Loading...
PC-06-19-06CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES June 19, 2006 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 Breen delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice - Chairman Kelly and Commissioners Breen, Herrera, and Loi ABSENT: None EX OFFICIO: Arenas, Johnson, and Wallin 1. APPROVAL OF MINUTES Minutes of June 5, 2006 MOTION BY COMMISSIONER KELTY, SECONDED BY COMMISSONER HERRERA, that the minutes of the City of Rosemead Regular Planning Commission Meeting of June 5, 2006, be APPROVED as submitted. Vote results: YES: HERRERA, KELTY, LOPEZ, BREEN, AND LOI NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Chairman Lopez explained the public hearing process and the right to appeal Planning Commission decisions to the City Council. Lopez asked if anyone would like to speak on any items not on the agenda, to step forward. Jim Clouet stated he would like for the Planning Commission to allow the two controversial items, regarding the "two major issues ", one being the Communications issue and the other is the "nightclub" to be moved ahead so the public can speak. 3. PUBLIC HEARING A. CONDITIONAL USE PERMIT 06 -1063 — 2434 N. Charlotte Avenue Mary Ellen Perea has submitted a Conditional Use Permit application proposing a new two -story addition to an existing single - family residence which will result in approximately three thousand eighty (3,080) square feet of living area, located at 2434 N. Charlotte Avenue in the R -1 /AP; Single — Family Residential /Alquist- Priolo Special Study Zone. Presentation: Staff Recommendation: Planning Director Johnson APPROVE Chairman Lopez called for questions from the Commissioners. Commissioner Kelty questioned whether it was going to be a two (2) or three (3) car garage. Applicant(s): In the audience Chairman Lopez opened the public hearing to those IN FAVOR of this application: None. Public hearing was opened to those who wished to OPPOSE the application: None. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing segment for this project. MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSIONER HERRERA, to APPROVE Conditional Use Permit 06 -1063. Vote results: YES: BREEN, HERRERA, LOI AND LOPEZ NO: KELTY ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. B. CONDITIONAL USE PERMITS 06 -1062 — Marshall Street between Rockhold and Earle Avenue Shawna Desbois of Royal Street Communications has submitted a Conditional Use Permit application for the installation of six (6) panel antennas and one (1) microwave dish for a wireless telecommunications facility on an existing Southern California Edison transmission tower, located on Marshall Street between Rockhold and Earle Avenue (APN: 5371- 013 -801) in the A -1 Light Agriculture Zone. Presentation: Planning Director Johnson Commissioner Kelty inquired as to the possibility of the current project would interfere with a project the Planning Commission had approved several months ago. Planning Director Johnson stated it would not. Commissioner Loi inquired as to the number of telecommunication towers. Planning Director Johnson does not have a number currently. Councilman Jay T. Imperial requested to comment and was given permission by the Planning Commission to speak. Councilman Imperial stated he received six (6) to seven (7) calls regarding this project, opposing it. He further stated the last project that was approved, people were unhappy with it. Chairman Lopez opened the public hearing to those IN FAVOR of this application. Applicant, Shawna M. Desbois, addressed the Planning Commission, stating there was no interference with her tower. She asked the Commission if they had any further questions, in which they did not. Chairman Lopez opened the public hearing to those who wished to OPPOSE the application Ms. Mary Ellen Dundas stepped forward stating her name and address, 3808 Earle. She stated she has been a resident of Rosemead for thirty -six (36) years. She stated they already have one tower and "...that's enough." She also stated the notices that were sent out to the people this project would affect were sent out in English only. Mr. Luis M. Alvarez, 3632 Rockhold Avenue, then stepped forward and stated his mother lives at 3632 Rockhold Avenue, and they did not receive a timely notification of this project. He stated he would like to know the setback ordinances, asking, "...is there enough buffer ?" He stated concern for their property dropping in value due to this project if it should be approved. Councilman Imperial recommended for the Board to research City records for what transpired the last time a communications tower was approved, regarding "unhappy people ". Commissioner Breen stated the City would have records of the past tests. Planning Director Johnson stated the Feds and the State have done extensive studies and found they are not harmful and this board does not have the right to deny what the government has