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PC-12-03-07CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES December 3, 2007 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was called to order by Vice - Chairman Kunioka at 7:00 p.m. in the Council Chambers of the Rosemead City Hall at 8838 East Valley Boulevard, Rosemead. Commissioner Cam led the Pledge of Allegiance. Vice - Chairman Kunioka delivered the invocation. ROLL CALL: PRESENT: Vice - Chairman Kunioka, Commissioners Bevington, Cam, and Vuu ABSENT: Chairman Lopez EX OFFICIO: Agaba, Bermejo, Everling, 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 Vice - Chairman Kunioka asked if anyone would like to speak on any items not on the agenda, to step forward. Mr. Jim Flournoy of 8655 Landis View Avenue, a resident, stated he has some information that may be disturbing. He said there is an article on Edison not doing anymore projects under the power lines. He quoted what City Manager Oliver Chi said. He then read a letter that the Fire Department wrote to previous Planning Services Administrator Brad Johnson, which said the project at 8515 Valley Boulevard has been denied. He said Oliver said we weren't denied, but the letter said we were. He then said City Manager Chi is getting the wrong information and saying the wrong things. He said we should recommend to the City Council to put a building moratorium on these projects. He said we own these projects now and we aren't doing our developers any favors. City Planner Everling stated there is one project under the power lines that is in the process of being withdrawn. He also said as far as he knows, the Planning Division is not issuing any more permits for projects under the power lines. From the audience, Mr. Flournoy stated the City Manager is being lied to. Rosemead Planning Commission Meeting: December 3, 2007 Page 1 or9 3. PUBLIC HEARINGS A. Conditional Use Permit 07 -1095 — 2409 San Gabriel Boulevard. Yitzhaq Levy of San Fernando Music School has submitted a Conditional Use Permit application to request approval for the establishment of an after - school music school located at 2409 San Gabriel Boulevard in the C -3 (Medium Commercial) zone. Resolution No. 07 -56 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 07 -1095, FOR THE ESTABLISHMENT OF AN AFTER - SCHOOL MUSIC SCHOOL, LOCATED AT 2409 SAN GABRIEL BOULEVARD IN THE C -3; MEDIUM COMMERCIAL ZONE (APN:5284- 007 -022). Presentation: Associate Planner Sheri Bermejo Staff Recommendation: The Planning Commission APPROVE Conditional Use Permit 07 -1095 for a period of six (6) months and ADOPT Resolution 07 -56, subject to conditions outlined in Exhibit "B" attached hereto. Associate Planner Sheri Bermejo applicant was present and asked the Commissioners if they have any questions. Commissioner Bevington referred to the picture and stated the operation looks like it's already there. City Planner Everting stated correct. Associate Planner Bermejo stated the applicant came to staff and indicated that they were training their staff personnel. Mr. Yoel Van of 2409 San Gabriel Boulevard, the general manager, stated he is present to answer any questions. Vice - Chairman Kunioka stated the fagade has been present for quite some time and questioned if they are operating. Mr. Van stated no, they are just training the teachers. Vice - Chairman questioned if the specific intent is that they are only taking students from 5p.m. to 9 p.m. Mr. Van answered yes. Vice - Chairman Kunioka questioned if classroom soundproof will be an issue. Rosemead Planning Commission Meeting: December 3, 2007 Page 2 of 9 Mr. Van answered no. He said it's more of the accordion and it's not loud. Vice - Chairman Kunioka opened the public hearing to those IN FAVOR of this application: None. Vice - Chairman Kunioka opened the public hearing to those who wished to OPPOSE the application: None. Vice - Chairman Kunioka closed the public hearing to the public and opened the public hearing to the Commissioners. Commissioner Bevington stated there is a definite deficiency of parking. He questioned if the Commission has to take an action recognizing the deficiency. City Planner Everling stated yes. He said there are several sites in the City that are legal non - conforming as of parking. He said the applicant is not adding anymore square footage to the site. Commissioner Bevington stated he doesn't want them to come back three months later. He questioned if they recognize that they have a parking deficiency. City Planner Everling stated yes. He said the hours of operation helped staff analyze this. Attorney Yin stated this issue has been discussed by staff and we have the legal authority, under RMC 17.12.060 to allow this to occur. Vice - Chairman Kunioka questioned condition 16. He said he doesn't remember seeing this on previous applications. City Planner Everling stated this is part of the sign ordinance. He said it might not have been needed and it's not required in here. Vice - Chairman Kunioka stated he's seen notes of it, but never as a condition. Commissioner Bevington questioned the provision for handicap parking. City Planner Everling stated it's a standard condition and is also required in the Building Codes. Vice - Chairman Kunioka questioned light shielding in condition 19. He requested that the word, "fully shielded" be inserted. Rosemead Planning Commission Meeting: December 3, 2007 Page 3 of 9 City Planner Everling stated staff will add that to the condition. There being no one further wishing to address