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PC-05-07-07CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES May 7, 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 Herrera led the Pledge of Allegiance. Chairman Lopez delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice - Chairman Kelty, Commissioners, Herrera and Loi EX OFFICIO: Agaba, Bermejo, Johnson, Nash, Trinh, and Yin 1. APPROVAL OF MINUTES Minutes of April 2, 2007 MOTION BY COMMISSIONER HERRERA, SECONDED BY COMMISSIONER LOI, that the minutes of the City of Rosemead Regular Planning Commission Meeting of April 2, 2007, be APPROVED as submitted. Vote results: YES: 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 Planning Services Administrator Johnson 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. 1 PUBLIC HEARING A. CONDITIONAL USE PERMIT 07 -1088 — 8630 Garvey Avenue. Bill Yip, business owner of Wheel House Tires, has submitted an application requesting approval for an automotive specialty business that will install tires and rims on vehicles inside an existing industrial building that is located at 8630 Garvey, in the M -1 (Light Industrial) Zone. Presentation: Senior Planner Laura Nash Staff Recommendation: APPROVE — subject to the conditions, for six (6) months. Senior Planner Nash stated the applicant was present and asked the Commissioners if they had any questions. Chairman Lopez called for questions from the Commissioners. Vice - Chairman Kelty questioned if there is a danger of carbon monoxide inside the building with all the work being done. Senior Planner Nash said within the building there is already a ventilation system. She also said the applicant has indicated that they will install whatever is necessary through the building review process. Vice - Chairman Kelty said he doesn't feel like they're doing minor renovation, if they are adding a compressor and four hydraulic lifts inside. Senior Planner Nash said the applicant may explain it more. She also said it has not been installed yet. Vice - Chairman Kelty wanted clarification that they have proper ventilation. Senior Planner Nash said yes, they do. Chairman Lopez questioned when the used tires will be picked up. Senior Planner Nash said it was initially suppose to be picked up once a week, but the applicant has decided to have it picked up daily, instead, to prevent odor. Chairman Lopez questioned where the tires will be stored. Senior Planner Nash said it will be stored inside at the rear of the building away from the hydraulic lifts. 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 VICE - CHAIRMAN KELTY, SECONDED BY COMMISSIONER LOI, to APPROVE CONDITIONAL USE PERMIT 07 -1088. Vote results: YES: 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 07 -1087 — 3219 N. San Gabriel Boulevard. Trung Vuong of Tuong Ky Restaurant has submitted an application requesting approval for a transfer of an On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating place located at 3219 N. San Gabriel Boulevard, in the C -3, Medium Commercial Zone. 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 Loi questioned if the applicant needs to come into City Hall to apply for a sign change. He also questioned if they can continue operating their business. Senior Planner Agaba said the sign is an issue. He also said there is a condition that states the applicant shall work with staff on the pole and wall mounted sign. Commissioner Herrera questioned if there has been any complaints about the parking deficiency issue. Planning Services Administrator Johnson said over the years, he hasn't heard any complaints. Vice - Chairman Kelty questioned why the ABC concentration number in item B is different from item C. Planning Services Administrator Johnson said he doesn't recall if they look at every census tract with that same ratio, but he will find out. Vice - Chairman Kelty said he doesn't see a condition in the body about updating the landscape. Senior Planner Agaba said condition #15 addresses landscaping. Vice - Chairman Kelty said he would be more comfortable with a sentence that says they need to submit plans. Planning Services Administrator Johnson said staff will modify condition #15. Vice - Chairman Kelty questioned if the trash enclosure is open. Senior Planner Agaba said it's open with two doors. Vice - Chairman Kelty questioned if there is a block wall, so it's not visible? Senior Planner Agaba said there is a block wall all around, but the gate is old and staff is requiring the applicant to repaint it. Vice - Chairman Kelty questions condition #8. Senior Planner Agaba said condition #9 ties in with condition #16. He said when staff visited the site; there were things that were stored outside. He also said condition #9 basically states the site shall be maintained, to prevent outside storage. Vice - Chairman Kelty said condition #9 refers to graffiti. Senior Planner Agaba said it's a standard condition. Vice - Chairman Kelty questioned if the open trash enclosure will impact the neighbors next door. Senior Planner Agaba stated there is an existing fence on the south side of the existing trash enclosure. He also said a condition was added that requires the applicant to improve the planter on the south side. He said once the planters are replanted the trash enclosure will not have an impact on the neighbors. Vice - Chairman Kelty said he just wants to make sure there is no impact. 