HomeMy Public PortalAboutMinutes - 2004/12/14 - Regular" I N I T I A T I O N :
1 . C A L L T O O R D E R
P L A N N I N G C O M M I S S I O N
M I N U T E S
D E C E M B E R 1 4 , 2 0 0 4
P u r s u a n t t o t h e A g e n d a p o s t e d D e c e m b e r 9 , 2 0 0 4 , C h a i r m a n G r i f f i t h s c a l l e d
t h e m e e t i n g o f t h e P l a n n i n g C o m m i s s i o n t o o r d e r a t 7 : 3 0 p . m . o n T u e s d a y ,
D e c e m b e r 1 4 , 2 0 0 4 .
2 . P L E D G E O F A L L E G I A N C E T O T H E F L A G
3 . R O L L C A L L
P r e s e n t : C o m m i s s i o n e r s : L e B e r t h o n , B l u m , S e i b e r t , G r i f f i t h s
A b s e n t : C o m m i s s i o n e r Y u
A l s o P r e s e n t : C i t y A t t o r n e y M a r t i n a n d C o m m u n i t y D e v e l o p m e n t D i r e c t o r
D a w s o n a n d A s s i s t a n t P l a n n e r L i u
C o m m i s s i o n e r S e i b e r t m o v e d t o e x c u s e C o m m i s s i o n e r Y u f o r c a u s e
s e c o n d e d b y V i c e - C h a i r m a n B l u m a n d u n a n i m o u s l y c a r r i e d .
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4 . T I M E F O R T H O S E I N T H E A U D I E N C E W H O W I S H T O S P E A K
5 . C O N S E N T C A L E N D A R :
A . A P P R O V A L O F M I N U T E S N o v e m b e r 2 3 , 2 0 0 4
R E C O M M E N D A T I O N : A P P R O V E A S S U B M I T T E D
C h a i r m a n G r i f f i t h s - m a d e a c o m m e n t r e g a r d i n g t h e l a s t p a g e o f t h e m i n u t e s o f
N o v e m b e r 2 3 , 2 0 0 4 . S t a t e d t h a t t h e l a s t m o t i o n t h a t w a s m a d e a n d a p p r o v e d b e f o r e
a d j o u r n i n g s h o u l d b e a m e n d e d a l i t t l e b i t . I t s h o u l d s a y " T h e C i t y a t t o r n e y d i d r e m a r k
t h a t w e h a d n o j u r i s d i c t i o n o v e r t h e r e f u n d s a n d c o u l d n o t o f f e r s u c h a n d I a l s o
m e n t i o n e d t h a t i t w o u l d g o t o t h e C o u n c i l a s a r e c o m m e n d a t i o n " a n d t h e w o r d i n g
s h o u l d b e a m e n d e d s l i g h t l y t o i n d i c a t e t h a t " w e r e c o m m e n d e d t o t h e C o u n c i l t h a t t h e
f e e t h a t M r . D a v i s p a i d s h o u l d b e r e f u n d e d . "
C o m m i s s i o n e r S e i b e r t - M o v e d t o a p p r o v e t h e m i n u t e s a s c o r r e c t e d , s e c o n d e d b y
V i c e - C h a i r m a n B l u m a n d u n a n i m o u s l y c a r r i e d . .
6 . U N F I N I S H E D B U S I N E S S : N o n e
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Planning Commission
December 14, 2004
Page 2
7. NEW BUSINESS:
A. PUBLIC HEARING:
SITE:
CASE NO.:
PROPERTY OWNER/
APPLICANT
A CONDITIONAL USE PERMIT AND TENTATIVE
PARCEL MAP TO ALLOW A FLAG LOT
SUBDIVISION. THE SUBJECT PROPERTY IS
LOCATED IN THE SINGLE FAMILY RESIDENTIAL
(R -1) ZONE AND DESIGNATED AS LOW
RESIDENTIAL DENSITY ON THE CITY'S GENERAL
PLAN MAP.
5321 FRATUS DRIVE
TENTATIVE PARCEL MAP 61339
CONDITIONAL USE PERMIT 04 -1591
SUNG SUN CHEN
1105 S. FIRST STREET
ARCADIA, CALIFORNIA 91006
ENGINEER: EGL ASSOCIATES, INC.
11823 SLAUSON AVENUE, UNIT 18
SANTA FE SPRINGS, CALIFORNIA 90670
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) CATEGORICALLY EXEMPT [15315]
4) ADOPT RESOLUTION
Director Daw on - Read the Staff Report dated December 14, 2004.
Commissioner I e Berthon — Asked if the proposed 12 -foot driveway should be 20 foot
because it is a flag lot subdivision.
Director Dawson — Stated that this is along the south property line and that there is still
a 20 -foot driveway for the flag lot.
Assistant Planner Gulick- Narrarated and showed the video.
Chairman Griffiths — Asked if there were any further questions of the Staff and opened
the Public Hearing.
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Planning Commission
December 14, 2004
Page 3
• Hank Jong, EGL Associates (Engineer) — Stated that they have reviewed all of the
conditions of approval including the condition to relocate the driveway in order to save
the oak tree. Stated that they have consulted with the architect and it is feasible, and
they will comply with the conditions of approval.
Commissioner Seibert — Asked if they are planning to redesign the garage so that it is
at a 90- degree angle.
Sun Cheng (Applicant) — Stated that he is the project architect and it would not be a
problem to revise the plans to meet the conditions of approval.
chairman Griffiths — Asked if anyone wanted to speak in favor of the application or
against the application.
Robert Bock, 5328 Encinita, Temple City - Stated that his property abuts the subject
site and is in favor of the project. Stated that he feels many of the large lots should be
split in the City because they are difficult to maintain. Asked questions regarding the
fencing. Stated that he was in favor of the project.
•Hank Jong, FGL Associates (Engineer) — Stated that they were going to remove it and
have a perimeter block wall.
Charles Greninger, 5332 Fratus Dr., and Temple City — Stated that he wanted
clarifications regarding the lots being split. Asked if it was lots 10 and 11 and if there
were going to be two houses total.
Chairman Griffiths — Stated that it is lot 11 and the south half of lot 10, together that
make this piece of property, stated that it is a 1.5 lot being split.
Vice- Chairman Blum — Made a motion to close the Public Hearing, seconded by
Commissioner Seibert and unanimously carried.
