PC - Minutes 12-07-81CITY OF ROSEMEAD
8838 VALLEY BOULEVARD
ROSEMEAD, CALIFORNIA
PLANNING COMMISSION
REGULAR MEETING
DECEMBER 7, 1981
MINUTES
R E V 9 S E
DATEAa, G.....
1. CALL TO ORDER: The regular meeting of the Planning Commission of the City of
Rosemead was called to order by Chairman Lowrey at 7:30 p.m., in the Council
Chambers of Rosemead City Hall, 8838 Valley Boulevard, Rosemead, California.
The Pledge of Allegiance was led by Commissioner De Cocker.
The Invocation was delivered by Commissioner Mattern.
2. ROLL CALL - Present: De Cocker, Schymos, Lowrey, Ritchie, Mattern
Absent: None
Ex Officio: Kress, Dickey, Carmona, Christianson, de Zara
3. APPROVAL OF MINUTES: Regular Meeting, November 16, 1981
Commissioner Mattern requested a change on Page 3, 117, to read as follows:
"7. Flood lights shall be installed in the parking area with.an automatic
timer with photo-electric cell, so as to turn on at dusk and otherwise
to extinguish one (1) hour after closing."
In addition, Commissioner Mattern requested that PC Resolution 81-39 be amended
to reflect the correction to the condition.
There was a short discussion regarding Commissioner Mattern's request. Hearing
no objections by the Commission, the change was so ordered.
It was moved by Commissioner Schymos, seconded by Commissioner Mattern, to
approve the Minutes of November 16, 1981, as amended.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern
Noes: None
4. ORAL COMMUNICATIONS FROM THE AUDIENCE: On items not on the Agenda
Chairman Lowrey asked if anyone present wished to address the Commission.
A gentleman approached the podium; however, it was determined that his request
was scheduled for public hearing later in the meeting. -
PUBLIC HEARINGS
5. CONDITIONAL USE PERMIT 80-201: Request by Tomei Shogi Company, Ltd., for an
expansion of Conditional Use Permit 80-201 which allows the operation of a dog
kennel on property located at 4110 Temple City Boulevard and 9739 Abilene
Street. (Continued from November 16, 1981)
The memorandum dated December 3, 1981 was presented by Mr. Carmona. He informed
the Commission that staff had been unable to contact the applicant or his re-
presentative, and recommended that this matter be continued to January 4, 1982.
There was a short discussion by the Commission, and it was agreed that this matter
should be scheduled for January 4, 1982.
6. CONDITIONAL USE PERMIT 81-236: Request by the K-Mart Corporation for the sale of
alcoholic beverages for off-site consumption in conjunction with a department
store, known as "K-Mart", and located.at'8150 East Garvey Avenue.
Chairman Lowrey opened the public hearing at 7:40 p.m.
The Staff. Report dated November 30, 1981 was presented by Mr. Carmona, and the
recommendation for approval was made.
The witness was administered the oath by the secretary.
Planning Commission Minutes
Regular-Meeting - December 7, 1981
Page Two
PROPONENT:
Mr. John Muff
K-Mart Representative
1184 North Citrus Avenue
Covina, California.
Mr. Muff stated that he was representing the applicants in their request. In
addition, he stated that the applicants concurred with the staff report.
Chairman Lowrey closed the public hearing at 7:42 p.m.
( There was a discussion by the Commission regarding the manner in which the
( alcoholic beverages would be sold and displayed. Mr. Muff stated that the
( beverages would not be kept in a freezer, but displayed in the aisles of the
( store. As such, he further stated, they would not be suitable for immediate
consumption. In addition, he stated that the cans would only be available in
( their original packaging, and not made available in single cans. The Com-
mission then considered adding a condition to that effect. Also considered by
( the Commission was the term of approval to be granted. As a result of this
( discussion, the following condition was added:
1. This conditional use permit is granted for a period of one (1) year, at
which time it may be reviewed for renewal by the Planning Commission without
benefit of a public hearing. This condition shall become effective the date
of issuance of the State liquor license.
Commissioner Schymos then asked if the applicant's representative understood and
agreed to the condition. Mr. Muff stated that he did.
It was moved by_Chairman Lowrey, seconded by Commissioner Mattern, to approve
Conditional Use Permit 81-236, subject to the addition of Condition No. 1.
ROLL CALL VOTE.- Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern
Noes: None
7. CONDITIONAL USE PERMIT 81-237: Request by Gerardo H. Zamora for the continued
sale of alcoholic beverages for off-site consumption in conjunction with an
existing market, known as "Mary's Market", and.located at 2428 North San Gabriel
Boulevard.
The Staff Report dated November 20, 1981 was presented by Ms. Christianson and
the recommendation for conditional, approval was made.
Chairman Lowrey opened the public hearing at 8:00 p.m. Seeing no one wishing to
address the Commission, the public hearing was closed accordingly.
Commissioner Mattern expressed concern over the location of the refrigerator,
stating that the present location allowed for possible theft of the beer and wine.
Further he stated that the refrigerator should be monitored more closely. A dis-
cussion considering the possible locations the refrigerator could be moved, and
other methods of monitoring the refrigerator ensued.
Commissioner Mattern also. requested that the table and chairs located at the front
of the store area be removed to discourage customers from consuming their food
and beverages on the premises.
Chairman Lowrey called a recess at 8:15 p.m. due to problems with the tape recorder.
The meeting reconvened at 8:25 p.m.
The discussion continued with regard to the aforementioned matters. During the
course of the discussion, the following conditions were added:
7. Provide means to monitor the refrigerator per approval of the Director of
Planning.
8. Remove the dining table from the store area.
*Paragraph amended by the Planning Commission 12/21/81--See Page 8
Planning Commission Minutes
Regular Meeting - December 7, 1981
Page Three
In addition, Condition No. 3 was amended as follows:
3. This conditional use permit shall be approved for a period of one year at
which time it may be reviewed for renewal by the Planning Commission with-
out a public hearing.
It was moved by Commissioner Mattern, seconded by Commissioner De Cocker, to
,grant Conditional Use Permit 81-237, subject to the conditions as amended, and
the amendment to Condition No. 3.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern
Noes: None
8. PARCEL MAP 14655: Request by Michael Mangana for the subdivision of a single-
family lot, located at 8936 Emerson Place, into two separate parcels.
The Staff Report dated November 30, 1981 was presented by Ms. Christianson.
During the presentation, the Commission was informed that it was the recommend-
ation of.the City Engineer that the flag strip be widened two (2) feet to the
east to provide a wider access strip. Also, the City Engineer's recommendation
included the addition of a one (1) hour fire wall to the existing garage.
The recommendation for conditional approval of the-parcel map and adoption of the
Negative Declaration was made.
Mr. Mangana was administered the oath by the secretary.
Chairman Lowrey opened the public hearing at 8:25 p.m. Seeing no one wishing to
address the Commission,. the public hearing was closed accordingly.
There was a discussion by the Commission regarding the ownership of the flag
strip; the effect and difference in the square footage of both lots caused by
the widening of the flag strip; the installation of the one-hour fire wall on
the existing garage; the installation of a steel-pipe barrier along the west
side of the garage to prevent possible damage by vehicles; the drainage of the
property and possible problems with the proposed drainage; the installation of
a new asphalt roof on the existing garage, and the possible relocation of the
garage in the rear of the property to eliminate the need for a one-hour fire
wall or the relocation of the southern property line for Parcel 1 to achieve the
same effect. Also considered was the possible relocation of the existing fire
hydrant to prevent damage caused by vehicles. The concern of the fire hydrant
was resolved by the addition of a condition requiring that the developer pro-
vide adequate access to avoid the fire hydrant, or to relocate the fire hyd-
rant, to the satisfaction of the City Engineer.
In addition, Condition No. 3 which required the installation of sidewalks was
deleted by the Commission due to the fact that there are no other sidewalks in
the immediate area and this is a cul-de-sac street. There being no objections
by the Commission, Condition No. 3 was deleted and replaced by the following
condition:
3. Relocate the fire hydrant or provide access to the driveway to the satisfaction
of the City Engineer.
Other conditions were added by the Commission as follows:
4. Provide steel-pipe barrier on the west side of the garage to the approval
of the City Engineer.
5. Relocate the southerly property line of Parcel 1, one foot to the south.
6. Install a new asphalt shingle roof on the existing garage.
Further, Commissioner Ritchie requested that the drainage for this property be
investigated by the City Engineer and inquired of a condition would be necessary
to ensure that this is done. Mr. Carmona stated that the drainage would be re-
viewed by the City Engineer and that it was not necessary to add a condition to
this effect.
Commissioner Schymos also inquired with regard to the utility easement for the
lines and utility pole existing on the property. It was determined that the
easement was for air space and did not effect the ground. '
Planning Commission Minutes
Regular Meeting - December 7, 1981
Page Four
It was moved by Chairman Lowrey, seconded by Commissioner Ritchie, to adopt
the Negative Declaration for Parcel Map 14655.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern
It was moved by Commissioner Schymos, seconded by Commissioner Ritchie, to
approve Parcel Map 14655, subject to the conditions set forth in the Staff
Report, and the addition of conditions 3, 4, 5, and 6.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern
Noes: None
Commissioner De Cocker then requested that a study session be scheduled in the
future to clarify the ordinance governing this type of request.
9. PARCEL MAP 14664: Request by Jafar Jalalat for the subdivision of an existing
single-family lot,.located at 9341 Glendon Way, into two separate parcels.
The Staff Report dated November 30, 1981 was presented by Ms. Christianson, and
the recommendation for conditional approval of the parcel map, and adoption of
the Negative Declaration was made.
Chairman Lowrey opened the public hearing at 9:08 p.m. Seeing no one wishing to
address the Commission, the public hearing was closed accordngly.
The applicant, Mr. Jalalat, was administered the oath by the secretary.
There was a discussion by the Commission regarding the conditions set forth for
this parcel map. Commissioner Ritchie requested that the condition contained
in the City Engineer's recommendation regarding the demolition of the existing
garage and the construction of a new garage be included in the staff recommendation
to eliminate any misunderstanding. There was also a discussion regarding the
requirement of bringing the existing home up to code. Ms. Christianson stated
that there were no provisions requiring that an existing dwelling be improved to
comply with the present code. Commissioner Ritchie then requested the addition
of a condition requiring the installation of a new roof on the existing house,
and that the-exterior of the structure be painted. Also discussed was the absence
of a plot plan illustrating the proposed lay out of the new structures. In view
of this, the Commission added a condition requiring the submittal, and approval
of a plot plan prior to building permit issuance.
The proposed conditions were then reviewed and stated as follows:
3. The proposed garage must be build and the existing garage demolished prior
to the filing of the final map.
4. The existing house on Parcel 1 shall have a new roof installed and the
exterior painted.
5. Prior to the issuance of building permits for Parcel 2, the location and
setbacks of the proposed structure shall be approved by the Planning
Commission Modification Committee, Director of Planning and Building
official.
Mr. Jalalat then requested that Condition No. 3 not be added. He stated that
if the garage was to be required prior to final recordation, he might not be
able to comply due to possible lack of funds to complete construction. He re-
quested that the garage not be required until such time as he is ready to begin
construction on the new dwelling. Mr. Carmona then stated that if this map were
allowed to record, the newly-created parcel could fall under new ownership and
the new owner would not be bound by the conditions set forth. Further, he stated
that the new owner could not be forced to comply with the conditions.
There being no objections by the Commission, the proposed conditions were so
added.
It was moved by Commissioner Ritchie, seconded by Chairman.Lowrey, to adopt
the Negative Declaration for Parcel Map 14664.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern
Planning Commission Minutes
Regular Meeting - December 7, 1981
Page Five
It was moved by Commissioner Ritchie, seconded by Commissioner Mattern, to
approve Parcel Map 14664, subject to the conditions as amended.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern
Noes: None
OTHER BUSINESS
10. PC RESOLUTION 81-39 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD GRANTING CONDITIONAL USE PERMIT 81-235 FOR THE SALE OF ALCOHOLIC
BEVERAGES ON PROPERTY LOCATED AT 9424 VALLEY BOULEVARD, ROSEMEAD, CALIFORNIA.
