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Home My Public Portal AboutMinutes - 1983/06/28 - Regular" x " " " PLANNING COMMISSION MINUTES June 28, 1983 INITIATION 1. The regular meeting of the Planning Commission of the City of Temple City was called to order at 7:30 p.m., June 28, 1983, by Chairman Abraham. 2. Commissioner Breazeal led the Pledge of Allegiance to the Flag. 3. ROLL CALL' Present: Commissioners Breazeal, Coolman, Froehle, Stacy, Abraham Absent: Commissioners - None Also present: City Manager Koski, City Attorney Martin, Planning Director Shaw and Senior Planner Peterson. 4. APPROVAL OF MINUTES: Meeting of June 14, 1983 There being no additions or corrections to the minutes they were approved as written. 5. PUBLIC HEARING: MODIFICATION OF ZONE VARIANCE 83 -678 Anthony R. Falzone Site: 5241 North Pal Mal Avenue (R -1 Zone) The Planning Director reported that the Planning Commission, on May 24, 1983, approved a request for a zone variance at the subject address to reduce required rear yard setback to allow construction of certain building additions. The approval was made subject to several conditions including a requirement that an existing driveway along the south property line, which does not lead to a parking structure or area, shall be removed. Mr. Shaw continued by saying that the applicant has now submitted a revised plan which shows an "enclosed storage area" at the end of the driveway and requests that Condition No. 5 of Resolution No. 83- 1061PC be deleted. He concluded by showing a video tape of the property. In response to questions from Mr. Froehle whether the required 6 ft. gate or fence properly shield the recreational vehicle Mr. Falzone intends to store in that area, and Mr. Shaw said the applicant is proposing a wrought iron enclosure, but that it should be a view - obscuring fence or wall. The Public Hearing was declared open. No one came forward to speak and the Public Hearing was closed. The Commissioners were in favor of deleting the condition to remove the second driveway, but that the condition requiring a view- obscur- ing fence or gate should be imposed. Commissioner Coolman expressed the opinion that she did not favor second driveways; there are many people who have recreational vehicles and need a place to store them. However, she would go along with the other members of the Commission in approving it as the driveway in this instance will lead to an enclosed storage area. Commissioner Stacy moved to approve the modification to Resolution 83- 1061PC Condition No. 5, and to allow applicant to retain the second.. driveway, but requiring that a 6 ft. high view - obscuring fence, wall or gate shall be installed, and to adopt by title only the resolution granting same. Motion was seconded by" Commissioner Breazeal and carried unanimously. City Attorney Martin read title to Resolution No. 83- 1064PC, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY MODIFYING RESOLUTION 83- 1061PC. PLANNING COMMISSION M�JTES MEETING OF JUNE 28,'1983 PAGE TWO • 5. PUBLIC HEARING: ZONE VARIANCE CASE NO. 83 -683 William B. Ross - Applicant Site: 6002 Encinita Avenue (R -1 Zone) Director Shaw, in giving the staff report, said applicant is request- ing a zone variance to reduce the required rear yard setback from 15 ft. to 92 ft. in order to obtain building permit for an already constructed family room. This addition, built some time in the past, connects the house and the garage, resulting in the nonconforming rear yard setback. Staff recommends approval as the request will not change what is already existing, the addition could have been constructed prior to incorporation with permit even with the re- duced setback, and there is and will continue to be adequate open area for outdoor recreation on the property. He concluded his pre- sentation by referring to the conditions of approval and showed a video tape of the property. Responding to questions from Commissioner Breazeal, Mr. Shaw said that the proposed condition No. 3 requiring the Building Department to inspect the addition and requiring applicant to make all corrections necessary should correct any safety infractions. Chairman Abraham asked if the guest house on the property had been inspected, and the Planning Director said he had walked through it and there were no kitchen facilities in that structure. The Public Hearing was declared open. Mr. William B.Ross, 6002 Encinita Avenue, applicant, said the addi- tion was made around 1963, at which time they thought they were just enclosing the area and