Chairman Griffiths - Closed the Public Hearing and began discussion.
Commissioner Seibert — Stated that he does not see a problem with the project, the
requirements are being met, the lot is sufficient to divide into a flag lot and he cannot
see a reason to deny the project so he is in favor of approving the project.
Commissioner Le Berthon — Stated that he concurs in approving the project.
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Planning Commission
December 14, 2004
Page 4
Vice - Chairman Blum — Stated that he concurs and that they meet all of the conditions
and he would support the recommendation to approve the project.
Chairman riffi h — Stated that he also concurred.
Vice- Chairman Blum — Made a motion to approve Tentative Parcel Map 61339 and
Conditional Use Permit 04 -1591, with the adjustment in regard to the location of the
front house and the driveway as recommended by Staff, seconded by Commissioner
Seibert and unanimously carried.
Chairman Griffiths — Stated that the motion to approve carried, subject to a 15 -day
appeal /review period.
B. PUBLIC HEARING: A CONDITIONAL USE PERMIT AND TENTATIVE
TRACT MAP TO ALLOW A DEVELOPMENT OF A
RESIDENTIAL CONDOMINIUM PROJECT
CONSISTING OF FIVE (5) DETACHED UNITS. THE
SUBJECT PROPERTY IS LOCATED IN THE
MULTIPLE FAMILY RESIDENTIAL (R -2) ZONE, AND
DESIGNATED AS MEDIUM RESIDENTIAL DENSITY
ON THE CITY'S GENERAL PLAN MAP.
SITE: 5517 WELLAND AVENUE
CASE NO.: TENTATIVE TRACT MAP 61506
CONDITIONAL USE PERMIT 04 -1594
PROPERTY OWNER/
APPLICANT
ENGINEER:
SUNG SUN CHEN
1105 S. FIRST STREET
ARCADIA, CALIFORNIA 91006
EGL ASSOCIATES, INC.
11823 SLAUSON AVENUE, UNIT 18
SANTA FE SPRINGS, CALIFORNIA 90670
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) NEGATIVE DE CLARATION
4) ADOPT RESOLUTION
Director Dawson - Read the Staff Report dated December 14, 2004
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Planning Commission
December 14, 2004
Page 5
• Assistant Planner Gulick- Narrarated and showed the video.
Director Dawson — Stated that there is a letter in opposition, which has been provided to
all of the Planning Commissioners. Read the letter into the record.
Vice - Chairman Blum - Stated that there are some inconsistencies in the Staff Report and
that on page 8 we talk about the City's Public Works Department in item 50 under Public
Works and on item 54 we talk about the City's Public Services Department. Stated that it
is not consistent.
Director Dawson — Stated that it should be the City's Public Services Department. Stated
that they handle public works, but it is called the Public Services Department.
Vice - Chairman Blum — Stated that on page 4, item 14 it talks about the geology and soils
section and that is part of Los Angeles County Public Works and it should be referenced
accordingly.
Director Dawson — Stated that number 14 will be changed to clarify that it is the geology
and soils section of Los Angeles County Public Works and also number 50 will be
changed to say that it is the City's Public Services Department.
Chairman Griffiths — Asked if there were any other questions. Opened the Public Hearing.
• Hank Jong, EGI — Stated that they have reviewed the conditions of approval and will
comply with them. Stated that he believes the project complies with all of the City's Code
requirements.
Vice- Chairman Blum — Stated that on wider lots like this one, the last house is
sometimes moved over so that you see the last house at the end of the driveway rather
than a block wall. Asked if it is a possibility to do that.
Hank Jong, FCzl — Stated that 71 feet might not be wide enough to accomplish that and
he suggested speaking to the architect.
Director Dawson — Stated that one of the problems when the house is at the end of the lot
is that the parking becomes difficult to arrange, because it is more difficult to access the
parking area. Stated that landscaping is required with high shrubbery at the end of the
driveway. Stated that Staff and the RRM group is currently looking at the development
standards for future projects.
Vice - Chairman Blum — Stated that he understands that but was looking for a way to make
the project look nicer and less of an alley view.
Commissioner I e Berthon — Asked if would be possible to make inquiries with the
• architect to see alternate designs. Asked if it would be possible to make these inquiries
before this matter goes to the City Council.
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Planning Commission
December 14, 2004
Page 6
Director Dawson — Asked the City Attorney what we could do in a situation like this where
the project complies with the development standards. Stated that it could be better
architecturally.
CitAt orney Martin — Stated that as long as it complies under the present ordinances you
have to approve it unless we can prove that it will be a public nuisance. Stated that there
are many projects like this and it would be hard not to approve this one.
Vice - Chairman Blum — Stated that he understands that but wanted to make the applicant
aware that we are concerned with this type of "bowling alley" project.
Han .k— g, l — Stated that he would speak to the architect to see if it is a possibility to
move the last unit over.
Chairman Griffiths — Asked a question regarding the drainage plan
Hank ong, FGL — Stated that the back side is higher than the street.
Chairman Griffiths — Stated that it is only about .5 percent.
Hank ,long, FGI — Stated that typically as long as the pad is higher than the top of the
curb if there is any plug up, it is going to go to the low point. Stated that he did not think
the design would build up any water. Stated that they are going to use at least four -inch
pipe to lessen that possibility.
Chairman Griffiths — Stated that his concern is looking at the most westerly house, about
the middle of that lot 5, there is a high point elevation of 342.7 and a pad of 343.
Hank long, — Stated that it is just a drainage concept plan and still needs to be
submitted for County Approval.
Chairman Griffiths — Stated that was his concern.
Chairman Griffiths — Asked if anyone wanted to speak in favor of the project.
Sovan Heng, 5517 Welland Avenue #A, Temple City — Stated that he against the project
Stated that he feels that the project will cause a disturbance for the neighbors. Stated
that he did not see why the owner would demolish livable units.
Chairman Griffiths — Stated that if the owner of the property wishes to develop the
property it is his right and that this property is zoned for multiple housing. Asked if anyone
else wanted to speak regarding the project.
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Planning Commission
December 14, 2004
Page 7
Kenneth Key 5527 Welland Avenue. Temple City — Stated that he is in favor of the
project. Stated that most of the property in that area is rental property that is not well
taken care of and that these types of development help the neighborhood. Asked a
question regarding the removal of the chain Zink fence and if there was going to be new
fencing.
