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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 • 1 1 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 • • 1 PAGE TWO 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 1 • 1 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. 1 • • 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