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PC - Minutes 09-21-09Minutes of the PLANNING COMMISSION MEETING September 21, 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 - Vice-Chairman Alarcon INVOCATION - Commissioner Ruiz 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, and 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 - August 3, 2009 Vice-Chairman Alarcon made a motion, seconded by Commissioner Hunter, to APPROVE Minutes of August 3, 2009 as presented. Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None Approval of Minutes May 18, 2009 Commissioner Eng requested corrections be made on pages 2 and 5. She also questioned staff if the noise issues regarding Wal-Mart have been resolved and if a list of unresolved issues exists. Commissioner Ruiz made a motion, seconded by Chairwoman Herrera to APPROVE the Minutes of May 18, 2009 with corrections to pages 2 and 5. Vote resulted in: Yes: Eng, Herrera, Ruiz No: None Abstain: Alarcon, Hunter Absent: None 4. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 05.1015 (MODIFICATION) - Sprint Nextel has submitted an application to modify Conditional Use Permit 05.1015, requesting to upgrade the existing Sprint Nextel monopalm by adding three (3) microwave dishes located at 7421 Garvey Avenue in the C-3 (Medium Commercial) Zone. PC RESOLUTION 09.18 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 05.1015 (MODIFICATION), TO UPGRADE THE EXISTING SPRINT NEXTEL MONOPALM BY ADDING THREE (3) MICROWAVE DISHES, LOCATED AT 7421 GARVEY AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5286.020.026). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 05.1015 (Modification) for a period of six (6) months and adopt Resolution 09.18, subject to conditions outlined in Exhibit "B". Assistant Planner Trinh presented the staff report and gave a power point presentation. Commissioner Eng questioned staff if there is a maximum height for the towers. Principal Planner Bermejo stated that staff makes sure that facilities are at least 33 feet tall so that they are categorically exempt according to the Federal Communication Commission's guidelines. She also stated that staff does an aesthetic review to make sure that the tower fits in with the surrounding area. Commissioner Eng questioned staff on how we identify modifications of conditional use permits. She also questioned how modifications are identified or distinguished and kept tract of. Principal Planner Bermejo stated that the original Conditional Use Permit is the first application and if there is any change to that approval it is followed by a Modification. She also stated that Modification applications are numbered. Chairwoman Herrera opened the Public Hearing and invited applicant to podium. Margaret Chang, representative for Sprint Nextel thanked staff for working so diligently on this and on previous applications. She also stated that she would be able to answer any questions. Chairwoman Herrera invited anyone wishing to speak in favor of this project to the podium. Margaret Chang, representative of Sprint Nextel, stated that she wanted to clarify Conditions of Approval numbers 6 and 12 for public record. She read condition number 6 and explained that sometimes the antennas need to be reconfigured by tilting the antenna for optimal coverage or that sometimes the antennas need to be replaced with same model if they stop functioning. Principal Planner Bermejo clarified that condition number 5 allows the Planning Division to approve minor modifications that are in substantial compliance with the original approval, and that condition of approval number 6 requires Planning Commission approval on substantial changes. Margaret Chang stated that condition number 12, regarding the installation of additional palm fronds may have some structural engineering issues depending on the number the City requests. She also stated that each one weighs about 30 pounds and that the structure is made to hold only a certain number. She indicated that a collar could be added to hold additional palm fronds, but this would have to be customized. She asked if condition of approval number 12 could be revised to be a little more flexible. City Attorney Murphy stated that the wording of the condition could be modified as follows, "Additional palm fronds shall be added to the monopalm to screen the microwave dishes to the reasonable satisfaction of the Planning Division taking into account structural considerations". Chairwoman Herrera closed the Public Hearing seeing as there was no one in favor or against the item. Commissioner Ruiz questioned Ms. Chang if she could provide load counts, since there are structural limitations. He also questioned how many palm fronds the collar can hold. Margaret Chang stated that she would be able to provide this information on a later date. Commissioner Eng questioned if there was a condition that would protect and not hold the City liable in the event a palm frond became dislodged. She also questioned if the applicant was required to have insurance, so as not to hold the city liable. Principal Planner Bermejo stated that there was not a current