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PC - Item No. 3A - October 3, 2011 MinutesMinutes of the PLANNING COMMISSION MEETING October 3, 2011 The regular meeting of the Planning Commission was called to order by Chair Eng at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Chair Eng INVOCATION - Commissioner Saccaro ROLL CALL — Commissioners Herrera, Hunter, Saccaro, Vice -Chair Ruiz, and Chair Eng ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, City Planner Bermejo, Assistant Planner Trinh, and Commission Secretary Lockwood EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes September 19, 2011 Commissioner Herrera made a motion, seconded by Vice Ruiz, to approve the Minutes of September 19, 2011 as presented. Vote resulted in: Yes: Eng, Herrera, Ruiz, Saccaro No: None Abstain: Hunter Absent': None 4. PUBLIC HEARINGS A. Modification 11.03 - Sandra Dan has submitted an application to modify Conditional Use Permit 07- 1095, to expand the existing San Fernando Music School, located in Unit 2409 into Unit 2251 within the commercial center. The subject property is located at 2245.2409 San Gabriel Boulevard, in the C- 3 (Medium Commercial) zone. RESOLUTION 11.20 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 11- 03, TO EXPAND THE EXISTING SAN FERNANDO MUSIC SCHOOL INTO UNIT 2251 WITHIN THE COMMERCIAL CENTER, LOCATED AT 2245.2409 SAN GABRIEL BOULEVARD IN THE C3 (MEDIUM COMMERCIAL) ZONE. Staff Recommendation • Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Modification 11.03 and ADOPT Resolution No. 11.20 with findings, subject to the thirteen (13) new conditions and twenty-one (21) existing conditions. Assistant Planner Trinh presented staff report. She stated staff is recommending this item be Continued to the regular Planning Commission meeting to be held on Monday, November 7, 2011, due to the fact staff has received information and a petition this morning from the business owners within the commercial center opposing the expansion of the San Fernando Music School. She also stated this will give staff time to investigate this matter. Chair Eng stated that staff has recommended this item be continued to the Planning Commission meeting to be held on Monday, November 7, 2011 to review the information they have received. She also stated Speaker Requests have been submitted to speak on this item and asked Greg Murphy, City Attorney, to explain what options there are for tonight's comments. Greg Murphy, City Attorney explained that comments are welcomed tonight, but will have more impact if they are presented at the November 7, 2011 Planning Commission meeting. He stated if the person is not able to attend the November 7, 2011 meeting then they should speak now. He also stated the Public Hearing will remain open until a motion is made to Continue this item to the November 7, 2011 Planning Commission meeting and remain open until November 7, 2011. Chair Eng opened the Public Hearing. Daniel Pallan, business owner of Santa Margarita Medical Clinic, expressed his concern with the expansion of the San Fernando Music School. He handed and read a letter addressed to the City of Rosemead Planning Commission from the business owners of La Paloma Bakery, Novillo Market, and the Santa Margarita Medical Center stating that they are against the expansion of the music school because of parking concerns. He stated parents of the San Fernando School are loitering in the parking lot, making it full, which is affecting the sales of the other business owners in this shopping center. He also stated there was another business owner, not present at this meeting, and he was told she had closed her business due to the parking concern. Yoel Dan, applicant of the San Fernando Music School, explained that he has requested that the parents drop their children off and not wait for them in the parking lot to help with the parking concern. He also stated his customers are shopping at the market and bakery; and some of the businesses have put tow away signs up. He expressed that if he is not allowed to expand and have more students it will hurt his business and he may have to close it. Felipe Cabral, business owner of the Novillo Meat Market, expressed concern that the parents are waiting in the parking lot for their children to finish their music lesson and he would like to have some parking control within the shopping center. He stated that the parents occasionally purchase items from them but he is losing sales because of parking availability. Manuel Garcia Rivera, business owner of the La Paloma Bakery, stated in Spanish (staff helped translate) that since the San Fernando Music School started their business there is not enough parking because the parents are waiting in their cars in the parking lot and is causing his business to lose customers. He also stated that he may need to close his business if the parking is not controlled. He submitted pictures to the Planning Commission and requested that the Planning Commission help him. Chair Eng stated that the Public Hearing will be left open until November 7, 2011 and asked for a motion to continue this item. Vice Chair Ruiz made a motion, seconded by Commissioner Herrera, to CONTINUE Modification 11.03 and ADOPT Resolution No. 11.20 with findings, subject to the thirteen (13) new conditions and twenty -one (21) existing conditions to the November 7, 2011 Planning Commission meeting. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None B. Conditional Use Permit 11.11 - Leticia Rivera has submitted a Conditional Use Permit application, requesting to construct a 543 square foot second -story second residential unit above an existing three -car garage, located at 8427 Wells Street in R- 1(Single Family Residential) zone. PC RESOLUTION 11 -21 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 11 -11, REQUESTING TO CONSTRUCT A NEW SECOND -STORY SECOND RESIDENTIAL UNIT, TOTALING APPROXIMATELY 543 SQUARE FEET, LOCATED AT 8427 WELLS STREET IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE. Staff Recommendation - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 11.11 and ADOPT Resolution No. 11.21 with findings, subject to the twenty -eight (28) conditions. Assistant Planner Trinh presented staff report. Chair Eng asked if the Planning Commission had any questions for staff. Commissioner Saccaro asked staff if this unit will be rented out or will it be a family unit. Assistant Planner Trinh replied according to the applicant this will be a family unit. Commissioner Saccaro asked staff if the applicant/owner moves out is it possible to rent it out. City Planner Bermejo replied according to the Rosemead Municipal Code the property owner has to live in one of the two units at all times. Commissioner Saccaro asked staff what about the second unit. City Planner Bermejo replied they can chose to live in the second unit or in the main dwelling. Commissioner Saccaro asked staff if that would be a disservice to the neighborhood to have a rental in an area that is considered a single - family residence. Vice -Chair Ruiz recommended that question be addressed by the City Attorney and asked if what is being constructed is legal. Greg Murphy, City Attorney, replied that state law requires each City to have some areas in the City where second units like this can be built as a matter of right. He stated that the law provides you can condition the building of units, if there are special kinds of impacts in the neighborhood. He stated in the City's Ordinance reads that if there is a first floor a second unit would be allowable by right, but for a two story unit a second unit addition will come before the Planning Commission so it may be reviewed and conditioned�in a way that it won't impact the neighborhood. He also stated there is not a practical way to limit who lives in the unit and most of these units are intended to be used by family, but the owner does have the ability to rent them out if it is the owner's wish. i Commissioner Hunter asked staff if the tree on the right side of the house, which covers a lot of the second floor, will be removed. i Assistant Planner Trinh replied no, it will not be removed. Commissioner Herrera asked staff what is the total square footage of the existing home. Assistant Planner Trinh replied the existing home is 1,900 square feet. Chair Eng asked staff what is the total square footage including the second unit. Assistant Planner Trinh replied the total square footage including the second unit it is less than 2,500 square feet. Commissioner Herrera asked staff what is the floor area ratio. Assistant Planner Trinh replied it is 31.75 percent. t Chair Eng clarified with staff that the existing single - family residence currently has a second story and the granny unit is just an extension of the existing second story. Assistant Planner Trinh replied that is correct. Chair Eng asked staff how big is the granny unit. i Assistant Planner Trinh replied it is 543 square feet. Chair Eng asked if there were any other questions for staff. None Chair Eng opened the Public Hearing and asked applicant to podium. Assistant Planner Trinh stated applicant is not present. Chair Eng called speaker request William Matson to the podium. William Matson, resident, stated he has been a resident of Rosemead for over 40 years. He stated that he is opposed to Conditional Use Permit 11 -11 because the neighborhood is an older single-family neighborhood and it should stay that way. He expressed concern that if this is approved it will open doors for other resident's to do the same and, however small the unit may be, it will lead to multiple vehicle parking. He also expressed concern that it will lead to parking concerns and congested traffic. Chair Eng asked if there was anyone else wishing to speak on this item None Chair Eng closed the Public Hearing and asked