did not need a permit, but now find they do, which is the reason for the request. There was no one else to speak to the issue and the public hearing was,closed. The Commissioners were in agreement that the request meets the re- quirements of Section 9201 of the Zoning Code for granting of a variance and they concurred to grant it. Commissioner Breazeal made a motion to grant a zone variance in Case No. 83 -683 as it meets the criteria for granting a variance according to Section 9201 of the Code, with conditions as proposed by staff, and to adopt by title only the resolution granting the variance. Motion was seconded by Commissioner Coolman and carried unanimously. City Attorney Martin read title to Resolution No. 83- 1065PC, A RESOLU- TION. OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A ZONE VARIANCE IN CASE NO. 83 -683. 7. PUBLIC HEARING: ZONE VARIANCE CASE 83 -684 D. E. and Kathryn Nielsen Site: 9660 La Rosa Drive.(R -1 Zone) Mr. Shaw gave the staff report saying applicant requests a zone variance to reduce required rear yard setback for a two -story addition from 15 ft. to 8 ft. 6 in. and to also allow a bay window to project an additional 2 ft. into the rear yard area. He ex- plained that the staff finds the addition will be an improvement to the property, that, except for the bay window,the existing rear yard setback will be maintained, that by the proposed removal of the existing patio cover from the house to the rear property line more rear yard setback will exist, and there will still be a sizable side yard area to the west of the house which will function as a rear yard for outdoor recreational purposes. He showed a video tape of the property, and at the request of the Couunissioners,,dis- played a rendering of the proposed construction. Chairman Abraham asked what the distance was from the subject resi- dence to the house in the rear, and Mr. Shaw said it backs up to the side yard of the neighboring house. " PLANNING COMMISSION MINUTES MEETING OF JUNE 28, 1983 PAGE. THREE " The Public Hearing was declared open. Mr. Donald Nielsen, 9660 La Rosa Drive, applicant, said the struc- ture on the property to the south of his is a garage and is right to the property line. He had nothing to add to the presentation by Mr. Shaw. There being no one else to speak to the issue the public hearing was closed. The Commissioners were in agreement that the addition and remodeling will greatly improve the appearance of the residence and have a positive effect on the area, and that the request for a zone variance meets the requirements of Section 9201 of the Zoning Code for granting the request. Commissioner Froehle moved to approve Zone Variance Case 83 -684 with staff conditions as proposed and to adopt by title only the resolution approving the request for the reasons that the property,is unique having very little lot depth but adequate lot width to accommodate the proposal, if the variance is not granted the applicant will be denied a property right which is enjoyed by other property owners similarly situated, and that the new addition will be a marked im- provement to the area and will not decrease existing rear yard setback and will maintain more than sufficient side yard. Motion was seconded by Commissioner Stacy and carried unanimously. City Attorney Martin read title to Resolution No. 83- 1066PC, A RESOLU- TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A VARIANCE IN CASE NO. 83 -684. 8. PUBLIC HEARING: CONDITIONAL USE PERMIT CASE NO. 83 -685 John Genovese and Clara M. Reeves Site: 9350 E. Lower Azusa Road (M -1 and M -2 Zones) Mr. Shaw said applicant requests continuation of a permitted towing service and addition of an auto repair service - which already exists. He explained that towing services are permitted in the industrial zor?es while automotive repair services are permitted in C -3 and manu- facturing zones but require a conditional use permit. The proposed change will not alter the physical description of the site nor will it affect existing structures and their current uses. Staff recommends approval inasmuch as the added automotive repair activity will be completely enclosed within an existing building, parking should not pose a significant restriction as ample space is provided on site and any vehicles on site for repair will be placed in an area screened from street view. Furthermore, the service expansion will not demonstrably change the present activity on the site and, with the con- ditions proposed for approval the site will be more aesthetically