Loading...
PC - Minutes - 09-21-15Minutes of the PLANNING COMMISSION MEETING September 21, 2015 The regular meeting of the Planning Commission was called to order by Chair Tang at 7:00 p.m. in the Council Chambers, 8838 E. Valley Boulevard. PLEDGE OF ALLEGIANCE — Commissioner Eng INVOCATION — Commissioner Deng ROLL CALL — Commissioners Dang, Eng, Herrera, Vice -Chair Lopez and Chair Tang OFFICIALS PRESENT: City Attorney Murphy, Community Development Director Ramirez, City Planner Bermejo, Associate Planner Trinh, City Engineer Fajardo, and Commission Secretary Lockwood 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney, Greg Murphy presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None A. DESIGN REVIEW 14 -02, CONDITIONAL USE PERMIT 14 -01, AND PUBLIC CONVENIENCE OR NECESSITY 14 -02 — On July 20, 2015 the Planning Commission conducted a duly noticed public hearing for Design Review 14 -02 and Conditional Use Permit 14.01 to allow the development of a one -story 2,400 square foot 7- Eleven convenience market with an Off -Sale Beer and Wine (Type 20) Alcoholic Beverage Control (ABC) license. The store proposes a 24 -hour operation with no alcohol sales after 11:00 p.m. Since the project site is located within a census tract with undue concentration of alcohol licenses and within a high crime reporting district, the application also included a request for a determination that the alcohol license will serve the Public Convenience or Necessity (PCN 14 -02) as required by State ABC. At that hearing the Planning Commission reviewed the proposed project and received testimony from members of the public. In response to public testimony, the Planning Commission decided to continue the item to the meeting of September 21, 2015 so that the community had more opportunity to give input. The Commission further encouraged 7- Eleven to do neighborhood outreach and bring back crime statistics for the two existing 7- Eleven stores (7- Eleven at 4800 Temple City Blvd. in Temple City and 7- Eleven at 10009 Valley Blvd. in El Monte). On September 11, 2015, Thrifty Oil Co. submitted a letter requesting that the Planning Commission continue the public hearing to the regular meeting of October 19, 2015. The letter indicates that based on the feedback that they received during their public outreach meeting on September 9, 2015, additional time is needed for more public outreach. It is recommended that the Planning Commission move to continue the public hearing to the regular meeting of October 19, 2015. City Planner Bermejo presented the staff report City Attorney Murphy recommended that the Public Comment for this item be continued to the October 19, 2015 Planning Commission meeting. Chair Tang asked the Planning Commission if there were any questions or comments for staff. None Chair Tang requested a motion. Vice -Chair Lopez made a motion, seconded by Commissioner Dang, to CONTINUE the public hearing to the regular meeting of October 19, 2015. Vote resulted in: Yes: Dang, Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated the vote passes 5 to 0 to CONTINUE this item to the Planning Commission meeting to be held on October 19, 2015. B. TENTATIVE PARCEL MAP 73496 - Don Bosco Technical Institute has submitted an application for a Tentative Parcel Map to subdivide one (1) existing parcel into two (2) parcels. No new development will take place on the newly created parcel (Parcel 1) or the existing parcel (Parcel 2). The subject site is located at 1151 San Gabriel Boulevard, in the P -D (Planned Development) zone. PC RESOLUTION 15 -13 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 73496 FOR THE SUBDIVISION OF ONE (1) EXISTING PARCEL INTO TWO (2) PARCELS. THE SUBJECT SITE IS LOCATED AT 1151 SAN GABRIEL BOULEVARD, IN THE P -D (PLANNED DEVELOPMENT) ZONE. Staff Recommendation — It is recommended that the Planning Commission ADOPT Resolution No. 15 -13 with findings, and APPROVE Tentative Parcel Map 73496, subject to the 25 conditions of approval. Associate Planner Valenzuela presented the staff report and power point presentation. Chair Tang asked the Planning Commission if there are any questions or comments for staff. Commissioner Eng asked if Parcel 1 is a total lot area of 2.01 acres. Associate Planner Valenzuela replied yes. Commissioner Eng asked if there are any improvements on that portion. Associate Planner Valenzuela replied no, it is vacant. Commissioner Eng asked once this property is subdivided what it will be zoned as and what is allowed to be developed there. Associate Planner Valenzuela replied it is currently zoned as (PD) Planned Development. She explained that for any development wanting to come in, they would have to submit as Planned Development. Community Development Director Ramirez stated based on the surrounding uses it would probably be a housing development. Commissioner Eng expressed that this is at the end of a cul -de -sac, is a small street, and asked if access will be addressed if an application is received. Associate