Loading...
PC - Minutes 05-04-81i° CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING MAY 4, 1981 MTNnTF.4 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`Mattern. The invocation was delivered by Chairman Lowrey. 2. ROLL CALL - Present: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Absent: None Ex Officio: Kress, Carmona, Fernandez 3. APPROVAL OF MINUTES - Study Session, April 2, 1981 Regular Meeting, April 6, 1981 Study Session, April 9, 1981 Regular Meeting, April 20, 1981 It was moved by Commissioner Ritchie, seconded by Commissioner Mattern, to approve the Minutes of April 2, 1981, as printed. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None It was moved by Commissioner Ritchie, seconded by Commissioner De Cocker, to approve the Minutes of April 6, 1981, as printed. ROLL CALL VOTE - Ayes: De Cocker, Cleveland,'LOwrey, Ritchie, Mattern Noes: None Chairman Lowrey then stated that the Minutes of April 9, 1981 were not com- pleted in time for this Agenda. He stated that the Commission would vote on these Minutes at the next regular meeting, May 18, 1981. It was moved by Commissioner Mattern, seconded by Commissioner Cleveland; to approve the Minutes of April 20, 1981, as printed. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, 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. No one came forward. PUBLIC HEARINGS Chairman Lowrey announced the matters scheduled for public hearing, and re- quested that anyone wishing to address the. Commission regarding any of these matters, rise and be administered the oath. Mr. Kress then informed the Commission that item No. 6, Conditional Use Permit 81-221, had been withdrawn by the applicant. The witnesses were administered the oath by the secretary. 5. CONDITIONAL USE PERMIT 81-215: Request by Union Federal Savings and Loan Association for the placement of a temporary trailer on property located at 9001-9005-9007-9007 Valley Boulevard:.' (Continued from April 6, 1981) The Staff Report was presented by Mr. Carmona, and the recommendation for con- ditional approval was made. During his presentation, he reviewed the conditions of approval, and the modification to Condition.-NO. 7. Planning Commission Minutes may 4, 1981 Page Two Chairman Lowrey opened the Public Hearing at 7:40 p.m. PROPONENT: Mr. Richard Santos 140 Palmetto Drive Pasadena, California Mr. Santos addressed the Commission regarding the parking and proposed drive- way discussed at the last meeting. In addition, he stated that he had a letter from RTD, agreeing to adjust the location of their bus stop to make way for the proposed driveway. He further stated his opposition to Condition No. 7. Mr. Carmona then explained the modification to Condition No. 7, and what im- pact it would have on Union Federal's request. Commissioner Ritchie asked Mr. Santos if the design had been modified. Mr. Santos replied that it had not. OPPONENTS: Mr. Dennis Stach, Attorney-at-Law 500 Mission Boulevard Pomona, California Mr. Robert Peterson 9001 East Valley Boulevard Rosemead, California Mr. Stach stated that he was the attorney representing the present occupant of the building on the corner of Rosemead Boulevard and Valley Boulevard. He then addressed the Commission regarding the legal action pending in the courts. He stated that no decision had been made other than a change in courts. He re- quested that the Planning Commission delay it's decision in this case, since granting the permit would allow Union Federal Savings and Loan to alter the property and any of the buildings presently'existing on the site. Mr. Kress then stated that his understanding was that Mr. Stach was requesting another postponement. He further stated that there were provisions in the Rosemead Municipal Code that allow for appeal of a decision to the City Council, should the Planning Commission grant this permit. He then stated that, should the appeal process fail, Mr. Stach could then seek an injunction to prevent further-action. Mr. Kress then stated that this would be a more appropriate method of dealing with the situation. He further advised the Commission that another delay in this matter to allow the court to render a decision in the matter would be'inappropriate. Mr. Kress advised the Commission not to con- tinue this matter unless the applicants were in full agreement. - Mr. Stach then restated his appeal to the Commission to delay their decision in this matter. Mr. Peterson addressed the Commission regarding the testimony by his attorney. He also requested that the Commission allow the court to render a decision in this matter. Mr. Carmona then asked Mr. Peterson if he held the lease rights over the ad- jacent buildings. Mr. Peterson stated that his lease was only for the building he presently occupies. Chairman Lowrey closed the Public Hearing at 8:00 p.m. Commissioner Cleveland then stated that he did not feel that this matter would be ~iesolved.within the one-year period stipulated in Condition No. 6, which would result in non-compliance with conditions. He also stated that the location of the driveway would present problems. He then stated that based on this, he was opposed to the granting of the conditional use permit. Commissioner De Cocker then stated that his decision on this matter did not reflect any consideration for the private lease concern in this case. Chairman Lowrey then addressed the Commission regarding his agreement with Commissioner Cleveland. Planning Commission Minutes May 4, 1981 Page Three Commissioner Mattern then stated that he was also concerned that the proposed driveway approach would present a hazard to the community. He also stated,his opinion that the plans submitted by the applicant were not acceptable-. Commissioner Ritchie then stated that in addition to the matters discussed, the proposed driveway approach would result in the removal of two parking spaces to the east. He also stated that the proposed location of the driveway was his main objection to this project. It was moved by Commissioner Cleveland, seconded by Commissioner De Cocker, to deny Conditional Use Permit 81-215. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None Mr. Kress then informed the applicants that they could appeal this decision to the City Council within ten (10) days. 6. CONDITIONAL USE PERMIT 81-221: Request by Igbal Mohammad Manda for the sale of alcoholic beverages for off-site consumption in conjunction with a convenience food store, to be known as "A-One Food Store", and located at 3163 North San Gabriel Boulevard. Mr. Kress stated that this matter had been withdrawn by the applicant, and no action on the part of the Commission was required. 7. ZONING AMENDMENT: Consideration of a proposed zoning code amendment which would establish a conditional use permit provision to allow limited retail, second-hand thrift stores within commercial zones. The Staff Report dated May 4, 1981, was presented by Mr. Carmona and the recom- mendation for approval was made. During his presentation, Mr. Carmona informed the Commission that the City Council had directed staff and the City Attorney to investigate th6 possibility of allowing this type of use. Chairman Lowrey opened the Public Hearing at 8:10 p.m. Representatives of the National Charity League addressed the Commission re- garding their particular operation procedures, and expressed their support of this zoning amendment. They also stated that their particular business was operated strictly for charity. Chairman Lowrey asked the witnesses if they had a large amount of business, and how this business was generated. Commissioner Cleveland inquired as to the present location of the thrift store. Mr. Kress then stated that the Commission was considering a Zoning Amendment, and not the issuance of a permit to a particular business. He further ex- plained that this amendment would allow for a general use in the city, and would allow the witnesses to apply for a conditional use permit to conduct their business. Commissioner Cleveland then asked Mr. Carmona if the business operated by the National Charity League was presently located in the CBD zone., Mr. Carmona stated that it was, and that if this zoning amendment was adopted,all_such uses would be allowed only in this zone. Chairman Lowrey closed the Public Hearing at 8:20 p.m. Commissioner Ritchie asked if staff had considered restricting the hours of operation.within the Zoning Code. Mr. Carmona replied, that this had been but may be too restrictive. Commissioner Ritchie then asked if the City could legally restrict the number of thrift stores allowed in the City. In addition, he expressed his concern that this Ordinance would cause the City to be flooded with applications for this type of use. There was then a discussion regarding the differences between second-hand stores that are in operation for charity and those that are operated for profit. Commissioner Ritchie then stated that he was not opposed to thrift stores, only an unlimited number of thrift stores. He further stated that he was concerned that this type of use would discourage new businesses in the City. Planning Commission Minutes may 4, 1981 Page Four Mr. Kress then stated that limitation on hours of operation would be best dealt with on a case-to-case basis. He further stated that limitation on the number of thrift stores was not necessary since a request for conditional use permit could be denied on the basis that there is not a need in the City for another use of this type. He also suggested that'-the ordinance could be repealed if there was no longer a need for thrift stores in the City. Commissioner'Mattern then suggested_ that-the Cozmnissionnamend the Ordinance to limit such uses within a radius of one another. He then suggested a one mile radius limitation. There was then a discussion regarding the feasibility of this suggestion. Commissioner Ritchie then stated his support of Commissioner Mattern's suggestion, and brought up the suggestion of shortening the radius to make the ordinance less restrictive. Mr. Carmona stated that a one mile radius was not feasible, since the entire CBD zone was less than:a mile in area. There was then a discussion regarding the radius to be allowed. Commissioner Mattern then suggested a percentage ratio for limitation. Mr. Kress stated that this type of limitation would be too restrictive. He also expressed his concern with the radius limitation approach, since this may not be warranted at this time. Mr. Kress again stated that the.best way;to limit the number of.thrift stores in the City would be to deny the request for conditional use permit on the basis that there is not a need in the City. Commissioner Ritchie again expressed his concern that the City would be saturated with this type of use. Chairman Lowrey then stated his support of Mr. Kress's suggestion to limit the number of thrift shops by denial of con- ditional use permits. Mr. Carmona then suggested limitation on the square footage of the building to be occupied by thrift stores. Chairman Lowrey suggested that all merchandise be stored within a completely enclosed building, and Mr. Carmona reminded the Commission that only small household appliances would be allowed under the proposed Ordinance. - Commissioner De Cocker stated that he felt that the Ordinance was restrictive enough to prevent larger organizations from establishing in the City of Rosemead. Commissioner Ritchie then stated that he was concerned that many organizations would seek to establish thrift stores in this city because there are so few cities that allow this use. Mr. Kress then reminded the Commission that they could deny requests for conditional use permits. Commissioner Mattern stated that he did not agree with this approach, since it would be unfair to grant a permit to one organization and deny another. Commissioner Cleveland then expressed his opinion that there was no need for this type of limitation at this time, since the impact of the ordinance could not be anticipated. Commissioner Ritchie then offered the following as an addition to the ordinance: "No more than one store of this type shall be allowed within a 600-foot radius of another." Chairman Lowrey then asked the Commission if they would agree to amending the proposed ordinance in this way. Hearing no objections, there was then a dis- cussion regarding--the incorporation of the amendment into the Ordinance. Mr. Kress suggested placing it under 9181.30 (A) - Qualifications for Limited Retail Thrift Store Status. Commissioner Cleveland expressed his agreement with the amendment. There was then a discussion regarding the proposed radius limit. it was agreed that this would be a sufficient radius. Mr. Kress also stated that it would be acceptable. - Planning Commission Minutes may 4, 1981 Page Five Chairman Lowrey then expressed his desire to specify that all items offered for sale shall be stored wholly within an enclosed building. Mr. Kress then stated that there was an Outdoor Storage Ordinance that would control this. Chairman Lowrey then withdrew his suggestion. It was moved by Commissioner Ritchie, seconded by Commissioner Mattern, to approve the Zone Amendment as amended, and the Negative Declaration. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None OTHER BUSINESS 8. PC RESOLUTION 81-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE PERMIT 81-218 FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 2525-29 EAST GARVEY AVENUE, ROSEMEAD, CALIFORNIA. Mr. Kress read the Resolution by title only. It was moved by Commissioner Ritchie, seconded by Commissioner Mattern, to waive further reading and adopt PC Resolution 81-15. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None 9. PC RESOLUTION 81-16 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL USE PERMIT 81-219 FOR THE SALE OF ALCOHOLIC BEVERAGES ON PROPERTY LOCATED AT 8225 EAST GARVEY AVENUE, ROSEMEAD, CALIFORNIA. Mr. Kress read the Resolution by title only. It was moved by Commissioner De Cocker, seconded by Chairman Lowrey, to waive further reading and adopt PC Resolution 81-16. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None 10. PC RESOLUTION 81-17 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF ROSEMEAD, A CHANGE OF ZONE, FROM R-3, HEAVY MULTIPLE RESIDENTIAL TO R-3D, HEAVY MULTIPLE RESIDEN- TIAL, DESIGN OVERLAY, FOR PROPERTY LOCATED AT 3899 WALNUT GROVE AVENUE AND 8514-16-18 VALLEY BOULEVARD, ROSEMEAD, CALIFORNIA. (ZONE CHANGE 81-123) Mr. Kress read the Resolution by title only. It was moved by Commissioner Mattern, seconded by Commissioner Cleveland, to waive farther reading and adopt PC Resolution 81-17. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None 11. ORAL COMMUNICATIONS FROM THE AUDIENCE: On any matter Chairman Lowrey asked if anyone present wished to address the Commission. The representative of the National Charity League addressed the Commission regarding their action on the Zoning Amendment. Mr. Kress then advised them to contact Mr. Carmona regarding the process to apply for a conditional use permit. 12. MATTERS FROM CITY OFFICIALS AND STAFF A. Mr. Carmona informed the commission that he had given them a copy of the third draft of the Cond6minium Ordinance. B. Commissioner De Cocker asked what the course of action was in cases where there was non-compliance with conditions of approval. Mr. Kress explained the process to him. Commissioner De Cocker then expressed the Commission's concern with non-compliance, and requested that staff follow-up the,'peimits granted within 30 days of approval to determine the degree of compliance. Planning Commission Minutes May 4, 1981 Page Six C. Commissioner Cleveland informed the Commission that this would be his last meeting. He also expressed his enjoyment in working with the Planning Commission for the past few years. D. Chairman Lowrey suggested that the Planning Commission write a letter•of- congratulations:to the new.Mayor,.Jay imperial. The members of the Commission agreed that this would be acceptable. Chairman Lowrey then introduced Mayor Imperial to the audience. E. Chairman Lowrey informed the Planning Commission that he would not be present at the next meeting. F. Commissioner Ritchie requested-a flow chart showing the process by which.. -tentative tract maps are prepared for recordation. He stated that he ;was interested in seeing where in the process the changes made by the Planning Commission are incorporated. He also expressed his concern that many of the maps being considered by the Council do not seem to reflect the changes agreed upon by the Commission. Mr. Carmona agreed to provide this to the Commission. G. Commissioner Mattern requested that staff investigate the service station on --:the corner of Hellman Avenue and-San Gabriel Boulevard, and the parking lot for the Wagon Wheel Bar for compliance with conditions of approval in their conditional use permits. H. Commissioner Mattern asked if staff had contacted HUD to find out if they would reinspect a mobilehome for eligibility certification. Mr. Carmona stated that he had not yet contacted HUD, but agreed to have the information to the Commission prior to June 12, 1981. 13. ADJOURNMENT There being no further business to come before the Commission, Chairman Lowrey adjourned the meeting at 9:40 p.m., to the next regular meeting, may 18, 1981.