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HomeMy Public PortalAboutMinutes - 2000/07/25 - RegularPLANNING COMMISSION MINUTES JULY 25, 2000 INITIATION: 1. CALL TO ORDER Pursuant to the Agenda posted July 21, 2000, Chairman Zovak called the meeting of the Planning Commission to order at 7:30 p.m. on Tuesday, July 25, 2000. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL Present: Commissioners - Griffiths, Seibert, Arrighi, Zovak Commissioner Seibert moved to excuse Commissioner Capra for cause, seconded by Commissioner Griffiths, and unanimously carried. Also Present: City Manager Martin, Community Development Director Dawson and Associate Planner Williams 4. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None 5. CONSENT CALENDAR Commissioner Griffiths moved to approve the Consent Calendar, as submitted, seconded by Commissioner Seibert, and unanimously carried. A. APPROVAL OF MINUTES - Meeting of July 11, 2000 Chairman Zovak commented that on Page 11 of the minutes, which referred to the conditions outlined for Buffet City; that he did not see the condition which referred to the relinquishment of the former Conditional Use Permit and Variance. Commissioner Seibert pointed out at the top of Page 11 the minutes reflected a discussion that Mr. Smaldino had with the Commission regarding relinquishment of the former Conditional Use Permit and Variance. Director Dawson stated that although the reference had not been made along with the other conditions, that the condition had been included in the Resolution. Planning Commission Minutes July 25, 2000 Page 2 6. UNFINISHED BUSINESS: A. PUBLIC HEARING: Case No.: Site: Property Owner\ Applicant: Property Owner\ Applicant: Architect: Recommendation: A.) CONSIDERATION OF PENDING APPLICATION FOR MODIFICATION OF CONDITIONAL USE PERMIT AND ZONE VARIANCE; B.) REVOCATION OF A CONDITIONAL USE PERMIT TO ALLOW A TWO -STORY COMMERCIAL BUILDING WITH A RESTAURANT AND RETAIL BAKERY AS THE MAIN TENANT ON THE FIRST FLOOR AND OFFICES ON THE SECOND FLOOR; THE COMMERCIAL BUILDING WOULD BE LOCATED IN THE WEST COMMERCIAL (WC) DISTRICT OF THE DOWNTOWN SPECIFIC PLAN AREA. MODIFICATION OF CONDITIONAL USE PERMIT 99- 1400 /ZONE VARIANCE 00- 1410 9070 LAS TUNAS DRIVE YO LEI LAI 5933 BARTLETT AVENUE SAN GABRIEL, CA 91776 YOMEI WILLIAMS 830 E. VALLEY BOULEVARD SAN GABRIEL, CA 91775 GARY WANG & ASSOCIATES, INC. 573 MONTEREY PASS ROAD, UNIT C MONTEREY PARK, CA 91754 1) Hear Staff Report 2) Hear Applicant /Property Owner 3) Take Public Testimony 4) Adopt Resolution Director Dawson summarized the staff report dated July 25, 2000 and stated that Staff would suggest to continue the public hearing, consider the application for modification and revoke the original approval. Director Dawson went on to state that he had discussed the Draft Resolution with Commissioner Griffiths and they had agreed that finding No. 1 and finding No. 2 should be worded in an abbreviated manner for the sake of clarity. • • " Planning Commission Minutes July 25, 2000 Page 3 Commissioner Seibert inquired as to the present maintenance of the subject property. Director. Dawson stated that the property was in- marginal condition with the buildings beginning to deteriorate and the grounds not being attended to on a regular-basis. Commissioner Seibert inquired as to whether a public nuisance proceeding should be initiated. Director-Dawson stated that if the grounds continued to deteriorate, that it might be necessary to initiate a public nuisance proceeding. Chairman Zovak opened the public hearing and invited interested parties to come forward to speak on the matter. There being no public input relative to the matter, Commissioner Griffiths moved to close the public hearing, seconded by Commissioner Seibert, and unanimously carried. Commissioner Arrighi stated that because the conditions had not been met and the property owners and architect were not present to speak on the subject, that he would concur with Staff's recommendation to deny the requested modification of the conditional use permit and revoke the previously- approved conditional use permit. Commissioner Seibert stated that he saw no reason to pursue the matter and concurred with Commissioner Arrighi. He further stated that the maintenance issue should be followed up on. Commissioner Griffiths stated that it appeared the applicants were not interested in pursuing--the matter and therefore the course of action as recommended was suitable and he could concur with his fellow Commissioners. Chairman Zovak stated that the project could have worked but because of the lack of cooperation of.the applicants, he felt that the appropriate action would be to deny the modification as well as revoking the original approval. City Manager Martin suggested if that were going to be the motion, that he would also add that the Planning Commission was not closing the door, that they would like to see the land developed if the applicant would like to come back with properly - prepared plans and surveys to present to the. Planning Commission so that they could make an intelligent decision about what the proper use and development of the property might be. Planning Commission Minutes July . 