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HomeMy Public PortalAboutMinutes - 1977/07/26 - RegularPLANNING COMMISSION MINUTES July 26, 1977 1. CALL TO ORDER • The regular meeting of the Planning Commission of the City of Temple City was called to order at 7:30 p.m., July 26, 1977, by Chairman Seibert. 2. PLEDGE OF ALLEGIANCE 1 1 • Chairman Seibert led the Pledge of Allegiance to the Flag, ROLL CALL Present: Commissioners Breazeal, Lawson, Stacy, Seibert Absent: Commissioners - None. Also present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich and Asst. Planner Richards. 4. APPROVAL OF MINUTES - Regular Meeting of July 12, 1977 Commissioner Breazeal called attention to the last para., p. 7, which should read that "applicant did not meet the burden of proof for granting a variance to reduce the lot size to 5500 sq. ft. (from the required 7200 sq. ft.) as creating a substandard lot was contrary to the Commission's objectives." There being no further additions or corrections, Commissioner Breazeal moved the minutes be approved as corrected. Motion was seconded by Commissioner Lawson and carried with Commissioners Breazeal, Lawson and Seibert voting for, and Commissioner Stacy abstaining. 5. PUBLIC HEARING: ZONE VARIANCE CASE NO. 77 -508 Mr. Samir Bisharat - Owner /Applicant 9659 Wedgewood Street Temple City, Ca, Site: 9659 Wedgewood Street Zone: R -1, Single Family residential The Planning Director said applicant is requesting to expand an existing legal nonconforming residential dwelling having less than the required rear yard setback. He explained the plot plan marked Exhibit "A" showing existing and proposed development, and gave the factual data on the subject property and adjacent area, zoning history and planning analysis; He stated that the proposed addition is categorically exempt from the provisions of the California Environ- mental Quality Act of 1970 (Section 15101, Class 1: existing facilities), and reviewed the staff proposals if the Commission approves the request. The Public Hearing was declared open. Mr. Samir Bisharat, 9659 Wedgewood Street, applicant, said the house was built in 1947 with a permit. In 1958 the kitchen was added with permit. When he bought the property he assumed all structures there- on were legal. There being no one else to speak to the issue, Commissioner Lawson made a motion, seconded by Commissioner Stacy and carried, to close Public Hearing. Commissioner Stacy said there were unusual circumstances applicable to the subject property in that there were in existence facilities and improvements which were previously authorized by the legal juris- diction and it would be difficult to require applicant to correct them to comply with today's regulations. The requested addition would appear to be an asset to the facility itself. Commissioner Lawson agreed, adding the applicant has sufficient rear yard on this property, and the addition will not infringe on that yard, and there will be sufficient clearance for his driveway. PLANNING COMMISSION MINUTES MEETING OF JULY 26, 1977 PAGE TWO Commissioner Breazeal said that the property is unique in that it is wider than it is deep, which is unusual. Further, it is not the physical structure that is nonconforming, but the patio and the garage which is 11'6 ". The proposed structure is far from encroaching on the rear yard. The • request meets the requirements of Section 9201; there is no encroach- ment on other properties in the vicinity. Chairman Seibert agreed. Commissioner Breazeal moved to approve Zone Variance 77 -508 as the request meets all conditions of Section 9201 of the Zoning Ordinance. Motion was seconded by Commissioner Stacy and carried. City Attorney Martin read title to Resolution 77- 759PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING ZONE VARIANC IN CASE NO. 77 -508. Commissioner Stacy moved to waive further reading and adopt, seconded by Commissioner Breazeal and the motion carried. 6. PUBLIC HEARING: CONDITIONAL USE PERMIT CASE NO. 77 -509 Temple Beth David - Owner 9677 East Longden Avenue Temple City, Ca. Edith A. Schoenman - Applicant 11709 Downey Ave., Apt, 363 Downey, Ca. Site: 9677 East Longden Avenue Zone: R -2, Light Multiple residential The Planning Director said applicant requests to establish a pre - school within an existing religious elementary school. He reviewed the plot plan marked Exhibit "A" showing existing temple, auditorium and two - story school building. One classroom on the ground floor of the school `building will be used for the proposed pre- school. He referred the Commissioners to the factual data on the subject property and adjacent area, gave the zoning history and Planning analysis, and the staff proposals if the request is granted. He concluded by saying that, pur- suant to the California Environmental Quality Act of 1970, as amended, an Initial Study was submitted to the Planning Commission on July 12, 1977, which states the proposed conditional use permit will not have a significant impact on the environment, and therefore, a full environmental impact report is not required. The existing fencing, he explained, is deteriorating, and staff is proposing it be replaced with a 6 ft. high view - obscuring fence to provide privacy for adjacent properties. No more than 15 children will be permitted on the subject site as requested by applicant. He called attention to the Fire Department letter of July 13, stating that, in their view, the existing access to the rear of the property is inadequate. The request before the Commission is not for any new development, just an addisional use on the premises. The Fire Department recommends these access ways be posted as fire lanes for safety purposes. In reply to questions from the Commissioners, he said the site is used presently on Sundays and Wednesdays for about 60 children. The proposed use would be Monday through Friday. A large fire truck could not get through the accessways because of width, which is 9 -10 ft. The accessways are 135ft. long. By posting them as fire lanes it would decrease an existing hazard. There are chain link gates across the alleyways and the only other access is through the building. The public hearing was declared open. Mr. Keeting, 1540 Kineloa Avenue, Pasadena, representing the applicant, said Miss Schoenman is looking for a site in the Valley to start a Montessori school where there would be no construction required, but where she could use an existing plant. She found this site which was not being 'utilized full - time. She is willing to upgrade the landscaping and the • property, which is deteriorating. The proposed use is not a day care center, and even on the playground the children are engaged in supervised activity and receive individualized attention Before considering this facility the applicant had an inspector from tie F -e Prevention Bureau. He was concerned about_ the school building it: - ;ell . a; :d the fire hydrant, which i:: i,nmediately in front of this facility installed at the time the -:tur;i' c;r i-u m was constructed. • PLANNING COMMISSION MINUTES MEETING OF JULY 26, 1977 PAGE THREE He suggested that fire apparatus could approach the facility, if needed, from the rear, arriving via Craiglee Street. Also, there is a private road on the west, with a fence separating 9671 & 9677 Longden. If the present • situation is hazardous, he continued, it should never have been approved in the first place. Presently it is being used for 3 to 4 times as many students, twice a week, as they are going to enroll. He indicated the room the applicant wishes to use, and said an additional fire door will have to be installed, if the use is approved. IIn reply to Commissioner Breazeal's question, Mr. Keeting said there is a sprinkler system installed in the classrooms, but did not know date of installation. City Manager Koski said they were probably installed at time of construction. Commissioner Stacy suggested that, if approved, a requirement be made to have the sprinklers checked to see if they function properly. Chairman Seibert asked if Craiglee is a private street, and the Planning Director said a portion of it is private. There was no one else to speak in favor. In opposition: Mr. John Diehl, 9711 Craiglee, said the notice he received calls this an elementary school, which, to him, indicates a 5 -day a week use presently. This is not the case. The Temple was supposed to construct a block wall • around the entire property when granted a conditional use permit pre- viously, and it is not completed. Residents to the west are within 20 ft. of the open wire fence and on occasions the noise level is quite objection- able. Assessment of the Environmental Impact indicates there would be no increase in the ambient noise level. Recess time and outdoor activities are required by the state, and he felt there would be an increase in the ambient noise level. He objected to a commercial use locating in a church facility. With reference to posting the two accessways as fire lanes, this would cause the loss of some parking spaces. He expressed concern that, if the use is approved, the number of children permitted will increase. IIMr. Charles Magnuson, 9717 Craiglee, concurred with testimony of Mr. Diehl. Mr. John McGowan, 9671 Longden, also agreed with Mr. Diehl, expressed concern about the increased noise, and said the present plant is a tax -free organization, and renting it to a commercial enterprise is a business deal, which should be considered. Mr. Ralph Stephens, 9675 E. Longden, was opposed to the proposed use. Mr, Keeting, in rebuttal, said the ambient level of noise should not in- crease for 15 children, when the facility is used by 60 children twice a week. The application with the City is for a use to accommodate only 15 students, and if they wish to increase that number, they would have to request permission from the City. Applicant intends to improve the land- scaping at this location. He requested the condition for a view- obscuring fence or wall be eliminated as most of the property is surrounded by a chain -link fence covered with ivy, and in other places there are oleander bushes which help muffle noise. Applicant cannot establish the schoolif she is faced with the burden of installing a fence or wall. In a couple years perhaps applicant could work with the Temple to put up something. Commissioner Breazeal moved to close public hearing, seconded by Commis- sioner Stacy, and the motion carried. ICommissioner Lawson said the proposed use meets two of the conditions for granting a conditional use permit, but felt the proposed use would have an adverse effect upon the use, enjoyment or valuation of adjacent properties or the public welfare. If the use is approved, he would like to add another condition, that the sprinkler system should be brought up to date and adequate for the proposed use. He was not in favor of deleting the condi- tion for a fence or wall. • PLANNING COMMISSION MINUTES MEETING OF JULY 26, 1977 PAGE FOUR Commissioner Breazeal agreed, adding he had reservations because of the Fire Department's letter, and felt a severe safety hazard exists. The use would be detrimental to surrounding properties. Commissioner Stacy was not in favor of the request, adding that, if approved, the wall or fence should be required in order to alleviate some of the neighbor's concerns. Chairman Seibert said the property is in sad need of repair and needs improve- ment. He was not concerned that 15 children would make an appreciable amount of noise, but mainly the access to the rear of the property. With children in attendance at the facility, in the event of a fire the trucks could not get to the structure. If the request is approved he was in favor of requiring the fencing. The use is excellent idea, but the wrong place because of the fire hazard. The Planning Commission took no action to certify the Negative Declara- tion of Environmental Impact at this time. Commissioner Breazeal moved to deny Conditional Use Permit Case 77 -509 as it does not meet requirements of Section 9203, particularly that the site for the proposed use is not adequatein size, shape, topography and circumstance, and that the proposed use will have an adverse effect on adjacent properties. Motion was seconded by Commissioner Stacy and carried. City Attorney Martin read title to Resolution No. 77- 761PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING CONDITIONAL USE PERMIT IN CASE NO. 77 -509. Commissioner Breazeal moved to waive further reading and adopt, seconded by Commissioner Lawson, and the motion carried. 7. PUBLIC HEARING: ZONE VARIANCE CASE NO. 77 -510 Larry and Dolores Conrique - Owner /Applicant 5819 Camellia Avenue Temple City, Ca. Site: 5819 Camellia Avenue Zone: R -3, Heavy Multiple residential The Director said applicant proposes to convert an existing guest house to a residential dwelling having substandard parking and side yard set- back. He explained the plot plan marked Exhibit "A" showing existing structures on the subject property, and said no new construction is pro- posed. He reviewed the factual data on the subject property, zoning history, planning analysis, and summarized the staff proposals. The Code requires a two -car garage for the second unit, and there is suffi- cient space on the property for one, however, applicant is proposing use of one open single carport. Existing also is a reduced side yard setback of 3 ft. 7 in., and a setback of 5 ft. is required. He continued by saying the proposed conversion of a guest house to a residential unit is categorically exempt from the provisions of the California Environmental Quality Act of 1970 (Section 15101, Class 1: existing facilities). In reply to questions from the Commissioners, the Director said the present owner bought the property thinking it had a legal rental on it. According to the Assessor's Office, this was a legal rental as far back as 1954, when it was constructed. The house was constructed in 1947. The Public Hearing was declared open. Mrs. Dolores Conrique, 5819 Camellia.Avenue, applicant, said they pur- chased the property in 1976 assuming it had a legal rental, as this was what was told them by the realtor. .Presently they are in litigation with the realtor about this matter. In response to questions from the Commissioners, she said they would be willing to bring the property up to Code, and build a two -car garage. 1 PLANNING COMMISSION MINUTES MEETING OF JULY 26, 1977 PAGE FIVE Lanny Aplanalp,4746 Fendyke, Rosemead, Ca., said there were other properties in the City that have rentals' and do not have required parking. To deny this property their request would be denying them a right others are enjoying. In response to Commissioner Breazeal's question, Mr. Apple - • nalp said he knew of one such property in the R -4 zone,jbut offhand could think of none in the R -3 zone. I Commissioner Breazeal moved to close public hearing, seconded by Com- , 1 • 1 missioner Lawson and the motion carried. Commissioner Breazeal said applicant meets burden of proof, as the ex- ceptional circumstances were that the structures were built before the City was incorporated. Granting the request will not bejdetrimental to the public welfare or injurious to the adjacent properties. He would require the construction of a two -car garage. The sidejyard setback does not disturb him. The other Commissioners were in agreement. Commissioner Breazeal moved to grant zone variance in Case 77 -510, with staff conditions, modifying condition No. 4 to state that a two -car garage shall be built according to City standards, Commissioner Lawson seconded the motion and it carried. City Attorney Martin read title to Resolution No. 77- 761PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING ZONE VARIANCE IN CASE NO. 77 -510. Commissioner Breazeal moved to adopt by title only, seconded by Commissioner Lawson and the motion carried. 8. COMMUNICATIONS Letter of July 18, 1977 Monrovia Travel Service Director Dragicevich referred the Commission to the subject letter, and illustrated the exhibits of what was intended to modify ;the structure at the southeast corner of Las Tunas Drive and Camellia Avenue (presently an abandoned service station). Applicant proposes to enclose canopy and divide the interior into two offices. The matter is being brought to the Commission's attention to determine a clarification of Ordinance 75 -418 pertaining to structures under 1,000 sq. ft. of gross floor area, if the intent was for uses to locate in such area only for existing structures, or could include new structures and the division of existing structures. Applicant in this case is exempt from parking requirements as the property is part of the Vehicle Parking District, however they will provide nine parking spaces in conjunction with the use. Commissioner Breazeal said the 1,000 ft. clause was a grandfather clause. The C -1 zone was intended for high retail commercial use. Facilities of 1,000 sq. ft. have traditionally been real problems when vacant. The City refused to put in a number of retail uses in the C -1 zone for this reason. His feeling was he did not want to encourage non - retail foot traffic uses in this zone. Commissioner Lawson said when the Commission originally discussed the uses to be permitted in the C -1 zone, those uses considered for 1,000 sq. ft. were for existing structures. The present request is to split a facility into two uses. If the building was less than 1,000 sq. ft. and one business there would be no problem. Commissioner Stacy said he would like to see something done to that location. He was not here when the C -1 zone was established, and would like to interpret the ordinance to mean old and new structures. Chairman Seibert felt the C -1 zone for 1,000 sq. ft. was meant as a grandfather clause and not to include new buildings, only older buildings which could not be converted. The Chamber of Commerce is very active in this and has given good recommendations. He. does not want either an existing or new building in the C- 1•area to be less than 1,000 sq. ft. 0 Mr. Bob Smith, Monrovia Travel Service, 401 South Myrtle. Ave., Monrovia, said they want to locate in Temple City. Presently that location is in 'a deteriorating condition. 1 [ they do not enH ose the canopy and locate hack from the street it would be a difficult condition to attract customers. Their plans to enclose the canopy are a second stage of remodeling. They would locate in the present structure, consisting; of PLANNING COMMISSION MINUTES MEETING OF JULY 26, 1977 PAGE SIX 720 sq. ft., and an insurance agency would locate in the other part, consisting of 700 sq. ft. Mr. Jim Head, Monrovia Travel Service, said they want to enclose the canopy for two reasons, to get closer to the street and traffic, and have someone'to occupy the back space. Their intentions are to demolish the structure in 5 -7 years. Commissioner Breazeal moved to clarify intent of Ordinance No. 75 -418, Section B, adopted October 7, 1975, to mean that there would be no further subdivision of units within the C -1 zone which could result in less than 1,000 sq. ft., or expansion of use less than 1,000 sq. ft. Motion was seconded by Commissioner Stacy and carried. Commissioner Breazeal moved to set Public Hearing for Clarification of Ambiguity of Ordinance No. 75 -418 for August 23, 1971 , a:.d that the Initial Study indicates a Negative Declaration of Environmental Impact should be filed. Motion was seconded by Commissioner Lawson and carried. Mr. Joe Murphy, 316 Naomi, Arcadia, said the subject building could be expanded to increase the size for either one or both occupants (Monrovia Travel and an insurance agency). It was explained by Chairman Seibert that the C -1 zone is primarily for retail commercial business, and servi type businesses are discouraged. If the area is over 1,000 sq. ft., thaw service uses could not located on the street floor. This restriction was encouraged by the Chamber of Commerce, and the City is in agreement. (b) Commissioner Breazeal called attention to letter received from a resident regarding the operation of a plumbing business in the R-1 zone at 5604 Hallowell Avenue, with several employees and vehicles loading and unloading as necessary. The matter was referred to the Assistant Planner for investigation. (c) Chairman Seibert read letter from the Temple City Chamber of Commerce recommending the present C -1 zoning code remai as is as there is no immediate reason to make a change. They further re- commended that each future request be considered on its own merit. The Directors are not opposed to modification on the second floor in the C -1 zone. This decision had been made some time ago after careful studies and several sessions, and again, recently, at its Board Meeting on July 14, 1977. Letter was received, noted and filed. (d) Chairman Seibert read letter from Tom D. Atkins, addressed to The Honorable Louis Merritt, Mayor of the City of Temple C4 K, from the Temple City Planning Commission, effective immediatellIP in order to accept the appointment to fill the vacancy currently existing on the City Council. He continued that he would "look back on my years of serving on the Planning Commission with great personal satisfaction and pride in being a member of a team of citizens dedicated to maintaining and improving the type of community we all take such pride in." Letter was received, noted and filed. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK Mr. Tom D. Atkins, 5434 North Cambury, thanked the Commission for nine pleasant and harmonious years. He thanked the Planning Director and staff for their assistance, and wished the Commission good luck in the future. Commissioner Breazeal, sneaking for the Planning Commission, said he had looked to Mr. Atkins and Mr. Lawson for guidance when he first assumed the position of a Planning Commissioner, and they had guided him on the issues and on protocol, and while he may have disagreed with Mr. Atkins on some issues, still they remained friends. He wished him luck. and asked him to come back to see the Commission. 1 PLANNING COMMISSION MINUTES MEETING OF JULY 26, i9 7 7 PAGE SEVEN 10. MATTERS FROM CITE' OFFICIALS (a) Recreational Vehicle Parking on Commercial Property The Director gave the background on this subject, saying the City is concerned about the storing /parking of vehicles (RV's) on commercial property. The Commission is being asked to review the matter and make a determination on the definition establishing guidelines for the separation of vehicle parking as opposed to vehicle storage. He referred to the City Attorney memo dated May 9, 1977, on this matter. Staff is of the opinion that the parking /storing of recreational vehicles should be located in the M zone. The specific location involved in the discussion is at the southeast corner of Sultana and Las Tunas Drive, a C-2 zone. Mr. John Waade, 9070 Las Tunas Drive, gave the background for the re- creational vehicle parking on his property. He had an excess of parking space, and originally was allowing friends to park their recreational vehicles there, and the number of these vehicles gradually increased, with some owners paying him and others not. Prior to allowing this type of parking, that area was subjected to the disposal of trash items from a restaurant adjacent to it, and damage from customer cars from that restaurant to Mr. Waade's building was the deciding factor to block off the entrance to the parking lot on the Las Tunas Drive. It was after • that he received requests for recreational vehicle parking. Chairman Seibert called a recess at 9:25, and reconvened the meeting at 9:30 p.m. Commissioner Breazeal felt "parking" would entail some degree of limited duration not in excess of two hours a day, on street. Off- street parking would be for the length of time up to what constitutes an abandoned vehicle. Parking of a non - commercial vehicle (not by license classification) in a commercial zone, for a period of 24 hours for a 5 day period would constitute _a form of storage. Whether the owner of the property received remuneration or not is not important. Exceptions would be vehicles under repair or an appropriate commercial vehicle. Commissioner Lawson agreed, adding that, in this case, with the recrea- tional vehicles being motor homes, being stored in a manner similar to places of storage of such vehicles in other cities is called a recrea -. tional vehicle storage lot. 1 • 1 • Commissioners Stacy and Seibert were in agreement with previous testimony. Commissioner Breazeal moved that the Commission finds that the use now being made on the property at 9070 Las Tunas Drive for the storage of vehicles is not a permitted commercial use in that zone and constitutes a storage lot, and that his previous remarks on this subject be included in the motion. He added that there exists at this location multiple ownership of the vehicles. Motion was seconded by Commissioner Lawson and carried. Mr. Waade addressed the Commission asking for a 60 -90 day period to allow the owners of these vehicles to relocate them, and the Commission agreed to grant a 90 -day period. (b) Environmental Quality and Code Enforcement Report The Planning Director said this report is more refined than the previous ones in that it indicates whether the code violations originated by staff or by the public . Commissioner Lawson suggested the Assistant Planner contact the Edison Co. and possibly the Dept. of Water & Power to obtain listings of swimming pool owners within Temple City (one of the projects in this program). PLANNING COMMISSION MINUTES MEETING OF JULY 26, 1977 PAGE EIGHT Commissioner Breazeal asked if the inspector, when observing a property checks for illegal carports, substandard setbacks, etc., as existed in the case before the Commission this evening. Asst. Planner Richards replied most of his inspection is from the on- street view, or from a specific complaint. He has no way of determining if conditions that may exist on a property were approved by the County. It takes research to determine that. (c) Director Dragicevich referred to memo from City Manager regarding property at 6056 No. Oak Avenue and the condi- tions that exist thereon, asking that it be considered as a possible public nuisance. Commissioner Breazeal moved to set public hearing for August 23, 1977, seconded by Commissioner Stacy and the motion carried. City Attorney Martin read title to Resolution No. 77- 762PC, 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 Breazeal moved to adopt by title only, seconded by Commissione: Stacy, and the motion carried. 10. ADJOURNMENT There being no further business, Commissioner Breazeal made a moticill seconded by Commissioner Stacy and carried, to adjourn. Time of adjournment was 9:45 p.m. • 1 •