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HomeMy Public PortalAboutMinutes - 1979/05/08 - RegularPLANNING COMMISSION MINUTES . MAY 8, 1979 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., May 8, 1979, by Chairman Pro Tem Breazeal. 2. PLEDGE OF ALLEGIANCE: Chairman Pro Tem Breazeal led the Pledge of Allegiance to the Flag. 3. ROLL CALL: Present: Commissioners Abraham, Seibert, Stacy, Breazeal Absent: Commissioner: Lawson Also Present: City Manager Koski, City Attorney Martin, Planning Director Dragicevich and Assistant Planner Alexanian. 4. APPROVAL OF MINUTES: Regular Meeting of April 24, 1979 There bein g no additions or corrections to the minutes, Commissioner Seibert made a motion, seconded by Commissioner Abraham and carried, to approve them as written. 5. PUBLIC HEARING: DETERMINATION OF EXISTENCE OF PUBLIC NUISANCE 5038 Doreen Avenue (Case No. 79 -49) Temple City, California The Planning Director gave the staff report, itemizing the objection- able conditions on the property which prompted its being brought to the attention of the Planning Commission, and the methods of abate- ment. Inspection by staff this morning revealed that the property is being cleaned up. The realtor handling the property informed staff there is a new owner and the property will change hands. Under these conditions, and since the new owner is showing signs of improving the site, staff suggests postponement of legal action. The Public Hearing was declared open. No one came forward. Commissioner Seibert made a motion to close Public Hearing, seconded by Commissioner Stacy and the motion carried, to continue the case for 30 days, or until the regular meeting of June 12, 1979. 6. PUBLIC HEARING: ZONE VARIANCE CASE NO. 79 -556 Bryce Young - Owner /Applicant 9860 Lemon Avenue Arcadia, California Location: 9860 Lemon Avenue Zone: R -1, Single Family residential Director Dragicevich gave the staff report, saying applicant proposes to build an addition, connecting the residence to the garage, the . latter having less than the required side yard setback. He referred to the Plot Plan marked Exhibit "A" showing subject property with a 1310 sq. ft. single family residence oriented in a northerly direction. A private easement provides access to an existing detached two-car garage located 6 ft. from the residence, 1 ft. 3 in. from the west property line and 4 ft. 5 in. from the south property line. property immediately to the west maintains a swimming pool approximately 8 ft. from the subject garage, and a rear yard of the property to the south abuts the subject property. The Director then gave the factual data, zoning history, and said the request is categorically exempt from the provisions of the California Environmental Quality Act of 1970, as amended. He reviewed the staff proposals if the request is granted, stating one of the conditions was that the front property line shall be the northerly property line of the subject site. At issue were the setbacks of a nonconforming accessory structure: Existing - 1 ft. 3 in., and 4 ft. 5 in.; required - 5 ft. PLANNING COMMISSION MINUTES MEETING OF MAY 8, 1979 PAGE TWO I 1 The Director concluded his presentation by saying that letters from _ three property owners were received stating no objection to the request:. The properties were located at 9846 E. Lemon, 9849 E. Val Street, and 9855 E. Val Street. The Public Hearing was declared open. Mrs. Leo Alberto, 9855 East Val Street, said she agreed to the request„ but wanted to know if the proposed development would hang over into her backyard. Commissioner Breazeal said it would not affect the backyard in any degree. There being no one else to speak to the issue, Commissioner Seibert made a motion, seconded by Commissioner Stacy and carried, to close Public Hearing. In closed discussion the Commissioners were in favor of granting the zone variance. Commissioner Abraham said the parcel is unique and, under the circumstances the applicant has no other way to build, Com- missioner Seibert added applicant is not altering any structure, just con- necting two of them. He, too, felt the property unique in size, shape and topography, and moved to grant zone variance in Case No. 79 -556 as it met the requirements of Section 9201 of the Zoning Code. Motion was seconded by Couuuissioner Stacy and carried. City Attorney Martin read title to Resolution No. 79- 845PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING VARIANCE IN CASE NO. 79 -556. Commissioner Seibert made a motion, seconded by Commissioner Stacy and carried, to waive further reading and adopt. 7. PUBLIC HEARING: TENTATIVE TRACT NO. 35982 R.H. and Gertrude Meyer - Owner /Applicant 9063 East Broadway Temple City, California Site: 9063 -69 East Broadway and 5518 -20 North Sultana Avenue Zone: R -3, Heavy Multiple residential Director Dragicevich gave the staff proposal, saying applicant proposes a nine -unit condominium project, including conversion of existing four units, in an R -3 zone. He referred to the plot plan marked Exhibit "A ", showing existing and proposed development. The existing three units facing Broadway, were approved in December, 1977. The existing house to the rear was built in 1955, the Planning Director continued in giving his report. They are 900 to 1300 sq. ft. in size. The parcel facing Sultana Avenue contains two single family dwellings which will be demolished and removed. Proposed are five units. the easternmost of which will be a single -story structure, and the remaining four, two —story structures. Each unit will have a two -car garage and there will be an additional five open parking spaces. A 16 -ft. wide driveway is provided off Broadway and a 26 ft. wide driveway will be built on the parcel off Sultana Ave. Approximately 3,000 sq. ft. of open space is provided. He referred to Exhibits "B" and "C ", floor and elevation plans of the proposed five -unit condominium project. The factual data were reviewed,zoning history given, and staff conditions summarized. He concluded that a draft Environmental Impact Report had been submitted, and referred to p. 10, Item 6, the loca- tion of parksites in the City, which is not precisely described, and p. 19, referring to drainage, mentioned the site drained to Sultana. The engineer stated drainage will be on Broadway. Conditions under No. 18 refer to existing units, and are conditions imposed on a similar situation in the past. The 6 ft. high masonry wall, required under condition 15, refers to the perimeter of the new units only as there is an existing wooden fence on the parcel facing Broadway. Totally there are 28 conditions proposed by staff. Commissioner Breazeal questioned Exhibit "A" showing a 20 ft. driveway, and Exhibit "B: - 26 ft. driveway. The Director said it should be 26 ft. and Exhibit "A" should be modified to Exhibit "B ". The Public Hearing was declared open. PLANNING COMMISSION MINUTES MEETING OF MAY 8, 1979 PAGE THREE Mr. Bob Meyer, 9063 East Broadway, Applicant /Owner, asked if the masonry block wall was a code requirement, as he was considering a wooden fence, on the north and east side. The Director responded there is nothing in the ordinance. The policy in the past has been to require a block wall to mitigate noise. The Planning Colmaission has the right to alter that condition. Mr. Meyer further questioned the requirement for 200 cu. ft. with a minimum horizontal surface of 25 sq. ft. of enclosed, weatherproof, lockable storage space for the existing four units on Broadway. This requirement is not part of the City Code. For apartment building the minimum is 60 ft. The 200 cu. ft. 'requirement seems ex- cessive in addition to the requirement for open space. 'Mr. Meyers continued his address to the Planning Commission by saying that the CC &R's and budget requirements are reviewed and approved by the State of California Real Estate Division. Is this a requirement of the tract map, he asked, and the Director said it is recommended by the Subdivision Committee of Los Angeles County and the staff that the City Planning Com- mission and /or City Council review the CC &R's. Commissioner Breazeal pointed out the City was concerned only with the CC &R's, not the budget. Commissioner Stacy asked if the tenants in the existing units had been notified, and Mr. Meyer responded he will give them 120 days' notice. However, he is not planning to sell these units at the present time. They will remain as rentals for the next couple years, and he will be the owner of those units. Responding to question from Commissioner Seibert, Mr. Meyer said that, 18 months ago, when he built the three new units facing Broadway, he had no intention of converting to condominiums. However, it became opportune to obtain the property to the rear and combine, and it seemed an ideal situation. Reviewing the existing and proposed structures, one built in 1955, three built 18 months ago, and five more to be built, Commissioner Abraham asked if Mr. Meyers was upgrading the plumbing, wiring and basic structure of the older structure, and applicant responded he had upgraded the kitchen, bathroom, but not pipes or wiring. He was led to believe it was only 15 years old (the older structure). The sewer, water and gas facilities have been upgraded. Commissioner Seibert commented that the units to be converted will be