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HomeMy Public PortalAboutMinutes - 1982/07/27 - RegularPLANNING COMMISSION MINUTES July 27, 1982 • INITIATION 1. The regular meeting of the Planning Commission of the City of Temple City was called to order at 7:30 p.m., July 27, 1982, by Chairman Abraham. - 2. Commissioner Stacy led the Pledge of Allegiance to the Flag. 3. ROLL CALL: Present: Commissioners Froehle, Stacy, Abraham Absent: Commissioner Breazeal Also present: City Manager Koski, City Attorney Martin, Planning Director Shaw and Senior Planner Peterson. Commissioner Breazeal's absence was excused for cause. 4. APPROVAL OF MINUTES: Regular Meeting of July 13, 1982 The minutes were approved as written. At this time Chairman Abraham referred to A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY COMMENDING JERRY SEIBERT FOR SERVICES RENDERED FOR AND ON BEHALF OF SAID CITY. He read the resolu- tion into the record and it was adopted unanimously. The Commissioners individually expressed their appreciation for Mr. Seibert's services and that they had enjoyed and benefited from working with him. Mr. Seibert, in accepting the commendation, said he had benefited and enjoyed the position on the Commission and hoped that someday he would move back into Temple City when he could again be of service to the City. 5. PUBLIC HEARING: ZONE CHANGE CASE NO. 82 -660 City of Temple City ) Applicant on behalf of petitioners ) Site: West side of Santa Anita Avenue between Freer Street and Grand Avenue (R -1 Zone). Planning Director Shaw, in giving the staff report, said the case had been initiated by a petition signed by 11 of the 19 property owners involved. All of the subject properties are developed with single - family homes which were constructed between 1940 and 1956. Current zoning is R -1. Surrounding zoning to the north and west is R -2 with a small area of R -3 at the northeast corner of Grand and Farago. To the east is a Los Angeles County area zoned A -1, Agricultural, Single Family. The General Plan shows this area as Medium Density Residential (7 -12 u /ac.). R -2 zoning, at 3600 sq. ft. /du would essentially fall within this designation. He continued by saying that, in accordance with CEQA guidelines, a Negative Declaration has been filed as no actual development is connected with this request. Staff analysis is that, if the request is approved, it will bring the area into conformance with the General Plan and would be a compatible extension of similar zoning in the area. All of the lots are in excess of 9,000 sq. ft. in area, which is large enough to accommodate two dwelling units on each lot. All property owners may not be able to take advantage of the change of zone, however,, due, tof the ; configurat on,of,,the - development of their lots. Staff ,recommended .the change of ^ zone 'be approved -per,. 4f indings1; -a, ;,; ' listed,in the staff report PLANNING COMMISSION MINUTES MEETING OF JULY 27, 1982 PAGE TWO Commissioner Froehle referred to the 6" main and three fire hydrants on the west side of Santa Anita., and asked if this was sufficient for fire pro- 0 tection, and Mr. Shaw replied it was considered adequate even with an in- crease in permitted density as requested, that it meets requirements. Commissioner Stacy asked what reasons the petitioners gave for requesting the zone change, and Mr. Shaw said that, on the petition,it was stated that all property adjacent to their properties in the City of Temple City is zoned R -2, that their properties and all property adjacent to their properties in the City are designated on the City's General Plan as medium density residential, and that their properties are the only properties in the immediate vicinity now zoned R -1. The Public Hearing was declared open. Mr. Howard A. Husein, 5221 Santa Anita Avenue, said he had submitted the petition. The lots included in the zone change are large enough to permit another unit, and the request complies with the General Plan. Any develop- ment will comply with the City regulations. The eleven signatures on the application represent 76% of the home owners in that area. Responding to question from Chairman Abraham, Mr. Husein said he didn't know if all those signing the petition were owners or renters, but the majority were owners. He owns property in that area and lives there and intends to construct another unit. He has lived there less than one year. There being no one else to speak to the issue. the Public Hearing was closed. Commissioner Stacy said it was interesting there was only one person to speak to the matter this evening and he wondered if the rest of the property owners involved knew the advantages of the zone change. He felt the request was consistent with the General Plan and with other zoning in the area. The property to the west was rezoned not too long ago. He did not feel there would be any drastic change. The houses are very well maintained on that street. Commissioner Froehle expressed concern that those signing the petition were the home owners. Mr. Shaw said 16 of the 19 property owners live on the property involved. Two of the signatories on the petition were renters. City Attorney Martin asked if the City had received any calls on this case, and