Pc - Item 4A - Minutes of August 21, 2017Minutes of the
PLANNING COMMISSION MEETING
August 21, 2017
The regular meeting of the Planning Commission was called to order at 7:00 p.m. by Vice -Chair Tang in the City Hall
Council Chambers located at 8838 E. Valley Boulevard.
PLEDGE OF ALLEGIANCE — Commissioner Eng
INVOCATION — Commissioner Lopez
ROLL CALL — Commissioners Eng, Herrera, Lopez, and Vice -Chair Tang
ABSENT - Chair Dang
STAFF PRESENT: City Attorney Murphy, Interim Community
Fajardo, Assistant Planner Lao, and Commission Secretary L
1. EXPLANATION OF HEARING PROCEDURES AND
City Attorney Murphy presented the procedure and appeal
2. PUBLIC COMMENTS FROM THE AUDIENCE
None
3. PUBLIC HEARINGS
RIGHTS
the meeting.
'ity Engineer
A. MODIFICATION 17-05 — Connecticut Ave. XB, LLC has submitted a Modification Application requesting
to modify Design Review 14-06. Design Review 14.06 was approved by the Rosemead Planning
Commission on September 15, 2014, for a mixed use project consisting of a 6,500 square foot retail
building fronting Garvey Avenue and 48 residential units in the rear. To incorporate restaurant use, the
applicantis proposing to re-classify the retail use to a shopping center use. Parking will not be
impacted as the parking requirements for a shopping center is consistent with retail use. The subject
site is located at 9036-38 Garvey Avenue (known as 9048 Garvey Avenue), in the Medium Commercial
with a Mixed Use and Design Overlay (C-3/MUDO/D-0) zone. Per Rosemead Municipal Code (RMC)
Section 17.120.110(C), a 'proposed change that does not comply with the criteria identified in
subsection B of [RMC Section 17.120.110], or any other provision of the Zoning Code, may only be
approved by the original review authority for the project through a modification permit application filed
and process in compliance with [RMC Chapter 17.120].
PC RESOLUTION 17-17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 17-05,
A MODIFICATION OF DESIGN REVIEW 14-06, TO RE-CLASSIFY THE COMMERCIAL COMPONENT OF
THE MIXED USE PROJECT TO A SHOPPING CENTER USE, FOR THE INCORPORATION OF
RESTAURANT USE. THE SUBJECT SITE IS LOCATED AT 9036-38 GARVEY AVENUE, IN THE MEDIUM
COMMERCIAL WITH A MIXED USE AND DESIGN OVERLAY (C-3/MUDO/D-0) ZONE (APN: 5282.026-
052).
STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No.
17-17 with findings and APPROVE Modification 17-05, subject to the 102 conditions.
Assistant Planner Lao presented the staff report.
Vice -Chair Tang asked the Planning Commission if there were any questions or comments for staff.
Commissioner Eng asked if the five tenant spaces in the commercial area will all be equal in size, in terms of square
footage, or is it changing.
Assistant Planner Lao replied that the existing floor plan for the commercial building will not be changing.
Commissioner Eng stated there are five tenants, it is 6,500 square feet, and asked if it will be 1,300 square feet per
tenant space.
Assistant Planner Lao replied they will not be exactly the same size because Suited is a little different.
Commissioner Eng asked if there will always be five tenant spaces.
Assistant Planner Lao replied yes.
Commissioner Eng asked how many food retailers are being proposed for this development.
Assistant Planner Lao replied that question may be deferred to the applicant.
Commissioner Eng referred to parking analysisin the staff report on page four, where parking standards are
explained and asked if this parking standard was in effect when this project came up.
Assistant Planner Lao replied yes.
Commissioner Eng stated there were changes made to the parking code and asked staff when they were made.
Interim Community Development Director Valenzuela replied it was in November "2013".
Commissioner Eng stated she specifically brought up the issue of parking regarding restaurant use for this project
and read the bottom of page four, of the Planning Commission minutes from September 15, 2014, regarding
commercial parking standards and restaurant parking requirements. She stated she took what she read as face
value, this has 26 parking spaces, and the staff report indicates that a traffic study is not required. She asked staff
whathappened.