proved to be harmless. Commissioner Loi stated it may be harmful to have so many towers in one area. Chairman Lopez stated a concern for the number of towers and stated they should hold off on their decision until they get more information to make sure there is a buffer zone. He then invited any other citizen to step forward who was in favor of denial. Mr. Terry John Dundas, 3808 Earle, stepped forward and stated his name and home address, 3808 Earle. Mr. Dundas is Mrs. Mary Ellen Dundas' husband and has lost several friends to cancer that live in their area. He also has lost each of his dogs to cancer. He received a notice on his porch stating projects, such as this, cause cancer. He is requesting more studies be done. Ms. Linda DeMarco lost her mother, who lived in that area, to cancer. She would like to know why the towers are going up prior to approval. Chairman Lopez asked if there was anyone else who would like to speak in denial of the project. Councilman Imperial stated he would hate to see more people lose their lives if this project is approved. Ms. Dubois spoke again, addressing the last comment made regarding her project. She stated the health and safety issues have been examined, stating they are at least five (5) percent of the FCC Guidelines. Chairman Lopez stated this figure was just one company, not a combination of all the towers that are in existence at the same site, stating a concern for more power due to do more towers. Ms. Dubois stated they checked the cumulative amount and it was well below what is required. Chairman Lopez stated that this item should be moved to be Continued until further information Regarding the radio active frequency. Councilman John Tran addressed the Commission and stated his opinion was to hold the item over, and get more notices out to the people with more information to allow residents to speak. Councilman Imperial reiterated his concern for the lives of the community. Chairman Lopez stated the Commission needs more information prior to presenting it to the community and making a judgement. Councilman Imperial requested that they appeal the decision to City Council if it is negative. Commissioner Herrera stated she would like more information concerning the consequences. Planning Director Johnson stated he would give the applicant two (2) weeks to gather more information regarding the radio frequency issues. MOTION BY COMMISSIONER LOI, SECONDED BY COMMISSIONER KELTY, TO CONTINUE Conditional Use Permit 06 -1062, pending further information requested. Planning Director Johnson explains the appeal process concerning City Council. He also clarified the towers regarding this project have not been previously installed to their approval, nor are they currently under construction. He also stated residents that live more than three hundred (300) feet radius of this project do not receive a written notice from the City of Rosemead. Chairman Lopez stated we will have more information for the Planning Commission Meeting on July 3` 2006. He also informed the residents they may contact Director Johnson for information regarding the health concerns. Staff Recommendation: TO BE CONTINUED — pending further information regarding radio active frequency.. C. DESIGN REVIEW 05- 132 /ZONE VARIANCE 05 -330 — 8815 -8845 East Valley Boulevard Ban Nguyen, has submitted a Zone Variance application proposing to demolish a five thousand twenty (5,020) square foot existing restaurant /retail space and construct nine thousand and nine (9,009) square feet of new restaurant/retail space within an existing shopping center, located at the Rosemead Shopping Center, 8815 -8845 East Valley Boulevard in the CBD -D; Central Business District — Design Overlay, Zoning District. ZONE VARIANCE 06 -340 — 8855 East Valley Boulevard Eric Lee has submitted a Zone Variance application to renovate a portion of an existing commercial office building, converting a retail bank and office space into a restaurant and lounge located at the Universal Bank Building, 8855 East Valley Boulevard in the CBD -D; Central Business District — Design Overlay, Zoning District. CONDITIONAL USE PERMIT 06 -1059 — 8855 East Valley Boulevard Richard Valenzuela has submitted a Conditional Use Permit application for a new Type 48 On -Sale General — Public Premises (Bar/Nightclub), to operate a cigar lounge with a bar area and entertainment, located at the Universal Bank Office Building at 8855 East Valley Boulevard in the CBD -D; Central Business District — Design Overlay Zoning District. Presentation: Planning Director Johnson Planning Director Johnson provided a PowerPoint presentation depicting an aerial view of the premises. He also provided material and sample boards depicting the projects. He stated the applicant has reduced the square footage to nine thousand (9,000) square feet, with six (6) driveways. He provided measurements and details regarding the projects. He stated all