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04-17-1961 - Regular Meeting - Minutes1 MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF WEST COVINA, CALIFORNIA April 17, 1961 The meeting was called to order by Mayor Heath at 7-45 P. M. in the West Covina City Hall. The Pledge of Allegiance was led by Council- man Brown. ROLL CALL Presents Mayor Heath, Councilmen Brown, Towner, Barnes, Snyder - Others Presents Mr. George Aiassa, City Manager Mr. Robert Flotten, City Clerk Mr. Thomas Dosh, Public Services Director Mr. Harold Joseph, Planning Director Absent-. Mr. Harry C. Williams, City Attorney SCHEDULED MATTERS HEARINGS ZONE CHANGE NO. 179 LOCATION-, Southeast corner of UNCLASSIFIED USE PERMIT NO. 54 Glendora Avenue and Service and Avenue, bounded on the east PRECISE PLAN OF DESIGN NO. 264 by Valinda Avenue. (Richard M. and Barbara J. Kline) DENIED Request to reclassify from Zone R-A, Potential R-P to Zone C-1, denied by the Plan- ning Commission Resolution No. 10201; rLaquest for Service Station denied by Resolution No. 1021; request for adoption of Precise Plan of Design denied by Resolution No. 1022, Appealed by the applicant on March 17, 1961. Hearing held on April 10, 1961. Hearing closed and decision held over to April 17, 1961. Mayor Heath-, The hearing is closed, and there is now the opportunity for discussion among members of the Council. At the last meeting, Councilman Snyder was not here, and we trust that he has had the opportunity to review the Minutes of the last meeting to obtain the official action taken at that time. But rather than to pounce on him and catch him in a spot, it might be advisable, at this time, to open this up for any comments by other members of Council who might desire to bring out some points they deem necessary and important in relation to the de- cision to be made in the case before us, before we hear Council- man Snyder's comments. Councilman Barnes-. I would like to refer a -question, possibly to the City Manager, and ask for his staff's report or ideas on the part shown as Unclassified Use Permit No. 54 which is the area on Glendora. Was the application for 10,000 square feet in there, or was that to be the full length of that property? Co C, 4-li(-61 Page.Two ZONE CHANGE NO. 179 UNCLASSIFIED USE PERMIT NO. 54 and PRECISE PLAN OF DESIGN NO. 2 - Continued Mr, Joseph-. The legal description read for • the entire length. However, the area would be controlled by the precise plan which would make a frontage of 350 feet on Glendora Avenue for service station frontage, as it would appear from the precise plan design, Councilman Barnes-. What is the depth? Mr. Josephs Approximately 55 feet for drive- ways and service station pump islands, I believe. Mayor Heath-. I think at, this time our City Clerk has a letter from the Chamber of Commerce and per- haps he should read it at this point, City Clerk Flotten-. We do have such a letter and we also have a written communication from the South Hills Country Club with respect to the same item. The City Clerk read the communication from the West Covina Chamber of Commerce, dated April 12, 1961, relative to the fact that a statement had been made regarding the Chamber of Commerce being officially on record as being in opposition to this rezoning, but that for the sake of the record, and'to clarify any misunderstanding, please let it be understood that there has been no opinion given, pro or con, on this matter by the Chamber of Commerce. This com- munication was signed by the Manager of the Chamber of Commerce. Councilman Brown-. Before we go any further in relation to the letter from the South Hills Country Club, nobody has mentioned new testimony and this is new testimony opening up the case again. The Chamber of Commerce was involved in the previous testimony presented at the hearing and, therefore, would have the right of rebuttal, but I do not believe we should accept any new information from other parties at this point, Councilman Towner-. I am inclined to agree with Councilman Brown, although I do not know what the letter says. Councilman Brown; I do not know what it says, either, but to listen to it would be possibly accepting new testimony. Councilman Towner-. I do not think the South Hill letter should be read, as I believe it would constitute new evidence, while the Chamber of Commerce has a right to clarify their stand in the matter. Couuncilman Snyder-. I would agree, n C. C. 4-17-61 ZONE CHANGE NO. 1' PLAN OF DESIGN NO City Manager Aiassa: Mayor Heath: UNCLASSIFIED USE PERMIT NO pertain to the same subject. Councilman Brown: Councilman Barnes: Mayor Heath: Councilman Snyder: Mayor Heath: Page Three AND PRECISE This letter was from the South Hills Realty and not the South Hills Country Club. This was one of the persons interested in this zone change and evidently, then, could Possibly the Realty might be different. However, this might still pos- sibly be additional ideas or testimony from the South, Hills Realty. The City Clerk has indicated it is not additional testimony, but related to this matter. I received a letter from the South Hills Realty. In your opinion, is it new evidence? Councilman Snyder: No, it would appear to be just an elaboration of the argu- ments given previously, although I do not know if what I received is the same one. After looking at the communication indicated by the City Clerk, Councilman Snyder stated, "This is different than what I have received." Councilman Towner; It appears that if you open this up, whether it is an argument or a statement of facts, you will have to open it up to the other parties, and I do not know if we can legally re -open the matter, and if we do, we have to give all interested parties a chance. Councilman Brown: a matter is under advisement, take in further testimony? The City Attorney has ruled that we can take further testimony at any time while but I am wondering if we desire to Mayor Heath: However, the City Clerk in- dicates it is not additional testimony. Councilman Brown: Even if it is rebuttal to previous statements made, I believe the rebuttal period is elapsed for them, because they were present the night of the hearing. I feel the only way it would be free to be read would be if the opponents want to rebuttal on the matter, as both sides are entitled to the same opportunity. C o C a 4-17-61 Page --Four ZONE CHANGE NO. 179 UNCLASSIFIED USE PERMIT NO. 54 AND PRECISE PLAN OF DESIGN NO, 2 - CONTINUED Councilman Towner: However, it is also true that • possibly the same people are not here tonight that were .present at the time of the hearing, and that would be denial of due process if those people were not here or absent when this evidence was taken, i I•think that we had fairly adequate discussion of it at the time of the hearing, and I haven't seen anything new that would change my opinion as to what was stated the last time. I am wondering if Councilman Snyder has had the opportunity to read the Minutes and review the evidence of the hearing? Councilman Snyder: I spent considerable time studying the Minutes and re- viewing the evidence, so I believe it is up to me to make some comments at this time, unless one of you four Councilmen have changed your mind. I would like to ask if this is a membership store? Mr. Labelle: ship store? It is. Councilman Snyder: Mr. Labelle: employees and maybe one this point. Councilman Snyder: Mro Labelle: Councilman Snyder: Mr. Labelle: I am one of the principles of the Cal Stores in Lakewood. You ask if this is a member - Limited to whom? Union personnel, civic service., teachers, hospital staffs, federal, state and county or two others which I cannot recall at it will probably extend into Mr. D. Cunningham 3723 Wilshire Blvd. Los Angeles You plan to be open on Sundays? From 12 Noon to 5 Po M. What general area will this membership come from? It will undoubtedly come from this immediate area together with the southern area, and the northern area as.welle shaded in with the other towns. Mayor Heath: . Councilman Snyder: We have a map of the East San Gabriel Valley which has out- lined on it the City of West Covina and a 5 mile radius circle around it, and is This isn't new evidence, it was presented at the hearing. I didn't see the map, and I would like to do so. (The map was shown �o the CouAcil- mane) C. C. 4-17-61 Page Five ZONE CHANGE NO. 179, UNCLASSIFIED USE PERMIT NO. 54, AND PREC Councilman Snyder - Continu+eda In• the -.arguments for and against, much emphasis was made on the • tax revenue that will come from this store, with the greater part of the argument indicating that the taxes the City will receive will far outweigh any disadvantages from a planning standpoint. You can take figures and throw them around in any way you like, but .I think there could be certain corrections made of the possible revenues from this store. It is a discount operation, which possibly might cut into the leg- _,itimate, and excuse my use of the word, retail activities, and possibly sales tax from other merchants in the City would be cut .because this type of store would steal, or possibly, I should say take away, that much of their business. Suppose they could steal,, or take away, $20,000.00 worth of sales tax revenue from other stores? It comes to this --you take 20,000 from 98,000 which brings the figure to 78,000 in revenue from this store. If the value of the property surrounding it as homes, and I emphasize "as homes" is decreased --and I do -not have the slightest doubt they will be decreased by this type of store --and saying, drawing the figures.out of the air, the homes would be decreased $1,000.00 per home with a minimum of 50 homes you have another $50,000.00 loss of money during the first year, at least, so it brings the figure down to possibly $25,000 worth of value you would get from this store in the first year. A great deal was made of the fact that we, as a Council, have made the statement of our planning principles and that our goal is to attract retail and commercial activity to the City of West Covina. This is true. In fact, I helped write the principles, all Council did, and we all believe in them, but principally, this is a city of homes. It is also still true that we want to attract retail and commercial to the City, but not attract it at any price --so far as I am concerned. It is not our function to limit competition and we can't deny on any facts of competition. The fact that it is a discount store should