Assistant Planner Lao explained that the parking study was staff's initial response, but there is a new buyer and they
initiated the conversion of the commercial lot to a shopping center use. She added staff consulted with the City
Attorney and the City Engineer and the City Engineer stated that because the building is 6,500 square feet, he did
not foresee any traffic or parking impacts.
City Engineer Fajardo explained that the traffic impact analysis was initially based as a shopping center (non -retail)
and it is now being converted into a shopping center. He added the generated trips will be the same, so it will not be
a major impact regarding traffic.
Commissioner Eng stated restaurants are a more intense use and as a matter of planning that is why the restaurant
parking requirement is one space per 100 square feet. She requested staff to clarify this because this concern came
up.
Interim Community Development Director Valenzuela explained that the original intent for the applicant was to
not incorporate restaurant use. She added the commercial property, however, was purchased by a new owner
who reached out to staff stating that this meets the requirement of a shopping center. She said that is why staff
contacted the City Attorney and the City Engineer to confirm if the applicant met the requirement. Staff was told by
both the City Attorney and City Engineer that they meet the requirements and that is why the applicant is requesting
to incorporate the restaurant use to this shopping center.
Commissioner Eng stated her concern is that specifically at that time, when the project was presented, it was asked if
there was a different parking standard for restaurant use, and if the applicant was requesting restaurant use. She
added that she understood it if they wanted to incorporate restaurant use it would: require a parking analysis. She
added if they had met at that time, they should have been told, and then this modification would not be necessary.
Interim Community Development Director Valenzuela stated that staff d',
project property being sold to two owners. She explained they intended tf
it was brought to staff's attention that Preface LLC had sold the residential
to sell the commercial portion. She added at this point the new owr
requirements for a shopping center, requested it, and this is why it's being
Commissioner Eng addressed the City Attorney and stated this
commercial building is on a separate parcel when it was developed.
City Attorney Murphy replied one parcel was presented to the
and deferred the explanation to the Interim Community Develol
Interim Community Development Director Valenzuela s
Planning Commission, the intent was to create two parce
Tentative Tract Map that was approved by the Planning C
Commissioner Eng asked what the maximum capacity for
d not have, any intention of the mixed-use
is as being one project, however, in '2015"
portion to Benchmark, and their intent was
ers contacted staff, stated they met the
presented.
was a subdivision and asked if the
and it was subdivided into two
Tact Map 72871 came before the
ent. She explained that the original
parcels.
restaurant use is.
Interim Community Development Director Valenzuela stated that question can be deferred to the applicant.
Commissioner Eng asked if a condition of approval will be added requiring a grease trap because this project was not
intended initiallv for a restaurant use.
Development, Director Valenzuela replied yes, it will be added.
Vice -Chair Tang asked when Preface LLC sold the property.
Interim Community Development Director Valenzuela replied it was in the year "2015" that staff was told that the
residential section had been sold to Benchmark Communities.
Vice -Chair Tang asked if this is common for some mixed use developments to be converted into shopping centers,
not only in this community, but in other nearby communities also.
Interim Community Development Director Valenzuela explained that all the mixed use developments that have been
approved in the City of Rosemead have been vertical projects and this is the first horizontal project.
Vice -Chair Tang stated that for technical legal language a definition of a shopping center was given. He asked if a
shopping center can exist with this type of mixed use development, as it was originally intended.
City Attorney Murphy replied he does not see any reason why the commercial portion of any mixed use development
couldn't be a shopping center the way the City of Rosemead's code is written. He added in this case the map that
was approved said retail, it could say restaurant, it could say office, or it can say shopping center. He stated a
shopping center is a means of saying they are going to have a combination of retail and restaurant, and maybe retail,
restaurant, and office. He said by clustering those uses together with at least four different tenants in the given
zones and either under less than 100,000 square feet or in some cases more than 100,000 square feet, you will set
certain parking ratios, and certain types of requirements for those uses. He added in Rosemead when you have a
shopping center what you are expecting is a certain mix of restaurants and retail instead of just one or the other. He
stated the way the Council adopted the definition has made a policy determination that where you have those uses
clustered together they are willing to accept the one per 250 parking ratio, rather than requiring the one per 100 for
restaurant up to a certain square footage for restaurants, and up to one per 250 for the remainder that would have to
stay retail. He stated it is a policy decision, certainly within the rights of any city to set that or make that kind
of decision and that is how this came to be in terms of how it fits in mixed use, and it can be done in this type of
horizontal mixed use. He added it could also be done in a vertical mixed use unless there is something in the code
that specifically would not allow it.
Vice -Chair Tang asked if that is the original intent for that definition to create this parking standard of one per 250
square feet is to make sure there is consistency since there is a restaurant requirement for parking and retail
requirement.
City Attorney Murphy replied it was a policy determination that they want to
multiple tenants, and it's to say, given there are going to be multiple tenan
parking. He stated one is to set a single ratio for the entire center, and the s
up to a certain square footage for restaurants, and restaurants may be parke
the remainder would be for retail and parking for retail would be one per i
numbers would be figured out and parking fields would be set. He added if t
come in, want a new restaurant, may not know the restrictions, and the Cit
need to be invalidated, because it is against the Cities'' approval. He exp
shopping center ratios and give the owner flexibility.
Vice -Chair Tang asked what the parking ratio for a stand-alone restaurant is.
Assistant Planner Lao replied it is one parking space per 100 square feet.
Commissioner Eng questioned if that ratio is for a stand-alone restaurant.
Assistant Planner Lao replied yes.
try to build these shopping centers with
s; there are only two ways to figure out
)cond is to say that the center may have
J at one per 100 square feet. He added
50 square feet. He explained then the
us route is taken then a new owner may
i'may come in and say their lease may
ained that it makes sense to set these
Vice -Chair Tang stated that the definition that was provided by staff didn't say that this was a combination of retail
and restaurant, he said it says, "shared businesses or managed as a total entity". He asked if the code specifies that
it is a combination of retail and restaurant use.
Interim Community Development Director Valenzuela replied that it states commercial site, so restaurants, retail, and
office is considered commercial uses.
City Attorney Murphy explained one reason why they talk about it being managed as a total entity, you don't want to
say it has to be one parcel, often times some of the bigger and better tenants will want their own parcel. He
explained like Target would be one of them, or if there was a Lowes or Home Depot, it would be the same thing they
would want to own their own box He stated so you look at the management itself otherwise you end up with odd
results.
Vice -Chair Tang stated if the original proposal on the project was mixed use, he asked if they are now looking at this
as two separate uses and not as a mixed use anymore.
Interim Community Development Director Valenzuela replied that the components are still there, the commercial
component is still at the 6,500 square foot retail building, and the residential is remaining in the rear. She added this
would remain the same.
Vice -Chair Tang stated so this would be looked at a broader perspective and would still be considered as a mixed
use project.
Commissioner Eng asked what the current parking standard for shopping centers is with less than 100 square feet
with occupied space for restaurants.
Interim Community Development Director Valenzuela replied shopping centers with four or less uses would be
parked at one per 100 for the restaurant use and for retail and office it would be one ,per 250. She stated for
shopping centers with five or more tenant spaces the definition in the code allows for one per 250 for every use,
regardless.
Commissioner Eng asked if that is for more than five tenants.'
Interim Community Development Director Valenzuela replied yes.
Commissioner Eng asked if it is five tenants and below then it stays at 250.
Interim Community Development Director Valenzuela clarified it is four tenants or below.
Vice -Chair Tang
100,000.
Commissioner Eng
it if it is four and below it is 100 and 250, five and above it is 250 flat, or less than
of shopping centers have been developed recently.
Interim Community Development Director Valenzuela replied there are a lot of
Rosemead.
Commissioner Eng asked what the parking standards are for the smaller ones.
Interim Community Development Director Valenzuela replied it is one per 250.
shopping centers in the City of
Vice -Chair Tang asked the Planning Commission if there were any further questions or comments for staff.
None
Vice -Chair Tang opened the Public Hearing and invited the applicant to the podium.
Patsy Ma, stated she is from BP International, Inc., and Representative for the new owner, who is Connecticut Ave.
