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HomeMy Public PortalAboutMinutes - 1970/02/24 - RegularPLANNING COMMISSION MINUTES February 24, 1970 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., February 24, 1970. 2. The Pledge of Allegiance to the Flag was led by Chairman Lawson. 3. ROLL CALL: Present: Commissioners: Atkins, Beckman, Dennis, Lawson. Absent: Commissioners: Garvin Also Present: City Manager Koski, Asst. City Attorney White, Planning Director Dragicevich, Chairman Lawson announced Commissioner Garvin had notified staff he would be unable to attend tonight's meeting for cause. Com- missioner Atkins moved to excuse Commissioner Garvin's absence for cause; Commissioner Beckman seconded, and the motion passed. III4. APPROVAL OF MINUTES: Regular Meeting of February 10, 1970. Commissioner Dennis referred to p. 3, para. 8, wherein motion was made to grant Modification in Case 69 -300, stating that the Commission retains jurisdiction to further modify this condition in the event that use of the parking lot after normal business hours becomes or constitutes a detriment to surrounding. property. There being no further corrections or additions, Commissioner Dennis moved the minutes be approved as corrected; Commissioner Atkins seconded, and a roll call vote was taken. Commissioner Atkins and Dennis voted affirmative, Commissioners Beckman and Lawson abstained, and Commissioner Garvin was absent. 1 • 1 • UNFINISHED BUSINESS 5. CONTINUED PUBLIC HEARING: CONDITIONAL USE PERMIT 69 -307 Velma D. Riggle, Owner 6759 N. Golden West Avenue Box 1093, Arcadia, Calif. Jim Dandy Fast Foods, Inc., Applicant 10887 Wilshire Boulevard, Suite 735, Los Angeles Site: 9803 E. Las Tunas Drive, Temple City (Northeast corner Las Tunas Drive and Golden West Avenue) Planning Director Dragicevich informed the Commission that Mr. Finley, the applicant's representative, had notified the staff that afternoon that new plans are not ready for this meeting but should be ready for the next meeting. The Commission generally agreed that the applicant be granted another continuation of the case, and if no new plans are forthcoming at the next meeting, the case be heard and decision made on testimony pre- sented to that time. Commissioner Atkins so moved, it was seconded by Commissioner Beckman, and the motion carried to continue public hearing on Conditional Use Permit 69 -307 to the meeting of March 10, at which time a decision would be made. PLANNING COMMISSION MINUTES February 24, 1970 PAGE TWO NEW BUSINESS PUBLIC H EARING: CONSIDER RECOMMENDATIONS ATIONS FOR A 1 • 1 1 • CHANGE OF ZONE FROM R -1 to M -1. Leroy Miller - Owner 9352 E. Lower Azusa Road Temple City, Calif, The Planning Director stated it is proposed to recommend change of zone from R -.l, Single Family Residential, to M -1, Light Manufactur- ing. The parcel at 9352 E. Lower Azusa Road is the only parcel zoned R -1 westerly of Miller's Drive. Two additional parcels westerly of the subject parcel, all under one ownership, are both zoned M -1. In 1964 Miller's Drive was not shown as a dedicated street and an error could have occurred in delineating the area facing Lower Azusa Road, proposed as M -1 zone. Staff proposals for a 'Favorable recommendation are on file in the Planning Department. Commissioner. Atkins asked the zoning of the property to the east, from 9366 to 9412 Lower Azusa Road, and was told it was residential, and prior to the City Zoning Ordinance of 1964, it was zoned A -1 (Los Angeles County Ordinance), This included all the property east- erly of Miller Drive. There being no further questions the public hearing was declared open. Mr. Leroy Miller, 9352 Lower Azusa Road, owner of the subject property, stated he bought the property (three pieces) in 1964 with the under- standing that they were M -1. He had been told they were M -1 - there was no falsification. A year or so ago when he had other changes in zoning made, it came to his attention that this property was R -1. In the allocation of zoning, when the City was first established, he felt some of these parcels might have been erroneously zoned. Possibly Miller Drive, which he bought and paid for, was set as a line dividing the subject parcel and the two parcels to the west. When he appeared before the Commission about a year ago he was told to postpone action for the time being until a more opportune time to reclassify the property. Commissioner Atkins asked if the sole use of the property is his home, and if he was using any portion of it for some other use. Mr. Miller replied it is used solely for his home and presently he has no other plans for the use of it, Mr. Raymond Holton, 9334 Lower Azusa Road, bought his property in 1961, and claimed that at that time the zoning from 9352 to the west end of the City was all M -1 below Lower Azusa Road. Mr. Charles Strand, 4815 N. Alessandro, speaking in opposition, felt that residents beyond the 300 ft, radius should have been notified, and that all the property on Lower Azusa Road to Temple City Boulevard should be changed to light manufacturing zone. He spoke against the the camper - trailer business conducted on Mr. Miller's property, and was concerned about Mr. Miller's possible future plans for the subject property. He further felt rezoning of Lower Azusa Road would devaluate his property. He questioned the statement made by the staff that an error had been made in rezoning that property in 1964. The City Manager explained the error was made in the map work, and that property was intended at that time to be rezoned M -.le He continued that there was no plan to rezone the whole area, but just to make a correction of an error made several years ago. PLANNING COMMISSION MINUTES February 24, 1970 PAGE THREE 1110 Mr. Donald Moyers, 4808 Alessandro, asked for a show of hands from the audience for and against the zone change, and said he didn't like "con- venient mistakes ". The City Manager said that a public hearing is held to determine 1) what the people think, and 2) to investigate the facts relating to the case, and then the Commission makes a decision. It was determined that, within the 300 ft. area, 22 residents and the subject property owner were notified, and those in the audience this evening, voting against it, were not a majority of those notified. However, the City Manager continued, a majority vote is not the deciding factor in making a decision on a case. He went on to say that several mistakes had been made on Mr. Miller's property, including Miller's Drive. Mr. Moyers felt there was nothing constructive about the proposed zone change. The present property has a trailer park which is not attractive; the lumber yard, noise, dirt and traffic are all undesirable. He was told that the Traffic Commission had recently inaugurated a number of new restrictions to control traffic and parking at this location. Mr. Moyers said it wouldn't cut down on the noise. Mr. Millard Davis, 4809 Alessandro, stated that he had a petition from a number of residents in that area for the Tax Assessor, asking for a 50% tax cut, but he would await the outcome of tonight's hearing before 1110 proceeding with the petition. If the zone change is approved it would change their approach for a tax cut. (It was explained to him that the City has no property tax). Mr. Raymond Guthrie, 4802 Alessandro, spoke against the noise of traffic on Lower Azusa Road. Chairman Lawson said a residential area should not be situated on such a busy street, and this idea should be kept in mind for future planning of the City. Mr. Gary Barker, 4827 N. Alessandro, doubted that this "mistake" would hold up in court. If the City continues to rezone R -1 property to less restrictive uses, he felt property values would go down and taxes would go up. The question was raised whether Mr. Miller paid taxes on the subject property as M -1 or R -1, and the City Manager explained that the County Assessor's maps .showed that property as R -1, that was the use on the property, and it was reasonable that R -1 taxes would be assessed. In rebuttal, Mr. Miller stated that he has a City license for selling campers on his property which is zoned M -1. He is aware of the noise from the lumber yard and the street. He is not bothered by the saws, but if others are, he would like to be made aware of it. He told how he first learned that his property, which he bought as M -1, was actu- ally R -1. Commissioner Dennis asked when he first realized this, and Mr. Miller replied about 1964 -65, about the time Miller's Drive was im- proved. He said he brought it up to the Commission two years ago, but there was no urgency. The Planning Director had had time to analyze it now, and concluded an error had been made. 1 Commissioner Beckman moved the public hearing be closed. Commissioner Atkins seconded, and the motion carried. Commissioner Beckman said the Commission is concluding work on the Gen- eral Plan, which might involve other changes along Lower Azusa Road. He suggested this action be postponed until after the General Plan is final- ized. The other Commissioners agreed. Asst. City Attorney White sug- gested a postponement of 90 days, at which time the progress of the General Plan adoption can be reviewed. Commissioner Beckman moved Zone Change 70 -310 be continued for 90 days. Commissioner Atkins seconded and the motion passed. • h: PLANNING COMMISSION MINUTES February 24, 1970 PAGE FOUR • 7. COMMUNICATIONS A. The Planning i mentioned g rector m Q a letter received from Charles A. Marshall, addressed to the City Council with copy to the Planning Commission, supporting the Commission in their denial of a Conditional Use Permit to Standard Oil Co. B. The Planning. Director referred to copy of letter received from the League of California Cities regarding the proposed PUC order regarding location of new utility generating facilities and trans- mission lines. 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - There was no one. 9. MATTERS FROM CITY OFFICIALS - There were none. 10. ADJOURNMENT 1 • There being no further business, Commissioner Beckman moved to ed- journ.to the next regular meeting of the Planning Commissipn on March 10, 1970, in the Council Chambers of the City Hall. Commis- sioner Atkins seconded, and the motion passed. Meeting.adjoyrned at 8:45 P.M. ATTEST: ecr"'etary • Chairman