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PC - Minutes - 11-07-11Minutes of the PLANNING COMMISSION MEETING November 7, 2011 The regular meeting of the Planning Commission was called to order by Chair Eng at 7:00 p.m., in the Council Chambers, 8838 E. Valley Boulevard, Rosemead, California. PLEDGE OF ALLEGIANCE - Commissioner Herrera INVOCATION - Chair Eng ROLL CALL - Commissioners Herrera, Hunter, Saccaro, Vice -Chair Ruiz, and Chair Eng ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Acting Development Director Ramirez, City Planner Bermejo, Assistant Planner Trinh, Planning Intern Joaquin, and Commission Secretary Lockwood 1. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS Greg Murphy, City Attorney, presented the procedures and appeal rights of the meeting. 2. PUBLIC COMMENTS FROM THE AUDIENCE None 3. CONSENT CALENDAR A. Approval of Minutes - October 3, 2011 Commissioner Hunter made a motion, seconded by Commissioner Herrera, to approve Minutes of October 3, 2011 as presented. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None 4. PUBLIC HEARINGS A. DENIAL OF MODIFICATION 11.03 - On October 3, 2011, staff requested continuance of the public hearing for Modification 11.03 because, after the agenda was noticed and before the public hearing, information was received that indicated that the San Fernando Music School operations may not be in compliance with the conditions of approval for Conditional Use Permit No. 07 -1095 (the "Existing CUP "). Code Enforcement staff had begun investigating the case on September 28, 2011 in response to the information received by the Planning Division. After the public hearing was continued on October 3, 2011, further investigation 1 was completed by Code Enforcement. PC RESOLUTION 11 -23 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DENYING MODIFICATION 11.03, A REQUEST TO EXPAND THE EXISTING SAN FERNANDO MUSIC SCHOOL INTO UNIT 2251 WITHIN THE COMMERCIAL CENTER, LOCATED AT 2245.2409 SAN GABRIEL BOULEVARD IN THE C -3 (MEDIUM COMMERCIAL) ZONE. Staff Recommendation - In light of the Code Enforcement investigation, staff is unable to recommend approval of Modification 11 -03, since the Existing CUP is not in compliance. For this reason, it is recommended that the Planning Commission DENY Modification 11.03 and ADOPT Resolution No. 11 -23. Assistant Planner Trinh presented staff report. Chair Eng asked if the Planning Commissioners had any questions for staff. Commissioner Herrera asked staff what is Resolution No. 11 -23. Assistant Planner Trinh replied it is the Resolution Number that is being adopted to deny Modification 11- 03. Chair Eng asked staff if the applicants request is to serve the existing students or additional students. Assistant Planner Trinh replied the applicant is requesting an expansion for the existing electric guitar students. Chair Eng asked staff how long the school has been in operation. Assistant Planner replied since the year of 2007. Chair Eng asked staff when the Conditions of Approval were written. Assistant Planner Trinh replied on December 3, 2007, Chair Eng asked staff when Code Enforcement started to cite the business for violations. Assistant Planner Trinh replied that Code Enforcement started their investigation for Unit Number 2049 on September 28, 2011. Chair Eng asked staff to clarify a citation in the staff report that is dated February of 2011. Assistant Planner Trinh replied that citation is for the unit across the street at 2408 San Gabriel Boulevard. Chair Eng asked if there are any more questions for staff. None Greg Murphy, City Attorney, stated this Public Hearing item was continued open from the Planning Commission meeting held on Monday, October 3, 2011 until tonight's meeting. He also recommends that additional Public Comment be accepted tonight, with applicant being asked to speak first. Chair Eng stated this item has been continued open from the October 3, 2011 Planning Commission meeting for Public Comment and asked applicant to the podium. Yoel Dan, applicant, stated staff has been very helpful and gave a brief history of how this location for his business came to be. He stated that he understands he needs to move to another location that will meet the parking requirements and requested that this application be withdrawn. He also expressed that he would like to keep his business in Rosemead and is currently looking for another location in the city. Chair Eng thanked Yoel Dan for taking the time to set up a music school and expressed gratitude for wanting to keep his business in the City of Rosemead. Yoel Dan, applicant, stated that he has been in the business for over 33 years and that he has existing schools in other cities. He stated he will work with staff and would like to stay in Rosemead. Assistant Planner Trinh stated the four locations he has inquired about with staff are not in the City of Rosemead. Chair Eng confirmed with Yoel Dan if he is looking for locations here in Rosemead and that he plans to stay