XB LLC, who is the new developer. She stated they acquired the property in "2016". She stated she is the marketing
leasing agent for this project; they reached out to national, regional, and local tenants, to find out who may
be interested in this site and new development. She added they received interest from fast food tenants such as
Waba Grill, Firehouse Subs, Sub Sandwich chains, Papa John Pizza, and different hamburger chains. She stated
the franchises like that this is a single -story site rather than a multi-level mixed use and that parking is on grade, so it
is convenient for them. She addressed Commissioner Eng's question on the type of restaurants and explained these
are mostly all fast food, quick serve restaurants, and are not the type that you will sit-down, tablecloth, and waited on
restaurants, where patrons will sit for hours. She added the other food type restaurants that are interested are
dessert concepts such as ice cream, tea, and bakery. She added parking will vary with different times of the day and
there will be shared trips. She stated this project will be a synergy of different uses with a quick dinner, coffee or tea,
and then a trip to the bakery for dessert. She added there will be retailers too but from the people they have spoken
with three to four will be quick serve and one to two will be retail use. She stated the retail vendors have been
considered are cell phone vendors, beauty products, and cosmetic vendors. She explained that the fast food
vendors will probably seat 20-35 patrons that each unit is about 65 feet deep, and the average is about 1,300 square
feet per unit. She referred to the grease trap and because the majority of interest is fast food, the developer has
discussed this with Building and Safety, and it has been agreed that there will be a community grease trap. She
added management will maintain as joint common area maintenance and that will control the cleanliness. She added
the project being part of a mixed use and there are CC & R's in place, as well as the easement, the parking lot that is
being used by the shopping area is going to be managed by Benchmark (parking lot lights, timing, landscaping, and
maintenance) and further details are still being made. She stated they have received written proposals from Waba
Grill and Vince & Tails which is a poke restaurant. She stated these are regional and national products they are
seeking where they know what their ambiance and their design looks like to make this a successful project.
Vice -Chair Tang asked the Planning Commission if they had any questions for the applicant.
Commissioner Eng thanked the applicant for addressing and clarifying some of her questions. She asked if the CC &
R's have been recorded, finalized, or are they a work in progress.
Representative Patsy Ma replied it is a recorded CC&R's.
Commissioner Eng stated there are now two separate owners and asked if the commercial parcel is being managed
by the management for the residential parcel.
Representative Patsy Ma replied there may be changes because the CC&R's were developed when the same
developer had both projects. She addedConnecticut Ave. XB just inherited the CC&R's and it is a recorded
document.
Commissioner Eng asked if the management of the commercial parcel itself will be the same property manager as
the residential.
Representative Patsy Ma replied as it stands currently the CC&R's state that the residential portion will be managing
the common areas, which is the parking, landscaping, and will probably have control of the parking lot lights in the
parking area. She added the building footprint like building lights, the cleanliness, trash receptacles; those will be
managed by the commercial building; owner, just the shared parking and landscape.
Commissioner Eng asked if foreseeably there will be two management companies.
Representative Patsy Ma replied yes, and stated it may be one, but it can be two.
Commissioner Eng asked City Attorney Murphy if that is a common practice or will this create issues in regards to a
mixed use.
City Attorney Murphy stated it does not create issues for legal, but it may create issues for staff, in terms of making
sure they know who bears responsibility if there are any code enforcement issues.
Commissioner Eng asked if the intent is to have the majority of the units to be fast food franchises.
Representative Patsy Ma replied three to four units will be fast food.
Commissioner Eng asked if the new owner is still proposing to keep this as five units.
Representative Patsy Ma replied yes.
Commissioner Eng asked if that will change.
Representative Patsy Ma stated the new owner acquired 6,500 square feet of space, it can be divided into five units,
and that is the best choice right now.
Commissioner Eng asked if there are any plans to consolidate a couple of the units to have a bigger space
Representative Patsy Ma replied no, because they need the five units to be a shopping center.
Vice -Chair Tang asked if this item is not approved what they foresee for this space, will they just get more retail
tenants, or what is the process.
Representative Patsy Ma replied speaking in behalf as a real estate practitioner, she sees this turning into another
older strip center type of uses with a beauty salon, real estate office, or insurance office, not that they are a bad, but it
is a different synergy than what they can foresee with such a beautiful design. She stated it is hard to find a single -
story shopping center, so the quick serve would serve the city and everybody much better.
Vice -Chair Tang asked if there was anyone else
None
Vice -Chair Tang closed the Public Hearing and asked
or comments.
