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PC - Minutes - 11-20-17 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 Development Director Kim,Assistant Planner Lao,and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Thuyen presented the procedure and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE David Diaz, MPH Board Member, stated he is the newly elected El Monte High School District Board Member and will be representing the Rosemead, South El Monte, El Monte, and San Gabriel districts. He stated he is also a Planning Commissioner for the City of South El Monte. He added that he wanted to introduce himself, say hello, and left his business card with the Planning Commission. 3. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 17-07 -Cindy Xinfen Wang has submitted an application for a Conditional Use Permit requesting to operate a massage establishment at 3927 Walnut Grove Avenue, Units 121 & 122 (APN: 5371-011-016). The proposed project would not increase the floor area of the existing building.The subject site is located in the Medium Commercial with Design Overlay(C-3/D-0)zone. Per Rosemead Municipal Code Table 17.16.020.1, approval of a Conditional Use Permit is required to establish a massage service use within the Medium Commercial(C-3)zone. PC RESOLUTION 17-21 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 17-07 FOR THE OPERATION OF A MASSAGE ESTABLISHMENT. THE SUBJECT SITE IS LOCATED AT 3927 WALNUT GROVE AVENUE, UNITS 121 & 122 (APN: 5371-011-016), IN A MEDIUM COMMERCIAL WITH A DESIGN OVERLAY(C-3/D-0)ZONE. STAFF RECOMMENDATION-It is recommended that the Planning Commission ADOPT Resolution No. 17-21 with findings and APPROVE Conditional Use Permit 17-07,subject to the 23 conditions. Assistant Planner Lao presented the staff report. Chair Dang asked if the Planning Commission had any questions or comments for staff. Commissioner Lopez asked how many massage establishments does the City of Rosemead have. 1 Assistant Planner Lao replied there are 12 massage establishments. Commissioner Lopez asked how close they are 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 had 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, and he requested a security plan. She added it is attached in the staff report as, 'Exhibit E". Chair Dang asked how many massage establishments are adjacent to this proposed site. Assistant Planner Lao replied there is one in the Plaza next door and 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 establishment incorporates foot and body massage. Chair Dang asked if there were any further questions or comments for staff. Commissioner Lopez asked what the hours of operation are. Assistant Planner Lao replied the hours of operation are 10:00 am to 10:00 pm. She stated the municipal code limits them from 8:00 am to 10:00 pm, but the applicant is requesting the hours of 10:00 am to 10:00 pm. Commissioner Herrera asked why this is item being presented to the Planning Commission when staff usually approves items like this over the counter. Assistant Planner Lao explained before a massage ordinance was established it was permitted by right, afterwards, it required an Administrative Use Permit (AUP). There had been a moratorium on this and currently it requires a Conditional Use Permit, 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. Commissioner Herrera asked if the moratorium was restricting massage establishments because there was an overpopulation of them. Assistant Planner Lao replied 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 the maximum amount is. Assistant Planner Lao replied there is not a maximum in the Ordinance. 2 Commissioner Herrera commented, so the moratorium was just to limit it. Assistant Planner Lao explained 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 said during this process, which took 2 months, they have worked with staff, the building department, the fire department, and reviewing agencies to make sure all requirements have been met. He stated the hours of operation are 10:00 am to 10:00 pm and will be the only massage establishment in this plaza. He added that there are only 12 massage establishments in Rosemead, which is less than what the City of San Gabriel has. He stated the applicant is willing to accept all the conditions 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 was anyone wishing to speak on this item. None Chair Dang closed the Public Hearing and asked if the Planning Commission had any further questions or comments. None Chair Dang requested a motion. Vice-Chair Tang made a motion, seconded by Commissioner Lopez,to approve Conditional Use Permit 17- 07,subject to the 23 conditions. Vote resulted in: Ayes: Dang, Herrera, Lopez,and Tang Noes: None Abstain: None Absent: Eng Community Development Director Kim stated the motion passes with a vote of 4 Ayes and 0 Noes to approve Conditional Use Permit 17-07 and explained the 10-day appeal process. B. CONDITIONAL USE PERMIT 16-08 - 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 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. 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. 