HomeMy Public PortalAboutMinutes - 1977/08/23 - Regular"
1 . C A L L . T O O R D E R
2 .
3 ,
P L A N N I N G C O M M I S S I O N M I N U T E S
A u g u s t 2 3 , 1 9 7 7
T h e r e g u l a r m e e t i n g o f t h e P l a n n i n g C o m m i s s i o n o f t h e C i t y o f
T e m p l e C i t y w a s c a l l e d t o o r d e r a t 7 : 3 0 p . m . , A u g u s t 2 3 , 1 9 7 7 ,
b y C h a i r m a n S e i b e r t .
P L E D G E O F A L L E G I A N C E
C h a i r m a n S e i b e r t l e d t h e P l e d g e o f A l l e g i a n c e t o t h e F l a g .
R O L L C A L L
P r e s e n t : C o m m i s s i o n e r s B r e a z e a l , L a w s o n , S t a c y , S e i b e r t
A b s e n t : C o m m i s s i o n e r s - N o n e
A l s o p r e s e n t : A s s t . C i t y M a n a g e r B i e l , C i t y A t t o r n e y M a r t i n ,
P l a n n i n g D i r e c t o r D r a g i c e v i c h a n d A s s t . P l a n n e r R i c h a r d s , .
4 . A P P R O V A L O F M I N U T E S - R e g u l a r M e e t i n g o f J u l y 2 6 , 1 9 7 7
T h e r e b e i n g n o a d d i t i o n s o r c o r r e c t i o n s t o t h e m i n u t e s , C o m m i s s i o n e r
B r e a z e a l m a d e a m o t i o n , s e c o n d e d b y . C o m m i s s i o n e r . S t a c y a n d p a s s e d ,
t o a p p r o v e t h e m a s w r i t t e n .
P U B L I C H E A R I N G : R E C O M M E N D A T I O N T O A M E N D Z O N I N G C O D E R E L A T I N G
T O C E R T A I N O F F I C E A N D S E R V I C E U S E S U N D E R 1 , 0 0 0
S Q . F T . O F G R O S S F L O O R A R E A W I T H I N T H E C - 1
Z O N E ( S e c t i o n 9 3 9 9 . 1 B )
D i r e c t o r D r a g i c e v i c h g a v e t h e s t a f f r e p o r t , s a y i n g t h e P l a n n i n g
C o m m i s s i o n , a t t h e i r r e g u l a r m e e t i n g h e l d J u l y 2 6 , 1 9 7 7 , c l a r i f i e d
t h a t C - 1 r e g u l a t i o n s r e l a t i n g t o c e r t a i n o f f i c e a n d s e r v i c e t y p e
u s e s u n d e r 1 , 0 0 0 s q . f t . o f g r o s s f l o o r a r e a ( S e c t i o n 9 3 9 9 . 1 B ) : .
r e f e r t o e x i s t i n g s t r u c t u r e s o n l y T h i s m e a n s , i n e s s e n c e , t h a t n o
n e w b u i l d i n g s w i t h l e s s t h a n 1 , 0 0 0 s q . f t . w i l l b e a l l o w e d , n o r
f u r t h e r s u b d i v i s i o n o f e x i s t i n g s t r u c t u r e s w i t h i n t h e C - 1 z o n e w h i c h
c o u l d r e s u l t i n l e s s t h a n 1 , 0 0 0 s q . f t . o f g r o s s f l o o r a r e a . E x p a n -
s i o n o f e x i s t i n g s t r u c t u r e s h a v i n g l e s s t h a n 1 , 0 0 0 s q . f t . o f o f f i c e .
o r s e r v i c e c o m m e r c i a l u s e s w a s n o t t h e i n t e n t o f O r d i n a n c e 7 5 - 4 1 8 .
H e f u r t h e r e x p l a i n e d t h i s c l a r i f i c a t i o n f o l l o w e d a n i n q u i r y r e l a t i n g .
t o t h e p r o p o s e d c o n v e r s i o n o f a f o r m e r s e r v i c e s t a t i o n s i t e a n d i t s
e x p a n s i o n a n d d i v i s i o n i n t o t w o n o n - r e t a i l t y p e b u s i n e s s e s , e a c h
h a v i n g l e s s t h a n 1 , 0 0 0 s q . f t .
