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PC-10-15-07CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES October 15, 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. Chairman Lopez led the Pledge of Allegiance. Commissioner Cam delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice - Chairman Kunioka, Commissioners Bevington and Cam ABSENT: Commissioner Vuu EX OFFICIO: Agaba, Lopez, Trinh, and Yin Assistant City Manager Brian Saeki introduced Matt Everling as the new Planning Services Administrator. 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 will read a couple of things from the City's Building Codes. He said both mixed use projects today are not in the Alquist - Priolo Fault Zone. He also said single family residences need fault location studies. He said commercial projects... He said the Del Mar project doesn't fall under the Alquist Priolo zone, however, it falls along the fault line zone. He questioned if fault studies are done for projects. Chairman Lopez stated they are required prior to final building permit. Mr. Flournoy stated he put in a public records request today, asking for copies of the fault investigation for these projects to determine if the Building Division is doing their job and following building codes. Rosemead Planning Commission Meeting: October 15, 2007 Page 1 of 10 Chairman Lopez agreed. Mr. Flournoy stated he will get the information and bring it back in a couple of weeks. 3. PUBLIC HEARINGS A. General Plan Amendment 07 -06 Zone Change 05 -222, Conditional Use Permit 06 -1064, Planned Development Review 06 -04 and Tentative Tract Map 069079 — 9016 Guess Street and 3862 Rosemead Boulevard. Long Bach Trinh has submitted applications for a new mixed -use development project consisting of 32 residential condominium units (totaling 38,065 square feet) above 10,845 square feet of commercial /retail /restaurant space on 1.04 acres of land located at 9016 Guess Avenue 3862 Rosemead Boulevard, in the R -3 (Medium Multiple Residential) zone. Presentation: Senior Planner George Agaba Staff Recommendation: APPROVE — subject to the conditions, for two (2) years. Senior Planner Agaba stated the applicant and representatives were present and asked the Commissioners if they have any questions. Attorney Yin stated there are two additional conditions that will be added to the Conditions of Approval. The first is, "The conditional use permit is granted or approved with the city and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit -- including the conditions of approval - -based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on this conditional use permit." He then said the second is, "The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the planning commission and /or city council concerning the project, which action is brought within the time period provided by law." Chairman Lopez opened the public hearing to people in the audience: Mrs. Marcelina Hernandez of 9020 Guess Street, a neighboring resident, questioned when they will start their work. She said her husband has Alzheimer's and he doesn't like the noise. She said a 10 -foot wall needs to be added to protect her property. She wants to make sure they will take responsibility if anything happens to her property. Chairman Lopez questioned the timeframe of the projects. Planning Services Administrator Everling stated after Planning Commission recommendation of approval, they will have to move forward to the City Council for approval. He said it Rosemead Planning Commission Meeting: October 15, 2007 Page 2 of 10 typically takes six months after they go through building plan check. Vice - Chairman Kunioka questioned when Mrs. Hernandez would like the wall to be installed. Mrs. Hernandez stated before the construction begins. She wants something that will screen the dust. Chairman Lopez said staff will make sure the dust is controlled and will look into her request. He said he agrees with Mrs. Hernandez and staff needs to make sure it's taken care of. Mr. Brian Lewin of 9501 Ralph Street, a resident, stated he likes the overall design of the project and he thinks the general location is pretty good. He said there are a few reservations that he has. The first is the retail use on Guess Street. He stated it's problematic. He said his first thought after speaking with Senior Planner Agaba is to make it an office space instead, since their hours of operation are at a certain time, unless they condition the space as office use. He said the second thing he is concerned with is the traffic coming east on Rosemead Boulevard. He said the Guess Street entrance will lead people to use residential streets like Rio Hondo or Hart Avenue. He then said he is wondering what the potential impact along the Guess Street entrance would be. He said that should be considered. He also said he doesn't know how well those traffic studies studied those sites, but he hopes they restrict the retail use on the side of Guess Street. Mr. Flournoy stated this is a similar project to the class of project across the street from City Hall. He said he's iffy on this project because of the Mission project. He said there are two faults close to this project and the city needs to have a structural engineer look at it. He said the project next to the Mc Donald's site does not have an approval by the Fire Department. He said the city, a while ago, wanted to change rules and approve their own fire marshal, but it didn't pass. He said he's not happy about that project. He then questioned if this project has a basement parking. Senior Planner Agaba answered yes. Mr. Flournoy discussed about the Mission Drive mixed use project and said they do not follow Caltrans standards for walls. He thinks the Mission project needs to be checked. He said he's not confident he will get his request. Mr. Sean Davis of 9043 Guess Street, a neighboring resident, stated he doesn't think this project is appropriate on this street. He said there is too much traffic on Rosemead Boulevard. He also said he doesn't know who monitored this traffic study, but they are incorrect. He discussed about how the Mission project has created traffic. He said there is no current retail project, so why create a project like this one. He also said this project will create living in Rosemead more hectic. He said parking is already difficult and so is traffic. He said he thinks this project is totally unacceptable. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Mr. Michael Sun of 529 E. Valley Blvd., Suite 228 -A, the architect, stated his office has Rosemead Planning Commission Meeting. October 15, 2007 Page 3 of 10 designed several mixed use projects that are very successful. He said there are many advantages to these projects. He said this type of project creates more lights, efficient housing, and less traffic. He said every development will create traffic, but the mixed use project will create less traffic impact. He also said retail and commercial will create more traffic. He said traffic count generated by mixed use is really less. He then said if you look at the traffic study, you'll see that there is no traffic impact with this development. He said in terms of structural design, this project will probably have to follow the new building code, which focuses on different detailed earthquake requirements. He said everything they do will comply with building codes. Chairman Lopez called for questions from Commissioners. Chairman Lopez stated he agrees with the community regarding the retail shop on Guess Street. Mr. Sun stated they can rearrange the use on Guess Street to a lower impact use. Chairman Lopez stated he understands Mr. Lewin's concern. He said the northbound on Rosemead Boulevard will be accessed, unless you make U -turns on the south side. He said people coming east heading west will find ways through the side streets. He said the impact on the side streets will be bad. He also said he thinks this should be looked at more closely. He said the access on Guess Street will tie up a lot of traffic. He then said it will create a traffic issue. Mr. Sun said they will work with staff and the traffic engineer to create some restrictions, so the major accesses will be on Rosemead Boulevard. He said they can make restrictions on the side streets, such as left and right turns only. He said they will work with staff. Vice - Chairman Kunioka stated at some point, we should seriously think about increasing the capacity on Rosemead and Valley Boulevard because it's currently backed up. He said parking is another thing that will come up. He said the applicant put in a request to reduce the number of parking spaces because of the affordable housing components, but he wants to make sure there's enough parking. He questioned if they would consider a covenant restricting the number of cars they could bring per unit. Mr. Sun agreed. Vice - Chairman Kunioka suggested a parking permit. He then said the report says, "we will encourage employees to park underground," but he thinks it should say "required," instead. Chairman Lopez asked the Commissioners for any other questions. Commissioner Bevington stated his concern on the number of residential units. He said from his calculation, its 33 units. He said another thing to look at is the layout of restaurant going on Guess Street. He said he doesn't think it's the best location to place the restaurant. He also said it should be placed closer to Rosemead Boulevard. Rosemead Planning Commission Meeting: October 15, 2007 Page 4 of 10 Senior Planner Agaba answered Commissioner Bevington's question regarding the residential units and said it's a staff error. There are only 32 units proposed. He said as far as traffic, the traffic study was done by Meyer, Mohaddes Associates. He said it was sent to Caltrans and several meetings with Caltrans and the traffic engineer took place. He said page 8 of the traffic study shows existing conditions and page 11 shows future base plus related projects conditions. He said the overall concept of mixed use is to not create a lot of traffic. He said the overall study is there is no traffic impact. He said this is the second traffic study done and Caltrans has agreed with this analysis. Chairman Lopez