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PC Item No. 4A - Minutes of August 3, 2009Minutes of the PLANNING COMMISSION MEETING August 3, 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 - Commissioner Ruiz INVOCATION - Commissioner Hunter ROLL CALL OF OFFICERS PRESENT: Commissioners Eng, Hunter, Ruiz, Vice-Chairman Alarcon, Chairwoman Herrera OFFICIALS PRESENT: City Attorney Greg Murphy, Principal Planner Bermejo, Assistant Planner Trinh, Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes - July 6, 2009 Commissioner Eng made a motion, seconded by Vice-Chairman Alarcon, to APPROVE the minutes of July 6, 2009. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None 4. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 09-06 - Andalina Lam has submitted a Conditional Use Permit application to operate a Kumon math and reading education center located at 8932 Mission Drive, Unit B-103, in the C-3 (Medium Commercial) zone. PC RESOLUTION 09.16 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 09.06 FOR THE OPERATION OF A KUMON EDUCATION CENTER LOCATED AT 8932 MISSION DRIVE , UNIT B-103, IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5391-011-054). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 09.06 for a period of six (6) months and adopt Resolution 09- 16, subject to conditions outlined in Exhibit "B". Principal Planner Bermejo presented the staff report. Commissioner Eng questioned staff why a tutoring service this small needs to go through the expense and Conditional Use Permit process. She also stated that she understands that there is a code for educational institutions but would like to know the reasoning why this applicant needed to go through the Conditional Use Permit process. Principal Planner stated that it is a municipal code requirement and a standard policy for any educational facility, as there are potential traffic and circulation impacts associated with child drop- off and pick-up. Commissioner Eng asked staff what uses require a Conditional Use Permit. She also asked staff what the application fee was for a Conditional Use Permit. Principal Planner Bermejo stated that Chapter 17.112 of the Rosemead Municipal Code sets forth a list of uses. Principal Planner Bermejo also stated that the fee for a Conditional Use Permit is $825.00. She also explained that the business was required to obtain a Certificate of Occupancy Permit and a business license. Commissioner Eng asked staff how long the Conditional Use Permit process takes. Principal Planner Bermejo stated this particular application has taken about one month. She also stated our standard Conditional Use Permit process usually takes about three months. Commissioner Eng stated that she would like that it not be so costly for small businesses to be able to operate in the City of Rosemead. Principal Planner Bermejo stated the codes and fees have not been updated for many years and it is one of the staffs goals to update the codes and fees. Commissioner Hunter stated that when she went to the site she noticed that the right hand turn only driveway is blocked and pointed out that the site plans stated that driveways are not to be blocked, and she questioned staff if there was any reason for that. Principal Planner Bermejo stated that a representative of the property owner was contacted to let them know that they would have to clear the driveway. She also stated that a condition of approval was added to require the driveways to remain open at all times. Commissioner Ruiz confirmed that Commissioner Hunter was referring to the east driveway and questioned if the arrows pointing to the right were for an exit only driveway. He also stated that he noticed problems with the west driveway. He said that it is difficult to make turns and that he would like to suggest that it be made right turn only to prevent traffic congestion problems in the future. Principal Planner Bermejo stated that the Certificate of Occupancy was issued in 2008 and that a traffic analysis was completed prior to the building's approval. She also stated in April of 2009 a second study was completed for a request to allow commercial retail uses in all ground floor units. She also stated that additional traffic striping and further traffic studies are not needed. Commissioner Ruiz stated that he did not want street striping but on the west side he would like a no left or right turn only sign. He stated he would like the property management to put a sign there and maybe discuss it with our traffic consultant. He also stated that it would not have to be made a condition of approval for the Conditional Use Permit, but he would be like to discuss it later with Principal Planner Bermejo. Principal Planner Bermejo stated that she will look into the request. Vice-Chairman Alarcon asked staff what the occupancy load is for the facility. Principal Planner stated that the building official issues the occupancy load, but believes it may be 61. Commissioner Hunter questioned staff about the total residential unit occupancy in the building.. Principal Planner Bermejo stated that there are sixteen residential units, and that she does not know if all the units are occupied. Commissioner Eng questioned the applicant if there will be any instances where there will be more than 6 students at a time. Chairwoman Herrera invited the applicant to podium. Andalina Lam, applicant, stated the center will allow no students in instructional area in the morning and there will be no more than 6 students at a time. Chairwoman Herrera questioned if there was anyone in favor of this project. None Chairwoman Herrera questioned if there was anyone against this project. None Chairwoman Herrera closed the public speaking period Commissioner Ruiz made a motion, and seconded by Commissioner Hunter, to APPROVE Conditional Use Permit 09.06 for a period of six (6) months and adopt Resolution 09.16, subject to conditions outlined in Exhibit "B". Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None B. CONDITIONAL USE PERMIT 02.881 (Modification) - Sprint Nextel has submitted an application to modify Conditional Use Permit 02-881, requesting to update the existing Sprint PCS monopalm by adding three (3) microwave dishes and an equipment cabinet, located at 7403 Hellman Avenue in the C-3 (Medium Commercial) zone. RESOLUTION 09-17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 02.881 (MODIFICATION) REQUESTING TO UPDATE THE EXISTING SPRINT Nextel PCS MONOPALM BY ADDING THREE (3) MICROWAVE DISHES AND AN EQUIPMENT CABINET, LOCATED AT 7403 HELLMAN AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5286-008-030). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 02-881 (Modification) for a period of six (6) months and adopt Resolution 09-17, subject to conditions outlined in Exhibit "B". Assistant Planner Trinh presented the staff report. Commissioner Hunter questioned staff if the building is a Dialysis Center. Assistant Planner Trinh stated yes and indicated that it is categorized as a medical office building. Commissioner Eng stated that this area is a prime target for graffiti and would like to know how graffiti will be mitigated. Assistant Planner Trinh stated that there is a standard condition of approval that requires the applicant to remove graffiti within 24 hours, and it is the applicant's responsibility to remove it. Commissioner Eng stated that she would like to ask the applicant what type of graffiti abatement programs and services the company provides. Chairwoman Herrera invited the applicant to podium. Margaret Chang, applicant, stated that graffiti has not been a problem in the past. She also stated they do not have programs to deter graffiti but they could use a special paint on the equipment 4 cabinet to prevent graffiti. She also stated that the microwave dishes are an enhancement of what is there now and that the purpose was to provide an exclusive broadband service. It will have a complete dedicated line so it will be much faster, and it will be exclusive only to Sprint. Chairwoman Herrera questioned if there was anyone in favor of this project. None Chairwoman Herrera questioned if there was anyone against this project. None Chairwoman Herrera closed the public speaking period. Vice-Chairman Alarcon made a motion, seconded by Commissioner Ruiz, to APPROVE Conditional Use Permit 02.881 (Modification) for a period of six (6) months and adopt Resolution 09-17, subject to conditions outlined in Exhibit "B". Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None 5. MATTERS FROM THE CHAIRWOMAN & COMMISSIONERS Commissioner Eng stated that she was contacted by a resident that had received several violation notices from code enforcement for property maintenance, but due to medical reasons the resident could not respond. She also stated that she was concerned with the harsh verbiage in the final notice and questioned staff if there was a possibility that the verbiage in such notices could be changed to sound less severe or threatening. Chairwoman Herrera and Vice-Chairman Alarcon stated that the notices prior to the final notice may have been more lenient and questioned staff if they knew what the verbiage is on the prior notices. Principal Planner Bermejo stated that the Planning Division does not issue those letters and those letters came from the code enforcement division. She also stated that she will look into the matter with code enforcement and pass on Commissioner Eng's comments. Commissioner Ruiz stated that he had two items he would like to discuss regarding the property at 8932 E. Mission Drive. He stated that he would like to see a right turn only sign installed at the west driveway. Principal Planner Bermejo stated that staff will review the original project conditions of approval and speak with our Traffic Consultant. Commissioner Ruiz stated that he is also concerned with the banner that has been placed on the free standing sign, as it has been there too long. Principal Planner stated that staff is aware of the banner, and has directed the matter to the Code Enforcement Division. Commissioner Hunter questioned staff if it would be difficult for residents to have to make right turns only at the west driveway. Principal Planner Bermejo replied she will look into the issues and if there are any traffic controls needed there. She also stated she will give an update at the next Planning Commission Meeting. Commissioner Ruiz stated that the striping is fine and that does not need to be looked into, Commissioner Hunter stated that coming out of the west driveway before you get to the stop sign, there is the word stop and she thought the word before the stop sign could be confusing. Principal Planner Bermejo stated that she will do a review of original plans to see why they did that. 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF None 7. ADJOURNMENT The next regular meeting is scheduled for Monday, August 17, 2009, at 7:00 p.m. Meeting was adjourned at 7:44 p.m. ATTEST: Diana Herrera Chairwoman Rachel Lockwood Commission Secretary