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. Commissioner Loi asked the applicant to come forward. He said the sign that has been installed has not been approved by the City and asked the applicant if she can come into City Hall to pull a permit. Ms. Tiffany Ta of 9161 Hermosa Drive, Temple City, California, stated she will come in sometime during the week. 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 07 -1087. Vote results: YES: HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. C. CONDITIONAL USE PERMIT 07 -1091 — 8450 E. Valley Boulevard, #114 & 115. Gang Li, business owner of Ji Rong 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 Blvd, Units 114 & 115 in the C -31D, Medium Commercial with a Design Overlay Zone. 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 Loi questioned the ABC concentration. He said it was 1,192 on the previous item and 1,185 on this item. He wanted clarification on which number is correct. City Attorney Yin said staff will do research on that. Commissioner Loi said he is concerned about parking. He also said in some locations, especially where the 888 Seafood Restaurant is, you can see people walking across the street. He suggested that staff has a parking study done. Planning Services Administrator Johnson said a majority of the shopping centers in the City of Rosemead that were approved by prior Planning Commission or City Council did not have a limitation put on the amount of square footage or percentage of restaurant uses. He said Empire Center has a saturation point where too many restaurants cause a parking impact. He said in the future, the City's zoning code will be amended to set limitations on food and drink uses in centers. He added, east of this parcel is the vacant Southern California Edison park and the developer is proposing to construct three new buildings under the transmission line easement. He said staff has asked them to do a reciprocal parking with ingress /egress easement with this shopping center and they signed the conditions of approval. He said it has different peak hours from the shopping center, so he hopes that they can share parking. Commissioner Loi said the cause is over capacity. Planning Services Administrator Johnson said if there is a need to contact the Fire Marshall during the weekend, he will forward this to the Fire Chief. Commissioner Loi said it should be done. Planning Services Administrator Johnson said he will forward that information. Vice - Chairman Kelty discussed about the ABC concentration and suggested that staff take an average of adjacent census units. Planning Services Administrator Johnson said the state has its limitations and ratios. He also said from a legal perspective, it doesn't make sense. Vice - Chairman Kelty questioned if the state will tell staff how much it is. Planning Services Administrator Johnson said it's easier for applications to be approved with bona fide eating establishments, rather than off - sales. Vice - Chairman Kelty questioned if the shopping across the street from the Empire Center belong to San Gabriel and whether it has any impact on Rosemead. Planning Services Administrator Johnson said no. He said it belongs to the San Gabriel census tract. Vice - Chairman Kelty questioned if ABC tells staff how many is allowed. Planning Services Administrator Johnson said staff contacts ABC and they fax over information. Chairman Lopez questioned if ABC takes San Gabriel into consideration. Planning Services Administrator Johnson stated no. He said they take each census tract individually. Vice- Chairman Kelty questioned if the police report is within the shopping center. Planning Services Administrator Johnson said it goes by address and it may not be necessarily correct. Vice - Chairman Kelty questioned if there are reports on pedestrians hit by cars. Planning Services Administrator Johnson answered no, unless someone calls in. 