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PC - Minutes 10-04-82CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING OCTOBER 4, 1982 MINUTES 1. CALL TO ORDER - The regular meeting of the Planning Commission of the City of Rosemead was called to order by Chairman Ritchie at 7:30 p.m., in the Council Chambers of Rosemead City Hall, 8838 Valley Boulevard, Rosemead, California. The Pledge of Allegiance was led by Commissioner Lowrey. The Invocation was delivered by Commissioner Schymos. 2. ROLL CALL - Present: De Cocker, Schymos, Ritchie, Lowrey, Mattern Absent:. None Ex Officio: Kress, Dickey, Carmona, de Zara 3. APPROVAL OF MINUTES - Regular Meeting, September 20, 1982 Commissioner De Cocker requested that Condition No. 10 on Page Two be amended to read as follows: "The applicant shall sign an affidavit of agreement to the above conditions within ten (10) days of the date of approval. All conditions shall be complied with within 60 days." Commissioner Mattern requested that the Roll Call Vote on Item No. 3, Page One be amended to ieflect.that all votes cast were "ayes". There being no objections by the Commission,the amendments were so ordered. It was moved by Commissioner Mattern, seconded by Commissioner Schymos, to approve the Minutes of September 20, 1982 as amended. ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Lowrey, Mattern Noes: None 4. ORAL COMMUNICATIONS FROM THE AUDIENCE - On items not on the Agenda Chairman Ritchie asked if anyone'present wished to address the Commission. No one came forward. PUBLIC HEARINGS 5. PARCEL MAP 14755: Request by Anthony and Emma Cappuccio for the subdivision of an existing lot, located at 2506 Kelburn Avenue, into two separate lots. Chairman Ritchie stated that a memorandum recommending continuance of this matter had been submitted by staff. Mr. Carmona stated that the necessary information had been submitted by the applicant, and recommended a continuance until October 18, 1982. There being no objections by the Commission, Chairman Ritchie continued this hearing to the next regular meeting, October 18, 1982. 6. CONDITIONAL USE PERMIT 82-249: Request by Ty Huynh for the continued sale of alcoholic beverages in conjunction with an existing.mini-market, known as "Tanya's Mini Market", and located at 7705 East Garvey Avenue, Rosemead, California. The staff report dated September 16, 1982 was presented by Mr. Carmona. During his presentation, Mr. Carmona stated that there were no incidents.on file with the Sheriff's Department. A recommendation for conditional approval was made. Chairman Ritchie opened the public hearing at 7:42 p.m. Seeing no one wishing to address the Commission, the public hearing was closed accordingly. Commissioner Mattern inquired if this was a transfer of an existing license or -a continued use. Mr. Carmona.stated that this was a transfer of an existing license, to a new owner. Planning Commission Minutes Regular Meeting - October 4, 1982 Page Two APPLICANT: Ty Huynh 900 Lucille Avenue Los Angeles, California 90026 Mr. Huynh stated that he was the applicant. He also answered various questions by the Commission with regard to hours and days of operation, sales of alcoholic beverages to minors, possible structure modifications to the inside of the store and the type of products that will be sold. The applicant also answered questions regarding the use of the trash bins provided on the site and availability of off-street parking for the customers. In response to a question regarding video games on the premises, Mr. Huynh stated that he did not intend to install any coin-operated games on the premises, since space inside the structure is limited. There was then a discussion by the Commission regarding the designation of two parking spaces for use by market customers only, possible limitation of hours of operation from 7:00 a.m. to 10:00 p.m., the granting of this conditional use permit for a one-year period, the amendment of. Condition No. 5 to prevent covering of more than 15%.of the windows, the illumination of the inside of the market at all times to provide clear visibility to law enforcement officers, and the availability of trash bins for the market's use. Chairman Ritchie reviewed the amended and proposed conditions of approval as follows: Amended Condition No. 3, "This conditional use permit shall be granted for a period of one (1) year at which time it may be reviewed for renewal by the Planning Commission without the benefit of a public hearing." Amended Condition No. 5, "Windows shall remain clear and unobstructed providing that no more than 15% of any window may be covered by signs or any other obstruction. A night light of sufficient wattage shall be installed.to illuminate the inner-most portion of the business at all times, and meet to the satisfaction of the Director of Planning." Conditions proposed for addition were: 8. Two parking spaces shall be designated for mini-market use only, by signs two square feet in size, assigning the parking spaces, to the satisfaction of the Director of Planning. 