not have any bearing on our decision, but it is our duty to stimulate healthy competition and we can control it by the amount of zoning we grant, and the type of commercial enterprises we attract does matter. It matters from the planning principles and from the whole welfare of the City. What have we gained if we get a discount type of competition or substandard type of com- mercial enterprise if we, by doing so, downgrade our whole retail, commercial and residential climate? The nature of this business, by its very nature, it is a discount house which will sell at rock bottom prices with a warehouse type of building with a min- imum overhead and it will cut corners everywhere to make this work. It is a benefit to members and not all the citizens in West Covina. From a planning standpoint, I would tend to go along with them (Planning Commission) in that it is not good planning to put this store here. If this were requested to come in and we (City) were given a choice as to where it was to go, I do not believe we would put it here. There is plenty of land still vacant throughout the City for such use. There is plenty of adequate "C" zoning on better locations for this, and it is a warehouse type of operation which should go in an "M" zone or a C-2 or C-3, and not in a C-1 area. C. C. 4-17-61 Page Six ZONE CHANGE NO. 17, UNCLASSIFIED USE PERMIT NO. 54, AND PRECISE PLAN OF'DESIGN.NO. 2 - Continued Councilman Snyder - Continued. - The amount of traffic attracted by this type of operation, espec- • Tally on Sunday, shouldn't go in a residential area, and I do not think the future traffic count on Glendora has any bearing, even thoughthere is future projection of 40,000 cars a day, since by its very nature it does not attract passers-by, but members, so it doesn't make any difference where it is located. I believe its disadvantages do not warrant a "C" zoning in a residential area, and I am against granting this. Ll We want to invite retail and commercial into the City, and we still have plenty of room to do so, but I do not think this zoning should be granted. Councilman Towner.- Those are interestbg. comments on the nature of the operation, but I would say, disregarding that and considering only the planning aspects of it, that the traffic, and the insertion of "C" zoning into residential area, the nature of the plan before us, the size of the operation and all other problems presented in discussion and in the Commission, that I agree with Councilman Snyder as to the end result. Councilman Brown: where this type of store could go. should talk to the tax assessor and mercial and not agricultural, since this. I would comment on the "C" land zoning in the City of West Cov- ina, and that it is over -priced Maybe it is our fault, and we set'it on the role for vom- it is being held strictly for We shouldn't endeavor to control merchandising, but zoning, as a Council. To do this could form a monopoly where no other large stores could come into the City, and I do not think that would be fair or that it is the intent of the planning act which enables us to do these things. I can't see that as a basis for denying. Councilman Snyder: zoning except to the extent is my feeling that we have, adequate commercial zoning ation and for other retail I do not think I am denying it on that basis. It is not our job to limit or control by we can over -zone commercial, and it plus an expert's feeling that we have in the City now for this type of oper- expansion. Councilman Barnes.- I feel the same way as Council- man Snyder, and just because possibly the prices are too high on present commercial zoning, I do not 'thtink the best thing is to zone other property commercial, because the price isn't right. We have no way that we can tell these people they have got to sell to anyone. They own the property, and the only thing we can govern is the amount zoned. Councilman Snyder. - when we have better surrounded and use. The fact that we have this much commercial zoning justifies not pushing into residential zoning better locations for commercial C. C. 4-17-61 Page Seven ZONE CHANGE NO. 17t9r, UNCLASSIFIED USE PERMIT NO. 54, AND PRECISE PLAN OF DESIGN NO. 2 - Continued Mayor heath-. I think Councilman Snyder's. points are well taken, and he has brought out some good facts. We were led to believe, however, the gross sales of this • store would be 12 million, 15 million or 18 million, and the smallest figure was taken which was 12 million, so one percent sales tax on 12 million is $120,000, and we should start at that point --at least when you start deductions. Possibly the reason commercial is so expense n the City is the fact of scarcity of it, and that would drive it (cost) up. The report does state we have too much commercial in our City, but by the -same token, the consultant that made that statement isn't doing our present master plan, and possibly the fact that he isn't would be because the facts given weren't right, because if they were, we would have gone back to him the second time. So far as the area is concerned, the commercial extends down Vincent and Glendora Avenues and this would be at the bottom of the bucket. We have commercial all along Glendora. We have commercial across the street to the north and all along Vincent Avenue. It is a choice for the Council to make, and this was brought out very clearly at the last meeting. First, we have declared ourselves as striving to be the commercial center of the Valley, and we have a good start. We need something to help in our tax base. It was pointed out in testimony at the last meeting that this store could readily go into LaPuente, which is a very short distance, relatively speaking, from here. Should it go into La Puente, they would reap all the benefits, and we would receive nothing, and it still would serve our people in com- petition with our regular stores. I agree with you, Councilman Snyder, 100% that the property owners should be protected, and I do not in any way intimate I would go for this unless they were protected. The way it stands in my opinion, at present, is we need this store, we need this income, and it is a shame if it gets away from us, but I would point out we must not buy it at any cost, but I feel there could be a com- promise here in some way so as to get the store and yet have these other people protected. Councilman Snyder-. What compromise would you suggest? Mayor Heath-. Possibly further setback. There is another plan on the board which 'was not before the Com- mission, but presented to us, where the owners have tried to give protection by using the same principles that we have used many times before, and that is to require the developer to put a row of R-1 houses in, as a buffer on his own property, with these houses to be built at the same time or prior to the development of any commercial area. I notice, too, that on this plan, they have moved the store further from the houses on Valinda Avenue and further from the houses on the south. They also have re- versed the plan to put the area of concentration at the extireme north end of the property rather than as it was before, which was at the south end. By moving the building north and west there is provided parking spaces to act as a buffer and they propose to install the R-1 lots. Mr. Joseph, what is the present distance from the building to Valinda Avenue now? C. C. 4-17-61 ZONE CHANGE NO Mr. Joseph; Page Eight TO, UNCLASSIFIED USE PERMIT NO. 54, AND PRECISE . 2 - Continued About 185 feet from the property line here and 145 feet at this point from property line. Mayor Heath: We say that privacy demarcation is 200 feet, and this would be 185 feet plus what Valinda Avenue is and the southern part looks about the same amount. I feel this is somewhat of a buffer and possibly a pretty good buffer. Councilman Snyder: I can't see that this protects the value of the surrounding property. I have some photo- graphs taken of the operation of the Lakewood Store.... Councilman Towner: Those were shown to Council at the hearing. Councilman Snyder: ...and there is no assurance they are going to build -any different type of store, and if it is to be the same operation, they would have to cut costs, and I can't conceive of any of those homes not being devaluated. We can't do that, we can't devalue those homes by $300.00 or $1,500.00. We have a commitment to them, too, and of long standing, and this is the basis of making my decision not on the type of operation. I merely brought that out to indicate the type of facility that they would have to put in to be in accord with the type of business they are going to do. Councilman Barnes: I would like to see this oper- ation in a higher zoning where it wouldn't be detrimental to residential homes, and I think we are putting too heavy a develop- ment right into a residential area. I realize the piece of land is quite large and could be used adequately for this type of use, but I feel it is too much to ask of the people to put up with an operation of this size in a residential area. Councilman Snyder: I visited the Lakewood store on Sunday, and there were literally thousands of cars there. If this use here would follow the same pattern, it would be very congested with two main streets coming together. I feel there are areas for this use of less possible congestion. I think this is the basis of the Commission action, in that it was not good planning, and I do not think'.the monetary benefit outweighs the planning deficiencies. Mayor Heath: In the broad sense of the word, you feel, then, that it would be impossible to Put this use in here and yet adequately protect the homes? % I Councilman Snyder: At this location, yes, I really believe that. Councilman Brown: How many homes do you feel this would affect? n U C? c. c. 4-17-61 ZONE CHANGE NO. 17-9. UN PLAN OF DESIGN NO. 2 - Continued Councilman Snyder: Councilman Brown: Councilman Snyder: there is vacant land alongside Councilman Barnes: USE PERMIT NO. Page Nine PRECISE Possibly one block deep, to the south and east, at least. There is no entrance on the east, at Valinda. It is still bordering it. At the Lakewood site to the south is a factory, and then of other area. That is the type of area this use should be in, in my opin- ion. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Zone change No. 179 be denied. Councilman Brown and Mayor Heath voting "No." Mayor Heath: I would like to state that I would qualify my "No" vote by the fact that I feel there could be an adequate buffer or suitable protection provided for the residences. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that Unclassified Use Permit No. 54 be denied. Councilman Brown voting "No." Motion by Councilman Towner, seconded by Councilman Snyder, and carried, that Precise Plan of Design No. 264 be denied. On the question by Mayor Heath, it is to be noted that all mem- bers of the Council voted in favor to deny. CITY CLERK POINT OF INFORMATION Communication from Mr. Robert Ebiner advising of his appoint- ment as the Chairman of the City Relation Committee of the Chamber of Commerce. Council received copies. It was suggested and noted that the Mayor should answer this communication of Mr. Ebineros. PROPOSED ANNEXATION.NO. 32 City of Covina HELD OVER TO NEXT REGULAR MEETING It was suggested and noted that a larger map be presented to Council at their regular meeting of the 24th indicating the annexation area with possible further discussion and report. c. c. 4-17-61 REQUEST TO CONDUCT FUND RAISING CAMPAIGN APPROVED Page Ten Muscular Dystrophy Assoc- iation of America. December, 1961. • Motion by Councilman Barnes, seconded by Councilman Brown, and carried, that the request to solicit funds, as noted, as approved. CHARITY CIRCUS OF SUNSET SCHOOL P. T. A. APPROVED business license - pony ride. May 6, 1961 - 11 A.M. to 7 P.M. Eleven booths and concessions, three rides (Merry-go-round, bucket ride, train) requires Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that the request of the Sunset School P. T. A. be approved, subject to the meeting of all requirements of the City staff committee. RECONSTRUCTION OF 61 MASONRY William S. Lovett WALL ON LOT 61,. TRACT NO. 1105 Wescove Place 14681 City Clerk Flotteno We have a letter which we wrote to Mr. Lovett regarding this matter. We have had one statement from him which -.was presented orally, over the telephone, that he had sold this property, and since that time we have heard nothing further and have received nothing in writing - Councilman Brown: City Clerk Flotteno Councilman Brown: Mayor Heath: City Clerk Flotteno City Manager Aiassa: Councilman Brown: I believe when this was:.prev= ._iously before _:.Council it was indicated the property was in escrow. That was what we had heard the last time, and now it is indi- cated it,is sold, but we have nothing in writing. Perhaps this should be checked out and the City staff should advise the buyer to make the required changes. Is there any way to determine the buyer? It is our understanding it is a real estate man on Glendora Avenue. Perhaps the quickest way and best way is to have our Special Officer cite the area. Perhaps the buyer should be notified of the requirement first. C. C. 4-17-61 City Clerk Flotten: City Manager Aiassa: REQUEST OF THE CHAMBER OF COMMERCE APPROVED Page Eleven It is our understanding the proposed new buyer knows of the requirement. We will speak with the City Attorney and get some confirm- ation from him before we do any citing. On behalf of At. San Antonio Junior College Relays Committee for directional signs and banners. City Clerk Flotten: These banners are requested to be placed in the West Covina Plaza and the Huddle Restaurant in the Eastland Shopping Center from April 21 to 28. They also request the placement of temporary directional signs at both sides of Barranca and Citrus Avenue and San Bernardino Freeway. Motion by Councilman Towner, seconded by Councilman Barnes, and carried, that the request of the Chamber of Commerce on behalf of the Mt. San Antonio'Junior College Relays Committee for the placement of banners and directional signs at the places and for the dates indicated be approved, with the stipulation there be inspection by the City and that the City shall be insured against any possible liability, in accordance with prior custom. It was suggested and noted that the City Clerk shall draw up a resolution with respect to Mr. Frank Delay to be presented at the regular meeting of Council on April 24th. Mayor Heath'called a recess. Council reconvened at 8-.45 P. M. Prior to the hearing on Zone Change No. 178 and Unclassified Use Permit No. 53, Mr. Cairns,representing the Shoe Corporation of America, requested that the hearing on the zone change be kept separate from the hearing on the Use Permit. It was the consensus that this be permitted. ZONE CHANGE NO. 178 LOCATION: Service Avenue, Shoe Corporation of America between Richland and Orange APPROVED Avenues. The Planning Commission recom- mended approval of Reclassification from Zone R-A to Zone C-2 under their Resolution No. 1017 of March 15, 1961. Hearing held over from April 10, 1961 to April 17, 1961. C. C. 4-17-61. ZONE CHANGE NO. 178 - Continued City Clerk Flotten: March 30, 1961, with 47 notices radius on March 29, 1961. Page Twelve Let the record show that Notice of Public Hearing was published in the West Covina Tribune on mailed to those within the 300-foot The resolution of the Planning Commission was read. Mayor Heath opened the public hearing and stated that all those desiring to present testimony on this matter should be sworn in by the City Clerk. Mr. James Cairns I am Vice -President of the Shoe 535 S. Broadway Corporation of America, which Los Angeles maintains a fully staffed office at the address indicated. We are here, really, on two matters as brought out, the zone change and the Unclassified Use Permit, and I appreciate the fact that you have seen fit to honor my request and separate these two items, and I shall direct my remarks to the zone change at this time, and would call your attention to a number of factors, some of which may already be familiar to you because of our having presented them to your Planning Commission. In order to.conserve your time, we are going to make this as brief as possible, and be consistent with a full statement of facts, and we will be happy to answer any questions by Council or staff during our testimony or after it. With your permission, I so I will speak and then come back in again. Mr. John Roche 4818 Bonview Avenue Los Angeles would like to break this up.a little bit, my associates will speak, and then I will who are a little shy in introducing I have appeared before this body many times in the past for many different reasons. In this particular case, I wanted to introduce the people themselves. When this property was announced as being sold and as represent- atives of the owners of the property, we had rumors there would be a shoe factory here in our midst, and I would refute that and explain who these people are. The Shoe Corporation of America are a very substantial national organization of real substance. These people have the means to go through with the plans to develop a beautiful center in here. I had many propositions made to me in the past six or eight years and turned them all down because I did not feel there were any offers we would want to be associated with, and when these gentle- men came in, we made an extensive examination of their record and financial background, and I can assure you that there will be something here that you will be proud to have and will develop into the kind of operation they want to do. This is all I can say so far as we are concerned. Whether the Council desires to bring the Shoe Corporation of America in or not,.I do not know, but Iam sure that when they see the plans for this facility and what it will do for the City from the standpoint of taxation and employment, I am sure they will be interested in what these people have to offer. C. C. 4-17-61 Page Thirteen ZONE CHANGE NO. 178 - Continued Mr. Cairns: The Shoe Corporation of America is not a generally well known • name as its operations are con- ducted under a variety of different trade names, but it is well established and'a stable organization. There are statements for the year of 1960, which were not available to the Planning Com- mission, which indicate sales in excess of 200 million dollars. A more interesting fact by the same statements, is that we have a ratio of current assets and current liability of slightly better than 3 to 1. This is a common yardstick to measure soundness of a .business enterprise and a ratio of 3 to 1 is quite above the aver- age. The Shoe Corporation operation is nationwide and international. Its interests cover plastic manufacturing, department store(s), shoe manufacturing and retailing, plus other activities. We have done business with the Security First National and Bank of America in Southern California, Irving Trust Company in New York, and the Bank of Belgium in Europe. Our company operates a department store on the east coast which is so well accepted by the public that they wanted to expand that facet of their operation. After an intense survey based on the experience of 1000 retail sites, it was con- cluded that West Covina was the most suitable area for,this ex- pansion, and that the property south of Service and between Orange and Richland is the best location in the City for that operation. The principle question to be determined in a site selection is whether or not the installation is needed and we have learned the hard way. If the installation is needed, the public will welcome us and we will be successful. If it is not needed, we will be ig- nored by the public and our operation will be unsuccessful. We have applied that test in this case, and feel there is a need for a full line department store that we plan to operate. In support of this conclusion, we gained the economic facts which were made by a well known economic analyst. This mad is familiar to all of you so far as the geography is concerned. Some of the figures indicated may not be familiar, since they are not public, but are available by purchase from the.Bureau of Census. They are the figures that I am about to give and which are taken from the recent census figures and show a very interesting thing which I think provides more than adequate economic justification for this requested situation we have under discussion now. Referring to the map, the star,is a bit over -sized, but it is the location of the City. The red area is roughly 5 miles. The reason it is not a circle is that instead of doing that, it actually follows the census districts so these are accurate by census district and not somebody's guess or estimate. The red area is roughly 5 miles from the star and has a 266,682 popu- lation. The secondary area, the