3 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 reserved City Council parking spaces and requested that anyone that may have parked there 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-0 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 11:00 am to 3:00 pm. He asked if they want to go outside of those hours for a special ceremony, would they come back to apply for a special Administrative Permit,or what would be the process. Assistant Planner Lao replied if it is a one-time event,they would have to apply for a Special Event Permit. Vice-Chair Tang asked if that would allow them to expand their hours of operation. Assistant Planner Lao replied it would not, but would be discretionary and the Special Event Permit would be approved or denied. Vice-Chair Tang asked if they are granted a Special Event Permit, will it allow them to be exempt from additional parking requirements. Assistant Planner Lao replied that when the Special Event Permit is reviewed by the Community Development Director it will disclose if additional parking will be necessary. If it is necessary, then the applicant will be required to meet the parking requirement,and may have to provide an off-site for parking. Chair Dang requested that cell phones be silenced and invited the applicant to the podium. Ky Do, applicant, thanked everyone for being there and appreciates all their support. He addressed the Planning Commission and stated he has been practicing as a successful dentist for about 25 years and he has been the president of this Temple f or 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, and has helped flood victims around the world, especially in Vietnam. He added their goal is to globally humanitarian, their main location is at 7516 Emerson Place, and they have resided there for over 25 years. He stated that for all these 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 members 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 is 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 4 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 and family is priceless. He gave a brief summary of the history and how their Chinese ancestors 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 said 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 Deng asked the Planning Commission if there were any questions or comments. Commissioner Lopez asked it the hours of operation are 11:00 am to 3:00 pm every day, 7 days a week. Ky Do, applicant, replied not 7 days a week, mostly just on Sundays only. Commissioner Lopez asked if they are open 7 days a week, but religious gatherings are only on Sunday. Ky Do,applicant replied yes. Vice-Chair Tang stated religious gatherings are only on Sunday and asked if they still allow people to come into their establishment from 11:00 am to 3:00 pm,7 days a week. Ky Do, applicant, replied yes. Vice-Chair Tang stated so essentially they are still open 7 days a week from 11:00 am to 3:00 pm and asked if that was correct. Ky Do, applicant replied the average number of people that come during the week are only three to four. Vice-Chair Tang confirmed and asked again it the hours of operation are 11:00 am to 3:00 pm,7 days a week. Ky Do,applicant, replied that is correct. Vice-Chair Tang asked what type of activities take place at this establishment. Ky Do, applicant replied they share food, networking,talking,and building strong relationships. Vice-Chair Tang stated and confirmed there are prayers also. Ky Do,applicant, replied yes. 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 they usually entertain. 5 Ky Do, applicant, replied maybe 25 to 30 people. Vice-Chair Tang asked why at this location. Ky Do, applicant, replied currently this is the only location they can afford. 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 that one person is. 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 demolish some illegal additions and the new square footage will be 1,308 square feet. Vice-Chair Tang asked with that square footage,does the fire department require any type of maximum capacity with a building of that size. Assistant Planner Lao replied the Building and Safety Division will establish the maximum capacity if it goes to plan check. Chair Dang requested that everyone hold their applause so it does not disrupt the meeting. City Attorney Thuyen requested everyone hold their applause so that everyone is comfortable and available to do public comment. This may be an emotional issue for people who are for or against this item and requested that noise be kept at a minimal and to please keep clapping, cheers, or boos to a minimum. He added that way there is an atmosphere that allows people to comment and provide their testament freely. Chair Dang asked the applicant if the designer/architect is present. Ky Do, applicant, replied yes. David Ho, representative for the architect,stated he is present,but 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, if it is favorable, and it will help this commercial project blend in with the surrounding residential neighbors. 6 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 for the fence will be four feet. Commissioner Herrera asked if the Planning Commission is approving the operation of a religious establishment and the modification of the residential home. Assistant Planner Lao replied yes. Commissioner Herrera asked d one is contingent to the other one being approved or will it be done regardless. Assistant Planner Lao replied no, and explained if the religious assembly does not get approved,there will not be a parking lot,there will be no changes, and it will convert to being a single-family dwelling unit. Commissioner Herrera stated it currently seems to be a single-family dwelling. Assistant Planner Lao replied currently it is a single family dwelling, there is not a parking lot, and there is no proposed carport. Vice-Chair Tang asked staff when this site began its operation. Assistant Planner Lao replied according to the Code Enforcement case file the first complaint was dated August 6, 2016,for a single family dwelling unit operating as a religious assembly without proper entitlements. Vice-Chair Tang clarified that it was April 6,2016. Assistant Planner Lao replied yes,April 6, 2016. Vice-Chair Tang asked if they are present today because of those case findings. Assistant Planner Lao replied yes. Chair Dang asked 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 Community Development Director will review it and take consideration of parking, noise, and traffic. It is also routed out to 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 it 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. 7 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. 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, being open seven days a week, and asked the applicant if Saturday and Sunday's are when the majority of the people visit. Ky Do, applicant, replied they visit on Sunday only. Commissioner Lopez commented that they are open seven days a week but anybody can come and visit. Ky Do,applicant, replied they are open for members only. Commissioner Lopez asked how many members are there. Ky Do,applicant, replied there are about 600 people. Commissioner Lopez expressed his concern is that the school is so close and the applicant has indicated members attend only on Sunday. He said that is not an issue, but with that many members they are able to attend during the week also. Ky Do,applicant, stated during the week-day they do not need to park on the street at all. Commissioner Lopez asked if more than 20 people attend during the week. Ky Do,applicant, replied that never happens. Commissioner Lopez stated that is telling him that is not going to happen, but it is established that it can happen. He stated since there is a school with 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. 8 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 the members will 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 of 25 feet of back-up space. She added parking space number seven does meet that code, and will be able to back up and turn. 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 landscaping requirement that the applicant has to meet. Chair Dang asked what the landscaping requirement number is. Assistant Planner Lao replied the lot size is 9,500 square feet, multiply that by 20 percent, and they will need around 1,900 square feet of landscaping. Chair Dang asked if that is based off the zoning or the particular use. Assistant Planner Lao replied it is based off of the zoning code and this is R-2, which requires 20 percent landscaping. Chair Dang asked if this was a commercial zone what the landscaping requirement would be. Assistant Planner Lao replied it would require six percent. Community Development Director Kim addressed Chair Dang and responded to the Special Event Permit requirement and stated Section 17.124.040 of the code limits Special Events to three times in a calendar year. Commissioner Herrera stated she would like to know if there have been any complaints from the neighborhood or if there have been police calls made. Assistant Planner Lao replied she does not have information if police calls were made, but there are several residents that are present this evening, and their concerns are regarding with smoke, noise, and parking in the street. Commissioner Herrera asked if that has been going on ever since it started. Assistant Planner Lao replied yes. Commissioner Herrera asked if this has been going on since"2016" 9 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 they first acquired this property. Ky Do, applicant, replied'1991.' Vice-Chair Tang asked if this has always been a single family residence or has it always operated as 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 enforcement cases that were brought against the property. Ky Do,applicant, replied no, he was not. Chair Dang asked the applicant if he was always the president or the executive officer that addressed these types of issues. Ky Do, applicant, replied yes, for the last two years. Chair Dang asked if his predecessor knew about these code enforcement cases. Ky Do, applicant, replied he is not aware if they were. Chair Dang asked if his predecessor did not alert him of these activities. Ky Do, applicant, replied no. Chair Dang referred to the activities that where mentioned that are held outside and asked if there were four of them. Ky Do, applicant, replied yes. Chair Dang asked during these outdoor events incense is lit and asked if there is a new product that is smokeless now. Ky Do, applicant, replied yes. Chair Dang asked if there is a particular smell from the incense. Ky Do, applicant, replied he has some with him and offered to demonstrate it. 10 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. William Su, owner of that property of the corner of Del Mar Avenue and Emerson Avenue 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 square feet away in order to utilize the shared parking agreement. Chair Dang asked if that is a 300 feet walking distance. Assistant Planner Lao replied it is 300 feet radius from site to site. Chair Dang asked if the Planning Commission if there were any further questions for staff. None 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 comments to three minutes 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 to this facility on the weekends and to the ceremonies if there is one. It is part of their culture, faith, and he requested that the Planning Commission approve this item, so the members may continue to attend because this is very important to them. Robert Ysais, resident stated he opposes this item and has lived in the area 30 to 40 years. His concerns are lack of parking, heavy traffic especially when functions/gatherings take place, is dangerous for children walking during school hours, during the evenings,and for the pedestrian traffic on weekends with families walking to the only nearby market. He added it is a fairly busy street. Michelle Du, resident stated she supports this item because this is a special place for her, her family, and to the many that have attended this evening. She added this not just a place for them to come together and pray. It is a 11 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 