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HomeMy Public PortalAboutMinutes - 1986/02/11 - Regular" " PLANNING COMMISSION MINUTES Meeting of February 11, 1986 Corrected at PC Meeting 2/25/8E INITIATION 1. CALL TO ORDER Chairman Stacy called the.meeting to order at 7:35 p.m., February 1986. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Chairman Stacy led the Pledge.of Allegiance to the flag. 3. ROLL CALL Present: Commissioners Abraham, Breazeal, Coolman, Muto and Stacy. Also present: City Attorney Martin', City Manager Koski, Planning Director Shaw, and Associate Planner Saldana Commissioner Muto entered the meeting at 7:40 with an excused tardy. 4. INTRODUCTION OF NEW ASSOCIATE PLANNER - DAVID SALDANA 5. APPROVAL OF MINUTES: January 28, 1986 Commissioner Coolman requested that the minutes reflect the fact that the videotape showed actual dumping on the site at 4834 Arden, Owner - Robert Strauss, Property Nuisance Case 86 -139. Also, the fact that the owner was given 10 days to abate, instead of the usual 30 was due to the situation being prolonged. Commissioner Stacy requested that the third paragraph of No. 5 regarding "whether we could proceed with a violation of operating an illegal business ", be changed to for. With no further comments or changes, the minutes were approved 4106. as corrected with Commissioner Abraham abstaining. OLD BUSINESS - None 7. NEW BUSINESS PUBLIC HEARING - CONDITIONAL USE PERMIT 86 -779 Site: 9570 Las Tunas Drive Temple City, CA 91780 Owner: Gabriel Zocolli 4578 Las Tunas" Drive Temple City, CA 91780 Applicant: Gaylon Nixon - Domino's Pizza 177 Lexington Ave . , #F El Cajon, CA 92020 " PLANNING COMMISSION MINUTES Page 2 February 11, 1986 7 PUBLIC HEARING - CONDITIONAL USE PERMIT 86 -779 (Continued) Planning Director Shaw presented the Staff Report, stating that the proposed Domino's Pizza take -out has the Nosotros restaurant directly to the east of the building. The buildings are connected visually by a common facade. Applicant is proposing to operate a take -out pizza facility, with 3 -4 employees on shift, with hour of 4:30 p.m. until 2:00 a.m. There are four parking spaces at the rear of the building, and two parking lots to the rear of the building. C Although the parcel is exempt from providing additional parking because it is located within a City parking district, the project does require a Conditional Use Permit. Therefore, the Staff has concentrated on reviewing the parking issue. Parking requirements were reviewed utilizing two methods - the "credit" approach, and the "survey" approach. Using the credit approach, the facility has a shortage of parking spaces. Using the survey approach, the restaurant would end up with 1 excess parking space. However, the survey approach fails to take into account that Nosotros Restaurant, located directly to the east, will continue to grow in clientele and use more parking spaces. After consideration of both methods, it would appear that there is not adequate parking available for the use, and that this will create an adverse effect on surrounding properties and public welfare, and therefore recommends denial. If the Commission determines that parking for the use is adequate, then it is recommended that the CUP be approved with conditions of approval. Commissioner Breazeal asked if there was a difference in parking requirements between a take -out operation vs. a seating facility. Planning Director Shaw said that no, there was no differentia- tion in the code between take -out or sit down. A videotape.. was shown at this point. Commissioner Coolman asked what the hours were for the Paradise Isle next to the Domino's facility. Planning Director Shaw stated that they were open :until 2:00 a.m. Public Hearing was declared open. Gaylon Nixon, 177 Lexington Ave., #F,E1 Cajon, CA., Mr. Nixon said that he would answer any questions directed to him. He stated that approximately 95% of Domino's business is take -out, and only 5% walk in. Almost 90% of the Domino's chain is in strip commercial areas. Chairman Stacy asked Mr. Nixon whether or not they would need parking, Mr. Nixon said that they would need parking for 3 -4 employees, plus just a very few others for the occasional walk -in pizza customer. Mr. Nixon stated that he is not employed by Domino's directly, but rather is with the construction company contracted by Domino's. Commissioner Breazeal asked how many people would come to the actual store on a typical Friday or Saturday night? Mr. Nixon stated that approximately 25 -30 might come in to get pizza. It takes approximately 10 minutes to get the pizza if you come into the store. The actual baking time is 5 minutes. Chairman Stacy asked who selects the sites for Domino's, and Mr. Nixon replied that they have a site selector who works for the construction company. Commissioner Coolman asked if delivery vehicles were to be used? Mr. Nixon answered that yes, there would be 2 -3 drivers, one person on the phone, and one person making pizzas. " PLANNING COMMISSION MINUTES Page 3 February 11, 1986 Chairman Stacy asked if the employees will use their own automobiles for deliveries? Mr. Nixon answered yes, they do. There will be one Domino's vehicle per store, the balance will be employee's automobiles. Chairman Stacy asked where these delivery vehicles were to be parked. Mr. Nixon said that the trucks that bring the actual food products to Domino's to be made into pizzas would be parking in the alleyway off of Temple City Blvd. The small delivery vehicles would be parked in back of the store in two of the four parking spaces. Nosotros would be using two of the parking spaces, and Domino's would use the other two. Commissioner Coolman stated that on a Friday or Saturday, the larger lot is about 1/2 full from Nosotros' business. Chairman Stacy asked if anyone else in favor would like to speak. Dominic Zocolli, 529 Naomi, Arcadia - Stated that Domino's can use two of the four spaces behind the building for parking. This is a gentlemen's agreement. The furniture store has also verbally agreed that Domino's can use the furniture store parking lot after its closing hours. Chairman Stacy asked if any signs were to be placed on the two parking spaces reserving them for Domino's use. Mr. Zocolli said could be used for one business or the other, but had not been designated for either at the present time. Commissioner Breazeal asked about the agreement for the parking lot with the furniture store. Was it a signed agreement? Mr. Zocolli said no, it was verbal and would have to be agreed to in writing. Commissioner Breazeal asked if signs were to be posted that the parking was for Domino's only, and violators were to be towed away? Mr. Zocollo said yes, that was the plan. City Manager Koski mentioned that this is a City lot, and cannot be sub- leased, or that signage saying "Domino's Parking" cannot be placed there. Chairman Stacy said that there could be no agreement because the owner was the City, and the City would not sub - lease. The City could also decide at any time to change the status or use of the lot. Mr. Gabriel, owner of Gabriel's Mens Store - Mr. Gabriel spoke in favor of Dominos because it would bring other business. into Temple City, and these people would frequent the other stores along Las Tunas. Mike Liebman, 9701 Wilshire Blvd. - Mr. Liebman represents the real estate company that handles Domino's stores. He, stated that the parking should present no problem, as the employees who do not drive the delivery vehicles can park away from the store. Commissioner Abraham asked how many square miles Domino's would serve. Mr. Liebman answered that it would serve 1 -2 sq. mi. There is no competition. Chairman Stacy asked Mr. Nixon if the Conditions of Approval had been reviewed and were acceptable. One additional item would be added to the Conditions of approval, and that would be that a trash container should be provided. Mr. Nixon was in agreement. PLANNING COMMISSION MINUTES Page 4 4110 February 11, 1986 • • • Commissioner Abraham asked how much sales tax Domino's would generate. Mr. Liebman said approximately the tax from $9,000 a week gross income. Mr. Liebman stated that the pizza store is classified as a bakery, not a restaurant. Mr. Nixon stated that at some time in the future Domino's might apply for additional hours. Chairman Stacy stated that use of the parking lot during the noon hour might create a traffic problem. Mr. Nixon stated that the Conditions of Approval seemed to be in agreement with Domino's requirements. Chairman Stacy called for anyone else to speak. No one came forward. Commissioner Breazeal made a motion to close public hearing, and Commissioner Coolman seconded the motion. Commissioner Abraham asked if the C -1 -R zone was compatible to the pizza business, but the sales tax would offset the absence of any walk -in trade. He was in favor of the permit. Commissioner Coolman would like to have better lighting in the back where the parking is located. She feels that the parking is not located that far from the pizza store. She would like to see the pizza store open at earlier hours during special times such as the Camellia Parade, the Harvest Festival, etc. She was in favor of the permit. Commissioner Muto was very pleased with the conditions including limiting the hours from 4:30 p.m. - 2:00 a.m. This will reduce the parking problems. Commissioner Breazeal would like to have a study session on parking requirements for take -out businesses. He stated that a trash facility was needed on this site. Chairman Stacy stated that the trash and the two parking places are minor problems. Motion was made by Commissioner Muto to approve the Conditional Use Permit with the addition of one condition to provide a trash facility acceptable to the Planning Director on-the site.' The motion was seconded by Commissioner Coolman. City Attorney Martin read title to Resolution No. 86- 1231PC approving the subject resolution declaring that the Conditional Use permit 86 -779 be adopted with the addition that a trash facility acceptable to the Planning Director be placed on the site -. This- action may be appealed within 10 days to the City Council. 8. PUBLIC HEARING.- MODIFICATION.-TO CONDITIONAL USE PERMIT 77 -513 Applicant /Owner: Joe Marks Hub Signs, Inc. Site: • 9465 1Las Tunas -Drive Temple City, CA 91780 Action: Continued to a date to be determined. Signs & locations . being reworked. PLANNING COMMISSION MINUTES Page 5 4111 February 11, 1986 • 8. PUBLIC HEARING - ZONING VARIANCE 86 -780 Applicant /Owner: John Hewko Site: 5117 Rosevale Drive Temple City, CA 91780 Planning Director Shaw presented the Staff Report. Applicant wishes a variance to allow a reduced rear yard setback and decreased distance between the main building and accessory structure. Mr. Hewko wishes to reconstruct a carport that sets between the house and the existing garage, and is joined to the house, but only abuts the garage. The distance by code between a house and an accessory structure must be 10 feet, unless the facing walls are of one -hour fire resistant construction, in which case it may be reduced to 5 feet. Staff raised the inequities of the wording in the present code, and recommended that the zone variance be approved, given the present code and the way it was written, and the unusual shape of the property. The property itself is pie- shaped, and this area is of little or no value to the rest of the property. Staff feels that as long as the structure complies with building codes, The request should be approved. Commissioner Breazeal asked whether this was a carport or a patio. Planning Director Shaw replied that it was originally a covered patio, but that the owner had been parking his VW Van under this area. Commissioner Coolman asked if this structure would encroach onto the driveway area. Planning Director Shaw said that it did not. Mr. Hewko would like to put a saw onto this patio area, and would leave the VW Van parked on the driveway. A video tape was shown at this point. Public Hearing was declared open. John Hewko - 5117 Rosevale Drive, Temple City - Stated that he used the covered patio area, which has been there 18 years, to park his VW Van because it is too tall to fit into the garage. He stated that if it is necessary to take out the bedroom window that is on the wall next to the covered patio area, it would not be inconvenient because there are two other windows in the bedroom for ventilation. Commissioner Breazeal asked how Mr. Hewko had applied for a Zoning Variance. He replied that the property-was being inspected for public nuisance and the inspector noted the illegal carport. Commissioner Muto asked if this was how the carport always looked. Mr. Hewko replied that it was covered, but he was in the process of taking it down so it can be rebuilt to code. Commissioner Abraham asked if the garage was used for parking, and Mr. Hewko said, yes, the other vehicles were parked in there. Public Hearing was closed. Commissioner Coolman stated that she