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PC - Minutes 07-03-95CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING July 3, 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, Rosemead. Pledge of Allegiance was led by Vice-Chairman Ortiz Invocation was delivered by Chairman Ruiz ROLL CALL - Present: Commissioners Loi, Lowrey, Breen, Ortiz and Chairman Ruiz Ex Officio: Wagner, Price, Lyons, Holm, Pickett APPROVAL OF MINUTES - Regular meeting of June 19, 1995 (MO) It was moved by Coin missioner Ortiz, seconded by Commissioner Lowrey to approve the minutes of June 19, 1995. Vote resulted: YES: LOi, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE 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. TENTATIVE PARCEL MAP 24158 - 4228 Rio Hondo Avenue - Request from Richard Chang to subdivide an existing parcel into three (3) separate parcels for three (3) existing single-family dwelling units. Mr. Lyons gave the staff report with the recommendation to approve, subject to the conditions of approval. It was ascertained that the applicant's representative was in the audience. The Chairman opened the public hearing. Tom Cao, 735 W. Emerson, representing Tritech Associates and speaking on behalf of the applicant stated that the conditions of approval were all acceptable and that he was ready to answer any concerns of the Commission. There being no one else wishing to address the Commission, the public hearing was closed. • PC Minutes 7-3-95 Page 2 of 6 Discussion by the Commission: • Commissioner Ortiz was concerned with the remodelling of the area. In response, Mr. Lyons stated that the proposed remodelling will all be in conformance with the building code. (MO) It was moved by Commissioner Breen, seconded by Commissioner Loi to approve Tentative Parcel Map 24158, subject to the conditions of approval outlined in Exhibit A. YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE B. CONDITIONAL USE PERMIT 95-644 - 8636 E. Ramona Boulevard - Request from Di V. Lain to transfer ownership of an existing off-sale beer and wine Type 20 license, dba International Market. Mr. Holm presented the staff report with the recommendation to approve Conditional Use Permit 95-644, subject to the conditions of approval outlined in Exhibit A. It was ascertained that the applicant was in the audience. Commissioner Loi inquired about the police incident report and if there was any incidents for this particular site. Mr. Holm stated that there was no police report since the applicants did not own the business previously. Mr. Lyons continued that as a general rule, police incidents reports are reviewed upon the extension of a conditional use permit. Commissioner Lowrey wanted to know how the location of this type of business affects its proximity to the school. Mr. Lyons stated that this is a vested right that the applicant has and until left vacant for 6 months. At that time, the City could start revocation proceedings. The Chairman opened the public hearing. Addressing the Commission in favor of the request was: Paula Ma, 1608 Amory, Rosemead. Ms. Ma, the mother of the applicant, Di Lam, stated that they wanted to continue the business and to provide the service for the neighborhood. Chairman Ruiz was concerned with the posting of the alcoholic beverage sign. Ms. Ma stated that they have already posted two (2) signs in the parking lot. The Chairman also asked the applicant if she understood the condition with regards to the new business hours of operation. The applicant replied affirmatively that she understood and agrees with the condition. PC Minutes 7-3-95 Page 3 of 6 There being no one else wishint to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Ortiz was concerned with not having enough area to put a trash enclosure. Commissioner Loi inquired from staff about the parking lot striping. Mr. Lyons responded that if the existing striping needs to be re-done, the applicant would be required to restripe and adhere to the condition. Mr. Holm also stated that as per site plan, four (4) spaces would be striped. And as part of the conditions of approval, this condition would be enforced. (MO) It was moved by Commissioner Loi, seconded by Commissioner Breen to approve Conditional Use Permit 95-644, subject to the conditions of approval outlined in Exhibit A. Vote resulted: YES: NO: ABSENT: ABSTAIN: 5. OTHER BUSINESS LOI, LOWREY, RUIZ, BREEN, ORTIZ NONE NONE NONE A. EXTENSION OF CONDITIONAL USE PERMIT 79-158 - Request from Joe Gomez to continue the operation of a service station, dba Unocal/Joe Gomez Service Station, for property located at 3363 Del Mar Avenue Mr. Lyons presented the staff memorandum with the recommendation to approve for four (4) years, subject to the conditions of approval outlined in Exhibit A. It was ascertained that the applicant was in the audience. Discussion by the Commission: Commissioner Ortiz was concerned with the 50-gallon drum with no identification and sitting right next to the fence. Joe Gomez, the applicant, 3363 N. Del Mar, Avenue. Mr. Gomez stated that the underground tanks were contaminated and that the 55-gallon drum was the last of the water cans that needed to be removed. Mr. Gomez continued to state that he had been with Unocal for the past twenty (20) years and the company had not done much on his behalf. The landlord, who inherited the property, and Mr. Gomez were deciding on going with Texaco and improving the site. Mr. Lyons responded that staff was unaware of this situation, however, any changes and modifications of the conditional use permit from Unocal to Texaco would be submitted to the Commission. Commissioner Ortiz inquired from the applicant if alcoholic beverages would be sold. The applicant stated that there will be none. • PC Minutes 7-3-95 Page 4 of 6 G (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Ortiz to approve the extension of Conditional Use Permit 79-158, for four (4) years, subject to the conditions of approval outlined in Exhibit A. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: - NONE ABSENT: NONE ABSTAIN: NONE B. EXTENSION OF CONDITIONAL USE PERMIT 92-554 - Request from Jon & Jae Hee Yates to continue the off-sale beer and wine (Type 20) license, dba M & M Market, for property located at 3358 N. Del Mar Avenue. Mr. Holm presented the staff memorandum with the recommendation to approve for two (2) years, subject to the conditions of approval outlined in Exhibit A. Commissioner Ortiz was concerned relative to the alcoholic beverage signs in the rear. There was a sign that was too small to read and could hardly be seen. Also, Commissioner Ortiz was concerned with regards to the structure fire close to the swamp coolers and the electrical conduit with the wires exposed. Jon Hee Yates, 3358 Del Mar Avenue, Rosemead. Mr. Yates stated that the fire occurred before he took over the business three (3) years ago. And according to the file, a permit for putting a safety break fuse was required and approved before a conditional use permit was issued. However, Mr. Yates will look into this concern. With respect to the signs, he stated that these signs have been posted since the first approval of the conditional use permit. Previous staff directed the rear sign be put up in the parking lot. Mr. Lyons stated that as long as the alcoholic beverage sign is visible, the applicant was in compliance with the condition #i7. Commissioner Ortiz wanted to know the required parking for this particular market. Mr. Yates responded that the market had been in existence since 1943. He has no intention of expanding its use for a general alcohol license. With regards to designated parking, Mr. Yates stated that he does not have a problem with parking. At the rear of the building, there is a "No Parking" sign posted. There is parking up against the fence for use of all the tenants. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Breen to approve the extension of Conditional Use Permit 92-554, for two (2) years, subject to the conditions of approval outlined in Exhibit A. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE C. EXTENSION OF CONDITIONAL USE PERMIT 94-612 - Request from Jose V. Ortega to continue the on-sale beer and wine (Type 41) license in conjunction with an existing restaurant, dba Casa Ortega, for property located at 8742 Garvey Avenue. Mr. Holm presented the staff memorandum with the recommendation to continue the item for thirty (30) days to allow sufficient time for the applicant to address compliance of the conditions as ouldined in the report. L PC Minutes 7-3-95 Page 5 of 6 i Chairman Ruiz requested the applicant to come up to the podium to hear their side. Norma V. Ortega, 17429 E. Boulay Street, La Puente. Ms. Ortega was speaking on behalf of the applicant who was her father. Ms. Ortega stated that they were more than willing to adhere to the conditions of approval, however, the property owner, Mr. Sammy Ng had not followed through with all the repairs since the approval of last year. With regards to the removal of the phone on site which is under their control, they will be in a position to solve this problem. With regards to no consumption of alcoholic beverages sign, Ms. Ortega stated that they have this particular sign, however, construction had been going on and she does not know when the construction will be done and also where to put up the sign during construction. Mr. Lyons responded that there had been an agreement with the property owner with a block grant to do a rehab on the site. The property owner had initiated the reconstruction of the site, however, the construction had slowed down and staff will try to meet with the property owner and give him a time frame for completion. The applicant can install the sign after construction. Commissioner Ortiz suggested to invite the architect and the property owner to the Planning Commission meeting in order to relieve the applicant of the burdens beyond her control and to be able to get a definite date for completion of the project. Commissioner Breen inquired with the applicant's beer and wine license as stated in condition /t9. Chairman Ruiz responded that this was a standard condition. Mr. Lyons continued that the conditions are from the last approval. However, when this case moves forward, the list of conditions will be amended and upgraded. Commissioner Loi was concerned with the exposed electrical wires which poses a hazard to the safety of the children around the area. Ms. Ortega noted they have tried to get the property owner, Sammy, to fix it since they know it is a problem, but he has not responded. Mr. Lyons will instruct the building inspector to go on the site for an inspection and for the property owner to maintain the site in a safe manner. There being no objection, it was unanimously agreed to concur with staff's recommendation to continue the item to August 21st, Planning Commission meeting. D. EXTENSION OF CONDITIONAL USE PERMIT 86-350 - Request from Vietnam XA- LOI Buddhism Study Association to continue the operation of a religious worship facility for property located at 1751 Del Mar Avenue, dba Vietnamese Buddhist Study Association. Mr. Lyons presented the staff memorandum with the recommendation to approve for three (3) years extension, subject to the conditions of approval outlined in Exhibit A. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Ortiz to approve the extension of Conditional Use Permit 86-350, for three (3) years, subject to the conditions of approval outlined in Exhibit A. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE PC Minutes 7-3-95 Page 6 of 6 E. PC RESOLUTION 95-19 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING ZONE VARIANCE 95-271, REDUCING THE SIDE YARD SETBACK REQUIREMENT FOR A SECOND STORY FROM 10-FEET TO 8-FEET FOR PROPERTIES LOCATED IN THE R-I ZONE AT 3866 AND 3868 DELTA AVENUE (APNII 5371-005-068). Mr. Price presented the resolution by title only. (MO) It was moved by Commissioner Lowrey, seconded by Commissioner Breen to waive further reading and adopt. Vote resulted: YES: LOI, LOWREY, RUIZ, BREEN, ORTIZ NO: NONE ABSENT: NONE ABSTAIN: NONE 6. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter not on the Agenda - None 7. MATTERS FROM CITY OFFICIALS AND STAFF A. Mr. Lyons reminded the Commission to come and join the 4th of July Parade at 10 a.m. Mr. Wagner also informed the Commission that the opening ceremonies will be at 3 p.m. at Rosemead Park. There being no other business to come before the Commission, the meeting was adjourned at 7:55 p.m. The next meeting will take place on July 17, 1995, at 7:00 p.m. `~I