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PC - Minutes - 09-17-12Minutes of the PLANNING COMMISSION MEETING September 17, 2012 (Revised 10.15.12) The regular meeting of the Planning Commission was called to order at 7:00 p.m., by Chair Ruiz in the Council Chambers, 8838 E. Valley Boulevard, California. PLEDGE OF ALLEGIANCE - Commissioner Saccaro INVOCATION - Chair Ruiz ROLL CALL Commissioners Eng, Herrera, Saccaro, Vice -Chair Hunter, and Chair Ruiz ROLL CALL OF OFFICERS PRESENT: City Attorney Byrne, Community Development Director Ramirez, Assistant Planner Trinh, Planning Technician Casillas, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Joseph Byrne, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. DESIGN REVIEW 11.02 - Simon Shum has submitted a Design Review application requesting approval to construct a new single family residence with 2,700 square feet of living area with an attached four car garage and a detached three car garage. The subject property is located at 7432 Whitmore Avenue, in the R -2 (Light Multiple Residential) zone. PC RESOLUTION 12.19 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 11- 02, PERMITTING THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE WITH 2,700 SQUARE FEET OF LIVING AREA WITH AN ATTACHED FOUR CAR GARAGE AND A DETACHED THREE CAR GARAGE LOCATED AT 7432 WHITMORE STREET IN THE R -2 (LIGHT MULTIPLE RESIDENTIAL) ZONE. STAFF RECOMMENDATION — Staff recommends that the Planning Commission ADOPT Resolution No. 12-19 with findings, and APPROVE Design Review 11.02 subject to twenty -five (25) conditions. Planning Technician Casillas presented staff report. Chair Ruiz asked the Planning Commission if there are any questions or comments for staff. Commissioner Eng asked if the parking standard is based on an R -2 zone. Planning Technician Casillas replied yes. Commissioner Eng asked what is the current zoning code for R -2. Planning Technician Casillas replied the current code for R -2 requires two enclosed parking spaces for each dwelling unit. Commissioner Eng confirmed that currently there is only one two -car garage. Planning Technician Casillas replied yes. Commissioner Eng asked if there will be seven (7) new garages with each home having its own garage. Planning Technician Casillas replied each house will have a two -car garage and there will be one additional garage space. Commissioner Eng asked if the back house will have a three -car garage. Planning Technician Casillas replied yes. Commissioner Eng referred to the unit that is being modified to widen the driveway, and asked what existing portion is being removed. Planning Technician Casillas replied it is the interior part of the house (kitchen, dining room, and bathroom). Commissioner Eng asked what about laundry facilities for the two front homes. Planning Technician Casillas replied there currently is not any. Commissioner Eng asked if there are any plans for any. Planning Technician Casillas replied no. Commissioner Eng asked what the standard is and how the drainage plan is is being addressed. Planning Technician Casillas explained that the drainage plan gets approved through Building and Safety Division, but it is being proposed that it will drain towards the street. Commissioner Eng asked if any re- grading will be involved and if the existing home is being completely demolished. Planning Technician Casillas replied yes. Commissioner Eng confirmed if any re- grading will be done. Planning Technician Casillas replied we can defer that question to the applicant, and explained it does not appear that they are going to raise the grade of the site. Vice -Chair Hunter asked if they will have to cut into the two houses for the driveway. Planning Technician Casillas replied yes. Vice -Chair Hunter asked how large the homes are. Planning Technician Casillas replied one is over 1,000 square feet and the other is being reduced to 900 square feet. Vice -Chair Hunter asked if they will be able to do that. Planning Technician Casillas replied yes. Commissioner Herrera asked where the rear yard set -back is for the address of 7436 Whitmore Avenue and if there is a 6,000 square ft. requirement per lot size. Planning Technician Casillas replied in an R -1, in order to create a lot, you will need 6,000 ft., but the lot is already created. She explained their needs to be a minimum size of a lot to have multiple units on site and this property is large enough to accommodate three homes. Commissioner Herrera confirmed that there will not be a back yard for 7436 Whitmore Avenue. Planning Technician Casillas stated no, and typically they would share the rear yard. Chair Ruiz asked if homes are required to have 25 ft., rear yard. Planning Technician Casillas replied no, and explained buildings to buildings or dwelling