Chairman Griffiths — Asked Hank Jong about the wall on the Southside of the property.
Hank Jong, FR — Stated that on the Southside, the wall is new and is going stay. Stated
that regarding the issue of keeping the existing structures, the zoning permits multiple
housing and the owner wishes to develop his property.
Commissioner Seihert — Made a motion to close the Public Hearing, seconded by Vice -
Chairman Blum and unanimously carried.
Chairman Griffith s - Closed the Public Hearing and began discussion.
Vice - Chairman Blum — Stated that this meets all of the conditions and he can support the
project.
Commissioner I e Berthon — Stated that he concurred but would like to see if it was
possible to ask the applicant to make a comment as to the feasibility of adjusting the
• location of the farthest house so as to turn in such a direction as to prevent that bowling
lane appearance. Stated that since it is going for City Council approval, they should have
the advantage of being able to see whether it is feasible and if it is, whether they would
want to require that particular modification to the plans.
City Attorney Martin — Stated the motion should be to approve the resolution together with
an admonition that the developer should consider the feasibility of redesigning and
arranging the rear unit, so that the City Council could consider that issue at their meeting.
Commissioner Seihert — Stated that he concurred.
Chairman Griffiths - Asked Mr. Jong a question regarding the lot description and that the
legal description states a portion of lot 16, but it looks like it is all of lot 16. Stated that if
that needs correcting. to please correct it. Stated that he concurred with approval of the
project.
Vice - Chairman Blum — Made a motion to approve Tentative Tract Map 61506 and
Conditional Use Permit 04 -1594 and the Negative Declaration along with the previously
stated admonitions to the City Council, seconded by Commissioner Le Berthon and
unanimously carried.
Chairman Griffiths — Stated that the motion to approve carried and that this matter
requires City Council approval.
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Planning Commission
December 14, 2004
Page 8
C. PUBLIC HEARING: A CONDITIONAL USE PERMIT TO ALLOW
KARAOKE AT AN EXISTING 957 SQUARE FOOT
BAR AND TAVERN, WHICH IS LOCATED AT 9535
LAS TUNAS DRIVE. THE SUBJECT SITE IS
LOCATED IN THE CITY CENTER (CC) DISTRICT OF
THE CITY'S DOWNTOWN SPECIFIC PLAN AND IS
DESIGNATED AS COMMERCIAL ON THE CITY'S
GENERAL PLAN LAND USE MAP.
SITE:
CASE NO.:
PROPERTY OWNER:
APPLICANT:
9535 LAS TUNAS DRIVE
CONDITIONAL USE PERMIT 04 -1595
JOANNE LIN
11135 E. RUSH STREET, SUITE S
SOUTH EL MONTE, CALIFORNIA 91733
AMY HONG DENG
1530 S. BALDWIN AVENUE, APT. D
ARCADIA, CALIFORNIA 91007
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) NEGATIVE DECLARATION
4) ADOPT RESOLUTION
Director Dawson - Read the Staff Report dated December 14, 2004
Assistant Planner Gulick- Narrarated and showed the video.
City Attorney Martin — Asked Director Dawson if karaoke increased business and the
need for additional parking.
Director Dawson — Stated that he did not feel it would increase a need for parking
because the customers are already there and at the hours of operation for the karaoke,
many other stores are closed
Chairman Griffiths — Asked if there were any questions of the Staff. Opened the Public
Hearing.
A Deng, 9 5
business but likes
also enjoy singing.
Amy
53 I as Tunas Drive — Stated that she does not expect a big increase in
to sing and wants to have it available for herself and for clients that
Director Dawson —
Asked if the hours she was asking for were only from 10:00 p.m. to
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P l a n n i n g C o m m i s s i o n
D e c e m b e r 1 4 , 2 0 0 4
P a g e 9
1 : 0 0 a . m .
A m y D e n g , 9 5 3 5 L a s T u n a s D r i v e S t a t e d t h a t w a s c o r r e c t . S t a t e d t h a t t h i s w a s n o t a
m a i n p o i n t t o b r i n g i n c u s t o m e r s b u t w a s f o r e x i s t i n g c u s t o m e r s t h a t e n j o y s i n g i n g .
C o m m i s s i o n e r S e i b e r t A s k e d i f s h e w o u l d l i k e t o b e a b l e t o s t a r t e a r l i e r t h a n 1 0 : 0 0 p . m .
A m y D e n g , 9 5 3 5 L a s T u n a s D r i v e S t a t e d t h a t s h e w a s n o t s u r e t h a t s h e w o u l d l i k e t o
s t a r t e a r l i e r .
D i r e c t o r D a w s o n - A s k e d t h e h o u r s o f o p e r a t i o n f o r t h e b a r .
A m y D e n g , 9 5 3 5 L a s T u n a s D r i v e S t a t e d t h a t s h e o p e n e d a t 7 : 0 0 p . m .
C o m m i s s i o n e r S e i b e r t A s k e d i f s h e w o u l d o b j e c t i f t h e b e g i n n i n g t i m e f o r k a r a o k e w e r e
7 : 0 0 p . m .
A m y D e n g , 9 5 3 5 I a s T u n a s D r i v e S t a t e d t h a t w a s f i n e .
V i c e - C h a i r m a n B l u m A s k e d D i r e c t o r D a w s o n t h e h o u r s o f o p e r a t i o n f o r t h e o t h e r
k a r a o k e u s e o n L a s T u n a s .
D i r e c t o r D a w s o n - S t a t e d t h a t t h e y m a y b e g i n a t 8 : 0 0 p . m . t o 1 : 0 0 a . m .
C h a i r m a n G r i f f i t h s A s k e d i f a n y o n e w a n t e d t o s p e a k i n f a v o r o r o p p o s i t i o n t o t h e
p r o j e c t .
