HomeMy Public PortalAboutMinutes - 2005/07/12 - Regularlk INITIATION:
1. CALL TO ORDER
•
PLANNING COMMISSION
MINUTES
JULY 12, 2005
Pursuant to the Agenda posted July 7, 2005, Chairman Griffiths called the
meeting of the Planning Commission to order at 7:30 p.m. on Tuesday, July 12, 2005.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
Present: Commissioners: Le Berthon, Blum, Yu, Griffiths, Seibert
Absent: None
Also Present: City Attorney Martin, Community Development Director
Dawson, Senior Planner Lambert, and Assistant Planner
Gulick
4. REORGANIZATION OF PLANNING COMMISSION
A. Director Dawson called for nominations for a new Chairman.
Commissioner Seibert nominated Vice - Chairman Blum, seconded by
Commissioner Le Berthon. As there was no objection, motion carried.
B. Chairman Blum called for nominations for new Vice - Chairman.
Commissioner Griffiths nominated Commissioner Yu as Vice - Chairman,
seconded by Commissioner Le Berthon. As there was no objection,
motion carried.
5. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK:
6. CONSENT CALENDAR:
A. APPROVAL OF MINUTES June 14, 2005
RECOMMENDATION: Director requested continuing approval until the
next meeting, as the Department Secretary has been on vacation and was
unable to fine -tune the minutes.
Chairman Blum - Asked if anyone would like to make a motion to approve or modify
the minutes.
Planning Commission
July 12, 2005
Page 2
Commissioner Seiberl — Stated that he was absent from the last meeting and therefore,
wished to abstain from the vote.
Commissioner Griffiths — Made a motion to continue approval of the minutes, seconded
by Commissioner Le Berthon and carried by a vote of the remaining four
Commissioners who were present at the meeting of June 14, 2005.
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
A. PUBLIC HEARING: A CONDITIONAL USE PERMIT AND ZONE
VARIANCE TO ALLOW THE EXPANSION AND
MODIFICATION OF AN EXISTING RESTAURANT
USE; THE EXISTING 2,335 SQUARE FOOT
BUILDING (INCLUDING A 605 SQUARE FOOT
MEZZANINE) WOULD BE EXPANDED ADDING 292
SQUARE FEET OF SPACE TO ACCOMMODATE A
NEW WALK -IN COOLER & FREEZER. THE
REMODELED RESTAURANT PROPOSES TO
SERVE BEER AND WINE FOR ON- PREMISES
CONSUMPTION. A ZONE VARIANCE IS
NECESSARY BECAUSE THE SUBJECT SITE
CONTAINS TWENTY (20) PARKING SPACES,
INSTEAD OF THE REQUIRED 27 SPACES; THE
ZONING CODE REQUIRES FOOD
ESTABLISHMENTS TO PROVIDE ONE (1)
PARKING SPACE FOR EVERY 100 SQUARE FEET
OF GROSS FLOOR AREA. THE SUBJECT SITE IS
LOCATED IN THE LAS TUNAS WEST
COMMERCIAL (WC) DISTRICT OF THE
DOWNTOWN SPECIFIC PLAN.
SITE:
CASE NO.:
APPLICANT/
BUSINESS OWNER:
9202 LAS TUNAS DRIVE
CONDITIONAL USE PERMIT 05 -1620
ZONE VARIANCE 05 -1621
JOSEPHINE CHENG
1323 ALTA VISTA DR. SUITE D
MONROVIA, CALIFORNIA 91016
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P l a n n i n g C o m m i s s i o n
J u l y 1 2 , 2 0 0 5
P a g e 3
D E S I G N E R :
P R O P E R T Y O W N E R :
D E S I G N F O R R E S T A U R A N T P L U S , I N C .
1 1 9 S . A T L A N T I C B L V D . S U I T E 2 2 8
M O N T E R E Y P A R K , C A L I F O R N I A 9 1 7 5 4
B I L L N I K O L O P O V O S
7 5 0 S . O A K T R E E D R .