units to dwelling units have to have a minimum 20 ft., separation. Chair Ruiz confirmed if this information is correct and stated the other home shows the 25 square ft., but in between there is not any. Planning Technician Casillas stated it is 23 square ft. Chair Ruiz confirmed the 23 square ft., and asked if it will be concrete. Planning Technician Casillas replied yes. Chair Ruiz stated he disagrees with the concrete and recommended some greenery such as grass. He explained that he would like to have a Condition of Approval added that will not allow any plumbing in the garages to prevent illegal conversions of garages into dwellings. Community Development Director Ramirez stated rather than adding the Condition of Approval that states no plumbing at all, that the condition allow plumbing only for the purpose of adding a washer. Chair Ruiz stated that he is agreeable with that recommendation and understands the the need for electricity, but would like the Condition of Approval to state that there will be no shower stalls, bathtubs, toilets, bathrooms, and kitchen facilities installed. Community Development Director Ramirez stated it will be worded in a way that no plumbing be allowed with the exception of only laundry (washer) purposes. Chair Ruiz asked Joseph Byrne, City Attorney, if he could assist with the wording of this Condition of Approval. Vice -Chair Hunter asked where the laundry facilities are located currently. Chair Ruiz stated the applicant may address that question. He asked if there were any other questions or concerns to ask staff. None Chair Ruiz opened the Public Hearing and asked Simon Shum to the podium Simon Shum, architect for the owner, expressed concern that if a lawn is planted instead of concrete that there will not be enough sun or daylight and when it is watered it will become soggy. He stated this home has a 30 ft. setback for a yard and, at this time, it is a family owned home. He stated that in the future it may be leased out but for now it is family owned and they are living there. He also requested that a tree be planted instead of a lawn. Commissioner Eng asked if the area being discussed is at 7436 Whitmore Avenue. Chair Ruiz replied yes. Commissioner Eng stated that there is not a lot of hardscape area for the families other than the driveway. She stated it is not in the public view in terms of having a lawn or visible green space and they already have the side set- back with green landscaping and it would be nice to have some hardscape between the garage and building for a barbeque or something like that other than the driveway. Chair Ruiz stated that is why he is requesting that the concrete be removed and replaced with some lawn area. He stated according to the plan, the area faces east and west and there should not be any blockage of sunlight. He stated he would still like to have some grass but if the applicant would like to put a tree he is agreeable to that option. Simon Shum stated in regards to the plumbing he has observed a lot of other cities, are very concerned with a garage being converted to a living area. He explained that his applicant did not even want to build a garage and is building it to comply with code, and there is a Condition of Approval being put on them like they are trying to steal space and create something. He stated he is offended personally and suggested that the City Council needs to be more responsible and address making more affordable housing, reduce set - backs, and reduce the overburdening regulations. He stated this is very insulting to his client after spending all this money on this project so that they will potentially have someone live in the garage. Chair Ruiz apologized and asked Simon Shum not to take offense or take this personally. He stated that the City does need to follow the Rosemead Municipal Code and make sure parking requirements are met and that things are completed correctly. Simon Shum, architect, stated that he would like to see the City address and create more affordable housing. He stated because of the economy and not finding affordable or adequate housing may be one of the causes of the illegal conversions. Commissioner Eng stated she lives right around the corner from this project and she likes this project. She stated there is a lot of thought into the design and is designed for family living. She stated the improvements will bring up property value in that area. She also thanked the owners for taking the time and expense for contributing in making the City a community we want it to be. She asked Simon Shum if the Condition of Approval regarding the plumbing for a washer and dryer is acceptable. Simon Shum replied yes and thanked Commissioner Eng for her comments. Chair Ruiz also thanked Simon Shum and the property owner