required to have 200 cu. ft. of storage and the new units only 60 cu. ft. The Director said that was correct. Mr. James Nelson, Civil Engineer forthe applicant, 2965 Lorain Road, San Marino,referred to the discrepancy in drainage, saying when the plan was reviewed by the County Subdivision Committee they recommended it be to Broadway because of the fill that would be required to drain to Sultana. City Manager Koski asked the parking spaces provided for existing units, and was told there would be eight enclosed, each unit having a two -car garage, and with the 5 open spaces proposed there would be a total of 18 enclosed and 5 open which will meet requirements. Commissioner Seibert moved to close Public Hearing, seconded by Com- missioner Stacy and the motion carried. Commissioners Seibert and Stacy both expressed displeasure with the plan, although it meets the Code. Commissioner Abraham said he did not like the aesthetic layout, it was a hodgepodge. The basic principle of con- dominium ownership is that people share in the maintenance to make that maintenance less expensive. Different units of different ages sharing maintenance would not be equal to all. Regarding the block wall, he had no objection to that, rather than a fence. Buyers are looking for more permanent structures in condominiums. Such buyers want certain quality. He was disappointed to learn that condominium construction does not re- quire more shelving and storage space than apartments. Apartment dwellers tend to be more transient, and condominium owners are more permanent and have more belongings. They expect air conditioning and better construc- tion. Commissioner Breazeal agreed, adding that this case points out the need for standards for condominium conversions. Applicant has met the letter of the law as it exists. There is no legitimate reason for denial. Commissioner Seibert disagreed. The older home in the rear has not been brought up to standards for the health and safety of the community. Commissioner Breazeal said this could be made a condition of granting. PLANNING COMMISSION MINUTES MEETING OF MAY 8, 1979 PAGE FOUR Commissioner Stacy continued that actually there are two condominium proj- ects, one isolated. One of our findings is whether the, size is suited for the proposed development. He had misgivings about the plan as presented. Commissioner Seibert moved to certify filing of the Environmental Impact Report with corrections as discussed, as it meets requirements and will not be detrimental to the environment, Moticn was seconded by Commissioner Abraham and carried. Commissioner Seibert moved to deny tentative tract No. 35982 for the reasons stated previously, Commissioner Stacy seconded the motion and it carried. City Attorney Martin read title to Resolution 79- 846PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING TENTATIVE TRACT IN CASE NO. 35982. Commissioner Stacy moved to waive further reading and adopt, seconded by Commissioner Seibert and the motion carried, 8. PUBLIC HEARING: ZONE VARIANCE CASE NO. 79 -552 and 9. PUBLIC HEARING: TENTATIVE TRACT NO. 36739 Roy Robertson et al ) 3333 Alanreed Avenue ) Rosemead, California ) Owners John Anderson et al ) 9549 Garibaldi Avenue ) Temple City, California ) Lee Valentine - Applicant 4177 East Live Oak Avenue Arcadia, California Location: 9547 -53 East Garibaldi Avenue Zone: R -3, Heavy Multiple residential Director Dragicevich said applicant proposes to build an 18 -unit condo- minium project in an R -3 zone with reduced land area per unit. He re- ferred to the plot plan marked Exhibit "A" showing the proposed development with a 25 ft. driveway leading to a subterranean garage containing 46 spaces. A 15 ft. rear and side yard setback is provided. There will be four buildings, two of which will contain five units each, and two, four units each. The buildings will be separated, in the north -south direction, by a 15.6 ft. open space area. All units will be two stories high con- taining approximately 1500 sq. ft. of floor area. The proposed develop- ment lacks 40 sq. ft. of the required 1800 sq. ft. of land area for each unit. He gave the factual data on the subject property, said the property is currently zoned R -3, and prior to incorporation was R -2. He reviewed the staff proposals for both the zone variance and the 25 proposals for the tentative tract. A draft Environmental Impact Report has been prepared and submitted in accordance with the California Environ- mental Quality Act of 1970, as amended. He concluded by saying the zone variance will not become effective until the final tract map is approved, and the tract map will not be approved unless the zone