C O V I N A , C A L I F O R N I A 9 1 7 2 3
R E C O M M E N D A T I O N : 1 ) H E A R S T A F F R E P O R T
2 ) H E A R T H O S E F O R A N D A G A I N S T
3 ) N E G A T I V E D E C L A R A T I O N
4 ) A D O P T R E S O L U T I O N
D i r e c t o r D a w s o n R e a d t h e S t a f f R e p o r t d a t e d J u l y 1 2 , 2 0 0 5 , g a v e a b r i e f s u m m a r y
a n d r e q u e s t e d t h a t S e n i o r P l a n n e r L a m b e r t e l a b o r a t e o n t h e p r o p o s e d p r o j e c t .
S e n i o r P l a n n e r L a m b e r t G a v e a P o w e r P o i n t p r e s e n t a t i o n .
C h a i r m a n B l u m A s k e d i f t h e r e w e r e a n y q u e s t i o n s o f S t a f f .
V i c e - C h a i r m a n Y u A s k e d i f t h e r e h a v e b e e n a n y p a r k i n g p r o b l e m s w h i l e t h e p r e v i o u s
o w n e r s o p e r a t e d t h e r e s t a u r a n t .
D i r e c t o r D a w s o n S a i d t h a t t h e r e h a v e n o t b e e n a n y c o m p l a i n t s . S a i d t h a t t h e r e i s n o t
l i k e l y t o b e a p a r k i n g p r o b l e m w i t h t h e a m o u n t o f s p a c e s b e i n g p r o v i d e d .
C o m m i s s i o n e r S e i b e r t A s k e d i f t h e r e w o u l d b e a b o u t 1 , 7 0 0 s q u a r e f e e t o f s e a t i n g
a r e a , w i t h o u t t h e s t o r a g e a r e a b e i n g c o u n t e d o r t h e n e w a d d i t i o n .
S e n i o r P l a n n e r L a m b e r t S t a t e d t h a t w a s c o r r e c t .
C h a i r m a n B l u m A s k e d i f t h e r e w e r e a n y o t h e r q u e s t i o n s o f S t a f f a n d o p e n e d t h e
P u b l i c H e a r i n g .
J o s e p h i n e C h a n g , 1 2 2 3 A l t a V i s t a D r i v e , M o n r o v i a S t a t e d t h a t s h e i s t h e a p p l i c a n t
a n d a s k e d i f h e r p a r t n e r c o u l d r e p r e s e n t h e r .
K e n t I B u n g , 4 2 4 W . R o s e s , S a n G a b r i e l , C A S t a t e d t h a t t h e r e s t a u r a n t i s a n
i n t e r n a t i o n a l f r a n c h i s e o r i g i n a t i n g f r o m J a p a n . S t a t e d t h a t i n o r d e r t o a c c o m m o d a t e t h e
r e s t a u r a n t t h e y r e q u i r e a l a r g e r c o o l e r a n d f r e e z e r a n d t h a t t h e y a r e a s k i n g a p p r o v a l o f
t h e p r o j e c t s o t h e y c a n p r o g r e s s i n o p e n i n g t h e i r r e s t a u r a n t .
D i r e c t o r D a w s o n A s k e d i f t h e a p p l i c a n t h a s r e a d t h e c o n d i t i o n s o f a p p r o v a l , i n c l u d i n g
t h e h o u r s o f o p e r a t i o n .
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Planning Commission
July 12, 2005
Page 4
Kent Leung, 424 W. Roses, San Gabriel, CA — Stated that they have read the
conditions and can comply with them.
Director Dawson — Asked what type of alcohol would be served on the premises.
Josephine Chang — Stated that it would be saki and beer.
Chairman Blum — Asked if anyone wanted to speak for or against the project.
Jimmy Zhang, 119 S. Atlantic Blvd., #228, Monterey Park — Stated that was in favor of
the project.
Chairman Blum - Asked if anyone else wanted to speak in favor or opposition to the
project.
