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PC - Minutes 8-15-94$5, C) CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING August 15, 1994 MINUTES 1. CALL TO ORDER - The regular meeting of the Planning Commission of the City of Rosemead was called to order by Chairman Lowrey 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 Lowrey. 2. ROLL CALL - Present: Loi, Ruiz, Lowrey, Breen, Ortiz Absent: None Ex Officio: Wagner, Price, Lyons, Chicots, Troyer, Pickett 3. APPROVAL OF MINUTES - Regular meeting of August 1, 1994 - Deferred to September 6, 1994 Planning Commission meeting. 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. PLANNING TEXT AMENDMENT 94-1 - Amending the Rosemead Municipal Code regarding additions to existing residential uses and dwellings with substandard parking. Gary Chicots presented the staff memorandum with the recommendation to certify the Negative Declaration and approve MCA 94-1. Chairman Lowrey inquired if this particular new amendment have any bearing with the sidewalk or any public improvement. Mr. Chicots replied that this new ordinance will not affect any improvements. The Chairman opened the public hearing. Addressing the Commission in opposition of the request was: John Rauth, 4528 Bartlett Avenue, Rosemead. Mr. Rauth was questioning how the City allows substandard homes being placed in substandard lots all over the City, and thus creating substandard parking. Mr. Lyons clarified the term substandard in this presentation. Every home should have at least a two (2) car garage but in this case, many homes built in the mid 1950's were built legally with only a one (1) car garage. These homes are thus called legal non-conforming or legal substandard. The substandard being referred to was not having a two (2) car garage. Mr. Lyons added that the City is not permitting substandard homes on substandard lots all over the City. The Chairman advised Mr. Rauth to come in to the City Hall and discuss with staff for any additional concern or questions. PC Minutes 8-15-94 page 4. station has the plan and the ability of increasing the TV channels. One channel will be designated for home shopping and another one for providing community educational program. She continued that one of the primary reasons for maintaining the electronic reader board sign was because the channel is a paid 24-hour cable TV station and the sign is necessary and useful in advertising their services; and also, because there is no frontage to show the TV station being in the location, they need to keep the sign to show that the TV station is in the area. Commissioner Ortiz wanted to know what kind and size of satellite dishes will be used on the roof of the site. Ms. Lee responded that satellite receivers were about 3 ft. tall and the air conditioning units at the roof are only about 4 ft. tall, while the rest of the transmitting parts made of fiberglass materials will all be installed underground. And if this becomes a problem, the satellite dishes may be relocated at the ground floor by the trash bins or landscaping area in the rear of the building. Bart Doyle, representing the law firm of Broback, Slater & Harrison, 550 So. Hope Street, Los Angeles. He represents the management group, who is the actual owner of the sign and is currently negotiating with NATV either to sell or lease the sign. Mr. Doyle explained that this sign is subject to a Caltrans permit. This particular sign was issued a permit in 1988 with no particular conditions or problems at that time but they are currently investigating the status of the permit. There are public safety standards embodied in the state law which would apply to signs. In addition, the sign had operated in the past with no problems or accidents attibuted to its operation. He was, therefore, in support of approving the project. There being no one else wishing to address the Commission, the public hearing was closed. (MO) Without discussion, it was moved by Commissioner Ruiz, seconded by Commissioner Ortiz, to approve Zone Variance 94-265. Vote resulted: Yes: Loi, Ruiz, Lowrey, Breen, Ortiz No:. None Abstain: None Absent: None OTHER BUSINESS 9. EXTENSION OF CONDITIONAL USE PERMIT 91-531 - Request to continue the on-site sale of beer and wine at an existing restaurant located at 3219 N. San Gabriel Boulevard (Vi-Ky Restaurant). Mr. Troyer presented the staff memorandum with the recommendation to continue the item to the September 19, 1994, regular meeting to allow applicant time to comply with conditions of approval. There being no objection, the Chairman continued the item to the regular meeting of September 19, 1994. 10. PC RESOLUTION 94-16 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING TENTATIVE TRACT MAP 51727 & ZONE CHANGE 93-198 TO SUBDIVIDE AN EXISTING PARCEL INTO 17 SINGLE FAMILY LOTS UTILIZING THE PLANNED DEVELOPMENT (P-D) ZONE CONCEPT LOCATED AT 8723-29 MISSION DRIVE. q . o PC Minutes 8-15-94 page 5. Mr. Price read 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: Loi, Ruiz, Lowrey, Breen, Ortiz No: None Abstain: None Absent: None 11. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter John Rauth, 4528 Bartlett Avenue, Rosemead. Mr. Rauth wanted to know what type of rules of order the Planning Commission uses. He also wanted to know when a motion is made, who is allowed to second that motion. Mr. Price responded that the Commission uses the Robert's Rules of Order, practices and customs. The Commission is not required by law to use any particular set of rules. The Planning Commission can develop its own rules and procedures as long as they don't conflict with State laws. It follows State law and the Brown Act. With regards to a motion, any member of the Planning Commission including the Chairman may make the motion or second the motion. Chairman Lowrey continued that the Commission is a five (5) man commission appointed by the City Council and each and every member have the same privileges. Being a chairman does not give him more privileges than the others. 12. MATTERS FROM CITY OFFICIALS AND STAFF - None 13. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 8:15 p.m. The next meeting will take place on September 6, 1994, at 7:00 p.m. E PC Minutes 8-1-94 page 4. Commissioner Ruiz continued that the parking problem is no longer an issue as that has already been resolved. The main issue at this point is the density or the amount of units in that particular area. Commissioner Loi agreed with Commissioner Ruiz's opinion that future parking problems can not be projected. Chairman Lowrey inquired if the C.C.& R.'s would regulate Recreational Vehicles. Mr. Price responded that yes, they would. Mr. Lyons likewise agreed that the C.C. & R.'s would be drafted, reviewed, and approved by the City Attorney and that it could state that parking for RV vehicles would not be allowed. Chairman Lowrey at this time asked the Commission to approve Tentative Tract Map 51727 & Zone Change 93-198. Vote resulted: Yes: Loi, Ruiz, Lowrey, Breen, No: Ortiz Abstain: None Absent: None OTHER BUSINESS 7 EXTENSION OF CONDITIONAL USE PERMIT 93-595 - Request to continue the sale of beer and wine at 7822 Garvey Avenue (Del Mar Farmers Market). Mr. Lyons presented the staff memorandum with the recommendation to approve extension for two years, subject to conditions 1 through 16. Mr. Price explained to Mr. Nunez that testimony is not taken on extensions of conditional use permits, and the Brown Act does not apply here. Mr. Lyons stated that one of the reasons staff added this condition was due to Mr. Nunez' concern. And that staff would be more than willing to discuss further Mr. Nunez' concern at the office during normal business hours. (MO) It was moved by commissioner Loi, seconded by Commissioner Ruiz, to extend Conditional Use Permit 93-59.5 for a period of two years, subject to the amended conditions of approval. Before the Commission voted, Commissioner Loi requested if a condition could be added where it would state that alcoholic beverages be sold from just one area of the store for security reasons. The Commission agreed and vote resulted: Yes: Loi, Ruiz, Lowrey, Breen, Ortiz No: None Abstain: None Absent: None 8. EXTENSION OF CONDITIONAL USE PERMIT 86-344 - Request to continue the operation of a preschool at 3107 Gladys Avenue (Sunshine Preschool). Mr. Lyons presented the staff memorandum with ,the recommendation that the Commission approve a three`(3) years extension, subject to the conditions of approval outlined in' Exhibit A. (MO) It was moved by commissioner Breen, seconded by Commissioner Ortiz, to extend Conditional Use Permit 86-344 for a period of three (3) years, subjects conditions 1 through, 7. PC Minutes 8-1-94 page 5. Commissioner Loi was concerned with regards to condition #3 referring to a suitable covering at the playground. Upon site inspection, he found that the playground area needed some type of coverings specially when the children are out playing under the sun. It was ascertained that the applicant was in the audience. Amy Leung, 300 E. Lincoln Avenue, Montebello. Ms. Leung is the assistant director of the preschool and was representing the applicant, May Leung. She responded to Commissioner Loi's concern that they had planted trees to provide some type of shades. Beside the trees, there are some big play structures which also protect the children from the sun's exposure. The school administration is aware that the children must be protected from sun exposure and other types of weather conditions. Without further discussion, the Chairman asked the Commission to approve the extension of conditional Use Permit 86-344. Vote resulted: Yes: Loi, Ruiz, Lowrey, Breen, Ortiz No: None Abstain: None Absent: None 9. ORAL COMMUNICATION FROM THE AUDIENCE - On any matter Mr. Juan Nunez commented conditional use permit 93-595 7822 Garvey Avenue. He con owner's and ABC's attention consuming liquor at the back favor of granting them only years for monitoring purposes. on approval of extension of for Del Mar Farmers Market at tinued that he brought to the about people purchasing and site and he was, therefore, in one (1) year instead of two (2) 10. MATTERS FROM CITY OFFICIALS AND STAFF Mr. Lyons reminded the Commission of the 20th Annual Contract Cities' BBQ and to inform the secretary by August 11th for reservations to attend. 11. ADJOURNMENT There being no further business to come before the Commission, the meeting was adjourned at 8:25 p.m. The next meeting will take place on August 15, 1994, at 7:00 p.m.