HomeMy Public PortalAboutMinutes - 1978/07/11 - RegularPLANNING COM`M'ISSION MINUTES
July 11, 1978 7:30 P.M.
tITIATION:
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 11, 1978, by Chairman
Seibert.
2. PLEDGE OF ALLEGIANCE
Chairman Seibert led the Pledge of Allegiance to the Flag.
3. ROLL CALL
Present: Commissioners Abraham, Breazeal, Lawson, Stacy, Seibert
Absent: Commissioners - None
Also Present: City Manager Koski, City Attorney Martin, Planning
Director Dragicevich and Assistant Planner Kissell,
4. APPROVAL OF MINUTES - Meeting of June 27, 1978:
Chairman Seibert asked that the minutes be corrected to show that
Commissioner Breazeal's absence had been excused for cause. City
Attorney Martin stated the record should show he was in attendance.
Commissioner Abraham referred to p. 4, the correct spelling of
a party testifying was Mrs. Joanne Beattie.
Commissioner Stacy moved to approve the minutes of June 27, 1978,
as corrected, seconded by Commissioner Abraham, and the motion
carried by roll call vote with. Commissioners Abraham, Lawson, Stacy
and Seibert voting affirmative, and Commissioner Breazeal abstaining:
5. REORGANIZATION OF COMMISSION - 1978 -79
City Manager Koski assumed the Chair and announced nominations for
Chairman of the Planning Commission were now open, Chairman Seibert
nominated Commissioner Lawson, seconded by Commissioner Stacy.
Chairman Seibert moved to close nominations, seconded by Commissioner
Stacy and motion carried. Commissioner Breazeal moved to cast a
unanimous vote for Commissioner Lawson, seconded by Commissioner Stacy
and the motion carried.
Commissioner Breazeal commended Commissioner Seibert on the quality
of his chairmanship of the Commission, stating he had come to the
Planning Commission after serving on another Commission, and had
assumed the Chairman position here and did an outstanding job, both
with the public and with the other Commissioners. The rest of the
Commission concurred with these remarks.
Chairman Lawson opened nominations for Vice Chairman. Commissioner
Stacy nominated Commissioner Breazeal, seconded by Commissioner
Abraham. Commissioner Abraham moved nominations be closed, seconded
by Commissioner Seibert and motion carried. Commissioner Stacy
moved a unanimous vote be cast for Commissioner Breazeal as Vice
Chairman. Motion was seconded by Commissioner Abraham and carried.
6. CONTINUED PUBLIC HEARING:
ZONE VARIANCE CASE NO. 78 -525
AND
TENTATIVE TRACT MAP NO. 35012
Henrietta Eyraud )
9823 East Olive Street )
Temple City, Ca. ) Owners
Clarence Krieger )
9807 East Olive Street )
Temple City, Ca. )
PLANNING COMMISSION MINUTES
MEETING OF July 11, 1978 PAGE TWO
Fairhaven Development Corporation - Applicant
8656 East Huntington Drive
San Gabriel, Ca.
Site: 9807 -9823 East Olive Street
Zone: R -1, Single Family residential
Director Dragicevich, in giving the staff report, said the Commission,
at their last meeting, had considered Exhibit "A ", submitted by the
applicant. In the meantime, applicant has submitted two revised plans,
"A -1" and "A -2" for. consideration. On the original exhibit, 19 lots were
proposed, all with reduced lot area and width, and the plan called for
extension of Golden West from the present dead end south to Olive Street.
Staff has developed four alternative plans. Two have Golden West con-
necting with Olive, (Alternatives "A" and "B "), and "C" and "D" have
Nadine Street extending to Golden West. Alternatives "A" and "B" have
18 lots, and "C" and "D" have 17 lots with slight substandard situations.
Alternative "A" will be in compliance with City regulations, but Nadine
would not connect with Golden West Avenue.
Applicant's revised plans "A -1" and "A -2 ", show Nadine connected with
Golden West, and with 18 lots, and he showed the configuration of the lots,*
which have reduced lot area and lot width on the west side of Golden
West. On the east side there would be compliance with City regular
tions with lot width but slightly less than required lot area.
