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PC - Minutes 05-17-82CITY OF ROSEMEAD 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING MAY 17, 1982 MINUTES 1. CALL TO ORDER- The regular meeting of the Planning Commission of the City of Rosemead was called to order by Chairman Ritchie at 7:30 p.m. in the Council Chambers of the Rosemead City Hall, 8838 Valley Boulevard, Rosemead, California. + i The Pledge of Allegiance was led by Commissioner Schymos. The invocation was delivered-by Chairman Ritchie. 2. ROLL CALL - Present: DeCocker, Schymos, Ritchie, Mattern Absent: Lowrey (Excused) Ex Officio: Kress, Dickey, Carmona, Christianson 3. APPROVAL OF 14INUTES - Regular Meeting, April 19, 1982 It was moved by Commissioner Schymos, seconded by Commissioner DeCocker to approve the minutes of April 19, 1982 as printed. ROLL CALL VOTE: AYES: DeCocker, Schymos, Ritchie, Mattern APPROVAL OF MINUTES - Regular Meeting, May 3, 1982 It was moved by Commissioner Mattern, seconded by Commissioner Schymos to approve the minutes of May 3, 1982 as printed. ROLL CALL VOTE: AYES: DeCocker, Schymos, Ritchie, Mattern 4. ORAL COMMUNICATIONS FROM.THE AUDIENCE - On items not on the Agenda - None PUBLIC HEARINGS 8. (Taken out of order) DESIGN REVIEW 82-8: Request by Atlantic Engineering fro design approval of a proposed nine-unit apartment building located at 8852 Marshall Street, Rosemead. Mr. Carmona stated the applicants wished this matter to be deferred to the next regular meeting to allow them to submit a new design. Chairman Ritchie opened the public hearing and the oath was administered. Addressing the Commission: Anna Abernathy, 8851 Marshall St., Ms. Abernathy stated that she was against the apartments going up across the street from her as she felt they would cause an increase in traffic and congestion in the area. Salvadore Marzano, 4510 Ivar translating for Salvador Provenza, 8844 Marshall, Mr. Provenza stated that he protested against the apartments being constructed next to his home as he felt there were other areas more suitable than this lot and he felt that the value of his property will go down and the apartments will generate alot of children. There being no objection from the. Commission this matter was continued to the June 21, 1982 meeting of the Planning Commission to allow the applicants to redesign the apartments whereby there will not be so much intrusion to neighboring properties. The Commission set June 1, 1982 as a deadline to have new plans in the Planning Department for review by the public. Planning Commission Minutes Page 2 May 17, 1982 5. ZONE AMENDMENT TO ROSEMEAD MUNICIPAL CODE - SECTION 9181: Review of Ordinance No. 542 which requires a conditional use permit for the installation/operation of cogeneration equipment. (continued from May 3, 1982) City Attorney Kress stated that some problems appeared in wording at the last meeting and the.Ordinance was not ready at this time and requested that this matter be continued to June 7, 1982. There being no objection from the Commission it was so moved to continue this matter.to the June 7, 1982 meeting of the Planning Commission.' 6. ZONE CHANGE. 81-126 : Request by Alhambra Psychiatric Hospital and Uma Chander dba Little People Pre-school for a change of zone from R-1, single family residential to C-3 medium commercial for properties located at 4705 and 4715 Rosemead Boulevard. Mr. Carmona presented the staff report. The public hearing was opened by the Chairman and there being no public comment it was closed accordingly. - Discussion by the Commission It was the concensus of the Commission that the change of zone..was appropriate considering the future expansion of the property and the D Overlay recommended by staff would ensure the compatibility of the uses on the property with the surrounding residential areas. It was moved by Commissioner DeCocker, seconded by Commissioner Schymos to approve the Negative Declaration for Zone Change 81-126. ROLL CALL VOTE: AYES:.DeCocker, Schymos, Ritchie, M.attern it was moved by Commissioner Mattern, seconded by Commissioner DeCocker to approve Zone Change 81-126 from R-1 Single Family Residential to C-3-D, Medium Commercial with a Design Overlay for those properties at 4705 and 4715 Rosemead Boulevard. ROLL CALL VOTE: AYES: DeCocker, Schymos, Ritchie, Mattern 7. CONDITIONAL USE PERMIT 82-245: Request by Andrew Lui for the sale of alcoholic beverages for on-site consumption in conjunction with a proposed restaurant/ nightclub, to be known as "Lui's Fantasy Restaurant & Nightclub", to be located at 9108 Garvey Avenue, Rosemead, California, formerly known as the Brewery. Mr. Carmona presented the staff report with a recommendation for conditional approval. The public hearing was opened and the oath administered. Addressing the Commission: Doris Karnes, 9047 Garvey Avenue- Mrs. Karnes stated she owned the business at this address and discussed problems related to the Brewery clientele.that she has encountered over the years. She was concerned that homeowners on Sullivan Street were not notified and presented the Commission with a letter of protest from Wallace & Elizabeth Houchen, 3027 Sullivan (received and made of record). Mrs. Karnes also commented that"she was not opposed to the restaurant use however the nightclub did not serve the needs of the community. Andrew Lui, Applicant - Mr. Lui commented that the business would provide employment and entertainment to the community and that the current management was attempting to improve the operation which. was reflected in the police reports. Mr. Lui felt he could do a much better job in running the business and gave his word that he will operate the business and property in a lawful manner. He assured the Commission that the bad element could be controlled through effective management and personnel (he would be hiring all new people). He explained that the restaurant would be buffet style and intended-to remodel the kitchen facilities and interior to accommodate a Chinese restaurant. Herbert Evan, 8839 Elm Street, Temple City - Mr. Evans stated he was the cook and will be the manager for Mr. Lui and wished to clarify some points that he felt Mr. Lui did not understand - There were 20 spot lights in the parking area and one "eye light" and they intended to have the buffet available by June. Planning Commission Minutes Page 3 May 17, 1982 Paul Stechel, 8755 Youngdale, San Gabriel, Day Manager for the Brewery - Mr. Stechel discussed the community meeting held about 2 years ago to attempt to alleviate the problems associated with the business and cooperate with the authorities and the effort to clean up the area around the business. Chairman Ritchie closed the public hearing. There was considerable discussion by the Commission regarding appropriate security practices that would be acceptible to the City, the applicant and the Sheriff's Department. Commissioner Schymos recommended that the applicant provide three licensed, uniformed security guards from sundown to one hour after closing with one of these security guards in the parking lot. After extensive discussion of this recommendation the City Attorney offered conditions *10 below for consideration. in addition.to"-those conditions recommended by staff the Commisison modified and/or added the following conditions as indicated by below: 1. The applicant shall apply for the appropriate City licenses, i.e. dancing, entertainment, and public eating and comply with all the requirements of said licenses. r 2. The applicant shall apply for a City of Rosemead Occupancy Permit add comply with all provisions of said permit. 3. All signs associated with the use shall comply with Section 9906 of the Rosemead Municipal Code - Signs in Industrial Zones. 4. The property shall be maintained in a neat and orderly fashion at all times and * the parking lot shall be maintained clean, weed, and litter free through the use of a contract cleaning service. 5. Provide security lights for the parking area that shall be kept lighted * through the use of photo-electric cells and clock timers and be kept lit at least ~ hour after closing. 6. *Pave the south end of the parking lot. 7. *Remove the attached shed in the back of the building. 8. *Seating capacity shall be 360 persons unless additional parking spaces are provided. 9. *The restaurant hours shall be 11 a.m. to 9 p.m. (minimum), serving full course meals and the serving of full course meals shall take effect within 90 days after the effective date of this permit. 10. *The applicant shall submit a security plan to the Planning Department and to the Commander of Temple City Sheriff's Substation. The plan shall cover the restaurant, bar, parking lot and the associated proposed entertainment uses. The applicant shall implement the plan, subject to the approval of the Commander of the Temple City Sheriff's office or his designee. in connection with this permit or any other permit or authorization on the property, the applicant shall follow any directions regarding security that are issued by the station commander or his designee. 11. This permit shall be granted for a period of one year at which time the Planning Commission, through the public hearing process, shall review the performance of this business and perhaps extend the Conditional Use Permit for another period of time and/or have other conditions. 12. Within 10 days of approval of this permit the applicant shall sign a notarized affidavit agreeing to the above conditions or the Conditional Use Permit will not become effective. Mr. Dickey informed Mr. Lui that the dancing and entertainment licenses would be separate considerations which would have to be approved by the City Council and further informed the Commission that the Sheriff's Department will be providing an updated report that the Commission may wish to review prior to making a decision on this request. Planning Commission Minutes Page 4 May 17, 1982 Chairman Ritchie recommended this item be deferred to the next meeting of the Planning Commission on June 7, 1982 to allow a review of the additional evidence forthcoming from the Sheriff's Department and to permit.the Staff to consolidate-the added and amended conditions, with the proviso that the information relative to the security plan must be filed with the Planning Department by the 26th of may or the hearing will be continuedto June 21, 1982. There being no objection to the above, Chairman Ritchie re-opened the public hearing and informed those present in the audience. OTHER BUSINESS 9. PC RESOLUTION 82-11: A RESOLUTION. OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD RECOMMENDING APPROVAL OF PLANNED DEVELOPMENT REVIEW 82-4, IN CONJUNCTION WITH THE ADDITION OF A RECTORY/RESIDENCE LOCATED AT 8301 ARROYO DRIVE, ROSEMEAD. Mr. Kress read the resolution by title only. It was moved by Commissioner Mattern, seconded by Commissioner DeCocker to waive further readingand adopt. ROLL CALL VOTE: AYES: DeCocker, Schymos, Ritchie, Mattern 10. PC RESOLUTION 82-15: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING CONDITIONAL APPROVAL OF PARCEL MAP 14807. (A ONE LOT SUBDIVISION INTO THREE SEPARATE PARCELS.) Mr. Kress read the resolution by title only. It was moved by Commissioner DeCocker, seconded by Commissioner Mattern to waive further reading and adopt. ROLL CALL VOTE: AYES: DeCocker, Schymos, Ritchie, Mattern Chairman Ritchie asked that the following be added to Section 3, Subsection 1: . . . "except as herein modified." 11. 0R171L COMMUNICATIONS FROM THE AUDIENCE: On any matter - None 12. MATTERS FROM CITY OFFICIALS AND STAFF - A. Mr. Carmona informed the Commission that the memorandum regarding the City's public hearing process and the status of property located at 3300 -..3316 Muscatel Avenue had been placed in the Commission's mailboxes. B. Mr. Carmona informed the Commission that the weekly report would be typed tomorrow and deliveredto the Commission. C. Mr. Dickey requested. that the Commission.please coordinate the Contract Cities Meeting with the City Managers office. D. Commissioner DeCocker stated there was a discrepancy between the new Condominium ordinance and the P-D Ordinance regarding the development of the concept plans and questioned the City Attorney if this posed a problem. (Contour lines) Mr. Kress stated that no it didn't and at some point the P-D Development Ordinance should. be modified.to conform to the Condominium ordinance. E. Chairman. Ritchie informed.the Commission he would be.on vacation the June.7 th_meeting and thought he would be back for the June 21, meeting. Chairman Ritchie commented that he wanted to prepare a.list of ordinances and work to be done this next year (i.e., video games, arcades, adult business, garage sales, etc.) and have the Council determine the priority items to aid the Commission in what direction to take. City Attorney Kress commented that he felt the greatest urgency was regarding garage.sales and this should take priority over.the others. The Commission discussed setting a study session hewever Mr. Kress stated he did not feel that was necessary - therefore he would take it upon himself to draft an ordinance and present it to the Commission at the next meeting or the following meeting time permitting, for the Commissions consideration. The Commission.concurred with Mr. Kress's suggestion. Planning Commission Minutes Page 5 May 17, 1982 Chairman Ritchie asked Mr. Carmona if the Land Use materials were submitted to the new Commissioners and Mr. Carmona stated that Commissioner DeCocker would be receiving his, and that Mr. Schymos already had the materials. Chairman Ritchie asked staff for copies of the roofing ordinances for the Cities of Los Angeles, Anaheim and Orange County. Mr. Carmona stated they have been requested. Chairman Ritchie asked if staff was in reciept of any more arcade/video game ordinances from neighboring cities and if so please make them available to the Commission. F. Commissioner Schymos asked if the City should decide to prohibit video game machines within the City limits what effect would it have on existing video game machines. Mr. Kress summarized that under current law (relative to pinball machines) you can.'t outlaw or prohibit something if it can be regulated, however if the City chose to prohibit video games those already present would be amoritized over a period of time like any other non-conforming use. G. The Commission again discussed the roofing ordinances and the cities that have attempted to ban 'wood shake roofing materials and Chairman Ritchie asked to have the City's legislative analyist in Sacramento keep the Commission advised of any pending legislation relative to ,(wood) roofing laws. 13. ADJOURNMENT There being no further business to come before the Commission it was so ajourned at 10:30 p.m. by Chairman Ritchie. Planning Commission Minutes Regular Meeting - May 3, 1982 Page Six review the original ordinance and compare it to the copy being reviewed by the Commission for completeness. There being no objections by the Commission, Chairman Ritchie reopened the public hearing at 10:20 p.m., and stated that this matter would be continued to May 17, 1982. OTHER BUSINESS 9. EXTENSION REQUEST - TENTATIVE TRACT 41087: Request by S.E. Nelson, Nelson Engineering, for a one year extension of approval for a tentative tract map on property located at 3300-3316 Muscatel Avenue. The memorandum dated April 21, 1982 was presented by Mr. Carmona, and the recommendation for approval of a one-year extension was made. Mr. Michael Mueting stated that he was representing Nelson Engineering, and was present to answer any questions by the Commission. He further stated that Nelson Engineering had beenretained by J.H. Hedrick as the civil engineers for this project. There was a discussion by the Commission regarding the financial problems referred to in Mr. Nelson's correspondence, bonding for the improvements, and up-keep of the property. Commissioner Mattern stated that he would be in.favor of granting the extension because the project was worthy of being given every chance to record and begin construction. Chairman Ritchie stated his agreement with Commissioner Mattern. Also considered by the-Commission was.the property's maintenance., Mr. Carmona stated that staff would conduct inspections periodically in order to prevent the property from becoming unsightly and detrimental to the surrounding neigh- borhood. It was moved by Commissioner Mattern, seconded by Commissioner Lowrey, to grant a one-year extension of approval to Tentative Tract 41087. ROLL CALL,VOTE - Ayes: De Cocker, Ritchie, Lowrey, Mattern Noes: Schymos 10. PC RESOLUTION 82-12 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD GRANTING A ZONE VARIANCE FOR A PROPOSED DIVISION OF LAND LOCATED AT 9514 DE ADELENA AND 3802 RIO HONDO AVENUE. (ZONE VARIANCE 82-100) Mr. Kress read the resolution by title only. It was moved by Commissioner Lowrey, seconded by Commissioner Mattern, to waive further. reading and adopt PC Resolution 82-12. Chairman Ritchie requested a clarification of Condition No. 2. He requested that this condition be amended to state that, if the existing garage is relocated to another location on the property, it will have to brought into compliance with the City code. ROLL CALL VOTE - Ayes: De Cocker, Schymos, Ritchie, Lowrey, Mattern Noes: None 11. ORAL COMMUNICATIONS FROM THE AUDIENCE: On any matter Chairman Ritchie asked if anyone present wished to address the Commission. No one came forward. 12. MATTERS FROM CITY OFFICIALS AND STAFF A. Mr. Carmona requested the Commission's approval to schedule Planned Develop- ment Review 82-4 for the May 25, 1982 City Council meeting. After a short discussion of the matter, Chairman Ritchie stated that there did not appear to be a problem with this, and agreed to the scheduling as proposed. Planning Commission Minutes Regular Meeting - May 3, 1982 Page Seven B. Mr. Carmona informed the Planning Commission that the City Council had initiated a moratorium on game arcades. He further stated that ordinances from other cities had been requested and they would be forwarded to the Commission as soon as possible. C. Mr. Carmona stated that the weekly report would be delivered to the Commission on Tuesday, May 4, 1982. D. Mr. Carmona stated that he was submitting all the Land Use Element materials to those Commissioners who were not sitting on the Commission at the time the General Plan update was initiated. E. Commissioner De Cocker requested that the Commission be given a copy of the map from 1976 for Conditional Use Permit 82-244, so that they would have it for comparison. F. Commissioner Mattern requested that a study session be scheduled to consider a city-wide roofing ordinance. There was a short discussion by the Commission regarding this matter. Mr. Kress then informed the Commission that an amendment to the Uniform'Building Code would not be.within the jurisdiction of the Planning Commission. He stated that this matter would have to be considered by the City Council. G. Commissioner Lowrey requested the scheduling of a study session to consider game arcades. It was the consensus of the Commission to postpone the scheduling of such a study session until thefordinances from other cities are received. H. Commissioner Lowrey stated that he would not be present at the next regular meeting, May 17, 1982. Chairman Ritchie then stated that Commissioner Lowrey would be excused from that meeting. I. Chairman Ritchie requested that staff provide large envelopes to the Commission,labled "Game Arcades" and "Land Use Element" so that study' tma- session materials can be kept together. J. Chairman Ritchie asked if any action had been taken to get the parking area for Avery Datsun paved. Mr. Carmona stated that attempts to contact the General Manager for Avery Datsun had not been successful. Chairman Ritchie then requested that formal action be taken in the form of a letter, as soon as possible. K. Mr. Glenn Clanton addressed the Commission with regard to a video game arcade. 13. ADJOURNMENT There being no further business to come before the Commission, Chairman Ritchie adjourned the meeting at 10:55 p.m.