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PC-08-07-06CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES August 7, 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. Commissioner Loi led the Pledge of Allegiance. Commissioner Breen delivered the invocation. ROLL CALL: PRESENT: Chairman Lopez, Vice - Chairman Kelty and Commissioners, Breen, Herrera, and Loi ABSENT: None EX OFFICIO: Arenas, Bermejo, Johnson, and Price 1. APPROVAL OF MINUTES Minutes of July 17, 2006 MOTION BY COMMISSIONER HERRERA, SECONDED BY COMMISSONER BREEN, that the minutes of the City of Rosemead Regular Planning Commission Meeting of July 17, 2006, be APPROVED as submitted. Vote results: YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ 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 introduces City Attorney Stanton Price, and invites him to speak. City Attorney Price asked if there were any students present and if so, he invited 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 Daniel Lopez asked if anyone would like to speak on an items not on the P p Y agenda, to step forward. None. 3. PUBLIC HEARING A. CONDITIONAL USE PERMIT 93 -589 MODIFICATION — 3039 Del Mar Avenue Mr. Yin Hai of Buddhist Ortho -Creed Association has submitted an application to modify an existing Conditional Use Permit for the demolition of a single - family residence and the construction of a new dining facility and kitchen, totaling approximately 4,335 square feet of area, for an existing Buddhist temple and cultural center, located at 3039 Del Mar Avenue in the C -3 (Medium Commercial) and P (Automobile Parking) Zones. Presentation: Associate Planner Sheri Bermejo Staff Recommendation: APPROVE Associate Bermejo asked Commissioners if they had any questions. Commissioner Loi asked if the Buddhist temple was going to be subject to inspection by the Health Department due to the serving of food on a regular basis. Planning Director Brad Johnson stated he was not quite certain, but further stated that the applicant was required to obtain a plan check through the Los Angeles County Health Department. He stated the Health Department would have to approve their blueprints and the construction. Commissioner Loi stated the Buddhist temple would be serving food to the public being that there is no membership required, further stating any person can walk in and be served. He also mentioned the Buddhist holidays when they will have several other people attending who will most likely join them in the dining room. City Attorney Price said they will assert their jurisdiction if there is someone who gets ill due to the food served. Commissioner Loi asked if the Health Department can conduct inspections on the food they are serving. Planning Director Johnson stated he can request that the Health Department do so, but he is not certain they will. Chairman Lopez inquired as to how much food they will be serving. Commissioner Loi responded by stating they only serve food on certain occasions, not everyday. Chairman Lopez stated that all churches do that and it is not an issue. Commissioner Herrera asked if there is just a kitchen, or if they have a dining room as well. Commissioner Kelty asked if they serve for weddings, or what type of functions they serve for, further stating that perhaps the restrictions are too strict. He suggested perhaps rephrasing the conditions to state that the food may be served to members and guests. He further addressed the issue of not seeing a trash container on the plans. Planning Director Johnson stated the existing campus has trash enclosures on their property and that the applicants can verify that. Commissioner Kelty asked if they need public restrooms for the dining room, and also a restroom for kitchen staff. Planning Director Johnson stated he was not certain, but the building inspector can make sure of that. Chairman Lopez closed the hearing to the Commissioners and opened it to the public The representative of the applicant, Kai Chan, of 730 Adelyn Drive in San Gabriel addressed the Planning Commission. He stated the Planning Department explained very clearly as to what is expected. He stated the purpose of the dining hall is to serve their congregation who attend their regular service. During the week, they only serve staff. He stated there are four holidays throughout the year when they will also be serving food to the public. He further stated that all visitors have to sign in. Chairman Lopez stated he would prefer that we would not place stipulations that would prohibit the applicant from doing what he had planned in regards to serving food to their congregation. Planning Director Johnson agreed with Chairman Lopez, and stated they could delete that stipulation from the Conditions of Approval. Chairman Lopez agreed to delete it also. Mr. Chan refers to the plans and explains where the restroom is within the complex. He stated he will add an additional restroom if the Health Department requests it. He also agreed to install a trash enclosure, and asked if there were any further questions. Chairman Lopez asked if there was anyone in FAVOR or