Tern 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 doctors, 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 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 temple 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 for over 40 years 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 church purchased from one religious order from somebody else and it was located on the other side of Valley Boulevard on Rosemead. He added when that religious group came in, the parking was inadequate,and there was a condition on the rear structure that it would remain there for the previous pastor, who was elderly, and was to stay and live there. He stated this new religious group came in with a small group of maybe 20 people and within a few months they were parking in people's front yards, blocking driveways, and they were asked to appear before the Planning Commission to address the violations. They made an arrangement to use the bank parking, which was fine, but they still parked in people's yards even though they had permission from the bank for parking. He stated the bank changed ownership and right away they lost the contract.He referred to the gentleman that has offered his location on Emerson and Del Mar that will allow them to park there and explained that the area is very tight area to park in and it is hard to get in, and see out of. The elderly members will have to go up the steep hill and walk for 3 1/2 blocks to get to the temple. He added if the Planning Commission approves this conditional use permit, it is very hard to lake this back from them, it can be done legally, and if the press gets a hold of anyone coming down on a religion group it can be bad press for the City. He stated he has walked by there before and has seen people just sitting there in their driveway and appears to be loitering but not causing any problems. He added he has nothing against their religion, they are probably a great group, and he expressed that the location is bad. He recommended that there is a prime location on Del Mar Avenue just north of Emerson Avenue and it is a large lot located on the east side of the street. He stated that it is an eyesore for the City, a development had started, but it fell through, and expressed this location would be a nice site for this use. He stated with 600 members and if they get a few more they might be able to acquire that site and build there, but this is not in character with the neighborhood and they have already demonstrated they have not followed ordinances. He encouraged the Planning Division to vote no on this item, not let them in, or possibly recommend another location. Bau Kiev, stated he is representing the Vietnamese American Senior Association in the San Gabriel Valley and has been in Rosemead in the last 22 years. He stated he is present to support the religious and cultural activities, so the temple is not an exception, but he does not want to waste their time with the importance of the religion 12 activities. He stated he wants to address Mr. Lopez's point and most of the Vietnamese organizations are congregations, sharing the same problem, like their organization with 400 members and they never get over 50 people coming to the meeting. He stated that is one of the problems with their organization. He stated if the temple has 600 members you will find that only five people go to the temple daily, because the temple is not like a church with a mass, and the temple gets together only on Sunday. He stated during the day you will see only two to three people and why be open seven days a week from 11:00 to 3:00 pm if people are coming in. There are no active members if they can show him 100 active members then he will withdraw his support. He added they do not have that and maybe only have 20-30 active members. He said during the weekday people cannot attend,or they come in to see or pray. He said during the day without a mass no one comes and he is an active member of the San Gabriel Mission Church and during the day you never see people during the day. He stated something goes wrong,you can never find a perfect anything, there is 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 city code enforcement and regulations. He stated if the Planning Commission gives them this you are rewarding this behavior and it's 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 rules. He requested that the city considers this while making their decision. Vice-Chair Tang thanked Mr. Lewins comments on this item and stated that there is a difference when pictures are taken and then posted. So the date on them may be misinterpreted and he wants to make sure in the fair sense of transparency that they acknowledge that aspect of it. Bob Bruesch, representative of the Garvey School District, stated he was also a PK kid (a preacher's kid) and lived through a time period of his life when their congregation did not have a home. He added he has to put that behind him because he has to worry about the school and the kids in that school, being on that school board. He added that school was built almost 100 years ago for about 15 staff members and it now almost has 40 staff members. He added that parking lot does not hold 40 cars, so they are always using the parking along Emerson Avenue for staff because they have nowhere else to put them. He stated he has gone to the school many times during the day, especially on the junk day you cannot find a place within blocks of that school to park because it is so crowded. He stated the real worry is the time period of this temple letting out at 3:00 pm. He stated between 2:30 and 3:00 if you have been by any school, kids do not walk home from school any more, the parents pick them up. He stated up to two weeks ago there has been two accidents where