said he is still concerned and some limitations should be made on Guess Street. He said conditions should be added in reference to limitations. He said it can be added tonight or set aside for the next meeting, so everything can be looked at more carefully. He wants the community to feel comfortable. Planning Services Administrator Everling discussed about the access on Guess Street. He said conditions can be added to the Conditions of Approval to limit access on Guess Street and requiring the Guess Street drive access to be an exit only. He said the site can also be redesigned and set at an angle to restrict people from turning left into it from the east. He then referred to Mr. Bevington's concern and said most tenant spaces on corners encourage restaurant uses because it's visible to the street. He said the Commission can restrict the use of that tenant space, as well as hours of operation on Unit F. Chairman Lopez questioned if the Commission would like to hold their decision until the next meeting. Planning Services Administrator Everling stated staff will definitely make the changes. Senior Planner Agaba stated the staff's recommendation is for the Planning Commission to recommend this public hearing to City Council for approval. He said staff will bring this project back with the appropriate changes. Chairman Lopez said he thinks at this time it should be continued to the next meeting. Vice - Chairman Kunioka stated there are things he must complain about in the traffic study. He said in both cases, the studies on bus routes and frequencies are incorrect in every count. He said we should get more updated information next time. He then referred to condition 15 and said there is a typo, the word "hall," should be replaced "shall." He said condition 67 has a typo as well, the word "an" should be replaced with "and." He also said he would like to add to condition 22 and suggest that it says, "The Planning Commission will direct Planning Division to consider visual and auditory impact," not just at street level, but at everyone that will be impacted. He added he likes the idea of affordable housing and he wants to make sure Rosemead residents benefit from this. He said he is considering a request. He also wants to make sure there is a lottery process. He said the parking plan should have restrictions to make sure there aren't more than 64 cars. Attorney Yin stated the City Attorney's office can look at Vice - Chairman Kunioka's request to see if it's legal and constitutional. Rosemead Planning Commission Meeting: October 15, 2007 Page 5 of 10 Vice - Chairman Kunioka added that employees should be required to park underground. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project and asked the Commissioners for a motion to continue this public hearing to the next Planning Commission meeting. Planning Services Administrator Everling asked Mr. Sun if two weeks is sufficient for him to make the necessary changes. Mr. Sun stated yes. MOTION BY COMMISSIONER BEVINGTON, SECONDED BY VICE- CHAIRMAN KUNIOKA, TO CONTINUE GENERAL PLAN AMENDMENT 07 -06, ZONE CHANGE 05 -222, CONDITIONAL USE PERMIT 06 -1064, PLANNED DEVELOPMENT REVIEW 06 -04, AND TENTATIVE TRACT MAP 069079 TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. Vote results: YES: BEVINGTON, CAM, KUNIOKA, AND LOPEZ NO: NONE ABSENT: VUU ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. B. General Plan Amendment 05 -01, Zone Chanqe 05 -221, Conditional Use Permit 04 -960, Planned Development Review 05 -02, Tentative Tract Map 061336 and Zone Variance 04 -325 — 3212 -3232 Del Mar Avenue. Patrick Yang has submitted applications for approval of a new mixed use development project consisting of 36 residential condominium units (totaling 42,288 square feet) above 11,505 square feet of commercial /retail /restaurant space on 1.28 acres of land located at 3212 -3232 Del Mar Avenue, in the C -3 (Medium Commercial) and C -3D (Medium Commercial with a Design Overlay) zone. Presentation: Senior Planner George Agaba Staff Recommendation: APPROVE — subject to the conditions, for two (2) years. Senior Planner Agaba stated the applicant and representatives were present and asked the Commissioners if they have any questions. Chairman Lopez opened the public hearing to those IN FAVOR of this application: Mr. Flournoy stated there is new staff; so he thought he would bring up previous correspondences. He said this project falls under the Seismic Hazard Mapping Act, Alquist- Rosemead Planning Commission Meeting. October 15, 2007 Page 6 of 10 Priolo zone, and building code fault location. He said he asked for a photographic request of the Burger King, Jack -In- The -Box, and doctor's office on San Gabriel Boulevard. He said the doctor's office falls under the Alquist - Priolo zone, but he hasn't seen the report. He said he had asked for a request of the studies. He then discussed about earthquakes and the new building codes. He said site- specific visits are good. Chairman Lopez said he'd be happy if Mr. Flournoy can bring that information in. 