Loading...
PC - Minutes - 11-02-15 Minutes of the PLANNING COMMISSION MEETING November 2,2015 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-Vice-Chair Lopez INVOCATION-Commissioner Herrera ROLL CALL-Commissioners Dang, Eng, Herrera,Vice-Chair Lopez and Chair Tang 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney, Kane Thuyen presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. PUBLIC HEARINGS A. TIME EXTENSION FOR TENTATIVE TRACT MAP 63609 - On November 20, 2006, the Planning Commission initially approved Tentative Tract Map 63609 for the subdivision of three (3) parcels into seven (7) parcels for the development of six (6) new single-family residences. The approval period was for two (2) years with an expiration date of November 20, 2008. Since the approval of the project, the California State Legislature had passed bills which automatically extended the expiration dates of tentative maps in 2008, 2009, 2011, and 2013. The City Engineer has prepared a memorandum (attached as Exhibit "B"), which indicates the time extension granted by local ordinances and State bills. On September 16,2015,the Planning Division received an extension request from the applicant to extend the approval period for one(1)additional year,in order to facilitate the finalization of the map. According to the applicant's letter (attached as Exhibit "C"), they were unable to complete the project due to financial hardship. They are now financially prepared to construct the project and will begin to resubmit their building plans to the Building and Safety Division. This will also give their tenants a few months to relocate. The original Tentative Tract Map and Planning Commission Staff Report, dated November 20, 2006 has been attached as Exhibit"D and E"for reference. PC RESOLUTION 15-19 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING A ONE (1) YEAR EXTENSION FOR TENTATIVE TRACT MAP 63609, A REQUEST FOR THE SUBDIVISION OF THREE (3) PARCELS INTO SEVEN (7) PARCELS, FOR THE DEVELOPMENT OF SIX (6) NEW SINGLE-FAMILY RESIDENCES, LOCATED AT 8440-8446 DOROTHY STREET, IN THE P-D (PLANNED DEVELOPMENT) ZONE(AIN:5288-003-040,041,AND 042). Staff Recommendation -Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 15-19 (Exhibit "A") and APPROVE Tentative Trace Map 63609(Extension)with findings,subject to nine(9)conditions of approval outlined. 1 Associate Planner Valenzuela presented the staff report. Chair Tang asked the Planning Commission if there were any comments or questions for staff. Commissioner Eng asked if this project is a PUD with HOA and not a flag lot development. Associate Planner Valenzuela replied it is a planned development with single-family homes. Commissioner Eng stated there was a zone change and asked if it was specific for this projector for the area. Associate Planner Valenzuela replied it is project specific. Commissioner Eng addressed the City Attorney and stated this application began in"2006"and there have been significant changes in the zoning regulations and design standards. She asked it the Planning Commission can request the applicant to update their plans to conform to today's zoning regulations and design standards. City Attorney Thuyen explained that the development standards and uses are the ones that are in effect at the time of the application. He added the reason why this application has been around since "2006" and has been extended is because of a legislative policy by the Governor to address the economic down turn to make sure that development does not die off because of the recession. He stated as far as the discretion on terms to denying or limiting this Tentative Tract Map Extension it is a very limited procedure and if the Planning Commission would like to do that, then there would have to be specific findings, including findings that would not be consistent with the General and Specific Plan and to make sure to insert those findings into the record. Commissioner Eng stated the reason she asked is because Condition of Approval number nine (9)does require for an updated Geotechnical and Engineering Geology report. She referred to the Negative Declaration which is dated "2005"and asked if it is still valid and it there is an expiration date. Associate Planner Valenzuela replied yes, it is still effective. She explained for this project only,staff is only looking at the Tentative Tract Map, so they were able to exempt just this extension. City Attorney Thuyen explained that this item is limited to the action of the Tentative Tract Map and whether to extend it. Commissioner Herrera asked how many extensions can be requested and if there is a limit. Associate Planner Valenzuela replied the State has given all the extensions due to the economy. She added after staff discussed this application with the City Engineer they found it reasonable to grant a one(1)year extension. Chair Tang asked if there is a cap on the number of extensions that the applicant can request. Associate Planner Valenzuela replied that the applicant can always request another extension, but the applicant has stated in a letter to the City,that he is ready to proceed with this project. Commissioner Dang asked if it would require one(1)acre to build a planned community today. Associate Planner Valenzuela replied yes. Commissioner Dang stated so the fact that this is .98 acre's, and asked if it is his understanding that this is vested since 12005". 