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PC - Item 3A - Minutes 04-06-09Minutes of the PLANNING COMMISSION MEETING April 6, 2009 The regular meeting of the Rosemead Planning Commission was called to order by Chairman Lopez at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Vice-Chairman Kunioka INVOCATION - Vice-Chairman Kunioka ROLL CALL OF OFFICERS PRESENT: Commissioners Gay, Vice-Chairman Kunioka, and Chairman Lopez OFFICIALS PRESENT: City Attorney Murphy, Principal Planner Bermejo, Assistant Planner Trinh, and Commission Secretary Lockwood 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS 2. PUBLIC COMMENTS FROM THE Jim Flournoy requested an introduction of Principal Planner Bermejo introduced our Murphy from Burke, Williams, & Sorenser Attorney his name is Mr. Greg Jim Flournoy stated that he believed there was an items to be put on the Agenda, and he requested 1 on the next Planninq Commission Agenda. 3. CONSENT ice stating that the public could request Wal-Mart Conditions of Approval be put A. Approval of Minutes - March 16, 2009 Vice-Chairman Kunioka stated that he had two small corrections. He said that on Page 5, second section of 6A. it should read that the environmental impact reoort for the Wal-Mart Droiect stated that there would not be any significant impact of noise, so the lack of the base line study becomes very important, and we should not be focusing on whether or not the noise violates the Rosemead noise ordinance but rather if there is a significance increase of noise. The threshold defined in the CEQA process was 3 decibels, which is a stringent level and much more stringent than the City of Rosemead Noise Ordinance. He also stated that on page 6, the word "not" should be included in the 3rd paragraph from the bottom of the page and the phrase should state "may not be present". Principal Planner Bermejo requested clarification on Vice-Chairman Kunioka's request for the correction of the minutes on page 5. City Attorney Greg Murphy stated that what Vice-Chairman Kunioka would like is a second sentence stating that because the environmental impact report said, that there was no significant impact, a base line noise study takes on an added significance. Vice-Chairman Kunioka agreed with the correction. Vice-Chairman Kunioka made a motion, seconded by Commissioner Gay, to approve minutes of March 16, 2009 with corrections to page 5 and 6. Vote resulted in: Yes: Gay, Kunioka, and Lopez No: None Abstain: None Absent: Cam and Vuu 4. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 93.591 (Modification) - The Square Group, LLC has submitted an application to modify Conditional Use Permit 93-591, requesting to expand an existing market, located at 8150 Garvey Avenue, Unit 121 in the C-3 (Medium Commercial) zone. PC RESOLUTION 09-08 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 93-591 (MODIFICATION), TO EXPAND AN EXISTING MARKET, LOCATED AT 8150 GARVEY AVENUE, UNIT 121 IN THE C-3 (MEDIUM COMMERCIAL) ZONE. (APN: 5284-001-030) - Staff recommends that the Planning Commission APPROVE :rmit 93-591 (Modification) for a period of six (6) months and adopt ;ubject to conditions outlined in Exhibit "B" attached hereto. Assistant Planner Trinh read her staff Vice-Chairman Kunioka had questions for staff regarding the City's parking ordinance, the ABC license, and if the door on west side was required for fire escape purposes. Principal Planner Bermejo stated that the door will not be used for fire escape purposes as there are enough existing exits. Jim Flournoy questioned what the current businesses were, and which businesses will be displaced after the expansion. Principal Planner stated that the current business is the 99 Ranch Market, which will change to "The Square Market", if approved tonight. She also stated that a produce store will be displaced. 2 Jim Flournoy stated that he had two more questions. He asked if the previous vermin problem was taken care of, and if the fire department had signed-off on the west side of the building without a fire exit door leading to Pine Street. Principal Planner Bermejo stated that the reviewing agencies that took a look at this tentative improvement was the building official. She stated that if the Fire Department requires a fire exit door, the City would agree allow a door. Vice-Chairman Kunioka made a motion, seconded by Chairman Lopez, to approve Conditional Use Permit 93-591 (Modification). Vote resulted in: Yes: Gay, Kunioka, and Lopez No: None Abstain: None Absent: Cam and Vuu DESIGN REVIEW 09-01 - Alberto V. Luis on behalf of Mikes Fabrics has submitted a Design Review application for the construction of a landscaped parking lot to serve the existing fabric and upholstery business located at 9042 Valley Boulevard in the CBD-D (Central Business District with a Design Overlay) zone. PC RESOLUTION 09-07 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING A REQUEST BY MIKES FABRICS FOR DESIGN REVIEW 09-01 FOR THE PURPOSE CONSTRUCTING A NEW LANDSCAPED PARKING LOT AND DEMOLISHING AN EXISTING BUILDING, LOCATED AT 9040-9046 VALLEY BOULEVARD IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE. (APNS: 8954-001-009, 026, AND 011) recommends that the Planning Commission APPROVE a period of (1) year and adopt Resolution 09.07, subject to fibit "B" attached hereto. Sheri Bermejo read staff report and showed a power point presentation. Vice-Chairman Kunioka asked staff questions regarding the van accessible parking requirements, and he also questioned if the entry way for parking lot was only 15 feet wide due to the fire hydrant, and if cars have been parking onsite in the past. He also asked questions about the lighting being low pressure sodium and fully shielded, fencing, and what the business hours were. Principal Planner Bermejo said that the placement of the driveway was due to the location of parking stalls and the fire hydrant. Commissioner Gay stated that he is very approving of this project and feels it will be a nice addition to Valley Boulevard. Richard Chavira, Architect, and Ines Cruz, one of the property owners, stated they have a few issues they would