This matter was continued to tonight's meeting at the request of the
applicant at the previous meeting, the Director said. The City Attorney.
then said that the record should show that Commissioner Breazeal may
participate in this matter as the proposals before the Commission tonight
have not been considered yet, and the previous proposal'had been denied,
The Public Hearing was declared open,
Mr. George Wiegand, 8656 East Huntington Drive, developer of the subject
tract, commended the staff of the City for working hard with him on this
and previous developments. He then said that, due to the feelings ex-
pressed by home owners in the area at the last meeting, he developed
Exhibits 'A-1" and "A -2" which project Nadine Street to Golden West Avenue,
for safety factors such as emergency vehicles., and to eliminate traffic
problems. By projecting Nadine in this manner, he lost a lot and it will
cost about $20,000 for him to improve Nadine. In response to Commissioner
Breazeal's question about meeting requirements for granting zone variance
under Section 9201 of the Zoning Code, Mr. Wiegand said that the.require-
ment to project Nadine does create a hardship on the developer. He had
prepared the roriginal plan "A" in accordance with the Master Plan of the
City which does not indicate Nadine as connecting with Golden West. Now
he is proposing to develop the property under conditions he was not aware
of at the beginning, i.e., putting through Nadine Street.
In response to Commissioner Seibert, Mr. Wiegand said the escrow was not
contingent upon approval of the zone variance.
There was no one else to speak in favor.
In opposition, Mrs. Dorothy Kurpakus, 9863 Olive Street, said she had not
attended the previous hearing on this case, and she did not understand
why Nadine had to connect with Golden West, or why any of the lots need to
be smaller than required. There is an area just west of the proposed
development, with 16 houses, same amount of space, and apparently they met
City requirements. Chairman Lawson explained that the extension of Nadine
would be of benefit to emergency vehicles, and that the residents to the
east on Nadine requested this extension of the street.
There being no one else to speak to the issue, Commissioner Stacy made a ill
motion, seconded by Commissioner Breazeal and carried, to close Public Hearing.
Commissioner Seibert moved 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 Abraham.
Commissioner Breazeal moved to amend the motion reserving the right to make
negative impact findings in reviewing the request. Commissioner Abraham
seconded the amended motion and it carried unanimously.
PLANNING COMMISSION MINUTES
MEETING OF JULY 11, 1978 PAGE THREE
Commissioner Seibert said, in closed discussion, that he appreciated the
Ilact the developer took into consideration concerns of residents when he
came back with his two alternative proposals, but he still objected to
the number of substandard lots. He preferred staff plan "C ", He was not
in favor of granting the variance.
Commissioner Stacy thought the property is unique to the extent the de-
veloper is being asked to contribute to the public demand an extension
of a street. The street is not necessary for the development of this
project, but is for convenience of other people, and developer will lose
one 1,ot. In consideration of that fact, the City should be flexible with
him. The effect of the variance nn the public welfare would be beneficial,
as it will open up a difficult bottleneck. As for the effect on the
General Plan, the property could be developed to 22.85 lots. The property
can't be used under present requirements because of the City's demands for
the street. He was in favor of extension of Nadine, plan "A -1 which
offers'less substandard lots
Commissioner Abraham agreed with Commissioner Stacy. Developer, would not
have to ask for variance if Alternative "A" were being considered, but he has
.aged :to extend Nadine Street, He has gambled his money and has been
as "cooperative with the City as possible. The only way projects such as
this ae built is if the developer makes money. He was in favor of "A -1 ".'
Commissioner Breazeal said that,from the applicant's point of view,
economics are important, but that is not .a criterion mandated to the Com-
mission`either by the Zoning Ordinance or the California. Government Code.