applicants asked that the projects be approved and sent to City Council. Commissioner Breen stated the Planning Commission is asked to approve or deny applications, not the City Council because it is a "variance ". Planning Director Johnson agreed. Councilman Imperial stated the owner of the market had promised to put up a wall, and has not. A resident had a wall built because he could not sleep. Chairman Lopez suggested to wait until the public hearing to comment. Commissioner Loi inquired about "full -size parking spaces ". Planning Director Johnson said he believes that they are full -size parking spaces. Commissioner Loi stated concern of the chance of the parking spaces be later changed to compact parking. Planning Director Johnson stated they are limited by an ordinance. Councilman Imperial stated that a man from another country had bought the bank building, knowing the parking was for every business owner in the complex. He said the people complain about the parking time limit. Commissioner Loi inquired as to how many police reports have been made regarding the business owner's Alhambra location. Planning Director Johnson stated there were one hundred and seven (107) calls last month that were made to the Alhambra Police Department. He further stated the square footage of the premises is not large enough for large dance floors and the comparison may be unfair. Commissioner Kelty inquired about the timeline as to when the warehouse construction was to be completed. Planning Director Johnson stated construction has begun on the warehouse. Commissioner Diana Herrera inquired as to what goes on in a cigar lounge. Planning Director Johnson responded by stating the patrons are allowed to smoke in a room that is in a room. I Ie further stated that the applicant asked for a full bar and entertainment. Commissioner Kelty inquired to the number of licenses the applicant needs, if they need one (1) or two (2) licenses, one for the bar and one for the restaurant. Planning Director Johnson stated they would need two (2) licenses. Chairman Lopez asked if the restaurant and bar are opened at the same time. Planning Director Johnson stated the hours of the restaurant and the bar overlap. He further stated the entertainment application has not been submitted as of yet. He stated all applications can be approved and then they can submit amendments. Mr. John Henning, attorney for applicant Ban Nguyen, addressed the Planning Commission. He stated both applicants have easements where they share properties. Mr. Henning said a contingent approval should be made and they will build what he says they will build. He said the approved entrance is on Mr. Nguyen's property. He stated Mr. Lee got approval for things that are on Mr. Nguyen's property. He stated the solution would be to either approve both projects, or deny both projects. He stated there should be conditions along with the approval of both projects. He further stated he was opposed to the "cigar idea ", stating it should be a restaurant only. He stated concern of litigation brought on by Mr. Lee in the future. He stated that there is a possibility that if Mr. Lee gets his project approved and completed, Mr. Lee may sue his client regarding the easement, further preventing Mr. Nguyen to complete his project. He addressed the parking issue and asked that the Planning Commission oppose the cigar lounge. City Attorney, Mr. Peter Wallin, asked how the Planning Commission protects Mr. Lee that the parking would certainly be built. Mr. Henning stated he did not know how to condition Mr. Lee's parking spaces. Mr. Wallin stated that if Mr. Lee does not agree to his condition, he will oppose Mr. Nguyen's project. Commissioner Kelty asked if Mr. Henning approves of items nine (9) and ten (10). Mr. Henning stated the conditions were reasonable... (further response was inaudible, due to noise created by the guests leaving.) Mr. Eric Lee's attorney, Mr. Kevin Ennis, spoke in Mr. Lee's behalf. He stated he feels the solution would be to approve both projects. He stated the restaurant hours and the lounge hours. He further stated the parking lot entrance is on Mr. Lee's property, and his client is willing to compromise regarding the parking lot situation. He asked that the application should be approved, and feels that the two (2) property owners will have to come to an agreement regarding this issue. He stated his client would prefer to augment his parking, but is willing to compromise. He stated they have read and agreed the conditions in respect to Zone Variance 06 -340. Mr. Wallin asked if the entire center got additional parking, how would we condition that approval. Commissioner Kelty asked if Mr. Lee opposes the other project. Mr. Ennis stated he did not, although, he further stated we should not condition Mr. Lee's project and the Planning Commission should not tie the two projects together. He further stated they are here to support both projects and they need to go forward separately. Chairman Lopez opened the public hearing to those IN FAVOR of this application. None. Mr. Tholow Chan, FVP Chief Administrator and Security Officer of the Universal Bank spoke regarding CUP 06 -1059. He stated he opposes this project, along with some of his clients who he stated were present at the meeting. He stated he felt this project would be a safety issue due to the fact his business is a money business, and patrons of the bar could be casing the bank to commit robbery. He mentioned the bank has an ATM located in the rear of the bank where there is already parking problems for his customers. He mentioned some of the problems they have with crime in the area and feels this could make the problem worse. He stated his concerns for his clients such as being exposed to smoke, alcohol environment, and questionable subjects who frequent the bar. He mentioned some of his clients are women and small children that would feel insecure in this type of environment. Ms. Linda Clark- Molina, of the Rosemead Elementary School District, then spoke opposing the cigar lounge project. She stated it is too near to the middle school that has many activities that are held during after - school hours. Commissioner Kelty inquired about the violations of walking through the lounge on their way to the proposed new restroom location. Planning Director Johnson stated the entrances are problematic and would most likely be denied by the County Health Department. Mr. Fred S. Mascorro, Board of Trustee of the Rosemead School District, opposes the cigar loimge. He stated there are children who walk through that area and congregate at the location. He stated statistics prove eighty (80) percent of child molesters are under the influence of either drugs and/or alcohol at the time of the violation. Mr. Jim Clouet, 3719 North Ivar Avenue, spoke, opposing the cigar lounge. He stated it would not benefit the community. He stated there is a school and a public library in the near vicinity. (He also typed a letter, addressed to Planning Director Johnson.) Mr. Daniel Spadaro, 4113 North Muscatel Avenue has been in Rosemead for forty (40) years and spoke opposing the cigar lounge. He stated he has been in a panic since the supermarket moved in. He made complaints regarding the trucks, lights, noise, the street - sweeper that wakes him up at 3:00 a.m., the mess in the rear with trash, and the employees dropping pallets at 8:30 p.m. He stated they have already cut the cement walls and have bulldozers on the premises, preparing for the project. Councilman Imperial spoke and stated he has witnessed what Mr. Spadaro testified to, and stated it was all fact. Chairman Lopez called Ms. Helen Fraja to speak, she had filled out a speaker request form, she did not respond, as well as Ms. Servin Alicia. Mr. Patrick R. Manfredi, 8761 East Hovey Street, spoke opposing the cigar lounge. He stated he needs the cooperation of the Planning Commission to put the City back on the map. He stated concern for the children of the nearby school. He stated Rosemead already has a problem with parking. Mr. Ronnie Ayala, 8925 Lawrence Avenue, spoke, and stated he opposes the cigar lounge. He stated Rosemead is a family oriented community. He mentioned the three (3) homicides that occurred at a nightclub at Muscatel and Valley Boulevard, and the liquor store attendant that was robbed and murdered. Ms. Laura Guerrero, 3737 Muscatel Avenue, is the mother of Sarah Guerrero, the young lady who wrote Planning Director Johnson a letter, opposing the cigar lounge. (This letter was received during the Planning Commission meeting tonight.) She read her daughter's letter out -loud to the Planning Commission. Mr. Ronald Esquivel, 3722 Loftus Drive, who is a board member of the Rosemead School District, spoke, opposing the cigar lounge. He stated the schools are teaching the students not to drink and smoke, and the cigar lounge would prevent them from being effective by sending the wrong message. He stated that the patrons of a nearby bar, leave the bar and end up falling asleep on people's property. He stated his concern as to what type of entertainment the cigar lounge was going to provide, due to that issue not being established. He stated this could include strippers, to dancing. Mr. Al Santianes, 8837 East Lawrence Street, is a Block Captain for the Neighborhood Watch and has been a property owner for thirty (30) years. He spoke, opposing both the notification process and the cigar lounge. He lives within five hundred (500) feet of the project. He inquired about the location of the project, being so close to the middle school, regarding ordinances that need to be met. He mentioned concern for the young children witnessing adult behavior. He also stated this project would contribute to more car accidents in the area. Ms. Elise Frederick, 8843 East Lawrence, spoke next and stated she