PC - Item 3A - Modification 16-01 4
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9 ° ROSEMEAD PLANNING COMMISSION
®� STAFF REPORT
CIVIC PRIDE
/ryCORPORATED,o''
TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JUNE 20, 2016
SUBJECT: MODIFICATION 16-01
705 SAN GABRIEL BOULEVARD
Summary
TSW Investment LLC doing business as Fairfield Inn and Suites by Marriott has
submitted a Modification application requesting to modify Conditional Use Permit 15-08
from an Off-Sale Beer and Wine (Type 20) ABC license to an On-Sale General
Restrictive Service (Type 70) ABC license at a corner market located within the hotel.
The modification is required by the California Department of Alcoholic Beverage Control
for onsite consumption. The subject site is located at 705 San Gabriel Boulevard (APN:
5271-002-066) in a C-3 (Medium Commercial) zone.
On March 7, 2016, the Planning Commission approved Conditional Use Permit 15-08
for a new Off-Sale Beer and Wine (Type 20) ABC license at a corner market located
within the hotel. The Planning Commission Staff Report, Planning Commission
Resolution 16-02, and Meeting Minutes are attached as Exhibits "B," "C," and "D",
respectively. On Junel, 2016, the Planning Division was contacted by the--California
Department of Alcoholic Beverage Control (ABC) indicating that the license type must
be modified to an On-Sale General Restrictive Service (Type 70) ABC license, which
authorizes the sale or furnishing of beer, wine, and distilled spirits for consumption on
the premises to the establishment's overnight transient occupancy guests or their
invitees.
Apparently, through the State application process, the applicant and ABC had some
miscommunication on the type of license needed to consume alcohol onsite. For this
reason, the applicant is only requesting to modify their ABC license type. All business
operations, security measures, and employee training measures will remain as
approved by Conditional Use Permit 15-08. The Planning Division and Public Safety
Department have no objection to this request.
Planning Commission Meeting
June 20,2016
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Environmental Determination
Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts
projects that consist of inspections to check for the performance of an operation, or the
quality, health. and safety of a project from environmental review. Accordingly,
Modification 16-01 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA guidelines and therefore exempt from further environmental analysis.
Staff Recommendation
It is recommended that the Planning Commission ADOPT Resolution No. 16-07 with
findings (Exhibit "A"), and APPROVE Modification 16-01 subject to the 21 conditions of
approval outlined in Attachment "A" attached hereto.
Municipal Code Findings
Rosemead Municipal Code (RMC) Section 17.132.040 states that a Conditional Use
Permit may be issued only after a public hearing before the Planning Commission.
Furthermore, all of the following findings shall be made by the Planning Commission in
conjunction with the approval of a Conditional Use Permit:
A. Approval of the application will not be or incompatible or injurious to other properties
or land uses in the vicinity or create conditions materially detrimental to the public
health, safety and general welfare;
A hotel has been operating at the subject site since 1984. The applicant has
incorporated a 52 square foot corner market within the Fairfield Inn & Suites by
Marriott for hotel guests only. Specific conditions of approval have been incorporated
herein to deter regular alcohol related incidents from occurring. These conditions
include maintaining a 24-hour video surveillance recording system, maintaining good
lighting during hours of darkness, displaying alcohol away from the corner market's
entrance, limiting the sale of alcohol to registered hotel guests only from 7:00 a.m.
until 11:00 p.m., and limiting single can beer to a container size up to 24 ounces
maximum.
In addition, after reviewing the crime statistics over the last two (2) years, the Chief
of Police has no objection to the request. Although the store is located within a high
crime area and near a major freeway (California State Route 60), the Chief of Police
has indicated that there are no noted concerns associated with the business
obtaining a beer and wine license to complement their store. In addition, the front
desk employees at the Fairfield Inn & Suites by Marriott will undergo Training for
Intervention Procedures (TIPS®) training. TIPS is a dynamic, skills-based training
program designed to prevent intoxication, drunk driving and underage drinking by
enhancing the fundamental "people skills" of servers, sellers and consumers of
alcohol. TIPS give individuals the knowledge and confidence they need to recognize
potential alcohol-related problems and intervene to prevent alcohol-related tragedies
(http://gettips.com/).
Planning Commission Meeting
June 20,2016
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Therefore, the incidental off-site sales of beer and wine would not be detrimental to
the health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood.
B. The use is consistent with the General Plan;
The proposed use is located within an established commercial district of the City,
and is designated Commercial in the General Plan. Land Use Goal 2 of the General
Plan aims to expand opportunities for concentrated commercial and industrial uses
that contribute jobs and tax revenues to the community.
C. The use is consistent with the provisions of this Zoning Code;
The proposed modification is for an On-Sale General Restrictive Service (Type 70)
ABC license at a 52 square foot corner market within the Fairfield Inn & Suites by
Marriott. The proposed use has been analyzed and staff has determined that the
proposed use meets all the applicable sections of the Rosemead Municipal Code
and will complement the existing uses, based on the submitted plans and Conditions
of Approval outlined in Attachment "A".
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act;
Section 15309 of the California Environmental Quality Act (CEQA) guidelines
exempt projects that consist of the inspections to check for the performance of an
operation, or quality, health, or safety of a project. Accordingly, Modification 16-01
is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of
CEQA.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district; and
The applicant is requesting a modification for an On-Sale General Restrictive
Service (Type 70) ABC license at a 52 square foot corner market within the Fairfield
Inn & Suites by Marriott and upon approval as conditioned, will comply with such
conditions as set forth in Modification 16-01.
F. In addition to the findings for the approval of a Conditional Use Permit, Section
17.30.040.E.2 of the Rosemead Municipal Code further states that prior to approval
of a new permit for an alcohol sales establishment, the Planning Commission shall
find that the use is consistent with the purpose and intent of Section 17.30.040
(Alcohol Beverage Sales). This finding shall be in addition to the findings required by
Chapter 17.132 (Conditional Use Permits). In making this required finding, the
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June 20,2016
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Planning Commission shall consider the following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City;
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools. other
similar uses, and any uses that attract minors.
ABC has also determined that this location is located in a high crime reporting
district. The average number of offenses per reporting district in the City is 213.4.
The total number of offenses in the reporting district is 305. After reviewing the
crime statistics over the last two (2) years, the Chief of Police has no objection to the
request. Although the store is located within a high crime area and near a major
freeway (California State Route 60), the Chief of Police has indicated that there are
no noted concerns associated with the business obtaining a beer and wine license to
complement their store
There are no existing schools, parks, or places of religious worship within 1,000 feet
of the project site. The closest school to the subject property is Don Bosco
Technical Institute, located at 1151 San Gabriel Boulevard. The nearest park is
Triangle Park, located at the northeast corner of Walnut Grove Avenue and San
Gabriel Boulevard. The closest church is Evergreen Baptist Church, located at 1255
San Gabriel Boulevard. Given that there are no schools, parks, or churches located
within 1,000 feet of the site, staff feels that this use is consistent with the surrounding
commercial properties and existing land uses in the general area, with no
foreseeable negative impacts to the adjacent neighborhood or adjoining properties.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300-foot radius public hearing notice to 25 property owners, publication in the
Rosemead Reader on June 2, 2016, and postings of the notice at the six (6) public
locations and on the subject site.
Planning Commission Meeting
June 20,2016
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Prepare. by: Submitted by:
erio Aity
Lily T. Valenzuela Michelle Ramirez
City Planner Community Development Director
EXHIBITS:
A. Planning Commission Resolution No. 16-07 with Attachment"A" (Conditions of Approval)
B. Planning Commission Staff Report, dated March 7, 2016
C. Planning Commission Resolution No. 16-02, dated March 7. 2016
D. Draft Planning Commission Minutes, dated March 7, 2016
E. Map of ABC Licenses
Planning Commission Meeting
June 20,2016
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EXHIBIT "A"
PC RESOLUTION 16-07
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING MODIFICATION 16-01 FROM AN OFF-SALE BEER AND
WINE (TYPE 20) TO AN ON-SALE GENERAL RESTRICTIVE SERVICE
(TYPE 70) ABC LICENSE AT A CORNER MARKET LOCATED WITHIN
THE FAIRFIELD INN & SUITES BY MARRIOTT. THE SUBJECT SITE
IS LOCATED AT 705 SAN GABRIEL BOULEVARD (APN: 5271-002-
066) IN A C-3 (MEDIUM COMMERCIAL) ZONE.
WHEREAS, on June 6, 2016, TSW Investment LLC submitted a Modification
application requesting to modify Conditional Use Permit 15-08 from an Off-Sale Beer
and Wine (Type 20) ABC license to an On-Sale General Restrictive Service (Type 70)
ABC license at a corner market located within the Fairfield Inn & Suites by Marriott. The
subject site is located at 705 San Gabriel Boulevard in the C-3 (Medium Commercial)
zone; and
WHEREAS. Section 17.30.040(E)(2) of the Rosemead Municipal Code allows
the approval of off-sale alcohol licenses upon the granting of a Conditional Use Permit
by the Planning Commission and sets criteria required for granting such a permit; and
WHEREAS. Sections 65800 & 65900 of the California Government Code and
RMC Section 17.132.040 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or disapprove a conditional use permit
application; and
WHEREAS, on June 2, 2016, 25 notices were sent to property owners within a
300-foot radius from the subject property, notices were posted in six (6) public locations
and onsite, and published in the Rosemead Reader (specifying the availability of the
application, plus the date, time, and location of the public hearing for Modification 16-01;
and
WHEREAS, on June 20, 2016, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Modification
16-01 ; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
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June 20,2016
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SECTION 1. The Planning Commission HEREBY DETERMINES that
Modification 16-01 is Categorically Exempt under Section 15309 of the California
Environmental Quality Act (CEQA) guidelines exempt projects that consist of the
inspections to check for the performance of an operation, or quality, health, or safety of
a project. Accordingly, Modification 16-01 is classified as a Class 9 Categorical
Exemption pursuant to Section 15309 of CEQA.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving Modification 16-01 in accordance with Sections
17.132.040 and Section 17.30.040(E)(2) of the Rosemead Municipal Code as follows:
A. Approval of the application will not be or incompatible or injurious to other properties
or land uses in the vicinity or create conditions materially detrimental to the public
health, safety and general welfare:
A hotel has been operating at the subject site since 1984. The applicant has
incorporated a 52 square foot corner market within the Fairfield Inn & Suites by
Marriott for hotel guests only. Specific conditions of approval have been incorporated
herein to deter regular alcohol related incidents from occurring. These conditions
include maintaining a 24-hour video surveillance recording system, maintaining good
lighting during hours of darkness, displaying alcohol away from the corner market's
entrance, limiting the sale of alcohol to registered hotel guests only from 7:00 a.m.
until 11:00 p.m., and limiting single can beer to a container size up to 24 ounces
maximum.
In addition, after reviewing the crime statistics over the last two (2) years, the Chief
of Police has no objection to the request. Although the store is located within a high
crime area and near a major freeway (California State Route 60), the Chief of Police
has indicated that there are no noted concerns associated with the business
obtaining a beer and wine license to complement their store. In addition, the front
desk employees at the Fairfield Inn & Suites by Marriott will undergo Training for
Intervention Procedures (TIPS®) training. TIPS is a dynamic, skills-based training
program designed to prevent intoxication, drunk driving and underage drinking by
enhancing the fundamental "people skills" of servers, sellers and consumers of
alcohol. TIPS give individuals the knowledge and confidence they need to recognize
potential alcohol-related problems and intervene to prevent alcohol-related tragedies
(http://gettips.com/).
Therefore, the incidental off-site sales of beer and wine would not be detrimental to
the health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood.
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June 20,2016
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B. The use is consistent with the General Plan;
The proposed use is located within an established commercial district of the City,
and is designated Commercial in the General Plan. Land Use Goal 2 of the General
Plan aims to expand opportunities for concentrated commercial and industrial uses
that contribute jobs and tax revenues to the community.
C. The use is consistent with the provisions of this Zoning Code;
The proposed modification is for an On-Sale General Restrictive Service (Type 70)
ABC license at a 52 square foot corner market within the Fairfield Inn & Suites by
Marriott. The proposed use has been analyzed and staff has determined that the
proposed use meets all the applicable sections of the Rosemead Municipal Code
and will complement the existing uses, based on the submitted plans and Conditions
of Approval outlined in Attachment "A".
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act;
Section 15309 of the California Environmental Quality Act (CEQA) guidelines
exempt projects that consist of the inspections to check for the performance of an
operation, or quality, health, or safety of a project. Accordingly, Modification 16-01
is classified as a Class 9 Categorical Exemption pursuant to Section 15309 of
CEQA.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district; and
The applicant is requesting a modification for an On-Sale General Restrictive
Service (Type 70) ABC license at a 52 square foot corner market within the Fairfield
Inn & Suites by Marriott and upon approval as conditioned, will comply with such
conditions as set forth in Modification 16-01.
F. In addition to the findings for the approval of a Conditional Use Permit, Section
17.30.040.E.2 of the Rosemead Municipal Code further states that prior to approval
of a new permit for an alcohol sales establishment, the Planning Commission shall
find that the use is consistent with the purpose and intent of Section 17.30.040
(Alcohol Beverage Sales). This finding shall be in addition to the findings required by
Chapter 17.132 (Conditional Use Permits). In making this required finding, the
Planning Commission shall consider the following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City;
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June 20,2016
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b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other
similar uses, and any uses that attract minors.
ABC has also determined that this location is located in a high crime reporting
district. The average number of offenses per reporting district in the City is 213.4.
The total number of offenses in the reporting district is 305. After reviewing the
crime statistics over the last two (2) years, the Chief of Police has no objection to the
request. Although the store is located within a high crime area and near a major
freeway (California State Route 60), the Chief of Police has indicated that there are
no noted concerns associated with the business obtaining a beer and wine license to
complement their store
There are no existing schools, parks, or places of religious worship within 1,000 feet
of the project site. The closest school to the subject property is Don Bosco
Technical Institute, located at 1151 San Gabriel Boulevard. The nearest park is
Triangle Park, located at the northeast corner of Walnut Grove Avenue and San
Gabriel Boulevard. The closest church is Evergreen Baptist Church, located at 1255
San Gabriel Boulevard. Given that there are no schools, parks, or churches located
within 1,000 feet of the site, staff feels that this use is consistent with the surrounding
commercial properties and existing land uses in the general area, with no
foreseeable negative impacts to the adjacent neighborhood or adjoining properties
SECTION 3. The Planning Commission HEREBY APPROVES Modification 16-
01 for an On-Sale General Restrictive Service (Type 70) ABC license at a corner
market located within the Fairfield Inn & Suites by Marriott, subject to conditions listed
in Attachment "A" attached hereto and incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on June 20, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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June 20,2016
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SECTION 5. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 20th day of June, 2016.