In consideration of plan "A -1 ", applicant would not melt criteria for
granting zone variance under Section 9201. He preferredAlternative "C ", and
then a variance would be applicable to those lots abutting the extension
of Nadine as there would be a hardship, but it would not be applicable
to the other. lots. He did not agree applicant is being denied any property
rights enjoyed by others. He favored plan "C
Chairman Lawson said he analyzed the variance case and is of the opinion
applicant could come up with 18 lots if he didn't have to project Nadine
Street through to Golden West. He concurred with Commissioner Stacy
that the addition of this street is of benefit to the City and we should
work with the applicant to approve the variance with the extension of
Nadine. •,
Commissioner Seibert then spoke up to say that the subdivision is a very
permanent addition to the City. Many problems have been inherited from past
Commissions' decisions. To grant a variance, according to Section 9201, would
be so far out of line with variances as great as this application has,
problems will be created for future. commissions. He strongly requested
that the other three commissioners reconsider. It is not a matter of con-
sidering the applicant and residents of today, but those 20 -30 years from now,
just because of consideration for the developer who is willing to put in a
street. He bought the land knowing he would profit from it, however, when
developing a parcel that size, the developer has obligations to the com-
munity. Agreement to put in Nadine through to Golden West is not reason
for granting a zone variance for 14 substandard lots.
Commissioner Stacy commented on applicant's statement of special circum-
stances applicable to subject property, i.e., "within a radius of 300 ft. of
the subject property there are 90 lots, 52 of which have less than 7200 sq.
ft. of area, and 45 of the 52 have less than 7,000 sq. ft. 50 lots have
less than 60 ft. of frontage, 45 lots have 55 ft. or less of frontage."
Granting the variance is not bad, the City will be getting something the
public needs, the extension of Nadine. Commissioner Breazeal replied
the substandard lots were created before incorporation of the City or are
in cul -de -sacs. He was against granting a variance for 14 out of 18 lots
Aft that will be substandard and unique only because of the street being put
through.
Commissioner Stacy moved to grant zone variance in Case No. 78 -525 as
applicant meets criteria for granting under Section 9201, and incorporating
Plan "A -1." Motion was seconded by Commissioner Abraham and passed by roll
call vote with Commissioners Abraham, Stacy and Lawson in favor, and Breazeal
and Seibert against.
PLANNING COMMISSION MINUTES
MEETING OF JULY 11,1978 PAGE FOUR
Mr. George Weigand, applicant, said he had read the conditions, and
would lice to take exception to condition for block wall surrounding
the area, that he would prefer the type of wall left to his discretion.
Planning Director suggested that the plan for a wall be submitted to him
for review and approval. Condition 12, under plan "A -1" would require that
all corner lots, including those on Nadine; would have 15 ft. side yard
setback. Condition No. 9, requiring certain lots to be redesigned to
front on Nadine, would be eliminated in plan "A -1 ".
With reference to Tentative Tract No. 35012, Commissioner Stacy. moved
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 Abraham and carried.
Commissioner Stacy moved to recommend to the City Council approval of
Tentative Tract 35012, with plan "A -1," and with conditions as corrected.
Motion was seconded by Commissioner Abraham and carried with roll call vote
with Commissioners Abraham, Stacy and Lawson voting for and Commissioners
Breazeal and Seibert against.
-City Attorney Martin read title to Resolution 78- 802PC, A RESOLUTION OF
THE PLANNING. COMMISSION OF THE CITY OF TEMPLE CITY GRANTING VARIANCE IN
CASE 78 -525, AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE
TRACT 35012. Commissioner Stacy moved to waive further reading 'and adopt,
seconded by Commissioner Abraham and motion carried by roll call vote with
Commissioners Abraham, Stacy and Lawson voting for, and Commissioners
Breazeal and Seibert against.
7. CONTINUED PUBLIC HEARING:
CONDITIONAL USE PERMIT CASE NO. 78-532
James Edwards - Owner
P.O. Box 2655
Newport Beach, Ca.
Vernon and Terry Gilbert - Applicants
12131 Martha Ann Drive
Los Alamitos, Ca.
Site: 9055•East Las Tunas Drive
Zone: ,C -2, General Commercial
City Attorney Martin asked if applicant was present with owner's
consent to operate an amusement arcade in conjunction with existing
billiard parlor, and was told applicant had requested an extension
of hearing to the meeting of August 8, 1978. Mr. Martin said if
applicant does not have consent by the next,; regular 'meeting, the
case ,will be terminated.
