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PC - Item 3A - Minutes 8-15-11Minutes of the PLANNING COMMISSION MEETING August 15, 2011 The regular meeting of the Planning Commission was called to order by Vice -Chair Ruiz at 7:03 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Vice -Chair Ruiz INVOCATION - Commissioner Hunter ROLL CALL - Commissioners Herrera, Hunter, Saccaro, and Vice -Chair Ruiz ABSENT - Chair Eng OFFICIALS PRESENT: Community Development Director Wong, Planning Technician Casillas, Planning Intern Joaquin, Commission Secretary Lockwood 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Community Development Director Wong presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes - August 1, 2011 Commissioner Herrera made a motion, seconded by Commissioner Hunter, to approve the minutes of August 1, 2011 as presented. Vote resulted in: Yes: Herrera, Hunter, Saccaro No: None Abstain: Ruiz Absent: Eng 4. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT 11.08 - A and J Hot Point Restaurant has submitted a Conditional Use Permit application requesting approval for a new On -Sale Beer and Wine (Type 41) ABC license in conjunction with a bona fide public eating establishment, located at 8508 Valley Boulevard Unit C102, in the C-31) (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 11.16 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 11.08 FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR A & J HOT POINT RESTAURANT, LOCATED AT 8508 VALLEY BOULEVARD, UNIT C102, IN THE C -3D (MEDIUM -1- COMMERCIAL WITH A DESIGN OVERLAY) ZONE. Staff Recommendation - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Conditional Use Permit 11.08 and ADOPT Resolution No. 11.16 with findings, subject to thirty (30) conditions. Planning Technician Casilllas presented staff report. Vice -Chair Ruiz asked the Planning Commission if they had any questions for staff. Commissioner Saccaro asked staff if it will be possible for the restaurant to have outside seating in the future. Planning Technician Casillas replied at this time the restaurant is not asking for outside seating. She stated the potential for outside seating is there, however, the walkway is very narrow. Commissioner Saccaro asked staff if a condition of approval should be added to not allow consumption of alcohol outdoors if outside seating is requested in the future. Community Development Director Wong explained that the applicant is only applying (for on -sale consumption) to sell alcohol within the restaurant tonight. He also explained if the applicant would like to request outdoor dining in the future they would have to come back to the Planning Commission to amend this condition of approval. Commissioner Hunter stated that the Valley Shopping Center was very clean, but she is concerned that the trash container did not have a cover. Commissioner Herrera asked staff if the trash container will have a cover. Planning Technician Casillas replied the trash container is kept in an enclosed enclosure behind the building. Community Development Director Wong explained that staff will confirm that the trash enclosure is enclosed as needed. Vice -Chair Ruiz asked staff to clarify Condition of Approval number eight (8) and asked if inspections should be included. Planning Technician Casillas replied that this condition of approval references to that when the restaurant is open, the kitchen should also be open and operating as opposed to not serving food. Community Development Director Wong explained that condition of approval number eight (8) confirms that food will be sold in conjunction with the on -sale and consumption of alcohol. Vice -Chair Ruiz referred to Condition of Approval number seventeen (17) and asked staff why the applicant is being given an option to reduce the existing illumination levels. He stated that an option should not be given and he recommends that a family restaurant serving alcohol should stay well lit. Community Development Director Wong stated he agrees with Vice -Chair Ruiz that the restaurant should stay well lit. Vice -Chair Ruiz recommended that staff strike the last sentence in Condition of Approval number seventeen (17) which states, "Any request to reduce the existing illumination levels for the interior of the restaurant shall be approved by the City Planning Division ". -2- Commissioner Herrera asked staff if Condition of Approval number seventeen (17) was for the benefit of nearby residents. Planning Technician Casillas replied the intention of Condition of Approval number seventeen (17) was to prevent the restaurant from having a lounge atmosphere and that it stays well lit. Commissioner Herrera asked staff to clarify the purpose of Condition of Approval number seventeen (17) and asked if it should remain as is. Vice -Chair Ruiz explained that by striking the last sentence of Condition of Approval number seventeen (17) it assures that the restaurant will maintain an illumination level appropriate for a family restaurant and the applicant