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HomeMy Public PortalAboutMinutes - 1975/10/15 - RegularTEMPLE CITY PARKING COMMISSION OCTOBER 15, 1975 1 Chairman Ross called to order the regular meeting of the Parking Commission at 3:00 p.m. on October 15, 1975 in Council Chamber of City Hall. 2. The Chairman led in the Pledge of Allegiance to the Flag. 3 Roll Call: Present: Commissioners Driver, Konrad, Millham, Nunamaker, Ross Absent: None Also Present: Assistant City Manager Biel 4 APPROVAL OF MINUTES - Regular Meeting of June 18, 1975. Commissioner Millham moved to approve the minutes of the regular meeting of June 18, 1975 as mailed. The motion was seconded by Commissioner Konrad and carried. • 5 REORGANIZATION OF THE COMMISSION Chairman Ross turned the chair over to Assistant City Manager Biel for the purpose of reorganizing the Commission. Mr. Biel declared nominations open for Chairman for the ensuing year. Commissioner Nunamaker placed Commissioner Konrad's name in nomination. Commissioner Konrad declined the nomination. Commissioner Millham nominated Commissioner Driver as Chairman. The motion was seconded by Commissioner Nunamaker. There were no other nominations. Commissioner Driver was declared the unanimous choice for Chairman of the Parking Commission for a one -year term. Commissioner Nunamaker moved to place Commissioner Konrad's name in nomination as Vice Chairman. The motion was seconded by Commissioner Millham. There being no further nominations, Commissioner Konrad was unanimously declared Vice Chairman for a one -year term. NEW BUSINESS: 6: INGRESS- EGRESS OVER PEDESTRIAN MALL (No. 4) SMr. Biel advised that pursuant to City Council referral at the regular meeting of August 19, 1975, the staff had contacted Mrs. Gwendolyn Harris, 96592 Las Tunas Drive, concerning a violation in crossing over the pedestrian mall to park her car in the garage at this location. Mrs. Harris had written a letter requesting the continued use of the garage as she is the present owner of the business and resides in the apartment above the building which includes a garage. Her car is driven into the garage around 9 p.m. and is taken out at.5 a.m. in the morning. Mr. Biel pointed out that the right to any vehicular access across the mall was terminated at the time the malls were established as shown in the Resolution of Intent No. 66 -679 Mall 4, and there was no protest made during the 90 -day protest period by the previous owner of the property at 96592 Las Tunas Drive. Copies of Mrs. Harris' letter of request and the Resolution of Intent were made available to the Commis- sion for their perusal. Chairman Driver invited Mrs. Harris to speak to the Coin mission. Mrs. Harris stated that Mr. Chris Williams would speak on her behalf. Mr. Chris Williams, 9659 Las Tunas Drive, stated that when Mrs. Harris bought the building she'was not informed of the restrictions under the Mall Act and was unaware that prior owners did not obtain permission to cross over the mall to use the existing garage. However, the fact is that she has purchased the building and made the living quarters PARKING COMMISSION MINUTES - MEETING OF OCTOBER 15, 1975 PAGE 2 her home and is requesting permission to use her garage to park her car. He said that the car is moved out of the garage prior. to. 6 a.m. and in the garage at 8 p.m. With regard to any damage that crossing the mall might incur, a "partable ramp is used to move the car in and out of the garage so the curb is not actually jumped. Mrs. Harris is also concerned for the safety of her car. In Commission discussion of the request, Commissioner Nunamaker reviewed the main points of the proceedings in the development of the malls, noting that property owners at that time were given an opportunity to protest; that only two permits have been given to cross the mall and neither owners are permitted to park a vehicle in his building overnight. In all other instances, crossing over the mall sidewalk is prohibited. However, the public parking lots are for overnight parking. Commissioner Ross noted that in all the malls this is the only garage in existence with a legal residence, the garage is for parking purposes and is therefore a legal structure. He felt this property was in a different category than the other two buildings referred to by Commissioner Nunamaker. Commissioner Nunamaker pointed out that one of the other permittees has a legal garage. Commissioner Ross countered that Mrs. Harris' garage is a separate building with living quarters. Commissioner Nunamaker disagreed, noting that it may set a precedent if Mrs. Harris' request was granted. Commissioner Ross questioned the legality of keeping an owner from parking in his garage. Mr. Biel advised that the access was deleted under the formation of the malls and there is no