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HomeMy Public PortalAboutMinutes - 1965/11/23 - RegularPLANNING. COMMISSION MIELI3TE CITY OF TEMPLE CITY ;!ovembe r 23, 1965 1. A regular meeting of the Planning Commission of the City of Temple- City was held in the City Hall, 5938 North ",auffman Avenue, Temple City. The meeting was called to order by Vice Chairman Clemson at 7 :30 P.M. 2. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance to the Flag was led by Vice Chairman Clemson, 3. ROLL CALL: Present: Commissioners: Briggs, Garvin, Clemson Absent: Commissioners: Beckley, Johnston Also Present: Ray Cushman, R. Flandrick, K. Koski 4. APPROVAL OF MINUTES: A motion was made by Commissioner Garvin that the minutes of the Regular Adjourned Meeting be approved as written. Motion seconded by Commissioner Clemson and carried by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ASSENT: Commissioners: ABSTAIN: Commissioners: Clemson, Garvin None Beckley, Johnston Briggs, absent at meeting A motion was made by Commissioner Garvin that the minutes of the Regular Meeting of November 9, 1965 be approved as corrected per page E, paragraph one, in age from 5 -20 with insertion of "upon admission" and page six paragraph 2 "is unsightly ". Motion seconded by Commissioner Clemson and carried by the following roll call vote: 7ES: Commissioners: n ES : Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Clemson, Garvin None Beckley, Johnston Briggs, absent at meting 5. PU?LIC HEARING CONTINUED: ZONE VARIANCE CASE '10, 65 -172 Seeman School Wiza Gertrude Salves (OA) 4941 Halifax Road, Temple City Site: 4949 Hallowell Avenue Temple City Planning Director Cushman reviewed the case briefly for the aud- ience and the Comm iS.s Voners and pointed out that the plot plan, Exhibit "A" was in error in one respect, that being the property line is not the same as the fence line. The applicant has sub - mitted another plot plan, Exhibit "A" Revised with red pencil outlini.rg the property line and the green pencil outlining the fence lime reason being there is 10 feet between the fence on the north and south setback side; the proposed building location is 35 feet from the property line on the revised plot plan, Exhibit "A ". The half street on Halifax Road has been striped on the revised plot plan also; there is a greater distance shown between the property line and the proposed building than on the first plot plan submitted. Planning Director Cushman also stated that the public hearing from the previous Regular Meeting had been left open and now is the time to continue with the testimony. Vice Chairman Clemson asked if Cornm i s s i one r Br i ggs had listened to the tape of the previous public hearing and read the minutes and if he felt he was qualified to hear further testimony and reach a decision if the Commission felt they could do so. Comm- issioner Briggs certified that he had listened to the tape and read the minutes as instructed to do because of his absence at the previous public hearing and felt he was qualified to judge fairly and with understanding. Planning Commission Minutes Page Two November 23, 1965 Vice Chairman Clemson announced that the public hearing was now open and asked if the applicant was in attendance or someone that was qualified to speak for the applicant. Appearing in favor: Mr. Mike Chamness, 5116 Sleeker, Baldwin Park. Mr. Chamness is a Teacher at Seeman School and he presentee to the Commission a statement from Mrs. Wiza ':ertrude Salves giving Mr. Chamness the authority to address the Planning Comm- ission on behalf of Seeman School and herself. This fetter is on file with the case. Mr. Chamness stated that in 1926, when Seeman School was built the area was a farming and flower growing region with little if any buildings in the immediate vicinity of the school. During the last 15 years the property in the area has been developed to a residential area with some light manufacturing and dairy ind- ustry in the vicinity. The school buildings were built prior to the second World War and are of wooden frame and stucco construc- tion. Through the years, these buildings have become out - dated for the care and treatment of retarded children; the dormitory that is to be replaced has deteriorated and must be replaced by a newer, better constructed one designed especially for the type of children who live at the school. At this time there are no plans to increase the size of the school past the 78 boy limit and would like, at this time, to have the proposed increase named in the original petition amended to read for the retention of the present capacity of 70 boys. Some of the property owners in the area want the school to relocate elsewhere which apparently means anywhere other than where we are located at the present time; they also feel the school is detrimental to the neighborhood and a constant threat to the safety and well being of the neighbors. Those who work daily with these children, the