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PC - Minutes 05-15-95CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING MAY 15, 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. The Pledge of Allegiance was led by Commissioner Breen. The Invocation was delivered by Chairman Ruiz. ROLL CALL - Present: Loi, Ruiz, Breen, Ortiz Ex Officio: Wagner, Price, Lyons, Troyer, Pickett Absent (Excused): Lowrey 1. APPROVAL OF MINUTES - Regular meeting May 1, 1995. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Breen to approve the minutes of May 1, 1995. Vote resulted: YES: LOI, RUIZ, BREEN, ORTIZ NO: NONE ABSENT (Excused): LOWREY 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. CONDITIONAL USE PERMIT 95-634 - 9726 E. Valley Boulevard - Request from Chul Hoon Lee to transfer ownership of an existing off-sale general liquor (Type 21) license, dba La Pinarena (cont'd from 5-1-95 meeting). Mr. Troyer presented the staff report with the recommendation for the Planning Commission to continue the item to June 5, 1995 meeting. Staff's inspection revealed that the applicant has not fully addressed the outstanding problems. And if the applicant is unable to complete the items by next meeting time, staff will recommend denial of the permit. It was ascertained that the applicant was in the audience. The Chairman opened the public hearing. I PC Minutes 5-15-95 Page 2 of 5 Addressing the Commission in favor of the request was: Chul Hoon Lee, 9726 Valley Boulevard, the applicant, stated that he had complied with City's request to keep the maintenance of the property. He will try to cut and edge the grass. With regards to the banner signs, he already took care of them. He also mentioned that the parking lights had been changed with better visibility. There being no one else wishing to address the Commission, the public hearing was closed. Mr. Troyer mentioned that the applicant acted in good faith to remove the pay phone in front of the store. However, to get this type of request would require some assistance from the City by contacting the phone company for the removal of the phone. Commissioner Loi requested an addition to the conditions of approval that the alley and the area near the electrical panel should be clear at all times. There being no objection, the Chairman so ordered the item be continued to June 5th meeting. B. REVOCATION PROCEEDINGS OF CONDITIONAL USE PERMIT 93-582 -9151 E. Valley Boulevard - Revocation of the Conditional Use Permit issued to AMAX JOINT VENTURE ENTERPRISES, INC. ( now doing business as KISS KTV). Mr. Lyons presented the staff report with the recommendation to revoke the Karaoke permit based on the fact that various conditions have been violated. Cary Reisman, representing and speaking on behalf of the City in the matter involving the entertainment permit. He presented the recommendation from the Assistant City Manager, Donald Wagner, who sat as the hearing officer during the administrative hearing proceedings. The recommended decision was in the City Council's findings and in the decision at the April 5th City Council meeting. Mr. Reisman testified that the verbatim minutes at that meeting were accurate. He also mentioned that the entire administrative hearing was transcribed by a court recorder, together with the exhibits presented at the hearings. The applicants were also provided with these reports. Many of the issues presented at those hearings are identical with the issues presented at tonight's meeting. Mr. Reisman gave a brief history of the karaoke use of this property approved sometime in 1991, subject to the conditions of approval. Part of these conditions relate to no alcohol at the premises. Unfortunately, this condition had been violated the most. He also briefly discussed other violations of the conditions of approval. Condition no. 6 stipulates that a Guest Register log is required with complete entries of "in" and "out" times. This condition was also violated on different dates and admitted to by the owners. Condition no. 12 was also violated and determination was made that there was a physical change to the floor plans with an addition to the interior wall, which was admitted by the owners and was not corrected. The volume of law enforcement activity was beyond expectations since the conditional use permit was granted. A print out from the Sheriff's Dept. indicated accurate records of the list of different occurrences of different violations. Mr. Reisman gave these print out copies to the landlord, as well as, the business owners. Mr. Reisman also informed the Commission of "shots fired" with holes from bullets on the ceilings. All of these incidents occurred before the Administrative and City Council hearings. At the Administrative hearing, the defense was that the business is now under new owners and management, and any problems before had already been resolved. Mr. Reisman stated one significant violation on April 25th, a joint investigation by the Sheriffs Dept. and the Alcoholic Beverage Control (ABC) based on an anonymous tip that the new owners PC Minutes 5-15-95 Page 3 of 5 were knowingly serving beer on site without a permit or license to serve alcoholic beverages. During this particular incident, Yun-Te Chang and Pei-Ju Wang, owner and manager, were both present and involved in this violation. Mr. Reisman narrated what transpired at that raid. Sergeant Wayne Wallace, liaison officer assigned to the City of Rosemead, stated that the list entails about fifteen (15) incidents which had occurred on different dates. There was an incident that was logged as "ADW", meaning "Assault with a Deadly Weapon" where an individual was shot on the leg at the location. Being the City liaison officer, he had assigned the Rosemead special enforcement team for surveillance of the location due to disturbance called "shots fired" with no reports since either the parties involve will not prosecute, the firearm gone and/or the disturbance was over. So in this fifteen month span, there were numerous incidents that were not recorded due to the above mentioned reasons. However, this does not reflect the ABC incident. Mr. Wallace also stated that samples of the liquid obtained during the joint ABC and Sheriff's investigation were taken to the Sheriff's crime laboratory and analyzed. The results of those samples returned all positive for alcohol content. Mr. Reisman requested the Commission to receive into evidence the transcript and the documents attached to the administrative hearing, the documents attached to the staff report and the documents that Sergeant Wallace just testified. In conclusion, Mr. Reisman stated that he was ready for any response from the owners. The Chairman opened the public hearing. It was ascertained that both, the owner of the business and the owner of the property, were in attendance and both indicated by the nods of their heads that they do not wish to speak before the Commission. There being no one 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 revoke conditional use permit 93-582. Vote resulted: YES: LOI, RUIZ, BREEN, ORTIZ NO: NONE ABSENT (Excused): LOWREY ABSTAIN: NONE 5. OTHER BUSINESS A. EXTENSION OF CONDITIONAL USE PERMIT 88-403 - Request from Lawrence Lee to continue the on-site sale of beer and wine at 2101 San Gabriel Boulevard, dba Manna Restaurant (cont'd from 5-1-95 meeting). Mr. Lyons presented the staff report with the recommendation for a three (3) year extension, subject to the conditions of approval outlined in Exhibit "A". It was ascertained the applicant was in attendance. Discussion by the Commission: Commissioner Ortiz was impressed with the layout and cleanliness of the establishment. PC Minutes 5-15-95 Page 4 of 5 Commissioner Loi was concerned with the restaurant serving some food with hot fire underneath. He wanted to know if fire extinguishers are provided in each individual rooms. Mr. Lyons replied that the barbecues in each table meet fire code requirements from the Fire Department. Mr. Lee, the applicant, also responded that the restaurant has fire extinguishers that the Fire Department checks monthly. The fire from these barbecues are so minimal that a water sprinkler was never required. (MO) It was moved by Commissioner Loi, seconded by Commissioner Ortiz to extend Conditional Use Permit 88-403 for three (3) years, subject to the conditions of approval. Vote resulted: YES: LOI, RUIZ, BREEN, ORTIZ NO: NONE ABSENT (Excused): LOWREY ABSTAIN: NONE B. EXTENSION OF CONDITIONAL USE PERMIT 90-489 - A request from Nam Penh Phun to continue the operation of a garment manufacturing business at 3037 Bartlett Avenue, dba Susan's Sewing Factory. Mr. Troyer presented the staff memorandum with the recommendation to approve the extension request for one (1) year, subject to the conditions of approval outlined in Exhibit "A". It was ascertained that the applicant was in the audience. Discussion by the Commission: (MO) It was moved by Commissioner Loi, seconded by Chairman Ruiz to extend Conditional Use Permit 90-489 for one (1) year, subject to the conditions of approval. Vote resulted: YES: LOI, RUIZ, BREEN, ORTIZ NO: NONE ABSENT (Excused): LOWREY ABSTAIN: NONE C. EXTENSION OF CONDITIONAL USE PERMIT 94-611 - Request from Kiet The Gip to continue the operation of a sewing factory at 8905 E. Garvey Avenue, dba K & K Fashion. Mr. Troyer presented the staff memorandum with the recommendation for two (2) years extension, subject to the conditions of approval outlined in Exhibit "A". Commissioner Loi requested that a condition be added, "The area near the electrical panel must be cleared at all times for safety purposes". Discussion by the Commission: (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Breen to extend Conditional Use Permit 94-611, subject to the amended conditions of approval. Vote resulted: PC Minutes 5-15-95 Page 5 of 5 YES: LOI, RUIZ, BREEN, ORTIZ NO: NONE ABSENT (Excused): LOWREY ABSTAIN: NONE 10. PC RESOLUTION 95-14 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 95-637, TO TRANSFER OWNERSHIP OF AN EXISTING ON-SALE GENERAL BEER AND WINE (TYPE 41) LICENSE IN CONJUNCTION WITH AN EXISTING RESTAURANT, DBA THY XUAN RESTAURANT AT 8968 E. GARVEY AVENUE (APB: 5283-010-030). Mr. Price presented the resolutions by title only. (MO) It was moved by Commissioner Breen, seconded by Commissioner Ortiz, to waive further reading and adopt. Vote resulted: YES: LOI, RUIZ, BREEN, ORTIZ NO: NONE ABSENT (Excused): LOWREY ABSTAIN: NONE 13. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter not on the Agenda - None 14. MATTERS FROM CITY OFFICIALS AND STAFF A. Mr. Lyons hopes Commissioner Lowrey is having a great time with his European tour. B. Commissioner Loi wanted to know if the City has any ordinance regarding the posting of "Open House" signs in front of a residence or out in the street since the City of Alhambra will be conducting a study session on this item. Mr. Wagner responded that signs on private property are not regulated by the City. Mr. Lyons also stated that the City has a sign ordinance that prevents any type of sign that creates a hazard to traffic or pedestrians, and/or any type of signs that concern safety or aesthetics. Mr. Lyons assured Commissioner Loi that he will get the minutes with regards to this matter from the study session of the City of Alhambra. C. Mr. Price reminded the students that the secretary will issue and sign attendance slips. There being no other business to come before the Commission, the meeting was f adjourned at 7:45 p.m. The next meeting will take place on June 5, 1995, at 7:00 p.m.