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HomeMy Public PortalAboutMinutes - 1975/01/14 - Regular" CALL TO ORDER PLANNING COMMISSION MINUTES January 14, 1975 Chairman Breazeal called to order the regular meeting of the Planning Commission of the City of Temple City at 7:30 p.m., January 14, :1975.. I 2. PLEDGE OF ALLEGIANCE. Chairman Breazeal led the Pledge of Allegiance to the Flag. 3. ROLL CALL 1 1 Present: Commissioners Atkins, Clark, Lawson, Stacy, Breazeal Absent: Commissioners - None, Also present: City Manager Koski, Asst. City Attorney White, Planning Director Dragicevich and Assistant Planner Richards. 4. APPROVAL OF MINUTES: Regular Meeting of December 10, 1974 There being no additions or corrections to the minutes, Commissioner Atkins made a motion, seconded by Commissioner Clark, that the minutes be approved as written. Motion passed by roll call vote with Commis- sioners Atkins, Clark, Lawson and Breazeal voting affirmative, and Com- missioner Stacy abstaining. 5. CONTINUED PUBLIC HEARING: MODIFICATION OF CONDITIONAL USE PERMIT 70 -330 Pacific Ackworth Foundation 6210 Temple City Boulevard Temple City, Ca. The Planning Director called attention to reports from the Los Angeles County Fire and Building and Safety Departments regarding the subject property, following inspections made by the respective departments at 6210 Temple City Boulevard, as requested at the last meeting by the Commissioners. The Fire Department report was favorable; however the Building and Safety Department made some, comments about work that needed to be done as outlined in their original inspection in 1970 and which had not yet been accomplished. There were no questions from the Commission, and the Chairman declared the public hearing open. Mr. Stuart Denker, Chairman of the Pacific Ackworth Foundation Building Committee, 2023 LaFrance, South Pasadena, said he had reviewed the two letters the Planning Director referred to, and would like to talk with his staff about them. In answer to questions from the Commissioners he said the Foundation expected to complete the first geodesic structure in time for use this coming ,September (1975); they ran into complica- tions with the County in October, 1973, and only two weeks ago they completed the corrective welding. Further, they have enough financing to complete building No. 1 and the conditions that apply to it. The financing for the other structures doesn't exist. The plot plan they submitted in their original request is a "wish list" in a way. There was no one else to speak in favor, and no one opposed. Chairman Breazeal referred to letter received from John and Lena Lathbury, 6159 N. Camellia Avenue, Temple City, in opposition to the requested extension. Commissioner Lawson moved to close public hearing, seconded by Commis- sioner Clark and the motion carried. Commissioner Stacy stated he had read the minutes of the previous meet- ing and accompanying material on this case in his packet and felt quali- fied to speak to the issue, PLANNING COMMISSION MINUTES MEETING OF January 14, 1975 PAGE TWO Commissioner Atkins said he had reviewed reports from the Fire and Build- ing Department and got the impression both departments found the subject property barely passable. He felt there was only one structure that was a •real problem. He would consider a one -year extension of time but not five years; this time would give the applicant time to complete Phase I of the project and he would also like to see more evidence of 'good faith;to com- plete the other requirements, such as better upkeep of the grounds, etc. He felt there had been only a small amount of improvement evidenced in four years. Commissioner Clark was in favor of granting the extension of only one year, at which time there could be a progress report.' He questioned whether the Foundation had sufficient financing to complete that one building. Both . he and Commissioner Atkins said they had been involved in different organiza- tions where they had to seek financial assistance, and neither was insensitive to the problems of raising money; however, their opinions in this matter are based on their experience. Commissioner Stacy compared this application to that of a shopping center, that first they got their plans approved and obtained a conditional use per- mit, and they then proceeded with the project. As long as they are going forward with the construction he was in favor of extension of time, whether it is one year or five years. 9 Commissioner Lawson said he sat on the original hearing. The objectionable conditions that existed then are still there. He would go along with only a one -year extension. There was a question whether applicant could, under the present Zoning Code, ask for more than a one -year extension, and it was pointed out that, if the project had not been started at all, then applicant was limited; however, in this instance, progress had been made. Chairman Breazeal said it was the first time he could recall a time frame Ibeing imposed on completion rather than for initiation. Applicant has demonstrated an effort. Whether it is for a one, two, three or four years has nothing to do with it. Applicant has encountered significant diffi- culties. He would prefer removing a time for completion entirely from this case: Commissioner Atkins added to his earlier remarks that in four years' time he felt applicant could have done a lot more with respect to maintaining the grounds, removing the structures with donated labor, even if they lacked funds. He concluded by moving that a one -year extension be granted, seconded by Commissioner Clark, and the motion carried by roll call vote with Com- emissioners Atkins, Clark, Lawson and Breazeal voting for the motion, and Commissioner Stacy against it. Asst. City Attorney White read title. to Resolution 75- 601PC,.A RESOLUTION OF THE PLANNING. COMMISSION OF THE CITY OF TEMPLE CITY GRANTING MODIFICATION IN CONDITIONAL USE PERMIT CASE 70 -330. Commissioner Atkins moved to waive further reading atnd adqpt, seconded by Commissioner Lawson and the motion carried unanimously. Chairman Breazeal informed those present of the right to appeal the decision. Chairman Breazeal welcomed back Mr. Pat Richards, newly appointed Assistant Planner, who had been previously employed in another capacity in the City. III 6. PUBLIC HEARING: ZONE VARIANCE CASE 74 -430 Joseph and Barbara Ledesma - Owner /Applicant 10761 Lynrose Temple City, Ca. Site: 10761 Lynrose The Planning Director gave the staff report, saying the applicant pro- poses to add to an existing single family residential building with less than the required rear yard setback. He explained the plot plan marked Exhibit "A" which shows existing and proposed structures, re- viewed the factual data and the staff proposals. The public hearing was declared open. PLANNING COMMISSION MINUTES MEETING OF January 14, 1975 PAGE THREE Mr. Paul Arkane, Kustom Kraft Remodeling Centers, representing the applicant, said the conditions were agreeable.as proposed by staff. The proposed addi- tion is for a family room as the house is quite small and the family is in- 0 creasing. The encroachment into the rear yard area will not affect anyone to the rear as the Arcadia Wash abuts this property, and on the one side the garage, located to the rear of the property, would be a buffer to the neighbors. He pointed out that it was not possible to enlarge the house in any other direction. Mr. Joseph Ledesma, 10761 Lynrose, applicant, in answer to question from Com- missioner Atkins, said he had discussed the proposed addition with his neigh- bors, inasmuch as they live on a cul -de -sac and it is a close community, and there was no objection from any of them. Commissioner Atkins,made a motion, seconded by Commissioner Stacy and carried, to close public hearing. The Commissioners, in closed discussion, agreed that the proposed addition would not interfere with the enjoyment of anyone's .property, the property is unique in that it abuts the Arcadia Wash, and the neighbors were in favor . of it. Commissioner Atkins moved to grant variance in Zone Variance. Case 74- 430 inasmuch as there are extraordinary circumstances applicable to the property, the Wash provides a buffer to the next rear yard, the addition will not be detrimental to surrounding properties. Motion was seconded by 0 Commissioner Stacy and passed unanimously. Asst. City Attorney White read title to Resolution No. 75- 602PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING VARIANCE IN ZONE VARIANCE CASE 74 -430. Commissioner Stacy moved to waive: further reading and adopt,-seconded by Commissioner Atkins and the motion carried. Chairman Breazeal informed those present of the right to appeal. 1 1 • 7. PUBLIC HEARING: ZONE VARIANCE. CASE N0. 74 -431 Alba L. Runyon - Owner/Applicant, 5716 N. Rowland Avenue Temple City, Ca. Site: 5716 N. Rowland Avenue Director Dragicevich gave the staff report, saying the applicant proposes to add and connect an open patio cover between the house and garage with reduced side setback requirements. He referred to the plot plan marked Exhibit "A" which shows existing and proposed development, and reviewed the factual data for the subject property, concluding his report by out- lining the staff proposals if the request is granted. The reason for the request, he said in answer to Commissioner Stacy's question, is to provide protection from inclement weather when the applicant goes from the house to the-garage. Mr. Charles Engle, 355 W. Arrow Highway, Upland, speaking in behalf of the applicant, said a portion of the garage is used for vehicular storage, that the patio will be used as a carport when the weather is inclement, so the applicant can get into the house without getting wet. The roofing over the patio will be of metal (aluminum). The garage is a small 2 -car size. While there is plenty of open space on the property where a patio could be located, the proposed location was chosen because it would pro- vide protection against inclement weather when applicant leaves his car for the house, or enters the car from the house. The lot has many trees and the applicant is reluctant to remove any of them to locate the patio elsewhere on the lot. The applicant has discussed his proposal with his neighbors and they have no objection to it. There was no one else to speak in favor, and no one against the issue , therefore Commissioner Atkins moved to close public hearing, seconded by Commissioner Clark, and the motion carried. Commissioner Atkins was concerned whether this structure would be a car - port or patio. The request does not meet requirements for granting a variance inasmuch as the property is not unique, applicant is not being denied any privileges enjoyed by other property owners. PLANNING COMMISSION MINUTES MEETING' OF JANUARY 14, 1975 PAGE FOUR Commissioner Lawson said the house is 9 ft.•from the property line, the garage only 2 ft. Granting the variance would be detrimental to the zoning laws which require sideyard setbacks of 5 ft. He found conditions were not • met for approving the request. Commissioner Stacy agreed; there are no special circumstances applicable to the property to justify granting. He was not sure of the intended use. If it is to be used as a carport there are specific rules for construction of it. It would have some effect on other properties and the public welfare. ICommissioner Clark felt the proposed structure had many benefits, and would not injure neighborhood in any way. there is a- °question whether this is a patio or carport He was inclined to be in favor of granting request. Chairman Breazeal said there may be future owners of the property who would put this area to other uses. None of the criteria specified for granting a variance in Section 9201 of the Municipal Code are met in this case. Commissioner Atkins moved to deny zone variance. in Case No. 74 -431 as the applicant has not demonstrated hardship, unusual circumstances nor is appli- cant,denied privileges enjoyed by other property owners in the area. Motion was seconded by Commissioner Lawson and passed by roll call vote with Com- missioners Atkins, Lawson, Stacy and Breazeal voting all in favor of the motion, and Commissioner Clark voting against it •Asst.;City- Attorney Wite read title to Resolution No 75- 603PC, A RESOLUTION OF THE :PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING ZONE VARIANCE IN CASE'NO. 74 -431. Commissioner Lawson moved to waive: further reading and adopt, seconded by. Commissioner Atkins, and the motion passed unanimously. Chairman Breazeal informed those present of the right to appeal the decision. 1 8. PUBLIC HEARING: .ZONE CHANGE CASE NO. 74 -432 Temple City Community Redevelopment Agency ) Floyd A. Brown — 8836 E. Live Oak Avenue ) W. F. Fleisher - 88722 E. Las Tunas Drive ) Owners Thomas 0. Schlotfeldt - 8911 Wedgewood Street ) The. Planning Director said the proposed change: of zone is from R -3 and C -3 to C -2, General Commercial. He outlined the location of the subject property and gave the factual data on it. He said that 16 of the 18 parcels have already been acquired and are in possession of the Agency. Further, he said that an Environmental Impact Report had been prepared on the entire project and therefore another report on this zone change is not required. In answer to Commissioner Clark's question about the zoning for the remainder of the parcels in the Project Area, the Planning._ Director said as soon as they are acquired a zone change will be proposed, or the City can seek a conditional use permit for the parking lot use. There were no further questions, and the public hearing was declared open. No one came forward to speak to the issue, therefore Commissioner Atkins moved to close public hearing, seconded- -by Commissioner Stacy and the motion carried unanimously. The Commissioners, in closed discussion, were in agreement that this proposal was required in order to proceed with the project and they endorsed it. Commissioner Atkins moved to recommend-to the City Council a change: of zone in Zone Change Case No. 74 -432. Motion was' seconded by Commissioner Clark and passed unanimously. Asst. City Attorney White read title to Resolution 75- 604PC, A\RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING A CHANGE OF ZONE IN ZONE CHANGE CASE N0. 