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PC - Minutes - 06-16-14Minutes of the PLANNING COMMISSION MEETING June 16, 2014 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 - Commissioner Tang INVOCATION - Commissioner Dinh ROLL CALL - Commissioners Dinh, Lopez, Tang, Vice -Chair Eng, and Chair Herrera ROLL CALL OF OFFICERS PRESENT— Community Development Director Ramirez and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Community Development Director Ramirez presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. DESIGN REVIEW 12.05, GENERAL PLAN AMENDMENT 12 -02, ZONE CHANGE 12 -02, AND TENTATIVE TRACT MAP 72347, 7801 -7825 GARVEY AVENUE - Gerard Ngo has submitted entitlement applications requesting to develop a new residentiallcommercial mixed use development. The project consists of the demolition of all existing structures to construct a five -story, mixed use development with 15,553 square feet of retaillrestaurant space on the basementlfirst and second floors and 60 residential units on the third through fifth floors, comprising 54,609 square feet, for a total built area of 70,162 square feet. Parking is proposed as a combination of surface and two stories of subterranean basement parking. The City is proposing to participate by vacating the existing public alley that bisects the site. Access to the proposed project will be provided via the rear of the structure with one entrance each on Del Mar Avenue and Brighton Street. The project also includes a density bonus application under Senate Bill (SB) 1618, which amended the state bonus law to allow density bonuses up to 35 %. The property is located at the northeast comer of Del Mar Avenue and Garvey Avenue in the C -3 (Medium Commercial) zone. A Notice of Intent to Adopt a Mitigated Negative Declaration (MIND) for the project was distributed for a 20 -day public review and comment period from May 21, 2014 to June 9, 2014. During the review period, staff received comments from several agencies. Due to the extent of the comments received from the California Department of Transportation (Caltrans) and the Los Angeles County Department of Public Works ( LACDPW), it is requested that this item is continued to a future Planning Commission date. STAFF RECOMMENDATION - The Planning Commission continue this public hearing item to a date uncertain. The continuance will allow the Planning Division, Applicant, and Environmental Consultant to work with Caltrans and LACDPW to ensure that all reviewing agencies deem the MIND acceptable. Community Development Director Ramirez presented the staff report. Chair Herrera asked the Planning Commission if there were any questions or comments for staff. Commissioner Tang referred to the Garvey Avenue condor and the subcommittee that has been formed. He asked if there is specific vision of what they would like the Garvey Avenue corridor to look like, other than whats been tasked with the subcommittee. Community Development Director Ramirez replied no and explained that is the idea of the Garvey Avenue Specific Plan Subcommittee. Commissioner Tang referred to the interest of mixed -use developments and asked if there are ways that the City or staff can attract quality developments that doesn't really overdevelop. Community Development Director Ramirez replied yes and explained that will also be discussed in the specific plan. Vice -Chair Eng asked if this property is within the specific plan project area. Community Development Director Ramirez replied yes. Vice -Chair Eng asked if there is a reason why this item was scheduled for a Public Hearing and brought to the Planning Commission before comments were received from reviewing agencies. Community Development Director Ramirez explained due to timing it just happened to overlap this way. She added it has happened in the past and noted that the two reviewing agencies did not submit comments until the very last day. Commissioner Dinh asked if specific questions in regards to the project can be asked. Community Development Director Ramirez stated questions may be asked and informed the Planning Commission that she may not be able to reply. She stated since this item is being continued to a date uncertain, she currently does not have information available. She added that due to the two reviewing agencies and their comments, there may be changes to the project, and her comments may be incorrect. Commissioner Dinh asked what the exact square footage of the land that will be developed. Community Development Director Ramirez replied she does not have that intonation. Commissioner Dinh referred to the approved mixed -use project on Mission Boulevard and asked how this project will compare to that one or will be on a larger scale. Community Development Director Ramirez replied it will be more intense. Commissioner Lopez asked what are the two (2) reviewing agencies questioning, Community Development Director Ramirez replied that Los Angeles County had questions regarding the sewer capacity and Cal -Trans had questions regarding traffic. Commissioner Lopez asked if the recommendation for this project is to continue this Rem to a date uncertain and clarified that this item will return to the Planning Commission to be heard with clearer details. Community Development Director Ramirez replied that the recommendation is for this item to come back at a date uncertain and staff will re-notice this item. Chair Herrera opened the Public Hearing and asked Brian Lewin to the podium Resident Brian Lewin stated he is on mailing list for most notices that the City provides and expressed concern that he had not received a notice or heard anything about this item. He requested that the next time this item is noticed and future notices, especially regarding Mitigated Negative Declarations, be sent to him. He also requested that they be part of the Public Announcements especially if there Is an opportunity to comment on them. He referred to the density bonus in the staff report and asked what specifically is the applicant receiving in terms to their selected density bonus. Community Development Director Ramirez stated she is noting all of Brian Lewins questionslcomments and if Chair Herrera would like her to respond after all his questions have been made, she will respond at that time. Resident Brian Lewin expressed concern with density bonuses and unnecessary giveaways such as parking, if parking is what is being given, especially when the City will possibly be granting a General Plan Amendment and Zone Change. He expressed the City has leverage and does not have to allow giveaways. He expressed concern with the size of the residences with sixty (60) residential units on 54,609 square feet. Community Development Director Ramirez stated since staff is not prepared to present the staff report this evening, this information is not available. She added the information that is included in the staff report, such as how large the site is and the number of residential units could change due to any mitigation measures outlined in the Mitigated Negative Declaration. Resident Gerardo Hijar stated his family owns two (2) properties located at 3031 and 3035 Brighton Avenue. He requested that Public Hearing Notices be written in different languages and sent out with more notice. He expressed that everyone that received this notice had difficulty reading it, understanding it, and did not know they would have an opportunity to speak this evening. Chair Herrera asked resident Gerardo Hijar if he received a notice. Resident Gerardo Hijar replied yes, but he had only received one. He stated it was addressed to the property owner, but they own two properties on Brighton Avenue. He added he has been a resident for a number of years and recommended that a follow up letter be sent and better communication. Chair Herrera asked staff if the distance is a 300 ft. radius for Public Hearing Notices to be sent out. Community Development Director Ramirez replied yes. Resident Gerardo Hijar stated there is a gentleman in the audience that did not receive a notice. Community Development Director Ramirez requested the gentleman leave his name and address so she may contact him. She stated she will confirm with staff and check that the address is within the 300 ft. radius and if a notice was mailed. Resident Gerardo Hijar stated there is a gentleman present that speaks Mandarin and asked if there is anyone that may translate for him. Vice -Chair Eng stated she speaks Mandarin and offered to translate. She asked the gentleman to state his name and address. Resident Jackson Tsai of 3030 N. Brighton Street stated he did not receive a Public Hearing Notice Vice -Chair Eng asked staff if the Public Hearing Notices are mailed to property owners only and not the tenants. She also asked if the information is obtained from the current County Assessors records. Community Development Director Ramirez replied yes. Vice -Chair Eng asked the resident if the address of 3030 Brighton Street is zoned as R -2 and has two properties on one(1)lot. Response was from the audience and not audible. Resident Maria Isabel Suarez of 3041 Brighton Street stated in Spanish that she received the Public Hearing Notice but it was in English only, so she did not understand it (she speaks Spanish only). Community Development Director Ramirez stated she did not speak Spanish. Audience member offered to translate, and translated that the residents name is Maria Isabel Suarez and her address is 3041 Brighton Street. She added that the resident did receive the Public Hearing Notice but it was in English only so she did not understand it. Commissioner Lopez asked if the Public Hearing Notice is only sent in English. Community Development Director Ramirez replied yes. Chair Herrera recommended that if a Public Hearing Notice is sent to a resident and they do not understand it, they may contact City staff, or come to City Hall to have someone assist them. Audience member translated Chair Herrera's recommendation to Maria Isabel Suarez. Chair Herrera explained that a decision will not be made on this item this evening and will be re- scheduled for a date uncertain. She recommended that when this item is re- noticed and sent out, for anyone who doesn't understand the notice to call or come by City Hall and have staff explain or translate it. Maria Isabel Suarez thanked Chair Herrera. Chair Herrera asked if there is anyone else wishing to speak in favor or against this item. None Chair Herrera closed the Public Hearing. Commissioner Tang requested that before this item is closed and a motion is made, an explanation be given to the public on what it means to "Continue this item to a dale uncertain. Chair Herrera explained that due to comments from Caltrans, LACDPW, and the recommendation from staff, the Planning Commission will be voting to "Continue" this item to a date uncertain, Community Development Director Ramirez explained that a decision will not be made on the project this evening. She informed the public that the item will be re- noticed and all property owners within a 300 ft. radius will be notified of the new date for this item to be heard by the Planning Commission. She stated a date will not be set at this lime. Vice -Chair Eng thanked the public for attending the Planning Commission meeting and encouraged them to keep an eye out for the Public Notice that will be sent out in the future. Chair Herrera asked the Planning Commission if there were any further comments or questions. None Chair Herrera asked for a motion. Commissioner Lopez made a motion, seconded by Commissioner Dinh, to continue this public hearing item to a date uncertain. The continuance will allow the Planning Division, Applicant, and Environmental Consultant to work with Caltrans and LACDPW to ensure that all reviewing agencies deem the MIND acceptable. Vote resulted in: Yes: Dinh, Eng, Herrera, Lopez, Tang No: None Abstain: None Absent: None 4. CONSENTCALENDAR None 5, MATTERS FROM STAFF Community Development Director Ramirez announced the date, time, and location of the City of Rosemead Fourth of July Parade/Celebration. She reminded the Planning Commission that they have been asked to participate in the parade and opening ceremonies. She requested that the Planning Commissioners RSVP to Sandy Bemica in the Parks & Recreation Department to receive further instruction and information. Chair Herrera announced the date of the Chamber of Commerce Installation Dinner. Community Development Director Ramirez informed the Planning Commission they are to RSVP to Linda Young in Administration in regards to this function. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Chair Herrera stated she has received complaints in regards to Tour Buses parking, loading, and unloading on Delta Avenue and Valley Boulevard. Community Development Director Ramirez announced that the City Council just passed a new ordinance that will not allow any type of tour or casino buses to park, load and unload passengers on City streets and right -a -ways except for emergencies. She stated this will go into effect on July 10, 2014 and that they must have wntten permission from the property owner and a City business license to park in a private parking lot. She stated they are subject to a citation of $500.00 for the first offense, and $1,000 for subsequent violations of the Ordinance. Commissioner Dinh asked if the private bus operators are being notified of this new Ordinance Community Development Director Ramirez replied yes. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, July 7, 2014, at 7:00 p.m. Meeting adjourned at 7:28 p.m. Diana Herrera Chair ATT ?�f /�� p Rachel Lockwood 9! d, /••V Y� Commission Secretary