PC-09-17-07CITY OF ROSEMEAD
PLANNING COMMISSION REGULAR MEETING
MINUTES
September 17, 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.
Vice - Chairman Kunioka led the Pledge of Allegiance.
Commissioner Bevington delivered the invocation.
ROLL CALL:
PRESENT: Chairman Lopez, Vice - Chairman Kunioka, Commissioners
Bevington, Cam, and Vuu
ABSENT: None
EX OFFICIO: Agaba, Trinh, 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
Chairman Lopez asked if anyone would like to speak on any items not on the agenda, to step
forward.
Mr. Jim Flournoy of 8655 Landis View, a resident, stated he's not sure if the Planning
Commission knows that Councilman Gary Taylor has appealed the Garvey School
District/ELAC project. He said he thinks the Planning Commission did a great job at
making their decision. He also said he wanted them to know they were very fair. He
said the Walmart Super Center is up for a one year review in September. He also said
he passed out some items of things that should be reviewed, such as seismic and cart
issues. He then suggested that the Planning Commissioners schedule a field trip and
take pictures.
3. PUBLIC HEARINGS
A. Conditional Use Permit 06 -1077 (Extension) - 2440 Pine Street. Victor Aguilar has
submitted a request for an extension for a previously approved application to allow a new
two -story addition to an existing single - family residence which will result in approximately
2,866 square feet of living area, located at 2440 Pine Street in the R -2 (Light Multi - Family
Residential) zone.
Rosemead Planning Commission Meeting. September 17, 2007
Presentation: Senior Planner George Agaba
Staff Recommendation: APPROVE — subject to the conditions, for six (6) months.
Senior Planner Agaba stated the applicant was present and asked the Commissioners if they
have any questions.
Chairman Lopez opened the public hearing to those IN FAVOR of this application:
Mr. Victor Aguilar of 2440 Pine Street, the applicant, stated his family wishes to extend
this project. He said his mom has recently passed away and he hopes the Planning
Commission will approve the extension of this project.
Mr. Flournoy said he supports this approval. He also said staff needs to let people know
that they must submit plans with new building codes. He said there should be a cutoff
time and staff should notify applicants somewhere down the line.
Chairman Lopez questioned if there is a cutoff time for people submitting applications.
Senior Planner Agaba said as far as Planning, no, but he'll check with the Building
Division.
Chairman Lopez agreed.
Senior Planner Agaba said he will double check with the Building Division on the cutoff
date.
Chairman Lopez opened the public hearing to those who wished to OPPOSE the application:
None.
Chairman Lopez closed the public hearing to the public and opened the public hearing to the
Commissioners.
Commissioner Bevington said Mr. Flournoy raised a great question. He wanted to know
if a condition can be added to make sure that the new building codes do not override their
approval.
Chairman Lopez agreed. He said as he recalls, old projects are grandfathered into new
amendments.
Commissioner Bevington questioned if any change is needed to be updated, or if it's
okay the way that it is.
Senior Planner Agaba said it was deemed complete prior to the adoption of the new
ordinance, so it is grandfathered in.
Rosemead Planning Commission Meeting.: September 17, 2007
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There being no one further wishing to address the Commission; Chairman Lopez closed the
public hearing segment for this project.
MOTION BY COMMISSIONER BEVINGTON, SECONDED BY COMMISSIONER VUU, to
APPROVE CONDITIONAL USE PERMIT 06 -1077 (EXTENSION).
Vote results:
YES: BEVINGTON, CAM, KUNIOKA, LOPEZ, AND VUU
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Chairman Lopez declared said motion duly carried and so ordered.
B. CONDITIONAL USE PERMIT 07 -1106 — 8921 Valley Boulevard. Kevin Imamoto of Que's
Bar and Grill has submitted an application for a Conditional Use Permit requesting
approval for the transfer of an existing On -Sale General Public Premises (Type 48) ABC
license. The subject site is located at 8921 Valley Boulevard, in the CBD -D (Central
Business District with a Design Overlay) zone.
