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CC - Item 5A - Public Hearing on Conditional Use Permit 16-08 A City Initiated Request for ReviewROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER 4,`N DATE: DECEMBER 12, 2017 SUBJECT: PUBLIC HEARING ON CONDITIONAL USE PERMIT 16-08, A CITY INITIATED REQUEST FOR REVIEW SUMMARY The City is initiating a Request for Review, requested by Council Member Steven Ly under Rosemead Municipal Code (RMC) Section 17.160.060, to further review Conditional Use Permit 16-08. On November 27, 2017, the Planning Commission adopted a denial Resolution for Conditional Use Permit 16-08 to operate a place of religious assembly. The subject site is located at 7516 Emerson Place, in the Light Multiple Residential (R-2) zone. On November 20, 2017, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 16-08, a request to operate a place of religious assembly. The Planning Commission Staff Report and Draft Planning Commission Meeting Minutes are included in this report as Attachments "C" and "D", respectively. The Planning Commission denied Conditional Use Permit 16-08 and directed staff to bring back a resolution for adoption. On November 27, 2017, a Special Planning Commission Meeting was held to adopt Planning Commission Resolution 17-22. At the end of the hearing, the Planning Commission adopted Resolution 17-22, denying Conditional Use Permit 16-08. The Planning Commission Staff Report, Planning Commission Resolution No. 17-22, and Draft Planning Commission Meeting Minutes are included in this report as Attachments "E", "F", and "G", respectively. On November 28, 2017, Council Member Steven Ly submitted a Request for Review under RMC Section 17.160.060, to further review all land use and legal considerations for Conditional Use Permit 16-08. A copy of Council Member Ly's letter is included in this report as Attachment «H„ [TEM NUMBER: 54 City Council Meeting December 12, 2017 Page 2 of 3 PUBLIC HEARING TESTIMONY The Planning Commission received both written and oral testimony in support and in opposition to Conditional Use Permit 16-08, for the Planning Commission Meeting on November 20, 2017 and the Special Planning Commission Meeting on November 27, 2017. WRITTEN TESTIMONY On November 20, 2017, the Planning Commission was presented with two letters and a packet. Copies of the written testimony are included in this report as Attachment "I" and "J", and "K" respectively. On November 27, 2017, a packet was distributed to the Planning Commission, by a member of the public, which is attached in this report as Attachment "L". On December 6, 2017, a packet was submitted to the City Clerk's Office by a resident, which is attached in this report as Attachment "M". On December 7, 2017, a packet was submitted to the City Clerk's Office by a resident, which is attached in this report as Attachment "N". STAFF RECOMMENDATION That the City Council either uphold or reverse the Planning Commission's decision for Conditional Use Permit 16-08 and adopt or deny Resolution No. 2017-66 (Attachment "A" or «B„ FISCAL IMPACT - None STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300' radius public hearing notice to forty-four (44) property owners, publication in the newspaper on November 30, 2017, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: Submitted by: Xi Annie Lao, Assistant Planner Ben Kim, Co _ity Development Director City Council Meeting December 12, 2017 Page 3 of 3 Attachment A: Resolution No. 2017-66 Attachment B: Resolution No. 2017-66 with Exhibit "A" (Conditions of Approval) Attachment C: Planning Commission Staff Report, dated November 20, 2017 (without attachments which are on file with the City Clerk's Office for review) Attachment D: Draft Planning Commission Meeting Minutes, dated November 20, 2017 Attachment E: Planning Commission Staff Report, dated November 27, 2017 (without attachments which are on file with the City Clerk's Office for review) Attachment F: Planning Commission Resolution No. 17-22 Attachment G: Draft Plaraiing Commission Meeting Minutes, dated November 27, 2017 Attachment H: Council Member Ly's Request for Review Letter, dated November 28, 2017 Attachment I: Written Testimony for the Planning Commission Meeting on November 20, 2017 Attachment J: Written Testimony for the Planning Commission Meeting on November 20, 2017 Attachment K: Packet distributed to the Planning Commission on November 20, 2017 Attachment L: Packet distributed to the Planning Commission on November 27, 2017 Attachment M: Packet submitted to the City Clerk's Office on December 6, 2017 Attachment N: Packet submitted to the City Clerk's Office on December 7, 2017 Attachment A Resolution No. 2017-66 RESOLUTION NO. 2017-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT 16- 08, A REQUEST TO OPERATE A PLACE OF RELIGIOUS ASSEMBLY. THE SUBJECT SITE IS LOCATED AT 7516 EMERSON PLACE, IN THE LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE (APN: 5286-017-004) WHEREAS, on November 20, 2017, the Planning Commission adopted Resolution 17- 22, denying Conditional Use Permit 16-08, a request to operate a place of religious assembly; WHEREAS, on November 28, 2017, Council Member Steven Ly submitted a Request for Review under Rosemead Municipal Code Section 17.160.060, to further review Conditional Use Permit 16-08; WHEREAS, Rosemead Municipal Code Section 17.160.060 allows any City Council person, based on his/her responsibility to the electorate, to file with the City Clerk a "Request for Review" (RFR) of any decision made by the Planning Commission or any discretionary action by the Community Development Director; WHEREAS, on November 30, 2017, forty-four (44) notices were sent to property owners within a 300 -foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for the Request for Review of Conditional Use Permit 16-08; WHEREAS, on December 12, 2017, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 16-08; WHEREAS, Rosemead Municipal Code Section 17.132.040 provides a number of findings, all of which are necessary before a Conditional Use Permit may be approved; and WHEREAS, the City Council has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as follows: SECTION 1. In order to approve a Conditional Use Permit within the city of Rosemead, Rosemead Municipal Code Section 17.132.040 requires the following findings to be made: "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. B. The use is consistent with the general plan. C. The use is consistent with the provisions of this zoning code. D. Processing and approval of the permit application are in compliance with the requirements of the California environmental quality act. 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." SECTION 2. The City Council cannot make one of the required finding necessary to approve Conditional Use Permit 16-08 under Section 17.132.040.A of the Rosemead Municipal Code, as set forth below: 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. FINDING: The City Council cannot make this finding. Approval of the application will be incompatible or injurious to other properties or land uses in the vicinity and will create conditions materially detrimental to the public health, safety, and general welfare of the neighborhood. The subject location is immediately surrounded by single-family homes and is in close proximity to Ralph Waldo Emerson Elementary. Based upon the testimony before the Planning Commission, the proposed operations at this site will generate excessive crowds, traffic, noise, and parking -related impacts that will negatively affect the surrounding neighbors and properties. SECTION 3. Because the City Council cannot make all of the findings as required by the Rosemead Municipal Code for the approval of a Conditional Use Permit, the City Council HEREBY UPHOLDS the Planning Commission's decision to deny Conditional Use Permit 16- 08. SECTION 4. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 12'x' day of December, 2017. Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2017-66, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 12th day of December, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Clerk Attachment B Resolution No. 2017-66 with Exhibit "A" (Conditions of Approval) RESOLUTION NO. 2017-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, REVERSING THE PLANNING COMMISSION'S DECISION AND APPROVING CONDITIONAL USE PERMIT 16-08, A REQUEST TO OPERATE A PLACE OF RELIGIOUS ASSEMBLY. THE SUBJECT SITE IS LOCATED AT 7516 EMERSON PLACE, IN THE LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE (APN: 5286-017-004) WHEREAS, on November 20, 2017, the Planning Commission adopted Resolution 17- 22, denying Conditional Use Permit 16-08, a request to operate a place of religious assembly; WHEREAS, on November 28, 2017, Council Member Steven Ly submitted a Request for Review under Rosemead Municipal Code Section 17.160.060, to farther review Conditional Use Permit 16-08; WHEREAS, Rosemead Municipal Code Section 17.160.060 allows any City Council person, based on his/her responsibility to the electorate, to file with the City Cleric a "Request for Review" (RFR) of any decision made by the Planning Commission or any discretionary action by the Community Development Director; WHEREAS, on November 30, 2017, forty-four (44) notices were sent to property owners within a 300 -foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for the Request for Review of Conditional Use Permit 16-08; WHEREAS, on December 12, 2017, the City Council held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 16-08; WHEREAS, Rosemead Municipal Code Section 17.132.040 provides a number of findings, all of which are necessary before a Conditional Use Permit may be approved; and WHEREAS, the City Council has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, the City Council of the City of Rosemead does hereby resolve as follows: SECTION 1. The City Council HEREBY DETERMINES that Conditional Use Permit 16-08 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303. Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Accordingly, Conditional Use Permit 16-08 and is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of CEQA guidelines. SECTION 2. The CITY COUNCIL HEREBY FINDS AND DETERMINES that facts do exist to justify approving Conditional Use Permit 16-08, in accordance with Section 17.132.040 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. FINDING: The use will not be incompatible or injurious to the residential uses on the adjacent properties as a place of religious assembly is a use that may be conditionally permitted within the residential zones. The hours of operation for the place of religious assembly will be limited from 11:00 a.m. to 2:00 p.m. on Monday, Tuesday, Thursday, and Friday, 11:00 a.m. to 1:00 p.m. on Wednesday, and 10:00 a.m. to 3:00 p.m. on Saturday and Sunday. The congregant departure times of the place of religious assembly will not coincide with the student departure times of Ralph Waldo Emerson Elementary School, as the congregant departure times will be 2:00 p.m. on Monday, Tuesday, Thursday, and Friday and 1:00 p.m. on Wednesday; whereas the student departure times will be 2:35 p.m. on Monday, Tuesday, Thursday, and Friday, and 1:35 p.m. on Wednesday. Conditions of Approval have also been added for the, mitigation of potential smoke pollution found at Condition of Approval Number 22, and to ensure that the use shall abide by Rosemead Municipal Code Chapter 8.36 regarding noise control as provided for in Conditions of Approval Number 20 and 21. B. The use is consistent with the General Plan. FINDING: According to the General Plan, in residential areas, in addition to the primary residential use, accessory structures, group homes, religious and charitable organizations are permitted consistent with State law and zoning ordinance requirements. C. The use is consistent with the provisions of this Zoning Code. FINDING: The use is consistent with the applicable provisions of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. FINDING: Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Accordingly, Conditional Use Permit 16-08 are classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of CEQA guidelines. 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. FINDING: The project site is located in a R-2 zoning district. The R-2 zoning district identifies areas characterized by single-family dwellings and duplexes. The R-2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single-family development that is consistent with the General Plan Medium Density Residential land use designation. In addition to the residential use, the General Plan Land Use Element permit other uses, such as religious organizations. The project will maintain the character of the existing neighborhood as it was designed based on applicable R-2 zoning district standards. SECTION 3. The City Council HEREBY REVERSES the Planning Commission's decision to deny Conditional Use Permit 16-08 and APPROVES Conditional Use Permit 16-08, permitting the operation of a place of religious assembly at 7516 Emerson Place, subject to the conditions listed in Attachment "A", attached hereto and incorporated herein by reference. SECTION 4. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 12th day of December, 2017. Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Marc Donohue, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Marc Donohue, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution, No. 2017-66, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 12th day of December, 2017, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Marc Donohue, City Clerk ATTACHMENT "A" (CC RESOLUTION 2017-66) CONDITIONAL USE PERMIT 16-08 7516 EMERSON PLACE (APN: 5286-017-004) CONDITIONS OF APPROVAL DECEMBER 12, 2017 Standard Conditions of Approval 1. Conditional Use Permit 16-08 ("Project") is approved for the operation of a place of religious assembly at 7516 Emerson Place, in accordance with the plans marked Exhibit `B", dated November 6, 2017. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions of approval listed on this exhibit shall be copied directly onto any development plans submitted to the Planning and Building Divisions. The applicant shall ensure that all conditions of approval have been met and are in full force prior to the issuance of a building permit or Certificate of Occupancy as determined by the Director of Community Development. 4. Approval of Project shall not take effect for any purpose until the applicant(s) 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 City Council approval date. 5. The on-site public hearing notice posting shall be removed by the end of the 10 -day appeal period of Project. 6. Project approval is valid for one (1) year from the City Council approval date. The entitlement shall not be deemed exercised until a building permit has been issued and the project has commenced construction ("break ground"), or has commenced permitted use in compliance with the conditions of approval. If said entitlement is not exercised or a time extension has not been granted during this time frame, this approval shall automatically expire without further action by the City. Request for time extension shall be submitted to the Planning Division within 30 calendar days prior to expiration. If Project has been unused, abandoned, or discontinued for a period of one (1) year, this entitlement approval shall become null and void. 7. The City Council hereby authorizes the Planning Division to make and/or approve minor modifications to the project and to these conditions of approval 8. Project is granted or approved by 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 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. 9. The applicant(s) 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. 10. The applicant(s) 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. 11. Building permits will not be issued in connection with any project until such time as all plan check fees and all other applicable fees are paid in full. Prior to issuance of building permits, any required school fees shall be paid. The applicant shall provide the City with written verification of compliance from the applicable school districts. 12. The numbers of the address signs shall be at least six (6) inches tall with a minimum character width of 3/4 inch, contrasting in color and easily visible at driver's level from the street. Materials, colors, location, and size of such address numbers shall be approved by the Community Development Director, or his/her designee, prior to installation. 13. The hours of construction shall be limited from 7:00 a.m, to 8:00 p.m., Monday through Saturday. No construction shall take place on Sundays or on any federal holiday, without prior approval by the City. The applicant shall abide by the noise control sections of the Rosemead Municipal Code. 14. The Building Division, Planning Division, and Engineering Division shall have access to the project site at any time during construction to monitor progress. 15. All requirements of the Building and Safety Division, Planning Division, and Engineering Division shall be complied with prior to the final approval of the proposed construction. 16. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. 17. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed within twenty-four (24) hours. 18. The site shall be maintained in a clean, weed and litter free state. Planning Division 19. The hours of operation for assembly purposes shall be limited to 11:00 a.m. to 2:00 p.m. on Monday, Tuesday, Thursday, and Friday, 11:00 a.m. to 1:00 p.m. on Wednesday, and 10:00 a.m, to 3:00 p.m. on Saturday and Sunday. 20. All noise shall abide by Rosemead Municipal Code Chapter 8.36. 21. All activities shall take place within the interior of the building while the doors and windows are closed. There shall be no amplification of music or voice outside of the building. Sound as measured at the property line shall not exceed a noise performance standard of 60 dBA during hours of operation. 22. Only smokeless incense shall be used, such as LED or other approved material that does not create or emit smoke or emission other than water vapor. 23. All outdoor kitchen appliances and portable shade structures shall be removed. 24. The trash enclosure shall be constructed to match the proposed fencing. A solid roof cover, to the satisfaction of the Planning Division, shall be provided for the trash enclosure. The roof shall provide adequate clearance to allow complete access of waste bins. The trash enclosure shall be equipped with self-closing, solid, doors. 25. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. Public Works Department 26. Install driveway approach per SPPWC Standard Plan 110-2. 27. All work proposed within the public right-of-way shall require permits from the Public Works Department. 28. Install one (1) 24 -inches box parkway tree per SPPWC Standard Plan 520-4. 29. Remove existing and install 4 -inches thick PCC Sidewalk from property line to property line. 30. Remove existing and install PCC curb and gutter from property line to property line per SPPWC Standard Plan 120-2. Attachment C Planning Commission Staff Report, dated November 20, 2017 (without attachments which are on file with the City Clerk's Office for review) TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: NOVEMBER 20, 2017 SUBJECT: CONDITIONAL USE PERMIT 16-08 7516 EMERSON PLACE a r , W SUMMARY Ky Do and Binh Vinh Tran have submitted an application for a Conditional Use Permit requesting to operate a place of religious assembly. The subject property is located at 7516 Emerson Place (APN: 5286-017-004). The proposed project would not increase the floor area of the existing building. The subject site is located in the Light Multiple Residential (R-2) zone. Per Rosemead Municipal Code Table 17.12.020.1, approval of a Conditional Use Permit is required to establish a place of religious assembly within the Light Multiple Residential (R-2) zone. ENVIRONMENTAL DETERMINATION Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Accordingly, Conditional Use Permit 16-08 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of CEQA guidelines. STAFF RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No. 17-22 with findings (Exhibit "A"), and APPROVE Conditional Use Permit 16-08, subject to the 30 conditions outlined in Attachment "A" attached hereto. Planning Commission Meeting November 20, 2017 Page 2 of 14 PROPERTY HISTORY AND DESCRIPTION The project site is located south of Emerson Place between New Avenue and Jackson Avenue. According to the Los Angeles County Assessor's Office, the project site consists of one parcel, totaling approximately 9,500 square feet of lot area. Code Enforcement Violations On April 6, 2016, Code Informant Case 16-0347 was created because the Public Safety Department received a complaint that the single-family dwelling unit was operating as a religious assembly establishment without proper entitlements. On April 26, 2016, the case was closed as the religious assembly establishment ceased operations. On August 16, 2016, Code Informant Case 16-0347 was re-established as the Public Safety Department received a complaint about the noise and smoke from incense. According to the Public Safety Department, the property owner was issued an administrative citation for operating a religious establishment without proper entitlements. For this reason, the applicant submitted a Conditional Use Permit to operate a place of religious assembly. Public Comment On November 16, 2017, the Planning Division received a letter of opposition from a concerned citizen. The written letter has been attached as attachment "D". Site and Surrounding Land Uses The project site is designated in the General Plan as Medium Density Residential and on the zoning map as a Light Multiple Residential (R-2) zone. The site is surrounded by the following land uses: North General Plan: Medium Density Residential Zoning: Light Multiple Residential (R-2) Land Use: Residential South General Plan: Medium Density Residential Planning Commission Meeting November 20, 2017 Page 3 of 14 Zoning: Light Multiple Residential (R-2) Land Use: Residential East General Plan: Medium Density Residential Zoning: Light Multiple Residential (R-2) Land Use: Residential West General Plan: Medium Density Residential Zoning: Light Multiple Residential (R-2) Land Use: Residential DISCUSSION As illustrated in Exhibit "B", the applicants are proposing to establish a place of religious assembly at 7516 Emerson Place. In addition, the applicants are proposing an interior tenant improvement, a new carport, and new off-street parking spaces. Religious Assembly Operations The applicants are proposing the following 11:00 a.m. to 3:00 p.m., seven days a week. hours of operation for assembly purposes: Site Plan The applicants are proposing to incorporate off-street parking spaces, an attached carport, a fully enclosed trash enclosure, new exterior lighting, and new landscaping to the existing site. The applicants are proposing to remove all outdoor kitchen appliances and portable shade structures. Floor Plan The proposed floor plan consist of a prayer room, kitchen, two bathrooms, and two bedrooms for clergy. In addition, the applicants are proposing to construct a new carport to the existing attached two -car garage. The applicants are also proposing to demolish two unpermitted additions to the east side of the proposed placed of religious assembly. Elevations The applicants are proposing to remove all exterior security bars from all windows visible from public right-of-way. In addition, the applicants are proposing to repair and repaint the fascia boards. Parking and Circulation Per Rosemead Municipal Code, Table 17.112.040.1, one off-street parking space is required per each 75 square feet of floor area for assembly use not containing fixed seats. With 485 square feet of floor area proposed for assembly use not containing fixed seats, a minimum of six off-street parking spaces are required. As shown on the proposed site plan, the applicants are proposing to provide seven off-street parking spaces. The parking spaces in the existing two -car garage will be reserved for clergy. Planning Commission Meeting November 20, 2017 Page 4 of 14 MUNICIPAL CODE REQUIREMENTS Per Rosemead Municipal Code Table 17.12.020.1, approval of a Conditional Use Permit is required to establish a place of religious assembly within the Light Multiple Residential (R-2) zone. Per Rosemead Municipal Code, Section 17.132.040, 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. The proposed use will not be incompatible or injurious to the residential uses on the adjacent properties as places of religious assembly is a use that may be conditionally permitted within the residential zones. Conditions of approval for the limited hours of operation, lighting, and construction will protect the public health, safety, and general welfare of the surrounding neighborhood. B. The use is consistent with the General Plan. According to the General Plan, in residential areas, in addition to the primary residential use, accessory structures, group homes, religious and charitable organizations are permitted consistent with State law and zoning ordinance requirements. C. The use is consistent with the provisions of this Zoning Code. The use is consistent with the applicable provisions of the Zoning Code. D. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act. Section 15303 of the California Environmental Quality Act (CEQA) guidelines exempts projects consisting of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Accordingly, Conditional Use Permit 16-08 is classified as a Class 3 Categorical Exemption, pursuant to Section 15303 of CEQA guidelines. 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. Planning Commission Meeting November 20, 2017 Page 5 of 14 The project site is located in a R-2 zoning district. The R-2 zoning district identifies areas characterized by single-family dwellings and duplexes. The R-2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single-family development that is consistent with the General Plan Medium Density Residential land use designation. In addition to the residential use, the General Plan Land Use Element permit other uses, such as religious organizations. The project will maintain the character of the existing neighborhood as it was designed based on applicable R- 2 zoning district standards. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process, which includes a 300 -foot radius public hearing notice to 44 property owners, publication in the Rosemead Reader on November 9, 2017, and postings of the notice at the six public locations and on the subject site. Prepared by: Annie Lao Assistant Planner Submitted by: Ben Ki C munity Development Director EXHIBITS: A. Planning Commission Resolution 17-22 with Attachment "A" (Conditions of Approval) B. Site Plan and Floor Plan (Dated November 6, 2017) C. Assessor Parcel Map (APN: 5286-017-004) D. Public Comment Letter Dated November 16, 2017 Attachment D Draft Planning Commission Meeting Minutes, dated November 20, 2017 Minutes of the PLANNING COMMISSION MEETING November 20, 2017 The special meeting of the Planning Commission was called to order at 7:00 pm by Chair Dang in the City Hall Council Chambers located at 8838 E. Valley Boulevard. PLEDGE OF ALLEGIANCE — Chair Dang INVOCATION — Vice -Chair Tang ROLL CALL — Commissioners Herrera, Lopez, Vice -Chair Tang and Chair Dang ABSENT - Chair Eng STAFF PRESENT - City Attorney Thuyen, Community I Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND 1 City Attorney Thuyen presented the procedure and appeal 2. PUBLIC COMMENTS FROM THE AUDIEKC�E David Diaz, MPH Board Member, stated he is the'r be representing the Rosemead, South EI Monte, E Commissioner for the City of South EI Monte. He business card with the Plannmgr Assistant Planner Lao replied there are 12 massage establishments. Commissioner Lopez asked how close are they to each other. Assistant Planner Lao replied there are some within 100 square feet, two are on San Gabriel Boulevard, four are on Garvey Avenue, and six are on Valley Boulevard. Vice -Chair Tang asked if the Chief of Police have an opportunity to review this item and did he have any input on it. Assistant Planner Lao replied yes, the Chief of Police did review this item, he repos"seed a security plan, and he has reviewed it. She added it is attached in the staff report as, "Exhibit E". Chair Dang asked how many massage establishments are adjacent to thisproposetlsjte. Assistant Planner Lao replied there is one in the Plaza next door arid, it is called the "Franklyn Palace Massage". Chair Dang asked if it is the same type of massage establishment or is it a spa. Assistant Planner Lao replied the "Franklyn Palace Massage" is just for body massage and this one incorporates foot and body massage. Chair Dang asked if there were any further Chair Lopez asked what are the hours of Assistant Planner Lao replied them from 8:00 am to 10:00 p to 10:000m. She stated the municipal code limits g the hours of 10:00 am to 10:00 pm. Commissioner Herrera asked why this is ;item being presented to the Planning Commission because staff usually approves items like this over-Ahe counter Assistant Planngr Lao,egplamed before a massage ordinance was established it was permitted by right, then afterwards it required an Accessory Us`> Permit (AUP). There had been a moratorium on this and currently it requires a Conditiorial Use Perm it,=which is brought to the Planning Commission for approval. She added this is the first proposed massage establishment that'.requires Planning Commission approval, since that moratorium. asked if the„ moratorium was restricting massage establishments because there was an Assistant Planner Lao [6p Yes., Commissioner Herrera asked what number of businesses such as massage establishments would make this overpopulated. Assistant Planner Lao replied she does not have that information but currently there are 12 massage establishments in the City of Rosemead. Commissioner Herrera asked what is the maximum amount. Assistant Planner Lao replied there is not a maximum in the Ordinance. PA Commissioner Herrera stated so the moratorium was just to limit it to more than the last one. Assistant Planner Lao replied the moratorium stated no new massage establishments can operate or be established for a certain amount of time. Once that time had passed it was then decided that a conditional use permit was required. Chair Dang asked the applicant to the podium. Kamen Lai, Designer, stated he assisted the applicant prepare the plans for this presentation. He stated during this process, which took 2 months, they have worked with staff, and the building department to make sure all requirements have been met. He stated the hours of operation are 10:00 am to 10:00 pm and in_this plaza this will be the only massage establishment. He added that there are only 12 massage establishmentil Rosemead, which is less than what the City of San Gabriel has. He stated the applicant is willing to accept alkconditions of approval and they are present to answer any questions the Planning Commission may have. Chair Dang opened the Public Hearing and asked if there None Chair Dang closed the Public Hearing and asked if the Planning C None Chair Deng requested a motion. Vice -Chair Tang made a motion, seconded by subject to the 23 conditions. Vote resulted in: Yes: gang, Herrera, Lopez, and No: None Eng to speak on this item. any further questions,or comments. to approve Conditional Use Permit 17.07, pment Director Kim'steted the motion to approve the conditional use permit passes with a vote of 4 He also explained the 10 -',day appeal process. B. CONbiTIONAL USE PERMITA6.08 - Ky Do and Binh Vinh Tran have submitted an application for a Conditional;Use Permit requesting to operate a place of religious assembly. The subject property is located at 7516-'merson,Plaae (APN: 5286.017.004). The proposed project would not increase the floor area of the existing,puiiding. The subject site is located in the Light Multiple Residential (R-2) zone. Per Rosemead Municipal)d6de Table 17.12.020.1, approval of a Conditional Use Permit is required to establish a place ofreligious assembly within the Light Multiple Residential (R-2) zone. PC RESOLUTION 17.22 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 16.08 FOR THE OPERATION OF A PLACE OF RELIGIOUS ASSEMBLY. THE SUBJECT SITE IS LOCATED AT 7516 EMERSON PLACE (APN: 5286.017.004), IN A LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No. 17.22 with findings and APPROVE Conditional Use Permit 16.08, subject to the 30 conditions. Community Development Director Kim announced that parking is not allowed in the City Council parking and requested people to please remove their vehicle. Assistant Planner Lao presented the staff report. Chair Dang asked the Planning Commission if they had any questions or comments for staff. Vice -Chair Tang asked how many religious assemblies the City of Rosemead has and what zone are they in. Assistant Planner Lao replied there are 22 religious assemblies and three are in,the;C=3 zone, two in the P -D zone, two in the CI -MU zone, five in the R-1 zone, six in the R-2 zone, one in the C-3/D;O"zone, one in the C -1/R-2 zone, one in the C/3/R-2 zone, and one in the C -3/0-S zone. Vice -Chair Tang referred to their hours of operation and stated they are proposing 11 i00 am to 3:00 pm. He asked if they want to go outside of those hours for a special ceremony,, would they come backAo apply for a special Administrative Permit, or what would be the process.' Assistant Planner Lao replied if it is a one-time event, theywou Vice -Chair Tang asked if that would allow them to expand their Assistant Planner Lao replied it would not, but taould be approved or denied. Vice -Chair Tang asked if they are granted a Special,Event F requirements in regards to parking. > ; Assistant Planner Lao repliddAhat when ti it will disclose if additional irking will be parking requirement and may have to pnr" have to apply for a Special the Special Event Permit would be to be exempt from additional fenf Permit is reviewed by the Community Development Director If it is necessary, then the applicant will be required to meet the to for parking. Chair Dang rQgdested�that cell ph6nOOe silenced. He invited the applicant to the podium. Ky Do,--40plicant, thanked & ryon11_1e forbeing there and all their support. He addressed the Planning Commission and statedl ,-has been practicing ase successful dentist for about 25 years and he has been the president of this Temple for 17 terms. ;He stated he has pride of the member's accomplishments such as organized trips to Asia to do charity work, gave donations to the poor,1and has helped flood victims around the world, especially in Vietnam. He added their goal is to glofialiy humanitarian; kHeir main location is at 7516 Emerson Place, and they have resided there for over 25 years. He stated%that for all„tne"se years they have received support from the community and from most of their neighbors. He stated as,memberS of a nonprofit organization, they are friendly, reserved, and rarely disturbing nearby houses, most of the membe&Walk or take public transport to the temple, so additional cars parked in the street will be minimal. He stated their meetings are generally not too noisy, and activities are from 11:00 am to 3:00 pm. He stated many of his friends have driven back and forth across their location for many years and many of them have not realized there is a temple there demonstrating how inconspicuous, quite, and how non -disturbing they are to the neighborhood. He said the average number of people attending the temple per day are three or four members and most of the day there are none. He stated they only hold four annual events and named them stating they are significant events in their culture. They occasionally host small get-togethers on weekends for people in the community to share food, practice their religion, to maintain their strong relationships and networks over the years. He stated this symbol of caring for the past is very important to them, especially for the elderly like his mom, and because of the small events friends and families that have been lost over 40 years are able to reconnect and see each other once again since days of elementary school in Vietnam. He stated the joy of having the ability to see old friends is priceless. He gave a brief summary of the history and how their Chinese ancestor's brought their religion to Vietnam many centuries ago. He stated since they did not have the financial privilege of other associations they could only afford a small place in this neighborhood. He said they believe this location is ideal because there is a church and a school nearby and they do not make more noise than the school playground. He commented the incense burnt from their temple will not surmise the smoke from someone's barbeque, however, they have decided to use more of the smokeless incense from now on. He stated they do not wish to disturb anyone at all and they only wish to practice a religion that is very important to them, their culture, and to spiritual need. He stated they will do whatever they can to comply with the City and they will discuss and resolve any reasonable complaint from any neighbor. He added faith has got them here and without faith all hopes would be lost. He requested that the Planning Commission please help them to fulfill their dream and consider granting this conditional use permit and it will be,greatly appreciated. Chair Dang asked the Planning Commission if there were any questions or Commissioner Lopez stated the hours of operation are 11:00 am to 3 Ky Do, applicant, stated not 7 days a week, mostly just on Sundays q Commissioner Lopez asked if they are open 7 days a week,.but religi Ky Do, applicant replied yes. Vice -Chair Tang stated religious gatherings arewly on Sunday establishment from 11:00 am to 3:00 pm, 7 days a'Week,. _ Ky Do, applicant, replied yes. Vice -Chair Tang stated so essentially tbey,are still was correct. _ Ky Do, applicant replied tN&pverage number of people Vice -Chair Ky Do, asked what days a week. gatherings are only if they still allow people to come into their 1:00 am to 3:00 pm and asked if that during the week are only three to four. are 11:00 am to 3:00 pm, 7 days a week. place at this establishment. Ky Do, applic, ;replied they sharOopd, networking, talking, and building strong relationships. Vice -Chair Tang stated and confirmed there are prayers also. Ky Do, applicant, replied'yes.'„r Vice -Chair Tang asked if there are special or formal programs that go on there or do people just come, pray, and eat. Ky Do, applicant, replied yes. Vice -Chair Tang asked at most how many people do they usually entertain. Ky Do, applicant, replied maybe 25 to 30 people. Vice -Chair Tang asked why at this location. Ky Do, applicant, replied this is the only location they can afford currently. Vice -Chair Tang asked if currently anyone resides at this establishment. Ky Do, applicant, replied yes, one person resides there. Vice -Chair Tang asked who is that one person. Ky Do, applicant, replied that person just watches the temple. Vice -Chair Tang asked if that person resides there permanently. Ky Do, applicant, replied yes. Vice -Chair Tang asked staff what the square footage of the home is. Assistant Planner Lao replied the applicant is proposing to will be 1,308 square feet. Vice -Chair Tang asked with that square footage does the fire a building of that size. Assistant Planner Lao replied the Building check. some illegal additions and theinew square footage any type of maximum capacity with maximum capacity if it goes to plan Chair Dang requested that everyone,hglflheir applause so it ddes not disturtithe meeting. City Attorney Thuyen stated he echo's ChaieDang's comment, so that everyone is comfortable and available to do public comment. This maybe an emotionaltssue for peopl`e,who are for or against this item and requested that noise be kept at a minimal and keep,clapping'.cheers, or. boos to a rginimum. He added that way there is an atmosphere that allows people to comment and pravid61he fesfamert freely' Chair Danq asked the a6phcant if the esignerlarchitect is present. Ky Da; applicant, replied yes. David Ho, representative for the achjtect, stated he is present and the architect is not. Chair Dang stated he -has a few,design requirements on the building that he wants some clarifications on. He pointed out that one is the 200 feet long driveway and asked if there is a particular paving or color scheme. David Ho, representative, stated they will follow whatever the city requirement is. Chair Dang stated he would like to reiterate that to aesthetically break the long driveway he recommends doing saw cuts, pavers, or stamp concrete, or stain the concrete. He added staff can help them without if it is favorable and it will help this project blend in with the surrounding residential neighbors. David Ho, representative, agreed and stated it is not a problem. Chair Dang stated since a block wall is going to be installed he recommends that it be earth tone colors instead of gray. David Ho, representative, agreed and stated it is not a problem. Chair Dang referred to the front fencing and asked if it inclusive of the wrought iron gate that is there. Assistant Planner Lao replied yes, it will include everything, and the maximum height will be four feet. Commissioner Herrera asked if the Planning Commission is approving the the modification of the residential home. Assistant Planner Lao replied yes. Commissioner Herrera asked if one is contingent to the other one b Assistant Planner Lao replied no, and explained if the religious as'. parking lot, there will be no changes, and it will convert to being -,a s Commissioner Herrera stated it currently seems to be a single -farm, Assistant Planner Lao replied currently it is a singlejamily dwelling, carport. " Vice -Chair Tang asked staff when this site began iteoperatibn religious establishment and done regardless. does not get approved, there will not be a mily dwelling unit. _ not a parking lot and there is no proposed Assistant Planner Lao replied accordi 610,the Code Enforcement case iilethe first complaint was dated August 6, 2016, for a single family dwgjlmg unit operating as a religious assembly without proper entitlements. Vice -Chair Tang clarified;that"it was April 6; 2016. Assistant Planner "Lao replied yes Aprilm(i, 2016' Vice -Chair Tah'asked if th'ey,are pfesenttoday because of those case findings. Lao Chair Dang'aii*gd staff to elaborate;on what a Special Event permit entails Assistant Planner Lao- explained,that`a Special Event permit requires that an application is submitted within 30 