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 this 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 HERRERA, to APPROVE CONDITIONAL USE PERMIT 07 -1091. Vote results: YES: HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. D. DESIGN REVIEW 06 -143 — 8907 Glendon Way. Larry Ng has submitted a design review application proposing to construct a seven (7) unit apartment complex at 8907 Glendon Way. The apartment complex will be three stories high with enclosed garages located at ground level and two floors of residential living space above. The subject site is located in the P -O (Professional Office) zone which allows apartment complexes. Presentation: Senior Planner Laura Nash Staff Recommendation: APPROVE — subject to the conditions, for one (1) year Senior Planner Nash stated the applicant and architect were present and asked the Commissioners if they had any questions. Chairman Lopez called for questions from the Commissioners. Vice - Chairman Kelty questioned what the current City code is for fence heights. Planning Services Administrator Johnson said there are no heights restrictions in an R- 3 zone, only in R -1 & R -2 zones. Vice - Chairman Kelty questioned if it has to comply with ADA. Planning Services Administrator Johnson answered yes, there are ADA issues. He said the architect will have to go over the codes with the building inspectors. Chairman Lopez questioned if this is the first three -story project in Rosemead. He stated his privacy concerns for neighboring properties. He questioned what will be done to ensure that. Planning Services Administrator Johnson said the entire block and surroundings consist of multi - family and mixed -use. He said it's a less concern than a single - family residential zone. He doesn't think it's the first three -story because there are three -story condominiums under construction on Del Mar Avenue. Chairman Lopez said the garage system is level with the property and questioned if it should be dug deeper. Planning Services Administrator Johnson said the fire department wanted a turnaround fire truck apparatus. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Mr. Larry Ng of 2767 Doresta Road, San Marino, California, the applicant, thanked the Planning Commission and staff. He said he and his architect, Stephen Lam, have worked hard on this project and are very excited on the possibility of building this project. He thinks it will be beneficial to the City of Rosemead. Mr. Stephen Lam of 1028 Westminster Avenue, Alhambra, California, the architect of the project, stated that he wants to clarify some of the questions. He said the Los Angeles County Fire Department (LACFD) is very strict in terms of fire entrance and exits. He also said the LACFD insisted on a turnaround at a 10 foot angle, 90 degrees. Mr. Lam said they have to comply with all applicable 2007 codes. He said his adjoining neighbors are legal, but they are existing non - conforming. He said his client also owns 8915 Glendon Way. He said in today's codes, you can no longer have carports due to side yard setbacks. He also said with today's codes, you cannot build 8915 the way it is. He then discussed about 8903 Glendon Way and said it has an 18 foot driveway; however, today's code requires a 26 foot driveway. Mr. Lam continued by expressing his appreciation towards Planning Services Administrator Johnson for understanding this situation and working with the LACFD. He said Steve Widmeyer, the Plan Check Supervisor, did a preliminary plan check for this project and said this project is classified as a two -story over basement parking. I i Chairman Lopez asked if there is anyone else in the audience who wished to speak 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 DESIGN REVIEW 06 -143. Vote results: YES: HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. E. PLANNED DEVELOPMENT REVIEW 06 -05 AND ZONE VARIANCE 07 -347 — 4800 Delta Avenue. Victor Nelson, of Mission Care and Rehabilitation, has submitted a Planned Development Review application for the remodel of an existing skilled nursing facility, resulting in an additional 1,075 square feet of building area, as well as for fagade renovations and new signage. This proposal also includes a request to remove a small parking lot area onsite, located along Delta Avenue, consisting of six parking spaces, to create a landscaped esplanade leading up to a new main building entrance. The Planned Development Review application is accompanied by a Zone Variance application to allow development with less than the required number of parking spaces. The subject site is located at 4800 Delta Avenue, in the PD (Planned Development) Zone. Presentation: Associate Planner Sheri Bermejo Staff Recommendation: APPROVE — subject to the conditions, for six (6) months. Associate Planner Bermejo 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 how the 85 parking spaces are calculated. Associate Planner Bermejo said staff counted how many parking spaces are on site today. Commissioner Loi stated exhibit B shows 88 spaces. Associate Planner Bermejo said the plan is incorrect and will be revised. Commissioner Herrera questioned how many beds are in the facility? Associate Planner Bermejo said the nursing facility has a total of 58 beds, so their facility alone would require having 58 spaces. She also said the nursing facility shares the entire site with another residential -care facility that has a total of 63 beds for the elderly and 80 bed independent living facility. Altogether, a total of 201 beds will be located on the entire property. Commissioner Herrera questioned how many beds this project consists of. Associate Planner Bermejo stated 58 beds. Commissioner Herrera wanted clarification that with this addition, they will not exceed 58 beds. Associate Planner Bermejo said that's correct. If they wanted to add more beds, they would have to come into City Hall and show their tenant improvement plans. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Mr. Jay Stevens of 4800 Delta Avenue, Rosemead, California, the Operations Manager of Mission Care and Rehabilitation, stated that although it's required that they have 58 parking spaces for 58 beds, they have never had a patient drive to and from the facility. He said the current parking lot is basically for staff and guests. He also said the six spaces that are going to be replaced per plans are being used by staff and they will be asked to use the parking lot to the north. Vice - Chairman Kelty questioned the status of the exterior renovations. Mr. Stevens stated that it's part of the living facility, which is a different organization. Vice - Chairman Kelty said he noticed that they are not making any changes to the existing entrance on Delta Avenue. Mr. Stevens answered no, with the exception of removing the monument. Vice - Chairman Kelty questioned if there are any future plans to remodel the entrance to be more compatible with the building. Mr. Stevens stated the monument and banner will be removed, indicating an entrance. 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 PLANNED DEVELOPMENT REVIEW 06 -05 AND ZONE VARIANCE 07 -347. Vote results: YES: HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. F. DESIGN REVIEW 05 -132, ZONE VARIANCE 05 -330. AND ZONE VARIANCE 06 -340 — 8815 -8855 E. Valley Boulevard. This is a City initiated modification of conditions of approval for parking variances that were approved on July 3, 2006 by the Planning Commission. The modification is to remove the original conditions of approval requiring written letters of approval allowing joint parking lot striping plans and written approval to allow joint development concepts, between the two property owners. This public hearing will also consider modifications to the project site plan /exterior elevation design, for the remodel of the Rosemead Shopping Center located at 8815 -8855 E. Valley Boulevard in the CBD -D; Central Business District - Design Overlay, Zoning District. Presentation: Planning Services Administrator Brad Johnson Staff Recommendation: APPROVE. Planning Services Administrator Johnson stated the applicants and representatives were present and asked the Commissioners if they had any questions. Chairman Lopez called for questions from the Commissioners. Commissioner Loi questioned if a redesign for the parking lot will be done. Planning Services Administrator Johnson stated the original design included upgrading all landscaped areas and lighting facilities in the parking lot. He said staff feels that all of that is still a component of the approval process. He also said the conceptual landscape plans and complete fagade renovations for all spaces, excluding the postal office, are still part of the approval and must be completed. Commissioner Loi questioned if a change to the design of the parking lot would be done if the 9,000 square foot restaurant remains. Planning Services Administrator Johnson said they would have to shift a few stalls because they will gain a few stalls without the addition of the new building. He also said there will still be insufficient parking for the shopping center. Chairman Lopez questioned if the parking situation will change today, since there is an existing restaurant. Planning Services Administrator Johnson said the only change is the two new uses in the ground floor of the Universal Bank building. He also said it still needs to be determined what will be occupying the existing fabric store, which is 12,000 square feet. He said Mr. Bob Nguyen is proposing to subdivide the space, and there is still a desire to put at least one food tenant in one of the spaces. He also said staff is comfortable with letting the existing restaurant (Valley Grill) reoccupy as a restaurant as well as the other tenant space in the fabric store. Chairman Lopez questioned if the entrance lane will be eliminated and used as parking with the elimination of the new building and remodeling of the existing restaurant. Planning Services Administrator Johnson answered no. He said it's still staff's