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PC - Minutes 03-16-09Minutes of the PLANNING COMMISSION MEETING March 16, 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 - Chairman Lopez INVOCATION - Commissioner Gay ROLL CALL OF OFFICERS PRESENT: Commissioner Gay, Vice-Chairman Kunioka, and Chairman Lopez OFFICIALS PRESENT: City Attorney Plaza, Assistant City Manager Saeki, Principal Planner Bermejo, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS No Public Hearings 2. PUBLIC COMMENTS FROM THE AUDIENCE Jim Flournoy stated that he dismissed his lawsuit against the City of Rosemead. Jim Flournoy also mentioned that he requested reports of public record for a few projects that were approved last year and questioned the status of two projects on Valley Boulevard. Marlene Shinen stated she did not understand this meeting's Agenda and questioned if the staff report has been finalized. Chairman Lopez and Principal Planner Bermejo explained that this meeting is only a review, and not a public hearing. Principal Planner Bermejo stated she will give an overview of how Wal-Mart has addressed their conditions of approval, She also stated that her recommendation tonight will be for Wal-Mart to work with staff to finalize any outstanding items. Marlene Shinen stated she has a few conditions of approval that concern her. Ms. Shinen said that she is concerned with Hewitt Financial operating inside the Wal-Mart store without a Certificate of Occupancy, and questioned how long they have been operating without a Certificate of Occupancy. Principal Planner Bermejo stated that an inspection had taken place on March 5th, and it was discovered that they did not have a Certificate of Occupancy Permit. She said that she was not sure how long they have been operating without a permit. She also said that, as soon as the violation was addressed, the business went to City Hall and started the Occupancy Permit procedure. Marlene Shinen questioned how long Da-Vi's Nails has operated in the Wal-Mart store without a business license. Principal Planner Bermejo stated that she is not sure, but added that the business did have an Occupancy Permit. She mentioned that according to Wal-Mart there was a misunderstanding at headquarters. However, as soon as the violation was discovered, the Da-Vi Nails business came in to City Hall to apply for a business license. Marlene Shinen questioned if there is the potential of health issues and questioned if the business was cited or fined. Ms. Shinen questioned if the business license is posted and asked how often staff monitors the businesses in Wal-Mart. Principal Planner Bermejo stated that staff does an Annual Review of Wal-Mart, which involves site inspections. Marlene Shinen questioned Planning Condition of Approval Number 36 on page 9 of the staff report, regarding citations of violations. She noticed that staff had written no comment, and she requested the Planning Commissioners to please clarify the statement. Ms. Shinen stated there is a list of violations and questioned who is going to monitor these violations, the staff or the residents. Principal Planner Bermejo stated that staff reviewed every Condition of Approval and mitigation measure. She said the report was a comprehensive summary of what needed to be resolved. She stated that staff did not find any serious violation to which would call for a revocation of their entitlements. She added that if there was a serious violation, the violation would be discussed at the Planning Commission Meeting. Marlene Shinen questioned how often Planning Division monitors Wal-Mart. Principal Planner Bermejo explained that site inspections will be done annually in accordance with Wal-Marts conditions of approval. Marlene Shinen stated that Condition of Approval 41 has always been controversial, and she read mitigation measure 4.5.1 from the staff report and stated it goes along with the noise issues. She stated her concerns over issues during the construction of Wal-Mart and how they affected the residents on Delta Avenue. Marlene Shinen questioned the Planning Commission to what "satisfied" means in staffs report. Principal Planner Bermejo stated she would like to explain tonight that Condition of Approval 59 requires the annual review of all the Conditions of Approval and that Wal-Mart is complying with business operations. She also stated that it was staffs opinion that the sound wall that was installed during the construction of Wal-Mart satisfied the Condition of Approval. Marlene Shinen stated the residents did not know that construction was going to be right on the other side of the wall. She also stated other concerns, such as the delivery trucks entering the driveways on Rush Street, which is not enforced by the Sheriffs. She also stated that there are no signs posted for the trucks not to enter, and that there is a family that stayed overnight in a truck parked at Wal-Mart. Ms. Shinen questioned who determines when Wal-Mart will go 24 hours. Principal Planner and Chairman Lopez stated Wal-Mart would have to come back to the Planning Commission with that request. Marlene Shinen questioned if the Planning Commission would make that decision, and asked what assurance the Planning Division can give her that the store will not become a 24 hour store. Chairman Lopez stated that the Planning Commission has already said no once, and that we do not plan on changing our minds at this time. Marlene Shinen read Condition 54 regarding hours of operation. Vice-Chairman Kunioka stated those conditions are from an older version of the Condition of Approvals and that the final revised impact statement states that 24 hour aspect was struck out. Principal Planner Bermejo explained that there is a recorded covenant on the property which limits the hours of operation and explained the process that Wal-Mart would have to do before they could open for 24-hours. Marlene Shinen requested someone explain Condition 54 to her and wanted some assurance that Wal-Mart will not be a 24-hour store soon. Vice-Chairman Kunioka and Principal Planner explained there could be an error in the staff report, with respect to Condition of Approval 54, and stated that it will be verified. Marlene Shinen questioned what will be corrected Principal Planner Bermejo stated she would check to make sure how the condition 54 was stated correctly and assured Ms. Shinen that the store could not be 24-hours due to the specific covenant on the property. Marlene Shinen handed photos to the Planning Commission. Jennifer Guenther, from the law firm of Gresham Savage Nolan & Tilden, attorney in behalf of Wal- Mart, stated she is available to answer any questions and that she would like to address a couple of questions that Ms. Shinen has raised. She said, with regards to Hewitt Financial and the Certificate of Occupancy, no one really knows what happened, it is a business that runs for a short time every year during tax season time and as soon as it was found out it did not have a Certificate of Occupancy, within 24 hours it had been addressed. She indicated that the same thing occurred with Da-Vi's Nails. As soon as it was found out that they did not have their business license, they looked into the problem and found there had been an error of payment for the business license, and headquarters from Da-Vi's Nails had not told the franchise the check payment had been returned. Ms. Guenther explained that she would like Ms. Shinen to know that a business license and a professional license are two different things, and that the issuance of a business license has nothing to do with their proficiency to obtain the professional license, which they have to obtain separately. She then said, with regards to the delivery truck issues, that she will talk to the store manager. She stated that she would also like to know which trucks and companies have been doing the deliveries, so they can be informed of the appropriate delivery routes. Jennifer Guenther stated that she did not know how the store could address a family living in a truck but if there is a way and options, they would be willing to explore that. Jennifer Guenther stated from her understanding, Wal-Mart headquarters has no intent of applying for a 24 hour license in the immediate future, and stated that if that changes in the next couple of years, they realize there is a covenant recorded against the property and they would have to come back to the application process and entitlement process, as well as comply with any environmental issues that could be related to the operations for 24-hour. Jennifer Guenther stated that Wal-Mart is making every effort to try to work with the City of Rosemead to make sure that they resolve this and they are able to address any concerns that have been raised. City Attorney Eva Plaza questioned Ms. Guenther if it would be Wal-Mart's responsibility to make sure that businesses have their professional licenses, Certificates of Occupancy's, and business licenses before they operate. Jennifer Guenther stated that in regards to the Da-Vi's Nails business license, Wal-Mart provided her with a copy of the business license application and the funding that had been sent into the City, but Da-Vi's Nails headquarters had not reported that the check had been returned. She said they rely on the vendors to take the proper procedures, but as soon as they are informed that there is an issue, they address it. City Attorney Eva Plaza stated for the record, the City of Rosemead should not be responsible for the vendor's of Wal-Mart to get the proper licenses to operate. She said Wal-Mart should take the responsibility to make sure the vendor's in their stores follow the proper procedures before they can operate in Wal-Mart. 3. CONSENT CALENDAR A. Approval of Minutes - March 2, 2009 Recommendation: Vice-Chairman Kunioka stated that there is an error in Part 5, the name of the Conference they attended, and would like it corrected to, "A Land Use and Planning Conference". Commissioner Gay made a motion, seconded by Vice-Chairman Kunioka, to approve the Minutes of - March 2, 2009 with correction. 4 Vote resulted in: Yes: Gay, Kunioka, and Lopez No: None Abstain: None Absent: Cam and Vuu 4. PUBLIC HEARINGS None 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS None 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF A. Wal-Mart Annual Review of Conditions of Approval Principal Planner Bermejo read a summary of her staff report and completed a review of Wal- Mart's Conditions of Approval. She also requested to be contacted as soon as possible if delivery trucks are not being in compliance, so that she can contact Wal-Mart immediately, Vice-Chairman Kunioka questioned the current sound study, and stated that a base line noise study had never been done. He also stated that because the environmental impact report said, that there was no significant impact, a base line noise study takes on an added significance. Commissioner Gay stated that he would like to see Wal-Mart address the issues of noise studies for the residents of Delta and get some fair reviews for all the issues that have come up. He also reassured Ms. Shinen that the Planning Commission was not considering Wal-Mart to be 24 hours in the near future. Vice-Chairman Kunioka stated we may not all agree on all the conditions of approval, but we will probably agree that this is not the final revised environmental impact conditions of approval and should bring this back with corrections. He asked Marissa Castro-Salvati