to 60 days before the event, the;Comy Development Director will review it and take consideration of parking, noise, and traffic. It is also routed outtp Public Safety, Engineering, Building and Safety, for their review. Once all comments have been collected then the Special Event Permit will be approved or denied. Chair Dang asked if that is once a year or how often can one apply for this Special Event Permit. Assistant Planner Lao replied she believes it is twice a year. Chair Dang referred to the hours of operation of 11:00 am to 3:00 pm and stated the applicant mentioned that members typically come in at 3:00 pm and asked how long do they stay. Ky Do, applicant, replied members come in at 11:00 am. 7 Chair Dang asked during a normal week how many members visit this site. Ky Do, applicant, replied three or four per day. Chair Dang asked during special events is there is a larger congregation. Ky Do, applicant, replied yes. Chair Dang asked how many people usually attend the special events. Ky Do, applicant, replied it is usually 25 to 30 people. Chair Dang asked if the special events are held inside the building. Ky Do, applicant, replied they are held in the back yard. Commissioner Lopez referred to the hours of operation < Saturday and Sunday is when the majority of the people Ky Do, applicant, replied they visit on Sunday only. Commissioner Lopez commented that they are opan se? Ky Do, applicant, replied they are open for membefs'onl Commissioner Lopez asked Ky Do, applicant, replied there`are about Commissioner Lopez expressed his attend only on Sunday. He saki the week also. . Ky Dp,'applicant, stated asked if mor6than 20 Ky Do, applicant lied that are days a seven days a week and asked the applicant if can come and visit. so close and the applicant has indicated members t many members they are able to attend during the they do not need to park on the street at all. attend during the week. Commissioner Lopez`stated thafis telling him that is not going to happen, but it is established that it can happen. He stated since there is a school wiff a lot of children that is difficult to accept. He added he is not against the religion or having their Sunday's, because all churches have their gatherings on the weekends. He stated he is just concerned about during the week and the families that have to pick up their children at the school. He stated they have to be sure that this is not going to happen. Ky Do, applicant, stated they will guarantee that they will not be parking close to the school and he will let all his members know. Commissioner Lopez asked why have it open during the week. Ky Do, applicant, replied because it is not wise to close it completely. Vice -Chair Tang asked where will the members park. Ky Do, applicant, replied a friend has offered a location nearby, which has more than ten parking spaces. Vice -Chair Tang asked if it is a commercial parking lot and if members will be shuttled. Ky Do, applicant, replied it is within walking distance. Vice -Chair Tang referred to the site plan and stated the width of the driveway, parking space number seven, and he is trying to figure out if a car is able to maneuver in and out of there in terms of circulation. He stated if there are 25 people at this location, he is concerned if a vehicle parks in stall number seven; will it be able to reverse and exit. Assistant Planner Lao replied that the code states it is required that there is a minimum of25 feet of back-up space. She added parking space number seven does meet that code. Vice -Chair Tang asked if there is a reason why there is a six-foot separation between the carport the outdoor parking Assistant Planner Lao replied there is a 20 percent Chair Dang asked what is the landscaping requirement number. Assistant Planner Lao replied the lot size is 1,900 square feet of landscaping. Chair Deng asked if that is based off the zoning or Assistant Planner Lao Chair Dang asked if this* a commercial zone what Assistant Planner Lao replied, Community DeVelopmentDire and stafed Section 17.124-)4( Commissioner, Herrera stated there havebegrj police calls n Assistant Planner Lao.replied residents that are present -this Commissioner Herrera asked" applicant 20 percent, and they will need around this is R-2; which requires 20 percent landscaping. landscaping requirement be. Kim addressed Chair Dang and responded to the Special Event Permit requirement the code lrnits Special Events to three times in a calendar year. if there have been any complaints from the neighborhood or if not have information if police calls have been made, but there are several and their concerns are regarding with smoke, noise, and parking in the street. that has been going on ever since it started. Assistant Planner Lao replied yes. Commissioner Herrera asked if this has been going on since "1916." Assistant Planner Lao replied Code Enforcement began a case file on April 6, 2016 and they ceased their operation. She added the case was then re-established on April 26, 2016, because the applicant began their operation again. Commissioner Herrera commented that the applicant knew they were supposed to cease but they continued to operate. Vice -Chair Tang asked the applicant when did they first acquire this property. Ky Do, applicant, replied "1991." Vice -Chair Tang asked if this has always been a single family residence or has it always been a religious assembly. Ky Do, applicant, replied it has always been a religious assembly but as a single family, residence. Vice -Chair Tang asked if that has been close to 20 years. Ky Do, applicant, replied that has been over 26 years. Chair Dang asked Mr. Do if he was aware of the code Ky Do, applicant, replied no, he was not. Chair Dang asked the applicant if he was always the issues. Ky Do, applicant, replied yes, for the last two years:. Chair Dang asked if his predecessor knew about them Ky Do, applicant, replied he is Chair Dang asked if hispredei Ky Do, applicant, replied rio• Chair Dang referred 1p thq act Ky Doapplicant, replied Chair Dang,,, ed during these Ky Do, applicant; -,replied yes. Chair Dang asked Ky Do, applicant, replied 1M were. him that were brought:against the property. officer that addressed these type of activities. are held outside and asked if there were four of them. is lit and asked if there is a new product that is smokeless now. smell from the incense. some with him and offered to demonstrate it. Chair Dang declined the demonstration and thanked the applicant. He asked if there was an outdoor ceremony, where will it be placed because it will affect the parking, and where will their patrons park. Ky Do, applicant replied at his friend's facility that is about 800 feet away. Chair Dang asked if there is an address to that facility, so they may see what it looks like. I William Su, owner of that property of the corner of Del Mar Avenue and Emerson Avenue. He presented the address and stated he would like to offer his property as an off-site parking facility to assist the applicant if it is allowed. Chair Dang asked what type of business is located at this facility. William Su, property owner replied it is an office building with 12 parking spaces. Chair Dang asked if the 12 parking spaces service the office building. William Su, property owner replied yes, but during the weekend they are closed„ so they can park there on the weekends. Chair Dang asked if they are just proposing their facility for parking if there is a weekend ceremony. William Su, property owner replied yes, most of their ceremonies are conducted on the weekends only. Chair Dang asked staff if there is a zoning regulation regarding off-site parking. Assistant Planner Lao replied yes, and stated to allow shared'parking it is required to have 300's'40`are feet away in order to utilize the shared parking agreement. Chair Dang asked if that is a 300 feet walking Assistant Planner Lao replied it is 300 feet Chair Dang asked if the None further questions for staff. Chair Dang thanked the applicant and opened the Public Hearing. He stated there are quite a few speaker requests and reminded the public to please limit,cominents,to.three mihu'tes each. He called the first speaker Niem Thai. Niem Thai representative for his mother (Hue Hong) stated he supports this item, it is important for his mother to have the opportunity to go tothisfacility on the weekends, and to the ceremonies if there is one. It is part of their culture, faith, and,h'erequested that the PIan nitig�Commission approve this item, so the members may continue to attend ,beceuse this is very important to them, Robert Ysais„tesident stated he opposes this item and has lived in the area 30 to 40 years. His concerns are lack of parking, heavy "traffic especially whenfunctions/gatherings take place, dangerous for children walking during school hours, during the evenings, and for'tte pedestrian traffic on weekends with families walking to the only nearby market. Michelle Du, resident stafedshe'supports this item because this is a special place for her, her family, and to many that have attended this evening, 'She added this not just a place for them to come and pray. It is a place for the community to bond, support one another, and for the younger generation to learn about their heritage, culture, and traditions. She requested that the Planning Commission support and approve this item. Michael Vo, Mayor Pro Tem from Fountain Valley, wished everyone a Happy Thanksgiving. He stated he supports this item and this group has not only has impacted this community, but has also helped people in Orange County. He added this Municipal Court right now is allowed to assemble and set limits and when he sits at the dais he wants to make a decision that would most benefit the community. He stated that he has had the privilege of meeting so many members through this group. He has had the opportunity to meet doctor's, dentist, business owners, donating their time and talent to serve the community. He added this is not a religious assembly place, members attend at their free 11 will, and there are no requirements while there, it is a mainly a social support group. He added this is a place that allows them to ask for help, to connect with each other, and is helpful especially if they are new to this country, which is the intention here. He added this has been here for 24 years and there have not been any incidents, police reports, and there could be a few disgruntled residents. He commented that some residents will have more parties than others and that is expected and allowed within City limits. He thanked the Planning Commission for their time and requested that the Planning Commission approve this item. He added this is a conditional use permit with conditions of approval, which can be enforced. Chichi Tran, spoke for Feng Phu and some of her friends, because she does not speak English. She stated Feng Phu is almost 80 years old and lives in the property next to this temple for 21 years, since 1996. She does not drive, does not have any social activity, and Sunday is the best time for them to visit the tempi from 11:00 am to 3:00 pm. She can practice her religion and meet her old friends. She thanked the Planning Commission and supports this item. Howard E. Mattern, resident stated he has been a resident of Rosemead forover 40years and had been a Rosemead Planning Commissioner for 13 years. He added the applicant has demonstrated by<having 600 people present this evening, that they will have more than 23 to 25 people at times ',and they will probably have 50 to 100 people. He stated that when he was a Planning Commissioner there was a; always the time to correct something. He requested the Planning Commission look at the real problem and the real situation to grant their approval for the temple. Brian Lewin, resident stated that the applicant has commented they will do anything to abide by the City, but the pictures that were recently downloaded from their facebook page and all those pictures were taken after April 26, 2016, when the first code violation was closed because it allegedly ceased operations. He said a lot of those pictures were taken on Tuesday, May 3, 2016, which was seven days after that case was closed. He stated they are certainly very active for a place that supposedly suspended operations because of code enforcement issues. He expressed that speaks a lot towards character and willingness to wanting to obey and follow the rules. They have shown very extensively a disregard for a city code enforcement and regulations. He stated if the Planning Commission gives them this you are rewarding this behavior and its alright just keep doing it for a year and a half and gave them a conditional use permit to operate. He stated to please consider those issues when the Planning Commission makes their decision. He added the city has had other places that have had problems like that and generally when you have people that don't follow the rules and you give them your blessing they continue to not follow the tules: H6e rlppgpested that the city considers this while making their decision. Vice -Chair Tang thanked Mr. Lewins comments on this item taken and then posted. So the date on them may be misint( transparency that they acknowledge that aspect of it. Bob Bruesch, representative of the Garvey School District, he ste lived through a time period of his life when their congregation did no him because he has to worry about the school and'the*ids in that school was built almost 100 years ago for about 1' ,:staff r that parking lot does not hold 40 cars, so they are.alway: they have nowhere else to put them._ He stated he has,1 the junk day you cannot find a place wiliiin„blocks of that worry is the time period of �his,temple lettjn out at 3:00 any school, kids do not walk, -Mime from school any mon there has been two aecjdents where children crossing Commission has a hard decision to make.6iifthey;do.ne and at 2:30 to 3:00 that the students are adequafely,proT ed that there is a difference when pictures are and he wants to make surei n,the fair sense of as also a PK kid ( a peaches kid) and he home. He added he has to putthat behind ping on that school board. He added that ;Ts and it now almost has 40 staff members. He added a the parking along'Emerson Avenue for staff because o'the school -many times during the day, especially on ill to park because it is so crowded. He stated the real He stated between 2:30 and 3:00 if you have been by parents pick them up. He stated up to two weeks ago treet that got hit. He added he knows the Planning ne guarantee that their staff will not shut off of parking from increased traffic. Ruth Mak, stated she sent letter of rer upst to yield Su Mak's three -minutes time to complete her presentation in six- minutes'She a expressed her love for the community and that she's live in the City for over 37 years. She stated she loves theinommunity so much she came backto be a teacher for Richard Garvey Intermediate School. Ms. Mak also stated that'she continues to lovethecity, so she is here today. She states as an educator, her priority has always been the children,, particularly child"safety and health. Ms. Mak strongly believes knowledge is useless if you do not live to utilize ii�pb Perly. For ten years, on the first day of school, she would review lockdown, fire and earthquake procedures with h6i:students, as they would retain what they learn on the first day. Now, she feels that the safety and health of the children in; empty promise. She stated she had told them the fumes from the incense was too much and she had to close the windows and doors to block the fumes, so they said they would switch it to electric incense, but they never did, another lie. Just yesterday, she smelled the smell of incense emitting from their location, which proves they never switched, another lie. She said she wants to stay in the community, but she feels like she is being driven away. She can't stand by a culture that will allow a temple to open in the middle of a residential area, so close to a school. Ms. Mak said it hurts her heart to learn that the children she'll be teaching will be exposed to the fumes from the incense that can cause asthma, cancer, or have a long term health issues. She also expressed her disappointment with the City for giving such short notice and how parents at Emerson School should have the right to know as it affects their child's health. The notice came on the afternoon of Wednesday, November 15th and the school was closed on Friday, so they had less than two days. Ms. Mak said this isn't the community she grew up loving and not the community she wants to stay in. She ended requesting the Commission think of the kids, they are the future;.and we are supposed to protect them; don't make a decision that will harm them. Richard Mak, referred to the presentation that he submitted and clarified that the photo in "Slide 8" is dated May 1, 2016. He said the story has been very inconsistent. They have been operating as a temple since they said they have said they have deceased operations. He then referred to "Slide 10',`,and said it's the mostimportant point; the staff report doesn't indicate the school is 158 feet away from the temple. "Mr. Mak added, the school serves 528 kids and these kids would be spending the next 6-7 years of their lives,smelling breathing incense smoke �:He then referred to "Slide 11" and said on school property, there is a sign that says :,tobacco use s prohibited. Mr. Maki. , ed the temple property is two homes away from the school. He then said on °Slide 131' the temple knows that their smoke is so bad, they built a wall barrier and on "Slide 14", the wall barrier is higher than a home. He points to "Slide 15" and said we all know smoke is bad, but we also now know thatincense smoke is even; worse than cigarette smoke. Mr. Mak then encouraged the Commission to review a study done ky the South China Gniversity of Technology in 2015, which shows that it leads to a higher rate of cancer than cigarette smoke, He refers to;"Page 16" and discussed the density of temples in the area, which shows that within a half -mile radius; there,aIre four. Hesaid there are plenty of temples and we don't need a temple next to a school. Mr. Mak refers,to' "P agewhich is a goggle earth that shows the residential street, a two-lane road with minim al, parking and minimal traffic `accommbdtion. He then refers to the picture on the right on "Slide 17" and said itshows how,-inany people shod up at one of the events. He also said this is from their Facebook page, which the 46 not shy about, they're saying the are violating the code. He said there are more in p 9 „Y�� Y - Y y 9 Y 9 this room than what they"'are,talking abouts :Mr. Mak refers to -,'Page 19" and said he cares about the facts, smoke is bad for kids, incense smoke;is even worse segond, the school is,only 158 feet from the temple, allowing this will open the door for cigarette lounge's,smoke clubs,'srnoking:rooms; and other temple with incense smoke to open nearby schools and,,lastty and:most important; there are already four temples within a half square mile. He ended and said he's a Buc(dhistand he knows what they, are trying to do. William uu, expressed that he is4lowin6them to use his off-site parking lot to meet the City's requirements to qualify for the permit, He said he's been involved with the community for thirty something years. He explained most of their activities are,on,weekends. Yes, thOy have 600 members. He comes from an organization with 1,200 people. He said how many people are really going there actively on weekdays. His temple is open from 9:00 to 5:00. He said the doors are open f F anyone to walkdn to pray, but are no activities. People just come in to pray, maybe one person or groups of four orfive :Hb said people barely come during the weekdays. He also said the members have already said that's where they meet friendsand enjoy their life on weekends. Lee Chen, said he comes from Santa Ana, California and is a member of their temple. He answered Vice -Chair Tang's question about why the place was selected and they answered it was all that they can afford. He then explained the history of the temple and who they are worshipping. He said about a thousand years ago, back in China, there's a little island called Meizhou island, off the coast of Fujian. Meizhou island is a little fishing village, all the people rely on their livelihood by fishing. Mr. Chen said there's a little girl named Ling Mei Liang, her parents and siblings were all fishermen's and with the limited knowledge, fishing boats would capsize while they work at the sea. Mei Liang grew up and she cared for the fishermen's. She tried to learn the theory of ying and yang and learned the art of Chinese herbs to help the fishermen's when they were sick or struck with disease. One day, the weather turned very ugly and her father and siblings were out to sea. She tried to go out there to warn them about the danger and on her way back, 101 her boat capsized and she perished. He said she is both a weather forecaster and a doctor in the village. People were really hurt and refused to acknowledge that she had passed, so they built temples for her. One hundred years later, when people go to southeast Asia, they all travel by boat to worship her. In 1975, they had a temple in Vietnam. He ended and said this is all that they can afford and would love to have money like Bill Gates. David