recommendation to keep that wide main entry. He also said with re- striping the lanes and widening landscape planters, the forty foot reciprocal access easement between the two property owners could still get a nice main landscape entry. Commissioner Loi questioned if the existing restaurant can reopen as another restaurant. Planning Services Administrator Johnson answered yes. Vice - Chairman Kelty questioned if the proposed parking in front of the setback will still be installed. Planning Services Administrator Johnson stated from his understanding, they will still be installed. Vice - Chairman Kelty questioned reciprocal parking, since neither parcel have sufficient parking. Planning Services Administrator Johnson said looking at the square footage of Universal Bank, if it's computed by office calculation, they would need 120 stalls. He said it's more dependent on the easement for parking. Vice- Chairman Kelty questioned if Universal Bank would have to provide more parking stalls or be grandfathered in if they redevelop. Planning Services Administrator stated that Universal Bank would not be required to add additional parking stalls on their parcel. Chairman Lopez opened the public hearing to those IN FAVOR of this application Mr. Brian Lewin of 9501 Ralph Street, a Rosemead resident, stood up and stated he is unsure of whether he is in favor or against the project. He said he's been a long time Rosemead resident and would really like to see something done to that shopping center. He also said he remembers when it bounced around City Council. He said parking is already a concern and putting a high capacity restaurant may generate more parking problems. He thinks any kind of restaurant should be very carefully considered, because parking is a serious concern. He said a parking structure, underground or above ground that would address the issue would be great. Chairman Lopez said it's a question for Planning Services Administrator Johnson. Planning Services Administrator Johnson stated if the Nguyen's wanted to add the entire 12,000 square feet as a restaurant, he can understand that it would be a concern of impact. He said staff has had discussions and are comfortable with having one third of the 12,000 square feet to be occupied by a restaurant. He also said it may be a legal question staff has to put more research into. Planning Services Administrator Johnson said it's not a huge issue at the Rosemead Place shopping center, where there are hundreds of parking stalls, but may pose an issue at small mini - malls. He also said it's an issue that staff looks into. Vice - Chairman Kelty questioned if any count has been made during busy hours to see how full the parking lot is. Planning Services Administrator Johnson said a parking study was done quite some time ago. He also said it was taken during peak hour on a Saturday at noon and was not supported. He said when they lowered the square footage to 9,000; parking counts were taken at peak hours and there were parking stalls available. He added there were vacancies in the center, so that may be a reason. He also said there are street parking available on Ivar, Muscatel, and Valley, but overflow parking to residential neighborhoods is not promoted. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application: Mr. John Henning of 125 N. Sweetzer Avenue, Los Angeles, California, the attorney for Bob Nguyen, stated they oppose the probation of this Commission and handed out a survey from a year and a half ago of the center. He said Mr. Nguyen has indicated to staff that it's not his first choice to remodel the center without being able to build anything else. He also said it may be a choice that Mr. Nguyen may not make. He then said that if the Planning Commission and City Council puts Mr. Nguyen in a position where his only alternative is to remodel the center, with no additional revenue coming in from any kind of new construction, it may not be worth his trouble and finance. He said with this done, there will be no addition to square footage, and instead, there will be a subtraction of square footage. He also said he thinks the Planning Commission still has authority to guide the center's development. Mr. Henning said Mr. Nguyen basically wants to build a 9,000 square foot building in the farthest southwest corner of the center and tear down the existing Valley Grill restaurant, which will open more parking room space. He also said Mr. Nguyen would also love to create 26 new parking spaces in front of the shops extending from the Rosemead Supermarket to the postal office. He said with the subtraction of Valley Grill and the addition of the 9,000 square foot building, he would only be adding 3400 net square feet to the center. He also said it increases parking to 45 more spaces and it's a win win situation for both parties. He said Mr. Lee