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PC - Minutes 03-20-95CITY OF ROSEMEAD 8838 E. VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING MARCH 20, 1995 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, Ruiz, Lowrey, Breen, Ortiz Ex Officio: Wagner, Price, Lyons, Troyer, Holm, Pickett 3. APPROVAL OF MINUTES - Regular meeting March 6, 1995. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Ruiz to approve the minutes of March 6, 1995. Vote resulted: YES: LOI, RUIZ, LOWREY, BREEN, ORTIZ NO: NONE ABSTAIN: NONE ABSENT: 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 Commission Secretary administered the oath to members of the audience wishing to speak. PUBLIC HEARINGS 6. CONDITIONAL USE PERMIT 95-633 - 8232 E. Garvey Avenue, #101 - Request from Quynh Huong Do Tran to transfer an existing ABC on-sale beer and wine license (Type 41) in conjunction with an existing restaurant (dba PHO 79 Restaurant). Mr. Troyer presented the staff report with the recommendation to approve. It was ascertained that the applicant was in the audience. The Chairman opened the public hearing. Addressing the Commission in favor of the request was: Minh Chau Tran, 1108 Story Place, Alhambra. Ms. Tran, the applicant, stated that she was in attendance to request the Commission to approve her request. •3 ~ • s PC Minutes 3-20-95 Page 2 of 8. Commissioner Loi expressed concern in regards to wooden shelves behind the blockwall of the restaurant; and if the shelves were given City permits for being utilized as storage area. Ms. Tran responded that there was instruction from the Health Department not to use it as a storage area for food. The area is presently being used as storage for cleaning materials like detergents, mops, etc. 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 95-633, subject to the amended conditions of approval. Vote resulted: YES: LOI, RUIZ, LOWREY, BREEN, ORTIZ NO: NONE ABSTAIN: NONE ABSENT: NONE Prior to voting, Commissioner Ortiz instructed staff to recommend to the Traffic Commission to go and inspect the parking situation at the said location. 7. CONDITIONAL USE PERMIT 94-628 - 3846 Walnut Grove Avenue - Request from Barker Luong, Director of San Gabriel Valley Buddhistic Association, to construct a 1,562 square foot religious chapel plus a keepers unit, on a 25,397 square foot lot, zoned R-1, with 52 on-site parking spaces. Mr. Lyons presented the staff report with the recommendation to approve, subject to the attached conditions of approval with two additional conditions: Condition X23 states: "Hours of operation shall be limited to 8:00 a.m. to 5:00 p.m. every day. Only the resident "keepers" shall be allowed on the premises during the hours of 5:00 p.m. to 8:00 a.m." Condition #25 states: "The applicant shall comply with all City, State and Federal laws relative to such use, including but not limited to Rosemead's Noise Ordinance (Section 4300 et se~C) " It was ascertained that the applicant and members of the congregation were in the audience. The Chairman opened the public hearing. Addressing the Commission in favor of the request were: Mr. Simon Lee, 140 W. Valley Boulevard, San Gabriel. Mr. Lee, architect for the project, stated that the amended conditions of approval were acceptable to the applicant and that they will adhere to all of them. Mr. Lee stated that they were very sensitive with the design of the project to avoid any impact to the neighboring area. The traffic study revealed that the traffic circulation was adequate, that they were willing to re- design the frontage on Bartlett Avenue by building a block wall and also landscaping along the street. Mr. Lee introduced all the members of the congregation who were in • PC Minutes 3-20-95 Page 3 of 8. attendance at the meeting, and instructed all those who are in favor of the project to raise their hands. Mr. Lee stated that in fairness to all concerned, the proposed project should be recommended for approval. Commissioner Breen inquired if any outdoor loudspeakers or gongs or any instruments that will create noise were going to be used by the church. Mr. Lee replied that no loud instruments will be allowed. Commissioner Ruiz wanted to know if there would be future plans for church expansion that will impact the neighborhood. Mr. Lee responded that there is no intent for growth expansion as the project site is only going to accomodate 140 members. However, in the future, if there would be future church expansion, the church will need to look for a different location in the City. Mr. Lee explained that this congregation is totally different from a christian church where they normally meet on Sundays. The members come to the chapel only on certain days namely the 1st and 15th of the month, which is once every two weeks. There is no specific time for worship. Meditation and worship is done on an individual basis at different hours except for four (4) major celebrations a year. The maximum occupancy load permitted is only for 140 people which is one of the conditions they need to comply with, plus a provision to provide at least two (2) attendants directing traffic in and out of the premises to address any traffic problems during these events. George Baffa, from the Law Firm of Hahn and Hahn, Pasadena. Mr. Baffa, speaking on behalf of the applicant, stated that they were sensitive with the needs of the neighbors as shown on the design of the structures, landscaping, blockwall and by closing of the back entrance. He concurred with Mr. Lee's statement in regards to time of worship, the major celebrations and the traffic circulation. Also, he stated that the applicant was agreeable to no outside incense, joss sticks or paper burnings as these type of activities will be confined only to the interior of the premises and will not be a disturbance for anyone. Mr. Baffa also stated that with several churches around the area, there was an indication of fear from the neighbors for the devaluation of the property value of which are unfounded. Based on the model showing the beautiful architecture and design of the building, the property value would certainly increase. Barker Luong, 2443 Strathmore, Rosemead. Mr. Luong, the Director of the Buddhistic Association, stated that he and his family support this project. Hari Alipuria, owner of Chameli Restaurant, Rosemead, took the opportunity in welcoming the Buddhistic Association. Addressing the Commission in opposition of the request were: (1) Ken Willer, 3860 Walnut Grove Avenue, Rosemead. Mr. Willer stated that his property is located two lots north of the proposed temple. Mr. Willer continued that he did not realize that when he bought his R-1 property that a church could be located in this zone. He also stated that the applicant had some signed signatures in favor of the project, but not all of the signatures were from Rosemead, whereas his signed opposition petitions were all gathered from the immediate area. Another reason for Mr. Willer's opposition was because of his wife's allergy to the odor and smell of the joss sticks on the premises and he was requesting Mr. Lyons to have this condition be placed in writing. He commended Mr. Lyons for limiting the uses of this property. Other reasons cited for oppositions were parking, automobile and pedestrian traffic, and loss of privacy. Mr. Willer also submitted a diagram to the Commission. • • PC Minutes 3-20-95 Page 4 of 8. (2) Marie Connolly, a Rosemead resident for the past 40 years, expressed her main concern is traffic. She appreciated that a survey was done by a traffic engineer. However, she wanted to know the hour of day this survey was taken, as traffic congestion on Walnut Grove need to be addressed. In response, the City Deputy Traffic Engineer, Joanne Itagaki, stated that in the report taken by the company of Kimley, Horn & Associates, turning movement gap times were taken between the hours of 4:45 p.m. and 5:45 p.m., which is normally the busiest time of day. Ken Johnson, representing Kimley, Horn & Associates, 900 Wilshire Blvd., Suite 930, Los Angeles. Mr. Johnson stated that to determine the time, traffic counts were taken throughout the day on a 24-hour period. The time selected was the time when traffic is most dense. There were physical observations on the amount of gaps, distance or timed space of vehicles on Walnut Grove. And during the worst hours of the day, approximately 300 vehicles can turn in or out of the site. (3) Carol Mahoney, 3846 Bartlett, Rosemead. Ms. Mahoney's main concern was noise. During the dedication ceremonies of the land, loud speakers and music were going on all day long. She wanted some assurance that noise of this nature would be addressed especially when this happens at night. Other concerns were lighting of the parking lot; blockwall; crime; and graffiti. Mr. Lyons responded to her concern on lighting. There would be a requirement that all exterior lighting will be directed away from adjacent properties which shall be shown in the final development plan. Adequate lighting shall be provided and motion-activated lights shall be installed'where deemed appropriate by the Director of Planning. Staff will make the utmost effort that lighting will not impact or disturb the adjacent property owners in the immediate area as these lights would only be utilized for security purposes. In regards to blockwalls, it will be no higher than six (6) feet with landscaping on both sides. It will be landscaped so it will not be prone to graffiti. The City takes care of graffiti if it is visible from the street, but if graffiti is inside the wall, the owner will be responsible. A condition could be added where no outdoor instruments will be played and no noise shall exceed the noise ordinance. Mr. Price responded to Ms. Mahoney's concern on crime. Motion-activated lights shall be installed at the parking area to deter crime and in addition, the gate will add to the security when the temple is not used, between 5 p.m and 8 a.m. (5) Maureen Obreck Johnson, owner of the property next door, expressed strong objection with the proposed project. First, she felt that it will lower her property value as no one would like to live next to an active church bringing in and out a lot of people. Fumes and odors from incense burnings would drift to their property was also one of her concerns. She felt that after the church gets established, there will be future daycare centers with children playing during the hours when there should be peace and quiet in their area. With a great number of incoming and outgoing of cars, this would be an opportunity to create accidents, congestion and overflow of parking on the streets. She was concerned on the impact on property, peace and quiet, and health. The following residents have the same concern and sentiments on crime; privacy; off- street parkings; rubbish; traffic and church growth: (6) Alex Ngo (7) Mario Martinez, 8561 E. Marshall Street (8) Pie Lo, 8559 Ralph Street (9) Nathalie Paulovich, 3826 N. Bartlett Avenue (10) John Rauth, 4528 Bartlett Avenue PC Minutes 3-20-95 Page 5 of 8. In rebuttal, Mr. Simon Lee and Mr. George Baffa reiterated that they were mindful that the neighbors felt strongly against the project, but they will try to address their concern. With the limited hours of operation, limited nature of membership and activities, and with the applicant agreeing to all of the conditions of approval, they hope that the Commission will act on facts and not on opinions when they make their decision. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Ortiz stated that the main concerns were issues on traffic, church growth, and proper lighting that should be addressed. He agreed that the applicant had shown cooperation in agreeing and complying to all the conditions set forth, however, he would like to have a covenan i be placed on the grant deed to restrict church expansion. Mr. Price responded that a covenant is not feasible on the grant deed, as covenants are forever. Conditions may be imposed and this particular use can not be expanded as stated in the conditions of approval. i Mr. Lyons explained in regards to daycare, that they will not be allowed through this conditional use permit to have a daycare center. In addition, there is a blockwall proposed along the south property line. They can not expand in any form physically or on any type of program or service at this site without requesting for an expanded conditional use permit., A condition has been added that states that no modification of plans will be approved without a public hearing; no modification of services will be approved without a public hearing. Chairman Lowrey commented that in the area where he resides, there are two asian churches and these churches are all well kept, with no incense or burning problems and no parking problems. They are all well maintained and clean and have never been painted with graffiti and have been always great neighbors. He felt that this church will be an asset to the neighborhood and he was in favor of approving. Commissioner Ruiz agreed with staff's recommendation. Staff, in conjunction with the Traffic Engineer, architect, and attorney have studied and addressed every issue and problem on noise, odor, traffic, congestion, etc., with the exception of crime. A conditional use permit was earlier approved for a license to sell alcohol, but no one objected. Crime could be associated more with the sale of alcohol than with the establishment of a church irregardless of religion. If a neighbor would build a house and would enhance the neighborhood, he certainly would encourage it as it would ultimately increase the property value. If guidelines are to be followed, a church of any denomination may be established in any residential area as long as they meet the requirements of a conditional use permit. And as far as the requirements are concerned, they are all met in this proposal. He moved for the approval of conditional use permit 94-628. (MO) It was moved by Commissioner Ruiz, seconded by Commissioner Breen to approve Conditional Use Permit 94-268, subject to the amended conditions of approval. Before vote was taken; Commissioner Ortiz had some concern with the traffic flow and and he recommended a "Right Turn Only" post as the members exit from the gate with no left hand turns. Mr. Price instructed staff to draft a condition if it would work for this particular situation and to allow staff to modify it as needed. The condition would be on an experimental basis. lY~ • PC Minutes 3-20-95 Page 6 of 8. Commissioner Ortiz still had concerns with the lighting, posts and motion-detectors. Mr. Lyons responded that condition #6 and #12 will be modified requiring a lighting plan and a landscaping plan subject to the approval of the Planning Director. There being no further discussion, Conditional Use Permit 94-268 was approved, subject to the amended conditions of approval. Vote resulted: YES: LOI, RUIZ, LOWREY, BREEN, ORTIZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Lowrey ordered a five minute recess. Meeting resumed at 9:30 p.m. OTHER BUSINESS 9. EXTENSION OF CONDITIONAL USE PERMIT 87-392 - A request from Hari Alipuria for a conditional use permit extension for the on-site sale of beer and wine dba Chameli Restaurant, for property located at 8752 E. Valley Boulevard (cont'd. from 2-21-95 and 3-6-95). Mr. Lyons gave the staff memorandum with the recommendation for a three (3) years extension. Commissioner Ortiz asked the applicant about the use of the room upstairs and whether permits were issued for its use. Mr. Hari Alipuria firstly apologized for not being able to attend the last two meetings. He stated that the upstairs room is being used as storage and office and utilized' for banquets and meetings once or twice a month. Mr. Lyons responded that staff will go and investigate its status. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Ruiz, to extend Conditional Use Permit 87-392 for a period of three (3) years, subject to conditions I through 7. Vote resulted: YES: LOI, RUIZ, LOWREY, BREEN, ORTIZ NO: NONE ABSTAIN: NONE ABSENT: NONE PUBLIC HEARINGS (continued) 10. MUNICIPAL CODE AMENDMENT 94-03 (ADULT-ORIENTED BUSINESS) - Municipal Code Amendment (MCA) citywide that would add rules and regulations for the time, place and manner which adult-oriented businesses may operate. Mr. Holm gave the staff report with the recommendation to approve. The Commission congratulated staff for an excellent, professional presentation. All of the restrictions and main concerns were well discussed and addressed. PC Minutes 3-20-95 Page 7 of 8. Discussion by the Commission: Commissioner Loi expressed concern to the children who will be exposed to these types of businesses. He was recommending a restriction of 1,000 feet from schools and residences. Mr. Price responded that the addition of residences would be unconstitutional. Children will not be able to see anything from the street, since there will be some signage control and requirements for these type of businesses. Mr. Lyons stated that staff tried providing as much restriction as possible so as not to impact schools, residential areas, churches or the like. But the law mandates accepting this type of use. (MO) It was moved by Commissioner Breen, seconded by Commissioner Ortiz to approve Municipal Code Amendment 94-03 (Adult-Oriented Business). Vote resulted: YES: LOI, RUIZ, LOWREY, BREEN, ORTIZ NO: NONE ABSTAIN: NONE ABSENT: NONE OTHER BUSINESS 11. PC RESOLUTION 95-05 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF ZONE VARIANCE 94-269 TO CONSTRUCT A 262 SQUARE FOOT ADDITION WITHOUT PROVIDING AN ADDITIONAL PARKING SPACE. 12. PC RESOLUTION 95-06 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF MODIFICATION OF CONDITIONAL USE PERMIT 90-506 TO AMEND AN EXISTING CONDITIONAL USE PERMIT FOR THE PURPOSE OF ADDING 318 SQUARE FEET OF FLOOR AREA TO AN EXISTING TENANT SPACE. 13. PC RESOLUTION 95-07 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING APPROVAL OF MODIFICATION OF CONDITIONAL USE PERMIT 93-589 FOR THE PURPOSE OF AMENDING THE CIRCULATION, PARKING AND REDUCING THE SIZE OF THE EXISTING STRUCTURE (DBA BUDDHIST ORTHO-CREED ASSOCIATION). Mr. Price presented the resolutions by title only. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Ruiz, to waive further reading and adopt. Commissioner Ruiz requested that a separate vote be taken for PC Resolution 95-05. Vote resulted. YES: LOI, LOWREY, BREEN, ORTIZ NO: NONE ABSTAIN: RUIZ ABSENT: NONE Commissioner Ruiz' abstain vote was based on his last meeting's voting of No vote. PC Minutes 3-20-95 Page 8 of 8. Vote resulted for PC Resolution 95-06 and PC Resolution 95-07: YES: LOI, RUIZ, LOWREY, BREEN, ORTIZ NO: NONE ABSTAIN: NONE ABSENT: NONE 13. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter - None 14. MATTERS FROM CITY OFFICIALS AND STAFF A. Commissioner Loi reminded the Commission with forthcoming activities, namely, the grand opening and dedication of the Senior Housing and also the Commissioners' workshop. Chairman Lowrey reminded the Commission to call the Administration's Secretary for attendance. The Commissioners' workshop will be held on Saturday, April 22. B. Commissioner Ruiz informed the Commission on his non-attendance for the coming April 3rd meeting due to a work committment. C. Mr. Lyons encouraged the Commission to be in attendance for the re-organization on April 17th. D. Mr. Wagner commended the Commission on the public hearing regarding the Buddhist Temple. E. Mr. Price concurred with Mr. Wagner's comment on a very good meeting and he will inform Lisa Kravitz for an excellent job on the Adult Ordinance. F. Mr. Ortiz congratulated staff for the well documented presentations during tonight's public hearings. 15. ADJOURNMENT There being no other business to come before the Commission, the meeting was adjourned at 10:00 p.m. The next meeting will take place on April 3, 1995, at 7:00 p.m.