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.