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PC - Minutes 5-3-93• 0 CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING MAY 3, 1993 MINUTES 1. CALL TO ORDER - The regular meeting of the Planning Commission of the City of Rosemead was called to order by Chairman Young at 7:00 p.m. in the Council Chambers of the Rosemead City Hall, 8838 E. Valley Boulevard, Rosemead. The Pledge of Allegiance was led by Chairman Young. The Invocation was delivered by Commissioner Ruiz. 2. ROLL CALL - Present: Lowrey, Ruiz, Young, Breen, Ortiz Ex Officio: Wagner, Price, Lyons, Tarr, Pitzer 3. APPROVAL OF MINUTES - Regular Meeting of April 19, 1993. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Breen, to approve the minutes of the regular meeting of April 19, 1993, as presented. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz 4. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS - City Attorney Stan Price explained the public hearing process and the right to appeal decisions of the Planning Commission to the City Council. 5. ADMINISTRATION OF OATH - The secretary administered the oath to members of the audience wishing to speak. PUBLIC HEARING ITEMS 6. ZONE CHANGE 93-191 & GENERAL PLAN AMENDMENT 93-2 - 3036 Jackson Avenue - Request from Yuk Shing Chan to change the underlying zoning classification from P (Parking) to R2 (Medium Multiple Residential) to preserve residential use of property slated for future commercial development. Mr. Tarr presented the staff report with the recommendation to approve. The Chairman opened the public hearing. Addressing the Commission in favor of the request was: Tom Cao, of Tritech Associates, 735 W. Emerson Avenue, Monterey Park, representing the owner. Mr. Chao stated that a change of zone from P to R2 would make the property more consistent with the surrounding area; that the owner does not have plans for new construction in the immediate future; and that the owner requests permission to build according to R2 regulations. PC Minutes 5-3-93 page 2. • Addressing the Commission in opposition of the zone change were: Bernard Ancheta, 1413 Cuesta Way, Montebello. Mr. Ancheta stated that he owns properties located at 3013, 3015, 3017, 3019- Jackson Avenue; that the properties are zoned Commercial and have eleven residential units on them; that his opposition of the proposed zone change was based on the overcrowding of the adjacent Alpha Beta parking lot; that more, rather than less parking is needed in the area, especially with an eye on the future; and that the property is not suitable for residential use because of the unloading of big trucks in the area during the night. Leroy Young, 7533 E. Garvey. Mr. Young's opposition was based on his opinion that the purpose of the General Plan is to keep the area zoned for future parking lots for expanding commercial uses. Cleo Young, 7533 E. Garvey. Mrs. Young stated that zoning is for the protection of people; that building on P-zoned property would result in increases in traffic and air pollution and more parking problems. Yuk Shing Chan, property owner, was given an opportunity for rebuttal. Mr. Chan stated that he plans to develop the property with a single-family residence in the future, which will result in property tax revenue, as opposed to a parking lot. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Chairman Young stated that the single family home Mr. Chan plans on building would be located next to a loading zone behind a high block wall. Commissioner Lowrey felt that the zone change would be against the General Plan and result in spot zoning. Commissioner Ortiz was in favor of maintaining the parking zone. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Ortiz, to deny Zone Change 93-191 & General Plan Amendment 93-2. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz 7. ZONE CHANGE 93-192 & GENERAL PLAN AMENDMENT 93-3 - 3029, 3031, 3031 1/2, 3033, and 3035 Jackson Avenue - Request from Yuk Shing Chan to change the underlying zoning classification from P (Parking) to R2 (Medium Multiple Residential) to preserve residential use of property slated for future commercial development. Mr. Tarr presented the staff report with the recommendation to deny. Addressing the Commission in favor of the proposal was: Tom Cao, of Tritech Associates, 735 W. Emerson Avenue, Monterey Park, representing the owner. Mr. Cao stated that this lot is not a parking lot at the present time so that it makes no difference if it is a parking zone or a residential zone; that future commercial developments on Garvey will have to be designed with sufficient on-site parking; that the proposal will result in less density in the future since the existing five units can only be replaced by three units; that the concern about increased traffic is not valid; and that he hoped the Commission would approve the request. PC Minutes 5-3-93 page 3. Addressing the Commission in opposition were: Bernard Ancheta, 1413 Cuesta Way, Montebello, owner of property located at 3013, 3015, 3017 and 3019 Jackson Avenue. Mr. Ancheta stated his opinion that the properties are zoned appropriately and that there is no reason why the owner cannot make improvements without changing the zoning. Cleo Young, 7553 E. Garvey. Mrs. Young stated that she was in favor of maintaining as much P-zoned property as possible for future parking use. Given an opportunity for rebuttal, Mr. Cao stated that the P-zoned property is not being used for parking now and should not affect future commercial development, and that it is bad for the neighborhood to have unimproved residential use on a P-zoned lot. The Chairman closed the public hearing. Discussion by the Commission: Commissioner Breen suggested that it might be better to change the zoning to R3. Mr. Lyons responded that it could be discussed with the applicant, but that the application to be acted upon is for a change to R2. (MO) It was moved by Commissioner Breen, seconded by Commissioner Lowrey, to. deny zone Change 93-192 & General Plan Amendment 93-3. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz 8. CONDITIONAL USE PERMIT 93-584 - 3119 San Gabriel Boulevard - Request from K. Mee Siang to establish a delicatessen offering beer and wine sales. Mr. Tarr presented the staff report with the recommendation to deny. The Chairman opened the public hearing. There was no one present wishing to address the Commission in favor of the application. Addressing the Commission in opposition of the request were: Leroy Young, 7533 E. Garvey. Mr. Young stated that the sale of alcohol promotes alcohol abuse. There being no one else wishing to address the Commission, the public hearing was closed. (MO) It was moved by commissioner Lowrey, seconded by Commissioner Ruiz, to deny Conditional Use Permit 93-584 based on saturation of the neighborhood with liquor licenses and that parking at the site was already substandard. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz 9. CONDITIONAL USE PERMIT 93-588 - 9614 Valley Boulevard - Request from Dung Nguyen to operate an appliance repair business in the Central Business District. Mr. Lyons presented the staff report with the recommendation to approve. E PC Minutes 5-3-93 page 4. Addressing the Commission in favor of the request was: Dung Nguyen, 2227 Maxson Road, E1 Monte, applicant. Mr. Nguyen stated that he understood the conditions of approval and that he accepted them. Carl Anderson, 9614 Valley Boulevard. Mr. Anderson stated that he owns and operates a machine shop next to the building Mr. Nguyen intends to rent; that Mr. Nguyen has been operating his business for approximately six weeks and has been an excellent tenant; and that no toxic chemicals are being used or disposed of. (MO) It was moved by commissioner Lowrey, seconded by Commissioner Breen, to approve Conditional Use Permit 93-588 for a period of one year, subject to conditions 1 through 6. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz OTHER BUSINESS 10. MODIFICATION OF CONDITIONAL USE PERMIT 93-583 - 9046 Guess Street - Request from Lap Nguyen to modify a condition regarding the front yard setback. Mr. Lyons presented the staff memorandum with the recommendation that the Planning Commission remove condition 16, "The front setback requirement for this dwelling shall be thirty five (35) feet." (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Breen to modify the conditions of Conditional Use Permit 93-583 as recommended. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz 11. EXTENSION OF CONDITIONAL USE PERMIT 91-544 - Request to continue the operation of a garment manufacturing business at 8515 Garvey Avenue, Unit B (H&C Fashion, continued from 4-5-93). Mr. Tarr presented the staff memorandum and recommended a one year extension. (MO) It was moved by Commissioner Ruiz, seconded by Commissioner Lowrey, to approve a one-year extension of Conditional Use Permit 91-544 subject to conditions 1 through 10. Commissioner Ortiz expressed concern about the number of employees present when he visited the site. There were 16 employees. Condition #4 states that the maximum number of persons allowed at any time is eight (8). Also, he noted that the landscaped area was in need of maintenance. Commissioner Lowrey inquired if the applicant was present. She was not. Commissioner Ortiz felt that the extension should not be approved for safety reasons. Commissioner Ruiz suggested reducing the extension period to six month, with further extension contingent upon compliance with all conditions. Based on the concern expressed by Commissioner Ortiz, Commissioners Ruiz and Lowrey withdrew the motion in favor of continuance. The item was continued to the regular meeting of June 7, 1993. PC Minutes 5-3-93 page 5. 12. EXTENSION OF CONDITIONAL USE PERMIT 88-438 - Request to continue the on-site sale of alcoholic beverages at 888 Montebello Boulevard (Rosemead Sheraton Hotel). Mr. Tarr presented the staff memorandum and recommended a three- year extension. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Ruiz, to extend Conditional Use Permit 88-438 for a period of three (3) years, subject to conditions 1 through 5. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz. 13. EXTENSION OF CONDITIONAL USE PERMIT 91-538 - Request to continue the operation of a garment manufacturing business at_8925 Garvey (Van's Sewing). Mr. Lyons presented the staff memorandum with the recommendation to extend Conditional Use Permit.91-538 for a period of one (1) year. (MO) It was moved by Commissioner Breen, seconded by Commissioner Ortiz, to approve a one-year extension of Conditional Use Permit 91-538, subject to conditions 1 through 9. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz 14. PC RESOLUTION 93-22 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DENYING ZONE VARIANCE 93-253 TO CONSTRUCT AND OPERATE A SPRAY PAINT BOOTH CLOSER THAN THE MINIMUM DISTANCE OF 200 FEET FROM ADJACENT RESIDENTIAL USE FOR PROPERTY LOCATED AT 9117 E. GARVEY AVENUE. 15. PC RESOLUTION 93-23 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF TENTATIVE PARCEL MAP 23737 TO SUBDIVIDE AN EXISTING LOT INTO TWO (2) PARCELS TO FACILITATE SINGLE-FAMILY HOME DEVELOPMENT FOR PROPERTY LOCATED AT 4242 ARICA AVENUE. 16. PC RESOLUTION 93-24 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE PERMIT 93-585 TO ALLOW TRANSFER OF AN EXISTING ABC LICENSE FOR THE ON-SITE SALE OF BEER IN CONJUNCTION WITH AN EXISTING RESTAURANT/TAVERN DBA BEER CELLARS (CRITTERS) LOCATED AT 9322 E. VALLEY BOULEVARD. 17. PC RESOLUTION 93-25 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE PERMIT 93-587 ALLOWING THE TRANSFER OF AN EXISTING CONDITIONAL USE PERMIT TO OPERATE A SEWING FACTORY LOCATED AT 9010 E. GARVEY, UNITS A & B. Mr. Price presented the resolutions by title only. (MO) It was moved by commissioner Ortiz, seconded by Commissioner Lowrey, to waive further reading and approve. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz 18. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter A. Leona Pennington, 3030 Prospect, stated that she owns three rentals on her property zoned P, and inquired about the possibilities of making improvements to the rental units. Ms. Pennington expressed concern about a suspected unpermitted use on a neighboring property. Mr. Lyons responded that P zone improvements are generally restricted to future commercial use. PC Minutes 5-3-93 page 6. 19. MATTERS FROM CITY OFFICIALS AND STAFF A. Mr. Tarr reported that there is a section in the Municipal Code that allows people with P-zoned property which is improved with a dwelling to add on to it. No new units can be built, but improvements may be made based on R-2 standards. B. Mr. Tarr reported that the Draft Air Quality Element has been released to the Commission, and that in as soon as six weeks it may be brought to the Commission for a hearing. C. Mr. Lyons reported on the April 29, 1993 Open House for the proposed Angelus Avenue Senior Center. The project will be on the Planning Commission agenda of May 17, 1993. 20. There being no further business to come before the Commission, the meeting was adjourned at 8:45 p.m. The next meeting will take place on May 17, 1993.