Presentation: Senior Planner George Agaba
Staff Recommendation: APPROVE — subject to the conditions, for six (6) months.
Senior Planner Agaba stated the applicant was present and asked the Commissioners if they
have any questions.
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.
Chairman Lopez closed the public hearing to the public and opened the public hearing to the
Commissioners.
Commissioner Bevington stated he has visited the site and he doesn't think it meets the
City's current code requirements for access. He questioned what the minimum code
requirement for access is.
Senior Planner Agaba stated the minimum requirement is 10 feet.
Commissioner Bevington said the access for this driveway is 9.92 feet.
Rosemead Planning Commission Meeting: September 17, 2007
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George said the issue is that it's an existing driveway and an existing use. He added,
from the circulation standpoint, the adjacent properties to the west and east are normally
closed by 6 or 7pm. He said the driveways of some of the uses along Valley Boulevard
are 6 -7 feet substandard.
Commissioner Bevington said if code requirement is 10 feet minimum, he has no
objection. He said he just thought it was 12 feet.
Vice - Chairman Kunioka referred to Exhibit B and questioned if the applicant has a
reciprocal agreement to use the parking spaces adjacent to this property.
From the audience, Mr. Kevin Imamoto, the applicant, stated yes. He said they have
permission to use the upper spaces as well.
Vice - Chairman Kunioka said he just wanted clarification. He said although people park
on Valley Boulevard, they aren't entitled to street parking.
Mr. Imamoto stated yes.
Vice - Chairman Kunioka made a motion to approve. He said although there is over
concentration, it's a transfer of an ABC license and there hasn't been any service calls
from the Sheriff's Department.
There being no one further wishing to address the Commission; Chairman Lopez closed the
public hearing segment for this project.
MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY COMMISSIONER CAM, to
APPROVE CONDITIONAL USE PERMIT 07 -1106.
Vote results:
YES: BEVINGTON, CAM, KUNIOKA, LOPEZ, AND VUU
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
C. GENERAL PLAN AMENDMENT 07 -04. ZONE CHANGE 07 -227, CONDITIONAL USE
PERMIT'S 07 -1101 AND DESIGN REVIEW 07 -146 — 9800 & 9804 Valley Boulevard and
3852 Strang Avenue, along with a portion of the LA County Flood Control District's Eaton
Wash. Leo Wu has submitted several applications for a General Plan Amendment, Zone
Change, Conditional Use Permit, and Design Review for a 6,226 square -foot proposed
retail /office building. The subject site is located at 9800 & 9804 Valley Blvd. and 3852
Strang Avenue, in the C -31D (Medium Commercial with a Design Overlay) and R -1 (Single
Family Residential) zone.
Presentation: Senior Planner George Agaba
Staff Recommendation: APPROVE — subject to the conditions, for two (2) years.
Rosemead Planning Commission Meeting: September 17, 2007
Page 4 of 12
Senior Planner Agaba stated the applicant and representative were present and asked the
Commissioners if they had any questions.
Chairman Lopez opened the public hearing to anyone else IN FAVOR of this application:
Mr. Leo Wu of 67 E. Live Oak Avenue, Suite 201, Arcadia, the applicant and architect of
the project, thanked staff. He stated they accept all the conditions. He said there is one
point he wanted to point out. He said the shape of the lot is very unique. He also said all
articulation extends from the west to the east. He thinks the building is very important
because it's clearly exposed. He said this project will benefit Valley Blvd. and the City of
Rosemead.
Commissioner Bevington stated he doesn't think there's a driveway on Strang Avenue.
Mr. Wu stated there will only be one new driveway on Strang Avenue.
Commissioner Bevington stated there looks like there's no access for the LA County
flood channel easement.
Mr. Wu said the access for that easement will remain for access purposes only.
Commissioner Bevington questioned how they get access into the easement and parking
lot.
Mr. Wu said there is a driveway and a gate off Strang Avenue that accesses underneath
the new building.
Commissioner Bevington questioned if access is through Valley Boulevard.
Mr. Wu answered yes, for pedestrians.
