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PC - Item 3A - Minutes 06-15-09Minutes of the PLANNING COMMISION MEETING JUNE 15, 2009 The regular meeting of the Rosemead Planning Commission was called to order by Chairwoman Herrera at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Chairwoman Herrera INVOCATION - Commissioner Eng ROLL CALL OF OFFICERS PRESENT - Commissioners Eng, HUntefRuiz, Vice-Chairman Alarcon, and Chairwoman Herrera ( L, p: OFFICIALS PRESENT: City Attorney Richman, Principal PlannerBermejo, Associate Planner Agaba, Assistant Planner Trinh, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND:APPEAL°RIGHTS 2. PUBLIC COMMENTS FROM THE None 3. CONSENT CALENDAR m r A. Approval of Minutes - May18, ir` ' •'i City Attorney Richman stated that sh Consent Calendar byjeliminating the re She stated that `since thecurrent Plar 2009 meeting, she ne 'de' `to.verify'the Commissioner;Eng made a motion, sec June 1, 2009 E Vote resulted in. Yes: Alarcori No: None Abstain: None Absent: None 4. PUBLIC HEARINGS CE 2009 and`June 1, would liken request that the Commission amend the w of tWPlanning Commission Minutes of May 18, 2009. ng Com'missioners were not present during the May 18, ocess for approving those minutes by Commissioner Ruiz to approve the minutes of Herrera, Hunter, and Ruiz A. MUNICIPAL CODE AMENDMENT 09.01 - Municipal Code Amendment 09-01 is a City initiated amendment that proposes to amend the Zoning Ordinance to allow one (1) dwelling unit per six thousand (6,000) square feet of lot area, with a minimum distance 1 of twenty (20) feet between dwellings on the same lot, in the R-1 (Single-Family Residential) zone, and to require a Conditional Use Permit (CUP) for any dwelling unit developed with a total living area equal to or exceeding two thousand five hundred (2,500) square feet in R-1 (Single-Family Residential) and R-2 (Light Multiple Residential) zones. PC RESOLUTION 09-13 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL AMEND THE ZONING ORDINANCE TO ALLOW ONE DWELLING UNIT PER SIX THOUSAND (6,000) SQUARE FEET OF LOT AREA IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONE: --AND TO REQUIRE A CONDITIONAL USE PERMIT FOR ANY DWELLING WITH,A"DEVELOPED LIVING AREA EQUAL TO OR EXCEEDING TWO THOUSAND FIVE HUNDRED'(2,500) SQUARE FEET IN R-1 (SINGLE-FAMILY RESIDENTIAL) AND R-2 (LIGHT MULTIPLE;R,ESIDENTIAL) ZONES. Recommendation - Staff recommends that No. 09-13, a resolution recommending tha modifying the Zoning Ordinance with re' distance between buildings in the R-1 (Sir Use Permit requirements in the R;1 (Singl Residential) zones. Commission,4DOPT Resolution incil ADOPT Ordinance No. 876, Alations governing-'density and isidential) zone and Conditional idential) and R-2 (Light Multiple Commissioner Eng stated that this is an Ordinarice:Amendment and questioned staff if we had given the public enough time for public input, and/if 'this wil/affect the R-2 zone. She also questioned staff how the standaFdfor distance structures was;determined, what the code requires for front and rear yard setbacks and questionei\the impacts of reducing the distance between structures from 20 feef-to12 feet. . Principal Planner Bermejo stated that'the Muriicipal'Code requires that the public hearing notice be published, in-a ifewspaper,of genefalticirculation 10 days prior to the public hearing. She further stated,that the notice for<MCA 09 01r.was.posted at five locations within the City, in addition to the placement`,,in the newspaper.-She also stated that the Municipal Code Amendment will not affect the R-2 26n' :.unless new home construction or the addition to a home results in a total living area of 2,500 square feet or more j, in' which case an application for a Conditional Use Permit would be €.r required. Principal Planner Bermejo stated that the R-2 zone currently requires a minimum of 20 feet between strudufes:used`for dwelling purposes, and that she does not recommend reducing the standard to 12 square feet. She indicated that the distance between the structures provides outdoor living area for'the front residence, and creates a breakup in building area which reduces the impact to surrounding residences Commissioner Eng questioned staff about set-back requirements, and asked if property owners of lots smaller than 6,000 square feet would still be able to make improvements as long as they follow the municipal code requirements. Principal Planner Bermejo explained the set-back requirements and stated that property owners of 6,000 square-foot lots could continue to make improvements to their properties. 