Loading...
HomeMy Public PortalAboutMinutes - 1988/05/10 - Regular$ • • • CITY OF TEMPLE CITY PLANNING COMMISSION MINUTES MAY 10, 1988 INITIATION: 1. CALL TO ORDER Pursuant to Agenda posted May 6, 1988, Vice - Chairman Muto called the meeting to order at 7:30 P.M. in the Council Chambers. 2. PLEDGE OF ALLEGIANCE TO THE FLAG: Vice- Chairman Muto led the Pledge of Allegiance to the Flag. 3. ROLL CALL: PRESENT: Commissioners Coolman, Griffiths, Seibert, and Vice - Chairman Muto Also Present: 4. CONSENT CALENDAR: City Manager Koski, City Attorney Martin, Community Development Director Dawson and Associate Planner Saldana. Chairman Coolman referred to the Call to Order which refers to her as Chairman pro -tem. Her title should be Commis- sioner. On p. 5, para. 6 the public hearing was closed, then on the same page para. 8 the hearing was closed again by motion. Para. 6 should be removed. Page 7, states she found the two -story aspect not in the least objectionable. She wants this corrected to state that the 10 ft. setback is desirable. That the property on the south of her prop- erty is two -story shading her property completely at all times. Her property is 10' from property line and does not shade the property on the north. Commissioner Seibert moved to approve the minutes as corrected, seconded by Commissioner Griffiths and the motion carried unanimously. 5. UNFINISHED BUSINESS: A. CONT'D PUBLIC HEARING: MODIFICATION OF CONDITIONAL USE PERMIT 69 -285 Site: 9831 Las Tunas Drive Owner /Applicant: Robert Pernecky (McDonald's) 1150 Foothill Boulevard La Canada, CA 91011 " " Planning Commission Minutes Page 2 May 10, 1988 Request: A modification to a previously approved conditional use permit for McDonald's Restaurant. At the last Planning Commission meeting the applicant requested a 30 -day continuance of the matter in order to explore alternatives related to a proposed drive -thru addition. Continuation of a public hearing regarding a modifica- tion was continued to send legal notification of a public hearing to surrounding property owners regard- ing the expansion of the site and a drive -thru addi- tion. The Community Development Director gave the relevant background information saying that the public hearing was re- noticed to include the R -2 lot proposed for a parking lot to the north of the property. The proposed new parking lot has an area of 9500 sq. ft., a width of 50 ft., a depth of 190 ft. There are two considerations before the Commission. First, is to add a drive -thru facility to the existing McDonald's and the second is to permit the utilization of the R -2 zoned lot for parking. Staff recommends denial for reasons stated in the staff report. Vice - Chairman Muto opened the public hearing. Doug Ring, 1800 Avenue of the Stars, Century City presented background on the McDonald's drive -thru and how it functions. He discussed pedestrian access, the width of the drive -thru, and conflict between parking and the drive -thru. He also described ways congestion on the facility is alleviated with a 2- window system. The total time from ordering to picking up food should be between 20 and 30 seconds. He stated that traffic congestion on Agnes and Las Tunas should not be any different from Carl's at Golden West and Las Tunas. He reserved the right to respond to any concerns expressed by the community. There being no questions from the Commission. The public hearing was open to those who opposed the pro- ject. " " Planning Commission Minutes Page 3 May 10, 1988 Bob Boyd, 8656 Sunnyslope, San Gabriel, submitted a petition containing 195 signatures to the Commission. He owns the property at 5837 N. Agnes. Mr. Boyd objects to a drive -thru because since Carl's has opened their drive -thru, litter and trash has proliferated along Golden West. Increased business would result in more truck deliveries, employee parking, congestion, and fumes. Currently Agnes and Las Tunas lack a traf- fic light. Also, what provisions have been made for added trash area? He does not want to see a residence destroyed to accommodate a parking lot which would result in the erosion and quality of life along Agnes. Stan Zielinski, 5837 Agnes, agreed with what Mr. Boyd stated. Mr. Zielinski lives across the street from where 5842 Agnes use to be. This has been leveled for a commercial development. He does not want to see this happen again in another zone. Residents live here for the quality of the neighborhoods and schools; not because of commercial development. Rudy Kaden, 5941 Agnes, lives in the house north of Bill Boyd's house. He does not see the need for any more traffic on Agnes. Mr. Kaden also expressed con- cern about McDonald's increased business and how it would effect other businesses in the community. Kevin Shehee, 5843 Agnes, concurred wholeheartedly with Mr. Boyd's concerns. There are only three benefits to the project. 1) Sales tax revenue to the City. 2) Convenience to the customer. 3) More money for the applicant. He stressed that Golden West and Agnes are completely different and Golden West has been a thor- oughfare for the City for many years whereas Agnes has not. Agnes is a simple residential street. Susan Huls, 5833 Agnes, is concerned with the traffic at the intersection. All other fast food restaurants are located at signalized intersections. She foresees traffic taking the easy way out by using Agnes and making it a thoroughfare like Golden West. Bonnie Boyd, 5937 Agnes, read a statement prepared by Janet and Arthur Ekman (5927 Agnes) stating that removal of a two - bedroom residence and drastic changes in traffic patterns does not support the arbitrary negative declaration environmental impact statement. A major problem is truck deliveries which barely negoti- ate the existing building and oppose the proposed circulation pattern. The proposed parking area would have a single street entrance and exit off of Agnes and lead to inconvenient dead end parking and traffic " " Planning Commission Minutes Page 4 May 10, 1988 problems. What assurance is there that other structures will not be built? The sketch does not indicate pe- rimeter maximum height block walls or other barriers to restrict public encroachment, debris and also noise pollution. McDonald's employees have never been al- lowed to park their vehicles in the parking lot forcing employees to park on Agnes Avenue daily. Dollie Vaughn, 5925 N. Agnes, owns the property north of the proposed parking lot. She will have all the noise, trash, extra traffic and deliveries. She is very much opposed to this project. Jeanne Sanders, 5923 Agnes, is a renter of the property proposed for a parking lot and has lived through all the problems mentioned. She does not want to see the house demolitioned for use as a parking lot. Dave Barth, 5826 Myda, feels the issue of lighting will have an effect on the community. McDonald's is open late hours and people of driving age like to congregate on weekends making McDonald's an ideal new hang -out. The convenience of a drive -thru attracts more custom- ers and creates a congestion problem. If the permit is approved, other businesses may want to encroach on the area. Janet Ekman, 5927 Agnes, lives directly across from McDonald's. Her concerns were excessive light and noise emitted from vehicles and employees after the restau- rant closes at night. Helen A. Makfood, 9819 E. Las Tunas, lives one house west of McDonald's. The woman who owns the house next door refuses to sell to McDonald's. She acknowledged all of the same problems mentioned by previous citi- zens. She is sandwiched between the two fast food restaurants. The additional drive -thru will result in more fumes and noise. Commissioner Seibert stated that the woman next door refuses to sell and asked why does she want to live there if it is so bad. Ms. Makfood stated that the woman does not live there but lives in her home for the aged. She does not want to sell because it is a security. If anything happens to her, she has her home. Commissioner Seibert pointed out that whether the permit is approved or not the condi- tions perceived to exist are still going to remain. Ms. Makfood recognizes that, but an additional drive -thru will just make it worst. " " Planning Commission Minutes Page 5 May 10, 1988 Douglas Ring, discussed ways these issues could either be mitigated or eliminated as part of the issuance of a Conditional Use Permit. He addressed the issue of alleviating congestion by re- designing the site to close the exit to Agnes. At present McDonald's manda- tory operation is for a staff member to walk the facil- ity 3 to 4 times a day picking up liter as he sees it. Neighborhood walks could be incorporated into this policy. The lot could be chained after a designated time at night eliminating night time noise. The light- ing used on the site are the focus -down night lighting. They do not create an out spread of light. The facility is served by 7 trucks during the week. Surveys done on drive -thrus show that sales will increase between 13 -17% and will not draw in new traffic. He stated the Commission can offer a reduction in traffic, litter, and noise to the community by imposing the appropriate conditions on the issuance of the CUP. Vice - Chairman Muto asked what kind of conditions he meant. Mr. Ring suggested several conditions: a litter walk of the neighborhood, re- design the plot map to elimi- nate the Agnes exit, and required chaining of the rear lot after a given time at night. Commissioner Seibert asked him to respond to the con- cern of traffic signals. Mr. Ring stated that traffic signals are expensive and he needs to discuss this with his client. Commissioner Seibert moved to close the public hearing and Commissioner Coolman seconded the motion. Commissioner Griffiths stated the on -site problems of cars backing out in traffic should be left up to McDonald's and their customers. The noise, lights, odors, and litter should be addressed. He wants as- surances that a plan to screen the neighbors to the north from noise and light would be provided. Commis- sioner Griffiths was not ready to vote yet and wished to hear what the other Commissioners had to say. Commissioner Seibert is opposed to the plan because of the circulation problems that exist and didn't feel the additional parking lot would alleviate any of the problems. He doesn't feel McDonald's should be respon- sible for the litter in the neighborhood and did not like the idea of chaining the parking lot. A signal- ized intersection might be a consideration. " Planning Commission Minutes Page 6 May 10, 1988 Commissioner Coolman stated the fact that there is a house going or not going does not have anything to do with the issue. This is a commercial area and those who live within two or three lots of the boulevard were aware of the zoning when they purchased their homes. The condition of a signal makes sense not only because of McDonald's but also the development on the southeast corner of Las Tunas and Agnes and should be given serious consideration. Perhaps the cost could be shared with the project across the street. She had no problem with chaining the parking lot at night. Commissioner Muto stated there have been similar re- quests which were denied for the same issues that are before the Commission. It is important to note that this would constitute a further extension into a stable residential area. At this point, given an opportunity to vote, he would not see the basis for approval. Commissioner Seibert moved to deny Zone Variance Case 88 -915, based on staff recommendations and also the content of this hearing as submitted by the audience. He further stated the site is not adequate in size, shape and topography and has insufficient access. Also, the proposed use will have an adverse affect upon the use, enjoyment and valuation of the adjacent prop- erties. Commissioner Griffiths seconded the motion. A roll call vote was taken as follows: Commissioners Coolman - no, Seibert - yes, Griffiths -no, Muto - yes. Motion failed. Commissioner Coolman made a motion that the Planning Commission continue the hearing to see whatever pro- posal might come up by the next meeting. Commissioner Seibert felt that the site is a problem. Commissioner Griffiths seconded the motion. A roll call vote was taken as follows: Commissioners Coolman - yes, Seibert - no, Griffiths -yes, Muto - no. Motion failed. Commissioner Seibert moved to deny for the same reasons as stated previously, Commissioner Muto seconded the motion A roll call vote was taken as follows: Commissioners Coolman - no, Seibert - yes, Griffiths -yes, Muto -yes. Vice - Chairman Muto stated the matter was denied, and there is a 10 -day period of appeal to the City Coun- cil. " " Planning Commission Minutes Page 7 May 10, 1988 B. CONT'D PUBLIC HEARING: MODIFICATION OF CONDITIONAL USE PERMIT NO. 87 -823 Site: 5935 -53 Temple City Boulevard Purchaser: Applicant: Request: Bob Chang 238 So. Atlantic Boulevard Alhambra, Ca. 91801 Simon Lee and Associates 365 W. Garvey Avenue #203 Monterey Park, Ca. 91754 A Modification to a conditional use permit to allow the expan- sion of an existing shopping center at the southwest corner of Temple City Boulevard and Woodruff Avenue. At the last meeting the Planning Commission continued this item in order to confer with the City Attorney. City Attorney Martin informed the Commission he has been in contact with the attorney for the applicant and is negoti- ating several matters that are under consideration. He recommended to the Planning Commission that this matter be continued to the meeting of May 24, 1988. Commissioner Coolman made a motion, seconded by Commissioner Seibert, and carried unanimously, to continue the case to May 24, 1988. 6. NEW BUSINESS: A. PUBLIC HEARING: ZONE VARIANCE NO. 88 -923 Site: 5829 Sultana Owner: Mike Milosavljevic 2025 Del Mar Avenue San Marino, CA 91108 Applicant: Request: George Dragecevich 31 E. Floral Avenue Arcadia, CA 91006 A Zone Variance to allow an apartment unit within five (5) feet from the side property line in lieu of the required ten (10) foot side yard set- " " " Planning Commission Minutes Page 8 May 10, 1988 back; and to allow the second story portion of an apartment building with a 14' 2" rear yard setback in lieu of the required 15 foot rear yard setback. The Community Development Director gave the background information saying that the property is zoned R -3, Heavy Multiple Residential and that the General Plan designates the site Medium Density Residential. An inconsistency exists between the General Plan and the zoning. At this time staff is in the process of preparing a proposed code amendment to rectify the situation. The lot has an area of 7,252 sq. ft., a width of 51.55 ft., a depth of 111.75 ft. The applicant is proposing to enlarge the existing garage into a four car garage and build an additional dwelling unit over the new garage retaining the existing single - story residence. He described the proposal and concluded his presentation by saying that staff recommends approval with conditions listed in the attached draft Resolution with the addition of one item that has come up concerning ownership of the property which was vacated to allow for the theater parking lot. The applicant has included the property in his subject site and if the Commission approves this request, there should be an additional condition that a title search be provided to substantiate the ownership of that entire parcel including the vacated portion of the street and to substantiate that there is 7200 sq. ft. of lot area. A video tape of the property was shown with comments by Associate Planner Saldana. Commissioner Seibert asked what the proposed rezoning is for this area? Director Dawson answered that the General Plan calls for Medium Density, R -2, and the staff recom- mendation is Low Density, R -1. The public hearing was declared open. George Dragecevich, 31 E. Floral Ave., Arcadia said that five years ago the City held a meeting regarding a street closure. A portion of the street went to the parking lot and a portion went to his client Mr. Milosavljevic. Out of 46' his client received 21 feet. He stated that the public notice misled some of the property owners and has caused much confusion. He emphasized this is an R -3 property which complies with the General Plan. The applicant is not proposing four units, but only two units. There is in excess to 7200 sq. ft. Immediately to the north there is property with two units. With respect to the staff condi- tions the applicant would like to make certain points with respect to item 6, 9 and 10. He requested that Item 6 be " " Planning Commission Minutes Page 9 May 10, 1988 modified to read 6' x 6' concrete masonry trash enclosure area. He would like to delete Item 9, placing electrical utilities and telephone lines underground, because it is a small residential development. Item 10 - The driveway apron is in existence with an overall length of 18 feet. Commission Coolman feels it is very difficult to get to the second unit. Mr:r, Dragevich stated that if you relocate the garage, it would create more problems. Dennis Beverage, 5831 Sultana, stated he is not in favor of having an apartment building next door to his lot. When the rezoning was done, Sultana was included in the R -1 zone and for some reason it was not done. There is a major parking problem in this area with six on- street parking spots for seven houses. The applicant does not live on the property and uses it for profit, poorly maintaining the property. Commission Muto asked Mr. Beverage if there are two units adjoining him on the north. Mr. Beverage in- formed the Commission that there is not. There is a garage with a play room in the back similar to his. This area should all be R -1. Mike Milosavljevic, 5829 Sultana (Owner), pointed out that in previous discussions Mr. Beverage did not object to adding a second story. He was told by Mr. Beverage that he had no problem as long as the project did not encroach any closer to the wall of the property. There is a four -car garage to accommodate vehicles. As shown in the video, it was obvious that there was empty stalls on the street. George Moreno, 5802 N. Myda, main concern is safety. At this time there are four large trees on the subject prop- erty. The trees pose a problem especially during a wind storm. He has no objection to his building on his garage, but would like the trees trimmed. Helen Zacharias, 5822 Sultana, states her concern is park- ing. The theater parking overflows into the street. Com- missioner Muto asked where the vehicles come from. Ms. Zacharias said they are from the theater and the newsstand. Shih Wong, 5826 Sultana, lives across the street from the subject property. He agreed the area should be R -1. Since there is already a parking problem from the theater, the neighborhood does not need any additional problems. Building an additional unit on the property is like com- mercializing