Brockway, said he'd like to say a few things. He said traffic and parking are a fact of life in the United States and in every city in the San Gabriel Valley. It's something we deal with day in and day out. He also said it's changed a lot over the last ten years and even more in the last 20 years, and he guarantees it will get worse over the next ten years. Mr. Brockway said one thing clear to him is that the basis of these house temples are in essence, the basis of the family; they are the basis for the culture and the bringing up of children. He said there, is talk of an elementary school and questioned how many people from elementary school don't make it passed high school. He said the community of the Asian culture not only make it not only passes elementary school and high school, but they flood the universities and they flood the job market, because their parents have taught them the culture ofAsia and how to be citizens of the United States. Mr. Brockway also stated that these people that they see,before them,,'came over from 1979, stateless, kicked out of their country, and came as immigrants. They have built a life'and that life,eomes from those temples and succeeded. He requested the Commission approve the resolution. Mr,, rockway said the temple has been in operation since 1991 and just recently, it's been brought up that incense causes cancer. He ended by;soymg there was a time when San Gabriel Valley was filled with crime, but its not artymore". Linh Tran, thanked the community for their time to listen to both!sides. S agrees with parking and there's traffic in LA. She said there are parkingi Ky Do has indicated that he will use smokeless,incense and they want to there and it's so sad. Ms. Tran said they have discussed.three solutions teacher before, loves children, and doesn't like smolders. Nts: Tran stated like Dr. Do mentioned, use parking from William Su's,property,uand the pr said the temple is very important for a' -lot of people; they;come for iellowsf it and pray. She encouraged the Commisssion to grant their permit and_K reach an agreement. id she's here to listen to'both sides and s everywhere. She also stated that Dr. with the neighbors. She said they meet ughly. She also said she was a school will find solutions such as using incense y.wiJl provide nine parking spaces. She )me have family issues. They talk about 3es to work it out to make both sides to Betty Kwan said she's a resident of Templq, Qity. She stated,she has concerns about traffic. She said there are other temples in the vicinity that WilLaccommodate the religion or he same religion, so she doesn't see why you need another temple so close to the vicinity of�the'school::`$he'said the health and safety of the children can be jeopardized with extra trafflo;=irrtore cars, etc: She°is concerned that it Was never mentioned that there were no temples in the vicinity of this current potential site'tKat;may accommodate the same religion. Ms. Kwan is concerned as there are alternatives"and it was never. mentioned, Chair Dariasaid he had no more sp'eaker reoluests and asked if anyone else would like to speak. David Ho, said te;has property in Rosemead and can donate them as parking over the weekend. Mike Tran, said he doesn1,kRO' yWhy they are complaining. He also said he works Monday through Friday and attends the temple on Sunday. If they take it away, where will he go to pray. He said going to the temple eases his pain. He added that he sees parents'picking and dropping off their children in the red zone. Mr. Tran said they will have special incense. He ended saying he goes every Sunday and doesn't know where he'll go. Chair Dang asked if there were more speakers and closed the public comment period. He asked the Commissioners if they have any comments. Commissioner Lopez expressed his concerns during the weekdays. He said the kids get out of school at 2:30 and if anything gets approved, we need to add a condition to restrict that. He's concerned about the kids at the school. He also said here in Rosemead, we welcome all, but there is incense and it is a concern as it bothers people. 15 Vice -Chair Tang asked Assistant Planner Lao if she knows the distance from the proposed site to the Mr. Su's site Assistant Planner Lao answered that Mr. Su said 800 feet. Vice -Chair Tang asked Assistant Planner Lao if Mr. Su will be in violation of parking requirements for his business if he gives his parking to the temple. Assistant Planner Lao answered that yes, Mr. Su would no longer meet his parking requirement if he allows people from the temple to use his parking, since he has no excess parking. Vice -Chair Tang stated that he is conflicted, as are many of the Planning Commissioners. He stated that although he wants the community to respect culture diversity and opportunity for individuals to.freely practice their religion, there are significant negative impacts to the local community and neighboring resldents: As a planning commissioner, he stated it is the commission's responsibility to take those negative impacts into account, evaluate them and create a suitable community for all to enjoy. He expressed that his view is that R-2 zoning was meant for single-family residents to raise their children and grow their roots and that the planning commission has a duty to maintain that character. Vice- Chair Tang expressed that in his opinion, he thinks that the impacts that this project has outweigh the benefits of the project. Chair Herrera expressed that although she loves the establishment andmhk they are doing, she does not love the proposed location for the project and that there, are four other alterriativ@ locations. Vice -Chair Tang stated that when individuals come up totestify,and give their public input on matters, especially from the applicant themselves, commissioners usually'#ake theirword-and do ngtask for evidence. Vice -Chair Tang expressed his concern for transparency from the applicant in relation to maximum capacity and peaktime forthe temple vro services. The applicant had preusly,stated the max imuru Capacity to be �5=persons, but Chair Tang was concerned with the photographed displays on sod al-mpdia indicafng�tMat the temple would be accommodating more than 25 persons, In Vice -Chair Tang's opinion, the applicant had lost credibility and asked that in the future the applicant provide complete transparency to the, planning commission or any public entity when testifying. Chair Deng stated he appreciated both fides giving theif testimony and for non-native English speakers, it is a task trying to commurticatO and the anxiety'of coming to the podium, so he would like to thank everyone. There are two main topics; topic of traffic,and topic of incense smoke. He thinks the applicants would like to go above and beyond in term a ofpprking. The code`re�uires siz spaces and the applicant would like provide seven. Chair Dang asked Assistant Plannef,Lao if the code allows for tandem parking stalls. Assistant Plann6f. Lazo answers thaf tandem parking is only permitted for single-family parking garages and tandem parking stalls in comrpefcial is prohibited Chair Deng stated that he:understands the congregate are trying to reach out to the community and doing their best, but for this property, everything is maximized. He expressed thanks to Mr. Su for offering his parking and that it would create another violation, but they appreciate his efforts to help. Chair Deng stated that there are too many variables against this proposal, even with the smoke, he did not realize there were barriers along the side property line. The proposal stated that there would be four events a year and the code only allows for three events, and these events would bring up the same issues and the same questions for the applicant as to how the congregate will mitigate these issues. They would need to provide evidence as to how they will mitigate these and the same issues will rise. Chair Deng asked if Planning Commission is ready to motion. 16 Vice -Chair Tang made a motion, seconded by Commissioner Herrera, to deny Conditional Use Permit 16.08. Vote resulted in: Yes: Dang, Herrera, Lopez, and Tang No: None Abstain: None Absent: Eng Community Development Director Kim stated the motion to deny the conditional use permit passes with a vote of 4 Ayes and 0 Noes. He also explained the 10 -day appeal process. 4. CONSENT CALENDAR A. Minutes of 11-6.17 Commissioner Lopez made a motion, seconded by presented. Vote resulted in: Yes: No: Abstain: Absent: Community Development 5. MATTERS FROM Community Planning Cc Dang, Herrera, None None Eng interesf�d in learning. If the,S agenda sgch as ADU, massa Chair Dangasked are these amendments, Ifkalihe ADU ar ted "there are,no matters from staff at this time, but had a question for the of other cities ['have worked at have had topical questions at every Planning iw legislation coming down the pipe that the Planning Commission may be las interest we can select a topic and put a quick discussion item, on the EQA, or any other questions that Commissioners may have. visible for the public or as Commissioners may we view drafts of Community Developmerrt,Director Kim answers any code amendment pertaining to the zoning code will come to Planning Commission and recommendation to the council. However, when the planning commission when staff is aware of items that are being discussed at the state level that we would need to bring to the Planning Commission or council in the future, we can provide an update or a summary so the commission is aware that certain items are being discussed. Chair Dang responded with the question, the first visual of it will be at the council and there is no draft? Community Development Director Kim answers correct. 6. MATTERS FROM THE CHAIR & COMMISSIONERS 17 Commissioner Herrera answers no matters at this time and wished everyone a Happy Thanksgiving. 7. ADJOURNMENT Chair Dang adjourned the meeting at 9:13 pm. The next regular Planning Commission meeting will be held on Monday, December 4, 2017 at 7:00 pm in the Council Chambers. Sean Dang Chair ATTEST: Rachel Lockwood Commission Secretary IM Attachment E Planning Commission Staff Report, dated November 217, 2017 (without attachments which are on file with the City Clerk's Office for review) TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: NOVEMBER 27, 2017 SUBJECT: CONDITIONAL USE PERMIT 16-08 7516 EMERSON PLACE Summary On November 20, 2017, the Planning Commission held a public hearing for Conditional Use Permit 16-08, a request to establish a place of religious assembly at 7516 Emerson Place. After considering all testimony and facts available, the Planning Commission voted to deny Conditional Use Permit 16-08, which resulted in a vote of four ayes, with Commissioner Eng absent. The Planning Commission directed staff to prepare a resolution (attached as Exhibit "A") for the denial of Conditional Use Permit 16-08 and directed staff to bring back the resolution for adoption. The November 20, 2017 Planning Commission staff report and attachments, including the recommended approval resolution, are included in this report as Exhibit "B" for reference. Staff Recommendation It is recommended that the Planning Commission consider Resolution No. 17-22 as attached. Public Notice Process This item has been noticed through the regular agenda notification process. Prepared by: Annie Lao Assistant Planner EXHIBITS: Submitted by: Ben Community Development Director A. Draft Planning Commission Resolution 17-22 B. Planning Commission Staff Report, dated November 20, 2017, including attachments. Attachment F Planning Commission Resolution No. 17-22 PC RESOLUTION 17-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DENYING CONDITIONAL USE PERMIT 16-08 FOR THE OPERATION OF A PLACE OF RELIGIOUS ASSEMBLY. THE SUBJECT SITE IS LOCATED AT 7516 EMERSON PLACE (APN: 5286-017-004), IN A LIGHT MULTIPLE RESIDENTIAL (R-2) ZONE. WHEREAS, on October 17, 2016, Ky Do and Binh Vinh Tran submitted a Conditional Use Permit, requesting to operate a place of religious assembly at 7516 Emerson Place; WHEREAS, 7516 Emerson Place, is located in a Light Multiple Residential (R-2) zoning district; WHEREAS, Section 17.132.040 of the Rosemead Municipal Code provides the findings necessary for a Conditional Use Permit to be approved; WHEREAS, on November 8, 2017, 44 notices were sent to property owners within a 300 -foot radius from the subject property, the notice was published in the Rosemead Reader, and notices were posted in six (6) public locations and on site, specifying the availability of the application, and the date, time, and location of the public hearing for Conditional Use Permit 16-08; WHEREAS, on November 20, 2017, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Conditional Use Permit 16-08; 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 FINDS AND DETERMINES that findings to approve Conditional Use Permit 16-08 cannot be made, in accordance with Section 17.132.040 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. FINDING: The Planning Commission cannot make this finding. Approval of the application will be incompatible or injurious to other properties or land uses in the vicinity as it is surrounded by single-family homes and is in close proximity to Ralph Waldo Emerson Elementary. In addition, the place of religious assembly will also be materially detrimental to the public health, safety, and general welfare of the neighborhood due to traffic, noise, and odor. SECTION 2. Because the Planning Commission cannot make all of the findings required by the Rosemead Municipal Code for approval of a Conditional Use Permit, the Commission HEREBY DENIES Conditional Use Permit 16-08, a request to permit the operation of a place of religious assembly at 7516 Emerson Place. SECTION 3. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code, Section 17.160.040 — Appeals of Decisions. SECTION 4. This resolution is the result of an action taken by the Planning Commission on November 27, 2017, by the following vote: AYES: DANG, HERRERA, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: ENG 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 27th day of November, 2017. Sean Dang, 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 27th day of November, 2017, by the following vote: AYES: DANG, HERRERA, LOPEZ, AND TANG NOES: NONE ABSTAIN: NONE ABSENT: ENG Ben, Kim Secretary APPROVED AS TO FORM: Kane Thuyen, Planning Commission Attorney Burke, Williams & Sorensen, LLP Attachment G Draft Planning Commission Meeting Minutes, dated November 27, 2017 Minutes of the SPECIAL PLANNING COMMISSION MEETING November 27, 2017 The special meeting of the Planning Commission was called to order at 7:00 pm by Chair Deng in the City Hall Council Chambers located at 8838 E. Valley Boulevard. PLEDGE OF ALLEGIANCE — Commissioner Eng INVOCATION — Chair Dang ROLL CALL — Commissioners Eng, Herrera, Lopez, Vice -Chair Tang and ChairDang STAFF PRESENT - City Attorney Thuyen, Community Development Director k assistant Planner Lao, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND City Attorney Thuyen presented the procedure and appeal igl ts,of the 2. PUBLIC COMMENTS FROM THE AUDIENCE Bob Bruesch, resident, stated their mailboxes had*beenTobbed where he'resides over the weekend. He stated there are 16 neighbors that share a common box and would like fo,request a mailbox at each residence instead of one at the end of their street. He asked what the process &to request a,separate mailbox at each residence. He explained he had been a Council Member when this development was guilt and designated'as a Planned Development zone because of the small lots. He haicontaeted the posYOffice„but has not'ieceived any information. He asked if they would need to appear before the.Plann nd.Cbmmisslon to:request a zone change to accomplish their mailbox request. Community Developmenf4irector Kim rephed;'he will research;,his request and will contact him as soon as he has the information. 3. Planning Commission meeting he requested that City Attorney Thuyen give din ion on what City Attorney 7huyen explained that Item 3, Public Hearing is indicated, but is incorrect, because there are no Public Hearing items, and recommended ttre Chair move on to Item 4.A. He reminded everyone that for Resolution 17-22 a public hearing was previously held; allowed public testimony at that time to which it was received, and the public hearing was closed. He addedat.this time i there are public comments, it should be limited to the approval of the Resolution that is before the Planning i,*mission today. 4. CONSENT CALENDAR A. RESOLUTION NO. 17.22 — Conditional Use Permit 16.08 to establish a place or religious assembly at 7516 Emerson Place. The Planning Commission will consider adopting a resolution denying or approving the said Conditional Use Permit. Commissioner Eng announced that she had conferred with City Attorney Thuyen about this item and recused herself because this item is in her neighborhood. She added even though she is beyond the 500 foot radius, for the propriety purpose, she is recusing herself from this matter, but she will be speaking as a resident in the neighborhood. Chair Dang thanked Commissioner Eng and requested that staff present the item. Assistant Planner Lao presented the staff report. Chair Dang asked the Planning Commissioners if they had any questions or comments for staff. Commissioner Lopez stated the Planning Commission is back to square one. He asked the City Attorney if there will be public comment or will the Planning Commission be making a motion for the item to remain denied. City Attorney Thuyen thanked Commissioner Lopez for his comments. He reopened for public testimony, the purpose here is based on the previous PI was a motion to move for denial of Conditional Use Permit 16-08. He statE Resolution with the findings to support that denial and public comment wile reiterated that public comment would not be open, since it was closed at the Commissioner Lopez stated that they are basically looking for a,rnotion to accept the that the religious assembly be denied and asked if that was correct. City Attorney Thuyen replied that is correct, but there a comment period is allowed for this decision. Vice -Chair Tang asked the City Attorney sine he see this as a risk, or is there any precedent City Attorney Thuyen replied testimony about whether or n facts to be presented at thi 'I meeting is just bring backMa' that meeting. Vice -Chair public hearing will not be fission meeting where there today is to bring back the discussion on that item. He permit to establish to that step, because the public has been;presented, from a legal standpoint, does lanning Commission denying this project. of th6dast Planning Commission meeting for this item was to take conditional,use�permit. He sfated he is not sure if there are any new neetmg there was a motion to vote for denial, so the purpose of this eke sure that,resolution has findings consistent with the discussion at if they filled out a speakers request for this item. City Attorney,Thuyenreplied yes 4era is an opportunity for public comment, but the public hearing will not be reooeneihfor this item. He=added that'oublic comment will be allowed for discussion on this resolution before the Vice -Chair Tafi6. asked if the Planning Commissioners will also be able to have some dialog based on the comments from the public they be moving; right into adopting. City Attorney Thuyen eXplainEtd,ttiat they are not opening the public testimony period for the residents in terms of resident concerns or things of teat nature. He stated it is really about this resolution and whether it is in the form that is in consistent with the Planning Commissions deliberations with the last Planning Commission meeting and whether the Planning Commission should adopt it. Vice -Chair Tang stated that he doubts that the outcome will change, he just wants to make sure before he votes this from a legal standpoint and if they can have that discussion, that is fine. He added that the discussion will take place during the City Council level. City Attorney Thuyen stated in terms of just public hearing or public testament on whether to grant or deny the conditional use permit, that period was held at the last Planning Commission meeting, and the public hearing was closed at that time. Chair Dang stated from what he understands the Planning Commission is here to vote on the resolution and this resolution was an instruction to staff from the last meeting to bring back. He asked if this was correct. City Attorney Thuyen replied yes. Chair Dang thanked staff and stated because this is a Special Planning Commission meeting and for clarity, requested that the City Attorney give some instruction to the public before speaker requests are called up to the podium. City Attorney Thuyen reiterated that there has been a public hearing and a public testimony period for this item at the last hearing, at which the Planning Commission had directed staff to bring back a resolution that had contained the findings discussed by the Planning Commission for a denial of the conditional use per11 mit. Public comment today would be limited to any public comment on the Planning Commission's adoption of that resolution. Chair Dang thanked the City Attorney and called the first speaker. William Su, thanked everybody and stated he is here to urge -the P regarding this establishment. He stated the temple is willing