Planner Valenzuela replied yes. Commissioner Eng referred to Condition of Approval number thirteen (13) regarding fencing, read it, and asked if wording should be added, 'To keep and maintain the vacant lot weed free ". Community Development Director Ramirez referred to Condition of Approval number twelve (12) which states the lot should remain weed free. Commissioner Deng commented that there is a drought and asked after the subdivision if there will still be a lawn. Community Development Director Ramirez replied the applicant may address that question and added she believes it will be dirt. Commissioner Dang asked how much street frontage there is and if there is a defined minimum lot width. Associate Planner Valenzuela referred to the power point presentation and replied for the Planned Development the minimum lot width is none. Commissioner Dang asked if there is a minimum lot frontage municipal code. Associate Planner Valenzuela replied for the frontage the minimum is also none. Commissioner Dang stated he brought this up because he wondered if a cul -de -sac would need to be introduced there and if needed, a condition of approval can be added to the staff report. Community Development Director Ramirez explained that you would not want to cul -de -sac this area because will be the access point for a future development. Commissioner Herrera asked what the plans are in the future for this lot. Community Development Director Ramirez replied she thinks the plan is to potentially sell the lot for a future development. She added there have not been any applications submitted to the City. Commissioner Herrera stated this is a small lot and asked if an adjacent property owner may want to purchase to add to their lot size. Community Development Director Ramirez replied possibly. Chair Tang asked staff what the status of the Olsen Company project that was proposed earlier to the City Council for this property. Community Development Director Ramirez replied that they are no longer in escrow with the Olsen Company and the applicant may go into further detail if needed. Chair Tang asked if the property is subdivided prior to the selling of the property, whose responsibility it will be to maintain that property. Community Development Director Ramirez replied Don Bosco still owns this property. Chair Tang stated Orange Street is split with that parcel, there is a building to the left of it, and asked staff what the use is or who owns that building. Associate Planner Valenzuela replied it belongs to the Church. Chair Tang stated he had no further questions and opened the Public Hearing. He invited the applicant to the podium. Xavier Jimenez, President of Don Bosco Technical Institute, Andy Burn, Representing the Archdiocese of Los Angeles, and Javier Jimenez, Board of Trustees stated they are all present to answer any questions the Planning Commission may have. Xavier Jimenez stated a couple of years ago, when the school was accredited, one of the recommendations was for their financials to be within the guidelines of the National Association of Independent Schools. If they sell this property, they can use the proceeds to help with other projects for the school to sustain them. He added they are planning to use the money for capital expenses or any other projects they have in the future. Vice -Chair Lopez commented his sons graduated from Don Bosco Technical Institute, this is an outstanding school and he supports it. Commissioner Deng referred to the drought and weed situation. He asked in the event the lot is sold, is there a language or a clause, that will make sure there is not a decibel situation left that will affect the adjacent neighbors. President of Don Bosco Technical Institute, Xavier Jimenez replied he is not familiar with that language but something can be arranged. Commissioner Deng commented he just wants to make sure everyone understands that that there is an understanding that Don Bosco and the future purchaser of this property will not have a situation (dust and flies) for the adjacent residential neighbors. Commissioner Eng asked if the purpose is to sell the property, is there a time frame. President of Don Bosco Technical Institute, Xavier Jimenez replied not at the moment. He added they would like to sell it as soon as possible. Chair Tang referred to the Olsen Company's presentation to City Council for the potential project of a twenty -one (21) unit housing complex on this parcel and asked what the status of that project is. President of Don Bosco Technical Institute, Xavier Jimenez replied they no longer have any relation with the Olsen Company. Resident Irene C. Muneton requested a plot map to see exactly where this parcel is. Chair Tang requested staff bring the map up on the overhead and asked if Ms. Muneton had any questions 4 Resident Irene Muneton stated most of her questions were answered and she just wanted an idea of where this is located and asked if the zoning of this property will remain the same once it is purchased. City Attorney Murphy explained that this is zoned as P -D (Planned Development) and anyone wanting to develop would have to submit the plan for the development. He added it would be recommended as a planned development or some kind of zone change that is harmonious with what is around. Associate Planner Valenzuela walked resident Irene Muneton through the plot map and showed her the location of the parcel. Chair Tang asked if there was anyone else wishing to speak on this item. None Chair Tang closed the Public Hearing. He asked the Planning Commission if there were any further questions or comments. None Chair Tang commented that after seeing the Olsen Company's proposal, he likes the idea of having a plan in place before the subdivision of the lot. He stated that he understands the need for Don Bosco Technical Institute to subdivide the lot and if they are selling the property anyway, he would like to see it sold with a purpose in hand and in place. He requested if it is not a hindrance could they reach out to developers and come back with a plan in place before subdividing the lot. Community Development Director Ramirez stated that was part of the problem they had with the Olsen Company, figuring who was going to do the subdivision, and pay the fees. She added in discussion with Don Bosco, most developers have spoken have requested the lot be subdivided first, and the City has supported the subdivision of it. Chair Tang stated his only concern is that Orange Street is a really small street and it is a very narrow lot to enter. Community Development Director Ramirez agreed, and stated the City Engineer is present to speak on the subject. She stated that the City Engineer will ensure whoever buys the property meets all requirements and standards. City Attorney Murphy addressed the Planning Commission and stated the City is bound by the Subdivision Map Act, and the owner has a right to subdivide parcels as long as it is consistent with the zoning, which this particular subdivision would be, and as long as there is some sort of access to the street. He explained that Orange Street has a lesser width than a full street width, so any party wanting to use and purchase that parcel would have to take that into account. He stated the findings the Planning Commission needs to make is bound by the subdivision map act and not go down to far imagining what might be on the site. Commissioner Eng addressed City Attorney Murphy and asked if the existing width of Orange Street is less than what is required. City Attorney Murphy replied he does not know that and he will ask the City Engineer, but by just looking at the visual map that has been shown, the access onto the Don Bosco parcel is less than the full width of Orange Street at its turn and miss. 5 City Engineer, Raphael Fajardo stated the existing width is 20 feet; however it can be worked out for 24 feet. He added there will be enough access with 24 feet for egress and ingress. Commissioner Eng asked if the existing is 20 feet and 24 feet is what is required. City Engineer Fajardo replied yes. Commissioner Eng asked if there is a way to configure another 4 feet. City Engineer Fajardo explained that it can be done by relocating the power pole. Commissioner Eng stated she had a follow -up question for the applicant and asked Chair Tang if they may be called back up to the podium. Chair Tang replied yes. Commissioner Eng stated the subdivided parcel will be 2.01 acres and asked the applicant how they arrived at that number and if there is any room to make it larger. Board of Trustee, Javier Jimenez replied it revolves around what the excess parcel is and that aligns up with the fence line of where the extra soccer practice field is. He stated the width and dimensions of it do affect what you can develop there. He stated it's a dimension that works for Don Bosco in terms of what they are giving up and in discussions with potential purchasers it is a good size and that's how they came up with that. Commissioner Eng commented that in your conversations with potential developers, this lot size is a developable lot that will be beneficial to Don Bosco. Board of Trustee, Javier Jimenez replied that is correct. Chair Tang asked if there were any other questions or comments. None Chair Tang asked for a motion. Vice -Chair Lopez made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 15.13 with findings, and APPROVE Tentative Parcel Map 73496, subject to the 25 conditions of approval. Vote resulted in: Yes: Deng, Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated the motion passes 5 -0 and explained the 10 -day appeal process. C. DESIGN REVIEW 14.07 AND ZONE VARIANCE 14 -04 - Alex Ma has submitted a Design Review application for the construction of a six (6) unit two- story, multi - family residential development located at 4117 Walnut Grove Avenue in the R -3 (Medium Multiple Residential) zone. The land use application also includes a request for a Zone Variance for the project to deviate from the minimum lot width standard of 70 feet, as the subject development site has a lot width of 50 feet. PC RESOLUTION 15.14 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 14 -07 AND ZONE VARIANCE 14.04 FOR THE CONSTRUCTION OF A SIX UNIT APARTMENT BUILDING ON A PARCEL OF LAND WITH A LOT WIDTH OF LESS THAN 70 FEET AT 4117 WALNUT GROVE AVENUE IN THE R -3 (MEDIUM MULTIPLE RESIDENTAIL) ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 15.14 and APPROVE Design Review 14.07 and Zone Variance 14.04 with findings, subject to the 35 conditions of approval. City Planner Bermejo presented staff report and power point presentation. Chair Tang asked if there were any questions or comments for staff. Commissioner Dang stated the bottom area is subterranean, and if you look at the section view, on section B, on sheet A 3.01, the structural slab is about 14 inches above grade and asked staff if that is correct. City Planner Bermejo replied yes, and the designer can be asked to confirm. Commissioner Deng asked if the municipal code has a quantified minimum or maximum structural slab. City Planner Bermejo replied the zoning code does not and one of the conditions of approval in the staff report, states they will have to submit structural drawings as well with their drainage and grading into the building check plan process. Commissioner Dang commented that he was curious how much of the structural slab was encroaching into the side yard. Commissioner Eng referred to the development standards, Table 1.0, in the staff report and asked what Bldg. projections (Required 25 ft. front to front) and (Provided is n /a) means. City Planner Bermejo explained that would be applicable when you have two apartment buildings on the site and it is the projections between those two buildings. Commissioner Eng asked so it is the distance. City Planner Bermejo replied yes, and explained this is a single building, so it is not applicable. Commissioner Eng asked if there are other sites with subterranean garages in this area. City Planner Bermejo replied no. Commissioner Eng asked if they are actual garages with garage doors. City Planner Bermejo replied yes, and each garage will have elevated storage spaces to meet the storage requirement. Commissioner Eng asked if there will be a gate to enter the subterranean entrance. City Planner Bermejo replied there is not a gate on the plan currently, and explained those final details usually are submitted during the building plan check process. Commissioner Eng referred to the trash bin locations at the end of the garage and asked if there is enough clearance for the waste disposal trucks. City Planner Bermejo replied as a standard staff routes out the plans and the plans were sent to the waste disposal company to review, but staff did not receive any comments. She explained that scout vehicles, which are smaller, are sent in to pull out the trash bins and large vehicles will not be going back there. Commissioner Eng asked if this project is being proposed as apartments and will not be condominiums. City Planner Bermejo replied yes. Commissioner Eng referred to Condition of Approval number thirty -three (33) regarding the sewer area study, read it to staff, and asked if the impact will be mitigated if an impact is found. City Planner Bermejo replied that is something that Public Works will mitigate. Commissioner Eng asked City Attorney Murphy if a study is submitted and it is determined mitigation is needed or required, should it be clarified in the Condition of Approval. City Attorney Murphy replied no, the standard condition of approval is enforceable and acceptable. Chair Tang stated he is concerned with the lot width and asked what the standard width for a driveway is. He also asked if the plan will condense that required driveway width if it does not meet that requirement. City Planner Bermejo replied for this particular case, the proposed driveway width is proposed at 26 feet, which is greater than or equal to what the Rosemead development standard is and that is for fire department access. She explained the reason why R -3 lots have the standard larger lot width is so you can have vehicle access alongside the building, and not have to go subterranean to meet all the requirements. She added in this particular case they were able to go subterranean, therefore, everything that is above grade is equal to and harmonious to the development. She stated if a single - family home was put on this site it would look out of place. She added the architect has been working with her for over a year on the design so that if fits into the neighborhood, and meets access requirements. City Attorney Murphy addressed the Chair and explained that it has been about a year that this has been going on. He added that one of the things they have looked at months ago is that if City Staff is going to bring, propose, or recommend to the Planning Commission that a variance be adopted, they wanted to have the least amount of variance possible. He stated in order to build this multi - family unit on a trimmed down or too narrow site, and if they were going to recommend a variance, then the developer had to find ways to make everything else work. He explained as the Planning Commission has seen in the charts and staff report there are no other standards asking to be varied. He explained for example, if the developer were not willing to do the subterranean parking, then they would have to find a way to shrink the drive access or else you would then have a very odd, narrow, tall apartments, that would look strange or out of place. Vice -Chair Lopez stated there a lot of condominiums in that area and asked if the water lines will be adequate and if there will not be low water pressure. City Planner Bermejo replied it was circulated to the water purveyor and no issues surfaced Vice -Chair Lopez suggested introducing solar panels for some of these new projects. He stated they would be useful in situations of blackouts and conserve on electric power. He asked if there has been any discussion on using solar panels. City Planner Bermejo replied that the California Building Code has strict energy provisions and staff does not have a specific zoning standard that really allows them to make an adequate condition to recommend these types of things. She added staff can say that this is a brand new structure and the Building Division looks at everything from water and energy conservation. She added the applicant has gone through a tough process already, so staff does not think this would be an adequate time to request solar panels. Vice -Chair Lopez asked if the applicant requested to install solar panels, would that be allowed. City Planner Bermejo and Community Development Director Ramirez replied yes, solar panels are allowed. Vice -Chair Lopez commented he just wanted to make sure that solar panels are allowed and he was not requesting it be a condition for this project. He recommended it should consider for in the future as the City continues to grow. Commissioner Dang asked staff what the standard minimum depth for a standard parking stall and is it 18 feet. City Planner Bermejo replied yes. Commissioner Dang referred to the storage space in the garage above the car and calculated the dimensions of space and asked for clarification. City Planner Bermejo stated that each garage will have 240 cubic feet and that she does not have the exact dimensions but the applicant is present and may clarify what the dimensions are. Chair Tang opened the Public Hearing and asked the applicant to the podium. Applicant Alex Ma, stated he is the designer of this project and gave a brief summary of what the project entails. He asked the Planning Commission if they had any questions. Commissioner Dang discussed the dimensions of the garage, storage, and recommended that the garage door be moved 3 feet back into the driveway, so as larger vehicles may fit into the garage and not be damaged. Applicant Alex Ma, stated that he just finished a similar project on Ramona and a car is usually 17 -18 feet long and for the front bumper they allow 3 feet and 6 feet in height. He referred to the set -back area, commented that people enter the basement slowly, and that there is a gate to the entrance of the basement area but it is not on the plans. Commissioner Dang stated he was not referring to residents speeding but he is concerned that some vans will not fit into the garages. Applicant Alex Ma replied the City requires 20 feet for garage's and big vans will not be able to park in it, but residents will know that. Commissioner Dang referred to the exhibit "Sheet A 30.1" and asked if the driveway final vertical clearance is 7 foot as shown on the exhibit on the south elevation, Applicant Alex Ma explained an Engineer is still needed to do the slope and they currently designed the 7 foot because that is only outside for the base area. He described the dimensions for the inside slope. Commissioner Deng asked if he will have 8 feet. Applicant Alex Ma stated at the minimum he will need 8'6" for the basement area and including the fire sprinkler. Commissioner Dang stated for clarity the engineer will be asked to take this into account when he asked to do the structural design. He recommended using 82" because that is the minimum for a handicap van and you will need a handicap van to go in there. He added you will clear the fire sprinklers and sewer lines, so it will be 82" plus another 12 inches. He explained the reason he brought up dimensions is because if they are not correct, there will be ramifications, and you may have trouble with the fire department because fire trucks may not have access. Applicant Alex Ma stated he will be careful with the height and will use a structural engineer or civil engineer to do the dimensions. Commissioner Dang stated he applauds the design and to be careful how much is popping out because it will affect the side neighbors. He also commented that the handicap lift is on the outside exposed to the element and asked if there is a reason why it is not placed inside the canopy. He recommended it is best if it is kept inside the canopy for maintenance purposes, weather, and to protect it. Applicant Alex Ma agreed to move it under the canopy. Commissioner Dang requested to see the ceramic tile on number seven (7) and asked if there was a sample. Applicant Alex Ma replied he only has the color board. Commissioner Deng commented that he has seen beautiful Spanish style tiles with multi - colors and those are the Spanish tiles he envisioning not Sausalito type styles placed on the face. He stated that he applauds the applicant for taking on this site it's very challenging and difficult to do a development on narrow lots. He added the fact that a subterranean structure is being developed is costly, so he applauds the applicant for taking on the endeavor and taking a vacant land and trying to make something much more pleasant. He stated he is a fan of the Spanish architect and it goes well with any neighborhood. He recommended the Spanish style guard rail be run vertical because it will prevent kids from climbing on them. Commissioner Herrera referred to the subterranean parking and asked what is done for water intrusion. Applicant Alex Ma replied a septic tank will be installed to pump water out. Commissioner Herrera commented the only challenge she sees with it being a narrow lot is that units are being downsized. She stated everything else looks in place and it looks beautiful. Commissioner Dang stated he did not see mailbox elevations and asked where they will be located Applicant Alex Ma replied they will be in the front, close to the gas meter area. Commissioner Deng asked if the mailboxes will have similar architecture to mimic the Spanish style Applicant Alex Ma replied yes. 10 Commissioner Deng commented he supports City Planner Bermejo's idea of the bigger planter in front. He added if they put a bigger planter they can put a tree to help block the building mass. Commissioner Eng referred to the gate at the entrance of the garage and asked if it will be a sliding gate. Applicant Alex Ma replied no, and explained there is not any room for sliding. Commissioner Eng stated she shares Commissioner Dang's gratitude and applauds Alex Ma for taking the effort and working with staff. She added it is a nice project and she appreciates the insight that Commissioner Deng looked into in terms of long term, of someone being disabled, his sensitivity of having coverage of disabled - parking. Chair Tang referred to Commissioner Dang's question regarding the subterranean garage parking. He asked if there is adequate room to park a van given there is a 3' area for storage. Applicant Alex Ma replied that usually the City request storage. He explained that he has developed another 6 -unit complex on Ramona Blvd., with the same design and cars can park in the garage. Chair Tang asked if there are any other alternatives in regards to storage other than in the garage. City Planner Bermejo replied the code requires that each unit have a single area of 240 cubic square feet. Chair Tang asked if it necessarily has to be in the garage. City Planner Bermejo replied it does not, but it needs to be in a single area. Applicant Alex Ma replied the only place it can be placed is in the garage because the units are too small. Chair Tang called speaker request Mike Dicesare to the podium. Mike Dicesare stated he is the property owner of 4111 Walnut Grove, just south of the projected project. He stated he is happy about this project, is glad something is being built on this vacant lot, and applauds the project. He expressed his concerns are as the property owner of 4111 Walnut Grove (which are 4 -units with single - family detached units, with residents that have lived there for 25 years) by building a cinder block wall on the south side of the project would create two issues. He stated one is that it will be an ugly wall and the aesthetics part of it does need to be taken into account. He stated the units on the south all face north so when they walk out and the first thing that they will see is this 6 ft. wall. He referred to the platform that may be added and stated that will make the wall taller. He recommended a smaller wall be built and be made of wood so it is not so ugly. He stated is other issue is the fire aspect of this, currently there is a front unit that is facing Walnut Grove and there is about a 10 ft. driveway that leads to the back of the other units and if a wall is built there he expressed that a fire truck may not be able to get to their side to the units in the back. He stated they are only going to have 10 feet to get back there and currently there is a chain link fence that separates the two properties. He recommended a smaller wall in the front and expressed concern over the fire issue for his tenants and if his back unit catches fire he is not sure a fire truck can get back there. He expressed his third concern is the variance. He asked that his concerns be taken into consideration and if the Planning Commission has any questions he would be happy to answer them. Chair Tang referred to Mr. Dicesare's concerns about the block wall and asked if a rod iron fence would be acceptable. Mike Dicesare replied yes, just as long as it is aesthetically pleasing. Community Development Director Ramirez stated it meets with staff approval as long as the applicant is agreeable 11 Commissioner Dang asked for clarification and asked if that was 6 feet from Alex Ma's side or is it 6 feet from the neighbor's side. Community Development Director Ramirez stated it is 6 feet from the lowest property point. Applicant Alex Ma stated sometimes the grading is too high, but he will still need 6 feet from the neighbor. He explained the fencing can be cinder block on the bottom and have rod iron on top. Commissioner Dang asked if the rod iron will be vertical. Applicant Alex Ma replied yes. Chair Tang asked staff if a condition of approval should be added. City Attorney Murphy replied the best way to do this is to utilize Condition of Approval number seven (7) and read it, he stated staff should add to that "including but not limiting to minor changes to; A. Shield the access lift from exposures to the elements and B. Modify the proposed fence on the south side of the property to a rod iron rather than a block wall fence ". He added if there is anything else that may come up it can be added there because they will be minor changes that the Planning Commission has directed and so staff can make those changes to the plans without having to go into depth with new conditions. Resident Brian Lewin thanked the applicant for doing something with this property and he does like what he has seen so far. He stated he appreciates the interlocking brick work that is being done in the entry way, and it will allow some rainwater infiltration. He asked if the lot is engineered so that the rainwater will infiltrate to the back to the garden area or will it have a sump pump to pump the water back out into the street. Commissioner Lopez referred to the septic tank and commented that should take care of all those issues. Resident Brian Lewin stated that addressed Commissioner Herrera's question regarding the parking structure. He stated that water boards and other entities want to retain the water on site, they do not want it sent back out into the street, and with underground parking structures you do not have much choice. He stated he is referring to the surface of the property and asked when rainwater falls will it flow to the back area where the garden is and infiltrate in, or is designed to retain the water on site, so you don't have all that stuff being pumped out front from the site. He stated if it is engineered to stay on site it will keep it consistent with Cities LID Ordinance and Water Boards wishes per NPDES Permit. He stated his second question is will any of these units be low- income units. Applicant Alex Ma explained that rainwater will flow to the back -yard. He stated the building itself will remain level but the walk -ways and side -yards can be sloped to help this issue. Commissioner Eng asked if the lot currently slopes north. Applicant Alex Ma replied no, the lot currently is flat. Chair Tang reminded Alex Ma of the previous question and asked if any of the units will be low- income units. Community Development Director Ramirez replied no. Commissioner Dang referred to the LID Ordinance and explained the requirement is that a portion of the water is required to percolate back into the ground. He explained in developments like this, typically the Civil Engineer will collect the water into a pit, from that pit it will get ejected into percolation tank, and then goes into an overflow tank, 12 and then goes into the street. He added that is how they resolve and mitigate the LID requirement. He explained that it is designed to hold a certain amount of rainwater after that if the capacity has exceeded, for example extensive El Nino rain storm, it then it goes into a holding tank and from there it will go into the streets. Chair Tang thanked Commissioner Deng and asked if there were any other questions or comments from the public. None Chair Tang closed the Public Hearing and asked if the Planning Commission had any further comments or questions. Commissioner Dang asked if the discussion will be incorporate the rod iron railing running vertical instead of horizontal. Community Development Director Ramirez stated the applicant has also agreed to that recommendation and it will be incorporated into Condition of Approval number seven (7). Commissioner Dang stated the Spanish the was also discussed and the applicant stated he was receptive to that agreement also. He asked the applicant if he is agreeable to the Spanish tiles. Applicant Alex Ma replied yes. He requested samples from Commissioner Dang and asked where he could purchase them. Community Development Director Ramirez recommended that Commissioner Deng send the samples to staff and staff can then direct them to the applicant. Commissioner Dang reminded the applicant if the planter could be larger. City Planner Bermejo stated that is included in Condition of Approval number seven (7) also. Chair Tang asked the Planning Commission if there were any other questions or comments. None Chair Tang asked for a motion. Vice -Chair Lopez made a motion, seconded by Commissioner Herrera Commission ADOPT Resolution No. 15 -14 and APPROVE Design Review 14 -07 and Zone Variance 14.04 with findings, subject to the 35 conditions of approval. Vote resulted in: Yes: Dang, Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated the motion passes 5 to 0 and explained the 10 -day appeal process. 