Commissioner Seibert moved to continue Public Hearing to the next
regular meeting, seconded by Commissioner Breazeal, and the motion
carried.
8. PUBLIC HEARING: MODIFICATION OF CONDITIONAL USE PERMIT 71 -338
Texaco, Inc - Applicant /Owner
3350 Wilshire Boulevard
Los Angeles, Ca.
Site: 6273 Rosemead Boulevard
Zone: C -2, General Commercial
Director Dragicevich gave the staff report, saying applicant proposes to
construct a cashier's kiosk and convert gasoline sales to self - service.
He explained the plot plan marked Exhibit "A" showing the existing service
building and two pump islands. Proposed for construction is cashier kiosk
at the south end of the westernmost pump island. An intercom system is
proposed at each pump island. The proposal is categorically exempt from
the provisions of the California Environmental Quality Act of 1970, as
amended. He concluded his presentation by reviewing staff proposals if
the request is granted.
The Public Hearing was declared open.
PLANNING COMMISSION MINUTES
MEETING OF JULY 11, 1978
PAGE FIVE
Mr. Mike Dougherty, 262 Glen Summer Road, Pasadena, representing the
0 pplicant, said the move to self- service is an economic necessity for
he operators of service stations serving gasoline. Such move results
n reduction of labor, is quicker for the customer, and cheaper prices
for the customer because of decreased costs. He had not seen the
conditions, but, upon reviewing them at the podium, said the storage of
vehicles was the result of the operator subleasing his base out, and is
not company operated. This situation will continue unless the City
requires it to be discontinued. In response to questions from Chairman
Lawson, he said the intercom system is used to notify customer of proper
procedure in using pumps, or correct him if he is using them incorrectly.
They 'are used successfully at other locations, and the distance for inter-
com correspondence is only 50 -60 ft. at most.
There was no one else to speak for or against the proposal.
City Manager Koski said that, since Mr. Dougherty was not an authorized
representative of the company to speak that evening, and the representa-
tive was not present, there are certain conditions the Planning Commission
may wish to explore, such as the subleasing presently in existence without
conditional use permit. Vehicle repair is a primary use and may require
a conditional use permit.
4I/Mr. Dougherty replied that the sublessee is on a 30 -day notification, 90
days with rental items.
Commissioner Seibert moved to continue Public Hearing on Modification of
Conditional Use Permit 71 -338., seconded by Commissioner Abraham and carried,
to be continued to next regular meeting of the Planning Commission,
9. PLANNING COMMISSION CONSIDERATION:
FRONT YARD DETERMINATION CASE NO, 78 -534
Roger A. Cope - Applicant /Owner
9815 Longden Avenue
Temple City, Ca.
Site: 9815 Longden Avenue
Zone: R -1, Single Family residential
Director Dragicevich explained the applicant proposes to construct an
addition connecting an existing house to a hobby room, He explained the
plot plan marked Exhibit "A" showing existing single- family residence
with detached two -car garage. A covered .. breezeway attaches the residence
with a hobby room, the latter being 1 ft. 6 in. from the north property
line. The residential building is located 20 ft. from Salter, and 20 ft.
from Longden Avenue. The proposed enclosure is a straight line addition.
The residential building is oriented toward Longden Avenue. The garage
maintains a 2 ft. setback from the westerly property line, Proposed is
an addition to the garage. He gave the factual data on the subject property,
and continued by saying the request is categorically exempt from Environmental
Impact Report under Section 15101, Class 1, Existing Facilities.
The proposed addition to the existing two -car garage is not in compliance,
as it is 3 ft. from the main residence, The issue is not the addition to .
the garage, but determining the front yard. When applicant requests per-
mission to build addition, he will have to comply with present regulations
or seek variance.
Mr. Roger Cope, 9815 E. Longden, applicant, said he bought the house in
. 1974, and at that time investigated with the City the possibility of enclos-
ing the breezeway, and had letters from the City saying the structure is
nonconforming, but legal, the breezeway can be legally enclosed with proper
building permits. Eventually he plans to move the hobby room to the west
411 portion of the property.