like to address. The first issue is the location of the trash enclosure, as moving it solves the visual problem but it presents another problem with losing one parking spot in a parking lot which is already impacted. They stated that it is more important to have the parking spot. They also feel to paint the trash enclosure black is a mistake. The building is beige and they feel black is going to be an eyesore, and they stated they would like it to be painted a beige color to match the building. They also questioned the conditions of approval, as the findings didn't match the conditions. Principal Planner stated that they issued revised Conditions of Approval tonight to the Commission. Richard Chavira stated they did not receive them. The second issue that he would like to bring up is putting asphalt instead of concrete. The Bank of the West, which is next door, is done in asphalt and he does not understand why this project has to be in concrete. His recommendation is to use asphalt. Principal Planner Bermejo stated that concrete will last longer and visually look a lot better. She also stated if the Planning Commission recommends asphalt, then the Condition of Approval could be changed. Vice-Chairman Kunioka questioned Principal Planner Bermejo if concrete was requested due to an urban heat island issue. Principal Planner Bermejo confirmed that the zoning code does not address urban heat island issues. Chairman Lopez stated that asphalt would be acceptable as long as it is done correctly, Richard Chavira stated it is a cost implication for his client, as asphalt is not as expensive as concrete. The other issue is the trellis over the trash enclosure, and he indicated that it is a design element, but if it is in the corner then it will not be visible. He stated that his client is also concerned with security and would like a higher fence for protection from transients and vandals. Ines Cruz stated that she lives right behind the parking lot, and her biggest concern is security, due to transients, and vandalism. She also stated that is why they would like a higher fence. Principal Planner Bermejo stated that the trash enclosure currently is not in the best location, because if doors are left open, the trash bin will be visible from the public right-a-way. She also said that the trash enclosure doors should be painted a dark color due to rust and dirt, and that dark brown would be fine. In regards to fencing, she read the Rosemead Municipal Code requirements and stated applicant would have to apply for a Municipal Code Amendment. She also stated that staff would like to see other options in regards to security, such as lighting and security cameras. In regards to asphalt, she feels portland concrete looks better and last longer, but if Planning Commission would like asphalt, the Conditions of Approval could be changed. Vice-Chairman Kunioka questioned staff about the trash enclosure, the trellis, the landscaping, he asked where people are parking now, and what the building that is being demolished is currently used for. Richard Chavira and Ines Cruz stated the building is vacant and that there is very little stored in there. The trellis will be stained, and when the Disposal Company comes to pick up the trash bin, the bin is rolled out to the street due to trucks not being able to enter site. Chairman Lopez stated that he would like to propose that the trash container stay where it is proposed so that the applicant does not lose a parking space and that with proper landscaping asphalt would be fine if done correctly. He also said that there was nothing they could do about fencing. Vice-Chairman Kunioka stated Conditions 35 and 39 need to be striked. Brian Lewin questioned if the trellis was wood, and asked what the slope was of the lot for storm water purposes. He also stated that he would request a non-porous cover beneath the trellis so that there will be no rain water run off into trash enclosure. He also recommends a self-latching and self-locking mechanism. He also agrees that lighting and security cameras are a deterrent for vandalism. Jim Flournoy commented on the trash enclosure, the asphalt, the building height, and the security. Commissioner Gay made a motion, seconded by Vice-Chairman Kunioka, to approve Design Review 09-01 with all conditions outline in Exhibit "B" excluding conditions No. 35 and No. 39. Vote resulted in: 5. MATTERS Chairman Lopez sta would like to attend. & COMMISSIONERS there is a UCLA Planning Commissioners Training in April and that he Vice-Chairman Kunioka expressed that he would like to attend and requested that they get registered. Vice-Chairman Kunioka stated he would like to go back to the sound issue regarding Wal-Mart, and stated we must reduce the noise impact. Commissioner Gay indicated that they need to be flexible with conditions to make sure projects get developed, especially during these economic times. Vice-Chairman Kunioka questioned if is there a City Ordinance that states that residents can request items to be put on the Agenda. Principal Planner Bermejo stated that is something she will have to look into. 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF Principal Planner Bermejo stated that we are still on tract for the next Wal-Mart Review to take place on May 18, 2009. Jim Flournoy asked Principal Planner Bermejo for Conference updates that she has attended. Principal Planner Bermejo stated she attended a few trainings and meetings and gave an update on what she has been attending. Vice-Chairman Kunioka questioned if holiday lighting was regulated in the municipal code. Principal Planner Bermejo stated there is not municipal code requirement that prohibits it, but it is best if holiday lights are used temporarily and not all year round. 7. ADJOURNMENT Vice-Chairman Kunioka made a motion, seconded by Commissioner Gay, to approve to adjourn. Vote resulted in: Yes: Gay, Kunioka, and Lopez No: None Abstain: None Cam Meeting was adjourned at 8:17 p.m. The next regular meeting is scheduled for Monday, April 20, 2009, at 7:00 p.m. Daniel Lopez Chairman ATTEST: Rachel Lockwood Commission Secretary 6