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HomeMy Public PortalAboutMinutes - 1973/05/22 - Regular" INITIATION " 1. CALL TO ORDER PLANNING COMMISSION MINUTES May 22, 1973 The regular meeting of the Planning Commission of the City of Temple City was called to order by Chairman Garvin at 7:30 P.M., May 22, 1973, at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance to the Flag was led by Chairman Garvin. 3 . ROLL CALL: Present: Commissioners Atkins, Lawson and Garvin Absent: Commissioners Beckman and Collister Also present were City Manager Koski, Asst. City Attorney White, Planning Director Dragicevich and Planning Technician Burnham. Commissioner Atkins moved to excuse Commissioners Beckman and Collister's absence for cause. Motion was seconded by Commissioner Lawson and carried, 4. APPROVAL OF MINUTES m April 24, 1973 There being no additions or corrections to the minutes, Commissioner Atkins moved they be approved as written. Motion was seconded by Commissioner Lawson and carried. 150 " 1 " PUBLIC HEARING: DETERMINATION OF EXISTENCE OF A PUBLIC NUISANCE Mr, Bi l 1 Cox 9469 La Rosa Drive Planning Technician Burnham gave the background on this case, stating that the City first corresponded with Mr. Cox in January, 1972, and following notification, the property was cleaned and maintained, but the condition of the property deteriorated again and the owner was again notified to rectify the objectionable conditions thereon. No response was received. In the meantime, Shirley Realty sold the property. Recently the condition of the property has again improved. Escrow is due to close in two weeks, and it was the staff's recommenda- tion to continue the public hearing to June 26, 1973, meeting. Com- missioner Atkins moved to continue the public hearing to June 26, 1973; motion was seconded by Commissioner Lawson and carried. 6. PUBLIC HEARING: CONSIDER RECOMMENDATION TO AMEND THE TEMPLE CITY MUNICIPAL CODE RELATING TO ZONING CLASSIFICATION FOR UPHOLSTERY FABRICS AND SUPPLIES, RUGS AND CARPETS, AND FURNITURE REPAIR AND UPHOLSTERY Director Dragicevich gave the staff report, stating the Planning Commission passed Resolution ,73 �495 PC on April 10, 1973, recommending clarification of ambiguities in the zoning code relating to retail sales of upholstery fabrics and supplies, retail sales of rugs and carpets, and furniture repair and upholstery. These uses were not classified in any permitted uses of either the Commercial or Industrial zones. The City Council, on April 17, 1973, concurred with the Planning Commission recommendation and the Commission set public hearing for May 22, 1973, to suggest an amendment to the Temple City Zoning Code. The recommendation was to place retail sale of upholstery fabrics and supplies and retail sale of rugs and carpets, except cleaning of carpets, as a permitted use in the C �1 zone, and furniture repair and upholstery shall be permitted use in the C �2 zone. The public hearing was declared open, " 1 " 1 1 " PLANNING. COMMISSION MINUTES Meeting of May 22, 1973 PAGE TWO Mr. Donald Edwards, 5424 Robinhood, was concerned about the possi� bility of having carpets, rugs and upholstery displayed outside in front of a store. He was informed that outdoor display of merchandise is not permitted in C �1 or C �2 zones. There being no one else to speak to the issue, Commissioner Lawson moved to close the public hearing, seconded by Commissioner Atkins and the motion carried. In discussion the Commissioners were in agreement that Resolution 73 -495PC reflected their desires in this matter and were in favor of recommending an amendment to the zoning code to the City Council. Commissioner Atkins moved to recommend to the City Council an amendment to the zoning code which would add retail sale of upholstery fabrics and supplies and retail sale of rugs and carpets, except cleaning of carpets, as permitted uses in the C �1 zone, and furniture repair and upholstery as a permitted use in the C-2 zone. Motion was seconded by Commissioner Lawson and carried. Asst. City Attorney White read title to Resolution No. 73 �499PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING TO THE CITY COUNCIL THE ADDITION OF NEW PARAGRAPH 21A TO SUBSECTION A OF SECTION 9390 AND THE ADDITION OF NEW PARAGRAPHS 32A AND 39A TO SUBSECTION A OF SECTION 9399.1 OF THE TEMPLE CITY MUNICIPAL CODE RELATING TO PERMITTED USES I N THE C-1 AND C �2 ZONES OF THE CITY. Commissioner Lawson moved to waive further reading and adopt, seconded by Commissioner Atkins and the motion carried. 7. PUBLIC HEARING: ZONE CHANGE CASE NO. 73-394 C. Ray and Beulah L. Johnston ) 10027 East Green Street, Temple City ) Louise M. Ingram ) 5317 Zadell Avenue, Temple City ) Maybelle Thompson ) 5312 Baldwin Avenue, Temple City ) Howard R. and Dorothy V. Spotts ) 10034 East Olive Street, Temple City ) Thomas F. and Dar Tyne F. Mc I lroy ) 10040 East Olive Street, Temple City )Owners Richard and Eve Janda ) 5325 North Zadell Avenue, Temple City ) William R. and Mildred C. Boren ) 1306 South Highland, Arlington Heights, Illinois) James Baldwin - Baldwin Builders ) 4300 Campus Drive, Newport Beach, Ca, ) James Baldwin Baldwin Builders Applicant 4300 Campus Drive, Newport Beach Site:. 