M a r l i n P e r r y , 5 8 3 7 P r i m r o s e A v e n u e , T e m p l e C i t y S t a t e d t h a t h e h a s s i x u n i t s a t 5 8 3 7
P r i m r o s e A v e n u e , w h i c h i s o n t h e s o u t h s i d e o f L a s T u n a s a n d d u r i n g t h e l a s t f e w m o n t h s
t h e t e n a n t s h a v e c o m p l a i n e d a n d h a v e c a l l e d t h e S h e r i f f s o n t h r e e d i f f e r e n t o c c a s i o n s
a n d t h e y c a m e o u t . S t a t e d t h a t t h e d o o r s a t t h i s b u s i n e s s a r e o p e n a n d t h e t e n a n t s h e a r
t h e n o i s e f r o m t h e m u s i c a t t h i s e s t a b l i s h m e n t . S t a t e d t h a t h e s p o k e t o s o m e o f t h e
n e i g h b o r s o n t h e n o r t h s i d e o f P r i m r o s e a n d s p o k e t o s o m e o f t h e r e s i d e n t s a n d t h e y
h a v e t h e s a m e c o m p l a i n t , t h a t t h e r e i s a n e x c e s s i v e a m o u n t o f n o i s e . S t a t e d t h a t h e i s
h o p i n g t h a t t h e P l a n n i n g C o m m i s s i o n w i l l n o t a p p r o v e t h i s a p p l i c a t i o n .
C h a i r m a n G r i f f i t h s A s k e d i f t h e b u s i n e s s h a d t h e d o o r s o p e n w h e n t h e n o i s e w a s b e i n g
h e a r d .
M a r l i n P e r r y , 5 8 3 7 P r i m r o s e A v e n u e , T e m p l e C i t y S t a t e d t h a t w a s c o r r e c t , t h e f r o n t a n d
t h e b a c k d o o r .
D i r e c t o r D a w s o n A s k e d i f t h e n o i s e w a s c o m i n g f r o m P a r a d i s e I s l e o r t h i s b u s i n e s s .
M a r l i n P e r r y , 5 8 3 7 P r i m r o s e A v e n u e , T e m p l e C i t y S t a t e d t h a t i t w a s n o t P a r a d i s e I s l e
" b u t t h i s b u s i n e s s .
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Planning Commission
December 14, 2004
Page 10
Director Dawson — Asked if his property was located north or south of the business.
Marlin Perry, 5837 Primrose Avenue, Temple City — Stated that it is on the south side of
Las Tunas, right behind the business area.
Chairman Griffiths Asked if the problem was the music or the doors being open.
Marlin Perry, 5837 Primrose Avenue, Temple City — Stated that the problem is the noise.
Chairman Griffiths — Asked if the problem would be abated if the doors were closed.
Marlin Perry, 5837 Primrose Avenue, Temple City — Stated that during the summer the
doors would probably be open because it is a small building. Stated he was surprised
that the report states there has not been any complaints because his tenants have made
three complaints and when the Sheriffs came out they said there was a noise factor.
Commissioner Seibert — Stated that if he is on the south side of Las Tunas, then there
are commercial buildings between Little Bo's, Las Tunas Avenue and more commercial
buildings. Stated that the six units are on the other side of the street from Little Bo's and it
is hard to believe that the noise could be coming from Little Bo's. Asked how he was
getting noise from them because at the present time they do not have kareoke.
Marlin Perry, 5837 Primrose Avenue, Temple City — Stated that they were previously
conducing karaoke before Code Enforcement told them they needed to apply with the
City. Stated that he had a hard time believing the noise was coming from there as well
but he did some research and the noise was coming from Little Bo's. Stated that some of
the other homes in the area have the same problem. Stated that during the summer the
doors are open. Stated that he needs to keep his units rented and the noise is his main
concern.
Amy Deng, 9535 1 as Tunas Drive — Stated that she just bought the Karaoke machine 4
weeks ago and did not have karaoke in the summer. Stated that she is not aware of any
problem with the Sheriffs Department and that they have never come into her place and
told her anything. Stated that she has air conditioning and can close the door at anytime.
Commissioner Seibert — Asked if she had a problem with keeping the doors closed.
Amy Deng, 9535 1 as Tunas Drive — Stated that she does not have a problem with
keeping the doors closed.
Chairman Griffiths — Stated that one of the conditions of approval is that the doors be
closed during karaoke.
Amy Deng, 9535 1 as Tunas Drive — Stated that she was aware of that and agrees with
the condition.
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Planning Commission
December 14, 2004
Page 11
• Commissioner Seibert made a motion to close the Public Hearing, seconded by
Commissioner Le Berthon and unanimously carried.
Chairman Griffiths — Closed the Public Hearing and began discussion.
Commi ion r .Berthon — Stated that he does not see a problem with the application
and can vote to approve the application.
Commissioner Seibert — Stated that he concurs and would recommend the adjustment of
the hours to be 8:00 p.m. to 1:00 p.m.
Vice - Chairman Blum — Stated that he also concurs with the adjustment of the hours.
Chairman Griffiths — Stated that he concurs and the doors should be kept closed during
the operation of karaoke. Stated that he would like to review the application in one year.
Commissioner Seibert - Stated that he does not think it should be reviewed unless there
are complaints specific to this business. Stated that he is not sure if the complaints
spoken about were actually from this business because the applicant has never been
visited by the Sheriffs Department.
Commissioner 1 e Berthon - Stated that there are generalized complaints and it is very
• hard to pinpoint a business.
Vice - Chairman Blum — Stated that he concurred.
Commissioner 1 e Berthon - Made a motion to approve Conditional Use Permit 04 -1595
with the modifications as discussed and also approve the negative declaration, seconded
by Commissioner Seibert and unanimously carried.
City Attorney Martin - Stated that there is the general compliance with the City's noise
ordinance.
Chairman Griffiths — Stated that the motion to approve carries and that there is a 15 -day
appeal period.
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Planning Commission
December 14, 2004
Page 12
D. PUBLIC HEARING:
A CONDITIONAL USE PERMIT TO ALLOW A BEAUTY
COLLEGE IN AN EXISTING 8,840 SQUARE FOOT
BUILDING LOCATED AT 10229 LOWER AZUSA
ROAD. THE SUBJECT SITE IS ZONED GENERAL
COMMERCIAL (C -2) AND IS DESIGNATED AS
COMMERCIAL ON THE CITY'S GENERAL PLAN LAND
USE MAP.