will not have the option of changing the existing illumination levels. Vice -Chair Ruiz asked if there were any more questions or comments for staff. None Vice -Chair Ruiz opened the Public Hearing and invited applicant to the podium Yunjing Hao, applicant/owner of A & J Hot Point Restaurant, stated that she is in agreement with the change of Condition of Approval number seventeen (17). She stated the restaurant serves Chinese food and will sell alcohol if approved tonight. She stated the restaurant does not have outside seating and is not planning to apply for it. She explained that the trash container does have a lid and is taken out four times a week for disposal. Vice -Chair Ruiz asked if there were any questions for the applicant None Community Development Director Wong asked the Planning Commission if Condition of Approval number thirteen (13) regarding the hours of operation were acceptable. Vice -Chair Ruiz stated that he would like to recommend that Condition of Approval number thirteen (13) state that the restaurant stops serving alcohol at 12:00 a.m., instead of 1:00 a.m., during the operating days of Sunday through Thursday. Community Development Director Wong confirmed the change of hours and stated if the Planning Commission is in concurrence of that agreement then the applicant should be asked to come up and give her approval of the change. Yungjing Hao, applicant/owner stated that business signs with business hours have already been made. Vice -Chair Ruiz stated the business hours are fine but the Planning Commission is recommending that alcohol not be sold after 12:00 a.m. He asked Yungjing Hao if she is in agreement to this recommendation. Yungjing Hao replied yes. Vice -Chair Ruiz asked if there were any more questions or comments. None Vice -Chair Ruiz closed the Public Hearing and asked for a motion. -3- Community Development Director Wong stated the Planning Commission this evening should adopt Resolution 11- 16 a Resolution of the Planning Commission of the City of Rosemead, County of Los Angeles, Sate of California, approving Conditional Use Permit 11 -08 for a new on -sale beer and wine (type 41) ABC License for A & J Hot Point Restaurant, located at 8508 Valley Boulevard, Unit C102, in the C -3D (medium commercial with a design overlay) zone, subject to the thirty (30) conditions and modifications to Conditions of Approval numbers thirteen (13) and seventeen (17). Commissioner Herrera made a motion, seconded by Commissioner Saccaro, to APPROVE Conditional Use Permit 11.08 and ADOPT Resolution No. 11.16 with findings, subject to the thirty (30) conditions. Vote resulted in: Yes: Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: Eng B. MODIFICATION 11.02 - David Ngo of Subway Restaurant has submitted an application to modify condition of approval number ten (10) from the previously approved Zone Variance 03.321 in order to extend the hours of operation for the restaurant, located at 3010 San Gabriel Boulevard, in the C -3 (Medium Commercial) zone. PC RESOLUTION 11.15 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING MODIFICATION 11- 02, FOR THE MODIFICATION OF CONDITION OF APPROVAL NUMBER TEN (10) RELATING TO THE HOURS OF OPERATION FOR THE RESTAURANT, LOCATED AT 3010 SAN GABRIEL BOULEVARD, IN THE C3 (MEDIUM COMMERCIAL) ZONE. Staff Recommendation - Based on the analysis and findings contained in this report, staff recommends that the Planning Commission APPROVE Modification 11 -02 and ADOPT Resolution No. 11 -15 with findings, subject to the ten (10) conditions. Planning Intern Jerome Joaquin presented staff report. Vice -Chair Ruiz asked if the Planning Commissioners had any questions for staff. Commissioner Herrera asked staff if he said there was an alteration to Condition of Approval number ten (10). Planning Intern Joaquin replied yes Condition of Approval number ten (10) from the previously approved Zone Variance 03 -321 which required the hours of operation to be limited from 10:00 a.m. to 10 p.m. and the applicant is requesting to operate the business in accordance to Subway's Franchise regulations from 6:00 a.m. to 12:00 a.m. Commissioner Saccaro asked staff if Starbuck's has restricted hours of operation. Community Development Director Wong replied no they do not. Commissioner Saccaro stated he understands that Jack -In- the -Box does not have restricted hours. He stated that it seems that the City of Rosemead's Municipal Code allows some businesses in the area without restricted hours and he asked staff why this business needs to have restricted hours. -4- Community Development Director Wong replied that this goes back to when the original Zone Variance was approved and it had hours of operation. He stated that staff did research on this but was unable to find out how it happened. He stated staff recommends that Condition of Approval number eight (8) regarding restricted hours be eliminated since other uses nearby do not have restricted hours of operation. Commissioner Saccaro replied he agrees and stated