I n r e v i e w i n g t h e d r a f t r e s o l u t i o n p r e p a r e d b y t h e C i t y A t t o r n e y , C o m -
m i s s i o n e r S t a c y s a i d i t d i d n o t r e f l e c t t h e C o m m i s s i o n e r s ' t h i n k i n g ,
t h a t i t s h o u l d s p e c i f y t h e r e w o u l d b e n o e x p a n s i o n o r s u b d i v i d i n g o f
e x i s t i n g s t r u c t u r e s , n o r c o n s t r u c t i o n . . o f n e w b u i l d i n g s o f l e s s t h a n . .
1 , 0 0 0 s q . f t . T h e C i t y A t t o r n e y w a s i n s t r u c t e d t o c o r r e c t t h e d r a f t
r e s o l u t i o n .
1
1
T h e P u b l i c H e a r i n g w a s d e c l a r e d o p e n . N o o n e c a m e f o r w a r d t o s p e a k .
C o m m i s s i o n e r L a w s o n m o v e d t o c l o s e P u b l i c H e a r i n g , s e c o n d e d b y C o m -
m i s s i o n e r B r e a z e a l a n d t h e m o t i o n c a r r i e d .
C o m m i s s i o n e r S t a c y m o v e d t h a t t h e I n i t i a l S t u d y i s c o m p l e t e a n d
s a t i s f i e s t h e p u r p o s e s s e t f o r t h i n S e c t i o n 1 5 0 8 0 , s u b s e c t i o n ( b ) , o f
t h e S t a t e E . I . R . G u i d e l i n e s i n t h a t i t i d e n t i f i e s t h e e n v i r o n m e n t a l
i m p a c t o f t h e p r o j e c t a n d f o c u s e s o n i t s p o t e n t i a l l y s i g n i f i c a n t e n -
v i r o n m e n t a l e f f e c t s , a n d t h a t t h e n e g a t i v e d e c l a r a t i o n b e a d o p t e d .
M o t i o n w a s s e c o n d e d b y C o m m i s s i o n e r B r e a z e a l a n d c a r r i e d .
C o m m i s s i o n e r S t a c y m o v e d t o r e c o m m e n d t o t h e C i t y C o u n c i l a n a m e n d m e n t
t o t h e T e m p l e C i t y Z o n i n g C o d e r e l a t i n g t o c e r t a i n o f f i c e a n d s e r v i c e
u s e s u n d e r 1 , 0 0 0 s q . f t . o f g r o s s f l o o r a r e a w i t h i n t h e C - 1 Z o n e ( S e c -
t i o n 9 3 9 9 . 1 B ) . M o t i o n w a s s e c o n d e d b y C o m m i s s i o n e r B r e a z e a l a n d c a r r i e d .
PLANNING COMMISSION MINUTES
MEETING OF AUGUST 23, 1977 PAGE TWO
City Attorney read title to Resolution No. 77- 763PC, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING AN AMENDMENT TO SECTION 9399.1B
OF THE TEMPLE CITY ZONING CODE. Motion to waive further reading and adopt was made
by Commissioner Breazeal, seconded by Commissioner Stacy and carried.
6. PUBLIC HEARING: DETERMINATION OF EXISTENCE OF PUBLIC NUISANCE
6056 N. Oak Avenue
Temple City, Ca.
The Planning Director gave the staff report, saying that a building permi
was issued for a room addition to the existing residence, in November of
1970. In December, 1972, a progress inspection was made by the Building
Dept. which disclosed the addition had been occupied without inspection
or approval. Also it was noted that the exterior of the addition had not
been weatherproofed in an approved manner. Attempts to work with the
property owner were unsuccessful, and the owner appeared before the
District Attorney on April 17, 1973. The installation of two coats of
stucco terminated further legal action. The color coat has not been applied
since that date. In May, 1975, approval was granted for an addition to the .
existing garage. In March, 1976, the owner was contacted to complete the
garage addit:i.on. Several letters have been sent by staff since that time
regarding completion of the garage addition, applying the color coat to
the residential addition, and cutting back of vegetation over the public
right -of -way, without results. The Commissioners were shown snapshots of .
the property, taken two weeks ago. Asst. Planner Richards said inspection.*
on August 23, 1977, revealed there had been no change since the snapshots
were taken.
In response to Commissioner Stacy's question, the Director said a second .
building permit for the second addition was approved by the Planning
Department because of assurance by applicant that he would complete his
project. It is more economical to complete two structures simultaneously.
The Public Hearing was declared open.
Mr. Pedar Johnson, 6056 N. Oak Avenue, said he had toured some of the Cit
and listed those properties he observed with overgrown vegetation, some
worse than his. He listed several properties in his area which had sold
recently and had not suffered any diminution of property value because of
the condition of his property. He was in favor of widening both streets
so the corner on which he lives would be cleaned up. He still has changes to
make on his garage. Because of vandalism and burglary at his residence
he is changing all doorways, and then he will plaster and color coat. The
work should be completed within the next six months. Further, he felt since
the City owns the public right -of -way, they should maintain it. Chairman
Seibert explained it was the property owner's responsibility to maintain •
the right -of -way adjacent to his property.
In response to questions by the City Attorney, the Director said the basic
issues were the negligence of maintenance of the public right -of -way and
the slow progress in completion of residential building and garage. The
overgrown vegetation could harbor vermin and rats and the volunteer elm
tree is a pedestrian hazard. The work on the structures has been in
progress for at least 6 years. In response to Commissioner Breazeal's
question, the Director said a building permit is being required as condi-
tion of abatement as staff is unaware what has been done in the interior
of the garage.
There being no one else to speak to the issue, Commissioner Breazeal made
a motion, seconded by Commissioner Lawson, to close Public Hearing.
Commissioner Breazeal said he had driven past the property and agreed that
the vegetation is a hazard to pedestrians, and could harbor vermin and
rats. He was in favor of property owner getting building permit prior to
applying paint and color coat. There was no evidence that the slow con- 0
struction caused diminution of property values. He was in favor of the
methods of abatement, listing the requirement to paint or color coat
stucco work to be the last to be accomplished.
PLANNING COMMISSION MINUTES
MEETING OF AUGUST 23, 1977 PAGE THREE
Commissioner Lawson also viewed the property and agreed with Commissioner
Breazeal's comments. He felt the six - months for completion requested by
the property owner was too long, and a shorter period of time should be
• imposed for completion.
Commissioner Stacy felt the City has been reasonable in the construction
work being conducted on this property. The property should be declared
a public nuisance and the paint and stucco coat be required within three
months.
Chairman Seibert agreed with items to be done. Construction has been
going on for seven years. Three months is too long, and he favored 60
days.
Commissioner Stacy moved to declare the property a public nuisance and
recommend abatement thereof. Motion was seconded by Commissioner Lawson
and carried.
City Attorney Martin read title to Resolution No. 77- 764PC, A RESOLUTION
OF THE PLANNING COMMISSION DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE
AND RECOMMENDING ABATEMENT THEREOF. Commissioner Breazeal moved to waive
further reading and adopt, seconded by Commissioner Lawson and the motion
carried.
40 7. PUBLIC HEARING: CONDITIONAL USE PERMIT CASE 77 -511
Robert H. Siteman et al - Owner
P.O. Box 1839
Santa Monica, Ca.
1
USA Petroleum Corporation — Applicant
P.O. Box 1839
Santa Monica, Ca.
Site: 5450 Rosemead Boulevard
Zone: C -3, Heavy Commercial
Director Dragicevich gave the staff report, saying applicant proposes
to replace an existing service station with a new structure and attend-
ant facilities. He gave the factual report on the case, explained the
plot plans Exhibit "A" and "B reviewed the factual data on the subject
property and surrounding area, and summarized the staff proposals if the
project is approved. He concluded by saying that the project is categoric-
ally exempt from the provisions of the California Environmental Quality Act
of 1970 (Section 15102(b), Class 2, Replace or Reconstruction).
• In response to Commissioner Stacy's question regarding compliance with
Fire Department recommendations, the Director said there is sufficient
fire flow based on information from the water company serving this loca-
tion. Replying to question from Chairman Seibert, the Director said
all driveways will have right -turn only egress, at the recommendation
from the Traffic Engineer. The alley on the south goes to Sultana and
to Rosemead.
The public hearing was declared open.
Mr. Kenneth Sorgatz, representing the applicant, gave a background of his
company, saying this location was the first station and now there are 220
Iof them throughout the United States, Hawaii and Puerto Rico. He does not
anticipate an increase in volume after reconstruction of this station. He
reviewed the conditions proposed by staff, and the Commissioners were
agreeable to modifying some of them for cause.
Mrs.Land, 6555 N. Oak Avenue, asked about the circulation pattern of the
project, and it was explained to her.
iThere being no one else to speak to the issue, Commissioner Breazeal moved
to close Public Hearing, seconded by Commissioner Stacy and the motion
carried.
Commissioner Lawson said,with corrections made and with the requirements
that must be imposed, he was in favor of the project. It will he an asset
to the City.
