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PC - Minutes 12-5-94• • CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING December 5, 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 Breen. The Invocation was delivered by Commissioner Ruiz. 2. ROLL CALL - Present: Loi, Ruiz, Lowrey, Breen, Ortiz Ex Officio: Stewart, Price, Lyons, Troyer, Pickett 3. APPROVAL OF MINUTES - Regular meeting November 21, 1994. (MO)' It was moved by Commissioner Ruiz, seconded by Commissioner Breen, to approve the minutes of the regular meeting of November 21, 1994, with a correction on page 2, paragraph 2, which should read "Another concern of Commissioner Ruiz was the wash basin on the wall with an electrical panel," instead of Commissioner Ortiz. 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 94-622 - 8927 E. Garvey Avenue - Request from Wan Yuen Tan to establish a sewing factory, dba Tai Pan Fashion (cont'd. from 11-21-94). Mr. Troyer gave the staff report with the recommendation to approve. The Chairman opened the public hearing. It was ascertained that the applicant was in the audience. There being no one wishing to address the Commission, the public hearing was closed. Discussion by the Commission: (MO) Since the applicant was agreeable to condition #10 regarding the total number of employees, it was moved by Commissioner Ruiz, seconded by Commissioner Breen, to approve Conditional Use Permit 94-622, subject to the conditions of approval. Vote resulted: YES: Loi, Ruiz, Lowrey, Breen, Ortiz NO: None , • • PC Minutes 12-5-94 page 2. 7. CONDITIONAL USE PERMIT 94-630 - 9712-9716 E. Valley Boulevard - Request from Hilario A. Navarro for an ABC license for the on-site sale of beer and wine for an existing market, dba Del Pueblo Market. Mr. Lyons gave the staff report with the recommendation to approve. Commissioner Ruiz inquired if there was any documentation that would verify the applicant would get approval for the ABC license. Mr. Troyer replied that it was a verbal assurance from ABC. It was also ascertained that the applicant was in the audience to answer any concern of the Commission. The Chairman opened the public hearing. Addressing the Commission in favor of the request was: Hilario Navarro, 2535 Altura Avenue, Montrose. With respect to the signage on the windows, due to a tight budget, he found this to be one of the cheapest ways of advertising. But since it is City's regulation to have only 15% allowable signage on the windows, he immediately took care of the problem. However, he observed that there are a number of businesses on Valley Boulevard that have at least 60% or more advertising signs on their windows. In response, Mr. Lyons stated that excessive signage is an ongoing problem for the City. The applicant understands this regulation and needs to adhere to it. Staff together with the code enforcement officer's assistance monitor this type of problem. Addressing the Commission in opposition of the project was: George Merillat, 7614 Lorica, Rosemead. Mr. Merillat presented to the Commission signed petitions from the neighbors who are in opposition to this request. Their opposition was based on the fact that there are currently two stores that are already selling liquor and they felt that they don't need another one. His other complaint was that the rear of the property is being used as a dump and contains trash, debris and bulky items that had been there for years. Mr. Merillat continued that at this time, the store does not have a liquor license since the license had been suspended. Mr. Lyons clarified this situation. He stated that the conditional use permit of the previous owner was recently extended. It is actually a transfer of the right to obtain an ABC license. Commissioner Loi wanted to know the reason for the revocation of the liquor license from ABC. Mr. Lyons responded that ABC had revoked the liquor license, but the old owner, Mr Navarro had applied for another one and was told by ABC to expedite this application. Because of the default of the previous owner on his loan, Mr. Navarro resumed ownership of the market. Commissioner Ortiz inquired if the area is over saturated with this.type of business. PC Minutes 12-5-94 page 3. Mr. Lyons responded that he had requested from the state a complete listing of current beer and wine licenses for both on-site and off-site in Rosemead. Staff felt that the main concern was the trash in the rear of the market. Given an opportunity for rebuttal, Mr. Navarro stated that the reason for the revocation of the license was confidential and ABC will not reveal the reason. It has nothing to do with the store nor to its management, but it had something to do with one of the partners of the store. And as far as the trash is concerned, he will try his best to clean and maintain the property. (MO) Commissioner Ruiz felt that business people try their best to comply with all rules and regulations set forth by the City but there are a lot of problems out there that need to be addressed. Allowing this conditional use permit will not change the situation but will create a hardship on the part of the applicant, and he moved to approve conditional use permit 94-630. Commissioner Ortiz seconded the motion but was concerned with the video machines in the store. Mr. Lyons responded that all video machines must have business licenses and staff will make sure these machines do not exceed a total number of three. Vote resulted: YES: Loi, Ruiz, Lowrey, Breen, Ortiz NO: None 8. CONDITIONAL USE PERMIT 94-626 - 3357 N. San Gabriel Boulevard - Request from Jesus Manuel Garcia for a transfer of an existing ABC license for the on-site sale of alcoholic beverages for an existing market, dba La Esperanza Meat Market. Mr. Troyer presented the staff report with the recommendation to approve. It was ascertained that the applicant was in the audience for any concern of the commission. The Chairman opened the public hearing. There being no one wishing public hearing was closed. to address the Commission, the Discussion by the Commission: Because of Commissioner Ortiz' concern with people drinking in the parking area, the public hearing was reopened and the applicant was asked to come forward to answer this concern. It was brought to the applicant's attention, commissioner Ortiz' concern. Mr. Garcia responded that he understood the problem. Commissioner Ruiz concurred with Commissiner Ortiz' concern and suggested to add a condition regulating this issue. Mr. Lyons agreed to add the standard conditons as part of the conditions of approval. There being no one else wishing to address the Commission, the public hearing was closed. PC Minutes 12-5-94 page 4. (MO) It was moved by Commissioner Ortiz, seconded by Ruiz, to approve Conditional Use Permit 94-626 for one (1) year, subject to the original and added Vote resulted: YES: Loi, Ruiz, Lowrey, Breen, Ortiz NO: None OTHER BUSINESS Commissioner a period of conditions. 9. EXTENSION OF CONDITIONAL USE PERMIT 92-567 - Request to continue the sale of alcoholic beverages in conjunction with a bar located at 8208 Garvey Avenue, dba Melody Lounge (cont'd. from 10-3-94). Mr. Lyons presented the staff memorandum and recommended a one (1) year extension. It was ascertained that the applicant was in the audience to answer any questions the Commission might have. Commissioner Ortiz was still concerned with the drinking in the parking lot that needs to be addressed. (MO) It was moved by Commissioner Breen, seconded by Ortiz, to extend Conditional Use Permit 92-567 for a period of one (1) year, subject to conditions of approval. Voted resulted: YES: Loi, Ruiz, Lowrey, Breen, Ortiz NO: None 10. MODIFICATION OF CONDITIONAL USE PERMIT 75-104 - Request to modify condition #6 regarding the location of a temporary trailer for office space at 8235 Garvey Avenue, dba Wachtler Tax Service. Mr. Lyons presented the staff memorandum with the recommendation to approve. Discussion by the Commission: Commissioner Loi inquired about the location of the large container across the tax center; and that he was in favor of approving the request with the condition that the container be removed or relocated. Mr. Lyons replied that this is actually a storage container for Sav-On and this will be addressed by staff and the code enforcement officer by discussing the problem with the property owner. Chairman Lowrey commented that the applicant had been very cooperative and had complied with all City regulations in the past. He felt that an approval should be granted. (MO) It was moved by commissioner Loi, seconded by Commissioner Ortiz, to approve Modification of Conditional Use Permit 75-104. Vote resulted: YES: LOI, RUIZ, LOWREY, BREEN, ORTIZ NO: NONE 11. PC RESOLUTION 94-29 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF CONDITIONAL USE PERMIT 94-618 ALLOWING THE OPERATION OF A SEWING FACTORY, DBA HY LY FASHION, LOCATED AT 8815 GARVEY AVENUE. PC Minutes 12-5-94 page 5. 12. PC RESOLUTION 94-30 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE PERMIT 94-623 TO ALLOW THE--TRANSFER--GF--AN--EXISTING--ABe--£le£NS£-FeR THE 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. 13. PC RESOLUTION 94-31 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING DESIGN REVIEW 94-64 TO PROVIDE FOR A FAST FOOD EXPRESS RESTAURANT, DBA MCDONALD'S RESTAURANT, LOCATED AT 3506 ROSEMEAD BOULEVARD. 14. PC RESOLUTION 94-32 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE PERMIT 94-624 ALLOWING THE TRANSFER OF AN EXISTING LIQUOR LICENSE, DBA ROY'S LIQUOR, LOCATED AT 8412 E. GARVEY AVENUE. Mr. Lyons requested reading and adoption of PC Resolution 94-30 be postponed to the next Commission meeting due to some typographical errors and to grant approval to PC Resolutions 94-29, 94-31 and 94-32. There being no objection, Mr. Price presented the resolutions to PC Resolution 94-29, PC Resolution 94-31 and PC Resolution 94-32 by title only. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Ruiz, to waive further reading and adopt. Vote resulted: YES: LOI, RUIZ, LOWREY, BREEN, ORTIZ NO: NONE 15. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter - none 16. MATTERS FROM CITY OFFICIALS AND STAFF A. Mr. Lyons introduced Carl Holm to the Planning Commission and clarified that Carl took over James Troyer's old position, who got promoted to Associate Planner. Gary Chicots moved on to the City of Lynwood as Community Development Director. B. Commissioner Ortiz informed Commission of the demise of Gene Boyd. Because of Gene Boyd's dedication in serving the City, it was proper and fitting to adjourn and dedicate the meeting in his memory. Chairman Lowrey suggested that a copy of the minutes be sent to his wife. 17. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned in memory of Gene Boyd at 7:55 p.m. The next meeting will take place on December 19, 1994, at 7:00 L p.m. I