Mr. Shaw said one call came from someone outside the subject area, and one was sent to the property owners involved, he continued, informing property owner in the area, in favor of the zone change. A separate . them of the hearing and proposed action, and then the required notification was sent. Commissioner Abraham said that, considering the apathy this evening on the . part of the property owners, and considering that this request complies with the General Plan, he favored it. Commissioner Froehle was in agreement. Commissioner Stacy moved to certify filing of the Negative Declaration as being in compliance with CEQA guidelines, seconded by Commissioner Froehle and passed. Commissioner Stacy moved to recommend to the City Council and to adopt by title only a resolution that the rezoning of the subject property from R -1 to R -2 be granted for the following reasons: 1) That this change of zone is in conformance with the General Plan, and 2) that the change of zone is consistent with other zones in the area, and 3) that the change of zone will allow land uses which are compatible with the existing land uses in the area. Motion was seconded by Commissioner Froehle and carried. City Attorney Martin read title to Resolution No. 82- 1022PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING TO THE • CITY COUNCIL A CHANGE OF ZONE FROM R -1 TO R -2 in CASE NO. 82 -660. PLANNING COMMISSION MINUTES • MEETING OF JULY 27, 1982 PAGE THREE 6. PUBLIC HEARING: CONDITIONAL USE PERMIT NO. 82 -661 • Ayoub Sesar for Thrifty Corporation - Applicant /Owner Site: 9450 -9456 East Las Tunas Drive (C -1 Zone) Mr. Shaw, in giving the staff report, said applicant is requesting approval of a conditional use permit for a shopping center to allow the addition of a new auto parts store to the shopping center by making alterations to the existing drug store. The proposal is to divide the existing drug store into two stores, Thrifty Drugs and an auto parts store. There will be no additional floor area proposed as part of this request, rather, the interior of the building will be modified by a new wall which will separate the busi- nesses. The exterior facade will be modified to provide for two separate entrances and signage for each business. The staff recommendations were that the request be approved inasmuch as no expansion is proposed; the property is adequate in size, shape, topography . and circumstances for the use, has sufficient access to streets and high- ways, and will not have an adverse effect upon adjacent properties or the public welfare. Certain conditions of approval are proposed, including two referring to landscaping and landscape maintenance within the shopping center. 4IpHe concluded by stating that a petition was presented to him this evening signed by 16 property owners in the area on Oak and Workman Avenues stating they were not in favor of the conditional use permit. City Attorney Martin, referring to the petition, said do these people use the Thrifty Drug Store for all their purchases, and if it would become necessary, because of the conditional use permit, for them to go further to make their purchases, also, is the parking lot adequate for the proposal. Mr. Shaw said the parking lot is adequate, and that he was under the im- pression that the same merchandise would be available as presently. Replying to question from Commissioner Froehle, Mr. Shaw said the coffee shop and laundromat will remain. Responding to Commissioner Stacy, the Planning Director said there will be no access for the public from the rear . of the building, nor any repairs. There is a loading dock and service en- trance from the rear, but not for public use. The public hearing was declared open. Mr. Ayoub Sesar, applicant, said he is proposing a discount auto parts store as part of the Thrifty complex. The auto parts section is transferring •from the East Coast where it is well established. The use is a discount concept with very low prices for items sold, which is the concept of the Thrifty Drug Corporation. He has no concern that the parking will be in- adequate, and felt the existence of three other auto parts stores was good competition. He concluded his presentation by passing around a brochure of the Trak Auto operation, saying that the store will carry import and domestic parts and has proved very successful. Responding to questions from Commissioner Stacy, he said the drug store will not reduce their present merchandise; this proposal will improve and increase the auto parts. This is a new concept but will not take away anything from the present store. Commissioner Froehle asked what is the average size of a Thrifty Drug Store, and was told about 15,000 - 16,000 sq. ft. This pro- posal would reduce the drug store to about. 