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PC - Agenda - 10-07-13Public Comment from the Audience: • If you wish to address the Planning Commission, please complete a Speaker Request Card and hand it to the Commission Secretary before the start of the meeting. • The Planning Commission will hear public comments on matters not listed on the agenda during the Public Comments from the Audience period. • Opportunity to address the Planning Commission (on non - agenda items) is limited to 3 minutes per speaker. • The Planning Commission will hear public comments on items listed on the agenda during discussion of the matter and prior to a vote. Brown Act: Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The Planning Commission may direct staff to investigate and /or schedule certain matters for consideration at a future Planning Commission meeting. Americans with Disabilities Act: In compliance with the ADA, if you need special assistance to participate in this meeting, please contact the City Clerk's office at least 48 hours prior to the meeting to allow the City to make reasonable arrangements to ensure accessibility to the meeting or service. Persons attending the meeting shall observe rules of propriety, decorum, good conduct, and refrain from impertinent or slanderous remarks. Violation of this rule shall result in such persons being barred from further audience before the governing body. This agenda was posted 72 hours in advance of the meeting at the City Hall, 8838 E. Valley Boulevard, Rosemead; the L.A. County Library, Rosemead Branch, 8800 E. Valley Boulevard, Rosemead; and other locations pursuant to RMC Sec. 1.08.020. Any writings or documents provided to a majority of the Rosemead City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office during normal business hours. Rosemead Planning Commission AGENDA October 7, 2013 7:00 PM City Hall Council Chambers 8838 E. Valley Blvd., Rosemead, California 91770 w .cityofrosemead.org Diana Herrera, Chair Nancy Eng, Vice -Chair Tam Dinh, Commissioner Daniel Lopez, Commissioner John Tang, Commissioner ROSEMEAD PLANNING COMMISSION • CALL TO ORDER — 7:00 PM • PLEDGE OF ALLEGIANCE — Commissioner Tang • INVOCATION — Commissioner Dinh • ROLL CALL — Commissioners Dinh, Lopez, Tang, Vice -Chair Eng, and Chair Herrera 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS 2. PUBLIC COMMENTS FROM THE AUDIENCE (Please refer to public comment guidelines on the first page of this document.) 3. PUBLIC HEARINGS October 7, 2013 A. CONDITIONAL USE PERMIT 11.15 - Chris Lee has submitted a Conditional Use Permit application requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment located at 8877 Valley Boulevard, in the CBD - MUDO /DO (Central Business District with a Mixed Use Development and Design Overlay) zone. PC RESOLUTION 13.14 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 11 -15 FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING ESTABLISHMENT, LOCATED AT 8877 VALLEY BOULEVARD, IN THE CBD - MUDO -D (CENTRAL BUSINESS DISTRICT WITH A MIXED USE DEVELOPMENT AND A DESIGN OVERLAY) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 13 -14 with findings, and APPROVE Conditional Use Permit 11 -15 subject to the twenty -eight (28) conditions. B. ANNUAL REVIEW OF WAL -MART CONDITIONS OF APPROVAL & MODIFICATION 13 -04 - On September 8, 2004, the City Council approved the Wal -Mart development at 1827 Walnut Grove Avenue and adopted a comprehensive list of project conditions, as well as a Mitigation Monitoring Plan (MMP). On December 13, 2005, a revised Final Environmental Impact Report was certified in accordance with the California Environmental Quality Act requirements. Condition of approval No. 59 requires the Planning Commission to conduct an annual review of Wal- Mart's operation to ensure compliance with all conditions of approval and mitigation measures outlined in the MMP. The City of Rosemead Planning Commission conducted Wal- Mart's last annual review on August 20, 2012. There were only two (2) areas of maintenance improvements that were found during the 2012 review, which includes landscape maintenance and parking lot maintenance. Both issues were resolved by September 2, 2012. This report will provide an overview of Wal- Mart's compliance with all conditions of approval for 2013. Since Wal -Mart has demonstrated a good effort to satisfy all conditions of approval over the last few years, Wal -Mart Stores, Inc. has submitted an application requesting to modify the conditions of approval for Development Agreement 04 -01, Tentative Parcel Map 26827, and Conditional Use Permits 02 -882 and 03- 939 to eliminate Condition of Approval Number 59, which currently requires the annual Planning Commission review of Wal- Mart's compliance with the conditions of approval. Page 2 of 3 ROSEMEAD PLANNING COMMISSION October 7, 2013 STAFF RECOMMENDATION - Based on the analysis contained in this report, it is recommended that the Planning Commission APPROVE or DENY Modification 13 -04. Following the Planning Commission's recommendation, staff will provide the appropriate resolution at the next regular scheduled Planning Commission meeting. 4. CONSENT CALENDAR A. Minutes — September 16, 2013 5. MATTERS FROM STAFF 6. MATTERS FROM THE CHAIR & 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, October 21, 2013 at 7:00 p.m. Page 3 of 3