The URL can be used to link to this page

Home My Public Portal AboutMinutes - 1974/07/23 - Regular (2)PLANNING COMMISSION MINUTES July 23, 1974 • .INITIATION I2. PLEDGE OF ALLEGIANCE Chairman Breazeal led the Pledge of Allegiance to the Flag. 3. ROLL CALL Present: Commissioners: Atkins, Clark, Stacy, Breazeal Absent: Commissioners: Lawson Also present: City Manager Koski, Asst. City Attorney White, Planning Director Dragicevich and Asst. Planner Burnham. 1. CALL TO ORDER Chairman Breazeal called to order the regular meeting of the Planning Commission of the City of Temple City at 7:30 p.m., July 23, 1974. Commissioner Atkins moved to excuse Commissioner Lawson's absence for cause. Motion was seconded by Commissioner Stacy and'carr_ied.. 4114. APPROVAL OF MINUTES - Regular meeting of July 9, 1974 There being no additions or corrections to the minutes, Commissioner Atkins moved they be approved as written. Motion was seconded by Commissioner Stacy and carried. 1 Adjourned Minutes of June 25, 1974 There being no additions or corrections to the minutes, Commissioner Stacy made a motion, seconded by Commissioner Atkins and carried, to approve the minutes as written. 5. COMMUNICATIONS - There were none. 6. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK Mr. Dan Arquette, 4863 Golden West Avenue, said he understood that the development of Golden West Avenue was to.be considered this evening. Chairman Breazeal replied that this matter was going to be considered at the study session to follow the regular meeting.. He invited.Mr. . Arquette to attend. He then asked for a show of hands from the audience of those who were present for this same item, and included them in the invitation to attend the study session.. 7. MATTERS FROM CITY OFFICIALS (a) Set Public Hearing tb Determine Existence of Public Nuisance 6374 Sultana Avenue Director Dragicevich referred to memo from the City Manager saying he had viewed the property and submitted Resolution of Intent to Conduct Public Hearing to Determine Existence of Public Nuisance. The .objec- tionable conditions and violations of the Code which exist on the property'were listed, and the Director listed methods of abatement. The Asst. Planner said he had talked with Fire Department personnel who had given the property owner twc 2 -week notices and this day had given him an additional 10 -day notice to improve the property. If the owner complies with the notice within the 10 -day period, proceedings on this matter can be terminated by the Commission. Commissioner Atkins said evidence as reported is pretty accurate that a public nuisance exists at the subject location, and moved to set public hearing for August 13, 1974. Motion was seconded by Commissioner Stacy and carried, PLANNING. COM`iLSSION MINUTES MEETING OF JULY 23, 1974 1 1 PAGE TWO Asst. City Attorney White read title to Resolution 74- 570PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO DETERMINE THE EXISTENCE OF A PUBLIC NUISANCE. Commissioner Stacy moved to waive further reading and adopt, seconded by Commissioner Clark and the motion carried. (b) Set Public Hearing to Determine Existence of Public Nuisance 10800 Daines Drive A memo from the City Manager stating he had viewed the property and submitting Resolution of Intent to Conduct Public Hearing to Determine Existence of a Public Nuisance was referred to by the Planning Director. He. then listed the violations of the Code that exist on the'subject property, and methods of abatement. He showed recent pictures of the conditions on the property. • The Assistant Planner said the previous owner had vacated the property, and the new owner had been contacted a few days ago and was cooperative. Recent inspection shows that much of the objectionable debris had been removed, a large trash bin was at the property for the removal of debris.. The Commissioners agreed that they should go ahead with the public hear- ing and if the violations are corrected before that time, proceedings can be terminated. Commissioner Atkins moved to set public hearing. on 10800 Daines Drive for August 13, 1974, inasmuch as the evidence confirms a nuisance exists at that site, and previous experience with being lenient with owners of property considered public nuisances had met with negative results. Commissioner Stacy seconded the motion and it carried. Asst. City Attorney White read title to Resolution 74- 571PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO .DETERMINE THE EXISTENCE OF A PUBLIC NUISANCE. Commissioner Stacy moved to waive further reading and adopt, seconded by Commissioner Atkins and the motion carried. (c) Planning Commission Determination of Expansion of Nonconforming Use Director Dragicevich informed the Commission that a local service station is required to install an underground storage tank for unleaded gasoline because of the Environmental Protection Agency legislation of 1972 