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PC-02-20-07CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES February 20, 2007 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 the Council Chambers of the Rosemead City Hall at 8838 East Valley Boulevard, Rosemead. Commissioner Loi led the Pledge of Allegiance. Commissioner Lopez delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice - Chairman Kelty, Commissioners, Breen, Herrera, and Loi ABSENT: None EX OFFICIO: Agaba, Johnson, Price and Trinh 1. APPROVAL OF MINUTES Minutes of February 5, 2007 MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSONER HERRERA, that the minutes of the City of Rosemead Regular Planning Commission Meeting of February 5, 2007, be APPROVED as submitted. Vote results: YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Price explained the public hearing process and the right to appeal Planning Commission decisions to the City Council. Chairman Lopez asked if anyone would like to speak on any items not on the agenda, to step forward. None. 3. PUBLIC HEARING A. CONDITIONAL USE PERMIT 06 -1070 — 9055 De Adalena Street. Sam Tran has submitted a Conditional Use Permit application to construct a new single - family residence, which will result in 3,121± square feet of living area and an attached three -car garage. The subject site is located at 9055 De Adalena Street in the R -1 (Single- Family Residential) zone. Presentation: Senior Planner George Agaba Staff Recommendation: APPROVE — subject to the conditions, for six (6) months. Senior Planner Agaba stated the applicants were present and asked the Commissioners if they had any questions. Chairman Lopez called for questions from the Commissioners. Vice - Chairman Kelly questioned if there is a minimum driveway size. Planning Services Administrator Johnson answered the current code requires ten feet. Vice - Chairman Kelly said he asked this question because the driveway shown on the plans are 12 feet, but since two feet are landscape, the applicant does meet the requirement of ten feet. Chairman Lopez closed the hearing to the Commissioners and opened it to the public. Chairman Lopez opened the public hearing to those IN FAVOR of this application: None. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: None. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. MOTION BY COMMISSIONER LOI, SECONDED BY COMMISSIONER HERRERA, to APPROVE CONDITIONAL USE PERMIT 06 -1070. Vote results: YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. B. CONDITIONAL USE PERMIT 06 -1078 — 8450 E. Valley Boulevard. Li Gao, business owner of Northern Chinese Restaurant, has submitted an application requesting approval for a new On- Sale Beer & Wine (Type 41) ABC license in conjunction with a bona fide public eating place, located at 8450 E. Valley Boulevard, Units #108 4109, in the C -3 D; Medium Commercial with a Design Overlay Zone. Presentation: Planning Services Administrator Brad Johnson Staff Recommendation: APPROVE — subject to the conditions, for one (1) year. Planning Services Administrator Johnson stated the applicant and representative were present and asked the Commissioners if they had any questions. Chairman Lopez called for questions from the Commissioners. Commissioner Loi questioned if the City can limit the amount of alcohol a restaurant can sell to a customer. Planning Services Administrator Johnson said he's. not sure if it's legal to put that as a condition. City Attorney Price said a restaurant can be liable if they allow a customer to get drunk and drive. Planning Services Administrator Johnson said it will be difficult to keep track of how much liquor is sold. He also added that doesn't think it's a Planning Department responsibility. City Attorney Price said it's the restaurant's responsibility to cut off supply if they feel that a customer has exceeded their limit. He also said it's a question of restaurant management, not a responsibility of the Planning Department. Planning Services Administrator Johnson added the restaurant should also contact the Sheriff's Department if it becomes a problem. Vice - Chairman Kelty said the floor plan shows one exit and an exposed water heater. He questioned whether there is a building code for the water heater to be enclosed. He also said it's dangerous for a kitchen to have only one exit. He then asked if the existing kitchen layout has been approved. Planning Services Administrator Johnson said it has been approved and building inspectors perform an inspection every time there is a change in ownership. He also said he can have the building official do a re- inspection. Vice - Chairman Kelty said it's not necessary. Chairman Lopez closed the hearing to the Commissioners and opened it to the public. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Mr. Allen Yang of 1710 S. Del Mar Avenue, #209, San Gabriel, California, stated that he is a public health professional, who is representing Li Gao. He thanked staff for being so helpful. He then handed the Planning Commission a handout titled, "Statement Requesting Favorable Approval of Conditional Use Permit Application," and read it aloud. He added that he hopes all restaurants will follow the Designated Drivers Program. Commissioner Loi questioned the procedures that the restaurant will be taking to implement no drunk driving. Mr. Yang said one person from each table will be the designated driver. He said the restaurant will provide this person with complimentary dishes as well as non - alcoholic drinks. Commissioner Loi questioned what would be done if a person dined by him/herself. Mr. Yang said they will be entitled to one beer. He also said that all restaurant staff will be trained to give moderate amount of drinks to customers. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: None. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSIONER HERRERA, to APPROVE CONDITIONAL USE PERMIT 06 -1078. Vote results: YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Commissioner Herrera questioned what fake dog meat is, as listed on the menu. Mr. Yang said it is synthetic meat made out of soy and tastes like pork. Chairman Lopez declared said motion duly carried and so ordered. C. TENTATIVE PARCEL MAP 068512 — 9000 E. Valley Boulevard. Grae Ventures, LLC has submitted a Tentative Parcel Map application proposing to consolidate 9 existing lots into one legal lot and demolish the existing 33,200 square foot Bank of The West, located at 9000 Valley Boulevard in order to construct a new bank and retail center. The proposed center will be comprised of: 4,010 gross square feet of bank space (new Bank of the West), 12,000 square feet of retail and restaurant space and 105 parking spaces as well as associated landscaping and open usable recreational areas. The subject site is located in the CBD -D; Central Business District with a Design Overlay zone, located at 9000 E. Valley Blvd. Presentation: Senior Planner George Agaba. Staff Recommendation: APPROVE — subject to the conditions, for one (1) year. Senior Planner Agaba stated the applicant was present and asked the Commissioners if they had any questions. Chairman Lopez called for questions from the Commissioners. Commissioner Herrera questioned if the project consists of the bank and parking lot. Senior Planner Agaba answered the existing bank expands across property lines, as well as the existing parking lot east. He said the existing parking areas east will be relocated to the south and the proposed bank and retail space will be on one lot. He also said the applicant is proposing to consolidate all nine lots into one parcel. Commissioner Herrera wanted clarification on whether the project will go east onto the other parcels. Senior Planner George stated no. Vice - Chairman Kelly questioned if one year is sufficient to make progress. Planning Services Administrator Johnson said the applicant could be addressed. He also said the parcel map allows staff to give two years and the design review has already been recorded for one year. Chairman Lopez questioned the left turn issue that has been a concern with this project. Planning Services Administrator Johnson said the traffic engineers have looked at the project and are comfortable without any restrictions. He also said that once it becomes a problem, a sign will be installed. He added that the traffic engineer feels that the exit is far from the traffic light. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Commissioner Loi asked the applicant to come forward and asked him if he wanted the design review approval to be modified to two years. Mr. David Gilmore of 1801 Century Park East, Suite 1080, Los Angeles, CA, the applicant of this project, stated that he does not have a problem with one year. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: None. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. MOTION BY VICE - CHAIRMAN KELTY, SECONDED BY COMMISSIONER LOI, to APPROVE TENTATIVE PARCEL MAP 068512. Vote results: YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. D. ZONE VARIANCE 07 -346 — 8850 Barrette Avenue. Mary Helen Estrada has submitted an application proposing to deviate from the required rear yard and front yard requirements of the R -1 zone to construct a 1,129 square foot residential addition to an existing home at 8850 Barrette Avenue. The subject property is irregular in shape and is located in the R -1; Single - Family Residential zone. Planning Services Administrator Johnson stated the applicant was present and asked the Commissioners if they had any questions. City Attorney Price asked if the applicant is asking for a rear yard setback variance. Planning Services Administrator Johnson said yes. He also said only 21.3 feet is proposed and the minimum requirement is 25. City Attorney Price said the conclusion only discussed about front yard setback, so it should be changed. Planning Services Administrator Johnson asked City Attorney Price if he is referring to the language in the last paragraph. City Attorney Price answered yes and read the paragraph. Planning Services Administrator Johnson said condition one in the Conditions of Approval covers all site plan dimensions, so the conclusion will not affect any plans. Vice - Chairman Kelty then questioned if the garage sits on the property line. Planning Services Administrator Johnson answered yes. Vice - Chairman Kelty said he has no objection, but questioned if the neighbors are concerned with the project. Planning Services Administrator Johnson said going back to City codes, there is no objection to that. Chairman Lopez then asked the Commissioners if they had any other questions. None. Chairman Lopez closed the hearing to the Commissioners and opened it to the public. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Ms. Evangelina Hidalgo of 8843 Barrette Avenue, a neighbor of the applicant, stated that she supports this project. She said it will enhance the look of Barrette Avenue. She all said she thinks the project is beautiful. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: None. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSIONER HERRERA, to APPROVE ZONE VARIANCE 07 -346. Vote results: YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 4. CONSENT CALENDAR — These items are considered to be routine actions that may be considered in one motion by the Planning Commission. Any interested parry may request an item from the consent calendar to be discussed separately. A. Resolution No. 07 -06 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO 065311 AND CONDITIONAL USE PERMIT 06 -1065 REQUESTING TO SUBDIVIDE ONE EXISTING PARCEL INTO TWO PARCELS FOR DEVELOPMENT OF TWO (2) SINGLE - FAMILY RESIDENCES; ONE NEW SINGLE FAMILY DETACHED HOME PROPOSED ON LOT 2 HAVING 3,490 SQUARE FEET OF LIVING AREA AND ADDITION ON EXISTING SINGLE - FAMILY DETACHED HOME ON LOT 1 RESULTING TO 1,764 SQUARE FEET OF LIVING AREA TO BE LOCATED AT 3165 ROSEMEAD PLACE IN THE R -1; SINGLE - FAMILY RESIDENTIAL ZONE (APN: 5289- 018 -052). B. Resolution No. 07 -07 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 06 -1071, FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR CRABULOUS RESTAURANT, LOCATED AT 8966 E. GARVEY BOULEVARD, UNIT C, IN THE M -1; LIGHT MANUFACTURING AND INDUSTRIAL ZONE (APN: 5282- 010 -030). C. Resolution No. 07 -08 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO. 068129, CONDITIONAL USE PERMIT 06- 1072 AND CONDITIONAL USE PERMIT 06 -1073, REQUESTING THE SUBDIVISION OF ONE PARCEL INTO TWO PARCELS FOR DEVELOPMENT OF TWO NEW SINGLE - FAMILY RESIDENCES; AND TWO (2) CONDITIONAL USE PERMIT APPLICATIONS FOR BOTH UNITS HAVING MORE THAN 2,500 SQUARE FEET OF LIVING AREA, TO BE LOCATED AT 3177 ROSEMEAD PLACE IN THE R -1; SINGLE - FAMILY RESIDENTIAL ZONE (APN: 5289- 018 -053). Chairman Lopez asked the members of the Commission if there is any reason why Consent Calendar should not be accepted. None. MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSIONER HERRERA, to waive further reading and adopt said resolutions. Vote results: YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 5. MATTERS FROM THE CHAIRMAN AND COMMISSIONERS Commissioner Loi asked Planning Services Administrator Johnson if staff can change the Northern Chinese Restaurant menu by asking them to remove the "fake dog meat." Planning Services Administrator Johnson said staff will discuss this with restaurant management. Vice - Chairman Kelty questioned why the applicant for 8850 Barrette Avenue does not tear down the whole house. f Mrs. Mary of the project, stated that it Helen Estrada of 8850 Barrette Avenue the applicant Y pP p J was all that they can afford. Vice - Chairman Kelty said she should complement her architect for doing such a great job. Mrs. Estrada said that is where all her money went. She also said her first architect gave up, but her current architect has done a good job. 6. MATTERS FROM THE PLANNING DIRECTOR AND STAFF 7. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 7:52 p.m. BWJ/LT