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PC - 09-15-08CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES September 15, 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 City Hall Council Chambers at 8838 E. Valley Blvd, Rosemead. Commissioner Vuu led the Pledge of Allegiance. Commissioner Cam delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice - Chairman Kunioka, Commissioners Cam, Gay, and Vuu ABSENT: None EX OFFICIO: Agaba, Bermejo, Everling, Lockwood, and Yin 1. 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. 2. PUBLIC COMMENTS FROM THE AUDIENCE Chairman Lopez asked if anyone would like to speak on any items not on the agenda, to step forward. None. 3. 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. A. Approval of Minutes —August 18, 2008 Vice - Chairman Kunioka had corrections on pages 2 and 5 Chairman Lopez asked for a motion for approval of the items on the Consent Calendar. MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER VUU TO WAIVE FURTHER READING AND ADOPT CONSENT CALENDAR. Vote results: 13113 Rosemead Planning Commission Meeting: September 15, 2008 Page 1 of 13 Senior Planner Bermejo stated her applicant wanted to know if the Planning Commission had any questions for her. Chairman Lopez questioned if anyone had questions for her and did she understand the Conditions of Approval that Commissioner Vuu was requesting. Senior Planner Bermejo translated the Conditions of Approval to the applicant. Maribel Arias, applicant questioned if she could leave one window. Senior Planner Bermejo explained to the Applicant the Condition of Approval was just regarding the door not the windows. Maribel Arias, applicant stated that was fine. Chairman Lopez stated anyone else wishing to speak in favor of this project. See None Chairman Lopez stated anyone wishing to speak against this project. See None Vice - Chairman Kunioka questioned if an addition were to go up, the fact that there is not sufficient setback for the garage, how far would that second floor have to be from the side property line. Senior Planner Bermejo stated after this approval the construction would have to meet the Rosemead Municipal Code for second floors. In the future they could possibly remove the patio and still extend the house on the east side. Vice - Chairman Kunioka questioned if the setback was from the first floor or the property line. City Planner Everling stated it is the property line and that setbacks are always measured from property line. Vice- Chairman Kunioka questioned guidelines of setbacks and if setbacks were measured from structure. City Planner Everling stated some of the setbacks are suggested from the street elevation. The setbacks for second floors and side yards are pretty significant. Vice - Chairman Kunioka stated he was concerned if a second floor addition was going to be too close. City Planner Everling stated the second floor addition would have to comply with the Zoning Code or they would have to come in for an amendment to the variance on the second floor. Rosemead Planning Commission Meeting: September 15, 2008 Page 3 of 13 YES: CAM, GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 4. PUBLIC HEARINGS A. Zone Variance 08 -02 - 8862 Boydton Street - Maribel Arias has submitted an application for a zone variance to deviate from the side yard setback requirement of the R -1 zone to construct an attached two -car garage to an existing home at 8862 Boydton Street. The subject property is a wide and shallow lot, located in the R -1 (Single - Family Residential) Zone. PC RESOLUTION 08 -22 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE VARIANCE 08 -02 TO DEVIATE FROM THE REQUIRED SIDE YARD SETBACK OF THE R -1 (SINGLE- FAMILY RESIDENTIAL) ZONE TO CONSTRUCT AN ATTACHED TWO -CAR GARAGE TO A SINGLE - FAMILY RESIDENCE, LOCATED AT 8862 BOYDTON STREET (APN: 5389 - 015 -045). Recommendation - Staff recommends that the Planning Commission APPROVE Zone Variance 08 -02 for a period of one (1) year and ADOPT Resolution 08 -22, subject to conditions outlined in Exhibit "B" attached hereto. Presentation: Senior Planner Sheri Bermejo Senior Planner Bermejo stated the applicant was present to answer questions but spoke only Spanish and Senior Planner Bermejo would translate. Chairman Lopez asked if there were any questions for staff. Commissioner Vuu stated that it looked like the door leading from the house to the garage was going to block the entrance to the garage. Senior Planner Bermejo questioned if the door should swing the other way. Commissioner Vuu questioned if the door could be made smaller or swing inward into the garage for safety reasons. Senior Planner Bermejo stated that it could be added to the Conditions of Approval. Chairman Lopez asked if the applicant wished to speak. Senior Planner Bermejo stated there was a language barrier and explained in Spanish to the applicant the changes to the door that the Planning Commission was requesting. Rosemead Planning Commission Meeting: September 15, 2008 Page 2 of 13 Chairman Lopez stated are there any other questions. 