SITE: 10229 LOWER AZUSA ROAD
CASE NO.: CONDITIONAL USE PERMIT 04 -1584
PROPERTY OWNER: UNITED BEAUTY COLLEGE, INC
9324 E. GARVEY AVENUE, SUITE N
SOUTH EL MONTE, CALIFORNIA 91733
APPLICANT: SZETO & ASSOCIATES
2714 STINGLE AVENUE
ROSEMEAD, CALIFORNIA 91770
REPRESENTATIVE: SCOTT A. YANG
YANG & HARPHAM
21700 OXNARD ST., STE. 430
WOODLAND HILLS, CA 91367
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) NEGATIVE DECLARATION
4) ADOPT RESOLUTION
Director Dawson - Read the Staff Report dated December 14, 2004
Assistant Planner Gulick- Narrarated and showed the video.
City Attorney Martin - Asked if the property has always been deficient for parking.
Director Dawson — Stated that he is not sure if the property has always been deficient but
if it was just an office use, the use would require 36 parking spaces but for this use the
traffic engineer is stating that they need 66 parking spaces.
City Attorney Martin - Stated that no matter what goes in there it is going to be deficient.
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Planning Commission
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• Chairman Griffiths — Opened the Public Hearing.
Scott Yang — Stated that he is the president of United Beauty College. Stated that at their
current location they share 52 parking spaces with 9 active other businesses and have
never had a problem with parking even though the current location has specific signs
which prohibit students from parking so that the other nine active businesses are able to
accommodate their customers.
Commissioner I e Berthon — Asked the location of that site.
Scott Yang — Stated that it is at 9324 East Garvey Avenue, South El Monte. Stated that
they have been there for six years and one of the reasons why they are relocating is that
it is no longer financially feasible to stay and maintain the high rent being asked from the
landlord. Stated that the property on Lower Azusa is ideal because of the internal
structure of all the rooms that are already partitioned, which would make the business
very much ideal. Stated that the property itself is rather dilapidated and as it stands now
is an eyesore and that they have plans to make the premises more desirable and
presentable for the community. Stated that they started the application process prior to
the dose of escrow and the escrow closed in early June. Stated that one of the things
they asked the City was whether or not the Conditional Use Permit was going to be a
problem for them. Stated that the City told them they should submit the application and
•perhaps some mitigation factors might help them with the application. Stated that they
did that and the application sat with the City for months. Stated that they spoke with Vons
who owns a very large parking facility across the street which has a very large parking
facility and almost secured a lease with them allowing them to use the empty parking lot.
They were then told that they would need a cross walk as well as a light which made a
very difficult decision financially. Stated that at that time the Temple was willing to
engage a lease agreement with them wherein there is a provision that states that if they
were to breach the contract there are other remedies available by terms of a temporary
restraining order because certainly there would be an irremovable harm because the
Conditional Use Permit is hinged upon that.
Commissioner I e Berthon — Asked how he could get a Temporary Restraining Order on
an impact of violation of a parking agreement.
Scott Yang — Stated that it is a breach of contract action and we would have to show that
(1) we would prevail based upon the merits, which we have the contract itself as being the
evidence (2) we would have to show that there is an irreparable harm, in this particular
case having the Conditional Use Permit revoked and I believe that based on case law, as
long as the contract is enforceable we would probably be able to obtain that TRO.
Commissioner I e Berthon — Stated that he does not see how they could get a TRO in
any of these circumstances with the contract but what has been proposed as a possibility
is that you actually have the Temple deed some type of ownership in the sense of having
• a recorded deed. Asked Mr. Yang if he was in a position to guarantee that possibility.
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Planning Commission
December 14, 2004
Page 14
Scott Yang — Stated that he felt it would be a tremendous burden for the Temple. Stated
that he has not approached the idea to them.
Commissioner LeBerthon— Stated that was an enforceable thing unlike the possibility of
getting a TRO.
Scott Yang — Stated that to say that a contract basically can be signed by any person and
then simply breached at any time makes the entire concept of contract law to be futile.
Stated that the Temple has been using their parking spaces on Saturday evenings as well
as Sunday, so there is a symbiotic relationship between them. Stated that if you take a
look at the lease agreement they are allowing them to do this with no fee so long as they
allow and reciprocate that the Temple will be able to use our parking lot at the times when
we are not using them. Stated that he understands Director Dawson's concern for
parking was a big issue and that is why after closing escrow on the premises he
suggested that they would provide a shuttle service to their students to essentially have
all of them park at the park and ride where they have obtained authorization from the
State who owns that lot itself and shuttle students back and forth. Stated that the
distance is Tess than 1 — 2 miles and we have essentially researched the vehicle based
upon the Planning Commission's approval to make the acquisition and to initiate that
program. Stated that he is at a position that he has finalized all of his deals as far as the
property is concerned. Stated that he has been in this process of the Conditional Use
Permit for 12 months. Stated that if they were not approved they would sell the property
because they are in the business of beauty schools and not any other business.
Commissioner Seibe —Asked Director Dawson if the application been in the process for
12 months and if so why.
Director Dawson — Stated that the Planning Department has been in contact with the
representative for the applicant, Stan Szeto, for some time before the application was
actually submitted. Stated that he discouraged the application from proceeding because
he recognized the shortage of parking and relayed this to Mr. Szeto on many occasions.
Stated that after receiving a proposal from the traffic engineer, a check appeared for the
$7,200.00 unrelated to the application. Stated that the application came in on August 19th
and at that time the traffic analysis was done and this took a little longer than we would
usually anticipate. Stated that the traffic engineer was trying to figure out some solution
for the parking problem. Stated that if you read the traffic analysis they do not solve the
problem, they just talk about it a lot. Stated that he is shocked with the correspondence
he received by the application that lists a lot of dates. Stated that he spoke to Mr. Szeto
personally many times prior to the applicant submitting the application. Stated that he
never encouraged them to proceed. Stated that the possible solutions they come up with
such as parking across the street in the Vons parking lot would cause problems such as
jaywalking across a major street and would not be a viable solution. Stated that some of
the important dates are that on June 3, 2004, the Planning Department sent a letter to the
applicant stating that the City has concerns about parking problems and also with he
building. Stated that the applicant was reluctant to do a fa9ade improvement on the
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Planning Commission
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Page 15
• building and wanted to use the building as is and on June 3, 2004, the Planning
Department indicated concerns about the parking problem and also the condition of the
building. Stated that escrow closed a week later on June 11, 2004. Stated that there has
not been anything that the Staff has done to encourage this application and Staff feels it
is a problem waiting to happen, if approved.
