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PC - Minutes - 10-15-12Minutes of the PLANNING COMMISSION MEETING October 15, 2012 The regular meeting of the Planning Commission was called to order at 7:00 p.m., by Chair Ruiz in the Council Chambers, 8838 E. Valley Boulevard, California. PLEDGE OF ALLEGIANCE - Commissioner Herrera INVOCATION - Commissioner Saccaro ROLL CALL - Commissioners Herrera, Saccaro, Vice -Chair Hunter, and Chair Ruiz ABSENT - Commissioner Eng ROLL CALL OF OFFICERS PRESENT: City Attorney Murphy, Community Development Director Ramirez, Assistant Planner Trinh, and Commission Secretary Lockwood. Community Development Director Ramirez stated Commissioner Eng may be late due to a dental appointment. 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. PUBLIC HEARINGS A. CONTINUATION OF CONDITIONAL USE PERMIT 12.04 - Kristine Truong has submitted a Conditional Use Permit (CUP) 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 8310 Valley Boulevard, in the C -3D (Medium Commercial with a Design Overlay) zone. The Planning Commission conducted a duly noticed public hearing for CUP 12 -04 on September 17, 2012. The Planning Commission staff report and meeting minutes are included in this report as Exhibits "C" and "D ". During the public hearing, the Planning Commission continued this item due to the applicant's request to modify the business plan of the outdoor patio area of the restaurant. Furthermore, the Planning Commission continued the public hearing on this item to October 15, 2012. PC RESOLUTION 12.17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 12.04, FOR A NEW ON -SALE BEER AND WINE (TYPE 41) ABC LICENSE FOR CHINA BISTRO, LOCATED AT 8310 VALLEY BOULEVARD, IN THE C3 -D (MEDIUM COMMERCIAL WITH A DESIGN OVERLAY) ZONE. STAFF RECOMMENDATION - It is recommended that the Planning Commission take the following actions: a. Receive information from staff. b. By motion and vote of the Planning Commission, open the public hearing to take public testimony. c. Adopt Resolution 12.17. Assistant Planner Trinh presented staff report. Commissioner Eng arrived at 7:03 p.m. Chair Ruiz asked the Planning Commission if they had any questions for staff. Commissioner Saccaro asked if the patio will be enclosed. Assistant Planner Trinh replied the applicant sent a letter to the City on October 1, 2012 stating the business will stay as is and agrees that there will not be any alcohol sales within the patio area. She added the applicant has requested a modification of hours of operation for Friday's and Saturday's. Chair Ruiz asked for a Motion to re -open the Public Hearing. Motion was made by Commissioner Herrera, seconded by Vice -Chair Hunter, that the Planning Commission re -open the Public Hearing for Continuation of Conditional Use Permit 12 -04. Vote Results: Yes: Eng, Herrera, Hunter, Ruiz, Saccaro No: None Abstain: None Absent: None Chair Ruiz opened the Public Hearing and asked applicant to podium. The applicant, Kristine Truong stated she is present to answer any questions the Planning Commission may have. Chair Ruiz asked if the Planning Commission had any questions. Commissioner Saccaro referred to the tarp that is on the west side of the building, which protects the patrons from the sun, and asked if it would be possible to replace it with a roll -up type of covering. Kristine Truong replied that the current covering does roll up manually. Commissioner Eng asked if there are security camera's on the patio. Kristine Truong replied yes. Chair Ruiz asked there any further questions or comments. None Chair Ruiz closed the Public Hearing and asked if there any further questions or comments. 2 Commissioner Saccaro commented the restaurant will stop selling Beer and Wine at midnight on Friday and Saturday nights, and asked what will stop patrons from buying two or three drinks at a time and keeping them after midnight. Chair Ruiz stated all restaurants have dealt with this concern and explained it is something that cannot be controlled. He asked if there are any other questions or comments. None Chair Ruiz asked for a motion. Commissioner Herrera made a motion, seconded by Commissioner Saccaro, to ADOPT Resolution No. 12.17 with findings and APPROVE Conditional Use Permit 12.04, subject to the thirty -three (33) Conditions of Approval Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None 4. CONSENT CALENDAR A. Approval of Minutes - August 20, 2012 B. Approval of Minutes - September 17, 2012 Commissioner Herrera made a motion, seconded by Commissioner Saccaro, to approve consent calendar with corrections to Item B — Planning Commission Minutes September 17, 2012. Vote resulted in: Yes: Eng, Herrera, Hunter, Saccaro, Ruiz No: None Abstain: None Absent: None 5. MATTERS FROM STAFF None 6. MATTERS FROM THE CHAIR & COMMISSIONERS Commissioner Herrera requested an update forthe project located on Delta Avenue and Valley Boulevard. Assistant Planner Trinh replied staff will check with the Building Department to confirm status. Commissioner Herrera referred to the covered parking by the wash located by McDonald's on Valley Boulevard and requested an update. Community Development Director Ramirez replied that staff will check the plans and send the Planning Commission an update. Vice -Chair Hunter asked what action took place in regards to the Que's Bar & Grill noise complaint. Community Development Director Ramirez replied that a "CRM' was submitted to Code Enforcement to investigate. She added she will check on the status and send an update. Vice -Chair Hunter asked for an update of the old "Babies -R -Us" signage on building located on Valley Boulevard. Community Development Director Ramirez replied that a "CRM" was submitted to Code Enforcement. Vice -Chair Hunter asked the status of the Universal Bank located on Valley Boulevard. Community Development Director Ramirez replied Universal Bank has had issues with their monument sign and that staff has been in contact with the property owner. Commissioner Saccaro referred to the property on the northeast comer of Temple City and Valley Boulevard and asked for the status of this location. Community Development Director Ramirez replied that location was approved by the Planning Commission for a mini - market, but there has not been an application submitted to the City for that site. Commissioner Eng expressed concern with over -due concentration of ABC licenses within the City of Rosemead boundaries. She requested that staff put a report together to see where the over -due concentration areas are located. She also would like staff to check if there are resources available to address incidents that may arise due to over -due concentration of ABC licenses. Community Development Director Ramirez replied staff will contact ABC and check if there is something available such as a map to review. She explained that for Public Safety concerns, staff sends ABC License applications to the Chief of Police to review to ensure that there are enough resources and /or staff to handle incidents that may arise. Chair Ruiz referred to Business Licenses and asked staff if there is a program available to extract ABC Licenses issued in the City by way of a map using Google. Community Development Director Ramirez replied no, staff would have to contact the ABC Bureau to see if there is a map available. Chair Ruiz asked if records are kept when Business Licenses are applied for. Community Development Director Ramirez replied yes. Chair Ruiz asked if the City uses HDL Software. Community Development Director Ramirez replied yes. Chair Ruiz stated he would like to make an appointment with Community Development Director Ramirez to discuss other program options. 0 7. ADJOURNMENT Meeting Adjourned at 7:18 p.m. The next regular Planning Commission meeting will be held on Monday, November 5, 2012 at 7:00 p.m. ATTEST: Rachel Lockwood Commission Secretary