1. The floor was opened for review and approval of the minutes of December 18, 2013 with a motion of approval by Commissioner Amador.

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1 IRWINDALE COUNCIL CHAMBER 5050 N. IRWINDALE AVENUE IRWINDALE, CALIFORNIA WEDNESDAY 6:30 P.M. The Irwindale PLANNING COMMISSION met in a regular session at the above time and place ROLL CALL: Present: Commissioner Rosemary Martinez; Doloras Amador; Robert E. Hartman; Vice-Chair Richard Chico; Chair Arthur R. Tapia Also present: Gustavo Romo, Community Development Director; Pam Lee, Assistant City Attorney; William Tam, Director of Public Works/City Engineer; Paula Kelly, Senior Planner; Brandi Jones, Associate Planner; Jeff Tyler, Planning Intern; Cathy Huicochea, Administrative Secretary SPONTANEOUS COMMUNICATIONS There were no Spontaneous Communications to report. 1. CONSENT CALENDAR A. APPROVAL OF MINUTES 1. The floor was opened for review and approval of the minutes of December 18, 2013 with a motion of approval by. Abstain: Vice-Chair Chico, Commissioner Hartman, Vice-Chair Chico, Chair Tapia Commissioner Martinez 2. The floor was opened for review and approval of the minutes of January 15, 2014 with a motion of approval by. Commissioner Martinez Commissioner Martinez,, Commissioner Hartman, Vice-Chair Chico, Chair Tapia 2. NEW BUSINESS There were no New Business items to report. 3. OLD BUSINESS There were no Old Business items to report. 4. PUBLIC HEARINGS A. CONDITIONAL USE PERMIT NO (ANGEL'S CONCRETE) Associate Planner Jones reported that this is a request to allow for the operation of a temporary, portable batching plant for a maximum of two (2) years with no extensions, located at Live Oak Lane in the M-2 (Heavy Manufacturing) zone. Since the time of the November 20, 2013 meeting, staff has continued to work with the Applicant who has submitted updated plans which are being reviewed for completeness. The Applicant and

2 PAGE2 property owner have determined that both will occupy the site and both businesses will be addressed in the CUP request. Staff completed the report and recommended that the Planning Commission open the public hearing and continue it to a date in the future. Legal counsel recommended that the public hearing should be continue~ to a specific date. Since there were no inquiries or discussion the public hearing was opened. Seeing no speakers, the floor was opened for a motion. motioned to leave the public hearing open and to continue it to the March 19, 2014 meeting. Commissioner Hartman Commissioner Martinez, Commission Amador~ Commissioner Hartman, Vice-Chair Chico, Chair Tapia B. CONDITIONAL USE PERMIT NO (AA AUTOMOTIVE PERSONNEL) Associate Planner Jones reported that this is a request to allow for the operation of an automotive detailing and minor paint facility for BMW of Monrovia (Project) in an existing 8,000 square foot building located at 4825 Rivergrade Road on a 2.04± acre parcel, which is part of the Hallett Boats property. Staff has conducted site inspections with the property owner, applicant and Code Enforcement and Building and Safety staff. Code Enforcement cases have since been opened with Notices of Violation issued because of the illegal structure on the site. Staff is also continuing to work with all parties to address the Conditions of Approval in question. Staff completed the report and recommended the Planning Commission open the public hearing and continue it to a date in the future, which they agreed should be the March 19th meeting. Since no discussions were held the public hearing was opened. Seeing no speakers, the floor was opened for a motion. Commissioner Hartman motioned to leave the public hearing open and continue it to the March 19, 2014 meeting. Commissioner Hartman Commissioner Martinez, Commission Amador, Commissioner Hartman, Vice-Chair Chico, Chair Tapia C. MODIFICATION NO TO CONDITIONAL USE PERMIT NO (EL MONTE TRUCK DRIVING SCHOOL) Senior Planner Kelly reported that at the December 18, 2013 Planning Commission meeting, staff presented a request by the Applicant to modify four Public Works Department Conditions of Approval for CUP No , which entitles the truck driving school to operate the business located at East Arrow Highway in the M-2 (Heavy Manufacturing) zone. Staff recapped that the Applicant had applied for an extension of the CUP in August 2013 (Modification No to CUP No ). The Planning Commission heard the project on October 16, 2013 and approved it, which included Public Works Conditions of Approval that required the Applicant to make improvements in front of the property in the public right-

