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PC - Minutes 04-20-09Minutes of the PLANNING COMMISSION MEETING April 20, 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 - Commissioner Vuu INVOCATION - Chairman Lopez ROLL CALL OF OFFICERS PRESENT - Commissioners Cam, Gay, Vuu, Vice-Chairman Kunioka, and Chairman Lopez OFFICIALS PRESENT: City Attorney Murphy, Principal Planner Bermejo, Associate Planner Agaba and Commission Secretary Lockwood 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS 2. PUBLIC COMMENTS FROM THE AUDIENCE Jim Flournoy stated that he came to City Hall to look through four (4) geotechnical reports. He also stated that the reports were not helpful and that they should be compared to the Bank of the West project, which he thought was done properly. Orawan Huttanasomboon stated that she is the owner of 9102 Valley Boulevard. She also stated that she was to appear and was not able to attend the Planning Commission Meeting on April 6, 2009, and questioned if she would be able to appeal an item that was on the Agenda for that date. Planning Principal Bermejo stated that after the Planning Commission approves an item, there is only a 10 day period for someone to appeal the decision. She also stated that the 10 day appeal period for the project at 9042-9044 Valley Boulevard was over. Orawan Huttanasomboon questioned what other options were available if she could not appeal. Principal Planner Bermejo and City Attorney Murphy stated that she could make appointment with Principal Planner Bermejo to discuss any concerns that she may have with the project, since the appeal period was over. 3. CONSENT CALENDAR A. Approval of Minutes • April 6, 2009 Vice-Chairman Kunioka stated there was one correction on page 6, the word "tract", should be "track". Commissioner Vuu made a motion, seconded by Commissioner Gay, to approve minutes of April 6, 2009. Vote resulted in: Yes: Gay, Kunioka, Lopez, and Vuu No: None Abstain: None Absent: Cam 4. PUBLIC HEARINGS A. TENTATIVE TRACT MAP 071087 - Ton Sanh Nguyen has submitted a Tentative Tract Map application proposing to merge five (5) existing parcels into one parcel at 7968 Garvey Avenue. The subject site is located in the C-3 (Medium Commercial) zone. PC RESOLUTION 09-06 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES; STATE OF CALIFORNIA, APPROVING TENTATIVE TRACT MAP 071087 TO CONSOLIDATE FIVE (5) EXISTING PARCELS INTO ONE (1) PARCEL LOCATED AT 7968 GARVEY AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5284-027.027). Recommendation - Staff recommends that the Planning Commission APPROVE Tentative Tract Map 071087 for a period of two (2) years and ADOPT Resolution 09.06. Associate Planner Agaba read his staff report and also read the corrections that were to be made to specific conditions of approval. Vice-Chairman Kunioka stated that in Condition 41, the word "forrester" was spelled incorrectly. He also stated that he had asked staff previously, if this subdivision required a preliminary soils report and made reference to Section 66490 of Article 7 of the Subdivision Map Act. Principal Planner stated that this is a tentative map application and that the applicant is combining lots and reverting back to acreage, therefore the lots are not being subdivided. She also stated that a soils report is not required for this application. Commissioner Vuu stated that on the tentative map, the lots read 1, 2, 3, 4, and 34, and questioned if those were the five lots the map was combining. Principal Planner replied yes. Commissioner Vuu questioned staff if there were any existing buildings that overlap lots 2 and 3. Principal Planner Bermejo replied yes, and stated that there are two existing. buildings on the site that cross property lines. She also stated that an earlier project was reviewed by the Planning Commission which purposed a mini-mall. She stated that the Planning Commission approved that project with a condition that the property owner combined the lots. She further stated that this application would satisfy that condition. Commissioner Vuu questioned staff if the existing building on the right side overlaps lots 3. and 4. Associate Planner Agaba stated that yes they do. Commissioner Vuu questioned staff how was it possible for the Planning and Building Divisions to approve a project built on overlapping lots. Principal Planner Bermejo and Associate Planner Agaba stated that the original building was built in 1960 and did not require Planning Commission Approval. They also indicated that the lots had been tied together for tax purposes, which today would be difficult to untie without City approval. Commissioner Vuu questioned staff if