John Tang, Chair
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 20th day of
June, 2016 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Michelle G. Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
ion
Planning Commission Meeting
June 20,2016
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ATTACHMENT "A"
0 (PC RESOLUTION 16-07)
MODIFICATION 16-01
705 SAN GABRIEL BOULEVARD
(APN: 5271-002-066)
CONDITIONS OF APPROVAL
June 20, 2016
Standard Conditions of Approval
1. Modification 16-01 ("Project") is approved for an On-Sale General Restrictive
Service (Type 70) ABC license at a corner market located within the Fairfield Inn
& Suites by Marriott, in accordance with the staff report and plans for Conditional
Use Permit 15-08. Any revisions to the approved plans must be resubmitted for
Planning Division review and, if satisfactory, approval.
2. Approval of Project shall not take effect for any purpose until the applicants have
filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is
aware of and accepts all of the conditions of approval as set forth in the letter of
approval and this list of conditions within ten (10) days from the Planning
Commission approval date.
3. The on-site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Project.
4. Project is approved for a period of one (1) year. The applicant shall commence
the approved project or request an extension within 30 calendar days prior to
expiration. The one (1) year initial approval period shall be effective from the
Planning Commission approval date. For the purpose of this petition, project
commencement shall be defined as beginning the permitting process with the
Planning and Building Divisions, so long as the project is not abandoned. If
Project has been unused, abandoned, or discontinued for a period of one (1)
year, it shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make
and/or approve minor modifications to the project and to these conditions of
approval.
6. Project is granted or approved with the City and its Planning Commission and
City Council retaining and reserving the right and jurisdiction to review and to
modify the permit, including the conditions of approval based on changed
circumstances. Changed circumstances include, but are not limited to, the
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June 20,2016
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modification of the use, a change in scope, emphasis, size, or nature of the use,
or the expansion, alteration, reconfiguration, or change of use. This reservation
of right to review is in addition to, and not in lieu of, the right of the City, its
Planning Commission, and City Council to review and revoke or modify any
permit granted or approved under the Rosemead Municipal Code for any
violations of the conditions imposed on Project.
7. The applicants shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers, and employees from any claim, action, or proceeding
against the City of Rosemead or its agents, officers, or employees to attack, set
side, void, or annul, an approval of the Planning Commission and/or City Council
concerning the project, which action is brought within the time period provided by
law.
8. The applicants shall comply with all Federal, State. and local laws relative to the
approved use, including the requirements of the Planning, Building, Fire, Sheriff,
and Health Departments.
9. The site shall be maintained in a graffiti-free state. Any new graffiti shall be
removed within 24 hours. A 24-hour, Graffiti Hotline can be called at (626) 569-
2345 for assistance.
10. The site shall be maintained in a clean, weed, and litter free state in accordance
with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which
pertains to the storage, accumulation, collection, and disposal of garbage,
rubbish, trash, and debris. All trash containers shall be stored in the appropriate
trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be
regularly cleaned, inspected, and maintained in a clean, safe, and sanitary
condition.
11. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
12. All requirements and appropriate licenses of the State of California and California
State Department of Alcohol Beverage Control shall be complied with and
maintained at all times. No alcohol is to be sold for the purpose of on-site
consumption. Loitering, open containers, and other signs specified by the
Alcoholic Beverage Control Act shall be posted as required by the ABC.
13. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted in the convenience store.
I
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June 20,2016
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14. The applicant shall post signs stating '`Possession of open alcoholic beverage
containers on these premises is prohibited by law. CA Penal Code Section 647e.
RMC Section 9.08.070" on the interior and exterior of the subject building.
15. Alcohol products, including displays, shall be secured during the hours of non-
sales.
Chief of Police Conditions of Approval
16. The corner market may operate 24 hours, 7 days a week. The sale of beer and
wine shall only occur during the hours of 7:00 a.m. to 11:00 p.m. and be limited
to registered hotel guests only.
17. The applicant shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures.
b. Immediate and adjoining parking area.
c. Entire exterior perimeter.
d. Any office and cashier area.
18. The video surveillance must be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
19. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
20. All alcohol must be stored and/or displayed away from the corner market's
entrance.
21. The sales of single can beer shall be limited to a container size up to 24 ounces
maximum.
•
•
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0
q- ° ROSEMEAD S AD PLANNING COMMISSION
CIVIC PRIDE STAFF REPORT
NC i?PORATED 1959 - -----
TO: HONORABLE CHAIR AND MEMBERS OF THE ROSEMEAD
PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: MARCH 7, 2016
SUBJECT: CONDITIONAL USE PERMIT 15-08
705 SAN GABRIEL BOULEVARD
Summary
TSW Investment LLC, doing business as Fairfield Inn & Suites Marriott, has submitted a
Conditional Use Permit (CUP) application, requesting approval for a new Off-Sale Beer
and Wine (Type 20) ABC license at a new corner market located within the hotel. The
subject site is located at 705 San Gabriel Boulevard (APN: 5271-002-066). in the C-3
(Medium Commercial) zone.
Environmental Determination
Section 15309 of the California Environmental Quality Act (CEQA) guidelines exempts
projects that consist of inspections to check for the performance of an operation, or the
quality, health, and safety of a project from environmental review. Accordingly, CUP 15-
08 is classified as a Class 9 Categorical Exemption pursuant to Section 15309 Gf CEQA
guidelines and therefore exempt from further environmental analysis.
Staff Recommendation
It is recommended that the Planning Commission ADOPT Resolution No. 16-02 with
findings (Exhibit "A"), and APPROVE CUP 15-08 subject to the 21 conditions of
approval outlined in Attachment "A" attached hereto.
Property History and Description
The subject property is located at the southwest corner of San Gabriel Boulevard and
Town Center Drive. According to the Los Angeles County Assessor's records, the site
consists of one (1) parcel, totaling approximately 50,494 square feet. An aerial image of
the subject site is located in Figure 1 on the next page. According to Building and Safety
Division records, the property is developed with a three-story Fairfield Inn and Suites
Marriott, totaling approximately 36,483 square feet.
EXHIBIT "B"
Planning Commission Meeting
March 7,2016
Page 2 of 20
Figure 1 - Aerial Image
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According to Building and Safety Division records, the property is developed with a
three-story Fairfield Inn and Suites Marriott, totaling approximately 36,483 square feet.
The hotel is presently occupied by Fairfield Inn and Suites Marriott. Figure 2 provides a
photo of the site's current development features.
Figure 2 - Existing Development
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Planning Commission Meeting
March 7.2016
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In 2015, building permits were issued for tenant improvements for the hotel. These
improvements included remodeling 70 restrooms, and replacing plumbing and electrical
fixtures, which were all completed on September 9, 2015. On June 25, 2015, building
permits were issued for patio additions and the exterior renovation of the Fairfield Inn &
Suites Marriott. The applicant anticipates the construction will be completed within this
month.
Site and Surrounding Land Uses
The project site is designated in the General Plan as Commercial and on the Zoning
Map as C-3 (Medium Commercial) zone. The site is surrounded by the following land
uses and zones:
North
General Plan Designation: California State Route 60
Zoning: C-3 (Medium Commercial)
Land Use: California State Route 60
South
General Plan Designation: Commercial
Zoning: C-3 (Medium Commercial)
Land Use: Residential
East
General Plan Designation: County of Los Angeles (Unincorporated)
Zoning: County of Los Angeles (Unincorporated)
Land Use: County of Los Angeles (Unincorporated)
West
General Plan Designation: Commercial
Zoning: C-3/D-O (Medium Commercial with a Design Overlay)
Land Use: Commercial
Administrative Analysis
Business Operation
The applicant is currently operating a Fairfield Inn & Suites Marriott at the subject site.
The applicant is proposing to incorporate a 52 square foot corner market within the hotel
for hotel guests only. The corner market will sell packaged goods, canned foods, frozen
foods, toiletries, over-the-counter medicines, beer, and wine. The corner market will
operate 24-hours a day and be supervised by the front desk. The corner market
concept can be seen in Figure 3.
Planning Commission Meeting
March 7,2016
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Figure 3 - Corner Market Concept
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State Department of Alcoholic Beverage Control (ABC) and Public Safety Report
Staff has received a worksheet from ABC, which indicates that the subject location is
currently located in a census tract that is not over concentrated with alcohol licenses.
The number of allowable on-sale ABC licenses for this census tract (No. 5300.03) is two
(2). Currently, there are no authorized on-sale licenses for this census tract.
ABC has also determined that this location is located in a high crime reporting district.
The average number of offenses per reporting district in the City is 213.4. The total
number of offenses in the reporting district is 305. After reviewing the crime statistics
over the last two (2) years, the Chief of Police has no objection to the request.
Although the store is located within a high crime area and near a major freeway
(California State Route 60), the Chief of Police has indicated that there are no noted
concerns associated with the business obtaining a beer and wine license to
complement their store. As a proactive measure to prevent crime in the City, specific
conditions of approval have been incorporated herein to deter regular alcohol related
incidents from occurring. The following Conditions of Approval recommended by the
Chief of Police (Exhibit "D'') include the following:
1. Maintain a 24-hour video surveillance recording system to include coverage of
the following areas:
• Patron and employee arrivals and departures.
• Immediate and adjoining parking area.
• Entire exterior perimeter.
• Any office and cashier area.
Planning Commission Meeting
March 7,2016
Page 5 of 20
2. The video surveillance must be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
3. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
4. Sales of alcohol shall be limited to registered hotel guests only. All alcohol must
be stored and/or displayed away from the corner market's entrance.
5. The sales of single can beer shall be limited to a container size up to 24 ounces
maximum.
6. Sales of alcohol are limited to the hours of to 7:00 a.m. until 11:00 p.m.
According to the applicant, several surveillance cameras are installed within the hotel
and throughout the parking lot. In addition, the front desk employees at the Fairfield Inn
& Suites Marriott will undergo Training for Intervention Procedures (TIPS®) training.
TIPS is a dynamic, skills-based training program designed to prevent intoxication, drunk
driving and underage drinking by enhancing the fundamental "people skills" of servers,
sellers and consumers of alcohol. TIPS give individuals the knowledge and confidence
they need to recognize potential alcohol-related problems and intervene to prevent
alcohol-related tragedies (http://gettips.com/).
Existing Schools, Parks, and Places of Religious Worship
There are no existing schools, parks, or places of religious worship within 1.000 feet of
the project site. The closest school to the subject property is Don Bosco Technical
Institute, located at 1151 San Gabriel Boulevard. The nearest park is Triangle Park,
located at the northeast corner of Walnut Grove Avenue and San Gabriel Boulevard.
The closest church is Evergreen Baptist Church, located at 1255 San Gabriel
Boulevard.
Given that there are no schools, parks, or churches located within 1,000 feet of the site,
staff feels that this use is consistent with the surrounding commercial properties and
existing land uses in the general area, with no foreseeable negative impacts to the
adjacent neighborhood or adjoining properties.
Municipal Code Findings
Conditional Use Permit 14-01
Rosemead Municipal Code (RMC) Section 17.132.040 states that a Conditional Use
Permit may be issued only after a public hearing before the Planning Commission.
Furthermore, all of the following findings shall be made by the Planning Commission in
conjunction with the approval of a Conditional Use Permit:
I
Planning Commission Meeting
March 7,2016
Page 6 of 20
A. Approval of the application will not be or incompatible or injurious to other properties
or land uses in the vicinity or create conditions materially detrimental to the public
health, safety and general welfare;
A hotel has been operating at the subject site since 1984. The applicant is
proposing to incorporate a 52 square foot corner market within the Fairfield Inn &
Suites Marriott for hotel guests only. Specific conditions of approval have been
incorporated herein to deter regular alcohol related incidents from occurring. These
conditions include maintaining a 24-hour video surveillance recording system,
maintaining good lighting during hours of darkness, displaying alcohol away from the
corner market's entrance, limiting the sale of alcohol to registered hotel guests only
from 7:00 a.m. until 11:00 p.m., and limiting single can beer to a container size up to
24 ounces maximum.
In addition, after reviewing the crime statistics over the last two (2) years, the Chief
of Police has no objection to the request. Although the store is located within a high
crime area and near a major freeway (California State Route 60), the Chief of Police
has indicated that there are no noted concerns associated with the business
obtaining a beer and wine license to complement their store. In addition, the front
desk employees at the Fairfield Inn & Suites Marriott will undergo Training for
Intervention Procedures (TIPS®) training. TIPS is a dynamic, skills-based training
program designed to prevent intoxication, drunk driving and underage drinking by
enhancing the fundamental "people skills" of servers, sellers and consumers of
alcohol. TIPS give individuals the knowledge and confidence they need to recognize
potential alcohol-related problems and intervene to prevent alcohol-related tragedies
(http://gettips.com/).
Therefore, the incidental off-site sales of beer and wine would not be detrimental to
the health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood.
B. The use is consistent with the General Plan;
The proposed use is located within an established commercial district of the City,
and is designated Commercial in the General Plan. Land Use Goal 2 of the General
Plan aims to expand opportunities for concentrated commercial and industrial uses
that contribute jobs and tax revenues to the community.
C. The use is consistent with the provisions of this Zoning Code;
The proposed Conditional Use Permit is for the off-sale of beer and wine at a new 52
square foot corner market within the Fairfield Inn & Suites Marriott. The proposed
use has been analyzed and staff has determined that the proposed use meets all the
applicable sections of the Rosemead Municipal Code and will complement the
existing uses, based on the submitted plans and Conditions of Approval outlined in
Attachment "A".
Planning Commission Meeting
March 7,2016
Page 7 of 20
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act;
Section 15309 of the California Environmental Quality Act (CEQA) guidelines
exempt projects that consist of the inspections to check for the performance of an
operation, or quality, health, or safety of a project. Accordingly, Conditional Use
Permit 15-08 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district; and
The applicant is applying for a Conditional Use Permit for the off-sale of beer and
wine at a new 52 square foot corner market within the Fairfield Inn & Suites Marriott
and upon approval as conditioned, will comply with such conditions as set forth in
the Conditional Use Permit.
F. In addition to the findings for the approval of a Conditional Use Permit, Section
17.30.040.E.2 of the Rosemead Municipal Code further states that prior to approval
of a new permit for an alcohol sales establishment, the Planning Commission shall
find that the use is consistent with the purpose and intent of Section 17.30.040
(Alcohol Beverage Sales). This finding shall be in addition to the findings required by
Chapter 17.132 (Conditional Use Permits). In making this required finding, the
Planning Commission shall consider the following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City;
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other
similar uses, and any uses that attract minors.
ABC has also determined that this location is located in a high crime reporting
district. The average number of offenses per reporting district in the City is 213.4.
The total number of offenses in the reporting district is 305. After reviewing the
crime statistics over the last two (2) years, the Chief of Police has no objection to the
request. Although the store is located within a high crime area and near a major
freeway (California State Route 60), the Chief of Police has indicated that there are
no noted concerns associated with the business obtaining a beer and wine license to
complement their store
Planning Commission Meeting
March 7,2016
Page 8 of 20
There are no existing schools, parks, or places of religious worship within 1,000 feet
of the project site. The closest school to the subject property is Don Bosco
Technical Institute, located at 1151 San Gabriel Boulevard. The nearest park is
Triangle Park, located at the northeast corner of Walnut Grove Avenue and San
Gabriel Boulevard. The closest church is Evergreen Baptist Church, located at 1255
San Gabriel Boulevard. Given that there are no schools, parks, or churches located
within 1,000 feet of the site, staff feels that this use is consistent with the surrounding
commercial properties and existing land uses in the general area, with no
foreseeable negative impacts to the adjacent neighborhood or adjoining properties.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes a 300-foot radius public hearing notice to 26 property owners, publication in the
Rosemead Reader on February 25, 2016, and postings of the notice at the six (6) public
locations and on the subject site.
