HomeMy Public PortalAboutCity Council_Minutes_1988-10-04_Regular 19881
CITY OF TEMPLE CITY
CITY COUNCIL MINUTES
OCTOBER 4, 1988
INITIATION:
1. CALL TO ORDER:
Pursuant to Agenda posted on September 30, 1988, Mayor Swain
called the meeting of the City Council to order at 7:30 P.M.
on Tuesday, October 4, 1988.--
2. The invocation was given by Reverend Charles Woodworth, First
United Methodist Church, 5957 North Golden West Avenue.
3. The Pledge of Allegiance to the Flag was led by Mayor Swain.
4. ROLL CALL:
Present: Councilmen Atkins, Breazeal, Froehle,
Gillanders and Swain
Also Present:
PRESENTATION:
City Manager Koski, City Attorney Martin,
Community Development Director Dawson,
Public Works Coordinator Peterson, Parks &
Recreation Director Kobett, Asst. to City
Manager Durham, Julie Estrada of the Temple
City Times and Kurt Holtzclaw of the
Pacesetter.
Michael Arbogast and Janel Barba of the Automobile Club of
Southern California presented the 1987 AAA Pedestrian Protec-
tion Program award to the City of Temple City. Temple City
has been the recipient of the "Pedestrian Safety Award" for
seven consecutive years in the category of cities having a
population between 25,000 - 50,000. Mayor Swain accepted this
award on behalf of the'City of Temple City giving credit to
the community and volunteer groups in the City.
5. CONSENT CALENDAR:
Councilmen Froehle and Atkins requested Item F. (1) be removed
from the Consent Calendar. On motion by Councilman Atkins and
seconded by Councilman Breazeal, the remainder of the Consent
Calendar was approved as presented.
City Council Minutes, October 4, 1988 - Page 2
A. APPROVAL OF MINUTES - Regular meeting of September 20,
1988.
Approved as written.
B. REQUEST FOR BUDGET AMENDMENTS - 1988 -89 FISCAL YEAR BUDGET-
Council approved the requested budget amendments per staff
memo of October 4, 1988, and amended the adopted budget
accordingly.
C. CLAIM FOR DAMAGES: DIAZ „LOUIE JR.
Council denied claim and referred to JPIA.
D. APPROVAL OF LEASE AGREEMENT: 9167 LA ROSA -
Council approved the leasing of office structure at 9167
La Rosa with Don O'Dell & Associates and authorized Mayor
to sign Lease Agreement.
E. REQUEST FOR PUMPKIN SALES AND CHRISTMAS TREE LOT AT 6300
NORTH ROSEMEAD BOULEVARD. APPLICANT: LORI J. OWEN /LARRY
B. CUDE II -
Council approved 6300 North Rosemead Boulevard as a loca-
tion for the sale of pumpkins from October 20, through
October 31, 1988 and for the sale of Christmas trees from
December 1, through December 24, 1988, subject to all
general conditions applicable to Christmas tree sales
lots.
G. RESOLUTION NO. 88 -2813: APPOINTMENT OF BUDGETED PERSONNEL
Council adopted Resolution No. 88 -2813 approving the
appointment of budgeted personnel.
H. RESOLUTION NO. 88 -2814: APPROVAL OF PAYMENT OF BILLS -
Council adopted Resolution No. 88 -2814 approving claims
and demands in the amount of $348,139.67.
F. PLANNING COMMISSION ACTIONS FROM THEIR REGULAR MEETING OF
SEPTEMBER 27, 1988 -
(1) Approved Conditional Use Permit 88 -926 and Zone Vari-
ance 88 -927 to allow the subdivision of an existing
commercial building into two tenant spaces and waive
the required three parking spaces at 9549 Las Tunas
Drive. (C. P. WU) -
City Council Minutes, October 4, 1988 - Page 3
Councilman Froehle expressed his concern in allowing
retail stores to be subdivided and not provide adequate
parking. In this case the adjacent parking district may
mitigate the parking problem, but in the future someone
may want to cut it more and the problem is magnified.
Perhaps the Planning Commission should review the possi-
bility of making the crux of the Ordinance the size of the
store rather than the number of parking spaces as it is
currently written. This would help eliminate the cutting
up of stores into small cubicles.
Councilman Atkins agreed with Councilman Froehle. Addi-
tionally, he said there are two issues involved. He felt
Council should look at the subdivision of the stores and
review the policy on how the City treats the Parking
Districts. Councilman Atkins believed that both the Ordi-
nance and interpretation contained ambiguities.