Commissioner Eng recommendE
regarding the grease trap be incl)
City Attorney Murphy addressed
into the record, they can approve
include a number of sub conditk
would be the grease trap, any E
anything else the city normally ar
17 and add them as Sub A, B, or
this
Commission if there were any further questions
be approved as a mixed use, then a condition of approval
the Planning Commission and suggested rather than him trying to read everything
this item and give direction to staff to amend Condition of Approval number 17 to
ins that would be the standard conditions related to restaurants. He stated that it
:hahges to the trash, rubbish, garbage receptacles, venting to the restaurant and
plies to restaurants. He stated this can all be put into Condition of Approval number
Commissioner Eng stated she was excited when this project was brought up, especially because of the housing
component, there is a need for housing, and it is a nice project to provide that. She stated that having 26 parking
spaces for three or four restaurants is a little bit optimistic and her concern is that the residents behind the
restaurants may be impacted. She added this item does meet the municipal code based on the city's current
standards and the Planning Commission did not anticipate something like this because when the project was
presented, they took the applicants presentation as face value and that they had no intention of including food
retail into the development. She stated she especially asked directly about this. She doesn't understand that
the developer would turn around and decide to sell the commercial parcel. She expressed that she understands the
business needs and business decisions change, but this project was to have that tied in. She expressed
concern that having four or five quick serve units with 26 parking spaces may be a little optimistic, but she can see
that having one or two may be reasonable.
Commissioner Herrera asked if there is a limit to the amount of eating establishments or is there a maximum.
Assistant Planner Lao replied no, and stated if it is classified as a shopping center, then it is parked as one per 250,
so they may propose to have five.
Commissioner Herrera commented that there will always be five then.
Commissioner Eng stated that the applicant will have to have five tenant spaces to qualify as a shopping center.
Commissioner Herrera commented there has been change but expressed it as not negative change.
Vice -Chair Tang expressed concern that the subdivision was allowed. He stated when he voted for this initially and
he was excited about the synergy of this horizontal mixed use on Garvey i Avenue, which needs good
development. He stated now, there are two owners and it creates a complexity of how issues will be solved with code
enforcement and etc. He added this was a nice project with a lot of potential, a mixed use with affordable housing,
and easy access for families to eat, work, and play. He commented that he agrees with foodestablishments being
allowed, but expressed concern that 26 parking spaces is not for three to four food' establishments. He
referred to the Rosemead Shopping Square where the (Wing Stop, The Habit, and Chipotle) are located and stated if
that area was limited to 25 parking spaces consumers would be unhappy, and it would create spill over parking to the
other areas and in this shopping center there is room. He expressed concern because for this mixed use the spill
over parking would affect the residential neighborhood. He stated the Planning Commission is consistently hearing
concerns with commercial establishments that abut residential properties and reckless or lack of parking. He stated
his main concern is that 26 parking spaces is highly inadequate for three to four food establishments and the
Planning Commission would be doing a disservice for the consumers that would frequent these locations.
Commissioner Herrera
Commissioner Eng
food establishments
Commissioner
food and leavE
your food, and leave, so the in
they are small food establish
always be parking concerns a
staying for long periods of time.
Vice -Chair Tang stated he agrc
yet if these will be quick servE
where patrons want to sit-down
it can be limited to three eating establishments.
that staff work' with the applicant to help on how parking concerns can be mitigated if
fed.
d that these are not sit-down restaurants, these are drive-thru, or park, and get your
>e establishments are not large enough to have sit-down restaurant and the Planning
is on a lot of ifs. He stated most strip malls are like a Subway where you park, order
i and out traffic should not be a problem. He added whether there are three or five,
ments, and he does not foresee any issues with this item. He expressed there will
nd reiterated that these are not sit-down style restaurants where the patrons will be
with Commissioner Lopez but the commercial property owner has not established
tablishments. He asked what if a Starbucks or an ice cream concept comes in
extended periods of time.
Commissioner Lopez recommended that a condition of approval be established that requires the applicant to reapply
for that type of sit-down establishments.
Vice -Chair Tang recommended that perhaps both can be achieved where they find adequate parking and encourage
amazing food restaurants come in.
Commissioner Lopez stated he does not want to say no based on what may happen. He added the Planning
Commission voted on this mixed use for a reason and even when it was voted for retail he had hoped they would
bring restaurants or eateries. He added this modification is requesting a mall and he does not see anything wrong
with this.