Vice - Chairman Kunioka questioned if this project has been reviewed by the flood control
Mr. Wu stated yes.
Vice - Chairman Kunioka referred to Exhibit F, the project application and questioned why
#10 of the environmental application is marked no.
Senior Planner Agaba stated it's a standard application that they answer prior to
submittal. He said everything will be cleared up at final Building approval.
Vice - Chairman Kunioka referred to #12 regarding the Alquist - Priolo and #14 regarding
waste material and toxic substances of the environmental application and questioned if
their answers make a difference on what they check off.
Senior Planner Agaba said these questions are asked to make sure the applicant
provides upfront information. He said everything will be cleared prior to building permit
Rosemead Planning Commission Meeting: September 17, 2007
Page 5 of 12
issuance.
Vice- Chairman Kunioka said they are storing materials onsite and there is a possibility it
may leak.
Senior Planner Agaba stated through the building permit process, these issues are
reviewed.
Vice - Chairman Kunioka questioned if these items will be checked and considered as
factors.
Senior Planner Agaba stated yes.
Vice - Chairman Kunioka questioned condition 21, regarding water on the site.
Senior Planner Agaba stated this is a recommended condition from staff to make sure
the air quality impacts get resolved. He said staff wants to make sure the residential
properties to the south are not impacted by dust.
Vice - Chairman Kunioka said he thinks we should have a stronger condition. He said
from his recollection, AQMD rule 403 requires no dust leaving the site. He said we want
to make sure dust doesn't leave the site, so a stronger condition should be written.
Senior Planner Agaba stated that can be added.
Vice - Chairman Kunioka referred to condition 22 on speed limit. He said it's a small site
and 5mph is more reasonable on the site.
Senior Planner Agaba stated it's a standard condition.
Vice - Chairman Kunioka said he is curious on the south block wall that is bordering the
residential neighbors. He questioned if the applicant intends on installing that wall
because there is no condition added on that.
Senior Planner Agaba stated there is a proposal to the south.
Vice - Chairman Kunioka said he believes that wall is to screen from the neighbors. He
said it should be required if the neighbors would like it.
Commissioner Bevington questioned condition 13 and the 2% requirement.
Senior Planner Agaba said he's not sure, he will clarify with the Building Division to make
sure they meet the ADA requirement.
Attorney Yin commented on Vice - Chairman Kunioka's comment. He said condition 27
should be added, which states a block wall along the south property line shall be
installed.
Rosemead Planning Commission Meeting: September 17, 2007
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Senior Planner Agaba agreed.
Vice - Chairman Kunioka questioned if the applicant, in the future, decides to change the
retail use to office, would they be able to.
Senior Planner Agaba stated no. He said staff wants to make sure they are approved for
what they were approved for.
Vice - Chairman Kunioka said this is an improvement to that corner. He stated he wants
to make sure it'll stay as retail and not change to office.
Commissioner Bevington said it looks like it'll be a welcoming addition to the city.
Senior Planner Agaba asked Vice - Chairman Kunioka to clarify the language on condition
21.
Vice - Chairman Kunioka stated he wants to make sure fugitive dust control mitigation is
consistent with AQMD rules. He said if they water twice a day and dust leaves the site, it
means they're not consistent with AQMD.
Mr. Flournoy stated he thinks this will be a key project as it is an entrance to the City. He
questioned if there is anything coming for the site across the street.
Chairman Lopez stated staff will definitely do their work and make sure something comes
out of that.
Mr. Flournoy stated AQMD rule 403 should be there no matter what. He said the
Building Department has never enforced AQMD rule 403 or any other rule on dust. He
added, the building inspector should enforce this, but they don't. He said they should be
educated to do so and to enforce and follow through all conditions of approval.
Chairman Lopez refers the question to Attorney Yin regarding building inspection
enforcement.
Attorney Yin stated we can.
Chairman Lopez stated these things have to be taken care of.
Vice - Chairman Kunioka stated that is why he suggested that it is incorporated in the
conditions of approval.
Mr. Flournoy stated AQMD rule 403 covers a lot, besides just fugitive dust control. He
questioned if the path along Eaton Canyon Wash will be kept.
