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PC - Minutes - 09-20-21Minutes of the PLANNING COMMISSION MEETING September 20, 2021 The regular meeting of the Planning Commission was called to order by Chair Berry at 7:00 p.m. PLEDGE OF ALLEGIANCE — Commissioner Ung INVOCATION — Vice -Chair Tang ROLL CALL — Commissioners Leung, Lopez, Ung, Vice -Chair Tang, and Chair Berry STAFF PRESENT — City Attorney Thuyen, City Manager Molleda, Director of Community Development Frausto-Lupo, City Engineer Ackerman, Planning & Economic Development Manager Valenzuela, Associate Planner Lao, and Commission Liaison Huang 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Thuyen presented the procedure and appeal rights of the meeting. PUBLIC COMMENTS There being no comments, Chair Berry opened and closed the Public Comment period. 3. PUBLIC HEARINGS A. MODIFICATION (MOD) 21-04 - The City is initiating a modification to amend Design Review 19-03, which was approved by the Planning Commission on September 16, 2019, for a new, two-story, 3,000 square feet single-family dwelling unit with an attached three -car garage. The City's Public Work's Department incorporated a condition of approval (Condition of Approval No. 34) which required "All power, telephone and cable television shall be underground." Due to feasibility issues beyond the control of the property owner that arose during construction, the City Engineer has determined that the condition should be eliminated as the undergrounding of utilities would not be feasible. The subject site is located at 8263 Keim Street (APN: 5283-036-038) in the Single -Family Residential (R-1) zone. PC RESOLUTION 21-10 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 21-04, AMENDING DESIGN REVIEW 19-03, BY ELIMINATING CONDITION OF APPROVAL NO. 34, WHICH REQUIRES THE UNDERGROUNDING OF UTILITIES. THE SUBJECT SITE IS LOCATED AT 8263 KEIM STREET (APN: 5283-036- 038), IN THE SINGLE FAMILY RESIDENTIAL (R-1) ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission adopt Planning Commission Resolution 21-10 with findings, and approve Modification 21-04, subject to the nine conditions. Planning & Economic Development Manager Valenzuela presented the Staff Report. Chair Berry opened the Public Hearing. Vice -Chair Tang referred to the discussion in the staff report, when it was noted that power was not installed underground during the Public Works inspection and questioned if the developer went ahead and proceeded with the construction work, Rosemead Planning Commission Meeting Minutes of September 20, 2021 Page 1 of 7 then during the site inspection, discovered that they were not in compliance with the condition to place the wiring underground. Planning & Economic Development Manager Valenzuela replied that is correct. She stated the property was under construction, and when the Public Works Inspector conducted the site inspection, he noted that it was not underground. The City Engineer then spoke to Southern California Edison (SCE), which revealed that due to the conditions of the property, it was not feasible to underground those utility lines. Chair Berry asked if this has happened before. He stated there are other instances where power and water and other lines cross and questioned how situations in those conditions are remediated. Planning & Economic Development Manager Valenzuela deferred the question to the City Engineer. City Engineer Michael Ackerman expressed that the Public Works inspections are typically done last; they typically do the grading, building, onsite and one of the last things to be done is the utility connections. He said whenever a project is conditioned, we try to condition all the utilities to be placed underground; not only for the beautification of the City but also for ADA compliance and reducing obstructions within the public right away. He added, this is not the first time this has happened; there's existing utilities all over, and in certain circumstances, SCE rules and regulations only allows so many utility risers or drops on a certain pole. He also added, poles can only hold so many wires and/or transformers, and then you have all the other existing utilities in the area. so typically, the gravity feed utilities which is storm drain and sewer take precedence, and then any other pressure or dry utilities can be moved around. He then expressed it is not impossible; it would be possible with enough money to underground all the wires on the street, but it becomes impracticable for a certain development to be able to absorb that cost. He added, maybe a pole four or five lane down could have been run to, but at $150 a foot to trench, plus avoiding all the other utilities or digging up the parkway, makes it impractical and uses engineering judgment to evaluate that. Chair Berry asked if it was more of a budget constraint rather than a physical constraint. He stated that he wanted it clarified because it may come up again. City Engineer Ackerman explained it is not impossible with enough money, depending on the size of the project. Vice -Chair Tang questioned if it was not financially feasible due to the property being located right adjacent to a pole. City Engineer Ackerman stated no, typically located