condition of approval at this time and did not think there was one in the past. Margaret Chang questioned if condition number 7 would suffice. City Attorney Murphy stated that condition 7 would not cover that issue and explained why. He also stated that since this monopalm is on private property, he did not see any risk that the City would be held liable. Commissioner Eng stated she has concerns with palm fronds dislodging and causing damage but feels if the City Attorney Murphy is satisfied that the City will not be held liable, then she is also satisfied. Vice-Chairman Alarcon made a motion, seconded by Commissioner Eng, to APPROVE Conditional Use Permit 05-1015 (Modification) for a period of six (6) months and adopt Resolution 09.18, subject to conditions outlined in Exhibit "B". Vote resulted in: Yes: Alarcon, Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: None CONDITIONAL USE PERMIT 09.05 - Poly Design Group Inc., on behalf of the property owners Tony Hung and Sally Luu, has submitted a Conditional Use Permit application proposing to construct a mini-mall development located at 8841 Garvey Avenue in the M-1 (Light Manufacturing) zone. The applicant is proposing to construct a 2,068 square-foot addition to an existing 1,828 square foot auto repair garage. This development will result in a three-unit commercial development. The proposed development will also include re-surfacing and re-striping of the parking lot, as well as installing new landscaping in an effort to revitalize the site. PC RESOLUTION 09.19 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 09.05, CONSISTING OF A 2,068 SQUARE- FOOT ADDITION TO AN EXISTING 1,828 SQUARE-FOOT BUILDING LOCATED AT 9011 GARVEY AVENUE IN THE M-1 (LIGHT MANUFACTURING AND INDUSTRIAL) ZONE (APN: 8595.011-009). Recommendation - Staff recommends that the Planning Commission APPROVE Conditional Use Permit 09-05 and ADOPT Resolution 09.19 for a period of six (6) months subject to conditions of approval outlined in Exhibit "B." Vice-Chairman Alarcon questioned staff if we still mailed out Public Hearing Notices within the 300 foot radius. Principal Planner Bermejo stated yes they did and proceeded to present the staff report with a power point presentation. She also had a correction to staff report and stated that she would like to add a condition of approval to be added requiring the applicant to remove or fill the existing clarifier on site. Vice-Chairman Alarcon questioned staff if the trees on Rosemead Place would be removed. Principal Planner Bermejo stated yes they will be removed to widen sidewalk but they will be able to be replaced with a new street tree. Vice-Chairman Alarcon questioned staff if the payphone on the corner would also be removed. Principal Planner Bermejo stated we do not have a condition of approval to remove the phone, and indicated that the area where the phone is located would be dedicated to the City and that the removal of the phone would be at the discretion of the City Engineer. She also stated a condition of approval could be added tonight to have it removed. Vice-Chairman Alarcon questioned staff about the existing block walls onsite in relation to the proposed east elevation of the building. Principal Planner Bermejo stated that the applicant will treat that east elevation with a stucco finish, cornice trim, and reveals. Commissioner Ruiz questioned staff if the 6 ft. tall block wall was going to be a tan color and not grey. He also stated that he does not recommend grey. Principal Planner Bermejo stated that applicant was requesting grey color but staff has added a condition of approval which requires a tan color block material. Chairwoman Herrera questioned staff on parking stall requirements and questioned if the parking stall count varied for different types of business such as retail uses and restaurants. Principal Planner Bermejo stated the requirements do vary and explained the municipal code parking requirements for retail and restaurant uses. Chairwoman Herrera questioned staff if there were any other environmental issues due to the fact it was an auto facility. Principal Planner Bermejo stated that there is an existing underground clarifier. She indicated that staff discussed the matter with the L. A. County Public Works Sanitation Division and the City's Building Official. She stated that staff recommends adding a condition of approval to requiring it to be removed or filled to the satisfaction of the L.A. County Public Works Sanitation. Commissioner Hunter stated that the lot size is 124 feet wide by 110 deep and stated that she was concerned that the lot was not large enough to have three retail businesses, one restaurant, and 22 parking spaces. Principal Planner Bermejo reviewed the site plan with the Commissioners, and stated that the applicant is satisfying the parking requirements. She also stated that the applicant is proposing 4 compact parking stalls. Commissioner Hunter questioned staff if they knew what type of restaurant was going in. She expressed concern of potential odor impacts from restaurants affecting the residential area. Principal Planner Bermejo stated this would be