to acc ring Commission to reconsider their decision any conditions that theCity_would like them (and address issuesthot the Mak family operation to 10:00 am to`� 00 pm., to help ted the applicant is willing to work with the for the seniors and members to come and e. He added that he hopes the Mak family ted everybody works five days a week and snot a, member of this temple, he was a stated they had communicated with their n for the opportunity to speak. to comply with. He stated they are willing to follow limitations made by the has brought up such as smoke, incense, traffic, and to change fhe hours p with traffic and parents picking up their children from school at 2:30.,- KE4t City and the Mak family. They are a non-profit,organization. They are herr meet on the weekends. They are not here for ariy,-profit of any other pulp will try to compromise and agree to let them havethis establishment. He a this gives them a chance to meet on the weekends and even` though he former president of another association, and they tlo the same Nnd.,,Hi neighbors and compromises wererri`ad , He thanked the PJaing Co nm Ky Do, thanked the Planning Commission for their decisldri-at the previous Planning Commission meeting. He stated Mr. William Su has made�ifuery clear for him,so he does notltaveany more comments. David E. Brockway, thanked eyeryohe, and"4e terated .the''willingness of this particular association to try to work with the CAmmunity.and everyone to try to stay in the neighborhood. He stated he would like to indicate that it has often been" the`"case with many churchds,and temples to start out in homes, houses, assembling in neighborhoods to get started; `and often confiri e6jhat way,fgr a period of time, and this is no exception. He stated they would like to contthua in this neighborhood it -'they have been for 25 years. He said it has been indicated if the school hours are a problem thertemple is willing to change the hours of operation from 10:00 am to 2:00 pm, during the week. He stated as far as the fee=stays, those could also be changed and the special permits and conditions that the City would impose on the association Would be appropriately dealt with. He added that they would like to ask the community to give them a chance to confthe Citv. Richard Mak, introduced hIs"father Charn Man Mak, and stated they have been living at the same location for 37 years. He thanked the Planning Commission for their time during the holidays to spend two plus hours plus last Monday. He gave a perspective of their history with the said neighbor/temple. He stated they are Asian and his dad is an immigrant, but he was born and raised in Rosemead, he went to Emerson School, Garvey School, and Mark Keppel High, and they love this community. When this organization bought this property in 1991, his dad would always talk to the applicant and they would tell his dad that this is not a temple. He added they had been taught not to shake any leaves, keep to ourselves, or don't rock the boat. His mother would tell them things would take care of themselves and to not do anything. He stated his sister and himself have a different attitude and would always urge them to file a complaint and his mom would stop him and his dad would always say let him talk to them. He added that is how it has been for the past 25 years and when the organization acquired the property in "1995," it was not a very successful temple, there were not that many people there. He said he does not know what happened, but maybe they needed to make money or not. They started renting the facility out to play Mah-jong and cards in the back. He added there were people smoking and loitering in front of the temple and then his parents got scared because they felt there was a weird organization behind that, but they didn't do anything. He stated that someone did call and complain and overtime and in the year "2000," the hands of the organization changed again. This time, the new manager was very successful and there were a lot more people coming, so successful, that they started cooking and serving food for the last two years in the back yard. On their Facebook page, they call themselves a Chinese restaurant and this last year, there is Karaoke and singing for four or five hours on the weekends. He stated the reason they are telling the Planning Commission this is because they do not want to rock the boat and he cannot tell you how many people thanked him last week that had watched the video of this meeting. He stated they just want the community to be quiet and he wanted to give the history because he wants them to see that this is not a simple tenant asking for permission to be a temple. He added there have been a lot of other activities going on there and they havOeen illegally operating without permits and that is the frustration they have been dealing with for the last 20 plus, years. He thanked the Planning Commission for their time and on behalf of his dad too, because his English is riot that great. City Attorney Thuyen reminded the members of the audience that they are not having public comment to do new findings or facts and they are limiting the findings to the item on hand�hich is to adopt this resolution. Howard E. Mattern, resident applauded the Planning Commission meeting and commented it was the right one. He stated the applicai did not conform to anything that was asked in the last 20 years r, example that had been approved and the problems they had with were parking problems there too. He expressed that this is not t because they have other options, they have other temples in the out. He added there is also a large property on Dej Mar between En stated their plot, their land, is just not the right plac@.for a temple at Nancy Eng, resident stated thatthIsisherneighborhoo there since the year "2000'' She"viewed,the last Plai Commission's wisdom to ddnq the conditional -,use perr Planning Commission for!protecting the residents, the students at Emerson Schooj:' r their decision at the last`Plartning Commission has shown that they are not responsible and they stated that he had used another church as an at gari extend to this one also. He stated there keep a religious organization out of Rosemead, rea that they can probably join, or rent a space rson and Hellman that would be ideal for this. He khatis the main argument there. alf a black away°from her residence, and she has been ommission meeting online and supports the Planning resolution, and trusts their judgment. She thanked the orhood, the quality of life, and the health safety of the Brian Lewin, r4i dent commented thaf f is interesting thatthe applicant has stated they will follow all the rules and conditionsA?dcause it istoo<bad they were not doing that before. He thanked the Planning Commission for unanimously acting ai Wtalf of the residents�for protecting them from having an inappropriate use being formally situated in their neighborhood and by their sck8dii ,,He alsa,fhanked the Planning Commission for showing respect, and support, for the Putik Safety Division and CodetEnforcement, who has worked very hard dealing with this site and the applicant's noncomplian�caMe stated he has a few of questions pertaining to why they are here this evening, that he might get answers for, if "p'ossible. First, he asked if the City is ultimately required to approve this use operating in this specific location or does it le ahy,have themiscretion to refuse to allow it to operate there. Second, was the City legally required, considering there's a:regularly;seheduled meeting that would occur next week, to schedule a Special Planning Commission meeting fortonght to consider the resolution to deny the conditional use permit. He added that the announcement went out late "afternoon before the busiest weekend of the year, when no one is paying attention to anything. He stated if the City was required to do so, he is curious to why, and if not why is this meeting being held tonight instead of next week. He thanked the Planning Commission again for their consideration and wise judgment. Corrine Martin, resident stated she has seen Rosemead go through changes. She added she is trying to purchase a home on the north side, but it is probably more money, so she is trying to buy on the south side. She expressed if temples are being built and taking away homes, how does that help a person that is trying to look for housing. She stated she had gone by the facility recently and saw all the cooking supplies, tables, and heaters, so she knows something is going on. She added there was a home on Del Mar, across from the Pizza Hut, and it was turned into a temple, so it looks like homes are being taken away and they are building temples for religion. She stated that there is so much property to sell in the area and if the members got together, they could purchase property to build their temple. She expressed she does not want to see the community change and would like to see it remain as residential area. She added no one ever looks at south side they pay attention to the north side. She requested that the Planning Commission not approve this item and it should remain housing and not temples. Chair Deng asked if there was anyone else wishing to speak in favor or against this item. None Chair Deng closed the Public Comment session and asked the Planning Commission if there were any further comments or questions before a motion is made. None Chair Dang thanked everyone and he applauds everyone for taking final resolution, and for their public comments. He asked the City Aft tonight is to vote yes or no on the resolution. City Attorney Thuyen replied yes, and reminded the Planning gomrr resolution that the Planning Commission had motioned at the previ conditional use permit, even though they may have heard some new also reminded the Planning Commission that the public hearing con findings with the comments that were presented=af,the time of the reiterated that tonight's decision is whether or not -}o adoptlheresolr Planning Commission has any other direction on that. Community Develi Ayes, 0 Noes, and 5. MATTERS FROM STAFF nye off to attdgd;this meeting, to listen to the to clarify if the Plan'rTg Commission's action they are considering` the adoption of this ,ening Commission meeting to deny the ;rent facts from the comment period. He period has been closed and to limit their g when public testimony was open. He >hying the conditional use permit or if the Herrera, to approve adopting a resolution i stated the motion to deny the conditional use permit passes with a vote of 4 explained the 10 -day appeal process. Community Development Director Kim announced the date, time, and location of two upcoming City events. 1) The Christmas Tree Lighting Ceremony and 2) Dinner with Santa. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Chair Dang stated he would like to thank the Planning Commission for coming together this evening, it was a difficult decision. He also thanked Commissioner Eng for stepping down, it was a controversial site, and appreciated her fore - thoughts and looking out for the Planning Commission. Community Development Director Kim announced that the next regular Planning Commission on Monday, December 4, 2017, will be cancelled for lack of items and the next regular Planning Commission meeting will be held on Monday, December 18, 2017. Commissioner Eng asked if there is an upcoming workshop. Community Development Director Kim replied yes, and there will be a joint workshop`on'^December 12, 2017, with City Council, the Beautification Committee, the Traffic Commission, and Planning „commission regarding the Garvey Avenue Specific Plan at 5:00 pm. 7. ADJOURNMENT Chair Dang adjourned the meeting at 7:45 pm. The next regular Planning Commission meeting cancelled. The next regular Planning Commission the Council Chambers. ATTEST: 4, 2017, at 7:00 pm will be will be held,on Monday, December 18, 2017 at 7:00 pm in Attachment H Mayor Pro Tem Ly's Request for Review Letter, dated November 28, 2017 November 28, 2017 Marc Donahue City Clerk, City of Rosemead 8838 E Valley Blvd Rosemead, CA 91770 Mr. Donahue: I am exercising my responsibility as a Councilman to Request for Review for Conditional Use Permit 16- 08 and PC Resolution 17-22 under Rosemead Municipal Code 17.160.060. 1 do not believe that the Planning Commission fully evaluated all land use and legal considerations involved. Further based off the audience testimony, I request that we make available a Vietnamese translator for public comment purposes so we are compliant with our translating practices. Please place this item as early and quickly as legally possible onto the Rosemead City Council Agenda so the matter may be resolved for everyone's sake as speedily and judiciously. Respectfully, Steven Ly Councilman City of Rosemead CC: Polly Low, Mayor Sandra Armenta, Councilmember Margaret Clark, Councilmember William Alarcon, Councilmember William Manis, City Manager Ben Kim, Director of Community Development Lily Valenzuela, City Planner Annie Lao, Assistant Planner Rosemead Planning Commissionxc Attachment I Written Testimony for the Planning Commission Meeting on November 20, 2017 6 o"O Ai oT i c t'O F Ni MZY �t L,) f-/ 0 L 15' �-7� 1 - -,"/) (� -, c ( /"-) /� n/ A , P �',/ � / Attachment J Written Testimony for the Planning Commission Meeting on November 20, 2017 Rosemead Planning Commission Meeting — Nov 27, 2017 Comments from Nancy Eng, as Resident Public Hearing Item 3B—CUP 16-08, 7516 Emerson Place I am unable to attend meeting in person but would like to submit written comments. My family resides on Jackson Ave., about half a block from 7516 Emerson Place, approximately 528 SF feet which is beyond the 300 SF public notice requirement. In the interest of any possible perception of conflict of interest, I elect to recuse myself in the deliberation and action on this item as a Planning Commissioner but would like to share my thoughts as a resident having resided in the neighborhood since 2000. This property has been operating as a temple for a number of years, for as long I can remember. I was under the impression that it had the appropriate permit for the use. Currently, there are four Buddhist Temples" (five counting 7516 Emerson PI), that are within 3-5 minutes walking distance, and another potential temple (site of a former church'), coming into the neighborhood, also on Emerson Place (two blocks east of 7516). This neighborhood is predominately multi -family residences, with multiple cars so parking is a big challenge. Also, the property is located by/next to Emerson Elementary School with no parking area for parents to drop off/pick up students, and parents regularly park illegally in the alley, residents' driveways, or blocking driveways. Without mitigation, the use of a place of religious assembly in a single family residence property will exacerbate the parking headaches for the neighborhood. Our homes are our sanctuaries that we return to be with our families, rest after work and on the weekends. To protect the rights of residents in the neighborhood to be able to comfortably enjoy and access their properties, it is very important, if the CUP is approved, that it provides practical operational conditions to mitigate parking, noise and smell issues. Suggest the Planning Commission consider the following improvements to the Conditions of Approval: Parking: For ceremonial events in which the parking requirement will exceed the number of onsite parking provided, require a shared parking agreement to be filed with the city to accommodate the additional parking needed. Noise: -Ceremonial activities be limited to the interior of the dwelling structure, or obtain special events permit for activities in which attendance will exceed the room capacity of the assembly room. -installation of double pane windows Smell: -use of led incense sticks in place of regular burning incense sticks. COA 20 and 21. The standards under Rosemead Noise Ordinance, the South Coast Air Quality Management District and California Air Resources Board were established to address noise and pollution issues generated mostly by machines. Due to the nature of religious ceremonies, the activities most likely will not violate these standards. However, the activities in large volume/intensity do have material impact as a nuisance to the neighbors' ability to enjoy their homes. It is important to keep in mind that 7516 Emerson PI was originally developed as a single family residence, along with adjacent properties. Thank you. Respectfully, Nancy Eng, Resident on Jackson Ave. **Neighborhood temple locations: 1. Next to Garvey Park on Emerson PI (7833 Emerson PI. ), 2) Del Mar and Fern (2755 Del Mar Ave) , 3) Del Mar and Garvey (3027 Del Mar Ave), and 4) Garvey and New Ave. (129 New Ave.) ***7716 Emerson Place Attachment K Packet distributed to the Planning Commission on November 20, 2017 Public Commission Hearing Conditional Use Permit re: 7516 Emerson Place November 20th at 7pm 1 Permit = Temple = Smoke around kids • The religious assembly will be: 1. A Temple burning commercial grade INCENSE in a residential zone and 2. A RESTAURANT operation in the backyard • The temple/restaurant will be 158 feet away from Ralph Waldo Emerson School • The new temple/restaurant will provide ZERO benefits to the community and will only do harm z What is 7516 Emerson Place? • 7516 Emerson Place is listed as Binh Dinh Association -•rr �.� . -• 0 MwimWPIM A r r : 1 66 • Most of the photos in this presentation is from their facebook page. • The photos will show that they are already operating as a place of worship and as a restaurant without the proper permits 3 Temple Activities at 7516 Emerson Place From their facebook page 7516 Emerson Place conducting temple activities From their facebook page 7516 Emerson looks like a Temple From their facebook page Backyard Restaurant at 7516 Emerson Place From their facebook page Full Staff to operate the restaurant for lines of people at 7516 Emerson Place From their facebook page G 7516 Emerson's backyard is a covered seating area for the restaurant (light bulbs on top) From their facebook page The proposed Temple is 158 feet away from Ralph Waldo Emerson School Proposed Temple Terson School ves roughly 520 elementa dents each year pre-schoc 6th grade to No Tobacco use is permitted on school grounds — and the temple will be 158 ft away 11 Incense burning will cause smoke From their facebook page iz The smoke is so bad, they built a wall barrier 13 The smoke is so bad, they built a wall barrier 14 Zero benefits: INCENSE IS BAD FOR KIDS Incense smoke is bad for kids. South China University of Technology study in 2015 shows that incense smoke is worse than cigarette smoke and leads to a higher chance of cancer. Link to report: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2377255/ 15 Zero benefits: There are already 4 temples within %2 mile from the proposed temple • Boca Dhamra Seal Temple (3027 Del Mar Avenue, Rosemead CA) • Chua Xa Loui Temple (2751— 2755 Del Mar Avenue, Rosemead CA) • Los Angeles Buddhist Union (7833 Emerson Place, Rosemead CA) • Buddha Monastery Support (129 New Avenue, Monterey Park CA) 16 Zero benefits: Increased traffic & parking near a school —the temple has no parking spaces , a'.., t maw = 17 Negative Ramifications for the City: • Lost of property tax revenues since religious entities are exempt from taxes; No sales tax or business tax for the city • The smoke and traffic will stop new families from moving into the community since the temple is close to the school. • This opens the door for more temple permits near schools — which leads to increased traffic and parking congestions near schools. • More than 50% of homes around the neighborhood are renters and they said they will simply move out of the city. is Lets end with facts and only facts. Facts: 1. Smoke is bad for children and incense smoke is even worse than cigarette smoke as a University study has shown on slide 15. 2. Incense smoke from the temple will be 158 feet away from Emerson School — 3 homes away from a school 3. There is already 4 temples within % mile radius of the proposed temple — do we need another one to be next to a school 4. Zero known benefits to have a temple next to a school. Traffic and parking congestion will increase next to Emerson school. 19 Attachment L Packet distributed to the Planning Commission on November 27, 2017 i;=', s, }� l Q0,re a/'lhe ABSi.fIanIAlmmoT General U.S. Department of .Tustice Civil Rights Division 19v.,'Bin,Iqlon, D.C. 20530 December 15, 2016 Re: The Religious Land Use and Institutionalized Persons Act Dear State, County, and Municipal Officials: I am writing to you today to highlight the obligation ofpublic officials to comply with the various provisions of the Religious Land Use and Institutionalized Persons Act (RLUIPA), and to inform you about documents previously issued by the Department of Justice (Department) that may be of assistance to you in understanding and applying this important Federal civil rights law. The freedom to practice religion according to the dictates of one's conscience is among our most fundamental rights, written into our Constitution and protected by our laws. In our increasingly diverse nation, the Department continues to steadfastly defend this basic freedom and ensure that all people may live according to then beliefs, free of discrimination, harassment, or persecution. Over the years Congress has passed a number of laws that protect the religious liberties of those who live in America, including the landmark Civil Rights Act of 1964 and the 1996 Church Arson Prevention Act. In 2000 Congress, by unanimous consent, and with the support of a broad range of civil rights and re_gious organizations, enacted the Religious Land Use and Institutionalized Persons Act. 42 U.S.C. § 2000ce et seq. In enacting RLUIPA, Congress determined that there was a need for Federal legislation to protect religious individuals and institutions from unduly burdensome, unreasonable or discriminatory zoning, landmarking, and other land use regulations.' Congress heard testimony that houses of worship, particularly those of minority religions and start-up churches, were disproportionately affected, and in fact often were actively discriminated against, by local land use decisions. Congress also found that, as a whole, religious institutions were treated worse than secular places of assembly like community centers, fraternal organizations, and movie theaters, and that zoning authorities frequently violated the United States Constitution by placing excessive burdens on the ability of congregations to exercise then faiths. ' RLUIPA also contains provisions that prohibit regulations that impose a "substantial burden" on the religious exercise of persons residing or confined in an "institution," unless the government can show that the regulation serves a "compelling government interest" and is the least restrictive way for the government to further that interest. 42 U.S.0 § 2000co-1. RLUIPA includes a private right of action, which allows private individuals to enforce its provisions. Congress also gave the U.S. Attorney General the authority to enforce RLUIPA, and the Department ofJustice has been active in enforcing this important civil rights law since its enactment. To date ttohe Department has opened nearly 100 formal investigations and filed neart 20 tay� is related RLUII'A's land useProvisior�s.2 Through thew efforts, as well as those by private parties, RLUIPA has helped secure the ability of thousands of individuals and institutions to practice their faiths freely and without discrimination. Yet, sixteen years after RLUIPA's enactment, far too many people and communities remain unaware of the law, or do not fully understand the scope of its provisions. Earlier this year, the Department's Civil Rights Division launched Combating Religious Discrimination Today, an initiative bringing together community leaders around the country to discuss challenges regarding religious discrimination, religion -based hate crimes, and religious freedom, and to discuss possible solutions. One of the issues raised repeatedly from participants was that municipal, county, and other state and local officials are insufficientl f ar with the land use provisions o 1P and their obligations under this Federal civil ri ht� s law. Participants also reporte a oases o worship, parttcularTy�hoae 1 om less familiar religious haditions, often face unlawful barriers in the zoning andbuilding process. Additionally, participants explained that, in their experience, litigation frequently was avoided when the communities informed local officials of their obligations under RLUIPA early in the process. Participants recommended that the Department take proactive measures to ensure that state and local officials are properly educated about RLUIPA's land use provisions a In light of this, we are sending this letter to you and other officials throughout the country to remind you about the key provisions of RLUIPA. Ensuring that our constitutional protections of religious freedom are protected requires that Federal, state, and local officials work together, and to that end, we encourage you to share this letter with your colleagues. We hope that you will continue to work with the Department of Justice going forward and view us as a partner and ally in ensuring that no individuals m this country suffer discrimination or unlawful treatment simply because of their faiths. 2 This work is detailed inreports on enforcement issued in September 2010 (available at hhm s'/twww justice gov/crt/rluiva report 092210,dfl and July 2016 (available at ]Lqs://www.austice.-ov/eitifile/877931/dowaload . s The Combating Religious Discrimination Today reportis available. at Ids'//www iustice eov/Combating Religious Discrimination. 1. RLUIPA provides broad protections for religious individuals and institutions. RLUIPA's land use provisions provide a number of protections for places of worship, faith -based social service providers and religious schools, and individuals using land for religious purposes. Specifically, RLUIPA provides for: Protection against substantial burdens on religious exercise: Section 2(a) of RLUIPA prohibits the implementation of any land use regulation that imposes a "substantial burden" on the religious exercise of a person or institution except where justified by a "compelling government interest" that the government pursues using the least restrictive means. o Protection against unequal treatmentfor religious assemblies and institutions: Section 2(b)(1) of RLUIPA provides that religious assemblies and institutions must be treated at least as well as nonreligious assemblies and institutions. • Protection against religious or denominational discrimination: Section 2(b)(2) of RLUIPA prohibits discrimination "against any assembly or institution on the basis of religion or religious denomination." ® Protection against total exclusion of religious assemblies: Section 2(b)(3)(A) of RLUIPA provides that government must not totally exclude religious assemblies from a jurisdiction. e Protection against unreasonable limitation of religious assemblies: Section 2(b)(3)(B) of RLUIPA provides that government must not unreasonably limit "religious assemblies, institutions, or structures within a jurisdiction." While the majority of RLUIPA cases involve places of worship such as churches, synagogues, mosques, and temples, the law is written broadly to cover a wide range of religious uses. The "substantial burden" provision in Section 2(a) of the statute applies to burdens on "a person, including a religious assembly or institution." The remaining provisions apply to any religious "assembly or institution." Thus, RLUIPA applies widely not only to diverse places of worship, but also to religious schools, religious camps, religious retreat centers, and religious social service facilities such as group homes, homeless shelters, and soup kitchens, as well as to individuals exercising their religion through use of property, such as home prayer gatherings or Bible studies: To be clear, RLUIPA does not provide.a blanket exemption from local zoning or landmarking laws. Rather, it contains a number of safeguards to prevent discriminatory, unreasonable, or unjustifiably burdensome regulations from hindering religious exercise. Ordinarily, before seeking recourse from RL,UIPA, those seeking approval for a religious land 4 Section 2 of RLUIPA is codified at 42 U.S.0 $ 2000ce, use will have to apply for permits or zoning relief according to the regular procedures set forth in the applicable ordinances, unless doing so would be futile, or the regular procedures are discriminatory or create an unjustifiable burden. While zoning is primarily a local matter, where it conflicts with Federal civil rights laws such as the Fair Housing Act or RLUIPA, Federal law Each of the aforementioned protections in RLUIPA are discussed in greater detail below.S 2. RLUIPA protects against unjustified burdens on religious exercise. Land use regulations frequently can impede the ability of religious institutions to carry out their mission of serving the religious needs of their members. Section 2(a) of RLUIPA bars imposition of land use regulations that create a "substantial burden" on the religious exercise of a person or institution, unless the government can show that it has a "compelling interest" for imposing the regulation and that the regulation is the least restrictive way for the government to further that interest. A_mere ineonvenieneo to the person or religious institution is not sufficient, but a burden that is substantial may violate RLUIPA. For example, in a case in which the United States filed a ME -o - e -court brief in support of a Maryland church's challenge to a rezoning denial, a Federal appeals court ruled that the church had "presented considerable evidence that its current facilities inadequately serve its needs," and that the "delay, uncertainty and expense" in looking for a different property may create a substantial burden on the church's religious exercise in violation of RLUIPA.' The count relied on facts including that the church had to hold multiple services, turn away worshipers, and curtail a number of important activities at its current location, and that it had a reasonable expectation that it could develop its new property. Similarly, the Department of Justice filed suit in a California Federal district court alleging that a city's denial of zoning approval for a mosque to take down the aging and inadequate structures in which it had been worshipping and construct a new facility imposed a substantial burden on the congregation.' The mosque, which was grandfathered for its current use, consisted of a group of repurposed buildings for its various activities and a large tent for overflow from the prayer hall. However, the city prohibited the mosque from replacing the buildings and tent with a single building. The case was resolved by a consent decree in Federal court. If imposition of a zoning or landmarking law creates a substantial burden on religious exercise, such imposition is invalid unless it is supported by a compelling governmental interest pursued through the least restrictive means. RLUIPA does not define "compelling interest," but ' Further information may be found in the Statement of the Department ofdustice on Land Use Provisions ofthe Religious Land Use and Institutionalised Persons Act (available at httns://www justice gov/crt/rluipa q a 9-22- t o.ndf.), and at the Department of Justice Civil Rights Division RLUIPA information page 6 Bethel World Oun•each x Montgomery. Cnty. Council, 706 F.3d 548,557-558 (4th Cir. 2013). i United States v. Lomita, No. 2:13 -CV -00707 (E.D. Cal. filed March 3,2Q13). 4 the U.S. Supreme Court has previously explained that compelling interests are "interests of the highest order." s 3. RLUIPA protects equal'access for religious institutions and assemblies. Section 2(b)(1) of RLUIPA — known as the "equal terms" provision —mandates. that religious assemblies and institutions be treated at least as well as nonreligious assemblies and institutions. For example, a Federal appeals court ruled that zoning restrictions that a city applied to places of worship but not to lodges, union halls, nightclubs, and other assemblies, violated the equal terms provision? This included a requirement that places of worship, but not other assembly uses, obtain the permission of 60% of neighbors in a 1,300 -foot radius. The Department of Justice filed a friend -of -the -court brief arguing that the distinction violated RLUIPA. Similarly, the Department brought suit under RLUIPA's equal terms provision against a town in Illinois that permitted clubs, lodges, meeting halls, and theaters in its business districts, but excluded places of worship. ' u The case was prompted after the town served notice of violation on four small churches operating in locations where these nonreligious assembly uses were permitted. The case was resolved by consent decree. 4. RLUIPA protects against religious discrimination inland use. Section 2(b)(2) of RLUIPA bars discrimination "against any assembly or institution on the basis of religion or religious denomination." Thus if an applicant is treated differently in a zoning or landmarking process because of the religion represented (e.g., Christian, Jewish, Muslim), or because of the particular denomination or sect to which the applicant belongs (e.g., Catholic, Or Jewish, or Shia Muslim), then RLUIPA will be violated. The Department of Justice filed suit alleging that a mosque in Georgia was discriminated against in violation of Section 2(b)(2), based on statements by city officials indicating bias, evidence that the city sought to appease citizens who had expressed bias, and evidence that the city had previously approved numerous similarly sized.and located places of worship of other faiths.11 The case was resolved by consent decree. Similarly, the Department filed suit in order to challenge a zoning change enacted by a New York municipality that prevented the construction of a Hasidic Jewish boarding school. t2 The case was resolved by consent decree. s Church ofthe Lukumt BabaluAye, Inc. v. City ofHialeah, 508 U.S. 520,546 (1993). v Opulent Life Church a City of Holly Springs, 697 F.3d 279 (5th Cir. 2012). ° United States v. Waukegan, No. 08-C-1013N(N.D.111. filedNbruary 19, 2008). United&atesv. CityofLilburn 1:11 -CV -2871 (ND. Ga. filedAuguA29, 2011). " United States v. Village ofAirmont, 05 Civ. 5520 (S.D,N.Y filed June 10, 2005). 5. RLU EP'A protects against the total or unreasonable exclusion of religious assemblies from a jurisdiction. Under section 2(b)(3) of RLUIPA, a zoning code may not completely, or unreasonably, limit religious assemblies in a jurisdiction. Thus,.if there is no place where houses of worship are permitted to locate, or the zoning regulations looked at as a whole deprive religious institutions of reasonable opportunities to build or locate in the jurisdiction, this provision will be violated. For example, a Federal district court in Florida granted summary judgment to a synagogue on its unreasonable limitations claim, holding that >LZJ UIPA was violated where "there was limited availability of nrooerty for the location of religious assemblies,Rliious assemblies were subject to inflated costs in order to locate in the Cil were subject to more stringent requirements than other similar uses. The Department of Justice is committed to carrying out Congress's mandate and ensuring that religious assemblies. and institutions do not suffer from discriminatory or unduly burdensome land use regulations. We look forward to working collaboratively with you and all other stakeholders on these important issues. Should you have questions about the contents of this letter, or other issues related to RLUIPA, I encourage you to contact Eric Treene, Special Counsel for Religious Discrimination, at 202.514.2228 or Eric.Treene@USDOJ.gov. sincerely, Vamta Gupta Principal Deputy Assistant Attorney General Civil Rights Division 13 Chahad ofNova, Inc. v. City of Cooper City, 575 F. Supp. 2d 1280, 1290 (S.D. Fla. 2008). 6 Attachment M Packet submitted to the City Clerk's Office on December 6, 2017 Ruth Mak RECIEVED 7514 Emerson Place CITYOFROSMEA9 Rosemead, CA 91770 DEC 0 6 2017 626-288-5351 CITY CLERICS OFFICE Rosemead City Council 8838 E. Valley Boulevard Rosemead, CA 91770 November 27, 2017 Dear Rosemead City Council: I am writing this letter on behalf of residents of Rosemead, CA to express our views that City Council should NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place (APN:5286-017-004). At the bottom of this letter is a list of signatures from residents who are against this conditional use permit. At the November 20th planning commission meeting, all four planning commissioners at attendance voted to DENY the granting of the permit. We support their decision to deny the permit for the following reasons: 1. Incense Smoke around students: A temple that burns incense from 11- 3pm on a daily basis will be established within 158 feet away from Ralph Waldo Emerson School that serves over 520 students from pre-school to 6th grade. If we allow incense smoke to be around kids, this sets a precedent for more smoking facilities around schools in Rosemead in the future. 2. Endangering Students and Residents: The applicant for the permit said in the public hearing video that they have 600 members. The 600 members is more than the entire student population at Emerson School. The increase in traffic will endanger students and residents at the school and at the three major intersections: Prospect/Emerson, Stevens/Emerson, and Jackson/Emerson. In addition, the influx of unfamiliar faces coming and going from the temple will make it difficult for local 1 residents to identify who are actual temple members from those that are not temple members. 3. Offsite parking location does not pass municipal code: At 42:30 in the November 20th video, the applicant disclosed that he has offsite parking available for 12 parking spaces at 3203 Del Mar Avenue. The applicant said that it is 800 ft away from the Temple. That is a lie. Google Map and other services show that the distance from the temple to 3203 Del Mar Avenue is over 1,800 feet. Per planning staff, municipal code requires that any offsite parking to be within 300 feet. 4. The Permit Applicant has been violating code for a long time. Commissioner Herrera commented in the November 20th video that the applicant knows that he is violating the rules but continues to violate the rules anyway at 39:45 on the video. 20 seconds later, in the same video, John Tang asks Mr. Do a question about when he acquired the property and how has he been operating it. Mr. Do said this, "1991... its always operated as a religious but using as a single family... 26 years." How can you expect someone that cheats the system to comply with the law? S. The Permit Applicant has been dishonest. If you watch the November 20th video, the applicant's public remarks are very inconsistent. He said that he acquired the property in 1991 but has only been in control in the last two years. In addition, he said max peak attendance from member is only 25 — 30 but their facebook pictures show people sitting in tables and chairs that surpasses that amount multiple times. There are many more inconsistencies in the video — so much so that Commissioner John Tang said the following at 1:41:00 on the video, "When people come up here to testify and give their public input on matters, especially if it is from the applicant himself, we usually go off of their words. We usually don't ask them to show any proof. We don't ask them to show any evidence of any sort, so when I ask a question about the max capacity as well as its peak when this temple serves, I expect an honest answer. But from the visuals that are presented to us from the pictures on their social media page, they set up this property for more than 25 people to entertain more than 25 people and so in that sense this applicant has already lost credibility in my opinion based on that in itself. So I would advise that if you are going to continue this and if this ever gets appealed is to be honest when you are testifying before a council or a public entity." c 6. There are 4 temples within a 0.5 mile radius of the temple that other members can go to. The 600 members can go to these other temples that are located at: 1. Boca Dhamra Seal Temple (3027 Del Mar Avenue, Rosemead CA) 2. Chua Xa Loui Temple (2751— 2755 Del Mar Avenue, Rosemead CA) 3. Los Angeles Buddhist Union (7833 Emerson Place, Rosemead CA) 4. Buddha Monastery Support (129 New Avenue, Monterey Park CA) Thank you again for your time and consideration. We hope the letter was very clear on why the council should deny the permit. This is simply a bad location for a religious assembly. Please protect our kids and the residents in Rosemead. Attached to this letter is a list of residents who supports this letter and would like you to deny the permit. Sincerely, Ruth Mak, a concerned local resident. Attached is a list of signatures from local Rosemead residents requesting City Council to deny the CUP application at 7516 Emerson Place. r 4411 Delta Avenue Rosemead, CA 9177 November 25, 2017 Rosemead City Council Rosemead City Hall 8838 Valley Blvd. Rosemead, CA 91770 Re: Temple at 7516 Emerson Place Dear Sir or Madam: As a resident of Rosemead for over twenty years, I appreciate how city officials and community leaders try to engage diverse groups through policies and events to make the community a vibrant and socially open place to live in. I am also a firm believer in the First Amendment. However, I do not feel the site situated at 7516 Emerson Place, Rosemead, CA 91770, would be the best location to have a religious temple. The site is small and located in a narrow street. It is currently not zone for religious functions, but instead, residential use. The proposed temple's hours of operation (between 11:00 am and 3:00 pm on a week day) might cause after school traffic problems for Emerson School, which is located 158 feet away from the proposed site. Please do not issue the owner of 7516 Emerson Place a conditional use permit for religious use. Thank you. Sincerely, o Phung Thong Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address I`/iak WIIq b. FM-�so� P/I Awe , C 9/ ql�TD Rok waft 1L5 -64t 5.1;r 6;,4exsvh P Ra �d,cA av t ZPg r, GAd1 9✓1 y l l �f q Jaw. v ✓ s Cryu,, caw Lj' a KI 7LV4, q, tiv ` VWY-2. st C/� li vey c s� � X44-, WT 1 0 _ si5MEA 0" t 144 z l�� l�! 