Commissioner Seibert — Made a motion to close the Public Hearing, seconded by Vice -
Chairman Yu.
Chairman Blum — There being no objection, the Public Hearing was closed.
Commissioner I e Berthon — Stated that he did not see a problem approving the project,
especially since the seating capacity will not increase. Stated that he could approve the
project.
Commissioner Seibert — Stated that he agreed and did not think that the storage area
should be counted as square footage. Stated that he did not see a problem approving
the project.
Commissioner Griffiths — Stated that he concurred with approving the project.
Vice - Chairman Yu — Stated that he also concurred.
Chairman Blum — Stated that he also supported the project.
Commissioner I e Berthon — Made a motion to approve Conditional Use Permit 05 -1620
and Zone Variance 05 -1621 and adopt the negative declaration and also adopt the draft
resolution, seconded by Commissioner Seibert and unanimously carried.
Chairman Blum — Stated that the matter has been approved and is subject to a 15 -day
appeal /review period.
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Planning Commission
July 12, 2005
Page 5
• B. PUBLIC HEARING: A CONDITIONAL USE PERMIT AND TENTATIVE
PARCEL MAP TO ALLOW A FLAG LOT SUBDIVISION.
THE SUBJECT PROPERTY IS LOCATED IN THE
SINGLE FAMILY RESIDENTIAL (R -1) ZONE AND
DESIGNATED AS LOW RESIDENTIAL DENSITY ON
THE CITY'S GENERAL PLAN MAP
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SITE: 5428 PAL MAL AVENUE
CASE NO.: TENTATIVE PARCEL MAP 61060
CONDITIONAL USE PERMIT 04 -1569
PROPERTY OWNER/
APPLICANT
ENGINEER:
JOHN CALVERT
8903 EMPEROR AVENUE
TEMPLE CITY, CA 91775
TRITECH ASSOCIATES
135 N. SAN GABRIEL BOULEVARD
SAN GABRIEL, CALIFORNIA 91775
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) NEGATIVE DECLARATION
4) ADOPT RESOLUTION
Vice - Chairman Yu — Asked to be recused from this item because he lives within the 300
foot mailing radius
Director Dawson - Stated for the record that Vice - Chairman Yu recused himself
because he lives within the notification area for this project. Read the staff report dated
July 12, 2005.
Senior Planner Lambert - Stated that at this time the applicant has applied for the
subdivision only; there are no plans submitted for architectural review.
Chairman Blum — Asked if there were any questions of Staff
Commissioner 1 e Berthon — Asked if there would be any potential sewer problems in the
area. Asked at what time does the Planning Commission want to address the issue of
sewer impacts?
Director Dawson — Stated that about five years ago the City completed a Sewer Master
Plan, which indicated areas of potential future deficiencies. Stated that Staff is currently
determining the appropriate charges for sewer impact fees.
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Planning Commission
July 12, 2005
Page 6
Chairman Blum — Asked about condition two on page two. Asked Director Dawson if we
wanted trees on both sides of the driveway.
Director Dawson — Stated that the idea is to have some kind of landscaping in that area
even if it is shrubbery or vines.
Chairman Blum — State a solution might be to require landscaping rather than fast growing
tall shrubbery.
Director Dawson — Stated the condition could be modified.
Chairman BI um — Asked if there were any other questions of Staff. Opened the Public
Hearing. Asked if John Calvert was present and if he would like to speak.
Tom Cao with Tritech Associates — Stated that he was representing Mr. Calvert. Stated
that he was in support of the project and gave the particulars of the project. Stated that the
owner is willing to accept all of the conditions of approval.
Director Dawson — Asked why it took so long for the drainage concept plan to be approved
by the County.
Tom Cao with Tritech Associates — Stated that the County is very particular and makes
many inspections and site visits and that it takes a while to get approval.
Director Dawson — Asked if the applicant had a problem with complying with the condition
that there be no more than 12 inches of fill.
Tom Cao with Tritech Associates — Stated that they can comply.
