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HomeMy Public PortalAboutMinutes - 1978/11/14 - Regular- • PLANNING, COMMISSION MINUTES November 14, 1978 INITIATION: 1. CALL TO ORDER t • • The regular meeting of the Planning Commission of the City of Temple City was called to order at 7:30 p.m.,,November 14', 1978, by Chairman Lawson. 2. PLEDGE OF ALLEGIANCE Chairman Lawson led the Pledge of Allegiance to the Flag. 3. ROLL CALL Present: Commissioners Breazeal, Seibert, Stacy, Lawson Also present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich and Planning /Engineering Aide Alexanian. Commissioner Breazeal moved to excuse Commissioner Abraham's absence for cause, seconded by Commissioner Seibert and the motion carried. 4 APPROVAL OF MINUTES - Meeting of October 10, 1978 (Meeting of October 24, 1978 was cancelled due to lack of quorum) There being no additions or corrections to the minutes, Commissioner Breazeal made a motion, seconded by Commissioner Seibert and carried, to approve the minutes as written. 5. PUBLIC HEARING: TENTATIVE TRACT MAP NO. 35027 Frank Davidson and Adela Nicely - Owners 5811 Temple City Boulevard Temple City, Ca. Frank Davidson - Applicant 5811 Temple City Boulevard .Temple City, Ca. Site: 5548 Welland Avenue Zone: R -3, Heavy Multiple residential Director Dragicevich gave the staff report, stating applicant is request- ing approval for a tentative tract for a 9 -unit condominium project. He referred to plot plans marked Exhibits "A" and "A-1" showing the proposed development. It will consist of 9 two - story residential structures. Each unit will have an attached 2 -car garage and there will be additional 5 open parking spaces. He gave the factual report on the subject property and surrounding area, the zoning history, and stated that a Negative Declaration of Environmental Impact has been filed on this proposal stat- ing that the proposed development will not have an adverse impact upon the environment. He briefly reviewed the staff proposals if the tract is approved, and said it is proposed by staff also to move the jacuzzi from the east property line to the area between the two structures to provide a more central location for this facility and provide two park- ing spaces in the area originally designated for the jacuzzi, where these parking spaces would have a turn - around area not presently pro- vided for the spaces on the east property line. In reply to Chairman Lawson's question, the Planning Director stated that the proposed density is 12 units per acre as there is a small segment of R -3 zoned property and the rest of the area is R -1 and R -2, and the pro- posed density is an over -all average of these three zones, according to the General Plan. PLANNING COMMISSION MINUTES PAGE TWO MEETING OF NOVEMBER 14, 1978 Replying to Commissioner Breazeal's inquiry, the Planning Director said he was not aware of any easements existing on the subject property, and that an 21 ft. driveway is proposed as this width has proven adequate in the past. Developer is willing to provide 24 -25 ft. driveway if necessary. This development is not high density. City Manager Koski referred to p.3, condition 4, regarding vehicular access rights, that the condition was not explicit, and it was the Com- mission's consensus the wording should be that these rights for each unit shall be provided unobstructed and limited to the driveway approach to Welland Avenue and dedicated, as shown on Exhibits "A" and "A -1 ". Mr. Koski also referred to the condition 7, referring to the covenants, conditions and restrictions, that this document should be subject to the City's approval. The Commissioners agreed with this suggestion. He also referred to condi- tion 15, requiring a landscaping and irrigation plan to be submitted to the Planning Department for approval, and suggested a time - limit. It was determined to add the wording "prior to issuance of building permit ". Commissioner Seibert expressed concern about the turn- around radius for the two parking spaces at the east property line, and the trash area. It was determined that staff would work with the developer, possibly reducing the size of the units, to resolve any problems in this area, The Public Hearing was declared open, Mr. Jim Kuhn, 1705 So. Santa Anita Avenue, Arcadia, building designer for the development, said he was willing to answer any questions. Applicant had reviewed the proposed conditions and was agreeable to them. Commissioner Seibert asked him about the parking spaces on the east property line and possible difficulty in turning around. Mr. Kuhn replied he is planning to reduce the width of proposed units which will alleviate any turn- around problems. There being no one else to speak to the issue, Commissioner Seibert moved to close public hearing, seconded by Commissioner Breazeal, and the motion carried. Commissioner Breazeal moved to certify the filing of a Negative Declaration of Environmental Impact as the Initial Study, prepared by the Planning Department failed to disclose any significant adverse impacts which cannot be mitigated substantially. Motion was seconded by Commissioner Stacy and carried. In closed discussion, Commissioner. Stacy said he had no objection to the development as proposed provided the changes as recommended are included • in the conditions. Commissioner Seibert said he was not pleased with the development, but had insufficient reason to vote against it. Commissioner Breazeal and Lawson agreed they had no objections and it met requirements of the City. Commissioner Stacy moved to approve tentative tract No. 35027 with condi- tions as modified. Commissioner Breazeal_ seconded the motion and it carried. City Attorney Martin read title to Resolution No.78- 817PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING APPROVAL OF TENTATIVE TRACT NO. 35027. Commissioner Breazeal moved to adopt by title only, seconded by Commissioner Seibert and the motion carried. 6. PUBLIC HEARING: ZONE VARIANCE CASE NO. 78 -540 Chris Construction Co. - Owner 6002 Burton Avenue San Gabriel, Ca. Chris Bade - Applicant 6002 Burton Avenue San Gabriel, Ca. PLANNING COMMISSION MINUTES MEETING OF NOVEMBER 14, 1978 PAGE THREE Site: 5830 Cloverly Avenue • Zone: R -3, Heavy Multiple residential The Planning Director gave the staff report, saying applicant proposes to construct a 4 -unit condominium project with a) a 2 -car garage located on the rear property line, abutting a public alley (required setback 5 ft. - proposed 0 ft.); b) a driveway providing access from a public alley (required width - 16 ft., proposed 12 ft.); c) a 2 -car garage having vehicular access directly visible from a public street. He gave the factual data on the subject property and surrounding area, the zoning history of the property, and said a Negative Declaration had been filed pursuant to the California Environmental Quality Act of 1970, as amended, indicating that the proposed development would not have an adverse impact upon the environment. He reviewed the staff proposals if the project is approved, and said that, if it is approved, a parcel map will be required. In response to Commissioner Lawson's question if the trash area was adequate for truck pick -up, the Director said he had discussed it with Community Disposal who informed him it was adequate. Commissioner Stacy asked what was the setback generally along the alley, and was told 5 ft. City Manager Koski added the alley is 20 ft. in width, and a 5 ft. set - ack gives a 25 ft. turn - around. It he public hearing was declared open. Mr. Chris Bade, 6002 Burton Avenue, applicant, replying to Commissioner Breazeal's question, said he was proposing four units instead of three for economic reasons. There 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 Breazeal moved to certify filing of a Negative Declaration of Environmental Impact as the Initial Study, prepared by the Planning Depart- ment, did not disclose any significant adverse impact on any of the physical conditions within the area which cannot be mitigated substantially. Motion was seconded by Commissioner Stacy and carried. Commissioner Breazeal, in closed discussion, said applicant has not shown there are unusual circumstances applicable to the property involved that were not in fact imposed by the owner of the property to maximize the use . of the property. Owner is not being denied property rights . possessed by • other property similarly situated as he could develop the property, without a variance /similar to others in the area. The granting of the request would not affect the General Plan, but, since all conditions of Section 9201 of the Zoning Code must be met, and, in this instance, are not, he was against the proposal. Commissioners Seibert, Stacy and Lawson concurred. Commissioner Seibert moved to deny zone variance in Case No. 78 -540 as it did not meet requirements for granting under Section 9201 of the Zoning Code as stated. Motion was seconded by Commissioner Breazeal and carried. City Attorney Martin read title to Resolution 78 -818, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING VARIANCE IN CASE. NO. 78-540. Commissioner Breazeal moved to adopt by heading only, seconded by Commissioner Seibert and the motion carried. 7. PLANNING COMMISSION CONSIDERATION: FRONT YARD DETERMINATION CASE NO. 78 -541 Lucile Burr et al - Owner 205 E. Reed Covina, Ca. Chris Bade - Applicant 6002 Burton Avenue San Gabriel, Ca. Site: 10766 Grand Avenue Zone: R -1, Single Family residential PLANNING COMMISSION MINUTES MEETING OF NOVEMBER 14, 1978 PAGE FOUR Director Dragicevich gave the staff report, saying applicant proposes to construct a single - family residence with a 15 ft. setback from McClintock; and a 20 ft. front setback from Grand Avenue. He referred to the plot plan marked Exhibit "A" showing the existing single - family residence with an attached two -car garage. The existing house to the west is facing Grand Avenue. Commissioner Seibert said that, since the address is on Grand, in his opinion that would be the front yard, and the 15 ft. side yard would be adequate. Commissioner Breazeal concurred, adding that there would be 31 ft. between residential structures so there would be no encroachment of air or light. Commissioners Stacy and Lawson concurred. Commissioner Breazeal moved to approve 20 ft. on Grand Avenue and 15 ft. side setback on McClintock as setbacks for the subject property. Motion was seconded by Commissioner Stacy and carried. City Attorney Martin read title to Resolution 78- 819PC, A RESOLUTION OF THE PLANNING COMMISSION DETERMINING FRONT YARD IN CASE NO. 78 -541. Com- missioner Breazeal moved to adopt by title only, seconded by Commissioner Seibert and the motion carried. 8. COMMUNICATIONS - There were none. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK Mr. Bill Sparks, 9225 Las Tunas Drive, owner of Temple City Auto Parts, said he had appeared before the City Council at their meeting of November 7th, regarding a condition in the Sign Ordinance which concerned him, stating "Where a roof sign is to be located on any lot, no free - standing sign shall be permitted ". He has parking in the rear of his property, and requests permission to install a 6 ft. x 6 ft. sign adjacent to the alley, in his parking area. He has a roof sign on the front of his build- ing, but the roof sign and his proposed pole sign could not be viewed simultaneously from any angle. The proposed sign would indicate to his customers where his parking is located. He requested clarification of the Sign Ordinance. Following discussion by the Planning Commissioners, the conclusions were reached that a) the Sign Ordinance, in the Planning Commission's opinion, is not ambiguous and does not require an amendment, b) if such amendment were approved, it could result in a proliferation of signs along Las Tunas Drive and the parking areas behind buildings on Las Tunas Drive, c) the Sign Ordinance allows installation of a vehicular directional sign not to exceed a sign -face area of 6 sq. ft. per face, not to exceed 8 ft. in height, and d) applicant has the right to seek a variance as relief from the requirements of Section 9201 of the Zoning Ordinance. Mr. Chris Bade,6002 Burton Avenue, San Gabriel, his requested zone variance was denied, and was burden of proof for granting as specified under Ordinance. He was informed he has the right to within 10 days, if he so desires. 10. MATTERS FROM CITY OFFICIALS' (a) Environmental Quality and Code Enforcement Program Report Planning /Engineering Aide Alexanian said the report covers the period from October 4 to November 3, 1978. Responding to an inquiry from Commissioner Breazeal concerning the number of businesses in an R -zone closed out, Mr. Alexanian said these cases were brought to the attention of staff mostly through complaints from neighbors. Commissinner Stacy asked staff to in- vestigate the garage sale activity on the southeast corner of Golden West and Lower Azusa, where sales are conducted almost every weekend. Com- missioner Seibert expressed concern about the sign installed on the old Market Basket store on Rosemead and Longden being over -size. The City Manager stated staff had reviewed the ordinance for non - conforming uses, and City could not prohibit the sign legally. However, there is a one -year abatement period for nonconforming signs. asked for clarification why told it did not meet the Section 9201 of the Zoning appeal to the City Council PLANNING COMMISSION MINUTES MEETING OF NOVEMBER 14, 1978 PAGE FIVE Commissioner Stacy asked about the progress being made with the City of 401 rcadia to clean up the southeast corner of Baldwin and Las Tunas Drive ere, presently, cars for sale are parked. The Planning Director said e is working with the Planning Director and staff of the City of Arcadia to correct the situation. (b) Referral from City Council Clarification of Sign Ordinance Requirements This item had been discussed under Item 9 of the Agenda, and Commissioner Breazeal made a motion, seconded by Commissioner Stacy, and carried, to instruct staff to forward to the City Council the findings of the Planning. Commission. (c) Fees for Planning Department Services Director Dragicevich referred to a survey of current planning and zoning fees of Temple City and surrounding communities. The City has not ad- justed its Planning .fees for ten years.. The Commissioners expressed agreement to adjust the fees, but that the zone variance fee should re- 11 ain at a moderate level as this is the relief most property owners W eek from the Zoning Ordinance in altering or adding to their homes. t was agreed by the Commissioners to table this item to the next Planning Commission meeting to allow the Planning Department staff to develop a more comprehensive report supporting a fee increase. 11. ADJOURNMENT There being no further business, Commissioner Breazeal made a motion, seconded by Commissioner Seibert and carried, to adjourn the meeting. Time of adjournment was 9:00 p.m.