PC - Item 4B - Minutes of February 5, 2018Minutes of the
PLANNING COMMISSION MEETING
February 5, 2016
The regular 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 — Commissioner Lopez
INVOCATION — Commissioner Herrera
ROLL CALL — Commissioners Eng, Herrera, Lopez, Vice -Chair Tang and Chair Deng
STAFF PRESENT — City Attorney Thuyen, Community Development Director I(im;,City Planner Valenzuela,
Associate Planner Hanh, 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
None
3. PUBLIC HEARINGS
A. ZONE VARIANCE 17.06 - Jingyao, Shi of HJ Auto Group, Inca has submitted a Zone Variance_ (ZV)
application, requesting an exception to Rosemead Municipal Code (RMC) Section 17.68.040.6, by
exceeding the allowable maximum height of the., perimeter fence. Per Rosemead Municipal Code
Section 17.140.020, a, Variance is required for any development that is not consistent with applicable
development standardsor other regulations of the Rosemead Zoning Code. The subject site is located
at 7850 Garvey Avenue and 2743 Strathmore Avenue (APN: 5284.038-001 and 5284-038.002), in the
PC "RESOLUTION 18% - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY 0g LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE VARIANCE 17-
06, GRANTING AN EXCEPTION TO EXTEND THE HEIGHT OF THE EXISTING PERIMETER WROUGHT
IRON FENCE TO SIX FEETtYHE SUBJECT SITE IS LOCATED AT 7850 GARVEY AVENUE AND 2643
STRATHMORE AVENUE (APN: 5284.038-001 and 5264-038-002), IN A MEDIUM COMMERCIAL (C-3)
ZONE.
STAFF RECOMMENDATION It is recommended that the Planning Commission ADOPT Resolution No.
18-02 with findings and APPROVE Zone Variance 17.06, subject to the 15 conditions.
City Planner Valenzuela presented the staff report.
Chair Dang asked if the Planning Commission had any questions or comments for staff.
Commissioner Eng asked if this property is located in the Garvey Specific Plan project.
City Planner Valenzuela replied yes:
Commissioner Eng asked if this was the same use prior to the year "2016".
City Planner Valenzuela replied yes.
Commissioner Eng asked how long this has been an auto sales use.
City Planner Valenzuela replied since the year "2012".
Commissioner Eng asked if this business has always experienced these types of crime incidents since "2012" or has
it recently been spiked.
City Planner Valenzuela explained there was a change of ownership and the'applcant, which is the new owner, took
possession in the year "2016"
Commissioner Eng asked if there were any other alternative security measures that were explored to address these
concerns.
City Planner Valenzuela replied the applicant did follow the all the recommendations and installed camera's and an
alarm system. The Chief of Police recommended at this point that they extend the height of the fence to six feet.
Commissioner Eng stated the staff report indicates there was a major incident that occurred in September that
triggered this request and asked if the applicant has seen similar incidents as the one in September. She also asked
if staff knows if this is an on-going incident and if they know what the incident was.
City Planner Valenzuela replied that the applicant may address that question.
Commissioner Lopez asked what is the height of the current fence.
City Planner Valenzuela replied the fence is currently four feet.
Commissioner Lopez asked what type of fencing it is.
City Planner Valenzuela replied it is a wrought iron fence.
Commissioner Lopez asked if they are extending the wrought iron fence.
City Planner Valenzuela replied they will be extending the wrought iron and the columns in-between to two more feet.
Vice -Chair Tang asked if the applicant is requesting to extend this to six feet.
City Planner Valenzuela replied yes.
Vice -Chair Tang asked if increasing the fence height will deter this type of crime or vandalism.
City Planner Valenzuela replied that according to the Chief of Police, yes it would.
Commissioner Herrera stated the prior auto sales business was possibly not a high end type of auto sales such as
this one.
City Planner Valenzuela replied that is correct.
Commissioner Herrera stated she drove by the business and commented it was a very nice, clean, and is not
inconsistent with the area.
Chair Dang stated the property went through a zone change and asked it was parcel one or parcel two.
City Planner Valenzuela replied it was parcel two.
Chair Dang referred to page three of 14 in the staff report, which indicates the south side is zoned as R-2, and asked
if it still is zoned as R-2.
City Planner Valenzuela asked if he is referring to the property adjacent to parcel.two.
Chair Dang stated he was mistaken and thought it meant south side was south to parcel one.
City Planner Valenzuela clarified that it is parcel two.
Chair Dang invited the applicant to the podium.
Applicant Jingyao Shi of HJ Auto Group, Inc. stated he is the owner of this business.
Commissioner Eng asked what the incident
Applicant Shi stated they have been at this location sine
explained there have been several incidents thatfiave
radios), but they never called the police or the insurartc
wanted to figure things out themselves. He added thatl
(such as Ferrari's, Lamborghini's, Mercedes, and BMW'
stolen and each one costs about $4,000 or $5,000 dol
company dropping them and the security guard cost is
trying his best to keep his business going and would Ill
fence to be a little, higher and he realizes it will not resole
place in
6' and this is their second location in Rosemead. He
red (such as people jumping the fence and stealing
pany because thisis their first business and they just
new location, their inventory consists of high-end cars
e also said they have had four or five sets of wheels
He expressed that he is worried about his insurance
so they are in a hard situation. He added that he is
lain in Rosemead. He added that they would like the
problem, but I may help, as they do not want to move
to a warehouse' and they do not have room for a showroom.
Commissioner Eng thanked the, applicant and asked if they are just going onto the property, stealing car accessories,
dismantling the cars and stealing parts, but they are not stealing the cars.
Applicant Shi replied that is correct,;and mentioned that another dealership has had a couple of cars stolen. He
added that he and his wife pay attention to the installed cameras, alarm, and even take home over 100 to 200
car keys every nightto;protect th&high-end cars. He said they are lucky they have not lost a car, but his friend's
dealership has had the'ga a broken into and the car driven right off the lot. He stated the person that stole his car
accessories came on a Sday night when they were closed, cut the electricity, and was aware that there is a 12 -
hour alarm system, so they broke in at 12:30, and stole car parts. He added that they have a person in the office at
all times for security, but it's not safe as they do not carry guns. He added that the security guard is $4,000 a month
and is very expensive for him and the business.
Commissioner Eng stated she appreciates and understands the applicants challenge, but she lives across from an
elementary school that has an eight foot wrought -iron fence and kids are still climbing over. She stated she is
concerned that raising the fence height will not solve their problem. She added there must be a more efficient way of
doing that, and if they are able to cut the wires and get in now, then they will still be able to climb the fence and get
in.
Applicant Shi stated he knows this will not help 100%, but currently the fence is very low and for someone his height
could step over it easily. He added his dealership sells Lamborghini's and if he sold Camry's he would not even care
because the insurance would pay off for the Camry, but if they steal one of his high end cars, the insurance will only
pay him $50,000.00 max for a Ferrari. He said if he loses one, he will lose $300,000.00 right away and that is why he
takes the keys with him. He said the new fence will be made higher with better quality, and it will be stronger. He
stated he does not mind paying for the new fence, but the security guard is way too much, and he would like to
try the fence first. He also said he know it will not be 100% safer, but he does need some help from the City.
Vice -Chair Tang asked the applicant when they had their security system installed.
Applicant Shi replied it was installed on the day they moved in.
Vice -Chair Tang asked what day was that.
Applicant Shi replied the day the moved in was January 1, 2016.
Vice -Chair Tang asked if their security system includes, cameras, alarms, and if there is anything else.
Applicant Shi replied it has cameras, alarms, and a glass break alarm system too.
Vice -Chair Tang questioned if someone was to trespass into his property, will that automatically trigger the alarm
system.
Applicant Shi replied yes, the police officer will call first, then they will come if needed. He added he always checks
the camera first and if it's not needed, then he will tell the police officer not tocome.
Vice -Chair Tang questioned if it's when someone enters the office building or when someone enters the lot.
Applicant Shi replied when they enter the lot.`'
Vice -Chair Tang referred to all the incidents that happened in "2017" and asked if all these occurrences had all
triggered off the alarm system.
Applicant Shi replied the only time he called, the police officers was the incident where the electric wires were cut. He
stated he watched the video, gave details of what the thieves did, and said they were very professional.
Vice -Chair Tang, questioned when they entered onto the property did the alarm go off, did he (the owner) get alerted,
or does the Sheriff's, Department get alerted.
Applicant Shi replied they cut the electricity and the alarm was not working anymore. He explained that it has a 12 -
hour battery, so it shut off when the trespassers came onto the property.
Vice -Chair Tang stated he is just trying to get clarity, because he mentioned that this happened to his friend's
dealership.
Applicant Shi stated he does not know anything about his friend's dealership.
Vice -Chair Tang asked for clarification if the electrical wires were cut and then the trespassers came back after 12
hours.
Applicant Shi replied yes.
Vice -Chair Tang asked when the trespassers got onto the property to cut the electrical wires, did the alarm notify
the Sheriff's Department or any other agency.
Applicant Shi replied the trespassers shut the power off, so no one was notified. He added he was not there on
Sunday afternoon and after 12 hours, the alarm/camera is not on.
Vice -Chair Tang stated he is just trying to understand if the existing security system is effective. He added if it is not
working, are there other security systems that will help, other than the option of just increasing the fence height.
Applicant Shi stated that currently there is a two-way sensor system and pointed. out where they are located on the
property. He added when the fencing is completed, they are going to install a four-way sensor system around the
dealership and explained where the sensors will be placed. He explained, there is:a lock on the electric room door
and they will be adding a sensor in there as well, so if someone touches it, an alert Will be sent.
Vice -Chair Tang asked if that is already in place currently.
Applicant Shi replied he did it right after that one incident happened.
Vice -Chair Tang stated it is being mentioned that new sensors will be installed on the battery room where the gate is
not facing Strathmore and Garvey Avenue, but this request is specifically' for the fence located on Strathmore and
Garvey Avenue.
Applicant Shi stated that once the fence is up, they want to install a higher level security and to add a four-way
sensor system.
Commissioner Eng stated the Sheriff's Department is present this evening and asked the applicant if he has worked
with them, and if they know Jf it is the same individual co, mmiffing these burglaries.
Deputy Urena replied no, they are not aware if the individual has been identified or if it is the same one. She
explained that it is assigned to the detective's bureau and they are the ones that file the cases, contact the business
owners, and retrieve the camera's video.
Commissioner Eng stated that, it sounds like it's deliberate, it is not some random person off the street, and is
something that is planned. She added if the person is that smart then a higher fence is not going to help and they will
find a way around it.
Applicant Shi commented that if a car gets stolen, they will relocate and leave the City of Rosemead. He said that
they are not making much and if a couple of their high end cars get stolen, they will not be able to continue
their business. He-4416d,this business is his dream and he would like to stay, they have their company logo in place,
and have provided sales t`ax;revenue to the City. He reiterated that he is trying his best, but he just needs the City to
help, and to give him a charice by approving the fence height extension. He knows it will not help 100%, but he
would like to try his best to stay in business.
Chair Dang thanked the applicant for sharing some of the incidents that happened and sometimes, it is difficult to
report some of these incidences, especially when you do not want the negative publicity towards his business. He
said the Planning Commission would like to help the applicant in any way they can in maintaining their business in
the City of Rosemead. He said that the applicant is the owner and stakeholder of this business and he would do
anything in his ability to put in the proper surveillance cameras, the lighting, any redundancy system, satellite back-
up, and he is sure his security consultant has brought all these alternatives to him. He added that the security
system is not the issue but the applicant is requesting that the City help him by allowing him to increase the height of
the fence. He did look at the google pictures on his phone and the facility is well kept, everything is clean and
neat, and he agrees that the fence is a little low, which can be stepped over by kids. He said that it is not fair for law
enforcement officers to get deployed to just chase kids away. He said a six feet fence is practical, it's not
overbearing and the applicant is not asking for an eight to ten -foot -high fence, so six feet is within reason to keep
people out. He stated it is a wrought iron fence and not chain-link and is not something that can be cut with a bolt
cutter. It is a good precautionary measure, something affordable for the business owner, and something that they can
put up right away. He also said it will give the business owner a sense of security for his personal benefit and gives
him something so he can sleep better at night. He stated those are his comments and asked the Planning
Commissioners if they had any further questions or comments.
Commissioner Herrera asked the business owner if he had considered getting a security dog.
Applicant Shi replied that he would try anything and has considered a dog, but he was told that they would just give
the dog meat tainted with poison. He added he does not want a dog to be endangered, so he would rather be there
himself. He also said he has been called numerous times when the; alarm has been set. He stated that if there is
anything he can do to make it better, he will do his best. He added that they just put new grass, new tree, and
cleaned the outside. He stated they just spent a lot of money ;in, -the last three weeks to enhance the property and
invited the Planning Commission to come by to look at it. He reiterated that the fence will help and will keep people
from just jumping in.
Chair Dang thanked the applicant and asked the Planning Commissioners if they had any further questions or
comments.
None
Chair Deng opened the Public Hearing and asked if there was anyone wishing to speak or comment on this item.
Chair Dang closed the Public, Hearing
Commissioner ,Eng stated there was a reason why the Zoning Code was changed to not allow high fencing on
Garvey Avenue and this site is located within the Garvey Avenue Specific Plan area. She stated she sympathizes
with the proptetors challenge for the business and the cost, but she also encourages the Planning Commission to
consider her comment.
Vice Chair Tangrstated he is sympathetic to the applicant's request, but his dilemma is that he is not sure if he has all
the informat6'm,regards to the adequacy of their security system to make a determination on whether they have
fully exhausted their abilities to secure their property. He does not know if their alarm is triggered when someone is
on their property dr f bw it works. He asked if the security system automatically makes contact with the Sheriff's
Department or if the Sheriff's Department immediately responds to the site. He added he is not sure if he has all the
information to be able to say they have exhausted all their options to secure their premise and that a six-foot fence or
gate will now be the last resort. He added it does not necessarily have to be the last resort today, but he also
sympathizes with the Chair's comments, since it would help, it doesn't solve everything, and reiterated that he does
not know if he can make a determination this evening.
Commissioner Herrera stated based on the type of business this is, high end cars and a very low fence, this may be
appropriate on a case by case basis.
Vice -Chair Tang stated he would like to add that in Exhibit "D", which was attached in the staff report, that the
numbers in regards to Part 1 and Part 2, under the number of crimes, they were staggering numbers. He added that
compared to other cities, including the neighboring cities, we nearly double or triple in the number of crimes. He said
there needs to be a broader discussion or broader dialog about the public safety in the City of Rosemead in addition
to evaluating this application. He stated if the City wants to protect businesses, they need to look at how to address
these numbers and how to lower them, so these businesses don't have these problems that they are facing now.
Chair Deng stated he agrees with Vice -Chair Tang and these are staggering numbers and surprised him too. He
suggested that the Community Development Director look into this for the future. He also explained how the security
system works and said if someone comes in, it relays to a call center, and then the call center dispatches the police
department and they will call to see if this is a real emergency. If they are able to reach you, they will tell you the
police are on their way and will ask you if you want to cancel the emergency. If theyy are unable to reach you, the
police will be on their way. He then confirmed with the deputies present if that is typically how a security system
operates.
Deputy Urena replied yes, that is typically how it works.
Chair Deng stated with the security system that the owner has in place and if he put's motion sensors throughout his
property, the downfall of the last incident was that he did not fava`sensors on the backside of the property. So the
property owner consequently is going to increase the sen064fully around the property and has probably exhausted
all his resources in terms of surveillance and security capabilities. The only thing he sees insufficient, and his
security consultant is recommending, is to elevate the fence to'six feet tall as a last resort. In terms to the Garvey
Avenue Specific Plan the applicant probably came in prior to the Garvey Avenue Specific Plan came into place, so he
is a vested member of the community and should be protected. He came in before these ordinances were adopted
and as a City they have an obligation to protect his business. He stated those are his comments and asked for a
motion.
Commissioner Lopez madea motion, seconded by Comrijicfto ssioner Herrera, to ADOPT Resolution No. 18-02
with findings and APPROVE Zorie Valiance 17-06, subjgthe 15 conditions.
Vote resulted in:
Ayes: Dang, Eng, Herrera; and Lopez
Noes: None
Abstain: Tang
Absent: None
Community, Development Director Kim stated the motion passes with a vote of 4 Ayes, 0 Noes, and 1 Abstain. He
explained the 10 -day appeal process.
B. DESIGN REVIEW 16-04 „Gerard Ngo of Waikiki Property LLC has submitted a Design Review
application, a request tw6onstruct a new residential/commercial mixed-use development at 8449
Garvey Avenue and301,4 Earle Avenue. The project would consist of 35 residential apartment units and
7,520 square feetof"coinmercial floor area. The project site is located in a Medium Commercial with
Residential/Commercial Mixed -Use Development and Design Overlays (C-3/RC-MUDO/D-0) zone. Per
Rosemead Municipal Code Section 17.28.030.B.1, a precise plan of design for a residential/commercial
mixed-use development shall be submitted, and approved in accordance with the requirements of
[Rosemead Municipal Code] Section 17.28.020 (Design Overlay Zone),
PC RESOLUTION 18-03 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT RESOLUTION 2018-11 FOR THE APPROVAL OF DESIGN REVIEW 16.04 AND ADOPT
THE ASSOCIATED MITIGATED NEGATIVE DECLARATION, FOR THE CONSTRUCTION OF A NEW
RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AT 8449 GARVEY AVENUE AND 3014 EARLE
AVENUE (APN: 5288-004.041 AND 5288.004.057), IN A MEDIUM COMMERCIAL WITH
RESIDENTIAL/COMMERCIAL MIXED-USE DEVELOPMENT AND DESIGN OVERLAYS (C-3/RC-MUDO/D-
0) ZONE.
STAFF RECOMMENDATION - It is recommended that the Planning Commission ADOPT Resolution No.
18-03 with findings, a resolution recommending that the City Council ADOPT Resolution 2018.11 for
the approval of Design Review 16-04 and adoption of the associated Mitigated Negative Declaration,
Associate Planner Hann presented the staff report and power point presentation.
Chair Deng asked the Planning Commission if they had any questions or comments for staff.
Commissioner Eng asked if the ingress and egress is only off of Earle Avenue
Associate Planner Hanh replied yes.
Commissioner Eng stated that her concern is that Earle Avenue is not a wide street and entering and exiting will be
difficult. She added that exiting the site to make a left turn would be difficult and her inclination would be to make a
right, which would direct traffic towards Delta Avenue. She asked if the.traffic analysis looked at that angle and the
impact it would make to the residents in that area because she did not see a reference to it in the traffic study. She
referred to the trees in the site plan and stated that it shows trees in the back on the north wall. She asked if staff
knows how tall those trees will get.
Associate Planner Hanh replied currently he does not have information on the exact height of what the trees will
grow to. He added that the applicant will be required to submit a final landscaping plan and it can be addressed
when it is reviewed at that time.
Commissioner Eng asked if the wall will be six feet.
Associate Planner Hanh replied yes, except if, the wall is adjacent to the front -yard setback of the residential property
to the north.
Vice -Chair Tang asked how high that wall on the north side is.
Associate Planner Hanh replied it four feet. when it is adjacent to the front -yard setback of the residential property
and it is six feet thereof.
Commissioner Eng referred to the MND regarding traffic and asked if the projections had been taken into account for
the accumulative of the other projects that have been approved or that are currently in progress.
Associate Planner Hanh replied that question can be addressed by the traffic consultant.
Commissioner Eng stated she has the same question in regards to the impact of Earle to Dorothy or to Delta
Avenues. She referred to page 87, 3.17 "Utilities and Service Systems" (Item E) and asked how that was determined
because according to the site plan all the units are suites, so they have bathrooms. She added in "Unit Laundry", the
only mitigation measure that is being proposed. for (Item E) is to install low flow water fixtures. She asked for an
understanding of how level of impact from the design of each bedroom being a suite.
Associate Planner Hanh deferred the question to the environmental consultant.
Commissioner Eng referred to page 78 of the MND, and stated this is a question that also deals with traffic. She said
it is indicating that the approximate travel of vehicles per day traveling on Garvey Avenue is 27,000 - 29,000 and
asked if this was based on an actual count. She then referred to the Conditions of Approval Number "20" regarding
landscaping, and asked if this will include the consultation with the City Arborist.
Associate Planner Hanh replied yes.
Commissioner Eng referred to Condition of Approval Number "22 and questioned what type of security measures
will be installed to prevent the construction material and equipment from being stolen during construction. She also
asked if it is possible to allocate one of the units to low-income individuals with disabilities, so they may have an
opportunity to live in a nice environment.
Community Development Director Kim replied staff can research that request.
Commissioner Eng referred to "Noise" Condition of Approval Number "47" and read (item c) "Loading of boxes,
crates and building materials is restricted to the hours of 7:00 am and 10:00 pm.", and asked if this is correct. She
added she is concerned about the 10:00 pm time limit because some of this will impact the residents in the area and
the traffic on the residential streets.
City Planner Valenzuela replied that the standard ending time
Commissioner Lopez asked even if it is on that size of,a project.
City Planner Valenzuela replied for all the commercial pi
at 10:00 pm.
Commissioner Lopez stated he understands if it is coma
side also.
City Planner Valenzuela replied yes, and stated for previr
Commissioner Eng referred to Condition of Approval N
done. She also.asked in the event there is mitigation th
and who is responsible for paying for it.
10:00 pm.
Jas been conditioned by the Planning Commission
le and asked if it has been approved for residential
nixed use projects it has been approved for 10:00 pm.
at '91" read it. She then asked why it wasn't already
required after the analysis, how will it get implemented,
Associafe Planner Hanh replibditi,was completed already and this is a condition of approval required by Public
Works. I-I'e added through the M' and the studies that were completed by the Environmental Consultant the Traffic
Impact Analysis is already completed:
Commissioner Eng stated she would like to make sure that the sewer capacities for the units are addressed. She
referred to a letter from %q� Los {tngeas County Sanitation District and stated that there was an indication that they
may charge a connectiow fee, to their sewage system. She asked if the condition of approval states who will be
responsible for that.
Associate Planner Hanh replied that their comments were standard comments that are typically given, and that is
why they were not included in the conditions of approval. He explained that during the building permit process it will
be submitted to the Building and Safety Department and it will be relevant to them.
Commissioner Eng asked which type of HVAC system will be used and if it is a Central HVAC system that is being
designed.
Community Development Director Kim stated the HVAC system is something that will be addressed during the Plan
Check process. He explained that currently this is going through the entitlement process and the plans are
preliminary in nature. He added that during the Plan Check process, it will be checked according to the Plan Check
and Building Codes.
Vice -Chair Tang referred to the MND and stated that there are references on page 69 and throughout the MND that
there are 46 residential units, but it is 35 residential units, correct.
Associate Planner Hanh replied that is a typo.
Vice -Chair Tang stated according to that calculation and going back to Commissioner Eng's question about the water
calculations, they used 46 residential units as part of their calculations for the consumption weight of the water. He
said he does not know if that changes that calculation.
Associate Planner Hanh replied if they did use 46 residential units; it would then be more of than if they used 35
residential units that they are proposing.
Vice -Chair Tang referred to page 5 of the staff report and read part of the first paragraph. He then asked staff what it
means by multiple applications.
Associate Planner Hanh replied the project is allowed in the zone through a Design Review, but because part of the
project is requesting a density bonus, which is reviewed at the Giry Council level, the review authority is at
the City Council level.
Vice -Chair Tang asked what the maximum bonus they can receive is with the density bonus.
Associate Planner Hanh replied 35% is the maximum.
Vice -Chair Tang asked if they were already at 30% and they are asking for 5% more.
Associate Planner Hann replied no, they are asking for 35%.
Vice -Chair Tang stated right, it is additional 5%. He asked what is required for this commercial size to qualify for the
community amenities and what is the applicant proposing. He added he only sees the square footage for the indoor
and he is wondering if the outdoor and courtyard is in combusting in that requirement. He also referred to the
standards on page six of the staff report and asked if the private open space is considered as the individual
unit balconies, and if the common open space is considered as the combination of the courtyard and the
indoor residentialamenities.
Associate Planner Hanh replied yes, and explained the private open space is only accessible from the units and the
common open space will encompass the courtyard.
Vice -Chair Tang asked how many units will be restaurants and how many will be retail.
Associate Planner Hanh replied currently it is allocated as square footage, but if it is broken down it will be two units;
if they are to maximize it would be the corner unit and one other unit, because they are all at 1,000 square feet.
Vice -Chair Tang asked if the north side of the project where it abuts the residential unit, does the code come into
place, where it talks about the line of site.
10
Associate Planner Hanh replied because the property to the north is zoned as commercial also, it did not have to
provide the variable height.
Vice -Chair Tang asked even if there is a residential property it is still zoned as commercial.
Associate Planner Hanh replied that according to the code variable height is required when it abutting an R-1 or R-2
zone.
Chair Dang stated this is a mixed use project and asked if this is also a mini -shopping center project.
Associate Planner Hanh replied this could also be categorized as a shopping center according to the definition of the
zoning code.
Chair Deng requested that Associate Planner Hanh read the definition of the mini -shopping center.
Associate Planner Hanh read "Shopping Center" means, "a commercial site with two or more separate businesses
managed as a total entity, sharing common access, circulation; signage, and pedestrian and parking areas so that a
public right -a -way does not to be used to get from one business to another in the C-1, C-3, and CBD zone".
Chair Dang stated that it sounds like it is a shopping center and the reason he is asking is because he thinks there
was a previous meeting concerning this. He asked what the parking ratio for a shopping center is.
Associate Planner Hanh replied if it is 100,000 square feet or less then it is one parking space per 250 square feet
and if it is over it is one parking space per 280 square feet. ,
Chair Dang asked if this is less than 100,000 square feet.
Associate Planner Hanh replied yes.
Chair Deng requested that they go back to the restaurant parking breakdown on the power point demo and pointed
out in the middle column tinder commercial, restaurant is utilized as one per 100 and retail is one per 250, so
recognizing that this is a shopping,center, and asked staff if this particular project can qualifyfor one per 250, as
a blanket of approval.
Associate Planner Hanh replied yes.
Chair Dang recommended that this be acknowledged on the cover sheet of A.1, instead of calling it one per 100,
have it called out as one in per 256 parking spaces, just to be consistent with the Rosemead Municipal Code, so that
parking is parked as one per 250 for even the restaurants.
Vice -Chair Tang asked the; City Attorney if this could also be conditioned as one per 100, because this is also
consistent to the municipal Bode, and if it is labeled as a shopping center, then it is one per 250, but the standard
code for restaurants is one per 100.
City Attorney Thuyen replied that if this is available to be used as a shopping center parking use and that is how staff
has treated it, then that is what the applicant is entitled to in the municipal code. He added based on what has been
presented so far, they did the calculations a little differently, rather than one per 250. He asked staff if that was
correct.
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Associate Planner Hanh replied originally the calculations were made by use, which is the more stringent
requirement, but the applicant has satisfied and provided a surplus, and if the Planning Commission would like to
modify Condition of Approval number 24, to reflect shopping center requirements.
Chair Tang asked what page is that on.
Associate Planner Hanh replied it is in the Staff Report on page 25, Condition of Approval number 24, which is a
condition on the use that would be permitted based currently on parking calculations for land use, rather than a
shopping center.
Vice-Chair Tang stated he would feel comfortable calculating based on land use.
Chair Deng stated he would like to request input from the City Attorney and asked if it meets the definition of a
shopping center, then he does not think it can be conditioned.
Commissioner Eng stated that when you consider a shopping center, a mixed use is not what is in their mind. She
added a mixed use is treated differently; it is a joint project, whet& a shopping center is a stand-alone and does not
have a residential component to it. She asked if this is correct.
Community Development Director Kim stated that Commissioner Eng makes a good point and in the future, it is in
the works to update the zoning code, and to make definitions clearer. He added this is one of the items they are
looking at, the definition of a shopping center and how parking is calculated. He stated he will make a note of this
and he would like to point out that the parking requirement that is contained in the code is the minimum parking
requirement, so regardless if this is calculated as a shopping center and do this as one per 250 or worst case
scenario, break it up to one per 100 the applicant or developer can provide more than necessary. He added in this
particular case even with the worst case scenario in one per 100,'the;applicant has choose to provide additional
parking spaces and they are safe here on how the parking is calculated.
Vice-Chair Tang asked if the applicant can come back and say they want to change the parking a little bit because
they can now potentially qualify as a shopping center and change the parking configurations where they are not
providing the area with a surplus after it's approved this evening.
Community Development Director Kim replied yes, he added any applicant may come back at a later point, and
request an augmentation of the approval or set of plans that have been approved. The Planning Commission should
be aware;tnat this applicant in particular is going through an entitlement permitting process. So in this particular case
when the.:City Council reviews ths`,and if they approve this with the Planning Commission's recommendations, the
project as a whole, it is being approvv`ed is what is being proposed. He added there is always an adjustment or minor
adjustment here and there they may;, gain or lose parking spaces, but if any applicant were to come back and say
they were going to do a signrficant parking adjustment by applying this code, then he would be comfortable stating
something that needs to be reviewed at a higher level just like the prior application as well.
Chair Dang asked staff if the last project that had five restaurants and was parked as one per 250, if that had been a
mixed use project.
Associate Planner Hanh replied yes, it was.
Chair Deng asked if that had been approved in November or December of 2017.
Commissioner Eng addressed the Chair and stated that project was two separate parcels. She added this project is
one parcel.
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Chair Dang stated that it was categorized as a mixed use shopping center and that parcels had anything to do with it.
Commissioner Eng stated that they sold off the commercial arm.
Vice -Chair Tang explained it was a mixed use as in the initial introduction. It came back because they separated the
residential portion in the back from the commercial portion in the front, and the commercial portion came back
because they wanted to apply for a shopping center because they did not have enough parking spaces to
accommodate for the restaurants. He asked if it was considered as a stand-alone parcel and they were not looking
at the residential at that point.
Community Development Director Kim replied yes they were just looking at the commercial portion at that point.
Associate Planner Hanh stated it is a mixed use project, but it was two parcels.
Chair Dang question if the parking in the Garvey Avenue Specific Plan is one per 250.'
Community Development Director Kim replied it may be 1 per ';400, but does not have that information on hand. He
added this property is not within the Garvey Specific Plan area and it would not apply.
Commissioner Eng stated she applauds the applicant for being conscientious and even under the strictest standards
for providing more parking than required. She added it will work to benefit the project in their success and parking
should not be an issue here.
Chair Dang stated he wanted to recognize this also and the applicant is providing surplus parking for the benefit of
the City. He would just hate to have them change the use to a restaurant and not having that availability to them. He
added if this is consistent with the Rosemead Municipal Code, then it is What it is. He added he was just reading the
definition of a shopping center and the. definition does not exclude it from a mixed use project or have that qualified,
so he brought this up. He reiterated what the Community Development Director Kim stated that perhaps this may get
addressed during the ZonkCode update. He referred to Sheet A1.1 and stated, there is a breezeway fountain area
focal point in the courtyard; and asked in the event this breezeway fountain area was used as an outdoor dining
area; (example: Starbucks putting tables and chairs.outdoors) would that trigger parking or is outdoor dining exempt
from parking. He stated just looking at this as a long term perspective of the project because this is not required
open space.
Associate Planner Hanh replied according to the zoning code, when the outdoor seating area exceeds 50% of the
gross interior floor area, then you need one "parking space for each 200 square feet of the floor area exceeding the
50%, otherwise no additional parking, shall be required for the outdoor dining area.
Chair Dang stated those are all his questions and asked the Planning Commission if they had any other questions
None
Chair Dang invited the applicant to the podium.
Mike Lewis, Representative, stated he is here in behalf of the applicant Mr. Yang and Simon Lee. He added he will
do his best in addressing the questions the Planning Commission may have about this project. He said he is not an
architect and Simon's Associate Peter is present to help with any numbers they may need to cover other than what
staff has already covered. He thanked staff for their effort that they have put into this and he has worked with Mr.