3 PAGE3 of-way. Following the October 16, 2013 meeting, the Applicant indicated she was unable to afford the cost of the improvements. The Applicant therefore requested an additional modification to remove the Conditions of Approval for the improvements. At the December 18, 2013 meeting, the Planning Commission determined that the removal of the Conditions of Approval could be set precedent for other projects and requested additional information. from staff and the Applicant. As such, the public hearing was left open and continued to this meeting. Staff provided the following information in response to requests made at the December 18, 2013 meeting with staff's responses in bold: How was the sidewalk in front of the business damaged? It was 1-ikely damaged by the tree roots; Why is staff requesting that the street tree be removed and replaced? Staff intended to state t hat a street tree be planted in an empty planter east of the-driveway; Who is liable in the event someone is injured due to the damaged sidewalk? The City is liable in the event someone is injured; however, Streets & Highway Code Section 5610 requires property owners whose properties abuts public. sidewalks or parkways to maintain those sidewalks and parkways in good condition and repair. Property owners who fail to do so may be liable to the City for the cost of any repairs made by the City; What is the cost--ofcity permits to do the off-site work? The Encroachment Permit Fee (including inspection) is $195; and Estimates for the cost of repairs. Director of Public Works/City Engineer Tam provided an estimate of $3,000 to $3,500, assuming the work will be performed by City staff. A contracting service contacted by staff provided an estimate of $10, and another contractor contacted by the Applicant provided an estimate of $2,650. Public Works Director/City Engineer Tam and Planning staff again reviewed the Applicant's request and determined the repairs and improvements described in Public Works Department Conditions of Approval D.1 through D.4 are not critical and are now recommending that the Planning Commission consider their removal from the CUP. Staff concluded the report and recommended the Planning Commission adopt revised Resolution No. 627(13) with attendant Conditions of Approval, approving Modification No to Conditional Use Permit No The floor was opened for discussion and the following information was given in response to comments/inquiries: With regard to a set calendar for City entitlements, staff has now created a tickler file for following up on compliance with approved Conditions of Approval;

4 PAGE4 If the proposed resolution is approved, a schedule will be implemented for Public Works staff to work on the sidewalk repairs and improvements; and With regard to the removal and replacement of the existing tree, staff meant to recommend that a new street tree be planted in an empty tree well located east of the driveway and that the existing tree on the west side did not need to be replaced. Since there was no further discussion the public hearing was opened. Seeing no speakers the public hearing was closed and the floor was opened for a motion. Vice-Chair Chico motioned to accept staff's recommendation to adopt Resolution No. 627(13) with attendant Conditions of Approval, approving Modification No to Conditional Use Permit No , and including the removal of Public Works Department Conditions of Approval D.1 through D.4 Vice-Chair Chico Commissioner Martinez, Commission Amador, Commissioner Hartman, Vice-Chair Chico, Chair Tapia D. ZONE CHANGE NO ; ZONING ORDINANCE AMENDMENT NO (CITYWIDE) Associate Planner Jones reported that this is a request to create an "Automotive Dismantling Planned Development Overlay" zoning designation (ZC No ); a request to amend Irwindale Municipal Code (IMC) Chapter City Clerk Permits, Chapter Definitions, Chapter M-2 (Heavy Manufacturing) zone, Chapter Off-Street Parking, add Chapter Automobile Dismantling Planned Development Overlay Zone to the IMC (ZOA No ) and the repeal of Ordinance No Staff reported on the following information: The Zone Change (ZC) shall specifically affect the confines of Alpha Street only and the Zoning Ordinance Amendment (ZOA) shall affect properties Citywide; Alpha Street is currently zoned M-2 (Heavy Manufacturing) and allows automotive wrecking and dismantling with a CUP. Although auto dismantling within the City limits occurs on Alpha Street, no standards are currently in place that would prohibit it conditionally anywhere else in M-2 zone properties in the City; The City currently has a moratorium which prohibits any development outside of Alpha Street and the moratorium was extended by Urgency Ordinance 670, which was adopted on June 26, 2013 and is set to expire on June 26, Upon the effective date of the proposed ZOA, the Urgency Ordinance shall terminate and be of no further force or effect; The ZC will create a new zoning designation, the "Automotive Dismantling Planned Development Overlay". This designation will specifically address auto dismantling uses and their incidental operation and auto dismantlers will be subject to the requirements of both the overlay and base zoning designation; and

5 PAGES The proposed changes as well as the creation of a new chapter in the IMC will affect properties Citywide. Staff gave a summary of the proposed changes/additions for the following chapters of the IMC, all of which were fully outlined in the pages referenced in the project staff report: Chapter City Clerk Permits - strikeouts denote deleted material and double underline is new text (Pages 54-55); Chapter ~ Definitions (Pages 55-56}. Chapter M-2 (Heavy Manufacturing} zone (Pages 56-59). Chapter Off-Street Parking (Page 59); and Chapter Automotive Dismantling Planned Development Overlay zone (Pages 59-66). Staff gave details on the public notification process for the project and recommended that the Planning Commission adopt Resolution No. 626(13) recommending that the City Council adopt the referenced Zone Change, adding a new zoning designation to the Irwindale Zoning Map; adopt R-esolution No. 630(14) recommending that the City Council adopt a Zoning Ordinance Amendment amending and adding regulations for automobile dismantling operations to the IMC; and to file a Notice of Exemption pursuant to CEQA Guidelines. The floor was opened for discussion and the following items were addressed: Section A (Time Limits) - In response to an inquiry, staff replied that as referenced in this section, the overlay zone will be re-evaluated after 20 years following its adoption for new time limit consideration or repeal action. During this 20-year period, discussions are expected to take place on the future status of Alpha Street which did not take place during the initial 25-year period. In addition, site inspections will be conducted and periodic updates will be brought back before the Planning Commission; Section A (Parking and Circulation) - In response to an inquiry, staff replied that a minimum of five parking spaces shall be provided for each operator on each parcel regardless of the lot size. In most cases, many of the lots are at least one acre in size and parking would be rounded up to a minimum of five spaces, since it is one parking space for every 10,000 square feet of lot area; Section A.4 (Other Criteria and Standards - Discretionary Action) - This subsection states that "CUPs must be amended if the number of tenants on-site increases or decreases from the initial approval." In response to an inquiry, staff gave an example of a single parcel slated to be approved with a CUP with Conditions of Approval written and circulated for only one operator. If the operator later requests the addition of a second operator, they will be required to come back before the Planning Commission for a CUP modification since the circulation of other possible Conditions of Approval may change due to adding the second operator;

6 PAGE& Section C.1 (Other Criteria and Standards - Minimum Lot Area Per Operator) - In response to an inquiry, staff replied that based on their records, the standard is that auto dismantlers with multiple operators (typically no more than two) shall be in compliance with the 20,000 minimum square feet of yard area. In addition, each parcel is a minimum of one acre so if there happens to be two operators they would meet the requirement; Section D.4 (Other Criteria and Standards - Setbacks. Building and Material Storage) - In response to an inquiry, staff confirmed that the paragraph which references the maintenance of a minimum 6-foot clearance/setback from said property lines does apply to properties that abut Alice Rodriguez Circle; Section (Other Criteria and Standards - Operator Oversight Fund) - In response to an inquiry, staff replied that refunding operators of any remaining funds upon cessation of their business would be coordinated with the City's Finance Department. In addition, the operator would need to inform the City they have vacated the area in order to be reimbursed; outstanding violations would also need to be addressed; Section (Parking and Circulation) - In response to an inquiry, staff replied that the number of handicap parking spaces per location would be governed by the Building Code and not the IMC; Section A.3 (Other Criteria and Standards - Discretionary Action) - In response to an inquiry, staff provided information regarding the revocation process and proceedings, which was based primarily on the following paragraph of this subsection: "CUPs shall be subject for revocation upon four (4) substantiated violations of statutory law or the IMC within a 12 month period and failure to correct violations listed on the first notification of violation». With regard to the 12 month period, legal counsel interpreted it as being a rolling 12 month period which is not reset after a calendar or fiscal year. She also emphasized that the number of substantiated violations needs to be clarified; for instance, whether the number of violations should be based on separate violations for each code provision or if it should depend upon each date; and Section G.3 (Other Criteria and Standards - Storaae. Machinery and Equipment) - In response to an inquiry, staff provided information regarding storage height limitations, vehicle stacking requirements and the 8-foot high wall requirement. Additional discussions were also held regarding the following issues: Masonry/wrought iron walls; Berms and wall/fencing requirements; Residential and auto dismantling yard wall elevations; Grading measurements; Minimum square foot yard area; Minimum clearance/setbacks from shared property lines with residential;

