Loading...
PC - Item 3A - Minutes 2-6-12Minutes of the PLANNING COMMISSION MEETING February 6, 2012 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 - Commissioner Saccaro INVOCATION - Vice -Chair Ruiz ROLL CALL - Commissioners Herrera, Hunter, Saccaro, ROLL CALL OF OFFICERS PRESENT: City Attorney Ramirez, Assistant Planner Trinh, Planning Intern 1. EXPLANATION OF HEARING PROCEDURES Greg Murphy, City Attorney, presented the procedures and 2. PUBLIC COMMENTS FROM THE None 3. CONSENT A. Approval of Mihutes - January -`1�, 2012 Commissioner Herrera mac Minutes o J"anuary,17, 2012` Vote resulted in: Yes:. Herre No:', None Abstain: =. ;, Eng, Absent None 4. PUBLIC HEARINGS �� Saccaro Eng kcting Community, Development Director and Commission'Secretary Lockwood of the meeting. Commissioner Hunter, to APPROVE the A. MODIFICATION 11.06 - UFC Gym has submitted an application requesting to modify the conditions of approval for Planned Development Review (PDR) 09.01, to allow UFC Gym to operate 24 -hours and to host televised events. The business is currently operating from 5:00 a.m. to 11:00 p.m. The subject site is located at 8920 Glendon Way, in the P -D (Planned Development) zone. Staff Recommendation - It is recommended that the Planning Commission CONTINUE the 1 public hearing for Modification 11.06. The applicant has indicated that they would like to make changes to their original modification request. Assistant Planner Trinh stated that UFC Gym has requested to continue this item so they can make modifications to their original request. Chair Eng asked staff if public hearing notices had been mailed out. Assistant Planner Trinh replied yes. Chair Eng asked Greg Murphy, City Attorney, if this item is Continued will public hearing notices need to be mailed." " Greg Murphy, City Attorney, stated that there are two (2),op1ions, (1) the Planning Commission may Continue the item until a date certain; or (2) the Planning,,Cornmission may Continue the item until a date uncertain and new public hearing notices can be mailed:He stated staff can have a'preference in that regard. Acting Community Development Director Ramirez stated that staff recommends that new public hearing notices be mailed out since staff is unsure what the new conditions will be. She stated staff would like to ensure that the notice has all the correct conditions that the applicant is applying for. Chair Eng stated so it is recommended that this item Planning Commission if they agree with this recommenr The Planning Commission stated yes, they agree. Chair Eng then asked for by Vote resulted in: Eng, Herrera, Hunter, Ruiz, Saccaro No: Abstain: Absent: uncertain and asked the Herrera to Continue the public hearing B. CONDITIONAL USE PERMIT 11 -13 - Anh Vo has submitted a Conditional Use Permit application requesting to operate a tutoring center for children in the 6th through 12th grades, located at 4213 Rosemead Boulevard, Unit B in the C -1 (Neighborhood Commercial) zone. PC RESOLUTION 12 -02 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 11.13, FOR THE OPERATION OF ROSEMEAD TUTORING iN CENTER LOCATED AT 4213 ROSEMEAD BOULEVARD, UNIT B. Staff Recommendation - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission APPROVE Conditional Use Permit 11.13 and adopt Resolution 12 -02, subject to the conditions. Planning Intern Joaquin presented staff report. Chair Eng stated that a revised Staff Report has been given to the asked staff to clarify what corrections have been made to the Staff Rel Acting Community Development Director Ramirez replied the cort (4) item B, the findings were not printed in the Staff Report as it', will find that in the Resolution the findings were left off. Vice -Chair Ruiz confirmed with staff that they were just „typos: Acting Development Director Ramirez replied yes.f Chair Eng asked Greg Murphy, City changes. Greg Murphy, City Attorney, replied that there Chair Eng asked staff if Planning Intern Joaquin-replied that Chair Eng asked Planning Commission tonight. She Staff Report is on page four he stated, in addition, you the Staff Report, will need to be re- posted due to the this and explained why. being added or is one being revised. is being added. is being added. Acting Community Development Director Ramirez explained that this is a new Condition of Approval that is being ,bdded because the ;original site- plan had some errors on it. She stated staff is adding the new Conditio,n'of Approval so thatybefore the project gets signed off, their site plan will accurately reflect what was Chair Eng asked -staff if the applicant is in agreement with the change