the Commission; Vice - Chairman Kunioka closed the public hearing segment for this project. MOTION BY COMMISSIONER VUU, SECONDED BY COMMISSIONER CAM to APPROVE CONDITIONAL USE PERMIT 07 -1095. Vote results: YES: BEVINGTON, CAM, KUNIOKA, AND VUU NO: NONE ABSENT: LOPEZ ABSTAIN: NONE Vice - Chairman Kunioka declared said motion duly carried and so ordered. B. Conditional Use Permit 07 -1107 — 7968 Garvey Avenue. Ton Sanh Nguyen has submitted a Conditional Use Permit application to request approval to reconfigure the interior of an existing commercial building to include a restaurant and a mini- market totaling approximately 4,900 square feet of floor area. The subject property is located at 7968 Garvey Avenue and zoned C -3 (Medium Commercial). Resolution No. 07 -55 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 07 -1107, FOR INTERIOR RECONFIGURATION OF AN EXISTING COMMERCIAL BUILDING TO CONSTRUCT 2,000 SQUARE FEET OF FLOOR AREA FOR A SIT -DOWN RESTAURANT AND 2,900 SQUARE FEET OF FLOOR AREA FOR A MINI- MARKET TOTALING 4,900 SQUARE FEET LOCATED AT 7968 GARVEY AVENUE IN THE C -3, (MEDIUM COMMERCIAL) ZONE (APN: 5284 - 027 -027). Presentation: Senior Planner George Agaba Staff Recommendation: APPROVE Conditional Use Permit 07 -1107 for six (6) months and ADOPT Resolution 07 -55, subject to the conditions outlined in Exhibit "B." Senior Planner Agaba stated the applicant and representative were present and asked the Commissioners if they have any questions. Vice - Chairman Kunioka opened the public hearing to those IN FAVOR of this application: Mr. Frank Nguyen of 1711 Magellan Street, West Covina, CA, the architect, stated the owners accept all the conditions in the Conditions of Approval. Rosemead Planning Commission Meeting: December 3, 2007 Page 4 of 9 Commissioner Bevington questioned why the second story is being removed. Mr. Nguyen stated because of the parking requirement. He said it's only attic space. Vice - Chairman Kunioka said there is no major change in elevations and questioned if they are physically removing the second floor or simply taking out the floor. Mr. Nguyen stated they are just removing the second floor, but the exterior will remain the same height. Vice - Chairman Kunioka opened the public hearing to those IN FAVOR of this application: Mr. Flournoy stated he's in favor of these projects, but he wants to make sure they have no structural or sheer walls. He said otherwise, it sounds like a good project. Vice - Chairman Kunioka opened the public hearing to those who wished to OPPOSE the application: None. Vice - Chairman Kunioka closed the public hearing to the public and opened the public hearing to the Commissioners. Vice - Chairman Kunioka stated the verbiage in regards to lighting on page 5 in the staff report is different from condition 20 in the Conditions of Approval. He said the condition doesn't specify "low pressure- sodium wall mounted lighting fixtures." City Planner Everling stated staff will fix that. Vice - Chairman Kunioka stated he wants us to be consistent. He said he supports low pressure- sodium lighting. There being no one further wishing to address the Commission; Vice - Chairman Kunioka closed the public hearing segment for this project. MOTION BY COMMISSIONER BEVINGTON, SECONDED BY COMMISSIONER VUU, to APPROVE CONDITIONAL USE PERMIT 07 -1107, WITH MODIFICATIONS TO CONDITION 20. Vote results: YES: BEVINGTON, CAM, KUNIOKA, AND VUU NO: NONE ABSENT: LOPEZ Rosemead Planning Commission Meeting: December 3, 2007 Page 5 of 9 ABSTAIN: NONE Vice - Chairman Kunioka 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. A pproval of Minutes — November 19, 2007 Vice - Chairman Kunioka clarified that the term "line of sight" appeared in the minutes differently and referred to the pages that needed the changes. He also stated page 9, paragraph 4, which says, "Vice- Chairman Kunioka questioned at what level was the noise study done, should be corrected to, "Vice- Chairman Kunioka questioned at what level height the noise study was done." He then clarified paragraph 6. He said the issue was that the current sound study at human ear level indicated 45 decibels of noise in the 9 to 5 hours, which is at the limit that the Rosemead Noise Ordinance permits. He said he questioned if the sound sensors were at the level of those second -story condominiums, if it's likely that this is louder than 45 decibels and that's when Mr. Ostoich answered. Commissioner Bevington referred to page 12 and clarified the spelling of "Eldon Gaph." Mr. Brian Lewin questioned his quote that was amended. Vice - Chairman Kunioka read his statement. Mr. Lewin stated that is correct. Vice - Chairman Kunioka asked for a motion for approval of the other items on the Consent Calendar. MOTION BY COMMISSIONER BEVINGTON, SECONDED BY COMMISSIONER VUU TO WAIVE FURTHER READING AND ADOPT CONSENT CALENDAR. Vote results: YES: BEVINGTON, CAM, KUNIOKA, AND VUU NO: NONE ABSENT: LOPEZ ABSTAIN: NONE Vice - Chairman Kunioka declared said motion duly carried and so ordered. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Rosemead Planning Commission Meeting: December 3, 2007 Page 6 of 9 6. MATTERS FROM THE PLANNING SERVICES ADMINISTRATOR AND STAFF A. Update from previous Planning Commission meeting regarding the Wal -Mart review. City Planner Everling stated at the previous meeting, staff requested direction from the Commission as to what conditions the Commission feels that Wal -Mart is not in compliance with. He said late last week, he received 9 issues from Vice - Chairman Kunioka. He said he has read through Vice - Chairman Kunioka's email and has also forwarded this information the other Commissioners to add to. He also said this is a good direction for staff to go. Vice - Chairman Kunioka asked the Commissioners to review his comments to see if there's anything they would like to add. He then called Mr. Flournoy to come up and speak. Mr. Flournoy stated they've been having meetings with residents and there are certain ways to go about this. He discussed about the noise issue and said they have taken pictures. He said the noise is bouncing off of the wall. He handed the pictures to the Commissioners. He said the Commission should direct staff to hire a professional acoustical consultant. He then discussed about the electrical distribution box that should be enclosed in an electrical room some place. He said he suggests that they move it because they are in violation of condition 35. He then referred to screening and signs and said staff needs to go there and look at it. He said Mr. Grimaldi said he's willing to go down there with staff, since he knows where all those stuff are. He then said there's a lot of screening and there aren't any alcohol signs on Delta Avenue. He discussed about the CPRA requests. He said they had a meeting on October 31 and Commissioner Bevington wrote a memo afterwards. He said Wildan still has not responded. He also said he's confident that City Planner Everling can get something done. He also said we don't really have a geotechnical design for Wal -Mart or any recent projects. He said specifications need to be done. He said they've never seen it. He said geotechnical professionals in the geotechnical report called the fault location, "uncertain." He said those are quotes out of their document. He said they should do a final fault report. He also said he doesn't think they ever did it. Vice - Chairman Kunioka questioned if City Planner Everling is dealing with public records requests. City Planner Everling stated yes. Commissioner Bevington said he hasn't had time and would like to have time to add to this. He said they're mainly things like having a flashing yellow light out there. He said they need to clarify that traffic and speed has increased. He also Rosemead Planning Commission Meeting: December 3, 2007 Page 7 of 9 said he wants it in writing. He questioned if the Sheriff's said no. He said looking at Vice - Chairman Kunioka's list; it doesn't look like it's incredibly expensive. He also said he hasn't been out to the site since it was under construction. City Planner Everling stated okay. Mr. Brian Lewin of 9501 Ralph Street, a resident, stated we should focus our priority on existing conditions that are in violation. He said we shouldn't lose sight if a lot of these "in process" conditions of approval. He also said all that stuff can be documented for any future developments on that site. He said this is basically done, so past mistakes won't be repeated. He said there is one outstanding part of their project that is yet to be built, so taking a look at their appearance and conditions of approval is still very relevant. City Planner Everling said that's something Vice - Chairman Kunioka discussed about. Vice - Chairman Kunioka said it's important to keep accurate record on violations during the construction phase. He said an acoustical study is suggested. He also said the alcohol signs on Delta Avenue is something he didn't add to his list. Commissioner Bevington stated it wasn't a well written conditions of approval during the construction process, on several occasions. He discussed about the condition on rooftop machines. He said the troublesome thing is the line of sum, not line of sight. He said we need to get an outside expert or Edison to give us opinions on the transformer issue. He also said there was one underground transformer in his condominium that blew up. He said it's not their intent. He said there's probably a reason why Edison doesn't want it underground. He said the natural gasses leaked into that area and created a tremendous explosion. He also said what is Edison's policy on transformers. He then said he'll try to write this up. Attorney Yin said we can compile all the conditions, He said since the transformer is an issue that's coming up, the City Attorney's office will work with staff to work it out with Edison. Commissioner Bevington said he needs more expert independent advice. Attorney Yin questioned if there are any other issues with Edison. City Planner Everling answered no. Attorney Yin said he will work with staff Mr. Flournoy stated some conditions need to be changed. He said we may want to move the transformer to the dock area. He also said we don't know if we want Rosemead Planning Commission Meeting: December 3, 2007 Page 8 of 9 it underground or not. B. General Plan Update Status Memo City Planner Everling updated the Commission on the General Plan Update. Vice - Chairman Kunioka questioned if this item will go to the Planning Commissione prior to City Council. City Planner Everling answered yes. City Planner Everling announced that Ms. Lily Trinh has been promoted to Assistant Planner. The Commissioners congratulated Ms. Trinh. FAIIIIIIIIIIIIIIII 1�91 T6111:111PitAnIF Vice - Chairman Kunioka adjourned the Planning Commission Meeting at 8:07 p.m. MOTION BY COMMISSIONER CAM, SECONDED BY COMMISSIONER VUU to ADJOURN UNTIL THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING. M E /LT Rosemead Planning Commission Meeting. December 3, 2007 Page 9 of 9