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PC - Minutes - 08-05-13Minutes of the PLANNING COMMISSION MEETING August 5, 2013 The regular meeting of the Planning Commission was called to order at 7:00 p.m., by Chair Herrera in the Council Chambers, 8838 E. Valley Boulevard, PLEDGE OF ALLEGIANCE - Chair Herrera INVOCATION - Commissioner Lopez ROLL CALL - Commissioners Dinh, Lopez, Tang, Vice -Chair Eng, and Chair Herrera ROLL CALL OF OFFICERS PRESENT City Attorney Murphy, Community Development Director Ramirez, Associate Planner Trinh, Planning Technician Casillas, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedure and appeal rights of the meeting. He also presented a brief explanation of how a Planning Commission meeting should be run. (1) Commissioners should not comment on a project when asking questions of staff or the applicant but rather keep their questions to issues of fact that are confusing or otherwise problematic, and should give their thoughts /comments only after the close of the public hearing, at which point all testimony has been presented; (2) with regards to the public hearing, the applicant should speak first, next the public, then the applicant should have a chance to respond to questions or comments from the public, following this the hearing should be closed and staff should be given a final chance to respond, afterwards the Commissioners should state their opinions /comments; (3) with respect to public comments or questions, they should be directed to the Commission, while staff and the applicant (and me) will take down notes on what each might need to answer there will not be a back - and -forth exchange and Commissioners should also not engage the members of the public but rather consider their remarks and discuss them after the responses from the applicant and Staff The hope is that the first two items will clean up the administrative record by not having any opinions or thoughts put in until after the applicant and public have a chance to speak. The third item will streamline the comment process by having all of the responses at one time and without the chance for argument about the responses. 2. PUBLIC COMMENTS FROM THE AUDIENCE Emiliano Ochoa, 4400 Tourmaline St., Los Angeles, CA, requested the Planning Commission look into the commercial address of 2643 San Gabriel Boulevard, in the City of Rosemead. He stated that illegal construction is taking place and that he has reported it to the City in the past. He expressed concern that it is not being addressed. 3. PUBLIC HEARINGS A. MODIFICATION 13.03 - Rosemead Professional Group, LLC has submitted a Modification application requesting to install tempered glass storefront systems on the east and west elevations of a two -story building for weather protection. This project will not add any new square footage to the building. The subject site is located at 3733 Rosemead Boulevard, in the PO -D (Professional Office with a Design Overlay) zone. PC RESOLUTION 13.09 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING MODIFICATION 13.03, FOR THE INSTALLATION OF TEMPERED GLASS STOREFRONT SYSTEMS ON THE EAST AND WEST ELEVATIONS OF AN EXISTING COMMERICAL BUILDING LOCATED AT 3733 ROSEMEAD BOULEVARD IN THE PO -D (PROFESSIONAL OFFICE 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. 13.09 with findings and APPROVE Modification 13 -03, subject to the thirty-nine (39) conditions. Associate Planner Trinh presented the staff report. Chair Herrera asked the Planning Commission if they had any questions for staff. Commissioner Tang commented the building has a lot of windows and asked if all the windows are going to be replaced. Associate Planner Trinh replied no, just the tower element where the steel frame is located. Commissioner Dinh asked if the windows are being replaced with fully tempered glass or partially tempered glass. She explained the difference between the two and stated she is concerned with safety issues within the building in terms of fire or the need to evacuate and not being able to break the glass. Associate Planner Trinh replied that question would need to be deferred to the representative. Vice -Chair Eng referred to the Modification application for the year "2006" that did not take place and asked staff if this is the same Modification or is this something different. Associate Planner Trinh explained the previous entitlements were to add square footage and to redo several things, and this entitlement is just to do a modification to the tower element for weather protection. Vice -Chair Eng asked if there was an elevator in the building. Associate Planner Trinh replied no. Chair Herrera asked if there were any other questions for staff. None Chair Herrera opened the Public Hearing and asked the applicant to the podium. Daniel Wong, retired architect and representative for Rosemead Professional Group, LLC stated he was the architect for the proposed addition for this building in the year "2006 ". He explained an elevator and lobby had been proposed at that time but due to cost, the owner changed his mind. He referred to Planning Commissioner Dinh's question and replied the glass will be fully tempered and will only have sides. He explained that it is not fully enclosed, so the Fire Department would not have to break it. He also explained that the reason they cannot install doors is due to the FAR and General Plan, therefore only weather screens can be installed. He expressed concern that the stairwell of the building has been mis -used by the public on the Rosemead Boulevard side. He stated they would like to install a full enclosure to prevent this but re- iterated that due to the General Plan he has been informed by staff that it cannot be done and is the reason they have submitted the application in this manner to address weather conditions. Chair Herrera asked if the Planning Commissioners had any questions for the applicant. Vice -Chair Eng asked if Mr. Wong's request is due from the nuisance made by the public. Daniel Wong, representative replied currently the weather concerns can be taken care of, but his request is in regards to the nuisance of the public. He added that not any square footage would be added because it is all in the stairs and hallway. He explained that parking would not be an issue because additional offices cannot be added to the building. Vice -Chair Eng asked if Mr. Wong had any plans to add an elevator to the building. Daniel Wong replied no and stated that he is a downstairs tenant with a conference room. He explained his landlord has made that conference room available when needed for the disabled. Chair Herrera thanked the applicant and asked if there was anyone else wishing to speak on this item. None Chair Herrera closed the Public Hearing Greg Murphy, City Attorney, explained to the Planning Commissioners that the item before them tonight is the modification as proposed. He stated if the applicant desires to put in doors on the first floor to keep people out and create a lobby type set - up,(as it looks like it was proposed for Design Review 05 -124 modification that would have enclosed the stairway and added an elevator), then it needs to be submitted as a Variance because of the changes to the floor area ratio that is implemented by today's General Plan. He explained that it cannot be added to the modification that is being requested tonight because that is something that it materially different. He added what is before the Planning Commission tonight is the modification for the tempered glass on the tower element and not anything dealing with the closing in of that area on the first floor. Community Development Director Ramirez stated that it has been explained to the applicant several times at the counter that if he wanted to install doors, it would require a General Plan Amendment due to the change in the FAR. She added the applicant could not apply for a Variance because the FAR is dictated in the General Plan and not the Zoning Code. Chair Herrera thanked Community Development Director Ramirez and asked if there were any further comments or questions. None Chair Herrera asked for a motion. Commissioner Tang made a motion, seconded by Commissioner Lopez, to ADOPT Resolution No. 13-09 with findings and APPROVE Modification 13.03, subject to the thirty -nine (39) conditions. Vote resulted in: Yes: Dinh, Eng, Herrera, Lopez, Tang No: None Abstain: None Absent: None Community Development Director Ramirez explained the ten (10) day appeal process. B. CONDITIONAL USE PERMIT 13 -02 - Cung Luu of Speedway Transmission has submitted a Conditional Use Permit application requesting approval to operate an automotive repair business located at 8719 Garvey Avenue in the M-1 (Light Manufacturing and Industrial) zone. PC RESOLUTION 13 -08 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 13.02, FOR THE OPERATION OF AN AUTOMOTIVE REPAIR FACILITY LOCATED AT 8719 GARVEY AVENUE. STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 13.08 with findings, and APPROVE Conditional Use Permit 13.02 subject to twenty -six (26) conditions. Planning Technician Casillas presented the staff report. Chair Herrera asked the Planning Commission if they had any questions for staff Commissioner Tang asked if repairs are also done on site. Planning Technician Casillas replied they rebuild the transmissions on site. She referred to a picture on page two (2) of the staff report and stated it is garage based and they do repairs inside the unit. Commissioner Tang stated this application was submitted because of an inspection of an adjacent property and asked if this business was already in operation. Planning Technician Casillas replied yes, they were operating as rebuilding transmissions. She explained that the applicant had changed his business from just selling auto parts to rebuilding transmissions. She stated the applicant is present to clarify how it changed to rebuilding transmissions. Community Development Director Ramirez clarified that this was not due to an adjacent property inspection; it was a property with three (3) units in which staff was inspecting one of those units and discovered this unit was in violation of not having a Conditional Use Permit for this type of use. Vice -Chair Eng asked if there are currently any standard site requirements for automotive repair businesses. Planning Technician Casillas replied there is a not specific standard for size restrictions or location of the units, but there are operational requirements for automotive repair. She explained in the conditional use permit section there are several requirements that will have to be met such as "all work will have to be done within the building, all parking areas and drive isles need to remain unobstructed, no portion of the lot can be used for storage of automotive parts or dismantled vehicles ". She explained those are the types of requirements that have to be met within the code. Vice -Chair Eng asked if there are other instances of a different use on a lot with one of them being an automotive repair. Planning Technician Casillas replied there are several properties that have mixed -use and in the M -1 Zone it is permitted to have a variety of uses. 4 Vice -Chair Eng asked what the set -back is from the garage. Planning Technician Casillas replied the set -back from the building to the property line is twenty -two (22) feet. Vice -Chair Eng asked if that was the standard set -back for commercial properties abutting a residential use. Planning Technician Casillas replied the code currently requires that a new building construction have the same set- back as the most restrictive zone, so if it was an R -1 zone the set -back would be twenty -five (25) feet. Vice -Chair Eng stated the standard set -back requirement for a residential property is twenty-five (25) feet in the rear. She asked if a commercial site abuts a residential property is there a different set -back. Planning Technician Casillas replied no, there is not a set -back from the property line; then: are set -backs for buildings. She added in the M -1 zone there is a line of site which will determine the set -back but not a specific number. Commissioner Lopez asked if the applicant was originally transmission repair and now wants to move to automotive repair. Planning Technician Casillas replied no, the applicant was originally approved as a automotive parts wholesaler. Commissioner Lopez asked if Speedway Transmissions only sold transmission parts. Planning Technician Casillas replied that the name of his business is "Speedway Transmissions" and according to his business license or Certificate of Occupancy, when it first came in, was an auto parts wholesale business. Commissioner Lopez confirmed that the business only sold auto parts and now the applicant is requesting to do auto repairs. Planning Technician Casillas replied yes, that is correct. Commissioner Lopez asked if there will be concerns with equipment that will be used for repairs as far as noise levels and asked what the applicant is actually doing. He asked will the applicant do simple tune -ups or will he be replacing transmissions, engines, or full repairs to automobiles. Planning Technician Casillas replied that the request on the application is specifically just to rebuild transmissions. Commissioner Dinh asked if the retail space is currently occupied. Planning Technician Casillas replied yes it is. Commissioner Dinh asked if they are using the parking space in the back also. Planning Technician Casillas replied all three commercial units share the parking lot in the back. Commissioner Dinh commented that she is unsure how transmission facilities work and how many cars they work on at one time, but automobile repair facilities usually work on more than one vehicle at the same time. She asked how many cars this lot/structure will hold if needed, especially if they have to be held overnight and not be parked in the parking structure. Planning Technician Casillas replied that they have just enough parking for the building square footage. She added if the applicant needs to have cars held overnight, then he would have to store them in his garage where he has enough space for four (4) vehicles. Commissioner Dinh asked if that is with the addition of the equipment in the garage. Planning Technician Casillas replied yes. Commissioner Tang asked as part of the conditional use permit is it required to provide proper certification due to the business starting as a wholesale business and changing it to automotive repair. Planning Technician Casillas replied yes, and explained when an application is submitted staff routes it to different agencies. One of the main agencies is Los Angeles County Public Works Environmental Division Program and they issue Industrial Waste Permits. She added the applicant has paid and received approval through this agency. Vice -Chair Eng addressed Greg Murphy, City Attorney, and referred to the use going from wholesale to repairing transmissions and stated that it is being said this is exempt from CEQA because it is a minor alteration. She asked if this is considered a minor alteration under CEQA. Greg Murphy, City Attorney, replied yes. He explained this is a change in use that staff has identified as not creating hazardous waste. He added based on how the conditions of approval are written, and on the use it has been applied for, it is not going to do all types of auto repair; it is just going to do transmissions. He explained because of that, as well as no real change being proposed to the structure itself, an exemption is proper. Vice -Chair Eng asked if CEQA only applies to the physical structure and not the use. Greg Murphy, City Attorney replied CEQA can apply to the use as well, but staffs expert determination (based upon the manner in which the applicant proposes to operate the business and the fact it is transmission repairs opposed to a broad base auto repairs) it was not viewed as something that would create the exception to the exemption where the facts of the particular case took it outside the exemption for alterations to an existing structure. Vice -Chair Eng asked if the applicant has been rebuilding or repairing transmissions for a while. Planning Technician Casillas replied she does not have any evidence on how long they have been doing it. She explained when she went out to do an inspection for a previous conditional use permit for the Martial Arts use she found they were doing repairs and noticed they did not have a conditional use permit. Vice -Chair Eng asked if the City has recorded or received any complaints in regards to this business from the residents. Community Development Director Ramirez replied no. She explained that staff spoke with Mr. Greg Denton (who was the gentleman that attended the Planning Commission meeting and spoke about the Martial Arts use in the past) and he stated he had no issues with this use at all. Commissioner Lopez referred to hazardous waste and asked how /where it will be stored, scheduled to be picked up, and be disposed of. Greg Murphy, City Attorney, replied Condition of Approval number twenty-three (23) states "All waste materials shall be handled and disposed of in accordance with local, state, and federal laws and policies. No wasted material shall be washed or poured into any public alley, street, storm drain, or sewer'. He explained with the changing of state and federal laws on waste disposal procedures, rather than putting specific restrictions into the conditional use permits that may not be as strict as what the law allows, it would give a permit holder the ability to say from seven (7) years from now they don't have to comply