just wanted her name to be on the list that disagrees with this project. Ms. Kathie Ferrin, 8921 Lawrence, who has been here in Rosemead for thirty (30) years, spoke, opposing the cigar lounge project. She stated the crime rate has increased recently. She mentioned the fact that the school is very near to the project and that Rosemead is a family oriented community. Councilman Imperial stated he had received a phone -call from an elected official who wanted Mr. Imperial to help Mr. Lee's son with his project. Mr. Imperial told him to stay out of Rosemead city business. Chairman Lopez asked if there was anyone else who would like to speak. None came forward. Commissioner Kelty asked if parking lot is swept everyday at 3:00 a.m. and requested to make a recommendation on giving them a limited hour on when they can sweep. He also asked that no permits be issued until remodeling is done and the lights are redirected. City Attorney Wallin asked that we not address the parking situation until the Planning Commission votes. Commissioner Kelty stated that was acceptable and would agree to it. Chairman Lopez they would hold off on the zone variance and address the Conditional Use Permit. There being no one further wishing to address the Commission; Chairman Lopez closed the public hearing for this segment. Chairman Lopez asked if there is a motion for the Conditional Use Permit 06 -1059. MOTION BY COMMISSIONER KELTY, SECONDED BY COMMISSIONER HERRERA, to DENY Conditional Use Permit 06 -1059. Vote results: YES: HERRERA, KELTY, LOPEZ, BREEN, LOI NO: NONE ABSENT: NONE Chairman Lopez declared said motion duly carried and so ordered. Commissioner Kelty recommended the Planning Commission handle the controversial projects differently in the future. Chairman Lopez introduced DESIGN REVIEW 05 -132, ZONE VARIANCE 05 -330, and ZONE VARIANCE 05 -340 once again, separating them from Conditional Use Permit 06 -1059. City Attorney Wallin addressed the parking situation. Planning Director Johnson recommends to allow the coffee and sandwich shop to be approved. Commissioner Kelty mentioned street sweeper and setting a limitation to the time frame when it can be conducted. He stated the permit should not have been issued to Mr. Nguyen prior to him cleaning up his area. Planning Director Johnson stated he was unable to, due to the need he had for a warehouse. Chairman Lopez said Mr. Nguyen can handle the noise and the lighting issues, being that he had agreed to those issues months ago. Planning Director Johnson stated the warehouse approval had conditions on it. He further stated the applicant can begin addressing the noise and the lighting conditions. Chairman Lopez mentioned the children that had complained of the smell of Mr. Nguyen's property. City Attorney Wallin was in agreement to place a time restriction on the street sweeper. Commissioner Kelty stated the project should not be approved until there are conditions attached. City Attorney Wallin stated he does not see Mr. Lee's project going through without some litigation. Planning Director Johnson stated neither parties will be issued a building permit, and the approval will not be in effect, until all conditions are met. MOTION BY COMMISSIONER LOI, SECONDED BY COMMISSIONER KELTY, TO APPROVE Design Review 05 -132, Zone Variance 05 -330 and 06 -340, subject to conditions as amended. Vote results: YES: HERRERA, KELTY, LOPEZ, BREEN, AND LOI NO: NONE ABSENT: 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 06 -23 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DENYING TENTATIVE PARCEL MAP 062796, TO SUBDIVIDE ONE (1) EXISTING LOT, INTO TWO (2) LOTS FOR THE DEVELOPMENT OF TWO (2) NEW SINGLE- FAMILY HOMES; LOCATED AT 8351 WHITMORE STREET IN THE R -2; LIGHT MULTIPLE RESIDENTIAL ZONE. B. RESOLUTION 06 -24 - A RESOLUTION OF THE PLANNING COMMISSION, OF THE CITY OF ROSEMEAD, APPROVING CONDITIONAL USE PERMITS 05 -1050 & 06- 1051 /ZONE VARIANCE 06 -343, TO CONSTRUCT NEW TWO -STORY SINGLE - FAMILY RESIDENCES WITH THREE THOUSAND ONE HUNDRED SEVENTY -NINE (3,179) AND THREE THOUSAND TWO HUNDRED TWENTY -SIX (3,226) SQUARE FEET OF LIVING SPACE AND A ZONE VARIANCE TO DEVIATE FROM THE REQUIRED TWENTY -FIVE (25) FOOT REAR SETBACK, LOCATED AT 3873 DELTA AVENUE IN THE R -I (SINGLE FAMILY RESIDENTIAL) ZONE. Chairman Lopez presented the resolutions by title only. MOTION BY COMMISSIONER HERRERA, SECONDED BY COMMISSIONER BREEN, to waive further reading and adopt said resolution. Vote results: YES: HERRERA, KELTY, LOPEZ, BREEN, AND LOI NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 5. ORAL COMMUNICATION FROM THE AUDIENCE None. 6. MATTERS FROM CITY OFFICIALS AND STAFF Planning Director Johnson told the Commissioners we have a new format for the agenda. He and the Commissioners welcomed Planning Secretary Arenas to the staff. 7. ADJOURNMENT There being no other business to come before the commission, the meeting was adjourned at 10:05 p.m. B WJ /DA