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PC - 08-04-08CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES August 4, 2008 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was called to order by Chairman Lopez at 7:00 p.m. in Room 8 at Rosemead Community Recreation Center at 3936 N. Muscatel Avenue, Rosemead. Commissioner Cam led the Pledge of Allegiance. Chairman Lopez delivered the invocation. ROLL CALL: PRESENT: Vice - Chairman Kunioka, and Chairman Lopez, Commissioner Vuu, Commissioner Cam ABSENT: None EX OFFICIO: Everling, Lockwood, Agaba, Bermejo, Trinh and Yin 1. PRESENTATION A. Oath of office — Ronald Gay B. City Planner Matt Everling stated on the second Public Hearing item there some minor changes to the Conditions of Approval and we can make copies available. They are Conditions 8 and Condition 31. 2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS: Attorney Yin explained the public hearing process and the right to appeal Planning Commission decisions to the City Council. 3. PUBLIC COMMENTS Chairman Lopez asked if anyone would like to speak on any items not on the agenda, to step forward. See None 4. CONSENT CALENDAR — These items are considered to be routine actions that may be considered in one motion by the Planning Commission. Any interested party may request an item from the consent calendar to be discussed separately. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 1 of 19 A. Approval of Minutes — July 7, 2008 Vice — Chairman Kunioka had corrections on pages 2, 4, 5, 7, 8, and 9. Attorney Yin had corrections on pages, 5 and 7. Chairman Lopez asked for a motion for approval of the other items on the Consent Calendar. MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER VUU, TO WAIVE FURTHER READING AND ADOPT CONSENT CALENDAR. Vote results: Approved with corrections to minutes. YES: CAM, GAY, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 5. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 08 -04 — 8837 VALLEY BLVD - Chau Minh Pham and Lien Pham have submitted an application requesting approval to obtain a new on -sale Type 41 ABC license serving beer and wine in conjunction with a bona -fide sit -down restaurant with a seating capacity for 150 people located at 8837 Valley Blvd in the CBD -D (Central Business District) Zone with a Design Overlay. (George Agaba, Associate Planner) PC RESOLUTION 08 -17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 08 -04, FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR THIEN AN B07 MON RESTAURANT LOCATED AT 8837 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 08 -04 and ADOPT Resolution 08 -17 subject to the conditions outlined in Exhibit "B ". This entitlement shall be contingent upon the privileges being utilized within six (6) months from the effective Planning Commission approval date. Presentation: George Agaba Associate Planner Agaba stated that applicant was present to answer questions. Chairman Lopez asked if there were any questions for staff. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 2 of 19 Vice - Chairman Kunioka questioned if there was sufficient parking. If there is a shortage of parking and if complaints were to come in would we be able to modify the conditional use permit and require that parking be added? Would that be in our scope of authority? Associate Planner Agaba replied yes he thinks so but other options should also be looked at and it is within the power of Planning Commission. Vice - Chairman Kunioka thanked Mr. Agaba. Chairman Lopez asked if there were any other questions for staff. Roland Rodriquez, 8267 Artson Street, a local realtor and resident questioned if there will be enough handicapped and 15 to 20 minute take -out parking. Associate Planner Agaba replied there are 9 existing handicapped parking spaces and stated he believes that the Building Division regulates the handicapped parking spaces. City Planner Everling stated the Building Division regulates and makes sure there are enough adequate handicapped parking spaces. As far as the 15 -20 minute take -out parking, that is usually between the tenant and landlord and they would have to submit something to the Planning Division based on number of parking spaces. Chairman Lopez asked if anyone else wished to speak in favor of this project. See None Chairman Lopez asked if anyone else wished to speak against this project. See None Chairman Lopez stated at this time we will open for Public Comments Vice - Chairman Kunioka stated there are some spelling errors. Condition 7 on page 19 the word review is missing the "w" and on page 20, Condition 15 the word emptying is missing the "y ". He also questioned why the wording of the conditions in this project were different from the next project we would be discussing and why they were not consistent and why they were not exactly the same for everybody. Have we changed from the past few years? City Planner Everling stated some of the differences. We now have standard conditions of approval, whereas others that have been approved in the past may have been worded differently. Vice - Chairman Kunioka stated he had 2 items he would like to discuss. Condition 11, page 19 referring to signs and that the wording was not the same as the next project and questioned the difference. Rosemead Planning Commission Meeting.: Monday, August 4, 2008 Page 3 of 19 City Planner Everling stated that Condition 11 talked about alcohol beverage advertisement. It allows for alcohol beverage advertisement. The other prohibits it. City Planner Everling questioned Associate Planner George Agaba if this an ordinance or does ABC prohibit that? Associate Planner Agaba stated it was an ordinance and most of the wording came from the ordinance. Vice - Chairman Kunioka stated the percentage stays the same but the other stated that you couldn't have any alcoholic beverage signs. City Planner Everling stated the code only talks about the 15 % coverage. Vice - Chairman Kunioka stated he was curious why this one did not have a Letter Rating and the next project did. City Planner Everling stated we now have standard conditions that we put in. Vice - Chairman Kunioka stated he was satisfied and would like to move to approval. Commissioner Vuu stated he has a question on condition 9 regarding the hours of operation. Is this Friday through Sunday? Associate Planner Agaba stated the hours of operation are Monday — Thursday 3:30 -11:00 p.m. and Friday — Sunday they are 11:00 a.m. -11:00 p.m. Chairman Lopez questioned how the restaurant will eliminate or contain the trash due to previous complaints of the smell from the school nearby. Applicant and owner Lien Pham, 8837 Valley Blvd., stated trash is bagged, tied, and put in locked trash containers each evening. Trash disposal is picked up 3 times a week. Chairman Lopez thanked the applicant and explained that there were some issues due to the restaurant hours operating while school is open. Vice - Chairman Kunioka stated we should add this to the conditions and specify what needs to done with trash. City Planner Everling stated we can do that, we can specify that trash needs to be bagged, tied, locked, and picked up 3 times a week. Commissioner Vuu stated there was an inconsistency between a condition placed on this project and the one placed on the next project which is the Health /Grading one. City Planner Everling stated this condition comes from the L.A. County Department of Health Services and it is a law. This is a requirement whether it is a condition or not. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 4 of 19 Attorney Yin stated that with regard to the last sentence of Condition 8, last sentence he would advise deleting the words "recorded tapes or CDs" and substitute the words with "surveillance recordings" to allow for innovations in technology. Chairman Lopez stated any other questions. See None MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER VUU TO APPROVE Vote results: YES: CAM, GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE B. CONDITIONAL USE PERMIT 99 -787 (MOD) — 7540 GARVEY AVE. - Kelvin and Sam Wong of The King Palace Restaurant have submitted an application to modify the conditions of approval of Conditional Use Permit 99 -787 by modifying the hours of operation from 11:00 am to 1:00 am to 7:00am to 1:00 am, located at 7540 Garvey Avenue in the C -3 (Medium Commercial) zone. (Lily Trinh, Assistant Planner) PC RESOLUTION 08 -18 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE MODIFICATION OF ONE CONDITION OF APPROVAL OF CONDITIONAL USE PERMIT 99 -787, TO MODIFY THE HOURS OF OPERATION. THE KING PALACE RESTAURANT IS LOCATED AT 7540 GARVEY AVENUE, IN THE C -3 (MEDIUM COMMERCIAL) ZONE. Recommendation - Staff recommends that the Planning Commission APPROVE the modification of Conditional Use Permit 99 -787 application for a period of six (6) months, subject to conditions outlined in the attached Exhibit "A ". Presentation: Lily Trinh Assistant Planner Trinh stated the restaurant owners are present to answer any questions. Chairman Lopez asked if there were any questions for staff from the Commissioners. Attorney Yin stated he had a question on Resolution, bottom of section 2 on page 8. Mr. Yin asked if we could delete the words "an entertainment business from the City Council' and change to "without prior approval of the City ". Chairman Lopez questioned if the restaurant is approved to sell -alcohol at 7:00 in the morning. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 5 of 19 City Planner Everling stated the restaurant already has the right to sell alcohol pursuant to the Use Permit, but the Commission has the authority to limit the hours to sell alcohol. He also stated he did not feel it was the applicant's intention to serve alcohol at 7:00 a.m. Assistant Planner Trinh stated Dim Sum menu includes Chinese tea early in the morning. Chairman Lopez stated he would not like doors opened that early to sell alcohol. Vice - Chairman Kunioka stated he was told it was a standard condition and you could serve alcohol at 7:00 in the morning. Commissioners discussed the early hours of selling alcohol and as long as they have the authority to change the hours of selling alcohol they are satisfied. Chairman Lopez stated are there any questions from the public for applicant. See None Chairman Lopez stated anyone wishing to speak in approval of this project. Jim Flournoy, a resident, 8655 Landis View, wanted to clarify that with regard to Karaoke uses, when we talk about the "City" having to approve Karaoke uses, do we mean staff. Attorney Yin stated "duly authorized city legislative body ". Vice - Chairman Kunioka stated that the language suggests you need a special entertainment license to do Karaoke, and then you had to come to the City for City Council to approve it. Assistant Planner Trinh stated an ordinance that requires that City Council would have to approve Karaoke. Attorney Yin stated lets just write it as "duly authorized city legislative body ". Chairman Lopez stated are there any other questions in approval of this project. See None Chairman Lopez stated at this time is there anyone wishing to speak against this project please do so now. See None Vice - Chairman Kunioka stated on Condition 27 he would like the wording changed to the same as the previous project. On Condition 11 Vice - Chairman Kunioka would like language changed or taken out entirely. City Planner Everling stated do you mean remove the language past 1:00 a.m. Rosemead Planning Commission Meeting.' Monday, August 4, 2008 Page 6 of 19 Vice- Chairman Kunioka stated yes as long as it is 10 hours. Vice - Chairman Kunioka stated on page 12, Condition 28, is it common that we would specify a number of seats? Assistant Planner Trinh stated that was a condition from the original approval. City Planner Everling stated it relates to parking. Vice - Chairman Kunioka stated he wasn't sure if it was related to parking or restaurant serving alcohol. City Planner Everling suggested omitting the word "Maintain" and added the word "Limit" instead. Vice - Chairman Kuniko stated he just wants to make sure the restaurant remains a restaurant and not a night club or bar. Commissioner Gay stated that he would like to make sure if we get complaints of alcohol being served at 7:00 a.m. the City would reinvestigate. Commissioner Vuu stated he had a question for the applicant or owner: will this restaurant have wedding banquets? Owner of restaurant replied no; dining room only. Commissioner Vuu stated that he notices most wedding banquets tend to have Karaoke. Owner of restaurant stated it is dining only. Vice - Chairman Kunioka stated he noticed there is a Bridal Room. Assistant Planner Trinh stated it is really a storage room or office. Chairman Lopez asked if there were any more questions. See None MOTION BY COMMISSIONER VUU, SECONDED BY COMMISSIONER GAY TO APPROVE Vote results: YES: CAM, GAY, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 7 of 19 C. DESIGN REVIEW 03 -112 (MOD) - 8518 VALLEY BLVD - Gerard Ngo has submitted an application to modify the conditions of approval of Design Review 03 -112 to eliminate the requirement for a reciprocal access and parking agreement with the adjacent Empire Shopping Center, and to permit 15,000 square feet of restaurant and fast food use and 15,000 square feet of retail and office use within the previously approved commercial center currently under construction, located at 8518 Valley Boulevard in the C3 -D (Medium Commercial with a Design Overlay) zone. (Sheri Bermejo, Senior Planner) PC RESOLUTION 08 -19 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 03 -112 (MODIFICATION), TO MODIFY THE CONDITIONS OF APPROVAL TO ELIMINATE THE REQUIREMENT FOR A RECIPROCAL ACCESS AND PARKING AGREEMENT WITH THE ADJACENT EMPIRE SHOPPING CENTER AND TO PERMIT 15,000 SQUARE FEET OF RESTAURANT AND FAST FOOD USES AND 15,000 SQUARE FEET OF RETAIL USE WITHIN THE COMMERCIAL CENTER LOCATED AT 8518 VALLEY BOULEVARD (APNS: 5371 -010- 800,5371- 010 - 801,5371- 010 -803). Recommendation - Staff recommends that the Planning Commission APPROVE Design Review 03 -112 (Modification) for a period of six (6) months and adopt Resolution 08 -19, subject to conditions outlined in Exhibit "B" attached hereto. Presentation: Sheri Bermejo Senior Planner Bermejo stated that the Architect was present to answer any questions. Chairman Lopez stated he has one question: How do we get away with City Council approving a project without the Fire Departments approval? Senior Planner Bermejo stated originally when the project went to Planning Commission the Los Angeles County Fire Department was working with staff and doing reviews. The Fire Department reviewed the project and marked it "reviewed ". Early on when the project was submitted to the Planning Division there was never any major indication that the project was not going to be approved. There were several meetings and discussions and the item was discussed on several occasions with City Council. The City came to a decision that since the applicant submitted an application, the applicant met the requirements when the project was submitted and the building was in conformance to the Uniform Building Code because the project was submitted prior to the initiation or the effective date of Regulation Number 27. Because of this the City Manager decided to issue the Building Permit. Chairman Lopez asked if the Fire Chief reviewed and approved the project. Senior Planner Bermejo stated no, the project was stamped "reviewed" for the Building and Safety Division. To make sure it was reviewed against the Fire Department's regulations, the project was reviewed as required by the City of Rosemead by an outside reputable fire consultant who reviewed the project up to the standards of the Fire Department to make sure it met those standards. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 8 of 19 Vice - Chairman Kunioka asked is there a county or state law that requires Fire Department approval? Senior Planner Bermejo stated the Los Angeles County Fire Department sets regulations and it is up to each of the local agencies that contracts with them to adopt those regulations. The City of Rosemead eventually adopted Regulation Number 27; however this project was approved and began its review process prior to the adoption. The City Manager has indicated that on a going forward basis no further projects would be permitted in the City of Rosemead within the Edison power line easement. Vice - Chairman Kunioka asked generally speaking for projects that do not have prior Fire Department approval what was the disposition of those projects? Attorney Yin stated that the City 's Special Land Use Attorney had an opportunity to submit comments on this project and what Associate Planner Bermejo is trying to point out is that Regulation 27 was adopted in 2006 and the approval for this project were made in 2004. The applicant arguably might assert that he or she has a right in the approval prior to adoption of Regulation 27. Vice - Chairman Kunioka had two more questions; one: is it safe, and; second: is there legal liability if there is no approval from the Fire Department? If there was to be some sort of event at this location is the City protected from the rules of solid immunity? Attorney Yin replied that with regard to the question of the City's liability in approving or not approving the project, the City was generally immune from liability if its approval or disapproval was in good faith. Attorney Yin will research this topic more thoroughly if directed by the Commission to do so. Chairman Lopez stated any other question. Commissioner Gay stated he would like to add something. Within these high tension power corridors he is currently working on a project (Park) where the "Old Duck Farm" located by the 605 Freeway included new high tension wires which will be 250 feet above ground, and yet they will still be able to build this park and it will still be open to the public. Commissioner Vuu stated he has the same question as Vice - Chairman Kunioka: Is the City liable if Fire Department did not approve? Attorney Yin stated the Land Use Attorney had no negative comments about this but Attorney Yin would be happy to undertake further review and analysis if directed by the Commissioner. Attorney Yin also referred to Regulation 27 and that based on information from Staff it was not in existence when the project was initially approved by the Planning Commission in 2004. Future Projects in the City of Rosemead will not be approved without Fire Department approval. Senior Planner Bermejo stated this project is nearly complete. Regulation 27 focuses on new structures. Rosemead Planning Commission Meeting. Monday, August 4, 2008 Page 9 of 19 Chairman Lopez stated that the question was on how it was approved. Attorney Yin stated the Constitution of California delegates to the City ultimate authority over "police power" functions which include the regulation of health and safety within the City. That, for example, is the general authorization which allows us to regulate zoning and approve conditional uses. So the City appears to have has ultimate authority here, not the Fire Department. The City has however generally delegates authority to regulate the approval of conditions relating to fire safety to the County Fire Department. In our municipal code we have delegated authority to the L.A. County Fire Department, but ultimately, the City of Rosemead has final say because of the Constitution of the State of California. Commissioner Gay stated as far as liability issues, what if the project gets stopped? What would the legal ramifications to the City be and the property owners? Attorney Yin stated that is an issue that the City Attorney in conjunction with the Land Use Attorney would have to analyze further if directed to do so and should be discussed in a closed session meeting since it pertains to specific potential litigation matters. Chairman Lopez stated we will now open to the public and applicant. Please state name and address. Simon Lee, Architect of project, 140 West Valley, Suite14, San Gabriel, stated all the conditions of approval recommended by staff are acceptable and they will fully conform. Project is almost complete; they started in 2002 and explained the processes they have had to go through. Simon Lee has diligently worked with Staff. Vice - Chairman Kunioka stated he did not find this information in the plans: How tall is the wall between the east elevations of the building and the houses that are directly to the east? Simon Lee, Architect stated the wall is 22 feet. Vice - Chairman Kunioka stated he didn't see any conditions on deliveries Simon Lee, Architect replied whatever the standard City time is. Vice - Chairman Kunioka questioned if there was a standard City Condition? Senior Planner Bermejo stated there was not but we could add that. Vice - Chairman Kunioka stated let's definitely add that. Vice - Chairman Kunioka stated does the back side have access directly to Valley as well. Senior Planner Bermejo stated that the site has only one area for ingress egress and that is located along Valley Boulevard. Map was illustrated to Commission. Vice - Chairman Kunioka stated that deliveries would not be made behind Hidden Pines. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 10 of 19 Senior Planner Bermejo replied no. Chairman Lopez asked if there were any other questions and stated that Attorney Yin had further comment on liability issues. Attorney Yin responded to questions from the Commissioners regarding potential liability for the City with regard to approval or denial of the entitlement application. Attorney Yin indicated that if the Commissioners wished he could specifically research the question of whether the City has any potential liability regarding its approval of any specific project application. Attorney Yin stated that in general, all actions against the City or a public employee acting within the scope of his or her employment seeking money or damages must follow the procedures set forth in the Tort Claims Act. The Tort Claims Act limits municipal liability by providing that liability is subject to any public entity immunity provided by statute. Statutory immunities include, but are not limited to, the following exemptions. There is a statutory immunity pursuant to Government Code section 818.2 relating to the adoption or failure to adopt an enactment or by failure to enforce a law; as well as an immunity under Government Code section 818.4 related to the issuance, denial, suspension or revocation of or refusal to issue, deny, suspend or revoke any permit, license, certificate, approval, order or similar authorization. Other immunities exist under the law, if the City Attorney can and will research this issue further if directed to do so. Chairman Lopez stated anyone else wishing to speak may come up and do so Brian Lewin, 9501 Ralph Street, a resident stated that he thought at one time an issue came up at the Empire Center about on sale liquor licenses and there being a saturation of them in the census tract. What would adding 15,000 square feet of restaurant space to that census tract could do to effect the possible on sale liquor license issue? City Planner Everling replied we review each request on a case by case basis. Resident Brian Lewin stated he felt this may be problematic, and also questioned if the dumpsters will be self locking. Senior Planner Bermejo stated they will be self - closing and self - latching. Resident Brian Lewin questioned if they have locks. Senior Planner Bermejo stated they can put locks on them, but the idea behind self closing and self latching is so you do not have to rely on a person closing them. They will automatically close. Resident Brian Lewin requested that the Commission add a couple of requirements. One: add locks to the dumpster lids, and require that all trash enclosures be locked at night. Second, he would like to know if non porous coverings, overhead coverings, are included as a Condition. Senior Planner Bermejo stated that all trash enclosures proposed will be fully contained within the building structure or they will have a solid roof. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 11 of 19 Resident Brian Lewin stated they are basically for storm water, and thanked the Staff for answering his questions. Chairman Lopez asked if there was anyone wishing to speak against this project. Robert Badillo, 9202 Adalena, a resident stated his concern is traffic and parking. Mr. Badillo, feels there is not enough parking and people will be parking in the residential area. Chairman Lopez stated it looked like there was adequate parking. Senior Planner Bermejo stated according to municipal code the site does provide sufficient parking. Chairman Lopez stated the parking requirements have been met. Commissioner Cam asked if Mr. Robert Badillo wanted to make a public comment concerning issues outside of this agenda item. City Planner Matt Everling questioned is it this project or a city wide project. Commissioner Cam replied it was a city wide project. Jim Flournoy, 8655 Landis View, a resident stated the rules in effect 27 has nothing to do with it. Everything is on a case by case basis in good faith and the rules that were in existence at the time which were the plans go for approval to the Fire Department. You have two different things the building plans and the approval of the project in general. This was delegated to the Fire Department, it was submitted, reviewed, and never approved by the Fire Department and there is a letter in the file to that effect as far as the overall project. The City then decided to approve this on their own and proposed an ordinance to do this. The ordinance did not pass, but the City Manager changed about this time. Jim Flournoy stated that the ordinance did not pass so the City Manager did not have the authority to issue Building Permits. Jim Flournoy also stated that the issuance of building permits was illegal. The Fire Department will have to come out and inspect this and Jim Flournoy would like to see this taken care of as soon as possible so we can issue a Certificate of Occupancy on the project with those things attached. City Planner Everling stated the Fire Department did do an inspection and signed off on the framing of the building. Jim Flournoy stated he did not know about that and we are talking about the project in general. City Planner Everling stated that his understanding was similar to Senior Planner Bermejo's understanding of the case history of the project. From the outset, the fire department did sign off on the project and approved the changes to make it non combustible but then at the last minute the Fire Marshal decided not to sign off on it. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 12 of 19 Jim Flournoy stated the Fire Marshal is the one that needs to approve it and it was never approved. City Planner Everling stated the building plans were reviewed by the Fire Department. Jim Flournoy stated they were reviewed a lot but never approved. City Planner Everling stated they were approved by Edison. Jim Flournoy stated Edison does not sign off on fire department. City Planner Everling stated in reference to what Attorney Yin stated earlier that the City ultimately has the power to approve this project. Jim Flournoy stated if they approved the ordinance but the ordinance wasn't approved. Jim Flournoy was asked which ordinance and he replied the one that allowed the City Manager to sign off on projects in lieu of the Fire Department. City Planner Everling stated he was not aware of this ordinance. Jim Flournoy stated this was before Matt Everling was employed here. Jim Flournoy stated if we are not going to have reciprocal parking he would like to see if we could get a bust out gate somewhere for fire access. City Planner Everling stated that there is already a gate there. They are Edison's gates and there is an easement there. Jim Flournoy stated the City's General Plan proposes a biking /hiking trail along this Edison easement and Jim Flournoy would like to see that the trail is not blocked off by the project. Chairman Lopez stated all there is on this easement is a gate is there access? City Planner Matt Everling stated it will be gated. Jim Flournoy stated we need to look into how this will affect the existing General Plan. Jim Flournoy also wants to know where oil and grease will be disposed of, and will the air conditioners be on the roof or the ground. City Planner Everling stated there will be grease traps and the air conditioners are behind the parapet walls where they can't be seen and have already been approved. Jim Flournoy stated he has a copy of a geotechnical report that was done on the site next door down the street and there was one on this project too. Mr. Flournoy does not know if the city building official got a copy, but as far as he knows we are still not in compliance. Jim Flournoy does not think the paperwork has been signed to hire the geotechnical report reviewer to finish up these reviews. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 13 of 19 City Planner Everling stated they have not been signed yet Jim Flournoy stated he would like to see conditions in compliance with Sections 110 thru 113 with the city building code and in compliance with the Seismic Hazard Mapping Act. City Planner Everling stated that those are sections of the building code and they are already law and there is no reason to add those to the conditions of approval as the law is already there. Jim Flournoy stated that let's make sure they know it's there. Is this project compliant with the new Southern California Edison guidelines for tenants as far as restaurant use vs. office use? Those are the things Mr. Flournoy would like to see the Commission look into. Senior Planner Bermejo stated that she would like to respond to the Southern Edison issue we have been working with them on this project because they are the property owners and they did have to submit a signed affidavit stating they are in approval of the project. Jim Flournoy stated his question was if this project was in compliance with their new guidelines for tenants or did they do some waivers. City Planner Everling read Condition 32 on page 16. Jim Flournoy stated he wants to see the delta on what Edison wants on new projects and what we are doing here. Jim would like to see what is waived. City Planner Everling stated that is part of there application process, that gets signed off before it gets to the Planning Division. Jim Flournoy stated he wants to know what is getting signed off. City Planner Everling stated why do we need to know? Jim Flournoy asked if it was a big deal or not. City Planner Everling stated it's Edison's issue. Jim Flournoy stated it is also the City's issue what if vapors get up there and start a fire and that drops the fire lines down. How far away is the current practice, or has it changed. Jim Flournoy wants to make sure they are alright with restaurants and things like that. Would they allow that on New, you know they wouldn't allow it on current project. Vice - Chairman Kunioka stated that the current relation is nothing, currently nothing will be built there. Delta is something verses nothing. Jim Flournoy stated that he was surprised that Edison was not there to explain that. Commissioner Gay stated if Edison had a problem with it they would be here. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 14 of 19 Jim Flournoy stated it will be expensive to fix later. Chairman Lopez asked if we will move on now, due to not having the answers to what Mr. Flournoy is addressing. Chairman Lopez asked if anyone else wished to speak against this project. Samuel Wu, 8450 Valley, a resident stated he represented a group of neighbors or neighborhood businesses. They have concerns of additional restaurant uses that the Commission is considering of approving. Mr. Wu presented a petition with about 15 businesses that had signed the petition to the Commission stating that they are strongly against any restaurant uses for this project. City Planner Everling stated are any of these restaurant owners? Samuel Wu stated yes most of them. Samuel Wu stated the there were 4 simple reasons why they were against this project 1. Too much traffic on Valley Blvd. 2. There is not enough restaurant parking in the surrounding area. 3. Too much noise and disturbance. 4. Too many restaurants in the surrounding ' /z mile. Attorney Yin stated that if anyone wanted to look at the petition we would make copies available. Chairman Lopez asked if anyone else wished to speak against this project. See None Chairman Lopez stated Commissioners do we have any other questions for staff. Vice - Chairman Kunioka questioned Condition 29 and parking restrictions. If this project meets the code what is the restriction? Senior Planner Bermejo stated she went through the previous staff report and resolution and tried to figure out why that condition was in there. Senior Planner Bermejo stated she feels it may have been an oversight or typo. In the past Edison was hesitant in approving restaurant usage and fast food usage on that site. The original staff report and resolution stated those concerns, but recently she spoke with Edison and they no longer have those issues or concerns. Chairman Lopez stated any other questions. We need a motion for approval. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 15 of 19 Vice - Chairman Kunioka would like a few changes, one is delivery time and access which seems to be understood but to be clear that deliveries and access will not be from the back it will be in the front. The time of deliveries should not be after 10:00 p.m. Senior Planner Bermejo stated we have some time conditions for construction the hours are 7:00 a.m. to 8:00 p.m. Vice - Chairman Kunioka stated for deliveries it probably is more restrictive or the same time. Most deliveries probably come during the daytime. Vice- Chairman Kunioka would like restrictions on deliveries which include holidays and no deliveries on Sundays. Senior Planner Bermejo stated that deliveries should be limited to Monday through Saturday from 7:00 a.m. to 8:00 p.m. and no deliveries on Sundays or any federal holiday. Vice - Chairman Kunioka stated do we want to tell them they need to lock the dumpsters. City Planner Everling stated in Condition 29 that Sheri added dumpsters will be self - latching and self - closing and the bins shall be locked at night. Commissioner Vuu stated will there be a manager on site to make sure dumpsters will be locked? Vice - Chairman Kunioka stated that will be one of the conditions of approval. Vice - Chairman Kunioka stated he is not sure we want to add language on the geotechnical report. Has it changed at all since 2004 or is it the same regulations that would've applied. City Planner Everling stated it is the same regulations, it just recently changed and added the Geo 1 Condition and he has concerns adding a condition such as that to a modification permit as opposed to the original application. Vice - Chairman Kunioka stated are we satisfied with legal advice? City Planner Everling stated that after their meetings with Attorney Joe Montes, the other City Attorney has had no negative comments about this project. Vice - Chairman Kunioka stated 'is it the case or not the case that the City Council directed the City Manager to issue the building permit or not'? Senior Planner Bermejo stated she believes it was not an official authorization. Jim Flournoy stated he feels that Attorney Yin should look into it. Senior Planner Bermejo stated to clarify what she just said, she is not sure if it actually went to vote as a public hearing item. City Planner Everling stated it may have been under direction of City Council behind closed session. Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 16 of 19 Attorney Yin stated we were entering the territory of speculation and hearsay. Let's stick to facts. Vice - Chairman Kunioka stated the report on page 6 the date must be wrong since it is dated "2008 ". Senior Planner Bermejo stated it was a typo it should be "2007 ". Vice - Chairman Kunioka stated when they did the traffic study for a shopping center there is no consideration about the composition or the type of things that will be in that shopping center is it simply based on the square footage? Senior Planner Bermejo stated the definition in the traffic study also talks about the mixture of fast foods, take out type uses, retail uses, and also throws in a gasoline station that is not attached to the buildings but is on the site. Vice - Chairman