2 Chairwoman Herrera questioned staff if this amendment proposes to change the code back to the prior way, before the last update. Principal Planner Bermejo stated that is correct. She said that it would revert back to the prior code, and the only standard added, would be the distance between the two structures, as such standard was never in the municipal code. Commissioner Eng questioned staff if the distance of 6 feet between structures was a prior development standard. Principal Planner Bermejo stated that it was a standard only accessory structures and a dwelling unit. Steven Ly stated that he feels that this amendment to the it gives property rights back to the property owner. He st the Municipal Code Amendment. Brian Lewin stated that he is a resident, and that tie is in'f He also stated that he would like the Planning Staff to be that proposed homes maintain the same character of the design. Vice-Chairman Alarcon made a motion, 'sec MUNICIPAL CODE AMENDMENT 09-01 an( recommending that the City.'Council ADOPT 0~( with respect to regulation's governing density ar Family Residential)szoni Conditional Use Residential) and R-2 (Light Multiple,-Residential) ; Vote resulted'in:'= Yes: Alarcon, Eng, Herrera,'Hunter, and Ruiz No;None distance between d codej§" very important and that as a resident,. he is in support of is Municipal Coae'Amendment, reviewing new development so hood, with respect to size and by., Commissioner Ruiz, to APPROVE 'T,Absolution No. 09-13, a resolution No. 876, modifying the Zoning Ordinance ce between buildings in the R-1 (Single- requirements in the R-1 (Single-Family B. DESIGN REVIEW`09=03 - Tuong Duc Ta has submitted a Design Review application for a new master sigeprogram, which includes the renovation of an existing pole sign for Valley Gateway Shopping Center, located at 8801.8845 Valley Boulevard in the CBD-D (Central Business District with a Design Overlay) zone. PC RESOLUTION 09-12 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 09-02 FOR A NEW MASTER SIGN PROGRAM, WHICH INCLUDES THE RENOVATION OF AN EXISTING POLE SIGN FOR VALLEY GATEWAY SHOPPING CENTER, LOCATED AT 8801.8845 VALLEY BOULEVARD IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE (APNS: 5391.009- 3 001 & 003). Recommendation - Staff recommends that the Planning Commission APPROVE Design Review 09.02 for a period of one (1) year and adopt Resolution 09.12, subject to conditions outlined in Exhibit "B". Assistant Planner Trinh read her staff report. Commissioner Eng questioned staff if the City has a current height limit on commercial freestanding signs. Assistant Planner Trinh stated that the current height limit is 35 feet She further stated that the f"" , sign is existing, has a permit, and that the applicant is only proposing renovation. Lavender Fung from Signs Express stated that she is avail&d~to answer,gny questions for the owner. Ms. Fung expressed concern over Condition No "27 regarding the requirement to have the bird stoppers removed. She stated that the applicant would like;to keep the bird"stoppers, as they reduce the impacts of pigeon droppings. Principal Planner Bermejo stated that staff would like to see'the'applicant use something other than the nails or spikes, which is visible from fhepublic right-of-way:. ;She suggested using alternative product that has a reduced visual impact, ahd'statedrthat staff would work'with applicant. Lavender Fung stated that she would agree witNthe reo Commissioner Ruiz made a motion; seconded by,`Vice REVIEW 09-03 fora-period of one-,(1) year and'`adoi outlined in Exhibit "B" j`am' Vote resulted in F , "Yes: Alarcon, Eng, Herrera, Hunter, and Ruiz AI::.,AI--- - iairman Alarcon, to APPROVE DESIGN Resolution 09-12, subject to conditions C. CONDITIONAL USE'"PERMIT - 09-02 - Jian Q. Guan, on behalf of Sunday@Rosmead Restaurant, 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 8801 Valley Boulevard in the CBD-D (Central Business District with a Design Overlay) zone. PC RESOLUTION 09-11 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 09.11 FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR SUNDAY@ROSEMEAD RESTAURANT LOCATED AT 8801 VALLEY BOULEVARD, IN THE CBD-D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE. Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 09.02 for a period of six (6) months and ADOPT Resolution 09.11 subject to conditions outlined in Exhibit "B". Associate Planner Agaba read his staff report and stated applicant is here to answer any questions. Vice-Chairman Alarcon stated that there is already a security guard at questioned staff if there will now be two security guards. Associate Planner Agaba replied that the second security guard. Rosemead Restaurant. Commissioner Ruiz questioned staff about hours of operation. Principal Planner Bermejo stated that Condition of ApproVa1.10 current hours of operation. Commissioner Hunter questioned staff if the,other restaurant in beer. s. Associate Planner Agaba Commissioner Hunter wine near a school an Principal public he Commissioner Eng question was correct 'and questioned center. Principal Planner area. no. for daytime, and the Sunday @ be amended to `state the center served wine and ;d=staff if there is aliquor store or a restaurant that serves beer and is acode that requir~es,that a distance be maintained from a school, distance required. She also stated that festaurant's current hours of operation until 2:00 a.m., operation of the other two restaurants in shopping a survey of hours of operation of surrounding businesses in the Commissioner Eng questioned if applicant was agreeable to proposed hours of operation to 2:00 a. m. Associate Planner Agaba stated the applicant was agreeable with what is proposed. Principal Planner Bermejo stated that she recommends