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PC - Minutes 04-06-81f CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING APRIL 6, 1981 MINUTES 1. CALL TO ORDER - The regular meeting of the Planning Commission of the City of Rosemead was called to order by Chairman Lowrey in the Council Chambers of Rosemead City Hall, 8838 Valley Boulevard, Rosemead, California. The Pledge of Allegiance was led by Commissioner Lowrey. The invocation was delivered by Commissioner Ritchie. 2: ROLL CALL - Present: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Absent: None Ex Officio: Kress, Dickey, Carmona, Fernandez 3. APPROVAL OF MINUTES - Study Session, March 9, 1981 Study Session, March 12, 1981 Study Session, March 18, 1981 Study Session, March 26, 1981 It was moved by Commissioner Ritchie, seconded by Commissioner Cleveland, to approve the Minutes of March 9, 1981, as printed. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None It was moved by Commissioner De Cocker, seconded by Commissioner Ritchie, to approve the Minutes of March 12, 1981, as printed. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None It was moved by Commissioner Cleveland, seconded by Commissioner De Cocker, to approve the Minutes of March 18, 1981, as printed. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None It was moved by Commissioner Cleveland, seconded by Commissioner Ritchie, to approve the minutes of March 26, 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 asked that anyone wishing to address the Commission with regard to any of the matters scheduled for Public Hearing, rise and be administered the oath. The witnesses were administered the oath by the secretary. 5. CONDITIONAL USE PERMIT 81-216: Request by Southern California Edison Company for the placement of two temporary trailers on property located at 4930 Earle Avenue. (Continued from March 2, 1981) The memorandum dated April 6, 1981 was presented by Mr. Carmona and the recommen- dation to accept the withdrawal of the application was made. It was moved by Commissioner Mattern, seconded by Commissioner Ritchie, to accept the withdrawal of Conditional Use Permit 81-216. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None Planning Commission Minutes Regular Meeting - April 6, 1981 Page Two 6. 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 March 16, 1981) The Staff Report dated April 6, 1981 was presented by Mr. Carmona. During his presentation, he informed the Commission that the applicants were requesting a continuance of this matter to allow them time to study the amended staff recommendation. There was then a discussion regarding the witnesses that had appeared at the meeting to present their testimony, in view of the absence of the applicants. Mr. Kress then stated that since the applicants had requested a continuance, no decision could be rendered. However, as long as it was understood that no decision would be forthcoming at this evening's meeting, it would be acceptable to allow the witnesses to speak. OPPONENT: Mr. Dennis Stack 500 Mission Boulevard Pomona, California Mr. Stack stated that he was the attorney representing Mr. Robert Peterson. He further addressed the Commission on the legal action that had been filed on Mr. Peterson's behalf. Mr. Kress stated to the Commission that he had spoken to Mr. Stack with regard to this matter, and he had advised Mr. Stack that he intended to advise the Planning Commission to consider this matter strictly from a land use point of view. He further cautioned the Commission on attempting to render a decision on the legal aspects of this matter, until such time as the City received formal notification of the decision of the Superior Court. He.then stated at that time, the City would act accordingly. Mr. Stack then continued his testimony regarding the correspondence by Mr. Jeffries, attorney for Union Federal Savings and Loan, and himself. He stated that the letter.: from Mr. Jeffries implied that he was attempting to threaten the Commission, and he stated that this was not the intention at all. He merely wanted to inform the Commission of the legal steps being taken to pro- tect Mr-Peterson's right to the subject property. In answer to Commissioner Cleveland's inquiry regarding the issuance of a restraining order, Mr. Stack stated that no restraining order had been issued; however, the proceedings_ would include a demur to a complaint to determine the rights of the plaintiff to seek relief through the courts. He further informed the Commission that if he and his client would be able to sustain their position before the court,, further legal proceedings would then be in order. Mr. Kress then inquired what the date of the hearing was. Mr. Stack stated that it had been postponed, and he did not know when it would be rescheduled. Mr. Kress then requested that the City be informed of the progress and decision of the court, in order to prevent further delays. Mr. Kress then recommended that on the basis of the request by the applicants, this matter be continued to May 4, 1981. It was moved by Commissioner Cleveland, seconded by Commissioner Ritchie, to continue this matter to May 4, 1981. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mat tern Noes: None 7. ZONE CHANGE 81-122: Request by William T. Brunner, Metha B. Brunner, William G. Brunner, Daniel Parking, to R-2, Prospect Avenue. . Brunner, and Violet T. Haddad, for a change of zone, from P, Light Multiple Residential, for property located at 3037 North (Continued from March 16, 1981) The memorandum dated April 6, 1981 was presented by Mr. Carmona, and the recom- mendation for approval was made. Chairman Lowrey asked if anyone present wished to address the Commission. Planning Commission Minutes Regular Meeting - April 6, 1981 Page Three PROPONENT: Mr. Daniel Brunner 3032 Prospect Avenue Rosemead, California Mr. Brunner addressed the Commission regarding the reasons for the request. He further stated that he did not believe that there would be an advantage to zoning this property Commercial. Mr. William Brunner 547 East Thelborn Covina, California Mr. Brunner addressed the Commission in support of Mr.'Daniel Brunner's testimony. In addition, he stated that, in view of the surrounding properties being zoned R-2, he did not feel that the R-2 designation would have an adverse effect on the surrounding properties. Chairman Lowrey closed the Public Hearing at 7:55 p.m. Commissioner Cleveland then expressed his support of the request, since the sur- rounding properties are also zoned R-2. Commissioner Ritchie requested clarification of the number of units allowed in an R-2 zone, on a lot of the subject properties size. Mr. Carmona stated that six units could be constructed, whether in the form of six single-family units or three duplexes. However, six was the maximum number allowed. Commissioner Mattern then reviewed a few of the considerations for changing this area to a low-density residential area. Among the items mentioned was the over-population'of schools. Commissioner De Cocker then stated that the R-2 zoning would be in the best.'in- terest of the City and the property owners, since he felt that the applicants should be allowed the same opportunity to develop their property as the surrounding property owners. It was moved by Commissioner Cleveland, seconded by Commissioner De Cocker, to approve Zone Change 81-122,. for a change of zone from P, Parking to R-2, Light Multiple Residential, for property located at 3037 North Prospect Avenue. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Ritchie, Lowrey Noes: Mattern 8. CONDITIONAL USE PERMIT 81-217: Request by the C.F. Bolster Company for the placement of a`trailer, to be used as an office, on property located at 8515 Garvey Avenue. The Staff Report dated April 6, 1981 was presented by Mr. Carmona, and the recommendation for conditional approval was made. Chairman Lowrey opened the Public Hearing at 7:58 p.m. Seeing no one wishing to address the Commission, the Public Hearing was closed accordingly. Commissioner Ritchie asked if building permits referred to in Condition No. 2 would include hook-up to the sewer lateral for the restroom facilities in the trailer. Mr. Carmona stated that the trailer would be connected to the sewer facilities. Commissioner Ritchie then requested that it be stipulated that any toilet facilities should be connected to the mainline sewer. Hearing no ob- jections, Chairman Lowrey ordered the addition to Condition No. 2. Commissioner Ritchie then asked that a time limit be setforth for removal of the existing trailer: After a short discussion, it was suggested that removal of the existing trailer should be undertaken within thirty days after the in- stallation of the new trailer on.the property. The applicant agreed to this time limit, since it would allow them sufficient time to transfer their office materials into the new trailer. It was then decided to stipulate the time limit in Condition No. 3. Commissioner Ritchie then asked for a clarification of Condition No. 3, re- garding the paving of the area to be used for parking. Mr. Carmona stated that Planning Commission Minutes Regular Meeting - April 6, 1981 Page Four there was a large area on the property that could be utilized for parking and that staff did not wish to require the paving of the site where the existing trailer was, because the applicants were not certain that this area is where the required parking would be located. However, he did state that wherever the parking was placed, it would be subject to the paving requirement. Commissioner Ritchie then stated that Condition No. 7 only allowed the applicants seven days to make the repairs to damaged sidewalks and/or driveways. He stated that perhaps it would be better to extend this,-to a longer period of time. After a short discussion, it was decided to amend Condition No. 7 to allow the applicants thirty days to repair the sidewalks and/or driveway. There was then a discussion regarding the amendments and addition of the conditions. It was moved by Commissioner Cleveland, seconded by Commissioner Ritchie, to approve Conditional Use Permit 81-217, subject to the conditions recommended by staff and the amendments to Conditions 2, 3, and 7. Commissioner Mattern then stated that he would like to make some comments with regard to the project. He asked the applicant how far from the south wall, bordering Garvey Avenue, the trailer would.be placed. The representative stated that he was not certain. Commissioner Mattern then stated that perhaps the applicants could provide some visual relief if.-the trailer were to be set back from the property line, approximately 12 feet. He further stated that this would allow for the parking of cars, "and,that the'applicantshad -sufficient - area on the property to accomplish this. The applicant stated that this would be agreeable to him. Commissioner Mattern then requested the addition of the following condition: 9. Trailer shall be set back twelve feet from the south wall bordering Garvey Avenue. He further stated that he would like to make a substitute motion to approve Conditional Use Permit 81-217, subject to the amended conditions and the addition of Condition No. 9. The substitute motion was seconded by Commissioner Cleveland. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None Commissioner Ritchie then asked if the power box existing in the front of the property would remain on the site, in the same location. There was then a dis- cussion regarding the power box. Mr. Dickey then informed the Commission that this business is within Underground Utility District No. 2, which would require all utilities to be installed underground. OTHER BUSINESS 9. MODIFICATION TO SECTION 8110: Request by.Mr. Richard Allenbaugh for a waiver of the sidewalk requirement for property located at 9149 Ralph Street. The memorandum dated April 6, 1981 was presented by Mr. Carmona, and the recommen- dation for approval of the request was made. Mr. Carmona stated that the work being done to the property was to repair fire damage, and that the applicants had indicated to him that the insurance company would cover only the~,repairs to the structure, and not the installation of the sidewalk. It was moved by Commissioner Ritchie, seconded by Commissioner De Cocker, to waive the installation of sidewalks on property located at 9149 Ralph Street. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None 10. PC RESOLUTION 81-10 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD DENYING CONDITIONAL USE PERMIT 81-214, FOR THE ESTABLISHMENT OF AN ARCADE ON PROPERTY LOCATED AT 3163 NORTH SAN GABRIEL BOULEVARD, 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 81-10. ROLL CALL VOTE - Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None Planning Commission Minutes Regular Meeting - April 6, 1981 Page Five 11. PC RESOLUTION 81-11 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING A ZONE VARIANCE AND APPROVING A DESIGN REVIEW FOR A PROPOSED PROJECT FOR PROPERTY LOCATED AT 2703 STINGLE AVENUE, ROSEMEAD, CALIFORNIA. (ZONE VARIANCE 81-94 AND DESIGN REVIEW 81-4) . Mr. Kress read the Resolution by title only. It was moved by Commissioner Cleveland, seconded by Commissioner Mattern, to waive further reading and adopt PC Resolution 81-11. ROLL CALL VOTE,- Ayes: De Cocker, Cleveland, Lowrey, Ritchie, Mattern Noes: None 12. ORAL COMMUNICATIONS FROM THE AUDIENCE: On any matter Chairman Lowrey asked if anyone present wished to address the Commission. No one came forward. 13. MATTERS FROM CITY OFFICIALS AND STAFF A. Commissioner Ritchie stated his concern with the unpaved parking lot on Garvey and Sullivan. He stated that he had made many requests in the past to staff to have this matter resolved. He also stated that he felt that this matter should be pursued. Mr. Carmona indicated to the Commission that he was aware of this matter, and that a letter had been drafted to the property owners. He further stated that he would report to the Commission as to the progress in this matter at the next meeting. B. Commissioner Mattern inquired regarding the vote count included on the Planning Commission Resolutions. He asked;if the vote 'Included on the. Resolutions was the vote at the public hearing, or the vote at the adoption of the Resolution. Mr. Kress stated that the vote countCrefl_ected the adop- tion of the Resolution. He further stated that the vote s t the public hearing and adoption of the Resolution should be the same, since the adoption of the Resolution is a confirmation of action taken by the Planning Commission at a previous time. C. Chairman Lowrey stated that a study session should be scheduled for. review of the Condominium Ordinance. After a short discussion, it was decided to schedule the study session for April 9, 1981, at 6:00 p.m. Commissioner Ritchie then stated. that many legal questions had been raised at previous study sessions, and he requested that the City Attorney, or a representative of that office, be present-at the next study session. Mr. Kress then stated that he felt it would be more productive, and less costly, if he would be allowed to review the draft of the ordinance, and make his comments to Mr. Carmona. He 'further stated that should the Com- missioners feel.a need to speak to him directly, they could contact-him , on the telephone or by letter. Mr. Carmona then stated that he would be glad to relay any questions to Mr. Kress. 14. ADJOURNMENT There being no further business to come before the Commission, Chairman Lowrey adjourned the meeting to the Study Session, Thursday, April 9, 1981, at 6:00 p.m.