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PC - Minutes - 03-03-14Minutes of the PLANNING COMMISSION MEETING March 3, 2014 The regular meeting of the Planning Commission was called to order at 7:00 p.m. by Vice -Chair Eng in the Council Chambers, 8838 E. Valley Boulevard. PLEDGE OF ALLEGIANCE - Commissioner Dinh INVOCATION - Vice -Chair Eng ROLL CALL - Commissioners Dinh, Lopez, Tang, and Vice -Chair Eng ABSENT - Chair Herrera ROLL CALL OF OFFICIALS PRESENT: City Attorney Murphy, Community Development Director Ramirez, 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, 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 13.04 AND ZONE VARIANCE 13 -03 - Paul Dang of Advance Tutoring Center has submitted a Conditional Use Permit application, requesting to operate a tutoring center within an existing multi -unit commercial center. The applicant also submitted a Zone Variance application requesting to deviate from the required number of parking stalls. PC RESOLUTION 14.05 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 13.04 FOR THE OPERATION OF A TUTORING CENTER AND ZONE VARIANCE 13.03 REQUESTING TO DEVIATE FROM THE REQUIRED NUMBER OF PARKING STALLS LOCATED AT 9241 VALLEY BOULEVARD, UNITS 202, 203, AND 204, IN THE C -31) (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 14 -05 with findings and APPROVE Conditional Use Permit 13.04 and Zone Variance 13.03, subject to the twenty-seven (27) conditions. Planning Technician Casillas presented the staff report. She stated a correction needs to be made in the Resolution and explained it is dated as February 20, 2013, and it should be February 20, 2014. Vice -Chair Eng asked the Planning Commission if they had any questions or comments for staff. Commissioner Tang asked if the Advance Tutoring Center is currently operating in all of the three units. Planning Technician Casillas replied yes. Commissioner Tang asked how they are currently operating without this entitlement Community Development Director Ramirez replied it is currently operating illegally and explained that is why they are here this evening. Commissioner Dinh asked how long has this business been operating. Planning Technician Casillas replied it has been operating since May 17, 2013, Commissioner Dinh asked what the current enrollment is. Community Development Director Ramirez stated the applicant may answerthat question. Commissioner Tang asked if the parking situation was assessed to see if it will impact the other businesses in this center Planning Technician Casillas replied the traffic study did the parking counts and analyzed this for the current and future uses. Commissioner Tang asked if the City has received any complaints from other businesses at this location. Planning Technician Casillas replied no. Commissioner Dinh slated she visited the site around 5:00 p.m. and noticed parking had not been an issue at that time. She spoke with the other tenants on the first floor and they did not have concerns in regards to the after school parking, but reported they had two other concerns. The first concern is that Unit 100, which is the Senior Association, has people that take up 10 -12 parking spaces all day. The second concern relates to the tutoring center noise level due to the students running up and down the stairs she recommended that the Planning Commission take that concern into consideration. Vice -Chair Eng asked if the Zone Variance is only applicable while this business is in operation or if they re- locate, She also asked what happens if the Planning Commission approves this. Planning Technician Casillas replied the Zone Variance gets approved based on the operations currently stated in the Conditional Use Permit business operations. She explained if the business leaves, then there would be no use for the Vanance since it is for the tutoring center deficiency in parking. Vice -Chair Eng asked if the Zone Variance is primarily for this operation and if this business leaves will the parking standard return to its current standards. Greg Murphy, City Attorney, explained that if another tutoring center comes in within the time limit before the Conditional Use Permit were to lapse and took its place, then the Zone Variance would still apply. He stated if the use was not a tutoring facility and not within that time frame, then the Zone Variance would lapse along with the Conditional Use Permit. Vice -Chair Eng referred to the traffic study and stated there is a vacant unit with three (3) parking stalls assigned to it. She asked if another business came into the center what would happen in regards to the traffic study. Planning Technician Casillas replied the parking study looked at the use for that unit, which would be either retail or office use. She stated that parking rate is based at one (1) per two- hundred and fifty (250) square feet. She explained if another use came in that required more parking, they would have to do another parking study to determine if there was enough parking for that use. Vice -Chair Eng asked when this application came in. Planning Technician Casillas replied this came in on September 25, 2013, Vice -Chair Eng asked if this was submitted before the current Zoning Code updates. Community Development Director Ramirez replied yes. Vice -Chair Eng asked if the Zoning Code Update revised requirements in regards to tutoring uses. Community Development Director Ramirez and staff replied no. Chair Eng asked if there were any other questions or comments for staff. None Vice -Chair Eng opened the Public Hearing and asked the applicant to the podium. Paul Deng, applicant, stated he is present to answer any questions. Vice -Chair Eng asked the Planning Commission if they had any questions or comments for the applicant. Commissioner Dinh referred to the traffic study that had been done last year and asked if there has been a change to the status of the number of students in high school or is it similar. Paul Dang replied because of the study they are trying to keep the numbers the same and explained they rotate student arrivals to help with the stress of congestion, Commissioner Dinh stated it looks like there is a fairly even number of students in the other grades and the high school students enrollment is eleven (11). She stated it would be a different scenario if there were more high school students because they would be able to drive, and impact the parking use. She stated if it is currently similar to the parking study, then the Planning Commission can base it on that. Paul Deng stated, in the past, the high school students have always walked to their facility from Rosemead High School. He added their parents have always picked them up after work. Commissioner Tang asked how many students they have at their facility at peak hour. Paul Dang replied seventy (70) and explained they are not there at the same time. Commissioner Tang asked what time is the usual peak time. Paul Dang replied 3'.00 p.m. after school. Commissioner Tang asked what time do students usually get picked up. Paul Tang replied they get picked up throughout the day from 3:00 p.m. to 6:00 p.m., sometimes later because parents get caught in traffic. Commissioner Tang asked if parking is an issue since most of the students get picked up after 5:00 p.m., after the other businesses have closed. Paul Tang replied his center is open till 6:15 p.m., and they wait until all students are picked up. He explained there are different time slots for students to get picked up, for instance 1�t and 3v graders get picked up from 4:00 p.m. to 6:00 p.m. Vice -Chair Eng asked Paul Dang how long has he been in business. Paul Dang replied eight (8) years . Vice -Chair Eng asked where his business was prior to this location. Paul Dang, applicant replied he has only been at this location for the last eight (8) years. Vice -Chair Eng asked what the maximum amount of students is. Paul Dang replied there are currently seventy (70) students enrolled. He explained that is the most he has ever had, and that it can vary. He explained that it varies from month to month due to parents having financial difficulties, Vice -Chair Eng asked if most of the students are there for tutoring and if they are continuously there from 2:00 p.m. to 8:00 P.M. Paul Deng replied yes. Vice -Chair Eng asked which grade levels are tutored the most. Paul Dang replied it is usually the younger age groups. Vice -Chair Eng asked what percentages of students are picked up. Paul Dang replied about fifty percent (50 %). Vice -Chair Eng asked if students attend the facility on the weekend. Paul Tang replied that the facility is open on Saturday's for individual one -on -one tutoring and there are fifteen (15) to twenty (20) students that are dropped off at various times throughout the day. Vice -Chair Eng asked if the students are dropped off and picked up later, or if parents stay and wait for a couple of hours. Paul Dang explained that students are usually dropped off and the parents go run errands. Vice -Chair Eng asked if he has been operating at this location for eight (8) years. Paul Dang replied yes. Vice -Chair Eng asked what challenges he has encountered. Paul Deng replied that he loves his job and what he is doing. He added that the neighboring businesses have not always been co- operative and the students are a challenge once in a while. Vice -Chair Eng asked if Paul Deng is also a teacher. Paul Dang replied he used to be a teacher and taught math to high school students for about five (5) years then decided to open his own tutoring center. Vice -Chair Eng commented that Vietnamese classes are offered and expressed that is a good thing. Paul Dang slated they offer Vietnamese classes to help Vietnamese parents bridge the gap between the children to promote and celebrate all Asian cultures. Vice -Chair Eng expressed this is important because there is a large Vietnamese community and the children should not only be able to understand, but be able to read, and write the language, as well as Chinese and Spanish. She asked what the maximum number of students per classroom is. Paul Dang replied there are typically eight (8) students, but it depends on the size of the room and can sometimes be more. Vice -Chair Eng referred to the Floor plan and stated there are open areas and asked if the students stayed in -doors during their breaks or in- between classes. Paul Deng replied yes. He explained that the students also read quietly in the reading area. Vice -Chair Eng asked if the reading area is indoors and if the students are in the parking lot. Paul Dang replied for safety reasons they do not let the students go outside. Commissioner Tang asked staff if the two parking stalls marked "Reserved for ATC" will be utilized for drop -off and pick -up only. Planning Technician Casillas replied yes. Commissioner Tang asked if the intent is to drop -off and pick -up only, should a limited time frame be set on the two parking stalls. He explained that if it is just marked "Reserved" a student or teacher may park there for hours . Planning Technician Casillas replied that the Planning Commission may limit the time if requested. Commissioner Tang stated that question was for clarification and requested that the Planning Commission discuss this. Vice -Chair Eng stated this can be discussed when the Public Hearing is closed. She stated there are two speakers request and called Lory Thuan Than to the podium. Lory Thuan Than introduced her sons Dillon (5th grade) and Aiden (3rd grade) and stated her sons have been attending ATC for the last fve (5) years. She expressed that attending tonight's meeting to support Paul Dang and the Advance Tutoring Center is very important to her, and that she even gave up her 40th birthday party to attend. She expressed that she has been very happy with ATC, Paul Dang, and all the tutors. She explained her children have been doing very well in school, made the honor roll at Savannah School, and are happy to be able to attend this meeting to support Mr. Paul Dang. Dillon Than, son of Lory Thuan Than, stated that he has attended "ATC" for a long time and ever since he has been attending he has been a very good student. He expressed that Paul Dang has taught him and taken care of him with his kind heart. Hanh Dinh, student of "ATC ", stated this is her first year of attending the center and her grades and test have improved from B's and C's to A's. She expressed that without the Advanced Tutoring Center she does not know what she would do. Vice -Chair Eg asked which school Hanh Dinh attended. Hanh Dinh replied she attends Muscatel Middle School. She asked the Planning Commission if they had any questions for her Planning Commissioners replied no and thanked her for her comments. Brian Lewin, resident, stated this is a rhetorical question and he would like the Planning Commission to consider this while they make their decision. He asked what happens if the pick -up and drop -off service offered by the school is no longer economically viable for Mr. Deng to provide and the service stops. Vice -Chair Eng thanked Mr. Lewin and asked if there was anyone else wishing to speak or comment on this item. None Vice -Chair Eng closed the Public Hearing and asked the Planning Commission if there is anything further they would like to discuss. Commissioner Tang recommended placing a time limit on the two parking stalls reserved for "ATC" to encourage pick -up and drop -off only. Commissioner Dinh recommended that it be re- labeled as "ATC use only for drop -off and pick -up only" and explained if a time limit is placed it would be difficult to enforce. Vice -Chair Eng stated the recommendation is to permanently reserve two spaces for this tenants use. She stated she had visited the site and noticed that names were on additional parking spaces for other tenants and asked staff if this was an agreement with the property owner. Planning Technician Casillas asked if Vice -Chair Eng is referring to the sign and explained that when the parking study had been submitted the sign was approved by the traffic consultant and the applicant Installed the sign with the recommendation of the traffic consultant. Vice -Chair Eng clarified that Commissioner Tang's request is that there are two permanent "ATC" reserved parking stalls marked for drop -off and pick -up only as a condition of approval. Commissioner Tang clarified that he is not requesting two additional parking stalls but for the two current proposed parking spaces and have them as reserved as drop -off and pick -up only. Greg Murphy, City Attorney, recommended that Condition of Approval number twenty-four (24) state," Two parking stalls should be posted with two fifteen (15) minute parking limit signs and marked for Reserved for ATC use only ". He explained that would allow a parent to pull in pads for a short period of time and turn the engine off to comply with the no idling provision and not have a tutor blocking up that space. He added staffs concern for the public and Planning Commissioners is that the students have easy access to the stairwell to get up and down. He explained that is why the two spaces where marked off in the diagram for the one's chosen and the fifteen (15) minute signs should be fairly easy and not too costly for the city/applicant. Vice -Chair Eng addressed Bran Lewin's question in regards to the drop -off and pick -up services and what will happen if it is not economically feasible in the future. She stated with all the schools in this area this may be a small concern and if it gets to that point it may not be economically feasible for the tutoring center to maintain their operation and may get scaled down as well. She thanked Mr. Lewin for his concern and added if this had been a different type of business other than the tutoring facility there may be cause to be concerned with the parking deficiency and explained that parents more than likely will not be sitting in the parking lot for hours waiting for students. Greg Murphy, City Attorney, stated when the City Attorney's office reviewed this item they also came to the same conclusion from a practical perspective. If there are any legal concerns, then it is covered by Condition of Approval number four (4), which allows changed circumstances to be a basis for staff to bring this back for review or modification by the Planning Commission. Vice -Chair Eng thanked Mr. Murphy and asked if there were any other questions or comments None Vice -Chair Eng asked for a motion Commissioner Dinh made a motion, seconded by Commissioner Tang, to ADOPT Resolution No. 14 -05 with findings and APPROVE Conditional Use Permit 13.04 and Zone Variance 13.03, subject to the twenty-seven (27) conditions. Condition of Approval Number twenty-four (24) revised by the Planning Commission to state, "Two parking stalls should be posted with two fifteen (15) minute parking limit signs and marked for Reserved forATC use only." Vote resulted in Yes: Dinh, Eng, Lopez, and Tang No: None Abstain: None Absent: Herrera Community Development Director Ramirez explained the ten (10) day appeal process. 4. CONSENTCALENDAR A. Minutes - January 21, 2014 Vice -Chair Eng requested that Item A (Minutes of 1- 21 -14) be pulled and voted on separately due to her not being present at this meeting. Commissioner Lopez made a motion, seconded by Commissioner Tang to approve A (Minutes - January 21, 2014) as presented. Vote resulted in: Yes: Dinh, Lopez and Tang No: None Abstain: Eng Absent: Herrera B. Minutes - February 3, 2014 Commissioner Lopez made a motion, seconded by Commissioner Tang, to approve B( Minutes - February 3, 2014) as presented. Vote resulted in: Yes: Dinh, Eng, Lopez, and Tang No: None Abstain: None Absent: Herrera S. MATTERS FROM STAFF Community Development Director Ramirez announced the City of Rosemead's Community Yard Sale event and gave date, time, and location. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Lopez announced the date, time, and location of two upcoming events (one in which he will be performing as a Gourd Dancer for the Native American Community). He stated if there is anyone wishing to attend or would like more information to please contact him and he will email them a flyer. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monda , March 17, 2014, at 7:00 p.m. Diana Herrera Chair TES� Llk Rachel Lockwood Commission Secretary