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HomeMy Public PortalAboutMinutes - 1967/09/12 - Regular1 1 PLANNING COMMISSION MINUTES CITY OF TEMPLE CITY September 12, 1967 1 The regular meeting of the Planning Commission of the City of Temple City was called to order by Chairman Beckman at 7:30 P.M. 2. The Pledge of Allegiance to the Flag was led by Chairman Beckman. 3. ROLL CALL: Present: Commissioners: Garvin, Lawson, Millham,Oakley,Beckman. Also Present: City Manager Koski, City Attorney Flandrick and Planning Director Dragicevich. 4. APPROVAL OF MINUTES: Regular meeting of August 22, 1967. Com- missioner Garvin moved the minutes be approved as presented, and it was seconded by Commissioner Millham. A roll call vote was taken: AYES: Commissioners: Garvin, Millham and Oakley ABSTAINING (Due to absence at meeting of August 22nd): Commissioner Lawson and Chairman Beckman. 5. OLD BUSINESS: A, Zone Variance 67 -232: Planning Director Dragicevich informed the Commission the applic- ants had not received a letter of authorization from the owners to conduct motorcycle sales and service, but that he had conversa- tion with them earlier in the day (Sept. 12th) and they felt reasonably certain that a letter would be forthcoming shortly. Commissioner Oakley moved the hearing be carried over to the next meeting of the Planning Commission, and Commissioner Mill - ham seconded and it was so moved. Commissioner Garvin brought to the attention of the Commission the fact that the applicants were conducting sale of motorcycles presently, and Chairman Beckman advised that the City Manager would investigate and handle this matter. B Honda of Temple City: Planning Director Dragicevich gave a report on the findings of the Staff relative to the subject operation. Mr. Smith, manager of the property in question assured him that the Temple City Auto Service was in existence since 1959; later business expanded and they began repairing motorcycles and then selling motorcycles. They had no license for retail sales as the County did not require any for motorcycle repair since there was no other classification for this type of use, but they were licensed under "auto repair." The previous use of the property was as a car agency (before 1959) which was a permitted use. They contacted Mr. Cushman, planning advisor for the City of Temple City at that time, and were assured this was proper use for this location. The staff attemoted to contact Mr. Cushman during the past week and the week previous, and was unsuccessful because Mr. Cushman was on vacation. Commissioner Oakley asked if this is a non - conforming use, and was told by the Planning Director that it was, and that the abatement period would be about ten years, and would start from 1964. Mr. Stanley Van Amburgh, a partner in Honda of Temple City, spoke in behalf of himself and Mr. Smith, stating they started the Honda business in 1964, that they initially contacted Honda about it, and in about August, before anything was done about going into motorcycle business, they contacted the City. He stated they talked to Mr. Koski and Mr. Tyrell and others, describing what they wanted to do, and that these men gave their approval. Now Honda of Temple City faces the possibility of being put out of 1 PLANNING COMMISSION MINUTES SEPTEMBER 12, 1967 PAGE TWO. business in ten years. He stated they had contributed to the City a "little bit" and they would like to do a lot more with the property. They do not own the property, and the owner is not willing to sell, but they do keep it clean and respectable. Commissioner Oakley said he felt the fact that a citizen complained of the noise had to be investigated. Mr. Van Amburgh stated that when the factory delivers a motorcycle it is a quiet operating vehicle, but they cannot prevent a person from removing the muffler once he has purchased the vehicle and takes it off their property. Mr. Van Amburgh asked how many complaints the City had received about his operation and the City Manager said there had been none to his knowledge, and it was stated that the point for consideration was whether this was a conform- ing use for the zone in which it is located. Commissioner Garvin explained to Mr. Van Amburgh why his business was under investigation, that Mr. Jackson, a citizen of Temple City, had addressed the Commission at the meeting of August 22, 1967, asking why the applicants in Zone Variance Case 67 -232 were not being allowed to sell motorcycles and repair them, when Honda of Temple City had this privilege and were located right down the street. At that time the • Staff had been requested to investigate the licensing history of Honda of Temple City and give a report at this meeting. Chairman Beckman said if they are operating under approval that has an abatement period they are performing legally. The City Manager stated there had been no complaints from citizens on the business. He further stated that there is no business under abatement in the community, and that if an abatement period is in order after investigation that the business owners or operators would be duly notified when the abatement period would start, but presently there has been no abatement action in the City of Temple City. Commissioner Oakley moved to postpone further discussion on the matter until the Staff can present a verified report for all interested people. Commissioner Millham seconded and it was so moved. 1 • 1 • 6. COMMUNICATIONS: City Manager Koski referred to :the.:lcOpy of: a: letter _which. was : dated August 9, 1967, from Mr. John Shaw, who is legal representative for the applicants in Zone Variance Case 67 -230, and stated that the Planning Commission decision had been appealed to the City Council. They referred it back to the Planning Commission for clarification before the Council holds a public hearing oni:t. City Attorney Flandrick reviewed the history of the situation - that when the Commissioners originally'considered the list of uses they considered a number of types of operations - automatic car wash :type with belt, coin operated and by hand as an accessory to a service station, (which meant a man in the back who washed cars which was an accessory service to that operation). Somehow in transmittal of the ordinance to the City Council,and their adoption of it, the first two items were left out of all zones except CM. At the present time there is as a permitted use a "ferhan.i,cal auto_ wash" in the C -M zone and a "car wash (by hand)" i n 'C42, andr i t doesn't make sense unless it was the initial intention of the Commission to-- -include these in C -M zone. At the moment he advised the Commissioners they could acceed to Mr. Shaw's position and determine that the coin operated type of car wash in fact is a hand operation which is contrary to the facts as pre- sented in the Zone Variance case, or, by clarification to the City Council that it is a permitted use, or go for a Conditional Use Per- mit, or perhaps an urgency ordinance. PLANNING COMMISSION MINUTES September 12, 1967 PAGE THREE Commissioner Oakley .stated that at the previous meeting it mzs made • clear that a': coin operated . tar. wash was not compat i b':1 to a C ;; 2• zoneiJ . City Attorney F l and:r ick: stated .he ,was: n:ot, present zt that meeting,—but. it was a.dangero:us: thing to tr.:y ,and .'remember what was tha::feel'ng•:or : •_intention:of'wh.at occurred at past meetings. Chairman Beckman declared the public hearing open. Mr. John L. Shaw, 5816 Temple'City Boulevard, gave a brief history of the case, particularly that the application was filed under the old ordinance, and the new ordin, ance was not public. There was no mention of"car wash by handuor any in -. formation. The entire discussion had to do with whether or not under the old ordinance this came under C-2. Since then the new ordinance came out and was published, and after reviewing publication he noticed publication concerning this particular use. There is a distinction between "mechanical " and "by hand". No evidence was taken whether there was anything mechanical. Car wash as such simply was not permitted in the C -2 zone. At the meeting of July 25th.no one pursued the point of whether it was mechanical or by hand. He said this is not a mechanical operation in any sense of the word, and presented to each of the Commissioners a pamphlet prepared by the manufacturer, showing the proposed operation. He pointed out it was noth; ing more than a few stalls with a pump which dispenses through a hose water and cleaning fluid. There would be two to four stalls in this opera- tion. The person drives his car into a stall, puts in a coin in the slot, • gets up to six minutes of water pressure to wash his car. The customer does the work himself. 1 • 1 • In answer to questions by the Commissioners the City Attorney stated that they were operating under the new ordinance. Commissioner Garvin commented that all the Commissioners had thoroughly gone over the Ordinance prior to its adoption, and perhaps in the trans- mittal some things had changed or been left out, but it was certainly not the intention of the Commissioners to put this type of operation in this zone. Chairman Beckman felt it was not the right of the Commissioners to enforce the ordinance by intentions but that it had to be taken liter- ally. The City Manager informed the Commission they were called upon to make a clarification and determination - is this mechanical or not. Chairman Beckman stated he had seen the operation on Rosemead and Olive and felt it was very much by hand. City Attorney Flandrick said whatever the Commission's determination is,... that it not be in the form of a Clarification of Ambiguity, but that they recommend to the City Council that they accept or reject or modify their recommendation by an urgency ordinance because there is now a matter pending before the Council for a public hearing on a zone variance that, whatever the Commission's action.is, if it is concurred in by the Council would either make that variance - confirm it and make it required as it was under the old ordinance when he filed the application or make it a permitted use. The City Manager said a resolution clarifying