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Minutes for Planning Commission Regular Meeting

MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF WEST COVINA
Tuesday, April 9, 2024

The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the West Covina City Council Chambers, 1444 West Garvey Avenue, West Covina, California.
 
MOMENT OF SILENT PRAYER/MEDITATION

The Commission observed a moment of silent prayer and meditation.
 
PLEDGE OF ALLEGIANCE

Commissioner Williams led the Pledge of Allegiance.
 
ROLL CALL
Present:
Gutierrez, Williams, Heng, Becerra, Lewis
Staff Present:
Koo, Burns, Machado, Rivera
 
APPROVAL OF MINUTES
 
1.
Regular meeting, February 13, 2024 - Chair Gutierrez requested amendments to the minutes.  The minutes were approved as amended.
 
ORAL COMMUNICATIONS

This is the time when any member of the public may speak to the Commission on any matter within the scope of duties assigned to the Commission relating to non-agendized or consent calendar items. Other matters included on this agenda may be addressed when that item is under consideration. For all oral communications, the chairperson may impose reasonable limitations on public comments to assure an orderly and timely meeting. The Ralph M. Brown Act limits the Planning Commission and staff's ability to respond to public comments at this meeting. Thus, your comments may be agendized for a future meeting or referred to staff. The Commission may ask questions for clarification, if desired, at this time.

By policy of the Commission, Oral Communications at this time on the agenda is limited to a total of 15 minutes.

None
 
PUBLIC HEARINGS
 
2.
CONDITIONAL USE PERMIT NO. 24-02
CATEGORICAL EXEMPTION

APPLICANT: Atabak Youssefzadeh
LOCATION: 300 N. Azusa Avenue
REQUEST: The applicant is requesting a Conditional Use Permit (CUP) to allow the off-site sale of beer and wine (Type 20) within an existing 541 square foot convenience store at a service station, known as Arco, located in the "Neighborhood Commercial" (N-C) Zone.


Associate Planner Miriam Machado presented the staff report. 

Chair Gutierrez opened the public hearing.

PROPONENT:

Atabak Youssefzadeh, applicant, spoke to the Commission and agreed to the conditions of approval. 

Herb Redholtz stated he was neutral and wanted to speak regarding the project.

OPPONENTS:

Glenn Kennedy, Satusnala Selt, and Azaid Brar spoke in opposition to the application.

Chair Gutierrez closed the public hearing.

There was a discussion by the Commission regarding this application.  

Deputy City Attorney Koo spoke regarding categories and types of businesses that are allowed to sell alcoholic beverages by the Department of Alcoholic Beverage Control.

Chair Gutierrez asked about the accuracy of the dimensions of the store.  There was also a discussion regarding accessible parking spaces.

Motion by Becerra, seconded by Heng, to waive further reading and adopt Resolution No. 24-6147, a resolution of the Planning Commission of the City of West Covina, California, approving Conditional Use Permit No. 24-02.   

Prior to casting his vote, Chair Gutierrez reopened the public hearing and asked further questions of the applicant regarding the location of the alcoholic beverages. Motion carried 3-1-1. (Lewis opposed, Gutierrez abstained). 

Chair Gutierrez stated that this action is final unless it is appealed, in writing, to the City Council within ten days.
 
NON-HEARING ITEMS
 
3.
ART IN PUBLIC PLACES NO 24-02 (PHASE 2)
1115 S. SUNSET AVENUE - EMANATE HEALTH (QUEEN OF THE VALLEY)


Deputy Community Development Director Jo-Anne Burns presented the staff report.

During the presentation she spoke about the type of sculpture, the size, type of material to be used and location of the sculpture.  In addition, she provided the Commission with locations of other artwork by the artist.  

Applicant Ken Kuller spoke regarding the updated budget for the project and answered questions by the Planning Commission.

There was a discussion by the Commission regarding the proposed artwork with the applicant.


Motion by Gutierrez, seconded by Becerra, to approve Art In Public Places No. 24-02 (Phase 2), located at 1115 S Sunset Avenue - Emanate Health (Queen of the Valley).  Motion carried 5-0.
 
TEN-DAY APPEAL PERIOD: Actions taken by the Planning Commission that are not recommendations to the City Council will become final after ten (10) calendar days unless a written appeal with the appropriate fee is lodged with the City Clerk's Office before close of business on the tenth day.
 
COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS

This is the time when any member of the Commission may bring a matter to the attention of the full Commission that is within the scope of duties assigned to the Commission. Any item that was considered during the Agenda is not appropriate for discussion in this section of the agenda. NO COMMISSION DISCUSSION OR ACTION CAN BE CONSIDERED AT THIS TIME. If the Commission desires to discuss an issue raised by a speaker or take an action, the Commission may vote to agendize the matter for a future meeting.


Commissioner Lewis commented regarding voting and discussion of matters being considered. The Deputy City Attorney provided directions regarding discussion and voting. She further suggested that this matter be agendized for further questions and/or discussion.

Commissioner Lewis left the meeting at 8:10 p.m. prior to adjournment.
 
4.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT

Deputy Community Development Director Jo-Anne Burns told the Commission that there will be an Arbor Day Event on April 27, 2024 from 11 am to 1 pm at the West Covina Civic Center.

The Planning Commission members will be provided with city email addresses.

Staff will agendize the Planning Commission Rules of Order for discussion at a future meeting.
 
5.
CITY COUNCIL ACTION:
This is an oral presentation of City Council matters and actions, which are in the Commission’s area of interest

Zone Change No. 23-01 (Development Code Update) was introduced by the City Council. Second reading will be at the City Council meeting on April 16, 2024.

Chair Gutierrez asked for a status on the revocation of Conditional Use Permit No. 15-05, and Administrative Use Permit No. 15-09, (Rebel Yell). Deputy Community Development Director Jo-Anne Burns stated that it was scheduled for a hearing by the City Council in December; however, an attorney representing the owner requested that the City Attorney engage in a civil compromise. Staff is unable to discuss what has been discussed but will provide an update when it is scheduled for review by the City Council.









 
ADJOURNMENT
Chair Gutierrez adjourned the meeting at 8:22 p.m.

Respectfully submitted:
 
Lydia de Zara
Senior Administrative Assistant