that Condition of Approval number 10 be clarified and amended to the actual business hours. Commissioner Eng stated that the applicant is an established restaurant that started in Monterey Park and welcomed him to the City of Rosemead. Commissioner Eng questioned staff on how long the ABC license is valid once it is issued. Associate Planner Agaba stated that once the ABC license is issued, it is valid as long as business exists. Commissioner Eng questioned staff if alcohol will be served daily and during all business hours. Principal Planner Bermejo stated that the Commission should direct that,question to applicant. Commissioner Eng questioned staff about Condition of Approval entertainment. Principal Planner Bermejo stated that if live entertain applicant would be required to submit an application, Commissioner Eng questioned staff about Conditi61 prohibiting the consumption of alcohol beverages in to be in other languages other than English. 11 Principal Planner Bermejo stated that at Commissioner Eng questioned staff about Cohditic restaurants with ABC licenses,havesecurity guard, Principal Planner Bermejo"stated that'staff would h question. She stated thatlhe requirement, has bei especially when the,businesslis;near a'school orrE Eng regarding live )posed,in the future, the City Couricil`approval. X12, regarding posting of signs he asked if the"signs needed been ~egaired in English. 30. and asked if the other two look at those case files to answer the ed in the approval of other applications, tial area, licensing requirements. Principal Plariner Bermejo explained that the number of ABC licenses in a census tract is based on population. She!stated that ABC will also have a separate process that the applicant will be required to follow before the license is issued. Commissioner Eng questioned staff how often regular inspections are done by staff, and asked if a condition of approval should be added to regulate staffs inspections. Principal Planner Bermejo stated that the Planning Commission could include such a condition if there was concern. She further added that although there is not a specific schedule for inspections, Code Enforcement circulates through the City on a daily basis. Commissioner Eng stated that she would like a condition of approval for regular inspections. Vice-Chairman Alarcon stated that he does not feel that such a condition should be required. Gary Tane, applicant, stated that the restaurant is open until 11:00 p.m. on weeknights, and that the sale of wine and beer is intended to compliment dinner. He also stated that they already have a 24 hour security camera and extra lights in the front and the back of the restaurant. Mr. Tane stated that he would like to request that the Commission reduce the security guard requirement. Commissioner Ruiz stated that he would like Condition of Approval No. 10 amended to reduce the hours of operation on Friday and Saturday to 7:00 a.m. to 1:00 p.m. Commissioner Eng would also like to amend hours of operation, and requested that they be Sunday through Thursday 7:00 a.m. to 11:00 p.m., and 7:00 a.m. to 1:00 p.m., on Friday and Saturday. She also stated that Condition of Approval No. 30 should be-revised to only require a security guard between the hours of 5:00 p.m. until closing. These'ko'urs were confirmed with the applicant. M1 Gary Tane, applicant, stated that the amended hours for a;se'cunty guard would.be feasible. 1- Commissioner Eng questioned staff if a condition should be added for regular inspections. iA- Principal Planner Bermejo stated that she did not feel it was necessary. City Attorney Richman stated that a motion_focapproval would include the corrections to Conditions of Approval numbers 10 and 30. \t Vice-Chairman Alarcon made a motion, seconded "bye;; Commissioner Eng, to APPROVE CONDITIONAL USE PERMIT"";09-02 with correctio is to Conditions of Approval numbers 10 and 30 for a period of six (6) months and ADOPT Resolution 09-11 subject to conditions outlined in Exhibit Vote resulted,in.-,,; Yes Alarcon, Eng, Herrera,Hunter, and Ruiz No:,None Abstain: None Abseni None 5. MATTERS FROMTHE'CHAIRWOMAN & COMMISSIONERS Vice-Chairwoman Herrera questioned staff about a business operating on the northwest corner of Walnut Grove and Valley Boulevard. She stated that she has seen several cars, as well as people coming in and out. Principal Planner Bermejo stated that she will check on the status of that location and get back to her. 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF 7 Principal Planner Bermejo stated that business cards have been ordered and badges are forthcoming. Principal Planner stated that City Council will be drawing straws for the Planning Commissioner terms at the next City Council Meeting. She also explained they are doing this so that Planning Commissioner terms will not end at the same time, and that two will have terms of one year and three Commissioners will have terms of two years. 7. ADJOURNMENT The next regular meeting is scheduled for Monday, July 6, 2009, at 7:00p:m:.,. ` Meeting was adjourned at 8:07 p.m. Diana Herrera ATTEST: Rachel Lockwood Planning Secretary l '~•,.,,.4 Vll all YYVI 11011\11 z t- rd~ , 8