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PC - Minutes 09-02-80i i 1 y CITY OF ROSEMEAD ` 8838 VALLEY BOULEVARD ROSEMEAD, CALIFORNIA PLANNING COMMISSION REGULAR MEETING SEPTEMBER 2, 1980 MINUTES 1. CALL TO ORDER - The regular meeting. of the Planning Commission was called to order by Chairman Cleveland 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 Commissioner Lowrey. 2. ROLL CALL - Present.: Lowrey, Cleveland, Ritchie,.Mattern Absent: Handy Ex Officio: Kress, Dickey, Carmona, Christianson, Fernandez 3. APPROVAL OF MINUTES Study Session regarding Section 8110, August 18, 1980 Regular.Meeting, August 18, 1980 Study Session regarding Land Use Element, August 18, 1980 Commissioner Mattern requested that the Roll Call of the Study Session regarding Section 8110 be amended to show that he was present, and that Commissioner Ritchie was absent. It was moved by Commissioner Mattern, seconded by.COmmissioner Lowrey, to approve the Minutes of the Study Session regarding Section 8110, subject to the amendment to the. Roll Call. ROLL CALL VOTE - Ayes: Lowrey., Cleveland, Mattern Noes: None Absent: Handy Abstain.: Ritchie Commissioner. Ritchie stated that he abstained from the vote because he was not informed of the Study Session, and therefore not present. It-was moved by.Chairman -Cleveland, seconded by Commissioner :LOwrey, to approve the Minutes of the Regular Meeting, August 18, 1980, as printed. ROLL. CALL VOTE.- Ayes: Lowrey, Cleveland, Ritchie, Mattern Noes: None Absent:. Handy Commissioner Ritchie stated that. he believed the description of Area No. 6 contained in the minutes of the Study Session regarding the Land Use Element was.'-in error, and requested that it be amended. Staff was directed to make the appropriate change. It was moved by Commissioner Lowrey, seconded by Commissioner Ritchie, to approve the Minutes of the Study Session, Au.gust.18, 1980, subject to the amendment. ROLL CALL VOTE - Ayes: Lowrey, Cleveland, Ritchie,. Mattern Noes: None Absent: Handy 4. ORAL COMMUNICATIONS FROM THE..AUDIENCE: On items not on the Agenda. Chairman Cleveland asked if anyone present wished to address the Commission. No one came forward. PUBLIC HEARINGS Chairman Cleveland. requested that anyone wishing to. address the Commission with regard to - any of - the mattars scheduled for Public Hearing, rise and be ad- ministered the oath. Planning Commission Minutes September 2, 1980 Page Two The witnesses were administered the oath by the secretary. 5. PARCEL MAP 13210.: Request by J.H. Hedrick and Company for the subdivision of a parcel of land for the purpose of constructing six single-family homes on property located at 3300-3316 Muscatel Avenue. (Public Hearing continued from the Regular Meeting, August 18, 1980) The Memorandum dated. September 2, 1980,.was presented to the Commission by Mr. Carmona. Staff recommendation was to grant the request for continuance of the Public Hearing to October 6, 1980. Chairman Cleveland asked if there were any objections to this request. There being no objections, the Public Hearing was continued to the regular meeting, October 6, 1980. 6. ZONE VARIANCE 80-90 AND CONDITIONAL.USE PERMIT 80-180:. Request by Di Lorenzo Industries for a zone variance to the minimum lot size requirement and the set back requirement for service stations; and the continued use of a service station located at 9423 Valley Boulevard. The Staff Report dated September 2, 1980, was presented by Mr. Carmona. It was recommended that the requests be granted, subject. to the conditions out- lined in the Staff Report. _ Chairman Cleveland opened the Public Hearing at 7:45 p.m. PROPONENTS: Anthony Di Lorenzo Michael Schmit 1270 Inverness Drive 9423 Valley Boulevard La Canada, California Rosemead, California Mr. Di. Lorenzo stated.that he was the applicant. He stated his willingness to comply with the conditions; however, he expressed his. concern.regarding Condition-No.