Mr. Kress read the Resolution by title only. He then stated that Commissioner
Mattern had requested a change in Section 4, No. 7 earlier in the meeting.
It was moved by Commissioner Mattern, seconded by Commissioner De Cocker, to
waive further reading and adopt PC Resolution 81-39, as amended.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern
Noes: None
11. PC RESOLUTION 81=40 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD RECOMMENDING TO THE CITY COUNCIL-OF THE CITY OF ROSEMEAD, CONDITIONAL
APPROVAL OF TENTATIVE TRACT NO. 42312. (A ONE-LOT SUBDIVISION INTO SEVEN
PARCELS.)
Mr. Kress read the Resolution by title only.
It was moved by Commissioner Schymos, seconded by Comissioner De Cocker, to
waive further reading and adopt PC Resolution 81-40.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Lowrey, Ritchie, Mattern
Noes: None
12. PC RESOLUTION 81-41 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD GRANTING ZONE VARIANCE 81-98, FOR A PROPOSED PROJECT LOCATED AT 3853
MUSCATEL AVENUE, ROSEMEAD, CALIFORNIA.
Mr. Kress read the Resolution by title only.
It was moved by Chairman Lowrey, seconded by Commissioner Schymos, to waive
further reading and adopt PC Resolution 81-41.
ROLL CALL VOTE - Ayes: De Cocker, Schyos, Lowrey, Ritchie, Mattern
Noes: None
13. PC RESOLUTION 81-42 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD APPROVING DESIGN REVIEW 81-6 OF THE CALIFORNIA FEDERAL CENTRAL PLANT
(COGENERATION) FACILITY. (DESIGN REVIEW 81-6)
Mr. Kress read the Resolution by title only.
Commissioner Mattern then requested the following changes in the Resolution:
Section A - Noise Attenuation: Addition of . provided that the requirements
of Section A(8) are met. . and, the deletion of . with the advance
approval of the Planning Director and Building Official."
There was then a discussion regarding the proposed changes. Mr. Kress explained
that the provision regarding approval of changes by the Planning Director and
Building Official was added to ensure that the City would be aware of any change.
However, he did not object to the deletion. Commissioners Mattern and Ritchie
both expressed their concern that, should this provision be allowed to remain,
the City Planning Department or Building Department could be held responsible.
Commissioner Ritchie then suggested that Sub-section 8 be placed ahead of the
first paragraph under "Noise Attenuation", to clarify.the intention of that
Section.
There was also a discussion on the effect the environmental impact report would
have on the conditions as set forth on this resolution. Mr. Kress stated that
the conditions could be amended at the Council level to adcommodate and/.or
address. any new findings brought forth in the environmental impact report.
Planning Commission Minutes
Regular Meeting - December 7, 1981
Page Six
Commissioner Mattern requested the following additional changes:
Section C - Landscaping: Amend the first sentence to read:
"A landscaping plan must be submitted to and approved by the Director of
Planning, that includes planting of,mature euclyptus trees.
Section F - Monitoring of Emissions and Operation of Plant: Amend the second
sentence as follows:
. California Federal shall enter into a monitoring agreement with Emission
Control Systems, Inc. of Novato, California or a comparable company, with the
approval of the Director of Planning."
Commissioner Mattern then withdrew his first request for amendment to Section A,
in favor of Commissioner Ritchie's amendment to the same section.
It was moved by Commissioner Mattern, seconded by Commissioner Ritchie, to
waive further reading and adopt PC Resolution 81-42, as amended.
~Iaea.e--eCommissioner De Cocker then requested that the following recommendations be for-
warded to the City Council in the form of a memorandum; and that this request be
reflected in the Planning Commission Minutes.
Section B - Air Emissions. Delete . reduce emissions of any contaminants to
below 150 lbs. per day. . and the deletion of the word "approximately", and
the insertion of "a maximum " in it's place. Commissioner De Cocker stated his
concern that the word "any" might be misleading as to the amount of emission that
is being allowed. Also, he stated that the word "approximately" was not definitive
enough.
A discussion ensued regarding the requested amendment, and it's appropriateness.
It was determined, however, that Commissioner De Cocker's intent was to recom-
mend to the City Council that these changes be incorporated into the Council
resolution, if one was to be adopted for approval of Design Review 81-6.
Commissioner De Cocker then requested that the following be recommended to the
City Council:
( Section F - Monitoring of Emissions and Operation of the Plant: The addition of
( "In the event that emission levels are exceeded, Cal Fed shall bring emissions
within limits as stated in Section B within ten (10) days. If this is not
( accomplished, the unit shall be shut down." Also, to the same Section, a pro-
vision stating that the approval of Design Review 81-6 shall allow only four
( (4) generators to be installed on the site.
Commissioner De Cocker stated that he felt this was necessary because he wanted
to make it clear that Cal Fed would have to reappear before the City officials
if they wanted to install any more than four generators.
114. ORAL COMMUNICATIONS FROM THE AUDIENCE: On any matter
Chairman Lowrey asked if anyone present wished to address the Commission.
No one came forward.
15. MATTERS FROM CITY OFFICIALS AND STAFF
A. The Commission was polled by the secretary regarding their attendance at the
Southern California Planning Congress meeting on December 10, 1981.
B. Commissioner Schymos requested a meeting with the City Attorney to dis-
cuss the possibility of limitation of liquor licenses issued within a
certain distance of each other. He also expressed his concern with the
high number of liquor licenses existing in the City.
Mr. Kress stated that the City Council was also expressing concern and.intended
to study this matter.
***Amended 12/21/81 per Chairman Lowrey's request--See Page 8
**Amended 12/21/81--See Page 8
Planning Commission Minutes
Regular.Meeting - December 7, 1981
Page Seven
C. Chairman Lowrey then asked•Commission's feelings regarding the scheduling
of a study session.
Mr. Carmona stated that he would like to forward the Commission, all in-
formation regarding matters pending. He then suggested that the Commission
review the information and decide which matter they would like to resolve
first.
After a short discussion, it was the decision of the Commission to review
all the material and schedule a date for a study session at the next regular
meeting, December 21, 1981. Staff was also directed to place this matter
on the Agenda for December 21.
D. Mr. Kress informed the Commission that Judge Weil had denied Mr. Schwartz'
request for payment of his attorney's fees by the,City of Rosemead and
California Federal Savings & Loan. There was also a discussion regarding
the financial responsibility of the City in the environmental impact report.
E. Commissioner Mattern requested the following changes in format:
(1) On staff reports pertaining to conditional use permits, in addition to
the applicant's name, the name of the business should be included,
(i.e., John Doe DBA John's Market)
(2) Inclusion of the vote from the public hearing on the resolution
formalizing that action.
There was a discussion regarding the vote that is reflected on the resolution.
The Commission was informed by Mr. Kress that their vote at the public hearing -
and their vote for adoption of the Resolution should be the same.
Commissioner Mattern then requested that the wording in the Certification
Section of the resolutions be changed to be more clear as to what the vote
shown reflects.
16. ADJOURNMENT
There being no further business to come before the Commission, Chairman Lowrey
adjourned the meeting at 10:15 p.m.
Page Eight
PLANNING COMMISSION MINUTES
OF`,
DECEMBER 7, 1981
AMENDMENTS MADE DECEMBER 21, 1981
*Page 2, Paragraph 4, Addition of the following:
"Commissioner De Cocker requested that a condition be added requiring that the
alcoholic beverages be sold at room temperature. However, Mr. Kress advised
the Commission that this may not be an appropriate consideration. Commissioner
De Cocker then withdrew his suggestion."
**Page 6, Paragraph 12, Addition of the following:
"Commissioner De Cocker also -recommended to the City Council that the quarterly
reports on emissions be made available to the City for public review, within
ten (10) days of the deadline date."
***Page 6, Paragraph 7, Amendment to Roll Call Vote for adoption of PC Resolution
31-42:
"It was moved by Commissioner Mattern; seconded by Commissioner Ritchie, to
waive further reading and adopt PC Resolution 81-42, as amended."
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Mattern
Noes: Lowrey
Absent: None
Abstain: None