let's remove the restricted hours of operation and have it in accordance with the Municipal Code which allows other businesses in the area to not have restricted hours of operation. Commissioner Herrera asked staff why was there restricted hours of operation in the first place. Community Development Director Wong replied it can be a number of things but he does not have the history. He stated currently there are not any problems within the shopping center in regards to traffic, parking, or a crime, so having the Condition of Approval to regulate hours is not really necessary. Commissioner Hunter expressed that she thought the restrictions of hours of operation was due to parking concerns. She stated that businesses which would be opening earlier at 6:00 a.m., and then closing later would create parking concerns. Community Development Director Wong replied that with opening earlier and closing later you will have less demand for parking. He stated so it is not necessary to restrict the hours of operation. Commissioner Herrera commented, so it should not be an issue. Vice -Chair Ruiz stated that Subway is now serving breakfast and he concurs with Commissioner Saccaro that Condition of Approval number eight (8) should be eliminated. Vice -Chair Ruiz opened the Public Hearing and asked applicant to the podium. David Ngo applicant stated Subway is now trying to serve breakfast and there are about 27,000 nationwide stores and most open from about 6:00 - 7:00 a.m. He stated he is in also in favor with the Planning Commissions recommendation to eliminate the restricted hours of operation. He stated that they may request to be open 24 hours a day sometime in the future, but at this time they are not. Community Development Wong stated because the Zone Variance applies to the whole property, Condition of Approval number eight (8) should not be eliminated but amended to state, "The restricted hours of operation shall be waived, unless the use involves on -sale of alcohol beverages, then the hours of operation will be enforced ". He stated if it is a restaurant not serving on -sale of alcohol then staff is fine with eliminating the restricted hours of operation, but if a new business or restaurant serves on -sale alcohol then restricted hours of operation will have to be regulated. Vice -Chair Ruiz stated that Condition of Approval number eight (8) will not be eliminated and it will be amended to state," The restricted hours of operation shall be waived, unless the use involves on -sale of alcohol beverages, then the restricted hours of operation will be regulated." Vice -Chair Ruiz asked if there were any comments or questions. None Vice -Chair Ruiz closed the Public Hearing and asked for a motion -5- Community Development Director Wong stated that before a motion is made he would like to read Resolution 11 -15 a Resolution of the Planning Commission of the City of Rosemead, County of Los Angeles, State of California, Approving Modification 11 -02, for the Modification of Condition of Approval Number Ten (10) from the previously approved Zone Variance 03 -321 relating to the hours of operation for the Restaurant, located at 3010 San Gabriel Boulevard, in the C -3 (Medium Commercial) zone and to amend Condition of Approval number eight (8) to waive the restricted hours of operation unless the restaurant or use proposes the on -sale of beer and wine consumption of alcohol beverages then hours will be imposed. Commissioner Herrera made a motion, seconded by Commissioner Hunter APPROVE Modification 1102 and ADOPT Resolution No. 11.15 with findings, subject to the ten (10) conditions. Vote resulted in: Yes: Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: Eng Community Development Director Wong stated the decision made tonight by the Planning Commission is final unless appealed within 10 days to the City Council. 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Commissioner Hunter stated that a property on Walnut Grove Avenue and Fern Street has been vacated and was left in bad condition. She requested staff look into it. Community Development Director Wong stated staff will follow -up with Code Enforcement. Commissioner Herrera asked staff whose responsibility is it when it comes to maintaining the parkway in front of residential homes and who enforces it to be maintained. Community Development Director Wong replied it is the responsibility of the adjacent property owner to maintain it. Commissioner Herrera asked if Code Enforcement should be called if it is not being maintained. Community Development Director Wong replied yes Code Enforcement can be contacted or staff can follow up if the address if provided. Vice -Chair Ruiz welcomed Planning Intern Jerome Joaquin to the City of Rosemead. 6. MATTERS FROM STAFF None 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, September 19, 2011, at 7:00 p.m., due to City Hall being closed on September 5, 2011 for the Labor Day Holiday. WIS ATTEST: Rachel Lockwood Commission Secretary Victor Ruiz Vice -Chair 7-