Chairman BI um — Stated that was not consistent with the plans that were submitted.
Tom Cao with Tritech Associates — Stated that the building has to be elevated according to
the Building Code. Stated that in this case there is about 1.2 feet of fill at the highest point,
which is normal.
Commissioner Griffi hs — Stated that the Tentative Parcel Map and the Drainage Concept
Plan are in conflict.
Chairman Blum — Stated that one of the concerns is that a home can be built considerably
higher than a neighboring home. Asked if anyone else wanted to speak in favor or against
of the project.
Pak Tong, 5429 Pal Mal Avenue — Stated that the area is zoned R -1. Stated that once the
property is subdivided, then the population will increase. Stated that he was concerned
about the parking in that area. Stated that he was against the project.
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P l a n n i n g C o m m i s s i o n
J u l y 1 2 , 2 0 0 5
P a g e 7
C h a i r m a n B l u m S t a t e d t h a t a s l o n g a s y o u c a n m e e t t h e 7 , 2 0 0 s q u a r e f o o t m i n i m u m
l o t s i z e t h e n y o u c o u l d c r e a t e n e w l o t s i n a n R - 1 z o n e . S t a t e d t h a t t h e s e d o m e e t t h e
z o n i n g r e q u i r e m e n t s o f t h e C i t y .
J a s o n h n , 5 4 2 3 P a l M a l A v e . S t a t e d t h a t h e w a s s p e a k i n g o n b e h a l f o f h i s f a t h e r .
S t a t e d t h a t h i s c o n c e r n w a s s i m i l a r t o t h e o t h e r s p e a k e r a n d t h a t h e w a s c o n c e r n e d
a b o u t t h e d e n s i t y a n d s e w e r s y s t e m . S t a t e d t h a t i f a l l R - 1 p r o p e r t i e s h a d a g u e s t h o u s e
o r s e c o n d u n i t t h a t w o u l d d o u b l e t h e p o p u l a t i o n .
V i n c e n t Y u , 5 4 4 5 P a l M a l S t a t e d t h a t h e e x p r e s s e s t h e s a m e c o n c e r n s a s h i s
n e i g h b o r s . S t a t e d t h a t h e f e l t f l a g l o t s r e d u c e t h e v a l u e o f p r o p e r t i e s S t a t e d t h a t h e f e l t
t h a t t h e r e w e r e t o o m a n y f l a g l o t s o n t h e s t r e e t .
C h a i r m a n B l u m A s k e d i f t h e r e w a s a n y o n e e l s e w h o w a n t e d t o s p e a k o n t h e m a t t e r .
A s k e d i f t h e a p p l i c a n t w o u l d l i k e t o m a k e a n y a d d i t i o n a l c o m m e n t s .
T o m C a o w i t h T r i t e c h A s s o c i a t e s S t a t e d t h a t h e u n d e r s t a n d s t h e c o n c e r n s o f t h e
n e i g h b o r s . S t a t e d t h a t f l a g l o t s a r e n o t u n u s u a l t o t h i s a r e a . S t a t e d t h a t h e u n d e r s t a n d s
t h e c o n c e r n s a b o u t t h e f i l l b u t t h e r e a r e g u i d e l i n e s f o r t h a t a n d t h e y w i l l b e f o l l o w e d .
C h a i r m a n B l u m S t a t e d t h a t t h e P u b l i c H e a r i n g i s s t i l l o p e n b u t t h e r e i s s o m e
" d i s c u s s i o n .
C o m m i s s i o n e r G r i f f i t h s S t a t e d t h a t h e d i d n o t w a n t t o a p p r o v e t h e p a r c e l m a p w i t h o u t
t h e d r a i n a g e c o n c e p t p l a n .
C o m m i s s i o n e r S i . b . r t S t a t e d t h a t h e f e l t t h a t t h e p r o b l e m w a s t h a t t h e m a p s d o n o t
a g r e e .