Councilman Breazeal agreed with the Planning Commission's
decision and had reservations about doing anything at this
point in time. He did not see cars flooding the business
district and did not feel a parking problem exists and to
further restrict parking requirements is unnecessary.
Councilman Atkins moved to appeal Conditional Use Permit
No. 88 -926 and Zone Variance No. 88 -927, seconded by
Councilman Froehle and carried on a roll call vote as
follows:
Roll Call:
AYES: Commissioners Atkins, Froehle, Gillanders and Swain
NOES: Commissioner Breazeal
6. UNFINISHED BUSINESS: None
7. NEW BUSINESS:
A. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION
DENYING CONDITIONAL USE PERMIT 88 -938 AT 9237 LOWER AZUSA
ROAD, UNITS C & D (MORAN PROPERTIES) -
City Manager Koski, providing background information,
stated the applicant is requesting to utilize units C & D
for an auto repair business. The existing building was
constructed based on warehouse parking standards and
consequently the site is limited in terms of available
parking. Additionally, Units C & D are situated immedi-
ately adjacent to the main entrance driveway off of Lower
Azusa Road. The Planning Commission denied this request
based on the fact that an auto repair business is likely
City Council Minutes, October 4, 1988 - Page 4
to generate a parking and vehicular circulation problem on
the site. Also, the subject site has previously presented
code enforcement problems involving parking.
Community Development Director Dawson showed a video of
the site.
Mayor Swain commented that construction was based on
warehouse standards for one -half the building and manufac-
turing for the other one -half and questioned whether
specific standards were set for which part of the building
would be manufacturing and which part would be warehouse.
Mr. Dawson said the plans showed the units on the east
side as warehouse and the units on the west side as manu-
facturing.
Mayor Swain declared the public hearing open and invited
anyone wishing to address the City Council on the matter
to come forward at this time.
Councilman Atkins moved to include the Minutes and materi-
als from the Planning Commission as part of the record of
Council's public hearing concerning this matter, seconded
by Councilman Froehle and unanimously carried.
Larry Moran, 177 E. Front St., Covina, representing owner,
stated he was unable to attend the Planning Commission
meeting on August 23rd, but reviewed the results of that
meeting and wished to address several matters regarding
the use and the site. The site plan showed Units C & D as
industrial use and the parking for this use is within the
code - 59 spaces required and 62 spaces are provided. Mr.
Moran also stated the fire lane is not a legal requirement
because of access off Encinita. He was aware a problem
existed with one of the tenants but the business is phas-
ing out and will be out in the next 30 days. The appli-
cant has agreed to all the conditions. Mr. Moran could
not understand why they were not able to lease space in a
zone that allows the use on the assumption there may be a
problem.
Councilman Froehle stated that some businesses have inher-
ent drawbacks and even though the zoning is correct they
must be checked out so they will not be too disruptive and
cause parking problems, noise, etc. Auto repair, theaters
and motorcycle shops are but a few of the businesses that
fall into this category.
Mr. Moran discussed the submitted plans and the designa-
tion of specific units for warehousing or manufacturing.
Also covered in this discussion was the number of parking
spaces required for each use.
1
1
1
City Council Minutes, October 4, 1988 - Page 5
Mr. Dawson stated plans were submitted showing the units
that would be warehousing and those that would be manufac-
turing. Planning Department could not approve any use
where there would not be ample parking.
Ron Gass, 9142 Ardendale, San Gabriel, tenant, said he has
opened auto repair shops throughout Southern California
and it is his function to take it through the process of
getting all licenses and permits prior to opening. He
maintains an on -going relationship with the client in
operating the business. Mr. Gass' statements centered
around the fact that this type of business is allowed at
this location, he is a businessman and wants to see the
business succeed, he did not feel a parking problem ex-
isted because of the type of operation they ran - most
cars in and out in the same day, the problem of blocking
the fire lane would not occur because the tenant guilty of
this is being phased out and it is his contention there
would be no problems as far as parking is concerned.
Tony Carrrean, 9245 Pitkin, spoke in concern of the noise
factor. He talked with Mr. Moran regarding the tenant
causing the noise and understands they are phasing out and
will be gone. However, since this building has gone up
there is more noise in the evening as cars play loud music
while parking in the lot. Mr. Carrean said he would not
be opposed to a business in there as long as the people
are thoughtful and consider the neighbors.
Charles Henne, 4846 Heleo, felt the problem is one -half
the parking is off of Encinita and no one uses Encinita.
People want convenience and are not going to park at the
other end and walk.
Councilman Atkins moved to include as part of the records,
a letter received from Mildred Hegiver opposing the use of
units C & D for an auto repair business due to lack of
adequate parking; seconded by Councilman Breazeal and
unanimously carried.
Ron Gass, 9142 Ardendale, in rebuttal stated they would be
handling 8 to 10 cars a day and could easily handle that
many inside. If a car pulls up and there is no room, it
will be driven to the west side and parked until it can be
placed inside and worked on. Cars will not be left out
overnight but parked inside.
Mr. Moran, in answer to Mayor Swain's question regarding
the allocation of specific parking spaces for specific
businesses, said they have not allocated specific spaces
but could do so if required.
City Council Minutes, October 4, 1988 - Page 6
Councilman Breazeal moved to close the public hearing,
seconded by Councilman Atkins.
Councilman Breazeal felt that despite questions, supposi-
tions and speculation on what might be an adverse use, it
is a situation where they have 6 - 8 parking spaces inside
and this is a mitigating circumstance and it is an unusual
property. His feeling is he would like to give them a
chance to open the business and operate for six months and
look at it again to see of it is an adverse situation. He
would also add the condition for business hours to be
between 7:00 A.M. to 7:00 P.M.
Councilman Froehle thought the past problems stemmed from
the stereo business and they will be vacated. He is not
sure how many parking spaces are required and how many
they have but if they are short 3 or 4 this would be taken
care of by the 8 parking spaces inside. He has mixed
feelings but would like to go six months and see how it
works out; however, with the considerable amount of money
that would be invested, in this period, they could end up
in a legal battle. He would go along with the six -month
trial and in addition to the business hours being between
7:00 A.M. and 7:00 P.M., he would like to see Mr. Moran
designate the parking spaces.
Councilman Atkins said he is troubled by the fact the
situation has been misrepresented. He would like to have
the garage located where there is parking in front. He
would go along with approving the CUP for a six -month
period with the conditions as proposed.
Councilman Gillanders felt the problem was more than
minor. There are 11 industrial uses, 8 auto oriented and
3 used by auto repair shop. An auto repair shop cannot
get all the needed parts in a given day and automobiles
will have to be stored overnight. With two employees per
unit there will not be ample onsite parking and they will
have to park on the street. Cars will pull up front and
ask attendant for a "quick look" without pulling into the
bay. It will be 'impossible to move all the vehicles
through the bay in one day - all parts will not be avail-
able. Three units are body shops and it is difficult to
believe they can get all the parts every day. The ware-
house people will be coming and going. Councilman Gil -
landers felt the site is not suitable for the use
requested.
1
1
City Council Minutes, October 4, 1988 - Page 7
Mayor Swain also had a number of concerns but felt they
can be mitigated with proper conditions and proper opera-
tion of the business. She referred to the auto repair
businesses along Las Tunas and the problems created by
storing automobiles on the lots for months. With the
proper conditions and a review in six months, Mayor Swain
felt there is chance for a good business operation. She
indicated her willingness to grant the CUP with a review
in six months.
Councilman Breazeal moved to adopt Resolution No. 88 -2816
approving Conditional Use Permit No. 88 -938 for reasons
stated above, subject to.a six -month review and with the
added condition that the owner /operator shall within a
30 -day period designate all parking on the lot for spe-
cific uses; seconded by Councilman Atkins and carried on a
roll call vote as follows:
Roll Call:
AYES: Councilmen Atkins, Breazeal, Froehle and Swain
NOES: Councilman Gillanders
B. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION DECISION
APPROVING ZONE VARIANCE 88 -949 AT 9616 LAS TUNAS DRIVE
(CHAPIN) -
City Manager Koski, providing background information,
stated the applicant, Kowabunga Kasuals, is requesting the
variance to allow 51 square feet of total sign area in-
stead of the maximum permitted 40 square feet in the C -1
Zone. The proposed sign would be an 18" wide by 8' high
double faced, internally illuminated projecting sign. The
addition of this proposed sign would increase the total
signage to 51 square feet.
Community Development Director Dawson showed a video of
the front and rear of the building and the existing sign -
age.
Mayor Swain declared the public hearing open and invited
anyone wishing to address the City Council on the matter
to come forward at this time.
Councilman Breazeal moved to include the Minutes and
materials from the Planning Commission as part of the
record of Council's public hearing concerning this matter,
seconded by Councilman Froehle and unanimously carried.
City Council Minutes, October 4, 1988 - Page 8
Greg Chapin, 9616 Las Tunas, owner, did not understand the
problem as it was previously approved by the Planning
Commission. He purchased the business and just added new
verbiage to an existing sign. He was requesting a pro-
jecting sign for more visibility to passing traffic.
Councilman Breazeal concurred that it is very difficult to
see the existing sign but did not feel both signs are
needed. Continuing, he said he appealed this case because
the Planning Commission approved a 51 square foot sign - a
27 -1/2% deviation from standard. This is the first time
the sign ordinance has had a zone variance approved on it.
He felt it was important to bring it out in the open
because in his opinion the sign ordinance is overly re-
strictive and this was an ideal opportunity to refer the
sign ordinance back to the Planning Commission for further
study.
Cal Magro, 5824 Temple City Blvd., expressed his support
and felt the variance should be granted.
Mitch Greenberg, 9659 Las Tunas, favored approving the
variance and allowing the proposed sign.
Penny Graham, 9612 Las Tunas, thought the sign ordinance
is antiquated. When driving through town you can see only
certain businesses and other cannot be seen at all. She
felt she derived business off her roof sign rather than
the front sign. She would like to see the signs moved up
to the top - let the trees remain, just move up the signs.
She felt the City, from Kauffman to Rosemead, was dark and
needs more lights and larger signs.
Marianne Milch, 5827 Temple City Blvd., just wanted to
reinforce the statements made in a letter from the Revi-
talization Committee sent to Council in favor of approving
the variance. They are beginning to study the sign ordi-
nance and have requested like ordinances from neighboring
cities. The Committee is concerned with the revamping of
the sign ordinance and a serious study of all existing
signs.
Councilman Breazeal moved to close the public hearing,
seconded by Councilman Atkins.
1
1
1
1
City Council Minutes, October 4, 1988 - Page 9
Councilman Froehle stated the Council went through the
sign ordinance a couple of years ago and if inadequate,
then Council did an inadequate job. He did not like flip
flopping back and forth because it is unfair to staff
working at the counter and it is unfair to the business
people. If the sign ordinance is inadequate Council
should look at it again; however, if Council is satisfied
with it they should stick to it. He had no objection.
Councilman Atkins agreed with Councilman Froehle. Many of
the signs along Las Tunas Drive are 30 - 60 years old. If
this type of sign is approved they will only add to clut-
ter in the downtown area.,
Councilman Gillanders stated that when you put in one
projecting sign it can be seen - add more projecting signs
and you can't see any of them. The City has a sign ordi-
nance or it doesn't. Everyone should be given an equal
opportunity. Council has been against roof and projecting
signs and are now requested to grant an exemption. Coun-
cilman Gillanders suggested rejecting this individual
appeal and examine the sign ordinance as a whole. He felt
it would be better to correct the ordinance than to start
a list of exemptions.
Councilman Breazeal said the zone variance procedure gives
the applicant the ability to apply for relief from the
zoning code. His appeal was not intended to overturn
Planning Commission's decision but to look at the sign
ordinance which he felt is too restrictive. He favored
approving this exemption.
Mayor Swain said the sign ordinance allows projecting
signs but roof signs are not allowed. Defending the
City's sign ordinance, Mayor Swain said this ordinance was
the result of a long hard study by the Planning Commission
and the Chamber of Commerce. You cannot see Mr. Chapin's
business as you drive east on Las Tunas Drive. Perhaps
again it may be time to form a sub - committee of the Revi-
talization Committee and City staff to determine what
signage is or is not correct for Temple City. She was in
favor of granting this variance and review the sign ordi-
nance.
City Council Minutes, October 4, 1988 - Page 10
Councilman Breazeal moved to sustain the Planning Commis-
sion's approval of Zone Variance 88 -949 with conditions as
proposed, seconded by Councilman Froehle and carried on a
roll call vote as follows:
Roll Call:
AYES: Councilmen Breazeal, Froehle, Swain
NOES: Councilmen Atkins, Gillanders
Councilman Breazeal moved to request the Planning Commis-
sion, in conjunction with the Revitalization Committee and
any other appropriate people, to review the current sign
ordinance, seconded by Councilman Atkins and unanimously
carried.
Mayor Swain called a recess at 9:30 P.M.
Mayor Swain reconvened the Council meeting at 9:37 P.M.,
noting that Councilman Gillanders left the meeting due to
illness.
C. PUBLIC HEARING:
MENT STANDARDS -
ZONING CODE AMENDMENT RE:
R -1 DEVELOP-
City Manager Koski in presenting the background informa-
tion stated the Planning Commission has been reviewing the
City's R -1 development standards for several months. On
September 13, 1988, the Planning Commission adopted a
Resolution recommending the following amendments for the
R -1 Zone: 1) Maximum height reduced from 35 feet to two
stories or 30 feet, with the provision that in no case
shall any portion of the building encroach through a plane
projected from an angle of 45 degrees as measured at
ground level along the front property line. This means
that in the front 30 feet of a lot the building height may
not exceed the front yard distance. 2) Side yard setback
requirements for second stories would be increased from
five feet to eight feet for lots that are 50 feet wide or
less and from five feet to ten feet for lots that are
wider than 50 feet.'
Mayor Swain declared the public hearing open and invited
anyone wishing to address the City Council on the matter
to come forward at this time.
Virgil Graf, 6118 Primrose, stated that at previous meet-
ings many people indicated they do not want something huge
next door to them. Making the maximum height 30' instead
of two -story is a point well taken. People may start
adding basements, so 30' above grade is good.
City Council Minutes, October 4, 1988 - Page 11
V.C. Chan, 4903 Birchland, explained to Council that his
lot is 50' wide, his house is small and he would like to
add on and the only way for him to do this is add a second
story. Because of the width of the property and the fact
that he has an attached garage, it would be impossible for
him to add a second story if the new sideyard setback for
second stories is approved. He asked Council to recon-
sider for small lots.
Mayor Swain suggested Mr. Chan talk with Community Devel-
opment Director Dawson to find out what can be done within
the code. She also pointed out to Mr. Chan that another
option would be to apply for a variance.
As there was no one else who wished to speak on this
matter, Councilman Breazeal moved to close the public
hearing, seconded by Councilman Atkins and unanimously
carried.
Councilman Atkins felt the Planning Commission did a good
job of addressing the concerns regarding the proliferation
of two story houses. These guidelines will offer attrac-
tive architecture and he liked the softened lines.
Councilman Breazeal agreed with Councilman Atkins and said
the Planning Commission has worked very hard on this code
amendment and he commended them on a job well done. He
was concerned however with the second story setback re-
quirement for an existing structure as he felt the cost
would be substantial. Another concern was that when
working with an existing single family structure by using
the second story setbacks there is the danger of getting a
pagoda, pueblo or pyramid look. He suggested excluding
existing structures and for these if you add 50% - 60%
more space than the existing square footage then you can
follow the existing setbacks.
Councilman Froehle said he liked the ordinance because it
will ensure that the mass is somewhat mitigated. He felt
a lot of hours went into this ordinance and the solution
is a good one. They did not want to add a financial
hardship on the property owner but it is an investment
they will get a return on. It is easier on the neighbors
and the neighborhood.
Mayor Swain agreed with the ordinance but had some of the
same concerns as Councilman Breazeal. Her main concern is
the increase in setback from 5' to 8' for the second story
on many lots that are only 50' wide. The houses were
built 3' from the property line in many cases.
City Council Minutes, October 4, 1988 - Page 12
Councilman Atkins moved to approve the Negative Declara-
tion and introduce for first reading by title only Ordi-
nance No. 88 -641, seconded by Councilman Froehle and
carried.
8. COMMUNICATIONS: None
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None
RECESS TO CRA:
At 10:00 P.M., the City Council recessed to meet as the Temple
City Community Redevelopment Agency; approved the Minutes of
the September 20, 1988 meeting; approved request from Exxon to
modify in lieu payment pursuant to Participation Agreement
between Temple City Community Redevelopment Agency and Exxon;
approved payment on behalf of the City for rent obligation as
outlined in the Parking Lot Lease Agreement between the CRA
and the City of Temple City; approved adjournment to a closed
session to guide staff in the sale and subsequent purchase of
property in Block "A" and adopted Resolution No. CRA 342,
authorizing payment of bills. The Minutes of the Agency are
set forth in full in the Agency's records.
RECONVENE AS CITY COUNCIL
10. ACTION ON REQUEST BY CRA: None
11. MATTERS FROM CITY OFFICIALS: None
12. ADJOURNMENT:
On motion by Councilman Breazeal, seconded by Councilman
Froehle, the meeting of the City Council was adjourned at
10:10 P.M. The next regular meeting will be held on October
18, 1988, at 7:30 P.M. in the Council Chambers, 5938 North
Kauffman Avenue, Temple City.
ATTEST.
Chief Deputy City C
1