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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. �4� 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