children crossing the street that got hit. He added he knows the Planning Commission has a hard decision to make but they do need some guarantee that their staff will not shut off of parking and at 2:30 to 3:00 that the students are adequately protected from increased traffic. Ruth Mak, stated she filled a speakers request requesting to yield Su Mak's three-minutes time to her so that she can complete her presentation in six-minutes and asked if this can be allowed. Chair Dang apologized and stated that will not be allowed. Ruth Mak expressed her love for the community and that she's live in the City for over 37 years. She stated she loves the community so much; she came back to be a teacher for Richard Garvey Intermediate School. Ms. Mak also stated that she continues to love the city, 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 13 do not live to utilize it properly. For ten years, on the first day of school, she would review lockdown, fire and earthquake procedures with her students, as they would retain what they learn on the first day. Now, she feels that the safety and health of the children in the community are being compromised. Ms. Mak stated the association has stated they will mitigate the harm of their presence, but so far, they have constantly lied to the community and violated the ordinance. They violated the noise ordinance in which she had to call the police to step in. She stated the noise from the karaoke was so loud that when she lifted her phone speaker to the outside of her house,the police deemed it exceeded the allowed decibel level. She gave another example on February 8, 2016, on the first day of Lunar New Year, they were hitting the gong to announce the arrival of each guest from 12:00 a.m. to 1:00 a.m., which would've continued if she didn't interfere, which is another violation. Ms. Mak stated that they came to her house to inform her that they were looking for a different location,when instead, they have been secretly seeking the Commission's approval,which is a lie. She referred to the staff report and said it states they have ceased operations since April 26,2016, however,their Facebook page indicates that they never ceased operations. They have pictures from May 3, 2016 to this year, another violation. Ms. Mak stated they said they would open parking spaces, however,they are still illegally parking and dropping off. In one instance, a man parked his car on the entrance of her driveway to drop off his passengers, an 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 d ven 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 ceased operations. He then referred to "Slide 10" and said it's the most important 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 properly,there is a sign that says tobacco use is prohibited. Mr. Mak added the temple property is two homes away from the school. He then said on "Slide 13," 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 that incense smoke is even worse than cigarette smoke. Mr. Mak then encouraged the Commission to review a study done by the South China University 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 are four. He said there are plenty of temples and we don't need a temple next to a school. Mr. Mak refers to "Page 17", which is a goodie earth that shows the residential street,a two-lane road with minimal parking and minimal traffic accommodation. He then refers to the picture on the right on "Slide 17"and said it shows how many people show up at one of the events. He also said this is from their Facebook page, which they are not shy about, they're saying they are violating the code. He said there are more in this room than what they are talking about. Mr. Mak refers to "Page 19" and said he cares about the facts, smoke is bad for kids, incense smoke is even worse; second, the school is only 158 feet from the temple, allowing this will open the door for cigarette lounges, smoke clubs, smoking rooms, and other temple with incense smoke to open nearby schools; and lastly and most important, there are already four temples within a half square mile. He encouraged the Planning Commission to not approve this. He ended that he is a Buddhist and knows what they are trying to do. William Su,expressed that he is allowing them 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 14 activities are on weekends. Yes,they have 600 members. He comes from an organization with 1,200 members. 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 for anyone to walk in to pray, but are no activities. People just come in to pray, maybe one person or groups of four or five. He said people barely come during the weekdays. He also said the members have already said that's where they meet friends and 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 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. She tried to learn the theory of ying and yang and learned the art of Chinese herbs to help the fishermen 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, 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 Bi II Gates. David Brockway, stated 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 bases 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 pass high school. He said the communities of the Asian culture not only make it pass elementary school and high school, but they flood the universities and they flood the job market, because their parents have taught them the culture of Asia 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 comes from those temples and succeeded. He requested the Commission approve the resolution. Mr. Brockway said the temple has been in operation since 1991 and just recently, it's been brought up that incense causes cancer. He ended by saying there was a time when San Gabriel Valley was filled with crime, but