HomeMy Public PortalAboutMinutes - 1974/03/26 - RegularPLANNING COMMISSION MINUTES
March 26, 1974
INITIATION
4101. CALL TO ORDER
Commissioner Lawson called to order the regular meeting of the Planning
Commission of the City of Temple City at 7:30 p.m., March 26, 1974.
III 2. PLEDGE OF ALLEGIANCE
Chairman Lawson led the Pledge of Allegiance to the Flag.
3. ROLL CALL
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Present: Commissioners - Atkins, Breazeal, Stacy, Lawson
Absent: Commissioners - Clark
Also present: City Manager Koski, Asst. City Atty. White, Planning
Director Dragicevich and Asst. Planner Burnham.
Commissioner Atkins moved to excuse Commissioner Clark for cause,
seconded by Commissioner Stacy and the motion carried.
4. APPROVAL OF MINUTES
There being no additions or corrections to the minutes, Commissioner
Breazeal moved to approve the minutes as presented. Motion was seconded
by Commissioner Stacy and passed.
5. CONTINUED PUBLIC HEARING:
CONSIDER RECOMMENDATIONS TO AMEND THE
TEMPLE CITY MUNICIPAL CODE RELATING TO
BOUNDARY LINE ADJUSTMENTS
Director Dragicevich gave the staff report, saying that this matter
had been before the Commission originally on December 11, 1973, and had
been postponed several times pending receipt of proposed County ordinance
on this subject. The proposed County ordinance was discussed with the
Regional Engineer that afternoon. A memo, distributed to the Commission,
covering additional suggestions for amendments to the Planning Commission
proposed resolution, was reviewed by the Director.
Commissioner Breazeal said he was of the opinion that the proposed amend-
ment was to expedite minor lot line adjustments, and he felt the sugges-
tions from the proposed County ordinance were excessive. The City Manager
pointed out that requiring a legal description and preparation by a
licensed surveyor would preclude future problems, especially in a change
of ownership of a parcel of land.
The public hearing was declared open. No one came forward to speak. Com-
missioner Breazeal moved to close public hearing, seconded by Commissioner
Atkins and the motion carried.
The Commissioners, in discussion, expressed the opinion that they had no
opportunity to study the suggestions contained in the memo before them,
and that they favored a study session on the matter. City Attorney
White further pointed out that it would not be possible to incorporate
these suggestions in the resolution he had prepared for the Commission.
It was agreed to consider the subject at a study session.
Commissioner Atkins moved to reopen the public hearing, and continue
the matter to the meeting of April 23, 1974. Motion was seconded by
Commissioner Breazeal and passed.
6. CONTINUED PUBLIC HEARING:
DETERMINATION OF EXISTENCE OF A PUBLIC NUISANCE
10516 Daines Drive (Case No. 18)
Asst. Planner Burnham stated this matter had been continued from the
February 26, 1974, meeting of the Planning Commission, at which time
the owner had been given 30 days' time to meet the requirements for
abating the nuisance. Since that time, one vehicle, inoperative, that
was in the driveway, is still there but will be removed the following
PLANNING COMMISSION MINUTES
Meeting of March 26, 1974
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day. Estimates for the driveway approach reconstruction ranged from
$150 -$200, and Mrs. Meli requested six months' time to acquire the
funds for this purpose.
Commissioner Stacy remarked that the one side of the house still was
in need of paint, and the lack of paint was part of the original complaint.
The public hearing was declared open.
Mr. Emil K. Weise, 5438 Halifax Road, expressed approval with the progress
made on the subject property's appearance, and asked if the matter would
be dropped once the driveway approach was constructed. He was informed
that the Conmuission was considering an extension of 6 months' time to
construct the driveway approach and complete the painting, after which
the matter would be reviewed. If the owner met all the requirements as
set forth by the Commission, then the matter would be concluded.
Commissioner Atkins moved to continue Property Nuisance Case No. 18 as
an open hearing to the regular meeting of September 10, 1974. Motion was
seconded by Commissioner Stacy and passed.
7. PUBLIC HEARING: ZONE CHANGE CASE NO. 74 -412
Juanita Gunderson - Owner
99492 East Olive Street
Temple City, California
Temple City Planning Commission - Applicant
5938 North Kauffman Avenue
Temple City, California
Site: 9949 East Olive Street
Director Dragicevich reported that notices had been sent as required by
law, and continued by saying that the Planning Commission, at their
meeting of September 11, 1973, approved Parcel Map No. 544, splitting
a C -2 zoned parcel into two parcels, one with 8 units of apartments
and one with a market. The Commission also passed a motion to place
a zone change from C -2 to R -3 on the agenda following recordation of
the final parcel map.
Since the proposed zone change does not conform to the Land Use Element
of the General Plan (which indicates a commercial development for the
intersection of Olive Street and Baldwin Avenue,) it will be necessary
to recommend an amendment to the General Plan, should the Commission
decide to recommend approval of the proposed zone change.
A Negative Declaration nn the Environmental Impact was prepared by
the staff as the proposed change of zone, it was felt, would not have
any adverse environmental effect on the area, in accordance with the
California Environmental Quality Act of 1970.
Commissioner Atkins stated he lived in the immediate neighborhood, but
because of the nature of this case, he felt this fact would not affect
his judgment.
The public hearing was declared open. No one came forward to speak.
Commissioner Atkins moved to close the public hearing, seconded by
Commissioner Breazeal and the motion passed.
The Commissioners considered continuing the zone change pending
the outcome of other discussions on zoning, since the matter is ad-
ministrative, and also because the General Plan can be amended only
three times in any one year. City Attorney White further informed
the Commission that they cannot change a zone or recommend one within
• two weeks of the time of a change in the General Plan. It was concluded
that the best course of action would be for the Commission to deny the
present case and initiate a new one at least two weeks after the General
Plan is amended.
PLANNING COMMISSION MINUTES
Meeting of March 26, 1974 PAGE THREE
Commissioner Atkins moved to deny Zone Change Case No. 74 -412 as the
requested change is incompatible with the existing land use element
of the General Plan. Motion was seconded by Commissioner Stacy and
passed.
Asst. City Attorney White read title to Resolution 74- 551PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING ZONE CHANGE
IN CASE NO. 74 -412. Commissioner Breazeal moved to waive further reading
and adopt, seconded by Commissioner Atkins and the motion carried.
8. PUBLIC HEARING: CONDITIONAL USE PERMIT CASE NO. 74 -411
Soterios and Mary Bicos - Owner /Applicant
1282 Echo Glen
Altadena, California
Site: 9200 Las Tunas Drive
The Planning Director stated notices had been sent as required by
law. He continued by stating that the applicant proposes to demolish
existing vacated Jack -in -the Box restaurant and construct and operate
anew restaurant in a C -2 zone. He explained the plot plan marked
Exhibit "A" which shows proposed development and existing structures,
and Exhibit "B" which shows the proposed floor plan and elevations of
the proposed structure. The factual data on the subject property and
area surrounding were reviewed by the Director, and the staff
proposals to be imposed if the Commission grants the request.
With reference to the Environmental Impact Report prepared by the
staff on the proposed use, the Director said there would be a slight
increase in traffic, noise and dust, but no more than the previous
restaurant created. Commissioner Atkins expressed the opinion that
the Assessment of Environmental Impact was not consistent with the
Report. It was explained that, in consideration of the site's present
situation (vacant restaurant), the proposed use would cause more
traffic noise and dust, but not more than the previous use when it
was operating.
The public hearing was declared open.
Mr. Robert Lander, builder and developer, representing the applicant,
said Mr. Bicos, the applicant, had read the conditions and had no
objections to them. He presently has a restaurant business in
Alhambra.
Dr. Douglas Copley, 9216 Las Tunas Drive, expressed concern about the
paper discarded from food to be sold at the restaurant. He has an
office near the subject property, and when the previous restaurant
was operating, he had trash discarded on his premises constantly.
Jane Carillo, 5838 Encinita Avenue, spoke of the racing of cars late
at night when the previous restaurant was in operation.
In rebuttal, Mr. Soterios Bicos, 2407 W. Main Street, Alhambra, said
once a customer leaves his property he has no control over his actions.
He will place trash containers on the property, and employees will
police the grounds. The hours of operation, presently are until 10 p.m.
He did not want to commit himself to definite hours, if it is necessary
he will stay open later, such as 12 p.m. weekdays and 2 a.m. weekends.
In answer to Commissioner Atkins' question, he said his employees
would park on the street if there is available parking there.
Commissioner Atkins moved to close the public hearing. Motion was
seconded by Commissioner Breazeal and carried.
Commissioner Atkins moved to certify that the Environmental Impact
Report has been prepared in accordance with State law and the Planning
Commission considered it in arriving at their decision. Motion was
seconded by Commissioner Breazeal and carried.
PLANNING COMMISSION MINUTES
Meeting of March 26, 1974 PAGE FOUR
In closed discussion the Commissioners were in agreement that the request
is consistent with the Code, that the conditions staff proposed were
., thorough, they did not want to limit hours of operation, and the operator
could take precautions only on his premises for the disposal of trash.
However, management of this restaurant will not be as remote as the pre-
vious operation at this site; the layout is different and there will be
no outside food service. Traffic circulation is adequate and the property
is adequate in size and shape, and the application meets criteria for
granting conditional use permit.
The City Manager said the conditional use permit does give the Planning
Commission the means to bring the matter back for reconsideration if the
business proves to be detrimental or if it creates problems.
Commissioner Breazeal moved to approve Conditional Use Permit Case No.
74 -411 with staff recommendations as it meets the criteria for granting.
Motion was seconded by Commissioner Atkins and passed.
Asst. City Attorney White read title to Resolution 74- 552PC, A RESOLU-
TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A
CONDITIONAL USE PERMIT IN CASE NO. 74 -411. Commissioner Atkins made a
motion, seconded by Commissioner Stacy and passed, to waive further read-
ing and adopt.
• 9. COMMUNICATIONS
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County of Los Angeles, Engineering Dept.
Notice of Proposed Ordinance - Automatic
Sprinklers for High Rise Buildings
Director Dragicevich said this ordinance, if approved, would become
a part of the Building Code for the County. He then introduced
Captain Forrest Ray of the Fire Prevention Bureau, Los Angeles
County Fire Department.
Captain Ray explained that this ordinance was already part of the
Uniform Building Code nationally, but was being modified slightly
for Los Angeles County. Part of it applies to buildings three
floors in height, and that buildings four or more stories in height
be fully sprinklered regardless of construction or occupancy; it
calls for additional protection for elevators, emergency power for
operation of equipment and calls for a smoke removal system. The
requirements for heights over 75 ft. are the same as in the Uniform
Building Code but would eliminate compartmentization part in that
code, as sprinklers are preferred. The requirements, if the ordinance
is passed, would apply to present construction as well as future
construction, and, for older structures, would be expensive, he
admitted. He roughly estimated 75Q per sq. ft. to install sprinklers
in an existing structure but it would provide protection to people
and buildings. These requirements came about by problems in these
buildings.
The State Fire Marshall was directed to write a fire ordinance for
the State, to be effective July 1, 1974, for new buildings, and
applicable to all buildings on January 1, 1975. It will be mandat-
ory state -wide in six months. The Los Angeles County proposal goes
beyond what the State is proposing. Captain Ray further said that
fully sprinklered buildings would cause other construction require-
ments to be reduced. The effectiveness of sprinkler systems is 98.6 %;
most sprinkler fires are not even reported. Captain Ray explained the
elevator requirements and smoke removal system.
The Planning Couuuission, in considering the proposed ordinance, was
in agreement that the concepts were desirable and by minute order
recommended to the City Council support of this legislation at the
appropriate time.
• 10. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - No one came forward.
11. MATTERS FROM CITY OFFICIALS
A. Public Hearing Notice - Los Angeles
Regional Planning Commission re.
Parcel Map No. 4548
PLANNING COMMISSION MINUTES
Meeting of March 26, 1974 PAGE FIVE
Asst. Planner Burnham indicated the proposal for a minor land subdivision
on a plot plan. The property in question is located within the Temple
• City sphere of influence and the Planning staff responded to the notice by
letter indicating opposition of the City to the proposal because of sub-
standard street frontage on all three parcels, and substandard lot area.
The notice had been received too late to be brought to the Commission's
attention prior to hearing on the matter by Regional Planning Commission.
B. Director Dragicevich reminded Commission of the study
session with the City Council on Monday, April 1, 7:30 p.m. for the
purpose of studying R -3, R -4 standards and offstreet parking and
recreational vehicles being parked in service stations.
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C. It was announced that the Contract Cities Conference
would be held May 9 -12, 1974, and further information would be forth-
coming.
D. Tentative plans were made to hold a study session
in lieu of the regular meeting on April 9, 1974, to consider minor
lot line adjustments and other items.
ADJOURNMENT
There being no further business, Commissioner Breazeal made a motion,
seconded by Commissioner Atkins and passed, to adjourn the meeting
at 9:15 p.m.
ATTEST:
Secr tary
Chairman