Chairman Lopez answered yes.
Mr. Flournoy stated toxic substances should be a condition of approval. He said if it's not
mentioned, the Building Department will not check on it.
Rosemead Planning Commission Meeting: September 17, 2007
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Chairman Lopez reiterated what Senior Planner Agaba said regarding how all the things
discussed are processes taken prior to building permit approval.
Mr. Flournoy said he's sure planning staff will do so, but building won't. He said
someone has to raise the flag.
Chairman Lopez asked Attorney Yin if something can be done to address that these
issues are taken care of.
Mr. Flournoy questioned if air conditioners have been discussed and where the
compressors will be located. He stated he doesn't like roof - mounted equipment.
Vice - Chairman Kunioka answered they are on the roof and shielded.
Senior Planner Agaba stated all equipment will be on the roof and staff will make sure it's
screened.
Mr. Flournoy stated roof - mounted equipment is noisy. He said staff needs to make sure
they use a specific kind of screening. Then he discussed about the block wall and
suggested that someone visits the CALTRANS website to obtain their designs that are
up to building code, in case of an earthquake. He said doing it from scratch is tough. He
said this project is not in the Alquist Priolo zone, but a Seismic Hazard Mapping Act
zone. He also said he thinks the City Geologist should review this project and find out
how the fault is. He said he suggests that a seismic hazard mapping analysis should be
done as well as a liquefaction test. He then asked the applicant if this is a conventional
construction.
Mr. Wu answered yes. He said it is wood frame.
Mr. Flournoy questioned if there is a development agreement.
Senior Planner Agaba answered no.
Mr. Flournoy ended by stating that he thinks this will be a great project.
Attorney Yin made a clarification regarding condition 21 to address Vice - Chairman
Kunioka's concern. He said the language should be, "During site grading, the site shall
be watered at least twice a day to reduce fugitive dust and shall meet all applicable
requirements and shall ensure consistency with AQMD rules and regulations."
Vice - Chairman Kunioka said that works for him.
Attorney Yin said with regards to the other concerns raised, we will remind the
Engineering Department.
Mr. Brian Lewin of 9501 Ralph Street, a resident, stated he thinks this project will be
really good. He said that part of Valley Boulevard is blighted. He questioned where the
Rosemead Planning Commission Meeting: September 17, 2007
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highly reflective material will be used.
Mr. Wu stated its storefront material for the windows facing Valley Boulevard.
Mr. Lewin said he is concerned, since its extremely reflective material.
Mr. Wu answered no.
Mr. Lewin said with sunset, it will reflect light.
Vice- Chairman Kunioka said it won't be a problem, since its shielded.
Mr. Lewin said he's just concerned about that, everything else is great.
Chairman Lopez asked Mr. Wu if he wanted to answer any questions that were raised.
Mr. Wu stated they will accept all the conditions, including the revised condition 21 and
installing a block wall along the south property line.
Mr. Flournoy questioned why this project is going to City Council, even after its approved
by the Planning Commission.
Chairman Lopez answered because of the zone change.
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 KUNIOKA, SECONDED BY COMMISSIONER VUU, to
APPROVE GENERAL PLAN AMENDMENT 07 -04, ZONE CHANGE 07 -227, CONDITIONAL
USE PERMIT'S 07 -1101, AND DESIGN REVIEW 07 -146.
Vote results:
YES: BEVINGTON, CAM, KUNIOKA, LOPEZ, AND VUU
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.
Rosemead Planning Commission Meeting: September 17, 2007
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A. A pproval of Minutes — September 5, 2007
Commissioner Bevington stated he would like to pull the minutes. He stated on the last
paragraph of page 10, it says, " ". He said he wants to clarify that the Commissioners
did not recuse. He said the Planning Commissioners suggested that the applicant and
neighbors meet to clarify their concerns.
Vice - Chairman questioned if we can clarify this statement in today's minutes.
Commissioner Bevington said he wants to clarify that the Commission just wanted them to
come up with a compromise.
