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PC - Minutes 12-19-94I ~1 0 4 CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING December 19, 1994 MINUTES 1. CALL TO ORDER - The regular meeting of the Planning Commission of the City of Rosemead was called to order by Chairman Lowrey 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 Ortiz. The Invocation was delivered by 2. ROLL CALL - Present: Ex Officio: Commissioner Ruiz. Loi, Ruiz, Lowrey, Breen, Ortiz Wagner, Price, Lyons, Troyer, Holm, Pickett 3. APPROVAL OF MINUTES - Regular meeting December 5, 1994. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Ruiz, to approve the minutes of the regular meeting of December 5, 1994, with a correction on page 3, paragraph 3, which should read "Disallowing this conditional use permit would not change the situation, but will create a hardship on the part of the applicant". Vote resulted: YES: Loi, Ruiz, Lowrey, Breen, Ortiz NO: None 4. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS - City Attorney Stanton 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 Commission Secretary administered the oath to members of the audience wishing to speak. PUBLIC HEARINGS 6. CONDITIONAL USE PERMIT Request from Alex Pan to and wine in conjunctio located at 8450 E. Valley Mr. Troyer presented the approve. 94-625 - 8450 E. Valley Boulevard - allow for the on-sale (Type 41) of beer i with a restaurant, dba Bon Bon Sushi, Boulevard, #103. staff report with the recommendation to It was ascertained that the applicant was in the audience. The Chairman opened the public hearing. Addressing the Commission in favor of the proposal was: Zhong Ping Pan, 505 N. Lincoln Avenue, Monterey Park. Mr. Pan, the applicant and one of the partners of the business, stated that the beer and wine license is important for their restaurant because Japanese restaurants normally serve saki with food. He also stated that their business have completely complied with ABC's requirements for beer and wine. He felt no problems would result from the sale of beer and wine with meals as the surrounding area is quite a distance from the place of business and therefore was optimistic for an approval from the Commission. PC Minutes 12-19-94 page 2. Commissioner Ortiz inquired from the applicant if it was the ginger that cleanses the palate and not the beer or saki and if it was just plain customary to have the ginger with the sushi. Mr. Pan replied that the ginger is basically a cleansing process whereby there will be a segration of different tastes to be able to taste the original flavor of the food. He explained that the degree of alcohol content of saki is even lower than the wine. Commissioner Ruiz questioned staff regarding condition #11 that refers to "shall be closed to the public", which he felt could have different interpretations of either being closed to the public and be opened to private parties. Mr. Lyons responded that closure to the public would also include private parties. Mr. Price suggested that the following condition be added "closed to the public and private parties". Commissioner Ortiz was concerned with the parking control at the center. As per his observation, the center should have assigned parking. Mr. Troyer responded that staff felt that with the size of this restaurant, it will not contribute substantially to the parking problem at the area currently. Mr. Lyons also stated that staff would support assigned parking if the owner of the property would finance and manage it. Mr. Price interjected that since City parking requirement is met, there is actually no violation of any City laws. And secondly, in order for the property owner to have assigned parking, the tenants would be charged for the parking area which would be an expensive obligation. Mr. Lyons reminded the Commission that since the 888 Seafood Restaurant's beer and wine license would soon be up for an extension, staff could require them to provide valet parking for all banquets on their side of their building. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Ortiz brought to staff's attention units #107 & #108 in the center where merchandise block the walkway that needs to be cleared for the safety of the pedestrians. Mr. Lyons responded that the code enforcement officer would be instructed to go and remind them not to use the sidewalks for sales. (MO) It was moved by Commissioner Ruiz, seconded by Commisisoner Ortiz, to approve Conditional Use Permit 94-625 for a period of one (1) year. Vote resulted: Yes: Loi, Ruiz, Lowrey, Breen, Ortiz No: None 7. CONDITIONAL USE PERMIT 94-627 - 8609 E. Garvey Avenue - Request from Circle K Corporation to transfer an existing off-sale (Type 20) beer and wine license in conjunction with an existing convenience market/gas station, dba Circle K #5221, located at 8609 E. Garvey Avenue. PC Minutes 12-19-94 page 3. Mr. Holm presented the staff report with the recommendation to approve. Mr. Holm noted that staff received a phone call in opposition to selling alcohol 24 hours. He clarified that this business would be required to follow state laws regulating the hours of operation between 2 a.m. and 6 a.m. The Chairman opened the public hearing. Addressing the Commission in favor of the request was: Erbano Falto, District Manager for Cicle K for Los Angeles and San Fernando Valley, stated that Cirlcle K's policies for complying with all laws and their desire to sell beer and wine. Commissioner Loi had several concerns in relation to inadequate lighting in the rear of the building and at the alley; violation with regards to condition #8 on the trash containers not being in the appropriate place; and also about the fire safety at the storage area and excessive signage on the windows of the store. Mr. Falto rebutted that he found and agreed that there were some boxes blocking the exit door, but that will be addressed and removed. As for the trash enclosure at the back of the store and the excessive signage, that will also taken cared of. Commissioner Loi suggested addition of the standard condition: "Adequate lighting shall be provided in the parking area. Motion-activated lights shall be installed where deemed appropriate by the Director of Planning. All exterior lighting shall be directed away from the adjacent properties." Mr. Falto was in agreement. There being no objection to these conditions, they were added to the existing conditions. Addressing the Commission in opposition to the project was: Derrick Hieng, 3406 Chariette Avenue, Rosemead. Mr. Hieng stated that his opposition was based on the fact that there is already one liquor store across the street. And because the school is so close to the proposed store, elementary school children will be at the area who will be greatly influenced by it. He felt that the use of alcohol will create more people hanging around the premises and these were his reasons for opposing this proposal. In rebuttal, Mr. Falto reiterated that the store had always paid strict adherence to the ABC guidelines. He explained that before hiring any employees, all of them had to undergo and pass a test regarding the process to purchase beer and wine or liquor. Commissioner Ortiz commented that he had been at the store and had observed that the carding policy for identifying people under thirty years old or younger was never done at this particular store. Commissioner Ortiz also stated that he observed people loitering in the parking lot. Mr. Falto responded that he also will insure that the store policy "NO loiters inside or outside the store" will be observed, and that the police dept. will be contacted for safety purposes. Commissioner Lowrey brought to the Commission's attention that the condition restricting delivery hours of the gasoline from 10 p.m. to 6 a.m. Commissioner Lowrey stated that he was not in favor of granting approval to the project as he felt that gasoline. and liquor should not be dispensed at the same location. PC Minutes 12-19-94 page 4. Mr. Falto responded that gasoline had always been the main volume of Circle K's operation and therefore not granting the approval would be very costly on their part. Mr. Lyons commented that a separate conditional use permit exists for the gas station. The applicant has to adhere to those thirteen (13) conditions, which were later amended relative to the hours of operation and fuel delivery. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Ortiz concurred with Commissioner Loi's concerns with regards to the trash container at the back; that there should be adequate lighting at the side and in the rear; and that the electrical panels and emergency doors need to be cleared; however, he felt adament against mixing gasoline and the liquor store. He, therefore, cannot vote for approval of the project. (MO) It was moved by commissioner Breen, seconded by Commissioner Ruiz, to approve Conditional Use Permit 94-267 for a period of one (1) year, subject to original and amended conditions of approval. Vote resulted: Yes: Loi, Ruiz, Breen No: Lowrey, Ortiz Chairman Lowrey and Commissioner Ortiz' "NO" vote was based on their objection to selling of gasoline and liquor at the same location. OTHER BUSINESS 8. EXTENSION OF CONDITIONAL USE PERMIT 86-355 - Request to continue the on-sale of beer and wine (Type 20) for an existing market, located at 2245 San Gabriel Boulevard, dba El Novillo Market. Mr. Troyer presented the staff memorandum and recommended a three (3) years extension. It was ascertained that the applicant was in the audience. Discussion by the Commission: Commissioner Ortiz had several concerns in relation to the storage area; the electrical panels having no cover; and the blockage of the exits. Pompeyo Vasquez, 15288 Adams Wright, Baldwin Park. Commissioner Ortiz brought to the applicant's attention by translating in Spanish for his better understanding of the problems. Mr. Lyons assured the Commission that staff will go to the site and addressed these issues. Discussion by the Commission: (MO) It was moved by Commissioner Ruiz, seconded by Commissioner Ortiz, to extend Conditional Use Permit 86-355 for a period of three (3) years, subject to conditions of approval. 9. EXTENSION OF CONDITIONAL USE PERMIT 93-602 - Request to continue the on-sale of alcohol (Type 21) for an existing market, located at 8205 E. Hellman Avenue, dba Double 8 Liquor. PC Minutes 12-19-94 page 5. Mr. Troyer presented the staff memorandum and recommended a two (2) years extension, subject to the conditions of approval. It was ascertained that the applicant was in the audience. Discussion by the Commission: Commissioner Ortiz had some concern with the electrical panels that need to be taken cared of. Since the last time this extension was before the Commission, there was quite an improvement on the storage areas and he hopes that the applicant continue the maintenance and cleanliness at the back. (MO) It was moved by Commissioner Ortiz, seconded by Commissin Breen to extend Conditional Use Permit 93-602 for a period of two (2) years, subject to conditions 1 through 10. Vote resulted: Yes: Loi, Ruiz, Lowrey, Breen, Ortiz No: None 10. PC RESOLUTION 94-30 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF CONDITIONAL USE PERMIT 94-623 TO ALLOW ON-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH AN EXISTING RESTAURANT, DBA FULL KEE BBQ SEAFOOD RESTAURANT, LOCATED AT 8150 E. GARVEY AVENUE, #101. 11. PC RESOLUTION 94-33 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF CONDITIONAL USE PERMIT 94-622 ALLOWING THE OPERATION OF A SEWING FACTORY, DBA TAI PAN FASHION, LOCATED AT 8927 E. GARVEY AVENUE. 12. PC RESOLUTION 94-34 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF CONDITIONAL USE PERMIT 94-630 FOR THE OFF-SALE OF BEER AND WINE FOR AN EXISTING MARKET, DBA DEL PUEBLO MARKET, LOCATED AT 9712-9716 E. VALLEY BOULEVARD, ROSEMEAD. 13. PC RESOLUTION 94-35 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF CONDITIONAL USE PERMIT 94-626 ALLOWING THE TRANSFER OF AN EXISTING OFF-SALE GENERAL FOR AN EXISTING MARKET, DBA LA ESPERANZA MEAT MARKET, LOCATED AT 3357 N. SAN GABRIEL BOULEVARD, ROSEMEAD. Mr. Price presented the resolutions by title only. (MO) It was moved by commissioner Breen, seconded by Commissioner Ortiz, to waive further reading and adopt. Vote resulted: Yes: Loi, Ruiz, Lowrey, Breen, Ortiz No: None 14. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter 15. MATTERS FROM CITY OFFICIALS AND STAFF A. Mr. Lyons notified the Commission that there will be a new format for staff reports, designed for easier reading. Staff is open for any suggestions or recommendations. B. Commissioner Loi suggested that the staff reports include the reasons for the decisions on appeals to City Council. 'D. Commissioner Ortiz had some concern about large vehicles, truck and trailers consistently being parked overnight on San Gabriel, Garvey and Muscatel. He wanted to know if the 2-hour parking for big rigs is still enforced. t 0 PC Minutes 12-19-94 page 6. E. Commissioners and It had been a good, together as a team. 16. ADJOURNMENT • staff all wished everyone happy holidays. enjoyable and successful year of working There being no other business to come before the Commission, the meeting was adjourned at 8:07 p.m. The next meeting will take place on January 3, 1995, at 7:00 p.m.