the area. Dave Barth, 5826 Myda, lives behind the subject site. He had maps and Assessor rolls of the area for the Commission to look at. The proposal does not fit what is already " " " Planning Commission Minutes Page 10 May 10, 1988 existing in the neighborhood. It is the only residence in the area that is not owner occupied and the occupants have not kept the property maintained. Mr. Barth continued by voicing his concerns about overflow theater parking and the legality of ownership of said 21 foot portion of Elm Street. Commissioner Muto stated that one of the conditions to the approval would be to clarify the legal ownership of the vacated portion of Elm. Mr. Barth concluded by requesting the Planning Commission to deny the zone variance because of a potential deteriora- tion of the neighborhood. Also, the issue of waiving the undergrounding of the utilities shows the owner wants to save money wherever possible. Wayne Evington, 5816 Myda, lives in an area that was down zoned. There is a definite parking problem. People even scale the six foot wall on Myda to get to the theater. George Draqicevich, felt that there are several issues raised that do not pertain to the subject matter. The owner can provide documents proving ownership of the vacated property. In response to down - zoning, the fact is that this is a R -3 property not R -1. Parking on the street seems to be a problem of enforcement and policing and is not germaine to the subject property. In addition to that, the proposed development would consist of 4 enclosed park- ing spaces plus one additional open parking space in the back of the property and the driveway is long enough to accommodate at least 10 to 12 parked cars. The owner maintained his property as well as he could and said he would trim the trees. He recommended that the Planning Commission approve this request. Commissioner Coolman moved to close the public hearing, seconded by Commissioner Seibert. Commissioner Seibert stated the Planning Commission should keep in mind that the subject area is proposed for down zoning. There are some questions as to the legality of the vacated property. He is sure that if there were a problem Mr. Martin would let the Planning Commission know. Commissioner Coolman agreed that there obviously was an oversight on the zoning and that the lots are well main- tained. Commissioner Griffiths asked for clarification on zoning. " " " Planning Commission Minutes Page 11 May 10, 1988 Director Dawson said staff will be recommending a change from R -3 to R -1. Mr. Martin asked if this was an oversight. Director Dawson said that during the public hearing process it was one of those areas which the City Council decided to have staff re -study as there was considerable discussion about which lots should be re- designated. Commissioner Griffiths directed the question of the vacated lot to Mr. Martin. Mr. Martin stated that he tried to read the map but it was too blurry. Commissioner Griffiths felt the project should be denied on the basis of the inadequate lot size without the street reversion which may or may not end up a fact. Commissioner Muto asked if the lots that are oriented to Hermosa were going to be proposed for R -1. Director Dawson stated that his response is a little prema- ture since staff is still studying the area, but the recom- mendation tentatively would be for those lots facing Hermosa as well as those facing Sultana to be down zoned and re- designated for single family use. Commissioner Griffiths asked if that also includes the block between Hart and Sultana. Director Dawson said yes it would. Commissioner Muto stated that in the staff report there was reference to other multiple developments in the area and this was corrected by testimony heard tonight. If the Planning Commission accepts that, then there are no similar developments and this does make a big difference. He fur- ther found it difficult to justify this type of develop- ment. Commissioner Seibert moved to deny Zone Variance 88 -923 for the reasons previously stated. The motion was seconded by Commissioner Coolman and unanimously approved. Commis- sioner Muto informed the applicant that he has the right of appeal to the City Council within 10 days. 7. COMMUNICATIONS: There were none. " " Planning Commission Minutes Page 12 May 10, 1988 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: There were none. 9. MATTERS FROM CITY OFFICIALS: There were none. 10. ADJOURNMENT As there was no further business, Vice - Chairman Muto ad- journed the meeting at 10:15 p.m. The next regular meeting of the Planning Commission will be held Tuesday, May 24, 1988, at 7:30 P.M. in the Council Chambers, 5938 North Kauffman Avenue, Temple City. ATTEST: Secretary