25, 2000 Page 4 Commissioner Griffiths stated he would concur with the motion, seconded by Commissioner Arrighi, and unanimously carried. Chairman Zovak stated that the application for modification of the conditional use permit & variance request had been denied and the previously- approved Conditional Use Permit 99 -1400 had been revoked. 7. NEW BUSINESS A. PUBLIC HEARING: A CONDITIONAL USE PERMIT TO ALLOW OFF -SALE BEER AND WINE AT AN EXISTING COMMERCIAL BUSINESS LOCATED IN THE WEST COMMERCIAL (WC) DISTRICT OF THE DOWNTOWN SPECIFIC PLAN. Case No.: CONDITIONAL USE PERMIT 00 -1425 Site: 9152 LAS TUNAS DRIVE Applicant: EDIP SAN 9152 LAS TUNAS DRIVE TEMPLE CITY, CA 91780 Recommendation: 1) Hear Staff Report 2) Hear those for and against 3) Adopt Resolution Director Dawson summarized the staff report dated July 25, 2000. Associate Planner Williams narrated the videotape of the subject property. Director Dawson pointed out that Deputy Jeff Peterson was in attendance to answer any questions with regard to findings made by the Sheriff's Department. He further stated that the findings made by Staff were formed solely from a land use perspective and the Draft Resolution focused on the required findings for the conditional use permit. Commissioner Griffiths inquired as to how many parking spaces were required, taking into consideration the use and the floor area of the building. • • " " " Planning Commission Minutes July 25, 2000 Page 5 Director Dawson stated that the requirement was three spaces for every 1,000 square feet of area; therefore, the use was short at least six parking spaces. He went on to explain that a_floor plan for the upstairs area had not been submitted and that was the reason for the approximation. Chairman Zovak opened the public hearing and invited interested parties to come forward to speak on the matter. Tom Atkins, 5434 Cambury Avenue, stated that he was speaking on behalf of Edip San, the applicant, known by the American name of Eddie. He went on to give the history of the location as it changed hands from owner to owner. He informed the Commission that Eddie San was a licensed Lottery dealer, which meant that he was licensed and bonded by the State, attesting to his credibility. He went on to discuss the parking situation and stated that while parking was ample, he would suggest putting a no left turn sign going out onto Las Tunas because of the traffic at that intersection. He reminded the Commission that this would not be a new use for the building, that it had been a liquor store since its construction in the 1950s. He also raised the issue of what constituted "public convenience and necessity" and whether adding more bridal shops to the City constituted public convenience and necessity. He commented that the owner of the property was quoted as saying that Eddie ran a very clean operation and kept the premises in good condition. In conclusion, he stated that the neighborhood was in need of a convenience store at which they could purchase beer and wine. He stated that because it would be a "light duty" store, that there should be no worries that the crime rate would rise. He asked the Commission to consider approving the conditional use permit and stated that Temple City was in need of well -run family businesses. Chairman Zovak inquired as to how long Cigarettes 4 Less had been in business. Mr. Atkins stated that they had been in business since August of 1999, coming up on one year. Donald Masse, 5575 Noel Drive, Temple City, stated that he stopped going to the store when it was owned by Joseph San but had started frequenting it again since Eddie had taken it over. He inquired as to what was meant by high -crime rate as it appeared in the Staff report. In conclusion, he stated that the parking was adequate and it would be convenient to buy a bottle of wine when he stopped in to buy his cigarettes. Planning Commission Minutes July 25, 2000 Page 6 Joan Conte, 5575 Noel Drive, Temple City, stated that Cigarettes 4 Less was a convenience store where the patrons "grab and run." She went on to state that there were no parking problems created by this store, only the new restaurant that had been built next door. She