10034 and 10040 Olive Street, on the south side of Olive Street, and from the vacant parcel northerly of 5214 Baldwin Avenue through 5312 Baldwin Avenue, on the east side of Baldwin Avenue, and 10027 and 10031 Green Street, on the north side of Green Street, and approximately the westerly half of the real property located at 53 1 1 , 5317 and 5325 Zadell Avenue, on the west side of Zadell Avenue, The' Planning Director stated the applicant requests a change of zone from R-1, Single Family residential to R-3, Heavy Multiple residential. He gave the zoning history, stating the area involved has always been A �1 (agricultural and residential) or R �1, and then gave factual data on the subject property and read the applicant's statements, all material on file i n the Planning Department. Further, the Planning Director said the General Plan suggests this area for medium density development of about 7 to 15 dwelling units per acre. Presently the staff has not approved or disapproved any plan for development. PLANNING COMMISSION MINUTES Meeting of May 22, 1973 PAGE THREE Planning Technician Burnham explained the exhibits, the first of which 1111 showed a vicinity map with the properties included in the zone change request outlined. He said that, if the Planning Commission approves the request, it IS the S;taffi:s; suggestion that the three properties at the corner of Baldwin and Green, not presently included, be changed to R °3 also. He briefly referred to the renderings and plans for a proposed development if the zone change request is granted. IIIDirector Dragicevich again addressed the Commission, saying the applicant had submitted an environmental impact report, although staff has final responsibility for preparation of this report. In reviewing the applicant's report he said staff differed with the applicant in that the proposed zone change would have substantial impact on the environment. There are two school districts involved in the subject property, Arcadia and El Monte, The Los Angeles County Fire Department has been contacted, as well as the California - American Water Company to determine if there are at present, ample facilities for an R °3 development in this area. In both instances the agencies stated the facilities were adequate, with a 12" main on Olive, and 8" main on Baldwin, and a fire flow of 2200 to 2500 gallons per minute. If the zone change request is granted, and R-3 zoning occurs, there will be an increased demand for utilities and sanitation facilities. If the anticipated development is connected to existing sewer lines it would ex- ceed design capacity of these lines. There is., however, ,a trunk line of •the Sanitation District on Baldwin Avenue to which the sewer system could be connected without any negative effect. In conclusion, the Planning Director said the staff felt a change of zone would result in an R °3 development which would increase residential density, demand for city services and utilities, traffic volume and noise level. Before opening the public hearing, Asst, City Attorney White, at the re- quest of Chairman Garvin, informed those present of the public hearing procedures, and the criteria to be considered, by State law, in granting a zone change. Chairman Garvin announced that he wished to disclose that the company where he is employed furnishes considerable amount of materials to the applicant in this case; however, he felt he could be fair and objective in consider- ing the case at hand. Commissioner Atkins asked the maximum number of units that could be built in the subject area under R °3 zoning, and Director Dragicevich said 220 units would be the maximum. He went on to say that the threeflots on the • northwest corner of Baldwin Avenue and Green. Street should be made a part of the zone change if approved by the Planning Commission, as a matter of good zoning, and to avoid spot zoning. Lot 15, 5301 Zadell, is not in- cluded as it is a flag lot and this creates a handicap in the physical development of the parcel to the rear of 5301 Zadello The public hearing was declared open. Mr. James Baldwin, applicant, 4300 Campus Drive, Newport Beach, briefly gave his local personal and professional background, stressing his corn= pany's experience in building condominiums. Since there is no planned unit development ordinance in the City, in order to build a condominium he had to go through a zone change procedure. He asked the City Attorney if some procedure could be set in motion whereby, if the requested zone change were recommended to the City Council, second reading could be with° Iheld until plans for the proposed project were approved, or final maps recorded. In other cities, he continued, there are various procedures so that the city can approve the project prior to changing the zone. Attorney White said this is a possibility, but presently there is no such procedure in effect in this City. However, it is not appropriate to dis- cuss the development or types of buildings at this time. •Mr. Baldwin continued by discussing the density his company proposed for the subject area, which would be 15 units to the acre, or 89 units for the entire project. In this subject area are many large lots and , in many instances, the property owners have outgrown the need for this much land and are eager to either sell all or part of it. The condominiums would have an irregular shape. His company's condominiums have a good market acceptance and are an asset to the community. The average number of PLANNING COMMISSION MINUTES Meeting of May 22, 1973 PAGE FOUR people, experience has shown, occupying a unit are less than two. It 0 is estimated that seventy, percent of the units will be sold to people currently living in Temple City, indicating that there is a need for this type of accommodations. Open space, including the driveways, will account for 60% of the area. There is no vehicular access to Green Street. The project will have full- grown, mature landscaping. John H. McKim, 5 125 Baldwin Avenue, speaking in favor, has a lot 60 x 138 ft., and he said there was no possibility of using a part of his lot - it IIIwas waste land, and this was the case with many lots in that area. Baldwin Avenue is a heavily traff i cked street and not conducive for R-1 development.. Speaking against: Mr. Leland T i nkham, 10017 Green Street, said he had bought into an R-1 zone for permanent residence and not financial gain. He had no advance knowledge of the proposed condominium project, and his, along with two other parcels, were not included in it originally. These three parcels would be surrounded by the project, which is a two -story development. Since he first learned of the project, one of these parcels has been in- cluded in the plan, leaving two single - family units left out. He was concerned about the depreciation of his property should the development be built, and as the project is now planned, he did not feel it met the .Genera l Plan "aesthetically ". While he would lose his home 'i if a complete block long plan were agreed upon, he did not believe he should be required to sacrifice the value of his home, Mr. Vincent G. Bittner, 5404 Robinhood Avenue, presented a petition signed by 120 property owners who received notice of the hearing, asking continu- ance of the hearing to allow the interested parties "reasonable opportunity to consider the application in light of its probable impact on surrounding properties". Mr. Bittner stated he had authored and participated in the circulation of the petition. IMr. Bittner then presented a petition signed by 141 persons who received notice of the hearing, objecting to the zone change on the ground that, if it is approved "the possible uses would adversely affect the residen- tial character of the surrounding area, as would any other type of high density residential use ". He had also authored and helped circulate this petition. Mr. Bittner was confused about comments by the Planning Director with reference to the Environmental Impact Report submitted by the applicant, which were not within the confines of the criteria for considering a zone change. Attorney White said the California Environmental Quality Act sets forth its own criteria for the report. Comments by the Planning Director IIIIwere informational only; in this case the City Council was the body that would make the decision on the Environmental Impact Report. Regarding the request for continuance of the case, Chairman Garvin said it would be con - sidered, but others in the audience might not be able to return for the next meeting and he considered it only fair to give them an opportunity to speak at this time, and then the Commission would consider a decision on a con- tinuance of the case. Mr. Dan Edwards, 5424 Robinhood, had just experienced a- situation where he was forced to move because higher density projects taking over his property. He said he had experienced financial loss then, and was concerned now. He spoke about the increase of traffic on Baldwin Avenue, increase of children in the schools, increased use of Live Oak Park, and the type of people and problems that would arise if the proposed zone change is approved. Mr. Robert Fiedler, 10063 E. Olive Street, said that, except for three small commercial developments and an apartment building, this area, for many blocks in any direction, is composed of single - family homes, schools and parks. If the zone change is approved, he feared it would lead to further high - density rezoning and enlarging of the commercial areas. He would pre- fer that the area remain "status quo ", or that the larger lots be developed with single-family "homes. In his opinion the plans for the proposed project were not aesthetically pleasing. Areas with single family residences, he continued, have a lower crime rate. PLANNING COMMISSION MINUTES Meeting of May 22, 1973 PAGE FIVE Mr. Robert Gannon, 5351 Na Zadell Avenue, expressed concern about the entrances and exits from the proposed condominium onto Baldwin and the traffic congestion that the increased residential density would engender. He also stated that the General Plan proposed a residential density of 7 to 15 units per acre, but only for the lots facing Baldwin Avenue, not including the lots facing Zadell Avenue. The Director explained that the General Plan was not specific as it did not indicate lot lies and local streets as boundaries of proposed land uses and densities, and that the density of the proposed development is compatible with the General Plana Mrs. Lorraine Kobett, 10140 Olive Street, said the present zoning in the City had been determined