Yang on several projects, this is the second one that has come before this Planning Commission, and there is a third
one that will be coming down the road on the west side of town. This is due to the City's effort in revitalizing Garvey
Avenue and incentivizing the property owners to package up parcels and to come back with commercial mixed use
13
projects that include both commercial and housing. He said this is one of those, the design came out great, and he
does a lot of projects around the region and he really likes this design. Some of the highlights of this project are that
there is a 20% affordable component to this, which would be six of these units, would be affordable. To address
Commissioner Eng's question whether one of these units may be allocated for the disabled community he does not
know if this can be done, but it is worth looking into. He said as a result of doing those affordable units they are
allotted a certain amount of concessions and those concessions have to do with building height. The current allowed
height being 50 feet and the overall height of the two highest spots on this building would be 55 feet. He said the flat
roof of the top floor of the apartment is at 44 feet. He stated in terms of ingress and egress, he does not know if you
can actually put a driveway in off of Garvey Avenue because there is an island in one portion. He added that it would
prevent you from making turns in and out and the driveway would be too close to Earle Avenue by the City's
standards. He said so they can only put the driveway on Earle Avenue and he believes there is some additional
right -a -way being given along Earle to widen the street a little on that side. He said the property in the rear is also
zoned as mixed use and it is an L-shaped property and there is a residence on it but there is also a warehouse there
and he thinks the property is used for some kind of commercial activity currently. He addressed the question on time
of construction and as someone that does a lot of work with the construction industry, he can tell them that staying
late isn't the problem it is how early they start. He said they like to start early in the morning, so the big problem is
people trying to start before 7:00 am rather than staying late. During the summer it is light later and it is possible they
may work later but on these kinds of projects you have work crews that work 8 hours and you don't want to pay them
over -time they would rather start at 6:30 or 7:00 am and work for 8 hours and be home early in the afternoon. He is
not sure even if you allow construction to go that late other than a few exceptions when they are doing finishing work
inside or those kinds of things that that is allowed to happen. He stated the HVAC systems will be individual to the
units and they are usually located in the ceiling above the water heaters, and the washers and dryers. He stated in
terms of the parking this project is fortunate that it is able to provide more parking than the code requires, and that
does provide a little bit of flexibility and they would say currently they calculated and you make assumptions on who
the tenants will be, so 2,000 square feet for restaurant and 100 for retail or other commercial activities. If for some
reason the 3,000 feet were needed restaurants that extra 1,000 square feet is currently counted for parking
spaces but if it were going to be. restaurant it would require ten, they have six additional and it would be eleven
overall extra that would give them the flexibility to do that to make sure you get a proper mix of tenants in the
facility. He added that he may answer any questions the Planning Commission may have.
Commissioner Eng asked what the inspiration was in developing this apartment mixed use project in this location.
Representative Lewis replied that is, a market question, but there is an enormous demand in this region for rental
housing and it will continue. He stated they are a million units behind in what they need in this region and they are
falling behind by 100,000 units every year. He said for many people renting is their only option and there is a strong
market for it.
Commissioner' Eng stated she agrees and has no personal objection to apartments.
Representative Lewis stated when his clients file these projects he recommends that they file a tract map so they can
convert the apartments to, condominiums at some point if they wanted to, but for some reason they opt to just keep
them as apartments.
Commissioner Eng asked what types of retail is envisioned for this project.
Representative Lewis replied he does know, but they may be cellular shops and will tend to be smaller because the
units are 500 to 1000 square feet. He stated they will not be big retail units so it will be small visitor serving, such as
a dry cleaners or something of that sort.
Commissioner Eng stated in the MND it has a project completion date of at the end of "2019" and asked if that is
realistic.
14
Representative Lewis replied the end of "2019", it depends on this evening's hearing, but it is not unreasonable.
Vice -Chair Tang stated this is an outstanding project being presented and congratulated Mr. Lewis and Mr. Lee. He
said this is a very nicely designed project, a well thought out project, and thanked them again for providing
the excess parking and that gives them some cushion in terms of the businesses they want to attract for retail and
restaurant use.
Representative Lewis thanked Vice -Chair Tang and stated that this design will raise the bar for everyone else that
comes down the road.
Chair Dang stated he would like to echo Vice -Chair Tang's thoughts and it is ah excellent and well needed project
especially on the Garvey Avenue area. He said hopefully it will put, a spark; of energy in that area, create
additional developments, and he likes the modern design, color, and rendering. He referred to having a driveway
along Garvey Avenue and stated this is a more clever design. He added having the retail spaces on Garvey Avenue
will generate pedestrian traffic that is needed. He said if they were to introduce a driveway, on Garvey Avenue it
would take away the aesthetics and the gravity of this fagade. He said it would also take away the much needed
store front and by having the driveway on Earle Avenue is a better circulation point from an aesthetic view. He added
it is a residential street but the way the project is laid out it may for the best to have the access from Earle Avenue
than Garvey Avenue. He stated the way the project is presented is nice.
Representative Lewis thanked Chair Dang.
Chair Dang asked if the Planning Commission had'anyfurther questions orcom[r ents.
None
Chair Dang opened the Public Hearing.
Raymond Cheng, Architect; stated resides in San Marino and he owns property in the City of Rosemead. He is
present this evening as a guest and wanted to see how the City operates. He has friend that is working on a mixed
use project, so he has heard some of the comments that have been said by the Planning Commission and it is nice
to hear that the. Ui of Rosemead is encouraging mixed use projects in the Garvey Avenue area. With the housing
shortage n 6a'fifornia dhV5residential unit addition will be a plus factor and also by having a mixed use type of
projects in'the commercial are&, compliment the residents that live on top. He added that there will be required uses
that will` better their quality of living by providing.uses that are within walking distance instead of driving around. He
explained there.may be uses such'asAcleaners; 'book store, and it is all there below you, so it will be of good use. He
referred to the shared parking arrangement requirement and the City can take into the consideration that the people
that live there wiI aso be shoppifg there. He stated if you have to provide parking for the residential and the
commercial your bo dyF ad the Cfty Council can really look at it and make a judgment call. He expressed that this
type of use is the ngh knd,of yse for this corridor and will be the right thing to do. He stated that he serves the City
of San Gabriel, which is a'neighboring City and is also a Planning Commissioner for the City of San Marino and he
thanked the Planning Commission for their time and effort in helping the City.
Vice -Chair Tang addressed Mr. Cheng and said if he has a future project pending for the City of Rosemead they
welcome it. He added as he can see he has a tough design to follow.