Commissioner Eng stated that this is an opportunity for the applicant to work with staff because we want this to work
and to work successfully. She commented that even if this is a quick serve such as Subway or Ono's, they will still
sit-down for 30 minutes or so, and it will not be just an in and out service. She added she agrees with Vice -Chair
Tang that 26 parking spaces are optimistic for three to four food units. She asked staff what measures they would
like to see if these food units come in.
City Attorney Murphy addressed the Planning Commission and stated there are two Planning Commissioners that
are willing to move forward and two are requesting more information, more restrictions, and conditions where staff
would be working with the applicant. He recommended that staff and the applicant work together and bring this item
back when all five Planning Commissioners are present because this may be a two to two vote anyway. He stated
this is an option and referred the item to Interim Community Development Director Valenzuela for her
recommendation.
Interim Community Development Director Valenzuela stated
Commission has dedicated a number of units to the shopping
like to request that three units are dedicated as fast food esta
will help mitigate this issue. She addressed Commissioner E
code does not define quick serve. It only refers to it as fast
difficult to decide what quick serve is and sit-down because a
too and it would be considered sit-down. She stated it puts
allowed or what is not allowed.
Vice -Chair Tang asked whether it is defined as fast food or a
per 100 square feet.
Interim Community Development Director Valenzuela replied
that in the past, for shopping centers, the Planning
;enter. She added if the Planning Commission would
lishment out of the five, staff is supportive of that, if it
g's reference to quick serve and stated the municipal
)od and restaurant sit-down. She explained that it is
ypical Poke Restaurant would have chairs and tables
staff in a difficult stance in telling applicants what is
parking requirement is still one
but for shopping centers, it is one per 250.
Vice -Chair Tang stated there is a parking standard one per 100 for food establishments for a specific reason,
because it is known that regardless if it is fast food or sit-down, people may decide to park and have the option to
dine there. He recommended finding different options and finding a way to increase parking, so that there will not
have to be limits on food establishments:
Commissioner Eng expressed that she would like this establishment to be successful, customers to be satisfied, and
want to continue coming back.
Vice -Chair Tang stated that there may be four to five quick food establishments, but his main concern is that there is
one shared driveway, and as the food establishments gain popularity, it may create parking issues in the future.
Commissioner Eng commented that area on Garvey Avenue is always congested with traffic.
Vice -Chair Tang stated he agrees with the City Attorneys recommendation with staff working with the applicant, but
does not feel 26 parking spaces is adequate. He asked if the Planning Commission had any other comments.
Commissioner Lopez stated he agrees with the recommendation of staff working with the applicant.
Interim Community Development Director Valenzuela asked the Planning Commission which direction or
solution would they like staff to take while working with the applicant.
Commissioner Eng recommended that staff look into what the neighboring cities are doing in terms of shopping
centers.
Interim Community Development Director Valenzuela addressed the City Attorney and stated if staff is abiding by the
municipal code she asked for his recommendation to apply additional rules to this shopping center.
Vice -Chair Tang stated while the City Attorney is researching that, this project is currently under construction, and
asked what percentage has been completed.
City Engineer Fajardo replied but it was not audible.
Interim Community Development Director Valenzuela explained the commercial area has recently just pulled permits
Commissioner Herrera asked if the residential area has their own parking that has nothing to do with the commercial
area.
Interim Community Development Director Valenzuela replied,: yes. She also added that for mixed use projects, the
goal for planners is to create walkability, have them pedestrianfriendly, and to have uses such as restaurants, so
people living in the residential units are able to have access to the restaurants. She explained that a lot of the
customers may be the residents that live in the residential units and not patrons from other cities, or from just driving
by. She added it will be a mixture of both, but the main goal for mixed use is for the residents living in the residential
units.
Commissioner Eng stated that they are providing a service to the City, residents, and the Planning Commission does
not want to limit them.
Commissioner Herrera asked what about the recommendation of limiting them to three units because this would be a
compromise.
Interim Community Development Director Valenzuela replied that has been done in the past, and if requested by the
Planning Commission, the applicant may be asked if they are agreeable to that request.
Representative Patsy Ma explained that three units will not be workable because they are trying to create a
synergy. She added there is not a definition of fast/quick serve they are all fast food. She added that if they have a
coffee concept there will be a bakery, coffee shop, then a fast food, and then a tea. She added they need a mixture
so patrons may visit a variety of options. She added that it does meet the zoning code in regards to parking. She
explained the common area parking arrangement that was made at a previous mix use project with a hotel
in Monrovia and stated it is working out well.