adjacent to a pole is what you want because the trench run would be shorter. He said in this communication, SCE did note five different reasons why it could not be done, such as communication services running on the pole's west quadrant, which they said from the time, they planned it to the time the development was built, that west quadrant was taken with another service. He added, there are water lines very close to the pole and the fire hydrants close by, excavation may hinder the integrity of the water equipment. He also said, the communication distribution box which may underground the cable, go into various directions including the direction of the future electrical conduit and impossible to install a three-inch electrical conduit with a six-foot suite to travel west and turn north will cross the existing water, communication, and or gas line, then SCE said, please consider the exemption from this condition due to those limitations with the existing utilities. Vice -Chair Tang questioned what the process will be in terms of learning what is feasible and not feasible for new construction and new developments. He asked if we are going to run this by SCE each time. City Engineer Ackerman stated when the conditions of approval for a project was written, SCE is not consulted immediately, so it is just a basic standard condition of approval. He added, staff has thought about modifying the condition to say, you must underground all utilities adjacent to the project and serving the project, unless it's impractical or impossible to be put into practice. The developers should be doing the dig alert research and locating utilities and SCE should too. He also added that since this has occurred twice, SCE is very aware that the City prefers underground and all conditions of approval should be printed on all sets of plans, and they need to look for that when they do the planning portion of the project. He said SCE will Rosemead Planning Commission Meeting Minutes of September 20, 2021 Page 2 of 7 check, and so will our City inspectors from different divisions as well. He also said, Planning and Building will look for it; Building will be out there first and see if the service panel for SCE goes to the roof or if it goes underground and that will be a first indicator since the meter on the property is installed first. Commissioner Ung questioned if this pole is located across the street from the property and if so, was there a reason why they did not use the other pole on the far end. City Engineer Ackerman responded yes and asked SCE to review other locations. He said it's typical to use the pole across the street and/or either pole to the adjacent to the pole across the street, and SCE came up with similar reasons why it was impracticable due to distance, other utilities in the way, and additional pole boxes on neighbors' properties. There being no additional questions from the Commission, Chair Berry asked if we received any public comment. Commission Liaison Huang replied no public comment was received for this item. There being no public comment, Chair Berry closed the Public Hearing. ACTION: Commissioner Leung made a motion, seconded by Commissioner Lopez, to: Adopt Planning Commission Resolution 21-10 with findings, and approve Modification 21-04, subject to the nine conditions. Vote resulted in: Ayes: Berry, Leung, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Roll call vote resulted in 5 Ayes and 0 Noes. B. MODIFICATION (MOD) 21.05 - The City is initiating a modification to amend Design Review 19-04, which was approved by the Planning Commission on September 16, 2019, for a new, two-story, 3,000 square feet single-family dwelling unit with an attached three -car garage. The City's Public Work's Department incorporated a condition of approval (Condition of Approval No. 34) which required "All power, telephone and cable television shall be underground." Due to feasibility issues beyond the control of the property owner that arose during construction, the City Engineer has determined that the condition should be eliminated as the undergrounding of utilities would not be feasible. The subject site is located at 8267 Keim Street (APN: 5283-036-039) in the Single -Family Residential (R-1) zone. PC RESOLUTION 21-11 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 21-05, AMENDING DESIGN REVIEW 19-04, BY ELIMINATING CONDITION OF APPROVAL NO. 34, WHICH REQUIRES THE UNDERGROUNDING OF UTILITIES. THE SUBJECT SITE IS LOCATED AT 8267 KEIM STREET (APN: 5283-036- 039), IN THE SINGLE FAMILY RESIDENTIAL (R-1) ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission adopt Planning Commission Resolution 21-11 with findings, and approve Modification 21-05, subject to the nine conditions. Planning & Economic Development Manager Valenzuela presented the Staff Report. Chair Berry opened the Public Hearing. Rosemead Planning Commission Meeting Minutes of September 20, 2021 Page 3 of 7 Commissioner Lopez expressed that we could move to motion since this item is the same as the previous one. There being no questions from the Commission, Chair Berry asked if we received any public comment. Commission Liaison Huang replied no public comment was received for this item. There being no public comment, Chair Berry closed the Public Hearing. ACTION: Commissioner Lopez made a motion, seconded by Vice -Chair Tang, to: Adopt Planning Commission Resolution 21-11 with findings, and approve Modification 21-05, subject to the nine conditions. Vote resulted in: Ayes: Berry, Leung, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Roll call vote resulted in 5 Ayes and 0 Noes. C. MODIFICATION (MOD) 21-06 - The City is initiating a modification to amend Design Review 20-02, which was approved by the Planning Commission on June 15, 2020, for a new, two-story, 2,883 square feet single-family dwelling unit with an attached two -car garage. The City's Public Work's Department incorporated a condition of approval (Condition of Approval No. 32) which required "All utilities adjacent to and serving the property shall be underground." Due to feasibility issues beyond the control of the property owner that arose during construction, the City Engineer has determined that the condition should be eliminated as the undergrounding of utilities would not be feasible. The subject site is located at 3139 Burton Avenue (APN: 5289-004-061) in the Single -Family Residential (R-1) zone. PC RESOLUTION 21-12 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 21-06, AMENDING DESIGN REVIEW 20-02, BY ELIMINATING CONDITION OF APPROVAL NO. 32, WHICH REQUIRES THE UNDERGROUNDING OF UTILITIES. THE SUBJECT SITE IS LOCATED AT 3139 BURTON AVENUE (APN: 5289- 004-061), IN THE SINGLE FAMILY RESIDENTIAL (R-1) ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission adopt Planning Commission Resolution 21-12 with findings, and approve Modification 21-06, subject to the nine conditions. Planning & Economic Development Manager Valenzuela presented the Staff Report. Chair Berry opened the Public Hearing. Vice -Chair Tang expressed that this item presents a different set of circumstances. He asked if the riser must be placed on the left and the right of the pole or could it go in front of the pole or the backside of the pole where it would not be in a compromised position because its too close to both driveways. City Engineer Ackerman stated he asked Mr. Roy Liu from SCE the same question and Mr. Liu stated the back is not a possible location for the riser due to the same reasons. He said the pole location is a minimum of 18 inches off a face a curb, and then two feet minimum for residential from the top of X of the driveway approach to either the east or west side. He also said he inquired with SCE about the four quadrants and was told they would violate SCE rules and regulations. Vice -Chair Tang thanked City Engineer Ackerman for the clarification. Rosemead Planning Commission Meeting Minutes of September 20, 2021 Page 4 of 7 Chair Berry expressed it would be nice to get those rules and regulations. He stated he understands the other side because there's communication lines going through and asked how these situations occur because you can see that the poll itself is in potential danger of being hit. He questioned how this happened in the first place, and how do we prevent it from happening in the future. City Engineer Ackerman responded that Mr. Liu sent an exhibit for the east and west, and he will ask him for the north and the south as well. He said during his discussion with SCE staff, they said this was an emergency pole replacement. He added, the staff he was in contact with was not in charge of the planning of this location, so yes, this is not an ideal location for a pole. If possible, we do not allow any new poles within the City, but in the case there's no way to serve a site without a pole; it should not be placed that close to a driveway approach, so that is existing non -conforming with that location. Commissioner Ung questioned whether service would be impacted without a riser. City Engineer Ackerman responded he does not see any existing risers on the left or right of the pole, and services would not be impacted. Commissioner Ung thanked City Engineer Ackerman for his response. There being no additional questions from the Commission, Chair Berry asked if we received any public comment. Commission Liaison Huang replied no public comment was received for this item. There being no public comment, Chair Berry closed the Public Hearing. ACTION: Vice -Chair Tang made a motion, seconded by Commissioner Lopez, to: Adopt Planning Commission Resolution 21-12 with findings, and approve Modification 21-06, subject to the nine conditions. Vote resulted in: Ayes: Berry, Leung, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Roll call vote resulted in 5 Ayes and 0 Noes. D. MODIFICATION (MOD) 21-07 - The City is initiating a modification to amend Design Review 20-03, which was approved by the Planning Commission on June 15, 2020, for a new, two-story, 3,429 square feet single-family dwelling unit with an attached three -car garage. The City's Public Work's Department incorporated a condition of approval (Condition of Approval No. 31) which required "All utilities adjacent to and serving the property shall be underground." Due to feasibility issues beyond the control of the property owner that arose during construction, the City Engineer has determined that the condition should be eliminated as the undergrounding of utilities would not be feasible. The subject site is located at 3143 Burton Avenue (APN: 5289-004-062) in the Single -Family Residential (R-1) zone. PC RESOLUTION 21-13 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 21-07, AMENDING DESIGN REVIEW 20-03, BY ELIMINATING CONDITION OF APPROVAL NO. 31, WHICH REQUIRES THE UNDERGROUNDING OF UTILITIES. THE SUBJECT SITE IS LOCATED AT 3143 BURTON AVENUE (APN: 5289- 004-062), IN THE SINGLE FAMILY RESIDENTIAL (R-1) ZONE. Rosemead Planning Commission Meeting Minutes of September 20, 2021 Page 5 of 7 STAFF RECOMMENDATION - It is recommended that the Planning Commission adopt Planning Commission Resolution 21-13 with findings, and approve Modification 21-07, subject to the nine conditions. Planning & Economic Development Manager Valenzuela presented the Staff Report. Chair Berry opened the Public Hearing. Commissioner Ung questioned once the power gets onto the site, does it then go underground or stay overhead. City Engineer Ackerman responded that it does stay overhead when it gets to the site. He said there is a riser that goes above the roof, takes in the wire, and takes it directly down to the meter on the side of the house. Commissioner Ung questioned if this applied to the back property behind parcel one; would they have to underground once they get onto site to meet the second parcel. Chair Berry stated it sounds like it would be a good idea; go to the first house, go down and then the backline; then you do not have all those overheads. City Engineer Ackerman replied they would if it were multiple buildings or multiple units on one property, but these two properties were subdivided as separate addresses, separate properties, so they have separate services. He added if it was multiple units on one property, then they would typically go underground. There being no additional questions from the Commission, Chair Berry asked if we received any public comment. Commission Liaison Huang replied no public comment was received for this item. There being no public comment, Chair Berry closed the Public Hearing. ACTION: Vice -Chair Tang made a motion, seconded by Chair Berry to: Adopt Planning Commission Resolution 21-13 with findings, and approve Modification 21-07, subject to the nine conditions. Vote resulted in: Ayes: Berry, Leung, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Roll call vote resulted in 5 Ayes and 0 Noes. Director of Community Development Frausto-Lupo explained the 10 -day appeal process for all four items. 4. CONSENT CALENDAR A. PC MINUTES 08.16-21 B. GEOTECHNICAL AND ENGINEERING GEOLOGY STUDIES - 8399 AND 8405 GARVEY AVENUE ACTION: Vice -Chair Tang made a motion, seconded by Commissioner Lopez, to: Adopt PC Minutes 08-16-21 and Geotechnical and Engineering Geology Studies - 8399 and 8405 Garvey Avenue Vote resulted in: Rosemead Planning Commission Meeting Minutes of September 20, 2021 Page 6 of 7 Ayes: Berry, Leung, Lopez, Tang, and Ung Noes: None Abstain: None Absent: None Roll call vote resulted in 5 Ayes and 0 Noes. MATTERS FROM STAFF Director of Community Development Frausto-Lupo welcomed City Manager Molleda City Manager Molleda announced Director of Community Development Frausto-Lupo has submitted her resignation and will be going to the City of South Pasadena as their next Community Development Director. She added, an interim director will start soon. She said, once his contract gets approved at the City Council meeting, staff will set up meetings so the Commissioners can meet the new Interim Community Development Director. She also congratulated Director of Community Development Frausto-Lupo on her new venture. Commissioners congratulated Director of Community Development Frausto-Lupo and sent her well wishes. Director of Community Development Frausto-Lupo expressed her appreciation and wished everyone the best of luck. Director of Community Development Frausto-Lupo added one more item. She said the draft for the Housing Element Update is online for the public and if anyone was interested in viewing it, they can go to www.cityofrosemead.org/HEU. She added, the public comment is scheduled to end on October 41h. She also said he draft for the Housing Element Update is also with the State Housing and Community Development for a 60 -day review and once that is done, staff will schedule a public hearing with the Planning Commission and then City Council. MATTERS FROM THE CHAIR & COMMISSIONERS Chair Berry questioned if there any plans to relieve some of the power poles and utilities from the City for larger projects, by placing it underground. He asked what our plan is. City Manager Molleda answered and said she had a meeting with SCE recently, and they stated they are moving away from this program. For the underground wire, they will not be funding Rule 20 in the future, and it is very expensive to underground these lines. She added, it is a priority of one of our council members and if the council wishes to continue with those projects, then we will be happy to move forward. ADJOURNMENT Chair Berry adjourned the meeting at 7:40 p.m. ATTEST: Commission Secretary Rosemead Planning Commission Meeting Minutes of September 20, 2021 Page 7 of 7