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PC - Minutes - 12-17-12Minutes of the PLANNING COMMISSION MEETING December 17, 2012 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 - Vice -Chair Hunter INVOCATION - Commissioner Herrera ROLL CALL - Commissioners Eng, Herrera, Vice -Chair Hunter, and Chair Ruiz ABSENT - Saccaro ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Ramirez, Planning Technician Casillas, Planning Intern Wong, and Commission Secretary Lockwood. 1. 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 Thomas Wong, representative for Metro announced dates of upcoming Open Houses in regards to the "SR -710 Study All Communities Convening Open Houses ". He gave a brief presentation and stated he will leave flyers and business cards for anyone that is interested. He also added that he will pass an e-mail list around if anyone would like to sign up. Chair Ruiz asked if the Public Works Director has been contacted and given this information. Thomas Wong replied yes, the information has been given to city staff and Metro has also requested that the information be put on the City.website. Commissioner Eng asked how long the EIR will process take. Thomas Wong replied that the current timeline anticipates it will be late 2014. 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 12.10 - Shi Huang of Hunan Mao Restaurant 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 8728 Valley Boulevard, Unit 101, in the C -31) (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 12.22 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 12.10 FOR A NEW ON -SALE BEER AND WINE (TYPE 41).ABC LICENSE FOR HUNAN MAO RESTAURANT, LOCATED AT 8728 VALLEY BOULEVARD, UNIT 101 IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 12.22 with findings and APPROVE Conditional Use Permit 12.10, subject to the thirty (30) conditions. Kinson Wong, Planning Intern, presented staff report. Chair Ruiz asked the Planning Commission if they had any questions for staff. Vice -Chair Hunter commented that she is pleased that the signage has been requested to be taken down. Commissioner Eng asked how ABC determines that this is a high crime concentration area. Planning Technician Casillas explained that ABC has its own way of calculating if it is a high crime concentration. She stated ABC collects their numbers and reports from the Public Safety and Sheriffs Department. She added it is ABC that determines if it is a high crime concentration and not the Planning Division. Greg Murphy, City Attorney, explained that ABC takes from the local law enforcement reports of all of the crimes within the census tract. He added this can be someone stealing mail from one of the residents in the tract or it can be a violent crime right next door to the restaurant. He explained for ABC purposes both crimes would be counted as one crime for the tract to determine whether or not it is a high crime area. He explained because of that ABC would then like local government to check with their Public Safety to determine if it is a dangerous crime area or will it fit with other commercial uses in the area. He explained Public Safety will then lead City staff to determine if the use will be something that can be supported or not. " Commissioner Eng asked if Rosemead Public Safety has found that there have not been any incidents of concern. Community Development Director Ramirez replied that is correct. Commissioner Eng asked if the prior use was a restaurant also. Planning Intern Kinson replied yes, it was a restaurant called "Ruben's Kitchen ". Commissioner Eng referred to the level of over - concentration of ABC licenses and asked if there are pending ABC licenses that have been approved previously by the Planning Commission for this census tract. Community Development Director Ramirez replied, "China Bistro" was recently approved by the Planning Commission. Commissioner Eng asked if "China Bistro" is included in this over - concentration count and if "China Bistro's" ABC license has been approved. Planning Technician Casillas replied yes "China Bistro" is included in the count and their ABC license has been approved. Commissioner Eng stated she would like to thank staff for the ABC licensing map and commented it is very helpful. She also requested staff that in the future staff include any pending ABC licenses that the Planning Commission has approved but has not been approved by ABC. Chair Ruiz opened the Public Hearing and invited the applicant to the podium. William Duong, representative for Shi Huang, stated that Shi Huang is the owner of the restaurant 2 Commissioner Eng commented that she has visited the restaurant; it is very nice inside and wished the applicant good luck. Chair Ruiz asked if the applicant, Shi Huang, has read and understands all of the Conditions of Approval. William Duong, representative for Shi Huang, replied yes. Vice -Chair Hunter asked Chair Ruiz how many days the applicants are allowed to remove signage. Chair Ruiz replied they are allowed thirty (30) days from the Planning Commission hearing date. He asked the applicant if he understands that in thirty (30) days it will have to be done. Community Development Director Ramirez explained that the thirty (30) days would begin after the ten (10) day appeal period. William Duong, representative for Shi Huang, replied yes he understands. Chair Ruiz asked if there were any more comments, or if there is anyone for or against this item. None Chair Ruiz closed the Public Hearing and asked if the Planning Commission had any more questions or comments. None Chair Ruiz asked for a motion. Commissioner Herrera made a motion, seconded by Vice -Chair Hunter, to ADOPT Resolution No. 12.22 with findings and APPROVE Conditional Use Permit 12 -10, subject to the thirty (30) conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: Saccaro B. DESIGN REVIEW 09.03 - Eric Lee has submitted a Design Review application requesting approval of a master sign program for the Universal Bank property located at 8855 Valley Boulevard in the CBD -D (Central Business District with a Design Overlay) zone. PC RESOLUTION 12 -23 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING DESIGN REVIEW 09- 03, FOR THE APPROVAL OF A MASTER SIGN PROGRAM FOR AN EXISTING COMMERCIAL PROPERTY LOCATED AT 8855 VALLEY BOULEVARD IN THE CBD -D (CENTRAL BUSINESS DISTRICT WITH DESIGN OVERLAY) ZONE. STAFF RECOMMENDATION - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 12.23 with findings and APPROVE Design Review 09.03, subject to the sixteen (16) conditions. Planning Technician Casillas presented staff report. Chair Ruiz asked the Planning Commission if they had any questions for staff. Commissioner Herrera asked staff to clarify the size of signage and asked if the applicant is requesting an additional 25 feet. Planning Technician Casillas replied yes and explained that the Municipal Zoning Code allows up to 200 feet, but the Downtown Rosemead Guidelines allows up to 50 feet as a recommendation. She stated the applicant is asking for 70 square feet. Commissioner Herrera asked if there are restaurants currently on the first floor. Planning Technician Casillas replied the building is currently under construction and explained there are no restaurants occupying the building at this time. She explained the bank is the only one occupying the first floor, the second floor is occupied by offices, and there is a basement level. Commissioner Herrera asked if there are offices on the second floor. Planning Technician Casillas replied yes. Vice -Chair Hunter referred to the site plan and stated she noticed there is a coffee shop and asked if this coffee shop will be open to the public. Planning Technician Casillas replied currently these are proposed uses for the first floor. She explained the first floor initially was for a bank and offices. In "2006" the applicant applied for a Zone Variance and requested restaurant uses to be included into the first floor. She stated the first floor was then divided into three units, one is for the bank and two are for restaurant uses. Vice -Chair Hunter asked if they would be open to the public if they are restaurants. Planning Technician Casillas replied yes. Vice -Chair Hunter expressed concern because there are two restaurants currently at this location and there may not be enough parking. Planning Technician Casillas expressed that the Master Sign Program is what is under review tonight. The Planning Commission and the City Council approved the Zone Variance in "2005" and in "2006 ". She explained the Zone Variance was approved with a parking deficiency. Vice -Chair Hunter asked if there will be enough parking if restaurants are opened. Planning Technician Casillas replied no, and explained that the City approved the Zone Variance with less than required parking in "2006 ". She stated that the Master Sign Program is what is being reviewed tonight and explained that the restaurant units have already been approved. Vice -Chair Hunter asked what will happen when the restaurants open and there is not enough parking. Planning Technician Casillas replied there is a reciprocal parking agreement between both shopping centers, so they would have to have a shared parking situation. Chair Ruiz referred to Condition of Approval number fourteen (14) and asked if a proposal has been submitted by the applicant to build a new trash enclosure. Planning Technician Casillas replied that the trash enclosure has been approved as shown on their plans in 2006. Chair Ruiz stated that was approved six (6) years ago and recommended that it be brought up to meet the current trash enclosure requirements. He addressed the Planning Commission and opened this recommendation for discussion. Greg Murphy, City Attorney, explained that the Master Sign Program is what is before the Planning Commission tonight and that there is not a nexus between the trash container /enclosure or how they are built and the Master Sign Program. He added cities generally do, in exchange for granting a sign permit, require that the property be kept in a well -kept fashion. He explained in the case of a trash enclosure that had been put in place by a use permit that was granted previously, there is not a nexus. He advised the Planning Commission that Legal Counsel cannot support adding a condition like that because it is not tied to what is being sought by the applicant tonight. Chair Ruiz thanked City Attorney Murphy for the clarification and asked if this issue can be addressed in the future when applications come before the Planning Commission for the restaurant uses. Greg Murphy, City Attorney, replied yes, and explained what the circumstances would be on how this issue could be addressed. Chair Ruiz stated that his concern is that currently the trash enclosure is unkempt with just the bank at this location. He added with restaurants and other businesses coming in it may get worse and there may not be enough trash containers. Commissioner Herrera asked what the concerns with the current trash enclosure are. Chair Ruiz replied they are not covered. Planning Technician Casillas reported that the trash enclosures are covered. Discussion took place that the trash containers are new, covered, and has not been un -kept as in the past. Vice -Chair Hunter asked after the signage is installed, when will the green fencing surrounding the bank be removed and when will the restaurants be open. ' Planning Technician Casillas explained that one of the Conditions of Approval that was approved in 2006 is that it . does not grant occupancy to any of the tenant units for any of the restaurants until the building exterior is complete and signed off. Vice -Chair Hunter expressed concern that the construction at this location has been on -going for some time. Planning Technician Casillas explained that a Business License and Signage approval for individual tenants will not be approved or issued by the Planning Division until the project is completed. Chair Ruiz opened the Public Hearing and asked the applicant to the podium. Scott Lee, representative and general contractor for Eric Lee (applicant), stated he is present to answer any questions. Vice -Chair Hunter asked when this project will be completed. Scott Lee, representative stated that he anticipates this project to be completed by the end of April 2013. Chair Ruiz asked Scott Lee if he has read and agrees to the Conditions of Approval. Scott Lee, representative replied, yes. Chair Ruiz thanked Scott Lee and commented he is anxious for this project to be completed. He then asked if there is anyone against this project. None Chair Ruiz closed the Public Hearing and asked the Planning Commission if they had any questions or comments. None Chair Ruiz asked for a motion. Commissioner Herrera made a motion, seconded by Vice -Chair Hunter, ADOPT Resolution No. 12.23 with findings and APPROVE Design Review 09.03, subject to the sixteen (16) conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz No: None Abstain: None Absent: Saccaro 4. CONSENT CALENDAR A. Approval of Minutes - November 19, 2012 B. Planning Division Entitlement List Greg Murphy, City Attorney explained that the Consent Calendar includes two separate items tonight and if there is a Planning Commissioner that would like to pull one item to be considered separately they may do so now or a motion may be made to approve the entire consent calendar. Chair Ruiz addressed the Planning Commission and asked if they would like would like to address each item separately or approve the entire consent calendar. Commissioner Herrera made a motion, seconded by Vice -Chair Hunter, to approve the entire consent calendar. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz No: None no Abstain: None Absent: Saccaro 5. MATTERS FROM STAFF Community Development Director Ramirez announced that there may not be Planning Commission meetings scheduled for the month of January 2013 due to City Hall being closed on both meeting dates as a result of New Years Day and Martin Luther King Jr. holidays. She also wished the Planning Commission on behalf of the Planning Division a safe and happy holiday season. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Herrera wished Happy Holidays to all. Vice -Chair Hunter thanked staff for all their hard work and wished everyone a safe and happy holiday Commissioner Eng thanked staff and wished them a happy holiday season. She requested that tonight's meeting be adjourned in the memory of the staff and students of Sandy Hook Elementary School. Chair Ruiz stated that Commissioner Saccaro, whom is not present tonight, also sends his holiday wishes to everyone. Chair Ruiz thanked Community Development Director Michelle Ramirez, City Attorney Greg Murphy, and staff for all their excellent work and wished everyone a happy holiday. He stated he would like to take a moment of silence in the memory of Sandy Hook Elementary School. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, January 7, 2013 at 7:00 p.m. ictor Ruiz C ATT ST: Rachel Lockwood Commission Secretary