with the law because the law provides a looser requirement. Therefore, we just say they have to comply with the law and leave it to the Community Development staff and Code Enforcement staff to know what the law is and make sure the law is being complied with. He added if complaints come in, then they will be investigated. Commissioner Lopez stated that one of the concerns now is that there is a Martial Arts Studio right next door with students and he would like to be reassured that the hazardous waste is being disposed of in a regular basis and not sitting around. Greg Murphy, City Attorney, stated before the applicant is called to the podium based on comments by Planning Commissioners he would like to propose a modification to Condition of Approval number twenty -two (22) to address their concerns and have it state, "All repair work shall pertain to the repair and rebuilding of transmissions only. No general automotive repair is authorized by this permit. Further, all repair work shall be conducted wholly within the enclosed building." He added this will address the concerns that have come up and the applicant may be asked if he accepts the condition when he comes up to the podium. Chair Herrera opened the Public Hearing and asked the applicant to the podium. Cung Luu, applicant, stated he is present to answer any questions the Planning Commission may have. Commissioner Lopez asked how the oil /hazardous waste will be disposed of and if there is a pick -up time or schedule. Cung Luu replied there is a containment unit on the premises which holds two (2) drums. He explained one of the drums is a fifty -five (55) gallon drum where the used oil goes and one is a thirty (30) gallon drum where the filtered oil goes. He added when the drums are filled to about seventy-five percent (75 %) they call San Fernando Oil Recycling who will then pick up the filters and used oil. Vice -Chair Eng asked what is involved in rebuilding a transmission. Cung Luu stated that their business is a wholesale business dealing with shops and not with walk -in customers. He stated that they pick -up transmissions when called. He explained the operation requires that the transmission be removed, placed on a self - sealed bench so the oil collected goes into a container, dismantled into individual parts, and the parts are placed in a thirty -three (33) gallon washer for about one and a half (1 and 1/2) hours. He explained that the water /oil is also picked up by the same company that picks up the used oil. He added the parts are washed, the transmission is then reassembled and replaced with a rebuild kit, and tested. When reassembled they are shipped back to the company or pick -up destination and reinstall them into the vehicle and a test drive is completed. He added if there is a problem with the transmission, the company will call them and that is when the vehicle will have to put on a lift in their shop to locate the problem. He added that they do not have a sign nor do they advertise that they are a transmission shop. Vice -Chair Eng asked how long this business has been operating. Cung Luu replied they opened their business in the year "2004" and initially was only selling new and used transmission auto parts. He explained it gradually changed into the rebuilding of transmissions. Chair Herrera asked if there were any other questions or comments. None Chair Herrera closed the Public Hearing and asked the Planning Commission if they had any questions or comments None Chair Herrera asked for a motion. Commissioner Lopez made a motion, seconded by Vice -Chair Eng to ADOPT Resolution No. 13 -08 with findings, and APPROVE Conditional Use Permit 13.02 subject to twenty -six (26) conditions with the Modification to Condition of Approval number twenty -two (22). Vote resulted in: Yes: Dinh, Eng, Herrera, Lopez, Tang No: None Abstain: None Absent: None Community Development Director Ramirez explained the ten (10) day appeal process. 4. CONSENT CALENDAR A. Minutes - July 1, 2013 B. Second Extension of Conditional Use Permit 11.10 Vice -Chair Eng made a motion, seconded by Commissioner Lopez, to approve the Consent Calendar as presented. Vote resulted in: Yes: Dinh, Eng, Herrera, Lopez, Tang No: None Abstain: None Absent: None 5. MATTERS FROM STAFF Community Development Director Ramirez announced upcoming events the City will be hosting. The first event is the "Rosemead National Night Out and Emergency Preparedness Fair" to be held at Zapopan Park on Tuesday, August 6, 2013 at 6:00 p.m. to 9:00 p.m., and added the Planning Commission is invited. The second item is a Joint Workshop between the Planning Commission /City Council that will be held on Tuesday, August 13, 2013 at 5:00 p.m., in the Council Chambers to discuss the Zoning Code Update. The last event is a Dinsmoor House Museum Fundraiser called "A Night under the Stars ", which will be held on Friday, August 16, 2013 at 6:30 p.m. to 10:00 p.m., and explained this is a fundraiser to help continue to provide renovations of the Museum. Tickets are on sale for $25.00 per person or $40.00 per couple through the Parks & Recreation Department. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Lopez asked who handles the maintenance of the on -ramp and off -ramp on Walnut Grove Avenue. Community Development Director Ramirez replied technically it is Caltrans but she can contact the Public Works Director if there is a concern to address. Commissioner Lopez commented the on -ramp and off -ramp on Walnut Grove Avenue needs to be cleaned and requested that Public Works be contacted. Community Development Director Ramirez stated she will contact the Public Works Director and let him know. 7. ADJOURNMENT Meeting adjourned at 7:47 p.m. The next regular Planning Commission meeting will be held on Monday, August 19, 2013 at 7:00 p.m. Diana Herrera Chair AT ST: Q L�.IiC Rachel Lockwood Commission Secretary