white area, the part outside the heavy black line and the red area is roughly a 10 mile radius. In that area between the red and black line are 351,299 people. You have a total within the black line of 617,911. We feel that we are not going too far in going to a 10 mile area in this type of operation, as it is of sufficient drawing power to attract people from that distance in reasonable numbers and a greater distance in smalletr numbers. Ca C. 4-17-61 Page Fourteen ZONE CHANGE NO. 178 - Continued Mr. Cairns - Continued-, I think you would be interested in knowing about the age groups in this very large figure of 617,000, because it is well known, particularly in the retail business, that young families are in the market for many more things than older people. In percent- ages, 45% are under 18 years of age, 14% under 5 years old, and only 2.6 are 65 years of age or over. This leaves a group in between 18 and 65, but the group which makes this interesting is the 45% under 18 years of age. I would mention something about the dwelling unit values. I will relate this to the population and age groups with relation to the purchasing power available. I mention this not because it is particularly significant, but from the point of view of civic pride. In the West Covina the media value of all dwelling units is $17,300. In the primary area, it is $14,200 and the secondary area, it is $16,500, so you can see you all live pretty good in West Covina than other areas included in the map. The purchasing power of this very large population can be estim- ated quite accurately by utilizing factors of average home value and the young residents here. The development proposed is a full line department store invest- ment in the amount of 3-1/2 million. There will be a local pay- roll in excess of one million annually, with employment of approximately 200 people. The City shares in the sales tax on an estimated volume or 15 or 20 million dollars. The Shoe Corporation will pay for off -site improvements as dis- cussed at the Commission, and many were made regarding their approval of the zoning and precise plan. Among other things, subject to the satisfactory accomplishing of necessary legal aspects, improvements will be removed from Lang, Sawyer and Ebony up to the boundary under discussion. There will be a wall along the south boundary of the property and a 10-foot planter strip adjacent to the north face of that wall. We will obtain a competent lighting engineer so that lighting will not add to the discomfort of the residences to the south. We are interested in creating an integrated area and have made the buildings with regard to other structures in the area and to harmonize with the already existing buildings. Mr. Sadler of Tucker, We have designed this use to Sadler and Bennett integrate well with your community and which it will be a part of. From the orig- inal conception of the job Mr. Cairns and his associates stipu- lated the design had to be compatible and related to the civic center area, and we feel that the design does -so. So far as site improvements are concerned, we have noted the closing of the adjoining streets located in the residential area, that, and the location of the planting strip 10 feet and wall 6 feet high, and trees to act as a buffer between. This isn't new and has been done in many other cities such as San Francisco and the eastern part of the United States quite successfully. With the help of Mr. Joseph, this is brought even further, as well as other ideas, which will certainly aid the development. C. C. 4-17-61 Page Fifteen ZONE CHANGE NO. 178 - Continued Mr. Sadler - Continued: • The planting stri is located between the proposed structure and the residential--U feet between --so it is a good baffle area. Around the perimeter of the basic property is a planting strip completely around it, an earth mound. You do not get the detri- ment from the cars and it cuts down lights and breaks up land- scaping. It is quite a;hardship on the owners in the sense of the property being extremely expens�ve, but it.will help the development. Along Service Avenue, because it adjoins the civic area, there will be a full 10-foot planting strip with a barricade of high trees prevailing between the two. So far as the buildings, there are three: the main building, landscape and plant nursery area of a pavilion type, and the automotive service center. We have located the building off to the right to give a greater visual area between building and library. This is a 120,000 square foot building, and it is better to push it to Cameron as far as possible. Sitting in the center of that area would be pavilion landscaped area. This would have things such as snack bar, umbrellas. It is a light, delicate free area and contains a permanent structure. In the basic store element, we tried to duplicate the materials utilized in the adjoining area.' The facility.does have a service area and to control those and block it from the civic center, we have run the wall up 22 feet high and go back for control and cover of the dock area where the trucks will be and thus elim- inate any sight from the civic center area. We will also have the underground facilities. We feel this isn't a use to be here a few years. It is a long term investment, and the better we do the job, the better this use will be and it is designed to fit in and adapt to your community. Mr. John Gilchrist: this transaction both the owners chasers. Our position in this trans- action is completely object- ive. We have represented in of the property and the pur- Last fall Mr. Cairns called our company and explained the problem of coming to the coabt with an operation of theirs that is a highly successful department store operation that they have in the east. They asked our company to review the California mar- ket and make recommendations to them to locate a store of this type. We looked in various areas, such other areas we thought might be of interest. After making an analysis of our own, we felt the most logical site for this development was in West Covina. We had reviewed properties throughout California, and a number`in this area, and finally settled on the area for this zoning from the standpoint of road pattern and distribution of population, it was best suited for the use in mind. With this we worked with the property owners in a satisfactory transaction for purchasers and that is the reason we have come to the Com- mission and Council to see if this property could be adapted for zoning to this use. C. C. 4-17-61 Page Sixteen ZONE CHANGE NO. 178 - Continued Mr. John Gilchrist - Continued: Before the Commission hearing, we went into the neighborhood and talked to as many property owners personally as we could reach. We showed them at that time smaller reproductions of the exhibi- tions you have had before you tonight. We went in on the theory that we wanted them to know what the developers were actually asking for and not to get this by rumors and we found very little opposition. In fact, there was no opposition, a few with questions, but no opposition. A number of people at that time offered their assi►gtance if they could do so in any way. The Commission approved portions of this plan and disapproved certain portions. We went back at a later date and asked the property owners who we had talked to previously to give us the help previously offered in that we circulated petitions in person and asked for their sup- port of it. Mr. Gilchrist read the petitions and presented it for the record. There were four petitions, all reciting the same thing and have been signed by approximately 40 property owners within the area. It is my understanding, however, that since these were signed there are one or two property owners who have changed their minds. I do not know who they are or the reasons for doing so. This map will show the parcels outlined in red of the property owners who signed this.petition and which we have placed for the record. In our professional opinion, we think the property selected here is ideally suited for the project planned by the applicant. Mr. Harold L. Johnson Inasmuch as I have been accused Civil Engineer of being too loquacious, and I Covina am at the back end of this presentation, I will read my notes. For the past year.or-;_;two.years, I have been primarily before the Planning Commission more than you (Council) in a series of pre- sentations to persuade and justify the need for commercial and other type of zoning in this particular area. I will not go through that testimony, but ask this Council to accept that test- imony in this hearing relating to the Sugar property, Hatheock, and the First Federal Savings properties and now this property. One more poinVon zoning. The presentation so far has been to justify the economics and need of the situation and operation, and the fact that there is adequate support to maintain same. Now to establish the highest and best use of the property, I would indicate some points. The property lies adjacent to on the east and west, areas already commercially zoned and professional use properties. On the north is the civiccenter and these uses along with the future traffic pattern of the City of West Covina, including therein the present traffic pattern, make this propertyunbuitable for single family C. C. 4-17-61 Page Seventeen ZONE CHANGE NO. 178 - Continued Harold L. Johnson - Continued-. residences. The Commercial influence makes it suitable for com- mercial zoning. The development around proves this theory to be correct and already you have zoned and permitted these uses. However, due to the fact.that.Cameron Avenue divides the property, leaving 295 feet on the southwest of it, this property owner has submitted in his.application a request for R-3 zoning, not for multiple housing, but for buffering his own property in greater depth. Mr. Cairns described the wall and told of landscaping to protect the property owners to the south and closing of streets, but the long strip will certainly remove any adverse developments whatsoever, due to a commercial operation. In addition, the fact there is a willing buyer and seller from real estate, as well as legal point of view, indicates this is the highest and best use of the property. With respect to traffic, I have filed with the Planning Commission and I will file with the Council, a map that shows existing traffic counts in the area based on traffic counts back as far as the