neighbors who have had contact with the boys on different occasions and also the parents of these boys, all agree that there is no physical danger whatsoever from any of these retarded children. Mr. Chamness aisr emphasized that mental retardation is not mental illness. Retard• ation means a limitation of ability to develop past a particular point of intelligence; this does not mean that there are any anti social tendencies; these boys are gentle, docile and obed- ient and have to be protected and supervised so that they do not become injured. They also occasionally suffer from the misunderstandings and ignorance of strangers. As far as Seeman School is concerned there have been no instances of any of the neighbors being injured or attacked by any of the boys. It seems unfair that the boys who now live at the school, most of whom were born during the past 10 -12 years, must be the ones to suffer by living in housing no longer suitable; that through no fault of their own were born with less mental ability than we have and therefore, must be cared for and even more, given the opportunity for an education as they are able, a right of all children, not those selected as normal. A new building of better construction and design is urgently needed to replace the building now in use, and because of the improved design of the proposed building, the children will re- ceive better care. It has been strongly suggested that Seeman School be relocated in another, less populated area so that the neighbors and the boys themselves would have a larger area to run and play in and away from the congestion of the City. Relocation at this time would be financially impractical and impossible. Relocation is also out of the question because of the desires of supporting County of Los Angeles and California State Agencies who place the children close to their parents' houses. This provides an opport- unity for frequent visits. Planning Commission Minutes Page Three November 23, 1965 Seeman School has approximately 10 acres of ground for the boys to run and play. These children do not possess all the complica- ted desires and emotions most of us share. What looks desirable to us is not even seen or realized by these boys. We at Seeman School believe that the land is most certainly being utilized efficiently and indeed, for a very worthwhile purpose. Any land that we occupy could be turned to a profit ,y somebody not con- cerned with the needs of retarded children. This objection would be applied no matter where the school was located. Others have objected to the school's appearance and suggested that improve- ments are needed. We are most willing to do all we can to uphold and maintain the standards of our community. If the neighbors want a wall surrounding our property, we will be happy to discuss this with those directly concerned. Halifax Road will certainly be fully dedicated and any other matters on this subject we will be pleased to discuss at the convenience of our neighbors. Our present plans call for location at thirty -five feet from the western property line. This is twenty feet more than the minimum requirement in Temple City. We are now changing these plans to read approximately eighty -five feet from our western property line, so that we may conserve our trees and shrubs. Our present plans call for the removal of five existing trees, and we have decided we would rather keep these trees and move the building. It is the construction of the building we are concerned with, not with its relative position on the property. Another objection to the variance has been that of noise. Due to the construction of the new building, the present problems of noise, rather than being increased will on the contrary be re- duced. The proposed building includes not only private rooms, a medical and dental clinic and a nurses' station as well as three visiting parlors, but also a large indoor recreation area that we presently lack at the school. Because of this lack, many boys now recreate outside who in the future could remain inside, thus cutting down already existing noise. We also feel that the noise objection has been exaggerated during the recent years when we compare our noise potential with that of our neigh- boring public schools. It also doesn't make sense that for those who object to present noise to try and halt construction of a building which will reduce the noise factor itself. Some of the people in the surrounding area also feel that if the school were granted this request and the building was constructed then in 1978 when the Special Permit has to be removed there would be little chance of their forcing the school from this area. Even though the school may hazard a loss due to construction that may only last for 12 years, or the neighborhood takes a chance that the school will remain because of the construction, it does seem heartless to require our children to live under present conditions, when improved, more