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HomeMy Public PortalAboutMinutes - 1979/11/13 - RegularPLANNING COMMISSION MINUTES November .13, 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., November 13, 1979, by Chairman Breazeal. 2. PLEDGE OF ALLEGIANCE Chairman Breazeal led the Pledge of Allegiance to the Flag. 3. ROLL CALL: Present: Commissioners Lawson, Seibert, Stacy, Breazeal Absent: Commissioner Abraham Also present: City Attorney Martin and Planning Director Dragicevich. Commissioner Seibert moved to excuse Commissioner Abraham's absence for cause, seconded by Commissioner Lawson and motion carried. APPROVAL OF MINUTES: Regular Meeting of October 23, 1979 There being no additions or corrections to the minutes, Commissioner Seibert moved to approve as written, 'seconded by Commissioner Lawson and carried. 5. PUBLIC HEARING: RECOMMEND AMENDMENT TO THE TEMPLE CITY ZONING CODE SECTIONS 9352, 9362 and 9366(2) RELATING TO STANDARDS FOR APART - MENTS (RENTAL UNITS) IN R -2, R -3 AND R -4 ZONES Director Dragicevich, in giving the staff report,said the City Council, at their meeting of October 16, 1979, adopted an ordinance relating to condominium conversion and new condominium construction. After adoption of said ordinance, they requested that the Planning Commission prepare similar standards for construction of new apartment or rental units. He presented a draft of such standards for the Planning Commission review. Tha Commissioners were in favor of referring this matter to study session, but were interested in hearing anyone in the audience who came to speak to the issue this evening. The Public Hearing was declared open. Mr. Frank Boccaccio, 6345 Temple City Boulevard, said he would be interested in seeing the proposed standards. He was concerned about the condominium project proposed adjacent to his property. Ile was informed that standards for condominium construction had been approved by the City Council and he could receive a copy for review if he wanted them. He could also have a copy of the standards for apartment construction. There being no one else to speak to the issue, Commissioner Lawson moved to close Public Hearing, seconded by Commissioner Seibert and motion carried. Commissioner Stacy moved to refer the matter to study session. follow- ing the Planning Commission meeting of November 27, 1979, and continue the Public Hearing to a date to .be announced. Motion was seconded by Commissioner Seibert. and carried. Commissioner Stacy then asked that the Temple City Times or any other paper of local distribution be notified so that the public could be made aware that this item was being considered by the Planning Commission. PLANNING COMMISSION MINUTES Meeting of November 13, 1979 PAGE TWO 6. PUBLIC HEARING: RECOMMEND AMENDMENT TO THE TEMPLE CITY ZONING CODE FOR CERTAIN ITEMS AS FOLLOWS: • A. Section 9119(4) Minimum Street Frontage in all Residential Zones. In giving the staff report, the Director referred to Section 9119, para. (4) of the Zoning Code which specifies that no new lot shall be created unless it has "at least 35 ft. of frontage upon a public street or highway." This requirement serves its purpose if the lot in question is located on a cul -de -sac or curvilinear street, but not a regular rectangular lot. The average lot width, in all instances, must meet City standards (60 ft.). The Public Hearing was declared open. No one came forward. Com- missioner Seibert moved to close Public Hearing, seconded by Commissioner Lawson and carried. Chairman Breazeal said that, on the advice of the City Attorney, the amendment should be more specific with respect to curvilinear streets or those with "knuckles ", as to radius. The Director was instructed to check with the City Engineer regarding radius specifications. Commissioner Seibert moved to reopen the Public Hearing and continuc the matter to the next regular meeting of November 27th. Motion was seconded by Commissioner Lawson and carried. B Section 9380, to permit Heating and Air Conditioning sales and office in the C -2 Zone. The Planning Director explained that, presently, the Temple City Zoning Code does nbt contain a category for this use in the C -2 zone. The Planning Commission, at their meeting of April 24, 1979, reviewed this issue, and under Clarification of Ambiguity and in accordance with para. 52 of Ordinance 75 -418, recommended that the C -2 zone would he an appropriate classification for this use. City Council, at their meeting of May 1, 1979, concurred with the Plann- ing Commission recommendation. The Public Hearing was declared open. No one came forward to speak. Commissioner Seibert moved to close Public Hearing, seconded by Commissioner Stacy and carried. ' Chairman Breazeal was concerned that the use may not be predominant retail. Commissioner Stacy added that the use may develop into mor maintenance or repair. The Director said the use was a sales and office only. Commissioner Seibert moved to recommend amendment tc the City Council to permit heating and air conditioning sales in the C -2 zone. Motion was seconded by Commissioner Lawson and carried. C. Newspaper Office in C -1 Zone. The Director reported that the Planning Commission, at their meeting of June 26, 1979; reviewed the possibility of placing newspaper offices with not more than 1,000 sq. ft. of gross floor area in the C -1 zone. At one time newspaper offices were included in this ,-.one. Under clarification of