7 os td�E�ft er rl X52 W KZL, o2 e 6j/i -77 dp, r 4a D� h bo� kO OGs1 zEzZ Ca Lc% i N� 4 I Please DO NOT APPROVE the Conditional Use. Permit 16-08 at 7516 Emerson Place Date Name Signature Address 7LI 2, LI jk4F--eVl a-,C>1a. 2-2r z �� 7 aC �a5-7 3.0-77 l 7 �� 17 e �% ` 3a� ✓ ✓ eo 5 &c rgwd II z I 35b Pro5> u -F N(2- �p�e 1�11fi c-Aqr7 12� U4 61.20 1) � � �7 OKI C -C -Aus go N,9,1i c4 q11. I/ilii 6k(VX t a,?,- cv o--- ve� Vi l( .t0 7S c,JhL YDS [-2c( ,N e Jct M6V< 17 0 VI -1,10 v � ss� (,,��,* 5 6 I: Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address " 3 0� ,OS-?Mla JaCb'S do 74 C,ulvez 30150\Cf�So n A-W— d1 k"vt Act 51 l a l i( q�<7 ao� U)ap- � 31 a I c�1 P\ Q` -2W r::AxY,5cm Gl /! )inn 7565 it I 6 Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address � kl-Is U G� , C-kAe-W7-M- ��S&a 3 � S� 9bori0 Z �CVeV\S kVt FosL�MHC) CVS �-� 11 �6-cC�/ iv"Y C-sJ CND 15 I Z6 C 2V Jc-� gF1-LO V t ij e �H g4c � Cry l`' 1 17 1 L LAg vv� 61(316w -f -+-+,17t Ros'NC C- 1112, S- N e 5- PlcAW CA fl 7 CO fn Mod 0113 Line a1 2 SaPQ 7Sr I3rry ) c-. 4-x3 6 M > (C� i9VE , co9 7( e -6� � Ivi I L) K�>Jt r/(r-A D AI°lkdW �5qD /V &0064a a�lil�fYl G �ll�/ l] G �✓1 V T �� �T, 0� S7. �Oi Ccs C4 �17�d P ------ 7_ Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address 6 7 zeeZAAkU 8i )z Z cZ I lkp ? rAq 7 7 Z--� Puff rl il-�- d q1'7 )1 26-f�ocLu' y�0 rJ,z 77,7, �t 6,41e 2scK�Q 4 til L �u Al N r f �7s4'2 • M cssro,a (�rz Garviv. 3,,e J tvC6 Saw 6•b<<e( OWC4 9.o5ev-aaol ct It770 I1'Z5 i� X11 Gneu 05b Sal,\ Q�6b/ U . C11110 544 7�a Js�y Ma a�� Q L ���'� (� — qs`(� �u�s ��t/(s - -COAe� I17C-) G(A- I V`Gl l 6 -e c -J l 7 / C- i Ill�f�� I�Ae(� w�, I °I� I�� �[ �C �V'�� 2- Z (Mo�iu AuLl �Z," 0. Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date -..Name Signature.. Address c'L %-21 2�'� �A� �Dr x/25' �,�JGs.Q<`/� f� -r�z y ��,`C'•. X12 los jv l�Ih- 4d lq C14vdla A &ami c J �- Y( ,�1lao f ili. 4 v /�p 5,u e�dl Z/ ai �� �ar�Yi29 X019 11 as' I r l �nocPi�l� ylzD U�� frt Cfl (7f-1- i� jat MZ�,vy l( I (I �-Cw wq CAM4 Wj . \RN;z . �YG, qoY e '� o C6N c�( P77D k t 1 t ` 3Z0 1 �4e M— 0/zv (Zc3e0--eq-(CcN�( WIC)/1, Z J Please D® NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address 2,& l �� , 1,124, z A -j-5,17 Vr�4r -�Ma --ij J,)a7 19VI l-7 a V6cJar S2 c/o6 jo 3 2 -Q-7112 ,STs ct 14 I) Z; ,,�Zz / � J ttjz5/ �> lew LI �l� 3W7 five Rccke4���17� 2 % f/CcraR S iii 3ZJ�/ �sA/S�&rt-.Q 770 . 9 (7?C) �` earr i/776 Gl770 IA -mss 33b� �S I s 33A A3 -mss 7s �e 332 333 five a Please DO NOT APPROVE the Conditionai Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address Li n Lev _L3= 7 Q 3 �ii 1q llr�� �, J (� �'LI��V'i ✓�/146 liM �ih'N Fl t IZ -— 7iz !s✓ Q X5'17 7 (,V,�a P-a�-ed i '120 9011 C IZSCD Cid 53 S-'7 LE- A G 7 DSD M G --TP ll -Z5-)7 �-alWCcrcG // 2'1%z evcl%h Gtve i�Sew %ZEi. l �7� t7 Wt co✓h 3ile tinS w J 7 C Al l� lh J�IMoceld S �3 I hV2) AVS I1 l� °r -12- 14. Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address o5ARAU lllz� I� IA ��° I / 323I Evelyn AVO_ P-°Serheg4 C14 7144 Jawline 3231 ve(yn ✓f Po-eP`4, C4 1IT II�Z�II, G�aVG rn (j Uva �Z2/ &JN 1AVe g�5 4«n 1 5�soct� 3223 r-i-� s CM6C41 SteVeW)WdNia AQe Cot z— Pent�- w L�av 2 J5' �o�o —h Y YT s c—M �° 2� ST �vS2o� 2� if z6 f� 13 Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Dat/e Name Signature Address Y`b-Cl%- l� �6 u 3 � pAkT PV� leiiS6M-9;O o J �CKHR2"( � I(a6117`-< J 1 'Litvy �. c V 11 V %I l deZ L4rO V.e 9VV '2 'V 11-23�®� ��e �� 6 / v 9f 3 0/ �r �� �. ore LoAd c cl plc cr r ��� ® ,�Or-oto 3L s-eol e� lJ 2 x/119 611 9 13N IZ I4 lZ ITUf 9-64a I aT ov+' Sr ''7056v-6pr)3, G : - ;w Lon acv ���iG f yS- o q 6s i I6-61 -0oxv, 7W C 0 ;Z� y S teoof 6w Z n2 z rC� z � ! a,G I 4,0/7(04& vb s,_ 47 4 i I 14 Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address L' l q A Q 3i ��Q�e� �l. f d"'��✓ mil Y/77a dssajuLot S elf"OL 360 P ��,`f L� d�e�,�( l!lZZo IlI 1yt� I'dt7, 5�,M `(-71 1j �vuZ &Kd -Z X2-3 45e o , CA 21776 �6 125! CA c11170' V z 1� rl�, c2os� os-el,ej CA R(770 e vrt �v , I l 1 AO W Ak� M-26 l 3�0�� L tv Gz�s 1I -g-7 C 30 a qc 2.Ie�d SatI I( oscroppA T j Ne U • 2 % rias 1 it /So n( Ad o me, GO`( 6q?,I arc- G� r 6L -S d l _Z 11C, 3W [-5<A-lf.( X2 15 Please DO NOT APPROVE the Conditionai Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address Jose L A��l p7qVp U eld 7W �I a(-, 17 &SBM rk 65) 6 ��7 /'2 � ��� �/' �'I�s S �� , 61'y/7 7P 3339t�� d!ti' �dc �olvlriAL 17 Cl 11 A -Z7-1-lo - o 1 1a6)17 �YMr k z IIS I hVE 4Ae , LAS ¢��� aro &rl" cxwRv'&- 4of6:1�,zq CAp,11'� ce z� 7 3o5% T"Wz aal (►-u'i� (��-i���a� 3z�szr �v�3cyvp��II\\2s✓'I� 17 ��Nri a /P a ww f7 �e gyp' 1ti�1A ieU l L7 6 // Z i� tiG� 1 �� Uds•� 3 13 vel , ✓t °l i� 7� 17 vil 0 Please ®O NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address GhgMak e 7�`/ ZXer5ol�� s tea- i y 6 33a3 s u s PVL 6 11-7174 C G_ %' 2 PkeG�GullA�. P -,O meQ�c�1 a -t' � �ama q, A ef O v !I "1 l� hau<J-Afc-z- //�� z -m �s� 1✓G lov.�� /A z7 %17Ann j�(%D ��ti � s-s-s—�J�ss �rT d �� 4 ( 7 `-711 L Ph�SPZ--CTAoS���z� C �zo rv''�ljg�l tzho -170 is Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516.Emerson Place Date Name Signature Address 'Ila 171 �-Z/,a -a7®� '��5 1533AVs=: 845EME-AP �l d( ("dUa- cfeA r �2( U1rcofie�� 2 � 11®•27-! % ��E SGC- A,? -1 cc 9,731 mt,5eci+el / v! 5�j��(tQ% l l -Z`� 1 � %� ✓%i1�i�1 �Oqj (32 H T OV Po5<zot-ec cl—�g�/ T SW -til<. vl 3933 r"115510�� BIZ C26S2sv�eaoi 0-4 (::1 . dq..rsrYljgi✓re-RB-7G�G a Pe A" A7G4-14 qr -7 7 daso LA 13ar i G `i4os�meecG r 6 Z �t UD �s"r� ���ss J7- oC Qf 7 Ko 19 — Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address 4 2726 ?v -G5 ,-A ave. k5cmep,4c.491770 I1'2%-/7 j3icir .r��a Q r�GvlPl� Gee 770''1 6arveq AVe. 2crearn�� Goys n i' e- Gm R) 6qettpolk Aya-. e Lm� �f e 2U� ; aSecQ t -27 62 MO-2rr I �2 � �-- `�� -2' a o �9 u��✓I �� lie-�e,r��o� Cl --�? r� �u��N �, X��d,M� � 6�a _ ,SEW �r�����e s�►���� 91-2—?_I �LTX044ILl� 1®'7i'4-�� t'i `�✓� L~INI✓�►vt)�c Zi/� I 22 ,7 Date Name Signature Address I'frr c�e4 1-27--1��� 7 j Jog � I E"-P-fson; AC n PI V� T7. 2'I ��(sii�►(n (�3� C AK A �� Gi �� 9i-7-7� �'����� �✓� � ���-rte" ��� �u 3�- 11-x- "�� %��� 11,04-11 ��1� �� ✓� � 1 J� l /I 7 17 Ve ALA f+`� I I A Ou � ge, �D5 gel tL/ 17 5 7'' 23 Please DO NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address 112�— / !I i q %� �Y �t° Mon46 SOY H��MAOV 0�1/_� t' PE D awa L! fi dor < Y� _ ' 0 is %2� Joel MCI'' G(v e P-05etj7eqa c4, (7/7 7 d I27 Avzrlid ��sa eVGlyw Avz PIZ g V 7 7o Y 6 Yeefol- /f ve I oCe,,, �/)7n GI X2`1� v r�� 6,2f1�4/ �P, ���0-� 1-276 325c� DSI f-ta,� 11-Ve �Pf #�� UP (w� . arra d car« I�L1 � �ne/�, 7/U /iJ. Acok AUf 4 h - - 25 Please DO NOT dAPPROVE.the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address vo(w G7 ell Z 7z--,6 4-vos n i1�2�/�7 p�NH _7719 4"P L cfc 6 V RoukJ - -T" 770. olnl��d q'f�l 7'7297 Ki/2�� ��iclnaZ� ���� 1� W�s�IC�, 6-t, 11�V z C�eV�i,a WR 26 1� C Please D® NOT APPROVE the Conditional Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address rr 1 _ $ aoi r a cc 03D .Tsave-I av a ernecLj _ A -ag -d) 17 z -r -55.e Tari �1« — - - 20 - Please DO NOT APPROVE the Conditional. Use Permit 16-08 at 7516 Emerson Place Date Name Signature Address 11 -no I Date Name Signature �'AA Address -7 —7 U jW17 YOO 2 C7,1 Sl ., PZ - 24 Attachment N Packet submitted to the City Clerk's Office on December 7, 2017 CITY CLERK'S OFFICE SY: Rosemead Citv Council item: Request Denial of CUP for 7516 Emerson Pl. November 25, 2017 Dear Members of the City Council 1, Because I live within 500 feet of the project, I am unable to vote on this item. I am respectfully asking that you vote to deny this CUP and perhaps help them partner with another temple in the area. I have documented the lengthy list of violations that this operation has done. The Planning Commission was not given the public records for this property and I only received the 57 pages containing multiple records after I submitted a Public Records Request. For this reason, I was frankly appalled when the recommendation was to allow the CUP when the neighbors have been suffering for so long. What does this say to other violators of our codes? We will just reward you. While religious assemblies are allowed in the residential areas, clearly, they must not only receive a Conditional Use Permit but the issuance can only be approved if, as stated in the first requirement per Code sec. 17.132.040 "Approval of the application will not be incompatible or in'urious to other properties or land uses in the vicinity or create conditions materially_ detrimental to the public health, safety and general welfare." It is very clear that when the recommendation stated it would not be detrimental, this is an assumption totally without basis. Since this corporation has been ignoring our city regulations for so long, how can we expect that they will respect the conditions in the permit if it is granted? It is backwards to say that we will just rely on code enforcement to make sure they do. They do NOT have a "by right" to operate but rather the finding must be made that they will NOT be injurious to other properties. Clearly this project in operating illegally, has been detrimental to public health and safety with the noise and smoke that the neighbors have had to endure and the public safety issue of traffic and parking so close to Emerson school. The number of members stated by the applicant at the 11/20/17 hearing was 600. This will result in on street parking during school hours right when Emerson school parents are picking up their children. As School Board Member Bob Breusch stated at the Planning Commission Hearing, we have recently had 2 students hit by cars while crossing the street. He stated the Emerson school parking lot was built for 15 staff members and there are now 40 so they must park on the street. He raised concerns about the proposed hours of operation conflicting with the time that school lets out and parents will be picking up their children. For that reason this is the wrong location for this assembly. Clearly this is not an issue of failing to allow religious assembly for people of this faith as there are 4 temples within a half mile, all on major streets with adequate parking. The following are from the 57 pages of public records for 7516 Emerson. Comments in bold and italics are mine. To save paper and ink I have condensed the list and put them in chronological order. I have included the pages that I citied in this packet but staff can provide the full 57 pages if you need them. p.36 5/23/95 Applicant to "demolish existing garage and construct new attached 2 car garage." 6/6/95 VOID- plans do not reflect site conditions. p.5411/27/95 letter from city "A considerable amount of time has passed since you were informed of the need to abate the violations that exist at the subject property. The additions and alterations to the structure are being maintained in violation of the City of Rosemead Municipal Code and the Building Code. ..all improvements require ...building permits. Specifically, the garage conversion, the addition of the storage area, interior alterations, and placement of concrete throughout the rear yard areas. These conditions remain in violation of the City of Rosemead Municipal Code and Building Code. These are multiple violations 21 years ago!! p.37 3/25/96 "Legalize... room addition & new 2 car garage previously built without permits. "penalty", "non-compliance" p.55 4/9/96 letter from city attorney: "not allow the temple in ypyr ggLage conversion to be used by members of the public that are not related to you." ...Failure to meet these renuirements could result in the filing of a misdemeanor complaint against ou." So 21 p.40 2/12/01 Code enforcement case. Convert back to SFR (single family residence)_Plan check expired. Plan picked up for corrections and never returned. p.52 7/28/2008 Letter from city "Your home is incompatible with the surrounding single- family homes ...... If you wish to maintain the property as a place of worship,you must immediately submit a CUP... Otherwise you must cease and desist from using this property_ as a place of worship without appropriate permit. This is 9 years ago and they have still been operating, since then without permits. .Pg 7.4/6/16 Code enforcement: "Resident is running illegal business (Buddhist Temple)... becoming nuisance to surrounding neighbors. Visitors come every Sunday to purchase food. Entire backyard converted into a kitchen with tables and chairs set up and covered with a portable shade.... During the week throughout the day there is a lot of noise coming from the inside (chiming and drums) And sometimes even at night and informant gets waked up from the drums. Smoke from the incense is polluting the air and informant cannot open his windows. Stated this property was previously a karaoke/gambling business." Pg.48 4/6/16 Code enforcement: "2 restrooms seen during inspection...) bedroom & 1 possible illegal room south of the main house. Outdoor sink, stoves & electrical unpermitted. Religious condition in residential zone. Church/business not zoned in this area. All violations shall be corrected by 4/13/16 Pg.35 4/19/16 Code Enforcement Violation — 2 restrooms seen during inspection, possible illegal room south of the main house. Outdoor sink, stoves, & electrical unpermitted. poem ,,� na;t: nc in rnaidrntinl znne_ church/husiness not zoned in this area. (violations Pg 1.5/3/16 complaint..."this past weekend the noise has escalated and a lot of smoke in the air"... Pg 9.8/16/16 Code Enforcement: "The, residential property located at 7516 Emerson Place and in the R-2 zone appears to be illegally operating a religious assembly use. Places of religious assembly is a use that requires approval of a Conditional Use Permit in order to operate in the R-2 zone. The illegal religious assembly use must cease immediately, and the structure must be converted back into residential use. Pg.la through If. 8/16/16 Citation .."Business Activitywithout License" P.25a through 25c.10/17/16 James Chow applicant representative for "Property owner" Ky Do "IN TRANSFERRING PROCESS" I(I v Do spoke on behalf of temple on 11120117. On 10117116 He states they would have around know they would abide by the shorter hozzr schedule now pYOposed? Pg. 15a through 15c.11/16/16 letter from city" found application to be incomplete." On page 15b of the letter it states: "All L 'ous activity and any items related to the religious activity_ shall be located inside the temple. Any outdoor shrines/altars shall be placed inside. Please indicate on the plans that the existing shrines/alters in the front yard shall be moved inside." See pictures posted on their Facebook page showing outdoor shrine and food service as late as T shrine outside activity not inside temple pictures from Facebook page of Binh Dinh Chinese Friendship November 2017 p.17a through 17c.1/12/17 letter from city (mistakenly has 1/12/16 but Sandra listed as Mayor so it had to be 2017)"city ..has found the application to be incomplete ... pg.18b Public Safety department would like%daily operation schedule; special events which would create noise or traffic; celebration of any holidays. I Respectfully request denial of Conditional Use Permit and perhaps offer assistance with application for moving to an appropriate location. Sincerely, Margaret Clark. U it io 7X>4!9 I�Zo Ss iFIR s 17 y W ywj Z e4 'yy ty ` !nr 40 ® u w 2 r V) W 15 tt O C9 � o O a = L PgZq o qty lu mF®s;� 3 J @ o m°• �� C J !o ey, Fs F Q w W'a yy W {N • 'ss' 8�� SS q Z m U J m OOc6aa ; H1.2 ny a q }� 'U� ws mcy mHuR O. Omn OLB d$ mR re o� UD'� 2CT{C R tlILNN " m `-"ism o$@ •❑ Sam ❑ $ >, mn o iL1 gE ag Em sm5 °o'^ Ao'L'm n Nom¢N =�Ua E -in 8�Q•<i'o a8i"i sU mu a_ 3 m'�`W.mu..cmw ® Qp�p'P"mn'.Ngmo U. 6R mN _°oo-pZp�k• uom =nc«`m 2'coU mU am€ my mmE'a �a®ApeJ �wd� �°o._°.Qa$m�Eae tO¢ � �5 F-®Qj00 cp Ems > m Q Y m m� .Q m$v c.v„ mo maRngh� ga ��s �� Sm3 HOME e� `m JU �.�3o m`o �u asam a®mo `dm Ta= -�_.® s3 o, m EaaRw%a$.ao¢°«`o E«w-o c �wm cm3ia myy0� 'H®O@n�y 2ti 38 N�:.oU o'er rw'°.R.H� vb=.an m� mOo cwa �d MWOMM, N ma'=' 3 aaE@wj,'P• wmzmon Qin �" .mim owes eo gEE p e ��$°'®N mN Rim and».eOcm oa�45cra?am aJ Eo °J aom o ®5°,m masc�aR am m.c mia-d¢ 4 'gym ¢ `o m� `02 •�«3' ®QfZ®p uQ ¢.nos far �@ o v®L i� `o WBUw® VV mcE.®maE mem m>9sx °. r mo .°. m�$ $Wa � [o #� o-..- ` �m'i,..a N- 000.Nammm ms's _v 2mm =€m dL 3 s i vi `8 �$cam� .E m.mcm SFo n 'v -a q m=o u Ec:. _ Wdr0�W4 ms t m agl mamas=E$my°'m ¢ m$ ¢ °•, v �. 'gm .° WQW`L Y! m na L'o $o nim m$ a�groN°`°' odd o o ® $ p3ln®� nESJ o @2®2 oc5 mdN� cbc4eAM aG25�$a�mti,>�.mWy®® i Wdsa no.�-. ®E"i aEa.$ma= g g4soRo m3m a m n ® °{ u;•.°�'S� c rd'O � n� mm ° gp326dam_ -g- •E � 9A`m $vpsg cc..�ynv mc3Qin� c:S,? dmS �mU `" ,2 ¢dm �56 K d� m m >myamQ nm mm Eoa m m®wes ''t-acm N® r°°a$ oil mam m� mm`oim�'mm mam>s'milU mE n3 s 2°�E 1 MAYOR: JOE VASOUEZ MAYOR PRO TEM: MARCAAET BLARK GOUNGILMEMBERS: ROBERT W. BRUESCH JAY T. IMPERIAL GARY N. TAYLOR November 27, 1995 Xuan Binh Wong. 7516 Emerson Place Rosemead, CA 91770 RE- 7516 Emerson Place Dear Mn Wong: 8836 E. VALLEY BOULEVARD - P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (818) 288-6671 TELECOPIER 8183079218 A considerable amount of time has passed since you were informed of the need to abate the violations that exist at the subject property. The additions and alterations to the structure are being maintained in violation of the City of Rosemead Municipal Code and the Building Code. The improvements to the property all require Planning Department approvals and building permits. This includes all additions, alterations, and changes to the use of the buildings. Specifically, the garage conversion, the addition of the storage area, interior alterations, and the placement of concrete throughout the rear yard areas. These conditions remain in violation of the City of Rosemead Municipal Code and Building Code, as previously explained to you (copy of notice attached). Despite your expressed desire to continue using the structures as they now e:.ist, they still remain Building and Zoning Code violations. Please give this matter your immediate attention. A reinspection 10 days from the date of this letter will be made to review your progress and answer any questions you may have. Your failure to correct these violations may result in your case being referred to the City Prosecuting Attorney's office for enforcement action. Respectfully, Anthony WL It Building Official cc: Peter Lyons, Planning Director aP5 11 ) I Z � V p 2 LST E �=a 0 5 R� o� R o ®S Y tsa ® c6 I � V Y � t LST E �=a o R� o� R o ®S Y tsa ® c6 aV Rm ❑ q— p 4 aF m HmS c��i LL ® w q ma 11 a �'i�a � Fm m a gi Raw t a5n� S 2 � e ` LL •e ❑ 1 • psi iRW: m N Q. R q t � � ]w �A C F s9 SIU Q I m � 160 S Sy K � V 0 p@ LST E �=a o R� o� R o ®S =V Rbc n aV Rm ❑ q— p 4 aF c��i LL ® w q ma �'i�a c� Rhe= m. gi Raw t a5n� S 2 � e ` LL 1 ❑ 1 psi iRW: m N Q. ry� Q m � 160 S Sy K m � V 0 p@ LST E �=a o R� o� m � V 3 va m �=a o R� o� R o ®S =V Rbc n aV Rm RmS mUwO q— p W aF c��i gw all ma �'i�a c� Rhe= m. gi Raw t a5n� S uppu;: a �e �� I 9 111 t j 3-/ WALLIN, KRE55, REISMAN & KRAN ITZ J LAW OFFICES y 2000 TWENTY-EIC-HTH STREET. SUITE 315 SANTA MONICA, CALIFORNIA 904Cx-6205 TELEPHONE (3VOi 450-9552 FACSIMILE 13101 450-0506 April 9, 1996 Mr. Xuan Binh. Wong 7516 Emerson Place Rosemead, CA 91770 p e 1_�..m-�> lnrotm�7 �4 75' � Em>'rson plea Thank you for attending yesterday's City Prosecutor conference regarding the above - referenced property. I trust that the conference helped clarify what steps must betaken to bring your property into compliance with the Rosemead Municipal Code. I will continue to monitor progress in-tbis case to ensure that the all of the necessary corrective work is completed. Specifically, we agreed that you would: 1. Complete construction of your new garage by June $, 1996. 2. Not allow the temple in your garage conversion to be used by members of the public that are not related to you. As you know, failure to meet these requirements could result in the filing of a misdemeanor complaint against you. Thank you for your cooperation thus far. I look forward to the successful resolution of I.�-3' is matter. Very truly yours 4eeth W. Flooy*d I�yd Assistant City Attorney City of Rosemead cc: Code Enforcement Officer (Clearwater) Building Official (Weimholt) 0 FymjN � � 2C ® kVM23Ei LA CE CA �M1 ti U e g smlugom mrm 0 o wU' m3 Nc SOC yyy `m ®'^mm m�>"'mav° om @ 40 �,'9 IRS 3w 2KOwOe co mm m ORm'v6mv"gm—t� d-a�nd �3m AE�m `cDmaecmm °m '-C ommcAv® -3myap$` g $3c4aiC .0 c`m'zywgOzAo - 29 vo S9Sa�a° �uSffiCE mz®vTon"mm . U-omm mN m� E>n�ua��.y.fp_- ,zrovO°m o�c�mnuu¢.aQx_awu� ao`aO IIm aei5s3.. tz- a¢¢uoggmrJ�p. 5maam @c�mmmm ymm =a3om>oE EUNDtw�-�am 50-o2 m9oz',.mc mu�$ed� _ ^um -=' gwOOzm E Ho tffip' ,cg3 v^-a.c� PE �. m "D.. 'ao myoJwP cmm-o w.mm,y =mo UEuimcmU `name maEocO oe o`Pm`¢=¢o -A Um a w =3mso c; SaS rnIt z --m so D ..m mcimo—mD= '-'av mma °N Nim°� NNa°om@ € ®� D. 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Sot- tl J4430 m -T`` ms m P]° �@ -5 a2Z co; 3v an ammi°P m O NV a—°m pmo,E� op � = a aeom.c Qumym�am °-. -'m �c nsm x` ���_Eca�cUo zm3 Y - 3WOP am.