and the added Condition of Approval. Planning Intern Joaq6i649p1ied yes. Greg Murphy, City Attorney, stated he recommends that an additional sentence to Condition of Approval number eleven (11) read 'Prior to submittal to the Planning, Building, Fire, Sheriff, and Health Departments for any approvals related to this Conditional Use Permit, the applicant shall submit a revised and correct site plan to the Planning Division, which will be subject to Division review and approval." Acting Community Development Director Ramirez stated that the applicant is present tonight if the Planning Commission would like to confirm that he understands this request. Chair Eng asked the Planning Commission if they had any questions or comments for staff. Vice -Chair Ruiz asked staff what is the time limit for the instructional period. Planning Intern Joaquin replied the project narrative states the instructional period will be approximately twenty (20) to forty (40) minutes. Vice -Chair Ruiz confirmed with staff if there will be a break in between instructional periods to allow students to leave and new students to enter. ,. Planning Intern Joaquin replied yes. Vice -Chair Ruiz requested that this is made clear in the Acting Community Development Director Ramirez make sure we understand their time limits. Chair Eng requested clarification for the required Assistant Planner Trinh replied accordin hundred and fifty (250) square feet building and divide it by 250 they meet the Chair Eng confirmed with on square footage and nc Assistant Planner Triri1 different for restaurant u one (1) per two hundred Chair End asked staff`if;tt+ the insurance company. Planning fn {ern Joaquin re Chair Eng asked staff if all Planning Intern that ing to there is a break time. that we confirm with the applicant to site. al center it was parked at one (1) per two if 'yoyJotal the square footage of the parking requirement is based red and the parking requirement would be center is office and retail so it is parked as be taking over the insurance of the two units that were vacated by in this commercial center are leased. yes, and read a list of each business occupying a unit. Chair Eng referred to Condition of Approval number twenty -two (22) and asked staff if the tutoring school le would be able to keep a business vehicle onsite during business hours if they had one. Assistant Planner Trinh replied that the applicant has indicated he will not have any business vehicles. She stated that if there was a business vehicle it would require another parking space and the applicant has chosen not to have any business vehicles. Chair Eng asked staff what is being changed on the site plan. M Assistant Planner Trinh replied there was an error regarding Fire Department occupancy load number, which does not pertain to this type of business. She stated the applicant is limited to the number of students in the staff report. Chair Eng asked staff if there will be a separate men's and women's restroom. Planning Intern Joaquin replied yes and the applicant is currently in the process of acquiring permits from the Building Department. Chair Eng stated according to the site plan it states that the and that is why it is required to have a separate men's and v Assistant Planner Trinh stated that the applicant may Chair Eng recommended that applications re explained that it could save time, money, and need to go to the Planning Commission. 1mum,cbcUpancy load will exceed ten (10) m's restr`oortf,, w that came about: of use be reviewed at a; staff level. She )cedure, for this type of use and would not Vice -Chair Ruiz stated that it is important thetthe Planning Commission oversee the Conditions of Approval because it is the conditions that the City is ;'putting on the applicant. He also stated it is important that the Planning Commission make the decision whether it is a yes or no "and to be aware of what is going on. He stated if decisions are to be made at staff level then' .Why _wouId there be a need for a Planning Commission. ;. Chair Eng stated that shoe agrees the requirements need tob' updated and Commissioner Hunter commentedah� (8) students „and five (5) parking pac Chair Eng'stated that question can questions for None Chair Eng opened the Public Hearing a need fo�,a Planning Commission and expressed that parking = indings- paragraph it states there will be one (1) instructor, eight 11 She asked if -it will always stay this way. to the applicant. She asked if there were any other and invited the applicant to the podium. Anh Vo, applicant, stated he is available to answer any questions. Vice -Chair Ruiz asked Anh Vo how long the classroom instruction sessions will be and if there will be a break in- between sessions to give students time to exit the classroom and for new students to enter. Anh Vo replied that he will be open Monday through Friday from 3:00 pm to 7:00 pm. He stated each session will be from forty (40) minutes to one (1) hour with a maximum of eight (8) students. He stated they will have five (5) to ten (10) minutes to exist and enter from classroom. He stated the students will be sixth (6th) to twelve (12th) graders and the subjects he focuses on are math, chemistry, and physics. 