Commissioner Eng stated when this project was initially approved the Planning Commission they did not anticipate
having food use go in it. She requested that staff take the opportunity to make sure conditions of approval that are in
place address and preserve the goal of what a mix use is.
City Attorney Murphy stated there are two things, the Director has asked if the code has a requirement and how does
staff work with it. He added he did try to find the code section online but it was not immediately available, often times
the parking standard will have standard parking ratios but in a circumstance where a standard ratio is not sufficient or
maybe too onerous the ratio can be departed from with a parking study. He added he would need to look at the code
language to be sure there is not some flexibility there. He added the second item is Condition of Approval number
27, requiring a parking management plan for approval by staff, and then the incorporation of that plan into the
CC&R's. He added in respect to how the parking spaces are used that parking management plan needs to be done
and he does not know where that is. He referred to the very last page of the packet for this item and where the lots
10
are split across the front, there needs to be a sign and some striping to separate out parking spaces that look like
they are part of the commercial lot, but have to be dedicated to the residential lot as guest spaces. In terms of the
way that parking management plan is going to work, that's one aspect of it and he does not know if the parking
management plan has been done yet. He stated that plan may resolve some of the concerns.
Commissioner Eng asked if staff has seen the parking management plan.
Interim Community Development Director Valenzuela replied yes, it was reviewed by City Attorney Murphy, and
it has been approved.
City Attorney Murphy asked how long ago this was.
Interim Community Development Director Valenzuela replied it was a year ago.
City Attorney Murphy stated it would have to be brought back to look at and to know where it is, see what it says,
where the state of parking is going to be, and where we will go from there. It was approved as the initial approval
and not the changes, so it is a matter of changing the parking management plan to take into account the changes to
the project, then they will take a look at that.
Vice -Chair Tang stated there are ten parking spaces allocated for the residential that don't have any barriers or a
security gate that says these are the commercial parking spaces and these are the residential spaces. He asked staff
if there is a potential that anyone can park in a residential stall even if there is a marked sign.
Interim Community Development Director Valenzuela replied they shouldn't and the residential parking is separated.
Vice -Chair Tang asked if there is a barrier that separates them.
Interim Community Development Director Valenzuela replied there will be signs stating, "Residential Parking Only".
Vice -Chair Tang stated when people are desperate they will park anywhere.
Interim Community Development Director Valenzuela stated it will be up to the security guard or Management
Company.
Commissioner Herrera questioned if people; really do that and if she sees handicap parking she does not park there.
Vice -Chair Tang stated they have heard issues of this all the time and of people parking in someone's driveway. He
added he hears a majority of consensus that the Planning Commission would like to see staff work with the applicant
to devise a plana
Interim Community Development Director Valenzuela clarified if the Planning Commission is requesting that the
applicant do a parking study, to see if the parking can accommodate the restaurant use. She stated that would be
the alternative parking method that staff would apply. '
Commissioner Eng asked it the applicant is required to do this under the code.
Interim Community Development Director Valenzuela replied staff may require it, if that is the will of the Planning
Commission.
Vice -Chair Tang asked if they are really required to do this.
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Interim Community Development Director Valenzuela replied that is an alternative parking provision that staff has that
ability to do, since there is no other satellite campus where they can park that's within 300 feet, and there is no other
area where they can find additional parking spaces. This is the only method that staff can recommend to the Planning
Commission and to bring this item back.
Commissioner Eng stated the parking management plan was originally approved without restaurant use and asked
how the proposed management plan that was previously approved be impacted if restaurant use is now
allowed. She also asked if a parking issues can be mitigated working with the applicant.
Interim Community Development Director Valenzuela replied the parking
staff and the City Attorney's office just basically stated which parking stalls
are dedicated to residential.
Commissioner Eng asked how long a parking study would take and
Interim Community Development Director Valenzuela replied
have to send out an RFP to different consultants and based o
added they will get estimates and it does take some time.
Vice -Chair Tang asked if the parking study also provides
meet the adequate parking.
Interim Community Development Director
parking stalls.
Vice -Chair Tang asked if it does not provide recomm(
Interim Community Development Director Valenzuela
not sure and exp
they will determine
plan that was approved by
)d to commercial and which
that the applicant will
iev would select. She
should those establishments not
es if the uses would accommodate the 26
: to go forward.
