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PC - Minutes 8-16-93CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING AUGUST 16, 1993 MINUTES 1. CALL TO ORDER - The regular meeting of the Planning Commission of the City of Rosemead was called to order by Chairman Young at 7:00 p.m. in the Council Chambers of the Rosemead City Hall, 8838 E. Valley Boulevard, Rosemead. The Pledge of Allegiance was led by Commissioner Breen. The Invocation was delivered by Chairman Young. 2. ROLL CALL - Present: Ruiz, Young, Breen, Ortiz Absent (excused): Lowrey Ex Officio: Stewart, Price, Lyons, Tarr, Troyer, Pitzer 3. APPROVAL OF MINUTES - Regular meeting of August 2, 1993 (MO) It was moved by commissioner Breen, seconded by Commissioner Ortiz, to approve the minutes of the regular meeting of August 2, 1993 as presented. Vote resulted: Yes: Ruiz, Young, Breen, Ortiz Absent (excused): Lowrey 4. EXPLANATION OF HEARING PROCEDURES AND APPEAL RIGHTS - City Attorney Stanton Price explained the public hearing process and the right to appeal decisions of the Planning Commission to the City Council. 5. ADMINISTRATION OF OATH - The secretary administered the oath to members of the audience wishing to speak. PUBLIC HEARINGS 6. TENTATIVE TRACT MAP 51586 & ZONE VARIANCE 93-250 & ZONE CHANGE 93-194 - 7629-37 Graves Avenue - Request from Rosemead Country Estates to change the underlying zone from R2 (Medium Multiple Residential) to PD in order to develop a 7-unit tract on a site smaller than the prescribed minimum size (continued from 8-2-93). Mr. Lyons presented the staff memorandum and recommended that the project be approved as originally submitted. The Chairman opened the public hearing. Addressing the Commission in favor of the project were: Caroline Seitz, P.O. Box 784, Westminster. Ms. Seitz stated that this was the fourth public hearing for the project and that those present in support of the proposed-development were Benson Wu, Wenny Young, Edmond Cheng (project architect and engineer), Sydney Cheng and Ken Gross. Ms. Seitz referred to her letter to the Planning Commission dated August 10, 1993; stated that she had no objections to the conditions of approval for the project; that following the August 2, 1993 meeting Ms. Leong's representative, Larry Speight, had been replaced by John Carmona with whom she met on August 9, along with Benson Wu and Wenny Young to discuss a way for the property owners to work together; that no offer for the purchase of an easement had resulted; that the applicants were not willing to ask for another continuance J • PC Minutes 8-16-93 page 2. as suggested by Ms. Leong's counsel; that no filing fee had been paid by Ms. Leong for her project, that the proposed project is a viable, well-designed project that could stand on its own and would be an asset to the City. Benson Wu, 1506 Camino Lindo, South Pasadena, representative for the business partners for the project. Mr. Wu stated that efforts to come to an agreement with Ms. Leong have not been successful, that the project is designed with a good entrance; that there is a time constraint due to the escrow closing time; that much time was already spent on the project and that he hoped the Commission would approve the project. Wenny Young, 2434 W. Main Street, Alhambra, representing the general partner, Century Pacific. Ms. Young stated that following the 8-2-93 Planning Commission meeting and consequent meeting with Larry Speight, Ms. Leong's spokesperson at that time, no offer had resulted; that correspondence was received from John Carmona and Jonathan Stone of the law firm Barbosa Garcia & Barnes; and that it had become evident that the two neighboring parties in this case could not work together. Addressing the Commission in opposition to the project were: John Carmona, Principal of Carmona & Associates, 371 Lexington Street, Upland. Mr. Carmona stated that he was retained to provide landuse and professional planning assistance to Ms. Dolly Leong and to the firm of Barbosa Garcia & Barnes; that he had been on the case approximately one week; that he was of the opinion that the proposal was in conflict with the General Plan and that in order to approve the project, a general plan amendment and a zoning amendment to the Planned Development zone standards to allow for projects of less than one acre would be required; that his four-page letter and attachment, distributed to the Commission for assessment, included his request that the applicants be asked to agree to a continuance; and that in case such action did not seem appropriate, it was his request that the project be denied without prejudice. The letter dated August 13, 1993 was entered into the records. Jonathan Stone, with the law firm of Barbosa Garcia & Barnes, 500 Citadel Drive, Commerce, representing Ms. Dolly Leong. Mr. Stone stated that he believed that there were serious legal problems with the applicant's proposal; that he suggested to the applicants a solution to the legal problem; that a written offer to contribute proportionally to the cost of developing the street had been made; that the offer was rejected; that he had encouraged communication, but that the offer was regarded unacceptable, without further explanation. Mr. Stone distributed a five-page legal analysis regarding the issues presented to the Commission and stated that the document included eleven legal points which, in his opinion, each independently required the Commission to deny the application. The five-page legal analysis was entered into the record. Juan Nunez, 2702 Del Mar, Rosemead. Mr. Nunez referred to the location of the storm drain under the proposed homes and inquired what would happen if the homes were somehow subjected to flood water. Mr. Lyons responded that the tract map had been reviewed and approved by the L.A. County Sanitation District and would continue to be reviewed during the design phase. There being no one else wishing to address the Commission, the Chairman allowed opportunity for the applicants to speak in rebuttal. PC Minutes 8-16-93 page 3. Ken Gross, 900 Wilshire Boulevard, Suite 1126, Los Angeles, attorney for the applicants. Mr. Gross stated that it was clear that since the last meeting, no serious efforts toward a cooperative development had been made; that the project does have less than the one acre required for a planned development project, but that Ms. Leong did not have a good reason to use this as an argument as she received the same type of variance on her mission Drive project a few months ago; and encouraged the Commission to vote for approval. The Chairman closed the public hearing. Discussion by the Commission: (MO) It was moved by Commissioner Breen, seconded by Commissioner Ortiz to approve Tentative Tract Map 51586, Zone Variance 93-250 and Zone Change 93-194 subject to the conditions of approval. Vote resulted: Yes: Ruiz, Young, Breen, Ortiz Absent: Lowrey The Chairman ordered a five-minute recess at 7:55 p.m. and resumed the meeting accordingly. 7. DESIGN REVIEW 93-59 - 8855 Valley Boulevard - Request from Sun West Management Company to remodel the exterior facade of Universal Savings, located within a Design Overlay area. Mr. Lyons presented the staff report with the recommendation to approve. The Chairman opened the public hearing. Addressing the Commission in favor of the project were: Steven Chan, owner of Sun West Property Management, 1147 Broadway #387, Glendale. Mr. Chan stated that the current owners of the center bought the property from Universal Bank in 1988; that the bank's lease will expire on July 31, 1994; that the owners asked the bank to stay and that one of the conditions was to remodel the bank's exterior; that the plan for Phase 1 was now ready for the Commission's approval; that many of the owners of the shopping center were present to show their sincerity; and that he had done many of these types of remodeling projects before. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Alternative locations for the drop-off mailboxes for the Post office were discussed, with safety and traffic circulation in mind. The Chairman reopened the public hearing to ask for clarification regarding access. Fred Lion, 756 Calmelette Avenue, Glendale, contractor for the project. Mr. Lion stated that rerouting of traffic between the postoffice and the bank building was only partially geared for the drop-off mail box in front of the Post Office. The public hearing was closed. The Commission agreed on keeping the drop-off mail boxes where they are currently located. PC Minutes 8-16-93 page 4. • (MO) It was moved by Commissioner Breen, seconded by Commissioner Ruiz, to approve Design Review 93-59 omitting the new location of the post office boxes. Vote resulted: Yes: Ruiz, Young, Breen, Ortiz Absent: Lowrey 8. GENERAL PLAN AMENDMENT 93-4 - Proposed adoption and incorporation into the Rosemead General Plan of a new elective element regarding Air Quality. Mr. Tarr presented the staff memorandum with the recommendation to approve the Negative Declaration and PC Resolution 93-44 which asks that the City Council adopt the policies as specified in the Air Quality Element of the Rosemead General Plan. The Chairman opened the public hearing. There was no one in the audience wishing to speak in favor of the proposed recommendation. Addressing the Commission in opposition to the proposed recommendation were: Victor Caballero, 3341 N. Muscatel Avenue, Rosemead. Mr. Caballero showed a collection of newspaper articles opposing the use of leaf