HomeMy Public PortalAboutMinutes - 1971/11/23 - Regular1
PLANNING COMMISSION MINUTES
November 23, 1971
INITIATION
1. The regular meeting of the Planning Commission of the City of Temple
City was called to order by Chairman Dennis at 7:30 p.m., November
23, 1971, in the Council Chambers.
20 The Pledge of Allegiance to the Flag was led by Chairman Dennis.
3. ROLL CALL:
Present: Commissioners - Lawson, Startin, Dennis
Absent: Commissioners - Atkins,, Garvin
Also Present: City Manager Koski, Asst. City Attorney White and
Planning Director Dragicevich.
Commissioner Startin moved to excuse Commissioners Atkins and Garvin
for cause; motion was seconded by Commissioner Lawson and passed.
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4, APPROVAL OF MINUTES - November 9, 1971:
There being no additions or corrections to the minutes, Commissioner
Lawson moved they be approved as written, seconded by Commissioner
Startin and passed.
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CONTINUED PUBLIC HEARING:
CONDITIONAL USE PERMIT CASE 71 -359
Site: 5921 North Temple City. Boulevard
Request: Allow sale of alcoholic beverages in the
proposed cocktail lounge and restaurant
The Planning Director reported that the Planning Commission, at their
last meeting, had referred this case to the Parking Commission for
their recommendations. The Parking Commission met in special session
November 17, 1971, and reviewed off - street parking facilities relating
to subject case, and had no specific recommendations because of split
vote. He concluded by summarizing the basic issue in this case which
is whether the sale of hard liquor, in the proposed. cocktail lounge
and restaurant, shall be allowed inasmuch as it will be located within
200 ft. of residentially-zoned properties.
The Chairman announced this case was a continued open public hearing.
Mr. Gagnon, 11332 E. Washington Boulevard, Whittier, applicant, spoke
to the matter, saying that, in his opinion, Mr. Nunamaker should have
abstained from voting at the Parking Commission special hearing as
there was a conflict of interests,
Mr. Al Nunamaker, Chairman of the Parking Commission, stated he had
nothing whatsoever to do with the parking lot in question. Property
owners adjoining that lot donated a portion of their property to the
City for development into a City -owned and maintained parking lot,
PLANNING COMMISSION MINUTES
November 23, 1971 -2-
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Mr. Gagnon apologized and stated he misunderstood the situation; he
further contended that, if this property was donated to the City for
public parking lots, and City funds built and maintained the lots,
everyone has the right to use them.
City Manager Koski gave a background in developing the various park -
ing lots and districts in the City, and concluded that the Parking
Commission is concerned about the overall demands m is there going to
be sufficient parking for the proposed development.
-Mr. Gaghon did not understand why he had to apply for a conditional
use permit as presently he has a beer license and could be operating
legally without such permit. The Asst. City Attorney explained that
the applicant's intention to add hard liquor requires a conditional
use permit according to the City ordinance, just as ABC requires an
additional license. The applicant is, in fact, expanding his opera-
tions. Mr. Gagnon continued that, while most beer parlors do little
business after 9 o'clock, this is the time when establishments serv-
ing hard liquor start doing business.
In the ensuing discussion, the Commissioners felt that the permit should
be granted. Commissioner Startin said every business has parking prob-
lems. Because of the nature of the business, their activities will be-
gin after 7 p.m. when other businesses are closed. Commissioner Dennis
added that other merchants have right to expand their business even
though it might create a parking problem.
Commissioner Lawson moved to close public hearing, seconded by Commis-
sioner Startin and passed. '_Commissioner Lawson then moved to grant
Conditional Use Permit Case 71-359, with staff conditions, based upon
the fact that it meets conditional use permit requirements for grant-
ing. Motion was seconded by Commissioner Startin and passed.
Asst, City Attorney White read title to Resolution 71- 440PC, A RESOLU-
TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING
CONDITIONAL USE PERMIT IN CASE NO. 71 -359. Commissioner Lawson moved
to waive further reading and adopt, seconded by Commissioner Startin
and passed.
6. PUBLIC HEARING: ZONE VARIANCE CASE NO. 71 ®361
Kenneth and Laura J. Coles - Owners/Applicants
Site: Same
The Planning Director gave the factual report on subject case, stated
the applicant proposes to expand existing day care center (licensed
for six) to ten (10) children in an R -1 zoned property. He referred
to plot plan. marked Exhibit "A" showing existing development, gave
factual data on the property, and listed the conditions staff proposes
if case is granted. He concluded by saying that the Coles, under the
City's previous zoning ordinance, rdlich went into effect in 1964, had
the right to care for six children.
In answer to questions from the Commissioners, he stated sidewalks
were required if the application is granted per public works recommenda-
tion, in line with plan envisioned for this area. The Planning Director
added there .must be a need for such service in this particular neighbor-
hood and, in fact, the demand for such service is increasing in resi-
dential communities.
The public hearing was declared open.
Mr. Kenneth Coles, applicant, 4932 McClintock, Temple City, addressed
the Commission saying that the request to expand was not for material
gain, but because they wished to continue to care for children before
and after school hours, in addition to the six pre-schoolers they have.
Their premises have been investigated, as have they, by the State, in
order to have a license to care for children. He read a letter from
Mrs. Robert Monaco, 5521 Welland, commending them on the type of care
PLANNING COMMISSION MINUTES
•November 23, 1971 -3
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rendered her child at their home. He concluded by saying he would
put in the sidewalk, per staff proposals; however, it would be the
only one on the block.
Mrs. Robert Monaco, 5521 Welland, spoke in favor of granting the
application, saying the children were well supervised and happy at
the Coles' home,
There was no one else to speak in favor., and no one to speak against
the application.
In informal discussion, Commissioner Startin stated he had visited
the premises and was i n favor of granting . the zone variance. Com-
missioner Lawson was not in favor of expanding the use. The Coles,
by caring for six children, have a nonconforming use, and granting
their request would not accomplish what the - -- Commission hopes to do,
i . e, , . phase out nonconforming uses,
Chairman Dennis announced the case would be continued to the meeting
of December 14th as an open public hearing, and let the other Com-
missioners listen to the tape and read the minutes, Commissioner
Lawson so moved, seconded by Commissioner Startin and carried.
7; PUBLIC HEARING: CONDITIONAL USE PERMIT CASE N0, 71 -362
N. B. Stach ler; Co, , Inc., Owner
P.O. Box 574, Iemp-le City
Gordon 1. Troutman, Jr, , Agt. for Lessees,
Applicant
4905 Persimmon Avenue, Temple City
Site: 9664 E. Las Tunas Drive
Director Dragicevich gave staff report, stating that applicant pro-
poses to establish and operate a coffee house -youth center in a C -1
zone (Retail Commercial). He read additional information supplied by
the applicant regarding sponsors, purpose of the center, and method
of financing, gave the factual data on the subject property, and
listed staff proposals. In conclusion he said this item was brought
to the attention of the Parking Commission at their special meeting,
and they unanimously- agreed that the existing off - street parking at
this site is inadequate to meet the demand of the proposed use,
The public hearing was declared open.
Rev. Jim Thomann, 5956 Golden West, and Mr. Gordon Troutman, 4905.
Persimmon, offered to answer any questions. They explained the coffee
house will serve two purposes; 1) give youth of the City a place to
meet and have soft drinks and also sandwiches, and 2) counseling will
be provided by ministers and theology students who will volunteer
their time. The youth will be under adult supervision. The aim is
to establish good rapport with the youth and guide them into a bible
study program. I t will have limited recreational facilities. Hours
of operation are intended to be late afternoon and evening. It is
not intended that the coffee house will operate in conflict with the
area's businesses as far as parking is concerned. The funds to es-
tablish the coffeehouse are from three churches, but once established,
it is hoped it will be self- sustaining. It will be open to high- school
and college youths and young adults. Small group meetings are
scheduled for the late afternoons, and the majority of the program
will be from 6 to 11:30 p. m.
Al Nunamaker, Chairman of the Parking Commission, stated that Commis-
sion's unanimous opinion was against granting the application because
of insufficient parking. He further stated that the proposed use
will be located in the newly created C -1 zone, and it is not a permitted
use in that zone, If this use is permitted, the bars will be down to
prevent other uses, not presently permitted, from coming into that zone,
PLANNING COMMISSION MINUTES
November 23, 1971
Mr. and Mrs. Robert Jenson, 5837 Kauffman Avenue, objected to the
proposed use and were concerned about the probability of late night
4111 noise. Mrs. Jensen said she was representing Mrs. Bessie Caldwell,
5843 Kauffman Avenue, and Mrs. Forest Wilkenson, 5817 Kauffman
Avenue, who could not attend this evening.
Mr . John Ankeny, 5208 Arden Drive, suggested that a study be made
to determine why two coffee houses have failed in the area, and sug-
gested further that more information be gathered about these opera-
tions before approving the application.
Mr, Gordon L. Troutman, 4905 Persimmon, .,i in .rebuttal, stated three of
the churches in the area were involved in establishing the coffee
house, and not the Ministerial Alliance (which Mr. Nunamaker had
questioned); he felt the distance from the building to the end of the
parking lot was great enough that noise disturbing residents to the
south would not be a factor. The Committee had investigated other
coffee houses, both those that had closed and those that are operat-
ing. He could not guarantee there would be no problems, There will
be automobiles in the area - they are in the area now. They will
encourage youth to share rides, ride bicycles and walk, if possible,
to lessen the automobile problem and because they are ecology- minded.
In informal discussion Commissioner Lawson expressed approval of the
proposal as there is a need for such facilities for the City's youth.
Commissioner Startin congratulated the three organizations involved,
and agreed a need existed for such a facility, but did not think this
is the right area, as this area is zoned for retail shopping. He
would be in favor of the proposal if located in a different place,
Commissioner Lawson moved to continue Conditional Use Permit Case No.
71 -362 to the next regular meeting on December 14th, seconded by Com-
missioner Startin and passed,
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18. PUBLIC HEARING:
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DETERMINATION OF EXISTENCE OF A PUBLIC NUISANCE
Mr, and Mrs. Charles T. Sautter - Owners
864 W. Garvey Boulevard, Monterey Park
Site: 9860 Val Street, Temple City
Director Dragicevich reviewed the history, of this case, and said at
the October 26th Planning Commission meeting a resolution was passed
to conduct a public hearing to determine the existence of a public
nuisance, and date was set for November 23rd, That resolution listed
the violations which .exi sted" on the property and methods of abatement.
Matter before the Commission tonight is-to determine if this property
is a public nuisance.
There was no one present to represent the property owner,
Mr, Glen Montgomery, 9861 Val- Street, said property had been vacant
for 10 years, purchased by an elderly couple, Their daughter lives
across the street from subject property, and her husband, when he
was living, tried to maintain the grounds. Presently the property
is very unsightly and a fire hazard.
Mr. Harry Fletcher, 746 W. Val Street, said house was vacant for 12
years, He, too, attempted to care for the shrubs and grounds, He
spoke about the overgrown vegetation and danger of hippies moving in,
Mr. Jim Bullard,. 740 Val Street, said house and property are a terrible
eyesore and fire hazard,
Kathleen Camp, 9861 E. Estrella, said trespassers were going through
her property (and doing damage) to reach subject property, and men-
tioned the rats she has seen there.
PLANNING COMMISSION MINUTES
November 23, 1971 -5-
Mr.. David Voors, 731 W. Val Street, said the subject property was an
eyesore and something should be done to alleviate the situation,
The Planning Director stated Mrs. Sautter had contacted him that after-
noon, saying her husband was ailing, and since she did not drive, she
would be unable to attend; however, they planned to move into the
house themselves within two months.
Mr. Max Maudlin, 9840 Val Street, said for the last ten years he has
been told the Sautters were moving into subject property "within two
months ". He suggested a definite date be set when the Sautters must
occupy the property. He was complaining because of the fire hazard.
In informal discussion Commissioner Startin asked if a regular maintain
ance could be ordered for the subject property; and charged to the owner.
The Asst. City Attorney said that, since the charges for such service
must be attached to the tax bill, it would not be feasible,
The Commissioners were in agreement that a public nuisance does, in
fact, exist at the subject address, and the conditions listed in
Resolution No. 71 -434PC do exist, and abatement by methods described
in that resolution should be recommended to the City Council. Com-
missioner Lawson moved that resolution be prepared to this effect, in
accordance with Section 9480 of the Temple City Municipal Code.. Motion
was seconded by Commissioner Startin, on the basis of 60-day time
limit.
Asst, City Attorney White read title to Resolution No. 71 -441 PC, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY
DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND RECOMMENDING ABATE-
MENT THEREOF. Commissioner Lawson moved to waive further reading and
adopt, seconded by Commissioner Startin and passed.
PUBLIC HEARING: CONSIDER RECOMMENDATION TO AMEND THE TEMPLE CITY
MUNICIPAL CODE RELATING TO UNDERGROUNDING OF
UTILITIES
The Planning Director referred to proposed draft of amendment to
ordinance, and stated this draft was the result of several study
sessions held with Planning Commissioners and members of the utility
companies.
Sections 8700, regarding where it will be required to underground
utilities,. and Section 8701, regarding surface equipment, the Com-
mission decided needed refinement. Under Section 8704, Appeals, it
was pointed out by Attorney White, in answer to questions, that an
appeal on request for exception may not be considered by the Zoning
Modification Committee as this Committee has no jurisdiction to rule
on such matters.
The Public Hearing was declared open.
Mr, Al Millham, 9809 Daines Drive, representative of the Pacific
Telephone Company, spoke to Section 8701 regarding surface equipment.
He explained that terminal boxes for telephone equipment serve
several residences from one location, and the Public Utilities Com-
mission allows these boxes above ground in areas where the utilities
are underground. They can be located where it will be possible to
conceal them by bushes. These boxes must be kept dry, and putting
them underground would subject them to moisture.
Mr. Bob Green, 59462 Temple City Boulevard, representing the Southern
California Edison Company, also was in favor of the terminal boxes
being allowed above ground, for reasons of economy for the builder
and /or customer.
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P L A N N I N G C O M M I S S I O N M I N U T E S
N o v e m b e r 2 3 , 1 9 7 1 - 6 -
A f t e r f u r t h e r d i s c u s s i o n a m o n g t h e C o m m i s s i o n e r s , i t w a s d e t e r m i n e d
t h a t t h e s t a f f a n d C i t y A t t o r n e y w o r k t o g e t h e r t o c l a r i f y p o i n t s o f
d i s c u s s i o n i n t h e d r a f t . T h e r e u p o n C o m m i s s i o n e r S t a r t i n m o v e d t o
c o n t i n u e h e a r i n g t o D e c e m b e r 1 4 t h m e e t i n g , s e c o n d e d b y C o m m i s s i o n e r
L a w s o n a n d p a s s e d .
1 0 , C O M M U N I C A T I O N S . - T h e r e w e r e n o n e .
1 1 . T I M E F O R T H O S E I N T H E A U D I E N C E W H O W I S H T O S P E A K
M r . M a t t : N . E n g 1 i s h , M a n a g e r o f t h e T e m p l e C i t y C h a m b e r o f C o m m e r c e ,
i n t r o d u c e d N o r m a M o r a s c o , S e c r e t a r y o f t h e C h a m b e r , ' w h o w a s o b s e r v -
i n g t h e P l a n n i n g C o m m i s s i o n m e e t i n g .
1 2 . M A T T E R S F R O M C I T Y O F F I C I A L S
C i t y M a n a g e r K o s k i a s k e d w h i c h w e e k e n d i n J a n u a r y w o u l d b e o p e n b y
t h e m a j o r i t y , o r a l l , t h e C o m m i s s i o n e r s , f o r t h e C i t y s e m i n a r . I t
w a s d e t e r m i n e d b y t h o s e p r e s e n t t h a t t h e w e e k e n d o f J a n u a r y - 2 2 - 2 3 r d
w o u l d b e o p e n .
C h a i r m a n D e n n i s a s k e d s t a f f t o i n v e s t i g a t e a s u s p e c t e d z o n i n g v i o l a -
t i o n r e p o r t e d t o h i m b y C o m m i s s i o n e r G a r v i n , a n d t w o h e h a d o b s e r v e d .
4 1 1 1 1 3 . A D J O U R N M E N T
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T h e r e b e i n g n o f u r t h e r b u s i n e s s , C o m m i s s i o n e r L a w s o n m o v e d t o a d j o u r n
t o t h e n e x t r e g u l a r m e e t i n g o n D e c e m b e r 1 4 , 1 9 7 1 , s e c o n d e d b y C o m -
m i s s i o n e r S t a r t i n a n d p a s s e d . M e e t i n g a d j o u r n e d a t 1 0 : 0 0 p . m .
f h a i r m a n