12 -12 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 11- 05, FOR THE REMOVAL OF THREE (3) PANEL ANTENNAS AND THE INSTALLATION OF FIVE (5) NEW ANTENNAS AND THE REPLACEMENT OF TWO (2) EQUIPMENT CABINETS FOR AN EXISTING UNMANNED MONOPALM WIRELESS TELECOMMUNICATIONS FACILITY, LOCATED AT 7403 HELLMAN AVENUE, IN THE C -3 (MEDIUM COMMERCIAL) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission APPROVE Modification 11 -05 and ADOPT Resolution No. 12.12, with findings, and subject to the thirty-three (33) conditions. Planning Technician Casillas presented staff report. 0 Chair Ruiz asked the Planning Commission if there were any questions for staff. Commissioner Eng asked staff to clarify if there are twenty -one (21) Conditions of Approval or thirty-three (33). She asked if thirty -three (33) notices were sent out. Community Development Director Ramirez replied that is correct. Commissioner Eng asked if the upgrade is only to the monopalm because the building also has some antennas on it. Planning Technician Casillas replied that is correct. Commissioner Eng asked how many panels will be on that structure after the upgrade. She stated they had been originally approved for twelve (12) panels and with the additional eight (8) how many panels will there be. Planning Technician Casillas replied there will be eight (8) antennas on the tree and explained they were originally approved for twelve (12) but have not utilized all twelve (12) antennas. She explained there are only six (6) antennas currently on the Palm tree and they will be removing three (3) antenna's and installing five (5) antennas. Commissioner Eng confirmed that there will be a total of eight (8) antennas. Planning Technician Casillas replied that is correct. Commissioner Eng stated the antennas are broken up in sectors called A, B, and C and asked if the sectors are all in one section of the monopalm or are they in different levels. Planning Technician Casillas replied they are all on one level of height. Commissioner Eng stated the staff report indicates that there are nine (9) existing mounting brackets and they are adding eight (8) more and asked if the eight (8) brackets are new and are they being added to the existing nine (9) brackets. Planning Technician Casillas replied this is correct and explained that the monopalm was designed to have nine (9) brackets going around but they did not install all nine (9) brackets, they only installed three (3). She explained that eight (8) brackets are being added and all the brackets will be utilized. Commissioner Eng asked so how many brackets will there be total. Planning Technician Casillas replied there will be a total of nine (9) brackets. Commissioner Eng stated they have nine (9) currently and are adding eight (8) more. Planning Technician Casillas replied they currently only have three (3) brackets and referred to the picture of the monopalm. Commissioner Eng asked if the applicant is here tonight. Planning Technician Casillas replied yes. Commissioner Eng addressed Chair Ruiz and stated when the Public Hearing is opened she would like the opportunity to have the applicant clarify some of the technicality's. Chair Ruiz agreed that the representative from Sprint can answer the technical questions. Commissioner Eng asked if the new antennas will be stealth like the others with the same colors Planning Technician replied that is correct Commissioner Eng referred to paragraph thirteen (13) of the applicant's compliance report Exhibit "F" and stated at the end of the paragraph the consultant had indicated that their signage is not in compliant with FCC rules and regulations and they are recommending that be rectified or remedied. She read Condition of Approval number thirteen (13) and recommended that staff include, "Posting of signage in compliance with FCC rules and regulations" to the Condition. Chair Ruiz asked Planning Technician Casillas if that was understood. Planning Technician Casillas replied yes. Chair Ruiz opened the Public Hearing. Jay Higgins, representative for Sprint, stated the original approval allowed for nine (9) antennas and three (3) brackets were installed. Commissioner Eng clarified that each bracket is for one antenna Jay Higgins, representative for Sprint, replied yes Commissioner Eng asked if Sprint is installing eight (8) more brackets and if the total will then be eleven (11) brackets. Greg Murphy, City Attorney, explained that nine (9) brackets were installed, but the bracket's that were installed were for a different size antenna and as technology has evolved the size of antennas that have changed. The eight (8) that are going to be installed at this time are a different size and they will need a different mounting bracket. He explained that it does not mean additional antennas above the eight (8) are being planned or proposed, it just means that hardware will be screwed into the mono -palm itself to support a certain size panel. He asked Jay Higgins if this is correct. Jay Higgins, representative for Sprint, replied yes. He stated he did not have a presentation, but can answer any questions the Planning Commission may have. He stated the staff report is excellent, Sprint agrees to all the Conditions of Approval, and is looking forward to getting started as soon as possible. Commissioner Eng asked Jay Higgins if he is agreeable to the change of including the posting of signage to Condition of Approval numberthirteen (13). Jay Higgins, representative for Sprint, replied yes. Chair Ruiz closed the Public Hearing and asked for a motion 69 Commissioner Herrera made a motion, seconded by Vice -Chair Hunter to APPROVE Modification 11 -05 with the amendment to Condition of Approval number thirteen (13) and ADOPT Resolution No. 12.12, with findings, and subject to the thirty-three (33) conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None C. DESIGN REVIEW 12.02 AND CONDITIONAL USE PERMIT 12.06 - McKently Malak Architects, Inc., representing Rosemead Place, LLC, has submitted a Design Review application to construct a new 6;530 square foot commercial building comprised of four (4) units. The project includes demolishing an existing 6,577 square foot commercial building to provide a site for the proposed 6,530 square foot building. A Conditional Use Permit application has also been submitted for a new On -Sale Beer and Wine (Type 41) ABC license for a Chipotle Mexican Grill Restaurant that will be a primary tenant of the four -unit building. The subject site is located at 3610 -3616 Rosemead Boulevard in the C -31) (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 12.13 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 12- 02 AND CONDITIONAL USE PERMIT 12.06, FOR THE CONSTRUCTION OF A NEW 6,530 SQUARE FOOT COMMERCIAL BUILDING COMPRISED OF FOUR UNITS AND A CONDITIONAL USE PERMIT APPLICATION FOR A NEW ON SALE GENERAL (TYPE 41) ABC LICENSE. THE SUBJECT SITE IS LOCATED AT 3610.3616 ROSEMEAD BOULEVARD IN THE C -31) (MEDIUM COMMERCIAL WITH DESIGN OVERALY) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission APPROVE Design Review 12.02 and Conditional Use Permit 12.06 and ADOPT Resolution No. 12.13 with findings. Assistant Planner Trinh presented staff report. Chair Ruiz asked if the Planning Commissioners had any questions for staff. Commissioner Eng referred to the site plan and stated that it indicates there is 2,600 square feet of patio seating area that will be added and asked staff if this is all use -able space. Assistant Planner Trinh replied yes, it is use -able space and is counted into the parking ratio also. Commissioner Eng commented that if she had not looked at the site plan she would not have noticed that a large number of use -able space had been added to the structure. She asked staff why the addition of the patio seating area was not mentioned in the narrative. Assistant Planner Trinh replied the outdoor patio area was discussed in the staff report. Commissioner Eng expressed concern because the public does not have access to the site plan "Exhibit C' and they may not get an accurate impression of the project. She stated that this is significant and something to consider to get an accurate account of traffic and the pedestrian flow. She asked if the patio area is exclusive to just the use of the tenants for that building or is it also available for public use. Assistant Planner Trinh replied that question can be deferred to the applicant. Commissioner Eng asked how many parking spaces are being eliminated to accommodate the patio area. Assistant Planner Trinh replied eleven (11) parking spaces. Commissioner Eng asked if the existing trash enclosures are being relocated from their current location. Assistant Planner Trinh replied yes. Commissioner Eng stated she did two site inspections and saw tenants rolling trash bins from the Target pads through the existing trash enclosure and asked staff if the trash enclosure will be moved further back. Assistant Planner Trinh replied yes. Commissioner Eng asked if those tenants will have an alternative trash enclosure or will they be moving the trash to the farther end. Assistant Planner Trinh replied the shopping center has assigned trash enclosures and that question can be deferred to the shopping center's property owner's representative. Commissioner Eng asked what the seating capacity inside the facility and the outdoor patio area is. Assistant Planner Trinh replied the applicant has not formally submitted a floor plan to the city. She stated staff does not know what the occupancy load will be as of today and added this application is a request for a new On -Sale Beer and Wine (Type 41) ABC license only. Commissioner Eng asked if alcohol will be sold in the patio area. Assistant Planner Trinh replied yes. Commissioner Eng asked how many ABC licenses are currently in this shopping center. Assistant Planner Trinh replied three (3) with an additional two pending (TGIF and Chiptole). Commissioner Eng confirmed that there may be five (5) total in the future. Assistant Planner Trinh replied correct. Commissioner Eng stated because there is a patio area being installed, she asked staff if a sidewalk is being created by the north patio area. Assistant Planner Trinh replied correct. Commissioner Eng expressed concern because she noticed that the current sidewalk curb is low and would like to ask the property owner /management if the sidewalk will be raised. She explained there is going to be outdoor seating and patrons will be close to the traffic and she would like this question clarified. She expressed concern with the lighting on the west end of the building where the new trash enclosures are being moved to. She asked if this will be sufficient lighting and will there be lighting from the building itself. Assistant Planner Trinh replied that question can be referred to the applicant. Commissioner Eng referred to Security and stated she would like to discuss this with the applicant because she is concerned that with TGIF's, Chipotle, and other tenants coming in there will be more traffic and there will not be sufficient security. She asked staff how many sit -down restaurant establishments does this shopping center currently have. Assistant Planner Trinh replied there are multiple sit -down establishments but she does not currently have a number. Community Development Director Ramirez replied maybe the applicant or property management who is present may answer that question. Commissioner Eng stated she is concerned with parking and she noticed that a Condition of Approval is missing regarding trash enclosures. She asked staff if that is a standard condition. Assistant Planner Trinh replied yes, it is a standard condition and it can be added in tonight. Commissioner Eng stated she would like to see that added at the end. She referred to Condition of Approval number twenty -nine (29) and stated she would like to have the Planning Commission discuss security concerns. She referred to Condition of Approval number thirty-one (31) and asked if the Lot -line adjustment will that be recorded as part of a legal title when all three parcels are merged. Assistant Planner Trinh replied yes. Commissioner Eng asked if the parking standard used for this modification of this shopping center is a straight 280 per square foot for each space or is the different uses considered for this shopping center. Assistant Planner Trinh replied the total floor areas of the buildings are used and the use is not counted. Commissioner Eng asked if that is realistic and is that a prudent Planning tool. Assistant Planner Trinh replied that is the way the Zoning Code has it. Chair Ruiz addressed Commissioner Eng and stated that the City cannot discriminate on the property owner's usage and the Zoning Code is written to accommodate everyone equally. Commissioner Eng stated she understands and she wants this project to proceed but she would like it to be a good project, and when it happens she would like it to be a positive experience for the customers, property owners, business, and the center. She explained she is concerned that the parking situation will be very challenged for that area and explained why. Chair Ruiz recommended that maybe she can request that the plan be reviewed by an engineering company for proper traffic condition markings, properly marked speed limits, and stop signs. Chair Ruiz stated safety and traffic conditions are the main concern and suggested that maybe a traffic engineer can possibly design something for that shopping center and be submitted to the engineer or city staff for approval. He confirmed with staff that tonight is just for the approval of a new On -Sale Beer and Wine ABC license first. 0' Community Development Director Ramirez replied it is for the approval of a new four unit structure and an ABC license for Chipotle. Chair Ruiz stated the traffic condition is the concern and recommended that the City Engineer could possibly be asked to approve all traffic detail modifications such as striping, markings for parking, and make sure everything is correct. Commissioner Eng stated her goal is traffic concern but also when people come they will be able to enjoy themselves and park conveniently. She expressed concern that finding parking may be difficult to navigate and she hopes working with staff, the property owner, and property manager we will be able to address parking solutions. Community Development Director Ramirez stated that staff understands Commissioner Eng's concern and it is a concern that staff has had also. She stated as far as limited parking on that side, people may have to park a further distance away to visit some of those sites. She added, from the management's perspective they probably will prefer that, so people will stop and shop at Target, Bed, Bath, & Beyond, and other stores, as they walk through the center. She stated the idea is to get people to stop, shop, and enjoy themselves. She addressed Chair Ruiz comments and stated the management company has notified staff that they are working on parking striping for the entire site that is separate from this application, as well as signage that was brought up when the TGIF's project was discussed. She stated the management company is working with staff and staff does not want to put any additional conditions on the project when they are already working on these issues with city staff. Commissioner Hunter stated she does agree with Commissioner Eng with the parking situation and that there may not be enough parking when the other tenants arrive. She suggested that maybe a shuttle from Target parking structure could be used to take people to the other sites. She expressed concern with the lighting for the evening and asked staff if there is