City first set up traffic count data and maps, as well as counts, regis- tered by the Division of Highway on the San Bernardino Freeway. In this is projected traffic counts for 1980 which are copies of the City's records and County records formerly filed and approved by your body and with the State of California, County and your projection of future traffic needs under proper resolutions. This site is conveniently located to disperse this traffic in the best manner, and the least congestion to the property owners and the City of West Covina, as we can readily see. The building is on the northerly parcel and all four sides will have their highways on which traffic can be carried and can permit right-hand turns in preference to left-hand turn conflicts. The projection for Cameron Avenue which was the sixth most important highway across the valley, was determined by the East San Gabriel Planning Com- mittee and the engineer groups, but it is also the natural access to the major business area of the City, and that is a very desir- able thing. Vincent Avenue has been a plug, Glendora Avenue is cut off at the freeway and no longer serves as access to our central business district. I say this property has all the advan- tages of the local street pattern and can develop to the best interests of the City and traffic can get through and get out of there and yet be a logical entrance from the west to the cen- tral business district and City. IN OPPOSITION Mr. R. McCormick I am across the street from '1724 W. Sawyer Avenue this, and my house is backing to this.property. I have no real objections to the depart- ment store, but I do have questions. I would suggest Council adhere strictly to the suggestions of the Planning Commission on the buffer wall and planting, so as to give protection for our homes, which is something we definitely need. I would ask what kind of department store this is. It was stated it was a cross between The Broadway and Sears, which is a pretty broad set of terms. To my knowledge, no one has been able to find out exactly what this is but a department store handling everything. Is the drug part of it a complete pharmacy? The grocery store, is that complete? CJ C. C. 4-17-61_ Page Eighteen ZONE CHANGE NO. 178 - Continued Mr. R. McCormick - Continued° They also stated they had experience with department store use .,back east and have been in operation for some time, I went down to the public library in Los'Angeles and looked up everything I could find on this applicant. The most recent report was for 1959, and it didn't list any department store that they owned. I did find out it was a very large outfit. It also indicated shoe stores leased in large department stores, but nothing on a department store they are in. City Clerk Flotten read a communication from R. A. McHenry of 829 S. Lang Avenue, stating the signing of a petition presented April 23 with the understanding it was for an automotive service center, but now learned it was a gasoline service station, and that the desire,is to withdraw the signature from approval peti- tion with the feeling perhaps others would also do if they had been informed of the actual use. IN REBUTTAL Mr. Cairns-. has been in operation for that time, but we bought running it are a part of partment store experience The store in the east is the Wilmington Dry Goods Store in Wilmington, Delaware, which about 40 years. We haven't owned it for it and bought the people and the people, our corporation, so they have had de - of many years. We operate a shoe department in R. H. Macy and Company, Higbee's and a number of other department stores from coast to coast, so that we have knowledge of department store business from two angles. We have actually operated independent stores for many years and have as a part of our corporation the personnel who have successfully operated a store for many years. The man who started this 40 years ago is now a vice-president in our corpor- ation. We are completely in accord with the requests regarding walls, buffer strips and planting and have it already incorporated in the directive to our architects in that the suggestions made by the Planning Commission are expected to be followed completely. We have branded lines of merchandise, such things as Manhattan shirts, Esquire hose, and also standard brands of electrical items such as G. E., Westinghouse, etc. The question wasn't asked, but I know it is in the back of peoples' minds, so I will say that this is not a discount store in the sense that many discount stores are so classified. We have learned that you have to be adaptable. We do not sell the same merchandise in stores, say, in San Francisco on Mission that we sell in the Stonestown Shopping Center. We sell what the people want, and we can't sell them what they don't want. There being no further testimony, the hearing was declared closed. Councilman Barnes° What is the estimate for the 1980 traffic count on Cameron Avenue? c. c. 4-17-61 Page Nineteen ZONE CHANGE NO. 178 --Continued Mr..J.ohnson: The recent estimate I have on Cameron for 1980 are two esti- mates prepared by the County. One is for 10,000 cars per day in the vicinity of Cortez and Barranca on the west side near the City Boundary. On the east, .taking into cognizance the Grand Avenue situation, they have about 20,000. The City of West Covina did not submit in its SCR an estimate to the northwest, but the present count on Pacific Avenue is that the traffic count is 4035. Councilman Barnes: How do we propose, with this street carrying this much traffic, to get the walking trade across from the parking lot on the south side of Cameron, which is R-3 for parking area, to the store area? Mr. Johnson: This has been discussed, and when you say "how", we propose to answer with what we recom- mend to the client. As soon as the store is open and Cameron fin- ally is put through, and that includes the bridge connection across the City entirely, traffic signals will be necessary at Sunset and Service, Sunset and Cameron, Orange and Cameron, and possibly at Service and Orange, although I would qualify that. By 1980, you are.going to have to have signals at Richland and Cameron, I think, but for the next five or ten years traffic flow will be such that only a small number of signals.will be required and be adoquate to take care of the pedestrian crossing from the parking lot. It has been proposed by your staff, and is still under consideration by the applicant, of possibly a pedestrian crossing located between the intersection of Richland and Orange. We are not prepared to argue that at the moment, and that is some 900 feet in length, but we would like to think of this as a similarity to downtown Los Angeles and there are many places there 900 feet in length and longer for the pedestrian to cross in. Councilman Barnes: Mr. Johnson: Councilman Snyder: Mr. Johnson: Councilman Towner: Mr. Johnson:. I am wondering if there has been a consideration of an underpass under Cameron from the parking lot? It has been considered and there will be comments on it. Parking to the south, Is that required or excess parking? I would say about two-thirds is excess parking and one-third is required parking. The zone change presently before us extends to the south of Cameron? That is correct. Motion by Councilman Brown, seconded by Councilman Towner, and carried., that Zone Change No. 178 be approved. C. C. 4-17-61 Page Twenty UNCLASSIFIED USE PERMIT NO. 53 LOCATION° Service Avenue, Shoe Corporation of America between Richland and Orange APPROVED Avenues. Planning Commission denied . the request to permit an automotive..service center under their Resolution No. 1018 on March 15, 1961. Appealed by the appli- cant on March 20, 1961. Hearing held over from April 10, 1961 to April 17, 1961. Mayor Heath opened the public hearing. Those desiring to testify had previously been sworn in by the City Clerk relative to the zone change. Mr. Cairns-. Several times in earlier re- marks we have used the phrase, "a full line department store." The modern conception of such a store includes an automotive center as an important and integral part of the development. Best evidence of that is the May Company just east of us and Sears, Roebuck just west of us in E1 Monte. For that reason we appeal the denial of the application.of the use permit by the Planning Commission. We have considered several locations for the automotive center and after lengthy deliberations, we concluded the location now on the board is the most satisfactory from all angles. It is not the location as specified in the original application, but it is on the same piece of land and we have been advised it can be moved around without changing the permit, so long as it is on the same piece of land. It is 150 feet east of Orange on Cameron Avenue. The service center itself extends from that point approx- imately 150 feet from Orange and 180 feet further east. You will note on this drawing a dotted line laid 350 feet from the property line here, and it clearly indicates this automotive center lies beyond the limits described by this 350 feet radius which I understand is the limit beyond which you do not wish any installation of this type to encroach on your civic center area. In discussing the original application, the Commission had some objections, actually four, as I recall them. One was that in the then location, they felt it might create some noise or other objectionable phenomena adjacent to the hospital. I think we can say this objection isn't particularly valid, because the operator of the hospital signed the petition, and I do not think he objected to it. I think our testimony with regard to population answers the charge of lack of presenting an economic necessity. I think Mr. Johnson has discussed the traffic situation and there is obviously a different situation here, as there is no corner involved, it is simply an in and out operation with the location moved as it now is. The fourth objection was simply an established precedent in regard to three previous denials for service station use. But I think it is reasonable to point out that these requests were all for separate, individual and typical gas station uses. Ours is dif- ferent. First, it is a vital part of the over all development and is not an individual operation. It is an application for an automotive center and not a gas station in which to get gas- oline in thee-sense'it*will have no grease rack, repair facilities or other objectionable features, it is automotive equipment, accessories and gasoline. C. C. 4-17-61 Page Twenty-one UNCLASSIFIED USE PERMIT NO. 53 - Continued Mr. Cairns - Continued: • Most.important is the design and appearance. It will most defin- itely not be the deep bright color that is conspicuous in gas stations with which we are all familiar. Mr. Sadler:. As mentioned, our concept of the service or.automoti#e center is different from that which we are all familiar with. Most service station areas, in the sense of real service stations, are quite high, some 13 or 14 feet, and are in unsightly bright colors, with lights and bells. In this facility, we have used the material that will be an integral part of our store and brought the height of that facility down so that it.will only be about 9 feet high, almost a residential type of thing, and open in appearance, easy and free so fumes will go up and not out. Tires are inside building until they leave, and everything is contained within the center block that you see here. There is some slight elevation possible here in order to raise cars to put on tires, but that is all. We are more than happy to work with your Planning Commission and Planning Department if they are not pleased with this design, but it is an integral part of our business, and we feel that we can adapt this with all other facilities and come up with something that you would not find objectionable in any way. We did, in order to go one step further, create a planting strip along the center of the parking area proper, so that from the civic center area I doubt if you could see the unit at all with the type and way the planting is proposed. Mr. Johnsono The two previous speakers dealt with the ultimate location. Before I speak on the appeal application, I understand you had a little nursery rhyme the last meeting about pigs and the wolf, and I would make another comparison, but I am doing it for emphasis and not to be facetious. The Planning Commission Minutes indicate the service station requests were turned down three times in this area, but I ask the Council to consider this application as of today and on the basis of an over all integrated operation keeping in mind that Mr. Chamberlain decided he.,wouldn't fight Germany in 1938, but he changed his mind in 1939. It is indicated that to turn down three service stations constitute a precedent, which is a very bad thing, because situations change, and I think we have a change here today. I am not going to stand before you and propose a service station at Orange and Service Avenues, bearing in mind you do not want service centers, but I can't see why an automo- tive center can't be designed when it is part of the entire owner- ship and under the control of the owner to compliment and be a part of the architect's design and planning to the use to which it is adjacent. I think that you can drive in other California areas and find this is so".in Palo Alto, Ojai, Rancho Santa Fe, and other places. You have the owner who can keep control and do away with all the things you object to in a service station, as such. C. C. 4-17-61 Page Twenty-two UNCLASSIFIED USE PERMIT NO. 53 - Continued Mr. Johnson - Continued: • You have in your code, Section 9217.7, regarding civic center, that you claim to have and exercise the power of architectural and landscaping treatment, so then this gives us two controls. Both controls can remove any objectionable factors, in my opin- ion. I want to say into the record, not only does the hospital not object, but I personally interviewed Dr. Gordon, so that state - meet is true. The Planning Commission further, in its objections, referred to the remarks in that "the particular traffic circulation at this corner is one of the most awkward in the City. Traffic from the underpass, freeway off -ramp, freeway on -ramp, frontage road and Service Avenue meet at this one point in a manner which does not lend itself to proper vehicular movement. The application pro- poses four driveways serving the station, which may very well Add to the confusion<" This may be true, in degree. However, it is not the province of subject applicant to correct what I call a monstrosity designed by a public agency because he hap- pens to apply for the site and wants to develop this property. The very fact that you have an applicant here who will bring substantial money to the City and develop this property will give you leverage with the State to possibly correct that inter- change. This will assist you rather than hinder you. The cre- ating of traffic isn't the problem at Orange and Service. It is the responsibility of that agency and an issue with the City staff, and the applicant can cooperate with you. He has also provided extra facilities for off -site parking to remove cars from the street and with the widths of the streets as required, and the prohibiting -of curb parking, and the num- ber of lanes that can be placed on there with proper signal- ization, a street such as Cameron can carry 50 to 60,000 cars, provided the rest of Cameron Avenue is designed and the rest of the central business district is designed to carry it. IN OPPOSITION Mrs. L. Beauchain If this use permit is granted 1720 Sawyer for this gas station, and I call it a gas station regard- less of what they do or say it is, I do not feel it would be an asset to the civic center or neighbors being so close. I am familiar with Sears, and I do not like it and know their automotive service area well. I am also familiar with the May Company and like it very well, and although they may have an automotive service center, it is minus pumps and it does real well. Mrs. JoAnn McCormick I am opposed to the automotive 1724 Sawyer center, and say it is only a service station, too, so long as they serve gasoline. I live in an area where I will be looking directly at this no matter what window I look out from, and even though they say it will be beautified; it will be detrimental so far as my home. c. c. 4-17-61 UNCLASSIFIED USE PERMIT NO. 53 - Continued M`rs. JoAnn McCormick - Continued-, . I do not feel the I do not see why coming in nor why 1 Mr. McCormick 1724.Sawyer civic center area should have this is necessary with such a they feel they would have to this civic center area switched other, and now finally it would really develop, and I can't see station, having gasoline pumps, Page Twenty-three such a use, and substantial group need it. I oppose this service center in the area and do not.see why we need it here. I have lived here 20 years and have seen from one side of Garvey to the seem we are going to see something the need of this type of a service is necessary here. Anyone connected with a gas station knows the income from the pump is really hot much, and the May Company has no pumps, just an auto- motive service area. It was mentioned the fumes would go straight up, and I beg to dif- fer with this statement. I am an employee for the gas company, and we get many calls that there is a major gas leak somewhere in an area and have to investigate it, only to find, many, many times, that it is just a gasoline truck filling the pumps, and the fumes do not go straight up, they come down and you smell it, This circulated petition is a real sore spot with me. They state they attempted to contact all the home owners. Toe greatest amount of people in West Covina work between 8 and 5, and this was circu- lated during these hours, and not in the hours that people do not work, and probably only women signed it. They stated possibly only one or two people have changed their minds, but this is an understatement. I went around myself and received many comments against it, and I believe that anyone that stated they wanted a gas station is certainly not correct. They may not object to it, but they certainly do not want it. I talked to a man on the street, and he feels that within probably five years, he can take his property and sell it for $50,000. Another man stated he wanted it developed, no matter what went in, even if it was five out -houses, because he was sick of fighting the dust and dirt caused by this area being open so long. If this use didn't go in, maybe this applicant would not put this use here, that I do not know, but even if they didn't, this prop- erty is valuable, and I am sure if they don't go in, there are plenty of other people just waiting for the opportunity to do SO. IN REBUTTAL Mr., Cairns-, The only two comments I would like to make is in relation to distance of this use and fumes. C. C. 4-17-61• Page Twenty-four UNCLASSIFIED USE.PERMIT NO. 53 - Continued Mr. Cairns - Continued: • I am not insensitive to these things, nobody in Los Angeles is, as we haven't learned to live with these fumes, and they are all around about us, but the comparative absence of them in West Covina is one of its charms. I have talked with the Air Pollution Control Board, although I know this is a controversial opinion with many people, but it was the best authority I could go to for technical information, and asked what they considered to be the range of noxious fumes from any such producing use, and they in- dicated a maximum 100 feet. I would point out that the gentleman protesting lives at least 600 feet and perhaps 700 feet by refer- ence to the map. There being no further testimony, the hearing was declared closed. Councilman Towner: brought up relative to Sawyer can screening. I have a question that may re- solve the procedural problem here. Some of the objections be handled by distances and I think the objections brought up by the Commission can be handled by some changes in the precise plan, but this brings up the pro- cedural -process I have in mind. I would not be adverse to permit a controlled automotive center and service in here, but we need to send it back to the Planning Commission on the precise plan so that they can get this thing precisely located to resolve the problems of distance, screening, etc. City Manager Aiassao plan as part of the precise plan. Councilman Brown: City Manager Aiassa: Councilman Towner: It would require a new appli- cation for the use permit and an amendment to the precise No new Use Permit. You are changing the location. This use permit probably covers certain lines, and there is notice for that. City Manager Aiassao The first problem is that if Council feels the precise plan is fine except for this use permit location, it has to go back to the City Planning Com- mission as an amendment to the precise plan No. 1. Councilman Brown: The precise plan doesn't take effect even if it hasn't been before Council until the prop- erty has firm zoning on it, so we don't have to send this back -- the precise plan --arid the use permit is still open, and they do not have to repeat. Councilman Snyder: The use permit is governed by the property legally described. Councilman Brown: Still it has no bearing until the zoning is firmed. C. C. 4-17-61 Page Twenty-five UNCLASSIFIED'USE'PERMIT NO. 53 - Continued City Manager Aiassa; Zoning ordinance authorizes - service station under an Un- • Classified Use Permit, except in C-3 zone. Mayor Heath: Does this mean if you have a piece of property and show an automotive center or gas station in one center, and it is just moved to a different location in the same area under consideration, it has to go back to the Commission for review? City Manager Aiassa: Yes, according to the precise plan ordinance. Mr. Joseph: Service stations are now only permitted by right in C-3 and a use permit is required for them to go in C=1 or C-2 zones. There are two other ways. If the legal description read for a certain location that is pending before the Council tonight, the Council could request the Plan- ning Commission for a recommendation and report on proper controls as in the application. If, on the other hand, the Council wanted to suggest to the applicant and Planning Commission that the prop- erty or site be moved and it is not covered under the legal des- cription, they would have to re -notify on the application. Councilman Brown: On the interpretation from the City Attorney any time Council requires something be removed from one location to another, it is initiated by the City and it is not the applicant's responsibility to re -file. Councilman Barnes: It was stated by Mr. Cairns that he would be willing to move this -automotive center to this other location, and if we feel this is much better, we should send it back to the Planning Commission, because they turned the prior location down, and this is an entirely different location than they viewed in the first place, and they should have the oppor- tunity to look at it. Councilman Browne We recommend what we want to them. Mr. Cairns: I do not think that is exactly what I said, although it was the general intent. I said th6t we would do either one, and actually, this is a facto If you would reverse the Planning Commission decision, we would go on the corner, but if you feel the Cameron Avenue location is better, we would be happy to go there. Councilman Snyder: I understood you preferred the Cameron location. Mr. Cairns: I think either location is good, but either one would probably get a 3 to 2 vote. Personally, I like the Cameron Avenue site, while others in the organization prefer the other. C. C. 4-17-61 Page Twenty-six UNCLASSIFIED USE PERMIT NO. 53 - Continued Councilman Snyder: Evidently, Mr. Johnson prefers the Service Avenue location on the present street pattern, re- gardless of what the interchange will do. You can only recommend the interchange. You can't guarantee you will get what you want. Mr. Johnson: The last part of your statement I could see regarding the inter- change. The only answer I can give you is that I think it is more logical to place it at Service from an engineering point of view than at Cameron. I do not know where the interchange will go in the future, and I do not believe it is the applicant's responsibility to determine that. Councilman Snyder: Mr. Johnson: City'Manager Aiassa: Unclassified Use Permit as filed if Council wants to relocate it schematic design on the site as that is another matter. I agree, but it might make'a difference in the operation. Yes, but so it might at Cameron` if interchange is changed, I think we have two questions to resolve. Council wants to review the application for at Service and Orange. Number 2, on Cameron Avenue, as shown on the an amendment to the precise plan, If you want to review the application as now filed, which is di- rectly appealed on the same basis and location as it was denied by the Planning Commission, which is the case before you, but if you desire to make an alternate change and place the use only on Cameron, you have another element to consider. Councilman Brown: This is nothing more than new evidence, and Council can do whatever they want with it -- overrule the Planning Commission, do whatever they want with it and put it on Cameron Avenue. This should be clear if we send it back in that respect to the Planning Commission. Councilman Towner: We have a present application before us which has a legal description of property to which it applies. I do not think we can change that unless there is an amendment to the application to shift it to the other lo- cation, unless this application also applies to the new location on Cameron. I think we have an ordinance which requires referral back to the Commission if the precise plan is materially changed, and which is contemplated here and that it should go back to the Commission. As a further point, there are problems here relative to gas pumps. Maybe if the Commission looks at it, they might want to suggest a limitation on the gas pumps, something they feel is more reason- able and acceptable, with no probability of this being overdone. C. C. 4-17-61 Page Twenty-seven UNCLASSIFIED USE PERMIT NO. 53 - Continued Councilman Towner - Continued: They might desire to review setback and landscaping. I think it should be moved to the Cameron site and further, that a use permit is appropriate under these circumstances in comparison to the full line operation here as compared to the other applica tions and with proper restrictions, we can amend this.plan satis- factorily to cover the use indicated. Councilman Snyder: Is there �a description of a certain area of property for this use on -.the west? Mr. Johnson: It points out the location of the area on the plan, the dimensions on the corner. Councilman Snyder: I think, too, this should be sent back to the Planning Commission. Time was called to telephone the City Attorney -and confer with him on the proper legal aspects of this matter. Mayor Heath: We have conferred with our attorney and.his statement is that, since the legal. des- cription places this application for an unclassified use permit in one particular spot, we cannot arbitrarily move this location and approve it. If the location is -changed, there must be a refiling. The Council now has certain alternatives. One is to approve the plan the way it is at present and indicate to the property owners that they (Council) would like very much to see the location moved and the property owner then, if they were in agreement, would be required to refile for it in the new location. We can deny it or... Councilman Towner: We can grant it where we want it to be, but that would be illegal and there would then be a question of improper notification relative to necessary hearing. Councilman Brown: If it was re -submitted, it would only necessarily have to be heard at the Planning Commission level. Councilman Brown: What hours is this gas station to be open? Mr. Cairns-. The same as the store. • C. C. 4=17-61 UNCLASSIFIED USE PERMIT NO. 53 - Continued Councilman Browns Mr. Cairns: Councilman Browns Page Twenty-eight Only open the hours the store is open? That is right. You would run it as an automo- tive center in connectign.with the store and not as a gas station site? Mr. Cairns: That is correct, exactly. Councilman Snyder: It is just as difficult to understand why they would want to put this at Service and Orange, because when Cameron is finished, it will be a main thoroughfare from all indications, and more people will be passing to and from work there than ever pass by the other corner, and I feel if it is put at Service, they might be disappointed that they had and would wish they had placed this on Cameron. I feel Cam- eron is the better location. Mayor Heath: prefer to see it on Cameron. Councilman Towner: It is a point well taken and an opinion voiced by a number of people on the Council. I would I agree, too, it would be more properly located at Cameron, and then the precise plan amended accordingly. I am wondering if the applicant could give us some idea whether he would be penalized too much time -wise to file a new use 'permit for the other location and have it go to the Commission, which, according to our City Attorney, can give final approval. Mayor Heath: You might also ask if this is approved at this location to permit him to get started, would he re -file for the relocation. Councilman Towner: However, I think the other is a more sound alternative from the standpoint that once this would be granted, they have it and can build there. If the pro- cedure suggested is satisfactory, I think all parties would be satisfied. Counci*an Brown: I pointed out to the applicant that in moving the location, no mailing is required, because the only parties within 300 feet is ourselves. Mr. Cairns: Actually, we would like to do whatever would make.it pos- sible to get underway at the earliest possible time, and if I can express an opinion, I would like to say what looks to me like the most feasible way from our point of view. I am not trying to put words in your mouths, but 0 C, C. 4-17-61 Page Twenty-nine UNCLASSIFIED USE PERMIT NO. 53 - Continued MR. Cairns - Continued; • if you approve the application we now have, we will give your undertaking verbal or written commitment and file a new one (use permit) at the Cameron location tomorrow, and that is the one we will follow on the assumption that you have approved this one, you will approve the Cameron location. This would enable us to .overcome what apparently is about four weeks, and these weeks as they go by each one becomes more of a problem to us, since we have a lot of people involved in this thing who are wondering what is ,going on. Councilman Barnes: I am in sympathy with the appli- cant and feel we should do this as expediently as possible, but I do feel we should give the Planning Commission an opportunity to go over this new location for buffering, landscaping and all they go through, which helps the Council in their thinking and I think we should have the benefit of their thinking on this bhaiigeb Councilman Towner: That would be our intent and would be accomplished if we accept their thinking in this case. Councilman Snyder: Does this affect the main lo- cation of the store? Mr. Cairns: No, it doesn't, but we can't do anything with the whole package. In fact, one of the requirements set up by the Planning Commission is to do the whole thing at one time. Admittedly, we could catch up with the service station in comparing the main building, but we can't start the main building without the assurance we can go ahead with the automotive center. We can't let the architect continue with the drawings until we are assured we are able to go ahead with the whole package. We will file a new application tomorrow if you can give us that assurance, and we can go ahead and still comply with all the legal requirements. Councilman Snyder: With the new application there must be some provision in it to rescind the previous location., Mayor Heath: Councilman Towner: Councilman Brown.* reading, this one would never take Mr. Johnson: I think that is something that can automatically be done. In other words, we do not want any chance on two gas stations. You would not have final reading on it until this was submitted, and if you never had the final effect. The precise plan is approved subject to the unclassified use permit. • i C. C. 4-17-61 Page Thirty UNCLASS"IFIED'USE PERMIT NO. 53 - Continued Motion by Councilman Brown, seconded by Councilman Towner, and carried, unanimously, that Unclassified Use Permit No. 53 be approved. Councilman Towner: I would like to state for the record that in doing so (ap- proving the Unclassified Use Permit), it is done with the understanding as orally stated by Mr. Cairns on behalf of the applicant that they will immediately file the required action to move the site to the Cameron Avenue location and to have the Precise Plan amended in accordance with the Planning Commission restrictions at that site. GENERAL MATTERS ORAL COMMUNICATIONS Mrs. M. VanDame: and when it was coming up? Is there something on one of the latest agendas about a bond issue; what it was for Mayor Heath.- It is a bond issue of the Recreation and Parks for im- provement of our parks. It is for approximately $800,000 and it will be on a special ballot for the public to vote on it on June 6, 1961. It includes three swimming pools, if the Recreation and Parks get the sanction of the City Council. Mr. D. Cunningham: Mr. Cushing and a Mr. Nolly after you to hear what Mr. Nolly has to I believe, were similar, but he is is. About an hour ago you heard the matter of Mr. Kline's application. I spoke to a that hearing, and I would like say. Mr. Cushing's feelings, not present now, but Mr. Nolly Mr. Nolly: I am speaking only as a home- owner and nothing else, and all my testimony is open and nothing else than voluntary. I think that the communications with the homeowners were not presented correctly, in that they couldn't make proper decisions in buffer zone and I was definitely opposed to this use. However, as I was walking out of the build- ing, I do not know whether I was elated about the decision or not elated. I was on the opposition, but the problem of property abutting my property becomes a future problem. I talked with Mr. Kline and Mr. Cunningham, and it was felt that the commun- ications, perhaps, were the problem in the whole thing, and that if we all get our heads together, maybe things could be worked out and without the hassle that has been going on here. They asked me what was the proper buffering zone, and so longg as it was as large as one of the lots adjoining the property, 78 feet, it might seem adequate. This way it would have lights facing the other way, which they were in agreement with, and with proper landscaping, etc., it might be all right. This is only C. C. 4-17-61 Mr. Nolly - Continued: my opinion, and I am very concerned • this lot, and I want something nice, buffer zone, it would be nice enough value. Page Thirty-one with what is going over in and if the 78 feet was to warrant my property I do not think the opposition would have been as heavy as it was in lieu of this testimony, but the hearing was closed and there was little more to be said or discussed afterward. Mayor Heath: Do you feel there are others who share the same feelings as you do? Mr. Nolly: I think so, and if we could get our heads together and get proper communication, I think there might be many others who would feel the same that I do. Councilman Snyder: According to the deadline they set up, there is no time to go back and get the buffering approved that is suggested. Mr. Nolly: I am not aware of that, but if there were proper commun- ications, I do not think there would have been as much opposition to this. If the proper information had been known at the start, I am sure things might have been different, and not as much objection. Mr. Cunningham.- If Council would see fit to reconsider the disapproval and refer it back to the Planning Commission, this time schedule can be set ahead two weeks. Mr. Cushing also felt that the opposition would be nar- rowed considerably with a second plot plan presented to you and which the Commission hadn't even seen. We will run blueprints and submit them to the people there and bring the matter back to you, and if the objections are still there, you can turn it down, but if, in any way, it could be saved, we would appreciate it and work with Mr. Nolly and Mr. Cushing. Mayor Heath: This can be done if Council sees fit to do so. According to Roberts Rule of Order, anyone of the majority group has a right to reconsider their vote at any time as long as it is within the same meeting and we operate under those rules of order. Councilman Snyder: Councilman Barnes: I have no wish to reconsiders Neither do I. Councilman Towner: I think about all this does is arouse in me that it was properly filed in the first place. I do not see how we can do this unless we start all over again and hold all your hearings. C. C. 4-17-61 Page Thirty-two Councilman Towner - Continued: It was not just the precise plan on which I based my decision, although the precise plan was certainly the most material factor . in my mind, but there were other considerations involved in my decision and because of the unwillingness of the others to with- draw or reconsider their vote, I will also abide with my decision and let it stand. CITY MANAGER REPORTS City Manager Aiassa: Council adopted an ordinance in April, 1960, requiring service stations in Unclass- ified Use Permit except for C-3 and removing it from other "C" zones. In view of this, I think the City Attorney has a letter from one of the applicants who has a problem pertaining to this zoning question. There are seven precise plans involved. This map outlines them and that by adoption of this Unclassified Use Permit for. service station, most of those will be eliminated. We need action on this from Council which the City Attorney has dictated. Motion by Councilman Brown, seconded by Councilman Barnes, and carried, that, notwithstanding the amendment of April, 196o, requiring an Unclassified Use Permit for a service station in the C-1 or C-2 zones, any owner or applicant who had a precise plan for a service station approved before April, 1960, in a zone in which a service station was then permitted, may proceed with the construction and use of the service station without obtaining an Unclassified Use Permit if he has made a dedication or im- provement for public benefit in reliance on the precise plan and that a building permit may be issued therefor. City Manager Aiassa: FOREST LAWN RESTRAINING ORDER We will acknowledge this action to the Planning Com- mission advising them of this, To be heard April 26, at 9:3o A. M. in Room 65 of the Los Angeles Superior Court. STREET NAME CHANGE This matter had been brought up quite some time ago, and copies of the report have been provided the Council. However, we now have one area in particular in the new Annexation No. 165 in'which there is conflict relative to Arroyo Avenue and Garvey Avenue and Garvey Avenue ends up in Monte Verde and Arroyo takes off from Garvey and known by that name. There has never been any action in the matter of street name changes and Council should possibly consider this in the near future, perhaps in a work session, so that we can get the facts to you and possible action taken. There is also the matter of Project C-96, Metes and Bounds Sub- division No. 135-122. A report was presented to you on February 24 of this year, and this is also pending,.and we can't give this man any answer for improvement on Irwindale. • i C. Co 4-17-61 PROdECT.NO. C-96 - Continued Page Thirty-three Councilman Barnes: He was willing to put in im- provements on his portion? City.Manager Aiassad Yes, and the report was very complete to you. The summary indicated that if the Council intends to keep their present policy in this area, which is not to widen Irwindale Avenue at this time, it would be recommended that Parcels 8 and 9 be combined in one project, which widening would cost the City approximately $800.00, and for the following reasons that it affords Mr. Reif a chance to develop his property to full width at this time, since he has waited some five years to improve it, and the improvements of these two parcels would widen the intersection of Rowland at this location and thus elim- inate a traffic -problem for southbound traffic on Irwindale making left turns onto Rowland Avenue. Motion by Councilman Towner, seconded by Councilman Barnes, that the City Manager be authorized to negotiate this improvement with the property owners participation and direct the City Engineer to proceed with specifications. Motion passed on roll call as follows-, Ayes-, Councilmen Brown, Towner, Barnes, Snyder, Mayor Heath Noes-, None Absent-, None SENATE BILLS City Manager Aiassa-, We have many coming through, and I do not believe there is oppor- tunity to present all of them, but there is one which possibly should be called to your attention. This is S. B. No. 694, which is in relation to special disability retirement privileges for firemen and policemen. I feel this should be protested on the grounds and position that we should not let certain agencies go out for special privileges. Council indicated a protest be registered, possibly prepare a letter of opposition for the mayor to sign. There being no further business, motion by Councilman Brown, seconded by Councilman Towner, and carried, that the meeting be adjourned at 11-,25 P. M. ATTEST: City Clerk APPROVED MAYOR