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HomeMy Public PortalAboutMinutes - 2008/09/25 - RegularPLANNING COMMISSION MINUTES SEPTEMBER 23, 2008 INITIATION: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL: Commissioners: Seibert, Le Berthon Griffiths, 0' Leary, Yu Also Present: City Attorney Martin, Community Development Manager Lambert, Associate Planner Gulick, and Deputy City Clerk Kuo 4. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forth at this time. 5. CONSENT CALENDAR: A. APPROVAL OF MINUTES: September 9, 2008 RECOMMENDATION: APPROVE AS SUBMITTED Commissioner Griffiths — Made a motion to approve minutes of September 9, 2008 as amended, seconded by Commissioner O'Leary and unanimously carried. 6. UNFINISHED BUSINESS: NONE 7. NEW BUSINESS: A. PUBLIC HEARING: A CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP TO ALLOW A SUBDIVISION CONSISTING OF FIVE (5) RESIDENTIAL CONDOMINIUM DWELLING UNITS. THE SUBJECT SITE IS LOCATED IN THE MEDIUM DENSITY RESIDENTIAL (R -2) ZONE. SUBJECT SITE: 5406 MCCULLOCH AVE. • CASE NUMBERS: TENTATIVE TRACT MAP 69956 CONDITIONAL USE PERMIT 08 -1713 OWNER: XING YUE INTERNATIONAL 308 S. FIRST AVE. UNIT G ARCADIA, CA 91006 ENGINEER: WILLIAM CHEN (APEC ENGINEERING) 1859 VALENCIA ST. Planning Commission Minutes Date of Hearing: September 23, 2008 ROWLAND HEIGHTS, CA 91748 RECOMMENDATION: 1) HEAR STAFF REPORT 2) HEAR THOSE FOR AND AGAINST 3) NEGATIVE DECLARATION 4) ADOPT RESOLUTION Chairman Seibert — Asked for a Staff Report. Community Development Manager Lambert — Gave the Staff Report dated September 23, 2008. Associate Planner Gulick — Gave a PowerPoint presentation. Chairman Seibert — Asked if there were any questions or comments from the Planning Commission for the Staff. The Commissioners had questions for Staff at this time. Vice Chairman Le Berthon - Asked Community Development Manager Lambert if the new units would be deducted from the total amount of units required by the State in the Housing Element. Community Development Manager Lambert — Stated that this project would be used toward the required amount of housing units for the Housing Element. Chairman Seibert — Asked if there were any additional questions from the Planning Commissioners for the staff. The Planning Commissioners did not have any additional questions at 'this time. • Opened the Public Hearing and invited the applicant to speak. Benjamin Zhu, -B.Y. Group- Stated that he is representing applicant and that his client finds the conditions of approval acceptable. • Commissioner Yu — Asked the applicant how many trees would be retained. Benjamin Zhu - Stated that two trees in the parkway as well as two 16 inch trees in the rear yard would remain on the property. Commissioner Yu — Expressed concern regarding trash cans being left in the driveway as the trash enclosure faces the landscaped area. Commissioner Griffiths — Stated that the Los Angeles County Department of Building and Safety is recommending requirements for the drainage plan that are not consistent with the City's' standards. Stated that cross lot drainage interferes with the environment and it requires that the drainage be handled from the north and not drain onto the southerly properties. Stated that the language for the drainage plans indicated that there shall not be any holes in the south wall. Expressed concern that the south easterly portion of the lot would be flooded, should the pump system fail to operate. Community Development Manager Lambert — Stated that the Los Angeles County Department of Public Work generally does not allow lots to drain to the south unless a covenant is signed. Commissioner Griffiths — Stated that the City should hold the authority to decide how a lot should drain. Planning Commission Minutes Date of Hearing: September 23, 2008 Community Development Manager Lambert — Stated that the Los Angeles County Department of Public Works gives their recommendation based on a liability issue. Stated that a condition could be added to require a stop gap measure and weep holes in the southerly wall. City Attorney Martin — Asked the applicant where the cross lot drainage would flow if there are not any weep holes or no sump pump. Benjamin Zhu — Stated that there were weep holes on the original drainage plans, however, the Los Angeles County of Public Works would not allow them. Community Development Manager Lambert — Stated that he would like to leave the plan as is, and impose a condition regarding weep holes to override the County's recommendation. Chairman Seibert — Asked if anyone from the public would like to speak in favor or against the proposed request. No one came forth at this time. Commissioner Yu — Made a motion to close the public hearing, seconded by Commissioner O'. Leary and unanimously carried. Commissioner Griffiths — Stated that he could make the findings to approve this project along with the Negative Declaration and the added condition. Commissioner Le Berthon — Stated that he concurs with fellow Commissioner Griffiths. Stated that he could make the findings to approve this request. Commissioner Yu — Stated that he could also make the findings to approve this request. Commissioner O'Leary — Stated that he concurs with his fellow Commissioners and could make the findings to approve this request. Chairman Seibert — Stated that he also concurs with his fellow Commissioners. Stated that he could make the findings to approve this request. Commissioner Griffiths — Made a motion to approve Tentative Tract Map 69956 and Conditional Use Permit 08 -1713 with the added condition concerning weep holes and the Negative Declaration, seconded by Commissioner Le Berthon and unanimously carried. Chairman Seibert — Stated that the application was approved 5 -0 and stated that there is a 15 -day appeal /review period. 8. COMMUNICATIONS: NONE 9. MATTERS FROM CITY OFFICIALS: A. UPDATE FROM STAFF: A VERBAL UPDATE FROM THE COMMUNITY DEVELOPMENT MANAGER REGARDING THE STATUS OF THE HOUSING ELEMENT Chairman Seibert — Asked for a Staff Report. • Community Development Manager Lambert — Updated the Commissioners regarding the status of the Housing Element. Planning Commission Minutes Date of Hearing: September 23, 2008 Chairman Seibert — Asked if there were any questions or comments from the Planning • Commission for the Staff. The Commissioners had questions for Staff at this time. Commissioner Griffiths — Asked Community Development Manager Lambert how long will it take for the Draft Housing Element to be reviewed by H.C.D. Community Development Manager Lambert — Stated that H.C.D. has 60 days to review the Draft Housing Element. Chairman Seibert — Asked if there were any additional questions or comments from the Planning Commission for the Staff. The Commissioners did not have questions for Staff at this time. B. UPDATE FROM STAFF: A VERBAL UPDATE FROM THE COMMUNITY DEVELOPMENT MANAGER REGARDING THE STATUS OF THE TASK ' COMMITTEE.`. RECOMMENDATIONS THAT ARE CURRENTLY BEING EVALUATED BY THE CITY COUNCIL. Chairman Seibert — Asked for a Staff Report. Community Development Manager Lambert — Updated the Commissioners regarding the status of the various Task Committee recommendations. Chairman Seibert — Asked if there were any questions or comments from the Planning Commission for the Staff. The Commissioners did not have any questions for Staff at this time. 10. ADJOURNMENT: Chairman Seibert — Adjourned the meeting at 7:55 p.m. to the next regularly scheduled Planning Commission meeting of October 14, 2008 at 7:30 p.m. Next Scheduled Meeting of: City Council: Parks & Recreation Commission: October 7, 2008 October 15, 2008 C air an