01 Vice -Chair Ruiz confirmed with the applicant that there will be break in- between sessions for students to leave the premises and for the new students to come in. Anh Vo replied that is correct. Vice -Chair Ruiz asked Anh Vo if he would agree to a condition being added that required for a five minute period break for students to leave the premises and for new students to enter. He explained that this will help with parking concerns and will create a smooth transition of students entering and exiting the premises. Commissioner Hunter asked if five (5) minutes will be enough time Anh Vo replied that there is a waiting room for students feel five (5) minutes will be enough time. Vice -Chair Ruiz commented to Anh Vo if there is a only five (5) parking spaces, where will the other issues are created. Chair Eng asked Anh Vo if parking Anh Vo replied right now he is allowed five (5), p students off rather than using.the parking spaces, 1 Muscatel School and expects some students will w Chair Eng asked Anh Von how many students are in one time. room does he in and out. them up, so he does (8) students in it and there are He stated this is how parking other alternatives to address it. and he ;plans to require parents to drop its location is five (5) minutes away from session and how many subjects are taught at Anh Vo replied it;will depend on, the"istudent, but usually all three subjects are taught. Anh Vo if he has orieautor for all three subjects. Anh Vo replied yes. Chair Eng asked'Ahh Vo howfnany students are in one session. An Vo did not reply to the question but explained that when students go to his center he plans on checking their homework, going over their lessons, and spending a few minutes with each student. Chair Eng asked Anh Vo if he is currently running a tutoring service or if he is relocating from a previous location. Anh Vo replied no this is his first time running a tutoring service. Commissioner Hunter inquired about possible parking issues if parents plan to wait for their children instead of just dropping them off. rem Commissioner Herrera asked Anh Vo if students will need to be signed in by a parent or will students be able to just walk in from Muscatel Intermediate School or Rosemead High School. She also asked what the maximum number of students allowed at a time is. Anh Vo replied that students can walk in and that they do not need to be signed -in by a parent. He stated parents will required to leave once their child is dropped off. He also replied that eight (8) students is the maximum amount allowed. Commissioner Herrera asked Ahn Vo if there will ever be twelve (12) or more'sitfing in the classroom at the same time. Anh Vo replied no and explained that there is only one (1) classroom with space for only eight (8) students. He stated there is a waiting room for students being picked up,:,",. Vice -Chair Ruiz asked Anh Vo if he will be giving Anh Vo replied no and that the waiting room is just for Vice -Chair Ruiz asked Anh Vo how long will`,parents or Anh Vo replied the maximum time limit will Vice -Chair Ruiz asked Anh Anh Vo replied yes. the students in the or parents to wait. in the waiting room. into a Condition of Approval. Greg Murphy, City Attorney, stated,if that,Condition ofApproval is put in, it will have to be crafted very carefully because it can create some- public`safety,,,concerns and explained why. He also stated that it could create somepotential liability or the City if tae applicant complies with the cities demands and then there isAfthfortunate inbident: He,stated if the Planning Commission would like to go in that direction a Condifon," %can be written thaf is appropriate, but not while this meeting is going on and it would have to be broughf iback at a later date '�He also, ' explained that there is nothing in the Conditions of Approval that limits the number of parking spaces that can be allocated to the applicant within the shopping center. He stated that is a private issue between the applicant and landlord, so