2 Associate Planner Valenzuela explained the applicant had applied for a Zone Variance to variant from that.98 acre. Commissioner Dang asked it the front yard measurement of 15 feet is measured from Dorothy Street and where does he find the 15 feet front yard. Associate Planner Valenzuela replied the 15 feet is measured from the front property line,not from the street itself. Commissioner Dang referred to the site plan and stated he sees a bearing and that is typically the property line and it is not dimensioned. He commented the dimension area is missing. Associate Planner Valenzuela explained this is the tract map itself and the site plan does have all the dimensions. Commissioner Dang asked if the site plan will mimic the tract map. Associate Planner Valenzuela replied yes,and will show all the setbacks that were approved. Commissioner Dang stated just for clarity the 15 feet front yard is missing from that dimension. Associate Planner Valenzuela asked from the tract map. Commissioner Dang replied yes, he does not see it and perhaps the applicant would like to point it out. Associate Planner Valenzuela asked which lot he is referencing. Commissioner Dang replied Lot One(1)parallel to Dorothy Street. Associate Planner Valenzuela stated it is just not dimensioned, but it is on the site plan. Chair Tang opened the Public Hearing and invited the applicant to the podium. Applicant Hubert Trieu stated he is the owner of the property. Commissioner Eng asked if the construction of this development will start and how long will the construction take. Applicant Trieu replied construction will take place and it will take about 1-1/2 years. Commissioner Eng asked if the existing units are currently rentals. Applicant Trieu replied yes. Commissioner Eng asked it the intension is to sell the units once they are developed. Applicant Trieu replied he intends to sell five(5)units and maybe keep one(1)unit. Commissioner Eng commented the staff report states financing is in place for the development. Applicant Trieu explained that financing is still being processed and the bank is waiting for the final approval of the Tentative Tract Map Extension. 3 Commissioner Eng stated the bank needs the extension approved before financing and asked if the one (1) year extension will be sufficient time to get everything in place. Applicant Trieu replied yes. Commissioner Eng asked how long will it take for the financing to take place. Applicant Trieu replied three(3)to six(6) months. Chair Tang asked if there were any further questions or comments. None Chair Tang closed the Public Hearing and asked for a motion. Vice-Chair Lopez made a motion, seconded by Commissioner Herrera, to approve ADOPT Resolution No. 15-19 and APPROVE Tentative Trace Map 63609 (Extension)with findings, subject to nine (9) conditions of approval outlined. Vote resulted in: Yes: Dang, Eng, Herrera, Lopez,and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated the item passes with a 5 to 0 vote and explained the 10-day appeal process. B. CONDITIONAL USE PERMIT 15-06 - Tantawan Inc., doing business as Tantawan Thai Kitchen, has submitted a Conditional Use Permit application requesting approval for a new On-Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment, located at 9000 Garvey Avenue, Units C&D, in the C-3 MUDO-D (Medium Commercial with a Mixed Use: Residential/Commercial and Design Overlay)zone. PC RESOLUTION 15-18 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 15-06, A REQUEST FOR APPROVAL FOR A NEW ON-SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING ESTABLISHMENT. THE SUBJECT SITE IS LOCATED AT 9000 GARVEY AVENUE, UNITS C&D,IN THE C-3 MUDO-D(MEDIUM COMMERIAL WITH A MIXED USE: RESIDENTIAUCOMMERCIAL AND DESIGN OVERLAY)ZONE(AIN: 5282-026-047). Staff Recommendation- Based on the analysis and findings contained in this report, it is recommended that the Planning Commission ADOPT Resolution No. 15-18(Exhibit"A")and APPROVE Conditional Use Permit 15-06 with findings,subject to twenty-five(25)conditions of approval. Associate Planner Valenzuela presented the staff report. Chair Tang asked if the Planning Commission had any questions or comments for staff. 