Commissioner Stacy explained that all the Commission would do this evening
would be to determine his front yard, and applicant is under no obligation
or requirement to have the determination made at this time. It will not
affect his present addition. Mr. Cope replied he would rather have the
flexibility and not seek a determination at this time.
PLANNING COMMISSION MINUTES
MEETING OF JULY 11, 1978 PAGE SIX
Commissioner Stacy moved to terminate proceedings in Front Yard Determinar^{
tion Case No. 78 -534, seconded by Commissioner Abraham, and carried.
10. PLANNING COMMISSION CONSIDERATION:
FRONT YARD DETERMINATION CASE NO. 78 -535
Robert Friis - Applicant /Owner
6408 Temple City Boulevard
Temple City, Ca.
Site: 6408 Temple City Boulevard
Zone: R -1, Single Family residential
Director Dragicevich explained the applicant proposes to erect a 6 ft. high
fence from the northwest corner of the existing residence extending 10 ft.
north then parallel with Val Street. He referred to the plot plan marked
Exhibit "A" showing existing single family structure with detached two -
car garage. The residence is oriented toward Temple City Boulevard and
has a setback of 15 ft. He gave the factual data on the subject property
and concluded by saying that the request is categorically exempt from
the provisions of the California Environmental Quality Act of 1970, as
amended (under Section 15101, Class 1, Existing Facilities).
Commissioner Seibert asked if it had been determined if the proposal would
affect vision clearance for traffic on Temple City Boulevard, and the
Director responded there would be the required 40 ft, of unobstructed
view at that corner as required by the City. Replying to questions from
Chairman Lawson, the Director said there are no sidewalks on the north
side of the property, and the sidewalks on Temple City Boulevard, at this
location, are adjacent to curb. The sidewalks there are 6 ft. wide, and
there will be 4 ft. from the sidewalk to the proposed fence.
Mr. Robert Friis, 6408 Temple City Boulevard, applicant, said he is erecting
the fence to contain his dog and to give him some privacy.
Commissioner Stacy moved to determine that the Temple City Boulevard is
the front yard, and that applicant may build the requested fence per
Exhibit "A" as indicated because of orientation of house on the lot.
Motion was seconded 134y Commissioner Abraham and carried.
11. COMMUNICATIONS
Planning Director referred to letter sent. to Regional Planning Commission
by the City opposing a proposed development east of Santa Anita Avenue,
at the corner of Florinda and Freer because it would create substandard
lot width for three of the lots proposed, along with substandard lot
area. He referred to the plan for the development which illustrates
the configuration of the lots. The Commissioners were in agreement with
staff's action in opposing the development.
12. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - No one came forward
RECESS TO TEMPLE CITY RELOCATION APPEALS BOARD:.
Planning Commission recessed at 8:50 p,m, to meet as the Temple City
Relocation Appeals Board, all members being present, and had reorganiza-
tion of the Board. The minutes are set forth in full in the records of
the Board.
RECONVENE AS PLANNING COMMISSION:
13. MATTERS FROM CITY OFFICIALS
Environmental Quality and Code Enforcement
Program Report from June 2, 1978 to July_
3, 1978.
0
PLANNING COMMISSION MINUTES
MEETING OF JULY 11, 1978
PAGE SEVEN
Commissioner Breazeal commented that progress was being made on
closures of cases, and Assistant Planner Kissell said the weeds
and overgrown vegetation cases were being corrected, accounting
for the closures. Replying to question from Commissioner Seibert,
Mr. Kissell said the unsecured swi.uuning pool was the result of
a gate that had been broken, and he worked with the residents and
resolved the problem. The overweight commercial vehicles reported
were 2 new situations which have been resolved, and the City is
working with the Sheriff's Dept. to resolve the third case. Com-
missioner Breazeal stressed the importance of the code enforcement
work in maintaining an attractive and clean community.
14. ADJOURNMENT
There being no further business, Commissioner Breazeal made a motion,
seconded by Commissioner Stacy and carried, to adjourn. Time of
adjournment was 9:00 p.m.
ATTEST: