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HomeMy Public PortalAboutMinutes - 1978/12/12 - RegularPLANNING COMMISSION MINUTES December 12, 1978 (INITIATION 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., December 12, 1978, by Chairman Lawson. 2. PLEDGE OF ALLEGIANCE Chairman Lawson led the Pledge of Allegiance to the Flag. 3. ROLL CALL 1 Present: Commissioners Abraham, Seibert, Stacy, Lawson Absent: Commissioner Breazeal Also present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich and Planning /Engineering Aide Alexanian. Commissioner Seibert moved to excuse Commissioner Breazeal's absence for cause, seconded by Commissioner Abraham, and the motion carried. . APPROVAL OF MINUTES - Meeting of November 28, 1978 There being no additions or corrections to the minutes, Commissioner Seibert moved they be approved as written, seconded by Commissioner Abraham and the motion carried. 5. PUBLIC HEARING: DETERMINATION OF EXISTENCE OF PUBLIC NUISANCE 6051 Reno Avenue (Case 78 -45) Temple City, Ca. Director Dragicevich gave the staff report, saying that the property had an accumulation of weeds, waste paper, litter and debris creat- ing a fire hazard and causing a detriment to neighboring properties and property values, and an inoperative vehicle in the public view, which conditions had prompted the property to be brought before the Planning Commission as a possible public nuisance. Inspection by staff that day had revealed that significant improvement had been made to clean up the property, removing the miscellaneous items and removing the inoperative vehicle. The new owner indicated he intends to do additional work to clean the property. The Director passed to the Commissioners pictures taken that day of the property, showing the progress made. He concluded by saying staff recommends either a 30 -day continuance of the case or termination. The Public Hearing was declared open. Mr. Bruce Carson, 6043 Reno Avenue, immediately south of the subject property, asked for continuance of the case until the property is brought up to the City's Codes. He referred to the barn -like struc- ture in the rear yard for which he was unable to locate any building permits. The plot plan on file with the Building Dept. shows 5' setbacks around that structure, but roof overhangs a portion of the roof of the rear house. The fireplace has no flue,no proper clearance or metal flashing. The barn is termite infested in a couple places. The rear house has power feeder lines from the pole to the house, and power lines lay on the roof of the house. The new owner intends to rent this property, and Mr. Carson expressed concern how the barn structure might be used, with an absentee owner. There was no one else to speak to the issue, therefore Commissioner Seibert moved to close public hearing, seconded by Commissioner Abraham and carried. PLANNING COMMISSION MINUTES MEETING OF DECEMBER 12, 1978 PAGE TWO Director Dragicevich said he checked the house numbering maps which indicate two residences at the subject location. The Fire Department and Health Department had inspected the property, but not the Building Department. The City was not in receipt of any complaints of building violations. Commissioner Stacy moved to continue the case for 30 days to make inspections and see that the property owner follows through with required corrections, and instructed staff to follow through with any building violations that may exist on the property, Motion was seconded by Commissioner Seibert and carried. 6. PUBLIC HEARING: DETERMINATION OF EXISTENCE OF PUBLIC NUISANCE 9044 Olive Street (Case No. 78 -46) Temple City, Ca, • The Planning Director gave the staff report, saying that an accumulation of bricks, lumber, pipes and scrap metals in the yard areas open to view from a public street, causing depreciation of nearby property,had prompted staff to bring this matter before the Planning Commission. The property owner had not responded in any manner to letters from staff to correct the objectionable situation. Re- examination on this afternoon revealed no progress had been made on the property. Photographs taken at that inspection were presented to the Commissioners for their perusal. The public hearing was declared open. No one came forward to speak to the issue, therefore Commissioner Seibert moved to close public hearing, seconded by Commissioner Stacy and the motion carried. Commissioner Stacy moved to determine the existence of a public nuisance at 9044 Olive Street. Motion was seconded by Commissioner Seibert and carried. City Attorney Martin read title to Resolution No. 78- 826PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DETERMINING THE EXISTENCE OF A PUBLIC NUISANCE AND RECOMMENDING ABATEMENT THEREOF. Com- missioner Stacy moved to waive further reading and adopt, seconded by Commissioner Abraham, and the motion carried. 7. PUBLIC HEARING: DETERMINATION OF EXISTENCE OF PUBLIC NUISANCE 9445 Las Tunas Drive (Case No, 78 -47) Temple City, Ca. The Planning Director, in giving the staff report, said an accumulation of weeds, dead trees, debris and loose gravel scattered about the park- ing lot on the subject property, causing an unsightly appearance and a detriment to nearby property and property values had prompted this case. Field inspection this afternoon revealed a significant improvement in the appearance of the property. Debris had been removed and the parking lot had been swept, The planter areas were yet to be landscaped. He presented photographs of the present condition on the site. The public hearing was declared open. Mr. Kent Pettee, Manager of the facility at the subject address, said 99% of the weeds are gone, the lot is cleaned up, his organization has contracted with a landscaper to plant the bare areas by the streets, and to maintain the site once a week every week. With this landscaping ser- vice, the site should be kept in good condition. He has been the manager for only five and one -half months, and was trying to maintain the property with the help of the facility's employees, but that proved inadequate. Headquarters for the business (Rustler's Steak House) is in Pennsylvania, and the officials there did not feel the conditions on the property were a problem. He also passed pictures of the site which he had taken. • • PLANNING COMMISSION MINUTES MEETING OF DECEMBER 12, 1978 PAGE THREE There being no one else to speak to the issue, Commissioner Seibert moved So close public hearing, seconded by Commissioner Stacy, and the motion arried. Chairman Lawson expressed an opinion that he was in favor of continuing the hearing for thirty days to ascertain the progress in landscaping and maintaining the property. Commissioner Seibert so moved, seconded by Commissioner Abraham and the motion' carried. 8. PUBLIC HEARING: TENTATIVE TRACT NO. 35584 John H. Duncan - Owner 6351 Temple City Boulevard Temple City, Ca. J. H. Hedrick & Co. - Applicant 900 South San Gabriel Boulevard San Gabriel, Ca. Site: 6351 Temple City Boulevard Zone: R -2, Light Multiple residential In giving the staff report, the Planning Director said applicant is re- uesting approval of a tentative tract for an 8 -unit condominium project in an R -2 zone. He referred to the plot plan marked Exhibit "A" showing existing and proposed development. There is presently a single- family house on the property, facing Temple City Boulevard, which will remain, and proposed are seven new dwellings. Each new unit will be two stories high, and will have a 2 -car garage. He gave the factual data on the subject property and surrounding area, the zoning history, and continued saying the proposed project is consistent with the General Plan of the City which depicts the subject area as suitable for medium residential density, and this development will meet the criteria set for this density. Based on the Initial Study prepared by staff, the proposed development did not reveal any adverse impact upon the environment, and therefore, a Negative Declaration was prepared pursuant to the California Environmental Quality Act of 1970, as amended. Comments were received from the school district, Fire Department and water company that indicated no environ- mental impact would result from the proposed development. The Director continued by referring to Exhibits "A -1 ", "B" and "C ", which depict the architectural appearance of the proposed project. The Public Hearing was declared open. Mr. Ken Beideman, architect, 900 So. San Gabriel Boulevard, San Gabriel, representing the applicant, said he had read all conditions and there were no objections. The houses are only 1250 sq. ft. in size, but the trend is toward smaller houses by the buying public. There was no one else to speak in favor of the project. Mr. Ken Walker, 6350 Trelawney, speaking in opposition, said he represented a number of home owners in the area, and was requesting a full environ- mental impact report study. He was concerned about the density impact, vehicular traffic on Temple City Boulevard and the safety of children, property devaluation directly affecting six of his neighbors and himself, ,the noise, the financial impact'upon his property value. He was con- cerned about the direction Temple City is going. He moved into the City because of the schools and the single family residences. Commissioner Seibert asked on what did Mr. Walker base his concern about property devaluation, and Mr. Walker responded it was on the deter- mination of his attorney. The two -story windows of the project will be Sfacing his property and his neighbors' backyards and their property, and this will constitute an invasion of privacy. In response to questions from Commissioner Abraham, Mr. Walker said he has lived at the present address for five years. He was not aware that the property was zoned R -2 since 1964. PLANNING COMMISSION MINUTES MEETING OF DECEMBER 12, 1978 . PAGE FOUR Mr. Frank Bucaccio, 6345 Temple City Boulevard, also expressed concern that Temple City is changing, with the condominium project on the northeast corner, the widening of Temple City Boulevard, and now this request. He was concerned about the many loads of dirt deposited on the subject site, affecting neighboring pools. He contacted the City Engineer who knew nothing of this action. He was concerned about the drainage of water when it rains, which will be onto his property. He was unhappy about the location of the trash bins on the proposed project, which will be adjacent to his property. Mr. Edward Borzi, 6341 Temple City Blvd., also expressed concern about the drainage from the subject site when it rains, because of the way the dirt has been dumped there. City Attorney Martin said there is sufficient controversy to justify a full environmental impact report, and suggested the Commissioners vacate the Negative Declaration of environmental impact prepared by staff and reschedule the matter at a later date with the consent of the developer. Mr. Beideman, speaking for the developer, agreed. Commissioner Stacy moved to annul Negative Declaration and require a full environmental impact report. Motion was seconded by Commissioner Abraham and carried. The City Attorney informed the public that the procedures and preparation for a full environmental impact report will take from 30 to 60 days, and that they will be renotified when the hearing will be before the Planning Commission again. 9. PUBLIC HEARING: TENTATIVE TRACT NO. 35986 J. B. Weber Development Co. - Owner /Applicant 5926 Temple City Boulevard Temple City, Ca. Site: 9704 and 9710 Longden Avenue Zone: R -2, Light Multiple residential Director Dragicevich said applicant is requesting approval of tentative tract to construct an 8 -unit condominium project in an R -2 zone. He referred to the plot plan marked Exhibit "A" showing the proposed project and gave the factual data on the subject property and adjacent area. He said the proposed development is consistent with the General Plan which designates the subject property as medium density. Based on the Initial Study prepared by staff, the proposed development did not reveal any ad- verse impact upon the environment and therefore, a Negative Declaration has been prepared pursuant to the California Environmental Quality Act of 1970, as amended. • The Director then reviewed the staff proposals, referring to Condition No. 20, that the accessory structures (garages) shall be constructed to have a 10 ft. side setback, to provide more open space, and this change would also preclude the owners of the units from leaving their cars out- side rather than putting them in the garage. Also, open parking spaces Nos. 1, 2 and 3 would be shifted 5 ft. toward the side property line. This would slightly reduce the open space but it would improve circulation. Commissioner Stacy asked,in' reducing the open space between Units 2 and 3, and 7 and 6,is that space intended for the benefit of all or only these units. The Director responded legally it is for all,'but technically it affects only the adjacent units. There being no further questions, the public hearing was declared open. Mr. Jack Weber, 5926 Temple City Boulevard, developer, said he would prefer the 5 ft .side yard for the garages should remain as this set-mallows people pulling into their garages to park a car without its projecting into the driveway. With reference to increasing the open space, it has been his experience that people who buy this type unit do not want a lot of yard IIP area. Regarding moving the open parking spaces east and west, he is trying to get as much green space as possible. PLANNING COMMISSION MINUTES MEETING OF DECEMBER 12, 1978 PAGE FIVE The Commissioners, in the discussion that followed, were in favor of leaving the garages as presented by the developer. Mr. Weber continued that he had read all the conditions, and found none objectionable. He added that he has no final report on flow requirements and doesn't know if he will be able to meet them. There is a 2" line and there will be sufficient water pressure for the development. He is also negotiating with the Mormon Church for an easement going out to Kauffman, but if that fails, he has other alternatives, and the drainage will be provided to the satisfaction of the City Engineer. Mr. Morris Finley, 1047 E. Las Tunas Drive, said one possibility of provid- ing drainage was to install a storm drain under the sidewalk to Kauffman, and he asked the Planning Commission's indulgence to modify the require- ment if they are unable to acquire the easement from the Church. The developer would provide a sump pump and pump the drainage back up to Longden Avenue if necessary. Mr. Finley was referring to Conditions 12 and 15 of the staff report. • The Planning Director, in referring to Condition 27 regarding fire flow, said the water company believes that they have adequate supply but the fire flow is to be determined by the Fire Dept., and the Fire Dept. re- quested 2000 gal /min. Mr. Weber said the Fire Dept. keeps updating and increasing their requirements, but the water companies are not keeping pace to meet these requirements. He said there are two hydrants near the development, 175 ft. to the west and 275 ft. to the east. Mr. John Peot, 6230 Kauffman Ave., whose property is immediately south of the subject site, had concern about the drainage across the parking lot, and how it would affect his property. Mr. Finley went into detail how the drainage would be accomplished. Mr. Peot asked whether the units would be owner- occupied, or rented, and was told owner occupancy is generally required for a certain period of time by the loan companies. Commissioner Seibert moved to close public hearing, seconded by Commissioner Abraham, and the motion carried. Commissioner Seibert moved to approve filing of a Negative Declaration of Environmental Impact as the Initial Study, prepared by the Planning Depart- ment, failed to disclose any significant adverse impacts which cannot be mitigated substantially. Motion was seconded by Commissioner Stacy and carried. , In closed discussion, the Commissioners were in favor of eliminating Condi- tion 12, and rewording Condition 15 to read that the approved drainage plan shall be submitted to the City Engineer for approval prior to obtain- ing a building permit, and eliminate Condition 20 requiring the garages to be constructed with a 10 ft. side setback. Commissioner Stacy moved to approve Tentative Tract No. 35986 with conditions as modified, seconded by Commissioner Seibert and the motion carried. City Attorney Martin read title to Resolution No. 78- 827PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING TENTATIVE TRACT NO. 35986. Commissioner Stacy moved to waive further reading and adopt, seconded by Commissioner Seibert and the motion carried. • 10. COMMUNICATIONS - There were none. 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 Commissioner Seibert, in reviewing the report, asked if the number of complaints was decreasing. Director Dragicevich said that, at this time of year, with the holidays, and the early evening darkness, and with residents spending more time indoors, it is customary to have a decrease in complaints. Also, the recent rains had an impact on the number of complaints received. The report was received and filed. PLANNING COMMISSION MINUTES MEETING OF DECEMBER 13, 1978 PAGE SIX (b) Request for Time Extension Parcel Map 6146 Director Dragicevich referred to letter from George Bernharth of Sea- board Engineering Company requesting a one -year extension for Parcel Map 6146 located in the CRA area. The only engineering work that re- mains to be completed is the resetting of the monuments on the subject property and verification to be made by the Los Angeles County Engineer- ing Dept. Staff is recommending an extension only to January 31, 1979, for completion of this Parcel Map. Commissioner Stacy so moved, seconded ' by Commissioner Seibert and the motion carried. 13. ADJOURNMENT There being no further business, Commissioner Seibert made a motion, seconded by Commissioner Stacy, and carried, to adjourn. Time of ad- journment was 9:00 p.m. ATTEST: