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PC - Item 4A - Minutes of March 7, 2016Minutes of the PLANNING COMMISSION MEETING March 7, 2016 The regular meeting of the Planning Commission was called to order by Chair Tang at 7:00 pm in the Council Chambers, 8838 E. Valley Boulevard. PLEDGE OF ALLEGIANCE — Commissioner Dang INVOCATION — Commissioner Herrera ROLL CALL — Commissioners Dang, Eng, Herrera, Vice -Chair Lopez and Chair Tang STAFF PRESENT— City Attorney Murphy, Community Development Director Ramirez, Chief of Police Somoano, City Planner Valenzuela, Planning Intern Rath, and Commission Secretary Lockwood. 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS City Attorney Murphy presented the procedure and appeal rights of the meeting 2. PUBLIC COMMENTS FROM THE AUDIENCE) None Commissioner Eng addressed the Chair and requested that Public Hearing Item 3B (Conditional Use Permit 15.08) be presented before Public Hearing Item 3A (Design Review 15 -09 and Minor Exception 15 -10). Chair Tang asked the Planning Commission and staff if they are in favor of the reorganization of the two Public Hearing items. Planning Commissioners and staff stated they are all in favor of moving Public Hearing Item 3B above Item 3A 3. PUBLIC HEARINGS B. CONDITIONAL USE PERMIT 15.08 - TSW Investment LLC, doing business as Fairfield Inn & Suites Marriott, has submitted a Conditional Use Permit (CUP) application, requesting approval for a new Off - Sale Beer and Wine (Type 20) ABC license at a new corner market located within the hotel. The subject site is located at 705 San Gabriel Boulevard (APN: 5271 - 002 -066), in the C -3 (Medium Commercial) zone. PC RESOLUTION 16 -02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 15 -08 FOR A NEW OFF -SALE BEER AND WINE (TYPE 20) ABC LICENSE AT A CORNER MARKET LOCATED WITHIN THE FAIRFIELD INN & SUITES MARRIOTT. THE SUBJECT SITE IS LOCATED AT 705 SAN GABRIEL BOULEVARD (APN: 5271. 002.066) IN THE C -3 (MEDIUM COMMERCIAL) ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 16- 02 with findings (Exhibit "A ") and APPROVE CUP 15 -08, subject to the 21 conditions of approval. City Planner Valenzuela presented the staff report. Chair Tang asked the Planning Commission if there were any questions or comments for staff. Commissioner Eng asked the Chief of Police Ignacio Somoano what period the crime statistics is from. Chief of Police Somoano replied it is from November 3, 2013 through November 3, 2015. Commissioner Eng referred to the 20 disturbance calls that were reported and asked if they had been for inside or outside of the hotel. Chief of Police Somoano replied it would be for anything to that address. Commissioner Eng asked if the beer and wine is intended to be consumed in the guest rooms. City Planner Valenzuela replied yes. Commissioner Eng referred to Condition of Approval number fourteen (14) regarding the posting of signs and asked if the signs will be in the common areas. Community Development Director Ramirez replied they will be posted in the interior and exterior of the building. Vice -Chair Lopez asked what is the ratio as far as alcohol being served through that area. City Planner Valenzuela replied in this census tract for Type 20 licenses, there are zero (0). Vice -Chair Lopez asked if this hotel had previously been the Marriott. City Planner Valenzuela replied it had previously been the "Holiday Inn Express ". Vice -Chair Lopez asked what type of security measures will be taken with the sales of alcohol. City Planner Valenzuela replied that the Chief of Police added security measures. Community Development Director Ramirez stated they are Conditions of Approval numbers 16 through 21. Vice -Chair Lopez confirmed with staff that alcohol will not be served after 11:00 pm. City Planner Valenzuela replied that is correct. Commissioner Dang asked if this is a new ABC License or is one in place currently. City Planner Valenzuela replied this is a new one. Chair Tang stated one of the conditions states the sales of alcohol shall be limited to registered hotel guest and asked how that will be enforced. City Planner Valenzuela replied that the sales of alcohol will be controlled by the front desk and the applicant may address that question. 2 Chair Tang asked what the justification is behind limiting the hours from 7:00 am to 11:00 pm Chief of Police Somoano replied that he is trying to be consistent with the other perimeters that have been placed with similar businesses. Chair Tang asked if the establishments /businesses that have been limited to 11:00 pm are because they are convenience stores or restaurants that are open to the public. Chief of Police Somoano replied yes. He explained this establishment will have other perimeters where it will be hotel guest only, it will be monitored differently, and he does not anticipate this business having the same problems (beer runs) as a business open to the general public would. Commissioner Dang asked where it states that consumption needs to be on site and is it one of the conditions of approval. Community Development Director Ramirez replied it is not a condition of approval. Commissioner Dang recommended that a condition of approval be added that states the consumption of alcohol has to be on site and explained that it should not be bought and then consumed' somewhere else. City Attorney Murphy stated if that is the will of the Planning Commission, then he recommends a modification to Condition of Approval number twelve (12) to read: "No alcohol is to be sold for the purpose of consumption outside of 705 San Gabriel Boulevard and outside of the individual rooms of the subject hotel ". He explained that would make it clear that both consumption of off -site and consumption in the common areas is not allowed. Chair Tang asked if that condition of approval is added what will be the procedure to enforce it. City Attorney Murphy replied that if it were found that the operator was allowing consumption in the common areas or allowing the alcohol to be taken off -site for any purpose, then between the Sheriff's Department and Code Enforcement a record would be created. He added this matter would then be brought back to the Planning Commission as a revocation process of the Conditional Use Permit. Chair Tang opened the Public Hearing and invited the applicant to the podium. General Manager Amy Wu, of the Fairfield Inn & Suites Marriott, explained that they are going to enforce the selling of alcohol by making it billable to the guest account and by checking for a room key to make sure they are a registered guest. She stated the corner market is a very small place where guest can purchase the beer /wine, and take it to their room or lobby. She stated it may be difficult to enforce that guest go right back to their room and would request that it be changed to consume at their location in designated areas. Chair Tang asked the Planning Commission if they had any questions or comments Commissioner Dang stated he would like to add onto that and originally he wanted to ask if the consumption would be off -site, meaning they would buy it and take it off the premise. He asked if this is adjacent to the Montebello Mall. General Manager Wu replied yes. Commissioner Dang stated that for instance they would buy it, take it into the mall to consume it and that is what he is trying to prevent. General Manager Wu stated they are a business hotel with the majority of their guests being business travelers. She explained that typically the guest come in after work, and have a drink to relax. She added that she does not think they will be taking the alcohol off -site. Commissioner Dang stated he does not object to the hotel guest buying beer /wine and taking it to their room or by the pool area if it is allowed. He stated he does not mind alcohol consumed within the premise and requested City Attorney Murphy to help rewrite it. City Attorney Murphy stated the second sentence in Condition of Approval number 12 can be changed to state: "No alcohol is to be sold for the purpose of consumption off the 705 San Gabriel Boulevard site ". He asked for staff's assistance with Condition of Approval number 14 and recommended modifications to this so it may coincide with Condition of Approval number 12. Commissioner Eng stated that she had visited the site and informed the Planning Commission the corner market is the size of a kiosk and its purpose is mainly for the guest of the hotel. She asked Ms. Wu if this is a prototype for all the Marriott's and part of the amenity of the hotel. General Manager Wu replied yes, it is part of the new generation design concept. Community Development Director Ramirez asked if the Chief of Police may have any comments or suggestions in regards to Condition of Approval number 14. Chief of Police Somoano stated Condition of Approval number 14 would be to limit and restrict any exterior consumption of alcohol such as the parking lot, in a car, or anywhere outside of the building, since this is where law enforcement would engage in more problems and would like to deter. He added he is not sure how "RMC Section 9.08.070" exactly reads and if it specifically states 'interior and exterior" but for the purposes of this establishment if they stay with just the exterior of the establishment it would meet their goals.'' City Attorney Murphy proposed Condition of Approval 14 be changed to state: "The sign will be posted on the exterior of the subject building ". General Manager Wu stated all the rooms have balconies and asked for clarification if that will include the balconies Community Development Director Ramirez explained that "exterior" is meant as an unsecured location, such as the parking lot. Vice -Chair Lopez asked Ms. Wu since they have remodeled why they did not include a lounge area for the guest to sit and enjoy a glass of beer /wine. General Manager Wu replied that is not part of the Fairfield Inn & Suites program. Commissioner Dang asked for clarification on how Condition of Approval number 12 will be modified. City Attorney Murphy replied the second sentence of Condition of Approval number 12 will state: "No alcohol will be sold for the purpose of consumption outside of 705 San Gabriel Boulevard." He addressed the Chief of Police Somoano and stated that ABC and Municipal Code's references to "on -site and off - site" and he does not want to use that language here because this being called an off -site sale, which means it is not poured for consumption and it is being taken in a bottle form. He added all of this alcohol is off -site consumption and recommended that the wording "consumption off of" be used. He asked Chief of Police Somoano if this is correct. Chief of Police Somoano replied it would be more appropriate Chair Tang asked Ms. Wu what the hours of selling beer /wine at their other Fairfield Inn & Suites locations. General Manager Wu replied 7:00 am to 2:00 am. Chair Tang asked if she had seen any issues with selling alcohol within that time frame. General Manager Wu replied no, it is sold to hotel guest only, is sold in a controlled environment, and no outside sources are coming in. Chair Tang asked if the Planning Commission had any further questions. None Chair Tang called Mr. Jim Flournoy to the podium. Resident Jim Flournoy stated he has a home directly across from this hotel and his concern was that this corner market was going to be like a 7- Eleven or a mini - market, and after listening to everything, he has no objection to this project. He added that this is a step down from having mini bars in the rooms. He recommended that if the address is going to be used, then that would also include the parking lot so it should be include that you cannot take it out the front door because a lot of people may brown bag it and take it to the car. He stated the remodel looks great and it is a great addition to the City of Rosemead. Chair Tang thanked Mr. Flournoy. He also addressed Mr. Flournoy's inquiry and asked City Attorney Murphy if Condition of Approval number 14 addresses Mr. Flournoy's question regarding the parking lot. City Attorney Murphy and staff discussed the options and recommended the second sentence of Condition of Approval number 12 state: "No alcohol is to be sold for the purpose of on -site consumption outside of the building located at 705 San Gabriel Boulevard or secured common areas on the site" Commissioner Eng asked if the hours of selling alcohol should be changed at this time also. Chair Tang stated that can be discussed after he closes the Public Hearing. He asked if there were any further questions or comments. Lino VO Chair Tang closed the Public Hearing and recommended that the hours for selling the beer /wine be extended to 2:00 am to comply with State Law. He stated that it fits with the hotel's program, it is in a controlled environment, the employees are trained in selling alcohol, and it is allowable for this time frame. He asked if the second sentence of Condition of Approval number 16 be modified to state: "The sale of beer and wine shall occur during the hours of 7:00 am to 2:00 am and be limited to registered hotel guest only ". City Attorney Murphy replied yes, if that is the will of the Planning Commission Chair Tang asked the Planning Commission if there any comments or questions Vice -Chair Lopez asked why it is being changed. Commissioner Herrera asked if the applicant has requested this. Vice -Chair Lopez expressed that 11:00 pm is reasonable, there is not a nightclub, and he does not see traffic coming in that late at night. Chair Tang expressed that it would conform with the other hotels and to provide the convenience to their guest. Vice -Chair Lopez recommended that a clause be added because of past concerns. Commissioner Herrera asked if the applicant requested this time change. Community Development Director Ramirez replied yes and the applicant can be requested to the podium to address this further. Commissioner Eng asked Vice -Chair Lopez if he is requesting the hours be kept at 11:00 pm. She commented that it should be kept in mind that this hotel does not abut any residential properties. Vice -Chair Lopez expressed concern that the mall is directly across the street, there is a lot of activity, it is dark there, and there have been issues in that area in the past. He recommended the hours of operation remain the same and if there are no incidences the applicant can come back to request later hours. Commissioner Herrera commented that she does not L because the Staff Report states the hours are 7:00 am to 2:00 am initially. iderstand where the request for 2:00 am came from 11:00 pm and she does not know who requested it until Community Development Director Ramirez explained that applicants make request that they would like, but during the review process different agencies or departments may have different recommendations than what the applicant wants. She stated the applicant requested 2:00 am but the Chief of Police recommended it to be closed at 11:00 pm to be consistent with other recent approvals. However, he is open to it being changed because it is in a controlled environment, only hotel guest may purchase it, and the new condition that the alcohol can only be consumed inside the building. She added the applicant also requested the longer hours because of the traveling nature of hotel guest. She informed the Planning Commission that if it is approved at 11:00 pm and the applicant wanted to have that amended at a later date, then there is a cost the applicant would have to pay for that amendment. Chief of Police Somoano stated the time restriction is based on other businesses in the area and that this establishment is different. He stated the concern would be beer runs and crimes of theft associated with alcohol. He recommended that if the establishment sells alcohol until to 2:00 am, the freezer be locked at 11:00 pm. He stated they can still sell alcohol from 11:00 pm, to 2:00 am, but the employee will have to unlock it manually. He added that would prevent beer runs and restricts other concerns that they are trying to prevent. Community Development Director Ramirez stated the applicant may be open to that suggestion and can be requested to the podium to discuss that option. Chair Tang stated he is in favor of that suggestion and addressed some of Commissioner Lopez's concerns. He stated that there is a lot of activity in that area considering that a mall is nearby, but after 11:00 pm the mall is closed and is pretty quiet in that area. He added anyone wishing to purchase alcohol and consume it would probably be a guest at the hotel. He asked if the disturbance calls to that area had been alcohol related or something else. Chief of Police Somoano replied that their date does not give specifics on the call, it just reflects how many calls were generated to that address. Commissioner Eng stated that this proprietor has been operating this business since "1984" and they have shown that they are a responsible proprietor. She added this is not a major revenue source for them, but it is a convenience they want to offer for their hotel guest, and to be competitive with the other hotels. She stated she approves of the hours being extended and if necessary have staff redefine the language in the conditions of approval. She does not feel the applicant should have to come back before the Planning Commission and go through the entitlement process just to extend the hours. She explained that this is not a convenience store like a "7- Eleven" or "Fresh & Easy ", the hotel will not advertise that a mini - market is inside, and when she visited the site the mini market is the size of a kiosk with the refrigerator not being very large. Community Development Director Ramirez stated if the Planning Commission is satisfied with the change that Chief of Police Somoano's made, then staff is agreeable also, and the Planning Commission can ask the applicant if they agree with the recommendation. Chair Tang and the Planning Commission stated they agree with the recommendation. Chair Tang asked City Attorney Murphy for his assistance on the wording of the recommendation. City Attorney Murphy referred to Condition of Approval number 16 and stated the existing second sentence should be changed to state: "The sale of beer and wine shall only occur during the hours of 7:00 am to 2:00 am and be limited to registered hotel guests only." He continued that a third sentence should be added stating: "All alcohol should be secured in locked containers by 11:00 pm and all alcohol sales from 11:00 pm to 2:00 am should require the applicant to retrieve the product from the locked containers." Chair Tang asked if there were any further comments or questions. None Chair Tang asked for a motion. Commissioner Herrera made a motion, seconded by Vice -Chair Lopez, to ADOPT Resolution No. 16-02 with findings and APPROVE CUP 15 -08, subject to the 21 conditions of approval. (Modifications to Condition of Approval numbers 12, 14, and 16 were made by the Planning Commission). Vote resulted in: Ayes: Dang, Eng, Herrera, Lopez, and Tang Noes: None Abstain: None Absent: None Community Development Director Ramirez stated the motion passes with a 5 Ayes and 0 Noes and explained the 10 -day appeal process. A. DESIGN REVIEW 15.09 AND MINOR EXCEPTION 15 -10 — Jian Feng Liu has submitted an application for a Design Review and Minor Exception, requesting to construct additions to an existing legal, nonconforming single - family dwelling unit with a substandard side yard setback and a total floor area over 2,500 square feet. The proposed project includes a new detached three -car garage. The subject property is located at 3361 Muscatel Avenue (APN: 5289. 008 -068) and in the R -1 (Single - Family Residential) zone. PC RESOLUTION 16 -03 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 15- 09 AND MINOR EXCEPTION 15 -10, PERMITTING A 1,868 SQUARE FEET ADDITION TO AN EXISTING LEGAL, NONCONFORMING SINGLE - FAMILY DWELLING UNIT WITH A SUBSTANDARD SIDE YARD 7 SETBACK AND A TOTAL FLOOR AREA OVER 2,500 SQUARE FEET. THE SUBJECT PROPERTY IS LOCATED AT 3361 MUSCATEL AVENUE (APN: 5289. 008.068), IN THE R -1 (SINGLE - FAMILY RESIDENTIAL) ZONE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 16- 03 with findings (Exhibit "A "), and APPROVE Design Review 15 -09 and Minor Exception 15 -10, subject to the 22 conditions of approval. Planning Intern Rath presented the staff report. Community Development Director Ramirez introduced Planning Intern Roger Rath. Chair Tang asked the Planning Commission if there were any questions or comments for staff. Commissioner Eng thanked and welcomed Planning Intern Rath. She asked if the applicant is also the property owner. Planning Intern Rath replied yes. Commissioner Eng asked if staff knew how long the applicant has owned this property. Planning Intern Rath replied the applicant may address that question. Commissioner Eng asked if the applicant's residence is currently operating as a Daycare. Planning Intern Rath replied yes. Commissioner Eng asked how many children. City Planner Valenzuela replied the applicant stated there are 12. Commissioner Eng asked what the ages of the children are. City Planner Valenzuela replied the applicant stated they are one (1) to ten (10) years of age and the applicant can address that question. Commissioner Eng asked if staff knows how long this residence has been used as a childcare facility. City Planner Valenzuela replied the building records show it has been there since "2004" but staff is not sure when the applicant began this business. Commissioner Eng asked if there was a lapse in the business license. Community Development Director Ramirez replied that a business license was not requirement in 2004 but now is. Commissioner Eng asked when the requirement for a business license went into effect. City Planner Valenzuela replied sometime between "2010- 2011 ". Commissioner Eng asked what the Zoning Code currently provides in terms of childcare operations. City Planner Valenzuela replied that currently childcare operations is permitted in the R -1 zone , provided that there are only 0 -8 children and if there are 9 -14 it is not a permitted use. She explained that this use was approved in the R -1 zone back in 2004 so it is grandfathered in. Chair Tang asked for clarification in regards to 9 -14 children. Community Development Director Ramirez stated 9 -14 children is no longer allowed in the R -1 zone under the City's new zoning code but under the old zoning code it had been allowed. She added for R -2 and R -3 zones they would have to apply for an Administrative Use Permit. She explained that anything with 0 -8 children is permitted in any zone by right under State Law. Commissioner Eng stated the staff report states that in "2004" the City did request the reinstatement of the family day care license for fourteen (14) children and asked if this was city -wide, specific to this property, or the R -1 zone. City Planner Valenzuela replied it was a specific letter for just this property. Commissioner Eng asked if it had been granted. City Planner Valenzuela replied yes. Commissioner Eng asked who licenses this day care. City Planner Valenzuela replied the State of California and the applicant may be asked for more details. Commissioner Eng asked where the parents park when they are picking up the children. City Planner Valenzuela replied that question can be deferred to the applicant. Commissioner Eng asked what the hours of operation are. City Planner Valenzuela replied the applicant may answer that question Community Development Director Ramirez explained that staff does not have that information because the applicant's application does not pertain to the day care facility only the remodel of the property. Commissioner Eng requested from staff that in the future the staff report include information that is reflected in the site plan and that both are available on -line so that the community may have access to it. She commented that there were discrepancies and information in the staff report that did not correlate with the site plan. Community Development Director Ramirez asked Commissioner Eng what she is referring too. Commissioner Eng replied for example the staff report states there are eight (8) bedrooms, seven (7) bathrooms, a porch, and a three -car garage. She added the site plan shows eight (8) bedrooms, eight (8) bathrooms, and no porch. She asked where the porch is. Planning Intern Rath referred to the site plan and replied the porch is in front of the house and it is not labeled. He added there is a box in front of the dining room and that is where the porch should be. Commissioner Eng asked if the porch is in front of the dining room. 0 City Planner Valenzuela referred to the site plan and explained on the exterior where it say's existing dining room, there is a porch that is not labeled. She added you can see that there is a front porch and there is an entrance which leads into the house from that door. Community Development Director Ramirez pointed out that there are seven (7) bathrooms and it is missing the number four (4). Commissioner Eng stated there are seven (7) bathrooms and clarified that she had gone by the numbers on the site plan. She asked if the applicant is adding an additional story that will have three (3) bedrooms. Community Development Director Ramirez explained that they are adding a back area that is currently not there and it will be two- stories. She stated bedrooms four (4) and five (5) are new on the bottom floor. Commissioner Eng asked if the current floor plan has three (3) bedrooms, three (3) bath, a dining room, a living room, a kitchen & breakfast area, and a study, which is 1,856 square feet. She stated the applicant is adding another 1,868 square feet, which is an additional five bedrooms Community Development Director Ramirez replied yes, and a family room. Commissioner Eng asked if staff knows what the prevailing floor plan for the residences for this neighborhood. City Planner Valenzuela replied she does not have that information. Commissioner Eng read what the final product would be and asked if the Minor Exception is for the side yard setback. Planning Intern Rath replied yes, and explained that the existing household has 4'9 ". Commissioner Eng asked if this is already '! nonconforming and grantlfathered in, why does it still require a Minor Exception. City Planner Valenzuela replied that the Municipal Code has a Minor Exception process where the existing home is nonconforming to the existing code anything that is added goes through a Minor Exception process and has to meet today's code Community Development Director Ramirez clarified that whatever is being added on needs to meet today's code and whatever was grantlfathered does not. Commissioner Eng referred to the kitchen, dining room, and living room and asked if there is going to be any changes to those rooms. City Planner Valenzuela replied they will open a portion of the wall in the hallways. Commissioner Eng asked what the sizes of the bedrooms are. City Planner Valenzuela replied they vary in size and for exact numbers the architect can address that question. Commissioner Eng asked if this is usually required on site plans. City Planner Valenzuela replied no, not for size of the bedrooms, but staff will ask for the dimensions. 10 Commissioner Eng asked if rear yard setbacks are applied to all the structures. City Planner Valenzuela replied it applies to the home itself. Commissioner Eng asked if it does not apply to the garage. City Planner Valenzuela replied accessory structures are not included. Commissioner Eng asked if that is why the garage only has a 5 yard setback. City Planner Valenzuela replied yes. Commissioner Eng referred to the HVAC plan and asked if it currently has central AC /heating and what is the proposed plan. City Planner Valenzuela replied that the applicant is proposing a new AC unit towards the rear of the house. Commissioner Eng stated she brought this up because the structures are very close to the neighbors Commissioner Dang referred to Sheet A -1 and stated it shows an existing Trod iron fence in the front yard. He also referred to the picture provided in the staff report and it shows that it is quite taller than 2 feet and asked if that was a discrepancy on the applicant's part. Planning Intern Rath stated that is 2 feet on top of another 2 feet concrete block wall. City Planner Valenzuela stated that staff inspected the site and it was found that the fence is higher than permitted by code. She added that it is going to be revised to be 2 feet rod iron on top of 2 feet of concrete block wall, to bring it up to 4 feet, and meet the City's code. Commissioner Dang asked if the applicant is going to keep the same design City Planner Valenzuela replied yes. Chair Tang stated he has a few questions for the applicant. Commissioner Dang commended and thanked staff for providing a colored picture of the consisting condition and renderings. Chair Tang opened the Public Hearing and invited the applicant to the podium. Steve Wu, Designer, stated the owners are present and their son will translate for them. He explained he was hired because the owners currently live in the home and they would like to have more room for the Day Care business. He stated the owners have had their state license for Day Care since 1994 and it has been over 20 years they have been operating. Kenny Lu, son of the applicant, stated if there are questions for his parents he will do the translation. Commissioner Eng thanked the applicant for improving the property. She asked if the family is residing at the property currently. Kenny Lu replied yes. 11 Commissioner Eng asked how the five (5) bedrooms downstairs will be used. Kenny Lu replied the front portion of the home is used for the day care and the addition will be for family usage. Commissioner Eng asked what the ages of the children participating in this child care are. Kenny Lu replied he is not sure but believes they are from 0 -13 years of age. Commissioner Eng asked how many children are there. Kenny Lu replied he believes there are around ten (10). Commissioner Eng asked if his mother had any help. Kenny Lu replied his father helps her. Commissioner Eng asked where the parent's park when they come to drop off and pick up their children. Kenny Lu replied they park in the driveway. Commissioner Eng asked what the hours of operation of the day care are. Kenny Lu replied they are 8:00 am or 9:00 am to 5:00 pm or 6:00 pm. Commissioner Eng asked if those are the busiest times. Kenny Lu replied yes. Commissioner Eng asked once the addition is completed how many children will be attending the daycare. Kenny Lu replied it should remain the same and explained it varies due to some children leaving and new children attending. Commissioner Eng asked how long has his parents owned the property. Kenny Lu replied 20 years. Commissioner Eng asked when it started being used as a child daycare. Kenny Lu replied it was about the same time. Commissioner Eng stated they are adding 5 bedrooms, 4 additional bathrooms, the second floor will be used by family, and the first floor is utilized by the daycare. Community Development Director Ramirez addressed Kenny Lu and stated staff has been told that there are 4 bedrooms and the fifth bedroom will be an office. She asked if this is different now. Kenny Lu replied the architect should answer that question. 12 Community Development Director Ramirez stated that it is important that the Planning Commission understands the reason for this question because the room labeled bedroom number eight (8) does not have a closet and if it is going to be a bedroom, then a closet needs to be added. Kenny Lu replied that the architect needs to address that question. Steven Wu, Architect, explained that room is very small and is going to be an office. Community Development Director Ramirez stated she just wants to make sure the Planning Commission knows what is being added. Commissioner Eng asked if there are two (2) studies in this property; one upstairs and one downstairs. Steven Wu replied yes. Commissioner Deng thanked Mr. Wu for improving the site. He asked if the term "slump stone" is the masonry block and what color is it. Steven Wu replied yes it is the masonry and it will be a light brown color. Commissioner Dang stated it will be earth tone color and in addition to that he requested to incorporate some split stone lines. He referred to the existing kitchen and stated a "wet bar" is being proposed and pointed out that typically a wet bar is not bigger than the kitchen and this one is. Steven Wu stated that the "wet bar" is going to be utilized by the daycare. Commissioner Dang asked if the "wet bar" is going to be used as a cafeteria style for the children in day care Steven Wu replied yes, but it will be basically a simple one for use of the sink and drinks. Commissioner Deng stated because this use is currently nonconforming and if the applicant expands the "wet bar" for use of the day care, then in a sense they are expanding the use. Chair Tang stated that the addition is to be for the family dwelling use and they would still be using the frontage of the property for the day care use and asked if it will be different. Steve Wu replied no, it is not different and explained the porch and the front existing part of the home will continue to be used for the day care. He added a portion of the first floor in the family room will also be used. He stated it will not be a problem to stream down the "wet bar ". Commissioner Deng stated that wet bars are typically smaller than the kitchen, some jurisdictions put limitations, and recommended he work that out with staff. He stated the second question is the fact they are extending the nonconforming use of the building and the day care component. He added it sounds like they are utilizing the "wet bar" for the day care to serve the kids and asked Mr. Wu if that is correct. Steve Wu replied yes, that is correct and that is their intention. Commissioner Dang stated going back to the original design and if the new part was used strictly for the family, the existing home 1,800 square feet is a tremendous size for eight kids and there should be no reason to utilize that "wet bar ". He asked Mr. Wu if he agreed. 13 Kenny Lu stated there is a misunderstanding and stated the back portion of the home is for the family and the front portion of the home is for the day care. He stated there is a miscommunication between the architect and his father. Commissioner Dang asked Mr. Lu if the "wet bar' will be reduced in size so that it may look like a "wet bar ". He stated that is what the architect is proposing and asked Mr. Lu if he is agreeable to that. Kenny Lu stated he is not sure about the bottom portion and wet bar. He reiterated that the new addition is for the family and the design of the house is used for the day care. Commissioner Eng asked how many members this family has. Kenny Lu replied there are four. Commissioner Eng stated there are four and asked if they are adding five (5) bedrooms. Kenny Lu replied he is not sure because he did not look at the blue prints. Chair Tang stated what Commissioner Dang is alluding to is that the back portion is going to be used for family dwelling, then the "wet bar' should be smaller than the kitchen and was asking if the applicant would be agreeable to reducing the size of the "wet bar ". Kenny Lu replied he can ask his parents if they are agreeable. Vice -Chair Lopez recommended changing the name of "wet bar" to sink because it is just a family room. Commissioner Dang expressed that his concern is that if this property is to be sold it could very easily be converted into a second unit. He added as an architect this design does not flow very well. Community Development Director Ramirez stated staff is concerned with this also and explained that the applicant will have to sign an affidavit stating this cannot be made into two separate units and it is a single dwelling unit. She added if the Planning Commission does not feel that is strong enough, then they can request that a covenant be recorded, which will stated this is one property and cannot be made into two. She explained it has been done in the past typically after there has been an issue. Commissioner Dang stated he would not mind having a covenant in place. Commissioner Eng stated this is going to be an eight (8) bedroom home and there is a three (3) car garage. Steven Wu stated it is not an eight (8) bedroom because one (1) room will be used as an office /study instead of a bedroom. Commissioner Eng stated it will be a seven (7) bedroom home and asked what the sizes of the bedrooms are. Steven Wu requested she repeat her question. Commissioner Eng stated never mind. She asked how many cars will be able to park in the open space by the three - car garage. 14 Steven Wu replied he does not know how to answer that question, but there will be a three -car garage. He stated the accessory building cannot be over 750 feet and currently it is at its maximum. Commissioner Dang referred to the day care issue and asked if they are not conforming because they have fourteen (14) children. Community Development Director Ramirez explained they can have up to 14 kids. She added that State law dictates that and it does not come from the City. Commissioner Dang stated in the event that this day care will have 14 children will there be any activities in this new building. Kenny Lu replied no. Commissioner Herrera asked if the children will be in the new addition where the "wet bar" is located. Community Development Director Ramirez replied no, that was a misunderstanding. She stated if the Planning Commission would like to they can add a condition of approval stating the day care area remain in the front portion of the property. Kenny Lu asked if the "wet bar" will have to be reduced in size. Community Development Director Ramirez no, it does have to be reduced. Commissioner Dang requested that a condition of approval added that the day care remain within the existing building. He asked Mr. Wu where the water heater is located. Steven Wu replied the existing water heater is located in a room right next to the kitchen. Commissioner Dang asked if a new water heater will be installed for the new unit and where will it be located. Steven Wu replied yes, and the best location to place it will be next to the A/C. Commissioner bang asked Mr. Wu why he feels this is a good location on the side yard. Steven Wu replied Commissioner Dar Steven Wu replied because it is across from the guest room. asked how will Commissioner Dang asked Steven Wu replied yes. anticipate the neighbors staring at a water heater that is two stories tall. the pipes through the wall. Wu will install the pipes within the walls and have it go through the roof. Commissioner Dang requested that staff make sure that is captured. He referred to Sheet A -4, East elevation, the exposed rafters, and requested a fascia board be added to make it consistent with the other elevations. Steven Wu stated that is the existing condition and agreed to add the fascia board. 15 Commissioner Dang stated there is a clarification on the South elevation, calling out number 4, it is called Stone Veneer, and pointed out it is the wrong color. Steven Wu agreed that it is. Commissioner Dang stated he drove by the property and the roof color of red is pretty sharp. He added the existing is red and more red will be added, it does not blend into the neighborhood very well, and asked Mr. Wu if he had any suggestions on improving that. Steve Wu stated this is the existing roof and he will have to check with the property owner if he wants to re -roof his home. Commissioner Dang stated the reason he is bringing this up is because as the architect he did very well on enhancing the driveway and landscaping, and recommended he talk with the property owner to continue with the aesthetics of the home. Commissioner Eng asked if Commissioner Dang is recommending an earth tone color like Tan for the roof. Commissioner Dang replied if the architect was to pick a color that mimics the earth tone color for the roof then, it would match the surrounding properties and the final design of the home. Steve Wu stated he can consider that but he will have to check with the property owner because this is not a small project. Commissioner Herrera commented that the existing roof color is too strong and adding to that with the matching color will be overpowering for the whole neighborhood in mass and color. City Attorney Murphy addressed the Planning Commission and stated the request is that the applicant considers re- doing the entire roof rather than add on to the striking color of the real roof. He stated there will be some cost to that and if it is the matter of the applicant having to revise the project in order to upset that cost, then it may be heading for a situation where this matter may have to be continued so that revised design can come back to the Planning Commission. He added if that is the case, then he suggests that the Planning Commission bring up with any other design issues that might want to be considered by the applicant, so that any type of a revised design include everything that the Planning Commission can think of. He added that way the matters can be resolved when it comes back. Kenny Lu stated his father is willing to change the color of the roof but they do not know if the cost will be a substantial amount. Commissioner Dang stated that will be up to their design architect. Kenny Lu stated his father will discuss the cost with the architect and see how that works out. Commissioner Dang referred to the gate out front and stated it is over the height limit, he understands it will be brought down to the required height, and that the rod iron will be left the same with the top cropped off. He recommended that when this item is brought back that the applicant bring in a drawing of that gate /fence cropped off and he proposes that if the applicant is going to update the building anyway to just redo the rod iron fence. Vice -Chair Lopez stated he did not realize this was going to be extended, there are slight modifications, the roof color, and staff will address these changes. He stated this should not have to be extended. 16 Community Development Director Ramirez stated when City Planner Valenzuela stated that the applicant will keep the same design, she was not alluding to the applicant is going to keep the same exact rod iron. Instead, what she meant was that they were keeping rod iron, and staff does not know what the final product will be, but the height will be brought down to four (4) feet. Commissioner Dang apologized and stated that it does not mind if this item is continued or not, but he understood that there may be a cost factor involved and the City Attorney wanted to give the applicant time to discuss it. City Attorney Murphy stated that he brought up the changing of the roof, which was not part of the original plan, will change their cost. He explained that if that is something that can be taken into account, and if that would require the overall project to have some other design elements changed, when the Planning Commission approves the Design Review the applicant has to build consistent to the plans. He stated minor changes can be allowed, but if some of the element was going to be taken away due to the cost of the roof, and if the change was substantially enough that could not be made at the staff level, then all of a sudden you are not building in compliance of the plan. He stated he brought up the concept because if the roof cost is something that worries or needs to consider by the applicant before the Planning Commission moves forward with an approval, it might be worth putting this forward. He added if the applicant would like this to be put forward, then he recommended that the Planning Commission consider all other potential design changes, so that everything can be worked up, and they are not going back and forth. He stated if the applicant is agreeable and it is not financially a problem, then this item can move forward. Community Development Director Ramirez asked the applicant's son Kenny Lu if he understands what the City Attorney has explained to him. Kenny Lu replied yes, and he will ask his father if he agreeable to the change. Resident Brian Lewin thanked Commissioner Dang for bringing up the issue of the potential of the use expanding because that was one of his concerns also. He also thanked staff for the availability of the plans online. He asked if the LID requirements are applicable because the project application was submitted after the City's adoption of that code took effect, which was in June and the application was submitted in September. He referred to Condition of Approval number 18 which talks about drainage into the street and would not be present if in fact LID was in effect. He also asked if the Planning Division had any plans to generally adopt any storm water friendly design elements. Community Development Director Ramirez addressed the LID requirement and stated the Public Works Department did review the plans and did not require a condition related to LID. She stated when the building construction plans are submitted, staff will review the plans again and if it is required it will be added at that time. Kenny Lu stated his father is willing to do whatever is the easiest way without changing the plan. Community Development Director Ramirez stated the Planning Commission is asking if his father is willing to change the color of the entire roof. Kenny Lu stated his father is willing to do that. Commissioner Dang asked if the property had a driveway gate and if there is, he requested that there be enough distance from the front property line and enough for a large sedan typically 18 feet. He stated if the applicant would like a nice design he can ask and maybe it can be flushed with the face of the house and currently the face of the house is 24 feet 4 inches away from the front property line. Community Development Director Ramirez stated the question is, are you going to have a gate. 17 Kenny Lu replied yes, there currently is a driveway gate. Commissioner Dang asked if it was at the property line or where is it located. Kenny Lu replied he is not really sure. Commissioner Dang requested that if they do have a gate please provide enough space for a car to park so it is not sticking out of your property line. Kenny Lu replied alright. Commissioner Herrera asked if the applicant needs to tell the Planning Commission the color of the roof. Community Development Director Ramirez stated the applicant will work with staff to make sure it blends with the property. Chair Tang asked when the peak drop -off and pick -up times are. Kenny Lu replied they are in the morning when they are dropping off the kids and in the evening between 4:00 pm to 5:00 pm. Chair Tang asked if the daycare allows overnight stays. Kenny Lu replied no. Chair Tang closed the Public Hearing and asked the Planning Commission if there were any further comments or questions. Commissioner Eng asked staff if the all the surrounding properties are zoned as R -1. City Planner Valenzuela replied yes Chair Tang commented that his concern is that there have been a lot of reports on the news regarding maternity home and boarding rooms. He stated that he is not saying this facility is one, but he can see the possibility of how this can become one of those type of facilities. Commissioner Eng, stated that is one of the reasons she asked what the prevailing floor plan is for this neighborhood. She expressed there are a lot of bedrooms, with a three -car garage, and it will need more parking. She added the parking on the street is already impacted at that location, this is a R -1 zoning with very low density, and the use is grandfathered in. She stated 58 Public Hearing notices went out to the neighborhood and no one is present to make comments. She added the applicant meets the FAR, they are spending a lot of money to make this investment, and they want to take the opportunity to maximize the use. She stated this family has been here for over 20 years, this is their home, and this community has multi - generational living situations and is something to consider, but it needs to be done in a way that it will minimize the impact to the community. She expressed her concern is the number of bedrooms. Commissioner Herrera commented that the number of bedrooms is a concern. 18 Commissioner Dang stated he has the same concern too, it is a family of four (4), and that is why he asked what is going to be done with the other bedrooms. Commissioner Eng asked if she can request the applicant to consider downsizing the number of bedrooms. Vice -Chair Lopez expressed concern with that question and stated the Planning Commission should not speculate that something is going to happen. He added the Planning Commission purpose is to help the community, work with staff, make minor changes, and help the community grow. Commissioner Eng stated she respects that and agrees that they are there for the community, but the Planning Commission also needs to look at the impact and quality of life. She stated that is the direction in which she is going and asked what type of guidelines they will have. Vice -Chair Lopez stated that is where the Planning Commission allows staff to ensure that guidelines are met. Commissioner Eng stated that is why there is Municipal Codes and Zoning and the Planning Commission is here to make decisions on the impact and quality of life. Vice -Chair Lopez stated the applicant has not broken any of the code or zoning requirements Chair Tang stated he shares the same concern as Commissioner was any other project application where the component that Commission would have their eyes wide open. He expressed that wanting to expand their home to accommodate not only their dwel that the impact of the surrounding community does need to be c homes around them are single - family homes that have maybe fiv property will be the one and unique property with seven (7)'bedro Planning Commission will have to consider. the number of bedrooms. He added if it you have child care wasn't in it, the Planning he is a little torn and cannot fault the applicant for ing,situation but their business as well. He added onsidered and it is a R -1 zone, with most of the e (5) bedrooms or less. He stated the applicant's )ms in the neighborhood and that is an impact the Commissioner Dang stated though there is a concern with bedrooms he expressed that as a Planning Commissioner you should not have the authority to regulate how many bedrooms. He explained that the family may grow in the future and they may need the extra bedrooms. He stated as a Planning Commissioner you should look at the design, the five feet still bothers him, he does not think it flows, and the wet bar is too big. He stated his take is that that the Planning Commission can have control with the design, have opinions on the design, but the number of bedrooms should not be regulated Chair Tang stated he agrees that you cannot regulate the number of bedrooms but having eight bedrooms with an occupant in each bedroom, then the determination has to be made on what type of impact that will make in that neighborhood. Commissioner Eng asked City Attorney Murphy what type of flexibility the Planning Commission has in situations like this. City Attorney Murphy replied the Planning Commission needs to harmonize the code and the code looks for having sufficient parking on site for the number of residents, which is based on the number of bedrooms. He asked staff if that was correct. Community Development Director Ramirez replied yes, and explained that five (5) or more bedrooms require a three - car garage. 19 City Attorney Murphy stated that to the extent that the Planning Commission is looking at a site that would be smaller than this one, you could say that the design of five (5) bedrooms is not an appropriate design because the site could only really handle a two -car garage and not a three -car garage. He added this is a unique circumstance where you have rooms that are being called bedrooms, and there are rooms that are being used by the applicant for the childcare, but some have closets, so they are being technically called bedrooms for real estate purposes. He stated it could be the case that the applicant depending on the way how the plans for the building work, some of those closets could be removed and if it is removed then technically it would not be considered a bedroom. He stated at the same time it is an enclosed room that can be used as a bedroom, so he can look at what is technically a bedroom and what isn't and how that affects parking and the code. He stated in terms of flexibility, to actually tell an applicant, who meets all of the City standards, that no you can't build a house that has smaller rooms and you need an open concept floor program because the City is concerned that someone in the future may abuse this lot, that's where from a legal standpoint you would have to look at the Conditions of Approval to not let that happen in the future and you would have to trust that Code Enforcement would basically keep an eye on this property. He added in terms of telling the applicant that they have to make changes to meet the City's concerns and if those concerns aren't reflected by the codes that the City has adopted are hard to support if the Planning Commission's decisions are challenged. He stated he understands where everyone is coming from in respect from the doorway area in- between the existing property and addition and if they need to continue to work on that he is happy to work with staff to make sure things do not get divided because that is a major concern he has heard this evening. Chair Tang thanked City Attorney Murphy and requested he read the two (2) new or modified Conditions of Approval that have been added. City Attorney Murphy read that the Planning Commission is in favor of a Covenant, so he proposes that Condition of Approval number 23 be added stating: "The applicant shall execute and record a covenant to the satisfaction of the Community Development Director that will require the property to remain a single unit and not be divided into two or more units ". He also suggested adding Condition of Approval number 24 stating: "The operation of a Day Care Facility on the site should take place only in the existing portion of the building and not in the addition permitted pursuant to this conditional use permit ". Chair Tang stated he is concerned with the Condition of Approval number 24 because he does not know how enforceable that is. He added if it is not enforceable does it really need to be in there. City Attorney Murphy stated he is find with removing Condition of Approval number 24. Commissioner Dang recommended it remains because it will be important if it becomes a Code Enforcement issue later on. He added that Code Enforcement will have something in writing stating to the fact that the use has expanded. He commented that there are a lot of things in the code that are difficult to enforce because monitors are not kept in every corner of the City and it is put there because it is needed as a mechanism for staff. City Attorney Murphy stated that proposed Condition of Approval number 24 would come into conflict with any kind of desire on the part of the Planning Commission to widen the doorway between the existing building and the proposed addition because if you are going to attempt to limit the access of the children who are being served as part of the business through the addition and into the yard that's just contrary to making the doorway wider. He understands from a design standpoint and a unification standpoint you would want to open up that space, but then you end up with how to enforce it, and with a wide doorway what happens if a child runs through or what happens if a child uses that back area to get back into the back yard. He stated if the Planning Commission