blowers, and requested that the City adopt an ordinance banning the use of leaf blowers and also to restrict fireworks. Juan Nunez,, 2702 Del Mar. Mr. Nunez stated that the City has an unenforced ordinance on the use of leaf blowers; that fireworks are illegal and that rules and regulations by the City on air quality are needed. Fernando Caballero, 8902 Nevada Street, Rosemead. Mr. Caballero was opposed to the use of leaf blowers. There being no one else wishing to address the Commission, the public hearing was closed. Discussion by the Commission: Commissioner Breen was opposed to the City getting involved in air quality control and recommended that the Commission pass the proposal on to City Council without taking a vote. Commissioner Ruiz felt that it was the Commission's obligation to implement an action plan. (MO) It was moved by Commissioner Ruiz, seconded by Commissioner Ortiz, to recommend to the City Council the adoption of policies as specified in the Air Quality Element of the Rosemead General Plan. Vote resulted: Yes: Ruiz, Young, Ortiz Abstain: Breen Absent: Lowrey Commissioner Breen requested the record to show that he abstained from voting based on his preference that City Council take the action. • PC Minutes 8-16-93 page 5. OTHER BUSINESS l ~J 9. EXTENSION OF CONDITIONAL USE PERMIT 90-498 - Request to continue the sale of beer and wine for off-site consumption at 9726 Valley Boulevard (La Pinarena - continued from 7-19-93). Mr. Troyer presented the staff memorandum and recommended a three-month extension. Commissioner Ortiz expressed concerns about the electrical panel, trash, and hazardous conditions. (MO) It was moved by Commissioner Ortiz, seconded by Commissioner Ruiz, to extend Conditional Use Permit 90-498 for a period of three (3) months, subject to conditions 1 through 11. Vote resulted: Yes: Ruiz, Young, Breen, Ortiz Absent: Lowrey 10. EXTENSION OF CONDITIONAL USE PERMIT 91-537 - Request to continue the sale of beer and wine for off-site consumption at 3200 Del Mar Avenue (Alba's Market). Mr. Troyer presented the staff memorandum and recommended a two (2) year extension. (MO) It was moved by Commissioner Ruiz, seconded by Commissioner Breen, to extend Conditional Use Permit 91-537 for a period of two (2) years, subject to conditions 1 through 12. Vote resulted: Yes: Ruiz, Young, Breen, Ortiz Absent: Lowrey 11. EXTENSION OF CONDITIONAL USE PERMIT 89-459 - Request to continue the sale of beer and wine for off-site consumption at 8205 Hellman (Double 8 Liquor and Market). Mr. Troyer presented the staff memorandum and recommended a two (2) year extension. (MO) It was moved by Commissioner Breen, seconded by Commissioner Ruiz, to extend Conditional Use Permit 89-459 for a period of two (2) years. Vote resulted: Yes: Ruiz, Young, Breen, Ortiz Absent: Lowrey 12. EXTENSION OF CONDITIONAL USE PERMIT 90-492 - Request to continue the sale of alcoholic beverages for off-site consumption at 8412 Garvey Avenue (Roy's Liquor). Mr. Troyer presented the staff report and recommended a a six (6) month extension. Commissioner Breen stated that.he preferred an extension period of three (3) months instead of the proposed six (6) months based on the poor condition of the building. The applicant, Jay Chandi, 9412 Pitkin Street, Rosemead, stated that the building had been painting except for the fine details, which will be completed within one week. Based on the improvements at the site, the item was continued to the next regular meeting of September 7, 1993, at which time a longer extension period might be appropriate. PC Minutes 8-16-93 page 6. 13. PC RESOLUTION 93-43 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING A CHANGE OF ZONE FROM P (PARKING) TO C3 (MEDIUM COMMERCIAL) FOR PROPERTY LOCATED AT 2737, 2737 1/2, AND 2739 DEQUINE AVENUE. Mr. Price presented the resolution by title only. (MO) It was moved by commissioner Breen, seconded by commissioner Ortiz, to waive further reading and adopt. Vote resulted: Yes: Ruiz, Young, Breen, Ortiz Absent: Lowrey 14. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter Juan Nunez, 2702 Del Mar, inquired who is in charge of preventing drinking outside liquor stores, the business owner or the Sheriff's Department. Mr. Nunez is working with both and was encouraged to document cases and report to staff. 15. MATTERS FROM CITY OFFICIALS AND STAFF Commissioner Ruiz passed on a complaint from a resident on Marshall Street about a hole in the Lyons Christmas Tree lot fence which has resulted in people drinking behind the resident's house and throwing empty bottles in the yard. 16. There being no further business to come before the Commission, the meeting was adjourned at 9:15 p.m. The next meeting will take place on September 7, 1993, at 7:00 p.m.