for the improvements on the property Vice -Chair Hunter asked if each home currently had laundry facilities. Simon Shum replied they currently have a washer and dryer in one of the two front home units. He explained they are stackable and with the new home being built the back unit will also have a laundry facility, which may also be stackable. Vice -Chair Hunter commented the stackable units do not take up much space and asked if a laundry room has been considered so that all the tenants could use it. Simon Shum explained there are already laundry facilities in two of the three units and replied that a laundry room has not been considered. He added the Condition of Approval for laundry facility in the future will be sufficient. Commissioner Saccaro stated he likes the project and it will be an improvement for the neighborhood. Chair Ruiz thanked the family and stated this is good use to the property, excellent floor plan, and it is a nice single - story home. He asked if there are any more questions or comments. None Chair Ruiz closed the Public Hearing and asked the Planning Commission if they had any questions or comments. Commissioner Herrera asked if the rear home is going to be a two -story home. Chair Ruiz and staff replied no. Joseph Byrne, City Attorney, stated additional Condition of Approval number twenty -six (26) will read, "No plumbing of any kind and for any purpose shall be permitted in any of the garages with the exception of plumbing for laundry facilities at a later time and subject to any other requirements of the Municipal Code." He stated Condition of Approval number twenty -seven (27) will read, "The hardscape area between the southernmost garage and southern most house will be changed from hardscape area to a landscape area." Chair Ruiz asked for a motion. Commissioner Eng made a motion, seconded by Commissioner Saccaro, to ADOPT Resolution No. 12.19 with findings, and APPROVE Design Review 11.02 subject to twenty -five (25) conditions. Condition of Approval numbers twenty-six (26) and twenty-seven (27) were added by the Planning Commission. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None Community Development Director Ramirez stated there is a 10 -day appeal process. She explained once that is concluded staff may be contacted to begin working on the plans. B. CONDITIONAL USE PERMIT 12.04 - Kristine Truong has submitted a Conditional Use Permit application requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment, located at 8310 Valley Boulevard, in the C- 3D (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 12 -17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 12.04, FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR CHINA BISTRO, LOCATED AT 8310 VALLEY BOULEVARD, IN THE C -31) (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission ADOPT Resolution No. 12.17 with findings and APPROVE Conditional Use Permit 12.04, subject to the thirty-three (33) conditions. Assistant Planner Trinh presented staff report. Chair Ruiz asked if the Planning Commission had any questions for staff. Vice -Chair Hunter stated she agrees with the Chief of Police of no alcohol in the patio area and with the operation hours of 11:00 a.m. to 12:00 a.m. She stated that is appropriate for that restaurant. Commissioner Herrera stated that seems reasonable since there is an overdue concentration of ABC licenses and it is in a high crime area. Commissioner Eng asked staff if the floor plan has been modified as a result of increased seating capacity. Assistant Planner Trinh stated the floor plan was modified, however these tables and chairs are portable not fixed. She explained that during a site inspection it was realized the floor plan had been modified and one of the requirements of the Conditions of Approval is that the applicant submits a new floor plan. She stated this will ensure everything is in compliance. Commissioner Eng asked if it will be in compliance with fire code. Assistant Planner Trinh replied yes. Commissioner Eng asked how parking will be impacted with the increase of seating. Assistant Planner Trinh replied it will not be impacted and explained according to the Rosemead Municipal Code the ratio for parking is through the square footage of the seating area. Commissioner Eng asked what is the parking standard. Assistant Planner Trinh replied it is one per one hundred. Commissioner Eng asked how many parking spaces are currently on this site. Assistant Planner Trinh replied there is a total of fifty -two parking spaces. Commissioner Eng asked why the trash enclosure does not have a solid roof top. Assistant Planner Trinh replied this project was approved in 2006 as a Design Review application and it was required to have a trash enclosure with a trellis. Commissioner Saccaro asked