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HomeMy Public PortalAboutMinutes - 1979/10/23 - Regular" PLANNING COMMISSION MINUTES October 23, 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., October 23, 1979, by Chairman Breazeal. 2. PLEDGE OF ALLEGIANCE Chairman Breazeal led the Pledge of Allegiance to the Flag. 3. ROLL CALL: Present: Commissioners Abraham, Lawson, Seibert, Stacy, Breazeal Absent: Commissioners - None Also present: Asst. City Mgr. Pucci, City Attorney Martin and Planning Director Dragicevich. 4. APPROVAL OF MINUTES: Regular Meeting of October 9, 1979 There being no additions or corrections to the minutes, Commissioner Seibert moved to approve them as written. Motion was seconded by Commissioner Abraham and carried. 5. PUBLIC HEARING: ZONE VARIANCE CASE NO. 79 -565 B. B. Bender - Owner /Applicant 9094 East Las Tunas Drive Temple City, California Site: 9094 East Las Tunas Drive Zone: C -2, General Commercial Director Dragicevich gave the staff report, saying applicant proposes to use an existing building in a C -2 zone for inventory storage use, build a new structure with reduced number of parking spaces and rear yard setback. He reviewed the plot plan marked Exhibit "A" showing existing and proposed development. The existing building has 15,300 sq. ft. of building with an office space of 1700 sq. ft., and is vacant. Proposed is a new inventory storage building with 8800 sq. ft. of floor area. The proposed new build- ing will be similar, as to design and quality, to the existing building. Proposed are 28 parking spaces. He gave the factual data on the subject droperty and surrounding area, and said a Negative Declaration of Environ- mental Impact had been filed as the proposed use is not expected to have any adverse impact upon the environment, as defined by the California Environmental Quality Act of 1970, as amended. The Planning Director gave a Planning Analysis of the request, and reviewed the staff proposals, if the request is granted, adding one, that all City regulations shall be complied with at all times. He concluded by saying there were three issues involved: 1) storage or warehouse proposed in C -2 (allowed in M -1), 2) number of parking spaces - proposed is 28, required is 31, and 3) rear yard setback - proposed is 0', required is 5'. Replying to question from Chairman Breazeal, the Director said proposed storage will consist of retail items from the local merchants, retail trade items. All storage will be within the buildings. The reason for requesting variance from the 5 ft. setback was to eliminate a maintenance problem for that 5 ft. behind the building. The building will be 12 -14 ft. in height and constructed of masonry. Commissioner Stacy asked if the applicant had any committments for the use of the parking spaces by anyone other than those using the subject facilities, and the Director replied there were no committments he knew of. The Public Hearing was declared open. PLANNING COMMISSION MINUTES MEETING OF OCTOBER 23, 1979 PAGE TWO Mr. Charles Chivetta, representing the applicant, 106 E. Longden Avenue, Arcadia,said that, while the C -2 zone does not permit inventory storage use, it does permit frozen food lockers, catalog stores and trading stamp redemption centers which can be considered similar uses, The property in question is not conducive to retail sales use because of its unique location. The applicant had contacted local businessmen and determined that an inventory storage use would be appropriate for the site because of its central location which makes it easily accessible to the retail merchants of the City. Presently local merchants, in some instances, are storing excess merchandise in residential garages, which action results in more on- street parking. With reference to the variance for eliminating the rear setback, the configuration of the property makes it difficult to determine the rear property line. The zero setback would prevent a possible law enforce- ment problem by eliminating a strip of land where concealment of vandals would be possible. Further, the building on the property line would act as a wall for abutting properties and would eliminate two such walls with the area between them possibly developing into a trash area. The effect of the building wall upon abutting properties as to light, air and sound insulation is not significant because of the design of the building and the site's east -west orientation. Mr. Chivetta presented a sun -shade analysis of the property in relation to abutting properties, saying the proposed building would have little effect upon surrounding properties. In accordance with Temple City building laws, a one -hour fire wall will be provided along the property line, with no_openings, and such wall will provide an adequate buffer for noise from within the building and from Las Tunas Drive. With reference to the required parking spaces, Mr. Chivetta said that, eliminating square footage for walls, restroom and heating rooms, a total of 950 sq. ft. of unusable floor space, the proposed parking would be adequate. The applicant and he had read the proposed conditions and additional ones proposed this evening, and were in agreement, but wanted clarification of two of the conditions. Chairman Breazeal stated that parking requirements are computed on the gross, not net square footage per Section 9291 of the Zoning Ordinance, Mr. Bender, 1114 Rancho Road, responding to questions from the Commissioners said storage would consist of excess inventory of local merchants, depend- ing on who desires storage, but will be nothing that would annoy adjacent residents. Most of the storage will be floor storage but there might be shelf storage if the need arises. Hours of operation would probably be 9 a.m. to 5 p.m., six days a week. Presently only he and his secretary park at the location and he has no committments to lease any of the spaces, but would . not be adverse to such an arrangement for financial consideration. He did not know how many customers or employees the use would generate, but he estimated there would be one or two people there at any one time. He plans a simple storage operation where the merchant would store his items and retrieve them when he needed them. Mr. John Conover, 5655 Sultana Avenue, owner of 9108 and 9110 Las Tunas Drive, said he has owned these properties for 23 years and during that time the subject property has had several owners. Mr. Bender has cleaned up the property, and has done some remodeling. Prior to his ownership, the property was a problem, because of trash and undesirable activities on it. Regarding the request to eliminate the 5 ft. rear setback, he was in favor, as the 5 ft. area, if required, would be a depository for trash and debris. He was in favor of granting the variance. Aarianne Milch, Manager of the Temple City Chamber of Commerce, said Mr. Bender has cleaned and improved the property considerably, and, unfortunatel it is not visible from Las Tunas Drive. She had discussed with him the neec for a storage facility in the City. Private garages for storage are scarce, and many times not waterproof, with merchandise being ruined in rainy weather. The location of the subject property is in close proximity to the local merchants who need additional storage space. PLANNING COMMISSION MINUTES MEETING OF October 23, 1979 PAGE THREE Mr. Guillermo Rey, 10403 Tujunga Canyon Blvd., Tujunga, owner of 9100 -9106 Las Tunas Drive, said that Previously the subject property was a disgrace, and Mr. Bender has improved it greatly. He was in favor of the proposed project, and said he would be interested in renting a couple of the parking spaces. Mr. John Spielmann, owner of the Temple City Bike Shop at 9574 Las Tunas Drive, said the proposed facility, if approved, would be very helpful to him. He needs temporary storage for his bicycles as he now has to order in larger quantities, enough for six months at a time. This type of facility is sorely needed. Mrs. Frances wilson, 26 Hampton Court, Alhambra, said she and her hus- band own the property at 9090 -9092 Las Tunas Drive, and her husband had addressed a letter to the City in favor of the proposal. Chairman Breazeal read the letter which is on file in the Planning Department. In opposition: Mrs. Parker Worthy, 100 W. Winnie Way, Arcadia, owner of 5730 - 302 -32 Noel Drive, objected to elimination of the 5 ft. rear setback. This 5 ft. space could be used by the applicant for the storage of dollies, so it would not be wasted. The proposed building would, she felt, cut off more sun from the area. Mr. James Wheeler, 10257 La Rosa Drive,owner of 5736 -382 Noel Drive, opposed the location of the building on the property line. Setting the building back the required 5 ft. would still give the applicant suffi- cient room for the storage space needed. He did not object to the development as such, only the elimination of the required setback. In response to Commissioner Abraham's question, Mr. Wheeler said his garages are on the property line. There was no one else to speak in opposition. In rebuttal, Mr. Chivetta, representing the applicant, said Mrs. Worthy's property is one lot removed from the subject property and the proposed building will not cut off her light or air. With reference to Mr. Wheeler's objections, his garages are on the property line and there will be no detriment to his building by this proposal. Commissioner Seibert moved to close public hearing, seconded by Commissioner Stacy and the motion carried. In closed discussion Commissioner Lawson said the subject property is unique and there are unusual circumstances applicable to it. The pro- posal will not be injurious to surrounding properties. In his opinion the proposed parking is more than ample for this type of business. He was in favor of building to the property line as it would be no problem to adjacent residents. He was in favor of granting with staff conditions as modified. Commissioner-Seibert agreed, adding that a reduction in the parking spaces would make access easier for larger vehicles. He,too, said the property was unique, and the elimination of the 5 ft. setback would eliminate a maintenance problem. Commissioner Abraham concurred. A 5 ft. setback in this instance would be useless. The parking proposed seems excessive for the use. The building will serve a needed function. He preferred the installation of a chain -link fence rather than a wall, as a non -view obscuring fence permits the owner to see problems and take care of them. The Planning Director demonstrated that there will be only small sections of the perimeter of the property that will require a wall, the remainder will be enclosed by the building walls. Commissioner Stacy agreed the request should be granted. Chairman Breazeal was in favor of granting the variance with the exception of the elimination of the 5 ft. setback. That requirement is not only for aesthetic purposes, but for fire protection. In reviewing requirements of Section 9201 for granting the variance, he said the property is unique in size and shape. There is no facility of this type in the City presently, therefore applicant is not being denied what others are enjoying. He was " t PLANNING COMMISSION MINUTES MEETING OF OCTOBER 23, 1979 PAGE FOUR in favor of granting, with staff conditions as modified, and adhering to the 5 ft. rear setback. Commissioner Seibert moved to approve zone variance as requested, with staff conditions as modified, inasmuch as the proposal meets the re- quirements of Section 9201 of the Zoning Ordinance, and to approve filing of the Negative Declaration. Motion was seconded by Commissioner Abraham and carried with Commissioners Abraham, Lawson, Seibert and Stacy voting in favor. Chairman Breazeal voted against it because he believes the 5 ft. setback should be adhered to for fire protection. City Attorney Martin read title to Resolution No. 79- 869PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING ZONE VARIANCE IN CASE NO. 79 -565. Commissioner Lawson moved to approve by title only, seconded by Commissioner Seibert and carried. 6. PUBLIC HEARING: MODIFICATION OF CONDITIONAL USE PERMIT 71 -351 Manfred and Helga W. Herrmann - Owners 9436 Las Tunas Drive Temple City, California Willem Keetell - Applicant 9025 East Olive Street Temple City, California Site: 9426 -9428 East Las Tunas Drive Zone: C -2, General Commercial Director Dragicevich said this modification was the second one for this use, the first being for an addition, approved in 1972. Applicant is requesting to be allowed to sell and serve wine in his business establish- ment. Presently he is allowed to have beer only, in accordance with Resolution 71- 428PC: He referred to the plot plan marked Exhibit "A" showing location of existing restaurant and the addition, and reviewed staff proposals if the request is granted. The Public Hearing was declared open. Mr. Willem Keetell, 9025 East Olive Street, said the addition of wine for his customers would fill a need, as Americans are requesting wine rather than beer with their meals. Responding to Commissioner Stacy's questions, he said his operation is open Thursday through Sunday nights, from 5 to 9, except on Friday when it is open until 10 p.m. Marianne Milch, Manager of the Temple City Chamber of Commerce, said Mr. Keetell's establishment is unique in that he specializes in European and Indonesian cuisine, and has customers come from great distances to eat it. Since there is a desire on the part of these customers to have wine with their meals, it would encourage his business and consequently would be good for Temple City. There being no one else to speak to the issue, Commissioner Seibert moved to close Public Hearing, seconded by Commissioner Lawson and carried, Commissioner Seibert moved to approve modification and filing of a Negative Declaration in Conditional Use Permit Case 71 -351. Motion was seconded by Commissioner Abraham and carried. City Attorney Martin read title to Resolution 79- 870PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING MODIFICATION OF CONDITIONAL USE PERMIT CASE 71 -351. Commissioner Seibert moved to adopt by title only, seconded by Commissioner Lawson and the motion carried. f • PLANNING COMMISSION MINUTES MEETING OF OCTOBER 23, 1979 PAGE FIVE 7. COMMUNICATIONS - There were none. 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - No one came forward. 9. MATTERS FROM CITY OFFICIALS Front Yard Determination Case No, 79 -567 Don Capps - Owner /Applicant 5571 North Robinhood Avenue Temple City, California Site: 5571 North Robinhood Avenue Zone: R -1, Single Family Residential Director Dragicevich explained the plot plan marked Exhibit "A" show- ing existing and proposed development. Applicant is proposing to erect a 5 ft. high block wall, 73 ft. long from the alley to the east, which will angle to the south, to the residential structure. He gave the factual data of the subject property and surrounding area and reviewed the staff proposals. Commissioner Abraham moved to determine the front property line is on Robinhood. Motion was seconded by Commissioner Seibert and carried. 10. ADJOURNMENT There being no further business, Commissioner Seibert moved to adjourn the meeting, seconded by Commissioner Lawson and motion carried. Time of adjournment was 8:40 p.m. Chairman