in Rosemead. Yoel Dan, applicant, replied yes, if he can find a location Chair Eng stated the Garvey School District has had to close a few school due to the economy and is now renting the schools out as a facility use. She also recommended that Yoel Dan contact the Garvey School District and inquire on the availability of using one of the schools facilities for his new location. Yoel Dan replied he will contact the Garvey School District and asked for the contact information. Chair Eng stated she will give the contact information to staff and recommended that Yoel Dan continue to work with staff. She asked Greg Murphy, City Attorney, what action he recommends that the Planning Commission take. Greg Murphy, City Attorney, stated that the applicant may withdraw this application right now or the Planning Commission may make a motion for a Denial. Yoel Dan, applicant, stated he would like to withdraw his application. Chair Eng stated the applicant has decided to withdraw his application, so a motion for Denial of Modification 11 -03 will not be necessary. Yoel Dan, applicant asked the Planning Commission if it would be possible to receive a refund for fees that were required to process his application. 3 Chair Eng confirmed with staff and replied unfortunately he would not be able to get a refund and explained that staff and other agencies have already invested a lot of time to process this application. Greg Murphy, City Attorney, stated for the record, no action is necessary because the applicant withdrew the application during the Public Hearing and, asked Chair Eng to close the item. Chair Eng stated item 4A. Denial of Modification 11 -03 is now closed. CONDITIONAL USE PERMIT 11 -12 - Shaanxi Gourmet 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 eating establishment, located at 8518 West Valley Boulevard, Unit 101.102, in the C -3D (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 11.24 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 11.12 FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR SHAANXI GOURMET RESTAURANT, LOCATED AT 8518 VALLEY BOULEVARD, UNIT 101 -102, IN THE C -3D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. Staff Recommendation - Based on the analysis and findings contained in this report, it is recommended that the Planning Commission APPROVE Conditional Use Permit 11.12 and ADOPT Resolution No. 11-24 with findings and subject to the twenty -nine (29) conditions. Planning Intern Joaquin presented staff report. Chair Eng asked if the Planning Commissioners had any questions for staff. 10 1 Chair Eng asked staff how may ABC licenses does the City have in the particular shopping center. Planning Intern Joaquin replied that there is only one for A &J Hot Point restaurant. Chair Eng confirmed with staff that A &J Hot Point was just recently approved by the Planning Commission. Planning Intern Joaquin replied that is correct. Chair Eng asked staff what hour's alcohol is being served at the A &J Hot Point restaurant. Planning Intern Joaquin replied the hours of operation for A &J Hot Point are 12:00 p.m. to 11:00 p.m., Sunday through Thursday and 12:00 p.m. to 1:00 a.m., Friday through Saturday. He also stated alcohol may not be sold after 12:00 midnight. rd Chair Eng stated she would like the serving of alcohol to be consistent in this plaza and recommended to the Planning Commission that alcohol not be served prior to noon and not be sold after 12:00 midnight. She also asked if there were any additional questions for staff. None Chair Eng opened the Public Hearing and invited the applicant to the podium. Lisa Quan, applicant, stated she is available to answer any questions. Chair Eng asked Lisa Quan to clarify the hours of operation because the staff report states from 10:00 a.m. to 10:00 p.m. daily, but she visited the site and the business card at the restaurant stated the business hours are from 10:00 a.m. to 2:00 a.m. Lisa Quan replied that she had spoken with'the owner and was told that the business card had been previously printed. She stated that the hours of operation have recently changed. She stated that she is not sure if they should accept the Conditions of Approval tonight and asked the Planning Commission if the restaurant wanted to modify the hours of operation would it possible to be done tonight or will we have to request it at a later time. Chair Eng replied because the business is operating under a Conditional Use Permit with an ABC license the Planning Commission would like to make sure your business hours reflect your business needs. Lisa Quan asked the Planning Commission if it would be possible to modify the hours of operation tonight. Chair Eng replied yes, the hours can be changed tonight if they are the appropriate hours for your business. Lisa Quan confirmed with the Planning Commission that the serving of alcohol may not be done before 12:00 noon and cannot be served after 12:00 midnight with the restaurant closing at 1:00 am. Chair Eng replied yes, that is