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HomeMy Public PortalAboutMinutes - 1973/10/09 - Regular'INITIATION 1. CALL TO ORDER 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., October 9, 1973. 2. 3. • 5. • 1 PLANNING COMMISSION MINUTES October 9, 1973 PLEDGE OF ALLEGIANCE Chairman Lawson led the Pledge of Allegiance to the Flag. ROLL CALL Present: Commissioners Atkins, Breazeal, Clark, Stacy, Lawson Absent: Commissioners - None Also present were City Manager Koski, Asst. City Attorney White, Planning. Director Dragicevich and Assistant Planner Burnham. APPROVAL OF MINUTES - Regular Meeting of September 25, 1973 There being no additions or corrections, Commissioner Atkins moved they be approved as presented. Motion was seconded by Commissioner Breazeal and passed unanimously. Adjourned Meeting of October 4, 1973 Commissioner Breazeal referred to Sub -item 5, Item 4, that the fees had not been definitely set as the amount of the fee was subject to further discussion. Commissioner Clark moved the minutes be approved as amended. Motion was seconded by Commissioner Atkins and carried unanimously. PLANNING COMMISSION CONSIDERATION RE: TENTATIVE TRACT NO. 31886 Planning. Director Dragicevich stated legal notices had been sent on t h i s development to a l l property owners within 300 ft, because of the public hearing on the Environmental Impact Report, and further, the City wanted to inform them of the proposed development. The Director then gave the staff report, stating the applicant pro- poses to create a one -lot subdivision for a 32 -unit condominium project. He explained the plot plan marked Exhibit "A" which shows the proposed development, gave factual data on the property and immediate area, and summarized the staff proposals if the Commission approves the Tentative Tract Map. He concluded by saying there will be an increased demand for services; the scenic quality of the neighborhood will not be affected because the City's height limitation is 35 ft. There will be an increase in traffic, noise and air pollution, and to minimize these adverse effects the applicant will provide open space and landscaping, and it is sug- gested he preserve existing shrubs and trees where possible and practical. There were no questions from the Commissioners. The public hearing was declared open. Mr. Eldon Bowen, applicant, 5912 North Encinita Avenue, stated that two years ago he built a similar project, same style, with only 20 units, on Welland Avenue. He was also instigator of a project on Temple City Boulevard, below Las Tunas Drive, of 39 units. The pro- posed project will be governed by the owners of units by electing representatives into an '°Owners Association ". Through that method PLANNING COMMISSION MINUTES MEETING OF October 9, 1973 PAGE TWO the property is maintained, and in a manner better than apartment houses. he project, he felt, would enhance the neighborhood. It is limited to dults 15 years and older. Many older single persons -buy into condominiums. i mmissioner Atkins moved to close public hearing as there was no one else III speak to the issue. Motion was seconded by Commissioner Stacy and carried. Commissioner Atkins moved to adopt Environmental Impact Report No. 73 ®63 as prepared by the staff. Motion was seconded by Commissioner Breazeal and Ipassed with no objections. Commissioner Breazeal pointed out that the proposed density is 30% over that allowed in the General Plan. He added that the Zoning Code permits 43 units per acre, and the General Plan permits 7 °15 units per acre. Proposed den- sity is 21 units per acre. The Asst. City Attorney said the General Plan must be brought into compliance with the Zoning Code by the first of next year by, State edict. Planning Director Dragicevich said the maximum number of apartments that could be built on the subject parcel is 64, by the Zoning Code; however, with open space and parking requirements it is rare to have a development build to the full potential of units per space on a lot. In closed discussion the Commissioners were in agreement that the project, as presented, was attractive and well planned. They expressed concern about the density. Commissioner Atkins moved to recommend Tentative Tract Illif31886 to the City Council for approval. Motion was seconded by Com° ssioner Stacy and passed with no objection. Asst. City Attorney White to read title to Resolution .73 - 526PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE TRACT NO. 31886. Commissioner Atkins moved to waive further reading and adopt, seconded by Commissioner Breazeal and the motion carried unanimously. 6. PUBLIC HEARING: CONDITIONAL USE PERMIT CASE NO. 73 ®404 Margaret C. Sotti le et al ® Owner 19253 Berc la i r Lane Tarzana, Ca. 1 James C. Luras Applicant 9109 East Las Tunas Drive Temple City, Ca. Site: 9109 East Las Tunas Drive The Planning. Director stated legal notices had been sent as required. He continued by saying the applicant proposes to establish and operate a restaurant with alcoholic beverages (beer and wine), explained the Plot Plan marked Exhibit "A" which shows site and parking plan of the proposed use, gave the factual data on the subject property and sur- rounding area, and the staff proposals if the request is granted. He explained that places serving alcoholic beverages, with less than 150 seats and located within 200 ft. of a residential zone, require a con- ditional use permit, which was the issue in this case. In addition to the conditions listed in the staff report, the Director continued, an additional conditions is suggested, i.e., that the appli- cant submit a letter to the City, approved by the City Attorney, that he has a valid lease for the l8 parking spaces proposed across the street, on the south side of Las Tunas Drive. In answer to Commissioner Atkins' questions, the Planning. Director said the parking lot east of the applicant's location belongs to R &S Refrigeram tion, and the applicant has no arrangement to use that parking lot at this time; other restaurant across the street has parking spaces along the side of the building and behind it; the radio repair shop at 9090 Las Tunas Drive has no parking and is a legal, nonconforming use. Com° missioner Clark, in answer to his question of how many parking spaces were required for the wholesale food place across the street, was told that, according to the ordinance, the business needed 17 parking spaces. The maintenance of that parking lot and the striping would be between the applicant and owner. The Planning Director said the applicant in- dicated in his application the hours would be from 11:00 a.m, to 200 a.m., but later the applicant corrected his application to read from 11:00 a.m. to 12:00 midnight. PLANNING COMMISSION MINUTES MEETING OF OCTOBER 9, 1973 PAGE THREE The public hearing was declared open. r. Jim Luras, 9109 East Las Tunas Drive, said he had a letter that the ner of the wholesale food establishment was willing to lease 18 spaces, ,tripe and level them and maintain them as long as he was there. There will be signs on both sides of Mr. Luras building and a sign across the street to indicate the additional parking for the Spaghetti Mill, 11:00 a.m. to 12 :00 p.m. Commissioner Atkins asked if he would object if the hours of operation were included in the conditions of granting the permit. IMr. Luras replied most restaurants can stay open until 2 :00 a.m., and he would be against having to close at 12 :00 midnight if there were customers. Mr. Luras continued, in answer to Commissioner Atkins' further question, that he had contacted the owners of the R &S Refrigeration re. parking, and was told the City made him put up posts and chain to prevent parking in that lot after the business closes at 5 :00 p.m, The owner is not interested in leasing out parking space.. Mr. Luras would be willing to negotiate if the owner is willing. Regarding seating, there is room for 42 -50 customers. Twenty-eight can be seated comfortably at tables and the rest at the bar. It was pointed out that the R &S Refrigeration has only 12 parking spaces, insufficient to meet the requirements for the proposed use, and Mr. Luras, °f he did enter into an agreement with this party, would have to apply for variance for the reduced parking. Mr. Steven Bozanski, 4824 Willmonte,was in favor of granting the request, but asked what would happen if the wholesale food establishment parking lot was used for something else, and was told the parking spaces would have to be provided or the applicant would have to apply for variance and modification of the conditional use. permit. The permit could be refused if not approved. There being no one else to speak for or against, Com- missioner Stacy moved to close public hearing, seconded by Commissioner Clark and the motion carried. In closed discussion, Commissioner Atkins stated he was not convinced the use is not just another bar, further he questioned if the customers will use the parking spaces provided, which are not visible from the business location; he was ,concerned. for the people in the neighborhood, and if it does operate more as a .bar. than .a _restaurant, what wi l l be the effect on the young people who stop by- Wi.nchell's Donut place. Commissioner Breazeal did not presently share these concerns, although he had, earlier. The sale of alcoholic beverages is incidental to the restam rant use, the parking is adequately provided, and he was in favor of IIanting the request with staff conditions. Commissioner Clark said he was taking it for granted it would not be primarily a bar, but he was concerned with the parking, and the safety feature of customers crossing the street. He felt beer and wine an almost necessary adjunct to a spaghetti dinner and he was in favor of the use. Commissioner Stacy said the applicant did have a parking problem, and had made the effort to work it out, and apparently the proposed parking site was the only one available to him. The proposed restaurant is much more desirable than a bar for which the site was used previously. He was in favor of granting with staff conditions. Commissioner Atkins was concerned about the operating hours. Along Las ITunas Drive business establishments close at 9 or 10 :00 p.m. He was in favor of closing at 12 :00 midnight and that staff conditions be changed, if the matter comes to a motion. 1 Chairman Lawson said the parking arrangements with the Wholesale Food Market should be a legal document, and any change in the arrangement must have a Iearing before the Planning Commission., City Manager Koski also said, in this egal document there be conditions regarding proper lighting and signing and aintenance in accordance with City standards, and the City .approve the plan or development of that lot. PLANNING COMMISSION MINUTES PAGE FOUR MEETING OF OCTOBER 9, 1973 Commissioner Breazeal moved to approve conditional use permit request No, 3-404 with staff conditions amended to require hours of operation to be :00 a.m. to 12:00 midnight, and that the parking requirements be in ccord with City standards, with proper legal documentation submitted to he City that applicant has access and use rights across the streets Com- missioner Stacy seconded. The motion carried unanimously with Commissioner Atkins voting affirmative assuming it is a bona fide restaurant. Asst. City Attorney White read title to Resolution 73 °527 PC, A RESOLUTION IOF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING CONDITIONAL USE PERMIT IN CASE 73 -404. Commissioner Breazeal moved to waive further reading and adopt, seconded by Commissioner Atkins, and the motion carried unanimously, 7, PUBLIC HEARING: CONDITIONAL USE PERMIT CASE 73°405 Rodgers Mortgage Co., Inc. m Owner 3020 S. Robertson Boulevard Los Angeles, Ca. Frank R. and Violet M. Godfrey ® Applicants 5623 Cambury Avenue Temple City, Ca, Site: Northeast corner Lower Azusa Road and Willmonte Avenue • The Planning Director stated the legal notices had been sent as required and went on to say the applicant proposes to establish and maintain a com- mercial parking lot for recreational vehicles. He explained the plot plan marked Exhibit "A" showing proposed development for 31 parking spaces, gave the factual data on the subject property, surrounding area and zoning his- tory, and the staff proposals if the request is granted. The basic issue, he continued, was that commercial parking lots are under the conditional use permit category. In conjunction with the request, . a negative declaration has been prepared in regards to the Enviornmental Impact Report, Asst. Planner Burnham pointed out that the center aisle parking, shown on the plot plan, is recommended by staff to be eliminated to provide more maneuverability for the large vehicles stored there, and with 90 deg. park- ing, instead of 60 deg. parking, applicant would be able to provide 29 ®30 spaces, instead of the 31 proposed, 0 he public hearing was declared open. r< Frank Godfrey, 5623 Cambury Avenue, stated the City has an ordinance prohibiting the parking of recreational vehicles on side or front yards, and the proposed use would get these vehicles off the street. There is a need for the use. He selected a boundary location, and the uses south of the subject property, in the City of El Monte, were Mmzone uses, east of the property is the batting cage, and he felt it was a good location for this type of parking lot. In reviewing the staff conditions, as proposed, he referred to the proposed changes in the plot plan layout. He stated he does not anticipate storing 60 ft, trailers or 30 ft, boats, but trailers about 16 ft, long that can't be left in the driveway, and 12 ®16 ft, boats, providing a.place to store the campers off the pickup trucks. Larger re- creational vehicles would have to find other accommodations. His profession Iis architectural construction engineering, he has made feasibility: studies and the parking lot, as he designed it, will have maximum efficiency and use. He is very aware of parking, and 60 deg. parking plan is most practical. The driveway location proposed in staff conditions was not possible because of a 16 ft, easement across the northern end of the property across to where the batting cage and gas station are, to the east of the property. Mr. God= rey continued he would prefer to use decomposed granit instead of paving he lot as recommended, for drainage purposes. He was willing to provide sphalt concrete in driveways for access to parking spaces. He questioned he required street trees which would have to be maintained by the City. He was willing to provide landscaping and shrubbery. He also questioned the need for a 5 ft, sidewalk along Willmonte because of cost, and because it would be the only portion of sidewalk on that street, although there are sidewalks along Lower Azusa Road, PLANNING COMMISSION MINUTES MEETING OF OCTOBER 9, 1973 PAGE FIVE Commissioner Stacy was concerned about the grading and Mr. Godfrey ex- plained how he intended to solve the problem of varying elevations on the III In answer to Commissioner Clark's question of maintenance of he operation, Mr. Godfrey said each renter would have a key and would ave access to the lot any time he wanted. The lot will be lighted with photocell lights from sunset to sunrises There is no need for a manager. Commissioner Breazeal asked how Mr. Godfrey anticipated the turning around of large vehicles, and. Mr. Godfrey replied some of the lots of this type Iused dollies which reduced the turnaround radius. In answer to further questions, Mr. Godfrey said there would be a provision for draining the sanitary tanks into a sewer line with trap. He went on to say the con= ditions as listed would make the project unfeasible financially. The primary cost items were paving of the lot, the block wall and the side- walks. In discussion about the easement, Mr. Burnham stated he had researched the City's records and could find no easement shown on any of the maps. The City Manager said it was the responsibility of the applicant to determine if an easement did exist in fact. Commissioner Clark asked if any servicing, would be done on the vehicles stored in the lot, and Mr. Godfrey said renters could not be prevented 411irom working on their own vehicles, but no garage mechanics would be doing epai rs, Mr. Vito Bonura, 5341 Halifax, spoke in favor of the use, stating there was a need for it in this area. Speaking against: Mr. Steven Bozanski, 4824 Willmonte, across from the proposed site, repre- sented some of the neighbors in the area of the proposed use. Presently, Ihe said, the lot is vacant, and at times overgrown with weeds and unsightly, but he wondered if the proposed use would be an improvement. A wire mesh fence wouldn't cover the boats or campers. Proposed exit would face Will- monte. That street has no exit other than onto Lower Azusa Road. The corner of Willmonte and Lower Azusa Road is a bus stop for school children. Further, cars pulling the trailers and boats will park along Willmonte at all hours of the day and night. There will be increased noise, traffic, and parking. With the additional parking the ingress and egress on Will- monte will become difficult. He felt the subject property could be put to better use, and that there were vacant parcels elsewhere, such as in the - M ®2 zoning across Lower Azusa in El Monte, that could be considered for his use. The proposed use,: he continued, would reduce property values on illmonte. He concluded by submitting a petition he had circulated, signed by seven individuals, with addresses, in opposition to the conditional use permit. Mr. Ramse Salem, 4825 N. Willmonte, spoke in opposition, and was concerned about the increase in traffic on Willmonte if the use is approved. Mr. Ronald Eccleston, 4837 Willmonte, was concerned about the lighting of the proposed lot attecting the residences in that area, the inadequacy of the proposed 6 ft, fence to shield the vehicles from view, and the traffic problem that the use would create on Willmonte Avenue. There being no one else to speak to the issue, Commissioner Atkins moved to Iclose the public hearing, and the motion,seconded by Commissioner Breazeal, passed unanimously. Commissioner Clark, in closed discussion, said there was a need for this use in the City, and would not engender any more noise than already exists on Lower Azusa Road. The petition was not signed by the people who own IIthe property next to the proposed use ° apparently they have no objection. e was in favor of 20 ft. parking . s t a l l s plus 3 ft. for the hitch. He d i d not think blacktopping should be required. PLANNING COMMISSION MINUTES MEETING OF OCTOBER 9 , 1973 PAGE S I X IIICommissioner Stacy was in agreement that the need for a recreational vehicle parking lot existed, but questioned whether this was the appropriate location even though the zoning permits the use. He did not think the type of fencing proposed would adequately shield this un- sightly use. He was against the request, considering also that Willmonte is a dead-end street and people using that street would have to pass the subject property regularly. Commissioner Breazeal said the use is permitted at this location, applicant has endeavored to meet requirements. He was in favor of using asphalt on the parking lot. He did not believe customers of the lot would be parking on .Willmonte. He would not waive the 6 ft. block wall requirement on the north property line as the people to the north of the parking lot need protection from noise pollution. The economic considerations, he concluded, were irrelevant in considering the request. Commissioner Atkins was in sympathy with people on Willmonte as they have a problem, most of which comes from the neighbors across Lower Azusa Road. However, the property is zoned C ®2, and there are numerous businesses which could qualify for that corner which would not require a conditional use permit which might be less desirable than the proposed use. The City is planning to improve Lower Azusa Road, and that street will change in character. He felt this is not a permanent use as these changes occur. He was also in favor of asphalt for only the center of the parking lot; he ontinued that consideration might be given to the completion of Willmonte sidewalk, or trade some sidewalk for landscaping and street trees as an interim arrangement. The size of the parcel and economics of the proposed use dictate what is done within the fenced area as the use is limited economically. The nature of the business requires that there is flexibility in laying out the parking spaces until the operator has his customers. He was in favor of granting the request. Chairman Lawson referred to the criteria for granting a conditional use permit, and said the site was adequate for the proposed use, has sufficient access to streets and highways for the traffic the use will create, and will not have an adverse effect upon the public welfare. Commissioner Atkins moved to grant the conditional use permit in Conditional Use Permit Case 73-405 with staff conditions as amended to permit use of driveway at northern portion of property if it can be done, the parking stall dimensions be deleted, parking lot be paved in center area with asphalt and individual stalls with decomposed granite, with detailed landscaping plans and a permanent sprinkler system, Commissioner Breazeal seconded and the motion carried by roll call vote with Commissioners Atkins, Breazeal, Clark 0 and Lawson voting affirmative, and Commissioner Stacy against the motion. Asst. City Attorney White read title to Resolution 73- 528PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING CONDITIONAL USE PERMIT IN CASE NO. 73-405. Commissioner Atkins moved to waive further reading and adopt, seconded by Commissioner Breazeal and the motion passed unanimously. 1 8. COMMUNICATIONS ° There were none. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK Mr. Pete Lures, 1926 Sierra Madre Villa, spoke against the condition imposed in granting Conditional Use Permit 73 -404 whereby the proposed restaurant must close at 12 :00 midnight. He referred to other restaur- ants in the area that could remain open until 2 :00 a.m. He was told he could appeal the condition to the City Council if he so desired, PLANNING COMMISSION MINUTES MEETING OF OCTOBER 9, 1973 PAGE SEVEN 1 • 1 • 10. MATTERS FROM CITY OFFICIALS A. Minor Boundary Line Adjustments Planning Director Dragicevich said the Commissioners could either set public hearing on this matter, or hold for study session. It was unanimously agreed to consider this matter at a study session. B. Set Public Hearing to Consider Recommendation re. Open Space Zones Director Dragicevich explained the State requires an Open Space zone, in connection with the General Plan, by the end of the year. Com- missioner Atkins moved to set for public hearing for November 13,1973. Motion was seconded by Commissioner Breazeal and passed. C. Study Session for Residential Planned Development and Minor Boundary Line Adjustments The Commissioners set the date for a study session for October 18,1973, in the North Meeting Room of the City Hall, 7 :30 p.m. D. Minor Zoning Modification Case 73 ®27 Natter Manufacturing Corporation ® Owner /Applicant The .Planning Director briefly reviewed the subject case, considered that afternoon by the Minor Zoning Modification Committee. Request was to construct a parking lot in conjunction with a. new 'industrial building with less than required parking stall size. He explained Exhibits "A ", the proposed layout of parking lot and modification of existing lot, and "B ", which shows layout of the existing parking lot. The Committee granted the request in consideration that the lot is for private use, with twice -a ®day movement or whenever shifts changed, therefore the reduced stall size would not be objectionable. The Commission was in agreement with the decision. E. Environmental Quality and Code Enforcement Program Asst. Planner Burnham gave a.report on staff's activities in enforcing the Zoning Code with reference to parking of vehicles, unsightly grounds, etc. 11. ADJOURNMENT There being no further business, Commissioner Breazeal moved to adjourn to the study session on October 18, 1973. Motion was seconded by Commissioner Atkins and passed unanimously. Meeting adjourned at 10 :20 p.m. ATT ST: ecretar CJ