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PC - Minutes 10-3-940 CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSI REGULAR MEETING October 3, 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 chairman Lowrey. The Invocation was delivered by Commissioner Breen. 2. ROLL CALL - Present: Loi, Lowrey, Breen, Ortiz Absent (Excused): Ruiz Ex Officio: Stewart, Price, Lyons, Troyer, Pickett 3. APPROVAL OF MINUTES - Regular meeting of September 6, 1994. Deferred minutes for the meeting of September 19, 1994 to the October 17, 1994 Planning Commission meeting. Commissioner Breen had some corrections on the September 6th meeting which is on the bottom section of page 4 that showed Commissioner Breen had voted yes, when he actually voted no to deny Conditional Use Permit 94-617. Therefore, it should read "For this reason, he would vote not to deny." (MO) It was moved by Commissioner Loi, seconded by Commission Ortiz to approve the minutes of September 6, 1994. Vote resulted: Yes: Loi, Lowrey, Breen, Ortiz No: None Absent (Excused): Ruiz Abstain: 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 secretary administered the oath to members of the audience wishing to speak. PUBLIC HEARINGS 6. CONDITIONAL USE PERMIT 94-614 & PL San Gabriel Boulevard - Request construct and maintain an unmanned with a 60' monopole in the rear Planned Development Zone,. dba (cont'd. from 9-19-94). kNNED DEVELOPMENT 94-6 - 909 from Air Touch Cellular to cellular telephone facility parking area located on the Charlie Browns Restaurant Mr. Troyer presented the staff report with the recommendation to approve the Negative Declaration, Conditional Use Permit 94-614, and Planned Development 94-6, subject to the conditions outlined in Exhibit A. The Chairman opened the public hearing. Addressing the Commission in favor of the project was: John Bitterly, P. 0. Box 19707, Irvine, project representative • PC Minutes 10-3-94 page 2. for Air Touch Cellular, who summarized the history of the property noting that originally, the proposal was to put the unmanned cellular pole with the equipment enclosure; and with the assistance from staff and the property owner, they were able to relocate it. He requested the Commission to approve the project. However, he expressed concern with condition #7 which states "That the parking lot be resurfaced, striped, and appropriate bumper stops be installed, subject to the approval of the Director of Planning", he inquired whether the parking lot refers to the entire parking lot or only the area of construction. Mr. Lyons responded that this particular condition is to ensure the area impacted would be restriped and adequately resurfaced. Mr. Bitterly was enlightened with this explanation and was agreeable to all the conditions of approval and he would be happy to answer any questions. Commissioner Ortiz was concerned with the steep graded elevation of the equipment enclosure not the monopole. Mr. Bitterly stated that with the proposed improvement, this slope can be corrected by making it solid and sturdy by using concrete walls thus securing it from any intrusions. Mr. Lyons continued that both the monopole and the maintenance stations would need a plan check review, which the building department is aware of, in order to meet the uniform building code to prevent any negative impact with the surrounding properties. Juan Nunez, 2702 Del Mar Avenue, Rosemead, wanted to know if there would be any interference with the television signals in the area. Mr. Lyons responded that there had been some concern in the past; that the system has to adhere to the Federal and. State requirements; that the system went through a thorough review to ensure the communication waves did not interfere with local TV stations. There being no one else wishing to address the commission, the public hearing was closed. Discussion by the Commission: (MO) It was moved by Commissioner Breen, seconded by Commissioner Loi, to approve Conditional Use Permit 94-614 & Planned Development 94-6. Vote resulted: Yes: Loi, Lowrey, Breen, Ortiz No: None Absent (Excused): Ruiz Abstain: None 7. PARCEL MAP 22761 II & CONDITIONAL USE PERMIT 94-613 - 3044-3050 Earle Avenue - Request from Douglas Loong to construct a single family dwelling over 2,500 square feet and subdivide an existing lot into two (2) parcels located at 3044-3050 Earle Avenue. Mr. Lyons presented the staff report with the recommendation to approve, subject to conditions 1 through 15. Chairman Lowrey inquired if the gym room will be used for massage parlors or for commercial purposes. PC Minutes 10-3-94 page 3. Mr. Lyons replied that the gym can not be used legally for massage parlors or commercial purposes. It will only be for personal usage as the room is too small to be converted into a bedroom. The Chairman opened the public hearing. Addressing the Commission in favor of the request was: Alan Lee, 6460 Livia Avenue, Temple City, representing the owner Douglas Loong. Mr. Lee reiterated that the construction of the two-story house will not have a negative impact in the neighborhood but it would enhance it. He was there to request approval of the project. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Loi inquired if the residence was designed for the applicant's primary residence or would it be for sale. Mr. Lee responded that the residences will be used for the applicant's own dwelling. John Rauth, 4528 Bartlett, Rosemead, inquired if this particular property will be rezoned. Mr. Lyons responded that this project did not involve a rezoning; that this is a subdivision of an existing lot into two (2) lots and the total acreage of the property is 18,700 square feet. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: (MO) It was moved by Commissioner Ortiz, seconded by Commission Breen, to approve Parcel Map 22761 II & Conditional Use Permit 94-613. Vote resulted: Yes: Loi, Lowrey, Breen, Ortiz No: None Absent (Excused): Ruiz Abstain: None 8. CONDITIONAL USE PERMIT 94-618 - 8815 E. Garvey Avenue - Request from Hoi Loong Hy to.permit the operation of a sewing factory, dba Hy Ly Fashion. Mr. Troyer presented the staff memorandum with the recommendation to continue the item t6 November 21, 1994 to allow sufficient time for the applicant to remedy the extensive unsigthly conditions on the property. There being no objection, the Chairman continued the item to the regular meeting of November 21, 1994. OTHER BUSINESS 9. EXTENSION OF CONDITIONAL USE PERMIT 88-449 - Request to continue the sale of alcoholic beverages in conjunction with a bar located at 8921 Valley Boulevard dba Silver Mug (cont'd. from 9-19-94). Mr. Troyer presented the staff memorandum with the recommendation to approve the extension for two (2) years, subject to the conditions of approval outlined in Exhibit A. PC Minutes 10-3-94 page 4. Discussion by the Commission: It was ascertained that the Chairman Lowrey was in favor applicant had been very coopera (MO) There being no objection, it seconded by Commissioner Breen 88-449 for a period of three of approval. Vote resulted: applicant was in attendance. of a three year extension as the Live in the past with the City. was moved by Commissioner Ortiz, to extend Conditional Use Permit years, subject to the conditions Yes: Loi, Lowrey, Breen, Ortiz No: None Abstain: None Absent (Excused): Ruiz 10. 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. Mr. Troyer presented the staff memorandum with a one (1) year extension, subject to the conditions of approval. It was ascertained that the applicant was in the audience. Commissioner Ortiz had some concerns relative to the installation of a pneumatic door closing device in the rear which was brought to the attention of several representatives of the establishment in the past and was a condition of approval. Addressing the Commission in favor of the request was the applicant and owner, Manuel Ocampo. Mr. Ocampo stated that for a period of time there were extensive violations to the building code. And as per his understanding, he mentioned that Commissioner Ortiz had some problems with the landlord and owner of the property who intended to build a new parking lot in the rear as the whole place in the back was in disarray. Chairman Lowrey interrupted Mr. Ocampo for clarification to the problem Mr. Ocampo was insinuating, whether it was a problem with commissioner Ortiz, or it was the landlord's problem with the City. Mr. Ocampo responded that it was not exactly a problem but some disagreements. Chairman Lowrey again asked Mr. Ocampo to answer whether the problem was with Commissioner Ortiz or the City. Mr. Ocampo replied that it was with Commissioner Ortiz. At this time, Chairman Lowrey stopped the applicant and reminded him that he will not be permitted to make personal statements towards any of the Commissioners. Mr. Ocampo stated that in the process of building the new parking lot, the landlord came before the Commission and had difficulty understanding what Commissioner Ortiz' demands were. Chairman Lowrey stopped the applicant and instructed the Planning Director to handle the applicant's request. Mr. Lyons stated that the owner, Mr. Miguel Mardueno had invested quite a bit of money into the subject property over the last couple of years and had made some improvements to the property. And as far as Mr. Lyons could remember, he did not know of any disagreements. This extension of the conditional use permit on tonight's agenda was strictly for the Melody J PC Minutes 10-3-94 page 5. • Lounge and has nothing to do with the propertyowner. Therefore, the applicant should be held responsible for any violations with regards to business management and Commissioner Ortiz' concerns are valid and should be discussed and addressed. Commissioner Ortiz reiterated his main concern was the noise level and pneumatic door closure devise which are part of the conditions of approval. He continued that he was very pleased with the construction and the new parking lot. Commissioner Ortiz inquired from the applicant if he understood what a pneumatic door closure devise was. The applicant responded, yes he does, and he tried solving the problem by keeping the door closed with the installation of a spring on the door. Commissioner Ortiz replied that management of this facility failed to adhere to this condition of installing pneumatic door closure devise. Mr. Ocampo responded that he has installed a spring on the door but he is more than willing to follow, abide and comply on whatever is necessary. Mr. Lyons suggested to continue the item for sixty (60) days and staff will ensure enforcement and adherence to the conditions. Mr. Ocampo was agreeable that this condition would be enforced, and he was very apologetic towards Commissioner Ortiz; that he did not imply anything except there were some minor disagreements during the construction. However, the landlord followed and conformed with the building code and Commissioner Ortiz was satisfied with it and they were both satisfied. Chairman Lowrey explained to Mr. Ocampo that as long as he is the Chairman of the commission, he will not allow anybody to criticize any of the commissioners. Mr. Ocampo stated it was not his intent to criticize any of the Commissioners and if there was anything said that was not in the right context, he apologizes to the Commission especially to Commissioner Ortiz. Chairman Lowrey inquired if Mr. Ocampo was agreeable with the recommendation to continue the item to the December 5th regular Planning commission meeting. Mr. Ocampo responded that he was agreeable. Commissioner Breen wanted to know why this back door which provides ventilation needed to be closed. When the door is opened, it allows visibility on the back lot and deters problems on the parking lot. Chairman Lowrey and Mr. Price both agreed that this is a City ordinance to control sound, order and nuisance. It is an ordinance that keeps control of the noise. There being no objection the Chairman so ordered the item be continued to December 5th meeting. 11. EXTENSION OF CONDITIONAL USE PERMIT 83-286 - Request to continue the sale of on-site beer and wine at a restaurant located at 8821-8825 Valley Boulevard, dba Round Table Restaurant. Mr. Troyer presented the staff memorandum with the recommendation to grant another five-year extension, subject to the conditions listed in Exhibit A. PC Minutes 10-3-94 page 6. • It was ascertained that the applicant was in attendance. (MO) Without further discussion, it was moved by Commisisoner Breen, seconded by Commissioner Ortiz, to extend Conditional Use Permit 83-286 for a period of five (5) years, subject to conditions listed in Exhibit A. Vote resulted: Yes: Loi, Lowrey, Breen, Ortiz No: None Absent (Excused): Ruiz Abstain: None 11. PC RESOLUTION 94-21 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF CONDITIONAL USE PERMIT 94-620 TO ALLOW THE ON-SITE SALE OF BEER AND WINE IN CONJUNCTION WITH A RESTAURANT, DBA QUANJUDE BEIJING DUCK RESTAURANT, LOCATED AT 8450 GARVEY AVENUE, ROSEMEAD. Mr. Price presented the resolution by title only. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Breen, to waive further reading and adopt. Vote resulted: Yes: Loi, Lowrey, Breen, Ortiz No: None Absent (Excused): Ruiz Abstain: None 13. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter - None 14. MATTERS FROM CITY OFFICIALS AND STAFF A. 8450 E. Garvey Avenue - Commissioner Ortiz expressed concern with the on-going parking on the ramp and the trash problem which the applicant is not adhering to. Mr. Lyons responded that the Code Enforcement Officer had checked into commissioner Ortiz' concerns and requested the applicant to clean up and maintain the area by putting the trash in a plastic bag and into the trash enclosure; and to put a "No Parking" sign on the ramp. 15. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 7:52 p.m. The next meeting will take place on October 17, 1994, at 7:00 p.m. I