which requires all domestically produced 1975 model year cars to be designed to run on unleaded gasoline only. The question before the Commission is whether or not the installation of this storage tank and the appurtenant apparatus constitute expansion of. the use. The Asst; City Attorney said his understanding of the facts indicate that there will be no expansion of any of the facilities above the ground: The only change would be installation of a subsurface tank in order to comply with Government requirements. It is the staff's opinion that this in- stallation would not constitute an expansion of use per se, and the matter is brought to the Commission for their concurrence if they so desire. The case is unusual because the station operator is required by Federal law to have these special tanks, and if the City denies him that right, it will be an impairment to the operator's livelihood.. Commissioner Atkins was in favor of requiring a conditional use permit; he said the City has a long history of trying to get all the service stations to obtain this permit which allows. the City to regulate certain aspects of the physical development of a site, and to some extent, its operation. Commissioners Stacy, Clark and Breazeai were of the opinion there would be no expansion of the facilities above the ground, and the dealer was being required by Federal law to install this tank. There would be no change in the surface structures. Commissioner Stacy moved to authorize staff to approve plot plan for installation of a storage tank for un- leaded gasoline inasmuch as this installation would not constitute an . expansion of facilities. The motion was seconded by Commissioner Clark PLANNING COMMISSION MINUTES MEETING OF JULY 23, 1974 PAGE THREE 1 1 1 and passed by roll call vote. with Commissioners Clark,• Stacy and .Breazeal voting in favor and Commissioner Atkins against the motion. (d) Zone Reclassification for Automobile Body Works and Painting Shops Director Dragicevich referred to letter..from.a tenant on Las Tunas Drive, west of Rosemead Boulevard, with :respect to automobile body and painting shop zone classification:.. These uses are first permitted in C -2 zone if incidental to the major: operation'(sale of new cars and vehicles). The applicant in this case is interested in reclassi- fication of these uses and requests that the use be permitted in the C -2 zone. Commissioner Atkins said he was amenable to a zone change rather than changing of classifications.. Commissioner Stacy and Clark agreed. Chairman Breazeal said the C -2. zones border on residential zones and this use could be a public nuisance.in that zone. The potential loca- tion the applicant is considering is, in Commissioner Atkins' opinion, appropriate for the use and not much. different from what had existed there before. The Commissioners werein agreement the applicant should_ submit application for a zone change. The General Plan shows this property as commercial,. so there. would be no conflict in that respect. Staff was instructed to inform applicant of the Commission's determination. (e) Shortening Public Nuisance Appeal Periods.: In order to expedite public.nuisance cases and achieve compliance as quickly as possible, the.Planning Direc.tor.:said the staff is recommend- ing that the appeal period., presently- :.15.days.,. should be shortened to allow the case to be referred..to the.. City.. Council at their first meet- ing following Planning commission action. These cases are eyesores to the City and time is of an essence-.to have the conditions abated. Chairman Breazeal asked when the last :.appeal. to a public nuisance -case was-received by the City., and. the. City. Manager pointed out that, since the case automatically goes...to City: Council., the property owner can present his testimony before the..Council.if.he objects to the action of the Commission. If no appeal.is.received, however, the Council can consider the case on the b.asis.of.staff :reports.only, which saves time. Legally, it is required to have some appeal period, and seven days is customary in similar matters, and that is what staff is recommending. In reply to question by Commissioner._..Clark regarding the ability of the property owner to comply with conditions within the abatement period if the appeal period. were shortened, it was pointed out that the abatement period is set by City Council. In discussion the Couuuissioners were.in agreement to shorten the appeal period, and Commissioner Atkins made a motion to recommend to the City . Council a procedural amendment to the Municipal Code to shorten.the appeal period on public nuisance.cases from 15 to 7 days. Motion was seconded by Commissioner Clark and carried. 8. ADJOURNMENT There being no further business, Commissioner Atkins moved to adjourn the meeting, seconded by Commissioner Clark and carried. Meeting ad- journed at 8:07 p.m Chairman