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PC - Minutes 08-21-95• CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING 0 August 21, 1995 MINUTES 1. 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, Rosemead. Pledge of Allegiance was led by Commissioner Loi. Invocation was delivered by Vice-Chairman Ortiz. ROLL CALL - Present: Commissioners Loi, Lowrey, Breen, Ortiz and Chairman Ruiz Ex Officio: Wagner, Price, Lyons, Troyer, Pickett APPROVAL OF MINUTES - Regular meeting of August 7, 1995 (MO) It was moved by Vice-Chairman Ortiz, seconded by Commissioner Breen to approve the minutes of August 7, 1995. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE A. CONDITIONAL USE PERMIT 95-646 - 8118 E. Garvey Avenue, kB - Request from Amanda Hinh for an on-sale beer and wine (Type 41) license, in conjunction with a restaurant, dba My Le Hoa Restaurant. Mr. Troyer gave the staff report with the recommendation to deny Conditional Use Permit 95-646. It was ascertained that the applicant's representative was in the audience. The Chairman opened the public hearing. Addressing the Commission in favor of the request was: 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 David Wu, 15122 Tungwood Street, Westminster, representing and speaking on behalf of the applicant Amanda Hinh. Mr. Wu agreed with staff report that there are currently four (4) restaurants in the center. However, there are only two (2) on-sale general liquor license in conjunction with restaurants, with one off-sale license a total of three (3) ABC licenses in the whole center. He felt that they should be given a fair chance in operating their business in the same center. He • PC Minutes 8-21-95 Page 2 of 8 0 stated that it is not their intent to promote excessive drinking where it would create unruly and misconduct of their clientele. Alcoholic beverages would only be served in conjunction with meals. He felt that their business would be beneficial to the City and was, therefore, requesting approval of the conditional use permit. Chairman Ruiz felt that meals could be enjoyed without taking alcohol or liquor to enhance the flavor of any type of food. In response, Mr. Wu replied that beer and wine would only be consumed like an appetizer when food are ordered. There being no one wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Loi inquired from staff as to the length of time this particular restaurant had been operational. Mr. Lyons replied that this establishment had been operational for approximately three years. Mr. Troyer added that this is a new owner that purchased the existing business about a year and a half ago. Mr. Lyons continued that the original owner had the opportunity to apply for the conditional use permit on the onset of the center, but which the previous owner did not do. Commissioner Loi felt that granting of the permit would be inconsistent with the original design of 1993. Chairman Ruiz wanted to know if there were any new developments in the area. Mr. Lyons replied that the Shabu Shabu Restaurant would be replaced by a bank. It is staffs intent to limit the number of restaurants in the center as agreed upon with the property owner and keep the number of liquor licenses at three (3). Commissioner Ortiz reiterated that three (3) licenses should be maintained as planned in the center. There are a lot of restaurants in the City without liquor licenses that are busy and doing well. (MO) It was moved by Commissioner Breen, seconded by Commissioner Ortiz to deny Conditional Use Permit 95-646. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN:. NONE Commissioner Lowrey stated before the vote was taken that the Commission would like to support legitimate businesses coming in the City and be competitive, however, there are limitations the Commission needs to follow like the agreement with the property owner. He, therefore, supports denial of the permit. And in case of ABC license cancellations from any of the restaurants, the applicant may come and re-apply. B. CONDITIONAL USE PERMIT 95-648/ZONE VARIANCE 95-273 - 9346 Pitkin Street - Request from Joseph Cervantes, et al, to construct an addition to an existing single family residence creating a floor area over 2,500 square feet, and requesting a reduced second story side yard setback. l • PC Minutes 8-21-95 Page 3of8 • Mr. Troyer presented the staff report with the recommendation to deny Zone Variance 95-273, and to continue Conditional Use Permit 95-648 to the Planning Commission September 18, 1995 meeting. It was ascertained that both the architect and the applicants were not in attendance. However, they expressed their request to continue both items to September 18th meeting in order to be able to re-design and re-submit another floor plan to meet the findings and requirements. Chairman Ruiz polled the Commission for continuance on both items. Commissioner Ortiz was concerned with the side yard,setback. Mr. Troyer responded that since staff was adamant with the side yard setback requirements, the architect was compromising with a seven-foot side yard setback instead of the five-foot setback as proposed. Chairman Ruiz inquired from staff if the applicant would need to appeal the case to City Council in case of denial. Mr. Lyons replied that if denied, the applicant would have the option to appeal the denial to City Council. And in case the zone variance would be denied at tonight's meeting, the architect would need to provide a floor plan of ten-foot second story setback at September 18th meeting. Mr. Lyons suggested to continue both items to September 18th meeting and see the new proposed floor plan, as the architect would like to modify it to a 7-foot setback. Commissioner Ortiz reiterated that the main concern was the side yard setback and to give direction to the floor area ratio requirement. Mr. Price inquired if denied, would the applicant need to repay for a zone variance fee. Mr. Lyons replied that the applicant would not need to pay any fees as he already paid for both items. The Chairman opened the public hearing. There being no one wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Ortiz stated that since the applicant or his representative were not in attendance, he suggested continuance of the items. Mr. Lyons replied that the architect called and informed staff of their unavailability for tonight's meeting. However, the Commission has the option to either deny the variance or continue it to the September 18th meeting. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Breen to deny the Zone Variance 95-273. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE C PC Minutes 8-21-95 Page 4 of 8 (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Ortiz to continue Conditional Use Permit 95-648 be continued to September 18th meeting and the Commission unanimously agreed. - Mr. Troyer commented that it was not staff s practice to bring projects before the Commission that do not meet the floor area ratio requirements but since the request was split, staff felt that the items should be given direction by the Commission separately. C. ZONE CHANGE 95-200 - 7629, 7637 Graves Avenue - City-initiated zone change from Planned Development (PD) to R-2; Light Multiple Residential. Mr. Lyons presented the staff report with the recommendation to approve the Negative Declaration and approve Zone Change 95-200. The Chairman opened the public hearing. Addressing the Commission in favor of the request was: John Rauth, 4528 Bartlett, Rosemead, stated that he never thought that he would be speaking in favor of an item before the Commission. He stated that he had viewed the parcel and felt that if the City can initiate and reverse the zone change, maybe the City can influence and help the developers of R-2 property to allow access to some property on eastbound boundaries. He observed that developers in some areas seemed to be in conflict with one another. The Commission or the City Council should be influential to leadership and try to get these people together which be a benefit to all. He stated that he was in favor of this action that the Commission had taken. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Lowrey felt that this was a good Planning move of the department to change from PD to R-2. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Breen to approve Zone Change 95-200. Vote resulted: YES: NO: ABSENT: ABSTAIN: 5. OTHER BUSINESS LOI, LOWREY, RUIZ, BREEN, ORTIZ NONE NONE NONE A. EXTENSION OF CONDITIONAL USE PERMIT 94-612 - Request from Jose V. Ortega to continue an on-sale beer and wine (Type 41) license in conjunction with an eating establishment, dba Casa Ortega, for property located at 8742 E. Garvey Avenue (cont'd. from 7-3-95 meeting). Mr. Lyons presented the staff memorandum with the recommendation to approve the extension request for six (6) months, subject to the conditions of approval as outlined in Exhibit A. • PC Minutes 8-21-95 Page 5 of 8 0 It was ascertained that the applicant, the property owner and the architect were in attendance. (MO) It was moved by Commissioner Loi, seconded by Chairman Ruiz to extend Conditional Use Permit 94-612 for six (6) months, subject to the conditions of approval. Vote resulted: YES: LOT, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE B. EXTENSION OF CONDITIONAL USE PERMIT 89-459 - Request from Kim Tran to continue an off-sale general liquor (Type 21) license, dba Double 8 Liquor and Market, for property located at 8205 E. Hellman Avenue. Mr. Troyer presented the staff memorandum with the recommendation to approve the extension request for three (3) years, subject to the conditions of approval outlined in Exhibit A. Commissioner Loi inquired if the owner was the current one. The applicant replied that he purchased the business for about two years now. Commissioner Lowrey felt that since the owner had only been in the business for two (2) years, he recommended extension approval for one (1) year. Chairman Ruiz felt that since the owner had been in business for two years, he saw no reason or basis why they should be given a one year extension. He, therefore, recommended extension approval as presented by staff for three (3) years. Commissioner Lowrey's motion for one (1) year approval died for lack of second. (MO) It was moved by Chairman Ruiz, seconded by Commissioner Loi to extend Conditional Use Permit 89-450 for three (3) years, subject to the conditions of approval. Vote resulted: YES: LOT, RUIZ, BREEN, ORTIZ NO: LOWREY ABSENT: NONE ABSTAIN: NONE Commissioner Lowrey's No vote was based on the business operation for only two (2) years, and he felt that approval should not be granted for three (3) years. C. EXTENSION OF CONDITIONAL USE PERMIT 91-537 - Request from Choon Woong Kim to continue an off-sale beer and wine (Type 20) license, dba Alba's Market, for property located at 3200 N. Del Mar Avenue. Mr. Troyer presented staff memorandum with the recommendation to extend Conditional Use Permit 91-537 for three (3) years, subject to the conditions of approval outlined in Exhibit A. Discussion by the Commission: 0 0 PC Minutes 8-21-95 Page 6 of 8 Commissioner Loi was concerned with the Sheriff's incident report dated 6-10-95 regarding assault with a deadly weapon. He wanted to know if the incident occurred inside or outside of the store and at what time of day did it occur. The applicant, Mr. Choon Woong Kim, replied that this incident occurred outside of the premises. He also stated that he had been in