ambiguity, and in accordance with para. 52 of Ordinance 75 -418, the Planning Commission, on .Tune 26, 1979, recommended that newspaper offices be included in the C -1 zone. The City Council, at their meeting of .July 17, 1979, concurred with this recommendation. The Public Hearing was declared open. No one came forward to speak Commissioner Seibert moved to close Public Hearing, seconded by . Commissioner Lawson and carried. Chairman Breazeal said he felt strongly about the continual encroach- ment into the intent of the C -1 zone for purposes other than retail trade. He would go along with this amendment as long as it was limited to 1,000 sq. ft. or less of gross floor area. RLAN1UNG COMMISSION MINUTES Meeting of November 13, 1979 PAGE THREE Commissioner Lawson moved to recommend amendment to the City Council to permit a newspaper office, with not more than 1,000 sq. ft. of gross floor area in the C -1 zone, Motion was seconded by Commissioner Stacy and carried. D. Travel Bureaus in C -1 Zone in excess of 1,000 sq. ft. of gross floor area. This use is presently permitted in the C -1 zone provided the office space does not exceed more than 1,000 sq. ft. of gross floor area. The Director continued his report by saying that, because of the increasing demand for this type of service and the need for more personnel and equipment and display, larger quarters, in general, would exceed the 1,000 sq. ft. of floor area. The Planning Commission, therefore, may wish to recommend that travel agencies be excluded from that restriction and remain in the C -1 zone. The City Attorney said this is a unique situation in that the use was in the C -1 zone in smaller quarters and moved to larger quarters also within the C -1 zone. The Commission may wish to have the City Council approve the use under the "grandfather" clause. The Public Hearing was declared open. Ms. Betty Reister, 5036 Sereno Drive, said she works closely with a travel agency in a large hotel and they have a total of 325 to 400 sq. ft., with five operators and supervisor. They also have a new • computer system. She did not think a travel agency needed over 1,000 sq. f.t. of floor space, as it is engaged mostly in phone work. There being no one else to speak to the issue Commissioner Seibert made a motion, seconded by Commissioner Lawson and carried, to close Public Hearing. Commissioner Lawson said he was definitely against the proposed amendment. Such action would weaken the ordinance. If the City Council wishes to grandfather the use in, that is their right, but the Planning Commission should adhere to the ordinance. Comni_ssioner Seibert agreed, stating that, recently, a proposal was made to improve the southeast corner of Camellia and Las Tunas Drive, and a travel agency would occupy more than 1,000 sq. ft. of floor space therein, The Commission was not in favor of that proposal, and should not permit this encroachment in the C -1 zone, either. Chairman Breazeal concurred, adding that he has been involved in space studies, and does not feel this use needs over 1,000 sq. ft. To recommend an amendment would be violating the intent of the C -1 zone which was established for retail trade. Much of the travel agency business is transacted over the telephone. The City Council may wish to grandfather the use in under the exist- ing business license. Commissioner Lawson moved to refer the matter to the City Council for their decision. The motion was seconded by Commissioner Stacy and carried. Director Dragicevich stated that all four above items had an Initial Study prepared and a Negative Declaration of Environmental Impact filed on them. Commissioner Stacy moved to approve filing of Negative Declaration on Items B and C, seconded by Commissioner Seibert and carried. City Attorney Martin read title to Resolution No. 79- 871PC, A RESOLUTION OF TIIE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING AN AMENDMENT TO SECTIONS 9380 AND 9371 OF THE TEMPLE CITY ZONING CODE. Commissioner Seibert moved to waive further reading and adopt by title only, seconded by Commissioner Lawson and the motion carried. PLANNING COMMISSION MINUTES Meeting of November 13, 1979 7. PUBLIC HEARING: TENTATIVE TRACT NO. 38349 Charles L. Yount - Owner /Applicant • 5048 Sereno Drive Temple :City, California PAGE FOUR Site: 5048 Sereno Drive Zone: R -2, Light.Miiltiple Residential Director Dragicevich said applicant.'is requesting approval of a tenta- tive tract for a 6 -unit condominium project. He described the plot plan marked Exhibit "A" showing existing and proposed development. , Existing is a single- family residence. Proposed are six condominium units of which two units will be in one - story structures and four units will be in two -story structures. Proposed is a two -car garage for each unit and three parking spaces. Single story units`willhave three bedrooms and two -story structures will have two and three bedrooms. He also referred to Exhibits "B" and "C" referring to elevation and floor plans, respect- ively. He gave the factual data on the subject property and surrounding area, and reviewed the staff proposals. The Director said a Draft Environmental Impact Report had been prepared and submitted on this project, and staff had reviewed it with only one comment to make. On p. 8, the buildings are projected to be on the northerly property line, whereas the latest plan shows the buildings along the southerly property line. The Public Hearing was declared open. James E. Nelson, 408 So. Rosemead Blvd., Pasadena, representing the applicant, said this project was submitted prior to the imposition of a moratorium on condominium construction, and then processed as a hard- ship exception because of a.number of conditions that faced the owner of the property. Regarding the layout of the project, the buildings are to be constructed along the southerly property line. There is only one single story and five two -story structures. In order to meetR -2 requirements the layout was changed considerably since the Environmental Impact Report was prepared. He then passed photographs of the subject property to the Commissioners. The existing single - family structure on the property is not worth refurbishing, he continued. The layout of the plan is flexible; he and applicant have read all the conditions and find them reasonable, including the one for a drainage plan. There is a lot'of cross -flow across this property, but it is possible to accommoda -y the condition. Chairman Breazeal said the Commission could hear public testimony on this case and the Commission could approve it, but the City Council would have to deny it because the new regulations governing new condominium con- struction will become effective November 16th, and the hearing before the City Council will occur after the effective date. This project does not meet the new regulations under which the City Council would have to consider it. The City Attorney explained this is a "hybrid" situation, and his opinion was that the applicant will have to follow the new ordinance. When the applicant was granted a hardship exception by. the City Council (from the moratorium on condominium construction) it was emphasized that, if changes in requirements for condominiums were adopted; applications pending might be affected, and therefore, anyone proceeding; with their project will be doing so at their own risk. Under the new regulations this application would require a zone variance inasmuch. as it does not have the 100 ft. re- quired street frontage for two -story structures or 80.ft. street frontage if all buildings are single -story structures. The plan does not have the required 15 ft. side setback for two -story structures and it does not have the required parking spaces for three- bedroom units. A zone variance would be required along with the conditional use permit before Lhe Plann- ing Commission could consider this tract application. There would be no point in continuing the hearing tonight as notices must be sent on the zone variance and conditional use permit, and the Environmental Impact Report will have to be modified, if the applicant elects to proceed in this manner. If the Planning Commission were to recommend approval of the tract tonight, Lhe City Council would be compelled to deny it as it PLANNING COMPIISSION MINUTES Meeting of November 13, 1979 PAGE FIVE • does not meet the new requirements for new condominium construction. Mr. Nelson conferred with the owners about requesting a continuance of the hearing so a zone variance and conditional use permit applica- tion could be prepared. They were agreeable to the suggestion. Commissioner Seibert moved to continue the public hearing without pre- judice pending receipt of the necessary applications. Motion was seconded by Commissioner Lawson and carried. 8. COMMUNICATIONS - There were none. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK Mr. Frank Boccaccio, 6345 Temple City Boulevard, spoke about the deteriorating conditions at 6351 Temple City Boulevard, the property immediately to the north of him, on which a tentative tract has been proposed. The house and garage are open to entry, there are news- papers strewn over the front lawn. He has called the Sheriff's Dept. on sever61 occasions because of activities by unauthorized persons in the house. The house should be boarded up and secured. The Planning Director said he would contact the developer regarding this complaint and arrange to have the situation corrected. 10. MATTERS FROM CITY OFFICIALS A. A letter was sent to the Regional Planning Commission, Subdivision Section, opposing a proposed development on the basis of substandard width and lot area for a property in the near vicinity of Temple City. Notice on the' development was received by the City on November 8th, and conditional approval was, to be made "prior to November 9,1979. The letter objected to the short notice given the City also. The letter and report was received and filed by the Planning Commission. B. Chairman Breazeal suggested 'that the Planning Director prepare for the Planning Commission his recommendations regarding zone variances and conditional use permits, as he has the expertise and time to work more closely with property involved and applicant. The Commissioners look to the Planning staff for direction, and in his opinion, the Director has the highest credentials and good quality staff. The Commissioners were in agreement with the suggestion. C. Commissioner Stacy asked that notice of meetings and hearings on apartment construction standards be published in-local papers to give property owners information of time and place of such meetings, so they are aware and can attend if they wish to do so. • .11. ADJOURNMENT There being no further business, Commissioner Stacy made a motion, seconded by Commissioner. Seibert and carried, to adjourn. Meeting adjourned at 8:50 p.m. ATTEST: i hair an