HomeMy Public PortalAboutMinutes - 1980/06/10 - Regulari
PLANNING COMMISSION MINUTES
June 10, 1980
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., June 10, 1980, by
Chairman Pro Tem Abraham.
2. PLEDGE OF ALLEGIANCE
Chairman Pro Tem Abraham led the Pledge of Allegiance to the Flag.
3. ROLL CALL:
Present: Commissioners Seibert, Stacy and Abraham
Absent: Commissioners Lawson and Breazeal
Also present: City Manager Koski, City Attorney Martin, Planning
Director Dragicevich and Assistant Planner Avery.
Commissioner Stacy moved to excuse Commissioners Lawson and Breazeal
for cause, seconded by Commissioner Seibert and motion carried.
4. APPROVAL OF MINUTES: Regular Meeting of May 27, 1980
There being no additions or corrections to the minutes, Commissioner
Seibert moved to approve them seconded by Commissioner Abraham and
carried by roll call vote with Commissioner Stacy abstaining.
5. PUBLIC HEARING: MODIFICATION OF ZONE VARIANCE CASE NO. 79 -565
B. B. Bender - Owner /Applicant
9094 East Las Tunas Drive
Temple City 91780
Site: 9094 East Las Tunas Drive
Zone: C -2, General Commercial
Director Dragicevich gave the staff report, saying the original request
was granted on October 23, 1979, to develop the property for a) an in-
ventory storage and /or warehouse in a C -2 Zone (which use is first per -
mitted in the M -1 Zone); (b) reduced rear yard setback: proposed - zero
ft.; required -.5 ft., and (c) reduced number of parking spaces: proposed -
28; required = 31. He referred to plot plan marked Exhibit "A" showing
the original proposal.
The Director then referred to the plot plan marked Revised Exhibit "A"
showing anew proposal. Existing is a 15,300 sq. ft. building with an
office space Of 1700 sq. ft. The proposed building, originally shown as
oriesingle -story structure, is proposed to be built in two (2) components,
'each to be. a two -story high structure. The larger building will be built:':
along the rear.and side property lines. The proposed additional_buildiig'
will have 16,400 sq: ft. of gross floor area, whereas under the originally*
granted variance, there were only 8,800 sq. ft.. He gave the statistics ,.
;on other factors of the original proposal and the revised one and said
this one would have higher density, and it is not well designed for.cir
eulation. The two -story building will be 23 ft. high.
A Ne ative Declaration of Environmental Impact was prepared on this case
g
:stating the Initial Study, prepared by the Planning Department, did not
"disclose any significant adverse impacts which cannot be mitigated by
corrective action.
The Director. concluded his presentation by saying that a letter was re-
ceived from Mr. James Wheeler, owner of the property at 5736 Noel, who
was opposed to the reduced parking proposed for the project.
The Public Hearing was declared open.
ItELANNING COMMISSION MINUTES
ETING OF JUNE 10, 1980
PAGE TWO
Mr. Charles Chivetta, 101 East Huntington, Arcadia, representing the
applicant, said that, after analyzing the site and the basic needs of Temple
City's retail merchants, it was determined that a redesign of the building
was imperative for the project co function efficiently. The proposed
building will be constructed of masonry to match the existing building.
The property in question is unique, being an interior irregular parcel of
about 1.2 acre. Property on Las Tunas Drive is zoned for commercial pur-
poses to a depth of 95 ft. on either side of the property's access drive-
way via Las Tunas. Abutting the subject property on the south (Lyledale)
the zoning is commercial and property is developed with nonconforming
residential uses and undocumented building construction. To the south and
east are R -1 and R -4 residential uses, with the latter use 1-raving a zero
lot line building setback for the garage portion which abuts its street
frontage, Noel Drive.