by the Planning Commission after many hours of deliberation and should remain as is. The area involved is primarily a single-family residential area and it should continue that way, Mr. Dick Lucas, 5301 Zadell Avenue, said the proposed project should have more regular lines rather than "jerrymandering" around many properties. It would surround his property and violate his privacy, and he would be landlocked. He further felt the project would violate the environmental impact requirements because 80 full -grown trees would be removed, there would be an increase in concrete, and there would be an increase in water runoff with no adequate drainage. Further, the project would put in 90 families in an area now occupied by 13 families, or seven times as many 4111 people, with the accompanying increase in garbage, trash and noise. He concluded by saying the project would be detrimental to Temple City and the property owners. He was informed that the Planning Commission does not approve or disapprove the impact report, and the sketches and render- ings are not a part of the hearing m only the three criteria as outlined by the City Attorney. Mr. Albert Williams, 10026 Green Street, informed the Commission that Green Street is a private street, never having been dediicated. There is no gutter for water run-off and there is a water problem now, which will increase with the proposed project. There are no curbs and no storm drains. Mrs, Kay Gannon, 5351 Zadell Avenue, said a zone variance application in 1962 for apartments was denied on Olive and a-zone change was denied in 1934 in that area, which actions encouraged the Gannons to improve their property considerably. This area is beautiful and she would like it to remain as it is. Mr. Arthur Lochte, 10021 E. La Rosa Drive, was concerned about the increase in traffic, the power 11:nes, traffic access onto Baldwin Avenue, increase • of students in local schools. Mr. Leland Tinkham, 10017 Green Street, called attention to the General Plan available to the public at the City Hall. In rebuttal: Mr, James. Baldwin, 4300 Campus Drive, Newport Beach, outlined the parking facilities in the proposed project which should be adequate to preclude any on- street parking; run-off of water would be into a large storm drain on Baldwin Avenue, Regarding Mr, Lucas' comment of "jerrymandering" the project, he would like to include this property in the project, and has tried to do so for a long time, and made a very good offer to Mr, Lucas, but they were unable to come to terms. Regarding the initial zoning IIIapplied to the City at time of incorporation, he said he was involved in that activity, and there was an R-3 overlay along Baldwin Avenue. Regard- ing the increase in traffic, it would be minimal, and the hazards for children would be negligible. In answer to the charge that these units would be two-story ones, they would be scaled down and lower than some two- story dwellings. With reference to the increase in noise resulting from a condominium development, he said that, in order to see how quiet a project such as this is, whenever one thinks the noise level is the greatest, a 1111 person can walk through the Temple Townhouse on Temple City Boulevard. Con- dominiums generate very few school -age children, he continued, so there would be little increase in the schools, PLANNING COMMISSION MINUTES Meeting of May 22, 1973 PAGE S I X The proposal is consistent with the General Plan, Mr. Baldwin continued. tatistically, the people who will buy into this condominium already live the area. All utilities will be underground. Staff pointed out that condominium is a subdivision and is required to underground utilities. A recess was declared at 9:20, and the meeting was resumed at 9:30 p.m. Chairman Garvin announced that, because of the size of the project and the effect it may have on all interested parties, the request should be II[given consideration by a full commission, and it was his suggestion that would be proper to continue the matter to the next regular meeting. The bsent Commissioners - would have an opportunity to read the minutes, listen to tapes and view the exhibits. Commissioner Atkins moved to continue Zone Change Case 73-394 as a continued open public hearing to the next Planning Commission meeting on June 12, 1973. Motion was seconded by Commissioner Lawson and carried, Chairman Garvin announced the hearing would be resumed on June 12, 1973, 7:30 p. m. in the Council Chambers, and that it would not be repot i ced. Mr. Robert :: Fiedler, 10063 E. Olive Street, questioned the propriety of exhibiting plans for the condominium when reference to a specific project 0 i is not acceptable at the hearing. Chairman Garvin stated their display is in error and would be absent from the continued hearing, to comply th the new State regulations pertaining to zone change hearings. Mr. James Baldwin, 4300 Campus Drive, Newport Beach, asked that considera- tion be given, his suggestion to develop another approach for condominium projects in this City rather than via a zone change. He did not request nor seek a change of zone, only the right to build condominiums. However, if there was concern about the type of project that would be built follow- ing the zone change, then the final reading of the zone change ordinance Iould be withheld pending approval of the final tract map or of the project. e was instructed to approach the City Council in this matter, if and when he case was before the. Council. 8. COMMUNICATIONS 1 • A. City Council referral re. Los Angeles County Fire Department Requirements for Multistory ;Structures Director Dragicevich stated the County Engineer informed him that this matter has not been pre- sented to the Board of Supervisors, but had been postponed. The Commission has the alternatives of either studying this matter or waiting until we hear from the County. Chairman Garvin felt it was important to the community and asked staff to research surrounding communities regarding their requirements, and then include this item for the next study session. B. Knights of Columbus m Request for Conditional Use Permit.- 9677 Las Tunas Drive - for use as Lodge and Meeting Hall Mr. Leon Mott, 8242 Santa Anita Avenue, Arcadia, explained the property had been purchased 32 years ago, at which time it was zoned C °2. Just recently his organization learned it had been rezoned C-1, and lodges and meeting halls are not permitted in that zone. His organization has been in the area for 25 years and finally acquired a place for meet- ings; however, the present tenant has another year's lease on the property, after which time the Knights would like to use it as a lodge and meeting ha l 1. The City Attorney stated a zone change would be spot zoning and that the only thing the Planning Commission can do is to consider this matter at a study session whether to amend the C °1 zone's permitted uses. Chair- man Garvin instructed staff to assemble some data on the subject prior to that time. PLANNING COMMISSION MINUTES Meeting of May 22, 1973 PAGE SEVEN C. Public Hearing Notice ° Los Angeles Regional Planning Commission ° Zoning Case 5985-(5) Director.Dragicevich said the property involved is at the northeast corner of Rosemead Boulevard and Duarte Road, the hearing was held on May 16, 1973, for a change of zone from C °1 to R'3, and the request had been granted. This property, he added, is outside the City's sphere of influence. . Public Hearing Notice on Los Angeles County General Plan The Planning Director stated the hearings would take place on May 30, 31, and June 1, 1973, 9 :30 a.m. at the Board of Supervisors Hearing Room, 500 West Temple Street, Los Angeles, and he hoped the Commissioners would make a sincere effort to attend. 9. TIME:FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK No one came forward, 10. MATTERS FROM CITY OFFICIALS A. Possible public nuisance 9861 Lower Azusa Road and 4861 Agnes Avenue The Planning Technician explained these properties., had separate owners, who were related. There is an accumulation of trash and debris, discarded furni- ture and a camper shell stored in the front yard and the premises are generally neglected at 8861 Lower Azusa Road, and an overgrowth of weeds and neglect of premises, at 4861 Agnes. Staff recommended the Commission set public hearing for June 26, 1973, to determine the existence of a public nuisance on both properties. The owner of 9861 Lower Azusa Road had been contacted and there had been some improve- ment, but far from adequate. Commissioner Atkins moved to set public hearing for both properties for the meeting on June 26, 1973, seconded by Commissioner Lawson and the motion carried, Asst. City Attorney read title to Resolutions 73 °500 and 73 °501PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO DETERMINE THE EXISTENCE OF A PUBLIC NUISANCE. Commissioner Garvin moved to waive further reading and adopt both resolutions. Motion was seconded by Commissioner Atkins and carried. 1 B. Planning Technician Burnham gave a report on the code enforcement program. C. Planning Technician Burnham referred to memo with map attached, regarding letter received from owner of the property at 4809 Hallowell requesting vaca- tion of alley easement. Research indicates this future alley exists along the rear of 5 lots in Tract 15098, going northerly from Lower Azusa Road 245 ft. to a future alley - easement on a piece of property located in the City of El Monte. If the Planning Commission feels there is no need to re- tain the future alley easement, such opinion should be made known to the City Council who makes the ultimate decisions on such matters. The Commiss.ionerp. PLANNING COMMISSION MINUTES PAGE EIGHT Meeting of May 22f 1973 1 were in agreement that this easement was set aside in the past, and served no useful purpose presently or in the foreseeable future. Com- missioner Atkins moved to recommend to the City Council that the future alley easement in dis- cussion be abandoned. Motion was seconded by Commissioner Lawson and passed. D. Chairman Garvin asked staff to check on the new liquor store on Rosemead Boulevard, which had been required to install a "no left turn" sign, and had not done so yet. He was advised it was ordered and the staff would follow through on it. 11. ADJOURNMENT There being no further business, Commissioner Atkins moved to adjourn to the next regular meeting of the Planning Commission on June 12, 1973. Motion was seconded by Commissioner Lawson and carried. Meet- ing adjourned at 10:10 p.m. ATTEST: Secretary 1