variance is approved. Responding to question from Commissioner Breazeal, the Director said the maximum height of the buildings is 22 ft., and the subterranean parking area will be drained with sump pumps. The Public Hearing was declared open. Mr. Michael Klipa, 8135 Arroyo Drive, So. San Gabriel, Civil Engineer representing the applicant,said the County Engineer would require adequate sump pump drainage for the subterranean garages. The garages would be enclosed with automatic garage doors. Since this project is rather costly, the interior and exterior is more than just adequate. The 15 ft. setbacks on the rear and side yard will afford people living in the units of adequat side and rear yard from neighbors and afford present residents adjoining a certain amount of better feeling for the new development, a rear yard to rear yard relationship. The actual dwelling unit portion will be at grade level. Garages are completely subterranean. The architectural break in units from north to " PLANNING COMMISSION MINUTES MEETING OF MAY 8, 1979 PAGE FIVE south is for visual impact and to give as pleasing an aesthetic feeling as possible. The walls facing the neighbors' side have restricted window space to a bare minimum and are at the maximum permitted height by Code from the floor. Mr. Klipa questioned the need for a variance, asking the City Attorney if a public street is not an easement as the title company informed him a street easement is no different from a utility easement and therefore not subtracted from the size of the property. The City's Code does not cover this aspect. The City Attorney responded the Code provides the property is measured from the lot line which abutts the street. Commissioner Breazeal asked what unique or unusual circumstances are there in this request to justify granting a variance, and Mr. Klippa responded that, in order to accomplish a balanced design, along with the generous setbacks, it was necessary to underground parking. The aesthetic balance and setbacks are unique. Commissioner Stacy replied the project itself creates the uniqueness. but the Commission is re- quired to consider the bare parcel. Mr.Klipa said rather than unique the Commission should consider the special circumstances created by the design of the project. Commissioner Seibert asked why 17 units could not be proposed, rather than 18. Mr. Klipa replied the property is surrounded by multiple and single- family residential zoned property. He felt it incumbent to provide privacy from both and for all. He would not consider reducing the units to 16. Mr. Don Gross, 240 West Longden, Arcadia, spoke of the cost of providing subterranean parking, with maximum security for the condominium owners. By offering 18 units it will help offset the cost of undergrounding.of the garages. The units will start at $125,000 to $130,000 and these prices will probably increase. In opposition: Mr. Robert Castro, 6206 Primrose Ave., said the Code should be adhered to and no variance granted to reduce land area per unit by 40 sq. ft. Rules should not be broken just to allow developer financial benefit. He expressed concern about the increased vehicles there will be on weekends on Garibaldi. He had no objection, he replied to Commissioner Breazeal, to 17 units. Mr. Virgil Graf, 6118 Primrose Ave., objected to the long wall that would be facing his property as a result of this development; also, residents on the second story would have a view of his swimming pool. He was concerned that the development would depreciate the value of his property. Responding to Commissioner Seibert, he said he was not con- cerned if the project had only 17 units, but he was not in favor of the second -story construction, even if it is permitted presently under Code. Mrs. Elizabeth Gwinn, South Pasadena, owner of property at 6137 Temple City Boulevard, said the development was very impressive, but the rules should be adhered to. Mrs: Alfred Frattarel, 6114 Primrose, was opposed to the request because of invasion of privacy from two -story construction. Mrs. Margaret Miller, 6122 Primrose, objected to the 18 units. Most of the subject area has individual homes of one - story. All the addiitonal cars will create additional noise. A similar -sized property in the area has only six units. Mrs. Carla Carroll, 6109 Primrose, objected to the two -story aspect. There will be an increase in traffic because of the number of residents and their visitors; buses travel on Primrose, and there is a school on Longden. PLANNING COMMISSION MINUTES MEETING OF MAY 8, 1979 PAGE SIX Leona Knipscher, 9541 E. Garibaldi, opposed the two -story concept, and to the additional cars. Presently there is a 2- residential unit where occupants have to obtain on- street parking permits. The pro- posed development will cut off her view of the mountains. She,too, expressed concern for the children going to school because of increased traffic. • Mr. John Stacy, 5626 Gracewood, asked how many parking spaces there would be, and was told 46, or 22 per unit. He was further told there were 25 proposed conditions for granting the request. He was further told guest parking would be subterranean. There are only two possible parking spaces on street for the development, he said. Chairman Breazeal asked that the record show that Mr. Stacy is not related to Commissioner Stacy on the Planning Commission. Mr. Gerald Carroll, 6109 Primrose, said his neighbor at 6115 Primrose, had also expressed opposition to the request, but was unable to attend this evening. He further expressed concern about availability for fire protection to the units in the rear, particularly on the second story. Chairman Breazeal informed him the Fire Department had reviewed the plans and made recommendations for an additional hydrant on Garibaldi. There being no one else to speak to the issue, Mr. Michael Klipa, in 111 rebuttal, said the public testimony did not address itself to the issue of the variance, but mostly opposition to the two -story structures, The developer, for this reason, had provided the 15 -ft. side and rear set- backs and subterranean parking, keeping the buildings as low as possible. Reducing the project to 16 larger units, as proposed at one point, would enlarge the units and accommodate families with more children. Regarding additional traffic, the one additional unit will add only six average daily trips a day to the 280 average daily trips anticipated for the development, which is negligible. Regarding the concern that this project will affect property values, it has been his experience that a well - planned and aesthetic development will increase property values in that area. Commissioner Abraham made a motion, seconded by Commissioner Stacy and carried, to close Public Hearing. Commissioner Stacy said the residents in the City must realize that two - story construction is permitted in the City. The developer is adding amenities to offset the negative effect of this type of construction on the adjacent residents. However, he sees no evidence of special circum- stances applicable to the subject property to grant the variance. It could be developed under present zoning regulations. He moved to deny Zone Variance Case 79 -552 as it does not meet the burden of proof under Section 9201 of the Zoning Code, there are no special circumstances or uniqueness to the property, and it can be reasonably used under present regulations. Commissioner Seibert seconded the motion and it carried. City Attorney Martin read title to Resolution 79- 847PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING ZONE VARIANCE IN CASE NO. 79 -552. Conintissioner Stacy moved to adopt by title only, seconded by Commissioner Seibert and the motion carried. Mr. Michael Klipa approached the podium and asked the City Attorney if it would be possible for the Planning Commission to consider the. Tentative Tract, revising it to 17 units, eliminating the northerly— most one on the east side, and enlarging all others on that side to maintain the balance of the development. There would be a reduction of two parking spaces. The City Attorney said it was agreeable, by changing Exhibit "A" and thereafter referring to it as Exhibit "A -1" or Revised Exhibit "A ". All conditions proposed for the original application, Mr. Klipa said, would apply and were acceptable for the revised request. Mrs. Carla Carroll, 6109 Primrose, said she was still opposed to the project for reasons stated previously, particularly the safety of childre Mr. Don Gross, 240 West Longden, Arcadia, replied that in most single- family residences the cars are backed out onto the street, whereas in this development the cars will exit in forward motion onto the street from the subterranean garage, a distinct safety feature. PLANNING COMMISSION MINUTES MEETING OF MAY 8, 1979 PAGE SEVEN Respnnding to questions from the Commissioners, Mr. Klippa explained the security measures for residents and guests in the subterranean parking area and access to the units. Commissioner Seibert moved to close Public Hearing, seconded by Com- missioner Stacy, and the motion carried. Commissioner Seibert said applicant has given consideration to adjacent residents by increasing setbacks and keeping the building as low as possible and second- story windows as high and as minimal as possible on the outside walls. He found no reason to deny the revised request. He requested a 6 ft. block wall on the perimeter of the project, as an additional condition. t Commissioner Stacy said he concurred the developer was offering some amenities. The developer could come up with 5 ft. setbacks in a differ- ent plan if this plan is denied. He was in favor of approval. Commissioner Abraham agreed. He expressed concern about overnight parking permits when the guest parking has been filled, which may pose . a future problem with adjacent neighbors. felt had made every Breazeal elt y effort to meet require- ments and was in favor of the project. Commissioner Stacy recommended approval of Tentative Tract No. 36739 per Revised Exhibit "A ", with staff conditions and additional condition of a 6 ft. high perimeter block wall, as the request meets requirements for granting. Motion was seconded by Commissioner Seibert and carried. City Attorney Martin read title to Resolution No. 79- 848PC, A RESOLUTION OF' THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING APPROVAL OF TENTATIVE TRACT NO. 36739. Commissioner Stacy moved to waive further reading and adopt, seconded by Commissioner Seibert and the motion carried. City Attorney Martin was excused from the meeting. Chairman Breazeal called a recess at 9:35 p.m., and reconvened the meeting at 9:45 p.m. 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) Condominium Conversions It was suggested that a moratorium be recommended to the City Council for condominium conversions and staff should be in- structed to develop standards and guidelines. The Commissioners were in agreement with the suggestion, adding that the request for conversion this evening emphasized the need for guidelines and standards. Commissioner Stacy moved to recom- mend to the City Council the imposition of a moratorium on con- dominium conversions in Temple City, and staff be instructed to develop standards and guidelines. Motion was seconded by Com- missioner Seibert and carried. Chairman Breazeal read title to Resolution No. 79- 849PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING A MORATORIUM ON CONDOMINIUM CONVERSIONS. Commissioner Stacy moved td waive further reading and adopt, seconded by Commissioner Seibert and the motion carried. " PLANNING COMMISSION MINUTES MEETING OF MAY 8, 1979 PAGE EIGHT (b) Set Public Hearing to determine existence of Public Nuisance: 6002 Primrose and 9553 -55 Woodruff Avenue 9559 Woodruff Avenue A memo, addressed to the Planning Commission from the Superintend- ent of Streets, stated he had reviewed the situations at the subject addresses and believe they constitute a public nuisance. In both instances there exist non - conforming curb cut and drive approaches, conducing front and side yard parking violations, causing deprecia- tion of nearby property values. Method of abatement is to remove existing curb cut and drive approach and replace with curb, gutter and sidewalk in accordance with the City provisions and regulations, providing for the improvement and repair of streets, Commissioner Seibert moved to set Public Hearing to determine existence of public nuisance in each instance for May 22, 1979. Motion was seconded by Commissioner Stacy and carried, Chairman Breazaal read title to Resolutions No. 79 -849 and 79 -850, RESOLUTIONS OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DECLARING ITS INTENT TO CONDUCT PUBLIC HEARING TO DETERMINE THE EXISTENCE OF PUBLIC NUISANCE. Commissioner Stacy moved to waive further reading and adopt both resolutions, seconded by Commissioner Seibert and the motion carried. (c) Chairman Breazeal wished the record to show he would be unable to attend the regular meeting of May 22, 1979, due to business committments. (d) Reference was made to the Environmental Quality and Code En- forcement Program Report for the period April 10 to May 8, 1979, The report was reviewed, received and filed. (e) The Planning Director announced the resignation of Assistant Planner Alexanian who is leaving the City to accept employment with Los Angeles County Regional Planning Commission. He has been with Temple City for two years. The Commissioners expressed their appreciation of his fine work, particularly drafting and graphics, were sorry to see him leave the City but wished him the best of luck. Asst. Planner Alexanian thanked the Commissioners, and added he appreciated the training and growth and encouragement he received working with the Commissioners and for the City, 13 ADJOURNMENT There being no further business, Commissioner Seibert, at 9:55 p.m., made a motion, seconded by Commissioner Stacy and carried, to adjourn. Chairman Pro Tem