HomeMy Public PortalAboutMinutes - 1982/04/27 - Regular"
P L A N N I N G C O M M I S S I O N M I N U T E S
A p r i l 2 7 , 1 9 8 2
I N I T I A T I O N
1 . T h e r e g u l a r m e e t i n g o f t h e P l a n n i n g C o m m i s s i o n o f t h e C i t y o f T e m p l e
C i t y w a s c a l l e d t o o r d e r a t 7 : 3 0 p . m . , A p r i l 2 7 , 1 9 8 2 , b y C h a i r m a n
S t a c y .
2 . P L E D G E O F A L L E G I A N C E
C h a i r m a n S t a c y l e d t h e P l e d g e o f A l l e g i a n c e t o t h e F l a g .
3 . R O L L C A L L :
P r e s e n t : C o m m i s s i o n e r s A b r a h a m , B r e a z e a l , F r o e h l e , L a w s o n , S t a c y
A b s e n t : C o m m i s s i o n e r s - N o n e
A l s o p r e s e n t : C i t y M a n a g e r K o s k i , C i t y A t t o r n e y M a r t i n a n d S e n i o r
P l a n n e r P e t e r s o n .
4 . A P P R O V A L O F M I N U T E S - M e e t i n g o f A p r i l 1 3 , 1 9 8 2
T h e r e b e i n g n o a d d i t i o n s o r c o r r e c t i o n s t o t h e m i n u t e s , t h e y w e r e
a p p r o v e d a s w r i t t e n , w i t h C o m m i s s i o n e r L a w s o n a b s t a i n i n g .
5 . P U B L I C H E A R I N G : D E T E R M I N A T I O N O F E X I S T E N C E O F A P U B L I C N U I S A N C E
9 0 2 1 E M P E R O R A V E N U E ( C a s e N o . 8 2 - 7 5 )
S e n i o r P l a n n e r P e t e r s o n s t a t e d t h a t s t a f f i n s p e c t e d t h e p r o p e r t y
t h a t d a y a n d f o u n d i t i s s t i l l w e e d - c o v e r e d a n d t h e h o u s e a n d g a r a g e
u n s e c u r e d . T h e o w n e r w a s o b s e r v e d n a i l i n g b o a r d s a c r o s s t h e w i n d o w s
a n d n a i l i n g d o o r s a n d w i n d o w s c l o s e d t o s e c u r e t h e b u i l d i n g , b u t
R o y B u c h a n o f t h e L o s A n g e l e s C o u n t y B u i l d i n g D e p a r t m e n t , w h o w a s w i t h
s t a f f o n t h e i n s p e c t i o n , s t a t e d t h e s e c u r i n g w a s i n a d e q u a t e a n d d i d
n o t m e e t L o s A n g e l e s . C o u n t y B u i l d i n g C o d e s t a n d a r d s . T h e p r o p e r t y o w n e r
w a s n o t i f i e d o f M r . B u c h a n ' s d e t e r m i n a t i o n .
T h e p u b l i c h e a r i n g w a s d e c l a r e d o p e n . N o o n e c a m e f o r w a r d t o s p e a k ,
a n d t h e h e a r i n g w a s c l o s e d . P
T h e C o m m i s s i o n e r s w e r e i n a g r e e m e n t t o d e c l a r e t h e p r e m i s e s a p u b l i c
n u i s a n c e . C o m m i s s i o n e r L a w s o n m o v e d t o r e c o m m e n d t o t h e C i t y C o u n c i l
t h e a b a t e m e n t o f p u b l i c n u i s a n c e i n C a s e N o . 8 2 - 7 5 , s e c o n d e d b y C o m -
m i s s i o n e r A b r a h a m a n d c a r r i e d .
C i t y A t t o r n e y M a r t i n r e a d t i t l e t o R e s o l u t i o n 8 2 - 1 0 0 4 , A R E S O L U T I O N
O F T H E P L A N N I N G C O M M I S S I O N O F T H E C I T Y O F T E M P L E C I T Y D E C L A R I N G A
P R O P E R T Y N U I S A N C E A N D R E C O M M E N D I N G A B A T E M E N T O F S A M E , A T 9 0 2 1 E M P E R O R A V E .
C o m m i s s i o n e r L a w s o n m o v e d t o w a i v e f u r t h e r r e a d i n g a n d a d o p t t h e r e s o l u -
t i o n , s e c o n d e d b y C o m m i s s i o n e r A b r a h a m a n d m o t i o n c a r r i e d .
5 . P U B L I C H E A R I N G : M O D I F I C A T I O N O F C O N D I T I O N A L U S E P E R M I T N O . 7 5 - 4 6 0
L o u i s A . O r n e l a s - A p p l i c a n t
S i t e : 5 5 0 0 N o r t h R o s e m e a d B o u l e v a r d ( C - 2 Z o n e )
I n g i v i n g t h e s t a f f r e p o r t , S e n i o r P l a n n e r P e t e r s o n s a i d t h e a p p l i -
c a n t i s r e q u e s t i n g a m o d i f i c a t i o n o f a c o n d i t i o n a l u s e p e r m i t t o
a l l o w t h e e x p a n s i o n o f a n e x i s t i n g g a s o l i n e s t a t i o n / c a r w a s h f a c i l i t y
b y i n c o r p o r a t i n g a p o l i s h i n g d e p a r t m e n t . T h e p r o p e r t y i s l o c a t e d o n
t h e n o r t h e a s t c o r n e r o f R o s e m e a d B o u l e v a r d a n d B r o a d w a y a n d i s p r e s e n t l y
d e v e l o p e d w i t h a c o m b i n e d g a s o l i n e s t a t i o n - c a r w a s h f a c i l i t y a n d
a p a r t m e n t c o m p l e x . T h e p r o p e r t y i s w i t h i n t h e R o s e m e a d B o u l e v a r d
R e d e v e l o p m e n t P r o j e c t A r e a . T h e c a r w a s h f a c i l i t y w a s a p p r o v e d b y
t h e C o m m i s s i o n i n M a y , 1 9 7 5 , a n d o n J a n u a r y - , 1 9 7 6 , i t w a s e x p a n d e d .
I n F e b r u a r y , 1 9 7 6 , t h e C R A a p p r o v e d t h e p r o j e c t b u t i n c l u d e d a
c o n d i t i o n o f a p p r o v a l r e q u i r i n g r e m o v a l o f t h e n o n c o n f o r m i n g r e s i -
d e n t i a l u s e s b y J a n u a r y 2 7 , 1 9 8 6 .
M r . P e t e r s o n c o n t i n u e d b y s a y i n g t h e p r o j e c t i s c a t e g o r i c a l l y e x e m p t
f r o m t h e r e q u i r e m e n t s o f a n E I R i n a c c o r d a n c e w i t h C E Q A G u i d e l i n e s
( C l a s s e s 1 ( e ) a n d 3 ( c ) ) . H e d e s c r i b e d t h e p r o j e c t e d p o l i s h i n g
f a c i l i t y a n d r e v i e w e d t h r e e m a i n i s s u e s r e l a t i v e t o t h e p r o p o s e d
r e q u e s t , i . e . , n o n c o n f o r m i n g r e s i d e n t i a l u s e o n t h e s i t e ( a n
a p a r t m e n t o f f o u r u n i t s a n d a d e t a c h e d s i n g l e - f a m i l y s t r u c t u r e ) , t h e
PLANNING COMMISSION MINUTES
MEETING OF APRIL 27, 1982 PAGE TWO
parking (the new use will cause the removal of two parking spaces),
and aesthetics (applicant has assured staff the new facility will
tie in with existing structures). Responding to questions from Chair-
man Stacy, Mr. Peterson said access to the apartment complex
is along the north side of driveway and parking area, at the west
side of the building. There is also parking in back, at the rear
of the apartment. There is a lease agreement with the ad-
jacent building.
The public hearing was declared open.
Mr. Brian McKay, 737 S. Garfield, Alhambra, representing the applicant,
said they were agreeable to all of the conditions except the final one,
requiring the planter westerly of and adjacent to the new polishing
department to be increased in width from 2 ft. in width to 5 ft.,which
would take away 120 sq. ft. of the drying area. The existing planter
is no wider than that, and there is adequate landscaping on site. He
stated he owned the adjacent residential use, and, if there was a
problem with parking, it will be eliminated in 1986 when the use is
required to be abated. The lease for the parking for this use is a
month -to -month one. He would be happy to sign a longer lease.
There being no one else to speak to the issue, the public hearing was
closed.
Commissioner Abraham declared he had done business some years ago with
Mr. McKay, but this would not affect his decision tonight. Commissioner
Breazeal stated he had viewed the property.
Commissioner Breazeal said he was in agreement to reduce the planter
width to 2 ft., as it was a reasonable request. The other Commissioners
were in agreement and had no objections to the request.
Commissioner Abraham moved to grant modification of Conditional Use
Permit 75 -460 with conditions as modified and with a condition added
that the modification shall terminate and be abated by the City if
at any time the access to the residential structure via the adjoining
property is terminated. Motion was seconded by Commissioner Breazeal
and carried.
