HomeMy Public PortalAboutMinutes - 1983/11/08 - RegularPLANNING COMMISSION MINUTES
November 8, 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., November 8, 1983, by Acting
Chairman Abraham.
2. Commissioner Abraham led the Pledge of Allegiance to the Flag.
3. ROLL CALL
Present: Commissioners Abraham, Coolman, Stacy
Absent: Commissioners Froehle, Breazeal
Also present: City Manager Koski, City Attorney Martin, Planning
Director Shaw and Senior Planner Peterson.
Commissioner Stacy moved to excuse the absence of Commissioners
Breazeal and Froehle for cause. Motion was seconded by Commissioner
Coolman and carried unanimously.
4. APPROVAL OF MINUTES - Meeting of October 25, 1983
There being no additions or corrections to the minutes, they were
approved as written by unanimous vote.
5. PUBLIC HEARING: ZONE VARIANCE CASE 83 -696
Stanley K. Knapp - Applicant
5062 Sultana Avenue, Temple City
Site: 5634 Baldwin Avenue
Director Shaw said applicant requests a zone variance to reduce required
side yard setback of a main building from 5 ft. to 2 ft. and to reduce
required rear yard setback from 15 ft. to 13 ft. 4 in. in order to allow
an existing garage to be connected to an existing house by the construc-
tion of a new family room. By so doing, the house and garage become a
single building and, as the garage has no conforming setbacks, the entire
building would also have substandard setbacks. He continued that there
are no structures within 25 ft. + of the opposite side of the property line
wall so more than adequate building separation will exist. Staff survey
found there are two other houses in the same block with similar attachment.
If the request is granted staff is proposing the impositionyof certain
conditions, one of which is that the construction of the entire garage shall
be upgraded to provide one -hour fire rating throughout. He concluded his
presentation by showing a video tape of the property.
Commissioner Stacy asked about the requirement to upgrade the entire garage
to provide a one -hour fire rating thoughout when there are no structures
to the east or west of the garage that could be damaged by fire, and Mr.
Shaw replied that there are none at the present time, but the possibility
of a structure being built on adjacent property in the future exists. Fur-
thermore, since the garage is attached to the main structure this require-
ment provides an extra measure of safety.
The Public Hearing was declared open. No one came forward to speak and the
Public Hearing was closed.
The Commissioners were in agreement that the request met the requirements
for granting a zone variance under Section 9200 of the Zoning Code, and
Commissioner Stacy moved to grant the zone variance with staff conditions,
and to adopt by title only the resolution granting same. Motion was
seconded by Commissioner Coolman and carried unanimously.
*City Attorney Martin read title to Resolution No. 83- 1089PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A ZONE
VARIANCE IN CASE NO. 83 -696.
PLANNING COMMISSION MINUTES
MEETING OF NOVEMBER 8, 1983 PAGE TWO
6. PUBLIC HEARING: ZONE VARIANCE CASE 83 -697
Gerald T. McTighe - Applicant /resident
11/ Site: 9582 Bisby Street
The Planning Director said applicant is requesting a zone variance to
allow a driveway to be wider than the garage or parking area to which
it leads to allow additional parking on the site. Presently the applicant
has a one -stall garage and a nine -foot wide driveway leading to the garage.
The applicant is requesting a variance to widen the driveway from 9 ft. to
17 ft. to allow for additional parking on the driveway. Section 9296(13)b.
of the Zoning Code provides that "no driveway shall be wider than the
parking area or structure it serves ". On the subject property the maximum
width permitted would then be 13 ft. The applicant has three motor
vehicles and the 9 ft. wide driveway is inadequate for parking his vehicles.
Staff surveyed the neighborhood and found that the majority of lots on
Bisby have two -car garages mostly located in the rear yard, the lot across
the street from the subject property has a one -car garage with a wide
driveway (approximately 20 ft. in width), and another nearby lot has no
garage but a driveway going to the rear yard area. Mr. Shaw continued
with the staff findings and the conditions of approval if the request is
granted. He concluded the presentation with a video tape of the property.
Commissioner Stacy asked if the garage is available for use for the stor-
age of vehicles, and was told it is. Mr. Shaw also added that one of the
proposed conditions is that the driveway shall be used for parking of
operational vehicles and storage of vehicles or other items shall not be
permitted, that the garage shall always be maintained so that its primary
use is for parking vehicles.
The Public Hearing was declared open. No one came forward to speak and the
Public Hearing was closed.
Commissioner Stacy said that, while he was not in favor of the driveway
wider than the garage, the applicant has a problem which he cannot correct.
Under such circumstances, and with other people in the neighborhood enjoy -
ing a privilege he cannot enjoy, he recommends approval of the request.
Commissioner Ccolman agreed.
Commissioner Abraham disagreed, saying the City has a code and it is the
Commission's responsibility to uphold. At the time the subject property
was built a one -car garage was the building criteria for single- family
residences, and perhaps the Commission should consider this fact in the
Code
• City Manager Koski said that granting the variance would set a precedent.
The Code Enforcement staff has an enforcement problem with people parking
only partially on a driveway. To allow this would be authorizing a park-
ing lot in the front yard. The solution in this instance would be an over-
night parking permit. Granting this request will present a problem to the
Parking Commission. Commissioner Abraham said a newer home would have a
two -car garage, and that widening the driveway, he felt, was not incon-
sistent, and the Code should have provisions for such cases.
Commissioner Stacy moved to grant a zone variance in Case No. 83 -697 on
the basis that the applicant meets the burden of proof in that he is being
denied a privilege others are enjoying, and with conditions proposed by staff, and to
adopt by title only the Resolution granting same. Notion was seconded by Commissioner
Coo an carried unanimous y.
City Attorney Martin read title to Resolution No. 83- 1090PC, A RESOLUTION
OF THE' PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A• VARIANCE
IN CASE NO. 83 -697.
1
7. PUBLIC HEARING: PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE GENERAL PLAN WITHIN AN AREA A LOCATE
NORTHERLY OF LOWER AZUSA ROAD kit;.l. %'vEU TEMPLE
P LE
CITY BOULEVARD AND EL MONTE AVENUE ITH AN
APPROXIMATE DEPTH OF 300 FT. FROM 1.OW-i;F. A%'USt'
ROAD.
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PLANNING COMMISSION MINUTES
MEETING OF NOVEMBER 8, 1983 PAGE THREE
Director Shaw said the Lower Azusa Road General Plan Amendment originated with
an application for such an amendment in the 10100 block of Lower Azusa Road
Ilkn July, 1979, and, after several modifications and study sessions, has
xpanded to include the majority of the property on the north side of Lower
Azusa Road between Temple City Boulevard and El Monte Avenue. During the
Planning Commission study session in September, 1982, the Commission
developed several proposals for the area. The Commission also directed
staff to prepare a draft Environmental Impact Report focused upon the
,existing conditions and circumstances as well as possible major effects
of proposed changes to the General Plan. This document was sent to the
Commissioners for their review and comments.
Mr. Shaw continued that the principal objective of this General Plan Amend -
ment is to eliminate conflicts and inconsistencies between the General
Plan and existing zoning and land use within the Amendment area. He then
reviewed the proposals for adoption, showing what exists presently on the
General Plan, what the current zoning is, and what is being proposed for
the General Plan in the various areas affected. At a future time, if
the proposals are approved, some properties will be proposed for a zone
change, but that tonight's meeting was only for changing the General Plan.
The Public Hearing was declared open.
j r. John Brown, 9913 Lower Azusa, asked what zoning was being proposed for
his property which is presently R -4. He was told that, as a result of
tonight s action, no zone change is proposed, but the General Plan is
proposed to reflect R -3 density for that property. Mr. Brown said he
would oppose such a zone change. His property was originally A -1 when
he purchased it years ago, prior to City incorporation, and he fought the
R -4 zoning. He was forced to accept it. Now he would prefer that zoning
as it makes his property more valuable than R -3 zoning. It was pointed
out that one of the proposals is to increase the permitted density for
areas located adjacent to primary roads under certain conditions, to 12
to 15 units per acre.
Mrs. Gilbert Lisko, 4901 Arden, asked how many properties in her area
would it take to make an acre, and was told about three.
Mrs. Roxanne Brown, 4823 Camellia, asked how the proposed changes would
affect her property. She was told it is presently designated for medium
density on the General Plan, and it is proposed to change this designation
to low density residential so as to be consistent with its R -1 zoning and
single family land use.
•Mrs. Carl Klaproad, 4825 Arden, said her lot was 72 x 224. If the pro-
posed amendments are adopted how many units would be permitted on her lot.
It was pointed out that there are presently four units on the property,
and, given the medium density designation of 12 units per acre, four units
would be the maximum permitted. Presently her lot is nonconforming, hav-
ing existed prior to City incorporation.• The proposed changes would make
her property in compliance with the General Plan.
Lucinda Grant, 5434 El Monte Avenue, asked how many extra vehicles would
result from the proposed changes. Commissioner Abraham said most of the
changes will reflect what is already in existence. Planning Director Shaw
said some areas will be designated higher density than now, and others
will be designated with lower density, so the number should remain the same.
Ms. Grant was concerned about El Monte Avenue which she said is already
heavily traveled.
Herbert Marold, 4820 Glickman, said his property is presently zoned C -2,
and was told it would remain C -2.
There was no one else to speak to the issue and the public hearing was
•closed.
Commissioner Stacy said the Environmental Impact Report should reflect the
present number of units in the subject area and the potential number of
units, and was told the Report shows there are 210 dwelling units, but that
staff will compute the potential number of units with the proposed changes.
Commissioner Stacy then moved to certify the Environmental Impact Report
with comments from tonight's meeting to be included, that it has been
.PLANNING COMMISSION MEETING
''NOVEMBER 8, 1983 PAGE FOUR
completed in compliance with the California Environmental Quality Act,
in accordance with State and County guidelines, and that the Commission
reviewed and considered information contained in the Report and determines
S that the proposed project will not have a significant negative effect on
the environment. Motion was seconded by Commissioner Coolman and passed
unanimously.
In consideration of the proposed General Plan amendment, Commissioner
Coolman asked how many times the General Plan could be changed, and was
told three times a year. She was concerned about re- designating the
area on Lower Azusa from Ryland to Birchland as residential;. she would
prefer it be designated commercial, or medium density. With residential
it will be like Rosemead Boulevard with mostly commercial and then two
blocks residential. Commissioner Abraham pointed out that Birchland is
only a 50 ft. wide street, and Ryland 60 ft. wide, and they are not con-
ducive to heavy, fast traffic. The size of the lots are small, and the
way they are developed it would be inconsistent, to redesignate them to
anything other than low density. Further, for a developer to combine
three or more lots to make a higher - density development would be economic-
ally unprofitable. City Manager Koski further stated that, if a developer
did want to build to higher density than permitted by the General Plan
and zoning, he could request a change to the General Plan and a zone
change.
11/ Comillissioner Stacy moved to approve the proposed amendment to the General
Plan as outlined by staff and discussed this evening, and to recommend
it to the City Council for adoption. Motion was seconded by Commissioner
Coolman and carried unanimously.
City Attorney Martin read title to Resolution No. 83- 1091PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY ADOPTING AN AMEND-
MENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN WITHIN AN AREA LOCATED
NORTHERLY OF LOWER AZUSA ROAD BETWEEN TEMPLE CITY BOULEVARD AND EL MONTE
AVENUE, AND RECOMMENDING IT TO THE CITY COUNCIL FOR ADOPTION. Motion
to waive further reading and adopt was made by Commissioner Stacy, seconded
by Commissioner Coolman and carried unanimously.
8. PUBLIC HEARING: DETERMINATION OF EXISTENCE OF AsPUBLIC NUISANCE
6324 Encinita Avenue
B. J. Craven - Owner /resident
Director Shaw gave the staff report saying that the subject property has
dead weeds, trees and debris, inoperative vehicles and the property is
maintained in such a condition of deterioration as to cause depreciable
dimunition of property values of surrounding properties. The owner has
•spoken with staff to request additional time to correct the problems.
Staff has already granted two such extensions without compliance. He
concluded his report by showing a video tape of the property.
The public hearing was declared open. .
Mrs. B. J. Craven, 6324 Encinita Avenue, said she received the first letter
from the City regarding her property when it was so hot she could not work
outside, and furthermore, she was not well. She has,had two trees fall on
the property and has had them cut-up at considerable expense. She is work-
ing to clean up the property but would like more time.
Mrs. Valerie Simola, 6329 Encinita, whose property is across the street
from the subject property, complained about the conditions on that property.
She has lived at the current address for three years and the conditions
have not improved during that time. The Fire Department has been there
several times. The situation on the property is a fire and health hazard.
Neighbors who have lived in the area for sixteen years said the property
has been in this condition all the time they have lived there.
IIPLucinda Grant, 5434 El Monte Avenue, said she has a license as a Community
Developer and said she has resources to assist people like ITrs. Craven,
such as volunteer help. She asked how long the Commission would grant to
clean up the property and was told 30 days.
PLANNING COMMISSION MEETING
NOVEMBER 8, 1983 PAGE FIVE
Mrs. B. J. Craven, said she would like to try and resolve the problem
by herself. Commissioner Abraham suggested she contact Mrs. Grant as
Sthe project of cleaning the property is too much for Mrs. Craven alone.
Mr. Ralph Jacoy, 6333 Oak Avenue, whose property abuts Mrs. Craven's
on the rear, spoke of the overgrown conditions of Mrs. Craven's rear
yard, of two dilapidated structures in the rear, overgrown trees, old
furniture, trash and boxes stored near the house. He, too, offered to
help her if she wanted it.
There being no one else to speak to the issue the public hearing was closed.
Commissioner Coolman said the Commission had no choice but to declare the
premises a public nuisance. Commissioner Stacy moved to make the declara-
tion, with 30 days to correct it, and to adopt by title only the resolu-
tion to this effect. Motion was seconded by Commissioner Coolman and
carried unanimously.
City Attorney Martin read title to Resolution No. 83- 1092PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DETERMINING THE
EXISTENCE OF A PUBLIC NUISANCE AND RECOMMENDING ABATEMENT AT 6324
ENCINITA AVENUE.
11/10. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - No one came forward.
11. MATTERS FROM CITY OFFICIALS
(a) Environmental Quality and Code Enforcement
Program Report - October 3 -31, 1983
The Commissioners received, reviewed and filed the report.
(b) Set Public Hearing for Public Nuisance Case 83 -105
Michael O'Rourke, 4952 El Monte Avenue, Temple, City
Director Shaw explained the conditions which exist on the property which
prompted its being brought before the Commission. These include lack of
maintenance of an ivy and grass area along Grand Avenue and along a
dedicated alley comprising the north and east yards of the subject property.
He said there is a public works improvement program underway which will
reconstruct the alley and eliminate the problem at the east yard as a re-
sult. The property owner approved this project and signed a petition re-
questing the program to move ahead. Another Public Works project would
install curbs and gutters along Grand Avenue and if approved, the ivy and
0 grass would be removed along Grand Avenue and replaced with curb and
gutter. Presently the property owner has not approved the project for
his property. He then referred to methods of abatement, and concluded
his presentation by showing a video tape of the property.
Commissioner Stacy moved to set public hearing on the property for November
22, 1983, and adopt by title only the resolution to this effect. Motion was
seconded by Commissioner Coolman and carried unanimously.
City Attorney Martin read title to Resolution No. 83- 1093PC, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY DECLARING ITS INTENT
TO CONDUCT PUBLIC HEARING TO DETERMINE THE EXISTENCE OF A. PUBLIC NUISANCE
AT 4952 EL MONTE AVENUE.
12. ADJOURNMENT - There being no further business, the meeting of the
Planning Commission adjourned at 9:45 p.m.
0 ATTEST: Chairman