PLANNING COMMISSION MINUTES
MEETING OF AUGUST 23, 1977 PAGE FOUR
Commissioner Stacy agreed, saying applicant meets requirements for grant-
ing a conditional use permit. Because of the vapor recovery system the
applicant will install, there will be a reduction in air pollution, and
the project will improve the aesthetic appearance of that location.
Commissioners Breazeal and Seibert were in agreement with approving the
project for reasons cited.
•
Commissioner Stacy moved to grant conditional use permit in case No.
77 -511 as the site is adequate in size, shape, topography and circumstan
has sufficient access to streets and highways, and will not have an adve
effect upon the use, enjoyment or valuation of adjacent property or the
public welfare, with conditions as modified. Motion was seconded by Com-
missioner Breazeal and carried.
City Attorney Martin read title to Resolution No. 77- 765PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING CONDITIONAL.
USE PERMIT IN CASE NO. 77 -511. Commissioner Breazeal made a motion,
seconded by Commissioner Stacy, to adopt by title only. Motion carried.
Chairman Seibert called a recess at 9:00 p.m., and reconvened the meeting
at 9:10 p.m.
8. PUBLIC HEARING: TENTATIVE PARCEL MAP 568 (Los Angeles County 8557)
Allene R. Wheeler - Applicant /Owner
6537 No. Oak Avenue
Temple City, Ca.
Site: 6537 No. Oak Avenue
Zone: R -1, Single Family residential
Director Dragicevich gave the staff report, saying applicant proposes to
divide two existing parcels into three. He explained the plot plan marked
Exhibit "A ", gave the factual data on the subject property and surroundin
area, and reviewed the staff proposals. He said that, pursuant to the
California Environmental Quality Act of 1970, as amended, an Initial Stud_
was submitted to the Planning Commission stating the proposed land division
will not have an adverse impact upon the environment and, therefore a full
Environmental Impact Report is not required. Environmental documents
(Negative Declaration) are on file at the Planning Department.
Commissioner Breazeal questioned the condition for removal of existing curb,
gutter and driveway apron on Oak Avenue, and installation of full-height
curb and gutter. The Planning Director said that all illegal driveway
approaches are required to be removed under the Temple City Municipal Cod.
however, if a garage is built, or some indication of such development,
within 90 days after approval of the parcel map, and this present drive-
way would serve it, that condition would not apply.
The public hearing was declared open.
Mr. Leonard Stahl, 721 Katherine Street, Arcadia, said he has opened escrow .
on the purchase of parcels 1 and 2, subject to the approval of the lot
split. He is willing to comply with all conditions relating to these two
parcels. He is planning to build a new .house on parcel 2 and will comply
with City regulations regarding the driveway. The applicant is planning
to build a new house on parcel 3 or physically move from parcel 1 to 3.
He plans to build a new garage, attached, or detached, on parcel 1. He
may demolish the present house on that parcel and build a new one. He
intends to start his projects as soon as he can.
Mr. Jeff Moore, M. W. Finley Co., 1047 E. Las Tunas Drive, who prepared
the parcel map, was willing to answer any questions. He asked why the
City was requiring a 5 ft. setback on the accessory structure on parcel
3. The Director explained the situation to Mr. Moore.
Mrs. Allene R. Wheeler, 6537 North Oak Avenue, applicant, said the woode•
shed the City is requiring her to move to comply with the 5 ft. setback,
is in good condition and she does not want to tear it down, She intends
to put a fence behind it on the property line, 6 ft. high.
1
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PLANNING COMMISSION MINUTES
MEETING OF AUGUST 23, 1977 PAGE FIVE
Mr. Benjamin King, 9193 E. Jaylee Dr., said his property abuts the
subject property, and the shed in question has been there for at
least 25 years, and does not bother him at all.
Commissioner Breazeal moved to close public hearing, seconded by
Commissioner Stacy and carried.
Commissioner Stacy was agreeable to recommend approva -1 of the parcel
map. He would like the wooden shed to remain if possible as it seems
to be a substantial structure. The Planning Director said it is non-
conforming in its present location, but could remain if brought up to building_
code. Commissioner Stacy said he would then be in favor of approval.
The other Commissioners agreed.
Commissioner Stacy moved to approve the Tentative Parcel Map No. 568
subject to staff conditions, and to require removal of one storage
shed and bring one wooden shed up to Building Code, and he further
moved that the Initial Study is complete and satisfies the purposes set
forth in Section 15080, subsection (b), of the State E.I.R. Guidelines in
that it identifies the environmental impact of the project and focuses
on its potentially significant environmental effects, and that the
negative declaration be adopted. Motion in its entirety was seconded
by Commissioner Breazeal and carried.