Because of the unusual shape of the property involved, Mr. Chivetta con-
tinued, it is difficult to determine which is the side, front or rear lot
lines.. Previous administrators defined the rear and side lot lines of
his property as being other than those stated by the present staff. There
is no valid code which defines a formula for irregular shaped lots. With
reference to the proposed height of the building, the Temple City Zoning
Code permits unlimited height in the C -2 zone; however, a building of
over 45 ft. would require a site development plan to be processed. The
new plan increases the open space area by i.I percent, he went on. With
reference to reduced parking, at the original variance hearing several'
Commissioners stated they were in favor of less parking because of the in-
tended use of the building. The owner intends to use 1700 sq. ft. for his
office,and 15,300 sq. ft. for personal goods. Improving this property
will increase the value of surrounding property, be a service to retail
merchants and will be in the best interest of the community. He stated
Lyledale will, in the future, be developed commercially, and also along
Sultana.
He concluded his presentation by presenting a petition signed by 92 local
retail merchants, property owners and residents of the City in favor of
the project.
Commissioner Seibert asked where the loading areas would be, and when they
were pointed out_, he said trucks approaching the loading area for the two=
�tory buildings would have difficulty maneuvering, particularly with a 5 ft.
overhang on the buildings, and the angle of approach. He asked what meant§
would be employed to get storage into the second floor, and was told by
Mr. Chivetta there would be electric fork lifts. Applicant proposes to
store the larger, bulky items on the ground floor, and lighter and /or
smaller items on the second floor.
Chairman Breazeal arrived at 7:55 p.m.
Commissioner Stacy said that applicant had to prove he was being denied a
right enjoyed by other properties, and asked how this would be proved
with relation to the reduced parking requested. Mr. Chivetta said the
use of the building itself is the factor, as one parking space for 1392
sq. ft. is sufficient. One building isn't going to be used for warehouse
purposes for the public. Mr. Chivetta said if the City requested, the
applicant would be willing to provide a covenant regarding parking. The
property does not lend itself to retail use sometime in the future; it
will be best used as a warehouse.
Commissioner Abraham referred to the petition, and said many of those who
igned'would probably not be interested in leasing space. Mr. Chivetta
eplied that, of the 92, only about 25% might benefit from the facility.
Many of those who signed the petition felt the proposed development would
upgrade the community. The question was raised what the applicant's busi-
ness was, and Mr. Chivetta said he has a mobile home park business. He
is a CPA, but has not practiced that profession since 1930's.
Mr: C. Ray Johnson, 5329 Zadell, said he assisted in obtaining some of the
Tgnatures,.and encountered much enthusiasm for the project from the busi-
ness community. The property is unique, and he did not know another use
that it could be suitable for. The proposed use and development would be
an asset to the City.
CANNING COMMISSION MINUTES
MEETING OF JUNE 10, 1980 PAGE THREE
Mr. John Conover, owner of the property at 9110 Las Tunas Drive, said
the subject property has been a maintenance problem for years, with
overgrown vegetation, illegal parking, and tenants coming and going.
The proposed project would he an asset to the City and to adjoining
property owners.
Mr. John Spielman, Temple City Bike Shop, 9574 East Las Tunas Drive,
said he has to buy bicycles in large lots and can use additional storage
space. A facility such as the proposed one is needed by small merchants.
There being no one else to speak to the issue, Commissioner Seibert moved
to close public hearing, seconded by Commissioner Stacy and carried.
Commissioner Seibert said the design of the project in this modification
has inadequate circulation, parking is far below requirements, loading
access could present some problems. The hardship in this case has been
created by the owner of the property, and he would vote to deny the request.
Commissioner Stacy also was concerned about circulation and parking. If
some of those problems could be overcome by a. covenant, then staff would
have to enforce it. The use fills a need in the City, and with a covenant
he would go along with the modification.
Commissioner Abraham agreed the merchants could use such a facility, but
it was useful under the present zone variance. He felt a full Environ-
mental Impact Report should have been prepared on this request.
Commissioner Seibert moved to deny the Modification of Zone Variance Case
No. 79 -565; as the originally granted variance permits sufficient use of
the property, and this proposal has inadequate circulation, parking and
will affect neighboring properties negatively, and to reject the Negative
Declaration of Environmental Impact as the project would have adverse
impact. Motion was seconded by Commissioner Stacy and carried.
City Attorney Martin read title to Resolution No. 80- 896PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING A MODIFICATION
IN ZONE VARIANCE CASE NO. 79 -565. Commissioner Seibert moved to waive
further reading and adopt, seconded by Commissioner Stacy and carried.
6. PUBLIC HEARING: ZONE VARIANCE CASE NO. 80 -536
Anthony and Susan Piscitelli - Owner /Applicant
9405 East Blackley Street
Temple City, Ca. 91780
Site: 9405 East Blackley Street
Zone: R -1, Single Family Residential
Director Dragicevich said the applicant proposes to connect an existing
residential dwelling with a two -car garage having less than required rear
yard .setback. He explained the plot plan marked Exhibit "A" showing
existing and proposed development. Existing is a one -story single- family
residence and a detached two -car garage with the proposed addition that
will continue the straight line addition of the existing residence and
connect with the garage, resulting in a 10 ft. rear yard setback. He gave
the factual data on the subject property and surrounding area, Planning
.analysis and reviewed the staff proposals. The proposal is categorically
exempt from the provisions of California Environmental Quality Act of 1970,
Oas amended (Section 15101, Class 5, Alterations in Land Use Limitations
ne Public en. Hearing was declared open.
Mr. Anthony.,Piscitelli, 9405 East Blackley Street, said he is requesting
tie variance for two reasons. His present family room is very small, and
built on a slab and the recent rains caused extensive damage. He bought
the property in 1977.
LANNING COMMISSION MINUTES
TEETING OF JUNE 10, 1980 PAGE FOUR
There being no one else to speak to the issue, Commissioner Seibert moved
to close Public Hearing, seconded by Commissioner Stacy and the motion
carried.
The Commissioners were in agreement the request would not change the .
property to any extent, nor will it adversely affect any adjacent properties,
and it meets the requirements for granting a. variance. Commissioner Seibert
moved to approve the zone variance as it meets the requirements, for granting
under Section 9201 of the Zoning Code, seconded by Commissioner. Stacy and
carried.
City Attorney Martin read title to Resolution No.80 -897, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A VARIANCE IN
CASE NO. 80 -586. Commissioner Seibert moved to waive further reading and
adopt, seconded by Commissioner Stacy and carried.
7. PUBLIC HEARING: CONDITIONAL USE PERMIT CASE NO. 80 -583
8. PUBLIC HEARING: TENTATIVE TRACT NO. 39984
Pal Associates - Owner/Applicant
840 Calle Carillo
San Dimas, California 91773
Site: 6042 -44 Temple City Boulevard
Zone: R -4, Multiple' Residential
Chairman Breazeal said both cases would be heard concurrently, and decisions
by the Planning Commission would be made separately, on the merits of each
item.
The Planning Director said applicant requests approval of conditional use
permit in conjunction with a condominium project located in an R -4 Zone.
He explained the plot plan marked Exhibit "A ", showing tentative tract for
a 10 -unit condominium project. Existing are two single - family residences
that will be removed. He stated the setbacks proposed meet the new stand-
ards. Exhibit "A" shows floor plans, elevations and detailed drawings.
Each unit will be two- stories high, with two bedrooms and a three -car semi -
subterranean garage. He gave the factual data on the subject property
and surrounding Area, Planning analysis and reviewed staff proposals if
the project is approved. The project complies with the General Plan, and
based on the Initial Study, a Draft Environmental, Impact Report was pre-
--pared pared in accordance with the California Environmental Quality Act of 1970,
as amended.
The Public Hearing was declared open.
Mr. David Gaitan, Loren Phillips & Associates, representing the applicant,
said applicant had read the conditions and had no objections to them.
There being rio one else to speak to the issue, Commissioner Seibert moved
to close Public Hearing, seconded by Commissioner Abraham and carried.
The Commissioners expressed agreement that the project was aesthetically
pleasing, unique, meets requirements for condominiums and were in favor of it.
Commissioner Seibert moved to certify that the Environmental Impact Report
has been prepared in accordance with State law and the Planning Commission
considered it in arriving at their decision. Motion was seconded by
Commissioner Abraham and carried.
Commissioner Seibert moved to approve Conditional Use Permit Case No. 80 -583
�with conditions as proposed, as it meets conditions for granting as.outlined
in Section 9203 of the Zoning Code. Motion was seconded by Commissioner
Stacy and carried.
Commissioner Seibert moved to approve Tentative Tract 39984, with conditions
as set forth. Motion was seconded by Commissioner Stacy and carried:
.PLANNING COMMISSION MINUTES
. MEETING OF JUNE 10 1980 PAGE FIVE
City Attorney Martin read title to Resolution No. 80- 898PC, A RESOLUTION
QV THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING CONDI
TIQNAL USE PERMIT AND TENTATIVE TRACT MAP (CUP 80 -583 and MAP .39984).
ommissioner Seibert moved to waive further reading and adopt,..seconded
!`Commissioner Abraham and carried.
COMMUNICATIONS - There were none.
TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - No one came forward.
11. MATTERS FROM CITY OFFICIALS
(a) Clarification of Ambiguity re.
Geese in Residential Zones
The City Animal Control Officer has received complaints about the
maintenance of geese on residential properties. The Temple City Zoning
Code makes no specific reference to allow or forbid geese.
Chairman Breazeal referred to Section 9331(2) b) which states that
no fowl shall be maintained or permitted on residential property
except those so mentioned, and geese are not mentioned. There is
no ambiguity. The other. Commissioners agreed.
(b) Environmental Quality and Code Enforcement
Program Report
Commissioner Seibert asked where the illegal used car lots are located,
and the Planning Director said at the northwest corner of Rosemead and
Las Tunas (C &R Clothiers parking lot), northeast corner of Rosemead
and Emperor - owners are not aware that the cars are parked there and
are for sale. The report was received, reviewed and filed.
(c) FRONT YARD DETERMINATION CASE NO. 80 -587
Richard and Mary Bush - Applicant /Owner
9207 East Wedgewood Street
Temple City, Ca. 91780
Site: 9207 East Wedgewood Street
Zone: R -1, Single Family Residential
The Planning Director said a request has been submitted to determine
the front yard of a corner lot located at the northeast corner of
Wedgewood Street and Encinita Avenue. Applicant wishes to, construct
a 6 ft. high fence along the 118 ft. on Encinita side of the property.
Mr. Richard Bush, 9207 East Wedgewood Street, said he wanted to close
in the property for privacy. The house is oriented to the Wedgewood
Street side.
The Commissioners were in agreement that the property front yard is
on Wedgewood Street, and ,Commissioner Seibert so moved, seconded by
Commissioner Abraham and carried.
City Attorney Martin read title to Resolution No. 80- 899PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY ESTABLISHING
WEDGEWOOD STREET AS THE FRONT YARD OF THE PROPERTY AT 9207 EAST
WEDGEWOOD STREET. Commissioner Seibert moved to waive further reading
and adopt, seconded by Commissioner. Stacy and carried.
PLANNING COMMISSION MINUTES
MEETING OF JUNE 10, 1980 PAGE SIX
(d) Chairman Breazeal expressed an interest in
having a study session to review some possible minor changes in
the recently adopted standards for condominiums. The Commissioners
agreed to meet for study session on June 24, 1980, 7:30 p.m., at the
City Hall.
12. ADJOURNMENT
There being no further business, Commissioner Stacy, at 8:40 p.m.,
moved to adjourn. Motion was seconded by Commissioner Seibert and
carried.
ATTEST:
•
•
4eveit2
Chairman