Prepare. by: Submitt-. by:
OD ft Ii
Lily T. Valenzuela Michelle Ramirez
City Planner Community Development Director
EXHIBITS:
A. Planning Commission Resolution No. 16-02 with Attachment"A" (Conditions of Approval)
B. Assessor's Parcel Map
C. Site Plan/Floor Plan/Elevations
D. Memo from Chief of Police
E. Map of ABC Licenses
Planning Commission Meeting
March 7,2016
Page 9 of 20
EXHIBIT "A"
PC RESOLUTION 16-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 15-08 FOR A NEW OFF-
SALE BEER AND WINE (TYPE 20) ABC LICENSE AT A CORNER
MARKET LOCATED WITHIN THE FAIRFIELD INN & SUITES
MARRIOTT. THE SUBJECT SITE IS LOCATED AT 705 SAN GABRIEL
BOULEVARD (APN: 5271-002-066) IN THE C-3 (MEDIUM
COMMERCIAL) ZONE.
WHEREAS, on November 25, 2015, TSW Investment LLC submitted a
Conditional Use Permit a new off-sale beer and wine (Type 20) ABC license at a corner
market located within the Fairfield Inn & Suites Marriott. The subject site is located at
705 San Gabriel Boulevard in the C-3 (Medium Commercial) zone: and
WHEREAS, Section 17.30.040(E)(2) of the Rosemead Municipal Code allows
the approval of off-sale alcohol licenses upon the granting of a Conditional Use Permit
by the Planning Commission and sets criteria required for granting such a permit; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
RMC Section 17.132.040 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or disapprove a conditional use permit
application; and
WHEREAS, on February 25, 2016, 26 notices were sent to property owners
within a 300-foot radius from the subject property, notices were posted in six (6) public
locations and onsite, and published in the Rosemead Reader (specifying the availability
of the application, plus the date, time, and location of the public hearing for CUP 15-08);
and
WHEREAS, on March 7, 2016, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to CUP 15-08;
and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that CUP 15-08
is Categorically Exempt under Section 15309 of the California Environmental Quality
Act (CEQA) guidelines exempt projects that consist of the inspections to check for the
Planning Commission Meeting
• March 7,2016
Page 10 of 20
performance of an operation, or quality, health, or safety of a project. Accordingly,
CUP 15-08 is classified as a Class 9 Categorical Exemption pursuant to Section 15309
of CEQA.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving CUP 15-08 in accordance with Sections
17.132.040 and Section 17.30.040(E)(2) of the Rosemead Municipal Code as follows:
A. Approval of the application will not be or incompatible or injurious to other properties
or land uses in the vicinity or create conditions materially detrimental to the public
health, safety and general welfare;
A hotel has been operating at the subject site since 1984. The applicant is
proposing to incorporate a 52 square foot corner market within the Fairfield Inn &
Suites Marriott for hotel guests only. Specific conditions of approval have been
incorporated herein to deter regular alcohol related incidents from occurring. These
conditions include maintaining a 24-hour video surveillance recording system,
maintaining good lighting during hours of darkness, displaying alcohol away from the
corner market's entrance, limiting the sale of alcohol to registered hotel guests only
from 7:00 a.m. until 11:00 p.m., and limiting single can beer to a container size up to
24 ounces maximum.
In addition, after reviewing the crime statistics over the last two (2) years, the Chief
of Police has no objection to the request. Although the store is located within a high
crime area and near a major freeway (California State Route 60), the Chief of Police
has indicated that there are no noted concerns associated with the business
obtaining a beer and wine license to complement their store. In addition, the front
desk employees at the Fairfield Inn & Suites Marriott will undergo Training for
Intervention Procedures (TIPS®) training. TIPS is a dynamic, skills-based training
program designed to prevent intoxication, drunk driving and underage drinking by
enhancing the fundamental "people skills" of servers, sellers and consumers of
alcohol. TIPS give individuals the knowledge and confidence they need to recognize
potential alcohol-related problems and intervene to prevent alcohol-related tragedies
(http://gettips.com/).
Therefore, the incidental off-site sales of beer and wine would not be detrimental to
the health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood.
B. The use is consistent with the General Plan;
The proposed use is located within an established commercial district of the City,
and is designated Commercial in the General Plan. Land Use Goal 2 of the General
Plan aims to expand opportunities for concentrated commercial and industrial uses
that contribute jobs and tax revenues to the community.
Planning Commission Meeting
March 7,2016
Page 11 of 20
C. The use is consistent with the provisions of this Zoning Code;
The proposed Conditional Use Permit is for the off-sale of beer and wine at a new 52
square foot corner market within the Fairfield Inn & Suites Marriott. The proposed
use has been analyzed and staff has determined that the proposed use meets all the
applicable sections of the Rosemead Municipal Code and will complement the
existing uses, based on the submitted plans and Conditions of Approval outlined in
Attachment "A".
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act;
Section 15309 of the California Environmental Quality Act (CEQA) guidelines
exempt projects that consist of the inspections to check for the performance of an
operation, or quality, health, or safety of a project. Accordingly, Conditional Use
Permit 15-08 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district; and
The applicant is applying for a Conditional Use Permit for the off-sale of beer and
wine at a new 52 square foot corner market within the Fairfield Inn & Suites Marriott
and upon approval as conditioned, will comply with such conditions as set forth in
the Conditional Use Permit.
F. In addition to the findings for the approval of a Conditional Use Permit. Section
17.30.040.E.2 of the Rosemead Municipal Code further states that prior to approval
of a new permit for an alcohol sales establishment, the Planning Commission shall
find that the use is consistent with the purpose and intent of Section 17.30.040
(Alcohol Beverage Sales). This finding shall be in addition to the findings required by
Chapter 17.132 (Conditional Use Permits). In making this required finding, the
Planning Commission shall consider the following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City;
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other
similar uses, and any uses that attract minors.
Planning Commission Meeting
March 7,2016
Page 12 of 20
ABC has also determined that this location is located in a high crime reporting
district. The average number of offenses per reporting district in the City is 213.4.
The total number of offenses in the reporting district is 305. After reviewing the
crime statistics over the last two (2) years, the Chief of Police has no objection to the
request. Although the store is located within a high crime area and near a major
freeway (California State Route 60), the Chief of Police has indicated that there are
no noted concerns associated with the business obtaining a beer and wine license to
complement their store
There are no existing schools, parks, or places of religious worship within 1,000 feet
of the project site. The closest school to the subject property is Don Bosco
Technical Institute, located at 1151 San Gabriel Boulevard. The nearest park is
Triangle Park, located at the northeast corner of Walnut Grove Avenue and San
Gabriel Boulevard. The closest church is Evergreen Baptist Church, located at 1255
San Gabriel Boulevard. Given that there are no schools, parks, or churches located
within 1,000 feet of the site, staff feels that this use is consistent with the surrounding
commercial properties and existing land uses in the general area, with no
foreseeable negative impacts to the adjacent neighborhood or adjoining properties
SECTION 3. The Planning Commission HEREBY APPROVES CUP 15-08 for a
new Off-Sale Beer and Wine (Type 20) ABC license at a new corner market within the
Fairfield Inn & Suites Marriott, subject to conditions listed in Attachment "A" attached
hereto and incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on March 7, 2016, by the following vote:
ATw♦/ f'J_
C .
NOES:
ABSTAIN:
ABSENT:
SECTION 5. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 7th day of March, 2016.
John Tang, Chair
Planning Commission Meeting
March 7,2016
Page 13 of 20
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 7th day of
March, 2016 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Michelle G. Ramirez, Secretary
APPROVED AS TO FORM:
Gregory M. Murphy, Planning Commission Attorney
Burke, Williams & Sorensen, LLP
Planning Commission Meeting
March 7,2016
Page 14 of 20
ATTACHMENT "A"
(PC RESOLUTION 16-02)
CONDITIONAL USE PERMIT 15-08
705 SAN GABRIEL BOULEVARD
(APN: 5271-002-066)
CONDITIONS OF APPROVAL
March 7, 2016
Standard Conditions of Approval
1. Conditional Use Permit 15-08 ("Project") is approved for a new Off-Sale Beer and
Wine (Type 20) ABC license at a new corner market located within the Fairfield
Inn & Suites Marriott, in accordance with the plans marked Exhibit "B", dated
November 25, 2015. Any revisions to the approved plans must be resubmitted for
Planning Division review and, if satisfactory, approval.
2. Approval of Project shall not take effect for any purpose until the applicants have
filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is
aware of and accepts all of the conditions of approval as set forth in the letter of
approval and this list of conditions within ten (10) days from the Planning
Commission approval date.
3. The on-site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Project.
4. Project is approved for a period of one (1) year. The applicant shall commence
the approved project or request an extension within 30 calendar days prior to
expiration. The one (1) year initial approval period shall be effective from the
Planning Commission approval date. For the purpose of this petition, project
commencement shall be defined as beginning the permitting process with the
Planning and Building Divisions, so long as the project is not abandoned. If
Project has been unused, abandoned, or discontinued for a period of one (1)
year, it shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make
and/or approve minor modifications to the project and to these conditions of
approval.
6. Project is granted or approved with the City and its Planning Commission and
City Council retaining and reserving the right and jurisdiction to review and to
modify the permit, including the conditions of approval based on changed
circumstances. Changed circumstances include, but are not limited to, the
modification of the use, a change in scope, emphasis, size, or nature of the use,
or the expansion, alteration, reconfiguration, or change of use. This reservation
Planning Commission Meeting
March 7,2016
Page 15 of 20
of right to review is in addition to, and not in lieu of, the right of the City, its
Planning Commission, and City Council to review and revoke or modify any
permit granted or approved under the Rosemead Municipal Code for any
violations of the conditions imposed on Project.
7. The applicants shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers. and employees from any claim, action, or proceeding
against the City of Rosemead or its agents, officers, or employees to attack, set
side, void, or annul, an approval of the Planning Commission and/or City Council
concerning the project, which action is brought within the time period provided by
law.
8. The applicants shall comply with all Federal, State, and local laws relative to the
approved use, including the requirements of the Planning, Building, Fire, Sheriff,
and Health Departments.
9. The site shall be maintained in a graffiti-free state. Any new graffiti shall be
removed within 24 hours. A 24-hour, Graffiti Hotline can be called at (626) 569-
2345 for assistance.
10. The site shall be maintained in a clean, weed, and litter free state in accordance
with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which
pertains to the storage, accumulation, collection, and disposal of garbage,
rubbish, trash, and debris. All trash containers shall be stored in the appropriate
trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be
regularly cleaned, inspected, and maintained in a clean, safe, and sanitary
condition.
11. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
12. All requirements and appropriate licenses of the State of California and California
State Department of Alcohol Beverage Control shall be complied with and
maintained at all times. No alcohol is to be sold for the purpose of on-site
consumption. Loitering, open containers, and other signs specified by the
Alcoholic Beverage Control Act shall be posted as required by the ABC.
13. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted in the convenience store.
14. The applicant shall post signs stating `Possession of open alcoholic beverage
containers on these premises is prohibited by law. CA Penal Code Section 647e.
RMC Section 9.08.070" on the interior and exterior of the subject building.
Planning Commission Meeting
March 7,2016
Page 16 of 20
15. Alcohol products, including displays, shall be secured during the hours of non-
sales.
Chief of Police Conditions of Approval
16. The corner market may operate 24 hours, 7 days a week. The sale of beer and
wine shall only occur during the hours of 7:00 a.m. to 11:00 p.m. and be limited
to registered hotel guests only.
17. The applicant shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures.
b. Immediate and adjoining parking area.
c. Entire exterior perimeter.
d. Any office and cashier area.
18. The video surveillance must be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
19. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
20. All alcohol must be stored and/or displayed away from the corner market's
entrance.
21. The sales of single can beer shall be limited to a container size up to 24 ounces
maximum.
Planning Commission Meeting
March 7,2016
Page 17 of 20
EXHIBIT "C"
Assessor's Parcel Map
5271 I se2ir Imsii m • 1E:12 1 1' r. I I I I Is:wrc,.o I I ea ro '
7�/yr 4:4;/,':,,', SUBJECT SITE „.V �s
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Planning Commission Meeting
March 7,2016
Page 18 of 20
EXHIBIT "D"
9
MEMORANDUM P� �
TO: Lily Valenzuela, City Planner
FROM: Ignacio Somoano, Chief of Police
DATE: January 11, 2016
SUBJECT: Regarding ABC License for 705 San Gabriel BI, Rosemead
Lily,
You requested crime related information for the proposed convenience store to be
located at the Fairfield Hotel at 705 San Gabriel BI, Rosemead. The statistical
information provided in this memorandum covers a two year period from November 3,
2013,thru November 3, 2015. You also requested law enforcement recommendations
for public safety matters. I respectfully request the following conditions be
implemented or considered.
Recommended Conditions:
I recommend this store maintain the same level of crime prevention efforts that have
been bestowed upon similar establishments of similar type(s).
No noted concerns associated with the business obtaining a beer and wine license to
complement their store.
1. It is recommended that the store maintain a 24 hour video surveillance
recording system to include coverage of the following areas:
• Patron and employee arrivals and departures
• Immediate and adjoining parking area
• Entire exterior perimeter
• Any office and cashier area
2. The video surveillance must be stored for a minimum of 30 days and be
made available to law enforcement and code enforcement upon request.
3. The parking lot and exterior of the business must maintain good lighting
during the hours of darkness.
4. All alcohol must be stored/displayed away from the Corner Market's
entrance. The sales of single can beer shall be limited to a container size up
to 24 ounces maximum. Sales shall be limited to registered hotel guest only.
Planning Commission Meeting
March 7,2016
Page 19 of 20
January 11,2016
5. Sales of Alcohol limited to the Hours of 7:00 AM until 11:00 PM.
You requested crime related information for the proposed Store at 705 San Gabriel
Boulevard Rosemead. The proposed location is within Sheriff's Reporting District
0535. Below you will find crime stets and calls for service related to the identified
address and corresponding reporting districts. Please feel free to contact me if you
have any further questions.