-.2, which required that.the residential dwelling to the rear of the property be vacated within a year. He informed the Commission that the value of the property had been based. on the dwelling unit and that the tenant would experience a hardship if forced to move. Mr. Schmit stated that he was the tenant residing in the subject dwelling. He also explained his concern with Condition No. 2 and the effect it would have on his plans for the future. He also informed the Commission that safety precautions were taken to protect the residents of the dwelling from any fire hazards. Chairman Cleveland closed the Public Hearing at 7:55 p.m. There was a discussion by the Commission with regard to the testimony of the witnesses. It was requested that the Commission be polled to determine whether Condition No. 2 should be deleted. The result was that the Commission un- animously agreed that this condition should be deleted. It was moved by Commissioner Ritchie, seconded by.Commissioner Mattern, to approve Zone Variance 80-90 and Conditional Use Permit 80-180,-subject to the conditions, with the exception of Condition No. 2. ROLL CALL VOTE - Ayes: Lowrey, Cleveland, Ritchie, Matt Ern Noes: None Absent: Handy 7. -CONDITIONAL USE PERMIT 80-192: Request by Miguel M. Mar ueno for the sale of alcoholic beverages for off-site consumption in conjunction with an existing meat market, known as "Los Toros Meat Market", and located at 8210 Garvey Avenue. The Staff Report dated September 2,.1980 was presented by Ms. Christianson, and the recommendation for approval was made. Planning Commission Minutes September 2,, 1980 Page. Three Chairman Cleveland opened the Public Hearing at 8:10 p.m. PROPONENT: Mr. Miguel M. Mardueno 4334 Cypress Street E1 Monte, California Mr. Mardueno stated that he was the applicant and informed the Commission of his willingness to comply with the conditions as set forth. Chairman Cleveland closed.the Public Hearing at 8:12 P.M. There was a..discussion with regard to this request. The Commission asked Mr. Mardueno various questions regarding his business. Commissioner Lowrey requested that this.conditional use permit be granted for two years rather than five years. The Commission was polled and it was the consensus of opinion that the Conditional Use Permit be granted for three years. Staff was directed to make. the appropriate amendment.to Condition No. 2. It was moved by Commissioner Mattern, seconded by Commissioner Ritchie, to approve Conditional Use Permit 80-193, subject to the conditions and amend- ment to Condition No. 2. ROLL CALL VOTE -Ayes: Lowrey, Cleveland,. Ritchie, Mattern Noes: None 8_. CONDITIONAL. USE PERMIT...80-194.:,._Request.by Carlos E. Martinez for the sale of alcoholic beverages for on-site consumption in conjunction with an existing bar, known as "Vickie's Bar", and located at 8715 Garvey Avenue. The Staff.Report dated September 2,.1980,was presented by~MS:; Christianson, and the recommendation for approval was made. Chairman Cleveland opened the Public Hearing at 8:15 p.m. There being no one wishing to address the Commission, the Public Hearing was closed accordingly. There was a discussion by the Commission.. with regard to the trailer parked to the rear,of the lot, and the Cafe Incident Report. Ms. Christianson stated that she could not answer the questions by the Commission. Commissioner Ritchie then requested that this matter be continued until such time as the applicant could appear before the Commission. There being no objections raised, Chairman Cleveland continued the Public Hearing until the-next regular meeting, September 15, 1980., 9.~ CONDITIONAL USE PERMIT 80-192: Request by Rudy Balderamma for the establish- - ment of a church on property. located at. 2403 North San Gabriel Boulevard. The Staff Report dated September 2,. 