C o m m i s s i o n e r G r i f f i t h s S t a t e d t h a t t h e r e a r e s o m e q u e s t i o n s r e g a r d i n g w a l l s a n d
c o n t r i b u t o r y d r a i n a g e .
C h a i r m a n B l u m A s k e d C o m m i s s i o n e r G r i f f i t h s i f h e w o u l d l i k e t o c o n t i n u e t h e i t e m .
C o m m i s s i o n e r G r i f f i t h s S t a t e d t h a t h e w o u l d l i k e t o c o n t i n u e t h e m a t t e r u n t i l t h e
e n g i n e e r c a n c o m e u p w i t h s o m e d e t a i l s t h a t i n d i c a t e t h a t t h e p l a n w i l l a c t u a l l y w o r k .
C i t y A t t o r n e y M a r t i n A s k e d i f t h e r e w o u l d b e a p r o b l e m w i t h c o n t i n u i n g t h e m a t t e r .
D i r e c t o r D a w s o n S t a t e d t h a t t h e m a t t e r c o u l d b e c o n t i n u e d f o r t w o w e e k s o r a n y
a d d i t i o n a l t i m e n e e d e d t o r e s o l v e t h e p r o b l e m .
C o m m i s s i o n e r G r i f f i t h s M a d e a m o t i o n t o c o n t i n u e t h e p u b l i c h e a r i n g , s e c o n d e d b y
" C o m m i s s i o n e r S e i b e r t . T h e r e b e i n g n o o b j e c t i o n , t h e m o t i o n t o c o n t i n u e t h e p u b l i c
h e a r i n g w a s p a s s e d .
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Planning Commission
July 12, 2005
Page 8
Chairman Blum — Stated that item 8b has been continued to the next regular Planning
Commission meeting.
Vice - Chairman Yu — resumed his role as a Planning Commissioner.
C. DISCUSSION
SITE:
RECOMMENDATION:
PARKING OF 3 -TON TRUCKS AND STORAGE OF
MOTOR HOMES WITHIN FRONT YARD AREAS OF
'R' ZONED PROPERTIES
CITYWIDE
1) REVIEW STAFF MEMORANDUM RELATIVE TO
PARKING OF 3 -TON TRUCKS AND STORAGE OF
MOTOR HOMES WITHIN FRONT YARD AREAS OF
'R' ZONED PROPERTIES.
2) PROVIDE STAFF DIRECTION
Director Dawson — Asked the Senior Planner to present the report.
Senior Planner I amhert — Gave a presentation regarding motor homes and 3 -ton trucks
in front yards. Asked should the current standards be revised or should they stay the
same. Talked about neighboring cities and what they are doing to address the issue.
Chairman Blum — Stated that it sounds as thought there are two major items, one
having to do with commercial trucks and one with motor homes. States that we might
want to separate those concerns.
City Attorney Martin — Stated that the RV's and motor homes are much larger than they
used to be. Stated that it may be time to set rules and regulations. Stated that the
purpose of the study session is to decide if anything should be done at this time.
Stated that the Planning Commission could give some direction to the City Council.
Chairman Blum — Stated that he wanted to discuss the 3 -ton trucks first. At present we
prohibit the parking of those vehicles in the R -1 zone.
City Attorney Martin — Stated on any private R -1 property such trucks cannot be on the
street, other than for loading or unloading.
Vice - Chairman Ytt — Stated that some of the larger SUV's are over 6,000 lbs.
Commissioner Seibert — Stated that the concerns are commercial trucks and that they
should not be parked on residential property.
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Planning Commission
July 12, 2005
Page 9
• Chairman Blum — Stated that currently they are not allowed and that the question is if
the ordinance should be changed.
Vice - Chairman Yu — Asked about commercial passenger vans that seat 10 to 14
passengers.
City Attorney Martin— Asked if they have commercial license plate.
Commissioner Seibert — Stated that he doesn't have a problem with those vans as
opposed to the bobtail trucks.