it's not so much anymore. L'inh Tran, resident,thanked the community for their time to listen to both sides. She said she's here to listen to both sides and agrees with parking and there's traffic in LA. She said there are parking issues everywhere. She also stated that Dr. Ky Do has indicated that he will use smokeless incense and they want to work with the neighbors. She said they meet there and it's so sad. Ms. Tran said they have discussed three solutions thoroughly. She also said she was a school teacher before, loves children, and doesn't like smokers. Ms. flan stated they will find solutions such as using incense like Dr. Do mentioned, use parking from William Su's property, and the property will provide nine parking spaces. She said the temple is very important for a lot of people; they come for fellowship, some have family issues. They talk about it and pray. She encouraged the Commission to grant their permit and promises to work it out to make both sides to reach an agreement. Betty Kwan stated she's a resident of Temple City and has concerns about traffic. She said there are other temples in the vicinity that will accommodate the religion or is the same religion, so she doesn't see why you need another temple so close to the vicinity of the school. She said the health and safety of the children can be jeopardized with extra traffic, more cars,etc. She is concerned that it was never mentioned that there were four temples in the vicinity of this current potential site that may accommodate the same religion. Ms. Kwan is concerned as there are alternatives and it was never mentioned. Chair Dang stated there are no more speaker requests and asked if anyone else would like to speak. 15 David Ho,stated he has property in Rosemead and can donate them as parking over the weekend. Mike Tran, stated he doesn't know why 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. 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 residents. 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 plant their roots and that the planning commission has a duty to maintain that character. He expressed that in his opinion, he thinks that the impacts that this project has outweigh the benefits of the project. Commissioner Herrera expressed that although she loves the establishment and what they are doing, she does not love the proposed location for the project and that there are four other alternative locations. Vice-Chair Tang stated that when individuals come up to testify and give their public input on matters,especially from the applicant themselves, commissioners usually take their word and do not ask for evidence. He expressed his concern for transparency from the applicant in relation to maximum capacity and peak time for the temple services. The applicant had previously stated the maximum capacity to be 25 persons, but the photographed displays on social media indicate that the temple would be accommodating more than 25 persons. In his 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 Dang stated he appreciated both sides giving their testimony and for non-native English speakers, it is a task trying to communicate 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 terms of parking. The code requires six spaces and the applicant would like provide seven. He addressed Assistant Planner Lao and asked if the code allows for tandem parking stalls. 16 Assistant Planner Lao answers that tandem parking is only permitted for single-family parking garages and tandem parking stalls in commercial is prohibited. Chair Dang stated that he understands the temple congregates 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 Dang stated that there are too many variables against this proposal, even with the smoke, he did not realize there were barriers along the side properly line. The proposal stated that there would be tour 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. He asked if Planning Commission is ready to motion. Vice-Chair Tang made a motion,seconded by Commissioner Herrera,to deny Conditional Use Permit 16-08. Vote resulted in: Ayes: Dang,Herrera, Lopez,and Tang Noes: 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 Vice-Chair Tang, to approve the Consent Calendar as presented. Vote resulted in: Ayes: Dang, Herrera,Lopez,and Tang Noes: None Abstain: None Absent: Eng Community Development Director Kim stated the motion passes with a vote of 4 Ayes,0 Noes, and 1 Absent. 5. MATTERS FROM STAFF Community Development Director Kim stated there are no matters from staff at this time, but had a question for staff. He stated in a couple of other cities he has worked at, they had topical questions at every Planning Commission meeting to discuss any new legislation coming down the pipe that the Planning Commission may be interested in learning. He asked if the Commission has interest in a topic, it can be selected, and put as a quick discussion item on the agenda such as ADU, massage parlors,CEQA, or any other questions that Commissioners may have. Chair Dang asked are these draft zoning amendments visible for the public or as Commissioners may we view drafts of amendments, like the ADU amendment. 17 Community Development Director Kim replied any code amendment pertaining to the zoning code will come to Planning Commission for discussion and recommendation to the council. However, 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 asked if the first visual of it will be at the commission meeting and there will not be a draft of it. Community Development Director Kim replied that is correct. 6. MATTERS FROM THE CHAIR&COMMISSIONERS Commissioner Herrera stated she has 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 recember 4,2017 at 7:00 pm in the Council Chambers. i Sean Dang/ Chair ATT T: Rachel Lockwood Commission Secretary 18