long there are sufficient spaces to meet the City standards. for the use, wh)ch there are. He stated whether the applicant is allocated five (5) spaces by his landlord or the,,applicant In his private lease agreement with the landlord is able to obtain more spaces is strictly up to h `He stated that some modifications can probably be done to Condition of Approval number twenty -one (21) regarding not allowing too many people to be on the site, but that could lead to a problem with people sitting in their cars instead of going into the applicant's unit. He stated this could potentially end up with a landlord /tenant issue and the City does not want to get involved with that. He stated that the wording can be changed in Condition of Approval number twenty-one (21) but then it would have to come back to the next Planning Commission meeting. Vice -Chair Ruiz recommended that it should be added but worded very cautiously so there is no liability for the City. He stated as long as the site plan is being revised that the Fire Department be contacted to confirm all regulations are being met. 7 Chair Eng asked Anh Vo, if eight (8) students and one (1) instructor is practical and makes business sense for him and would he be able to cover his expenses with only eight (8) students per session. She expressed that she would like him to agree to Conditions of Approval that will work for him. Anh Vo replied yes it will work for him. Chair Eng stated that she agrees with Commissioner Herrera that some students at a certain age may just walk in and not come in a car. She stated we would like to make sure parking should make some sort of sense. Commissioner Hunter stated that under student pick up and drop off; it'states you are required to escort the child in and out of the classroom. Chair Eng asked Greg Murphy, City Attorney, if this should be "a Condition of Approval and would this go back to the concern of imposing a time limit on how long a'parent can wait. Greg Murphy, City Attorney, replied this would be different in term student from a parked car to the center would avoid problems ;in th having students running across the parking, lot into the center�:He used for other educational facilities and he understands how it cam enforceable this can be under rainy day situations Chair Eng expressed to Anh Vo that to meet his`parking rgquirernent (8) students and one (1),instructor per session"She also asked st students and one (1) instructor will it require additionailparking spaces. Assistant Planner (2) students. She Chair that it Anh Vo replied yes he agrees. Vice -Chair Ruiz`a'slted Anh Anh Vo replied yes. s `of waiting. He stated escorting a e` parking lot such as cars idling and stated that this condition has been e into being, but does not know how important that he only has eight if there are more than eight (8) is requGed to have one (1) parking space per every two utlents.then it will require six (6) parking spaces. plicant that he understands the importance of the parking requirement and to hi'm`and that he is agreeable. is the instructor, Chair Eng asked if there were anymore questions. Commissioner Hunter asked if the applicant understands the consequences if he has more than eight (8) students. Vice -Chair Ruiz replied that staff will be able to instruct the applicant with that concern. He thanked the applicant and explained that the City Attorney will draft up the revised Conditions of Approval and his Conditional Use Permit will be approved at the next Planning Commission meeting. Greg Murphy, City Attorney, stated for clarification, this item will come back to the Planning Commission for final vote at the next meeting. Chair Eng asked if there was anyone else wishing to speak on this item. ILI 9 i Chair Eng closed the Public Hearing. She clarified with the Planning Commission that this item may need to come back to the next Planning Commission meeting. Vice -Chair Ruiz stated the language in Condition of Approval number twenty -two (22) needs to be revised. Greg Murphy, City Attorney, stated if changes are going to be trade based on =comments of the Planning . Commissioners and applicant tonight, staff and the City Attorneys office would like'a motion directing us to modify Conditions of Approval numbers twenty -one (21) ,a6d twenty -six (26) and any other applicable conditions to respond to the Commissions concerns ,about students waiting before orfafter their study sessions and with respect to parking issues with parents or,students waiting. Commissioner Herrera asked staff if Assistant Planner Trinh replied that a ( business is operating the