PC - Minutes 09-21-81t j
11
CITY OF ROSEMEAD
8838 VALLEY BOULEVARD
ROSEMEAD, CALIFORNIA
PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 21,?1981
MINUTES
1. CALL TO ORDER - The regular meeting of the Planning Commission of the City of
Rosemead was called to order by,Vice=Chairman Ritchie 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: Schymos, De Cocker, Ritchie, Mattern
Absent: Lowrey
Ex Officio: Walker, Kress, Dickey, Carmona, de Zara
3. APPROVAL OF MINUTES - Regular Meeting, August 17, 1981
Study Session, August 17, 1981
Special Meeting, September 1, 1981
Regular Meeting, September 15, 1981
It was moved by Commissioner Mattern, seconded by Commissioner De Cocker, to
approve the Minutes of the Regular Meeting, August 17, 1981, as printed.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Mattern
Noes: None
Absent: Lowrey
4. ORAL COMMUNICATIONS FROM THE AUDIENCE - On items not on the Agenda.
Vice-Chairman Ritchie asked if anyone present wished to address the Commission.
No one came forward.
It was brought to the attention of the Chairman that there were 3 more sets
of Minutes on the Agenda. After some discussion, Vice-Chairman Ritchie deter-
mined that he had received his agenda packet one day early, and it was not
complete at the time. He requested that the approval of the remaining sets-of
Minutes',be placed on the Agenda for October 5, 1981. There being no objection
by the Commission, it was so ordered.
PUBLIC HEARINGS
Vice-Chairman Ritchie stated that Item No. 9, P-D Zoning Amendment, would be
heard out of order.
5. P-D ZONE AMENDMENT: An amendment to Part XX of the Rosemead Municipal Code for
the purpose of clarifying ambiguities within this section of the zoning text,
and to make minor revisions in keeping with the intent of the Ordinance.
Vice-Chairman Ritchie opened the Public Hearing at 7:45 p.m. Seeing no one
wishing to address the Commission with regard to this matter, the public hearing
was closed accordingly.
The Staff Report dated September 17, 1981 was presented by Mr. Carmona. During
the presentation, Mr. Carmona requested two additional changes, stated as follows:
-Page 4, Section 9120.6: Deletion of the second sentence in this section which
reads: "Minor modification in elevations or area of a use may be approved by
the Planning Commission and City Council without a public hearing, or in cases
where the modification is so minor and insubstantial that application to the
Planning Commission is not required in the public interest, by the Modification
Commission pursuant to the provisions of Chapter 5.5 of Article II of this Code."
Planning Commission Minutes
September 21, 1981
Page Two
-Page 5, Section 9120.8: Addition of sub-section "F" to read as follows:
. f. Private open space."
There was a discussion by the Commission regarding the amendments to the P-D
Ordinance. Vice-Chairman Ritchie requested clarification of the changes pro-
posed and Ms. Walker addressed the Commission with regard to the necessity of
the amendments to clarify the intent of the Ordinance. Commissioners De Cocker,
Schymos, and Mattern indicated that they could not render a decision on this
matter without first being informed of each change in the text. In addition,
they indicated that they would prefer to conduct study sessions regarding the
P-D Zone prior to approving any amendments to it.
Vice-Chairman Ritchie expressed his agreement with the other Commissioners, and
requested that a date be scheduled to conduct a study session on this matter.
It was suggested by Commissioner Schymos that this matter be postponed to the
end of the meeting so that the Commission could discuss it further without
delaying the other matters scheduled for hearing. Hearing no objections by the
Commission, this matter was continued to the end of the meeting.
6. ZONE VARIANCE 81-97: Request by the Mc Carthy Company for a zone variance on
property located a- 1128 Walnut Grove Avenue for fence height within the front
yard.
The Memorandum dated September 15, 1981 was presented by Mr. Carmona. He in-
formed the Commission that this matter has been removed from the Agenda, since it
had been determined that the request could.be granted by the Modification Committee.
After a short discussion, the Planning Commission accepted the withdrawal of the
application.
7. PARCEL MAP 14631: Request by Walter W. Schubert, Jr., to subdivide an existing
Tot, located at 8840 East Grand Avenue, into two (2) parcels.
The Staff Report dated September 21, 1981 was presented by Mr. Carmona, and the
recommendation for conditional approval, and acceptance of the Negative Declaration
was made.
The witnesses were administered the oath by the secretary.
Vice-Chairman Ritchie opened the public hearing at 8:05 p.m.
PROPONENT:
Mr. Walter W. Schubert, Jr.
817 West Beverly Boulevard
Montebello, California
Mr. Schubert stated that he was the applicant. He further addressed the Commission
regarding his project's compliance with lot size and zoning requirements with the
R-1 zone. In addition, he indicated his eagerness to begin construction as soon
as possible.
Vice-Chairman Ritchie closed the public hearing at 8:10 p.m.
Commissioner Mattern requested a modification of Condition No. 2 as follows:
"2. Sidewalk, curb, gutter, and driveway approach shall be provided along Grand
Avenue for both parcels. Driveways shall be a minimum of 2 inches AC over
3 inch base, in accordance with the provisions for single family residential
driveways."
