CC - Conditional Use Permit 96-678 - Internal File 046
TO: HONORABLE MAYOR
AND MEMBERS OF
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGER
DATE: SEPTEMBER 24, 1996
SUBJECT: CONDITIONAL USE PERMIT 96-678; APPEAL
Church with Off-Site Parking
2518 & 2530 N. San Gabriel Boulevard
Conditional Use Permit 96-678, allowing construction and operation of a church with some of the
off-street parking located on a separate lot was approved by the Planning Commission on August
5, 1996. The appeal of this item was continued from the City Council meeting of September 10,
1996. The staff report(s) and minutes are attached for your review.
A. APPEAL
On August 13, 1996, the City Clerk received a written appeal of the decision from the Law
Offices of David L. Brault, who is representing Mr. Joseph Barclay the owner of the property
located in between the two subject sites (2524 San Gabriel Boulevard). This letter argues that the
City Council should reverse the Planning Commission decision because; 1) the appellant did not
receive proper notification of the public hearing, 2) a church would diminish the appellant's
property value, and 3) a church is an incompatible use next to his construction company.
B. ANALYSIS
1. Notification; The notices were prepared by Mr. Engles Shen as shown-on the Affidavit
attached. A copy of the mailing label list shows that a notice was sent [o Mr. Barclay at his
mailing address in Modesto. This address is confirmed with the City's TRW ownership database
and the property profile provided by Mr. Barclay's attorney (attached).
Notices of the Planning Commission hearing were sent out on July 3, 1996. This item was
continued from the meeting of July 15 to August 5, 1996. Staff did not receive any written or
verbal objection either in person or by telephone during this period. Staff finds that the legal
property owner of title was sent proper notice.
COUNCIL AGENDA
SEP 2 4 1996
ITEM No. ~1• ~9.
Conditional Use Permit 96-678; Appeal
City Council, 9-24-96
Page 2 of 2
2. Property Value; Staff finds that any new development at this location would clean up
unpermitted, run down buildings and property which would most likely increase the property
value. In addition, the parking lot at 2530 San Gabriel would not appear to be part of the church
development, and could be a valuable asset for this area.
3. Compatibility; Religious Institutions are allowed uses in any zone upon granting a conditional
use permit. This church has made a conscious decision to locate next to this established industrial
use. They are aware that they are in the M-1 zone which means that any light
industrial/manufacturing use could locate next door at any time. Any noise or other impacts, that
are within the levels allowed under the City Codes, are something the church has to accept.
4. Municipal Code Requirements; Section 9181.3 of the Rosemead Municipal Code (RMC)
allows "Churches or other places used exclusively for religious worship" in any zone upon the
granting of a Conditional Use Permit (CUP). Sections 9180 sets criteria required for granting
such a permit. These criteria require that the proposed use is deemed; 1) essential or desirable
to the public convenience or welfare, 2) in harmony with the elements or objectives of the general
plan, and 3) not to be detrimental or injurious to surrounding property.
C. RECOMMENDATION
Staff recommends that the City Council uphold the Planning Commission decision and approve
Conditional Use Permit 96-678, subject to the conditions of approval imposed by the Planning
Commission on August 5, 1996.
Attachments:
1. Appeal Letter (dated 8-13-96)
2. Planning Commission Staff Reports (dated 7-15 and 8-5-96)
3. Planning Commission Minutes (dated 7-15 and 8-5-96)
4. Planning Commission Resolution 96-42
5. Copy of Mailing Labels used for public notices
6. Assessor Parcel Map Book 5283, Page 013, parcels 018, 019, and 020
7. TRW REDI Property Data profiles for 2518, 2524, & 2530 San Gabriel Boulevard