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PC - Mintues - 01-17-12Minutes of the PLANNING COMMISSION MEETING January 17, 2012 The regular meeting of the Planning Commission was called to order by Vice -Chair Ruiz at 7:00 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 ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Acting Community Development Director Ramirez, Consultant Wong, City Planner Bermejo, Assistant Planner Trinh, Lt. Tim Murakumi, Chief of Police, 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 - December 19, 2011 Commissioner Herrera made a motion, seconded by Commissioner Hunter, to approve Minutes of 12 -19 -11 as presented. Vote resulted in: Yes: Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: Eng 4. PUBLIC HEARINGS A. DENIAL OF CONDITIONAL USE PERMIT 11.14 - Lan Tan 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 place located at 8772 Valley Boulevard, 1 in the C -3D (Medium Commercial with a Design Overlay) zone. PC RESOLUTION 12.01 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA DENYING CONDITIONAL USE PERMIT 11 -14, A REQUEST FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE IN CONJUNCTION WITH A BONA FIDE PUBLIC EATING PLACE, LOCATED AT 8772 VALLEY BOULEVARD IN THE C -31) (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 DENY Conditional Use Permit 11 -14 and ADOPT Resolution No. 12-01 with findings. Assistant Planner Trinh presented staff report into the minutes. Vice -Chair Ruiz asked the Planning Commission if they had any comments or questions for staff. None Vice -Chair Ruiz opened the Public Hearing and asked if there was anyone wishing to speak in favor or against this project. Gary Mok presented the Planning Commission with written information to be included into the record. Consultant Wong addressed the City Attorney and requested a recess to review the information that was submitted to the Planning Commission by Gary Mok. Greg Murphy, City Attorney, replied a ten (10) minute recess will be taken to review the information that was just submitted and will reconvene at 7:20 pm. Vice -Chair Ruiz opened the meeting and invited the first guest speaker to the podium. Greg Murphy, City Attorney, recommended to the Planning Commission to not put any more weight onto the information that was just submitted as you would to verbal testimony. He stated what has been submitted are allegations made by someone who is in business dealings with the applicant and the sole conclusary evidence is a judgment from the East District El Monte Court House but it is against the business rather than the individual. He also recommended treating this as normal comments from a member of the public who comes to the podium and do not give it additional weight because it is in written form or using legal language. He also stated this amounts to allegations and matters of opinion and if the Planning Commission has any questions he would be happy to answer them. Vice -Chair Ruiz asked the Planning Commission if there were any questions for Greg Murphy, City Attorney, regarding his recommendation. None Vice -Chair Ruiz invited Mr. Mok the first speaker to the podium. Gary Mok, speaking on behalf of Chien P. Luu, thanked the Planning Commission and stated he is the individual that submitted the information tonight for the Planning Commission to review. He also stated that he is here tonight in objection to Lan Tan's request. Vice -Chair Ruiz asked if the Planning Commission had any questions for Mr. Mok. None Vice-Chair Ruiz invited then next speaker to the podium Lan Tan, applicant, stated that the information submitted tonight is for a previous business investment at a different location and a court date of February 17, 2012 has been set. He stated that he does not understand why Mr. Mok is here objecting to his application. He stated he had a previous business with this gentleman and gave a brief history of other businesses he has in other cities and stated that some are in his wife's name. He also stated that he has gone to the Temple City Sheriffs to try to obtain information about his case but has been unable to receive anything. He stated that he had also contacted ABC but was told that if the Conditional Use Permit is not approved by the City they cannot approve the ABC Beer & Wine license. He stated that he does not understand what is going on and will need to contact his attorney. Vice -Chair Ruiz thanked the applicant and asked if anyone had any questions. Commissioner Herrera asked if the denial is recommended because of incidents at this location and requested more information. Vice -Chair Ruiz stated the recommendation by staff is to Deny Conditional Use Permit 11 -14 and asked Assistant Planner Trinh for more detail. Assistant Planner Trinh explained to the Planning Commission that the applicant misrepresented the floor plan on his application and referred to Exhibit B. She explained that when staff, the Chief of Police, and Public Safety conducted a site inspection the floor plans submitted did not match what was actually at the restaurant. She referred to the pictures in Exhibit C and pointed out that the booths did not have tables, they are almost fully enclosed, there are individual televisions, three large big screens, and the lighting is very dim in the rear, whereas in the front it is fully lit. She stated that when she spoke with the Chief of Police, he informed her that the applicant indicated to him that he would like to open the rear of the building for entertainment and karaoke. She stated the applicant has also applied for these business license applications with the City. She stated because of this misrepresentation staff cannot support this use. Vice -Chair Ruiz thanked Assistant Planner Trinh for her exhibits and explanation. He stated that Greg Murphy, City Attorney, has explained that we should not any emphasis on the new information submitted tonight but base our decision on the specifics of the lounge and what the applicant is proposing to have. He also stated that he would like to hear from Lt. Tim Murakami, the Chief of Police who is present tonight. He asked if there were anymore questions or comments from the audience. None Vice -Chair Ruiz closed the Public Hearing and invited Lt. Tim Murakumi, Chief of Police to the podium. Lt., Tim Murakumi, Chief of Police, stated that he had been an original member of the Asian Gang Taskforce and this building in the past was known as the Rose Room. He stated that when it was the Rose Room a lot of violence had taken place there and it was eventually closed down. This applicant has re- opened this building as a restaurant, but his concern is that the back room that has been transitioned back into a hostess bar. He stated that he is not opposed to a restaurant serving beer and wine but he is concerned with the back room. He explained that the back room is not set up to hold a Quincinera or birthday parties, but is set up like a hostess bar. He stated that he has spoken with the applicant and explained to him that he would support a restaurant but he cannot support a nightclub. He stated that he cannot support a nightclub scenario and explained in the past they have had difficulties with the back room being subleased to individuals that used the restaurants liquor license. He stated that this building has been a past gangster club. He explained that this would not benefit the City and foresees potential problems for law enforcement if approved. Vice -Chair Ruiz asked if the Commissioners had any questions for Lt. Tim Murakumi, Chief of Police. Commissioner Hunter stated she thought this application is for a family restaurant. Lt. Tim Murakumi, Chief of Police, replied that is what the application states but when you look at the building it is not set for that. He explained that the problem is that there is a door in the back room that has an entrance to the street and the door from the restaurant to the rear area has been closed off giving the appearance of two separate entities. He also stated without going through that back door you cannot see what is going on in that back room at all. He stated that he has recommended to the applicant that the restaurant be redesigned and extend the restaurant seating to the back room. Assistant Planner Trinh stated that staff has spoken with Mr. Tan regarding the floor plan and possibly modifying the rear area into a bona -fide eating establishment, but he has indicated that he wants the entertainment, dance floor, and karaoke in the rear. Vice -Chair Ruiz asked Assistant Planner Trinh if the applicant has denied all request and recommendations that staff has made. Assistant Planner Trinh replied yes and therefore staff is denying this application. Vice -Chair Ruiz thanked staff and asked if anyone else had any questions. Lan Tan, applicant, stated he would like to address the Planning Commission. Vice -Chair Ruiz re- opened the Public Hearing and asked Lan Tan to the podium. Lan Tan clarified that the floor plan, which is Exhibit B, is the floor plan that had been approved previously in 2008. He also explained that he would like the back to be a sports bar and gave examples of what it will include (televisions to watch sport events, three big screens, karaoke, and a dance floor). He also stated he has a business in Temple City and compared this building to that one. Vice -Chair Ruiz thanked Mr. Tan for his comments and explained that because he has not agreed to any of the request and recommendations from staff, they are recommending the Denial of Conditional Use Permit 11 -14. He closed the Public Hearing and asked if the Commissioners had additional comments or questions. Commissioner Saccaro stated that even though the floor plans may have been approved previously for a restaurant, the floor plan is not acceptable today for a new Beer and Wine (Type 41) ABC License. Vice -Chair Ruiz stated he agrees with Commissioner Saccaro and the pictures in Exhibit C speak for themselves. He thanked Lt. Tim Murakumi, Chief of Police, and staff for their hard work. Consultant Wong stated he would like to reiterate a comment made by Commissioner Saccaro. He stated the ABC does not meet the criteria, but the Planning Commission decision should be based on the city code which states it should be a bona -fide eating establishment and this establishment is not. He stated that staff has asked for the applicant to modify his plans and he has refused to do so and that is why staff is recommending the Denial of Conditional Use Permit 11 -14. Vice -Chair Ruiz thanked Consultant Wong and asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Saccaro, to approve the DENIAL of Conditional Use Permit 11 -14 and ADOPT Resolution No. 12-01 with findings. Vote resulted in: Yes: Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: Eng Greg Murphy, City Attorney, stated if any member of the public or the applicant would like to appeal this matter the appeal must be filed within 10 days of tonight's decision and the appeal will be heard by the City Council. 5. MATTERS FROM THE CHAIR & Commissioner Herrera asked staff for an update on the red curb on Delta Avenue off of Valley Boulevard. City Planner Bermejo replied that concern was submitted to Public Safety and staff will follow -up and verify status. 6. MATTERS FROM STAFF Acting Community Development Director Ramirez reminded the Panning Commission of the upcoming Lunar New Year Festivities taking place this Saturday, January 21, 2012 as long as the weather permits it, if it rains then it will be held on Sunday, January 22, 2012 or the following weekend. She stated this will be taking place at the Auto Auction site. 7. ADJOURNMENT The next regular Planning Commission meeting will be held on Monday, February 6, 2012, at 7:00 p.m. ATTES . G 4 At-�) 6 Rachel Lockwood Commission Secretary M