Calls For Service To 705 San Gabriel Boulevard Rosemead (32):
• Disturbance Calls 20
• Traffic Collisions 2
• Warrant Arrest 4
• Recovered Stolen Vehicle 1
• Suspicious Activity 1
• Thefts 2
• Reported Gunshot(Unconfirmed) 1
• Vandalism 1
Concerned Reporting District
Crime Information: RD 0535
• Homicide: 0
• Robbery(Armed and Strong-Arm): 19
• Aggravated Assaults: 6
• Burglaries(Residential and Commercial) 22
• Narcotics Arrest: 34
= Liquor Laws, Drunk, Disturbing the Peace and DUI: 5
• Weapons Laws: 3
Adjoining Reporting Districts
Crime Information: RD 0534
• Homicide: 1
• Robbery(Armed and Strong-Arm): 10
• Aggravated Assaults: 18
• Burglaries (Residential and Commercial) 64
• Narcotics Arrest: 48
• Liquor Laws, Drunk, Disturbing the Peace and DUI: 18
• Weapons Laws: 11
Crime Information: RD 0533
■ Homicide: 1
• Robbery(Armed and Strong-Arm): 20
Planning Commission Meeting
March 7,2016
Page 20 of 20
January 11, 2016
5. Sales of Alcohol limited to the Hours of 7:00 AM until 11:00 PM.
You requested crime related information for the proposed Store at 705 San Gabriel
Boulevard Rosemead. The proposed location is within Sheriff's Reporting District
0535. Below you will find crime stets and calls for service related to the identified
address and corresponding reporting districts. Please feel free to contact me if you
have any further questions.
Calls For Service To 705 San Gabriel Boulevard Rosemead (32):
• Disturbance Calls 20
▪ Traffic Collisions 2
• Warrant Arrest 4
• Recovered Stolen Vehicle 1
• Suspicious Activity 1
• Thefts 2
• Reported Gunshot(Unconfirmed) 1
• Vandalism 1
Concerned Reporting District
Crime Information: RD 0535
• Homicide: 0
• Robbery(Armed and Strong-Arm): 19
• Aggravated Assaults: 6
• Burglaries (Residential and Commercial) 22
• Narcotics Arrest: 34
• Liquor Laws, Drunk, Disturbing the Peace and DUI: 5
• Weapons Laws: 3
Adjoining Reporting Districts
Crime Information: RD 0534
• Homicide: 1
•
▪ Robbery(Armed and Strong-Arm): 10
▪ Aggravated Assaults: 18
• Burglaries(Residential and Commercial) 64
• Narcotics Arrest: 48
• Liquor Laws, Drunk, Disturbing the Peace and DUI: 18
• Weapons Laws: 11
Crime Information: RD 0533
• Homicide: 1
• Robbery(Armed and Strong-Arm): 20
PC RESOLUTION 16-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 15-08 FOR A NEW OFF-
SALE BEER AND WINE (TYPE 20) ABC LICENSE AT A CORNER
MARKET LOCATED WITHIN THE FAIRFIELD INN & SUITES
MARRIOTT. THE SUBJECT SITE IS LOCATED AT 705 SAN GABRIEL
BOULEVARD (APN: 5271-002-066) IN THE C-3 (MEDIUM
COMMERCIAL) ZONE.
WHEREAS, on November 25, 2015, TSW Investment LLC submitted a
Conditional Use Permit a new off-sale beer and wine (Type 20) ABC license at a corner
market located within the Fairfield Inn & Suites Marriott. The subject site is located at
705 San Gabriel Boulevard in the C-3 (Medium Commercial) zone; and
WHEREAS, Section 17.30.040(E)(2) of the Rosemead Municipal Code allows
the approval of off-sale alcohol licenses upon the granting of a Conditional Use Permit
by the Planning Commission and sets criteria required for granting such a permit; and
WHEREAS, Sections 65800 & 65900 of the California Government Code and
RMC Section 17.132.040 of the Rosemead Municipal Code authorize the Planning
Commission to approve, conditionally approve, or disapprove a conditional use permit
application; and
WHEREAS, on February 25, 2016, 26 notices were sent to property owners
within a 300-foot radius from the subject property, notices were posted in six (6) public
locations and onsite, and published in the Rosemead Reader (specifying the availability
of the application, plus the date; time, and location of the public hearing for CUP 15-08);
and
WHEREAS, on March 7, 2016, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to CUP 15-08;
and
4 WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. The Planning Commission HEREBY DETERMINES that CUP 15-08
NI is Categorically Exempt under Section 15309 of the California Environmental Quality
Act (CEQA) guidelines exempt projects that consist of the inspections to check for the
performance of an operation, or quality, health, or safety of a project. Accordingly,
EXHIBIT "C"
CUP 15-08 is classified as a Class 9 Categorical Exemption pursuant to Section 15309
of CEQA.
SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES
that facts do exist to justify approving CUP 15-08 in accordance with Sections
17.132.040 and Section 17.30.040(E)(2) of the Rosemead Municipal Code as follows:
A. Approval of the application will not be or incompatible or injurious to other properties
or land uses in the vicinity or create conditions materially detrimental to the public
health, safety and general welfare;
A hotel has been operating at the subject site since 1984. The applicant is
proposing to incorporate a 52 square foot corner market within the Fairfield Inn &
Suites Marriott for hotel guests only. Specific conditions of approval have been
incorporated herein to deter regular alcohol related incidents from occurring. These
conditions include maintaining a 24-hour video surveillance recording system,
maintaining good lighting during hours of darkness, displaying alcohol away from the
corner market's entrance, limiting the sale of alcohol to registered hotel guests only
from 7:00 a.m. until 11:00 p.m., and limiting single can beer to a conta ner size up to
24 ounces maximum.
In addition, after reviewing the crime statistics over the last two (2) years, the Chief
of Police has no abjection to the request. Although the store is located within a high
crime area and near a major freeway (California State Route 60), the Chief of Police
has indicated that there are no noted concerns associated with the business
obtaining a beer and wine license to complement their store. In addition, the front
desk employees at the Fairfield Inn & Suites Marriott will undergo Training for
Intervention Procedures (TIPS®) training. TIPS is a dynamic, skills-based training
program designed to prevent intoxication, drunk driving and underage drinking by
enhancing the fundamental "people skills" of servers, sellers and consumers of
alcohol. TIPS give individuals the knowledge and confidence they need to recognize
potential alcohol-related problems and intervene to prevent alcohol-related tragedies
(http://gettips.com/).
Therefore, the incidental off-site sales of beer and wine would not be detrimental to
the health, safety, peace, morals, comfort or general welfare of persons residing or
working in the neighborhood.
B. The use is consistent with the General Plan;
The proposed use is located within an established commercial district of the City,
and is designated Commercial in the General Plan. Land Use Goal 2 of the General
Plan aims to expand opportunities for concentrated commercial and industrial uses
that contribute jobs and tax revenues to the community.
C. The use is consistent with the provisions of this Zoning Code;
2
The proposed Conditional Use Permit is for the off-sale of beer and wine at a new 52
square foot corner market within the Fairfield Inn & Suites Marriott. The proposed
use has been analyzed and staff has determined that the proposed use meets all the
applicable sections of the Rosemead Municipal Code and will complement the
existing uses, based on the submitted plans and Conditions of Approval outlined in
Attachment"A".
D. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act;
Section 15309 of the California Environmental Quality Act (CEQA) guidelines
exempt projects that consist of the inspections to check for the performance of an
operation, or quality, health, or safety of a project. Accordingly, Conditional Use
Permit 15-08 is classified as a Class 9 Categorical Exemption pursuant to Section
15309 of CEQA.
E. If development is provided for under the Conditional Use Permit, the project is
consistent with the goals and objectives of the applicable standards and Design
Guidelines in the overlying district; and
The applicant is applying for a Conditional Use Permit for the off-sale of beer and
wine at a new 52 square foot corner market within the Fairfield Inn & Suites Marriott
and upon approval as conditioned, will comply with such conditions as set forth in
the Conditional Use Permit.
F. In addition to the findings for the approval of a Conditional Use Permit, Section
17.30.040.E.2 of the Rosemead Municipal Code further states that prior to approval
of a new permit for an alcohol sales establishment, the Planning Commission shall
find that the use is consistent with the purpose and intent of Section 17.30.040
(Alcohol Beverage Sales). This finding shall be in addition to the findings required by
4 Chapter 17.132 (Conditional Use Permits). In making this required finding, the
Planning Commission shall consider the following:
a. The crime rate in the reporting district and adjacent reporting districts as
compared to other areas in the City;
b. The numbers of alcohol-related calls for service, crimes, or arrests in the
reporting district and in adjacent reporting districts; and
c. The proximity of the establishment to residential zoning districts, day care
centers, hospitals, park and recreation facilities, places of worship, schools, other
similar uses, and any uses that attract minors.
ABC has also determined that this location is located in a high crime reporting
3
district. The average number of offenses per reporting district in the City is 213.4.
The total number of offenses in the reporting district is 305. After reviewing the
crime statistics over the last two (2) years, the Chief of Police has no objection to the
request. Although the store is located within a high crime area and near a major
freeway (California State Route 60), the Chief of Police has indicated that there are
no noted concerns associated with the business obtaining a beer and wine license to
complement their store
There are no existing schools, parks, or places of religious worship within 1,000 feet
of the project site. The closest school to the subject property is Don Bosco
Technical Institute, located at 1151 San Gabriel Boulevard. The nearest park is
Triangle Park, located at the northeast corner of Walnut Grove Avenue and San
Gabriel Boulevard. The closest church is Evergreen Baptist Church, located at 1255
San Gabriel Boulevard. Given that there are no schools, parks, or churches located
within 1,000 feet of the site, staff feels that this use is consistent with the surrounding
commercial properties and existing land uses in the general area, with no
foreseeable negative impacts to the adjacent neighborhood or adjoining properties
SECTION 3. The Planning Commission HEREBY APPROVES CUP 15-08 for a
new Off-Sale Beer and Wine (Type 20) ABC license at a new corner market within the
Fairfield Inn & Suites Marriott, subject to conditions listed in Attachment "A" attached
hereto and incorporated herein by reference.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on March 7, 2016, by the following vote:
AYES: DANG, ENG, HERRERA, LOPEZ, and TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
SECTION 5. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the applicant and the Rosemead City Clerk.
PASSED, APPROVED and ADOPTED this 7'h day of ► arch, 2016.
v rA AILO
�J• n Tarfg�Ch-ir `
4
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 7th day of
March, 2016 by the following vote:
AYES: DANG, ENG, HERRERA, LOPEZ, and TANG
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Michelle G. Rami , Secretary
APPROVE' TO FOR
Gregory M. rphy, Planning C: mission Attorney
Burke, Williams & Sorensen, LLP
5
ATTACHMENT "A"
(PC RESOLUTION 16-02)
CONDITIONAL USE PERMIT 15-08
705 SAN GABRIEL BOULEVARD
(APN: 5271-002-066)
CONDITIONS OF APPROVAL
March 7, 2016
Standard Conditions of Approval
1. Conditional Use Permit 15-08 ("Project") is approved for a new Off-Sale Beer and
Wine (Type 20) ABC license at a new corner market located within the Fairfield
Inn & Suites Marriott, in accordance with the plans marked Exhibit "B", dated
November 25. 2015. Any revisions to the approved plans must be resubmitted for
Planning Division review and, if satisfactory, approval.
2. Approval of Project shall not take effect for any purpose until the applicants have
filed with the City of Rosemead ("City") a notarized affidavit stating that he/she is
aware of and accepts all of the conditions of approval as set forth 'n the letter of
approval and this list of conditions within ten (10) days from the Planning
Commission approval date.
3. The on-site public hearing notice posting shall be removed by the end of the 10-
day appeal period of Project.
4. Project is approved for a period of one (1) year. The applicant shall commence
the approved project or request an extension within 30 calendar days prior to
expiration. The one (1) year initial approval period shall be effective from the
Planning Commission approval date. For the purpose of this petition, project
commencement shall be defined as beginning the permitting process with the
Planning and Building Divisions, so long as the project is not abandoned. If
Project has been unused, abandoned, or discontinued for a period of one (1)
year. it shall become null and void.
5. The Planning Commission hereby authorizes the Planning Division to make
and/or approve minor modifications to the project and to these conditions of
approval.
6. Project is granted or approved with the City and its Planning Commission and
City Council retaining and reserving the right and jurisdiction to review and to
modify the permit, including the conditions of approval based on changed
circumstances. Changed circumstances include, but are not limited to, the
modification of the use, a change in scope, emphasis, size, or nature of the use,
or the expansion, alteration, reconfiguration, or change of use. This reservation
6
of right to review is in addition to, and not in lieu of, the right of the City, its
Planning Commission, and City Council to review and revoke or modify any
permit granted or approved under the Rosemead Municipal Code for any
violations of the conditions imposed on Project.
7. The applicants shall defend, indemnify, and hold harmless the City of Rosemead
or its agents, officers, and employees from any claim, action, or proceeding
against the City of Rosemead or its agents, officers, or employees to attack, set
side, void, or annul, an approval of the Planning Commission and/or City Council
concerning the project, which action is brought within the time period provided by
law.
8. The applicants shall comply with all Federal, State, and local laws relative to the
approved use. including the requirements of the Planning, Building, Fire, Sheriff,
and Health Departments.
9. The site shall be maintained in a graffiti-free state. Any new graffiti shall be
removed within 24 hours. A 24-hour, Graffiti Hotline can be called at (626) 569-
2345 for assistance.
10. The site shall be maintained in a clean, weed, and litter free state in accordance
with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which
pertains to the storage, accumulation, collection, and disposal of garbage,
rubbish, trash, and debris. All trash containers shall be stored in the appropriate
trash enclosure at all times. All trash, rubbish, and garbage receptacles shall be
regularly cleaned, inspected, and maintained in a clean, safe, and sanitary
condition.
11. Violations of the conditions of approval may result in citation and/or initiation of
revocation proceedings.
Project Specific Conditions of Approval
12. All requirements and appropriate licenses of the State of California and California
State Department of Alcohol Beverage Control shall be complied with and
maintained at all times. No alcohol is to be sold for the purpose of on-site
consumption outside of the building located at 705 San Gabriel Boulevard or
secured common areas on the site. Loitering, open containers, and other signs
specified by the Alcoholic Beverage Control Act shall be posted as required by
the ABC (Modified by the Planning Commission on March 7, 2016).
13. A current letter grade issued to the business by the LA County Department of
Health Services shall be properly posted in the convenience store.
14. The applicant shall post signs stating "Possession of open alcoholic beverage
containers on these premises is prohibited by law. CA Penal Code Section 647e.
7
RMC Section 9.08.070" on the exterior of the subject building (Modified by the
Planning Commission on March 7, 2016).
15. Alcohol products, including displays, shall be secured during the hours of non-
sales.
Chief of Police Conditions of Approval
16. The corner market may operate 24 hours, 7 days a week. The sale of beer and
wine shall only occur during the hours of 7:00 a.m. to 2:00 a.m. and be limited to
registered hotel guests only. All alcohol shall be secured in lock containers by
11:00 p.m. and all alcohol sales between the hours of 11:00 p.m. to 2:00 a.m.
shall require the applicant to retrieve the product from the lock containers
(Modified by the Planning Commission on March 7, 2016).
17. The applicant shall maintain a 24-hour video surveillance recording system to
include coverage of the following areas:
a. Patron and employee arrivals and departures.
b. Immediate and adjoining parking area.
c. Entire exterior perimeter.
d. Any office and cashier area.
18. The video surveillance must be stored for a minimum of 30 days and be made
available to law enforcement and code enforcement upon request.
