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PC-07-17-06CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES July 17, 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 Herrera delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice - Chairman Kelty and Commissioners, Herrera, and Loi ABSENT: Commissioner Breen EX OFFICIO: Arenas, Bermejo, Johnson, and Price 1. APPROVAL OF MINUTES Minutes of July 3, 2006 MOTION BY COMMISSIONER HERRERA, SECONDED BY COMMISSONER LOI, that the minutes of the City of Rosemead Regular Planning Commission Meeting of July 3, 2006, be APPROVED as submitted. Vote results: YES: HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: BREEN ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Chairman Lopez introduces City Attorney Stanton Price, and invites him to speak. City Attorney Price asked if there were any students present, several raised their hand. He asked them to step forward when the public hearing was over to be given their attendance slip. He then 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. 3. PUBLIC HEARING A. CONDITIONAL USE PERMIT 06-1061 8310 Valley Boulevard - Danny Wai Wong d.b.a., China Bistro Restaurant, has submitted a Conditional Use Permit application for a new On -Sale Beer and Wine (Type 41) Alcoholic Beverage Control (ABC) license in conjunction with a bona fide public eating place located at 8310 Valley Boulevard in the C -31), Medium Commercial with a Design Overlay Zone. Presentation: Planning Director Brad Johnson Staff Recommendation: APPROVE Planning Director Johnson asked Commissioners if they had any questions Commissioner Kelty questioned the business hours. He also asked if a survey would be going out to the nearby residents, approximately six months later, inquiring as to the noise, etc., that the new establishment would be causing. Planning Director Johnson stated he would hope there are no complaints, due to the fact there is a public hearing being held tonight regarding this project. He further stated we can send out a survey, and requested direction from the Planning Commission in regards to the radius they would like for him to send the surveys to. Commissioner Kelty responded by stating he would like for the surveys to go approximately one half block, six to seven houses, south of the project. He asked if the surveys can be mailed out five months after the business begins serving alcohol. Commissioner Herrera asked if the drive -thru was going to be utilized Planning Director stated it was closed. Commissioner Loi stated there was a McDonalds open from 5:00 a.m. until midnight, prior to this project. He then asked Planning Director Johnson if the ABC will be issuing, the owners of the project, a liquor license. Planning Director Johnson stated he did not see it being denied as long as the Conditional Use Permit was approved and the ABC hearing is not contested by neighbors. Chairman Lopez asked if there would be food sales until 1:30 a.m. Planning Director stated he can ask the applicant. He further stated the owners are required by law to sell more food than alcoholic beverages. Chairman Lopez asked if there was anyone who was IN FAVOR, to step forward. None. Chairman Lopez then asked if the applicant was present. Applicant was present, but chose not to step forward. Chairman Lopez stated he had questions for the applicant. Mrs. Gene Wong, wife of applicant (Danny Wong), 8310 Valley Boulevard, stepped forward. Chairman Lopez asked her if they will be serving food until 1:30 a.m. Mrs. Wong stated yes. Chairman Lopez closed this segment and asked for anyone wishing to speak IN OPPOSITION of this project, to step forward. None. There being no one wishing to address the Planning Commission, Chairman Lopez closed the public hearing segment for this project. MOTION BY COMMISSIONER LOI, SECONDED BY COMMISSIONER HERRERA, to APPROVE Conditional Use Permit 06 -1061. Vote results: YES: HERRERA, KELTY, LOI AND LOPEZ NO: NONE ABSENT: BREEN ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. B. DESIGN REVIEW 06 -137 AND CONDITIONAL USE PERMIT 06 -1069 — 8724 Valley Boulevard— William Minh Duong submitted a Conditional Use Permit application and a Design Review application for the construction of a new two -story commercial building, totaling 9,500 square feet of floor area, to accommodate restaurant and office uses, located at 8724 Valley Boulevard in the C3 -D, Medium Commercial within a Design Overlay Zone. Presentation: Associate Planner Sheri Bermejo Staff Recommendation: APPROVE Chairman Lopez asked the Commissioners if they had questions regarding this project. Commissioner Kelty inquired regarding the measurements of the electrical room, and also if converted into an office space, if it would be equipped with a restroom. He asked if it would be feasible to be rented out since the space was so small. Planning Director Johnson agreed, stating in his opinion, the area is small. He further stated the area would be able to be occupied by either one or two employees. Commissioner Kelty recommended the wall be painted beige. Planning Director Johnson stated the Planning Department is concerned about the project parking lot area having an attractive look. Commissioner Kelty inquired about the entrance location and the layout. City Attorney Price went over eviction procedures and time frames. Commissioner Loi inquired as to who the "ARC" is. Planning Director Johnson explained that the ARC is the Architectural Review Committee which is comprised of City staff from several departments that review plan details that are submitted. Commissioner Loi asked if this project would be going before the Architectural Review Committee (ARC). Planning Director Johnson stated the criteria for those which do go before the ARC. Chairman Lopez addressed the public and asked if anyone was IN FAVOR of this proj ect. Mr. Simon Lee, who stated he was the architect of this project, said they will comply with the conditions. He explained what type of material he used for this project. He thanked the Planning Commission for