a question that should be addressed to the applicant. Commissioner Eng would like to thank applicant for making the investment and time to beautify the City of Rosemead. She also questioned staff on the durability of a foam trim. Principal Planner Bermejo stated that the foam trim would be coated with a stucco finish. She also stated that the proposed material is not anticipated to rot and will require the same amount of maintenance as paint. She also stated that foam is a light weight material and would be less of a safety hazard if it were to fall from the building during an earthquake. Commissioner Eng questioned staff if there are any other materials such as a lightweight plastic or aluminum that would be more durable so it does not deteriorate, fade or fall apart. She also stated that she had seen the foam on a new development and when she touched the foam it had fallen apart. She also stated maybe the architect could use something more durable if feasible. Commissioner Ruiz questioned staff if a sign could be posted in front of the compact stalls, in addition to pavement markings, to deter larger vehicles from parking in them. Principal Planner Bermejo stated that signage could be posted on the wall and suggested that four signs may be too many and create a visual impact. Commissioner Ruiz stated that painting on pavement alone does not work and signs should also be posted. He also stated that one sign in the middle would work. Commissioner Hunter questioned staff on how handicap parking is posted. Commissioner Ruiz stated that the handicap is a vehicle code and by law it has to be painted on pavement and have a sign posted in each handicap stall. Commissioner Hunter questioned staff how many handicap stalls are proposed. Commissioners Eng and Ruiz stated there are two handicap stalls. Commissioner Ruiz stated that perhaps the applicant could look into posting signs for handicap parking. Commissioner Eng questioned staff on what type of signage the applicant will be using for this project. Chairwoman Herrera stated that the question should be addressed to applicant. Commissioner Ruiz questioned staff how signage is processed and if it is brought to the Planning Division for approval. Principal Planner Bermejo stated that signage is a condition of approval and that it would be processed administratively in the Planning Division. Principal Planner Bermejo stated that the municipal code has sign requirements and restrictions the applicant would have to follow. She indicated that the Planning Commission generally only reviews sign plans on properties that are located with the Design Overlay zone. Commissioner Ruiz questioned staff if the Planning Division ensures the signs have text to clearly identify the type of business proposed, as well as ensure limits for certain graphics. Principal Planner Bermejo stated that the Rosemead Municipal Code states that signage has to identify the types of uses. She also stated that when staff reviews it we need to make sure it states if it is a market or restaurant. Commissioner Ruiz stated that when he drives up and down Valley Boulevard and looks at the signs he does not know what type of business it is and questioned staff how signage was approved in the past. He also stated that he would like for in the future to be able to read the signs on businesses. Commissioner Eng stated that in the introduction of the resolution she would like to clarify that the use for the property will be a mini-mall and that it will not be auto repair facility. Principal Planner Bermejo stated that staff is recommending that the wording of Auto Repair Building in the introduction of the Resolution be eliminated and replaced with 1,828 square foot building. Commissioner Hunter questioned staff on which existing buildings will be staying due to the lot being so small. Principal Planner Bermejo stated that there is a smaller building on the northwest corner of the lot which will be removed. She also stated once project is completed it will look like one brand new building, divided into three separate tenant spaces. Chairwoman Herrera opened the Public Hearing and invited applicant up to speak None Chairwoman Herrera stated anyone in favor of project. None Chairwoman Herrera stated is there anyone against this project. None Vice-Chairman Alarcon questioned if applicant was in the audience. Sally Luu, applicant, and Larry Kuu, project manager, stated they are present and are able to answer any questions. Commissioner Ruiz thanked Sally Lu applicant, and Larry Ku project manager, for improving this particular area and complimented the project. He also stated he hoped that the project manager would be able to address items that were discussed especially the wall. 7 Commissioner Eng also thanked the applicant for investing in the City of Rosemead. She also expressed her signage concerns to applicant and project manager. Larry Ku, project manager stated they do not have tenants yet and they are not sure what type of signage will be used, but will work with staff to comply with the cities guidelines. Vice-Chairman Alarcon stated that he hopes there will not be a graffiti problem on the wall where the ivy needs to grow, but until then we have a good program to remove graffiti and he wishes the applicant good luck. Commissioner Eng stated that kids will find a way to graffiti on anything and also wished the applicant good luck. Principal Planner Bermejo and Commissioner Eng stated the conditions of approval should be clarified. Principal Planner Bermejo stated that staff recommended adding a condition of approval to remove or fill the underground clarifier prior to the issuance of building permits. She also stated a condition of approval should be added to install one sign in front of the small parking (compact) stalls. Commissioner Eng questioned Principal Planner Bermejo if the Conditional Use Permit should be approved for six months will the applicant be able to apply for an extension if they need one or will they have to go to Planning Commission again. Principal Planner Bermejo stated that the approval is for six months and what the applicant will have to do is commence the project, by definition that means submitting to both planning and building. She also stated any time there is a lapse of activity for a period of six months they would have the option to come in and apply for an extension from the Planning Commission. Commissioner Eng stated that the reason she is asking is because they now have to resolve the issue of the clarifier, we do not know how long that will take and if the applicant will have enough time to comply with that condition of approval. City Attorney Murphy stated that the municipal code requires that Conditional Use Permits only be approved for 6 months. He also stated that as long as we know that the project is moving forward we will not step in and stop anything with the understanding that it is the process of the Los Angeles County Department of Public Works, Sanitation/Environmental Programs Division that is delaying the project and not the applicant. Commissioner Eng questioned Commissioner Ruiz if he would be satisfied with the wording on the ground rather than the wall for signage of compact cars. Commissioner Ruiz stated that we can put it on a post right in the middle and does not necessarily need to be on the wall. He also questioned staff if it could be done. Principal Planner Bermejo stated that yes it can be done. She also stated two conditions will be added, the change to the resolution and approving it for 6 months, and the color of the wall be tan will be the changes made. Chairwoman Herrera stated we have no one opposing and asked for a motion. Commissioner Eng made a motion, seconded by Commissioner Ruiz, to APPROVE Conditional Use Permit 09-05 and ADOPT Resolution 09.19 for a period of six (6) months subject to conditions of approval 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 Vice-Chairman Alarcon stated there is a business at 8538 Garvey Avenue, Unit A, that has windows covered with signage and requested that staff look into it. Principal Planner Bermejo stated she would have staff look into it. Commissioner Hunter stated that the Universal Bank across the street across from the Post Office has a trash receptacle that is not covered and trash is everywhere. She also stated she would like staff to look into it. Principal Planner Bermejo stated that staff is currently working with that property owner with the conclusion of that project. She also stated that the applicant has submitted new plans with two new trash enclosures. Commissioner Ruiz stated that Jiffy Lube located on the corner of Temple City Boulevard and Valley Boulevard, still has a banner mounted on the roof. He also stated the banners have been there too long and questioned staff why Code Enforcement has not taken care of this issue at this location and other locations along Valley. Principal Planner will contact Code Enforcement Division and pass on the information on Jiffy Lube and other commercial sites. Commissioner Eng stated that Code Enforcement works really hard and suggested that a workshop on ordinances on signage would benefit Code Enforcement Officers. Principal Planner Bermejo stated that she will relay the information to the Code Enforcement staff. Commissioner Eng stated that staff was complimented with being very helpful during a change of ownership for a car wash on Valley Boulevard and that she had spoke with one of the owners. She also stated that the owner complimented the Planning Division staff for being so helpful. 6. MATTERS FROM THE PRINCIPAL PLANNER & STAFF A. Principal Planner Bermejo would like to discuss right-turn only sign at 8930-8932 Mission Drive. Principal Planner Bermejo stated that staff discussed circulation issues at 8930-8932 Mission Drive with our traffic consultant and verified that the applicant has satisfied the conditions of approval. Commissioner Ruiz stated to staff that in the future there may be a problem and expressed his concerns on why it should be a right turn only. 7. ADJOURNMENT The next regular meeting is scheduled for Monday, October 5, 2009, at 7:00 p.m. Meeting adjourned at 8:12 p.m. Tana Herrera Chairwoman ATTEST: leW~ W d.aedZ~, Rachel Lockwood Commission Secretary 10