0=2 ►Gma- MOTION BY COMMISSIONER VUU, SECONDED BY VICE - CHAIRMAN KUNIOKA TO APPROVE ZONE VARIANCE 08 -02. Vote results: YES: CAM, GAY NO: NONE ABSENT: NONE ABSTAIN: NONE KUNIOKA, LOPEZ AND VUU Chairman Lopez declared said motion duly carried and so ordered. B. Conditional Use Permit 04 -968 (MOD) - 8930 Mission Drive - Chin Sung Chen has submitted an application to modify the conditions of approval of Conditional Use Permit 04 -968 in order to eliminate the requirement that covenants and restrictions be recorded against two (2) affordable condominium units, for moderate income families for a period of not less than thirty (30) years. Conditional Use Permit 04 -968 was approved for the development of a mixed use project on October 17, 2005. The project is currently under construction and is located at 8930 Mission Drive in the C -3 (Medium Commercial) zone. PC RESOLUTION 08 -23 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 04 -968 (MOD), TO MODIFY THE CONDITIONS OF APPROVAL TO ELIMINATE THE REQUIREMENT THAT COVENANTS AND RESTRICTIONS BE RECORDED AGAINST TWO (2) AFFORDABLE CONDOMINIUM UNITS FOR A MIXED -USE PROJECT LOCATED AT 8930 MISSION DRIVE (APNS: 5391 - 011 -054). Recommendation — Staff recommends that the Planning Commission APPROVE Conditional Use Permit 04 -968 (MOD) for a period of six (6) months and adopt Resolution 08 -23, subject to conditions outlined in Exhibit "B" attached hereto. Presentation: Senior Planner Sheri Bermejo Senior Planner Bermejo stated the applicant was present to answer questions. Chairman Lopez asked if there were any questions for staff. Vice - Chairman Kunioka stated he was tracking the history and requested and reviewed the past minutes of this project. He said he does not know why this provision was included, was the Commissioner at the meeting and was there any discussion on why this was included. He also questioned if this was a selling point on why this was approved. Rosemead Planning Commission Meeting: September 15, 2008 Page 4 of 13 Chairman Lopez replied yes this did come up, Councilwomen Margaret Clark was requesting as big projects were being started to put in affordable housing. This condition was put in to help families with fixed income and to buy something affordable due to high cost. Vice - Chairman Kunioka questioned if this is moderate income housing what price and what would the monthly rent be. City Planner Everling stated he spoke with housing and it is based on the number of people in the household and income level. There is a chart on what the cap is for maximum rent. He also stated according to what Michelle Ramirez, our housing authority said under state law, the City cannot tell developers what to charge per unit and what'the maximum price would be, but indirectly the developer is told how much the maximum mortgage payment for that tenant can be. That mortgage payment has to include items such as; utilities, maintenance (such as HOA), principle, interest, mortgage insurance, and property taxes. The developer is given those numbers and it is up to them on what they can charge based to the maximum amount per month. Vice - Chairman Kunioka questioned how many people per house, if it is a 2 bedroom condominium or apartment are there 3 people. City Planner Everling stated a maximum of five (5) permitted, two per bedroom and plus one a family of five. Senior Planner Bermejo stated the monthly payment would be $1,726.00. City Planner Everling stated that would include everything. Chairman Lopez questioned Senior Planner Bermejo was it definitely two affordable housing units that we came up with at that time. Senior Planner Bermejo stated that was correct. Chairman Lopez questioned how many condominiums Senior Planner Bermejo stated there are 16 condominiums and when the project falls within the redevelopment areas then we take fifteen percent of the residential number of units have to be dedicated as moderate income. If that is not done on a project by project basis, then the City or someone will have to have to accomplish it. City Planner Everling stated there were three other mixed -use projects that were approved right now that will provide 19 affordable housing units. Vice - Chairman Kunioka stated he was trying to figure out how much money we were talking about in terms for these big concessions. Rosemead Planning Commission Meeting: September 15, 2008 Page 5 of 13 Commissioner Gay questioned is it because of the location of these other mixed -use projects where one is actually 32 residents at 3862 Rosemead Boulevard, but they are asked to give three moderate income units. Senior Planner Bermejo stated there are two different reasons why a development would have to give affordability. In this case it's because the project is located within the redevelopment project area. The other mixed -use projects that have been approved by the Planning Commission and Council fall outside these redevelopment areas and there were concessions made for these projects, affordability was under a different law, a Density Bonus Law. City Planner Everling stated there is only 10% dedication vs.15 %. Commissioner Lopez questioned what happens when resident /occupant says to cover the cost and they want to get rated how does the City handle this. City Planner Everling stated it is up to the Commission's discretion whether or not they want to approve to eliminate a condition that is required. Chairman Lopez stated he has concerns over one project coming back to eliminate cost, and how do you say yes to one and not the other. Vice - Chairman Kunioka stated in this case it would be different because they are below the maximum density that they could have asked for. There are other aspects of this project that if they had proposed today it would have different terms as far as the street setbacks and articulation. Commissioner Vuu questioned as far as the concession, are we allowed too waive the conditions and requirements for low income for other mixed use projects. Senior Planner Bermejo stated the City does an annual report and it runs from July to June based on our inventory with our Senior Housing we do have a surplus at this time for affordable units. Vice - Chairman Kunioka questioned in terms of the proposal to combine the two redevelopment areas does that change the calculation in this case or similar cases. City Planner Everling stated it should stay the same as long as it falls in a redevelopment area. Chairman Lopez stated would applicant like to speak. Michael Patrick Sun, JWDA, 529 E. Valley Boulevard, Suite 228 -A, San Gabriel stated, his project is very different from other mixed -use projects. Two years ago there was less opportunity to create greater density. At the time there were restraints by the General Plan at 14 units per acre. The problem he feels with this project is the density it is too low and he would like to increase the density. Rosemead Planning Commission Meeting: September 15, 2008 Page 6 of 13 Vice- Chairman Kunioka questioned what is the price he is looking for Mr. Sun stated he does not have selling price right now but his cost is $300,000.00 per unit. If we could increase the density the cost would be less. Vice - Chairman Kunioka stated the project was almost finished and not practical to increase the density. Chairman Lopez questioned Senior Planner Bermejo on the price Councilwomen Margaret Clark was looking for the affordable housing units. Senior Planner Bermejo stated it is hard to determine a price because it is based on each applicant and what they can afford and what they can put down. It could be $150,000 to $200,000 a unit. Chairman Lopez stated he thought Councilwomen Margaret Clark was trying to get a set price. There was low and mid range price and holding for availability. He believed they voted on a mid range. Senior Planner Bermejo stated the numbers for example for a two bedroom unit is very low with mortgage principle, interest, property tax, and insurance all those items together cannot exceed $672.00 per month. Low is $941.00 per month and moderate is $1,726.00 per month. This is for owner - occupied. Commissioner Vuu stated a reference to another mixed -use project on Del Mar Ave., but it was not audible. Chairman Lopez stated anyone wishing to speak against this project. See None Commissioner Vuu stated we could be opening a can of worms with changing and waiving conditions. Chairman Lopez stated that it could lead us somewhere where it can cause an issue. He understands with high cost and affordably for people. Senior housing is for people over 55 and above and you can't use the low income. Commissioner Vuu stated maybe waiving two units or one unit will compromise that aspect. City Planner Everling stated it would be to the Planning Commissions discretion. Commissioner Kunioka stated one of the things you compromise is convenience and this development is well below the standards. He would also like to have some idea of the time frame. Mr. Sun stated the project started in the year 2003 Rosemead Planning Commission Meeting: September 15, 2008 Page 7 of 13 Vice - Chairman Kunioka questioned why didn't you ask earlier when you proposed the project. Mr. Sun stated he did. Vice - Chairman Kunioka stated what is the time line with this project and is this an unusually long process to bring to the Planning Commission. City Planner Everling stated when it comes to projects, most of the time is spent for turn- around time for Plan Check Reviews and it is usually the applicant's willingness to work with staff. Vice - Chairman questioned how many meetings may have occurred between staff and the applicant in the course of those 5 years. How many things did they have to change? City Planner Everling stated usually it takes about' /2 dozen times for a mixed -use project. Mr. Sun stated this project was put on hold for almost over a year. City Planner Everling stated this was the City's first mixed -use project. Chairman Lopez stated he feels the applicant has waited a long time and he could lose a lot of money. MOTION BY CHAIRMAN LOPEZ, SECONDED BY COMMISSIONER GAY TO APPROVE Conditional Use Permit 04 -968 (MOD). 