City Attorney Martin — Stated that it does seem that the traffic engineer took a long time to
complete his study.
Commissioner Seihert — Asked who hired the traffic engineer.
Director Dawson — Stated that the City hired the traffic engineer. Stated that the applicant
paid for it.
City Attorney Martin — Asked if Director Dawson thought it was worth $7,000.
Director Dawson — Stated that he did feel it was worth it. It was a very thorough traffic
analysis. Stated that if you are going to proceed with this type of application, there are
costs associated with it. Stated that in their website it indicated that they have 165
students, a few more than the 75 indicated in their application. Stated that if you are
running a school with 75 students and you are applying for a Conditional Use Permit, you
can expect to spend some money on a traffic analysis. Stated that the Staff did not do
• anything to encourage the application, but in Tight of the fact that the application is here,
the traffic analysis was necessary and well worth it.
Commissioner .ib .rt — Asked if the traffic engineer explained why it took him so long to
finish it.
Director Dawson — Stated that he did not. Stated that Staff communicated often with him
and he was trying not to be abrupt in his conclusion that there was not enough parking.
Stated that additional information was being submitted along the line after the application
was submitted. Stated that at the very last minute, Staff indicated to the applicant's
representative the continuing concern and at that time, the applicant sent over information
taken off the Internet that shows a parking lot location, a park and ride facility, a picture of
a shuttle bus and a mapquest map.
Scott Yang — Stated that there are several factors. Summarized the application process
that were required to follow and indicated that the entire process was a hardship. Stated
that he will agree to do the shuttle service and anything else that the City will ask them to
do at this point. Stated that they have spent very much money and they are paying rent
at their location and a mortgage at the proposed location.
Vice - Chairman Blum — Asked Mr. Yang how many of the students use public
transportation.
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Planning Commission
December 14, 2004
Page 16
Scott Yang — Stated that roughly 21% of the students use public transportation and
another group gets dropped off and some do drive and park.
Commissioner Seibert — Asked how many customers the school normally has during the
day.
Scott Yang — Stated that their business does not produce very many customers and other
schools have more walk in customers. Stated that their receipts average anywhere from
$75 to $80 per day which translates to roughly 8 to 15 clients per day.
Commission .r S .ibe - Asked who the students practice on.
S.c.olLYang — Stated that they work on mannequins. Stated that the current enrollment as
of today is 73 students.
Commissioner _Seibert — Asked if they are there every day.
Scott Yang — Stated that their schedules fluctuate with times and days. Stated that there
are also part-time students and full -time students.
Vice - Chairman Blum — Asked what is the peak number of students that you would have at
one time.
Scott Yang — Stated that he would estimate 75 would be the peak number of students,
during the morning and would decrease during the day. Stated that the business is very
seasonal. Stated that the peak enrollment is between the months of August to November
and then it slows down.
Cathe Wilson, 10217 Randwick Drive, Temple City — Stated that she is requesting that
the Planning Commission listen closely to what has been going on. Stated that she wants
to explain that she met Mr. Yang over a year ago and he did some legal work for one of
the baseball leagues, and when he told her that he was moving to Temple City she was
happy because that property has been vacant for three years and is an eyesore. Stated
that the City has been talking about improving Lower Azusa Road. Stated that when she
asked him recently how things were going and she found out she was upset at how long it
was taking. Stated that the City would gain from approving his application. Stated that
she felt the traffic study took too long. Stated that the Gidley School is across the street
and the only traffic is in the early hours of the morning and later on coming home. Stated
that as far as increasing the noise level, there is not very much noise out there except for
the kids in school. Stated that she spoke to some of the residents in the area and felt that
this project would be good for the neighborhood. Stated that the Planning Department
has put this applicant through hell making them do various things and the applicant has
gone far and beyond what has been asked of them.
Chairman Griffiths — Asked if anyone else wanted to speak in favor or against the
application.
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Planning Commission
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Page 17
• Commissioner Seibert — Made a motion to close the Public Hearing, second by Vice-
Chairman Blum and unanimously carried:
Chairman Griffiths - Closed the Public Hearing and began discussion.
Commissioner Seibert — Stated that if it were based on the parking, he would say no and
deny the request but it has gone beyond the parking issue.
Director Dawson — Stated that the matter before the Planning Commission is strictly a
land use issue. Stated that the parking agreement was dated in October and the
information provided from the Internet was provided in November 2004. Stated that we
did not really have a complete application.
.Sommissioner Le Berthon — Stated that it is a relatively large building with a large use and
insufficient parking. Stated that the proposed solutions do not seem all that workable.
Stated that he would like to hear more discussion.
Vice - Chairman Blum — Stated that this is in a commercial district and the property to the
west is residential, so the is a mixed bag in this block. Stated that the parking would be
deficient regardless of the proposed use. Stated that this is a run down piece of property
and is degrading for the City and it seems that we should work with the applicant to make
this work. Stated that the combination of the agreement with the Temple, the parking on
• the site and the park and ride might work. Stated that perhaps we should try to find a
solution so that the property does not remain vacant and an eyesore to Temple City.
Stated that maybe it could be a condition of approval that it is a combination of the 22-
onsite parking spaces, the 25 parking spaces from the Temple and that the park and ride
shuttle be put in place.
Commissioner Seibert — Stated that one of the problems we have is enforcement of off -
site parking and the shuttle service. He is concerned about on- street parking that might
occur and create problems for the residents and how do we control that.
Chairman Griffiths — Stated that he understands the concerns of the Planning Department
Stated that he agrees that there is a traffic problem, there is a high -speed piece of narrow
roadway, and there is no parking on Lower Azusa Rd. at that location. Stated that the
parking is a problem and is greatly deficient. Stated that even with the shuttle service,
you have to be in and out of that driveway a lot. Stated that the proposed conditions
address the traffic concerns with eliminating left turns and other conditions. Stated that
he is concerned with what will happen to this property. Stated that he would like to see
something presented that would adequately mitigate the traffic and parking problem.
Stated that with what has been presented so far it is not there yet. Stated that there
needs to be some mitigation that is workable, enforceable and binding. Stated that
evidence has not been presented tonight and perhaps a continuance would be
appropriate.
Commissioner Seibert — Asked Mr. Yang for any comment or suggestion.
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Planning Commission
December 14, 2004
Page 18
Scott Yang — Stated that they did previously offer to purchase a property at one time but it
is no longer for sale. Stated that the solution would be for them to show evidence that
they intend to carry out what they say they are going to do. Stated that he would be
delighted to provide any evidence of that if it would mean approval.
Director Dawson — Stated that there was a house right next door to the subject property
that needed a variance and it was mentioned to Mr. Szeto that the house may be for sale
and he stated that you were not able or willing to purchase it.
Mr. Yang — Stated that by the time he found out the property was for sale, it was already
in escrow with the present owner.
Vice- Chairman Blum — Stated that he would really like to propose that we move forward
and use the 22 spaces on -site, the 25 at the Temple and very quickly solidify a shuttle
service to get the others there. If indeed, what is happening at the other site where the
applicant is currently located and there are nine other businesses and the parking with 52
spaces is working, then perhaps there is a number of people that are not driving their cars
to the site and they are taking public transportation or being transported there. Stated
that he would be willing to approve the request if the shuttle service were solidified and if
the school would handle the parking situation.
Commissioner S .ib .rt — Stated that no matter who comes in there, there is going to be a
parking problem.
Director Dawson — Stated that if this were an office use, it would require only 36 parking
spaces rather than 66 parking spaces.
Commissioner Seibert — Stated that looking at the parking situation, it is not an
acceptable location for any business.
Director Dawson — Stated that maybe a rezoning in this block would be appropriate.
Stated that from a planning perspective it might be appropriate to rezone some of the
parcels to R -2; there have been many R -2 developments along Lower Azusa Road.
Although this is not the issue tonight.
Commissioner Le Berthon — Asked if the proposed shuttle was going to be a bus owned
by the beauty school. Asked if the sole purpose of the shuttle would be to transport
students to and from the parking site.
Scott Yang - Stated that it is a cutoff van and would be owned by the school and the
driver would be an employee of the school. Stated that it was correct that the sole
purpose would be to transport students.
Commissioner 1 e Berthon — Asked how many spaces were going to be dedicated for
parking at the Temple and if the remaining students were going to the park and ride
facility in El Monte.
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Planning Commission
December 14, 2004
Page 19
• Scott Yang — Stated that was correct.
Commissioner Le Berthon — Asked how they would get to that location.
Scott Yang — Stated that they would take the bus, get dropped off or park there.
Commissioner Le Berthon- Stated that it would be understood that the arrangement
would be that these students would be taken to the park and ride location and be
transported by the shuttle to the school.
Scott Yang — Stated that was correct. On another note we will be having a full time
security guard on the premises at all times to make sure that students are not double -
parked on the adjacent streets.
Commissioner Le Berthon — Asked if the remaining parking on -site would be for faculty
only?
Scott Yang — Stated that it is not for faculty but for customers. Stated that the Temple
parking would be used for faculty and customers as well.
Commissioner I e Rerthon — Asked if he was willing to promise that there are 25
dedicated parking spaces at the Temple for use by the College. Asked if he was willing to
• come up with some type of guarantee to that effect.
Scott, Yang — Stated that was correct and it is in the contract that is attached and the
contact is a signed contract.
Commissioner Le Berthon — Asked how long the contract is effective.
Scott Yang — Stated that it is effective for five years.
Director Dawson — Asked where it says five years. Stated that he does not see a time
commitment.
Vice - Chairman Blum — Stated that it should be a condition that we have at least a five -
year parking lease agreement.
City Attorney Martin — Stated that the parking agreement has a lot of problems with it that
could be discussed at a later date. Stated that he was concerned if there was any real
consideration to this contract and (2) there is no provision for specific performance in it
and there can't be a court order because there is binding arbitration. Stated that if you
are going to approve this in any short form you are going to have to approve it subject to
the following conditions:
1. That this agreement remains in effect.
• 2. That the shuttle service remain in effect and
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Planning Commission
December 14, 2004
Page 20
3. That the operator make a diligent and good faith effort to keep the streets free of
employee and customer parking.
City Attorney Martin (continued) — Failure of any one of those three at any time will result
in a revocation of the Conditional Use Permit.
Vice - Chairman Blum — Asked the applicant if he is agreeable to those conditions of
approval.
Scott Yang — Stated that he was.
Chairman Griffiths — Stated that he was not sure if that was as good an idea as continuing
this until this kind of information is formalized and represented.
Commissioner Seibert — Stated that the CUP would not become effective until it is.
Commissioner! e Berthon — Stated that the problem is if any of these conditions fail in the
future, then we are back to the same problem again.
Vice- Chairman Blum — Stated that we will then be the bad guys shutting down the school.
Director Dawson — Stated that without some comfortable certainty that this can work, he
would rather see a continuance.
Commissioner Seibert — Stated that if it does not go into effect until these conditions are
met, what is the difference.
Chairman Griffiths — Stated that if the City Attorney can assure him that this can be
worked out then he can go with it.
Vice - Chairman Blum — Stated that the applicant is paying rent and a mortgage.
Director Dawson — Stated that in the Staff Report, six specific conditions were outlined.
Stated they are on page 3 of the Staff Report and on the top of page 4.
Vice - Chairman Blum — Asked if there was a condition on the facade.
Director Dawson — Stated that one could be added that says substantial compliance with
the submitted plans, including the improvements to the building facade, resurfacing the
parking area and also removing the existing sign.
Vice- Chairman Blum — Stated that there was also something in the traffic report about
getting rid of some vegetation because of the visibility.
Director Dawson — Stated that there are six conditions in the Staff Report, plus the
compliance with the submitted plans, plus removal of the shrubbery as indicated in the
traffic report.
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•
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"
P l a n n i n g C o m m i s s i o n
D e c e m b e r 1 4 , 2 0 0 4
P a g e 2 1
C o m m i s s i o n e r L e B e r t h o n S t a t e d t h a t t h e f i r s t c o n d i t i o n i s a c o v e n a n t b u t t h e r e i s n o
g u a r a n t e e t h a t a c o v e n a n t c a n b e r e c o r d e d .