sufficient lighting. Assistant Planner Trinh replied that the applicant has the existing lighting in the parking lot area. Commissioner Hunter asked if lighting is on the building. Assistant Planner Trinh replied the applicant will be installing new light fixtures on the building. Commissioner Hunter stated that on the renderings it did not look like there was enough lighting. Assistant Planner Trinh replied that the applicant may address that concern Commissioner Eng addressed Chair Ruiz and stated her goal tonight is to take this opportunity to address concerns after reviewing this project and not to add additional conditions. She stated she knows the management company is working with the city in partnership but she would like to be assured that the concerns will be addressed and taken care of and this is the forum to discuss these concerns. Chair Ruiz thanked Commissioner Eng and reiterated that the management company is working in partnership with staff to make sure everything is done properly. He stated that Commissioner Eng's concerns with the sidewalks and steps have to meet the DOT and building standards. Commissioner Saccaro stated that as far as the parking concern goes for this entire project, it seems there is excess parking according to the square footage and it cannot be limited to the amount of parking one particular business can have and if there is not sufficient parking does that mean the city does not allow the business to come in. He stated the business should be allowed to go in if they meet the requirements, and if people have to walk a little further to get 10 to the business there is not much that can be done about that. He reiterated that according to the existing Zoning Code there is sufficient parking for the project and there is not much more the city can do. Chair Ruiz thanked Commissioner Saccaro and agreed that there is sufficient parking. He stated if you have to walk through the shopping center it will provide the opportunity to shop and see what new businesses are in the center. He stated there will be sufficient handicap parking for that structure because it will have to meet code. He stated this is a good project and he would like to thank Chipotle for taking the business risk coming into the City of Rosemead. Community Development Director Ramirez addressed Commissioner Hunters question on lighting and read Condition of Approval number twenty-nine (29) and stated if it is deemed that extra security measures are needed, which would include lighting, security systems, or anything else, then staff will notify the management company and work with them to resolve the problem. Chair Ruiz stated that security is also a concern and reported there is currently only one (1) security officer and there may be a need for two (2) security officers. Commissioner Eng addressed Chair Ruiz and stated that with the increased use coming in she would like that the Planning Commission be a little more proactive and would not like the city to be in a situation if someone was to actually get hurt. She referred to the shopping center on Garvey Avenue and San Gabriel Boulevard and stated it has changed ownership and it is very difficult to get parking there now. She added that she does appreciate the fact that there is security present there and there is more than just one (1) security person. She stated she sees a difference and it is much calmer with the presence of extra security. She stated she appreciates that Condition of Approval number twenty-nine (29) is there, but expressed that she would like the Planning Commission to be more proactive to assure the new tenants and customers coming in. She stated that this will be a cause that will save everyone in the end. Chair Ruiz thanked Commissioner Eng and opened the Public Hearing. Haney Malak, representative for McKently Malak Architects, Inc., stated he would like to answer some of the questions that came up during the Planning Commission's discussion. He stated the tenants will be using the patio and explained that there are four (4) restaurants that are looking to occupy this space. He stated Chipotle is one of them and there are three (3) other tenants interested in restaurant use and occupying this space. He explained that there is one trash enclosures that will be moved away from the front of the building because they feel it is located in the wrong place. He explained it would not be something you would want to look at if you are sitting in the patio. He stated that trash enclosure will be moved to the property behind the car wash. He referred to the other tenants and stated they are suppose to be using the trash enclosures they have been assigned behind Target, GNC, and Bed Bath & Beyond in the alley. He stated unfortunately they do not. He referred to the patio height and differentials and stated that when the project is completed the area will get graded with a proper six (6) inch curb around the entire building. He referred to the plans and stated there will be a wall about 24- inches high around all the patio areas to protect the people sitting outside in this area. He stated there will be landscaping outside those walls to give it some greenery and at the same time the wall by Chipotle will have a little higher rail on top of that block wall because of the alcohol use and will have separate gates. He explained the patio on the north side will be used primarily by Chipotle and the rest of the patio will be used by other tenants. He referred to the lighting question and stated there are eighteen (18) new lights sconces that will be going on the building and there are four (4) new light standards that are ten (10) feet high that are going outside on the patio area, two (2) into the Chipotle patio area and two (2) into the other patio area. He added there will be plenty of lighting around the building. He referred to the safety concern and stated there will be two (2) guards available at all times in the shopping center and he explained one (1) will be around the Target area which is regulated to the eastside of the shopping center and another guard regulated to the west end of the shopping center. He referred to the parking concern and stated that today the Hollywood Video building is empty. It is the easiest and the most convenient place for employees to park is in that location. He stated 11 currently there are 40 -50 employees that park in that area and when the new building is built all those 40 -50 parking stalls will be moved to the upstairs Target parking lot. He explained that is one of the items that the property management is working on is to move the employee parking away from that area. He stated that they understand parking is impacted and they would like the best experiences for the customer, tenants, the retailers, and the restaurants. He added they would like for people to come into the shopping center and find ample parking to shop and dine without having to worry about parking a long distance away. He referred to the question about seating occupancy in Chipotle and he stated there are forty -four (44) seats inside and twenty -two (22) in the patio area. He referred to the parking field and stated there was a question about safety. He explained that there currently there are speed bumps and there will be added stop signs where they will be needed and safety is their number one concern and no landlord wants to take on a liability. In addition, to address safety, he explained the end islands will also be landscaped so people do not go zipping through the parking fields. He stated there is a reason to the way we do the parking fields and do the striping and construct parking fields because safety is our number one concern when architectural site planning. He stated he hopes he has answered most of the questions. Commissioner Eng asked if there will be new lighting standards installed on the westside of the building by the car wash. Haney Malak replied there are six (6) lights that will be going on the back of the building and explained they will all be over 100 wafts each. He added that if more is needed they will be added. Commissioner Eng requested that posting of speed limits be considered to deter the running of stop signs. Haney Malak replied he understands. Chair Ruiz commented that the stop signs will be replaced with larger ones. Haney Malak stated they are in agreement to all the Conditions of Approval but referred to Condition of Approval number thirty -one (31) and requested that the language be changed to the previous language that had been approved for TGIFs. He requested it to read, "If necessary the property owner will complete a record of survey of lot line adjustment at the discretion of the City. The property owner, if necessary, shall provide the City with a copy of an agreement with a licensed surveyor to complete the record of the survey and agree to complete a lot line adjustment within twelve (12) months of approval of Design Review and Conditional Use Permit applications. Prior to final building inspection, a cash deposit of ten thousand dollars ($10,000) shall be deposited by the property owner with the City to guarantee completion of the record of survey." He requested that Condition of Approval number thirty -one to be amended tonight to read that language. Greg Murphy, City Attorney, addressed Chair Ruiz and stated legal counsel is fine with that if the Planning Commission would like to go in that direction. Community Development Director Ramirez stated staff also agrees with the amendment. Chair Ruiz stated the amendment will be included.. Jim Notely, representative of Beacon Property Management for the Rosemead Place Shopping Center, stated if there are any other questions he is present to answer them. Commissioner Eng replied she had no other questions. Brian Lewin, resident, stated the project looks nice overall and is happy to see significant improvements on the business and aesthetic levels to the shopping center. He also thanked Commissioner Eng for discussing the lack of 12 on -line availability of plans and her request that they be included along with the staff report packets on -line. He stated that this project has potential to be successful for the shopping center and for the City but expressed concern that this shopping center has numerous traffic issues which includes speeding and ignoring stop signs at the "Cold Stone" intersection. He stated the shopping center is not very pedestrian friendly. He explained that the four (4) main entrances to the Center, two (2) being on Rosemead, and the other two (2) on Marshall, only one (1) has a sidewalk and expressed concern those pedestrians will be walking with traffic. He requested that the Planning Commission consider adding a Conditional of Approval requiring the applicant to develop a City approved circulation plan that addresses pedestrian entry and egress along multiple entrances because not everyone that comes on foot will come from the same direction and use the same entrances, ways to reduce pedestrian vehicle conflict, increase traffic calming, and traffic control measures. He suggested that the plan must be developed and approved by the city prior to issuance of the building permits for that structure, so the City can be assured that by the time the structure goes in, there is at least a plan in place to be built within a reasonable time frame. He expressed that it is important that a time frame be put in place. He stated this is a great project coming into the community and with a strong safety element it will even be better. Chair Ruiz thanked Brian Lewin for his comments and commented that a Condition of Approval is not needed, but would like direct staff to work with the Property Management to address traffic and pedestrian calming. He asked Community Development Director Ramirez if she is agreeable. Community Development Director Ramirez replied yes. Commissioner Eng addressed Chair Ruiz and requested the Property Manager to step to the podium to address some of the concerns that have been discussed. Chair Ruiz asked Jim Notely, the property manager, to step -up to the podium Jim Notely, representative for Beacon Property Management, stated this was addressed when the TGIF's Conditions of Approval were discussed and added they are in the process of asphalting the parking lot, cleaning up the striping, re -do the stop signs and that will address intersections. He referred to adding additional sidewalks to the Marshall Street entrance and stated they will take a look at that with staff. Chair Ruiz thanked Jim Notely and stated that he has been working great with staff and believes this is what the City needs. Commissioner Saccaro recommended adding considerable crosswalks so vehicles will know that pedestrians may be crossing and that they need to be careful. Jim Notely, representative for Beacon Property Management, stated that will come with the re- striping and additional stop signs. He explained that there has been a problem with people cutting through the shopping center and using it as a roadway. He added that is why they added the large speed bumps to slow down the traffic. Chair Ruiz suggested that the City Engineer may assist with recommendations in regards to traffic calming, if needed. Jim Notey, Property Manager, stated that he has met with the City Engineer previously in regards to a couple of intersections within the property. He also stated there have not been any accidents on the site or the entrances but he would certainly meet with the City Engineer again to address those concerns. Chair Ruiz closed the Public Hearing. 13 Greg Murphy, City Attorney, addressed the Planning Commission and clarified the direction for adding Condition of Approval number thirty-three (33), which is the cities standard condition regarding trash enclosures for restaurant uses; and, amended Condition of Approval number thirty -one (31), which the applicant read into the record. He stated those are the two (2) amendments, which are the will of the Planning Commission. Chair Ruiz stated the Public Hearing is closed and asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Saccaro, to APPROVE Design Review 12.02 and Conditional Use Permit 12.06 and ADOPT Resolution No. 12 -13 with two amendments to Conditions of Approval numbers thirty -one (31 and thirty-three (33) and findings. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None 4. CONSENT CALENDAR A. Approval of Minutes - July 16, 2012 Chair Ruiz asked for a motion to approve the Consent Calendar Commissioner Herrera made a motion, seconded by Vice -Chair Hunter, to approve Minutes of July 16, 2012 as presented. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None 5. MATTERS FROM STAFF None 6. MATTERS FROM THE CHAIR & COMMISSIONERS Vice Chair Hunter referred to the bank across the street from City Hall and stated that a Conditional Use Permit had been processed and asked staff when this project will be completed. Community Development Director Ramirez explained that Principal Planner Casillas is handling this project and the applicant is having issues with the fire department and signage. She explained the owner of the property has been in contact with staff and is working on resolving these issues. Commissioner Saccaro stated he would like to thank staff for all their hard work that they have put in for all three of these complex projects. 14 Commissioner Eng also thanked staff for all their hard work. Vice Chair Hunter, Commissioner Herrera, and Chair Ruiz also thanked staff for all their hard work. 7. ADJOURNMENT The next regular Planning Commission meeting will eld on of 2,,Aug t 2 0, 2012 at 7:00 p.m. Victor Ruiz A T: Chair � a-ZIC- Rachel Lockwood Commission Secretary 15