business operation for almost four (4) years now. The previous owner of the business had some problems due to language difficulty but after he took over the business, these problems had been resolved as he always communicates with the Sheriff's Department for his own safety and the neighbors. The incident on 6-10-95 was about seven or eight Vietnamese roller skaters who wanted to force entry to the store. Since they were refused entry, these kids created some problems by stealing some merchandise from the store and by hitting him on the head. This incident was all caught on store video cameras and was shown to the District Attorney, and had already been resolved. Mr. Lyons clarified from applicant if these kids were purchasing liquors from the store. The applicant replied that they were not. Commissioner Loi's other concern was regarding an electrical outlet for three (3) video game machines. Staff was directed to check this matter. The applicant responded that the Fire Department had already checked this outlet. (MO) It was moved by Chairman Ruiz, seconded by Commissioner Loi to extend Conditional Use Permit 91-537 for three (3) years, subject to the conditions of approval. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE D. EXTENSION OF CONDITIONAL USE PERMIT 86-366 - Request from Michelle Tsaur to continue an adult vocational training school, dba Rosemead College of English, for property located at 8705 E. Valley Boulevard, NB. Mr. Troyer presented staff memorandum with the recommendation to extend Conditional Use Permit 86-366 for three (3) years, subject to the conditions of approval outlined in Exhibit A. Discussion by the Commission: (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Breen to extend Conditional Use Permit 86-366 for three (3) years, subject to the conditions of approval. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE 6. CONSENT CALENDAR - These items are considered to be routine actions that may be considered in one motion by the Planning Commission. Any interested party may request an item from the consent calendar to be discussed separately. 9 • PC Minutes 8-21-95 Page 7 of 8 A. PC RESOLUTION 95-27 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 95-639, ALLOWING THE TRANSFER OF AN ON-SALE GENERAL LIQUOR (TYPE 47) LICENSE IN CONJUNCTION WITH A RESTAURANT AND NIGHTCLUB, DBA T & J RESTAURANT, LOCATED AT 8526 E. VALLEY BOULEVARD (APN: 5371-011-017). B. PC RESOLUTION 95-28 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 95-643, ALLOWING CONSTRUCTION OF A SINGLE FAMILY DWELLING THAT EXCEEDS 2,500 SQUARE FEET IN LIVING AREA, LOCATED AT 9033 WHITMORE STREET (APN: 8595-007-014). Mr. Price presented the resolutions by title only. (MO) It was moved by Commissioner Breen, seconded by Commissioner Breen, to waive further reading and adopt. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE C. PC RESOLUTION 95-29 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 95-647, ALLOWING A FOUR (4) DAY CARNIVAL IN THE C-3 ZONE. LOCATED AT 3600 ROSEMEAD BOULEVARD, ROSEMEAD SQUARE (APN: 8594-023-040). Mr. Lyons corrected the vote on August 7, 1995 to read and reflect as follows: YES: LOI, RUIZ, BREEN NO: LOWREY, ORTIZ ABSENT: NONE ABSTAIN: NONE Mr. Price presented the resolution as corrected by title only. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Ortiz, to waive further reading and adopt as corrected. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE 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. 8. MATTERS FROM CITY OFFICIALS AND STAFF A. Mr. Lyons welcomed Josie back and he also thanked Nancy Valderrama and Jan Saavedra for helping while she was gone. PC Minutes 8-21-95 Page 8 of 8 0 0 B. Josie thanked the Commissioner for their thoughts and care and that she was happy to be back to work. C. Chairman Ruiz and the rest of the Commissioners also welcomed Josie back. D. Mr. Troyer announced the selection of our summer youth intern, Cindy Tsang, at a ceremony at Montery Park City Hall as one of 24 out of 1,251 youth participants of the WSGVC summer youth employment training program, she was granted an award for her job performance. James also welcomed Josie back. E. Commissioner Loi wanted to make a typo correction on the CUP 95-646 which should read 1994. F. Commissioner Lowrey wanted the minutes to show congratulations is in order to our summer youth intern, Cindy Tsang, for a job well done, and complimented James for participating in the program. G. Commissioner Ortiz had the following concerns: 1 1. Laser Tech Center, 8610 Garvey Avenue, with containers on the south wall which utilizes the parking lot as a storage. Staff was directed to check businesses on Valley Boulevard and Garvey Avenue as the parking lots are being used as storage area specially during weekends. Mr. Lyons replied that the Code Enforcement Officer will be directed to go and inspect the area and other locations, as well. Chairman Ruiz would like a status report on items that were previously discussed. Commissioner Ortiz inquired on the status of the area on the southeast corner of Rosemead and Valley Boulevard. Mr. Lyons responded that the Code Enforcement Officer investigated the storage containers east of Sanwa Bank, but unfortunately, she has been out ill and is a little backlogged. 2. Commissioner Ortiz was also concerned with the flow of traffic on Rosemead Park, at Encinita Avenue. He observed the ice cream vendors were double parking at the site specially during the weekends. Mr. Lyons responded that the parking control officers will be instructed to inspect the site. There being no other business to come before the Commission, the meeting was adjourned at 8:15 p.m. The next meeting will take place on September 5, 1995, at 7:00 p.m.