1980, was presented by Ms. Christianson and the recommendation for approval was made. She also stated that conditions 1 through 4 of the Staff Report should be directed to the property owner. Chairman Cleveland opened the. Public Hearing at 8:25 p.m. PROPONENTS: Mr. Rudy Balderamma 535 North Garfield Avenue Montebello, California Mr. Paul Chou 1560 Valley Vista Drive Monterey Park, California Mr. Balderamma stated that. he was the applicant. He also answered questions by the Commission with regard to the size of the congregation, the length and hour of the services, the number of vehicles that would require parking, and possible conflict with other businesses in the vicinity; in addition, he agreed to'comply with those conditions which are applicable to him. Mr. Chou was administered the oath by the secretary. Planning Commission Minutes September 2, 1980 Page Four He informed the Commission that he. was the property owner and expressed his concern with the cost of removal of the free-standing sign.--He also informed the Commission of his intention, to repave the parking area. There was a dis- cussion by the Commission .regarding, restriping of the parking lot. It was then decided to add Condition No. 7, which reads as. follows: 7. Parking lot shall be restriped per City. standards. Mr. Chou then requested.additional time for compliance with the.conditions, explaining his concern with the cost of restriping and repaving. Chairman Cleveland closed the Public Hearing at 8:45 p.m. Commissioner. Ritchie stated it was his.opinion that a time limit should be set forth for compliance with the conditions. Chairman Cleveland called_a recess at 8:48 p.m. The meeting reconvened at 9:00 p.m. and the discussion regarding the time limit continued. Mr. Chou was asked which of the conditions required additional time for compliance, and he stated Conditions 1, 2, 4, and 7. It was the decision of the Commission that Mr. Chou would. be allowed six months additional time for compliance with Conditions 1 and.7. Accordingly, Condition No. 8 was added and reads as follows: 8. Conditions 1 and 7 shall be complied with on or before March 1, 1981. It was moved by Commissioner Lowrey, seconded by Commissioner Ritchie, to approve Conditional. Use Permit 80-192, subject to Conditions 1 through 8. ROLL CALL VOTE - Ayes: Lowrey, Cleveland, Ritchie, Mattern Noes: None Absent: Handy Ms. Christianson informed the Commission that Mr. Martinez, the applicant for Conditional Use Permit 80-194 was now present. The Commission agreed to hear this matter later in the meeting. 10. ZONE CHANGE 80-118: Request by Charles and Elizabeth Mc Millen for a change of zone from R-.1,. Single-Family Residential to M-1, Light Manufacturing and Industrial for property located at 2703 Stingle Avenue, Rosemead, California. (Referred back to Planning Commission by the Rosemead City Council.) The Memorandum dated September 2, 1980, was presented by Mr. Carmona. He stated the concern of the Council was for design control. He recommended imposing the design overlay zone requirements, in addition to the M-1 designation, which would allow the Commission to review the design of any proposed improvements, and give their approval, subjectto -the conditions recommended in the Memorandum. Chairman Cleveland. opened the Public Hearing at .9:15 p.m. PROPONENT: Mr. Charles Mc Millen 2008 Heather Drive Monterey Park, California Mr. Mc Millen stated that he was the applicant and agreed to any conditions set forth by the Commission. The Public Hearing was closed at 9:18 p.m. The matter was then referred to the Commission for discussion. Commissioner Ritchie stated that, at the time of the Public Hearing on April.7, 1980, Planning Commission Minutes September 2, 1980 Page Five Conditions 3 and 5 were deleted by the Commission and he would not object to this; however, he.would rather see the two conditions reinstated. There was also a discussion with regard to the delapidated fence on the property. Mr. Mc Millen stated. that the fence. was not on his property, and was erected by the trailer park adjacent.to his property. The Commission was then advised that Mr. Mc Millen should be relieved of the responsibility, since he was not the rightful owner. Mr. Kress then stated that sincethe wall was determined not to be Mr. Mc Millen's responsibility, Condition No. 1 should be deleted. He also recommended that the Commission delete Condition No. 2, since the Commission would review the proposed use at a later date and allow them to impose the appropriate conditions. In addition, he recommended that.Condition No. 1 be amended to read: 1. That prior to the issuance of.BUilding or. Occupancy permits, the pro- posed.use shall be approved by the Planning Commission under the pro- visions of the Design Overlay zone, (Zoning Ordinance, Part XIX). It was moved by Commissioner Mattern, seconded by Commissioner Lowrey, to approve Zone Change 80-118, subject to the deletion of Conditions 1 and 2 of the Staff Report dated April 7, 1980; and to conditionally include Conditions 1 and 2,(as amended), of the Memorandum dated September 9, 1980, ROLL CALL VOTE - Ayes: Lowrey, Cleveland, Ritchie, Mattern Noes: None Absent: Handy OTHER BUSINESS 11. PC RESOLUTION 80-26 - 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 C-1 TO R-3, FOR PROPERTY LOCATED AT 8815 MISSION DRIVE, (ZONE CHANGE 80-118). 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 80-26. ROLL CALL VOTE - Ayes: Lowrey, Cleveland, Ritchie, Mattern Noes: None Absent : Handy 12. PC RESOLUTION 80-27 - A RESOLUTION.OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CONDITIONAL APPROVAL OF TENTATIVE TRACT NO. 40288, (A 16-UNIT, ONE LOT SUBDIVISION). Mr. Kress read the Resolution by title only. It was moved by Commissioner Mattern, seconded by Commissioner Lowrey, to waive.further reading and adopt PC Resolution 80-27. ROLL CALL VOTE - Ayes: Lowrey, Cleveland, Ritchie, Mattern Noes: None Absent: Handy 13. ORAL COMMUNICATIONS FROM THE AUDIENCE:. On any matter Chairman,Cleveland asked if anyone present wished to address the Commission. i No one came forward. 14. CONDITIONAL USE PERMIT 80-194: Request by Carlos E. Martinez for the sale of alcoholic beverages for on-site consumption in conjunction with an existing bar, known as "Vickie's Bar", and located at 8715 Garvey Avenue. (Continued by the Commission, earlier in the meeting.) Planning Commission Minutes September 2, 1980 Page Six The Staff Report dated September 2, 1980 was presented by. Ms. Christianson, and the recommendation for approval was made. Chairman. Cleveland.opened the Public Hearing at 9:30 p.m. PROPONENT: Mr. Carlos E. Martinez 3336 North San Gabriel Boulevard Rosemead, California Mr. Martinez stated that he was the applicant.and answered questions by the Commission regarding the length of time he has owned the bar, and the trailer parked to the rear of the lot. He informed the Commission that the trailer would be removed at.the close of escrow, which was estimated to be 15 days from the date of the hearing. He also agreed to comply with the conditions and to cooperate:with. law enforcement officers. Chairman Cleveland closed the Public Hearing at 9:35 p.m. It was moved by Commissioner Ritchie, seconded by Commissioner Mattern, to approve conditional Use Permit 80-194,. subject to Conditions 1 through 5.of the Staff Report dated September 2, 1980. ROLL CALL VOTE - Ayes: Lowrey, Cleveland,.Ritchie, Mattern Noes:. None Absent.: Handy 15. MATTERS.FROM CITY OFFICIALS-AND STAFF A. Mr. Dickey informed the Commission of a study session scheduled by the City Council to consider Section 8110 of the Rosemead Municipal Code, and the 1911 Improvement Act, Chapter 27. He stated that the study session would be held on Tuesday, September 9, 1980, following the adjournment of the Rosemead Redevelopment Agency meeting and prior to the regular City Council meeting. B. Commissioner Ritchie.stated that. he had requested that a letter be drafted to recommend to the City Council, amendment of Section 8110. However, this had not been done. The Commission then discussed various formulas which.could be recommended to the Council. C. Commissioner Mattern suggested that the Commission review Section 8110 at the Planning Commission study session regarding the Land Use Element, .scheduled for September 4, 1980 at 6:00 p.m. 16. ADJOURNMENT There being no further business to come before the Commission, Chairman Cleveland adjourned the meeting to the Study Session, scheduled for September 4, 1980, at 6:00 p.m.