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PC - Minutes 4-5-93• 0 CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING APRIL 5, 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 Commissioner Ruiz. The Invocation was delivered by commissioner Ortiz. 2. ROLL CALL - Present: Lowrey, Ruiz, Young, Breen, Ortiz Ex Officio: Wagner, Price, Lyons, Tarr, Troyer, Pitzer 3. APPROVAL OF MINUTES - Regular Meeting of March 15, 1993. (MO) It was moved by commissioner Ortiz, seconded by Commissioner Ruiz, to approve the minutes of the regular meeting of March 15, 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 VARIANCE 93-252 - 4718 Halkett - Request from D. Matthew Wickham who proposes to build a room addition while maintaining a one-car garage. Mr. Troyer presented the staff report with the recommendation to approve. The Chairman opened the public hearing. Addressing the Commission in favor of the request was: D. Matthew Wickham, 4718 Halkett, applicant and owner of the property. Mr. Wickham requested that his application be approved. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Lowrey stated that he was in favor of approving the request. (MO) It was moved by commissioner Lowrey, seconded by Commissioner Ortiz to approve Zone Variance 93-252. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz • • PC Minutes 4-5-93 page 2. 7. ZONE VARIANCE 93-253 - 9117 E. Garvey Avenue - Request from David Shewmake and Eugene Kreslake to construct and operate a spray paint booth closer than the minimum distance of 200 feet from adjacent residential use. Mr. Tarr presented the staff report with the recommendation to approve, subject to the conditions listed in Exhibit A and the addition of the following condition: "Preparatory work prior to the spray painting of automobiles shall be done within the booth." The Chairman opened the public hearing. Addressing the Commission in favor of the request was: David Shewmake, 130 E. Walnut Street, Monrovia, one of the owners of the property. Mr. Shewmake stated that the property has been vacant for approximately eleven months; that the owners invested heavily in refurbishing the building and the parking lot; that a prospective tenant who is in the business of automobile painting is ready to move in and invest in a new spray booth. Addressing the Commission in opposition of the request were: Steve Jong, 1030 Brightwood Street, Monterey Park, speaking on behalf of his parents and other people living near the property under discussion. Mr. Jong's opposition was based on the following concerns: the health and safety of the people living in the area, the image of the city, the possibility of accidents, and the over-concentration of automotive-related businesses in the area. James and Hilda Oshita, 3109 Heglis Avenue. Mr. & Mrs. Oshita's opposition to the project was based on their past experience with tenants at the site who created excessive noise, the odor and vapors caused by the use of solvents, and a recently installed bright light which shines into their back yard. Gene Jong, 1030 Brightwood Street, Monterey Park, owner of property located at 3034 and 3036 Sullivan. Mr. Jong stated that he is concerned with the safety of the many children who play in back yards where dirty water has been dumped through a pipe installed by the tenants of the commercial property. Given an opportunity for rebuttal, Mr. Shewmake stated that the tenant the opponents referred to was no longer there; that the new bright light will be adjusted so that it will no longer disturb the neighbors; that the proposed spray booth will be at least 170 feet away from an adjacent vacant residential lot; that after his investment in the building, he will see to it that the tenants will not abuse the building or the parking lot; that the preparation work will be done inside the booth; that the back portion of the building, which is 40 feet from the property line, will be used for storage of maintenance materials by the owners; and that the occupant will only work from 8 am till 6 pm, six days a week and not on Sunday. Mr. Shewmake encouraged the neighbors to contact him any time they are dissatisfied with an existing situation. Mr. Kreslake, co-owner of the property, stated that the conditions are acceptable and that he hoped to be able to live in harmony with the neighbors after investing in upgrading the property. The public hearing was closed. • • PC Minutes 4-5-93 page 3. Discussion by the Commission: Commissioner Breen was in favor of the project based on the proposed conditions of approval and the statements made by the property owners. (MO) It was moved by Commissioner Breen to approve Zone Variance 93-253. Commissioner Ortiz stated that he had concerns, such as the welfare and integrity of the systems, the lack of proof that the operation would be in conformance with Proposition 65 and AQMD regulations, the welfare and health of the community, the close proximity to a food processing plant, and that he could not make a decision at this time. Commissioner Ruiz stated that he concurred with the statements made by Commissioner Ortiz; that the applicant's statement that starting in June, 1993, only water-based paint would be allowed by the AQMD was not backed up by any proof, and requested that the item be continued. In view of the opinions expressed by Commissioners Ortiz and Ruiz, Commissioner Breen withdrew his motion in favor of continuance to a later date. Prior to continuing the item, Chairman Young expressed his opinion that besides being sensitive to the community, the Commission also needs to be sensitive to business needs, especially if the proposed operation is going to meet strict state and federal regulations. Commissioner Ortiz stated that the zoning of the vacant lot closest to the proposed spray paint operation is residential and that there are residences within the required 200' radius as well. City Attorney Stanton Price commented that the applicant stated that the tenants would operate their business no more than six days a week, but that condition ill allows five days a week only. The item was continued to the regular meeting of April 19, 1993. 8. CONDITIONAL' USE PERMIT 93-582 - 9151 E. Valley Boulevard - Request from Gene Feng to continue operation of a karaoke (KTV) studio dba KISS KTV. Mr. Lyons presented the staff report with the recommendation to approve. The Chairman opened the public hearing. Addressing the Commission in favor of the project was: Gene Feng, 9151 Valley Boulevard, Rosemead. Mr. Feng stated that KISS KTV has been in operation for two years at the present location; that there have been no problems during that period; that the club is run on the basis of membership; that extensive computer records are kept on the members; that the place is looking much better than under the previous ownership; and that everyone was welcome to visit the studio. Commissioner Lowrey inquired if the studio was part of a chain operation. C 0 PC Minutes 4-5-93 page 4. Mr. Feng stated that the business is connected with other KTV operations and that the majority of the patrons come from the San Gabriel Valley. Addressing the Commission in opposition to the project were: Robert Angles, 9147 Valley Boulevard, Rosemead. Mr. Angles opposed the issuance of a conditional use permit based on the location of the studio, the discharge of firearms in the area on September 27, 1992, and excessive noise in the parking lot during early morning hours. Commissioner Ruiz asked Mr. Angles how the present situation compared to the times when there was a bar in the same location. Mr. Angles responded that the disturbance is more intense now. Commissioner Ruiz asked if Mr. Angles had been inside the studio and if so, if he could describe the environment that would be detrimental to the neighborhood. Mr. Angles responded that the inside is decorated in good taste, but that the requirement of clear windows in the rooms was not adhered to and that the windows consisted of opaque or stained glass. Chairman Young stated that Mr. Angles is residing in a commercial zone, which is the proper zone for a KTV studio. Commissioner Ortiz asked Mr. Angles if there was a police report about the shooting in September 1992. Mr. Angles stated that he had not reported the shooting to the police. Jay Imperial, 9039 Newby Street. Mr. Imperial stated that he has been opposed to the business since it has been there. Mr. Imperial inquired if staff had inspected the site recently. Mr. Lyons responded that he visited the site this day, went through the entire premises, and noted that the requirements as to visibility into each KTV room were adhered to. Mr. Imperial inquired about the legality of the business as a private club. Mr. Price responded that private clubs are covered by conditional use permits and that no special permits are required. Discussion ensued on the difference between a private club and a place that requires an admission fee. It was pointed out by Mr. Price that the Karaoke ordinance does not prohibit private clubs, but that businesses operating in the State of California cannot refuse to let people in who pay the membership dues, based on the Civil Rights Act. Given an opportunity for rebuttal, Mr. Feng stated that no alcohol was being served; that the noise at the parking lot was only moderate and to be expected; that the shooting had no connection to the club; that the club is private, but open to the public; that the members qualify for discounts; that the membership fee is $35.00 a year and that a one-time visit requires a $10 admittance fee plus food and drink. Commissioner Ruiz inquired if Mr. Feng managed the business. Mr. Feng replied that it is a family business and that he would be aware of what happens during business hours. The Chairman closed the public hearing. Discussion by the Commission: PJ PC Minutes 4-5-93 page 5. 0 Commissioner Breen inquired if Code Enforcement could be used to inspect the business after 9 pm. Mr. Wagner informed Commissioner Breen of the City's policies on monitoring all establishments with entertainment permits. Prior to voting, Commissioner Lowrey inquired about the time period for the approval, and suggested one year, with the addition of a condition that the property,be maintained clear of weeds. Mr. Lyons explained that businesses with entertainment permits usually don't have a time frame on their conditional use permit. Commissioner Lowrey felt that the present use was an improvement over the previous use. Commissioner Ortiz stated his approval of the project. (MO) It was moved by Commissioner Breen, seconded by Commissioner Ruiz, to approve Conditional Use Permit 93-582 with the conditions as added. Vote resulted: Yes: Lowrey, Ruiz, Young,,Breen, Ortiz 9. CONDITIONAL USE PERMIT 93-583 - 9046 Guess Street - Request from Lap Nguyen to construct a single-family dwelling larger than 2,500 square feet. Mr. Tarr presented the staff report with the recommendation to approve. Commissioner Ortiz requested clarification on the front setback and how it relates to the front setbacks of the homes to the east and the west which, by his measurements, have 39 and 36 feet respectively. Mr. Lyons responded that the requirement for homes over 2500 sq. ft. is a 35-foot rear setback and a 25-foot front setback. The Chairman opened the public hearing. Addressing the Commission in favor of the'project was: Lap Nguyen, 1139 Glenview Road, West Covina, representing the owner of the property, Mr. Tin Hsin Ko. Mr. Nguyen stated that the house is designed to accommodate the owner's large-size family, and that the conditions of approval are acceptable. There being no one else wishing to addresss the Commission, the chairman closed the public hearing. Discussion by the Commission: Commissioner Breen stated that he had no problem with the project as long as it did not violate any of the ordinances. Commissioner Ortiz felt that it was a beautiful project, but wished to add condition #17 that the average setback reflect Code Sections 9103.6c & d. Mr. Lyons clarified that since this was a conditional use permit, a 35 foot front setback could be conditioned. The Chairman polled the Commission. The Commission was unanimously in favor of adding a condition requiring a 35-foot front setback. • 0 PC Minutes 4-5-93 page 6. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Ruiz, to approve Conditional Use Permit 93-586 subject to the original and added conditions. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz 10. CONDITIONAL USE PERMIT 93-586 - 8811 E. Garvey Avenue, #201 & 202 - Request from Andy Wang to establish a fashion school. Mr. Troyer presented the staff report with the recommendation to approve. The Chairman opened the public hearing. Addressing the Commission in favor of the project was: Andy Wang, 2430 Albert Way, Arcadia. Mr. Wang stated that this school has been operating in Rosemead for one year; that the previous conditional use permit allowed for a total number of five students; that the new location offers 1,500 square feet and 43 parking spaces; and asked that this location permit a student load of ten students which would make his business more profitable. In response to a question from Commissioner Ruiz, Mr. Wang stated that the original school was located at 8385 E. Garvey, Suite D, and that the hours of operation are from 9:30 am to 12:30 pm and 1:30 pm to 4:30 pm, Monday through Saturday and that these hours will not be changed at the new location. There being no one else wishing to address the Commission, the public hearing was closed. (MO) Without further discussion it was moved by Commissioner Breen, seconded by Commissioner Ruiz, to approve Conditional Use Permit 93-586. Vote Resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz OTHER BUSINESS 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 3-1-93). Mr. Tarr presented the staff item be postponed to the allow the Building Department The Chairman so ordered. 12. EXTENSION OF CONDITIONAL USE the sale of alcoholic bev, (Vito' Liquor; continued from memorandum and recommended that the meeting of May 3, 1993, in order to time to process the case. PERMIT 92-558 - Request to continue arages at 2125 San Gabriel Boulevard 3-15-93). Mr. Troyer presented the staff memorandum and recommended a two (2) year extension. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Lowrey, to extend Conditional Use Permit 92-558 for a period of two (2) years, subject to conditions 1 through 17. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz PC Minutes 4-5-93 page 7. 13. EXTENSION OF CONDITIONAL USE PERMIT 89-460 - Request to continue the sale of beer and wine at 7540 Garvey Avenue (Seafood City Restaurant) (continued from 3-15-93). Mr. Lyons presented the staff memorandum and recommended a two (2) year extension. Commissioner Ortiz expressed concern about access to the adjacent lot at 2739 Jackson and inquired if it would be removed. Mr. Lyons responded that the gate will stay and that the property on Jackson is zoned P (Parking). Commissioner Ortiz stated that he had received complaints from residents about deliveries in the early morning hours. Kimmy Leung, one of the owners of the restaurant, responded that the earliest time for deliveries is 11:00 am.' (MO) It was moved by Commissioner Ruiz, seconded by commissioner Ortiz to extend Conditional Use Permit 89-460 for a period of two (2) years, subject to conditions 1 through 14. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz 14. EXTENSION OF CONDITIONAL USE PERMIT 78-126 - Request to continue the on-site sale of beer and wine at 2750 San Gabriel Boulevard (Rainbow Cafe). Mr. Tarr presented the staff memorandum and recommended a three (3) year extension. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Breen, to extend Conditional Use Permit 78-126 for a period of three (3) years, subject to conditions 1 through 9. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz Commissioner Ortiz expressed concern about loitering and drinking behind the trash bin and requested to have the area patrolled. 15. PC RESOLUTION 93-15 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DENYING CONDITIONAL USE PERMIT 93-581 FOR THE SALE OF BEER AND WINE AT THE FULL-KEY BBQ SEAFOOD RESTAURANT LOCATED AT 8150 E. GARVEY AVENUE, SUITE 101. . 16. PC RESOLUTION 93-16 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE PERMIT 93-579 FOR THE TRANSFER OF A BEER AND WINE LICENSE AT TONIA'S MARKET LOCATED AT 8810-12 E. GARVEY AVENUE. 17. PC RESOLUTION 93-17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL APPROVAL OF TENTATIVE PARCEL MAP 23701 TO SUBDIVIDE AN EXISTING LOT INTO TWO (2) PARCELS TO FACILITATE SINGLE-FAMILY DWELLING CONSTRUCTION FOR PROPERTY LOCATED AT 3050 SULLIVAN AVENUE. Mr. Price presented the resolutions by title only. (MO) It was moved by commissioner Lowrey, seconded by Commissioner Ortiz, to waive further reading and adopt. Vote resulted: Yes: Lowrey, Ruiz, Young, Breen, Ortiz PC Minutes 4-5-93 page 8. 18. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter - None 19. MATTERS FROM CITY OFFICIALS AND STAFF Commissioner Breen inquired if the property behind the old Ole's on Valley Boulevard had Fire Department access. Mr. Lyons responded that it is a private street, and that access and other concerns expressed by the commission are still under investigation. 20. There being no further business to come before the Commission, the meeting was adjourned at 9:30 p.m. The next meeting will take place on April 19, 1993. i