the Planning Division would approve a structure being built on two overlapping lots today. Principal Planner Bermejo stated no. Jim Flournoy stated that he is speaking in favor of the lot line adjustment and asked how the City would ensure that the map is recorded. Principal Planner Bermejo stated that if there is a condition of approval they will not be issued their Certificate of Occupancy until this map is recorded. Jim Flournoy questioned staff about the purpose of the 3 feet of right of way. Principal Planner Bermejo stated that those are conditions of approval from our City Engineer to make the existing right-of-way conform to the standard 10 feet right-of-way on Garvey Avenue. She also stated that there will not be any removal of buildings with the 3 foot dedication, as the sidewalk has already been placed, and the dedication will allow the city maintain the property instead of the applicant. Commissioner Vuu recommended to staff that Condition 47 be removed. Principal Planner Bermejo stated that it is a standard condition and suggested it remain Vice-Chairman Kunioka questioned staff on Condition 43. Principal Planner Bermejo stated that there is no development associated with this project. These are just standard conditions of approval. Jim Flournoy questioned staff if the ADA requirements have been satisfied or if the applicant will have to do curb cuts. Principal Planner Bermejo stated that they are going to be required to satisfy the ADA requirements at the corner. Jim Flournoy questioned staff if the overhead utilities will be under ground or above ground and also stated the applicants should be informed because of the expense. Principal Planner Bermejo stated that these are standard conditions of approval and the City Engineer makes those final recommendations. She also stated at this time they are not going to be placing anything unrealistic underground. She also stated she would like to remind the Planning Commission this is only a map application, and that the undergrounding of utilities would only be required for new future development. Attorney Murphy read the condition 37 and advised the Planning Commission not have it removed. The Planning Commission made some modifications to Condition 37. The new condition read, "New power, telephone, and cable television service shall be placed underground if new construction is proposed." Commissioner Gay made a motion, seconded by Vice-Chairman Kunioka, to approve Tentative Tract Map 071087 for a period of two (2) years and ADOPT Resolution 09-06 subject to conditions. Vote resulted in: Yes: Gay, Kunioka, Lopez, and Vuu No: None Abstain: None Absent: Cam B. CONDITIONAL USE PERMIT 04-968 (MODIFICATION NO. 2) - JDWA Architects (applicant) on behalf of Chin Sung Chen, who is owner of the Rosemead Mixed Use Plaza, has submitted a Conditional Use Permit application, requesting to modify the approved site plan for an existing mixed-use project, located at 8930.8932 Mission Drive in the C3 (Medium Commercial) zone. The applicant is requesting that the Planning Commission consider amending the approved site plan in order to reclassify some of the tenant spaces from "office" to "retail" space, and to allow all tenant spaces as a combination of "off icelretaillrestaurant" area. PC RESOLUTION 09.09 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT 04.968 (MODIFICATION) TO AMEND THE ORIGINALLY APPROVED SITE PLAN TO ALLOW FOR A MIXTURE OF RETAIL, OFFICE AND RESTAURANT USES WITHIN THE COMMERCIAL PORTION OF AN EXISTING MIXED-USE DEVELOPMENT LOCATED AT 8930.8932 MISSION DRIVE (APN: 5391-011.054). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 04.968 (Modification No. 2) for a period of six (6) months and adopt Resolution 09.09, subject to conditions. 4 Principal Planner Bermejo read the staff report. Vice-Chairman Kunioka stated that he had questions on Condition 20 and questioned if the location of the transformer was comparable to the one at Wal-Mart. Principal Planner Bermejo replied yes it is comparable. Vice-Chairman Kunioka also questioned staff if the 3,200 square feet of restaurant area is what the applicant had requested. Principal Planner Bermejo replied that it was the total amount of restaurant area that was originally reviewed under the original traffic study and approved by the Planning Commission. Vice-Chairman Kunioka stated that the primary request is for more retail area at the location. Principal Planner Bermejo stated yes. Commissioner Gay stated that Condition 11 did not seem resolved, as he had not seen addresses posted on buildings. Principal Planner Bermejo stated that she would go and check to verify that the buildings have addresses. Daniel Amaya from JWDA, Project Manager, stated that he is available to answer any questions. Commissioner Gay questioned if there were addresses posted on the building units. Daniel Amaya stated that he will check on the address issue. Commissioner Vuu questioned if each unit or suite was required a separate address. Principal Planner Bermejo stated yes and stated that she would confirm with the Building Official as to what time they are assigned, as the Building Official is responsible for assigning addresses. Jim Flournoy stated that he is in favor of this project and that he would like to see it approved by the Planning Commission. Brian Lewin stated that he likes staff's recommendations for food uses in Building B and questioned if the Building Department regulates the address process. Principal Planner Bermejo stated that the building department does regulate the issuance of building addresses. She also stated she will have to check with the Building Official to verify if there is a suite number size requirement. Brian Lewin stated that addresses of suites and units are important. Jim Flournoy stated that he is not satisfied with the Geotechnical / Geology Report process and would like to see reports processed in a timely manner. Principal Planner Bermejo_ stated to the Planning Commission that there are no further geo- technical studies that are required for this project. Chairman Lopez questioned staff on who is in charge of Geotechnical / Geology process. Principal Planner Bermejo stated that the Building Division handled the Geotechnical / Geology report review of this project. She also stated that the City has implemented a new process, which is handled by the Planning Division. Vice-Chairman Kunioka questioned staff about the geotechnical report for this project. City Attorney Murphy explained that the report actually exceeds what the Seismic Hazard Mapping Act and what the Municipal Code requires. He said the City Attorney's Office has reviewed the report and believes that it's sufficient to meet the City's Municipal Code and the state. He said tonight, the public hearing is simply a change in use within the building and it doesn't implicate something this wide ranging. He said the City Attorney's Office is satisfied with the report in regards to this condition. Vice-Chairman Kunioka stated that the traffic, parking and trash issues have been satisfied and would like to motion for approval. Vice-Chairman Kunioka made a motion, seconded by Commissioner Vuu, to approve Conditional Use Permit 04.968 (Modification No. 2) for a period of six (6) months and adopt. Resolution 09.09, subject to conditions. Vote resulted in: Yes: Gay, Kunioka, Lopez, and Vuu No: None Abstain: None Absent: Cam 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Chairman Lopez questioned staff about the Ramona beautification project and asked what was being done at the tail end of that project. Principal, Planner Bermejo stated that she would have to get back to him with that information, as the project was being handled by the Public Works Division. Chairman Lopez stated that he saw concrete and questioned staff about the purpose of the concrete. Principal Planner stated that it was a beautification project and she would get back to the Planning Commission with the specifics. Vice-Chairman Kunioka stated that he attended the Planning Commissioner's Training with Chairman Lopez on April 16, 2009. He mentioned that an issue that came up was about alternatives. He said that when we discuss about alternatives, such as big things like the General Plan, and if there is a change, it's reasonable and important for fair discussion that residents are presented with realistic alternatives, in terms of what's being considered. You don't want to make promises about things that can't be delivered, such as population growth and traffic. 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF None 7. ADJOURNMENT Vice-Chairman Kunioka made a motion, seconded by Commissioner Vuu, to approve adjournment. Vote resulted in: Yes: Gay, Kunioka, Lopez, and Vuu No: None Abstain: None Absent: Cam Meeting was adjourned at 8:00 p.m. The next regular meeting is scheduled for Monday, May 4, 2009 at 7:00 p.m. Daniel Lopez Chairman A adi c - Rachel Lockwood Commission Secretary STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD 1 1, Gloria Molleda, City Clerk for the City of Rosemead, do hereby certify that the minutes of April 20, 2009 was duly and regularly approved by the Rosemead Planning Commission on the 18'x' of May 2009, by the following vote to wit: Yes: Gay, Kunioka, Lopez, Vuu No: None Abstain: None Absent: Cam Gloria Molleda City Clerk