Raymond Cheng replied that they know that it is a good project and it will come in the future. He added he is just a
personal friend of theirs and he is trying to understand the process in working with the City. He stated it is also a very
nice project and thanked the Planning Commission.
15
Chair Dang stated that he would like to extend their invitation to him to bring projects into the City. He said the City of
Rosemead is going through a renaissance and would like to energize Garvey Avenue area. He stated there are a lot
of incentives and recommended he speak with the Community Development Director for further information. He also
encouraged Mr. Cheng to let his contacts know that the City of Rosemead welcomes new projects and will do
everything they can to promote and secure their funding's.
Raymond Cheng replied that there is nothing better than to make your City business friendly to bring in new
businesses and also make it residential friendly. He expressed it is important in any City in our area to be friendly to
all the business partners and residential people. He thanked the Planning Commission and stated he appreciates all
their work.
Chair Dang thanked Mr. Cheng and asked if there were any further questions or comments.
None
Chair Dang closed the Public Hearing.
Commissioner Eng asked if the Traffic Consultant will be invited to the podium,
Phil Martin introduced himself and stated he is from Phil Martin and Associates. He said to answer Commissioner
Eng's question on page 87, Table 21, there is a footnote number 26, the waste water generation rate was provided
by the County of Los Angeles Sanitation Districts. He stated they have loading factors for various types of land uses,
so they use their waste water generation factors to calculate the waste water. He said if there was capacity and
based upon their comments and responses he received from them, they did notidentify any impacts with not having
waste water treatment plant capacity to serve the project.
Commissioner Eng asked when they calculate this do they look at the plan of the project itself. She added this
project has suites/units with their own bathrooms; they have multiple sewer lines, and laundries. She asked if this
was taken into account in determining capacity.
Phil Martin replied they looked at the site plan, but their waste. water_ generation factors, they look at many types of
facilities that are called multi family, which they use that,waste water generation factor, so they take waste water
loads from a variety of multi famiiy projects and they average out those rates. He added so that is how they get
those rates, in, whatever number of units, water closets, they take all of that into account when they do their
factors. He stated it is not specific for every project but they have them based on a variety of multi -family projects,
just like single-family residential units generate more waste water than a multi -family unit, they base those factors on
looking at marry residential projects like that. He added that Commissioner Eng also had a question on accumulative
traffic. He said their traffic analysis did take into four accumulative projects that were identified in the area and they
are on page 11, in the MND, and the four accumulative projects are listed there. He stated Commissioner Eng also
had traffic comments and he will have Keith Rutherfurd from Stantec that prepared the traffic analysis address
those questions on traffic.
Keith Rutherfurd, from Stantec Consulting Services Inc., stated they did look at the volumes of the driveway on Earle
Avenue and brought them out to the intersection of Garvey Avenue. He explained that they use a very
conservative of estimate of what that outbound traffic would be and they have the volume. He said the volume for
the am peak hour egress of that driveway when they make a left onto Earle Avenue and make their way up to Garvey
Avenue is 28 outbound trips in the am peak hours. He stated those 28 trips come out the driveway to Earle Avenue
and go up to Garvey Avenue and they split approximately 50/50, so that is 14 trips additional left -turns out and
additional right -turns out. He said that is one additional left -turn every four minutes, onto Garvey Avenue and that is
very well under the threshold of significant impact.
Commissioner Eng asked if they would look at the egress if they were to turn right too onto Earle Avenue.
Keith Rutherfurd, Traffic Consultant, replied yes.
Commissioner Eng asked what that number was.
Keith Rutherfurd, Traffic Consultant, replied it is 28 total trips, because you have the driveway, and they break into
right and left turns at 14 and 14. He stated the pm peak hour volume is at 27 trips, so that is about 13 and 14.
Commissioner Eng asked if the number of 28 is based on what, one car.
Keith Rutherfurd, Traffic Consultant, replied the volumes they get and the trip generation is based on the Institute of
Transportation Trip Generation rate and that again is a very conservative number and they do not take anything into
account for discounts for a project like this.
Commissioner Eng asked so going northbound egress of the project would generate 14 trips (cars).
Keith Rutherfurd replied in the total am peak hours outbound are 28 and in the evening it is 27:He added this was
based on real counts for this project and they are the two counts that go across the machine that crosses the road
and counts the traffic.
Commissioner Eng stated she just wants to make sure that was looked at because it will impact the travel route.
Chair Dang asked the Planning Commission if there were any further comments or questions.
None
Chair Dang asked for a motion.
Vice -Chair Tang made a motion, seconded by Commissioner Herrera, to ADOPT Resolution No. 18-03 with
findings, a resolution recommending that"the:City- Council ADOPT Resolution 2018-11 for the approval of
Design Review 16.04 and adoption of the associated Mitigated Negative Declaration.
Vote resulted in:
Ayes:
Dang, Eng, Herrera,: Lopez, and Tang
Noes:
None
Abstain:,
None
Absent:
None
Community Development Director Kim stated this motion passes with a vote of 5 Ayes and 0 Noe's. He explained
that the item will be forwarded to City Council for consideration at a future date.
4. CONSENT CALENDAR
A. NONE
5. MATTERS FROM STAFF
None
17
6. MATTERS FROM THE CHAIR & COMMISSIONERS
None
7. ADJOURNMENT
Chair Dang adjourned the meeting at 8:32 pm.
The next regular Planning Commission meeting to be held on Monday, February 19, 2018 will be cancelled.
The next regular Planning Commission meeting will be held on Monday, March 5, 2018, at 7:00 pm in the Council
Chambers.
Sean Dang
Chair
ATTEST:
Rachel Lockwood
Commission Secretary