what was permitted for the A &J Hot Point restaurant in that plaza. She stated if the Planning Commission is in agreement that is what she recommends for this restaurant also. She asked Lisa Quan if she would like to change the hours of operation for the restaurant to open at 10:00 a.m. and close at 1:00 a.m. Lisa Quan replied yes she would like to change the hours. Greg Murphy, City Attorney stated if it is the will of the Planning Commission it can be done after the closing of the Public Hearing. He stated a Condition of Approval can be revised. Commissioner Hunter confirmed that the restaurant would be open until 1:00 a.m. and the serving of alcohol will stop at 12:00 midnight. Chair Eng replied that is correct. She also asked if there were any other additional comments or questions. None Chair Eng closed the Public Hearing Vice -Chair Ruiz confirmed that Chair Eng is recommending that the hours of operation will be the same as A &J Hot Point restaurant. Chair Eng stated what she is recommending is the same hours as A &J Hot Point restaurant for serving alcohol. Vice -Chair Ruiz asked Chair Eng what the hours of operation for the previous restaurant were Planning Intern Joaquin replied the hours of operation for AU Hot Point are 12:00 p.m. to 11:00 p.m., Sunday through Thursday and 12:00 p.m. to 1:00 a.m., Friday through Saturday. Vice -Chair Ruiz stated he recommends that this restaurant have the same hours of operation as A &J Hot Point restaurant. He stated it will be fair to have the same hours of operation for both restaurants and security will be shared by both. Commissioner Hunter stated the applicant may not want the same operating hours as the A &J Hot Point restaurant. Commissioner Herrera stated she agrees with Commissioner Hunter Chair Eng stated this request is to serve alcohol and recommends that hours for serving the alcohol be consistent with the other restaurant. She stated she agrees with Commissioner Hunter and the hours of operation should be at the applicant's needs. She asked the Planning Commission if they are all in agreement that the restaurant serve alcohol beginning at 12:00 p.m. and stop serving alcohol at 12:00 midnight. Commissioner Saccaro stated if that is consistent with what has been approved in the past, he is in agreement. Greg Murphy, City Attorney, stated that staff modifies Condition of Approval number thirteen (13) to state, "The hours of operation should be posted in the front window or door, and hours of operation shall be limited to 10:00 a.m. to 1:00 a.m. daily. Alcohol shall only be served from 12:00 noon to 12:00 midnight and shall not be permitted when the restaurant's kitchen is closed." Chair Eng asked Lisa Quan, applicant, if the amended Condition of Approval is acceptable to her Lisa Quan, applicant, replied yes it is acceptable. Chair Eng asked if the Planning Commission if there were any other questions or comments None Chair Eng asked for a motion C Commissioner Herrera made a motion, seconded by Commissioner Hunter, to APPROVE Conditional Use Permit 11 -12 and ADOPT Resolution No. 11.24 with findings and subject to the twenty -nine (29) conditions. Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None C. REVOCATION OF CONDITIONAL USE PERMIT (CUP 05 -1014 AND PLANNING COMMISSION RESOLUTION 5 -39) - On September 19, 2005, the Rosemead Planning Commission approved Resolution 05 -39 that approved Conditional Use Permit 05.1014 for the construction of a 2,000± square -foot, multiple tenant, retail building located at 3328 Del Mar Avenue, in the C -3 (Medium Commercial) zone. The building was approved in accordance with Rosemead Municipal Code (RMC) regulations for mini -mall developments. The building construction was completed on April 19, 2011. Dr. Wally Hui purchased the property on June 24, 2011 for the purpose of using the entire commercial development as a dental office. Furthermore, the City issued building permits on June 28, 2011 to consolidate the mini -mall development into a single occupant, dental office. On September 13, 2011, Dr. Hui submitted a letter requesting that Conditional Use Permit 05 -1014 be revoked to ensure that the permit becomes null and void and will have no effect on his property, since the RMC does not require conditional use permits for medical office buildings. Staff concurs with Dr. Hui and recommends revocation of the existing Conditional Use Permit. PC RESOLUTION 11.22 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING THE REVOCATION OF CONDTIONAL USE PERMIT (CUP 05 -1014 AND PLANNING COMMISSION RESOLUTION 05 -39), WHICH ALLOWED THE ESTABLISHMENT OF A MINI -MALL DEVELOPMENT AT 3328 DEL MAR AVENUE. Staff Recommendation - It is recommended that the Planning Commission ADOPT Resolution No. 11 -22 APPROVING the revocation of Conditional Use Permit (CUP 05 -1014 and Planning Commission Resolution 05 -39). City Planner Bermejo presented staff report. Greg Murphy, City Attorney stated the matter before the Planning Commission is a friendly revocation, with the property and business owner requesting this be done. He stated the Municipal Code does not allow the property owner to abandon or relinquish a Conditional Use Permit and he explained there are only two ways that can apply to this property. He stated one way is non -use of the property for six (6) months, which would harm the business, or the second way is being inconsistent with the conditions of approval which could lead to Code Enforcement citations. He stated that neither options are favorable and that is why the Revocation process is taking place. 7 Chair Eng thanked Greg Murphy, City Attorney, for the explanation. She asked the Planning Commission if they had any questions. None Chair Eng stated she will now open the Public Hearing and asked if there was anyone wishing to speak on this item. ►� Chair Eng closed the Public Hearing and asked for a motion. Commissioner Herrera made a motion, seconded by Vice Chair Ruiz, to ADOPT Resolution No. 11- 22 APPROVING the revocation of Conditional Use Permit (CUP 05.1014 and Planning Commission Resolution 05 -39). Vote resulted in: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None 5. MATTERS FROM THE CHAIRMAN & COMMISSIONERS Commissioner Herrera stated there are large containers behind the building on Valley Boulevard that was previously Baby Toy -Town and asked staff why they were there. City Planner Bermejo stated she investigated that site and noticed the large containers she has referred this to Code Enforcement and it is still under investigation. Commissioner Hunter stated that the colors on Universal Bank still do not look like the colors that were picked by the Planning Commissioners and asked staff for an explanation. City Planner Bermejo stated during her absence Eric Lee, the applicant, submitted swatches of colors. She stated when colors were chosen a small portion was painted on a certain area on the building. She stated there was a survey of the swatches and the Planning Commission was to drive by the building and let staff know which one they preferred. After one was chosen, a larger portion of that color was painted on a different location on the bank and it was requested by staff that the Planning Commission drive by once more and let staff know if it was acceptable before Eric Lee, the applicant, went forward with the painting of the building. She explained that she and staff went to the site and confirmed that it was the color that had been chosen by the Planning Commission and stated sometimes the colors may look different once it is painted on the building. Commissioner Herrera asked staff if Eric Lee, the applicant, had painted the background color over again. City Planner Bermejo replied the entire building has been painted with the new color and is almost completed. Commissioner Herrera stated the color looks better and is clean. Commissioner Hunter commented that the new colors look similar to the previous color. Commissioner Hunter also thanked staff for taking care of the Edison property on Mission Drive and Walnut Grove. She stated it looks much better and she hopes it stays that way. City Planner Bermejo stated it was with the coordination of Public Works, who has been working with AT &T directly, and explained that AT &T is the party responsible for the maintenance of landscaping on that property. She stated communication has been established with the City and the cell site operator, and hopefully we will not have anymore problems with this issue. Commissioner Hunter thanked staff for taking care of this quickly. She also stated she would like to announce that the Rosemead Chamber of Commerce is having their "Wild Wild West' on November 18, 2011 called "Diamonds & Denims." She stated the tickets are on sale for a "two for one" price of $25.00 and it will be held at Almansor Park. She stated you may purchase tickets from her or the Rosemead Chamber of Commerce. She explained the ticket will include gambling chips, dinner, prizes, dancing, and a live western band. Chair Eng stated she attended the Fitness Fair at the Garvey Center which was very well attended. She stated that she would like to thank the Parks & Recreation for all their hard work in putting this event together. 6. MATTERS FROM STAFF A. Strategic Plan Update - Goals and Strategies Acting Planning Director Ramirez presented staff report. Chair Eng asked if the Planning Commission had any questions or comments. None Chair Eng stated the one thing she would like to recommend is that the Strategic Plan focuses on is solving parking solutions. Acting Planning Director Ramirez stated that recommendation is noted and will be included as an action plan within a Strategic Plan. 7. ADJOURNMENT The next regular Planning Commission scheduled for Monday, November 21, 2011, will be Cancelled due to lack of quorum. The next regular Planning Commission meeting will be held on Monday, December 5, 2011, at 7:00 p.m. 0 N Nancy Eng Chair ATTEST: zdtv Rachel Lockwood Commission Secretary 10