all of their help. He mentioned his client's concern for Condition #34. He described the wall and stated his client is not the owner of the wall and is reluctant to change the appearance in any way. Planning Director Johnson stated he contacted the owner who has agreed to allow the wall to be stuccoed. Commissioner Loi inquired about getting the agreement in writing. Planning Director Johnson stated he could do that. Chairman Lopez asked Mr. Lee if he was alright with that. Mr. Lee stated yes, but asked for an alternative solution, i.e. taller landscaping (behind his building), further stating it would not be seen from the street. Planning Director Johnson stated he would prefer to see the vegetation and the stucco. He requested the applicant speak regarding this issue. He stated the shrubs take years to grow. He advised Mr. Lee that he can do all the work from his side of the property. Mr. Lee stated his concern for future problems with stucco. He said it was too much trouble and complications. He said they would plant bigger plants and bigger trees. Planning Director Johnson referred to Commissioner Loi's request for a liability letter. City Attorney Price stated something should be recorded. Commissioner Kelty inquired about provisions for restrooms. Mr. Lee said each tenant will have their own restrooms. Commissioner Loi stated he would like to see legal action to legalize the garage. Chairman Lopez agreed with Commissioner Loi. Planning Director Johnson stated the appearance of the neighbor's wall did bother the Planning Department. He stated the Planning Department had requested the stucco to be added. Mr. Lee stated he would like to green screen their wall. Planning Director Johnson said he cannot do both the green screens and the trees. Associate Planner Sheri Bermejo stated there is only three feet of area to work with. Commissioner Kelty inquired as to what the square footage is. Planning Director Johnson stated it was 40 feet by 20 feet (tall). Commissioner Kelty said perhaps they can paint it a neutral color. Mr. Lee reiterated his concern to tamper with someone else's property. Planning Director Johnson stated he did not think that painting the wall would cause problems. He said the Planning Commission could set a height requirement for the green screen which would be more costly than the stucco. Mr. Lee stated it may be possible for the Landscape Architect to work with the Planning Department. Chairman Lopez stated he did not foresee a problem allowing the applicant to do a good design or a green screen. Planning Director Johnson stated the end result from that would be - the Planning Commission would ask for the green screen and the applicant would ask for landscaping, which would then cause problems. His advice was not to leave the conditions open, he would prefer to be more specific on the conditions and not negotiate at a later date. Mr. Lee gave scenarios regarding different heights of people. Planning Director Johnson stated he prefers the green screen trellis. Chairman Lopez, Commissioner Herrera, and Commissioner Loi all agreed with Planning Director Johnson, and also agreed to the height being that of 12 feet. Planning Director Johnson stated he would modify the conditions to read for the height to be that of 12 feet. Commissioner Kelty asked if 12 days is enough time to evict the commercial tenant. City Attorney Price stated that one has to file a 30 -day notice, and then proceeds to explain procedures, further stating the entire process could take up to approximately two months. He stated it also depends on the terms of the lease. Planning Director Johnson stated they can do a month -to -month lease. He further stated that the tenant does not have their store layout as a retail environment. Commissioner Kelty stated his concern for a fire hazard, due to the garment warehouse type of environment the current tenant is working in. Planning Director Johnson stated that if there is indeed a fire hazard, he can have it red - tagged. Commissioner Loi asked that if the tenant has no lease, would there still be a requirement to give them a 30 -day notice to evict. City Attorney Price responded by saying it depended on how often they pay their rent and if there is a fire hazard present. Chairman Lopez addressed the public and asks if there is any who OPPOSED the project Mr. Land L. Hsu, of 20 West Bircheroft Street, Arcadia, California, stated he manages some property directly adjacent to the east of the proposed project. He stated he is not against any development. On July 11, 2006, he gave a written comment regarding the parking concerns of the new project area. He stated there was a lot of people going in and out of that area (while it was being rented out) for three weeks during the recall. He stated there were tenants in the nearby commercial property that use his trash service because they do not have any of their own trash services. He stated that the other tenant's customers are already utilizing his parking spaces. He stated his concern for enough trash area so that they do not use his property to dump on. He asked that the Planning Commission address the issue of insufficient lighting in the underground parking garage so that people feel safe. He requested that the Planning Commission address this issue in the conditions. Planning Director Johnson stated he had verified the fact that there is sufficient area for trash. He advised Mr. Hsu to post signs stating, "Tenant Parking Only ". He said if the situation worsened, Mr. Hsu could have vehicles cited and /or towed. As for the subterranean lighting, there are no City standards as of yet, but he will do research regarding this issue. Commissioner Kelty inquired as to the size of the garbage truck, regarding entry into the subterranean parking garage to collect the trash. Chairman Lopez stated there are trucks specifically for smaller areas. Commissioner Loi asked Chairman Lopez about the length of time one takes to make a left turn in that area, he stated it was a minimum of 15 minutes. Planning Director Johnson stated there is a middle lane that makes it safe while waiting. Commissioner Loi asked if there is a `no left turn' sign posted while exiting the property Planning Director Johnson stated he can research the number of car accidents in that area. He stated he prefers not to limit the property owners' ability to make a left turn out of their property. Chairman Lopez asked if there was anyone who wished to OPPOSE the project. Mr. Andy Trinh, of 8729 Steele Street, stepped forward and stated he lives behind the project property. He stated he lives six feet behind where the trash enclosures are located. Commissioner Loi asked if it was the southeast corner. (Commissioner Kelty walked down to the public area and showed Mr. Trinh a map of the project.) Mr. Trinh stated his garage is six feet from the property and fears he will be able to smell the trash from the applicant's property when his windows are opened. He stated that in that area, it goes from a commercial zone to a residential zone within two feet. Planning Director Johnson stated it was 15 to 18 feet from Mr. Trinh's property line. He stated his building was approximately 40 feet away from the project property. Mr. Trinh stated that because of the `L' shape property, it is like it is in his backyard. Chairman Lopez inquired about the trash containers. Planning Director Johnson explains the various types of trash containers and the frequency of trash pick -up. He stated the Planning Commission can add conditions requesting heavier -duty trash containers. Chairman Lopez stated we need to ensure that the residents in the area will not be able to smell the trash. Commissioner Kelty asked if we could increase the height of the wall to 10 feet. Planning Director Johnson responded by saying yes. Mr. Trinh stated he is not opposed to that height. Planning Director Johnson stated that if he has any further issues, he would prefer Mr. Trinh to work it out with the applicant. If he is unable to resolve the issue with the applicant, he advised him to then contact the Planning Department. City Attorney Price asked if there was any way the trash could be completely enclosed. Planning Director responded by saying yes. Chairman Lopez stated they needed to address this issue now so that it will not become an issue in the future. Planning Director Johnson stated the Planning Commission could modify the conditions to address this issue. Chairman Lopez stated this issue has been a problem in Rosemead in the past. Commissioner Kelty addressed Mr. Trinh and stated that if it does become a problem, to contact the City of Rosemead. Planning Director Johnson suggested adding a condition stating the trash has to be fully enclosed with a solid door and a solid roof. Mr. Lee stated he will build trash enclosures and they will not need to build a 10 foot wall. Chairman Lopez agreed with Mr. Lee's decision. There being no one wishing to address the Planning Commission, Chairman Lopez closed the public hearing segment for this project. MOTION BY COMMISSIONER KELTY, SECONDED BY COMMISSIONER LOI, WITH MODIFICATIONS, to APPROVE Conditional Use Permit 06 -1069 and Design Review 06 -137. Vote results: YES: HERRERA, KELTY, LOI AND LOPEZ NO: NONE ABSENT: BREEN 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 06 -29 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 06 -1062, FOR THE INSTALLATION OF AN UNMANNED WIRELESS TELECOMMUNICATIONS FACILITY LOCATED ON MARSHALL STREET, BETWEEN ROCKHOLD AVENUE AND EARLE AVENUE IN THE A -1; LIGHT AGRICULTURAL ZONE (APN: 5371- 013 -801). Chairman Lopez presented the resolutions by title only. He opened the public hearing to anyone who chose to speak regarding Resolution 06 -29 on the Consent Calendar. Chairman Lopez asked the Commissioners if they had any questions, which there were 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: BREEN ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Commissioner Herrera stated there was a mess on Walnut Grove on the west side by the freeway. Planning Director Johnson stated he would remind the City Engineer to talk with Caltrans. Commissioner Herrera asked what was happening with the area south of McDonalds. Planning Director Johnson stated he would speak with the property owner. Commissioner Kelty stated he understood there were violations with Wal -Mart. Planning Director Johnson stated there were perceived violations, but stated there were not any Conditions of Approval, or mitigation measure, violations substantiated. AQMD has issued a couple of citations, but he is not sure they are legitimate violations. Commissioner Kelty inquired about the Panda headquarters in that area. Planning Director Johnson stated there are two parcels that Wal -Mart desires to sell but has not entered escrow with any buyers. 6. MATTERS FROM CITY OFFICIALS AND STAFF Planning Director Johnson stated he was scheduling a residential design workshop on August 7, 2006 and possibly on August 21, 2006 also. He further stated the Planning Commission meeting could commence earlier due to this workshop. He stated we are being pro- active by initiating the development workshops which will begin with single - family home design guidelines and will be followed by mixed -use design guidelines. Chairman Lopez stated the trash is going to be a big issue with all the restaurants that he has knowledge of opening up for business. Planning Director Johnson stated he would like to present slides and offer field trips to allow the Commissioners to experience what different densities "look and feel' like in other communities. Chairman Lopez agreed with Planning Director Johnson. Commissioner Kelty asked Planning Director Johnson about the area at Valley and Temple City Boulevard. Planning Director Johnson responded by informing him that the City will most likely be pro- active in encouraging a master plan for that area. Chairman Lopez stated the workshop is a great idea to help them understand. 7. ADJOURNMENT There being no other business to come before the commission, the meeting was adjourned at 8:42 p.m. B WJ /DA