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PC - Minutes 10-02-950 0 CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING OCTOBER 2, 1995 MINUTES CALL TO ORDER - The regular meeting of the Planning Commission of the City of Rosemead was called to order by Chairman Ruiz at 7:00 p.m. in the Council Chambers of the Rosemead City Hall, 8838 E. Valley Boulevard. Pledge of Allegiance was led by Commissioner Breen. Invocation was delivered by Commissioner Lowrey. ROLL CALL - Present Commissioner Loi, Lowrey, Breen, Ortiz and Chairman Ruiz Ex Officio Wagner, Price, Lyons, & Saavedra 1. APPROVAL OF MINUTES - Regular meeting of September 18, 1995. (MO) It was moved by Commissioner Ortiz, seconded by commissioner . Breen to approve the minutes of September 18, 1995. 2. 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. 3. ADMINISTRATION OF OATH - The Commission Secretary administered the oath to members of the audience wishing to speak. 4. PUBLIC HEARINGS A. MODIFICATION 95-03 FOR CONDITIONAL USE PERMIT 92-573 - 7833 Emerson Place - Request from L.A. Buddhist Union to modify their development plans to remove existing trees'. Mr. Lyons gave the staff report with the recommendation to approve subject to the conditions of approval in Exhibit A. Commissioner Loi stated that the trees were far back on the property. Chairman Ruiz opened the public hearing. Godakalana Gunaratana, 7833 Emerson Place, Rosemead, stated that part of the conditions of approval was to build a 6 foot high fence around the property and that the trees were right in the way. Also stated that condition #11 required all utilities be underground and they would be located in the same area as the trees. Would be willing to reloate the trees if possible. • 0 PC Minutes 10-2-95 Page 2. • 0 Chairman Ruiz asked if there was anybody else wishing to speak on behalf or against this project. There being no response, the public hearing was closed. Commissioner Loi stated that the trees have been on the property for 10 years and wishes them to remain if possible, but if it causes danger or damage, he feels it would be appropriate to remove. (MO) It was moved by Commissioner Breen, seconded by Commissioner Ortiz to approve Modification 95-03 for Conditional Use Permit 92-573, subject to the conditions in Exhibit A. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE B. TENTATIVE PARCEL MAP 24353 - 3106 N. San Gabriel Boulevard - Request from Mr. Thomas H. Oshiro to consolidate five (5) parcels into (1) lot for an existing development. Mr. Lyons gave the staff report and recommended that this matter be continued to the meeting of October 16, 1995. The Planning Commission agreed to continue the public hearing until October 16, 1995. C. TENTATIVE TRACT MAP 51321: EXTENSION - 3370 Bartlett Avenue - Request from Mr. Joel V. Haro, dba Haro Engineering and Construction, to extend approval of the subject development for one year. Mr. Lyons gave the staff report and recommended approval for a one year extension, subject to conditions in Exhibit A. Chairman Ruiz opened the public hearing and asked if there was anyone wishing to speak on behalf of this matter. Mr. Joel Haro, 901 W. Arrow, Glendora, stated that he requested an extension due to financial and economic constraints. Chairman Ruiz then asked if there was anyone else wishing to speak on behalf or against this matter. There being no one, the public hearing was closed. (MO) It was moved by commissioner Lowrey, seconded by Commissioner Loi to approve the extension of Tentative Tract Map 51321, subject to the conditions in Exhibit A. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE PC Minutes 10-2-95 Page 3. D. CONDITIONAL USE PERMIT 95-650 - 2542 N. San Gabriel Boulevard - Request from Fred and Phillip Capriccio, dba Garvey Wholesale Beverage, to transfer existing off-sale liquor licenses (Types 09, 12, 17, 18, and 20) from 8943 E. Garvey Avenue to 2542 N. San Gabriel Boulevard. Mr. Lyons gave the staff report and recommended approval, subject to the conditions in Exhibit A. Mr. Lyons stated that as part of the conditions, the owner has 90 days from approval to slurry seal and restripe the parking lot which includes wheel stops. Chairman Ruiz asked if they were providing handicapped parking. Mr. Lyons stated yes, ADA regulations require handicapped parking spaces. Chairman Ruiz then opened the public hearing and asked if there was anyone wishing to speak on behalf of this matter. Fred Capriccio, 8943 Garvey, Rosemead, stated that the business has been in the City of Rosemead for 28 years. It is a wholesale beverage warehouse. He feels that if there is going to be any problems with transient or loitering it would be in the front of the establishment. They are thinking of moving the wall closer to the street. Chairman Ruiz inquired if they will have walk up customers. Mr. Capriccio stated no. They have a computer that has all the liquor license customers on it. They know who has one. Chairman Ruiz asked if there was anyone else wishing to speak against this matter. Mr. Henry Chang, 2536 N. San Gabriel Boulevard, stated that he was against this project. There was already enough liquor stores and stores selling liquor. He claims that the business also does retail selling. He produced a receipt that shows the purchase of one bottle of wine. Commissioner Loi asked the owner to explain about the receipt. Chairman Ruiz stated that the applicant would have a chance to explain after Mr. Chang was finished. Mr. Chang stated that this business will become a retail outlet. People coming by for one bottle of beer. Mr. Ku Chiu, 8108 Newmark, Rosemead, stated that he has been a resident for 15 years and that there are already a lot of liquor stores in the area and he does not want this type of business in the area. Chairman Ruiz asked if there was anyone else wishing to address the Commission on this matter. There being no one, the Chairman asked the applicant to explain the receipt. Mr. Capriccio stated that they have a type 20 license which does allow them to sell beer and wine retail. They keep this license mainly to sell to their employees and family, but on occasion they do sell to a neighbor'. Also stated that about 1/2% to 1% of their business is retail, but main business is wholesale. 1 PC Minutes 10-2-95 Page 4. Commissioner Breen asked the applicant if you needed a liquor license to purchase and asked if he walked in could he purchase of bottle of wine. Mr. Capriccio stated yes. Mr. Lyons stated that Condition #5 stated that no retail sales of alcohol be permitted. Mr. Capriccio stated that would be no problem. Mr. Fred Capriccio, Sr., father, owner, stated again that the type 20 license was kept out of courtesy to employees, but he has no problem with condition #5. Mr. Lyons stated that the Commission could approve the Conditional Use Permit, monitor the business and bring it back in a year. Chairman Ruiz then closed the public hearing. Commissioner Lowrey stated that he was familiar with the business and they not only sell liquor, but party supplies, olives, etc., and always keeps the place clean. Commissioner Ortiz stated that he is generally against any liquor business, but sees nothing wrong with this type of business. He also sees no problem with selling to employees and family, but could add with condition #5 that they sell only retail to their employees. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Breen to approve Conditional Use Permit 95-650, subject to the conditions in Exhibit A, as amended. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE 5. OTHER BUSINESS NONE 6. CONSENT CALENDAR A. PC RESOLUTION 95-36 - A COMMISSION OF THE CITY OF R1 STATE OF CALIFORNIA APPROVING ALLOWING A TYPE 21, OFF-SALE SAVER FOODS, INC., LOCATED 5286-024-009 & 015). RESOLUTION OF THE PLANNING )SEMEAD, COUNTY OF LOS ANGELES, CONDITIONAL USE PERMIT 95-652, GENERAL LIQUOR LICENSE FOR BIG AT 7619 E. GARVEY AVENUE (APN: (MO) It was moved by Commissioner Lowrey, seconded by Chairman Ruiz to waive further reading and adopt. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE d f 0 0 PC Minutes 10-02-95 Page 5. • 0 7. ORAL COMMUNICATION FROM THE AUDIENCE - This is the time for the public to address the Planning Commission on any matter not on the Agenda. Dolly Leong, stated that she was the new city liaison for the Board of Realtors of San Gabriel Valley. She also read an ordinance from the City of Temple City regarding amending the Temple City zoning code as well as the downtown specific plan to establish an administrative conditional use permit process for certain uses. She would like the Planning Department to introduce it to the Planning Commission. 8. MATTERS FROM CITY OFFICIALS AND STAFF Mr. Lyons stated that he had spoken to Josephine today and because she still had a high fever the stem celling for the bone marrow operation has been postponed. Commissioner Lowrey inquired if she was at home. Mr. Lyons said no, she is still in the hospital and since she still has a fever she can not have any visitors. Will keep you posted on her condition. Commissioner Loi asked about an appeal to the City Council. Mr. Price stated that at the beginning of the meeting he read the procedures on how to appeal a decision to the Council. Commissioner Lowrey stated that he had seen cars stored at Rio Hondo and Valley Boulevard. Mr. Lyons stated that he will have the Code Enforcement officer check into it. Commissioner Ortiz stated that the wall adjacent to 2542 San Gabriel Boulevard had a archway cut into it and he did not see any metal braces. Could be dangerous. Mr. Lyons stated that he will notify the Building Department. There being no other business meeting was adjourned at 8:00 p.m on October 16, 1995 at 7:00 p.m. to come before the commission, the . The next meeting will take place