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PC - 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, Hunter, Ruiz, Vice - Chairman Alarcon, and Chairwoman Herrera OFFICIALS PRESENT: City Attorney Richman, Principal Planner Bermejo, Associate Planner Agaba, Assistant Planner Trinh, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes - May 18, 2009 and June 1, 2009 City Attorney Richman stated that she would like to request that the Commission amend the Consent Calendar by eliminating the review of the Planning Commission Minutes of May 18, 2009. She stated that since the current Planning Commissioners were not present during the May 18, 2009 meeting, she needed to verify the process for approving those minutes. Commissioner Eng made a motion, seconded by Commissioner Ruiz to approve the minutes of June 1, 2009. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, and Ruiz No: None Abstain: None Absent: None 4. PUBLIC HEARINGS 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 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 RESIDENTIAL) ZONES. Recommendation - Staff recommends that the Planning Commission ADOPT Resolution No. 09.13, a resolution recommending that the City Council ADOPT Ordinance No. 876, modifying the Zoning Ordinance with respect to regulations governing density and distance between buildings in the R -1 (Single - Family Residential) zone and Conditional Use Permit requirements in the R -1 (Single - Family Residential) and R -2 (Light Multiple Residential) zones. Commissioner Eng stated that this is an Ordinance Amendment and questioned staff if we had given the public enough time for public input and if this will affect the R -2 zone. She also questioned staff how the standard for distance structures was determined, what the code requires for front and rear yard setbacks, and questioned the impacts of reducing the distance between structures from 20 feet to 12 feet. Principal Planner Bermejo stated that the Municipal Code requires that the public hearing notice be published in a newspaper of general circulation 10 days prior to the public hearing. She further stated that the notice for MCA 09 -01 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 Zone, unless new home construction or the addition to a home results in a total living area of 2,500 square feet or more, in which case an application for a Conditional Use Permit would be required. Principal Planner Bermejo stated that the R -2 zone currently requires a minimum of 20 feet between structures 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. F1 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 intended for the distance between accessory structures and a dwelling unit. Steven Ly stated that he feels that this amendment to the municipal code is very important and that it gives property rights back to the property owner. He stated that as a resident, he is in support of the Municipal Code Amendment. Brian Lewin stated that he is a resident, and that he is in favor of this Municipal Code Amendment. He also stated that he would like the Planning Staff to be strict in reviewing new development so that proposed homes maintain the same character of the neighborhood, with respect to size and design. Vice - Chairman Alarcon made a motion, seconded by Commissioner Ruiz, to APPROVE MUNICIPAL CODE AMENDMENT 09 -01 and ADOPT Resolution No. 09 -13, a resolution recommending that the City Council ADOPT Ordinance No. 876, modifying the Zoning Ordinance with respect to regulations governing density and distance between buildings in the R -1 (Single - Family Residential) zone and Conditional Use Permit requirements in the R -1 (Single - Family Residential) and R -2 (Light Multiple Residential) zones. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, and Ruiz No: None Abstain: None Absent: None B. DESIGN REVIEW 09 -03 - Tuong Duc Ta has submitted a Design Review application 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. 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 sign is existing, has a permit, and that the applicant is only proposing renovation. Lavender Fung from Signs Express stated that she is available to answer any 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 the public right -of -way. She suggested using alternative product that has a reduced visual impact, and stated that staff would work with applicant. Lavender Fung stated that she would agree with the recommendation. Commissioner Ruiz made a motion, seconded by Vice - Chairman Alarcon, to APPROVE DESIGN REVIEW 09 -03 for a period of one (1) year and adopt Resolution 09 -12, subject to conditions outlined in Exhibit "B ". Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, and Ruiz No: None Abstain: None Absent: None 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 this location for daytime, and questioned staff if there will now be two security guards. Associate Planner Agaba replied that the second security guard will only secure the Sunday @ Rosemead Restaurant. Commissioner Ruiz questioned staff about hours of operation. Principal Planner Bermejo stated that Condition of Approval 10 should be amended to state the current hours of operation. Commissioner Hunter questioned staff if the other restaurant in shopping center served wine and beer. Associate Planner Agaba stated there are two restaurants in shopping center one does sell wine and beer and the other doesn't. Commissioner Hunter questioned staff if there is a liquor store or a restaurant that serves beer and wine near a school and if there is a code that requires that a distance be maintained from a school. Principal Planner Bermejo stated that there is no specific distance required. She also stated that public hearing notices are sent out for public comments. Commissioner Eng questioned staff if the restaurant's current hours of operation until 2:00 a.m., was correct, and questioned the hours of operation of the other two restaurants in shopping center. Principal Planner Bermejo read a survey of hours of operation of surrounding businesses in the area. 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 No. 9, regarding live entertainment. Principal Planner Bermejo stated that if live entertainment is ever proposed in the future, the applicant would be required to submit an application, which requires City Council approval. Commissioner Eng questioned staff about Condition of Approval No. 12, regarding posting of signs prohibiting the consumption of alcohol beverages in public places. She asked if the signs needed to be in other languages other than English. Principal Planner Bermejo stated that at this time it has only been required in English. Commissioner Eng questioned staff about Condition of Approval No. 30, and asked if the other two restaurants with ABC licenses have security guards. Principal Planner Bermejo stated that staff would have to look at those case files to answer the question. She stated that the requirement has been used in the approval of other applications, especially when the business is near a school or residential area. Commissioner Eng questioned staff about ABC licensing requirements. Principal Planner 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 staff's 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 0 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 adjust security guard schedule as based on amount of wine and beer sales, the addition of a security guard would not be economically feasible. 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 hours were confirmed with the applicant. Gary Tane, applicant, stated that the amended hours for a security guard would be feasible. Commissioner Eng questioned staff if a condition should be added for regular inspections. Principal Planner Bermejo stated that she did not feel it was necessary. City Attorney Richman stated that a motion for approval would include the corrections to Conditions of Approval numbers 10 and 30. Vice - Chairman Alarcon made a motion, seconded by Commissioner Eng, to APPROVE CONDITIONAL USE PERMIT 09 -02 with corrections 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 B„ Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, and Ruiz No: None Abstain: None Absent: None 5. MATTERS FROM THE 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. 7 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 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 7:00 p.m. Meeting was adjourned at 8:07 p.m. A errera Chairwoman ATT T: Q e7-X� Rachel Lockwood Planning 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 Planning Commission minutes of June 15, 2009 was duly and regularly approved by the Rosemead Planning Commission on the 6"' of July 2009, by the following vote to wit: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None Ae&-A K4L-t' Gloria Molleda City Clerk