£Lc was a.ozo 4y4°o®❑¢= HO Dc ..IVU mo°m@°e�m D a - ct '^m wamE Ko, a� m as co c> oe�oF m�-2m '-o .moo EBF me �yJ ams mlC3 d>mm ®m`E>`=_�-4'- �=C°v. ¢3v 2$0 N Cm m9a e. ��mmmX amec 3ao�mvc m 33 mo M41 �.c "m co 6hja02 m4 8'`m: cP m.ommEctlU Emm EEU V �D -°'mam``° emic _tmO z:,Z��c to �� a-yccm3m-S Llai mm Eca _. °' m >Em m3 a�cO-Wo.eY t®at=•11'"-.. __-._ o-``� ._.. __ L �c3._-__._--__.. mU�aa o�� �d`$o cJmv� ar.m�E C MAYOR: JOHNTRAN MAYOR PRO TEM:, a ,JOHN NUNEZ COUNCILMEMBERS: MARGARETCLARK POLLY LOW GARY A. TAYLOR July 28, 2008 Binh Dinh Chinese Friendship 7516 Emerson Rosemead, CA 91770 spy ick 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 669-2100 FAX (626) 307-9218 SUBJECT: Your home is incompatible with the surrounding single-family homes. Dear: Property owner Site inspection of your property on July 2000, 2008 revealed that the existing structure is out of character with the surrounding single-family homes in the neighborhood. According to available records, the structure was permitted as a single-family home but currently the home appears to be operated and maintained as a place of worship. Rosemead Zoning Code Section 17.112.020 allows Churches or other places used exclusively for religious worship in any Zone upon granting of a Conditional Use Pen -nit by Planning Commission. If you wish to maintain the property as a place of worship, you must immediately submit a Conditional Use Permit application to Planning Division for review. Otherwise you must cease and desist from using this property as a place of worship without appropriate permit. Additionally, all single-family homes must meet the goals and objectives of the City of Rosemead single-family design guidelines. The city of Rosemead single-family home design guideline's purpose is to preserve neighborhood compatibility and community cohesion. These guidelines also aim at encouraging excellent single-family architectural design through quality standards in terms of style, materials and colors. Your property is characterized by bright red and yellow colors that are inconsistent with other home colors in the neighborhood. Therefore, your property conflicts with the City of Rosemead Single -Family Design guidelines. Please be advised that reflective building materials which alter or degrade existing neighborhood character are prohibited in the city of Rosemead. The City's Zoning Code requires all remodels to utilize materials, colors and design that match existing stractures. Therefore, you must repaint the fascia board and the existing fence earth tone colors to match the house color. Your house is expected to be compatible with the surrounding single-family homes once repainting is complete. f A re -inspection of your property shall be done within 10 -calender days from the issuance date of this letter to review your progress. Failure to correct these violations may result in your case to be referred to the City Attorney's office for enforcement action. Please feel free to contact me, at (626) 569-2147, if you have any questions regarding this matter. Rosemead City Hall is open from 7:00 a.m. to 6:00 p.m., Monday through Thursday. City Hall is closed every Friday. Sincerely Georg ga Associate Planner Print Request Page 1 of 2 Request: 408256 Entered on: 04/06/2016 12:01 PM By: Janet Lee Customer Information Name: anonymous Phone: Address: Alt. Phone: Email: Topic: Code Enforcement & Property Maintenance Request Problem Ordinance type: Status: Closed Priority: Normal Assigned to: Abel Rodriguez Entered Via: Phone 1 nrafinn•7MR Fmerson PI E Errnarson Ave Liner PI 21' Cx tF T > 4 C3 M 1=mer80n s Elersrentary School C'20a lft loap data 92017 G-)cglp Resident is running illegal business (Buddhist Temple) for over a year now and becoming a nuisance to surrounding neighbors. Visitors come every Sunday to purchase food. Entire backyard converted into a kitchen with tables and chairs set up and covered with a portable shade. People start arriving between 11am-3pm. During the week throughout the day there is a lot of noise coming from the inside (chiming and drums). And sometimes even at night and informant gets waken up from the drums. Smoke from the incense is polluting the air and informant cannot open his windows. Stated this property was previously a karoke/gambling business. will close this request out, please refer to CE -16-0347 Date Expect Closed: 04/16/2016 Date Closed: 04/26/2016 10:15 AM By: Abel Rodriguez Enter Field Notes Below Notes: htto://user. vovoutreach.com/rosemead/printrequest.php?curid=2632756&type=0 11/22/2017 Date: Subje Occul Contact Telephone '14�fA i1 �A Cry )sac I 0 Owner Q Tenant 0 Manager ® Contractor 0 Other MCTIOiN: DFSCPJFTj(ON: 0 504°010 Adopted LACO 7.04.020 — Business lic.ense required. Must obtain at City Hall. D 5,44°030° A.3.4 Unsightly or poorly maintained property or landscape detracting from the neighborhood. D 5.44.030. A.5°6 Improper storage of imperative vehidles, vehicle parts, car canopies, tents or junk items. [ 1 8,32°030° (A) Placing any garbage, refuse, trash, offal, rubbish or trash cans — containers in public vro*. � < t 1? fl�,04.°0fl0 (r�)_ Adopted LACO Building Code 26 Sec. 106.1—.In ec66n e 'i or Permifs required. _ :Cltvt✓' i#'<�:�(_^F i, 1-7" 3 " .._ e 5F fig :.+.) t?e9 d• Pe! " .Lr, i v- e 11 6.06.010 Dog license required. Must obtain at Public Safety. P { S ! z -.,.. "` a ,g" a-.. a-�i. s a k; a t s z_ 2 ! s f f = R This is NOT a citation This is NOT a summons to anoear in court. This is a COURTESY NOTICE OF VIOLATION and serves as a MTdTTElN WAI81NIlNTG. Failure to only may result in an administrative citation All vtolatiom s ag be corrected by RR3:3 E. Vallev Blvd....: > Bring this warning notice & show this to Building and Safety IDepartihent.. CITY HALL is open -Monday — Thursday from 7AM — 6PM and Closed on Fridays & Holidays. e 66 EMODEL [REPAIR WORK WAS BONE BEFORE CITY PERMITS WERE OBTAINED15 DOUBLE FEES A 8H+'d2EQUIRED FOR PERMITS; 9 lease contact the Code Enforcement Officer below at (626) 569-21-2 If you have any r$uestaons, p ` Signature of Oce"Atite : %` /l.. Date, . , 1 4. � dscsanvra�f�a•er� 4:�r��`.t e,i�'.'`:i'"€ I D e t " Page 1 of 6 �x Print Code Enforcement Case Code Enforcement Case: CE -16-0347 Entered on: 04/26/2016 09:54 AM Printed on: 11/22/2017 • Topic: Zoning Status: Closed Due Date: Assigned To: Abel Rodriguez Initiated by: CRM Request Hearing Time: Permit #: Business name: Property Location Occupant Name: _ Lic: DOB: Address: 7516 EMERSON PL, 91770-2210 Phone: Cell #: APN : 5286.017-004 Owner Name: t3ltvti t�uvrr i nrivnan r + .0 Address: 7516 7516 EMERSON PL ROSEMEAD, CA 91770-2210 Phone: Cell #; Actions �— Ac#ion t3 bate Time Hours Notelt76servation nspec€ion Abel 04/06/2078 0.00 Made contacf+ will] }n hP a R ri�ihils� erne eto iat inspect resiidential home. KUUII,LfUGG Multi Multipllee donation slots throughout, restroom subdivided into two, possible illegal addition to the rear, outdoor sinktkitchen area and selling religious merchandize at the home. Issued a warning notice to see planning and building _ ' Complaint Abel 04/D6/201612:Q1pm 0,04 Request46256-anonymous-Residentrsrumm�giliegalbusiness and becoming a nuisance to Rodriguez (Buddhist Temple) for over a year now surrounding neighbors. Visitors come every Sunday to purchase food. Entire backyard converted into a kitchen with tables and chairs set up and covered with a portable shade. People start arriving between 11am-3pm. During the week throughout the day there is a lot of noise coming from the inside (chiming and drums). And sometimes even at night and informant gets waken up from the drums. Smoke from the incense is polluting the air and informant cannot open his windows. Stated this property was previously a karoke(gambling business. .. . _ .............. �� ,.I.s�;,.a.r rpFRnn-rrtrinn-nob-202) wilt close this case out till further -. - -... action is needed Rodriguez Compla[nt Janet E;: 06/03!2076 423 pm 0.00 Informan# came bscl<to report same complaint and was directed to Public Safety from City Hall. Stated they throw trash inside other neighboring's trash bin because theirs is full. This past weekend the noise has. escalated and a lot of smoke in the air. Preparation is done on Saturdays and people start to arrive on Sundays between 11am -4pm. Property is not asking for money but is asking for donation. Advised informant to record the chiming and any evidence they can provide when this occurs again. 11:04 am 0.00 New request will re -open since issues have not been taken care af. Notes Rodriguez Reyes am U.UU UITe iftKHGua<ffo/, i IL. uou va+gv.+, ,-, ,-n •• ----- , _..... - CHINESE FRIENDSHIP), Penalty Amt(520), Violations (RMC 17.12.020 - Religious Conditions: $250,RMG 5.04.010 Adopted LAGO 7,04.020 Business Activity Without License: $260), Service am o.o0 Keceivea uonRrnenai use r—.... y+an ++�++• + ••++^^••a -m- regarding licensing of property to serve as a place for relig: assembly. Plans were reviewed and some concerns arose http://user.govoutreach,com/rose,meadloeprintrequest.php?c-orld=l087334&type=0 11/22/2017 Inspection Abet Print Code Enforcement Case Page 2 of 6 Rodriguez Asian, who was advised to secure at location one regarding Parking and noise issues. Plan was passed along to Lt. Boars. Somoano for his input. Phone call Michael 10126/2016 3:28 pm OM Spoke on the phone with David Ho, property manager for this location. Mr- Ho was asking to have the citation voided or reduced Reyes thatwas issued for this property due to the fact that he had been 00/14/2017 0.00 Doors were closed during drive by waiting to see if the Conditional Use Permit would be issued Rod€i uez allowing for this property to be used for religious assembly. Mr. Ho Inspection was advised that even If the permit were given, the citation would 10/02/2017 O.Oo Doors were closed during drive by still be valid as it was issued prior to his application for the G.U.P. Rodriguez Mr. No was advised to pay for the ticket to avoid any additional increases to the original citation amount. Case Notes Michael 12107/2018 7:18 pm 0,05i Spoke on the phone with Mr. Ho and scheduled an appointment to discuss a ticket that he received. Appointment scheduled for Reyes YJ1nfi11 a at 2:30 om at the Public Safety Center. Inspection Abet 08/02/201712;00 pm 0.00 Went to nayand building peopleeere male Rodriguez Asian, who was advised to secure at location one Boars. Inspection Abel 08/03f2017 0.00 Doors Were closed Inspection Rodriguez Abel 00/14/2017 0.00 Doors were closed during drive by Rod€i uez Inspection Abel 10/02/2017 O.Oo Doors were closed during drive by Rodriguez < Corrections Re uired:Please obtain all required ermn sl room �n na3i. 3 RMC 5.04.010 Adopted €ACO 7.04.020 -Business activity without license Open Date: Time: Name:anonymaus Address: Fees Ixttp://user,govoutreach.com/rosemead/ceprintrequest php?curid=l0&7334&type=0 11/22/2017 H�Mmm el H�Mmm f _ 1 Print Request Page 1 of 2 Request: 60057 Entered on: 08/16/2016 08:25 AM By: Cory Hanh Customer Information Name: Cory Hanh Phone: (626) 569-2141 Address: Alt. Phone: Email: chanh@cityofrosemead.org Request Classification Topic: Illegal Business at a Residence Request type: Problem Status: Closed Priority: Normal Assigned to:Abel Rodriguez Entered Via: Web Problem Location:7516 Emerson PI Z E Emerson Ave Pl Emorsoi1i Elementary School }' Go gle lvlap d di 011017 Google Description: The residential property located at 7516 Emerson Place and in the R-2 zone appears to be illegally operating a religious assembly use. Places of religious assembly is a use that requires approval of a Conditional Use Permit in order to operate in the R-2 zone. The illegal religious assembly use must cease immediately, and the structure must be converted back into residential use. reason wosea Please refer to CE -16-0347 regarding on going issues for this request. Issued citation as well Date Expect Closed: 08/26/2016 Date Closed: 08/16/2016 12:03 PM By: Abel Rodriguez Enter Field Notes Below kno M httn://user. aovoutreac,h.com/rosemead/printrequest.php?cLuid=2828928&type=0 11/22/2017 APPLICANT REPRESENTATIVE REPRESENTATIVE NAME ✓��� '��G PHOCELL F FAX �t - ADDRESS_ j v CITY / <�j 4C)Lst9 /f /CSTATE ZIP C EMAILADDRESS - - - i PROPERTY OWNER PROPERTY OWNER NAM= i<y �� (� PHONE CELL _FAX 6 ADDRESS CITY 'L_ Y o N 7 � STATE AZIP S T3 - EMAIL ADDRESS SEND CORRESPONDENCE TO (Circle all that apply): 1e,::� APPLICANT PROPERTY OWNER APPLICANT REPRESENTATIVE PROJECT DESCRIP T ION PROPOSED PROJECT % Q '2. Zed/'O r iE 91:z h- , A PROJECTADgDRESS/LOCATION fytAs°d PL a 91770 APN�bal�®Q�� GENERAL PLAN AND ZONE DESIGNATION REQUEST (SPECIFY PROPOSED SQ FT., LOT SIZE, USE, AND BLDG. SQ FT) d Pg City of Rosemead APPLICATION TYPE GENERAL PLAN AMENDMENT CONDITIONAL USE PERMIT ADMINISTRATIVE USE PERMIT _ MUNICIPAL CODE AMENDMENT _ TENTATIVE PARCEL MAP _ TENTATIVE TRACT MAP —VARIANCE (Residential) _VARIANCE (All Other) _ MINOR EXCEPTION —ZONE CHANGE —PLANNED DEVELOPMENT REVIEW _ DESIGN REVIEW _ MODIFICATION OF ENTITLEMENTS —SPECIFIC PLAN (Cost + 10%) _ADMINISTRATIVE DETERMINATION _ PUBLIC CONVENIENCE OR NECESSITY K CEOA EXEMPTION pG LA COUNTY CLERK RECORDING FEE p,-- PUBLICATION -«:t7E 5lfi k ssim FEE NUMBER $2,000.00+ $50/parcel GPA $1,320.00 CUP d $500.00 ALP $2,750.00 MCA $1,385.00 + $106/lot TPM $1,385.00+$1 DO/lot IM $975.00 ZV $1,375.00 ME $300.00 ZC $1,700.00+ $50/parcel SP $1,20D.00 PDR MOD PCN $450.00 $980.00 $9D.00 $75.00 $500.00 OTHER (See Fee Schedule for Development Ag_reement, Density Bonus, Joint/Off-Site Parking TOTAL aC1SS.6b Agreement. Reasonable Accommodation, Time APPLICANT TO COMPLETE APPLICANTNAME Y PHONE - CELL_ annRFa..q --»i 6 L mr�raoh v- - CITY SPATE ZIP EMAIL ADDRESS r b/I P l ' MAYOR: SANDRAARMENTA MAYOR PRO TEM; POUYLOW COUNCIL MEMBERS., WILL MALARCON MARGARET CLARK STEVEN LY November 16, 2016 Ky Do & Binh Vinh 7616 Emerson Place Rosemead, CA 91770 8838 E VALLEY BOULEVARD P.O BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 569-2100 FAX (626) 3D7-9218 Conditional Use Permit16-1• Emerson7516 Place On October 17, 2016, the City of Rosemead Planning Division received your Conditional Use Permit application, requesting to establish a religious assembly use. Staff has conducted a review of the application, including the conceptual. plans, and has found the application to be incomplete. In order for the Planning Division to deem the subject application complete, please review and address the comments below, and submit revised plans along with any other required items. Project Information 1. Include and/or revise the following data in the project information section(s): a. General Plan Designation: Medium Density Residential b. Zone: R-2 G. Lot size: 60 x 190.06-- 9,503 sq. ft. d. PAR: 1,346/9,503=94®/o e. Size of existing home: 1,346 sq, ft. (according to Rosemead Building and Safety Records) f. Landscaping calculations for the front yard and the whole lot g. Parking calculations h. Property owner and address Site plan 2. Please indicate any temporary or permanent structures you plan to demolish. This includes any portable shade structures. Indicate3. • material of • or proposed • - !.. 5. All religious activity and any items related to the religious activity shall be located inside the temple. Any outdoor shrines/alters shall be placed inside. Please indicate on the plans that the existing shrines/alters in the front yard shall be moved inside. r e [ Floor—Plan a. The floor plan does not reflect what we have on Please y 1 site plan and verify all rooms and square footages. If 0, new layout if proposed, please label the new roomsibathrooms/storages accordingly. In addition, the floor plan on page Al does not correlate with the floor plan on page A2. 9. The existing storage is blocking the kitchen window. Please revise the plans to reflect the correct location of the existing storage. staff recommends that the meeting room be relocated to the storage. floor . plan to accommodate living quarters, If the clergy is not proposing to. 11vt there, please remove the shower in bathroom 42. Elevations 92.Indicate the exact colors (model #), brands, and materials of all walls, roofs, trims, windows, door, etc. for all existing and proposed structures. 14. Please revise the following inconsistencies: a. Eave color i. The existing eave color Is dark brown, however on the plans, it is labeled red. If red eaves are proposed, please. indicate on the plans that the eaves will be painted red to match the existing red roof. In addition, please match the colors of the eaves to the roof or vice versa. b. Eave Shape I. The existing eaves are not accurately portrayed on. the plans. Please refer to page A2 for revisions. C. Security bars on windows visible from the public right-of-way i. Please indicate on the plans that the existing security bars on all windows visible from the public right-of-way will be removed or relocated inside. However, if the property owner has permits for the security bars, please provide the Planning Division with them: l4�'J Roof Plan 16. Please revise the "new patio'" on the roof plan to state "2 -car carport". Parkins 16. Per Rosemead Municipal Code 17.112.096(A)(2)(a), customer parking shall be a minimum dimension of nine (9) feet wide by eighteen (18) feet deep. in addition, parking stalls shall be striped with three (3) inch doable lines, six (6) inches apart. The stall width shall be measured from the center point of each double striped markings 17. Per Rosemead Municipal Code 17.112.090(A)(2)(c), where a parking stall is located abutting a wall, column, or similar structure, the stall width shall be increased by to (2) feet. The parking stall along the south property line shall be increase by two (2) feet to meet this requirement. 18. Per Rosemead Municipal Code 17.112.191(M), exits from parking lots shall be clearly posted with Stop" signs and it shall be unlawful for a motorist to stop at such sign before leaving the parking lot. 19. Indicate how the parking area will be illuminated. Per Rosemead Mu* nicipal Code Section 17.98. Exterior lighting shall be of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. 20. Per Rosemead Municipal Code 17,112.1110, where a parking area abuts a property classified for R uses, it shall be separated by a solid masonry wall, sir (6) feet in height. Public Safety 21. The Public Safety department would like more information pertaining to: a.. Dally Operation Schedule b. Special events which would create noise ortraffic c. Celebration of any holidays (ex. Chinese New year, Tet; etc.) Public Works 22. Please refer to the attached comments. Los Angeles Pire Department 233. Please refer to the attached comments. -.Please refer to the attached comments. MAYOR- SANDRAARMENTA MAYOR FR® TEM: POLLY Low COUNCILMEMHERS: WILLIAM AIARCON MARGARET CLARK ST, EVEN LY January 12, 2016 8838 E. VALLEY BOULEVARD P.O BDX.399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE -(626) 569-2100 FAX (626) 307-9218 Ky Do & Binh Vinh 7516 Emerson Place Rosemead, CA 91770 SUBJECT. Conditional Use Permit 16-08 7516 Emerson Place EMr On December 12, 2016; the City of .Rosemead Planning Division received your revised plans, requesting to establish a religious assembly use. Staff has conducted a review of the application, including -the conceptual pians, and has found the application to be incomplete. In order for the Planning Division to deem the subject application complete, please review and address the comments below, and submit revised plans along with any other required items. Pro ect Information 1. Include and/or revise the following data in the project information section(s): av FAR-: 1,346/9,503®14% b. Landscaping calculations for the front yard and the whole lot (This will change) . c. Parking calculations (This will change) floor Plan 2.. Staff recommends closing off the doorway that connects -the bedroom to the storage. Parking 0. Per Rosemead Municipal_ Code Mable 17.112.040.1-, single --family dwelling units require two (2) spaces per dwelling unit in an enclosed garage. In addition, one (1) parking space per seventy-five (75) S.F. of floor area used. for assembly not containing seats is required. a. According to the proposed plans, a total of twelve (12) parking spaces are required. Please revise your. plans to meet this: requirement. Staff recommends removing the carport and using 25/p compact parking spots to meet this requirement. If compact parking spots are to be utilized, all 1,70, _1 stalls must be identified by painting "Compact" in each stall using letters no less than ten (10) inches in height. 4. All parking spaces shall have a back-up distance of twenty five (25) feet. Please move the parking spaces further up. This will decrease landscaping, so please keep in mind that you will still have to meet the 20% requirement. 5. Per Rosemead Municipal Code 17.112.090(A)(2)(c), where a parking stall is located abutting a wall, column, or similar structure, the stall width shall be increased by two (2) feet. a. The parking stalls under the carport shall meet this requirement. (it propose carport is to be kept) 6. Please include directional arrows near the entrance of the driveway. Below is an example. 7. Indicate how the parking area will be illuminated. Per Rosemead Municipal Code Section 17.88. Exterior lighting shall be. of low intensity and shielded so that light will not spill out onto surrounding properties or project above the horizontal plane. a. Staff recommends parking bollards as the property is surrounded by residential dwellings. Below is an example l% Public Safety o. The Public Safety department would like more information pertaining to: a. Daily Operation Schedule b. Special events which would create noise or traffic c. Celebration of any holidays (ex. Chinese New year, Tet, etc.) Additional comments may follow as the City of Rosemead Planning Division receives more information. Please feel free to contact me at (626) 569-2544 or alao@ciiyofrosemead.org with any questions or concerns you may have. Rosemead City Hall is open from 7:00 a.m. to 6:00 p,m., Monday through Thursday. Rosemead City Hall is closed on Fridays. Sincerely, Annie Lao Assistant Planner