City Attorney Martin read title to Resolution No, 77- 766PC, A RESOLUTION'
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING.TENTATIVE
PARCEL MAP NO. 568 (Los Angeles County No: 8557). •Commissioner Stacy
moved -to waive further reading and adopt, seconded by Commissioner Lawson
and the motion carried.
9. PLANNING COMMISSION CONSIDERATION:
TENTATIVE PARCEL MAP NO 569 (Los Angeles County 8368)
Robert & Nina Lindholm )
4801 Birchland Avenue )
Temple City 91780
Richard and Shirley Hunt
4811 Birchland: Avenue )
Temple City 91780 ) Owners
Eugene and Deborah Evans )
4821 Birchland. Avenue
Temple City 91780 )
R. L. Lindholm - Applicant
3530 Mountain View
Pasadena, Ca.
Site: 4801,4811 and 4821 Birchland Avenue
Zone: R -1, Single. Family residential and
R -4, Limited Commercial - Residential. •
Director Dragicevich gave the staff report, say.ing.applicant proposes to
allow a minor lot line adjustment between three contiguous parcels by
dividing a 15 x 195 ft. parcel to be added to the subject parcels. He
explained the plot plan marked Exhibit "A" showing the tentative parcel •
map with existing and proposed property lines for Parcels 1, 2 and 3,
reviewed the factual data on the subject properties and adjacent area,
and summarized the staff proposals. He concluded by saying the proposed
lot line adjustment is categorically exempt from provisions of the
California Environmental Quality Act of 1970 (Article 8, Section 15101(a),
Class 5, Alterations in land use limitations).
Mr. Richard Hunter, 4811 Birchland Avenue, owner of one of the properties
involved in the case, said the strip of land involved was used by a
missionary home for an approach from Lower Azusa Road, but that home
is not in existence. It was bought by the owner of the corner property
who now wants to sell. He proposed buying the portion behind his property
and that south of his property as an entrance to his back yard as he
has a number of vehicles and could use the access. The Commissioners
informed him it would require a new application, and suggested he seek
easement rights from the property to the south of him.
PLANNING COMMISSION MINUTES
MEETING OF AUGUST 23, 1977 PAGE SIX
Commissioner Breazeal moved to approve Tentative Parcel Map No. 569 as
it will discontinue the use of a piece of land as a trash area and .
maintenance problem, and the additional square footage to parcel 3
will make that parcel meet R -1 standards. Commissioner Stacy seconded
the motion and it carried.
City Attorney Martin read title to Resolution 77--767PC, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE
TRACT NO. 56.8 (Los Angeles County No.8368). Commissioner Breazeal moved
to adopte by title only, seconded by Commissioner Stacy and the motion
carried.
10. COMMUNICATIONS
Commissioner Breazeal referred to letter received from a party who had
contacted him previously about a business being conducted on Hallo-
well Avenue, stating that this problem had been corrected, and staff
was to be commended for handling this matter promptly.
11. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - No one came forward.
12. MATTERS FROM CITY OFFICIALS
(a) Environmental Quality and Code
Enforcement Program Report
Director Dragicevich reviewed the report which was received and filed
by the Commissioners.
(b) Set Public Hearing re Abatement of Nonconform-
ing Uses or Set Study Session Date
This item was set for Study Session for September 12, 1977.
(c) Corner Lot Setbacks (Large Lots and
One -lot Subdivisions )
This item was set for Study Session for September 12, 1977,
(d) Consider New Regulations for Processing
Environmental Impact Reports
Director Dragicevich stated that, in addition to the new regulations,
the Commissioners were to review a chart showing time involved in the
processing of Environmental Impact Reports and related forms, and
asking consideration for requirements for deposits for processing
these forms. Commissioner Breazeal asked if the charges on the report
reflect costs, and the Director said the fees were only deposits, the
times were specific, but each case would be charged on an individual
basis.
Commissioner Breazeal moved to recommend approval of Environmental
Impact Report regulations including requirements for deposits for
processing these reports,. the City Council. Motion was seconded
by Commissioner Stacy and carried.
13. ADJOURNMENT
There being no further business, Commissioner Breazeal made a motion,
seconded by Commissioner Stacy and carried, to adjourn. Time of
adjournment of the meeting was 10:00 p.m.
ATTEST:
Secretary •
CIA= rman