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PC-10-03-05CITY OF ROSEMEAD PLANNING COMMISSION REGULAR MEETING MINUTES October 3, 2005 CALL TO ORDER: The regular meeting of the City of Rosemead Planning Commission was called to order by Chairman Loi at 7:00 p.m. in the council chambers of the Rosemead City Hall at 8838 East Valley Boulevard, Rosemead. Commissioner Loi led the Pledge of Allegiance. Commissioner Lopez delivered the invocation. ROLL CALL: PRESENT: Chairman Loi, Commissioners Breen, Herrera, Kelty and Lopez ABSENT: None EX OFFICIO: Bermejo, Johnson and Tone 1. APPROVAL OF MINUTES Minutes of September 19, 2005 MOTION BY COMMISSIONER BREEN, SECONDED BY COMMISSONER LOPEZ, that the minutes of the City of Rosemead Regular Planning Commission Meeting of August 19, 2005, be APPROVED as submitted. Vote results: YES: BREEN, HERRERA, KELTY, LOI and LOPEZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Loi declared said motion duly carried and so ordered. 2. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Planning Director Johnson explained the public hearing process and the right to appeal Planning Commission decisions to the City Council. 3. PUBLIC HEARING A. CONDITIONAL USE PERMIT 05 -1021 - 8772 Valley Boulevard (Pho King Restaurant) Angel Liu , of Pho King Restaurant, has submitted a conditional use permit application for a new On -Sale Beer and Wine (Type 41) ABC license for a bona fide public eating establishment, located in the C3 -D (Medium Commercial in a Design Overlay) Zone. Presentation: Assistant Planner Sherri Bermejo Staff Recommendation: APPROVE- subject to the conditions listed in "Exhibit A" for six (6) months. Chairman Loi called for questions from the Commissioners. Chairman Loi questioned the adequacy of parking for the restaurant. Planning Assistant Bermejo reviewed parking plan. Applicant(s): In the audience. Chairman Loi opened the public hearing to those IN FAVOR of this application. Raul Pardo, 8772 Valley Boulevard, represented the applicant. Mr. Pardo asked if the Commissioners had received the letter the applicant had prepared for them. Planning Assistant Bermejo noted that the letter is Attachment B to the Staff Report. Mr. Pardo said that the applicant is a new owner of the business and that the past history of the property should not reflect negatively on the new owner. He further stated that they are only applying for a liquor license and do not feel that all the conditions of approval are appropriate under the circumstances. The applicant does not want to remove the karaoke machine which they are using as a public address system. The applicant also wishes to retain the parquet dance floor because they may wish to apply for an entertainment license eventually. Also, Mr. Pardo said the applicant does not wish to move the service counter into the kitchen as this would be very expensive and the counter is currently used by clients when seminars are conducted in the dining room. He further stated that he could not understand the requirement to remove the lotto machine. Planning Director Johnson said that during his inspection of the property he noted that the karaoke machine is set up for use as a karaoke machine and not a public address system. He recommended that the conditions of approval remain unchanged because the physical layout of the building lends itself to the same type of problems that occurred in the past. Barrish Balin, a business associate of the applicant, stated that the applicant is willing to remove the karaoke machine and replace it with a computer. He said the applicant is still reluctant to remove the stage and parquet dance floor because they may want to apply for an entertainment license eventually. Commissioner Kelty said that if Ms. Lui, the owner, would assure the Commissioners that the service counter would be used only for wine and beer, the parquet floor would not be used for dancing and the stage used only for seminar speakers he would be willing to consider deleting Conditions 23 and 27 and add a new condition requiring the modification of the karaoke system to a presentation room. Planning Director Johnson said that staff recommends that the conditions remained unchanged to reduce the possibility of reoccurrence of the very serious problems experienced in the past. Public hearing was opened to those who wished to OPPOSE the application: None. There being no one further wishing to address the Commission; Chairman Loi closed the public hearing segment for this project. MOTION BY COMMISSIONER KELTY, SECONDED BY COMMISSIONER BREEN to APPROVE Conditional Use Permit 05 -1021, subject to conditions listed in "Exhibit A" except Conditions 23 and 27. Vote results: YES: BREEN, HERRERA, KELTY, LOI AND LOPEZ NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Loi declared said motion duly carried and so ordered. B. TENTATIVE TRACT MAP 061523 /CONDITIONAL USE PERMIT 04 -968 — 9129 Valley Boulevard. Chin -Yuen Chen has submitted an application for a Tentative Tract Map to subdivide three (3) existing parcels for the development of a mixed -use residential and commercial project consisting of two (2) buildings. Building "A" consists of 9,103 square feet of office and restaurant uses and Building `B" consists of sixteen (16) condominium units totaling 22,426 square feet above 11,098 square feet of office. Staff Recommendation: CONTINUE to October 17, 2005. C. TENTATIVE TRACT MAP 063143/ZONE CHANGE 05- 219 /ZONE VARIANCE 05 -332 (DEVELOPMENT CONCEPT PLAN) — 4433 Walnut Grove Avenue. Ivan K. Ho has submitted an application for a Tentative Tract Map subdivision for eight (8) detached condominium units with a common driveway. The applicant is also requesting a Zone Change from R -1 (Single Family Residence) to R -3 (Medium Multi - Family Residence) zone and a Zone Variance to deviate from the minimum required side yard setback. Presentation: Planning Director Johnson presented the staff report. Staff Recommendation: APPROVE- subject to the conditions listed in "Exhibit A" for two (2) years. Chairman Loi asked for questions from the Commissioners. None Applicant(s): In the audience. Chairman Loi opened the public hearing to those IN FAVOR of this application. Simon Lee, the architect for the project, represented the applicant. Mr. Lee briefly described the project and offered to answer any questions for the Commissioners. Public hearing was opened to those who wished to OPPOSE the application: Ms. Dana Cevalis, 4102 Bartlett Avenue, asked if the units had yards. Commissioner Kelly showed her where the plans showed yards for each unit. There being no one further wishing to address the Commission; Chairman Loi closed the public hearing segment for this project. MOTION BY COMMISSIONER HERRERA, SECONDED BY COMMISSIONER LOPEZ, to APPROVE Tentative Tract Map 063143 /Zone Change 05- 219 /Zone Variance 05 -332, subject to conditions listed in "Exhibit A ". Vote results: YES: BREEN, HERRERA, KELTY, LOPEZ AND LOI NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Loi declared said motion duly carried and so ordered. 4. 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. A. RESOLUTION 05 -42 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 05 -1020, FOR AN ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH AN EATING ESTABLISHMENT, LOCATED AT 9544 VALLEY BOULEVARD, IN THE C -31) (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. (APN: 8593 - 002 -038). B. RESOLUTION 05 -43 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING ZONE CHANGE 05 -220, TO CHANGE THE CURRENT R -2 (LIGHT MULTI - FAMILY RESIDENTIAL) ZONE TO THE PD (PLANNED DEVELOPMENT) ZONE; AND PLANNED DEVELOPMENT REVIEW 05 -01 (CONCEPTUAL), FOR THE DEVELOPMENT OF A SIX (6) UNIT CONDOMINIUM TRACT MAP SUBDIVISION WITH A COMMON DRIVEWAY, LOCATED AT 8440 -8444 DOROTHY STREET. (APN: 5288- 003 -040, -041, -042). C. RESOLUTION 05 -44 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING DESIGN REVIEW 05 -130, FOR THE CONSTRUCTION OF A NEW LANDSCAPED PARKING LOT, LOCATED AT 8951 -8959 VALLEY BOULEVARD IN THE CBD -D (CENTRAL BUSINESS DISTRICT WITH A DESIGN OVERLAY) ZONE. (APN's: 5391-012-036,-037,-038). D. RESOLUTION 05 -45 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA APPROVING CONDITIONAL USE PERMIT 05 -1019 AND ZONE VARIANCE 05 -335 FOR THE ADDITION OF A SECOND STORY 558 SQUARE FOOT SECONDARY UNIT AND THE REDUCTION OF THE REQUIRED SIDE YARD AND REAR YARD SETBACK, LOCATED AT 3879 NORTH DELTA AVENUE IN THE R -1 (SINGLE FAMILY RESIDENTIAL) ZONE (APN 5371- 005 -028). Chairman Loi presented the resolutions by title only. MOTION BY COMMISSIONER LOPEZ, SECONDED BY COMMISSIONER BREEN, to waive further reading and adopt said resolutions. Vote results: YES: BREEN, HERRERA, KELTY, LOPEZ and LOI NO: NONE ABSTAIN: NONE ABSENT: NONE Chairman Loi declared said motion duly carried and so ordered. 5. ORAL COMMUNICATION FROM THE AUDIENCE Ms. Dolly Leong, 8455 Mission Drive, said that Planned Development Review 94 -7 (Modification) was approved on July 6, 2004, subject to conditions, according to the minutes of that meeting. She stated that Condition Number 9 says that violation of the conditions will result in a citation and the initiation of revocation proceedings. Ms. Leong claims that to date the conditions have not been met by the property owner and she asked for the status of this case. Planning Director Johnson advised that this is an ongoing Code Enforcement case that has been referred to the City Attorney. Ms. Barbara Delory, 4030 Bartlett Avenue, asked for the status of the Valley Hotel case. She described several incidents of illegal activity and the overall poor condition of the property. Ms. Delory said the neighbors are most concerned about the type of clientele the hotel attracts. She also displayed pictures of the trash enclosures and mentioned that the street sweeper cannot gain access to clean the street at the Valley Hotel because of low hanging branches. Planning Director Johnson said that city staff has met with the owners of the hotel and their attorney and set conditions for compliance. The hotel owner has begun clean up and remodeling. They are also required to develop a new landscaping plan. He further noted that the city will continue to follow up on the situation. Ms. Dana Cevalis, 4102 Bartlett Avenue, said she also lives behind the Valley Hotel and she described several incidents of illegal activity and said that she has been threatened for reporting these incidents to the Sheriff's Department. Planning Director Johnson said that the city will continue to work with the property owner and their legal representative until the situation is satisfactorily resolved or until the business is closed. 6. MATTERS FROM CITY OFFICIALS AND STAFF Planning Director Johnson announced that Nancy Valderrama, City Clerk, will retire at the end of this month. He also said that the City Council will set a date for the special recall election at their October 11 meeting. Planning Director Johnson said that the notice for the re- hearing on the Wal -Mart Environmental Impact Report scheduled for December 13 have been mailed and posted. He further explained that the purpose of the re- hearing was to review alternate city sites appropriate for Wal -Mart. ADJOURNMENT There being no other business to come before the commission, the meeting was adjourned at 8:50 p.m. B WJ /BT