pleasing and compatible with surrounding properties. He referred to the proposed conditions and said staff recommends another condition - that there would be no auto dismantling, parts storage or auto body repair on site. He concluded his presentation with a video tape of the property. Chairman Abraham was concerned that the applicant might stack the cars, making the proposed 6 ft. high fence or wall inadequate. Mr. Shaw replied that impound cars are usually kept at the yard only a short period of time. There is no specific time limit they are kept at the yard. Regarding Commissioner Coolman's comment about requiring a masonry wall, Mr. Shaw said that staff checked with other jurisdictions and learned they have very rigid standards dealing with appearance of auto storage yards, and have two years to bring the property up to Code, and those in So. El Monte require an 8 ft. masonry wall and 5.ft. landscaped planters, Commissioner Stacy said he was abstaining from this case due to con- flict of interest. PLANNING COMMISSION MINUTES MEETING OF JUNE 28, 1983 PAGE FOUR the public hearing was declared open. Mr. John Genovese, part owner and applicant, asked why staff was pro- posing a 6 ft. high masonry wall around the front house as the area in the front is used for off - street parking for the people living there. The other house on the property is used as an office and for the night watchman. He had read the conditions and objected to the condition for a sidewalk along the frontage of Miller Drive as no one would use it. He would prefer to install a chain link fence with slats in the front of the property. All other areas he rents from the railroad and doesn't like to spend a lot of money on rental property. His lease is for one year with the option for five years with the railroad. Responding to a question from Conunissinner Froehle, he said most vehicles are stored from two to thirty days and are available for resale after 10 days. He does not do any dismantling on the site. Mr. Russell Linford, 4815 Alessandro, said that often there are four tow trucks parked on Lower Azusa Road across from his residence. Coming south from Alessandro it is very difficult to get on Lower Azusa Road. He presented snapshots of the situation to the Commission. He was not ob- jecting to the business, but the video tape showed the parking lot filled and he is concerned if the business increases there will be more on- street parking. He was in favor of the screening by a masonry wall as the view going east along Lower Azusa, over the wash, has a fence that is usually down. Mr. Mitchell Wheeler, 9366 Lower Azusa Road, said that on Miller Drive there are old cars parked, coming in at night, and sometimes, the tow trucks are parked there also, creating a traffic problem. He asked how late the repairing of vehicles would be permitted, and was told the hours of operation would be 8 a.m. to 5 p.m. Some of the cars on Miller Drive belong to employees of the applicant. "In rebuttal Mr. Genovese said his trucks go into the yard to drop cars off at night, and sometimes they are trucks that belong to someone else. His tow trucks are never on- street at night, and they go out at 7:30 a.m. and after that hour do park on the street. He was not aware that this parking was creating a hazard and would discontinue it. Commissioner Breazeal said it would be beneficial to the Commissioners who had not yet viewed the site, as he had, to visit it, and make an objective Sobservation. He moved to continue the public hearing on Conditional Use Permit Case No. 83 -685 to the next meeting on July 12, 1983. Motion was seconded by Commissioner Froehle and carried. Chairman Abraham called a recess at 8:40 p.m. and reconvened the meeting at 8:50 p.m. 9. PUBLIC HEARING: DETERMINATION OF EXISTENCE OF A PUBLIC NUISANCE 9717 Woolley Street (Case No. 83 -90) Director Shaw said this case involves an inoperative vehicle in the front driveway area which has not been moved for some time., has an expired registration and little or no work done on it. The problem _ was brought to the attention of staff by a neighbor in March. He concluded his report by showing a video tape of the property and the vehicle. The Public Hearing was declared open. No one came forward to speak and the Public Hearing was closed. Commissioner Froehle asked how long an inoperative vehicle was per- mitted to" remain on the driveway, and was told the Code limits the time to seven days. The reason it has taken so long to, bring this case before the Commission was that the owner did not respond to the staff's letters. A few days ago staff did contact him and he said he had received the letters but the situation did not change. Commissioner Stacy moved to declare the property at 9717 Woolley Street a public nuisance and recommend the case to the City Council for abate- ment. Motion was seconded by Commissioner_ Coolman and carried unani- mously. PLANNING COMMISSION MINES MEETING OF JUNE 28, 1983 PAGE FIVE. 4,0. COMMUNICATIONS - There were none. 11. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK J. Harvey Brown, property owner of 5822 Sultana Avenue, referred to a survey circulated in the area by a private individual to establish a parking district to alleviate congestion in the area of his property. The intention of the survey was to determine who would be interested in a plan to abandon three properties north of the alley and create 36 new parking spaces. He was not in favor of the idea, but a parking problem does exist - the residents in that area do suffer from overflow parking. He suggested curb marking for restricted use, and also that patrons of the theatre could use adjacent parking lots across Rosemead when the theatre parking lot was filled. James Roth, tenant at 5822 Sultana, said the congestion from theatre parking is bad, and asked that curbs be painted red 3 to 5 ft. from the driveway. He asked that the City give thought to alleviating the situation. Chairman Abraham replied that the City had made a survey of theatre parking required by other cities, and then planned for parking for the Edwards Theatre with criteria of other cities. Five days a wee week, 22 hours a day the lot is empty except for weekends, and is full probably three nights a week. Red curbing prohibits parking 24 hours a day, seven days a week. The City does not have sufficient police force for selective enforcement on certain hours and days. This matter should be referred to the Parking Commission for study. It was never the intention of the City, in approving the theatre plans, to put a burden on the residents. Commissioner Breazeal asked if the compact stalls are being utilized, and Director Shaw said the compact cars are parked in full -size spaces as well as compact ones, although a full -size car cannot fit in a compact parking space. Mr. Mike Eisner, representing the Chamber of Commerce, spoke of the "Gold Miner Days" to be held in the City by participating merchants on July 10- August 6th. 12. MATTERS FROM CITY OFFICIALS 410 (a) Set Public Hearing to Determine the Existence of a Public Nuisance for July 12, 1983: (1) 5011 Halifax (Case No. 83 -93) (2) 5019 Halifax (Case No. 83 -94) (3) 5025 Halifax (Case No. 83 -95) (4) 5111 Halifax (Case No. 83 -97) Director Shaw said the above properties are new residences which have not installed landscaping and have dirt areas in the front. First contact made with the property owners to correct the situation was made in March of this year. .Other property owners in the area who had a similar problem, responded to the City's contact and are making necessary corrections to their property. Commissioner Breazeal moved to set Public Hearing on the subject properties for July 12, 1983, and to adopt by title only the resolutions to that effect. Motion was seconded by Commissioner Froehle and carried. City Attorney Martin read title to Resolutions 83- 1068PC, 1069PC, 1070PC and 1071PC, RESOLUTIONS OF THE CITY OF TEMPLE CITY DECLARING ITS INTENT TO HOLD PUBLIC HEARING TO DETERMINE THE EXISTENCE OF A PUBLIC NUISANCE. PLANNING COMMISSION MIND S. MEETING OF JUNE 28, 1983 PAGE SIX (b) Report on Minor Zoning Modification Committee Action of June 28, 1983 10316 La Rosa Drive Director Shaw gave a report, saying applicant requested. approval to reduce the front yard setback from 20 ft. to 19 ft. 6 in. in order to install special treatment to the front entrance. The Committee approved the request. The minutes are set forth in full in the records of the Committee. (c) Planning Commission Consideration: Development Standards for the C -1 and C -1 -R Zones Chairman Abraham suggested the Commissioners adjourn to the North Meeting Room for a discussion and input on the subject item. Com- missioner Breazeal so moved, seconded by Commissioner Stacy and the motion carried. The Commissioners in study session reviewed the subject topic and set a study session for July 26th, 1983, to explore it further. 111 Chairman Abraham reconvened the Planning Commission meeting. 13. ADJOURNMENT There being no further business, the meeting adjourned at 10 p.m. ATTEST: