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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: