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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