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HomeMy Public PortalAboutMinutes - 1988/10/25 - Regular" " CITY OF TEMPLE CITY PLANNING COMMISSION MINUTES OCTOBER 25, 1988 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted October 21, 1988, Chairman Seibert called the meeting to order at 7:30 P.M. in the Council Chambers. 2. PLEDGE OF ALLEGIANCE TO THE FLAG: Commissioner Coolman led the Pledge of Allegiance to the Flag. 3. ROLL CALL: Present: Absent: Also Present: 4. CONSENT CALENDAR: Commissioners Budds, Coolman, Griffiths, Muto and Chairman Seibert None City Manager Koski, City Attorney Martin, Community Development Director Dawson, Senior Planner Saldana and Consultant Mel Tooker Commissioner Coolman moved to approve the Consent Calendar. Seconded by Commissioner Budds. A. APPROVAL OF MINUTES - Meeting of October 11, 1988 Approved as written B. REVIEW OF CONDITIONAL USE PERMIT 88 -910 (TORRES) Site: 5921 -27 Cloverly Street Summary: The Planning Commission will conduct a six -month review of the operation of a church and determine if the Conditional Use Permit shall be re- consid- ered. Confirmed approval of Conditional Use Permit 88 -910. " Planning Commission Minutes Page 2 October 25, 1988 5. UNFINISHED BUSINESS: None 6. NEW BUSINESS: A. DISCUSSION DRAFT E.I.R., BLOCK "A" OF ROSEMEAD BOULEVARD REDEVELOP- MENT PROJECT AREA Site: Northwest corner of Las Tunas Drive and Rosemead Boulevard Summary: The Planning Commission will review the contents of the Draft Environmental Impact Report (E.I.R.) and will transmit their comments to the City Council and Community Redevelopment Agency. Chairman Seibert asked the author of the Draft, Gary Werner, to instruct the Commission on what they were to do with the Draft E.I.R. Gary Werner, Community Development Consulting Services, 1867 Fern Hollow Drive, Diamond Bar, stated the purpose of the meeting is to present to the Commission the Draft E.I.R. and to discuss issues that the Planning Commission feels may be deficient in terms of the adequacy of the document. This is not scheduled as a public hearing; but to discuss amongst the Commissioners whether or not the topics identified and ana- lyzed and the conclusions drawn will provide the Planning Commission and subsequent decision making bodies with ade- quate information to make an intelligent decision. Chairman Seibert reiterated that it was the Planning Commis- sion's duty to recommend to the Council that it is adequate in scope or inadequate and in what areas the deficiencies exist. Mr. Werner stated that was correct and those areas that the Planning Commission feels are lacking, either from responses that are generated or in the absence of such responses, he would provide written responses back and they would be pre- sented to the City Council /Community Redevelopment Agency, copies of which would also go to the Planning Commission. Chairman Seibert informed the audience that it was not a public hearing and that the discussion would be strictly among the Commission Members. " " " Planning Commission Minutes Page 3 October 25, 1988 Commissioner Griffiths stated that the report covered a lot of ground. He did not find any deficiencies, but did find some duplications. He did not find anything to add or to criticize. He stated that when the recommendation is made to the Council that the original Block "A" be included and that the block to the North of Elm between Rosemead and Reno, which is not within the CRA boundaries, be included if at all possible. The larger a parcel that can be obtained, the better it will be for the City in the long run. Commissioner Coolman agreed with Commissioner Griffiths that the Draft E.I.R. was very complete. She also agreed that the larger parcel was desirable since with a larger parcel there was more to work with. She stated Scenario A was her first choice as it disrupts fewer people. Scenario B was her second choice. Commissioner Budds concurred with the other Commissioners on the report. He stated that he had the benefit of two train- ing sessions on environmental impact reports and had some hand out materials which described what should be looked at. He stated it was a very comprehensive report. He also wanted to see Scenario B pursued. City Attorney Martin informed the Commissioners that they were only to comment on the adequacy of the report for the decision making bodies to make a decision and not there to discuss the decision. Commissioner Muto stated it was a fine E.I.R.; very compre- hensive, thorough for the range of different scenarios and proposed mitigating conditions. He stated it was certainly adequate for the proposed project. Chairman Seibert agreed with the adequacy of the E.I.R. from a laymen's point of view, since the Commission is not com- prised of professional planners. It appeared to have ad- dressed all the issues of traffic, noise, pollution, water, land usage and trash. Commissioner Griffiths moved to accept the adequacy of the E.I.R. Seconded by Commissioner Coolman and approved unani- mously. B. DISCUSSION RENTAL OF "ADULT VIDEOS" Summary: The Planning Commission will review the City's Adult Busi- ness Ordinance and address the special circumstances of video rental businesses which offer Adult videos for home viewing. Possible Code amendments will be considered and the Commis- " " Planning Commission Minutes Page 4 October 25, 1988 sion may authorize staff to set a public hearing to con- sider certain amendments. Director Dawson presented the staff report. He further stated that two of the businesses had already signed state- ments to the effect that they do not intend to offer adult videos for rental. The other six business are not untypical of video rental business in other cities and this would be an additional safeguard to be added to the Code. Commissioner Muto inquired about possible violations and how they would be handled. Director Dawson stated they would be handled in the same manner as any other business operating in conflict with the City's Business Code, they would be cited and taken to the District Attorney's Office, etc. Commissioner Budds inquired if the City Attorney had an opportunity to review the proposed amendments. City Attorney Martin replied that he had. Commissioner