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. Mr. Michael Sun stated they have gotten approval from every department. He said he personally likes this project and asked the Commission for approval. Chairman Lopez questioned the location of the grammar school. Mr. Sun stated it's in the back. Chairman Lopez questioned the wall will be soundproof. Planning Services Administrator Everling stated he received input from the school and they desire an 8 foot concrete block wall. He said, in addition to that they requested a vine and trellis added to the roof for safety purposes. Chairman Lopez questioned if the applicant is okay with everything. Mr. Sun stated yes. Planning Services Administrator Everling stated it has been incorporated in the staff report. Attorney Yin questioned if they are okay with the two conditions that were added to the previous project. Mr. Sun answered yes. Vice - Chairman Kunioka stated employees should park in the parking lot. He referred to page 11 of this staff report and page 9 of the previous staff report and said the required number of parking spaces is incorrect. He said the previous report said 2 guest parking spaces per unit, whereas this staff report says 1 per 2 units. He said he has looked at the code and in a Planned Development zone, it's 1 per 2 units. He then asked staff some questions. He referred to condition 79 and said the street names are incorrect. He Rosemead Planning Commission Meeting: October 15, 2007 Page 7 of 10 then referred to condition 14 on the word, "stripping" and said it should say "striping." He said on condition 17, staff needs to make sure the screening protects everyone impacted. 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 GENERAL PLAN AMENDMENT 05 -01, ZONE CHANGE 05 -221, CONDITIONAL USE PERMIT 04 -960, PLANNED DEVELOPMENT REVIEW 05 -02, TENTATIVE TRACT MAP 061336, AND ZONE VARIANCE 04 -325. Vote results: YES: BEVINGTON, CAM, KUNIOKA, AND LOPEZ NO: NONE ABSENT: VUU ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. Commissioner Bevington questioned how many General Plan Amendments the City can have per year. Attorney Yin said they will look into that. 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. Approval of Minutes — September 17, 2007 Vice - Chairman Kunioka stated he has some corrections. He referred to page and said it should read, "dust still leaves the site," instead of "dust leaves the site." He then referred to page 9 and said instead of using the word "shield," he would like it to say, "the sun won't reflect off the window." B. Resolution No. 07 -47 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 07 -1106, FOR THE TRANSFER OF AN ON -SALE GENERAL PUBLIC PREMISES (TYPE 48) ABC LICENSE, LOCATED AT 8921 VALLEY BOULEVARD, IN THE CBD -D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE. (APN: 5391 - 012 -030). C. Resolution No. 07 -48 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING TO THE CITY COUNCIL OF APPROVING GENERAL PLAN Rosemead Planning Commission Meeting: October 15, 2007 Page 8 of 10 AMENDMENT 07 -04, CONDITIONAL USE PERMIT 07 -1101, ZONE CHANGE 07 -227, AND DESIGN REVIEW 07 -146, FOR THE CONSTRUCTION OF A NEW TWO -STORY COMMERCIAL BUILDING AFFECTING THREE ADJOINING PARCELS, TOTALING 6,226 SQUARE FEET OF FLOOR AREA, TO ACCOMMODATE RETAIL AND OFFICE USES, LOCATED AT 9800 & 9804 VALLEY BOULEVARD IN THE C3 -D, MEDIUM COMMERCIAL WITHIN A DESIGN OVERLAY ZONE AND 3852 STRANG AVENUE LOCATED IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE, ALONG WITH A PORTION OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT'S EATON WASH (APN: 8578-001-003,037,038). Chairman Lopez asked for a motion for approval of the other items on the Consent Calendar. MOTION BY VICE - CHAIRMAN KUNIOKA, SECONDED BY CHAIRMAN LOPEZ TO WAIVE FURTHER READING AND ADOPT CONSENT CALENDAR. Vote results: YES: BEVINGTON, CAM, KUNIOKA, AND LOPEZ NO: NONE ABSENT: VUU ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Chairman Lopez welcomed Planning Services Administrator Everling and Contract Senior Planner Luis Lopez. Vice - Chairman Kunioka discussed about Walmart's one year review. Planning Services Administrator Everling stated we are looking at putting it on a November agenda. Chairman Lopez discussed about the dress code and said it's pretty casual. He doesn't want people to feel like we're more superior. Vice - Chairman Kunioka said he is concerned about the property across the street and their signage. He said it's tearing and looks ragged. Planning Services Administrator Everling stated that property now has a new owner and he's proposing a fagade remodel. Vice - Chairman Kunioka stated the palm trees in front of Lee's Sandwiches are dying and dirt is running off. Planning Services Administrator Everling said staff will contact the owners. Rosemead Planning Commission Meeting: October 15, 2007 Page 9 of 10 6. MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF None. 7. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 8:37 p.m. MOTION BY COMMISSIONER BEVINGTON, SECONDED BY COMMISSIONER CAM to ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. M E /LT Rosemead Planning Commission Meeting: October 15, 2007 Page 10 of 10