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PC - Minutes - 07-02-12Minutes of the PLANNING COMMISSION MEETING July 2, 2012 The regular meeting of the Planning Commission was called to order at 7:00 p.m., by Chair Eng in the Council Chambers, 8838 E. Valley Boulevard, California. PLEDGE OF ALLEGIANCE - Chair Eng INVOCATION - Commissioner Saccaro ROLL CALL - Commissioners Herrera, Hunter, Saccaro, and Chair Eng ABSENT — Vice Chair Ruiz ROLL CALL OF OFFICERS PRESENT: Community Development Director Ramirez, City Clerk Molleda, Planning Technician Casillas, Commission Secretary Lockwood City Clerk Molleda administered the Oath of Office for Commissioners Eng and Saccaro. Community Development Director Ramirez stated she will now open nominations for Chair. Commissioner Saccaro made a motion, seconded by Chair Eng to nominate Vice Chair Ruiz as Chair. Vote resulted in: Yes: Eng, Herrera, Hunter, Sacarro No: None Abstain: None Absent: Ruiz Community Development Ramirez opened up nominations for Vice Chair. Commissioner Eng made a motion, seconded by Commissioner Herrera to nominate Commissioner Hunter as Vice Chair. Vote resulted in: Yes: Eng, Herrera, Hunter, Sacarro No: None Abstain: None Absent: Ruiz Community Development Director Ramirez stated Chair Ruiz is not present this evening and that Vice Chair Hunter will conduct the meeting in his absence. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Community Development Director Ramirez presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 12.03 - Pon Liu has submitted a Conditional Use Permit application requesting to operate a used auto sales business located at 8512 Garvey Avenue in the C -3 (Medium Commercial) zone. PC RESOLUTION 12.09 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 12 -03, FOR THE OPERATION OF USED AUTO SALES BUSINESS LOCATED AT 8512 GARVEY AVENUE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission APPROVE Conditional Use Permit 12.03 and adopt Resolution 12 -09, subject to the twenty -six (26) conditions. Planning Technician Casillas presented staff report, which included a recommendation on behalf of Vice Chair Ruiz to require the applicant to install a block wall along the east property line in place of the current chain link fence. Vice Chair Hunter asked the Planning Commission if there were any questions or comments for staff. Commissioner Saccaro asked if the cars for sale can be displayed in the front of the building instead of the back or is there an "RMC" (Rosemead Municipal Code) that forbids this. Planning Technician Casillas replied that the applicant can display the cars in the front, however there are only three (3) spaces allowable in the front, of which one is for handicap, and there are seven (7) parking spaces in the back. Commissioner Eng asked staff if the applicant has agreed to Chair Ruiz recommendation. Planning Technician Casillas replied she has not talked to the applicant and it would be up to the applicant if he wanted to install new block walls. She also stated it would be up to the Planning Commission to add a Condition of Approval to require new block wall be built. Commissioner Saccaro asked staff where Chair Ruiz requested that the block wall to be installed. Planning Technician Casillas replied along the east property line where an existing seven (7) foot chain link fence is located. Commissioner Saccaro stated he understands there is a rod iron fence on the other side of this fence and asked staff why we would we block it. Planning Technician Casillas replied that the rod iron fence is not on the side property line, it is on the front property line. Commissioner Saccaro asked if the fencing must be on the property and if the adjoining property's fence can be used. Planning Technician Casillas replied the fence is there and it would secure the lot. Community Development Director Ramirez asked Planning Technician Casillas if she had a picture available for demonstration. 2 Planning Technician Casillas replied it is in the staff report. Commissioner Saccaro stated that he understands the existing fencing should be torn down, but he stated behind that fencing is a rod iron fence from the neighbor. He asked why it is being asked to put a block wall to hide that fencing, unless it is required that the fencing has to be on the subject property. Planning Technician Casillas replied no, it is not a requirement that the fence has to be on the subject property. Commissioner Saccaro asked why a block wall needed to be installed. Planning Technician Casillas replied it does not as there is an existing fence. Commissioner Saccaro agreed with Planning Technician Casillas. He asked staff if the rod iron fencing on the front of the property line was also being moved. Planning Technician Casillas replied that the applicant needs to reduce the fence height to four (4) feet (maximum per code). Commissioner Saccaro expressed concern because the current rod iron fence is decorative and it would be a shame to remove it and have wide open space. He also commented that there are other buildings in the area with decorative rod iron fences that is not as attractive as the subject property and asked if it is necessary that the applicant remove it. Community