would like a firewall on the window side. Commissioner Muto agreed with Commissioner Coolman. PLANNING COMMISSION MINUTES Page 6 4111 February 11, 1986 C • • Commissioner Breazeal said he would vote against the carport. He said the tool shed was all right, that there was no encroachment. Regarding the carport addition, if the covered area was to be used safely as a patio cover and not a carport, he could support the variance request. Commissioner Abraham agreed with Commissioner Breazeal. He favors the approval of variance for patio cover. Commissioner Breazeal motioned that application for Zone Variance 86 -780 be approved with modification to specify that the covered area between the house and garage be used as a.patio cover, not a carport. Commissioner Abraham seconded the motion, and it was carried unanimously. City Attorney Martin read title to Resolution No. 86- 1232PC providing that Zone Variance 86 -780 be approved with the modification that the covered area be used as a covered patio, and not as a carport, and that the tool shed be allowed to remain as long as it complies with the building code. 9. GOALS AND OBJECTIVES Planning Director Shaw presented a brief overview of the CDBG Program, and indicated that input is desired as to how' to allocate the funding that Temple City will receive. The memorandum included in the packets reviewed how the funds have been used ,in the past. Commissioner Breazeal asked if facade improvement could be applicable to some businesses that were owner - occupied? Planning Director Shaw responded that possible funding for the downtown area would be an area that would have to be investigated. The properties which qualify for these funds (blighted, or in need of the use of such funds), must meet stringent Federal requirements. The allocation for this coming year is down approximately 33% from 1985 -1986. Commissioner Coolman mentioned that it would be a great asset to the Redevelopment Area if some of the funds were spent on community service centers such as parks or recrea- tion areas. The people who live in this area are quite a distance from any type of park or recreation area. Chairman Stacy asked about "blight" and its definition, and Planning Director Shaw responded that the Federal guidelines specifically define the requirements for qualification of funds in a blighted area. Commissioner Stacy indicated that he felt that it was appropriate to use the funds in the Rosemead Blvd. Redevelopment Project Area to stimulate develop- ment of that area, and recommended approval of the goals and objectives and programs ass suggested by staff. The remainder of the Commission concurred. 10. COMMUNICATIONS - None • 11. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - None PLANNING COMMISSION MINUTES • February 11., 1986 • • 12. MATTERS FROM PUBLIC OFFICIALS Page 7 (a) Minor Zoning Modification Committee - Report by Planning Director Shaw MZM 86 -170 Site: Action: MZM 86 -174 Site: Action: MZM 86 -175 Site: Action: - Drafting Unlimited 9537 Gidley Temple City Continued to a future date. - Huseini Vasi 10566 E. Olive St., Temple City Area to north of dwelling on Olive was determined to be the front yard. - James Deurmeier 9220 Sparklett Street, Temple City Area to north of dwelling on Sparklett was determined to be the front yard. (b) Code Enforcement Program for January Commissioner Breazeal asked if we had done anything regarding 'weeds creating fire hazards yet. Planning Director Shaw said that the season was coming, but right now there was no need. (c) Approval of Sign in the C -1 -R Area: Applicant: Awards by Champion Site: 9610 Las Tunas Drive, Temple City Action: Denied - Maximum allowed signage for this location is 36 sq. ft., and the sign is 52 sq. ft. Staff recommended that sign be re -done to conform to code. 13. ADJOURNMENT TO STUDY SESSION (a) Trailer parking on tierred lots. Monica Pappi came before the Commission to state that the Pappi family will remove their trailer from the parking slab on the easement driveway, and will place it in a rental lot. The Commission accepted this decision, giving the Pappi's 60 days in which to locate a storage facility and move the trailer from its present location Commissioner Breazeal moved that the meeting be adjourned, Chairman Stacy seconded the motion, and the meeting was adjourned at 9:30 p.m.