City Attorney Murphy stated with his history with this Planning Commission he has seen parking studies before
and there have been things like a school use that wasn't a traditional school use like a music school and in light of
the number of students they would normally take, even though they're space was big enough to normally require a
certain number of spaces, they took their parking study and walked through what their actual use was and allowed
them to go into an area where normally they would not allow a school. He added, the interim director is right, and
that is the alternative and instead of going strictly by the code, they can look at a situation and say the situation is
going to require them to make sure that the reality is going to match up with what the code may actually require. In
some cases it may require like that school that fewer parking spaces are required and there are other times that
when staff reviews an application they can say not withstanding what they think can happen under the code they
think the reality is it is going to require quite a bit more. He added that is why they always try to go with the code
because that is the business friendly way to go and is something standard that can be counted on in extraordinary
circumstances. He explained that this is the option and he has not really had to do one he has only had
to review them briefly because that is something for specialist in traffic and planning to look at. He stated the City
Attorney's office reviews them to look for inconsistencies and return them to staff/Planning Commission to make
policy decisions.
Commissioner Eng stated she believes the applicant wants the best use if they are going to include retail and she
would like them to be able to do that. She added if a parking study is going to help with answering that question, she
would like to see it done. She commented that previous parking studies that have been presented before the
Planning Commission has not always answered all her questions.
Commissioner Lopez asked the Planning Commission what is being recommended.
Eyl
Commissioner Eng commented that she is not ready to say no. Her recommendation is for staff to work with the
applicant and to make sure that if fast food units are allowed that the existing conditions of approval will meet,
address, and mitigate some of the impacts to parking, grease traps, venting, and food use for this development.
Vice -Chair Tang stated he agrees with Commissioner Eng and is not ready to say no, but he would like to look at
options. He requested a motion to table this item.
Commissioner Eng made a motion and requested that staff work with the applicant to make sure the conditions of
approval that are in play are sufficient to permit food use to go into this area.
City Attorney Murphy requested an amendment to the motion and suggested this item be continued to a date
certain to remain open to the next regular Planning Commission meeting to be held on Monday, September 18, 2017,
so that it may not have to be re -noticed and with the direction that the Planning Commission has given. He added
then staff will give the Planning Commission an update on the status and time frame if the item will need to be
continued again.
Commissioner Eng made a motion, seconded by Commissioner Lopez, to table Modification 17-05, subject
to the 102 conditions.
Vote resulted in:
Yes: Eng, Herrera, Lopez, and Tang
No: None
Abstain: None
Absent: Dang
Interim Community Development Director Valenzuela stated the motion passes with a vote of 4 Ayes and 0
Noes. She added staff will contact the applicant to discuss the next steps.
4. CONSENT CALENDAR
A. Minutes of 8-7-17
Commissioner Eng made a motion, seconded by Commissioner Herrera, to approve the Consent Calendar as
presented.
Vote resulted in:
Yes: Eng, Herrera, Lopez, and Tang
No: None`
Abstain: None
Absent: Dang
Interim Community Development Director Valenzuela stated the motion passes with a vote of 4 Ayes, 0 Noes, and 1
Absent.
5. MATTERS FROM STAFF
Interim Community Development Director Valenzuela announced the date, time, and location of the upcoming
City Events: 1) Family Movie Night, 2) 911 Ceremony, and 3) Moon Festival.
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6. MATTERS FROM THE CHAIR &
Vice -Chair Tang referred to Item 3A, and recommended that this is the opportunity, during the zoning code update,
to re-evaluate the definition of a shopping center. He added especially with the parking ratio for food establishments
of one per 100 and retail use of one per 250. He added a project like this can come before the Planning Commission
and they can come and say they are going to do four food establishments, so they do not have to provide one per
100 ratio in parking, and recommended that the definition of a shopping center be revisited, so this cannot be used
for a loop hole for future developments.
7. ADJOURNMENT
Meeting adjourned at 8:17 pm.
The regular Planning Commission meeting to be held on Monday, September 4, 2017 will be cancelled.
The next regular Planning Commission meeting will be held on Monday, September 18, 2017, at 7:00 pm
in the Council Chambers.
John Tang _
Vice -Chair
ATTEST:
Rachel Lockwood
Commission Secretary
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