Development Director Ramirez replied yes, it is required by the Rosemead Municipal Code. Commissioner Eng asked if the current code requires a four (4) foot fence and asked if the applicant is being asked to bring the fence up to the current code. Community Development Director Ramirez replied that is correct. Commissioner Eng commented that the four (4) foot fence will provide visibility for a car sale lot and agrees with the comment that the cars for sale could be displayed in the front to showcase them. Vice Chair Hunter stated she agrees with Commissioner's Eng and Saccaro and does not understand why the fence needs to be four (4) feet and asked staff to explain. Planning Technician Casillas replied that in the parking section of the Zoning Code it requires ornamental walls not taller than four (4) foot to screen cars from the view from the public right -a -way. She explained that when you have cars parked in front of the building or property that wall provides a screen. Vice Chair Hunter asked if this is to be for the sale of used cars and the applicant can only display three (3) cars why this is called a used car lot. Planning Technician Casillas replied under the Conditional Use Permit the applicant would be allowed to store six (6) cars. She explained there are three (3) parking spaces in the front of the property and seven (7) additional spaces at the back of the property. Vice Chair Hunter asked staff if the applicant would like to use the front to display his cars. Planning Technician Casillas replied if the applicant would like to park the display cars in front he can, but there is an ADA requirement for one handicap space in the front of the building for ADA accessibility. Vice Chair Hunter confirmed that the applicant has his cars sent out to have work completed on them and does not take care of that at this facility. Planning Technician Casillas replied that is correct. Commissioner Eng commented that the limitations are probably due to the availability of space of the lot and the applicant needs to comply with the parking code. Commissioner Herrera expressed concern in regards to compliance and commented she has seen too many cars parked on Used -Sale Car Lots on Garvey Avenue. Commissioner Eng stated when the applicant is asked to the podium she would like to ask where the origin of car sales will be. She asked staff if the trash enclosure will have a solid roof top. She asked for clarification if it had been decided by the Planning Commission at previous meetings, that all future projects would require a solid roof top. She would like to confirm with the Planning Commission that all on -going projects in the future have a solid roof top and be included in the Conditions of Approval. Commissioner Herrera added that it could just be a standard Condition of Approval instead of repeating it each time. Community Development Director Ramirez stated it was staffs understanding that it would be required to have enclosed roof tops for restaurants only. She explained that it was not discussed that this would be a requirement for retail use. She stated if this is something the Planning Commission would like staff to look into it can be done. She cautioned the Planning Commission if the applicant is not agreeable with this condition it may not be enforceable due to the fact it is not required by the Zoning Code at this time. Vice Chair Hunter stated that she recalls that the Planning Commission had discussed that trash enclosures should be enclosed. Community Development Director Ramirez stated she recalls it was for restaurants only. Commissioner Eng stated she would like this clarified so as the Planning Commission may give staff direction on how to proceed. She stated this item had been discussed to address storm water requirements. Commissioner Saccaro asked if trash enclosures will be required for all properties. Commissioner Eng replied yes, it will be for all new properties that will be having trash enclosures built. Vice Chair Hunter stated she agrees that trash enclosures be enclosed. She then asked if there were any more questions for staff. None Vice Chair Hunter opened the Public Hearing. Pon Liu, applicant, stated he is available for questions. Commissioner Eng thanked the applicant and gave a brief description of what his business will entail and asked where the point of origin will be. EI Pon Liu, applicant, replied that he has another storage warehouse located in El Monte where he stores about thirty (30) cars. He explained most of his cars are European /Japanese luxury cars (Lexus, Infinity, BMW's and Land Rovers) and his car sales are consistent so it is alright that he only has six (6) cars at his site. He replied that his sales are usually over the internet and that the origin point of sale will be the City of Rosemead. Commissioner Eng confirmed the point of origin sale will be the City of Rosemead. She stated the applicant will be selling accessories for detailing and installation and asked if that will be done at a different location. Pon Liu, applicant replied that he only sells accessories and does not do installations. He explained he has worked out a deal with an installation company that is on Garvey Avenue right next