7 PAGE7 Possible elimination of the 12 month stipulation associated with the four ( 4) substantiated violations; Two (2) vehicle stacking requirement; Visibility from residential areas of dismantled vehicles stacked above wall heights; Machinery, equipment and storage requirements; Encroachment requirements; and Code enforcement violation procedures. A suggestion was made by Vice-Chair Chico that before any final decision is made perhaps a site visit can be arranged for the commissioners to tour Alpha Street, along with staff and a few auto dismantlers. The idea is to be able to have a visual look at the site from various locations, including the residential areas. Since there were no additional discussions at this time the public hearing was opened and the following individuals provided their input on this matter: Jackie Freidrich, 2442 S. 8th Avenue, Arcadia (Owner of Auto Dismantling business) Mrs. Jackie Freidrich introduced herself and spoke about issues regarding visibility of stacked vehicles. She indicated that with the permission of an adjacent property owner, she was able to have Italian cypress trees planted on the other property owner's property which minimizes the visual blight facing the east side of her property. She suggested the possibility of having this type or other nice trees planted on the residential sides that abut Alpha Street properties. She also offered to pay for the planting of trees on the residential properties that abut her property. Jackie Freidrich Mrs. Freidrich also commented on the proposed CUP revocation process and gave an example of another dismantler on Alpha Street with a history of code violations and measures she took to prevent the dismantler from parking vehicles on her property. She also shared input regarding off street parking, handicap parking and DMV parking regulations. Tom Witbaard, 4944 Adams, Chino (Owner of Auto Dismantling business) Mr. Witbaard introduced himself and stated that his property is located on the west end and south side of Alpha Street. He spoke about the perimeter wall around his property and the two (2) vehicle stacking requirement. He stated that the rule of thumb years ago was that salvaged vehicles could be stacked 12 feet high as long as they were not visible by line of sight from the outside of the area. He also supported Mrs. Freidrich's idea of planting trees. Tom Witbaard Mr. Witbaard also addressed the code violation process and off-street parking citations. He emphasized that an operator and/or property owner should not be held liable and be fined for any vehicles illegally parked outside their property, unless the vehicles are registered in their name. He questioned if in the event a notice of violation or citation were to be issued by the police department or regulatory agency such as the AQMD, would the citation count towards the four (4) substantiated violations even though it may not be a violation of the IMC. He also shared stories on how certain situations were handled years ago for streets that were blocked by salvaged vehicles, streets that were too narrow and the type of vehicle stacking that was allowed by the City at the time. Since there were no additional speakers the floor was opened for further discussion. One discussion focused on violations of statutory law and how they are attributed to the four (4)

8 PAGES substantiated violations. A second discussion was held regarding the site tour of Alpha. Street and potential violations of the Brown Act. Legal counsel gave input on legalities associated with the Brown Act for meeting informally as a group. She emphasized that meeting as a group is permissible; however, whatever is discussed amongst all parties should be rep orted at the following Planning Commission meeting. She added that facts can be presented to the commissioners during the site visit and notes and observations can be taken as long as the commissioners refrain from making any decisions or voicing their opinions during the site visit. Vice-Chair Chico clarified that the site tour is not for the purpose of identifying the height of storage of vehicles, but is one of visibility from various locations in and around Alpha Street. It was also suggested that elevations can be accessed from both the business and residential sides. In addition, photos can be taken from different viewpoints with a survey identifying where photos were taken and the visibility from those areas. Commissioner Martinez recommended that for tracking purposes, revisions discussed so far should be incorporated into the resolutions for review at the next meeting. Strike-out mode would be helpful, such as the possible elimination of the 12- month period, for example, ahd would ensure that changes are included in the revised version. The site visit was tentatively scheduled for Friday, February 28th during mid afternoon. Staff suggested that the site visit could begin at the entrance to Alpha Street and heading back around the residential areas. No further discussions were held and the floor was opened for a motion. Due to the arranged site visit, Vice-Chair Chico motioned to leave the public hearing open and to continue it to the March 19, 2014 meeting. Chair Tapia Commissioner Martinez, Commission Amador, Commissioner Hartman, Vice-Chair Chico, Chair Tapia 5. DISCUSSION ITEMS There were no Discussion Items to report. 6 COMMISSIONER COMMENTS : Requested an update on the replacement of faded "No Parking" street signs. Staff replied that sign replacements started a few days prior and began in the general area of Alice Rodriguez Circle. Asked if staff was able to obtain information on the Sriracha plant in the City of Industry and if they have ever received any complaints. Staff replied that they have not yet looked into the matter and will contact City of Industry officials as soon as possible.

9 PAGE9 Commissioner Hartman: Requested an update on bulb replacements for lamp posts along the meandering sidewalk near the Trammell Crow business center. Staff replied the latest report filed with the maintenance company was two weeks prior and believed repairs have been made. Commissioner Hartman replied that one of the lamp posts has not been repaired and the bulb has been out for the last few months. Requested an update on the sprinkler system for the center median on Irwindale Avenue. Staff replied that adjustments have been made but that landscaping needs to be done on the median island before the sprinklers can be repaired. Commissioner Hartman replied that water from the sprinklers is not being absorbed and continues to run off into the street. Referenced the new turning lanes and other improvements at the intersection of Gladstone Street and Irwindale Avenue and asked if the timing for the traffic signal is working properly. He explained that during early morning hours, if the traffic signal cycles to yellow before you reach the intersection, you have to wait at least five minutes before the cycle changes again. There are rarely any other vehicles turning in either direction which aggravates the problem. Staff replied that construction is not yet complete and one outstanding item is the timing modification which is being handled by the LA County Public Works Department. Since the intersection is shared by both Azusa and Irwindale, the County is responsible for timing and all modifications associated with the traffic signals. The traffic signal was not working as of the date of this meeting; however, Public Works staff received a call from the Police Department before the meeting and the traffic signal is now being repaired. Staff added that the situation will be reported and a notice sent to the contractor to follow up on the repairs. Vice-Chair Chico: Commented on the AA Automotive Personnel auto detailing operation on Rivergrade Road with regard to the illegal structure on the site. He was aware staff is working with the property owner on the matter and is concerned with the approach taken to address the illegal structure. In addition, the structure could very well be a safety hazard, in which case the City would be liable. Staff explained steps that have been taken since the illegal structure was first discovered and a site visit with the City's Public Works Director and property owner have been conducted. The structure is currently being used as a carport to cover boats and other storage in the parking lot and a Site Plan and Design Review is necessary before the structure can be considered. The City's building inspector issued a stop work notice since there are no permits for the structure and there is also an open code enforcement case. 7. CITY MANAGER'S REPORT There were no items to report by the City Manager's office. 8. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Community Development Director Romo provided the following updates: Was happy to report that the City of Hope has signed on to occupy a building at the San Gabriel Valley Corporate Campus. A ten year lease has been signed

10 PAGE10 and hopefully the City of Hope will remain at the campus much longer. They will be occupying the site for office uses only. Reported that staff has done a great job working with Rosenow Spevacek Group, Inc. (RSG) on the City's zoning maps which are significantly improved. Staff hopes to have the zoning maps on the City website in the near future and copies will be distributed to the Planning Commission. Reported that the Huy Fong Foods public nuisance hearing is scheduled for the February 26, 2014 City Council meeting. City staff and the City Attorney recently visited AQMD offices and met with company representative to come up with a resolution to the problem. A Letter of Intent was also submitted by the manufacturer indicating a desire to work with the City to mitigate the odors. However, the City requested a more specific action plan detailing steps the manufacturer has taken so far to mitigate the problem. Until the action plan has been submitted, the City will be moving forward with the public nuisance hearing. He added that an odoro survey was recently sent to outside residents requesting their input. Staff expects to receive comments before the public nuisance hearing is held. Assistant City Attorney Lee reported that she will be transitioning out of planning functions for the City hut will continue to do personnel work and other relate_d duties for Irwindale. She indicated that she will be working with the City Attorney for another city whose services are needed. She expressed her pleasure working together with staff and the Planning Commission and will be attending the March 19th meeting which will be her last. She added that Assistant City Attorney Adrian Guerra will be her replacement and he is an excellent attorney. In response to an inquiry by Chair Tapia regarding the General Plan Update, staff replied that the General Plan was last updated in 2008 and was a comprehensive update. The Housing Element section was most recently updated and certified this past year. The Zoning Code Update was anticipated to follow the General Plan Update and the City is now contracted with Linn & Associates so the Zoning Code Update is now in progress. Staff anticipates bringing the draft comprehensive update before the Planning Commission by the end of the year followed by the City Council. 9. ADJOURNMENT There were no further discussions and the meeting was adjourned at 8:21 p.m. ATTEST: Approved as presented at the meeting held March 19, 2014.