from Southern California Edison how long will the process take to see if the noise is coming from a defective transformer, and he suggested that a sound barrier be placed around the transformer if possible. Marissa Castro-Salvati, from Southern California Edison Public Affairs, stated that she has been working with Jennifer Guenther to schedule a time to work with Wal-Mart Headquarters regarding the next round of testing. She stated that if the noise is coming from the transformer, it will be replaced with a new transformer as soon as it is available. Ms. Castro-Salvati stated that she will have to coordinate with the Planning Division to have that done. Vice-Chairman Kunioka questioned loudness of the transformers and if sound barriers could be placed around them. Marissa Castro-Salvati stated that the transformers will emit noise, but we will comply with the City's noise ordinance and work with Wal-Mart. Barriers can be placed around transformers but there are specific requirements. Jennifer Guenther stated that additional noise studies were commissioned and that it has been recently found out that it was a transformer that is emitting excessive noise, she also said she has been working with Marissa Castro-Salvati from Edison on fixing or replacing the transformer and explained the steps that would have to be taken to shut the power down at the Wal-Mart store so that the store may not lose refrigerated merchandise and operation hours. Brian Lewin questioned where the monies for Condition 41 were spent and would like to see the parking lot at Wal-Mart patrolled more closely by Temple City Sheriffs for overnight or illegal parking. Principal Planner Bermejo stated they will be used for traffic calming measures. Principal Planner Bermejo stated she would like the public to call her as soon as there is a parking issue that needs to be addressed by Public Safety Center or Temple City Sheriffs. Assistant City Manager, Brian Saeki apologized to Traffic Commissioner Lewin for not letting the Traffic Commission know about the newly found information about the funds that were deposited by Wal-Mart. He stated that the Traffic Commissioners will be receiving a memo soon. Jim Flournoy stated he did not realize that the City was doing the Annual Report of Wal-Mart tonight, and questioned Principal Planner Bermejo if she received the original Conditions of Approval. He also stated there were many issues that have not been resolved such as location of transformer, the back up generator (emergency on permanent basis), letters on file on noise issues, air conditioners, transformers, the Panda Project and made reference to Condition 4. Principal Planner Bermejo stated this meeting is in regards to Wal-Mart's Annual Review only. Marlene Shinen stated there was a Delta resident that did not receive her double pane windows from the settlement of the noise issues and residents still have not received any information on the settlement. Principal Planner stated that tonight's discussion has nothing to do with the settlement. Principal Planner Bermejo stated she would like to bring this item back in 60 days. Vice-Chairman Kunioka expressed concern that in 60 days some of the Planning Commissioners may not be present. Assistant City Manager Brian Saeki stated that 60 days would probably be a reasonable time frame and reassured the Planning Commissioners that they will continue to receive updates of reports. Vice-Chairman Kunioka read the conditions of approval that should be corrected and addressed. Principal Planner Bermejo stated she noted his concerns and would come back in 60 days for an update. Chairman Lopez stated that he agrees that 60 days will be fine. Commissioner Ron Gay made a motion, seconded by Vice-Chairman Todd Kunioka, to continue the discussion of Wal-Mart's Annual Review of Conditions of Approval at a Planning Commission Meeting in 60 days. Vote resulted in: Yes: Gay, Kunioka, and Lopez No: None Abstain: None Absent: Cam and Vuu B. Memorandum AB 1234 Ethics Training for Local Officials Principal Planner Bermejo stated that the Planning Commissioners have a memo in their packets and that they can do their AB 1234 Ethics training online. She gave Commissioners directions to do so as soon as possible. She also, announced that the Planning Commissioners' terms will be expiring on May 21, 2009, and that the City Clerk will be posting the vacancies and the application on the City of Rosemead web site, newspaper, and the usual postings. Principal Planner Bermejo also addressed Chairman Lopez's interest of the next National APA Conference which will be held from April 25-29, 2009. She stated that staff will not be attending this conference this year, and added that the deadline to register is March 26, 2009. Principal Planner Bermejo stated that she contacted Cal Trans and they will clean up the locations that were addressed at the last Planning Commission Meeting. She also stated that there is a Ramona Beautification Project that will be starting soon. 7. ADJOURNMENT Vice-Chairman Todd Kunioka made a motion, seconded by Commissioner Ron Gay, to adjourn. Vote resulted in: Yes: Gay, Kunioka, and Lopez No: None Abstain: None Absent: Cam and Vuu Chairman Lopez adjourned the meeting at 8:43 p.m. The next regular meeting is scheduled for Monday, April 09, at 7:00 p.m. a iel Lopez Chairman Z: Rachel Lockwood Commission Secretary STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD I, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the minutes from March 16, 2009, were duly and regularly approved and adopted by the Rosemead Planning Commission on the 20th of April, 2009, by the following vote to wit: Yes: Gay, Lopez, Kunioka, Vuu No: None Abstain: None Absent: Cam G oria 'Moll' Molleda City Clerk