legal access to the structure at this time. The previous owners in not exercising the right of protest to cross over the sidewalk to the garage was binding on all future property owners. Commissioner Millham pointed out that the two owners granted access over the pedestrian mall had made their protest within the 90 day period at the time of the public hearings. However, there were certain stipulations in the agreement with the City to which each property owner had to adhere, and the right to cross over the mall was reviewed annually for both permittees. All other property owners within the parking districts have given up the right to cross over the mall. Commissioner Ross stated that the uniqueness of the property is that it is unlike any other in the district and there is little possibility of a garage being built within the parking districts which would cause an owner to apply for a permit to cross, over the mall. He felt the present owner has improved the building's appearance and that she is a credit to the business community. He did not foresee a precedent being established in this case were a permit to be recommened. Commissioner Millham said that while it is unique nonetheless the garage was in existence at the time of the hearings in conjunction the the establishment of the malls and the structure has remained unchanged. He expressed concern about setting a precedent if this request were granted. Mrs. Harris emphasized to the Commission that this property is also her home as well as her business and that she had not been informed' by the previous owner of the provisions in the Resolution of Intent. She has made every effort to keep up the property and feels she is entitled to the use of the garage. Commissioner Ross said he would favor recommending this matter to the City Council based upon reasons he has previously stated, adding that in his view property owners in the parking districts at the time of the hearings on the malls gave up their right to park in the space behind their buildings but did not give up their right to use their liuilding. Commissioner Millham pointed out that one of the requirements in the • agreement with the two property owners who have been granted permission to cross the mall is liability insurance, asking Mrs. Harris if this would be a hardship on her. Mrs. Harris replied that she now carries insurance. • • PARKING COMMISSION MINUTES - MEETING OF OCTOBER 15, 1975 PAGE 3 Chairman. Driver asked Mrs. Harris how long she had been parking in the garage. Mrs. Harris responded she had been parking in the garage since she moved into the apartment two years ago. Prior to that time tenants living in the residential quarters parked their vehicles in the garage. They also worked on their motorcycles on the sidewalk in front of the garage. Prior to buying the business three years ago she had managed the knit shop; however, the previous owner had never lived in the apartment herself. Chairman. Driver asked the applicant if she encountered difficulty in getting her car into the garage after 9 p.m. because of parked cars in the public parking lot in front of her garage Mrs.- Harris replied that it was more difficult on Friday, Saturday and Sunday nights. Commissioner Konrad inquired if parking was permitted overnight in public parking lots. Mr. Biel replied that it is permitted. Commis- sioner Konrad asked if the same conditions would be imposed on Mrs. Harris as on the other two permittees if her request -were granted. Mr. Biel stated that staff would recommend that the same conditions apply; however, the Commission could recommend other conditions for City Council consideration if they felt it was warranted. Commissioner Driver declared a 5 minute recess at 3:32 p.m. in order that the agreements with Zager -Smith and with A. W. Driver could be obtained for Commission's review and for Mrs. Harris' information. • The meeting was reconvened by Chairman Driver at 3:37 p.m. Mr. Biel compared the two agreements noting, that the conditions were identical except the agreement with Mr. Driver specified no storage of vehicles overnight is permitted within his building nor may a vehicle be parked on the pedestrian mall or protrude from the storage facility onto the pedestrian mall. Mr. Zager is required to provide a ramp and maintain it in a safe condition, his permit is for loading and unloading of commercial delivery vehicles serving his place of business only. In answer to Commissioner Ross's inquiry, Mrs. Harris stated that her car is used for delivery to customers and for pickup of yarns and goods related to her business and for emergency shopping, which is the primary reason for taking her car out by no later than 7 a.m. Commissioner Nunamaker asked what her parking arrangements was during the day. She replied that American Savings & Loan had approved the use of one of their stalls in the parking lot. Commissioner Ross moved to recommend to the City Council that permission be granted to Mrs. Harris, 96592 Las Tunas Drive to cross over the pedestrian mall in order to park her car in the garage, subject to the following conditions: (1) Permission be granted to cross over the mall to park in the garage overnight from the hours of 9 p.m. to 6 a.m. only. (2) The temporary ramp used to drive the car in and out of the garage be stored -in. the garage. (3) That the permittee- shall immediately, upon occurrence, a. remove oil stains from the sidewalk, and /or b. repair all damage to the sidewalk, all stains and damage shall be presumed caused by the permittee. (4) That the permittee shall provide insurance in a form approved by the City Attorney .(bodily injury and property damage,'$100,000 each person, $300,000 each occurrence - with City of Temple City named additionally insured). (5) That the permit shall be subject to annual review, or upon transferrence of the property. • (6) That acceptance of any of the benefits of this permit shall be deemed to be an acceptance of the burdens. (7) Failure to comply with the provisions of the agreement shall render permit void. PARKING COMMISSION MINUTES - MEETING OF OCTOBER 15, 1975 PAGE 4 Commissioner Konrad seconded the motion which carried unanimously. Commissioner Millham stated his position. that he voted in favor of the request on the condition. that it is not binding on the Commission to recommend granting others the right to cross over the mall, as this particular case is unique. 7. COMMUNICATIONS: There were no communications. 8. TIME FOR THOSE IN AUDIENCE WHO WISH TO SPEAK: No one else came forward. 9. MATTERS FROM CITY OFFICIALS. A. Mr. Driver drew attention to the shortage of parking in public parking lot No. 5, particularly between the hours of 11:30 a.m._ to 2:00 p.m. during the week, and on Friday nights. He asked about the number of parking spaces required when a business makes application for use of a building -which is adjacent to a public parking lot. Mr'. Biel briefly outlined the requirements in this - instance, explaining. that all property owners in a parking district were assessed for a proportionate share of the public parking lot and the number of parking spaces their customers can use is not restricted. In response to Chairman Driver's question about conditions set forth for parking requirements in the establishment of a new business - adjacent to .the.ma.11s,.Planning Director Dragicevich was called to the meeting to respond. Planning Director Dragicevich arrived to the meeting at 3:45 p.m. He explained the procedure in some detail, noting that where conditions. were required under a Conditional Use Permit for a particular business, if new owners conducting the same type of business took over the conditions imposed by the Planning Couuiiission at the time of public hearing remain. unchanged. However, if there was a requested change in the permitted use, or an expanded use of the existing business, then the matter would come before the Planning Commission to determine if it was a proper use and off- street parking requirements would be reviewed. • Commissioner Millham concurred with the Chairman that there had always been a shortage of parking in public parking lot No. 5. There was some discussion on several alternatives to providing additional parking in the public parking lot, and Commissioner -- Nunamaker -- reviewed the unsuccessful results in the past of attempts in this direction. 3:55 p.m. Commissioner Ross asked to be excused from the meeting as he had a prior appointment. B. Commissioner Konrad stated she was concerned about the parking of vehicles in the one -way alley south of Las Tunas Drive -at the westerly approach to Camellia Avenue -. She suggested that prohibited parking signs be placed in the entrance to the alley as much of the time delivery trucks are stopped behind the drug store and frequently there is a passenger vehicle parked halfway in the alley. This- situation makes it almost impassable for other vehicles going through the alley. Commissioner Millham suggested the matter be referred to the Traffic Commission for review. C. Commissioner Nunamaker referred to the unsightly condition of the empty service station on the southeast corner of Camellia Avenue and Las Tunas Drive since it has been closed -. It is being used as a parking lot. Planning Director Dragicevich advised that the property owner would be contacted and requested to post the appropriate signs. 10. ADJOURNMENT There being no further business to conduct, the meeting was adjourned at 4:05 p.m. to the next regular meeting of the Parking Commission on February 18, 1976, . 3:00 P.M., in Counci Ch_-bers. ATTEST: Secretary airman. •