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HomeMy Public PortalAboutMinutes - 1970/01/13 - Regular1110 INITIATION 1. The regular meeting of the Planning Commission of the City of Temple City was called to order by Chairman Lawson at 7:30 P. M. , January 13, 1970. 2. The Pledge of Allegiance to the Flag was led by Chairman Lawson. 3. ROLL CALL: Present: Commissioners: Atkins, Beckman, Dennis, Garvin, Lawson. Absent: Commissioners: None Also Present: City Manager Koski, Asst. City Attorney Neher, Planning Director Dragicevich, and Planning Technician Burnham APPROVAL OF MINUTES: Regular Meeting of December 23, 1969: There being no additions or corrections, Commissioner Atkins moved, and Commissioner Beckman seconded, that the minutes be approved as presented. The motion passed unanimously. 1 1 • PLANNING COMMISSION MINUTES January 13, 1970 UNFINISHED BUSINESS APPROVAL OF RESOLUTION NO. 69 -365PC Relating to Zone Variance Case 69 -303 Asst. City Attorney Neher read title to subject resolution. There being no additions or corrections, Commissioner Garvin moved to waive further reading and adopt. Commissioner Dennis seconded and the motion passed unanimously. 6. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT CASE 69 -304 Mobil Oil Corporation, Owner- Applicant 11001 Valley Mall, El Monte, Calif. Site: 5676 N. Rosemead Boulevard and 9014 Las Tunas Drive, Temple City The Planning; Director informed the Commissioners that the .applicant had submitted a new plot plan for the proposed development just be- fore the meeting, to be referred to as .'2nd Revised Exhibit "A "' The style of building, and location of Tube areas (east side of build- ing), ing), and the distance from the alley, with is in accordance with City standards, were the only differences between this plan and the previous one. There being no questions from the Commissioners, the public hearing was declared open. Mr. Ray Duty, representing the applicant, said the company would be happy to work out any differences and work with the City. In answer to questions from the Commission he stated the roof was aluminum shake shingles colored to resemble wood; the structure was metal covered with brick. Commissioner Garvin referred to the "mushroom- type" lighting being installed in a Mobil Station presently being built in another area. Mr. Joseph Williams, engineer for Mobil, said he was familiar with it, but the concensus of opinion was that this type of lighting, while attractive, was not practical. He went on to say the price sigh at the proposed site ;would be tin, and movable. There being no further questions Commissioner Garvin moved to close public hearing; Commissioner Beckman seconded, and the motion passed. PLANNING COMMISSION MINUTES January 13, 1970 PAGE TWO 1111In Commission discussion the Commissioners were in.agreernent with the new presentation and .had no objections. Commissioner Atkins moved to grant Conditional Use Permit 69 -304 with staff conditions. Commissioner Beck- man seconded,.and the motion carried unanimously. Asst. City Attorney read title to Resolution:70- 366PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A CONDITIONAL USE PERMIT IN CASE NO. 69 -304. Commissioner Beckman moved to waive fur - ther reading and adopt; Commissioner Atkins seconded, and the motion passed unanimously. Commissioner Garvin expressed his appreciation to Mobil Oil for working with the City and presenting an acceptable and pleasing plot plan. Chairman Lawson announced that Items 7 and 8" on the Agenda would be con - sidered.simultaneously. 7. PUBLIC HEARING: CONDITIONAL USE PERMIT 69 -305 ZONE VARIANCE CASE 69 -306 8. 1 • 1 • 1 • Meeker Land Company, Owner 132 Live Oak, .Arcadia, Calif. Curtis E. Spradley, President Tastee Products .of Calif. #1, Inc., Applicant 1100.1 S. Cypress Street„ La La Habra, Calif. Site: 4805 N. Temple City Boulevard, Temple City The Planning Director gave the factual report, stating the request for a Conditional Use. Permit was to allow the applicant to build a new structure, establish and operate a drive -in restaurant in a C -2, General Commercial zone. He explained the plot plan. marked Exhibit "A ", showing proposed development, and gave the factual data on the subject 'property, listing the .staff proposals which are on file in the Planning Dept. The request for a zone variance was to allow the applicant to install a roof sign on the proposed drive -in restaurant which would contain more square footage than allowable by the City Sign Ordinance. The proposed roof sign would have 135 sq. ft, per side, and only 65 sq. ft. is permitted. He concluded by saying that the applicant is re- quired to have 10 parking stalls, but that parking was not a problem in this case as there was a large .parking .area. The parking area was to be resurfaced and striped. The public hearing was declared open. Mr. Curtis Spradley, representing the applicant, stated the rendering of the unit with the sign is exactly as proposed. There will be no other signs exposed or on the surface of that building. This is the standard sign used throughout the area. The present Tastee Freez building has been at that location since 1952, and the company wants to upgrade the building. It will be under new management. In answer to the Commissioners' questions he said the parking area for this activity will be resurfaced and striped and meet the City requirements; the roof is aluminum shake, painted orange, which is a company trade- mark. The company has upgraded all but 9 of 106 locations in the Los Angeles area, and has installed the same size sign or larger. This is a franchised operation, but the parent company exercises some control over the franchisee as to the operation of the business, as to appear - ance and situations that arise on the property, control of business hours. The parent company in La Habra has 32 people who check each operation by calling on it every ,7 to 10 days. Hours of operation are normally 10 P.M. in the winter months and 11 P.M. in the summer. months. PLANNING COMMISSION MINUTES January 13, 1970 PAGE THREE •Mr. Clayton Taylor, 9561 Lower Azusa Road, said he was in favor of this use of the subject property, and pleased to hear the company exercised control over the franchisee as to the operation of the business,.es- pecially its appearance, as he lives near the operation, and in the past has suffered from trash and litter from it. He said this is a new owner and very cooperative. There being no further testimony, Commissioner Garvin moved to close the public hearing. Motion was seconded by Commissioner Beckman and passed unanimously. Commissioner Beckman began the closed discussion by saying he had no ob- jection to the Conditional Use Permit; the business had been at that location a longtime, and this proposal would upgrade the property; how- ever, he saw no justification; for the zone variance. Other applicants are required to comply with the Sign Ordinance, and so should this applicant. Commissioner Atkins agreed that a drive -in restaurant is good on this corner. He felt the size of the sign was superfluous, especially in a residential area; that the building itself is a trademark. Sommissioner Dennis agreed, adding that the sign request does not meet the riteria for granting a variance. Commissioner Garvin concurred; the proposal for. the Conditional Use Permit meets the conditions for granting, but felt the building advertises the business, and was against the zone variance to increase the size of the sign above that allowable under the Sign Ordinance. Chairman .Lawson concurred with what had been said. IIICommissioner Garvin moved to grant Conditional Use Permit 69 -305 with staff proposals, as it meets the conditions for granting ,a Conditional Use Permit. Commissioner Atkins seconded, and the motion passed unanimously. Asst. City Attorney Neher read title to Resolution 70- 367PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING CONDITIONAL USE PERMIT IN CASE 69 -305. Commissioner Garvin moved to waive further reading and adopt. Commissioner Beckman seconded and the motion passed unanimously. 0 ommissioner Beckman moved to deny Zone Variance 69 -306 as it does not meet ny of the conditions for granting.a variance. Commissioner Garvin seconded, nd the motion carried unanimously. Asst. City Attorney Neher read title to Resolution 70- 368PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING ZONE VARIANCE IN CASE 69 -306. Commissioner Atkins moved to waive further reading and adopt; Commissioner Garvin seconded, and the motion passed unanimously. 9. PUBLIC HEARING: CONDITIONAL. USE PERMIT 69-307 Velma D. Riggle, Owner 6759 N. Golden West Ave. Box 1093, Arcadia, Calif. Jim Dandy Fast Foods, Inc., Applicant 10887 Wilshire Blvd., Suite 735 Los Angeles, Calif. Site: 9803 E. Las Tunas Drive, Temple City (Northeast corner Las Tunas Drive and Golden West Avenue) The Planning, Director gave the factual report, stating that the appli- cant proposes to ,build and operate a drive -in .restaurant in a C-2 zone. • PLANNING COMMISSION MINUTES January 13, 1970 PAGE FOUR He explained the plot plan marked Exhibit "A" which shows existing and proposed development, and gave the - factual data on the subject property, listed the staff proposals which are on file in the Planning Dept. The Planning. Director added that the staff suggested that the building be relocated to the southwest corner, which would improve the appearance of the proposal, and traffic circulation would be more efficient. He felt the driveway approaches are too close to the intersection for IIIefficient circulation with the present plan. There being . no ,questions the public hearing was declared open. Mr. Morris Finley, 8439 Ravendale, . San Gabriel, spoke for the applicant, stating the present design is the result of consultations with his client and the City staff. The client has other designs, some of which are strictly for take -out operations. This design has one take -out window, and 8 tables which will seat 32 people for indoor dining. The operators of this food chain are experts in their field, and they feel the location of the building is best for their operation as they must have circulation around the building. This is a.subsid.ized, but not a franchised, opera- tion. The property will be sold, the owner puts in his own people and they operate it themselves. This proposal being offered is a vast im- provement over what is presently there, which is a blight on the appear - nce of the City. The building is of 3" steel columns with fixed glass and ome opaque panels. This is the largest size plan. In answer to questions from the Commission he stated that the mechanical equipment will all be on the roof and screened behind the central section of the roof behind the overhang. He was not sure if this would conceal the mechanical: equipment but was willing to take this as one of the conditions, that mechanical equipment be behind extended .roof line. There was only, one take -out window, and it would not be glass enclosed. Mrs, Doris E. Dyl, 441 W. Leadora Ave.,. Glendora, who owns apartments directly to the north of the subj ect jproperty, said she hoped for a 10 P.M. closing as her tenants are retired, elderly people who do not stay up late. She was concerned about automobile noises. Chairman Lawson ,pointed out that her property is located in a C -2 zone, not residential. Mrs. Lawrence Giovanetti, 5838 Golden .West Ave., spoke against the Condi- tional Use Permit because of the traffic and noise. They had bought a home in Temple City just 1 -1/2 years ago, and did not want another in-and- out business in their vicinity. 0 Mr. Lawrence Giovanetti, 5838 Golden West Ave., spoke against the Condition- ] Use Permit, saying that there is trash thrown into the Temple City Park ow, and rats, and this use will increase both nuisances. Mr. Joseph Benesch, 5842 Golden West Avenue, concurred with M. Giovanetti, adding the City shouldn't "drown out" the residents with drive -in businesses. Mr, S. A. Macallister, 5926 Golden West Ave., felt the proposed use would add to the congestion on Golden West Ave. The frying of chicken would give off .a greasy smell; the wind is generally from a direction that the exhaust would head towards his apartments. He, too, objected to the clos- ing hour because his tenants are retired people. Mrs. Doris Dyl, 44.1 W. Leadora Ave., Glendora, resumed the podium, saying she IIIwas quite concerned about the proposed business, particularly in regards to cleanliness, and her tenants were concerned also, and had asked her to speak tonight. In rebuttal, Mr. Finley stated the Health Dept. supervised the handling of trash very rigidly; there are grease traps and filters in the ceiling, grease traps in the sinks and floor drains. He hopes the proposed use will have lots of business, and feels that Golden West and Las Tunas are capable of .handling the additional traffic. This is not a teenage operation, but chicken dinners to be eaten .. by families, not a meeting ,place for young folks, He stated he had no other rendering to offer, although he had .asked for others. 1 • 1 • 1 • PLANNING COMMISSION MINUTES January 13, 1970 PAGE FIVE Commissioner Garvin stated he would like to see renderings with more detail, and moved to continue the case to the next meeting, as an open public hearing, to allow the applicant to present better renderings. Motion was seconded by Commissioner Beckman and passed unanimously. Chairman Lawson declared a five- minute recess at 9:00 P.M. The meeting was called to :order again at 9:05 P.M. by Chairman Lawson. 10. PUBLIC HEARING: DETERMINATION OF THE EXISTENCE OF A PUBLIC NUISANCE Francis E. Bi l l i e- Owner 4935 "Doreen .Avenue, Temple City The Planning Director announced that notices were'postedas required by law. He then gave a, history of this case. He continued, stating that a report had been received from the Los Angeles County Health Dept. on January 13, 1970, stating an inspection had been made by one of their officials which reported no violation of any existing health legislation. The second letter he had received was from the Los Angeles Fire Dept., dated January 12, 1970, which listed the violations of the Fire Code, which :should .be corrected. In addition to the official correspondence, the Planning Director said the staff received three letters from various individuals and organizations who are in favor of Mr. B,i 1 1 i e ' s Bird Farm, a 1 1 of which are on file in the Planning Dept. In conclusion he read the conditions from the Resolution t hich!.the `Planning Commission. passed at their regular meeting of December 23,_1969, when they decided to hold public hearing on this matter, and said these conditions and the methods of abatement may be changed or added to, as the Commission sees fit. There being no questions from the Commissioners, the public hearing was declared open. Mr. Francis Billie, 4935 Doreen, stated he had lived on the property for 15 years, and always had birds, even before moving to Temple City. He bought this property in Temple City because at that time it was zoned agricultural. Most of his cages are 8 ft. high, with concrete foundations, and a dew -drop waterfeeder. The Building Inspector felt he should have a check valve in this operation and he has no objection. Because he often comes home from .work late and it is dark when he feeds his birds, he has a "sunset" lighting system which slowly dims, taking two hours to do so, so the birds are not suddenly plunged into darkness after they are fed. However, he is not working such long hours, and does not need this system anymore, so will not have to put the electrical wire for it in conduit. He said he has dicidu- ous trees and therefore it is natural he should have leaves. He does have a rodent problem. The Los Angeles County Health Dept, has sup- plied him with considerable amounts of poisons in the past and presently to try to control them. However, the poison only keeps them down, does not get rid of them. When he rebuilds his cages he will use 1/2" Welded wire which will keep out the larger rodents, but the small ones still get in. He feeds his birds in the morning, because if he fed them at night the rodents would get the food. He has 87 birds on his property, and this is not the largest collection of birds in Temple City. The birds vary in size from a flamingo or crane (40" in height), to birds 1 -1/2" in size. In his area his cages would have to be better than the City's specifications. The 1" wide wire required by the City would not keep the rodents out. He agreed to comply with all the items on the checklist, but he would require time to do so. He assumed he had a year to do this. 1 PLANNING COMMISSION MINUTES January 13, 1970 PAGE SIX Armand Arabian, Attorney at Law, acting as counsel for Mr. Billie, stated he had reviewed the documents available to him on this case and raised the question whether this was a public or private nuisance, or whether it might be just a violation of the Health Code. He described a public nuisance as one that affected a.large area and /or a large number of people, whereas a private nuisance would affect a small, neighborhood area and /or a small number of people, The County Health Dept, report states there is no violation of any health legislation. Mr. Billie has lived at this location for 15 years, pursuing his hobby all that time, and if the complainants objecting to this use moved into the neighborhood after he did, they should have been aware, to some degree, of the type of property they were moving next to, and if his use is the oldest, his use comes first. If there is one, or two, agrieved persons, that does not constitute a public nuisance in the legal defini- tion of the word. He concluded by saying that Mr. Billie, according to the letters received from the Los Angeles 'Zoo, and ornithology organiza- tions, is an acknowledged expert in his field, and is a unique individual in this world of conformity. The inquiry here is whether, in fact, this is a public nuisance. Asst. City Attorney Neher replied that Mr. Arabian had referred to a State Ordinance in his testimony, but the State law is not applicable to this hearing. The nuisance being heard was within the City ordinance. 11011r. Mike Marshall, 5104 Doreen, asked how many individuals had complained about subject property, and the Planning Director informed him basically there was one complainant. Mr. Marshall spoke in Mr. Bi l l i e's behalf and felt this was a matter to be resolved between the neighbors; otherwise any individual could lodge a public nuisance complaint against another. Chairman Lawson explained that the City . is obligated to investigate all complaints, and if the complaint is justified, it is the duty of the City IIIto initiate action to correct conditions if such conditions exist. Asst. City Attorney Neher explained further it is not necessary that a complaint be filed; if the staff observes a condition that should be rectified, this can institute corrective action. Mr. Marshall felt this was wrong, and was informed he could discuss this at a City Council meeting if he so de- sired, Mrs. Elsie Juenemann, 4941 Doreen, addressed the Commission, saying that several Councilmen, the City Manager and City Attorney had all investigat- ed the subject property and agreed it was a mess. She stated she could not sell her house because of the condition of Mr. Billie's property, the me11, flies, and appearance. She did not know how far her residence is rom the aviaries, and she admitted she had never actually •put her house p for sale, but under present conditions she feels it would not sell. She admitted to having one pet, a cat, which is no longer with her. Mr. John J. Burnengo, 9425 Pentland, stated when he first moved into this area it was agricultural, but now it is overrun with rats. The aviaries are unpainted _and termite infested, the stench from them makes it imposs- ible for anybody to eat in his backyard. He concluded he was in complete sympathy with Mrs. Juenemann. Mr. Boyce O'Bannon confirmed Mrs. Juenemann's testimony. A four -year abatement period ending last May should apply to Mr. Billie also. He referred to Mr. Billie 's testimony before the City Council that he was IIIable to charge off $2,000 on his income tax, which makes his hobby a business, otherwise he would not be able to .deduct his losses. He felt Mr. Billie is to be commended for being an expert in his field, but that this use should be in an agricultural zone rather than a residential zone. • PLANNING COMMISSION MINUTES January 13, 1970 PAGE SEVEN Mr, Billie, in rebuttal, explained that when he loses a -bird he donates �n i it to the Los Angeles County Museum for study or for display: purposes. ften these are rare birds, worth $100 to $300. He reiterated he is not in business. Mr. Mike Marshall resumed the podium and said he felt that Mr. Billie had one year, within the law, to comply with the standards for aviaries, and he should be granted this time. IIIMr. Bernard Woltermann, 5103 N. Doreen Avenue, admitted the subject property needed cleaning .up, .but did not feel it was a public nuisance, and the complaints against Mr. Billie were instigated by only one person. Mrs. Louise Milicic, 9095 Olive, asked when the ordinance limiting the number of pets became effective. She was told the date, and that all City ordinances are published in the Temple City Times. There being no one else to speak regarding this hearing, Commissioner Atkins moved to close the public hearing, Commissioner Beckman seconded, and the motion carried. Commissioner Garvin opened the closed discussion by questioning whether this actually was.a.public nuisance. The Health Dept. had investigated he property and found no� violations; rats exist in the best and clean - t neighborhoods; aesthetics are not for the Planning Commission to etermine. He felt the Fire Dept, recommendations should be enforced, and all Building and Safety Code violations corrected as far as electrical and plumbing is concerned. Mr. Billie should be required to .bring his aviaries up to the City standards set for the housing of birds. If Mr. Billie is sincere he will do all thes,things, and apply to the City for a permit to pursue his hobby. Inspections by the staff should be every two months to see that he is progressing. If he has not made any effort to cooperate then further steps will have to be taken. Commissioner Dennis asked if the violations of the Building and Safety ode would have to be corrected irrespective of the property nuisance case, and was informed they would. Considering: the Health Dept, report, and the fact that the other violations would be corrected anyway, he could not see that a public nuisance, as such, exists. Commissioner Atkins said he didn't think we have shown this is .a public nuisance. There are conditions that need rectifying. ommissioner Beckman concurred that this didn't seem to qualify as a blic nuisance. He felt Mr. Billie should be granted the same amount of me as anyone else to meet the staff requirements, to clean up the prop- erty, comply with Building and Safety code, and get rid of the fire hazard. Chairman Lawson said from testimony, pictures, and visit to,the site, 1) there is possibility of fire hazard, that the leaves and debris should be cleaned up; the wiring which is in violation should be corrected; 2) main- tenance of property to encourage rodents,- the Health Dept. has eliminated this item as contributing to a public nuisance; 3) when the Building and Safety Code and City standards violations are corrected the accessory structures housing birds should have adequate plumbing devices; and 4) when the property is cleaned up and Mr. Billie complies with the new Pet Ordi- nance under the abatement method this item on the resolution will be resolved. Commissioner Garvin moved that Items 1, 3 and 4 of Planning Commission esolution 69 -364PC do exist. Motion was seconded by Commissioner Atkins nd passed unanimously. After considerable discussion among the Commissioners about the time to be allowed for abatement, Commissioner Beckman moved that the methods of.abate- ment as recommended by the staff be fulfilled within 60 days, with a staff investigation and report within .30 days, said methods to be Nos. 1, 3, 4 1111 nd 5 of Planning Commission Resolution 69- 364PC. Commissioner Atkins econded, and a roll call vote was taken. Commissioners Atkins, Beckman, Garvin and Lawson voted in favor, and Commissioner Dennis in opposition. PLANNING COMMISSION MEETING January 13, 1970 PAGE EIGHT 411/Asst. City Attorney Neher read - Resolution 70-369PC, A RESOLUTION OF THE PLANNING COMMISSION QF THE CITY OF TEMPLE CITY DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND RECOMMENDING ABATEMENT THEREOF. Commissioner Garvin moved to waive further reading and adopt; motion was seconded by Commissioner Atkins and passed unanimously. 11. • 1 PLANNING COMMISSION CONSIDERATION RE TENTATIVE TRACT MAP NO. 28538 5010 Farago Avenue, Temple City The Planning Director stated that this development meets all require- ments of planning and zoning, being zoned R -3. Currently the lot consists of two parcels which will be consolidated into one, and 15 units are to be built on it. He referred them to the Los Angeles Regional Planning Commission Subdivision Committee's report which covered requirements of public works improvements, drainage, utilities,, road improvements, and referred to Item 13 of the report which did not apply -in.this case. Mr. Lewis Webb, Jr., President of Euclid Land and Construction Co., took the podium, gave .to,the .Commission .the findings of a survey made on condominiums, and the type of people who buy into them. He referred to various,condominiums in the area as examples. In answer to questions from the Commission he stated that there is•an, owners' association, which is a non- profit California corporation with no stocks involved, which collects a monthly maintenance fee from owners in the condominium, and this association has the right to put a lien on the property for nonpayment of the fee, or to foreclose, if it should be necessary to do so. The association has a sinking fund to provide for future .repairs and replacement of all exterior materials, which would include such items as a new. roof. Commissioner Beckman moved to recommend to the City Council that Tent. Tract 28538 be approved subject to. staff . recommendations and Subdivi- sion Committee report. Commissioner Atkins seconded and the motion passed unanimously. 12. COMMUNICATIONS • 1 • The Planning Director referred. to a request.by Mr. LeRoy B. Miller of Miller Bros. Floats to rezone the one piece of.R- 1.property to M -1. The other. two parcels were rezoned to M -2 in March, 1969. He requested public hearing on this item be set for February.24, 1970. The Commission agreed to this. The Planning;Director informed the Commission. that the City Council, at their regular meeting of Tuesday, January 6, 1970, reviewed and approved the Planning Commission. recommendations re Tentative Tract Map 30308, with conditions.as outlined by. the Subdivision Committee. Planning D.i.rector Dragicevich referred to notice received from the Building Industry Association of California regarding; Planned Unit Development. This item.will be considered in.conjunct; ion with the General Plan. The Planning Director announced that the San Gabriel Planning Forum invites the Commission . to a talk and discussion on January 14, 1970, in Rosemead, on Conditional Use Permits. Finally, he reported that a letter had been sent by the staff to Harbor Oil Co. concerning their property at Oak and Las Tunas, asking them to maintain the property, in good order and suggesting they, put up post and chain and .proper wording to discourage use as .a parking lot, PLANNING COMMISSION MEETING January 13, 1970 PAGE NINE 41113. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - There was no one. 1 14. MATTERS FROM CITY OFFICIALS - Ther e were non . . e 15. ADJOURNMENT There bei.ng., no further business, Commissioner peQI< man, at 1 1 :30 P. M. , moved that the meeting be adjourned to the next regular meeting of the Planning Commission on January 27, 1970, in the Council Chambers of the City Hall. Motion was seconded by Commissioner Garvin and passed unanimously. 1 Attest: Ac-"fi • 1 • 1 • aiu'71wt -- Chairhan'