efficient conditions can be pro - vided. We at the school believe it is worth whatever possible loss might accrue in 12 years to be able to provide better con- structed and planned facilities for our children at this time. In regards to the parking problem, in 1958 a parking requirement was placed upon the school to have it meet the needs of contemp- orary sanataria. How this particular point affects the surround- ing dwellings is difficult to see, as our employees automobiles are only visible to the neighbors when traveling the public streets and none of our boys own or drive cars. Even our driveway is secluded. We feel that this matter of parking is an internal problem particular only to the school and that will soon be remedied both by enlarging the lot as well as paving over the present gravel surface. It is doubtful that this problem affects any of the neighbors. Planning Commission Minutes Page Four November 23, 1965 Seeman School is working to improve their own particular re- lationship with the community, and also to increase the fund of knowledge regarding all retarded children. :e believe that there will be a severe harpship placed on the boys living at the school not only in the immediate future, but also for the next twelve years, if the requested variance al lowi tic; this necessary construction does not pass. Our concern is to the care and education of retarded boys and we feel that we should be granted the permission to do this work in the best possible way, with the finest facilities we can provide. Vice Chairman Clemson questioned Mr. Chamness on the definition of "School." Mr. Chamness stated that this name was applied in 1926 and at the present time would be defined as a "home ". He also stated that Seeman School is the largest private school; the parents contact the school directly or the children are placed through a welfare office; they have children from Orange County, Northern California and Los Angeles County, with the San Gabriel Valley area having the most children located at the school; most of the boys stay at the home continuously. Vice Chairman Clemson asked what the moral responsibility of the parents are if there child is retarded. Mr. Chamness stated it present a definite hardship on the entire family and also the retarded child because you cannot require the same mentality of a retarded child to a normal child. If the child is received at Seeman School at a young age the child is easier to train and care for; they try to prepare the child to live in a normal society at a later date. A question was directed to Mr. Chamness regarding what would happen to the land if the special permit was not renewed in 1978. Mr. Chamness stated that the property belongs to Mrs. Salves and he could not answer that question. Mr. Chamness said the existing building will be demolished when the proposed building is complete. Planning Director Cushman clarified the position of the existing dormitory on the plot plan same dormitory to be demolished when the new one is complete; that the re- furbishing of the kitchen facilities has been up graded to today's standards. Commissioner Briggs asked the Planning Director exactly what the Special Permit consisted of. Planning Director Cushman stated that Special Permit Case No. 1323 was approved subject to the following conditions: that two copies of a revised plot plan be submitted showing the following conditions. A minimum of 50 parking spaces be provided; the entire area exclusive of the parking area and that area occupied by the administration build- ing shall be enclosed with a 6 foot high chain link fence and any gates provided shall be locked; effective screen planting shall be provided and maintained around the fenced area; that a strip of land bordering North Arden Drive be given free of charge to the County of Los Angeles so that North Arden Drive may be im- proved consistent with the Master Plan of Highways; that North Halifax Road, bordering the subject property, shall be improved in accordance with county standards and dedicated free of charge to the County of Los Angeles, that on the revised plot plan the improvements shall be indicated but that no additional children shall be maintained as pupils on the premises. 3y no additional children is meant that the number shall remain 73 or less; the Special Permit shall expire February 1, 19'8. Mr. Chamness stated that the building is subject to approval of the County Agencies and can be amended as they see fit. The . average length of the boys staying at the home is decided by the parents; the rates are the lowest of any school of this type in the State; they do not charge private boys more than the boys from the welfare agencies. Planning Commission Minutes Page Five November 23, 1965 Also appearing in favor: Mr. Jack E. Moore, 9622 Las Tunas Drive, Temple City, Physician for the boys. Dr. Moore stated that he wou,l•'d be more than willing to answer any questions the CommissionersA.may have regarding the mental and physical ability of the boys. 