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PC - Minutes - 05-21-68PLANNING COMMISSION CITY OF ROSEMEAD ROSEMEAD, CALIFORNIA MINUTES OF MAY 21, 1968 A regular meeting of the Rosemead Planning Commission was called to order at 7 :43 P.M. by Acting Chairman, Commissioner Larson, in the Council Chambers of the City Hall, 8238 Valley Boulevard, Rosemead, I. CALL TO ORDER The Pledge of Allegiance was led by Administrative Assistant, Steve Street. The invocation was delivered by Commissioner Larson. 2. ROLL CALL: Present: Commissioners: Floe, Holmes, Larson and O'Hagan Absent: Commissioners: None Ex Officio: Director of Planning - Al Hersh Admin. Asst. - Steve Street City Attorney - Bob Joehnck Secretary - Foy Burton 3. APPROVAL OF MINUTES - May 7, 1 968 NO) It was moved by Commissioner Holmes, seconded by Commissioner 0 1 1'acan, and unanimously carried that the minutes of May 7, i968 be approved as written, , t.,. INTRODUCTION OF NEW COMMISSIONER - ELECTION OF CHAIRMAN AND VICE CHAiRMAN Commissioner Larson introduced the new Commissioner, Mr. James Floe, and gave some of Mr. Floe's background. Mr. Street adninistered the oath of office to Mr. Floe, Election of Co mmission Chairman Acting Chairman Larson relinquished the gavel to Secretary Steve Scree_. i•`.r. Strce` declared nominations open for the office of Cornmissic:, Chairm --n, Commissioner Holmes nominated Commissioner Larson Com- missicner O'Flagan seconded the monimation. T;,e.re being no further nominations, Mr. Street declared the nominations closed. A unanimous vote was cast for Mr. Larson. Elect of Commis Vice Chairman Mr,. S_recr declared the nominations open for the office of Commission Vice Chairman. Commissioner O'Na gan nominated Commissioner Holmes. Commissioner Floe seconded the nomination. There being no further nominations Mr. Street declared the nominations closed. A unanimous vote was cast for Mr. Holmes. PC May 21,; 1968 Page Two 5. TIME RESERVED FOR PERSONS IN THE AUDIENCE WHO WISH TO ADDRESS THE COMMISSION: Norte PUBLIC HEARING 6i CONDITIONAL USE PERMIT NO. 21 4 Dippilals Pizzaria - 9013 Valley Boulevard - Request to serve beer and wine with meals. Planning Director Hersh presented the factual data. Mr, Street presented a letter from James Edwards, Jr., owner of adjoining property, opposing the requested permit. Mr. Street also stated that the staff felt that approval of the requested permit might lead to the establishment of a "beer joint" and urged the Commission to consider denial of the permit only to keep the area improving. Chairman Larson declared the public hearing open at 7:59 P.M. Mr. Hersh administered the Oath to those persons wishing to testify at this public hearing. PROPONENTS Mr. Tony DiPilla, 9013 Valley Boulevard, testified re- garding reasons and justification for granting the re- quested permit. OPPONENTS 1. Mr. Stoddard Gumarer, representing Mr. James Edwards, Jr., 140 W. Valley, San Gabriel, testified regarding reasons for denying the requested permit. Chairman Larson declared the public hearing closed at 8:19 P.M. Discussion by the Commission included lighting of the area, hours of operation, renewal of the permit in one year, parking in case of expansion, need for the owner and applicant to appear before the Commission for further expansion, and number of tables to be allowed in the pizzaria. (MO) It was moved by Commissioner O'Hagan, seconded by Commissioner Floe, that Conditional Use Permit No. 21 be approved, subject to the following conditions: The subject property, limited to the 18' X 67' space now operated as a pizzaria, may be developed, operated , and maintained as a pizza restaurant, including the serving of beer and wine with meals, subject to the subject pro- perty being developed and maintained substantially as indicated on the plot plan marked "Exhibit A "; as speci- fically permitted herein, and otherwise only as required and permitted in the Rosemead Zoning Ordinance. PC May 21, 1968 Page Three Conditional Use Permit No. 21 (Continued) 0 2. The dispensing of beer and wine with meals is permitted subject to such licenses and permits as are required by the City and State in the operation of said use. 3. Hours of operation shall be limited to the hours between 10:00 A.M. and 10:00 P.M., Monday through Thursday, and between 10:00 A.M. and Midnight, on Friday, Saturday, and Sunday. 4. The parking area at the rear of the restaurant shall be kept lighted after dark, using not less than two lights, shaded from the property to the north. 5. There shall be no use of flashing or blinking lights or signs. 6. The seating capacity Af the existing pizza restaurant shall not exceed sixteen (16) persons at any time, except that the pizzaria may expand in the existing store subject to staff approval of a revised plan for a fixed number of seats and the required number of parking spaces. 7. This permit shall expire one year from the date of this approval, except that the owner may apply for an extension of time, and the Commission may consider and grant such extension of time as they then consider appropriate, without further public hearing. 8. This Conditional Use Permit shall not become effective until the owner, and the applicant of the property in- volved have filed with the Planning Department their signed Affidavits of Acceptance of Conditions. 9. It is hereby declared to be the intent of this Permit thbt if any provision thereof is held and declared to be invalid, the same shall be void and all of the pri- vileges granted hereunder shall lapse, unless the Planning Commission, upon application and good cause appearing therefore, determines otherwise.. 10. It is further declared and made a condition of this Permit that if any condition hereunder is violated or if any other applicable law, statute, or ordinance is violated in.the development hereunder, this Permit shall be suspended and the privileges granted hereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so within a period of thirty days. ROLL CALL VOTE: Ayes: Commissioners: Floe, Larson, and O'Hagan Nos: Commissioners: None Absent: Commissioners: None PC May 21, 1968 Page Four 7, CONDITIONAL USE PERMIT NO. 22 - Occidental Petroleum Company . 8659 Garvey - Request to establish an exploratory well site for drilling for oil and /or gas. Planning Director Hersh presented the factual data, Chairman Larson declared the public hearing open at 8455 P Mr. Hersh administered the Oath to those persons wishing to testify.at this public hearing. PROPONENTS MF, �ames H. Endacott 5000 9tockdale High Bakersfield, bCci ent1l Petroleum Company, testified regarding reasons and justification for granting the requested permit, OPPONENTS None Chairman Larson declared the public hearing closed at 9:04 P Mr. John Kunau, Occidental Petroleum Company and Mr. Francis McGuire, Fleet Oil Company, were present to answer questions from the Commission. Discussion by the Commission on conditions to allow the use included fencing of the property, dedication of street right - of -way, number of well to be established on the property if oil or gas found, removal of derrick or derricks should no oil or gas be found, and parking facilities for employees. (MO) It was moved by Commissioner Holmes, seconded by Commissioner O'Hagan that Conditional Use Permit No. 22 be approved, subject to the following conditions: 1. The applicant shall submit for review and approval of the nt five (5) copies of revf6ed plot plan Exhibit E- Revised ", altered in accord with the stated approval of the Planning Commission. The exploratory stage shall be valid for a 120 day period from the date of this approval, or the commencement of operations. The subject property outside the well test site indicated on " Exhibit E- Revised" shall not be altered, expanded or improved without the express permission of the Planning Com- mission, and no building permits may be issued for any pur- pose in said area during the exploratory testing stage approved herein. The well test site, including gravel paved access drives indicated and approved by staff as "Exhibit E- Revised" shall be developed, operated and maintained sub- stantially as indicated on the approved plan, the required and approved "Development Schedule" and the following conditions of approval. it ^ -k shall I­ the height, shape, color and sound- "- .r,o Dian marked and approved by i PC May 21, 1968 Page Five • Conditional Use Permit No- 99 (Continued) 3. The applicant shall establish and maintain a 20 foot high sound - proofing fence or baffle of fireproof or fire retardant material, enclosing the drill test site substantially as indicated on the approved plan marked "Exhibit E- Revised" except for necessary gates as indicated. All necessary equipment . , facilities and structure3 for the exploratory stage shall be locatod cn the walled site. Parking (ten space_: - to City standards) for the ex- ploratory stage shall be established in the area outside the well site. k. The applicant shall submit a "Development Schedule" for the exploratory stage, and shall adhere to the schedule. The Director of Planning is authorized to make justifiable minor adjustments of the scheduli . 5. The required exploratory drill site fencing and sound- proof baffle shall remain in place during the exploratory stage. Should oil Frd %cr gas bo found and the project move into the driliino and Production state, an eight foot high wood fence shall be erected around the well site to remain in place during the five year interim pro- duction period. The 20 foot: high sound- proofing baffle fence may be removed with the test derrick has been re- moved, to allow the sound - proofed drilling derrick approved on "Exhibit. 0" to be instalied. 6. Exploratory test drilling, in the first 90 to 120 days or as approved on the "Development Schedule ", may be operated daily, except on Sundays or nationally recognized holidays, with the hours of opera tion limited to the hours between 7:30 A.M. and 9;00 P.M,. The applicant shall have a watch- man on duty on the well site every night between 9 :OOP.M, and 7:30 A.M. The we'l sic-- area shall be adequately lighted at night. 7. All building permits issued for the subject property shall be subject to prior approval of the Planning Director. 8. That at all times (including, without limitation, during production test periods) all drilling and pumping equipment shall be operated either by means of electric motors or adequately muffled internal combustion engines burning natural gas piped to the drill site, or liquid gas, in the event natural gas becomes unava�_ able; provided, further, that all such motors or engines shall be completely enclosed by means of buildings adequately insulated with sound - deadening materials. 9. That any approved derrick, as approved on "Exhibit 0" erected or used on the drill site shall be sound- proofed with sound deadening materials as are customarily used under currently accepted standard:; and practices and which are acceptable to the City T ire Department; and that all operations, in cluding ARithout limita` ion drilling and production operations, shall b� so conducted as to prevent objectionable noise. 0 PC May 21, 1968 Page Six Conditional Use Permit No. 22 (Continued) 10. That proven technological improvements in drilling operations and production methods which are capable of reducing any presently inevitable factors of annoyance to the public shall be adopted as they may become avail- able, from time to time. 1T, 'ihar ;.!ding wi;thout limitation drilling and production, shall be conducted in such a manner as not to constitute a public nuisance. 12. That prior to commencing drilling operations, the operator shall contact and notify and, whenever required by applicable rules or regulations, obtain permits from (and maintain such permits in full force and effect as long as required), any governmental agency which may be designated by the City Staff from time to time; that the following agencies are designated hereunder at this time: 1. City Fire Department 2. Division of Bui ?ding and Safety, City Engineer 3. Air Pollution Control District 4. Industrial Waste Division, Department of County Engineer. 13. That the City Engineer shall be furnished with a copy of an electric log of the first well drilled under this permit, as recorded from the surface of the ground to a depth of 2,000 feet. 14. That closed steel tanks shall be used in lieu of sumps. 15. That the yard and access drives of the drill site shall be maintained in a neat and orderly condition, and that, so far as practicable, all operations conducted on said site and access drives shall be carried on without objection- able noise or dust; provided, further, that in the event any operation wh'.ch would tend to cause dust must be carried on, the operator shall provide adequate measures to prevent any dust spreading to adjacent property. 16. That all access drives used for ingress and egrees to and from the drill site shail be surfaced with asphalt and maintained during drilling and production operations, except as otherwise approved for exploratory stage as approved on "Exhibit E- Revised ". 17. That all drilling on the subject drill site, except for redrilling or deepening, shall be completed prior to May 30, 1973 provided that upon making a finding that due diligence has been used in an effort to complete drilling prior to such date, the Director of Planning may extend this grant for a period not to exceed 90 days. 18. That the derrick or derricks used to drill any well hold or to repair, clean, cut, deepen or redrill any completed or drilled weii shall be moved or removed within 90 days after completion or :-.