9. Hours of operation shall not exceed 7:00 a.m. to 10:00 p.m. Chairman Ritchie called a recess at 8:20 p.m. The meeting reconvened at 8:27 p:m. The discussion continued and Commissioner Schymos expressed his concern with the close proximity to Garvey School. In addition, he stated that he did not believe that this application met with the required findings for approval in that it was not necessary for the public convenience, and it's close location to a school would prove detrimental to the surrounding properties and citizens. He expressed his support of a denial of-this request. Commissioner Mattern stated his support of Commissioner Schymos' opinion. Chairman Ritchie expressed his disagreement with Commissioners Schymos and Mattern, as did Commissioners De Cocker and Lowrey. It was moved by Commissioner Schymos, seconded by Commissioner Mattern, to deny Conditional Use Permit 82-249 on the basis that the request did not meet the required findings for approval. ROLL CALL VOTE - Ayes: Schymos, Mattern Noes: De Cocker, Ritchie, Lowrey Chairman Ritchie declared the motion failed and called for another motion. Planning Commission Minutes Regular Meeting - October 4, 1982 Page Three It was moved by Commissioner Lowrey, seconded by Commissioner De Cocker, to approve Conditional Use Permit 82-249, subject to Conditions 1 through 9, as amended. ROLL CALL VOTE- Ayes: De Cocker, Lowrey, Ritchie Noes: Schymos, Mattern Chairman Ritchie stated that the motion had been carried. OTHER BUSINESS 7. MODIFICATION TO SECTION 8110: Request by Benito Figueroa for a waiver of the sidewalk requirement for property located at 9544 Steele Street, Rosemead, California. (Continued from September 7, 1982) The memorandum dated September 27, 1982 was presented by Mr. Carmona and the recommendation for denial of the request was made. It was moved by Commissioner Lowrey, seconded by Commissioner Mattern, to deny the request for a waiver of the installation of sidewalks at 9544 Steele Street, Rosemead, California. ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Lowrey, Mattern Noes: None 8. PC RESOLUTION 82-29 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE PERMIT 82-248 FOR THE CONTINUED SALE OF ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 9119 EAST GARVEY AVENUE, ROSEMEAD, CALIFORNIA. Mr. Kress read the resolution by title only. It was moved by Commissioner De Cocker, seconded by Commissioner Lowrey, to waive :further reading and adopt.•PC Resolution 82-29. ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Lowrey, Mattern Noes: None 9. PC RESOLUTION 82-30 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL APPROVAL OF PARCEL MAP 15276. (A ONE-LOT SUBDIVISION INTO TWO SEPARATE PARCELS.) 'Mr. Kress read the resolution by title only. It was moved by Commissioner Lowrey, seconded by Commissioner De Cocker, to waive further reading and adopt PC Resolution 82-30. ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Lowrey, Mattern Noes: None 10. ORAL COMMUNICATIONS FROM THE AUDIENCE - On any matter Yong Chung 9119 East Garvey Avenue Rosemead, California 91770 Mr. Chung stated that he had submitted a letter to staff regarding the conditions of approval contained in PC Resolution 82-29. Further, he stated that he wished to request a modification of Conditions 6 and 8. He stated that he did not wish to have the lights in the parking area turned on and off by photo electric devices and timers because it was his intention to leave the lights on all night to en- hance the security around the building and allow the police greater visibility into the rear portion of the parking area. He also requested that the store be allowed to remain open until 10:00 p.m. on Friday and Saturday nights only. There was a discussion by the Commission regarding the requested modifications. It was the consensus of the Commission to delete a portion of Condition No. 6 requiring the installation of a timer to turn off the lights one hour after closing. Condition No. 6 was modified as follows: 6. Flood lights shall be installed on the west wall to illuminate the driveway and two other lights shall be installed on the rear of the building. All lights shall be operated from dusk to dawn and shall be controlled by photo electric devices. Planning Commission Minutes Regular Meeting - October 4, 1982 Page Four It was the opinion of the Commission that this would prevent the possibility that employees would forget to turn the lights on and off. The Planning Commission also agreed to modify Condition No. 8 as follows: 8. Hours of operation - not to open before 6:00 a.m. or close after 10:00 p.m. It was agreed that this modification would be acceptable, since it was•the ,intention of the Commission to provide a suitable time frame for hours of operation. There being no further discussion, staff was directed to amend PC Resolution 82-29 as requested by the Planning Commission. There was then a discussion regarding the necessity of re-adopting the subject resolution. The Commission was advised by Mr. Kress that this would not be necessary. Mrs. Margarita Figueroa 9544 Steele Street Rosemead, California 91770 Mrs. Figueroa asked when the sidewalk installation-:required by Section 8110 would have to be completed. Mr. Dickey and Mr. Carmona stated that the sidewalks would have to be installed prior to final inspection and occupancy clearance. 11. MATTERS FROM CITY OFFICIALS AND STAFF A. Commissioner Lowrey requested that staff advise applicants to bring interpreters to. public hearings if they are not fluent in English. B. Chairman Ritchie asked that the Deep Lot Ordinance and Flag Lot Ordinance be placed on the list of items for Planning Commission consideration. He also requested that Ms. Christian be present at that study session. C. Chairman Ritchie asked Mr. Dickey who would be assessed for the street improve- ments to be installed on Rio Hondo Avenue. Mr. Dickey stated that the property owners will be responsible for payment. D. Chairman Ritchie requested that minutes submitted to the Planning Commission contain a summary of discussions and actions on each item considered by the Commission. E. Commissioner Schymos discussed the provisions of Section 8110 and the proposed amendment raising the trigger amount`from $2;000 to $10,000. Also considered in this discussion was the average amount for installation of a sidewalk. 12. ADJOURNMENT There being no further business to come before the Commission, Chairman Ritchie adjourned the meeting at 9:15 p.m. to the study session scheduled for October 6, 1982, at 6:00 p.m.