City Attorney Martin read title to Resolution No. 82- 1005PC, A RESOLU-
TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A
MODIFICATION IN CONDITIONAL USE PERMIT CASE 75 -460. Commissioner
Breazeal moved to adopt by title only, seconded by Commissioner Lawson
and carried.
7. PUBLIC HEARING: CONDITIONAL USE PERMIT CASE 82 -653
Mani Etemad and Bahram Zomorodi - Applicants
Sherman & Bender - Owners
Site: 9116 Las Tunas Drive (C -2 Zone)
Mr. Peterson, in giving the staff report, said applicants are request-
ing approval of a conditional use permit to allow the opening and
operating of a video game arcade business. The property is located
on the south side of Las Tunas Drive between Hart Avenue and Loma,
and is currently developed with three buildings, two small offices
and a small house, and a paved area with approximately 6 parking
spaces. A Negative Declaration of 'Environmental Impact has been
prepared determing that the proposed project will have no signifi-
cant impact on the environment or on adjacent properties. The
applicants intend to open and operate the business in the 460 sq. ft.
vacant office building by installing about 18 token - operated video
game machines, and installing a cashier's room or change room.
Applicants have submitted a statement of intention how they will
deal with potential problems and concerns identified by staff. The
nature of the office -type uses on Las Tunas Drive make the proposed
use incompatible with the proposed one. The proposed hours of
operation indicate this use will be the only business open at night
and on Sunday. Mr. Peterson pointed out the noise factor outside
the facility, light and glare, which even if controlled or reduced,
could affect security. He referred to communication from the Los
Angeles County Sheriff's Department and the Temple City School
District indicating concerns about arcades. If the Commissioners
do approve the request, Mr. Peterson continued by saying that
PLANNING COMMISSION MINUTES
FETING OF APRIL 27, 1982 PAGE THREE
they will be required to make certain legal findings as required
in the Zoning Code, and staff has prepared proposed conditions of
granting, outlined in the staff report.
Chairman Stacy read a letter from Mr. Ralph Weaver, Callahan & Weaver
Inc., who owns the building to the east of the subject location, ob-
jecting to the proposed use, as it is not compatible with the busi-
nesses in the area, has insufficient parking, and concern about the
type of persons the use would attract. Mr. Stacy also called atten-
tion to the recent memo from staff regarding inadequate parking on-
site for the facility.
Commissioner Breazeal said he had viewed the property and talked with
residents and property owners in the area. Commissioners Abraham,
Stacy and Froehle had also viewed the property.
The public hearing was declared open.
Mr. Mani Etemad, 17708 Margate Street, Encino, applicant, said the
operators will have strict rules enforced in the establishment and
outside it, no students under 16 years of age will be permitted dur-
ing school hours. Most of the business activity occurs after other
businesses in the vicinity will have closed, and on weekends when
other businesses are not open. Parking area is well lighted. Clients
will be provided with free membership cards with a picture of the
person on it, and operators will require either a driver's license
or school identification as I . D . Those without a membership card will not be
allowed into the establishment. Responding to Commissioner Breazeal's
question, Mr. Etemad said that from 11 a.m. to 6 p.m. his partner
will operate the facility; one partner will be operating the
change room, while the other will be outside as security. They have
not operated an arcade before, but have a grocery store in Pasadena
in which there are video machines.
Answering Commissioner Abraham's question of what was the capacity of
the facility, Mr. Etemad responded 18 persons, one for each machine.
Commissioner Froehle asked how he intended to limit the number of
members, and was told the number of cards would be limited to 100-
150, reviewed every six months, and if more customers than can be
accommodated arrive at one time, they will be asked to come back
another time. He further stated the business activity hours would
change during the summer months, and the guard hours would change
also, when the students are on vacation. He intends to add another
restroom as the location has only one restroom presently. By so doing,
the change room will be eliminated and only a change table will be
provided, which may necessitate the removal of two machines. He was
aware there was street parking available, and was informed that it
is shared by other businesses in the area.
Couuuissioner Breazeal asked how the operators' will determine that a
client is 15 years old or older, and was told that person will have
to show identification which will provide his age, telephone number
and address, and if necessary, a letter from the parents. This in-
formation will be required prior to issuing a membership card.
Mr. Etemad responded to Commissioner' Abraham's question why this site
was selected by saying that the operators wanted a small operation as
the bigger ones are harder to control, and the building at this site
is not attached to adjacent buildings.
Mr. Bahram Zomorodi, 420 Electric, Alhambra, applicant, stated that
the applicants are willing to prevent potential problems, and solve
those that may occur, but that all businesses have problems. This
use will provide an entertainment center for young people, will pro-
vide foot traffic; hours of operation are reasonable, lighting and
noise will be controlled. The facility has its own parking. Bicycles
will be secured with a lock rack in the rear, no students will be
allowed during school hours. The applicants are aware of the problems
this type of use has experienced in other locations and will provide
security to prevent them occurring here. The City has the right to
revoke their business license if the use is not operated according to
City requirements. Responding to Commissioner Froehle's question if
PLANNING COMMISSION MINUTES
MEETING OF APRIL 27, 1982 PAGE FOUR
this use would be a family- oriented entertainment center, Mr.
Zomorodi said mostly young people would frequent it, but.people
of any age would be admitted. He replied to Mr. Abraham that
the grocery store they operate has had 25 games over the years.
Miss Tracy Schumacher, 740 Golden West Avenue, Arcadia, had fre-
quently been a client of arcades, and, while there are no arcades
in Arcadia, she spoke in favor of the use and the request tonight
Mr. Richard Schumacher, 740 Golden West Avenue, Arcadia, said the
news media elaborates the problems of arcades and in some instances
falsifies problems. He frequents arcades all over and has not seen
any drug problems, for example. The use would be a benefit to the
City and give the youths something to do. He answered Mr. Breazeal's
question of how many players waiting to play at the machines in the
places he had been, and Mr. Schumacher said one person is playing
and two or three people watch and wait their turn.
Mr. John Conover, 9110 Las Tunas Drive, whose property is just west
of the subject location, said if the use is approved, it should be
reviewed frequently, and he further asked if the security guard
protecting that property will protect the adjacent properties. He
was not against the use, or any legitimate business out to make a
profit, however, he was concerned about the amount of money young
people require to spend at such an establishment. He asked what
the occupancy allowed for the building was according to the Los
Angeles County Building Dept., and was told it was 41 people. He
stressed the request for review in six months by the City when the
public could again come forward on this case.
In opposition:
Mr. E. J. Hunt, 5830 Hart, referred to the Winchell Donut Shop which
had operated near his location, and the noise, traffic, long hours,
which theneighborhood suffered through from that use, and these problems
continued all weekend long. Recently an arcade was permitted in
Catalina and the theft of gasoline increased, as did the use of drugs.
The operators have no control over the clients after they leave the
facility. The parking on Hart Street is presently a problem, and
with this use it will be impossible.
Mr. Em4cee, 5762 Loma, said the problems caused by arcades are very
real, the safety of all surrounding areas would be compromised by
such business, that crime and violence would be increased. He had
been a military policeman for many years and was aware of the
problems associated with arcades.
Mr. Curtis Little, 5757 Loma, presented letters from Mr. Gerald A.
Jambazian or Wonder Cleaners and Drapery, 9136 East Las Tunas Drive,
Susan Carroll, 5763 Loma Avenue, and Mr. and Mrs. Angelo Petrillo
of Mama Petrillo's Restaurant, 9082 Las Tunas Drive, all objecting
to the proposed use. Letters are on file in the Planning Depart-
ment. Mr. Little then continued saying his rear yard abuts the
subject property. The parking on the street in his area is difficult
and inadequate now. He felt that the use was not good for young
people and that he was against it.
Mr. Rem, who owns the business at 9106 Las Tunas Drive, said the
rear of the subject property was open, and it is open to the east
and west, and he was concerned, with the number of young people,
there would be graffiti as there is a lot of wall space. He was
against the use.
Mr. John Waade, who owns business property at Las Tunas and Sultana,
(two office buildings and an apartment building) said he did not
want arcades so close to residential property. He added that this
use encourages narcotics and graffiti.
PLANNING COMMISSION MINUTES
MEETING OF APRIL 27, 1982 PAGE FIVE
In rebuttal, Mr. Zomorodi, applicant, said there are presently nine
arcades in Pasadena and there are almost no problems according to the
police report. Some of these arcades have as many as 130 games or
machines. While the number of persons permitted for maximum occupancy
at the subject location is 41, the actual number permitted will be 36.
The foot traffic will bring business to other businesses; they are
willing to install the other restroom. The image of arcades is not cor-
rect - there are many large arcades with no problems. There will be no
food or drinks provided. They will use no City parking as they have
their own parking. The arcade will close at 10 p.m. The theatre at
Rosemead and Las Tunas remains open until 1 p.m.
Chairman Stacy said that there are six parking spaces, and one will be
used by the resident in the residential structure; if the other struc-
ture is rented one space will be required for that business. Mr. Zomorodi
said they have a lease contract for the six spaces. He continued, in
response to Chairman Stacy's questions, that after the business closes,
the guard's duty will be to protect the surrounding businesses and
residences. The guard will be outside, and on Friday and Saturday
nights there will be another person inside to protect the arcade.
Commissioner Froehle asked if the residence in the rear is one bedroom,
and was told it was and is occupied by a man and wife. While it would
be possible for them to have two cars, they do not. The tenants have
only one car. If the building becomes vacant, the applicants will rent
the place for their own use. Mr. Froehle said that, during working
hours there would be two attendants and one security guard, and they
would all have separate vehicles requiring three spaces.
The public hearing was declared closed..
Commissioner Breazeal said that, in reviewing the required findings for
granting the request, the property is not adequate in size as there are
only six parking spaces and nine are required, and there is no request
for a zone variance. The proposed use is not appropriate for the type
of property, and its location in the C -2 zone. There are letters from
the School District and the Sheriff's Department expressing concern
about the adverse effects from the use. The main reason for denial,
in his opinion, was that the site is inadequate.
Commissioner Abraham and Commissioner Lawson concurred.
Commissioner Froehle added that his concern was the parking and the
effect of the use on the community.
Chairman Stacy said the applicant made a sincere effort to comply with all
requirements and how he would control problems, but the use would have a
negative effect on surrounding properties. The site is inadequate because
of the limited parking and with three employees and the possibility of
someone else living in the rear residence, there would be no parking
left for customers.
Commissioner Breazeal moved to deny the request for a conditional use
permit because of the site being inadequate, substandard parking pro-
vided, the location in the C -2 zone is unsuitable, and the proposed use
will have an adverse effect upon the use, enjoyment and valuation of
adjacent property and upon public welfare, and to adopt by title only
the resolution denying the request. Motion was seconded by Commissioner
Ffoehle and carried. Commissioner Breazeal moved further that the
Negative Declaration filed is incorrect as there would be a negative
impact on adjacent properties. Motion was seconded and carried.
II/ City Attorney Martin read title tp Resolution 82- 1006PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DENYING A CONDI-
TIONAL USE PERMIT IN CASE NO. 82 -653.
A recess was called at 8:50 p.m. and the meeting was resumed at 9:00 p.m.
8. COMMUNICATIONS - There were none.
9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - No one came forward.
411PLANNING COMMISSION MINUTES
MEETING OF APRIL 27, 1982 PAGE SIX
f
10. MATTERS FROM CITY OFFICIALS
(a) Set Public Hearing to Determine
Existence Of Public Nuisance
1) Vacant lot near 6239 Golden West Avenue
2) 6412 Rosemead Boulevard
Planner Peterson stated that on the first property the weeds and vegeta-
tion are overgrown and contact with the owner had not produced desired
results. On the second property there is a large pile of broken concrete
rubble, weeds, signs and the property is generally unsightly. Both
properties were re- inspected by staff that day and no improvement was
noted. Commissioner Breazeal moved to set both items for public hearing
for the May llth meeting, and to adopt by title the resolution to that
effect. Motion was seconded by Commissioner Lawson and carried.
City Attorney Martin read title to Resolutions 82- 1007PC and 82- 1008PC,
RESOLUTIONS OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY
DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO DETERMINE THE EXIST-
ENCE OF PUBLIC NUISANCE.
(b) Planning Commission to Select
Vice Chairman for Planning Commission
Due to the resignation of Jerry Seibert, former Planning Commissioner, the
seat of Vice Chairman is vacant, the Senior Planner stated, and should be
filled for the remainder of the unexpired term.
Commissioner Breazeal nominated Commissioner Abraham for the position of
Vice Chairman, seconded by Commissioner Lawson. Commissioner Breazeal
moved to make the selection unanimous, seconded by Commissioner Lawson
and the motion carried.
(c) Commissioner Breazeal, referring to the hearing
just held on the arcade request, suggested that staff prepare a set of
standards for arcades, in resolution form, which the Commission could
4IP review and approve for use when considering future requests for arcades.
(d) Commissioner Breazeal further recommended that
billiard parlors, pool halls and other commercial recreational uses,
presently permitted in the C -2 zone, be made subject to a conditional use
permit, and also to include video arcades as a use permitted with a condi-
tional use permit. He requested that staff prepare an ordinance amendment
for recommendation to the City Council.
11. ADJOURNMENT
There being no further business, the meeting adjourned at 9:10 p.m.
ATTEST: