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HomeMy Public PortalAboutMinutes - 1974/03/12 - RegularPLANNING COMMISSION- MINUTES March 12, 1974 INITIATION 1.CALL TO ORDER I Commissioner Lawson called to order the regular meeting of the Planning Commission of the City of Temple City at 7:30 p.m., March 12, 1974. 2.PLEDGE OF ALLEGIANCE Chairman Lawson led the Pledge of Allegiance to the Flag. 3.ROLL CALL Present: Commissioners - Atkins, Breazeal, Clark, Stacy, Lawson Absent: Commissioners - None Also present: City Manager Koski, Asst. City Atty. White, Planning Director Dragicevich and Asst. Planner Burnham 4.APPROVAL OF MINUTES 410 Regular Meeting of February 26, 1974 • 1 There being no additions or corrections to the minutes, Commissioner Breazeal made a motion, seconded by Commissioner Atkins and passed unanimously, to approve the minutes of the regular meeting of February 26, 1974, as written. Adjourned Meeting of February 26, 1974 There being no additions or corrections to the minutes, Commissinner Atkins made a motion, seconded by Commissioner Breazeal and passed unanimously, to approve the minutes of the adjourned meeting of February 26, 1974, as written. 5.PUBLIC HEARING: DETERMINATION OF EXISTENCE OF A PUBLIC NUISANCE 9661 Las Tunas Drive (Case No. 19) Director Dragicevich reviewed the history of this case, stating that the conditions existing on the subject property are uncompleted construction in such condition as to cause dimunition of property value of surrounding properties, and broken windows constituting a hazard to the public. Con- struction to expand the building was begun several years ago; subsequently the owner went out of business and sold the property. The new owner has been contacted regarding the existing conditions, and has given the staff promises to cooperate in maintaining and improving the property, but the general appearance of it has remained the same. In answer to Commissioner Atkins' question the Director said a building permit was taken out for the construction but has expired; the variance for enlarging the second story and expanding to the rear, encroaching into the required rear yard setback, is still in effect. The public hearing was declared open. No one came forward to speak. Com- missioner Atkins moved to close public hearing, seconded by Commissioner Stacy. Commissioner Atkins moved the Planning Commission determine the existence of a public nuisance at 9661 East Las Tunas Drive as the property is a detriment to surrounding properties and a safety hazard. Motion was seconded by Commissioner Clark and passed unanimously. Asst. City Attorney White read title to Resolution 74- 549PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DETERMINING THE 0 EXISTENCE OF A PUBLIC NUISANCE. Commissioner Breazeal moved to waive fur- ther reading and adopt. Motion was seconded by Commissioner Atkins and passed unanimously. PLANNING COMMISSION MINUTES Meeting of March 12, 1974 PAGE TWO �6. PUBLIC HEARING: DETERMINATION OF EXISTENCE OF A PUBLIC NUISANCE 9834 Las Tunas Drive (Case No. 20) 1 1 • 1 • The Planning Director gave the history of this case, stating that the Lerner Oil Company had been contacted various times by letter to repair the wall which was damaged in October, 1973, by an automobile crashing through it. That company had indicated on several occasions that the wall would be repaired, however, the wall has not been improved. Further, two cars have been observed left on the property for several weeks, one of which is inoperative. The Director submitted pictures of the subject property to the Commissioners. The public hearing was declared open. Mr. Joseph Yobaccio, 5843 Agnes Avenue, adjacent to the subject property, was concerned that the company had been reimbursed by an insurance company for the damage to the wall, and the wall has not been repaired. He did not suffer any physical damage from the accident to the wall. He said there have been several starts to repair the wall which has vertical reinforcing rods but no horizontal ones, both of which are required by the Building Department. Presently there are rods exposed as a result of the attempted repairs. Mrs. Patricia Hanft, 5822 No. Agnes Avenue, said she has been a resident at that address for many years, and seen various gas companies occupy the subject property, but Lerner Oil conducted the station in the most objectionable manner - the old cars stored there, loud noises, radio blar- ing late at night, planters full of weeds. Trucks unloading gasoline are in bad repair, and the gasoline fumes are very strong. The trucks have leaking hoses that could be a fire hazard. The asphalt in the station is in a terrible condition. The gasoline price sign is often stationed on the sidewalk. Mr. Yobaccio added that the drainage on the property is poor, with dirty water and refuse washing into the street and past the properties on the west side of Agnes. He admitted the gas fumes were strong when trucks are filling the tanks. Commissioner Atkins moved to close public hearing, seconded by Commissioner Stacy and passed unanimously. In closed discussion the Commissioners were in agreement that the wall constitutes a public nuisance and is a detriment to surrounding properties. The owner has had sufficient time and notice to repair it and has not done so. Commissioner Atkins moved the Planning Commission determine the existence of a public nuisance at 9834 Las Tunas Drive. Motion was seconded by Commissioner Stacy and passed unanimously. Asst. City Attorney White read title to Resolution 74- 550PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE. Commissioner Atkins moved to waive further reading and adopt, seconded by Commissioner Clark and the motion passed unanimously. Commissioner Atkins stated that stations maintained in the manner of the subject one is the reason the Planning Commission originally placed service stations in the conditional use permit category, so the City could, have some control over them. Staff was instructed to check the vents at the subject station to see that they met requirements, and to determine if the garage operated at the site is owned by Lerner's, and to investigate and handle any other code violations that exist there. PLANNING COMMISSION MINUTES Meeting of March 12, 1974 PAGE THREE 7. COMMUNICATIONS 18 09 1 Traffic Commission Recommendation Re: Recreational Vehicle Storage Director Dragicevich referred to memos from the Traffic Commission and Parking Commission recommending recreational vehicle storage be granted as an incidental use to service station operators under conditional use permit. The Couuuissioners agreed that this right is presently in the ordinance and there have been no requests by service station operators to exercise it. Matter was received and filed. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK Mrs. Patricia Hanft, 5822 Agnes Avenue, said that there is no other service station in Temple City located as close to residential property as the one at Las Tunas Drive and Agnes Avenue, and was in favor of an ordinance for service stations, even if presently it would apply only to this station. The condition of this corner property does not reflect the quality of the homes on Agnes Avenue. Commissioner Breazeal replied that such an ordinance would have an impact on all service stations, while this station is the only one that is a public nuisance, and the City has an ordinance to handle public nuisances which is presently being employed. MATTERS FROM CITY OFFICIALS A. Determination of Intent to Abandon Automobile Service Station - 9665 Lower Azusa Road Asst. Planner Burnham informed the Commission that, according to the Municipal Code, before any use requiring a conditional use permit, which is a pre- existing legal use but has been vacant for more than six months, can reopen, the Planning Commission must determine whether there was intent to abandon the use. He continued that the service station at 9965 Lower Azusa Road was closed in March, 1973 (based on Edison meter pull date). Since then a portion of the paved area was resealed and that a security light has been maintained inside the building during this time. The Exxon Corporation has secured a new lessee for the property and has filed for a business license to reopen the station. The question before the Commission, he concluded, is whether the owner intended to abandon the use. Ms. E. Carolyn Rhodes, Sales Representative for Exxon Company, said when Exxon abandons a station the signs are taken off the building, the pumps are removed, the tanks are cemented and the building is boarded up. In the subject instance the signs are still up, the pumps are there, the building is not boarded up, and the tanks are operative. There is merchandise in the building. There has been a "For Lease" sign on the property since it closed. The Company has just recently been able to locate the type of dealer who will do justice to that station. Previously this station did not have an allocation for gas, but it does now, and the station will pump 25,000- 30,000 gallons per month. Mr, James R. Lathrop, Real Estate Representative for Exxon Company, when asked if he would object to the requirement for a conditional use permit, said the company had no objection, but the lessee is anxious to get started and such a requirement would delay the opening. Ms. Rhodes continued that the company has interviewed about 20 people since the first of November who were interested in this specific station. It is planned, she continued, to resurface the entire area, and the structures to be repainted. In answer to questions she said the inventory stored in the station amounted to $25- 30,000 of tires, batteries and accessories; that Exxon owned the property and station; • in the last three years the station was open it was operated by approxim- ately four dealers, and the station was built in 1963. 1 1 • 1 PLANNING COMMISSION MINUTES Meeting of March 12, 1974 PAGE FOUR Commissioner Atkins said the intent of Ordinance 72 -356 was to get stations under the conditional use permit category. The question is whether a reasonable period of time had - passed _before requiring a conditional use permit, and within that frame of reference the station had been closed for a year. Commissioners Breazeal and Stacy felt the company had demonstrated intent to reopen the station, which is what must be determined. They did not believe the intent was to abandon. Commissioner Clark con- curred, but felt a proper decision was difficult because of the ambiguity between the original intent of the ordinance and the way it was written and legally interpreted. If the lights are on and parts stored there, he did not feel it was abandoned. Commissioner Breazeal moved the Planning Commission of the City deter- mines there was no evidence of intent by the owner to abandon the service station at 9965 Lower Azusa Road. Motion was seconded by Com- missioner Stacy, and passed with roll call vote with Commissioners Breazeal, Clark, Stacy and Lawson voting affirmative, and Commissioner Atkins voting against, as he felt it was not in the best interest of the community to allow the station to operate without a conditional use permit. The Commissioners expressed an interest in cnnsidering, in a study session, the language of the current ordinance and possibly changing it to to reflect more accurately the Commission's intent. B. Planning Fee Increases for Additional Optional Services Asst. Planner Burnham presented memo outlining a proposed fee for certain services the staff often performs for applicants of zone variances, zone changes, etc., which theoretically should be performed by the applicants. The staff was proposing the fee increase for these services on an optional basis. The Commissioners were in agreement that the proposed fee was reasonable. Commissioner Stacy moved to recommend the fee, as proposed, to the City Council for approval. Com- missioner Atkins seconded and the motion passed with Commissioners Atkins, Clark, Stacy and Lawson voting for, and Commissioner Breazeal abstaining inasmuch as this matter, in his opinion, was not in the purview of the Planning Commission's consideration. C. Report on Maintenance of Property 6038 North Rosemead Boulevard Pursuant to Commission instructions to the staff at the regular meeting of February 26, 1974, the subject property was inspected by staff who found efforts are under way to improve the exterior and to maintain the property. Staff will follow up with property owner regarding the condi- tion of the garage which requires a complete rehabilitation or removal from the property. D. 1970 U.S. Census Data Temple City and West San Gabriel Valley Commission was presented with brochure on various data on Temple City and the Valley compiled from the U.S. Census of 1970, for their in- formation and use. 1 1 • 1 PLANNING COMMISSION MINUTES Meeting of March 12, 1974 PAGE FIVE E. Environmental Quality and Code Enforcement Program Asst. Planner Burnham gave a report of this program's activities for the period of February 8, 1974, through March 7, 1974. Report was received and filed. Commissioner Stacy mentioned article in The Temple City Times of March 10, 1974, on this program, and the Commissioners were in agreement that staff was doing a good job. 10. ADJOURNMENT There being no further business, Commissioner Breazeal made a motion, seconded by Commissioner Atkins and passed unanimously, to adjourn to the next regular meeting of the Planning Commission. Meeting ad- journed at 8:55 p.m. ATTEST: Chairman