if the covering on the west side of the patio could be replaced with a roll -up and roll - down cover. Assistant Planner Trinh replied that question can be deferred to the applicant. Chair Ruiz asked if there were any more questions or comments for staff. None Chair Ruiz opened the Public Hearing. Stanley Szeto, representative for Kristine Truong (applicant), stated they are in agreement of all the Conditions of Approval. He would like to request that in regards to Condition of Approval number thirty -one (31) that the sale of alcohol be included in the patio. He explained that ABC has required that the access from the patio to the parking lot on the west side of the patio be enclosed. He stated that the only access to the patio would be from the restaurant and ABC has required they have a separate service station from within the patio area. He explained that the patio area is a large area and to not be able to serve alcohol in that area would cause the lose of half of the sales of the entire restaurant. He stated that they are willing to close the access directly from the patio to the parking lot and explained that the patio is entirely enclosed and covered. He stated they are agreeable to the hours of operation. Chair Ruiz asked if the Planning Commission had any questions for the applicant. Commissioner Saccaro confirmed if the applicant stated the west side of the patio is going to be enclosed. Stanley Szeto replied yes and explained ABC is requiring them to close the exit into the parking lot on the west side and the entire patio. Commissioner Saccaro asked if the north side of the patio will be enclosed also or is it currently enclosed. Stanley Szeto replied that the north side is already enclosed and the only direct access from the patio to the parking lot is on the west side. He stated that ABC has required that be enclosed and the only access to the patio is from the dining area into the restaurant only. Commissioner Saccaro asked if the patio will actually be part of the restaurant. Stanley Szeto replied yes. Assistant Planner Trinh explained there are two accesses from the patio; one gate on the north side and one gate on the west side. She explained the reason the building official approved the patio increase in seating is because there are two exits and if one exit is closed off, then it will create a problem with fire code and building requirements. She asked it the applicant is going to fully enclose the patio or are they are just going to enclose the gate. Stanley Szeto replied it will be an emergency exit only. Chair Ruiz explained this will be a problem if the patio is not fully enclosed and the emergency exits will provide access into the parking lot and this is in a high crime area. He also expressed concern that drinking alcohol will be viewed by the public if alcohol is served on the patio. Commissioner Eng asked how the patio request was handled for Chipotle and how were their terms different in regards to access. Assistant Planner Trinh replied Chipotle did have an access from the western side, but they are fully enclosed with a wall and planters. She explained in this situation the patio is covered with a rod iron gate. 7 Commissioner Eng asked if there is anything that can be done to mitigate that. Assistant Planner Trinh explained that this application is also requesting to add a service bar in the patio area and she is not sure if this would be supported by the Chief of Police. Stanley Szeto stated it is a service station. Chair Ruiz stated a service station is a bar area where beer will be served. Stanley Szeto explained it will have kitchen settings, plates, silverware, and it is a service station. Chair Ruiz asked if there will be beer. Stanley Szeto replied beer will be served from the restaurant Chair Ruiz explained to Commissioner Eng that Chipotle was a different situation and it basically is surrounded by a commercial area. He stated with this application it is not totally commercial and is in the public view. He expressed he likes the restaurant but does not feel that serving wine and beer in the public view is not appropriate. Vice -Chair Hunter expressed that she has eaten at the restaurant and the food is very good. She said she agrees with Chair Ruiz that beer and wine should not be seen from the public view. She also mentioned that patio area needs to be cleaned up. Commissioner Herrera stated that keeping the alcohol inside the interior of the restaurant and changing the operating hours to closing at 12:00 a.m., as the Chief of Police recommended, is acceptable to her. She questioned if that will be acceptable to the applicant. Vice -Chair Hunter stated she can see if alcohol is served in bottles, that it may be taken from the patio area very easily and lead to driving with an open container. Commissioner Eng expressed that this area has an overdue concentration of ABC licenses and asked which other restaurants in this census tract has Type (41) ABC licenses. Assistant Planner Trinh replied eight (8) and named the locations. Commissioner Eng asked if any of the restaurants had patio seating and if there are four (4) over the allowed amount. Assistant Planner Trinh replied there is not any patio's and there are a total of eight (8) ABC licenses not including this application. Commissioner Eng asked if the Chief of Police had any specific concerns that he cited. Chair Ruiz addressed Commissioner Eng and stated he would like to close the Public Hearing and then address that question. Commissioner Saccaro addressed Chair Ruiz and stated he would like to ask the applicant another question. He asked the applicant if the patio will be enclosed with a solid wall. Stanley Szeto replied the door will be eliminated. He explained that he understands there are building and fire requirements in regards to access, but they are willing to remove some of the tables and chairs to reduce the occupancy load and satisfy the requirements. Commissioner Saccaro asked if it is going to be enclosed with rod iron fencing. Stanley Szeto replied no, it will be done in good taste and be consistent with the architectural design of the patio. Vice -Chair Hunter asked if lattice work or some type of covering could be installed to prevent public viewing of beer and wine on the patio. Chair Ruiz addressed Stanley Szeto and stated he would like to recommend that this item be tabled to a later date so he can work with staff on details and not be voted at tonight's meeting. He asked Stanley Szeto if he is agreeable to this recommendation. Community Development Director Ramirez stated that is up to the applicant because he is the one making changes and asked the applicant if this is something that can be brought back to the Planning Commission. Stanley Szeto replied yes, and stated this is a family restaurant and not a bar with entertainment. He stated not everyone that is sitting in the patio area is going to be drinking and watching television like it's a sports bar, it is a family restaurant. Chair Ruiz stated he agrees that it is a family restaurant and he recommends that he work with staff and bring another plan that will meet the concerns that have been discussed. He stated one of the major concerns is the visibility to the public and he will also need to address the Chief of Police concerns. He explained by addressing these concerns it will improve his business and that he will need to work with staff. Stanley Szeto replied he will work with staff. Chair Ruiz closed the Public Hearing and asked the Planning Commission if there are any more questions or comments for staff. Commissioner Eng asked staff what are the specific concerns the Chief of Police had. She also expressed her concern that there is more than the allowed amount of Type (41) ABC licenses in the area. Assistant Planner Trinh replied because the location is in a high crime district and overdue concentrated, the Chief of Police is concerned that this will turn into a bar scene in the patio area. She stated the applicant disclosed information that was never discussed with her in regards to enclosing the patio; she will need to discuss this with the Chief of Police. Chair Ruiz stated staff will work with the applicant and architect to address the concerns discussed. He stated staff will discuss the changes with the Chief of Police and explain that this will not be like a bar. Community Development Director Ramirez stated this item will be continued to be brought back to the second meeting in October. Chair Ruiz asked Stanley Szeto if this is agreeable with him. Stanley Szeto replied yes. 0 Joseph Byrne, City Attorney, recommended that a date made certain so that the Public Notice process be waived and not be provided for a hearing. Chair Ruiz stated the Public Hearing will be continued to the Monday, October 15, 2012 Planning Commission meeting. He confirmed with staff and applicant if that will be sufficient time to prepare for this date. Assistant Planner Trinh replied if the applicant immediately contacts staff to work with us then that will be fine. Stanley Szeto replied yes. Community Development Director Ramirez explained that if there are complications and because we are continuing the Public Hearing for this application, it can be continued again if necessary. Chair Ruiz stated this will be continued to the Planning Commission meeting to be held on Monday, October 15, 2012. C. CONDITIONAL USE PERMIT 12 -09 - N &D Restaurants, Inc. has submitted a Conditional Use Permit application, requesting approval for a new On -Sale General (Type 47) ABC license in conjunction with a bona fide public eating establishment (Olive Garden Italian Restaurant), located at 1866 Montebello Town Center Drive, in the C -3 (Medium Commercial) zone. PC RESOLUTION 12.18 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 12.09, FOR A NEW ON -SALE GENERAL (TYPE 47) ABC LICENSE FOR OLIVE GARDEN ITALIAN RESTAURANT, LOCATED AT 1866 MONTEBELLO TOWN CENTER DRIVE, IN THE C -3 (MEDIUM COMMERCIAL) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission ADOPT Resolution No. 12.18 with findings and APPROVE Conditional Use Permit 12.09, subject to the thirty (30) conditions. Assistant Planner Trinh presented staff report. Chair Ruiz asked the Planning Commission has any questions for staff. Commissioner Eng stated this is a Type (47) vs. a Type (41) ABC license and asked staff if this is because they have a bar. Assistant Planner Trinh replied that Type (41) ABC License is for beer and wine only and Type (47) also has distilled spirits. Chair Ruiz opened the Public Hearing and asked the Representative for Olive Garden to the podium. Pari Holliday, Site Development Manager for Darden Restaurants, stated that Darden Restaurants is the parent company to Olive Garden, Red Lobster, Longhorn Steakhouse, and other specialty restaurants. She stated they also just purchased the Yard House. She explained that Darden Restaurants own and operate all their restaurants, they do not franchise them, and take full responsibility for them. She stated she is here to answer any questions the Planning Commission may have. Chair Ruiz asked when the restaurant will open and stated the City of Rosemead is very excited that Olive Garden is coming into the community. 10 Par! Holliday thanked the Planning Commission and replied they will open soon and are very pleased to be in the community. Chair Ruiz asked the Planning Commission if there are any questions. None Chair Ruiz closed the Public Hearing and asked for a motion. Commissioner Herrera made a motion, seconded by Vice -Chair Hunter, to ADOPT Resolution No. 12.18 with findings and APPROVE Conditional Use Permit 12.09, subject to the thirty (30) conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None 4. CONSENT CALENDAR A. Approval of Minutes - August 6, 2012 Consent Calendar approved as presented. Vice -Chair Hunter made a motion, seconded by Commissioner Herrera, to approve the Consent Calendar as presented. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None 5. MATTERS FROM STAFF None 6. MATTERS FROM THE CHAIR & Commissioner Herrera asked if then; is a procedure that can address dilapidated carportlgarage tarps that are in driveways. She stated there is one located on Delta and Norwood that is in bad shape. Community Development Director Ramirez stated they are not allowed. Chair Ruiz requested that staff report this to Code Enforcement and commented that he would like to see more proactively. Vice -Chair Hunter stated Julie Gentry (resident) who lives on Nevada Avenue, has reported that she can hear 11 noise coming from the Que's Bar located on Valley Boulevard all the way to her home very late at night. Vice -Chair Hunter explained she had asked Julie Gentry to tonight's meeting to discuss this issue. Community Development Director Ramirez stated that she has scheduled a meeting with Julie Gentry to address this concern. She stated staff can also work with Code Enforcement and bring this concern to their attention. Commissioner Herrera asked for the telephone number for Public Safety /Code Enforcement and for their hours of operation, so, if needed, the Planning Commissioners may call to report concerns. She asked for contact information. Commissioner Eng stated a resident has expressed a concern to her in regards to approved overdue concentration of ABC licenses. She stated this resident is concerned if the city has the public safety and resources ability to handle the concerns resulting from the level of the over - concentration of these ABC licenses. She requested staff look into the level of overdue concentration of the ABC licenses in the census of the City and see what the City can do strategically to maintain some sort of balance of the approval of ABC licenses. Commissioner Eng announced her participation in the 2012 NAMI Walks to honor and to remember two beautiful and free spirited lives, Jazmyne Ha Eng and Anthony Spadaro in Los Angeles. She also stated if anyone is interested in joining the walk or would like to make a donation for this cause please contact her. Chair Ruiz thanked Commissioner Eng and stated he appreciates what she is doing. He stated he understands how she feels and is sorry for her loss. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, October 1, 2012 at 7:00 p.m. D Vi or Ruiz Char A EST: - n Rachel Lockwood Commission Secretary 12