City Attorney Martin— Stated that he wanted to clarify that the existing ordinance applies
to trucks with commercial plates. Asked if there is a motion.
Commissioner Seibert — Stated that he would like to make the motion to retain the
existing ordinances relative to commercial vehicles of three tons or greater, seconded
by Commissioner Le Berthon and unanimously carried.
Chairman Blum — Stated that the discussion would now be regarding motor homes and
R.V.'s. The City Council has given some suggestions that they be allowed.
• City Attorney Martin — Stated that the specific ordinance says you can park in the front
yard but not for unreasonable periods and not if it depreciates neighboring properties.
Stated that both definitions are vague and probably unenforceable.
Commissioner Seibert — Stated that he would like to take some time to review the Staff
Report.
Sommissioner Griffiths — Stated he agreed and would like to put it on the agenda for
the next meeting. Stated that he would like to continue a discussion so that Staff could
do some research.
Director Dawson — Stated that there are areas of ambiguity in the Zoning Code. Stated
that in terms of zoning, there are no separate regulations for R.V. parking, so an R.V.
can be parked anywhere that a car can be parked; perhaps that should be modified.
Commission .r Le Berthon — Asked if there were a number of current R.V. owners in the
City.
City Attorney Martin — Stated that there is an estimate of a little over 400 R.V. owners.
Vice - Chairman Yu — Asked if they are usually parked on the front yard.
• City Attorney Martin — Stated that they are parked on private residential property.
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Planning Commission
July 12, 2005
Page 10
Commissioner riffiths — Asked if the R.V. designation included motor homes as well
as trailers.
Chairman Blum — Stated that the City just spent a considerable amount of time
addressing design guidelines because people were saying they do not like the type of
buildings; but is that any different than some of the "in your face" R.V. parking.
Vice- Chairman Yu — Asked what types and sizes they typically come in.
Commissioner Seibert — Stated that the maximum is 40 feet long and 8 feet wide.
Chairman Blum — Stated that there are different types of vehicles and knowing this
information would be helpful.
Director Dawson — Stated that there are some innocuous R.V.'s that are moderate in
size and are not intrusive to the neighbors.
Vice - Chairman Yit — Stated that there is also an issue of traffic safety when someone
tries to exit his or her driveway and an R.V. is blocking the view.
Director Dawson — Stated that the Staff would compile information and have some
drawings for discussion.
Chairman Blum — Stated that another issue is the time limit for loading and unloading.
Commissioner Griffiths — Stated that the Codes do need some investigating but at this
time more information is needed, as well as more time.
Chairman Blum — Stated that once the discussion is finished, then something will be
formulated and a public hearing will be set.
Question from audience — Asked about the issue of boats.
Chairman Blum — Stated that boats would also be addressed.
Question from audience — Stated that one of the concerns is how long can you have
people stay in a motor home when it is used as a guesthouse. Stated that there should
be some limits as to how long people can stay in a motor home.
Chairman BI tm — Stated that once you have people living in motor homes, it is an
entirely different issue.
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City Attorney Martin — Stated that it would be on the next agenda as a continuing study ID
session item.
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P l a n n i n g C o m m i s s i o n
J u l y 1 2 , 2 0 0 5
P a g e 1 1
9 . C O M M U N I C A T I O N S : N O N E
1 0 . M A T T E R S F R O M C I T Y O F F I C I A L S :
C h a i r m a n B l u m S t a t e d t h a t h e w a n t e d t o m e n t i o n t h e i m p o r t a n c e o f k n o w i n g t h e
u l t i m a t e b u i l d - o u t o f t h e C i t y a n d t h e s e w e r c a p a c i t y .
C o m m i s s i o n e r L e B e r t h o n S t a t e d t h a t w e s h o u l d a d d r e s s o r a t l e a s t l o o k a t t h e
n e i g h b o r i n g e n t i t i e s .
C h a i r m a n B l u m S t a t e d t h a t w e s h o u l d h a v e t h e d i s c u s s i o n a t t h i s l e v e l b e c a u s e a s
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