Kunioka stated the report talks like they considered this as a shopping center did they consider this with the mixture of uses. Senior Planner Bermejo stated they did including the gas station. MOTION BY COMMISSIONER VUU, SECONDED BY CHAIRMAN LOPEZ TO APPROVE Vote results: YES: CAM, GAY, KUNIOKA, LOPEZ, AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 6. MATTERS FROM THE CHAIRMAN & COMMISSIONERS See None 7. MATTERS FROM THE CITY PLANNER AND STAFF Robert Caudillo, 9202 De Adalena St., a resident stated with all this development he can see there will be more traffic. Mr. Caudillo is going to talk about the development in the residential area, there are mini mansions and parking is getting really hard. Parking is really bad, there are times he has to park in front of his daughter's house 3 or 4 houses down the street. There are times there are 3 or 4 cars parked in front of his home. There are a lot of people who are jumping on people due to not being able to park in front of their homes. Mr. Caudillo expressed concerns with people not moving their cars and leaving trash. The building division is letting people build and his neighbor is building a 1500 ft. guest house and what happened to the 5 ft. easement? This house is right next to the wall. There was a shack and it was torn Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 17 of 19 down and started they started fresh. What is the definition of a guest house? It seems like it is going to be permanent dwelling. City Planner Everling stated you are allowed to build a guest house if you are in the R -1 Zone and the maximum is 800 square feet or 30 percent of your existing home whichever is less. City Planner Everling stated that we can research the project for Mr. Caudillo. Robert Caudillo stated he has lost his privacy and that his wife called the City to see if the guest house Could be built. Mr. Caudillo also stated that his wife received a sassy response on the phone from the City. Attorney Yin stated that we appreciate that you brought this forward to us and if you are contending that the adjacent property is not in compliance with code we will verify this and if it is not in compliance to code they may have a code enforcement action. City staff will look into the issue and see if they are in violation. Mr. & Mrs. Caudillo stated their concerns of parking, renting out of the guest house, is it allowed, a burglary in the neighborhood that was not recorded, sewer problems, and maybe passing an ordinance with no street parking. Attorney Yin stated City Staff will investigate and try to resolve their issues. City Planner Everling stated he wanted to give an update of General Plan, he passed out an updated CD with our draft General Plan and draft Environmental Impact Report for your reading. City Planner Everling also requested if we could hold a special Planning Commission Meeting for Monday, September 29 to specifically look at the General Plan. Staff would like a recommendation at this meeting for both the draft General Plan and draft Environmental Impact Report to report to the City Council. Chairman Lopez questioned before our regular meeting or right after our regular meeting? City Planner Everling replied it would be a special meeting on Monday, September 29th just for the General Plan with no other items. It would be in addition to our two regularly scheduled meetings. Vice- Chairman Kunioka stated will there be a public hearing then. City Planner Everling replied yes there has to be. Staff is wanting to get your support in having the special meeting so if there is any other resources you may need from City Planner Everling to complete your review of the General Plan and the EIR he would be happy to provide them for you or if you want to set up a time and come over and meet with City Planner Everling to go over issues and questions you might have over either documents he would be happy to do that. Hopefully the Commission feels comfortable with both documents and moving forward, staff will move for adoption at the City Council Hearing of October 14 th In conversation with our Land Use Attorney, our existing General Plan was approved under a Resolution as opposed to an ordinance. Only one public hearing by the council is required. There will not be two public hearings unless Council wants it to be, but legally because of the existing General Plan which was adopted back in 1987 and was adopted under resolution Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 18 of 19 that gives us the authority to do the same here. Vice - Chairman Kunioka stated he likes the idea of special meeting it will help because it will be time consuming. City Planner Everling stated is there an earlier time that the Commission would like to start as opposed to 7:00 p.m. Chairman Lopez stated he is good for 6:00 p.m. Commissioners all agreed to have meeting at 6:00 p.m. City Planner Everling stated he will have a meal for Commissioners and staff at 5:30 prior to the meeting. 8. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 9:03 p.m. MOTION BY VICE- CHAIRMAN KUNIOKA, SECONDED BY CHAIRMAN LOPEZ TO ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. ►LVARF � Rosemead Planning Commission Meeting: Monday, August 4, 2008 Page 19 of 19