in OPPOSITION of the project. None. There being no one further wishing to address the Planning Commission, Chairman Lopez then closed the public hearing segment for this project. MOTION BY COMMISSIONER KELTY, SECONDED BY COMMISSONER LOI, to APPROVE Conditional Use Permit 93 -589 (Modification). Vote results: YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ 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. A. RESOLUTION 06 -30 — A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 06 -1069 AND DESIGN REVIEW 06 -137, 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 (APN: 5390- 010 -066) B. RESOLUTION 06 -31 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING CONDITIONAL USE PERMIT 06 -1061, 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 (APN: 5371- 005 -006). Chairman Lopez presented the resolutions by title only. He opened the public hearing to anyone who chose to speak regarding Resolution 06 -30 and Resolution 06 -31 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 BREEN, to waive further reading and adopt said resolutions. Vote results: YES: BREEN, HERRERA, KELTY, LOI, AND LOPEZ NO: NONE ABSENT: NONE ABSTAIN: NONE Chairman Lopez declared said motion duly carried and so ordered. 5. MANSIONIZATION WORKSHOP Planning Director Johnson opened up the public hearing to the Mansionization Workshop and stated he would like it to be an open forum for the Commissioners. He then introduced Sandra Bauer who then presented the workshop with a power -point presentation. During her presentation, Ms. Bauer stated the City could consider having a moratorium for a couple of months and opened it to the Commissioners for discussion. Commissioner Price asked how developers and applicants are shown guidelines at the public counter in the Planning Department. Planning Director Johnson stated we do not have guidelines, regarding design, further stating it is very subjective. He stated the lack of guidelines is the cause of the problem, and some projects are approved because they meet the standards. He stated guidelines would help eliminate many of the problems the Planning Department is having with mansionization. Commissioner Breen suggested something similar to a moratorium. Planning Director Johnson then described the houses in the photos which he presented in a power -point presentation, which depicted the exterior of several different single - family residential homes. Commissioner Herrera suggested taking into consideration the size of adjacent houses surrounding the project lot. Planning Director Johnson stated that may be too much restriction. He did agree that that type of restriction may work for some neighborhoods, but not all. Chairman Lopez made a suggestion to help the homes not look so large. Planning Director Johnson stated it is difficult to describe the type of architecture the architects are using because they are mixing the styles. He stated we need guidelines that will address all sizes of homes. He also addressed the garage placed sideways. Chairman Lopez is concerned that some applicants may question why some plans were approved that were similar to their plans which were denied. Planning Director Johnson said if the home is designed right, it can look very attractive. That is one option, the other he suggested lowering the FAR (floor area ratio). Commissioner Loi asked Planning Director Johnson if in his opinion, does he consider a 2,500 square foot home a comfortable home. Planning Director Johnson stated yes. Commissioner Loi stated he does not consider a 2,500 square foot home to be a mansion. Planning Director Johnson addressed unattractive fencing, large front porches, and the difference in character in comparison with adjacent houses, as he referred to the power - point presentation. City Attorney Price asked if the houses, that have passed through the Planning Commission, generate any complaints in regards to parking and /or traffic. Planning Director Johnson stated no, but some owners are forced to pave their yard to utilize for parking. He also stated it has caused difficulty with driving through the streets. Commissioner Herrera asked why some cities allow overnight parking and some do not. Planning Director Johnson stated one of the reasons is to limit population, and one other reason is to better monitor who is in the neighborhood. He stated that with these new houses, parking is not a problem because they have three car garages and long driveways. City Attorney Price asked if Rosemead has ever had restrictions on overnight parking. Planning Director Johnson stated no. He also addressed the problem with some of the three car garages that are built sideways. He stated this, at times, creates a parking lot in front of the house. Chairman Lopez asked if they can set some guidelines to place the garage in the rear of the house, as opposed to the front. Commissioner Kelty, although he did say he preferred the garage in the rear of the home, he mentioned the problem with the bright security lights that the home owners place in their backyard when the garage is in the backyard, that wakes up neighbors during the middle of the night when something, or someone sets them off. City Attorney Price asked if the Planning Department can set standards as to where the lights are to be directed. Ms. Bauer said yes. Planning Director Johnson said the City only requires ten feet between the wall and the house. Commissioner Herrera asked what the setback is for backyards. Planning Director Johnson responded by saying it is 25 feet. Chairman Lopez asked what the requirements for the height of a chimney are from the top of the house. Commissioner Kelty stated two feet. Chairman Lopez inquired as to any problems with drainage. Planning Director Johnson replied no, they drain into the street. Commissioner Breen asked if there is a `fill' restriction. Planning Director Johnson said there is not one as of yet Chairman Lopez suggested inviting architects to the workshop Planning Director Johnson and Ms. Bauer were conducting. Planning Director Johnson stated one of the problems they are encountering is that not all of the designers are architects. He showed several different two -story houses during the power -point presentation, that depicted good design, as well as designs the Planning Department prefer to steer away from. Chairman Lopez agreed with Planning Director Johnson and said we do need to implement some guidelines to assist in minimizing mansionization, and allow for neighborhoods to consist of somewhat similar homes. City Attorney Price stated that in his opinion, some final projects do not resemble the plans that were presented to the Planning Commission. Planning Director Johnson stated that they are what have been approved, but projects tend to appear differently once they are complete, in comparison to the plans. Ms. Bauer stated that some cities require visual analogies prior to approval. She also suggested that perhaps the Planning Department can require adjacent neighbors to sign off on the project that is being submitted. Commissioner Kelty suggested taking into the consideration the houses that are five to six houses on both sides of the project lot. He stated in some neighborhoods some houses can be considered mansions and in other neighborhoods, they are not. Planning Director Johnson stated that one of the problems the Planning Department is dealing with also, is the people purchasing one lot and then dividing it into different lots. Commissioner Kelty suggested to increase the setback between the house and the side walls, as the square footage of a house plan increases. Planning Director Johnson stated this may be difficult to do in Rosemead due to the small lot sizes. Ms. Bauer stated that some cities do increase the setbacks as the square footage increases. Commissioners Herrera and Kelty stated they would like to see an improvement on landscaping as well. Planning Director Johnson stated the Planning Department is very strict on the paving issue. He further stated there are hundreds of active cases and every week there are people at the counter complaining about having to tear out their pavement. Commissioner Herrera asked if City Hall needs to increase their personnel in order to address these types of issues, and asked if the City of Rosemead has the fiends in the budget for more employees. Planning Director Johnson stated that decision was up to City Council and the community. Commissioner Kelty asked Planning Director Johnson how many, if any, houses had not been built due to current restrictions. Planning Director Johnson stated there have been none. Commissioner Herrera asked if it was still a requirement for a homeowner to build a sidewalk in front of their home. Planning Director Johnson that is no longer a requirement. Chairman Lopez stated he is concerned that people will continue to insist on building large homes if the Planning Commission does not set specific guidelines regarding the sizes of houses that are allowed to be built in Rosemead. Planning Director Johnson agreed with Chairman Lopez and requested direction from the Commissioners, and is open to what the Planning Commissioners prefer. Chairman Lopez asked City Attorney Price if the Planning Commission has the legal G right to place demands as to what is acceptable. City Attorney Price stated that they do, and that it would be more fair if the public knew exactly what was allowed and what was not when they initially purchase property. Commissioner Kelty suggested finding the average size of the homes in the area, then allow homes to be built up to 15 percent larger in that particular area. Ms. Bauer stated she has never seen that type of guideline anywhere else. She offered to create a draft of guidelines to present to the Commissioners. Chairman Lopez accepted her offer. Further stating it would benefit the home owners to be aware of what exactly is acceptable and what is not. Commissioner Kelty stated he would prefer to have the standards a little flexible, according to how large the lot is and what types of houses are in that specific neighborhood, particularly the adjacent houses (five to six houses only on both sides). Ms. Bauer agreed with Commissioner Kelty as to be somewhat flexible, and stated it would take a few months for her to draw up a set of guidelines. She asked once again if the Commissioners would be interested in having a moratorium. Planning Director Johnson stated there are applicants whose plans were submitted 12 to 18 months ago, and have not been approved because the architects do not make all the changes the Planning Department requests prior to returning to the Planning Department for approval. City Attorney Price stated it is possible that some people may lose their financing due to conditional financing and is not quite sure how a moratorium will affect them. Planning Director Johnson stated there is a variety of applicants, such as single - family homes and developers. City Attorney Price stated the Planning Commission can impose a reasonable moratorium. Planning Director Johnson asked if it was possible to have one from a couple of months up to two years. City Attorney Price stated yes, that would be possible. Chairman Lopez asked City Attorney Price if the public would be able to sue the City. City Attorney Price stated they would not be able to do so. Commissioner Kelty inquired as to sending the homeowners a letter giving them an option prior to imposing a moratorium. City Attorney Price said the Planning Department could do that. Commissioner Kelty stated he would prefer not to impose a moratorium. Associate Planner Bermejo suggested presenting a brief staff report to the Planning Commission for their approval, or denial. Planning Director Johnson stated their have been applicants that have called the day of the Planning Commission Meeting and withdrew their project, knowing that their project will most likely be denied. Associate Planner Bermejo stated some of the applicants cannot be prepared when they require initial studies. Planning Director Johnson suggested a 15 day moratorium. Commissioner Herrera asked if the applicants' applications can be processed within 45 days. Associate Planner Bermejo stated that there are some that would have to be denied. She expressed her concern for the volume of work it would create for the Planners, particularly the time spent negotiating with the applicants. Ms. Bauer suggested to analyze how the guidelines are working one year from now. Chairman Lopez asked Ms. Bauer if they would be able to set forth a time for a moratorium. Ms. Bauer stated she can draw something up, perhaps by September so that it can go before City Council in October, then be modified at a later date. Planning Director Johnson asked the Commissioners' opinions as to when they should put together a moratorium. The Commissioners stated they did not feel it was urgent. Commissioner Herrera stated that it may help the applicants move their projects forward. Associate Planner Bermejo stated her concern that more people may apply now to beat the deadline. Chairman Lopez stated his concern that some may push the extreme prior to the moratorium. Planning Director Johnson stated the F.A.R. is too lenient. He stated the Planning Department's staff will work with the applicants and hold off on the moratorium. City Attorney Price asked Ms. Bauer if it would be possible to include photos in the guidelines. Ms. Bauer stated yes. Chairman Lopez opened the discussion to the public. One gentleman, sitting in the audience, began addressing the Planning Commission from his seat. He said he initially submitted his project for approval approximately 10 months ago and nothing has come to fruition and he does not understand why. He also expressed his desire to seek advice. 6. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Commissioner Herrera said she has complained about a house with two couches and a wading pool with green water that has not been taken care of Planning Director Johnson stated we do not have citation powers. Commissioner Kelty asked if we have citation powers with parking. Planning Director Johnson stated yes, but not with other violations. He stated this issue has been brought to the attention of the City Council. City Attorney Price stated the green and murky pool is a significant problem with mesquitos. Chairman Lopez advised Commissioner Herrera to contact the Vector Control to address this issue with her neighbor. Planning Director Johnson stated that Rosemead has hundreds of cases, such as these, in which staff is forced to be selective as far as which cases are more urgent and require immediate attention. He stated approximately 50 percent of the population in Rosemead are renters, which contributes to these types of problems. He stated he would address the issue regarding Code Enforcement not having the authority to issue citations for code violations. Commissioner Loi stated there is graffiti at 3200 Del Mar Avenue and also at 3203 Del Mar Avenue. 7 91 MATTERS FROM THE PLANNING DIRECTOR AND STAFF Planning Director Johnson encouraged the Planning Commissioners to attend the ribbon cutting at the new Los Angeles County Sherrif's Department Substation on August 17, 2006. ADJOURNMENT Chairman Lopez adjourned the Planning Commission Meeting at 9:31 p.m. BWJ /DA