`�andonment of such well. PC May 21, 1968 Page Seven Conditional Use Permit No. 22 (Continued) 0 19. That all pipe laid ouside of the drill site, in connection with any operations thereon, shall be buried and covered to a depth of not less than one foot. 20. That no oil, materials, equipment, tools and /or pipe used for any operations hereunder shall be delivered to, or removed from the drill site, except between the hours of 8:00 A.M. and 6:00 P.M., on any day, except in case or' emergency. 21. A faithful performance bond of $2,000 for each well shall be filed with the City of Rosemead. Either such bone: shall include as obligees all persons who may be ca-aged or annoyed by such use or a policy of insurance shall - be filed with the City of Rosemead having a maximum amount or recovery not less than the amounts required of a bond, directly insuring all persons who may be damaged or annoyed by such use. 22. That no signs shall be constructed, erected, placed usod or maintained on the drill site or any part thereof, or on any of its access drives or appurtenances, except_ the =_e required by law or ordinance to be displayed in conncction with the drilling or maintenance of any well or other operation and those required for public safety. 23. That suitable and adequate sanitary toilet and washi;,g facilities shall be installed on the drill site and shall be maintained in a sightly, clean and sanitary condition at all times and inaccordance with regulations of the City Health Department. 24. That permanent structures and equipment shall be painted so as to blend with the natural surroundings. 25. Pumping operations shall be conducted by electric oc.v:r or when pumping is conducted by bottom hole hydraulic pumps; these may be powered by muffled internal com• bustion engines, provided these are completely en::ios >d within buildings insultited with sound - deadening materials, 26. Should exploration drilling result in discovery of oil and /or gas and the development procede to the drilling and production stage the applicant shall, within ninety (90) days from the date of completion of exp',orator, drilling, submit a drilling and production "Development Schedule ", and revised plans of "Exhibit F" in accord with the approvals stated by the Planning Commissioner. The subject property shall thereafter be developed sub- stantially as approved by staff and as indicated on approved plans marked "Exhibit F- Revised" and as indicated on the approve, or modified, "Development Schedule" and as indicated in the conditions of approval herein. The property to be enclosed with an eight (8) foot to twelve (12) foot high decorative, masonry wall and landscaped in accord with plans approved by the Director of Planning, in order to screen the site from public view, to reduce noise reflection. The landscaping to be continuously maintained. 0 R -C May 21, 1968 Page Eight Conditional Use Permit No. 1 2 !Continued) 0 27. That subject to the more specific requirements hereinafter set forth,.all operations shall be maintained, at all times, within such enclosures as will prevent access by unauthorized persons and will prevent or reduce objectionable noise. 28. That illumination from any excess ga::- 'burning standpipes shall be shielded from view of adjacent properties. 29. That after commercial production has been obtained, oil shall be removed from the drill site be means of a pipe line only, except that prior to obtaining commercial pro- duction, reasonably limited quantities of oil may be removed by motor vehicle, subject to the restrictions on delivery and removal time set forth in Condition No. 17. 30. That from and after May 30, 1973, redrilling or deepening of any well shall be permitted only upon approval by the Planning Commission, provided that such approval may be granted by the Commission without public hearing, but subject to all the conditions contained in this permit. 