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HomeMy Public PortalAboutMinutes - 1986/09/23 - Regular" PLANNING COMMISSION MINUTES September 23, 1986 INITIATION 1. CALL TO ORDER The regular meeting of the Planning Commission of the City of Temple City was called to order by Chairman Coolman at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE City Manager Koski led the Pledge of Allegiance to the Flag. 3. ROLL CALL Present were Commissioners Breazeal, Muto, Seibert and Coolman. Also present were City Manager Koski, City Attorney Martin and Planning Director Shaw. Commissioner Abraham's absence was excused for cause. 4. APPROVAL OF MINUTES - Meeting of September 9, 1986 There being no additions or corrections to the minutes they were approved as written. CONTINUED BUSINESS 5. PUBLIC HEARING: CONDITIONAL USE PERMIT 70 -317 Applicant/ Owner: David Ahlzadeh Site: 5541 Rosemead Boulevard Planning Director Shaw, in giving the staff report, said applicant is requesting a modification of a conditional use permit to allow the expansion and remodeling of a fast food drive_thru- restaurant in the C -3 Zone. Other changes affect exterior building elevations, drive -thru facilities and off - street parking. Proposed is an enlarge- ment of the total floor area of the restaurant creating more dining area. Also, the exterior of the building would be modified to provide a "greenhouse" effect. The drive -thru lane would be placed closer to the building and existing parking spaces would be relocated. All drive -thru activity would take place at the rear of the. structure. Additionally, a total of 32 parking spaces would be included at a ratio of 1 space per 97.5 square feet of floor area which exceeds the requirements of the Zoning Code (1 space per 100 square feet of floor 1111 area). The proposed circulation pattern for the drive -thru will not interfere with surrounding parking areas which is an improvement over the present circulation pattern. It is indicated on the site plan that the existing pole sign will be lowered. Staff is recommending approval of the request with staff conditions and an added condition that a 6" curb and landscaping be required along the west side of the drive -thru area to prevent parked cars from overhan ?ing into the drive -thru lane. He concluded his presentation with a video tape of the subject site. The public ..hearing was declared open. Mr. David Ahlzadeh, applicant, said he had nothing to add to the staff's presentation. Answering questions from Commissioner Breazeal, he said he had read the conditions, and was aware of the additional condition, and had no objections to them. There being no one else to speak to the issue the public hearing was closed. Commissioner Muto said he was pleased with the project. Originally he had reservations about the size of the project because of the parking, but applicant is going to increase parking, and the proposed design is an improvement over the existing design. He was in favor of granting. The other Commissioners concurred. Commissioner Breazeal moved to approve the request as it meets the findings required by the Zoning Code for granting a modification of a conditional use permit, with staff conditions as amended including the additional one, and to adopt by title only the resolution granting same. Motion was seconded by Commissioner Siebert and carried unanimously. PLANNING COMMISSION MINUTES MEETING OF SE°TEMBER 23, 1986 -2- City Attorney Martin read title to Resolution No. 86- 1277PC, A RESOLU- TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A MODIFICATION OF CONDITIONAL USE PERMIT IN CASE NO. 70 -317. 6. PUBLIC HEARING: ZONE VARIANCE CASE NO.. 86 -809 Applicant/ Richard W. Mulhall Owner: 362 Harvard Drive Arcadia, Ca. 91006 Site: 5069 Sultana Avenue Director Shaw said this case was continued from September 9, 1986, because of inadequate notice to surrounding properties: Applicant is request- ing a reduction from required distance between buildings and from re- quired rear and side yard setbacks for a guest house in the R -2 Zone. There is no development proposed. The applicant is requesting that permission be granted to maintain an existing guest house. The main residence and detached garage were legally constructed in 1951. Also in 1951 a building permit was obtained for another garage. It appears that the original garage and a portion of the newer garage were converted into a dwelling unit. The applicant, within the past year, removed kitchen facilities at the request of the Planning De- partment and also placed a one -hour fire wall between the guest house and the existing garage. Mr. Shaw described the setbacks and distance between structures and continued by saying the structure has been used as a guest house since at least 1959 when a sewer permit was obtained for an additional sewer line. Since then no record of any complaints regarding this use