'The boys are docile, they are quiet, only time they are noisy is when there is some physical problem; they have the lack of mental ability; the school needs the building to up data to today's standards; the building will 'De air -conditioned and sound; proof and he is very much in favor of the Commission granting this variance. Commissioner Garvin asked several questions of Dr. Moore regard- ing the epileptic seizures. Dr. Moore stated that when a boy does have an epileptic seizure he on occasion will make a little noise and fall down but that is all there is to it; he also stated that there are children in public schools who also have these seizures; the age of the boys at the school is from 6 -45, but they are considered boys rather than men because of their mental ability; that on occasion a boy may try to sneak out of the school but they are always immediately picked up; the reason for getting out of the school is a form of curiosity, they want to see something; they never get into trouble and that the average mental age of the boys in the school is about 9 or 10. Planning Director Cushman presented a petition with 32 names and addresses of merchants and businessmen of Temple City, some of whom are also residents, in favor of the granting of this variance and is on file with the case. Homer Shirley, 11728 Lambert, El Monte. Mr. Shirely stated that he has been at the Christmas Parties at the school and he is in favor of granting this variance so that the new dormitory can be built. Mrs. Max Davis, 4929 North Hallowell, Temple City, lives in the second house on the west side of the street from the school and has lived there since 1942. Mrs. Davis stated that there has been no trouble from the boys at the school and has never regretted living at that location. She also would like to see the building completed because they do need it very badly. Mrs. Salves has been very generous to the neighbors on thai'r street and has no objection whatsoever to the granting of this variance and no noise factor would be involved. Mrs. Ben Autry, 4847 North Hallowell, Temple City. k;rs. Autry stated she has lived at that address for 9 years and there has been no noise problem and has no objection to the granting of this var- iance. Mr. Chamness stated that he had made a spot check of the people living on Arden, Halifax and Hallowell and the people had ex- pressed no animosity but rather curiosity. He had also extended an invitation to these people to see the school on the past Sunday morning, but no one had shown up to see the facilities. Also appearing in favor: Mrs. Paul S. Broberg, 4923 Hallowell, Temple City. Mrs, uroberg stated that they are more aware of the school because of that street being only way to get into the school, that they did investigate what type of school it was when they bought the property and would just as soon continue to live there by the school in the future. Robert L. Robbins, 44928 Hallowell, Temple City. Mr. Robbins stated that he knew what type of school was located there, it is quiet, scenic, they have lived in the area four years and are entirely in favor of the Commission granting this variance. Dick W. Steyer, 5125 Arden Drive, Temple City. Mr. Steyer stated that after considering both sides of the story he would like to go on record as being in favor of the variance; there has been no noise factor to date; the fencing is not first class, but it does not bother them too much. Planning Commission Minutes Page Six November 23, 1965 Mrs. Jo Scheff ing, 483 7 North Hallowell, Temple City. Mrs. Scheffing stated that she has no objection to the variance being granted and has lived at that location since 1948. Mr. Dick Miller, 4924 Hallowell, Temple City; has no objection at all to the school, and there has been no noise factor involved. Vice Chairman Clemson asked if the testimony could be limited subject to any new evidence that might be available, in opposing the granting of this variance. Those appearing in opposition: Mr. Heins (Kueferly)? 5034 Arden Drive, Temple City. He stated that he has lived at the above location for two years; that noise is the main objection; his property is right across the street from where the new building is going to be; the boys have been caught sitting in the trees and throwing rocks on his house and window screens; has heard the boys swearing and is not opposed to the school itself, but the location of the proposed building to be right in front of his house. He hears noise from the school ni:ht and day. He doesn't expect the trees to be removed so that the building is going to be built. rx. Hermanez, 5020 Halifax :load, Temple City. Pair. Hermanez clarified that the permission of the school to increase the number of boys from 78 to 100 had been dropped. Planning Director Cushman stated that is correct, the school has dropped the request for the number of boys to increase and they cannot increase the number of boys unless they file a new zone variance and proper notification is made to the property owners. Planning Director Cushman stated that some of the people that are in the audience tonight have signed a petition and stated they are indicated by the small red "X" on the vicinity map; the large red "X" indicates people that have spoken in opposition to this variance. Mrs. Frances Gallagher, 5117 North Arden Drive, Temple City. Mrs. Gallagher stated that she had heard from a reliable source Mrs. Salvas was ill and is now being treated for cancer and wondered exactly what would happen to the property if Mrs. Salvas would pass away in the near future. City Attorney Flandrick stated that this is not pertinent to the case. Mr. Victor King, 5018 Arden Drive, Temple City. Mr. King stated that in the Sunday, ;ovember 21, 1965 Temple City Times the article says "Mrs. Salvas says her neighbors fear of the re- tarded children is groundless." Mr. King stated this is not correct and opposed to the granting of this variance. Mrs. Roberta Marriott, 5027) Arden Drive, Temple City. Mrs. Marriott stated that many things regarding this variance request con- cerns her. One in particular is the boys from the school talk with the girls that are walking to school alon g Arden Drive on an easement area; that these boys are aware of the girls; she wondered why the conditions of the Special Permit case with the County have not been complied to; that parkin it is a problem in the area during the day. Planning Director Cushman stated that there is parking inside for 15 to 17 cars and when he went by the school during the day around 2:00 there were ' cars in the lot. Mrs. Marriott stated that the parking does involve the neighbors and is also con- cerned with the teachers at the school that do not have teaching credentials. Appearing in rebuttal in favor: Mr. Mike Chamness, 5116 Bleeker, Baldwin Park. Mr. Chamness clarified that °Mrs. Salvas at one time did have cobau l t treatments.. and that he did know the exact condition of her health now. The school operates year around 5 days a week; they are in the market for credentialed teachers but they are very difficult to find; boys being what they are, are going to climb trees occasionally; and there has been a flare thrown on the school grounds, bottles and once a gun shot; the easement will be absorbed into their property on the east side; the easement on the north will remain the same. Planning Commission Minutes Page Seven Novem :; 3 r 23, 1965 The east will be fully dedicated; the western property will be fully absorbed with a new fence; the new building will be insulated with a large indoor play area; the outside gate is always locked at night. Commissioner Garvin asked Mr. Chamness what the standard time for the boys being off the glayground was. He replied the boys are allowed outside from 11 :00 AM - 12 :15 P.M. The teachers wort; 10 -12 hours a day 6 days a week; they do need competent people with dedication to their work; in good weather the boys are sometimes allowed to play outside after dinner until bedtime at 9 :00 P.M. and this time is strictly enforced. Mrs. Wiza Gertrude Salvas, owner - applicant came forward and stated that the story of her health problem Is unfounded and her cancer has been corrected and she is in fine health. After hearing all those desiring to speak a motion was made by Commissioner Garvin that the public hearing be closed. Motion seconded by Commissioner Briggs and carried by the following roll call vote: AYES: Commissioners: Briggs, Clemson, Garvin NOES: Commissioners: None A:SENT: Commissioners: Beckley, Johnston Commissioner Briggs stated that the concern of the Planning Commission is if the building is needed and if it will be detri- mental to the property or to the surrounding; community. Comm- issioner Briggs stated that this building would improve the area and whether they want to or not the children have no choice but to live there and he felt that the children are entitled to have the best facilities possible; the noise will ;De cut down be- cause of the building being 85 feet from the .property line and felt this variance should be granted and the children should not have to live in sub - standard facilities. Vice Chairman Clemson agreed with Commissioner Briggs and stated that the new building would help the children. Commissioner Garvin also agreed and stated that the new building should be approved and this type of home is certainly needed. A motion was made by Commissioner Briggs that the variance be granted based upon the reasons stated and it would not be ad- verse to the community, it will improve the view to the property owners, it would be beneficial for the children that are living there and that the conditions imposed be the following: All conditions of Special Permit Case No. 1323 of the Regional Planning Commission be incorporated into this case and specific- ally including that Halifax Road shall be improved and dedicated to City standards; that the maximum height limit of the proposed dormitory be limited to a one -story building; this variance shall expire and be of no effect unless exercised within a period of one year from and after the date of adoption of this Resolution and the applicant shall file, or cause to be filed, with the City Clerk, a document which the City may record, which shall acknowledge that the owner of the subject property is aware of and accepts the conditions set forth in paragraphs (a) through (d) above, and that the subject property, regardless of any change in ownership is bound by and subject to the provisions of this Resolution and the conditions contained herein. Motion seconded by Commissioner Garvin and carried by the following roll call vote: AYES: Commissioners: Briggs, Clemson, Garvin NOES: Commissioners: None ABSEN!T: Commissioners: Beckley, Johnston Assistant City Attorney Flandrick reviewed the conditions and presented the proposed resolution. Planning Commission Minutes Page Eight Ncvember 23, 1965 Chairman Johnston announced that now was the time and place for the public hearing. Verification of public notice was given by the Secretary. Planning Dir'ecttor Cushman presented the original application. The Chairman ordered same marked Exhibit "A" and made a part of the record. The Planning Director then orally pre- sented factual data pertaining to the case and his written report substantially as given orally was received in evidence by the Chairman, marked Exhibit "B". The maps placed for pu'> 1 i c and Planning Commission view were ordered marked Exhibit "0" and received in evidence. Appearing in favor: Mr. Hulbert R. Stone, 9302 P i tk i n Street, Rosemead. 1r. Stone stated that he wished the commission would grant this request. No one appeared in opposition. After hearing all those desiring to speak a motion was made by Commissioner Garvin that the public hearing be closed. Motion seconded by Commissioner Beckley and carried by the following roll call vote: AYES: Commissioners: Beckley, Briggs, Clemson, Garvin, Johnston NOES: Commissioners: None ABSENT: Commissioners: None Discussion was held on the Conditional Use Permit, with on -sale alcoholic beverages within 200 feet of property zoned R -3. The Commission was in favor of granting this permit. A motion was made by Commissioner Beckley that the Conditional Use Permit be granted because under the circumstances of the particular case, it will not be detrimental to the health, safety, peace, morals, comfort or general welfare to the persons residing or working in the neighborhood thereof, nor be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. Motion seconded by Commissioner Clemson and carried by the following roll call vote: AYES: Commissioners: Beckley, Briggs, Clemson, Garvin, Johnston NOES: Commissioners: None ABSENT: Commissioners: None City Attorney Flandrick reviewed the conditions and presented the proposed resolution. RESOLUT I O'! A. 65-186PC: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY G RANT I NG A C0'UT 10•sAL USE PERMIT NO. 65-1-/6. Title to Resolution No. 65 -166PC was read by City Attorney Flandreik. A motion was made by Comm. ssioner Garvin to waive further rending and adopt. ;ir; ion seconded by Commissioner Beckley and carried by the following roll call vote: AYES: Commissioners: Bec;1 E- -y, 3 r i {gs , Clemson, Garvin, Jr psi`: !.`n NOES: t;,)ne ABSENT: C)an;:is: ;_ 1e s: ,;one 1 1 Planning Commission Minutes November 23, 1965 Page Nine 9-gGgr1=T -1:4 r =1365 9. OLD BUSINESS a. City Attorney Flandrick su'Dmitted the proposed ordinance on Variances and Conditional Use Permits. A motion was made by Commissioner Clemson that the Planning Commission recommend to tha City Council the adoption of this ordinance including any deletions and /or additions. Motion seconded by Commissioner Bricgs and carried by the following roll call vote: AYES: Commissioners: Bec.le y, Triggs, Clemson, Garvin, Johnston NOES: Commissioners; None ABSENT; Commissioners: None 10. MATTERS FRO,i CITY OFFICIALS Planning Director Cushman reviewed the amendment to the Zoning Ordinance regarding land take for public use. City !Attorney Flandrick stated that the Planning Commission should by motion set this item for public hearinc. A motion was made by Commissioner Beckley to set the public hear- ing for January 11, 1966 at the regular Planning Commission Meet- ing. Motion seconded by Commissioner Clemson and carried by the following roll call vote: AYES: Commissioners: Beckley, Briggs, Clemson, Garvin, Johnston NOES: Commissioners: None ABSENT: Commissioners: None 11. ADJOURNMPT r; motion was made by Commissioner Beckley, seconded by Comma sioner Clemson that the meeting be adjourned to a special study session for the express purpose of interviewing a job applicant only, December 21, 1965 at 7 :00 P.. in the North Meeting Room. Motion carried unanimously. Meetinc adjourned at 10:15 P.M. ATTEST: City Clerk