C i t y A t t o r n e y M a r t i n S t a t e d t h a t i f t h e C o n d i t i o n a l U s e P e r m i t i s g r a n t e d , i t s h o u l d
t e r m i n a t e a u t o m a t i c a l l y i f t h e a g r e e m e n t w i t h t h e T e m p l e f a i l s o r a n d i f t h e s h u t t l e f a i l s
a n d i t w i l l b e d e e m e d a p u b l i c n u i s a n c e s u b j e c t t o r e v o c a t i o n i f o n - s t r e e t p a r k i n g i n t h e
a r e a b e c o m e s a p r o b l e m .
C o m m i s s i o n e r L e B e r t h o n - S t a t e d t h a t t h o s e a r e n e w c o n d i t i o n s .
V i c e - C h a i r m a n B l u m S t a t e d t h a t i f t h e a g r e e m e n t d o e s t e r m i n a t e , c o u l d t h e s h u t t l e p i c k
u p t h e s l a c k .
C o m m i s s i o n e r S e i b e r t - S t a t e d t h a t h i s p r i m a r y c o n c e r n i s t h e n e i g h b o r h o o d a n d t h e
p a r k i n g o n r e s i d e n t i a l s t r e e t s .
C h a i r m a n G r i f f i t h s S t a t e d t h a t i t w o u l d b e c o m e a p r o b l e m u n l e s s t h e r e i s s o m e r e a l l y
w o r k a b l e m e a n s p u t i n t o p l a c e t h a t i s b i n d i n g a n d e n f o r c e d .
C o m m i s s i o n e r L e B e r t h o n - A s k e d a b o u t t h e p o s s i b i l i t y o f p a r k i n g b y p e r m i t o n l y .
C o m m i s s i o n e r S e i b e r t S t a t e d t h a t y o u c a n ' t r e s t r i c t t h e n e i g h b o r h o o d , a n d t h a t s o l u t i o n
" d o e s n o t w o r k v e r y w e l l .
C h a i r m a n G r i f f i t h s A s k e d C i t y A t t o r n e y M a r t i n f o r t h e s u g g e s t e d l a n g u a g e o f
c o n d i t i o n s .
C i t y A t t o r n e y M a r t i n S t a t e d t h a t i f t h i s C o n d i t i o n a l U s e P e r m i t i s t o b e g r a n t e d , i t w i l l b e
g r a n t e d o n t h e b a s i s t h a t 1 ) t h i s i s a p r o b l e m p i e c e o f p r o p e r t y ; 2 ) t h a t n o u s e c o u l d g o i n
t h e r e t h a t c o n f o r m s w i t h t h e e x i s t i n g p a r k i n g r e q u i r e m e n t s a n d t h e r e f o r e , t h e P l a n n i n g
C o m m i s s i o n i s g o i n g t o g r a n t a C o n d i t i o n a l U s e P e r m i t f o r t h i s u s e b e c a u s e i t i s t h e o n l y
u s e n o w b e i n g p r o p o s e d a n d b e c a u s e t h e r e w o u l d b e a p a r k i n g d e f i c i e n c y f o r v i r t u a l l y
a n y o t h e r u s e ; 3 ) t h e C . U . P . , i f g r a n t e d w o u l d b e c o n d i t i o n e d u p o n t h e s i x p o i n t s t h a t
D i r e c t o r D a w s o n m e n t i o n e d , p l u s n u m b e r s e v e n a n d n u m b e r e i g h t t h a t h e m e n t i o n e d ; 4 )
t o g e t h e r w i t h a n e w c o n d i t i o n t h a t t h e C o n d i t i o n a l U s e P e r m i t w i l l n o t g o i n t o e f f e c t a n d
w i l l b e t e r m i n a t e d a u t o m a t i c a l l y ( a ) i f t h e c o v e n a n t w i t h t h e T e m p l e f a i l s f o r a n y r e a s o n f o r
a p e r i o d o f t i m e i n e x c e s s o f t h r e e d a y s o r ( b ) i f t h e s h u t t l e a r r a n g e m e n t s f a i l f o r a n y
r e a s o n t o a n e x t e n t o f m o r e t h a n t h r e e d a y s o r ( c ) i f t h e o f f - s t r e e t p a r k i n g b y e m p l o y e e s
a n d c u s t o m e r s b e c o m e s a p u b l i c n u i s a n c e ; u p o n a n y s u c h f a i l u r e , t h e P l a n n i n g
C o m m i s s i o n w o u l d h o l d a h e a r i n g t o r e v o k e t h e C o n d i t i o n a l U s e P e r m i t .
V i c e - C h a i r m a n B l u m m a d e a m o t i o n f o r t h e a b o v e s t a t e d l a n g u a g e , s e c o n d e d b y
C o m m i s s i o n e r S e i b e r t .
N : \ W o r d \ D e p a r t m e n t \ C D D \ M I N S \ P C M I N U T E S 2 0 0 4 \ P C M I N U T E S D e c e m b e r 1 4 2 0 0 4 . d o c
"
P l a n n i n g C o m m i s s i o n
D e c e m b e r 1 4 , 2 0 0 4
P a g e 2 2
R O L L C A L L V O T E :
C o m m i s s i o n e r S e i b e r t y e s t o a p p r o v e
C o m m i s s i o n e r L e B e r t h o n y e s t o a p p r o v e
V i c e - C h a i r m a n B l u m y e s t o a p p r o v e
C h a i r m a n G r i f f i t h s y e s t o a p p r o v e
C h a i r m a n G r i f f i t h s - S t a t e d t h a t t h e m o t i o n t o a p p r o v e c a r r i e s , s u b j e c t t o a 1 5 - d a y
a p p e a l / r e v i e w p e r i o d .
8 . C O M M U N I C A T I O N S : N o n e
9 . M A T T E R S F R O M C I T Y O F F I C I A L S : N o n e
1 0 . A D J O U R N M E N T
T h e r e b e i n g n o f u r t h e r b u s i n e s s , C h a i r m a n G r i f f i t h s a d j o u r n e d t h e m e e t i n g a t
1 0 : 1 5 P . M .
" A T T E S
S e c r e t a r y
N : \ W o r d \ D e p a r t m e n t \ C D D \ M I N S \ P C M I N U T E S 2 0 0 4 \ P C M I N U T E S D e c e m b e r 1 4 2 0 0 4 . d o c