would like a condition like that, then they would need to look at having a door and having it closed off from the back area to the front area but then that runs counter to some of the other issues they have raised tonight. He stated he has prepared the Condition of Approval if the Planning Division would like to include it. He stated this is purely a policy decision made by the Planning Commission. KII Chair Tang asked if that might run counter to what might be a State regulation on the use of the property for child care. City Attorney Murphy replied he would have to research that and it could come back to the Planning Commission as a staff report if this item is continued. Commissioner Dang stated he agrees with the City Attorney and if you make it wider it does make it more difficult to control the children traffic going back and forth. He stated he would like to request retracting whatever he said about making things bigger because it would make things difficult to control that. He stated he had a few questions for the family. He asked if they are planning on remodeling the kitchen at all. Kenny Lu replied from the audience but it was not audible Commissioner Dang commented that it is a big house with a small kitchen. He suggested that if they did remodel they could spend the money and make the wet bar the kitchen and it is easy just to close off the kitchen. Chair Tang asked if there were any further comments or questions. Commissioner Dang asked if a recap of some of the architectural notes he has made needs to be read for staff's purpose. Community Development Director Ramirez stated yes. Commissioner Dang stated he would like staff to note that the roof will be a new roof, the water heater vent will be internal within the walls, the rod iron fence will be re- designed, driveway gate will be pushed back away from the property line far enough to accommodate a standard size vehicle stall. Chair Tang asked if the driveway gate is already on the property line does Commissioner Dang still want the applicant to push the gate further back., City Planner Valenzuela stated the applicant does have a driveway gate and it is on the property line. Community Development Director Ramirez stated the fencing would have to be rearranged and she is not sure if they would be able to do that because it would cut off the front yard. Commissioner Dang stated the driveway gate will be moved back and the existing fence will remain in its existing location. Community Development Director Ramirez stated that a fence will be needed to attach a gate. Commissioner Dang explained that the fence and wall of the porch will line up and give the security you need. Community Development Director Ramirez clarified that Commissioner Dang is requesting it be aligned with the front of the house. Chair Tang asked the applicant if they understand and agrees with this request. Kenny Lu asked if this means the original gate will have to be removed and moved back. 21 Community Development Director Ramirez showed Kenny Lu what is being requested on the site plan Chair Tang explained to the applicant that this is a request by one of the Planning Commissioners, they have an existing gate, and it is up to them to agree if they want to. Kenny Lu relayed that his parents would like to leave the gate as is because it will be safer and is controlled by a remote. He explained that when parents are picking up the children they will open the gate by the remote and the parents will be parking inside. Commissioner Dang stated that security would still be achieved if that gate was further back into the property and the goal is to get the traffic off the street. City Attorney Murphy addressed Commissioner Dang and stated that the parents also have the option of parking in the street when picking up their children. He explained the use is pre- existing, so it cannot be conditioned and it cannot required as part of the design that parents have to pull into the driveway. He explained that the Planning Commission is here to look at the design of the building and the Minor Exception of where the set -backs are. He re- iterated what Chair Tang said which is this is an option for the applicant, and the applicant can move the gate up as requested or the applicant can refuse and certainly the Planning Commission has the ability to say they don't like the design and to refuse to approve the Design Review. He reminded the Planning Commission that even though this is a child care use in a R -1 zone, they have the same right to the street and based on State Law they have the right to operate at this location and to be cautious in trying to make the design conditions into use conditions. Commissioner Dang stated he agrees that if this is an existing use and the driveway and fence were a pre- existing condition that was permitted then he does not feel he has the right to ask them to move it back. He requested that staff check and make sure the applicant has a valid fence /gate permit. Community Development Director Ramirez stated one of the conditions does state they have to apply for the proper permitting for the fencing. Commissioner Dang asked if there was permitting on the current fencing. Community Development Director Ramirez replied the existing fencing is changing, so it is the new fencing they will have to get a permit for. Commissioner Dang asked if the Planning Commission has the right to request they set the fencing back, so it will not interfere with traffic flow. Community Development Director Ramirez stated they are planning to keep the fence in place, they are not planning on moving it. She stated this was sent to fifty-eight (58) residents and if this had been an issue with blocking driveways or parking on the street, then residents would have been present this evening to speak of that concern. She stated staff has not received any concerns related to those issues. She stated it is Condition of Approval number 19 that states a fence permit shall be required prior to approval of the subject property. Commissioner Dang asked if it can be requested at that time that they obtain a queuing reservoir so it gets the traffic off the street. City Attorney Murphy replied he is not sure about the term getting traffic off the street and single car queuing. Commissioner Dang explained what he was envisioning was peak hours, three different families, picking up three different kids, and the first car is honking at the horn waiting for someone inside to open the gate remotely, while the other two families show up waiting behind him, so there is a queuing effect in a residential street. 22 Community Development Director Ramirez stated if that is a concern during the peak hours, which the applicant stated they are 8:00 am to 9:00 am and 4:00 pm to 5:00 pm., maybe a condition can be added stating during those peak hours the gate must remain open. Commissioner Dang stated that may become a security issue for the family but the City Attorney can advise if that can be done. City Attorney Murphy stated with respect with the gate being open there is a day care facility that needs to be remain gated and in respect to telling the applicant they can't pull into the driveway, you are dealing with the operation of the use, and not the design of the building and grounds. He stated if this item was coming in as a Conditional Use Permit for the use, then you could talk about the drop off and pick up hours of use, but here you need to focus on the design and make sure the design meets the code and community standards. Commissioner Dang stated what he was trying to convey is that any driveway gate, whether it is for the day care, a tract home, or his own home, should not be at the property line. He added he has an automatic gate, and if he has a guest arrives they should not be parked on the sidewalk honking his horn waiting to get in. He added he could be in the shower and not hear them and his question was geared towards just having cars in driveways in general. City Attorney Murphy stated unfortunately placement of fencing and gates is something that needs to be taken care of by looking at the Municipal Code. He explained that is something the Planning Commission can take to City Council and say for the betterment of the community they believe that the municipal code rules regarding where fences and gates go needs to change. He added but in the meantime the Municipal Code needs to be applied as written and refer to the design aspects rather than where it is located. City Planner Valenzuela stated the Municipal Code currently states that fencing is permitted right at the property line. City Attorney Murphy asked if that includes driveway gates. City Planner Valenzuela replied yes. Kenny Lu stated that during peak hours parents do park in the street and walk in to pick up their children. Commissioner Dang stated that if this is an existing business, he is not in any position to tell them how to mitigate traffic measures. Chair Tang stated it is a recommendation. Kenny Lu stated he will explain to his father that this is a recommendation but currently he would like to keep the existing gate. Commissioner Dang stated he has one more note for staff to incorporate split face onto the block walls and include the fascia boards. Chair Tang asked for a motion. Commissioner Herrera made a motion, seconded by Vice -Chair Lopez, to ADOPT Resolution No. 16 -03 with findings and APPROVE Design Review 15.09 and Minor Exception 15 -10, subject to the 22 conditions of approval. (Conditions of Approval number's 23 and 24 were added by the Planning Commission). 23 Vote resulted in: Yes: Dang, Herrera, Lopez, and Tang No: Eng Abstain: None Absent: None Community Development Director Ramirez stated the motion passes with 5 Ayes and 0 Noes and explained the 10- day appeal process. 4. CONSENT CALENDAR A. Minutes of 1.4.16 Commissioner Eng stated she has one correction to PC Minutes 1 -4 -16, page 3, the first sentence, the word 'bode" is incorrect. B. Minutes of 2 -1 -16 Vice -Chair Lopez made a motion, seconded by Commissioner Dang, to approve PC Minutes of 1.4.16 with correction and PC Minutes 2 -1 -16 as presented. Vote resulted in: Yes: Dang, Eng, Herrera, Lopez, and Tang No: None Abstain: None Absent: None Community Development Director Ramirez stated motion passes 5 Ayes and 0 Noes. 5. MATTERS FROM STAFF Community Development Director announced the time, date, and location of the next Community Watch meeting. 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Herrera asked if there is a Planning Commission meeting on April 11, 2016. Community Development Director Ramirez replied no, the next meetings will be held on April 4, 2016 and April 18, 2016. Commissioner Herrera stated she will be absent for the meeting to be held on April 4, 2016. Commissioner Dang stated he will also be absent for the meeting to be held on April 4, 2016. Commissioner Herrera stated the business located on Delta and Valley is looking good. Commissioner Dang stated he has seen a lot of graffiti along Valley Boulevard. 24 Community Development Director Ramirez stated that a "CRM" may be submitted on the website and Public Works will take care of it right away. Commissioner Dang asked if in general the graffiti crew does drive around. Community Development Director Ramirez replied yes. Commissioner Dang stated he saw it on a private business building. Community Development Director Ramirez stated if it is on a private business, then staff works with the property owner. She recommended putting in the request through the City's website and the graffiti crew will address it. Commissioner Dang stated not in Rosemead, but he has noticed a lot along the 10 Freeway. Commissioner Lopez commented that furniture is being left out on sidewalks but location was not audible. Community Development Director Ramirez stated that happens a lot when tenants are moving out and that issue can also be reported through the City's website and it will be taken care of. Commissioner Eng stated that various items have been left in her alley way. She referred to a project located in Arcadia dealing with a logistics facility and asked when major projects are taking place in neighboring cities does the City of Rosemead get notified. Community Development Director Ramirez replied yes. Commissioner Eng asked if the City takes the opportunity to review the impact and mitigation measures to see how it would impact the City of Rosemead. Community Development Director Ramirez replied yes. Commissioner Eng asked if the staff lets them know of their concerns. Community Development Director Ramirez replied yes, it is put in writing every time. Commissioner Eng requested that the Planning Commission gets notified also when the City receives these notifications of intense projects so they may support staff. She added she would like the opportunity to go to the public hearings in regards to these projects to show support to staff and voice her concerns. Community Development Director Ramirez stated she can make sure that City Council is aware of her request because the letters are sent to them with staff's comments. Chair Tang stated that he had the opportunity to attend the Planning Commissioners Academy in San Ramon and reported he had a great time, it was a very valuable learning experience, and the conference covered a variety of information. He added next year it will be held in Los Angeles and encouraged his colleagues to attend. Commissioner Herrera asked when the Planning Commissioner's Academy is held. Community Development Director Ramirez replied it is usually held in February but as soon as a date is available she will make sure the Planning Commission is aware of it. 25 Commissioner Dang referred to pictures regarding water heaters and its location on the side yard that was prepared for this evening's meeting. He stated if the water heater is within the courtyard it can project 24 inches into it and if it is visible from the street it has to be screened. He recommended if the word screened is used it should be with vegetation or behind a block wall. He stated the vent itself should not be propped up and projected beyond the eaves. He stated the mechanical code just ask for it to terminate two feet above the roof but a lot of contractors just cheat and cut around corners and lean it out beyond the eave. He stated it would be visually more appealing if it goes straight up and painted to match the house. He requested for future projects that staff ask developers to put the vents up through the roof as opposed to leaning it out beyond the eaves. Community Development Director Ramirez explained this project was approved by a former staff member who is no longer with the City and unfortunately is not able to be asked if those request had been made. She stated because it is in the Municipal Code staff is able to require that the resident provide screening. In addition, staff requested the direction of the vent be changed, which the resident agreed to do. Staff also requested they paint the vent, which they have not agreed too, but the Municipal Code does not require that they paint it, and does not require them to go through the roof. She reiterated what City Attorney Murphy stated in regards to going to City Council recommending the Municipal Code be changed in regards to this item. She stated staff always makes these types of requests but if it is not addressed in the RMC, then the applicants don't have to do them. Commissioner Eng asked if a plan needs to be submitted for something like this. Community Development Director Ramirez replied yes and sometimes they do and sometimes they don't. She added when they get caught staff tries to work with them because most of them are financially strapped. Commissioner Eng stated change will need to begin and the Beautification Committee has been working very hard in trying to beautify the City. She added there are a lot of Municipal Code issues that need to be addressed and it will help with property values, aesthetics, and increases the community. Community Development Director Ramirez agreed with Commissioner Eng and stated that staff does the best it can, and works with everyone that comes in. She explained that staff does look at theat it aesthetics, but if it is not in the RMC, then the applicant does not have to agree to staff's direction. Commissioner Eng thanked staff and Commissioner Dang for his diligence and caring for the community. Commissioner Dang thanked Commissioner Eng. He reiterated on some of the concerns of construction cost. He stated he looked into it, and reported the cost and economic impact will be minimal. He referred to the screening of the water heater and would like the language on how to screen it addressed to avoid confusion on how it is screened. He added if it is alright, with the Planning Commission, then he would not mind following up with City Council to see if they would entertain the idea of language stating the vent should go up vertically perforated through the roof. Community Development Director Ramirez commented that the Building Division will need to be involved because there could be cases where they would not want it to go through the roof. She explained in this case, the resident did not want to go through the roof since it was a brand new roof. She explained that the resident was willing to do a vertical angle. Commissioner Eng asked if the City has a bucket list of Municipal Codes or things that need or want to improve Community Development Director Ramirez replied yes. Commissioner Eng requested this issue be added to that list. 26 Commissioner Dang stated for the record this water heater was not shown on the plan and was called in by him, and this contractor tried to bootleg something and doesn't have a reason to not help staff out. He stated he would like to reiterate that and it is his fault he tried to cheat the City and wasn't on the plan. He explained that he went to Google Earth and there was no water heater there in the first place. He added he would bring this up to the City Council. Commissioner Herrera asked what the required height for fencing on the side is. Staff replied it can be 6 feet tall. Commissioner Herrera asked if that is all the way to the front property line. Staff replied no, it is required that the first 20 feet is 4 feet. Commissioner Herrera expressed a concern with Delta Avenue. Community Development Director Ramirez stated in their case they are going to install 6 foot screening. 7. ADJOURNMENT Chair Tang adjourned the meeting at 9:43 p.m. The next regular Planning Commission will be held on Monday, March 21, 2016 at 7:00 pm in the Council Chambers. John Tang Chair' ATTEST: Rachel Lockwood Commission Secretary 27