Vice - Chairman Kunioka stated that the Commission can move for approval of the
minutes, but with the understanding that this is not a precedent to be used in the future.
Attorney Yin agreed.
B. Resolution No. 07 -46 — A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROSEMEAD APPROVING COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 062930 AND CONDITIONAL USE
PERMITS 05 -1041 THROUGH 05 -1046, REQUESTING TO SUBDIVIDE TWO EXISTING
PARCELS INTO SIX (6) PARCELS FOR THE DEVELOPMENT OF SIX (6) NEW SINGLE
FAMILY HOMES, ALL OF WHICH MEET OR EXCEED 2,500 SQUARE FEET OF LIVING
AREA, LOCATED AT 3832 & 3840 CHARLOTTE AVENUE IN THE R -1 (SINGLE FAMILY
RESIDENTIAL) ZONE (APNS: 5371-006-062,5371-005-036).
Chairman Lopez called Mr. Flournoy to speak.
Mr. Flournoy questioned the preservation of trees. He said he is concerned they will
remove the big tree in the front.
Chairman Lopez stated some trees will be preserved and some will be removed.
Senior Planner Agaba stated he thinks the big tree will be removed. He said when the
map is recorded; they will bring in the final landscaping plans.
Mr. Flournoy stated it is unacceptable for them to remove the tree.
Senior Planner Agaba stated the plot plan will probably be the same during the Building
plan check. He said he doesn't have the plans with him, but basically, the Planning
Division will still approve the same plan.
Mr. Flournoy asked if the tree is staying or going.
Senior Planner Agaba stated the planner that reviews the project will determine that.
Vice - Chairman Kunioka said it's not an oak tree, and it's their tree. We can't regulate big
trees on people's property.
Rosemead Planning Commission Meeting: September 17, 2007
Page 10 of 12
Mr. Flournoy then discussed about the setbacks of the second floor and said a structural
engineer should be required to look at this.
Vice - Chairman Kunioka said he's pretty sure it's a misunderstanding. He said when they
say a 17 -foot setback; they mean 17 -feet from the property line. ,
Mr. Flournoy stated over 4 feet requires a structural engineer to review. He then said the
project is close to two earthquake faults and a condition should be added to reference
that.
Vice - Chairman Kunioka stated general requirement is for sideyards to be setback 5 -feet
minimum.
Mr. Flournoy said that is a problem.
Senior Planner Agaba stated since it's a 6 -lot subdivision, he thinks the Building
Department will require a structural engineer to look at this project.
Commissioner Vuu said every plan that goes through the Building Department is required
to have a structural engineer to look at it.
Chairman Lopez asked for a motion for approval of the other items on the Consent Calendar.
MOTION BY BEVINGTON SECONDED BY VICE- CHAIRMAN KUNIOKA, TO WAIVE
FURTHER READING AND ADOPT CONSENT CALENDAR.
Vote results:
YES: BEVINGTON, CAM, KUNIOKA, LOPEZ AND VUU
NO: NONE
ABSENT: NONE
ABSTAIN: NONE
Chairman Lopez declared said motion duly carried and so ordered.
5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS
Commissioner Vuu said he has comments regarding Vice - Chairman Kunioka's concern on
the mitigation of dusts. He said it's called erosion control and Building does address those
issues. He said Building Department must look at structural. He said they look beyond the
Planning Department. He said Building Department does look into dust mitigation.
Vice - Chairman Kunioka thanked Commissioner Vuu for the clarification.
6. MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF
Rosemead Planning Commission Meeting.: September 17, 2007
Page 11 of 12
Senior Planner Agaba stated staff has noticed two mixed -use projects that will be held on
October 15, 2007.
7. ADJOURNMENT
Chairman Lopez adjourned the Planning Commission Meeting at 8:12 p.m.
MOTION BY COMMISSIONER BEVINGTON, SECONDED BY VICE - CHAIRMAN
KUNIOKA to ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING
COMMISSION MEETING.
M E /LT
Rosemead Planning Commission Meeting.: September 17, 2007
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