have been received by the City. He concluded his presentation with a video tape of the site. The public hearing was declared open. Mr. Richard W. Mulhall, applicant, said he had owned the house for two years, that he did not build the garage or guest house. The guest house has been lived in since the 50's. The situation came to the attention of the City as a result of a request for a parking per- mit. He has read the conditions of approval recommended by staff and has no objection to them. The family who lives in the main dwelling will be using the guest house. Patricia Landrum, 5073 Sultana, said in the past there have been prob- lems with the occupants of the guest house because her house and the guest house are so close together. She can hear ordinary conversation taking place in that house. She has not had any difficulties in the last year- and -a -half. She was not aware the kitchen facilities had been removed. There was no one else to speak to the issue and the public hearing was closed. • Commissioner Breazeal said this is a typical carry -over from the County regulations with a 3 foot side yard setback, and reduced rear yard setback. The new owner has had the kitchen facilities removed. Be- cause it was built under 1951 standards this is an unusual circumstance. The City cannot deny him the rights enjoyed by other properties. He moved that the zone variance be granted as it meets the requirements for approval as outlined in the Zoning Code, with staff conditions, and to adopt by title only the resolution granting same. The other Com- missioners concurred, and Commissioner Seibert seconded the motion which passed unanimously. City Attorney Martin read title to Resolution No. 86- 1278PC , A RESOLU- TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A ZONE VARIANCE IN CASE NO. 86 -809. • PLANNING COMMISSION MINUTES September 23, 1986 INITIATION 1110 1. CALL TO ORDER The regular meeting of the Planning Commission of the City of Temple City was called to order by Chairman Coolman at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE City Manager Koski led the Pledge of Allegiance to the Flag. 3. ROLL CALL Present were Commissioners Breazeal, Muto, Seibert and Coolman. Also present were City Manager Koski, City Attorney Martin and Planning Director Shaw. Commissioner Abraham's absence was excused for cause. 4. APPROVAL OF MINUTES - Meeting of September 9, 1986 There being no additions or corrections to the minutes they were approved as written. CONTINUED BUSINESS 5. PUBLIC HEARING: CONDITIONAL USE PERMIT 70 -317 Applicant/ Owner: David Ahlzadeh Site: 5541 Rosemead Boulevard Planning Director Shaw, in giving the staff report, said applicant is requesting a modification of a conditional use permit to allow the expansion and remodeling of a fast food drive_thru- restaurant in the C -3 Zone. Other changes affect exterior building elevations, drive -thru facilities and off - street parking. Proposed is an enlarge- ment of the total floor area of the restaurant creating more dining area. Also, the exterior of the building would be modified to provide a "greenhouse" effect. The drive -thru lane would be placed closer to the building and existing parking spaces would be relocated. All drive -thru activity would take place at the rear of the. structure. Additionally, a total of 32 parking spaces would be included at a ratio of 1 space per 97.5 square feet of floor area which exceeds the requirements of the Zoning Code (1 space per 100 square feet of floor area). The proposed circulation pattern for the drive -thru will not interfere with suroLmding parking areas which is an improvement over the present circulation pattern. It is indicated on the site plan that the existing pole sign will be lowered. Staff is recommending approval of the request with staff conditions and an added condition that a 6" curb and landscaping be required along the west side of the drive -thru area to prevent parked cars from overhanging into the drive -thru lane. He concluded his presentation with a video tape of the subject site. The public hearing was declared open. Mr. David Ahlzadeh, applicant, said he had nothing to add to the staff's presentation. Answering questions from Commissioner Breazeal, he said he had read the conditions, and was aware of the additional condition, and had no objections to them. There being no one else to speak to the issue the public hearing was closed. Commissioner Muto said he was pleased with the project. Originally he had reservations about the size of the project because of the parking, hut applicant is going to increase parking, and the proposed design is an improvement over the existing design. He was in favor of granting. The other Commissioners concurred. Commissioner Breazeal moved to approve the request as it meets the findings required by the Zoning Code for granting a modification of a conditional use permit, with staff conditions as amended including the additional one, and to adopt by title only the resolution granting same. Motion was seconded by Commissioner Siebert and carried unanimously. PLANNING COMMISSION MINUTES MEETING OF SEPTEMBER 23, 1986 -2- City Attorney Martin read title to Resolution No. 86- 1277PC, A RESOLU- TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A • MODIFICATION OF CONDITIONAL USE PERMIT IN CASE NO. 70 -317. 