14,000 sq. ft. Mr. Sesar added the store in Temple City is bigger than usual. Any store that has enough area in the chain is being changed, while normal size drug stores in the chain are not changed. There are no plans to change any other stores in the area. This action will show other stores and the community what can be done. There was no one else to speak in favor. Those against the proposal were: • Willena Schwerin, 5833 Oak Avenue, said the closest store comparable to ° Thrifty's for her shopping was in Arcadia (Hinshaw's), that there are two schools to the north and two to the south, and the children travel PLANNING COMMISSION MINUTES MEETING OF JULY 27, 1982 PAGE FOUR on Oak and Cloverly going to and from school, often stopping at Thrifty's for ice cream. The new use would increase traffic and it would be more hazardous for pedestrians. Continuing, she said there are presently three auto parts stores in Temple City and the community did not need another one, especially a discount store that might force out the small businessman. There are 638 Thrifty stores across the country, the one in Temple City is one of the top 25 stores with highest income, clearing 1.6 million dollars in 1980 and 1.9 million in 1981. In 1982, so far, they have cleared over 1/2 million. If the auto parts section wants to get a large store they should go near Santa Anita, where the Thrifty Store has more square footage. Commissioner Stacy explained the Commission or the City cannot stop com- petition, and cannot prevent a use from coming into the City to locate if it is permitted in the zone. An auto parts business is permitted in the. C -1 zone. Chairman. Abraham asked Mr. Sesar if he had read the conditions of approval, and Mr. Sesar said he had, but that the complex maintenance was the re- sponsibility of Ralphs Industries, who also controlled the landscaping and maintenance. They would have to work with Ralphs to fulfill those conditilb There was no one else to speak to the issue and the public hearing was closed. City Attorney Martin said that a few weeks ago the City Council adopted a. moratorium in the C -1 Zone, which may affect the present hearing, and the Planning Commission would have to make an interpretation. City Manager Koski said Section 4 of the ordinance imposing the moratorium states the ordinance shall remain in effect for a period of 120 days (November 3, 1982),and the Building Official of this City is directed not to issue any building permits for new construction within the C -1 Zone during the term of the ordinance. The question for interpretation is whether the request before the Commission is considered "new construction ". The Commissioners determined that, since the proposal would require a building permit, it was new construction and therefore falls under the moratorium. The Commission then continued the present case to the first meeting after November 3rd, which would be November 9, 1982, and stated it would be renoticed. 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 (a) Determination of Legality of Dwelling Units - 9836 E. Wendon (R -1 Zone) Director Shaw said staff discovered there exist three dwelling units at the subject address. He gave the history of the structures, and said the present owners, who purchased the property in 1968, did so thinking these units were legal rentals. Staff has determined that the units were created illegally and have no legal nonconforming status and, unless directed otherwise, staff will continue procedures to abate the use. Mr. Bryan Ball, owner of the property, said he was unaware of the illegality of the units; they were in existence when he bought the property. He is willing to comply with City requirements, but asked for reasonable time to do so. He was instructed to work with staff.to resolve the problem. (b) Referral from City Council Re: Treated Wood Shingles The Commissioners were unanimous in their opinion to advise the City Council to adopt an ordinance banning construction, whether new or re- placement of old roofs, with untreated wood roofs throughout the City. Commissioner Stacy so moved, seconded by Commissioner Froehle and passe PLANNING COMMISSION MINUTES MEETING OF JULY 27, 1982 PAGE FIVE (c) Letter of July, 1982, from the State of California - Re: AB 941 This matter was brought to the attention of the Commission for information only, and having to do with Residential Development Permit Coordination. The letter was reviewed, received and filed. (d) Set Study Session Date - C -1 Study Because the Commissioners had a conflict with dates and vacation schedules, it was determined to postpone setting a date until after vacations were completed. (e) Lower Azusa Road Study Memo The results of the questionnaire sent to property owners along Lower Azusa Road had been tabulated and a report prepared on the findings for information only for the Planning Commission at this time. The Director said staff will prepare alternatives for the development of Lower Azusa, and if the Commission feels a General Plan amendment is in order, staff will prepare an Environmental Impact Report and General Plan Amendment. (f) Status of Former Public Nuisance Cases. The present status of nuisance cases at 6241 Golden West Avenue and 6412 Rosemead Boulevard was received, reviewed and filed. (g) Request for 30 -day Extension of Time for Tentative Tract 41245 - 9021 Emperor Avenue Director Shaw said the request was received by staff on July 22, 1982, but constitutes a modification of condition of granting a tentative tract, and requires noticing. Therefore this matter will be before the Commission at their next meeting. 10. ADJOURNMENT There being no further business, the meeting adjourned at 9:00 p.m. ATTEST.:.