4. CONSENT CALENDAR 13 A. Minutes of 8.17.15 Vice -Chair Lopez made a motion, seconded by Commissioner Dang, to approve the Minutes of 8.17.15 as presented. Vote resulted in: Yes: Dang, Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: None 5. MATTERS FROM STAFF Community Development Director Ramirez announced the date, time, and location of the Public Safety Connections meeting and the Fall Fiesta. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Herrera referred to a house located on the Northeast corner of Muscatel Avenue and Marshall that had a renovation addition, and stated the existing part of the house remained old wood. She stated it is like mixing the old with the new. She asked why it is allowed that the new renovation can be made with the old remaining intact. Community Development Director Ramirez stated under the old code it could happen and explained that is one of the things that changed with the new code. Commissioner Herrera expressed concern that it is a fagade and it should be consistent with the aesthetics of the exterior. She asked if it is possible to send a notification that it has been brought to the attention of City Hall regarding this concern. Community Development Director Ramirez stated it can be looked into and staff will check to see if it was possibly a code violation case. Commissioner Herrera stated she is not sure if this is a violation but it would be a big improvement if it was addressed. She added a picture of the home was sent to her also. Community Development Director Ramirez requested the picture be sent to her and so she can look up the address. Commissioner Dang referred to the "Rosemead Place Shopping Square" and reported the light on the rose petal is not lit in the sign next to the 1 -10 Freeway. Community Development Director Ramirez stated she will address this concern. Commissioner Dang stated that there is an auto repair business on Glendon Way and Rosemead Boulevard where there is a pile of roof debris. Community Development Director Ramirez stated she has already requested a "CRM' for that concern. Vice -Chair Lopez asked staff who takes care of the maintenance of Savannah Cemetery. Community Development Director Ramirez replied it is a non - profit organization and it is not the City of Rosemead. 14 Vice -Chair Lopez recommended that it be cleaned up Community Development Director Ramirez replied the Beautification Committee has been working with Savannah Cemetery helping them clean it up. Mayor Pro -Tern Armenta and Beautification Committee member reported from the audience, that it is the under the El Monte Cemetery Association and that they are letting the grass die out in preparing for new landscaping. She announced on April 30, 2016 there will be a massive beautification project and fair where the public will be asked to volunteer beautifying the cemetery. She encouraged everyone to please show up and help. Commissioner Deng asked if the Rosemead High School require students to do voluntary service. Mayor Pro -tern Armenta and Beautification Committee Member replied they are the ones that come out and help them and they receive school issued service hours. She stated the Key Club and San Gabriel High students also help out. He commented that due to the drought everyone's lawns are turning brown and what he has been doing is timing the weather and recommended the day before it rains sprinkle some Scott's Summer Guard and it helps turn the lawn green again. Further discussion regarding Beautification and lawn concerns were made from the audience. Not all was audible. Chair Tang requested the signal lights be synchronized on the North /South corridor on San Gabriel Boulevard and Garvey Avenue due to construction being done at the Public Safety facility by Edison Co. He stated usually he receives notification of street closures, but he did not receive any notification for this specific project. Community Development Director Ramirez stated if the City is aware of it, then an a -alert is sent out. She added she will check and see if the City received notification. r7�Ie1 �1tL�I►1:1�I i'il �I�II I Chair Tang adjourned the meeting at 8:47 p.m. The next regular Planning Commission meeting will be held onAnday, October 5, 2015, at 7:00 p.m. John Chair ATT ST: Rachel Lockwood Commission Secretary 15