6. PUBLIC HEARING: ZONE VARIANCE CASE NO. 86 -809 Applicant/ Owner: Richard W. Mulhall 362 Harvard Drive Arcadia, Ca. 91006 Site: 5069 Sultana Avenue Director Shaw said this case was continued from September 9, 1986, because offinadequatea= notice Co ° rsurr,ountd ng ',properties, Applicant- is request- ing a reduction from required distance between buildings and from re- quired rear and side yard setbacks for a guest house in the R -2 Zone. There is no development proposed. The applicant is requesting that permission be granted to maintain an existing guest house. The main residence and detached garage were legally constructed in 1951. Also in 1951 a building permit was obtained for another garage. It appears that the original garage and a portion of the newer garage were converted into a dwelling unit. The applicant, within the past year, removed kitchen facilities at the request of the Planning De- ll,partment and also placed a one -hour fire wall between the guest house and the existing garage. Mr. Shaw described the setbacks and distance between structures and continued by saying the structure has been used as a guest house since at least 1959 when a sewer permit was obtained for an additional sewer line. Since then no record of any complaints regarding this use have been received by the City. He concluded his presentation with a video tape of the site. The public hearing was declared open. Mr. Richard W. Mulhall, applicant, said ,he had owned the house for two years, that he did not build the garage or guest house. The guest house has been lived in since the 50's. The situation came to the attention of the City as a result of a request for a parking per- mit. He has read the conditions of approval recommended by staff and has no objection to them. The family who lives in the main dwelling will be using the guest house. Patricia Landrum, 5073 Sultana, said in the past there have been prob- lems with the occupants of the guest house because her house and the guest house are so close together. She can hear ordinary conversation taking place in that house. She has not had any difficulties in the •last year- and -a -half. She was not aware the kitchen facilities had been removed. There was no one else to speak to the issue and the public hearing was closed. Commissioner Breazeal said this is a typical carry -over from the County regulations with a 3 foot side yard setback, and reduced rear yard setback. The new owner has had the kitchen facilities removed. Be- cause it was built under 1 -951 standards this is an unusual circumstance. The City cannot deny him the rights enjoyed by other properties. He moved that the zone variance be granted as it meets the requirements for approval as outlined in the Zoning Code, with staff conditions, and to adopt by title only the resolution granting same. The other Com- missioners concurred, and Commissioner Seibert seconded the motion which passed unanimously. City Attorney Martin read title to Resolution No. 86- 1278PC , A RESOLU- TION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY GRANTING A ZONE VARIANCE IN CASE NO. 86 -809. • PLANNING COMMISSION MINUTES MEETING OF SEPTEMBER 23, 1986 NEW BUSINESS op7. PUBLIC HEARING: CONDITIONAL USE PERMIT NO. 86 -810 Owner: Grace Brethren Church 5537 Temple City Boulevard, Temple City -3- Applicant: Rancho Rio Hondo 5926 Rowland Avenue, Temple City Director Shaw, in giving the staff report, said the request is to allow after school day care services for approximately 45 -60 children. There is no development proposed. Applicant has been operating a child care center for approximately one year. The City was made aware of the child care center operating without a conditional use permit following a series of complaints. The services offered are after school day care, Monday through Friday from 1 p.m. to 6:00 p.m., and holiday /summer day care, Monday through Friday, from 7:45 a.m. to 6:00 p.m. There are six persons employed by the applicant who ad- minister and supervise child care activities. He demonstrated on an exhibit where the child care services and related activities are con- ducted and the parking provided. He stated that the City had received two letters in opposition and one in favor of the request. He con- cluded his presentation with a video tape of the site. The public hearing was declared open. Mr.Larry Harris, YMCA Director of Metropolitan Child Care Services, .Pasadena isa�i ;dt;thetThemple City YMCA group started with approximately 35 children in child care, and now have 60. Responding to questions from Commissioner Breazeal, he said he felt 60 is the capacity at that site, although there is a waiting list for this service. The capacity is determined by the outdoor and indoor space for activities. Approximately 50 -55 families are served. In answer to Commissioner Breazeal's question about what is being done in response to complaints about the facility, Mr. Harris said they have arranged for a higher profile with children outdoors, more supervision and orientation as to what is acceptable and what is not. While he is not stationed in Temple City, the local child care director informs him of any complaints. The last complaint he was aware of was late in last spring, and that complaint was a broken window. Commissioner Seibert asked the age of the children, and Mr. Harris said they are in the first to sixth grade, thereby the.ages would be six to 11 -12 years of age. Chairman Coolman asked if they had other day care centers, and was told they had, but was not aware that a conditional use permit 1111 was required because he did not know what arrangements had been made with the church. Other cities where they have day care centers do not require a conditional use permit for this use. Mr. Bruce Wataru, 8847 Youngdale, Arcadia, said this is a useful facility for parents, especially those who both work. He was repre- senting the Grace Brethren Church, and said the YMCA does not pay rent, there is only an agreement. The Sunday School building had been deteriorating as it had not been used often in the last few years. The YMCA has agreed to upgrade this facility. There is a three -year outline of repair work. The YMCA approached them with the request for facilities. He was not aware a conditional use permit was required for the use, and did not know if a fire inspection had been made. Mrs. Barbara Wetton, 951'7 Wedgewood, felt the problems with the neighbors could be worked out, as they have been in other areas. A service such as this one is needed. When the YMCA gets the required licensing all required inspections will take place. They did not know that a condi- tional use permit was required since the facility was located within a church. 1111 Mrs. Robinson, Arcadia, spoke of the need for this facility. She has a son in the school. She had heard only one complaint, and that about a broken window. Children will play and make noise. The YMCA stresses a Christian education and she was strongly in favor of the facility. Carmen Ramos, 9034 Broadway, said the facility promotes good Christian values. It provides a,service for Temple City children and their parents. She explained that the staff at the facility,have worked to reduce the noise impact. They have moved the snack area from under " 4111 Mr. Peter Hopkins, 9534 Bogue Street, says he is a musician and works nights and sleeps during the day. He has spoken to the children to quiet them down, and they do comply for a day or a little more. After a visit from Carmen Ramos to their home, when they expressed their annoyance to the noise, the sound level decreased. He was not against the child care facility, only the noise. PLANNING COMMISSION MINUTES MEETING OF SEPTEMBER 23, 1986 -4- a corrugated metal covered area to the indoors. The main complainant moved in after the facility was in operation and should have been aware of the ramifications of this use. She, as a staff member, spoke to some of the complainants in an effort to work with them. She has been at this facility approximately eight months. Ms. Zola Johnson, Child Care Director, Rancho Rio Hondo YMCA,said she received complaints from at least two neighbors, and she talked with them personally. She is working on improving relationship with the neighbors. She was aware of three broken windows and she apologized to the neighbors personally. She felt there was some mix-up why these people were not paid for their windows. One window was broken in March and she didn't know when the others were broken. IN OPPOSITION Chairman Coolman announced that letters in opposition had been received from property owners at 9503 Bogue and 5526 Temple City Boulevard. Ms. Julia Antonovich, 9534 Bogue Street, said she sleeps in the daytime. She has had two broken windows. There is a lot of shrieking from the facility and she calls almost every other day complaining of the noise. Her master bedroom is 15 ft. from the snack area. She has a good art collection and is concerned about leaving home. She is in favor of the YMCA, but feels there is inadequate supervision at this facility. The children have thrown rocks at their roof, some have hit her kitchen door. She has called the police and the City Hall many times. There is no break in the annoyance because there is Sunday school at that location also. There are times they watch the children playing with no supervision that they can see. There is a great deal of shouting when the bus comes to take them home, and parents picking up their children honk their horns a lot. She has lived there for ten months and the annoyances started from day one. Mr. Don Zimmer, 9552 Wedgewood, Temple City, knew there was a church at the subject location when he bought his home 22 years ago, but didn't know there would be a child care center. He has no objection to the children, but does object to the noise. He has had articles thrown over the wall that separates his property from the subject site, things such as rocks, balls and toys. The children climb the trees and jump over the wall. The balls have hit his windows. He does not want anyone coming into the yard. He has spoken with Ms. Johnson and has had good cooperation in correcting the annoyances. There are less items being thrown over the wall. He does not object to the child care facility, only the noise, cars and the children screaming. Mrs. Penny Sprinkel, 9546 Wedgewood, Temple City, has had two broken windows. She has submitted the bill three times and has never been reimbursed. The bill is dated February 18, 1986. No one from the child care facility notified them of the broken window. Between Febru- ary 18 and June 3 she made many calls, talked with Ms. Johnson regard- ing the noise. She gets trash thrown in her yard, as well as balls and toys. The bus, which parks directly behind her house, is very unsightly. It is not using the parking spaces provided. The children climb over her fence. She has never heard a counselor in the play yard trying to quiet the children. Parents honk the car horns to pick up the children. One reason the City has received no complaints from her is because she assumed the use was approved by the City. She is not against the child care facility per se. Mr. Ed Spurney, 9542 Wedgewood, whose house is directly behind the metal awning , said his yard is filled with white rocks. He has two children and there is quarreling between them and the children in the facility. He has a 6 ft. high block wall. He is objecting to only the noise from the child care center. PLANNING COMMISSION MINUTES MEETING OF SEPTEMBER 23, 1986 -5- 410 Chairman Coolman called a recess at 8:55 p.m. and reconvened the meeting at 9:05 p.m. Mr. Stanley Martin, 9551 Broadway, #8, represents the home owners of the complex to the south which is comprised of 44 units. The majority of the people are retired and have lived there for over twenty years. Because of the configuration of this complex, the noise level from this facility is very annoying. This problem is an acoustical one, and could be alleviated with acoustical material and landscaping. His unit is 15 ft. from the facility. His complex has an entertainment room and pool right next to the wall of the child care facility. The noise is a chronic annoyance, and things are thrown into the pool. This complex also has another school to the south of them. Mr. Axel Larson, resident of the Temple Townhouse, said the complex had oranges, banana peels and other things thrown on the property from the child care facility, and the children have been observed climbing the wall. He feels there should be more supervision of -the children. Mr. John Gallagher, 9558 Wedgewood, whose property abuts the church on the north side, said the child care facility is three feet from his property and driveway. He has three bedrooms on that side of the 0 house. He expressed concern about the increase in smog and traffic if the facility is approved for more children. He felt that a property owner is entitled to peace and quiet on his property. The ages of the children cared for here are at an active period of their lives. These children have been playing hardball and football, and while he has not yet had a broken window, if one of these balls hits his windows it will break them. He did not think the church has the facilities to pass the State requirements for 60 children. He had inspected the facilities at the child care center on Rowland and thought the facilities were adequate and wondered why the center wanted to move to the subject site. He concluded by suggesting that the children's play activities be confined between the church and the pastor's home. It was brought to the attention of the Commissioners that there were 34 property owners from the Temple Townhouse present who were against the proposed use, but had nothing new to add to testimony already given. In rebuttal, Mr. Larry Harris, Director of Child Care Facilities, YMCA, said when they signed an agreement with the church that they would fill a need in the community which he feels they are doing. They have always been cooperative in any situation regarding community property. There are few places in Temple City for a facility of this nature. The property on Rowland accoffiuiiodates only 24 children. This facility al- ready has awaiting list. He is willing to investigate what acoustical remedies can be incorporated to lessen the noise impact. There should be supervision of the children and if there is not he would like to know so the problem can be corrected. He will work to reduce the noise as much as possible. He encouraged the neighbors to work together with him in resolving problems. To displace 60 children would be a hardship and he asked that the State decide what they can do, and how many children can be accommodated. They have requested a license for 48 -60 children. The licensing procedure takes several months. State inspectors come out and make a preliminary inspection. The application was submitted in June. There being no one else to speak to the issue the public hearing was closed. Commissioner Breazeal said that three findings have to be made in order to grant a conditional use permit, the third of which is that the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare. He said this is a matter of compliance, training of staff, juveniles and parents. The parents have a responsibility too. Regarding occupancy, if applicant can't control 60 children maybe he should have only 45. He was in favor of granting a conditional use permit for six months. Property owners have a right to enjoy their property. PLANNING COMMISSION MINUTES MEETING OF SEPTEMBER 23, 1986 -6- •Commissioner Seibert agreed, adding that there appears to be no direct supervision on the playground, or the children wouldn't be doing what they are doing. Are the supervisors doing their job. He felt something should be done right away to correct the problems. The YMCA staff needs to get together with the City staff and with a sound engineer. He questioned why a State license wasn't applied for before establishing the facility at this site, and why they did not check with the City. This is a needed service for the community and it can work but it must work for the benefit of all. He would like something done immediately, and if they can't do something right away perhaps they don't belong there. Commissioner Muto concurred with the other Commissioners, adding that a program must be established to control the children, perhaps more counselors, restricted areas of play. Some improvement must be shown before he could approve the use even on a limited basis. He would like to see the item continued for 30 days and then approved for a 6 -month period so it can be reviewed again. The problems should be resolved to the Commission's satisfaction. Chairman Coolman concurred with what has been said. There are 48 people who object to the noise problem. All say the day care facility is not efficiently run. Six months is too long, and two weeks too short. She was in favor of a 30 -day continuance, to see if there has been some progress. • Commissioner Seibert added that the Director is responsible to get in touch with the City staff and get their recommendations. The horn honking is not necessary. Commissioner Breazeal said the rock throw- ing and ball throwing all can be eliminated. He moved to continue this case for thirty days - to the Planning Commission meeting of October 28, 1986. The motion was seconded by Commissioner Seibert and carried unanimously. 8. COMMUNICATIONS - There were none. 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK - There was no one. 10. MATTERS FROM CITY OFFICIALS (a) Report of Minor Zoning Modification Committee Meeting of September 23, 1986: (1) In a request for a front yard determination for 5002 Persimmon Avenue, the Committee determined that the yard area west of the existing structure (adjacent to Persimmon Avenue) to be the front yard, the areas north and south side yards, and the area to the east to be the rear yard. (2) In another request for a front yard determination for 9040 Broadway, the Committee determined that the yard area adjacent to the north property line is the front yard, the area to the east of the proposed garage the street side yard, the area to the south of the "back" house the rear yard, and the yard area adjacent to the west property line as the interior side yard. Full details of the meeting are on file in the minutes of the Minor Zoning Modification Committee in the Planning Department at the City Hall. (b) Mr. Shaw said that on Tuesday, September 30, 1986, at 7:00 p.m. there will be a meeting at the Chamber of Commerce to discuss the uses within the C -1 - C -1 -R zones, and asked all the Commissioners to try to be there. " " " PLANNING COMMISSION MINUTES MEETING OF SEPTEMBER 23, 1986 -7- (c) Director Shaw called attention to a matrix of C -1 - C -1 -R zoned uses in the different cities in the area. If the Commissioners need more information they should contact the staff. 10. ADJOURNMENT There being no further business the Planning Commission meeting adjourned at 9:45 p.m. ATTE ��r , A /70/�%" -�% /" /*741 ec retary C an(-17/(