gets parking that he's never had, but he's still opposing it because of leverage. He wants to build a restaurant which dramatically magnifies the parking deed that's generated by this building and refuse Mr. Nguyen to build something new. He also said essentially, Mr. Lee can extort Mr. Nguyen for doing that or some other kind of concession. Mr. Henning said there is a relationship between the two owners by which Mr. Nguyen provides Mr. Lee with various utilities and cleans up the lot and there are certain ambiguities about how much money should be paid for those kinds of services. He also said anyone in that situation would want leverage over the other property, that's why Mr. Lee is opposing Mr. Nguyen's proposal. He said the Planning Commission, Traffic Commission, City Council, and traffic engineer have agreed that building a 9,000 square foot building at that corner is a better solution. Mr. Henning said the Planning Commission and City Council have the ability to make Mr. Lee allow Mr. Nguyen to build the new building and make Mr. Nguyen allow Mr. Lee to have his restaurant. He thinks the Commission should have conditions that say one party cannot build their project, unless the other party agrees to builds theirs, in writing. He said there aren't any ambiguities; everything is laid down on the site plan, so all Mr. Lee needs to do is take a pen and paper and sign. He also said withdrawing these conditions will just invigorate Mr. Lee to continue to refuse to build. He said Mr. Lee keeps hoping that the Planning Commission and City Council will withdraw these conditions. He stated Mr. Lee has no incentive to seek to it that Mr. Nguyen has what he needs. He also said it's not the City's best interest to create a situation where one area is redeveloped and another area isn't. Mr. Henning then stated the property was once owned by one person and they decided to split off a piece and allowed it to be a separate piece of property and created easements on both pieces, so they can both use each other's parking. He said the Universal Bank building was an office building when it was built, so it's not intended to become a restaurant. He stated lawsuits can occur if Mr. Lee starts building his project. He then said a concrete proposal needs to be made. He said Mr. Lee assumes that he has the majority vote on City Council and they want to challenge that assumption with the new Council. He feels that if the City withdraws the conditions, it'll be a different project and codes are violated. He ended by stating that he would like to ask the Planning Commission to not be worn down by the argument that's being made by Mr. Lee. Chairman Lopez said it's been over a year and it's time to move on, whether it's through Council, or the courts. He said the same argument is being brought back and even with the addition of 45 spaces, it will still create an abundance issue. Chairman Lopez asked the Planning Commissioner's if they had any questions. Commissioner Herrera said Mr. Henning's presentation was great. Commissioner Loi asked Mr. Eric Lee for his point of view. Mr. Eric Lee of 14500 E. Valley Boulevard, City of Industry, CA, the owner of the Universal Bank building stated he did not bring his attorney because everything that's said has been said. He questioned why Mr. Henning claims that he is trying to extort Mr. Nguyen. He said he doesn't know what to say because it's taken so long already. He ended by saying that he wants to see what the attorney has to say. Commissioner Loi questioned why Mr. Lee is rejecting Mr. Nguyen's proposal of building a 9,000 square foot building. Mr. Lee said there is a whole list of reasons, but he's not an attorney, so he can't give the legal reasons. He also said he has his reasons. Commissioner Loi questioned why he did not object to the addition of the 9,000 square foot building at the previous Planning Commission meetings. Mr. Lee said he has always objected to that 9,000 square foot building. Commissioner Herrera questioned if there was anything that he could say as to why he objects it. Mr. Lee answered no. Chairman Lopez questioned if there was anyone else in the audience who wished to oppose this application. None. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. Chairman Lopez asked the Planning Commissioner's for a motion. Commissioner Loi stated it's very difficult, but it's unfortunate that they still have arguments over the parking lot. Planning Services Administrator Johnson said staffs recommendation to rescind the approval of the 9,000 square foot building was put into staff report tonight as a deletion of a third condition of approval because it was staff's opinion that Mr. Nguyen has a desire to re- tenant Valley Grill. He also said he's hearing a strong desire to build that 9,000 square foot building tonight. He said he's hearing different stories from Mr. Nguyen. One week, applicants would visit City Hall, inquiring about the renovation of Valley Grill and the next week, they are absolutely opposing the renovation. He said from what he is hearing, the restaurant owners don't want to back down at all tonight, so perhaps staff needs to modify these conditions and not delete Condition #2 of Planning Commission Resolution 06 -26 and let everything stand approved by the Planning Commission in past hearings and let the appeals go where they go. He also said the things he heard at this meeting are different from what he's heard before and perhaps Mr. Henning can address this before its deleted. Mr. Henning said the owners prefer building the 9,000 square foot building, but there's a practical issue. They fear that Mr. Lee will sue them for violating his easement. He said it's a technical risk. He also said they would like the approval without the conditions being deleted. He said the Planning Commission and City Council have a distinct and unique role in this and can say that no matter what the easement says, you can't build your restaurant if they can't build theirs. Planning Services Administrator Johnson questioned what the owner desires, if the conditions are removed. Mr. Henning stated if the 9,000 square foot building was deleted, the only fallback would ultimately be to occupy Valley Grill, but it's very possible that no proposal will be made in that regard because of revenue issues. He said he doesn't know if it's necessary for the owner to have an approval on that because they don't need an approval to reopen Valley Grill. He said the question is whether they would renovate Valley Grill Planning Services Administrator Johnson said the Planning Commission should think about not deleting Condition #2 then. Commissioner Loi questioned if the recommendation today should be modified if that condition is kept. Planning Services Administrator Johnson said staff is put in a serious position and was pressured from the owner that if there are applicants at the counter who want to process permits to renovate Valley Grill, don't hold them up to it. He also said now, staff hears opposite stories. He said ultimately, it will be appealed to City Council. Chairman Lopez said questioned if it's moved to City Council with an approval tonight. Planning Services Administrator Johnson said he has a feeling it will be appealed by one party or another. Chairman Lopez said questioned if the hearing tonight deals with the design review. Planning Services Administrator said tonight's hearing deals with the agreement of the parking lot sizing plan between the two parties. Chairman Lopez said we need to move on with this. He said no matter what is done, it needs to go to City Council. He also said a decision needs to be made, whether changes will be made or not. Vice - Chairman Kelty questioned if the Planning Commission can move to disapprove the recommendations. Commissioner Herrera said with respect to exception to Condition #2. Chairman Lopez stated yes. MOTION BY VICE - CHAIRMAN KELTY, SECONDED BY COMMISSIONER LOI, to DENY THIS APPROVAL AND LET IT STAND. Vote results: YES: 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 party may request an item from the consent calendar to be discussed separately. A. Resolution No. 07 -22 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 07 -1082, FOR TRANSFER OF AN EXISTING OFF -SALE GENERAL (TYPE 21) ABC LICENSE FOR A LIQUOR STORE, LOCATED AT 9341 VALLEY BOULEVARD IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE (APN: 5391 - 014 -016). B. Resolution No. 07 -23 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING TENTATIVE TRACT MAP 53660 AND PLANNED DEVELOPMENT REVIEW 04 -02, FOR THE DEVELOPMENT OF EIGHT (8) SINGLE - FAMILY RESIDENCES WITH A PRIVATE STREET, LOCATED AT 7621 -7637 GARVALIA AVENUE (APN: 5285- 031 -005 AND 5285 - 031 -022). C. Resolution No. 07 -24 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 07 -144, FOR THE EXTERIOR FRONT FAQADE REMODEL, INSTALLATION OF CHANNEL LETTER SIGN, REMOVE THE EXISTING POLE SIGN AND IMPROVE LANDSCAPE AT AN EXISTING BUILDING TO BE USED FOR THE OPERATION OF "KING'S GARDEN RESTAURANT" LOCATED AT 8772 VALLEY BOULEVARD IN THE C -3D; MEDIUM COMMERCIAL ZONE WITH A DESIGN OVERLAY (APN: 5390 - 010 -038). D. Resolution No. 07 -25 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING TENTATIVE PARCEL MAP NO 068743, CONDTIONAL USE PERMIT 06- 1080 AND CONDITIONAL USE PERMIT 06 -1081 REQUESTING TO SUBDIVIDE ONE EXISTING PARCEL INTO TWO PARCELS IN ORDER TO CONSTRUCT TWO SINGLE - FAMILY DETACHED RESIDENCES WITH MORE THAN 2,500 SQUARE FEET OF LIVING AREA. ALL PARCELS ARE LOCATED AT 3055 SULLIVAN AND THE SUBJECT PROPERTY IS CURRENTLY ZONED R -1 (SINGLE- FAMILY RESIDENTIAL) ZONE. Chairman Lopez asked the members of the Commission if there is any