74 -432. Commissioner Lawson moved to waive further reading and adopt, seconded by Commissioner Stacy and the motion carried unanimously. 1 • PLANNING COMMISSION MINUTES MEETING OF JANUARY 14, 1975 PAGE FIVE 9. PLANNING COMMISSION CONSIDERATION: TENTATIVE PARCEL MAP NO. 552 C. Ray Johnston 10027 Green Street Temple City, Ca. 1 1 Site.: 5325 -29 Zadell Avenue The Planning Director gave'the staff report, saying the applicant pro- poses to divide an existing lot and add to the contiguous parcel under the same ownership. He'then' explained the plot plan marked Exhibit "A which shows the subject property's existing and proposed lot lines and development, gave the factual data and summarized the staff proposals. Mr. C. Ray Johnston, 10027 Green Street, approached the podium_ and ex- plained in detail to the Commission what he proposes to do, i.e., move existing garage back 13 ft., demolish small shed lean -to, correct the drainage. .There will be no common driveway as each parcel will have its own driveway. Condition 5 of the staff proposals, calling for a fire hydrant to be installed, he understood the Baldwin Development would take care of this and the sidewalks. Location of the pool was deter- mined by the location of trees on the property which the applicant wishes to retain. He described the fencing location around the pool to prevent access by the public. Curbs and gutters are already in at this location. In Commission discussion Commissioner Stacy said he was pleased with the proposal except for the shape of the lots. He was concerned if these lots were to be sold separately in the future there might be problems because of the shape of them. Commissioner Lawson had no objection to the Tentative Parcel Map; increas- ing a small lot to the proper size to meet the Code is an improvement and the irregular lot shape has little bearing as long as the lot meets the Code standards. If future owners of this property wanted to adjust property lines this could be done. Commissioner Clark agreed that the lot looks split up, but it is present- ly split up, and the realignment is an improvement. Commissioner Atkins considered the proposal a real improvement over what is presently there. However., he agreed with Commissioner Stacy that at . some future time it may be-necessary to make some property line adjust- ments. Chairman Breazeal agreed that the size and shape of the lot should not be considered at this time; however, he did feel conditions 4 and 5 of staff proposals..(easement for common driveway, and fire hydrant) should be. deleted inasmuch as.applicant has stated there would be no common driveway, and that applicant..should not be solely responsible.for the fire hydrant required by the Fire Department. Commissioner Atkins moved to approve Tentative Tract Map 552 with staff proposals except for 4 and 5.. Motion was seconded by Commissioner Lawson and carried with Commissioners Atkins,'C1ark,.Lawson and Breazeal voting affirmative in a roll call and Commissioner Stacy voting negative. Asst. City Attorney White read. title to Resolution No. 75- 605PC,.A RESOLU- TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE PARCEL MAP NO. 552.. Commissioner Lawson moved to waive.further reading and adopt, seconded by Commissioner Clark and the motion carried_, unanimously. Chairman Breazeal called a recess at 9:05 p.m., and reconvened the meet- ing at 9:16 p.m. 41110. COMMUNICATIONS - There were none. PLANNING COMMISSION MINUTES MEETING OF JANUARY 14, 1975 PAGE SIX 11. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - No one came forward. 41112. MATTERS FROM CITY OFFICIALS (a) Set - :Public. Hearing to Consider Amendment to Municipal Code re Outdoor_ ,Display of Merchandise in Commercial Zones 1 (b) Set Public Hearing to Consider Amendment to Municipal Code re Yard Sales in Resi- dential Zones The Commissioners concurred they wanted to study these items further prior to setting public hearing. Commissioner Atkins moved to table them to study session on January 21, 1975, for further discussion. Motion was seconded by Commissioner Stacy and carried. In response to Commissioner Stacy's question about the City's parti- cipation in Housing and Community Development Act of 1974, the City Manager explained that cities with population under 50,000 would not receive funds directly but through the County as the Board of Super- ", visors adopted, a policy allowing for a contractual agreement for such. cities, Temple City signed the agreement to participate in this Act so we would have the option to work with the program. 13. ADJOURNMENT There being no further business, Commissioner Atkins moved to adjourn to the next regular Planning Commission meeting. Motion was seconded by Commissioner Stacy and passed, and the meeting adjourned at 9:29 p.m. 1 ATTEST / * Secretary • • 47%LGe-e.i d Chairman