Conditional Use Chair Eng asked staff that `as ''londa as the the threshold..: Assistant Planner Trinh replied yes year time limit for a Conditional Use Permit application. the land and as long as the if it ceases, is six (6) months Commissioned Herrera asked 'staff if-the applicant does'not comply with all the Conditions of Approval in the future or,if,t#ie`te is parkittg,concerns,�what recourse the City would have. Acting Community Development Directbry Ramirez, replied if a complaint is received staff will contact the applicant 66d, discuss the issue:/She stated the applicant will be given a time frame to make the needed corrections.' If" they do not make); the corrections, then staff will start the Revocation process of the Conditional Use Permit.' Commissioner Herreraconfirmed with staff that the applicant would then be jeopardizing his Conditional Use Permit to do business;' Acting Community Development Director Ramirez stated that is correct. She stated if the applicant came back at a later date requesting to expand his business staff would deny his request. Commissioner Herrera recommended that this application be approved tonight and that it does not need to be brought back to the next Planning Commission meeting. Chair Eng stated that she agrees with Commissioner Herrera and explained why. W Acting Development Director Ramirez stated that the community is a very active community and when an applicant violates their Conditional Use permit, the city finds out very quickly. She stated then staff calls that applicant to try and resolve the issue. She stated that staff has made it very clear to the applicant and that he understands he is limited to eight (8) students and one instructor (1). Chair Eng asked Vice -Chair Ruiz if he would like to keep his request of this application coming to the next Planning Commission. Vice -Chair Ruiz replied that he would like to keep the five (5) minute trans`itioial period in- between class sessions. Greg Murphy, City Attorney, stated that will bean easier change to 'm in or out. He stated that an added sentence to Condition of Approw the applicant shall provide a five (5) minute transition period `6etw students into and out of the site. He explained this will provide for have to wait in the waiting room. Vice -Chair Ruiz stated that he agrees with this transitional Chair Eng stated staff will revise Condition Greg Murphy, City Attorney, stated that he h'as number twenty -one (21). He stated;if the Planning it would be to make a motio)`fo`approve the Reso to Conditions of Approval tiUmbers elevsl ,(11) and Vice -Chair Ruiz made'a Permit 11.13 and adopt Vote number tv (21). ke and itwould not be forcing people number twenty -one (21) stating that en classes 'to allow for passages of a little flow time to students will not constant movement. (21). `o revise Condition of Approval approve what was made tonight with the additional amendments mer Herrera, to APPROVE Conditional Use conditions. , Ruiz, Saccaro Greg Murphy, City Attorney; stated there is a ten (10) day appeal period where anyone wishing to take action against the decision made tonight by the Planning Commission may do so. He let the applicant know that staff will contact him to let him know when he can proceed with his business. 5. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Hunter asked staff why the Baby Toy -Town sign is still up. Acting Community Development Director replied staff will check on that and report back to the Planning Commission. 10 Chair Eng stated she would like staff to look into have tutoring centers of this matter possibly being approved at staff level. She also stated it is important that we look into a solution for lack of parking in the city and that it needs to be addressed. 6. MATTERS FROM STAFF Acting Community Development Director Ramirez reminded the Planning Commission that the next Planning Commission meeting for Monday, February 20, 2012 is on the President's Day Holiday and City Hall will be closed. She stated that when a holiday falls on a Monday, andrCi'ty Hall is closed it is usually moved to the following Tuesday. Unfortunately, due to schedule conflicts if'cannot be scheduled for that Tuesday. Therefore, staff would like to recommend that the next Planning Commission meeting be held on Monday, March 5, 2012 at 7:00 pm. Chair Eng asked the Planning Commissioners if they are 5, 2012. Planning Commissioners replied yes, they are 7. ADJOURNMENT The next regular Planning Comr 7:00 p.m., due to City Hall being Holiday. ATTEST: 11 to attend the meeting on Monday, March ry, February 21, 2012, at for the President's Day