stated that she had put thousands of dollars into her home and as a citizen of Temple City why did she not know about the area being designated a high -crime area. She expressed concern about the implication that if this store were allowed to sell beer and wine that crime would increase in the area. In conclusion, she stated that the arguments against . having the convenience store were weak in nature and, secondly, that if the issue of convenience was really what was at stake, that the residents of Temple City did not need another bridal shop, but that they could benefit from having a convenience store to purchase beer and wine in this particular location. Bob Chenq, 9150 Las Tunas Drive, Temple City, stated that he was co -owner of the building with his wife, Lee. He stated that he had worked as a store manager for Vons in the past and Mr. San was running his store in a manner that surpassed that of Vons. He went on to state that the convenience store use was a good one for this location in that it did not require a lot of parking; customers could just come and go quickly. He added that he had loaned two parking spaces to the restaurant next door. He also gave corrected numbers regarding the square footage of the building from a commercial appraisal report. He stated the lot size was 5,149, the downstairs living space was approximately 2,500 and the upstairs living space was approximately 1,900. He went on to comment that since he lived above the business that he watched people come and go and they had to go out of their way crossing the street to buy beer and wine, whereas if Mr. San were granted permission to sell these items, that it would be much more convenient for them. Lastly, he stated that he was concerned about the reference in the staff report to the store being in a high -crime area; he had chosen Temple City as his home to retire in because he had heard what a safe, quiet community it was. Chairman Zovak requested Deputy Peterson to clarify the documents the Commission had been presented with by ABC pertaining to crime statistics and the nature of the crimes involved. • Deputy Peterson explained that he was not sure how the numbers were calculated and he also was not sure of the reporting district that was used as the source. He went on to clarify that the crime figures for a year for Temple City were ill substantially higher than those quoted. " " Nanning Commission Minutes July 25, 2000 Page 7 Chairman Zovak stated for the record that the list of.. definitions that had been attached was reported crimes-and the most recent yearly calculations by local law enforcement agencies of reported offenses of criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft and . motor vehicle theft combined with all arrests for other crimes, both felonies and misdemeanors, with the exception of: traffic citations. Deputy Peterson explained that would include all Class.I "crimes or felonies. He stated the report was not listing such crimes as vandalism or misdemeanor driving violations. Chairman Zovak inquired as to whether Sheriff Peterson had any knowledge of the reporting district or information-with regard to the census tract. Deputy Peterson stated that he did not. Commissioner Griffiths inquired as to whether there were specific boundaries for Reporting District 522. Deputy Peterson stated that it would be from the K Mart area to the 9100 or 9200 block of Las Tunas incorporating Encinita and parts of Sultana. Commissioner Griffiths inquired as to whether there were four adjacent reporting districts to Reporting District No. 522. Deputy Peterson stated that was correct; the City was split up into five different reporting districts. Director Dawson clarified that the information Deputy Peterson was being questioned about was actually provided by the =ABC from information that was supplied by local law enforcement. He apologized to Sheriff Peterson for being caught off guard by the document as well as the questions. Deputy Peterson stated that he -was aware that the statistics were provided by the Sheriff's Department. He further stated that although he did not know the particulars about the figures, he was aware that whenever alcohol was added into any equation that crime rates always increased. Commissioner Griffiths inquired as to what the size, shape and location was of the high -crime area and whether this particular application was within that area. Planning Commission Minutes July 25, 2000 Page 8 Deputy Peterson stated that he could make an assumption that the Sheriff's Department was comparing Reporting District 0522 to the surrounding districts. Chairman Zovak introduced into the record a License Unit Investigation Report which stated the result of investigation failed to indicate a basis for protest. He then introduced a letter from Mel Cunningham, the investigator, asking that the report be set aside until such time as he was able to gather more information. Deputy Peterson stated that he spoke with Mel Cunningham and informed him of the history of the property as well as information pertaining to the prior owner. He stated that Mr. Cunningham had not been aware of the information and therefore requested that his report be set aside until such time as he could gather additional information and submit a report with a corrected recommendation for the property. Chairman Zovak inquired as to whether the Sheriff's Department was requesting more time to study the matter. Deputy Peterson replied that Mr. Cunningham was requesting more time. Chairman Zovak inquired of Director Dawson if a restaurant use were proposed for this location if it would go through the same type of review process. Director Dawson stated that it would go through the same type of process. He further explained that the process was a State law that had been in effect since 1992 and it required that the City respond and make a finding in conjunction with a public hearing for on- or off - premises sale of alcohol. Commissioner Griffiths inquired as to the size and shape of Census Tract 4812.01 and how many valid licenses were currently held within the Tract. Director Dawson acknowledged the validity of Commissioner Griffith's questions but stated he did not have answers for them at this time. Commissioner Zovak commented that it seemed the reporting districts were much larger than the census tracts. • • Planning Commission Minutes • July 25, 2000 Page 9 • • Director Dawson agreed with Commissioner Zovak's observation and further added that he was not sure whether or not the districts split down the middle of Rosemead Boulevard. Chairman Zovak inquired of the Commission whether they had any ideas as far as the Sheriff's Department's request for additional time in which to gather information regarding the application. Director Dawson stated that although the Commission was always reluctant to continue such items, additional information needed to be gathered to prepare a complete report, including census tract maps and reporting district information. There being no further public input relative to the matter, Commissioner Seibert moved to close the public hearing, seconded by Commissioner Arrighi, and unanimously carried. Commissioner Griffiths agreed that a continuance would give the Commission the benefit of having a completed application with additional information and analysis. Commissioner Seibert concurred with Commissioner Griffiths. Vice - Chairman Arrighi concurred that more time was needed in order to gather additional information. Chairman Zovak also concurred that additional time was needed to gather information regarding the reporting districts and the census tract maps in relation to crime reporting statistics not only for the present case but for future applications. Commissioner Griffiths moved to continue the matter until such time as additional information could be gathered and Staff had additional time to address the concerns which were brought up, seconded by Commissioner Seibert, and unanimously carried. Chairman Zovak inquired of Deputy Peterson and the applicant, Edip San, as to whether they would be amenable to a two -week continuation. Both agreed to a continuation to August 8, 2000, the next regularly- scheduled Planning Commission meeting. Chairman Zovak further added that at that time maybe Mr. Chen could supply additional information regarding the building itself. 8. COMMUNICATIONS: None " " Planning Commission Minutes July 25, 2000 Page 10 9. MATTERS FROM CITY OFFICIALS: Commissioner Griffiths addressed the Commission with regard to the lack of parking available for the Commissioners at the Tuesday evening meetings. Director Dawson responded that Staff would see to it that "no parking" signs were used to reserve parking for the Commissioners. Chairman Zovak reported that prior to the Planning Commission meeting he and Vice - Chairman Arrighi had a dinner meeting with the Mayor and Mayor Pro -Tem where they discussed the ongoing working relationship between the City Council and the Planning Commission and the importance of keeping open the lines of communication. 10. ADJOURNMENT There being no further business, Chairman Zovak adjourned the meeting at 8:45 p.m. The next regularly- scheduled meeting of the Planning Commission is Tuesday, August 8, 2000 at 7:30 p.m. in the Council Chambers, 5938 Kauffman Avenue, Temple City. ATTEST: BEE /MINS /24057.1