4 Commissioner Eng expressed that the ABC Map included in the staff report was not legible and requested that in the future it be legible. She referred to the staff report which states there are two(2)establishments with Type(41)ABC licenses currently in this census tract and asked which establishments are they. Associate Planner Valenzuela replied one is"Pha Boga" in the City of Rosemead and the second one is a restaurant in the City of South El Monte. Commissioner Eng commented that is a large census tract and asked what the concentration of Type (41) ABC licenses in the near proximity of this census tract. Associate Planner Valenzuela replied she does not have that information available. Commissioner Eng asked if there had been any significant violations related with the previous ABC Type (41) licenses issued in the years of'1987 and 2000". Associate Planner Valenzuela replied no. Commissioner Eng referred to Condition of Approval number twenty-five (25) and requested the word "should" be replaced with the word"shall". Vice-Chair Lopez asked if the City is able to approve additional ABC licenses within census tracts in the City of Rosemead if they are not to close in proximity when ABC has already indicated that the census tract has reached it's max. Community Development Director Ramirez replied yes, and that is why it comes before the Planning Commission. Vice-Chair Lopez commented that the proximity did not seem that close to each other for the two (2) establishments with current Type (41)ABC licenses. Associate Planner Valenzuela explained that ABC establishes the census tracts and it could be in a different city and does not have to be within one city. Commissioner Eng commented that is why she appreciates the ABC Map because it is helpful and gives an aerial view of the proximity of current Type(41)ABC licenses. Chair Tang opened the Public Hearing and invited the applicant to the podium. Representative Suwimol Li stated she is present to answer any questions the Planning Commission may have. Commissioner Eng stated she is a frequent customer to this establishment and asked if the establishment is open every day from 10:00 am to 10:00 pm and what are the set hours of when alcohol is served. Representative Suwimol Li replied they will sell it all day. Chair Tang asked what type of training do their employees receive in the serving of alcohol. Representative Suwimol Li replied she will be training the employees and gave examples of what they will be taught. Chair Tang asked if the protocols are currently in place. 5 Representative Suwimol Li replied yes, and explained employees will check I.D's and posters will be posted stating "No Drinking and Ddving". Chair Tang thanked the representative and closed the Public Hearing. He asked the Planning Commission if there were any further comments or questions. Commissioner Eng asked if the recommendation to change the word "should" to "shall" in Condition of Approval number twenty-five(25)is agreeable. Community Development Director Ramirez replied staff is agreeable. Chair Tang stated the change will be made and asked the Planning Commission for a motion. Vice-Chair Lopez made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 15-18 and APPROVE Conditional Use Permit 15-06 with findings, subject to twenty-five (25) conditions of approval. (Revision to Condition of Approval number twenty-five(25) was made by the Planning Commission on 11-2- 15). 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 A. Minutes of 10-19-15 Vice-Chair Lopez made a motion, seconded by Commissioner Herrera,to approve the Minutes of 11-2-15 as presented. 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 O. 5. MATTERS FROM STAFF None 6 6. MATTERS FROM THE CHAIR&COMMISSIONERS Vice-Chair Lopez stated Veteran's Day is in November and he would like to thank the veterans for their service. He added this is American Indian Heritage month and announced the time,date,and location of an upcoming Pow-Wow. He invited all to attend and enjoy the tribal dancers,food, and entertainment. Commissioner Herrera commented that the "Trunk or Treat" celebration was a success, had a great turn-out, and was enjoyed by all. She asked the status of the project on Delta Avenue and Valley Boulevard. Community Development Director Ramirez replied that project is ready to request a final inspection. Commissioner Herrera stated she will not be present at the November 16, 2015 Planning Commission meeting. 7. ADJOURNMENT Meeting adjourned at 7:27 p.m. The next regular Planning Commission meeting will be held on Monday, November 16,2015,at 7:00 p.m. . rIOCUT John Tang Chair Rachel Lockwood Commission Secretary 7