the ambiguity that appears to exist be recommended to the City Council to permanently clarify the intent of the ordinance. The public hearing is scheduled on September 19th before the City Council. Whatever action they take on the resolu- tion will determine whether that, public hearing is held or not. This issue must be confirmed or denied by the City Council before they know what to do with the case - whether to hear the case or dismiss it. Commissioner Garvin made a motion that ,a r.esotution.be••prepared recom- mending to the City Council the clarification of ambiguity relating to car washes. Commissioner sriilllham seconded, and it was carried with Chairman Beckman casting the only negative vote. City Attorney Fland- rick read Resolution No. 67 -269PC and it was adopted. 1 1 PLANNING COMMISSION MINUTES September 12, 1967 PAGE FOUR The discussion then was concentrated on the deletion of car washes from the C -2 zone and ammending the C -M zone of 'the existing ordin- ance by including all types of car washes - whether automatic, coin operated or by hand - and recommending to the City Council to adopt an urgency ordinance to control the development of these uses. Dur- ing the Interim Ordinance the Planning Commission would hold a public hearing to recommend the changes to be included in the existing zon- ing regulations. A motion relative to this matter was made by Commis- sioner Garvin and seconded by Commissioner Millham and it was so moved. 7. MATTERS FROM CITY OFFICIALS The City Manager reminded the Commissioners of the City Picnic on September 23rz1, aid -added the same Marine Band would play. 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK Mr. Shaw, 5816 Temple City Boulevard, spoke, stating that he felt the citizens of Temple City were not sufficiently informed of what the new zoning ordinance consisted of, and what consequences could come from this particular ordinance. It was published after it was passed. Regarding the non - conforming use in the new zoning ordin- ance there are a number of non - conforming uses in the City of Temple City. If the merchants were aware of what was occurring as far as zoning is concerned they would have heard from them. He anticipates there will be many problems with non - conforming uses: .People aren't aware of the very restrictive zoning that has gone into effect. There was a blast recently at the City Council that it was over - ruling the Planning Commission decisions - Mr. Shaw felt that the Planning Com- mission is over- technical. At this meeting he hoped and expected them to be technical and they were just the opposite - they weren't technical, and went against the facts. He felt some latitude should be considered - property owners in Temple City have difficulty rent- ing commercial property, and that the community as a whole must be considered. Commissioner Garvin, in rebuttal, stated that the public had been informed on two different occasions of hearings being held on the new zoning,ordinance in the Temple City Times on the front page and no one appeared. Also there was a committee selected by the mer- chants of Temple City to work with the Commissioners in preparing the Zoning Ordinance and a great many of their recommendations were incorporated into that ordinance. Chairman Beckman said there were three separate meetings with four members,:-Chamber of Commerce representatives, working on the new zoning ordinance. When they had the final public hearing all the people came.and said they didn't hear about it. The City Manager added there..was..-very little change - only issues within.the zones. The primary purpose of the new ordinance was to clarify and make the mechanics of it :eas i er.: .: to the man in the field. The Planning Director stated it also inc141ded all the ammendments passed since 1964. Mr. C. F. Guida, 5014 Temple City Blvd., addressed the Commission, concurring with Mr. Garvin about the amount of work and effort that went into the preparation of the new zoning ordinance, but he also concurred with Mr. Shaw's opinion that more latitude could be practiced in the handling of the Planning Commission cases. " 1 1 PLANNING COMMISSION MINUTES September 12, 1967 PAGE FIVE Chairman Beckman replied that if latitude were extended to one person the next person would also expect it, and what rule could be used as to when and how much latitude was to be granted. City Manager Koski explained that in the enforcement of the zoning ordinance there was a provision made for latitude, and that was in the zone variance, that this was the way to proceed. The use of latitude indiscriminately is a two -edged sword and could be very dangerous. 9 ADJOURNMENT There being no further business Commissioner Millham moved to re- cess to an adjourned meeting in the North Meeting Room for further study of the proposed sign ordinance. It was seconded and carried. The meeting adjourned at 9:00 P.M. The next regular meeting of the Planning Commission will be September 26, 1967 at 7:30 P.M. in the Council Chambers of the City Hall, 5938 Kauffman Avenue, Temple City. AC-04- Se'creta ry' "