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 C. Conditional Use Permit 05 -1021 (MOD) - 8772 Valley Boulevard - Angel Liu (business owner) of Hunan Seafood Restaurant located at 8772 Valley Boulevard has submitted a letter to the Planning Division requesting to modify hours of operation by extending the closing time hours from 11:00 p.m. to 1:00 a.m. daily. PC RESOLUTION 08 -21 —A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 05 -1021 (MOD), TO ALLOW HUNAN SEAFOOD RESTAURANT TO EXTEND THEIR HOURS OF OPERATION TWO HOURS FROM 11:00 PM TO 1:00 AM LOCATED AT 8772 VALLEY BOULEVARD, IN THE C -31D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. (APN: 5390 - 010 -038) Rosemead Planning Commission Meeting: September 15, 2008 Page 8 of 13 Recommendation — Staff recommends that the Planning Commission APPROVE Conditional Use Permit 05 -1021 (MOD) and ADOPT Resolution 08 -21. The City Council Conditions of Approval of December 27, 2005 shall remain intact and shall govern the subject restaurant operation and maintenance including this CUP modification. Presentation: Associate Planner George Agaba Associate Planner Agaba stated applicant is in audience to answer any questions. Chairman Lopez asked if there were any questions for staff. Vice - Chairman Kunioka questioned do you know the availability of parking at the City Hall, Recreation Center, Bank of America, and so forth. Is there a formal City Policy for access to these parking spaces for after -hours after the businesses are closed? City Planner Everling stated he believes they are open to the public. Vice - Chairman Kunioka stated so there are not any signs that state do not park here after so many hours. In the future with additional development downtown the additional spaces may be taken but at the moment it looks like there is adequate parking. City Planner Everling stated the parking issue is part of the Valley Vision Plan. Associate Planner Agaba stated this property has accommodated the same kind of use since 1992 and has not had any problems with parking. Vice- Chairman Kunioka questioned the request is to be open till 1:00 a.m. 7 days a week or just the weekends. Associate Planner Agaba stated the hours are daily 7 days of the week. Vice - Chairman Kunioka questioned what are the current hours? Associate Planner Agaba stated that is a question the applicant can answer but believes the original hours are up to 11:00 p.m. Commissioner Vuu questioned what the actual name of the restaurant is due to an inaccuracy in the Agenda and staff report. Associate Planner Agaba stated the V.I.P. Lounge title is the D.B.A but the actual name of the restaurant is the Hunan Seafood Restaurant according to application. Commissioner Gay questioned the hours of Lee's Sandwich shop. City Planner Everling stated that the Lee's Sandwich shop opens earlier and closes later, not sure of hours. Vice - Chairman Kunioka stated he thought the drive - through may be opened later. Rosemead Planning Commission Meeting: September 15, 2008 Page 9 or 13 Chairman Lopez stated the applicant may come up to speak. Angel Lui, 8872 E. Valley Boulevard, applicant stated she would like to extend hours due to her menu is designed for lunch and dinner time not breakfast. Vice - Chairman Kunioka questioned you will be open till 1:00 a.m. 7 days a week. Angel Lui, applicant stated yes. Vice - Chairman Kunioka questioned how busy is the restaurant and how much traffic is generated at closing time. Angel Lui, applicant, stated her menu is designed for lunch time and until 9:00 p.m. It is a family restaurant. Vice - Chairman Kunioka questioned how large is the restaurant and how many does it seat. Angel Lui, applicant, stated 150 seats. City Planner Everling questioned is there a lot of customer traffic at late night. Angel Lui, applicant, stated yes especially at lunch time and late night. Vice - Chairman Kunioka questioned if there was anticipation of having large receptions late at night in the restaurant. Angel Lui, applicant, stated she was going to have large family meals and entertainment in the evening. Parking in the evening is better because in the day time there was no parking and she lost business during the day. Chairman Lopez questioned after 11:00 you have customers coming in. Angel Lui stated yes. Vice - Chairman Kunioka questioned if China Bistro was also open till 1:00 a.m. 7 days a week or just the weekends. City Planner Everling replied he was not sure. Vice - Chairman Kunioka stated he was just trying to get a feel of what other restaurants were open till 1:00 a.m. on Valley. City Planner Everling stated staying open till 1:00 a.m. was not excessive especially if serving food. Vice - Chairman Kunioka questioned if there were any restaurants open until 1:00 a.m. City Planner Everling stated China Bistro was one of them. Rosemead Planning Commission Meeting: September 15, 2008 Page 10 of 13 Vice - Chairman Kunioka stated if we were to extend the hours with the conditional use permit j and if there were problems with noise, traffic, and parking we would be entitled to re -limit hours. City Planner Everling stated that is correct. Vice - Chairman Kunioka questioned do we have to put any special conditions or is this a standard procedure. City Planner Everling stated the Conditional Use Permit is good for 6 months or if the Planning Commission feels more comfortable adding a condition we can update it and do that as well. Vice - Chairman Kunioka questioned how close are residents to the restaurant? City Planner Everling stated the Chamber of Commerce is directly to the south. Chairman Lopez questioned with any of the businesses opened after 10:00 p.m., have we had any problems. Associate Planner Agaba stated no we have not had any complaints so far. Chairman Lopez questioned with the extended two hours should we anticipate any extreme noises. Associate Planner Agaba stated he checked with Code Enforcement and the Temple City Sheriff's Department and there has been no noise complaints as of yet. Vice - Chairman Kunioka questioned if there was going to be a live band and if that was a separate issue. City Planner Everling stated that is a separate issue and the entertainment license was approved by City Council. Commissioner Vuu stated people tend to go out and eat late. Attorney Yin stated his cell phone stated China Bistro is open from 11:00 a.m. to 1:00 a.m. MOTION BY COMMISSIONER VUU, SECONDED BY COMMISSIONER CAM TO APPROVE Conditional Use Permit 05 -1021 (MOD). Vote results: YES: CAM, GAY, KUNIOKA, LOPEZ AND VUU NO: NONE ABSENT: NONE ABSTAIN: NONE Rosemead Planning Commission Meeting.: September 15, 2008 Page 11 of 13 I Chairman Lopez declared said motion duly carried and so ordered. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Chairman Lopez stated he had a complaint of Universal Bank and the trash site there must have been 50 trash bags that were left there. City Planner Everling stated that staff had just done an inspection at that property and that he had just had a meeting with a Building Inspector about that site. Chairman Lopez stated he felt this was a health hazard and let's look into this right away. City Planner Everling stated this was a trash enclosure and landscaping issue now. Chairman Lopez stated as soon as you walk by the Post Office it is obvious it needs to be taken care of. Attorney Yin stated would Chairman Lopez like staff to look into it. Chairman Lopez stated yes. Senior Planner Bermejo stated she has already sent letters to the Bank and has contacted Code Enforcement. Chairman Lopez questioned if she had called them. Senior Planner Bermejo stated staff is going to have a meeting on how to get them to comply. Chairman Lopez stated why don't we contact Consolidated Disposal and have them dispose of it and send the bill to the property owners. City Planner Everling stated that we now have property maintenance orders now. Chairman Lopez stated we need to put the responsibly on them now because it is really bad and they are ignoring the notices. Let's look a little deeper and get them to comply. Commissioner Vuu questioned can we stop the project if they do not comply. City Planner Everling stated that is why we are working with building inspectors. 6. MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF City Planner Everling stated the General Plan Meeting on Monday, September 29, 2008 will begin at 6:00 p.m. and dinner will be provided in the Conference Room for the Planning Commission at 5:30 p.m. Commissioner Vuu stated he had a question, should there be a Public Hearing before this is actually presented to the City Council. Rosemead Planning Commission Meeting: September 15, 2008 Page 12 of 13 City Planner Everling stated yes that is what the September 29 Meeting is. It is a Public Hearing, but if the Planning Commission needs items looked at or if they want to continue it based on direction given to staff and the item is scheduled to go to City Council on October 14 Prior to that meeting there will be another regular scheduled Planning Commission Meeting on October 6 If the Planning Commission does not feel comfortable in recommending approval of the General Plan to the City Council at that time we will have another two weeks to do some revisions and bring the item back to the Planning Commission for a second Public Hearing on October 6th Commissioner Vuu questioned if the public was aware of the General Plan Meeting. City Planner Everling stated yes, the notice of Public Hearing is going to be in the San Gabriel Valley Tribune, the General Plan is on the web site, so is the Public Hearing Notice. There is a copy of the General Plan at the Public Library as well as the front counter at City Hall. Vice - Chairman Kunioka stated he noticed the Environmental Impact Report was not on the web site and wondered why. City Planner Everling stated is was because it is 855 pages long. There is a copy at the front counter at City Hall and there are CD's available. Vice - Chairman Kunioka questioned if there was a charge for the CD. City Planner Everling stated no they are free. 7. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 8:09 p.m. MOTION BY COMMISSIONER VUU to ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. ME /RL Rosemead Planning Commission Meeting: September 15, 2008 Page 13 of 13