In addition to this, Commissioner Mattern also requested that the following
be added to Condition No. 4:
"If wooden fences are used, steel supports set in concrete shall be used."
Planning Commission Minutes
September 21, 1981
Page Three
He further requested that a condition be added addressing the saving of all
trees on the property, if possible. There was adiscussion by the Commission
and the applicant regarding the number of trees onthe lot and the possiblity
of saving as many trees as possible, without requiring a major change in the
proposed location of the homes to be constructed on the lots. This discussion
resulted in the addition of.Condition No. 6, stated as follows:
"6. Save trees on rear and center property lines, and wherever else possible."
There was further discussion regarding the development of this project and the
saving of trees. Vice-Chairman Ritchie then reviewed the amendments to the
conditions, and the added conditions.
It was moved by Commissioner De Cocker, seconded by Commissioner Mattern, to
accept the Negative Declaration for Parcel Map No. 14631.
ROLL CALL VOTE - Ayes:. De Cocker, Schymos, Ritchie, Mattern
Noes: None
Absent: Lowrey
It was moved by Commissioner De Cocker, seconded by Commissioner Schymos, to
approve Parcel Map 14631, subject to the modified conditions and the addition of
Condition No. 6.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Mattern
Noes: None
Absent: Lowrey
8. "CONDITIONAL USE PERMIT 81-230: Request by Miguel Angel Flores for the sale of
alcoholic beverages for on-site consumption in conjunction with an existing
restaurant, known as "E1 Villa Tepeyac", and located at 7755 East Garvey Avenue.
The Staff Report dated September 21, 1981, was presented by Mr. Carmona, and
the recommendation for conditional approval was made.
Vice-Chairman Ritchie opened the public hearing at 8:25 p.m.
PROPONENT:
Miguel Angel Flores
3806 Gageau
Bell, California
Mr. Flores stated that he was the applicant. He further addressee the Commission
with regard tothe fulfilling of conditions imposed. He informed the Commission
that some of the conditions would require more time for compliance.
Vice-Chairman Ritchie closed the.public hearing at 8:28 p.m.
There was a discussion by the Commission regarding this project. Commissioner
Schymos stated that the property was being maintained in a satisfactory manner.
Commissioner De Cocker stated that he would like to add a condition that would
require full compliance with conditions within 60 days. There was a discussion
regarding the applicability of this condition, and the date the 60-day period
would commence. It was determined that the added condition should state which
conditions would require compliance within 60 days, and that the 60-day period
would become effective from the date the Affidavit of Agreement is signed.
,There was also-a discussion regarding the modification of Condition No. 4. During
the discussio,_Condition No. 4 was modified, and separated into two separate
conditions, as follows:
4. Supply trash container enclosure as-per Rosemead City-standards." ,
"5. Maintain the property in a clean and litter-free state."
In addition, there was a discussion regarding the replacement of the fence along
the rear property line. Commissioner Schymos expressed his disagreement with
requiring the replacement of the fence, and expressed his opinion that the existing
fence could be repaired at less expense to the applicant. Condition No. 6, which
Planning Commission Minutes
September 21, 1981
Page Four
became Condition No. 7 with the separation and creation of 2 conditions from No.
4, was amended as follows:
"Repair or replace the chain link fence along the rear property line and pro-
vide said fence with view-obstructing striping, interwoven into chain link, to
the satisfaction of the Director of Planning."
Commissioner De Cocker then requested the addition of Condition No. 9, as
follows:
"9. Conditions 4, 6, and 7.shall be completed within 60 days of signing the
,notarized Affidavit of Agreement."
In addition, during a. discussion on the hours of operation, Condition No. 10
was added, which states:
"10. Hours of operation shall be from 6:00 a.m. to 10:00 p.m."
Vice-Chairman Ritchie then reviewed the conditions and modifications, and asked
the applicant if he agree to them. Mr. Flores requested that the hours of
operation be later on the weekends; however, after some discussion by the
commission, this request was denied. Mr. Flores then stated that he agreed to
abide by all conditions as stated.
It was moved by Commissioner Mattern, seconded by Commissioner De Cocker, to
approve Conditional Use Permit 81-230, subject to the conditions as amended.
ROLL CALL VOTE - Ayes: Schymos, De Cocker, Ritchie, Mattern
Noes: None
Absent: 'Lowrey -
9. CONDITIONAL USE PERMIT 61-231: Request by Chung Ji Up for the sale of alcoholic
beverages for off-site consumption in.conjunction with an existing drive-through
dairy, known as "Altadena Dairy", and located at 8405 Garvey Avenue.
The Staff Report dated September 21, 1981 was presented by Mr. Carmona; and the
recommendation for conditional approval was made.
Vice-Chairman Ritchie asked the applicant if he agreed to all conditions. Mr.
Chung stated that he did.
Vice-Chairman Ritchie opened the public hearing at 9:00 p.m. Seeing no one wishing
to address the Commission regarding this matter, the public hearing was closed
accordingly.
Commissioner De Cocker stated that he would like to add a condition requiring
the addition of a trash container enclosure, and require that the trash container
be kept inside the enclosure at all times. He stated that he felt this condition
was necessary because at the time of his inspection, the trash container was in
the middle of the parking lot.
In addition, Commissioner De Cocker stated that he would like to add a condition
requiring compliance with all conditions within 60 days after signing the
Affidavit of Agreement. -
There was also a discussion regarding the two ice boxes on the property. Com-
missioner Mattern stated that he would like to require that the ice box located
on the southeast corner of the lot be painted to improve it's appearance.
At the end of the discussion, the following conditions were agreed upon by the
Commission:
"7. Install a trash container enclosure per Rosemead City standards."
"8. Conditions 3, 7, and 9 shall be complied with within 60 days of signing
the notarized Affidavit of Agreement."
"9. Paint the ice box located on the southeast corner of the property."
Planning Commission Minutes
September 21, 1981
Page Five
Vice-Chairman Ritchie asked the applicant if he understood and agreed to all
added conditions. Mr. Chung stated that he did.
It.was moved by Commissioner Mattern, seconded by Commissioner Schymos,.to
approve Conditional Use Permit 81-231, subject to the amended conditions.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Mattern
Noes: None
Absent: Lowrey -
OTHER BUSINESS
10. MODIFICATION TO SECTION 8110: Request by Wayman 0. Wilkes for a waiver of the
sidewalk requirement for property located at 3802 Earle Avenue. (Continued
from Regular Meeting, August 17, 1981)
There was a short discussion regarding this matter. It was the consensus of
the Commission that this matter should be continued to the next regular meeting
so that the applicant could be present.
The matter was then continued to October 5, 1981.
11. ORAL COMMUNICATIONS FROM THE AUDIENCE: On any matter
Vice-Chairman Ritchie asked if anyone present wished to address the Commission.
No one came forward.
12. MATTERS FROM CITY OFFICIALS AND STAFF
A. Commissioner.Mattern stated that he would like to encourage staff to comp=
-lete and submit the Minutes of all continued matters, prior to the next
meeting. He stated that this was necessary, since this would allow the
Commissioners to refresh their memories as to the events that took, place
at the previous meeting.
B. Commissioner Mattern also requested that staff check all copied material
submitted to the Commission for legibility.. He stated that he had made
this request in the past.
C. Commissioner Mattern also inquired as to the status of the Parking Ordinance
amendments. Mr. Carmona stated that they had not been submitted to the
Council as yet, but agreed to inform the Commission when the were.
Commissioner Mattern then requested that the amendments to the Parking
Ordinance be submitted as soon as possible, preferably within the next
month.
Vice-Chairman Ritchie called a recess at 9:10 p.m.
The meeting reconvened at 9:20 p.m.
vice-Chairman Ritchie stated that the Special Attorney, Ms. Walker, had requested
an executive session to discuss the litigation involving the City and J.H.
Hedrick and Company.
The Commission adjourned to an Executive Session at 9:15 p.m. Due to a possible
conflict of interest, Commissioner De Cocker did not participate in the Executive
Session.
The Commission reconvened at 9:30 p.m. and the public hearing which was opened
earlier in the meeting regarding the P-D Zone Amendment was continued. Seeing
no one wishing to address the Commission, Vice-Chairman Ritchie closed the
public hearing at 9:35 p.m.
It was moved by Commissioner Schymos, seconded by Vice-Chairman Ritchie, to
accept the Negative Declaration for the P-D Zoning Amendment.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Mattern
Noes: None
Absent: Lowrey
Planning Commission Minutes
September 21, 1981
Page Six
There was then a discussion regarding the proper motion for approval of the
amendments to include those requested by Mr. Carmona during the initial -
presentation.
It was moved by Commissioner Schymos, seconded by Commissioner Ritchie, .
to approve the amended P-D Ordinance and the deletion of the second sentence
in Section 9120.6, and the addition of sub-section "F. private open space
excluding balconies. . to Section 9120.8.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Mattern
Noes: None
Absent: Lowrey
It was moved by Commissioner De Cocker, seconded by Commissioner Schymos, to
waive further reading and adopt PC Resolution 81-31.
ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Mattern
Noes: None
Absent: Lowrey
Vice-Chairman Ritchie then re-opened "Matters From City Officials and Staff"
12. MATTERS FROM CITY OFFICIALS AND STAFF (Continued)
13
D. Commissioner Schymos asked Mr. Kress about the possibility of creating a
condominium zone. Mr. Kress stated that there was litigation pending
before the courts regarding this type of zone, and agreed to submit a
memorandum to the Commission addressing this matter.
E. Vice-Chairman Ritchie requested that a study session be scheduled to
consider the zoning Ordinance. He requested that the study session be
scheduled at the next regular meeting, October 5, 1981.
There being no further business to come before the Commission, Vice-Chairman
Ritchie adjourned the meeting at 9:50 p.m. to the joint meeting with the
Rosemead City..Council and Planning Commission, September 29, 1981, at 7:00 p.m.