reason why Consent Calendar should not be accepted. None. MOTION BY COMMISSIONER HERRERA, SECONDED BY COMMISSIONER LOI, to waive further reading and adopt said resolutions. Vote results: YES: 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 Vice - Chairman Kelty wanted a follow up on the ads at Rosemead High School. Planning Services Administrator Johnson said the City Manager has contacted the Principal to work jointly on improvements on Rosemead Boulevard. He added that he does not have a legal opinion on that. Vice - Chairman Kelty questioned the improved landscaping at Mission Valley Liquor Mart. Planning Services Administrator Johnson said staff has met with the property owners and they were not pleased. He said they have agreed to install potted plants. He also said he has spoken to the City Engineer and the Parks and Recreation staff and there hasn't been a positive response. He added that staff hopes to have enough budget for trees next year. Chairman Lopez questioned the graffiti around the whole neighborhood on Ramona. Planning Services Administrator Johnson said staff's been out of the office, but the City is trying to increase staff. He said the City is looking at ways to improve it. He also said staff is proposing to put ivy along that wall for the next fiscal budget, so it's not tagged everyday. Chairman Lopez said it's very filthy across the street from Rosemead High School. Planning Services Administrator Johnson said he's pretty sure it's Caltrans, but he will check with the City Engineer. Commissioner Loi questioned the vacant property on Garvey Avenue and Dorothy Street. He said it's filled with graffiti. He added Emerson Place to Hellman Avenue is filled with graffiti. Planning Services Administrator Johnson said he has driven along Del Mar Avenue and has noticed a lot of graffiti. He then apologized to the Planning Commissioners and said the City is working on it. Commissioner Loi questioned reward. Planning Services Administrator Johnson said it hasn't been successful. Commissioner Loi suggested increasing the reward. Planning Services Administrator Johnson said staff is working on this and more people walking the streets at night will decline the tagging. Chairman Lopez questioned the number of police staff. Planning Services Administrator Johnson said the Rosemead team consists of five special assignment deputies, three motor officers that give citations and radar, and four patrol cars that are always in the City. Chairman Lopez questioned if that amount of police staff is enough for the City of Rosemead. Planning Services Administrator Johnson stated he's unsure. He said there is a new lieutenant and a new Public Safety Director. He thinks more communication is needed. He referred to an article from the previous weekend and said miscommunication is the problem. Commissioner Loi questioned if the present Planning Commissioners will be present for the next meeting. Planning Services Administrator Johnson stated yes. He said he doesn't anticipate new Planning Commissioners for the next meeting because interviews take place on May 14 and the appointments have to be on the City Council agenda. Chairman Lopez asked Commissioner Herrera if she will return in a few years. Commissioner Herrera said she will probably apply again in a few years. Chairman Lopez said it's been a pleasure working with all the Planning Commissioners, the City Attorney, and staff. City Attorney Yin said he's new to the City, but it's been inspiring to see all the Planning Commissioners get along so well. Chairman Lopez thanked everyone. Commissioner Herrera congratulated Associate Planner Bermejo on her pregnancy. C MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF Planning Services Administrator Johnson welcomed City Attorney George Yin. He said he is the new legal representation. He also welcomed Senior Planner Laura Nash. He stated she has been the City's contract planner. Chairman Lopez asked Mr. Lewin if he had any questions. Mr. Lewin said he is a candidate applying for Planning Commission and would like to know what is most challenging about the job. Chairman Lopez stated being the Chairman. He said the Chairman directs the meeting. He also said the seat is rotated yearly. He said being Chairman is fun; it's something that you give back to the community. He added that it's very rewarding to be Chairman. Mr. Lewin said he wants to contribute to the City, so he applied. Commissioner Herrera said it's been a pleasure for her. Mr. Lewin questioned how representative was this meeting. Planning Services Administrator Johnson said there was a row of students, which don't usually show up. Vice - Chairman Kelty said there are a heavy number of items on this agenda. Mr. Lewin thanked the Planning Commissioners. 7. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 9:40 p.m. BJ /LT