if the Planning Commission had anymore discussion before action is taken. Vice -Chair Ruiz expressed to the Planning Commission that Conditional Use Permit 11 -11 should not be disapproved because of parking and traffic concerns and asked staff if the applicant has provided enough parking. Assistant Planner Trinh replied yes, a three car garage is provided, and explained that the main house requires a two car garage and the second residential unit requires one parking space. She stated the applicant has met all the parking requirements for both units. Vice -Chair Ruiz stated that it is important that the applicant has met the parking requirements. He also stated he understands Mr. Matson's concerns with street parking and explained that the applicant has the right to legally build the addition therefore the Planning Commission cannot decline the applicant's request. Chair Eng asked City Attorney Murphy, since it is legal for the granny unit to be built under state law, is possible for the Planning Commission to put in place a Condition of Approval so the additional unit may not be utilized as a rental. Greg Murphy, City Attorney, replied that under state law it does not allow that the owner be limited as to who can live in the unit. Commissioner Herrera stated there is a covenant that can be signed but enforcing it is another issue. Chair Eng expressed that she agrees with Vice -Chair Ruiz and this addition is permitted under state law but under the Municipal Code the Planning Commission does have the ability to have some say on how these type of units are constructed and to help guide the applicant. Vice -Chair Ruiz asked Greg Murphy, City Attorney, if the City of Rosemead's Municipal Code allows that garage's be used for vehicles only and not be used as storage. Greg Murphy, City Attorney, replied that he will defer that question to staff but he believes there is not anything in the Municipal Code. Assistant Planner Trinh replied the Municipal Code does not. Vice -Chair Ruiz expressed concern with the current City of Rosemead's Municipal Code requirements and recommends that it is updated to address using garages for vehicles only and not storage. Commissioner Hunter asked if using garages for vehicles only would be under a homeowner's ordinance. Vice -Chair Ruiz replied it would be under a Municipal Code and other cities do not allow garages to be used as storage only. Commissioner Herrera stated that it is hard to enforce this concern and the only option is to not allow overnight parking in the street. Vice -Chair Ruiz stated the City of Arcadia and Temple City does not allow overnight street parking and a permit is required. Commissioner Herrera stated the City of San Dimas also does not allow overnight parking and you need a permit to park overnight in the street. Chair Eng asked staff if the wood fence on the property will be replaced Assistant Planner Trinh replied the applicant is not intending to replace the wood fence but staff did add a Condition of Approval stating that the existing fencing has to meet the existing zoning requirements and 20 feet of that fence will have to be brought down to four feet. She also stated a Condition of Approval for the fencing to be replaced can be added if its the Planning Commission's desire. Chair Eng recommended that a Condition of Approval be added stating that the fence be repaired due to the wood fencing being so dilapidated. Vice -Chair Ruiz recommended instead of repairing the wood fence wouldn't the Planning Commission like to see the fence replaced with block wall to follow the construction being done throughout the City. Chair Eng stated if that is what the Planning Commission would like to recommend. Vice -Chair Ruiz recommends that the wood fence be replaced with block wall to match the existing fence and stated it will enhance the neighborhood. Greg Murphy, City.Attomey stated a sentence can be added to Condition of Approval number twenty -four (24) stating that the wood fence be replaced with block wall to match the existing fence. He also stated the applicant will need to accept this condition or this matter will have to return to the Planning Commission. Chair Eng asked if there were anymore questions. None Chair Eng asked for a motion. Commissioner Herrera made a motion, seconded by Vice Chair Ruiz, to approve APPROVE Conditional Use Permit 11 -11 and ADOPT Resolution No. 11.21 with findings, subject to the twenty -eight (28) conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS i Commissioner Saccaro asked staff if there is an ordinance restricting time limits in private parking lots Assistant Planner Trinh replied according to the Public Safety Department they can not enforce parking on private property. I ` Commissioner Hunter expressed concern with the comer of Walnut Grove and Mission and commented it looks bad and requested staff contact Southern California Edison to do something about it. She also stated she has received numerous complaints. City Planner Bermejo stated she has sent a letter to AT &T, the present cell site operator, requesting that they maintain the weeds. In addition she has contacted Southern California Edison and they will also help in enforcing the weeds to be maintained. She stated staff will have an update on this matter at the November 7, 2011 Planning Commission meeting. Commissioner Hunter stated there is work being done behind the McDonalds located on Walnut Grove and Valley and that the protective green sheeting on the fence is pretty wom out. She asked staff why it is allowed to stay that way. City Planner Bermejo replied staff will check on the status of the fence and explained that since the site is under construction the fencing is required to be there. Commissioner Herrera stated a resident contacted her to report there is a large commercial truck parked in the driveway of 8433 Norwood and that it is sticking out of the apron. She also asked staff to clarify which paint colors will be used on the Universal Bank on Valley Boulevard across from City Hall. She expressed concern that the colors did not look like the ones that the Planning Commission selected. Assistant Planner Trinh explained where an example of the revised colors had been painted and that the new colors are more of a tan color. She also reassured the Planning Commission that the colors are the tan colors that the Planning Commission agreed upon. Staff stated the property owner is anxious to paint the building with the revised color and recommended the Planning Commission take another look at the sample on the building soon, so as the Planning Division can let the property owner proceed. Vice -Chair Ruiz stated that on the south side of the street on the 9600 block of Marshall, located between Temple City Boulevard and Ellis Lane, trash containers are visible from the street in front of the homes. He also stated there are a few homes on Temple City Boulevard to Valley Boulevard. He asked staff if there were limitations in the City of Rosemead's Municipal Code on what type of vegetation is allowed in front yards. City Planner Bermejo replied the Municipal Code does not have limitations on plant materials for residential front yards. 6. MATTERS FROM STAFF A. Wal -Mart's Annual Review of Conditions of Approval - Noise Compliance Matter City Planner Bermejo presented staff report which included the review of the Cities Noise Control Ordinance and an overview of the different types of noise studies that have taken place at Wal -Mart. She also stated it includes the review of staffs site inspection of 1923 N. Delta Avenue, which took place on September 26, 2011. Chair Eng stated she appreciates staff looking into this matter and feels this is a legitimate and reasonable complaint. She also stated the majority of the noise is ambient noise which is very different from a continuance noise and we need to distinguish the two. She also pointed out her observations of the Noise Survey Tables in Table 3 -1. Commissioners Herrera and Ruiz asked staff which table Chair Eng was referring to for clarification of noise level measurements. City Planner Bermejo explained to the Planning Commission the table Chair Eng was referring to and gave a brief description of locations and times of how the noise level studies were conducted. Commissioner Herrera asked staff if the noise factors such as sprinklers and traffic on Rush Street were present before Wal -Mart was built. City Planner Bem ejo replied that this noise study was taken on September 30, 2008 and there is not any historical data or noise study before that date. Mary Farris, resident stated she appreciates all the comments tonight, but her concern is not with the noise outside, it is with the noise that comes into her bedroom when she wants to go to sleep. She states the humming noise is constant and comes through her windows and vents. During the day it does not bother her but she is approaching 80 years old and when she wants to go to bed she needs her rest. She also stated that the sprinklers and siren noises come and go but the noise coming from Wal -Mart is constant. She also submitted a letter to the Planning Commission from her neighbor that is also concerned with the constant humming. She asked the Planning Commission if Wal -Mart cannot do anything about the noise, is there anything the City can do for her, such as a grant. Chair Eng recommends that staff work with Wal -Mart and the complainant to see if it is possible to mitigate this concern. Greg Murphy, City Attorney, stated that that it would be appropriate to determine if mitigation is possible and for staff to bring a report back to the Planning Commission in the near future but to a date uncertain. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, November 7, 2011, at 7:00 p.m. Nancy Eng Chair ATTEST: Rachel Lockwood Commission Secretary