to the Auto Auction. He also explained that he is working with other businesses on Garvey Avenue for car repairs, detailing, smog checks, and mufflers. Commissioner Eng commented that is great he is working with the other business owners in the City of Rosemead. Community Development Director Ramirez stated to the applicant that the Planning Commission has recommended Condition of Approval number twenty -four (24) to be changed from a decorative trellis top to a solid roof cover for the trash enclosure and asked the applicant if he had agreed to the change. Pon Liu, applicant replied if it is required to make it look better, then yes he agrees to the change. Brian Lewin, resident, referred to Condition of Approval number seventeen (17) and requested that Planning enforce the removal of project Public Hearing signs a little more strictly. He commented that he has seen some of the signs up for months after the hearing had been heard. Community Development Director Ramirez recommended that Mr. Lewin visit the City's website and complete a TRM" (Citizen Relationship Management) whenever he notices a Public Hearing sign up longer than the allowed time. Brian Lewin, resident referred to Condition of Approval number twenty -two (22) and requested the Planning Commission consider adding a sentence that says, "No street parking shall be utilized for vehicle display at any time" and explained why. He also thanked the applicant, staff, and the Planning Commission for all their work. Vice Chair Hunter asked if there were any other comments or questions. None Vice Chair Hunter closed the Public Hearing and asked for a motion. Commissioner Eng stated she would like to make a motion, but before a motion is made, would the Planning Commission like to accept Brian Lewin's recommendation to amend Condition of Approval number twenty -two (22) that no street parking be used for vehicle display at any time. Commissioner Herrera asked the Planning Commission if it is really necessary. Commissioner Eng stated she was neutral on the decision. Commissioner Saccaro commented there is not much parking allowed on the site itself. After discussion the Condition of Approval number twenty -two (22) remained the same. Community Development Director Ramirez stated that the motion to Approve Conditional Use Permit 12 -03 would include changing Condition of Approval number twenty -four (24) to read "A new trash enclosure with a solid roof top shall be installed on site ". Chair Eng made a motion, seconded by Commissioner Herrera that the Planning Commission APPROVE Conditional Use Permit 12 -03 and adopt Resolution 12 -09, subject to the twenty -six (26) conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro No: None Abstain: None Absent: Ruiz Community Development Director Ramirez stated there is a ten (10) day appeal period if there is anyone wishing to appeal the decision made this evening by the Planning Commission. 4. CONSENT CALENDAR A. Approval of Minutes -June 18, 2012 Commissioner Eng requested two corrections one on page 8 and one on page 9. Commissioner Saccaro made a motion, seconded by Commissioner Herrera, to approve the Consent Calendar with corrections. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro No: None Abstain: None Absent: Ruiz 5. MATTERS FROM STAFF Community Development Director Ramirez requested that the Planning Commissioners please contact Administrative Assistant Lockwood with their summer vacation dates that may interfere with scheduled Planning Commission meeting dates. She also reminded the Planning Commissioners of the Fourth of July festivities for this Wednesday starting with the parade at 10:00 am, carnival starting from noon to 10:00 pm, opening ceremonies beginning at 5:OO pm, and firework display at dusk. She invited everyone to come out and enjoy the festivities. 6. MATTERS FROM THE CHAIR & Commissioner Saccaro stated he would like to thank staff for all the work they did on tonight's Public Hearing item. Commissioner Eng stated she would like to thank the Planning Commission for their confidence they have had for her this past year and that it has been a privilege and an honor to serve as Chair. She stated she has had fun and would also like to thank staff for all their hard work. She stated she would also like to thank City staff for all their work on the Fourth of July festivities which is enjoyed by the Community. Community Development Director Ramirez stated she will let the Parks & Recreation Department know as they have worked very hard on the Fourth of July festivities. Vice Chair Hunter stated she would like to thank Commissioner Eng and stated she has done a great job. She stated she would also like to thank staff for always getting the work done and that it is appreciated. She asked staff the status of the property on Walnut Grove. Community Development Director Ramirez replied that there is a current Code Enforcement case on that property. Vice Chair Hunter replied that is good to hear and expressed concern that the property looks worse than it did two weeks ago. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, July 16, 2012 at 7:00 p.m. Meeting adjourned at 7:35 pm. ATT � • � r �_ UlGbti Rachel Lockwood Commission Secretary