19. The parking lot and exterior of the business must maintain good lighting during
the hours of darkness.
20. All alcohol must be stored and/or displayed away from the corner market's
entrance.
21. The sales of single can beer shall be limited to a container size up to 24 ounces
maximum.
8
Minutes of the
PLANNING COMMISSION MEETING
March 7,2016
The regular meeting of the Planning Commission was called to order by Chair Tang at 7:00 pm in the Council
Chambers. 8838 E. Valley Boulevard.
PLEDGE OF ALLEGIANCE—Commissioner Dang
INVOCATION—Commissioner Herrera
ROLL CALL—Commissioners Dang, Eng, Herrera, Vice-Chair Lopez and Chair Tang
STAFF PRESENT—City Attorney Murphy, Community Development Director Ramirez, Chief of Police Somoano,
City Planner Valenzuela, Planning Intern Rath, and Commission Secretary Lockwood.
1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS
City Attorney Murphy presented the procedure and appeal rights of the meeting.
2. PUBLIC COMMENTS FROM THE AUDIENCE
None
Commissioner Eng addressed the Chair and requested that Public Hearing Item 3B (Conditional Use Permit 15-08)
be presented before Public Hearing Item 3A(Design Review 15-09 and Minor Exception 15-10).
Chair Tang asked the Planning Commission and staff if they are in favor of the reorganization of the two Public
Hearing items.
Planning Commissioners and staff stated they are all in favor of moving Public Hearing Item 3B above Item 3A.
3. PUBLIC HEARINGS
B. CONDITIONAL USE PERMIT 15-08 - TSW Investment LLC, doing business as Fairfield Inn & Suites
Marriott, has submitted a Conditional Use Permit (CUP) application, requesting approval for a new Off-
Sale Beer and Wine(Type 20)ABC license at a new corner market located within the hotel. The subject
site is located at 705 San Gabriel Boulevard (APN: 5271-002-066), in the C-3 (Medium Commercial)
zone.
PC RESOLUTION 16-02 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE
PERMIT 15-08 FOR A NEW OFF-SALE BEER AND WINE (TYPE 20) ABC LICENSE AT A CORNER
MARKET LOCATED WITHIN THE FAIRFIELD INN & SUITES MARRIOTT. THE SUBJECT SITE IS
LOCATED AT 705 SAN GABRIEL BOULEVARD (APN: 5271-002-066) IN THE C-3 (MEDIUM
COMMERCIAL)ZONE.
Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 16-
02 with findings (Exhibit"A")and APPROVE CUP 15-08, subject to the 21 conditions of approval.
EXHIBIT "D"
City Planner Valenzuela presented the staff report.
Chair Tang asked the Planning Commission if there were any questions or comments for staff.
Commissioner Eng asked the Chief of Police Ignacio Somoano what period the crime statistics is from.
Chief of Police Somoano replied it is from November 3, 2013 through November 3, 2015.
Commissioner Eng referred to the 20 disturbance calls that were reported and asked if they had been for inside or
outside of the hotel.
Chief of Police Somoano replied it would be for anything to that address.
Commissioner Eng asked if the beer and wine is intended to be consumed in the guest rooms.
City Planner Valenzuela replied yes.
Commissioner Eng referred to Condition of Approval number fourteen (14) regarding the posting of signs and asked
if the signs will be in the common areas.
Community Development Director Ramirez replied they will be posted in the interior and exterior of the building.
Vice-Chair Lopez asked what is the ratio as far as alcohol being served through that area.
City Planner Valenzuela replied in this census tract for Type 20 licenses,there are zero(0).
Vice-Chair Lopez asked if this hotel had previously been the Marriott.
City Planner Valenzuela replied it had previously been the"Holiday Inn Express".
Vice-Chair Lopez asked what type of security measures will be taken with the sales of alcohol.
City Planner Valenzuela replied that the Chief of Police added security measures.
Community Development Director Ramirez stated they are Conditions of Approval numbers 16 through 21.
Vice-Chair Lopez confirmed with staff that alcohol will not be served after 11:00 pm.
City Planner Valenzuela replied that is correct.
Commissioner Dang asked if this is a new ABC License or is one in place currently.
City Planner Valenzuela replied this is a new one.
Chair Tang stated one of the conditions states the sales of alcohol shall be limited to registered hotel guest and
asked how that will be enforced.
i
City Planner Valenzuela replied that the sales of alcohol will be controlled by the front desk and the applicant may
address that questicn.
2
i.
Chair Tang asked what the justification is behind limiting the hours from 7:00 am to 11:00 pm.
Chief of Police Somoano replied that he is trying to be consistent with the other perimeters that have been
placed with similar businesses.
Chair Tang asked if the establishments/businesses that have been limited to 11:00 pm are because they are
convenience stores or restaurants that are open to the public.
Chief of Police Somoano replied yes. He explained this establishment will have other perimeters where it will
be hotel guest only, it will be monitored differently, and he does not anticipate this business having the same
problems (beer runs)as a business open to the general public would.
Commissioner Dang asked where it states that consumption needs to be on site and is it one of the conditions of
approval.
Community Development Director Ramirez replied it is not a condition of approval.
Commissioner Dang recommended that a condition of approval be added that states the consumption of alcohol has
to be on site and explained that it should not be bought and then consumed somewhere else.
City Attorney Murphy stated if that is the will of the Planning Ccmmission, then he recommends a modification to
Condition of Approval number twelve (12) to read: "No alcohol is to be sold for the purpose of consumption outside of
705 San Gabriel Boulevard and outside of the individual rooms of the subject hotel". He explained that would make it
clear that both consumption of off-site and consumption in the common areas is not allowed.
Chair Tang asked if that condition of approval is added what will be the procedure to enforce it.
City Attorney Murphy replied that if it were found that the operator was allowing consumption in the common areas or
allowing the alcohol to be taken off-site for any purpose, then between the Sheriffs Department and Code
Enforcement a record would be created. He added this matter would then be brought back to the Planning
Commission as a revocation process of the Conditional Use Permit.
Chair Tang opened the Public Hearing and invited the applicant to the podium.
General Manager Amy Wu, of the Fairfield Inn & Suites Marriott, explained that they are going to enforce the selling
of alcohol by making it billable to the guest account and by checking for a room key to make sure they are a
registered guest. She stated the corner market is a very small place where guest can purchase the beer/wine, and
take it to their room or lobby. She stated it may be difficult to enforce that guest go right back to their room and would
request that it be changed to consume at their location in designated areas.
Chair Tang asked the Planning Commission if they had any questions or comments.
Commissioner Dang stated he would like to add onto that and originally he wanted to ask if the consumption would
be off-site, meaning they would buy it and take it off the premise. He asked if this is adjacent to the Montebello Mall.
General Manager Wu replied yes.
Commissioner Dang stated that for instance they would buy it. take it into the mall to consume it and that is what he
is trying to prevent.
l
J
General Manager Wu stated they are a business hotel with the majority of their guests being business travelers. She
explained that typically the guest come in after work, and have a drink to relax. She added that she does not think
they will be taking the alcohol off-site.
Commissioner Dang stated he does not object to the hotel guest buying beer/wine and taking it to their room or by
the pool area if it is allowed. He stated he does not mind alcohol consumed within the premise and requested City
Attorney Murphy to help rewrite it.
City Attorney Murphy stated the second sentence in Condition of Approval number 12 can be changed to state: "No
alcohol is to be sold for the purpose of consumption off the 705 San Gabriel Boulevard site". He asked for staffs
assistance with Condition of Approval number 14 and recommended modifications to this so it may coincide with
Condition of Approval number 12.
Commissioner Eng stated that she had visited the site and informed the Planning Commission the corner market
is the size of a kiosk and its purpose is mainly for the guest of the hotel. She asked Ms. Wu if this is a prototype for
all the Marriott's and part of the amenity of the hotel.
General Manager Wu replied yes, it is part of the new generation design concept.
Community Development Director Ramirez asked if the Chief of Police may have any comments or suggestions in
regards to Condition of Approval number 14.
Chief of Police Somoano stated Condition of Approval number 14 would be to limit and restrict any exterior
consumption of alcohol such as the parking lot, in a car, or anywhere outside of the building, since this is where law
enforcement would engage in more problems and would like to deter. He added he is not sure how "RMC Section
9.08.070" exactly reads and if it specifically states "interior and exterior" but for the purposes of this establishment if
they stay with just the exterior of the establishment it would meet their goals.
City Attorney Murphy proposed Condition of Approval 14 be changed to state: "The sign will be posted on the exterior
of the subject building".
General Manager Wu stated all the rooms have balconies, and asked for clarification if that will include the balconies.
Community Development Director Ramirez explained that "exterior" is meant as an unsecured location, such as the
parking lot.
Vice-Chair Lopez asked Ms. Wu since they have remodeled why they did not include a lounge area for the guest to
sit and enjoy a glass of beer/wine.
General Manager Wu replied that is not part of the Fairfield Inn &Suites program.
Commissioner Dang asked for clarification on how Condition of Approval number 12 will be modified.
City Attorney Murphy replied the second sentence of Condition of Approval number 12 will state: "No alcohol will be
sold for the purpose of consumption outside of 705 San Gabriel Boulevard." He addressed the Chief of Police
Somoano and stated that ABC and Municipal Code's references to "on-site and off-site" and he does not want to use
that language here because this being called an off-site sale, which means it is not poured for consumption and it is
being taken in a bottle form. He added all of this alcohol is off-site consumption and recommended that the wording
"consumption off of be used. He asked Chief of Police Somoano if this is correct.
Chief of Police Somoano replied it would be more appropriate.
4
Chair Tang asked Ms. Wu what the hours of selling beer/wine at their other Fairfield Inn &Suites locations.
General Manager Wu replied 7:00 am to 2:00 am.
Chair Tang asked if she had seen any issues with selling alcohol within that time frame.
General Manager Wu replied no, it is sold to hotel guest only, is sold in a controlled environment, and no outside
sources are coming in.
Chair Tang asked if the Planning Commission had any further questions.
None
Chair Tang called Mr. Jim Flournoy to the podium.
Resident Jim Flournoy stated he has a home directly across from this hotel and his concern was that this corner
market was going to be like a 7-Eleven or a mini-market, and after listening to everything, he has no objection to this
project. He added that this is a step down from having mini bars in the rooms. He recommended that if the address
is going to be used, then that would also include the parking lot, so it should be include that you cannot take it out the
front door because a lot of people may brown bag it and take it to the car. He stated the remodel looks great and it is
a great addition to the City of Rosemead.
Chair Tang thanked Mr. Flournoy. He also addressed Mr. Flournoy's inquiry and asked City Attorney Murphy if
Condition of Approval number 14 addresses Mr. Flournoy's question regarding the parking lot.
City Attorney Murphy and staff discussed the options and recommended the second sentence of Condition of
Approval number 12 state: "No alcohol is to be sold for the purpose of on-site consumption outside of the building
located at 705 San Gabriel Boulevard or secured common areas on the site".
Commissioner Eng asked if the hours of selling alcohol should be changed at this time also.
Chair Tang stated that can be discussed after he closes the Public Hearing. He asked if there were any further
questions or comments.
None
Chair Tang closed the Public Hearing and recommended that the hours for selling the beer/wine be extended to 2:00
am to comply with State Law. He stated that it fits with the hotel's program, it is in a controlled environment,the
employees are trained in selling alcohol, and it is allowable for this time frame. He asked if the second sentence of
Condition of Approval number 16 be modified to state: "The sale of beer and wine shall occur during the hours
of 7:00 am to 2:00 am and be limited to registered hotel guest only".
City Attorney Murphy replied yes, if that is the will of the Planning Commission.
Chair Tang asked the Planning Commission if there any comments or questions.
Vice-Chair Lopez asked why it is being changed.
Commissioner Herrera asked if the applicant has requested this.
5
Vice-Chair Lopez expressed that 11:00 pm is reasonable,there is not a nightclub, and he does not see traffic coming
in that late at night.
Chair Tang expressed that it would conform with the other hotels and to provide the convenience to their guest.
Vice-Chair Lopez recommended that a clause be added because of past concerns.
Commissioner Herrera asked if the applicant requested this time change.
Community Development Director Ramirez replied yes and the applicant can be requested to the podium to address
this further.
Commissioner Eng asked Vice-Chair Lopez if he is requesting the hours be kept at 11:00 pm. She commented that it
should be kept in mind that this hotel does not abut any residential properties.
Vice-Chair Lopez expressed concern that the mall is directly across the street,there is a lot of activity. it is dark there,
and there have been issues in that area in the past. He recommended the hours of operation remain the same and if
there are no incidences the applicant can come back to request later hours.
Commissioner Herrera commented that she does not understand where the request for 2:00 am came from
because the Staff Report states the hours are 7:00 am to 11:00 pm and she does not know who requested it until
2:00 am initially.
Community Development Director Ramirez explained that applicants make request that they would like, but during
the review process different agencies or departments may have different recommendations than what the applicant
wants. She stated the applicant requested 2:00 am but the Chief of Police recommended it to be closed at 11:00 pm
to be consistent with other recent approvals. However, he is open to it being changed because it is in a controlled
environment, only hotel guest may purchase it, and the new condition that the alcohol can only be consumed inside
the building. She added the applicant also requested the longer hours because of the traveling nature of hotel
guest. She informed the Planning Commission that if it is approved at 11:00 pm and the applicant wanted to have
that amended at a later date,then there is a cost the applicant would have to pay for that amendment.
Chief of Police Somoano stated the time restriction is based on other businesses in the area and that this
establishment is different. He stated the concern would be beer runs and crimes of theft associated with alcohol. He
recommended that if the establishment sells alcohol until to 2:00 am, the freezer be locked at 11:00 pm. He
stated they can still sell alcohol from 11:00 pm, to 2:00 am, but the employee will have to unlock it manually. He
added that would prevent beer runs and restricts other concerns that they are trying to prevent.
Community Development Director Ramirez stated the applicant may be open to that suggestion and can
be requested to the podium to discuss that option.
Chair Tang stated he is in favor of that suggestion and addressed some of Commissioner Lopez's concerns. He
stated that there is a lot of activity in that area considering that a mall is nearby, but after 11:00 pm the mall is closed
and is pretty quiet in that area. He added anyone wishing to purchase alcohol and consume it would probably be a
guest at the hotel. He asked if the disturbance calls to that area had been alcohol related or something else.
Chief of Police Somoano replied that their date does not give specifics on the call, it just reflects how many calls were
generated to that address.
Commissioner Eng stated that this proprietor has been operating this business since "1984" and they have shown
that they are a responsible proprietor. She added this is not a major revenue source for them, but it is a convenience
6
they want to offer for their hotel guest, and to be competitive with the other hotels. She stated she approves of the
hours being extended and if necessary have staff redefine the language in the conditions of approval. She does not
feel the applicant should have to come back before the Planning Commission and go through the entitlement process
just to extend the hours. She explained that this is not a convenience store like a "7-Eleven" or"Fresh & Easy", the
hotel will not advertise that a mini-market is inside, and when she visited the site the mini market is the size of a kiosk
with the refrigerator not being very large.
Community Development Director Ramirez stated if the Planning Commission is satisfied with the change that Chief
of Police Somoano's made, then staff is agreeable also, and the Planning Commission can ask the applicant if they
agree with the recommendation.
Chair Tang and the Planning Commission stated they agree with the recommendation. Chair Tang asked City
Attorney Murphy for his assistance on the wording of the recommendation.
City Attorney Murphy referred to Condition of Approval number 16 and stated the existing second sentence should be
changed to state: "The sale of beer and wine shall only occur during the hours of 7:00 am to 2:00 am and be limited
to registered hotel guests only." He continued that a third sentence should be added stating: "All alcohol should be
secured in locked containers by 11:00 pm and all alcohol sales from 11:00 pm to 2:00 am should require the
applicant to retrieve the product from the locked containers."
Chair Tang asked if there were any further comments or questions.
None
Chair Tang asked for a motion.
Commissioner Herrera made a motion,seconded by Vice-Chair Lopez,to ADOPT Resolution No. 16-02 with
findings and APPROVE CUP 15-08, subject to the 21 conditions of approval. (Modifications to Condition of
Approval numbers 12, 14, and 16 were made by the Planning Commission).
Vote resulted in:
Ayes: Dang, Eng, Herrera, Lopez, and Tang
Noes: None
Abstain: None
Absent: None
Community Development Director Ramirez stated the motion passes with a 5 Ayes and 0 Noes and explained the
10-day appeal process.
A. DESIGN REVIEW 15-09 AND MINOR EXCEPTION 15-10—Jian Feng Liu has submitted an application for
a Design Review and Minor Exception, requesting to construct additions to an existing legal,
nonconforming single-family dwelling unit with a substandard side yard setback and a total floor area
over 2,500 square feet. The proposed project includes a new detached three-car garage. The subject
property is located at 3361 Muscatel Avenue (APN: 5289-008-068) and in the R-1 (Single-Family
Residential)zone.
PC RESOLUTION 16-03 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 15-
09 AND MINOR EXCEPTION 15-10, PERMITTING A 1,868 SQUARE FEET ADDITION TO AN EXISTING
LEGAL, NONCONFORMING SINGLE-FAMILY DWELLING UNIT WITH A SUBSTANDARD SIDE YARD
SETBACK AND A TOTAL FLOOR AREA OVER 2,500 SQUARE FEET. THE SUBJECT PROPERTY IS
LOCATED AT 3361 MUSCATEL AVENUE (APN: 5289-008-068), IN THE R-1 (SINGLE-FAMILY
RESIDENTIAL)ZONE.
Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 16-
03 with findings (Exhibit "A"), and APPROVE Design Review 15-09 and Minor Exception 15-10, subject
to the 22 conditions of approval.
Planning Intern Rath presented the staff report.
Community Development Director Ramirez introduced Planning Intern Roger Rath.
Chair Tang asked the Planning Commission if there were any questions or comments for staff.
Commissioner Eng thanked and welcomed Planning Intern Rath. She asked if the applicant is also the property
owner.
Planning Intern Rath replied yes.
Commissioner Eng asked if staff knew how long the applicant has owned this property.
Planning Intern Rath replied the applicant may address that question.
Commissioner Eng asked if the applicant's residence is currently operating as a Daycare.
Planning Intern Rath replied yes.
Commissioner Eng asked how many children.
City Planner Valenzuela replied the applicant stated there are 12.
Commissioner Eng asked what the ages of the children are.
City Planner Valenzuela replied the applicant stated they are one (1) to ten (10) years of age and the applicant can
address that question.
Commissioner Eng asked if staff knows how long this residence has been used as a childcare facility.
City Planner Valenzuela replied the building records show it has been there since "2004" but staff is not sure when
the applicant began this business.
Commissioner Eng asked if there was a lapse in the business license.
Community Development Director Ramirez replied that a business license was not requirement in 2004 but now is.
Commissioner Eng asked when the requirement for a business license went into effect.
City Planner Valenzuela replied sometime between "2010-2011".
Commissioner Eng asked what the Zoning Code currently provides in terms of childcare operations.
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City Planner Valenzuela replied that currently childcare operations is permitted in the R-1 zone , provided that there
are only 0-8 children and if there are 9-14 it is not a permitted use. She explained that this use was approved in the
R-1 zone back in 2004 so it is grandfathered in.
Chair Tang asked for clarification in regards to 9-14 children.
Community Development Director Ramirez stated 9-14 children is no longer allowed in the R-1 zone under the City's
new zoning code but under the old zoning code it had been allowed. She added for R-2 and R-3 zones they would
have to apply for an Administrative Use Permit. She explained that anything with 0-8 children is permitted in any
zone by right under State Law.
Commissioner Eng stated the staff report states that in "2004"the City did request the reinstatement of the family day
care license for fourteen (14) children and asked if this was city-wide, specific to this property. or the R-1 zone.
City Planner Valenzuela replied it was a specific letter for just this property.
Commissioner Eng asked if it had been granted.
City Planner Valenzuela replied yes.
Commissioner Eng asked who licenses this day care.
City Planner Valenzuela replied the State of California and the applicant may be asked for more details.
Commissioner Eng asked where the parents park when they are picking up the children.
City Planner Valenzuela replied that question can be deferred to the applicant.
Commissioner Eng asked what the hours of operation are.
City Planner Valenzuela replied the applicant may answer that question.
Community Development Director Ramirez explained that staff does not have that information because the
applicant's application does not pertain to the day care facility only the remodel of the property.
Commissioner Eng requested from staff that in the future the staff report include information that is reflected in the
site plan and that both are available on-line so that the community may have access to it. She commented that there
were discrepancies and information in the staff report that did not correlate with the site plan.
Community Development Director Ramirez asked Commissioner Eng what she is referring too.
Commissioner Eng replied for example the staff report states there are eight (8) bedrooms, seven (7) bathrooms, a
porch, and a three-car garage. She added the site plan shows eight (8) bedrooms. eight (8) bathrooms, and no
porch. She asked where the porch is.
Planning Intern Rath referred to the site plan and replied the porch is in front of the house and it is not labeled. He
added there is a box in front of the dining room and that is where the porch should be.
Commissioner Eng asked if the porch is in front of the dining room.
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City Planner Valenzuela referred to the site plan and explained on the exterior where it say's existing dining room,
there is a porch that is not labeled. She added you can see that there is a front porch and there is an entrance which
leads into the house from that door.
Community Development Director Ramirez pointed out that there are seven (7) bathrooms and it is missing the
number four(4).
Commissioner Eng stated there are seven (7) bathrooms and clarified that she had gone by the numbers on the site
plan. She asked if the applicant is adding an additional story that will have three(3) bedrooms.
Community Development Director Ramirez explained that they are adding a back area that is currently not there and
it will be two-stories. She stated bedrooms four(4)and five(5)are new on the bottom floor.
Commissioner Eng asked if the current floor plan has three (3) bedrooms, three (3) bath, a dining room, a living
room. a kitchen & breakfast area, and a study, which is 1,856 square feet. She stated the applicant is adding
another 1,868 square feet,which is an additional five bedrooms
Community Development Director Ramirez replied yes, and a family room.
Commissioner Eng asked if staff knows what the prevailing floor plan for the residences for this neighborhood.
City Planner Valenzuela replied she does not have that information.
Commissioner Eng read what the final product would be and asked if the Minor Exception is for the side yard
setback.
Planning Intern Rath replied yes, and explained that the existing household has 4'9".
Commissioner Eng asked if this is already nonconforming and grandfathered in, why does it still require a Minor
Exception.
City Planner Valenzuela replied that the Municipal Code has a Minor Exception process where the existing home is
nonconforming to the existing code anything that is added goes through a Minor Exception process and has to meet
today's code.
Community Development Director Ramirez clarified that whatever is being added on needs to meet today's code and
whatever was grandfathered does not.
Commissioner Eng referred to the kitchen, dining room, and living room and asked if there is going to be any
changes to those rooms.
City Planner Valenzuela replied they will open a portion of the wall in the hallways.
Commissioner Eng asked what the sizes of the bedrooms are.
City Planner Valenzuela replied they vary in size and for exact numbers the architect can address that question.
Commissioner Eng asked if this is usually required on site plans.
City Planner Valenzuela replied no, not for size of the bedrooms, but staff will ask for the dimensions.
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Commissioner Eng asked if rear yard setbacks are applied to all tie structures.
City Planner Valenzuela replied it applies to the home itself.
Commissioner Eng asked if it does not apply to the garage.
City Planner Valenzuela replied accessory structures are not included.
Commissioner Eng asked if that is why the garage only has a 5 yard setback.
City Planner Valenzuela replied yes.
Commissioner Eng referred to the HVAC plan and asked if it currently has central AC/heating and what is the
proposed plan.
City Planner Valenzuela replied that the applicant is proposing a new AC unit towards the rear of the house.
Commissioner Eng stated she brought this up because the structures are very close to the neighbors.
Commissioner Dang referred to Sheet A-1 and stated it shows an existing rod iron fence in the front yard. He also
referred to the picture provided in the staff report and it shows that it is quite taller than 2 feet and asked if that was a
discrepancy on the applicant's part.
Planning Intern Rath stated that is 2 feet on top of another 2 feet concrete block wall.
City Planner Valenzuela stated that staff inspected the site and it was found that the fence is higher than permitted by
code. She added that it is going to be revised to be 2 feet rod iron on top of 2 feet of concrete block wall, to bring it
up to 4 feet, and meet the City's code.
Commissioner Dang asked if the applicant is going to keep the same design.
City Planner Valenzuela replied yes.
Chair Tang stated he has a few questions for the applicant.
Commissioner Dang commended and thanked staff for providing a colored picture of the existing condition
and renderings.
Chair Tang opened the Public Hearing and invited the applicant to the podium.
Steve Wu, Designer, stated the owners are present and their son will translate for them. He explained he was hired
because the owners currently live in the home and they would like to have more room for the Day Care business. He
stated the owners have had their state license for Day Care since 1994 and it has been over 20 years they have
been operating.
Kenny Lu,son of the applicant, stated if there are questions for his parents he will do the translation.
Commissioner Eng thanked the applicant for improving the property. She asked if the family is residing at the
property currently.
Kenny Lu replied yes.
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Commissioner Eng asked how the five(5) bedrooms downstairs will be used.
Kenny Lu replied the front portion of the home is used for the day care and the addition will be for family usage.
Commissioner Eng asked what the ages of the children participating in this child care are.
Kenny Lu replied he is not sure but believes they are from 0-13 years of age.
Commissioner Eng asked how many children are there.
Kenny Lu replied he believes there are around ten (10).
• Commissioner Eng asked if his mother had any help.
Kenny Lu replied his father helps her.
Commissioner Eng asked where the parent's park when they come to drop off and pick up their children.
Kenny Lu replied they park in the driveway.
Commissioner Eng asked what the hours of operation of the day care are.
Kenny Lu replied they are 8:00 am or 9:00 am to 5:00 pm or 6:00 pm.
Commissioner Eng asked if those are the busiest times.
Kenny Lu replied yes.
Commissioner Eng asked once the addition is completed how many children will be attending the daycare.
Kenny Lu replied it should remain the same and explained it varies due to some children leaving and new children
attending.
Commissioner Eng asked how long has his parents owned the property.
Kenny Lu replied 20 years.
Commissioner Eng asked when it started being used as a child daycare.
Kenny Lu replied it was about the same time.
Commissioner Eng stated they are adding 5 bedrooms, 4 additional bathrooms,the second floor will be used by
family, and the first floor is utilized by the daycare.
Community Development Director Ramirez addressed Kenny Lu and stated staff has been told that there are 4
bedrooms and the fifth bedroom will be an office. She asked if this is different now.
Kenny Lu replied the architect should answer that question.
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Community Development Director Ramirez stated that it is important that the Planning Commission understands the
reason for this question because the room labeled bedroom number eight (8) does not have a closet and if it is going
to be a bedroom, then a closet needs to be added.
Kenny Lu replied that the architect needs to address that question.
Steven Wu, Architect, explained that room is very small and is going to be an office.
Community Development Director Ramirez stated she just wants to make sure the Planning Commission knows what
is being added.
Commissioner Eng asked if there are two(2)studies in this property; one upstairs and one downstairs.
Steven Wu replied yes.
Commissioner Dang thanked Mr. Wu for improving the site. He asked if the term "slump stone" is the masonry block
and what color is it.
Steven Wu replied yes it is the masonry and it will be a light brown color.
Commissioner Dang stated it will be earth tone color and in addition to that he requested to incorporate some split
stone lines. He referred to the existing kitchen and stated a "wet bar" is being proposed and pointed out that
typically a wet bar is not bigger than the kitchen and this one is.
Steven Wu stated that the "wet bar" is going to be utilized by the daycare.
Commissioner Dang asked if the"wet bar"is going to be used as a cafeteria style for the children in day care.
Steven Wu replied yes. but it will be basically a simple one for use of the sink and drinks.
Commissioner Dang stated because this use is currently nonconforming and if the applicant expands the "wet bar"
for use of the day care, then in a sense they are expanding the use.
Chair Tang stated that the addition is to be for the family dwelling use and they would still be using the frontage of the
property for the day care use and asked if it will be different.
Steve Wu replied no, it is not different and explained the porch and the front existing part of the home will continue to
be used for the day care. He added a portion of the first floor in the family room will also be used. He stated it will not
be a problem to trim down the"wet bar".
Commissioner Dang stated that wet bars are typically smaller than the kitchen, some jurisdictions put limitations, and
recommended he work that out with staff. He stated the second question is the fact they are extending the
nonconforming use of the building and the day care component. He added it sounds like they are utilizing the
"wet bar"for the day care to serve the kids and asked Mr.Wu if that is correct.
Steve Wu replied yes,that is correct and that is their intention.
Commissioner Dang stated going back to the original design and if the new part was used strictly for the family, the
existing home 1,800 square feet is a tremendous size for eight kids and there should be no reason to utilize that"wet
bar". He asked Mr. Wu if he agreed.
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Kenny Lu stated there is a misunderstanding and stated the back portion of the home is for the family and the front
portion of the home is for the day care. He stated there is a miscommunication between the architect and his father.
Commissioner Dang asked Mr. Lu if the "wet bar" will be reduced in size so that it may look like a "wet bar". He
stated that is what the architect is proposing and asked Mr. Lu if he is agreeable to that.
Kenny Lu stated he is not sure about the bottom portion and wet bar. He reiterated that the new addition is for
the family and the design of the house is used for the day care.
Commissioner Eng asked how many members this family has.
Kenny Lu replied there are four.
Commissioner Eng stated there are four and asked if they are adding five (5) bedrooms.
Kenny Lu replied he is not sure because he did not look at the blue prints.
Chair Tang stated what Commissioner Dang is alluding to is that the back portion is going to be used for family
dwelling.then the "wet bar" should be smaller than the kitchen and was asking if the applicant would be agreeable to
reducing the size of the"wet bar".
Kenny Lu replied he can ask his parents if they are agreeable.
Vice-Chair Lopez recommended changing the name of"wet bar"to sink because it is just a family room.
Commissioner Dang expressed that his concern is that if this property is to be sold it could very easily be converted
into a second unit. He added as an architect this design does not flow very well.
Community Development Director Ramirez stated staff is concerned with this also and explained that the applicant
will have to sign an affidavit stating this cannot be made into two separate units and it is a single dwelling unit. She
added if the Planning Commission does not feel that is strong enough, then they can request that a covenant be
recorded, which will stated this is one property and cannot be made into two. She explained it has been done in the
past typically after there has been an issue.
Commissioner Dang stated he would not mind having a covenant in place.
Commissioner Eng stated this is going to be an eight(8) bedroom home and there is a three(3)car garage.
Steven Wu stated it is not an eight (8) bedroom because one (1) room will be used as an office/study instead of a
bedroom.
Commissioner Eng stated it will be a seven (7) bedroom home and asked what the sizes of the bedrooms are.
Steven Wu requested she repeat her question.
Commissioner Eng stated never mind. She asked how many cars will be able to park in the open space by the three-
car garage.
Steven Wu replied he does not know how to answer that question, but there will be a three-car garage. He stated the
accessory building cannot be over 750 feet and currently it is at its maximum.
Commissioner Dang referred to the day care issue and asked if they are not conforming because they have fourteen
(14)children.
Community Development Director Ramirez explained they can have up to 14 kids. She added that State law dictates
that and it does not come from the City.
Commissioner Dang stated in the event that this day care will have 14 children will there be any activities in this new
building.
Kenny Lu replied no.
Commissioner Herrera asked if the children will be in the new addition where the"wet bar"is located.
Community Development Director Ramirez replied no, that was a misunderstanding. She stated if the Planning
Commission would like to they can add a condition of approval stating the day care area remain in the front portion of
the property.
Kenny Lu asked if the"wet bar" will have to be reduced in size.
Community Development Director Ramirez no. it does have to be reduced.
Commissioner Dang requested that a condition of approval added that the day care remain within the existing
building. He asked Mr. Wu where the water heater is located.
Steven Wu replied the existing water heater is located in a room right next to the kitchen.
Commissioner Dang asked if a new water heater will be installed for the new unit and where will it be located.
Steven Wu replied yes, and the best location to place it will be next to the A/C.
Commissioner Dang asked Mr. Wu why he feels this is a good location on the side yard.
Steven Wu replied because it is across from the guest room.
Commissioner Dang asked how he will anticipate the neighbors staring at a water heater that is two stories tall.
Steven Wu replied that he will install the pipes through the wall.
Commissioner Dang asked if Mr. Wu will install the pipes within the walls and have it go through the roof.
Steven Wu replied yes.
Commissioner Dang requested that staff make sure that is captured. He referred to Sheet A-4, East elevation, the
exposed rafters, and requested a fascia board be added to make it consistent with the other elevations.
Steven Wu stated that is the existing condition and agreed to add the fascia board.
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Commissioner Dang stated there is a clarification on the South elevation, calling out number 4, it is called Stone
Veneer, and pointed out it is the wrong color.
Steven Wu agreed that it is.
Commissioner Dang stated he drove by the property and the roof color of red is pretty sharp. He added the existing is
red and more red will be added, it does not blend into the neighborhood very well, and asked Mr. Wu if he had any
suggestions on improving that.
Steve Wu stated this is the existing roof and he will have to check with the property owner if he wants to re-roof his
home.
Commissioner Dang stated the reason he is bringing this up is because as the architect he did very well on
enhancing the driveway and landscaping, and recommended he talk with the property owner to continue with the
aesthetics of the home.
Commissioner Eng asked if Commissioner Dang is recommending an earth tone color like Tan for the roof.
Commissioner Dang replied if the architect was to pick a color that mimics the earth tone color for the roof then, it
would match the surrounding properties and the final design of the home.
Steve Wu stated he can consider that but he will have to check with the property owner because this is not a small
project.
Commissioner Herrera commented that the existing roof color is too strong and adding to that with the matching color
will be overpowering for the whole neighborhood in mass and color.
City Attorney Murphy addressed the Planning Commission and stated the request is that the applicant considers re-
doing the entire roof rather than add on to the striking color of the real roof. He stated there will be some cost to that
and if it is the matter of the applicant having to revise the project in order to upset that cost, then it may be heading
for a situation where this matter may have to be continued so that revised design can come back to the Planning
Commission. He added if that is the case, then he suggests that the Planning Commission bring up with any other
design issues that might want to be considered by the applicant, so that any type of a revised design include
everything that the Planning Commission can think of. He added that way the matters can be resolved when it
comes back.
Kenny Lu stated his father is willing to change the color of the roof but they do not know if the cost will be a
substantial amount.
Commissioner Dang stated that will be up to their design architect.
Kenny Lu stated his father will discuss the cost with the architect and see how that works out.
Commissioner Dang referred to the gate out front and stated it is over the height limit, he understands it will be
brought down to the required height, and that the rod iron will be left the same with the top cropped off. He
recommended that when this item is brought back that the applicant bring in a drawing of that gateifence cropped off
and he proposes that if the applicant is going to update the building anyway to just redo the rod iron fence.
Vice-Chair Lopez stated he did not realize this was going to be extended, there are slight modifications, the roof
color. and staff will address these changes. He stated this should not have to be extended.
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Community Development Director Ramirez stated when City Planner Valenzuela stated that the applicant will keep
the same design, she was not alluding to the applicant is going to keep the same exact rod iron. Instead, what she
meant was that they were keeping rod iron, and staff does not know what the final product will be, but the height will
be brought down to four(4)feet.
Commissioner Dang apologized and stated that it does not mind if this item is continued or not, but he understood
that there may be a cost factor involved and the City Attorney wanted to give the applicant time to discuss it.
City Attorney Murphy stated that he brought up the changing of the roof,which was not part of the original plan,will
change their cost. He explained that if that is something that can be taken into account, and if that would require the
overall project to have some other design elements changed. when the Planning Commission approves the Design
Review the applicant has to build consistent to the plans. He stated minor changes can be allowed. but if some of
the element was going to be taken away due to the cost of the roof, and if the change was substantially enough that
could not be made at the staff level, then all of a sudden you are not building in compliance of the plan. He stated he
brought up the concept because if the roof cost is something that worries or needs to consider by the applicant
before the Planning Commission moves forward with an approval, it might be worth putting this forward. He added if
the applicant would like this to be put forward, then he recommended that the Planning Commission consider all
other potential design changes, so that everything can be worked up, and they are not going back and forth. He
stated if the applicant is agreeable and it is not financially a problem, then this item can move forward.
Community Development Director Ramirez asked the applicant's son Kenny Lu if he understands what the City
Attorney has explained to him.
Kenny Lu replied yes, and he will ask his father if he agreeable to the change.
Resident Brian Lewin thanked Commissioner Dang for bringing up the issue of the potential of the use expanding
because that was one of his concerns also. He also thanked staff for the availability of the plans online. He asked if
the LID requirements are applicable because the project application was submitted after the City's adoption of that
code took effect, which was in June and the application was submitted in September. He referred to Condition of
Approval number 18 which talks about drainage into the street and would not be present if in fact LID was in
effect. He also asked if the Planning Division had any plans to generally adopt any storm water friendly design
elements.
Community Development Director Ramirez addressed the LID requirement and stated the Public Works Department
did review the plans and did not require a condition related to LID. She stated when the building construction plans
are submitted,staff will review the plans again and if it is required it will be added at that time.
Kenny Lu stated his father is willing to do whatever is the easiest way without changing the plan.
Community Development Director Ramirez stated the Planning Commission is asking if his father is willing to change
the color of the entire roof.
Kenny Lu stated his father is willing to do that.
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Commissioner Dang asked if the property had a driveway gate and if there is, he requested that there be enough
distance from the front property line and enough for a large sedan typically 18 feet. He stated if the applicant would
like a nice design he can ask and maybe it can be flushed with the face of the house and currently the face of the
house is 24 feet 4 inches away from the front property line.
Community Development Director Ramirez stated the question is, are you going to have a gate.
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4
Kenny Lu replied yes,there currently is a driveway gate.
Commissioner Dang asked if it was at the property line or where is it located.
Kenny Lu replied he is not really sure.
Commissioner Dang requested that if they do have a gate please provide enough space for a car to park so it is not
sticking out of your property line.
Kenny Lu replied alright.
Commissioner Herrera asked if the applicant needs to tell the Planning Commission the color of the roof.
Community Development Director Ramirez stated the applicant will work with staff to make sure it blends with the
property.
Chair Tang asked when the peak drop-off and pick-up times are.
Kenny Lu replied they are in the morning when they are dropping off the kids and in the evening between 4:00 pm to
5:00 pm.
Chair Tang asked if the daycare allows overnight stays.
Kenny Lu replied no.
Chair Tang closed the Public Hearing and asked the Planning Commission if there were any further comments or
questions.
Commissioner Eng asked staff if the all the surrounding properties are zoned as R-1.
City Planner Valenzuela replied yes.
Chair Tang commented that his concern is that there have been a lot of reports on the news regarding maternity
home and boarding rooms. He stated that he is not saying this facility is one, but he can see the possibility of how
this can become one of those type of facilities.
Commissioner Eng stated that is one of the reasons she asked what the prevailing floor plan is for this
neighborhood. She expressed there are a lot of bedrooms, with a three-car garage, and it will need more
parking. She added the parking on the street is already impacted at that location,this is a R-1 zoning with very low
density, and the use is grandfathered in. She stated 58 Public Hearing notices went out to the neighborhood and no
one is present to make comments. She added the applicant meets the FAR, they are spending a lot of money to
make this investment, and they want to take the opportunity to maximize the use. She stated this family has been
here for over 20 years, this is their home, and this community has multi-generational living situations and is
something to consider, but it needs to be done in a way that it will minimize the impact to the community. She
expressed her concern is the number of bedrooms.
Commissioner Herrera commented that the number of bedrooms is a concern.
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Commissioner Dang stated he has the same concern too, it is a family of four (4), and that is why he asked what is
going to be done with the other bedrooms.
Commissioner Eng asked if she can request the applicant to consider downsizing the number of bedrooms.
Vice-Chair Lopez expressed concern with that question and stated the Planning Commission should not speculate
that something is going to happen. He added the Planning Commission purpose is to help the community, work with
staff, make minor changes, and help the community grow.
Commissioner Eng stated she respects that and agrees that they are there for the community, but the Planning
Commission also needs to look at the impact and quality of life. She stated that is the direction in which she is going
and asked what type of guidelines they will have.
Vice-Chair Lopez stated that is where the Planning Commission allows staff to ensure that guidelines are met.
Commissioner Eng stated that is why there is Municipal Codes and Zoning and the Planning Commission is here to
make decisions on the impact and quality of life.
Vice-Chair Lopez stated the applicant has not broken any of the code or zoning requirements.
Chair Tang stated he shares the same concern as Commissioner Eng with the number of bedrooms. He added if it
was any other project application where the component that you have child care wasn't in it, the Planning
Commission would have their eyes wide open. He expressed that he is a little torn and cannot fault the applicant for
wanting to expand their home to accommodate not only their dwelling situation but their business as well. He added
that the impact of the surrounding community does need to be considered and it is a R-1 zone, with most of the
homes around them are single-family homes that have maybe five (5) bedrooms or less. He stated the applicant's
property will be the one and unique property with seven (7) bedrooms in the neighborhood and that is an impact the
Planning Commission will have to consider.
Commissioner Dang stated though there is a concern with bedrooms he expressed that as a Planning Commissioner
you should not have the authority to regulate how many bedrooms. He explained that the family may grow in the
future and they may need the extra bedrooms. He stated as a Planning Commissioner you should look at the
design, the five feet still bothers him, he does not think it flows, and the wet bar is too big. He stated his take is that
that the Planning Commission can have control with the design, have opinions on the design, but the number of
bedrooms should not be regulated.
Chair Tang stated he agrees that you cannot regulate the number of bedrooms but having eight bedrooms with an
occupant in each bedroom, then the determination has to be made on what type of impact that will make in that
neighborhood.
Commissioner Eng asked City Attorney Murphy what type of flexibility the Planning Commission has in situations like
this.
City Attorney Murphy replied the Planning Commission needs to harmonize the code and the code looks for having
sufficient parking on site for the number of residents, which is based on the number of bedrooms. He asked staff if
that was correct.
Community Development Director Ramirez replied yes, and explained that five (5) or more bedrooms require a three-
car garage.
19
City Attorney Murphy stated that to the extent that the Planning Commission is looking at a site that would be smaller
than this one, you could say that the design of five (5) bedrooms is not an appropriate design because the site could
only really handle a two-car garage and not a three-car garage. He added this is a unique circumstance where you
have rooms that are being called bedrooms. and there are rooms that are being used by the applicant for the
childcare, but some have closets, so they are being technically called bedrooms for real estate purposes. He stated
it could be the case that the applicant depending on the way how the plans for the building work, some of those
closets could be removed and if it is removed then technically it would not be considered a bedroom. He stated at the
same time it is an enclosed room that can be used as a bedroom, so he can look at what is technically a bedroom
and what isn't and how that affects parking and the code. He stated in terms of flexibility, to actually tell an applicant,
who meets all of the City standards, that no you can't build a house that has smaller rooms and you need an open
concept floor program because the City is concerned that someone in the future may abuse this lot,that's where from
a legal standpoint you would have to look at the Conditions of Approval to not let that happen in the future and you
would have to trust that Code Enforcement would basically keep an eye on this property. He added in terms of telling
the applicant that they have to make changes to meet the City's concerns and if those concerns aren't reflected by
the codes that the City has adopted are hard to support if the Planning Commission's decisions are challenged. He
stated he understands where everyone is coming from in respect from the doorway area in-between the
existing property and addition and if they need to continue to work on that he is happy to work with staff to make sure
things do not get divided because that is a major concern he has heard this evening.
Chair Tang thanked City Attorney Murphy and requested he read the two (2) new or modified Conditions of Approval
that have been added.
City Attorney Murphy read that the Planning Commission is in favor of a Covenant, so he proposes that Condition of
Approval number 23 be added stating: "The applicant shall execute and record a covenant to the satisfaction of the
Community Development Director that will require the property to remain a single unit and not be divided into two or
more units". He also suggested adding Condition of Approval number 24 stating: "The operation of a Day Care
Facility on the site should take place only in the existing portion of the building and not in the addition permitted
pursuant to this conditional use permit".
Chair Tang stated he is concerned with the Condition of Approval number 24 because he does not know how
enforceable that is. He added if it is not enforceable does it really need to be in there.
City Attorney Murphy stated he is find with removing Condition of Approval number 24.
Commissioner Dang recommended it remains because it will be important if it becomes a Code Enforcement issue
later on. He added that Code Enforcement will have something in writing stating to the fact that the use has
expanded. He commented that there are a lot of things in the code that are difficult to enforce because monitors are
not kept in every corner of the City and it is put there because it is needed as a mechanism for staff.
City Attorney Murphy stated that proposed Condition of Approval number 24 would come into conflict with any kind of
desire on the part of the Planning Commission to widen the doorway between the existing building and the proposed
addition because if you are going to attempt to limit the access of the children who are being served as part of the
business through the addition and into the yard that's just contrary to making the doorway wider. He understands
from a design standpoint and a unification standpoint you would want to open up that space, but then you end up
with how to enforce it, and with a wide doorway what happens if a child runs through or what happens if a child uses
that back area to get back into the back yard. He stated if the Planning Commission would like a condition like that,
then they would need to look at having a door and having it closed off from the back area to the front area but then
that runs counter to some of the other issues they have raised tonight. He stated he has prepared the Condition of
Approval if the Planning Division would like to include it. He stated this is purely a policy decision made by the
Planning Commission.
20
Chair Tang asked if that might run counter to what might be a State regulation on the use of the property for child
care.
City Attorney Murphy replied he would have to research that and it could come back to the Planning Commission as
a staff report if this item is continued.
Commissioner Dang stated he agrees with the City Attorney and if you make it wider it does make it more difficult to
control the children traffic going back and forth. He stated he would like to request retracting whatever he said about
making things bigger because it would make things difficult to control that. He stated he had a few questions for the
family. He asked if they are planning on remodeling the kitchen at all.
Kenny Lu replied from the audience but it was not audible.
Commissioner Dang commented that it is a big house with a small kitchen. He suggested that if they did remodel
they could spend the money and make the wet bar the kitchen and it is easy just to close off the kitchen.
Chair Tang asked if there were any further comments or questions.
Commissioner Dang asked if a recap of some of the architectural notes he has made needs to be read for staffs
purpose.
Community Development Director Ramirez stated yes.
Commissioner Dang stated he would like staff to note that the roof will be a new roof, the water heater vent will be
internal within the walls, the rod iron fence will be re-designed, driveway gate will be pushed back away from the
property line far enough to accommodate a standard size vehicle stall.
Chair Tang asked if the driveway gate is already on the property line does Commissioner Dang still want the
applicant to push the gate further back.
City Planner Valenzuela stated the applicant does have a driveway gate and it is on the property line.
Community Development Director Ramirez stated the fencing would have to be rearranged and she is not sure if they
would be able to do that because it would cut off the front yard.
Commissioner Dang stated the driveway gate will be moved back and the existing fence will remain in its existing
location.
Community Development Director Ramirez stated that a fence will be needed to attach a gate.
Commissioner Dang explained that the fence and wall of the porch will line up and give the security you need.
Community Development Director Ramirez clarified that Commissioner Dang is requesting it be aligned with the front
of the house.
Chair Tang asked the applicant if they understand and agrees with this request.
Kenny Lu asked if this means the original gate will have to be removed and moved back.
21
•
Community Development Director Ramirez showed Kenny Lu what is being requested on the site plan.
Chair Tang explained to the applicant that this is a request by one of the Planning Commissioners, they have an
existing gate, and it is up to them to agree if they want to.
Kenny Lu relayed that his parents would like to leave the gate as is because it will be safer and is controlled by a
remote. He explained that when parents are picking up the children they will open the gate by the remote and the
parents will be parking inside.
Commissioner Dang stated that security would still be achieved if that gate was further back into the property and the
goal is to get the traffic off the street.
City Attorney Murphy addressed Commissioner Dang and stated that the parents also have the option of parking in
the street when picking up their children. He explained the use is pre-existing, so it cannot be conditioned and it
cannot required as part of the design that parents have to pull into the driveway. He explained that the Planning
Commission is here to look at the design of the building and the Minor Exception of where the set-backs are. He re-
iterated what Chair Tang said which is this is an option for the applicant, and the applicant can move the gate up as
requested or the applicant can refuse and certainly the Planning Commission has the ability to say they don't like the
design and to refuse to approve the Design Review. He reminded the Planning Commission that even though this is
a child care use in a R-1 zone, they have the same right to the street and based on State Law they have the right to
operate at this location and to be cautious in trying to make the design conditions into use conditions.
Commissioner Dang stated he agrees that if this is an existing use and the driveway and fence were a pre-existing
condition that was permitted then he does not feel he has the right to ask them to move it back. He requested that
staff check and make sure the applicant has a valid fence/gate permit.
Community Development Director Ramirez stated one of the conditions does state they have to apply for the proper
permitting for the fencing.
Commissioner Dang asked if there was permitting on the current fencing.
Community Development Director Ramirez replied the existing fencing is changing, so it is the new fencing they will
have to get a permit for.
Commissioner Dang asked if the Planning Commission has the right to request they set the fencing back, so it will
not interfere with traffic flow.
Community Development Director Ramirez stated they are planning to keep the fence in place, they are not planning
on moving it. She stated this was sent to fifty-eight (58) residents and if this had been an issue with blocking
driveways or parking on the street, then residents would have been present this evening to speak of that
concern. She stated staff has not received any concerns related to those issues. She stated it is Condition of
Approval number 19 that states a fence permit shall be required prior to approval of the subject property.
Commissioner Dang asked if it can be requested at that time that they obtain a queuing reservoir so it gets the traffic
off the street.
City Attorney Murphy replied he is not sure about the term getting traffic off the street and single car queuing.
Commissioner Dang explained what he was envisioning was peak hours, three different families, picking up three
different kids, and the first car is honking at the horn waiting for someone inside to open the gate remotely, while the
other two families show up waiting behind him,so there is a queuing effect in a residential street.
22
Community Development Director Ramirez stated if that is a concern during the peak hours, which the applicant
stated they are 8:00 am to 9:00 am and 4:00 pm to 5:00 pm., maybe a condition can be added stating during those
peak hours the gate must remain open.
Commissioner Dang stated that may become a security issue for the family but the City Attorney can advise if that
can be done.
City Attorney Murphy stated with respect with the gate being open there is a day care facility that needs to be remain
gated and in respect to telling the applicant they can't pull into the driveway, you are dealing with the operation of the
use, and not the design of the building and grounds. He stated if this item was coming in as a Conditional Use
Permit for the use, then you could talk about the drop off and pick up hours of use, but here you need to focus on the
design and make sure the design meets the code and community standards.
Commissioner Dang stated what he was trying to convey is that any driveway gate, whether it is for the day care, a
tract home, or his own home, should not be at the property line. He added he has an automatic gate, and if he has a
guest arrives they should not be parked on the sidewalk honking his horn waiting to get in. He added he could be in
the shower and not hear them and his question was geared towards just having cars in driveways in general.
City Attorney Murphy stated unfortunately placement of fencing and gates is something that needs to be taken care
of by looking at the Municipal Code. He explained that is something the Planning Commission can take to City
Council and say for the betterment of the community they believe that the municipal code rules regarding where
fences and gates go needs to change. He added but in the meantime the Municipal Code needs to be applied as
written and refer to the design aspects rather than where it is located.
City Planner Valenzuela stated the Municipal Code currently states that fencing is permitted right at the property line.
City Attorney Murphy asked if that includes driveway gates.
City Planner Valenzuela replied yes.
Kenny Lu stated that during peak hours parents do park in the street and walk in to pick up their children.
Commissioner Dang stated that if this is an existing business, he is not in any position to tell them how to mitigate
traffic measures.
Chair Tang stated it is a recommendation.
Kenny Lu stated he will explain to his father that this is a recommendation but currently he would like to keep the
existing gate.
Commissioner Dang stated he has one more note for staff to incorporate split face onto the block walls and include
the fascia boards.
Chair Tang asked for a motion.
Commissioner Herrera made a motion, seconded by Vice-Chair Lopez, to ADOPT Resolution No. 16-03 with
findings and APPROVE Design Review 15-09 and Minor Exception 15-10, subject to the 22 conditions of
approval. (Conditions of Approval number's 23 and 24 were added by the Planning Commission).
Vote resulted in:
Yes: Dang, Herrera, Lopez, and Tang
No: Eng
Abstain: None
Absent: None
Community Development Director Ramirez stated the motion passes with 5 Ayes and 0 Noes and explained the 10-
day appeal process.
4. CONSENT CALENDAR
A. Minutes of 1.4-16
Commissioner Eng stated she has one correction to PC Minutes 1-4-16, page 3, the first sentence, the word "code"
is incorrect.
B. Minutes of 2-1-16
Vice-Chair Lopez made a motion, seconded by Commissioner Dang, to approve PC Minutes of 1-4-16 with
correction and PC Minutes 2-1-16 as presented.
Vote resulted in:
Yes: Dang, Eng, Herrera, Lopez, and Tang
No: None
Abstain: None
Absent: None
Community Development Director Ramirez stated motion passes 5 Ayes and 0 Noes.
5. MATTERS FROM STAFF
Community Development Director announced the time,date, and location of the next Community Watch meeting.
6. MATTERS FROM THE CHAIR&COMMISSIONERS
Commissioner Herrera asked if there is a Planning Commission meeting on April 11, 2016.
Community Development Director Ramirez replied no, the next meetings will be held on April 4, 2016 and April 18,
2016.
Commissioner Herrera stated she will be absent for the meeting to be held on April 4, 2016.
Commissioner Dang stated he will also be absent for the meeting to be held on April 4, 2016.
Commissioner Herrera stated the business located on Delta and Valley is looking good.
Commissioner Dang stated he has seen a lot of graffiti along Valley Boulevard.
?4
Community Development Director Ramirez stated that a "CRM" may be submitted on the website and Public Works
will take care of it right away.
Commissioner Dang asked if in general the graffiti crew does drive around.
Community Development Director Ramirez replied yes.
Commissioner Dang stated he saw it on a private business building.
Community Development Director Ramirez stated if it is on a private business, then staff works with the property
owner. She recommended putting in the request through the City's website and the graffiti crew will address it.
Commissioner Dang stated not in Rosemead. but he has noticed a lot along the 10 Freeway.
Commissioner Lopez commented that furniture is being left out on sidewalks but location was not audible.
Community Development Director Ramirez stated that happens a lot when tenants are moving out and that issue can
also be reported through the City's website and it will be taken care of.
Commissioner Eng stated that various items have been left in her alley way. She referred to a project located in
Arcadia dealing with a logistics facility and asked when major projects are taking place in neighboring cities does the
City of Rosemead get notified.
Community Development Director Ramirez replied yes.
Commissioner Eng asked if the City takes the opportunity to review the impact and mitigation measures to see how it
would impact the City of Rosemead.
Community Development Director Ramirez replied yes.
Commissioner Eng asked if the staff lets them know of their concerns.
Community Development Director Ramirez replied yes, it is put in writing every time.
Commissioner Eng requested that the Planning Commission gets notified also when the City receives these
notifications of intense projects so they may support staff. She added she would like the opportunity to go to the
public hearings in regards to these projects to show support to staff and voice her concerns.
Community Development Director Ramirez stated she can make sure that City Council is aware of her
request because the letters are sent to them with staffs comments.
Chair Tang stated that he had the opportunity to attend the Planning Commissioners Academy in San Ramon and
reported he had a great time, it was a very valuable learning experience, and the conference covered a variety of
information. He added next year it will be held in Los Angeles and encouraged his colleagues to attend.
Commissioner Herrera asked when the Planning Commissioner's Academy is held.
Community Development Director Ramirez replied it is usually held in February but as soon as a date is available
she will make sure the Planning Commission is aware of it.
25
Commissioner Dang referred to pictures regarding water heaters and its location on the side yard that was prepared
for this evening's meeting. He stated if the water heater is within the courtyard it can project 24 inches into it and if it
is visible from the street it has to be screened. He recommended if the word screened is used it should be with
vegetation or behind a block wall. He stated the vent itself should not be propped up and projected beyond the
eaves. He stated the mechanical code just ask for it to terminate two feet above the roof but a lot of contractors just
cheat and cut around corners and lean it out beyond the eave. He stated it would be visually more appealing if it goes
straight up and painted to match the house. He requested for future projects that staff ask developers to put the
vents up through the roof as opposed to leaning it out beyond the eaves.
Community Development Director Ramirez explained this project was approved by a former staff member who is no
longer with the City and unfortunately is not able to be asked if those request had been made. She stated because it
is in the Municipal Code staff is able to require that the resident provide screening. In addition, staff requested the
direction of the vent be changed, which the resident agreed to do. Staff also requested they paint the vent, which
they have not agreed too, but the Municipal Code does not require that they paint it, and does not require them to go
through the roof. She reiterated what City Attorney Murphy stated in regards to going to City Council recommending
the Municipal Code be changed in regards to this item. She stated staff always makes these types of requests but if
it is not addressed in the RMC,then the applicants don't have to do them.
Commissioner Eng asked if a plan needs to be submitted for something like this.
Community Development Director Ramirez replied yes and sometimes they do and sometimes they don't. She
added when they get caught staff tries to work with them because most of them are financially strapped.
Commissioner Eng stated change will need to begin and the Beautification Committee has been working very hard in
trying to beautify the City. She added there are a lot of Municipal Code issues that need to be addressed and it will
help with property values, aesthetics, and increases the community.
Community Development Director Ramirez agreed with Commissioner Eng and stated that staff does the best it can,
and works with everyone that comes in. She explained that staff does look at theat it aesthetics, but if it is not in the
RMC,then the applicant does not have to agree to staffs direction.
Commissioner Eng thanked staff and Commissioner Dang for his diligence and caring for the community.
Commissioner Dang thanked Commissioner Eng. He reiterated on some of the concerns of construction cost. He
stated he looked into it, and reported the cost and economic impact will be minimal. He referred to the screening of
the water heater and would like the language on how to screen it addressed to avoid confusion on how it is
screened. He added if it is alright with the Planning Commission, then he would not mind following up with City
Council to see if they would entertain the idea of language stating the vent should go up vertically perforated through
the roof.
Community Development Director Ramirez commented that the Building Division will need to be involved because
there could be cases where they would not want it to go through the roof. She explained in this case, the resident did
not want to go through the roof since it was a brand new roof. She explained that the resident was willing to do a
vertical angle.
Commissioner Eng asked if the City has a bucket list of Municipal Codes or things that need or want to improve.
Community Development Director Ramirez replied yes.
Commissioner Eng requested this issue be added to that list.
26
Commissioner Dang stated for the record this water heater was not shown on the plan and was called in by him, and
this contractor tried to bootleg something and doesn't have a reason to not help staff out. He stated he would like to
reiterate that and it is his fault he tried to cheat the City and wasn't on the plan. He explained that he went to Google
Earth and there was no water heater there in the first place. He added he would bring this up to the City Council.
Commissioner Herrera asked what the required height for fencing on the side is.
Staff replied it can be 6 feet tall.
Commissioner Herrera asked if that is all the way to the front property line.
Staff replied no. it is required that the first 20 feet is 4 feet.
Commissioner Herrera expressed a concern with Delta Avenue.
Community Development Director Ramirez stated in their case they are going to install 6 foot screening.
7. ADJOURNMENT
Chair Tang adjourned the meeting at 9:43 p.m.
The next regular Planning Commission will be held on Monday, March 21, 2016 at 7:00 pm in the Council
Chambers.
John Tang
Chair
ATTEST:
Rachel Lockwood
Commission Secretary
27
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