HomeMy Public PortalAboutMinutes - 1973/09/11 - Regular"
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
S e p t e m b e r 1 1 , 1 9 7 3
I N I T I A T I O N
I 1 . C A L L T O O R D E R
T h e r e g u l a r m e e t i n g o f t h e P l a n n i n g C o m m i s s i o n o f t h e C i t y o f T e m p l e
C i t y w a s c a l l e d t o o r d e r b y C h a i r m a n . ' L a w s o n a t 7 : 3 0 p . m . , S e p t e m b e r
1 1 , 1 9 7 3 .
2 . P L E D G E O F A L L E G I A N C E
C h a i r m a n L a w s o n l e d t h e P l e d g e o f A l l e g i a n c e t o t h e F l a g .
3 . R I L L C A L L
P r e s e n t : C o m m i s s i o n e r s A t k i n s , B r e a z e a l , C l a r k , S t a c y , L a w s o n
A b s e n t : C o m m i s s i o n e r s - � . N o n e
A l s o p r e s e n t w e r e C i t y M a n a g e r K o s k i , C i t y A t t o r n e y ; : K r e s s , ,
D i r e c t o r D r a g i c e v i c h a n d A s s i s t a n t P l a n n e r B u r n h a m .
A P P R O V A L O F M I N U T E S : R e g u l a r m e e t i n g o f A u g u s t 1 4 , 1 9 7 3
C i t y - M a n a g e r K o s k i r e f e r r e d t o p . 7 , p a r a . 1 , l a s t l i n e , . w h i c h s h o u l d
r e a d " T h i s m e e t i n g w a s o n J u n e : 2 1 s t " a s i t f o l l o w e d t h e C i t y C o u n c i l
m e e t i n g o f J u n e 1 9 t h . T h e r e b e i n g n o f u r t h e r a d d i t i o n s o r c o r r e c t i o n s
t o t h e m i n u t e s , C o m m i s s i o n e r C l a r k m o v e d t h e y b e a p p r o v e d a s c o r r e c t e d ,
s e c o n d e d b y C o m m i s s i o n e r B r e a z e a l a n d t h e m o t i o n ; p a s s e d b y r o l l c a l l
v o t e w i t h C o m m i s s i o n e r s B r e a z e a l , C l a r k , S t a c y a n d L a w s o n v o t i n g a f f i r m a -
t i v e . a n d C o m m i s s i o n e r A t k i n s a b s t a i n i n g .
P l a n n i n g
5 . C O N T I N U E D P U B L I C H E A R I N G :
Z O N E V A R I A N C E C A S E N O . 7 3 � 3 9 8
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S i t e : 5 6 0 6 N o r t h M c C u l l o c h A v e n u e
D i r e c t o r D r a g i c e v i c h i n f o r m e d t h e C o m m i s s i o n t h a t t h e s t a f f h a d c o n t a c t e d
t h e a p p l i c a n t , a n d M r s . B u c c o l a , w i f e o f t h e a p p l i c a n t , c o n f i r m e d t h e i r
d e s i r e t o t e r m i n a t e t h e c a s e . I t w a s s u g g e s t e d t h a t s h e s u b m i t a ; w r i t t e n
c o m m u n i c a t i o n t o t h a t e f f e c t .
C h a i r m a n L a w s o n o p e n e d t h e p u b l i c h e a r i n g . N o o n e c a m e f o r w a r d t o s p e a k
t o t h e i s s u e . C o m m i s s i o n e r A t k i n s m o v e d t o c l o s e t h e p u b l i c h e a r i n g a n d
t e r m i n a t e t h e c a s e . M o t i o n w a s s e c o n d e d b y C o m m i s s i o n e r B r e a z e a l a n d
p a s s e d u n a n i m o u s l y .
6 : C O N T I N U E D P U B L I C H E A R I N G :
Z O N E V A R I A N C E C A S E N O . 7 3 � 4 0 0
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S i t e : 9 9 2 5 - 3 1 G a r i b a l d i A v e n u e
T h e P l a n n i n g D i r e c t o r i n f o r m e d t h e C o m m i s s i o n t h a t a l e t t e r h a d b e e n
r e c e i v e d f r o m t h e a p p l i c a n t a s k i n g f o r c o n t i n u a n c e o f t h e p u b l i c h e a r i n g
t o t h e n e x t 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 o n S e p t e m b e r 2 5 , 1 9 7 3 , a t w h i c h
t i m e h e w o u l d h a v e n e c e s s a r y m a p s , n e w l o t b o u n d a r y a d j u s t m e n t s a n d r e -
q u i r e d d o c u m e n t s . I n r e s p o n s e t o C o m m i s s i o n e r B r e a z e a l � s i n q u i r y , t h e
c o n t e m p l a t e d n e w b o u n d a r i e s w e r e o u t l i n e d . T h e D i r e c t o r a l s o s a i d t h a t
a l e t t e r f r o m t h e o w n e r o f P a r c e l 6 w a s r e c e i v e d i n d i c a t i n g w i l l i n g n e s s
t o b e p a r t o f t h e s u b d i v i s i o n .
C h a i r m a n L a w s o n o p e n e d t h e p u b l i c h e a r i n g . N o o n e c a m e f o r w a r d t o s p e a k
t o t h e i s s u e . C o m m i s s i o n e r A t k i n s p r o v e d t o c o a t i n u e ' t h e : : o a s e ' : 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 S e p t e m b e r 2 5 , 1 9 7 3 M o t i o n w a s . s e c o n d e d b y C o m m i s s i o n e r
B r e a z e a l a n d p a s s e d u n a n i m o u s l y .
PLANNING COMMISSION MINUTES
MEETING OF SEPTEMBER 11, 1973 PAGE TWO
PUBLIC HEARING: DETERMINATION OF EXISTENCE OF A PUBLIC NUISANCE
Mr. Arthur Thorness (Case No. 17)
6038 N. Rosemead Boulevard
Director Dragicevich gave a brief background on the case, listed the
conditions on the property which.may; exist to constitute a public
nuisance and recommended methods of abatement as outlined in Resolution
No. 73- 519PC. passed by the Planning Commission at their last meeting.
He presented pictures of the property . which were taken several weeks
ago, and added the conditions had not changed since that time.
The public hearing was declared open.
Mr. Arthur Thorness, owner of the subject, property, P.O. Box 302,
informed the Commission he had been out of the country most of the
summer, returning on August 16th, and that he has given an eviction
notice to the present tenants. In answer to questions from the Com-
missioners he stated he had not been in the area at the time of the
April 27th notice - from -the City; that he would take care of removal
of front screen door and will clean up the premises, and he does not
own any other property in the area.
Mrs. F. G. Cole, 6040 N. Rosemead, spoke about the trash, odor and
flies. She was speaking for seven neighbors who were concerned about
the condition of the property. In answer to question from Commissioner
Atkins, she said Mr. Thorness had 'lived on the property a while back,
then it was vacant for awhile, and than there were tenants who were
excellent, but the present tenants neglected the property.
Mrs. Robert Burns, 60452 Sultana Avenue, whose rear property abuts
the rear of the subject property, stated Mr. Thorness's. property -had
never been .in good condition in the seven years she has lived there;
there is an overgrowth of vegetation and debris which she considered
a fire hazard in addition to being unsightly.
Mr. Thorness, in rebuttal, stated he had cleaned the property three
or four years ago to the satisfaction of this Commission, and in
tended to have it cleaned up again in the next two weeks.
Commissioner Clark moved to continue the hearing to the regular meet-
ing of September 25th; motion was seconded by Commissioner Atkins and
passed with no objections.
PUBLIC :HEARING: CONDITIONAL USE PERMIT CASE NO. 73 -401
Market Basket.- Owner
6014 South Eastern Avenue
Los Angeles, Ca.
Antonia P. Gutierrez - Applicant
3 106 E. Fourth Street
Los Angeles, Ca.
Site: 6324 North Rosemead Boulevard
The Planning Director announced notices had been sent as required, and
informed the Commission that the applicant proposes to establish a
restaurant business with alcoholic beverages (beer and wine) in a C -2,
General . Commercial Zone, and located within 200 -ft. of R -zoned pro-
perties. He explained the plot plan marked Exhibit "A" which shows
existing site with surrounding structures and parking area, and'Exhibit
"B" which shows the floor plan of the proposed use. He gave the factual
data and staff proposals_if the request is granted, and concluded by
saying the issue was that places serving alcoholic beverages and located
within 200 ft. of a residential zone require conditional use permit
approval.
PLANNING COMMISSION MINUTES
MEETING OF SEPTEMBER 11, 1973 PAGE THREE
4111 Regarding an environmental :impact,report,.the Director said a
"negative declaration" had:--been.;:prepared on assessment of the impact
the use would have on the environment.
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The public hearing was declared open.
Miss Minerva Guitterez, 3106 E. Fourth Street, Los Angeles, daughter
of the applicant, said this restaurant would be the applicant's first
business venture.
There was no one else to speak to the issue, therefore Commissioner
Atkins moved to close the public hearing, seconded by Commissioner
Clark and .passed unanimously.
Commissioner Breazeal pointed out that, in reviewing the property,
he observed a. restaurant to the north of the subject property which
sold beer, the market sells all kinds of spirits, and further, that
the subject property is 200 ft. from a.residential area with an alley
to the rear of the subject structure and a 6 ft. high wall bordering
the residential properties on .Sultana.
Commissioner Atkins said the request meets the criteria for granting
a conditional use permit. The business is primarily that of a resta-
urant, . with the :selling of beer an . incidental use. The other Com-
missioners were in agreement with these comments.
Commissioner Breazeal : moved to approve the conditional use permit re-
quest, with staff conditions. Motion: was seconded by Commissioner
Atkins and passed unanimously.
Asst. City Attorney Kress read title to Resolution 73-52OPC, .A RESOLU-
TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A
CONDITIONAL USE PERMIT IN CASE N0. 73 -401. Commissioner Atkins moved
to waive further reading and adopt. Motion was seconded by Commissioner
Breazeal and passed with no objections.
9. PUBLIC HEARING: CONDITIONAL USE .PERMIT 73 -402
Dennis Rocket al : - Owner
2555 E. Chapman Avenue
Fullerton, Ca.
John T. Currans - Applicant
2003B Milan Avenue
South Pasadena, . Ca. 91030
Site: .9415 Las Tunas Drive
The Planning Director said notices had been sent as required. He in-
formed the Commission that the applicant proposes to establish and
operate a fun arcade consisting of game machines and games of skill
in a C -2, General Commercial Zone. He explained the plot plan .marked
Exhibit "A" which shows the floor plan of the proposed use and re-
ferred to a vicinity map to show location of the subject property.
He gave the factual data and read the staff proposals. The issue be-
fore the Commission i s that commercial ,.r°ecr°eati orna 1 tA.1es, . open to the
public, require a conditionaLuse permit approval.
Regarding the environmental impact report, a "negative declaration"
had been prepared on assessment of the environmental impact this use
would have.
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In response to Commissioner Stacy's request for more information on
uses in the surrounding area, Asst. Planner Burnham reviewed the area
and listed the existing uses. He replied to Commissioner Clark's
question that the rear of the subject :building ; was used for office
space.
PLANNING COMMISSION MINUTES
MEETING OF SEPTEMBER 11, 1973 PAGE FOUR
•he public hearing was declared open.
Mr. John T. Currans, 20038 Milan Avenue, stated there are three exits and
that he had conferred with the Fire Department about the adequacy of
exits for the proposed use and that department was satisfied with the exits.
In response to questions by the Commissioners he stated he was con-
cerned about teenagers and wanted to supply a place for them to go in
Temple City. The age of his customers would be from about 14 years and up.
He was agreeable to the 10 p.m. closing. He would not be in attendance
at first, but had made arrangements to have two senior citizens in charge.
There is no off - street parking available. At the time of night he expects
to have the most business the other businesses in the immediate vicinity
will be closed, with the exception of the market complex across the street.
The City Manager expressed concern about the parking problem. Mr. Currans
continued that he originally intended to operate this business himself,
but financially he was unable to do so at this time. His hours of opera-
tion would be from 10 a.m. to 10 p.m. seven days a week, in the beginning
and then he would request to be. open '_until midnight on Saturdays and all
teenagers under 18 would be required to leave at 10 p.m. There are no age
restrictions as he wi 1 1 . have only game 'machines - no cigarette machines.
There would be soda ;pop and water available and a juke box. The rear
zits would not be used but would be accessible in event of emergency.
There was no one else to speak to the issue,. therefore Commissioner Atkins
moved the public hearing be closed, seconded by Commissioner Breazeal and
the motion passed unanimously.
Commissioner Atkins, .in. closed discussion, was opposed to the use because
of a potential parking problem. The business will attract teenagers old
enough to drive cars. The use might hinder new developments from locating
in this area. He did not .feel :it would be in the public interest,
Commissioner Clark had mixed emotions. His experience with a game arcade,
at Crestline, was quite:: favorable,, with youths from 11 to 16 years of age.
There would not be too many cars as at that age most of the customers
would be using bicycles, and it might be possible to work in a bike rack.
He felt the Commission should consider the kids.- the City has beer bars
and restaurants with inadequate or no . parking. He was in favor of the use.
Commissioner Breazeal shared a concern about the parking and he said he
considered the City an upper middle class community and many of the young -
ters would have vehicles.
ommissioner Stacy also agreed with Commissioner Atkins regarding the
parking ,problem, and that the AJsemould have an adverse effect on adjacent
properties. At closing ,time the area outside 'the use could be lively. He
'was against granting.
Commissioner Atkins commented that he, like Commissioner Clark, had visited
one of these game places while on vacation, but this City is not a resort
community. Further,:many of the bars existing in the City were here before
incorporation, under County jurisdiction, and might not be permitted under
the City's current requirements.
Commissioner Clark commented that this use is not in the shopping center;
the success of the venture depends on the operator; there are a,lot of
Ichildren here to be considered,. and just because of lack of.parking space
was not reason:enough to refuse the conditional use permit,
Commissioner Breazeal quoted 'requirements (burden of proof) for granting
a conditional. use permit -from the Zoni- ng:Ordinance. He agreed not much
has been done for the youth in the community; further, while there might
be'a.parking problem, it would be'a'minor one; this use :would fill a
1111 vacant C -2 zoned .property, although 'he did not like absentee ownership.
PLANNING COMMISSION MINUTES
MEETING OF SEPTEMBER 11, 1973 PAGE FIVE
•Chairman Lawson said he felt the use would have an adverse effect on the
community, and he also was concerned about the parking,
Commissioner Atkins moved to deny Zone Variance Case 73-402 because the
applicant has not demonstrated adequate parking for his enterprise, and
the use would be detrimental to surrounding properties. Motion was
seconded by Commissioner Stacy and passed in a roll call vote with Com-
missioners Atkins, Stacy and Lawson voting affirmative and Commissioners
Breazeal and Clark voting against the motion.
Asst. City Attorney Kress read title to Resolution 73- 521PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING CONDITIONAL
USE PERMIT IN CASE 73-402. Commissioner Atkins moved to waive further
reading and adopt, seconded by Commissioner Stacy and the motion passed
unanimously.
The applicant was informed of his right to appeal,
10. PLANNING COMMISSION CONSIDERATION:
Tentative Parcel Map No. 544
(L. A. County No. 1+181)
Juanita Gunderson - Applicant /Owner
• 99492 East Olive Street
Temple City, Ca.
Site: 9949 East Olive Street
5405 -07 North Baldwin Avenue
Director Dragicevich informed the Commission that the State Map Act
requires that either the Planning Commission or City Council review
and approve or deny a tentative tract map. He gave a background on
the subject map, and the conditions to be imposed if approved. A
"negative declaration" has been prepared on this lot split, he con-
tinued, as it will have no adverse effect on the environment. Assist-
ant Planner Burnham called the Commission's attention to a slight
error in percentages on the proposed property line at the corner, with
reference to Item 4 of the conditions.
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Commissioner Atkins expressed concern about the street tree require-
ment, and was against the one tree near the parking lot.
Mr. Lauren Bradley, 5041 Baldwin, Bea - Archer Realty, San Gabriel, was
concerned about the number of conditions imposed, which makes splitt-
ing the lot quite expensive. The zoning on this property was changed
by the City without notification to the property owner, he claimed,
and a zone change will now cost the applicant considerably. Commis-
sioner Atkins explained how the City proceeded with originally rezon-
ing the City, and was done generally, with the wishes of the residents.
The Director further said the requirements pertaining to Minor Land
Subdivisions are listed in the City's ordinance on this matter, and
in the long run will result in lesser taxes for the owner or buyer
and a better situation as the owner can sell the parcels separately.
Commissioner Stacy asked the reason for the lot split, and was told
both lots are for sale and must be split to sell.
Commissioner Atkins said the apartments are well maintained and have
a long economic life. The food market is old but any new use going
there would most likely be commercial. He was in favor of a zone
change. He questioned the necessity of a street tree in the parking
lot. He also questioned the need for condition ,2, referring to
drainage, as he said there was no history of a drainage problem, and
complying with this condition could be expensive to the applicant.
The Director explained it was a requirement by the City Engineer, and
it might be a problem for adjacent properties during the rainy season
and should be resolved. It is possible the problem can be corrected
inexpensively with weep holes placed in the wall.
PLANNING COMMISSION MINUTES
MEETING OF SEPTEMBER 11, 1973 PAGE S I X
Commissioner Clark and Chairman Lawson both spoke in favor of approval,
ith Chairman Lawson adding the use on the corner would then be out of
the nonconforming category and could be improved, The Director pointed
out the zone change can be initiated by the City, the Planning Commission
or the applicant.
At the .request of the City Manager, the Asst. Planner gave the zoning history
on the subject parcel from 1930 (R ®3), and from 1938 to present the zoning
has been C -2.
Commissioner Atkins moved to grant the subdivision in Case No. 544, with
four trees being required instead of five® Motion was seconded by Com-
missioner Breazeal and passed unanimously.
Asst. City. Attorney Kress read title to Resolution 73- 522PC, A- RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE
PARCEL MAP NO. 544 (L.A. COUNTY NO, 4181'). Commissioner Atkins moved to
waive further reading and adopt, seconded by Commissioner Breazeal and
passed unanimously.
Commissioner Atkins moved to place on the Planning Commission agenda, at
the appropriate time (after recordation of Final Parcel Map) a zone change
etor this property. Motion :was ..seconded by Commissioner Breazeal and
a s sed.
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Chairman Lawson informed the applicant -the Planning Commission would
institute zone change proceedings for that property.
11. COMMUNICATIONS
Notice of Public Hearing
Zoning Case No. 5962 -(5) (Los Angeles County)
Director Dragicevich gave the background on this case, and that the
Planning Commission had instructed staff to send letter to the
Regional , Planning Commission objecting to the zone change. The
property involved is in the Temple City Sphere of Influence as
determined by LAFCO. He indicated on a vicinity map the location
of the subject property, and the Commission's objections to the
proposal.
The City Manager suggested that, since the ,case will be heard before
the County Board of Supervisors, it would be more appropriate to
send a letter from the City Council if the Commission was still
opposed to the zone change._ Commissioner Clark moved to send a
request to the City Council to recommend a letter or personal
emissary to the hearing on September 20th, expressing the City's
opposition to this zone change; Motion was seconded by Commissioner
Atkins and passed unanimously.
12. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK ® No one came forward.
13. MATTERS FROM CITY OFFICIALS
(a) Clarification of .Ambiguity
Scuba Diving School as Permitted Use
in Conjunction with Corporate Offices
Director Dragicevich referred to letter from Marian Spaulding of
Beckwith Realty Co, requesting location of a scuba diving school
and corporate offices in a C-2 zone. There would be an outdoor
pool used only for the instruction of scuba diving, and not open
to the general public. Presently the Zoning Code permits business
colleges, dance academies, music instructions and other commercial
schools in the C °2 zone, but not specifically this use.
The Commissioners were in agreement that this use would be proper
in the C °2 zone. Commissioner Atkins moved to recommend to the City
Council a:; Clarification of Ambiguity in the Zoning Code relating
to Scuba Diving Schools. Commissioner Breazeal seconded the motion
and it passed unanimously,
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PLANNING COMMISSION MINUTES
MEETING OF SEPTEMBER 1 1 , 1973 PAGE SEVEN
(b) Assistant Planner Burnham reported on the progress of the
Environmental Quality and Code Enforcement Program, adding
that emphasis has been put on front -yard parking violations,
and recurring ones are referred to the Sheriff's Department.
He further stated that applications for overnight parking
permits and parking citations do not coincide, a cross - survey
revealed.
(c) Commissioner Atkins called at tention to a car parked in the
side yard area, appears abandoned, on the southeast corner of
Temple City Boulevard and Olive Street. Commissioner Clark
asked if the City had contacted the City of El Monte regard -
ing;the apartment on Lower Azusa Road in El Monte next to
9861 Lower Azusa Road. Director Dragicevich said a letter had
been sent to the El Monte Planning Department, and that he
(Director Dragicevich'),wou ld be contacting ,him .personally
i n the next few days.
(d) A study session was scheduled for Thursday, September 20, 1973,
to. study ,Planned Unit Development. Commissioner Breazeal
informed the Commission he had ordered, air mail special
delivery, some new material . published by ASPO on this subject.
(e) Commissioner Atkins expressed his appreciation at his reappoint -
ment to the Planning Commission.
14. ADJOURNMENT
There being no further business, Commissioner Breazeal moved to
adjourn to a study session on September 20, 1973, and thence to
the next regular meeting on September 25, 1973. Motion was seconded
by Commissioner Clark and the meeting adjourned at 10-p.m.
ATTEST:
Sec etary
O c e.,.4(4Ag-e—yt,/
Chairman