Coolman asked if magazine stands could also be encompassed as some of the stands are not at all discretion- ary in showing of adult magazines. Can this be covered by the same type of ordinance. City Attorney Martin stated it becomes more and more diffi- cult as you get into newspapers and newsracks and exercise control with regard to the First Amendment guarantee. He stated he wanted to take them one at a time and possibly find a formula for video shops, then we can go on to newspaper shops and eventually the newsracks. Commissioner Griffiths stated he was in agreement with Com- missioner Coolman. He also stated the one at a time approach is probably the one to take and we should start with the video rentals and then move on to the newspapers and racks. The residents should be able to do with their private lives as they wish, however these items should not be as public as they are now. City Attorney Martin informed the Commissioners that if they agree after their comments, they can set the matter for public hearing. Commissioner Coolman moved to hold a public hearing on Novem- ber 22. Seconded by Commissioner Budds and approved unani- mously. " Chairman Seibert recognized the Boy Scouts in the Audience and thanked them for coming to see how City Government operates. " " Planning Commission Minutes Page 5 October 25, 1988 7. COMMUNICATIONS: None 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: TIME PUBLIC IS INVITED TO SPEAK ON ANY ISSUE; HOWEVER, (pursuant to the Brown Act and subject to certain exceptions) THE PLANNING COMMISSION CANNOT ACT ON ITEMS THAT ARE NOT LISTED ON THE POSTED AGENDA. 9. MATTERS FROM CITY OFFICIALS: Commissioner Budds inquired as to the procedure on the E.I.R. and what the next step would be. At what point, if any, will the Planning Commission make its views known to the City Council. City Manager Koski informed Commissioner Budds that the next step was the Draft goes to City Council for public hearing on the Draft E.I.R. The City Council will then decide what course to take. The process will be long. Commissioner Budds asked if the Planning Commission would have input or would they act as private citizens. City Manager Koski stated if there were inadequacies they should be addressed now. The Draft E.I.R. goes to the Coun- cil for Public Hearing on the 15th and a tentative hearing on the 29th of November to certify the E.I.R. This allows two weeks for the staff to address any public comments or any comments from Commissioners or Council. The development itself will come at some point down the line when the developer will require a Conditional Use Permit for the site and one of the scenarios is finally negotiated with the staff and approved by the Council. Commissioner Coolman asked that since it was a redevelopment area and the Commission had not been involved in other rede- velopment if they could have input. City Manager Koski stated that on any new center over a certain size the Commission would be involved. Director Dawson stated that any center with three or more units would require a Conditional Use Permit. Commissioner Budds stated that some of his comments might be too late for consideration if he waited for the CUP process. This is such a significant project for Temple City and he wanted the proper forum. " " " Planning Commission Minutes Page 6 October 25, 1988 City Manager Koski stated it could be done as an individual at the public hearing. He asked City Attorney Martin what process might be used. City Attorney Martin stated that the Commission could sched- ule a discussion at their next meeting to recommend one of the scenarios to the Council. Director Dawson stated that the review period of the E.I.R. ran until the 15th of November. City Manager Koski stated he would like to keep the E.I.R. sufficiency separate and until that is concluded, the discus- sion should be deferred until after that date, and possibly the Commission could discuss it at their meeting of November 22. Commissioner Budds stated he would prefer to have a discus- sion if the other Commissioners agreed, but had no problem with attending a public hearing and making his comments. This is a very significant project and will probably be the last of its size in the community. City Manager Koski stated that the Council would be taking public input on the sufficiency of the E.I.R. on November 15, and on November 29 there is a joint meeting of the Agency and the Council to consider the E.I.R. and a project. Commissioner Coolman stated she would like to feel the Com- mission had some input on the scenario before the Council makes a decision. Director Dawson stated there might be a logistical, problem as the Council would want to certify the E.I.R. on the 29th and comments should be received before that. He suggested the Commissioners submit their comments in writing; the consult- ant could prepare a response to them as part of the E.I.R. and all of the information would go to the City Council. City Manager Koski stated that was only the E.I.R. and not the project itself. He also stated that staff should give the Commission an overview of the scenarios and the project for the Commission meeting on November 22. Commissioner Coolman asked if it would be a discussion only and not a public hearing. City Manager Koski stated it would be a matter on the agenda for formal study session and background would be provided. Commissioner Griffiths reiterated that on November 22 the Planning Commission would discuss the scope of the project. He stated he was agreeable. Planning Commission Minutes Page 7 October 25, 1988 City Attorney Martin stated that the Planning Commission • could make input from a Planning standpoint. • • Commissioner Budds stated this was not without interest on the part of the community and he wanted to go on record publically how he felt about the project. Commissioner Griffiths stated that Commissioner Budds could go as a private citizen and as part of the Planning Commis- sion 10. ADJOURNMENT: As there was no further business, Chairman Seibert adjourned the meeting at 8:03 p.m. The next regular meeting of the Planning Commission will be held on Tuesday, November 8, 1988 at 7:30 P.M. in the Council Chamber, 5839 North Kauffman Avenue, Temple City.