31. That if exploration is fruitless and development does not proceed, or if the oil field is exhausted beyond economical use, the well or wells shall be abandoned, the site shall be cleared on any derricks, sumps or other drilling evidence within ninety (90) days from the date of abandonment, and the ground of said site shall be restored as nearly as possible to its original condition. A faithful performance bond in the sum of '5,000 shall be filed with the City of Rosemead to guarantee this condition is properly complied with. 32._ That in the event that, in the course of drilling operations hereunder, water is hit which cannot be contained, the same shall be diverted by the operator at the operator's expense so as not to flood adjacent properties, and sub- ject to City approval. 33. That this permit shail not become effective for any purpose until the applicant, as lessee of the affected property and proposed operator hereunder, has filed with the Planning Director a statement, under oath, that it has full know- ledge of an accepts each and all of the conditions herein set fotth and agrees to abide by them on its own behalf and on behalf of any persons acting hereunder for or at the request of the lessee. 34. That, unless otherwise staked, each of the conditions stated in general terms, or stated to be applicable to operator, is intended to apply and to be binding upon the lessee and operator of the drill siL::, its agents, employees and suc- cessors. 35. It is hereby declared to be the intent of this Conditional Use Permit that if any provision thereof is held or declared to be invalid, the same shall be void and all of the privileges granted hereunder shall lapse, unless the Planning Commission, upon application and good cause appearing therefore, determines otherwise. 9 0 PC May 21, 1968 Page Nine Conditional Use Permit No. 22 (Continued) 36. The owner of the subject property shall, prior to the issuance of any permits, dedicate an easement for street purposes consisting of a four (4) foot width of frontage fifty feet long on the west side of Bartlett Avenue, on the property described as 3027 Bartlett Avenue. Should the exploratory stage prove fruitful and oil and /or gas discovered; and subject to the applicants exercise of their option of purchase the westerly portion of the sub- ject property, the applicants shall then dedicate the westerly six (6) feet of the subject property bordering the east side of Burton Avenue; plus the southwest corner of the subject property, at Burton and Garvey, to the extent required for a corner cut -off area with a radius of twenty -five (25) feet; the dedicated areas to be used for street purposes. Within ninety (90) days of the commencement of the drilling and production stage of this approval, or as otherwise approved on the second stage "Development Schedule" the applicants shall install such curb, gutter, sidewalk and street tree improvements as are required on the Burton, Bartlett and Garvey Avenue frontages of the subject property. 37. The entire subject property shall be enclosed with a decorative masonry wall not less than eight (8) feet nor more than twelve (12) feet in height in accord with "Exhibit F- Revised" as approved and the approved "Develop- ment Schedule ". The design for the wall to be submitted to the staff for approval prior to construction. A building permit is required, but may not be issued without a release from staff. 38. It is hereby further declared and made a conditon of this Conditional Use Permit that if any condition hereunder is violated or if any other applicable law, statute or ordinance is violated in:the operations hereunder, this permit shall be suspended and the privileges granted hereunder shall lapse; provided, that the lessee or operator shall have been given written notice to cease, or cause cessation of such violation and has failed to do so for a period of thirty (30) days from and after receipt of such notice. 39. Failure to commence use of this permit within one year of the date of approval shall void this permit, unless the applicant submits a request for a time extension prior to the expiration date, and the Planning Commission approves a limited time extension. ROLL CALL VOTE: Chairman Larson abstained from voting as he owns property in the area. Ayes: Commissioners: Floe, Holmes, and O'Hagan Nos: Commissioners: None Absent: Commissioners: None 0 PC May 21, 1968 Page Ten UNFINISHED BUSINESS - 0 8. Recommendation from Beautification Committee - Site declared unsightly - 8754 Steele Street. Mr. Hersh presented the factual data and the recommendation from the Beautification Committee. Deputy Jerry Phillips, L.A. . County Sheriff's, testified regarding the condition of the subject property and contacts with the owner of the property and surrounding neighbors. Mr. Burl Blue, Chairman of the Beautification Committee, testified regardint the condition of the subject property. Mr. Roy Nakagawa, 39492 Gernert, owner of the subject property, testified regarding the reasons for the existing uncompleted and unsightly condition of the property. The Commission discussed facts leading up to the construction of the building penetrating side and rear yards, the approxi- mately five years the building has been under construction, the time needed to complete the building, the unsightly appearance, the fire hazard and the complaints of the neighbors. (MO) It was moved by Commissioner Holmes, seconded by Commissioner O'Hagan and unanimous carried, that Mr. Nakagawa be given fifteen days to clean up the property and that the owner consider filing a zone variance application requesting modi- fication of the side and rear yards and any other variations from regulations. 9. Recommendation from Beautification Committee - Site declared unsightly - 9802 Valley Boulevard - Andy's Body Shop. Planning Director Hersh presented the factual data. Discussion by the Commission. (MO) It was moved by Commissioner Holmes, seconded by Commissioner- Floe that the owner of the property be given thirty days to improve the appearance of the site and failing compliance with the request, the matter be referred to the City Council for further action. ROLL CALL VOTE: Ayes: Commissioners: Floe, Holmes, Larson and O'Hagan Nos: Commissioners - None AhcQnt: Commissioners: None PC May 21, 1968 Page Eleven NEW BUSINESS 10. PLOT PLAN NO. 369 - Minor Division of Land - 9303 Guess - Richard Jensen Planning Oirector Hersh presented the factual data. Mr. Richard Jensen was present to answer questions from the Commission. Discussion by the Commission included the area of the lots, need for the existing driveway to be widened to twelve feet and a low wall constructed along driveway. (MO) It was moved by Commissioner Holmes, seconded by Commissioner O'Hagan that Plot Plan No. 369 be approved subject to the following conditions: 1. Development of the subject property substantially in accord with the approved plot plan marked "Exhibit A ". No building permit shall beissued prior to submission of the required Parcel Map. 2. Sidewalks, to city standards, shall be installed on the Guess Street frontage. A bond, cash deposit or certi- ficate of deposit in the sum of $300.00 shall be sub- mitted to the City, prior to the issuance of a Building Permit to guarantee installation of the required side- walks and driveway approaches. 3. The applicant shall submit a Parcel Map of the property in accord with the plan as approved, for processing, approval, and recordation in accord with the requirements of the State Subdivision Map Act. The applicant shall submit a bond, cash deposit, or certificate of deposit in the sum of $150.00 to guarantee submission of the required Parcel Map, and a check in the sum of $36..00, made out to the Los Angeles CountyEngheer, to cover the costs of processing and recordation. 4. Development of the subject property shall otherwise be in accord with the applicable standards and policies of the Planning ommission; and in accord with the regulations of the City Zoning Ordinance (Ord. 112). 5. This approval shall expire one year from the date of approval unless a building permit has been issued; con- struction has started and is being diligently pursued to completion prior to the stated expiration date.. 6. Applicant /owner shall submit a signed Affidavit of 'Accep- tance of Conditions to staff. ROLL CALL VOTE: Ayes: Commissioners: Floe, Holmes, Larson and O'Hagan Nos: Commissioners: None Absent: Commissioners: None PC May 21, 1968 Page Twelve Chairman Larson declared a recess at 11:15 P. Chairman Larson reconvened the meeting at 11 :27 P.M. 11. SUBDIVISION ORD4NANCE - Review of suggested changes The Commission decided to put this item on the agenda of the meeting of June 18, 1968 to give the Commissioners time to review the suggested changes submixtad by City Attorney, Bob Joehnck. MATTERS FROM COMMISSION AND STAFF 12. Mr. Hersh announced a special meeting to be held between the Planning Commission and the City Council on June 5, 1968 to discuss and review the West San Gabriel valley Planning Commission General Plan. 13. TIME RESERVED FOR PERSONS IN THE AUW ENCE WHO WISH TO ADDRESS THE COMMISSION, None Chairman Larson adjounred the meeting at 11 :35 P.M. to June 5, 1968 at 7:00 P.M.