Loading...
HomeMy Public PortalAboutMinutes - 1989/03/28 - Regular" CITY OF TEMPLE CITY PLANNING COMMISSION MINUTES MARCH 28, 1989 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted March 24, 1989, Chairman Seibert called the meeting to order at 7:30 P.M. in the Council Chambers. 2. PLEDGE OF ALLEGIANCE TO THE FLAG: City Manager Koski led the flag salute. 3. ROLL CALL: Present: Absent: Also Present: Director Dawson Planner. Commissioners Budds,Coolman,Griffiths,Muto and Chairman Seibert None City Attorney Martin, City Manager Koski, Community Development Director Dawson and Assistant Planner Kates introduced Corrie Kates, the new Assistant 4. CONSENT CALENDAR: Commissioner Coolman moved to approve the Consent Calendar. Seconded by Commissioner Budds and approved unanimously. A. APPROVAL OF MINUTES - Meeting of March 14, 1989 Approved as written B. MINOR ZONING MODIFICATION COMMITTEE - Ratified Committee Action denying MZM 89 -224 5. UNFINISHED BUSINESS: None 6. NEW BUSINESS: A. PUBLIC HEARING: ZONE VARIANCE 89 -980 Site: 4816 HALLOWELL " " " Planning Commission Minutes Page 2 March 28, 1989 B. Owner /Applicant: Request: Robert J. Lo Presto 4816 Hallowell Avenue Temple City, CA 91780 A Zone Variance to allow the construction of a second dwelling unit (single story) on a lot with a total of 4 parking spaces instead of the minimum required 5 parking spaces in the R -2 Zone. Chairman Seibert asked if the notices had been sent. Director Dawson replied they had been sent and stated the applicant had requested withdrawal at this time. Commissioner Coolman moved to accept the withdrawal of . the application. Seconded by Commissioner Griffiths and approved unanimously. PUBLIC HEARING: Site: Owner /Applicant: CONDITIONAL USE PERMIT 88 -958 5919 OAK AVENUE Ming Nan Chen 404 E. Las Tunas Drive #205 San Gabriel, CA 91776 Request: A Conditional Use Permit to construct an 8 unit, 7,500 square foot retail - commercial shopping center on an 18,500 square foot C -2 Zoned parcel. Chairman Seibert asked if the notices had been sent. Director Dawson replied they had been and that the applicant had requested a continuance of the public hearing to the next regularly scheduled Commission meeting. Commissioner Budds moved to continue the public hearing to the April 11, 1989 meeting. Seconded by Commissioner Muto and approved unanimously. C. PUBLIC HEARING: Site: Owner /Applicant: ZONE VARIANCE 89 -972 5323 -25 -27 WELLAND Owen Construction Co., Inc. 2035 South Myrtle Avenue Monrovia, CA 91016 " " " Planning Commission Minutes Page 3 March 28, 1989 Request: A Certificate of Compliance to legalize 3 existing "Tax Assessor Parcels ", resulting in 3 independent lots; a front yard determination for each of the 3 independent parcels and Zone Variances to permit one of the three proposed new detached single family resi- dences to be constructed with a 5 foot first story setback and a 10 foot second story setback rather than the mini- mum required setbacks of 10 feet for the first story and 15 feet for the second story and a Variance to permit a second dwelling unit to be constructed with a 10 foot rear yard rather than the minimum required 15 foot rear yard in the R -2 Zone. Chairman Seibert asked if the notices had been sent. Director Dawson replied they had and presented the staff report and a video. The public hearing was opened. Rick Shroads, CivilTec Engineering, 135 E. LaPorte, Arcadia, stated this was a unusual piece of property. He stated it was his understanding this property is currently divided as three separate parcels. They have been taxed that way. There are deeds which were re- corded in 1962 which described those three separate parcels. There are three current existing homes, one on each parcel. The builder is asking to simply tear down and rebuild. In order'kto rebuild on those parcels, the builder is asking for some variances, which in the most case would be commensurate with the R -1 Zone setbacks. Since this resembles an R -1 type of configuration, they hoped the Commission would accept the fact that the R -1 setbacks might work and look normal in the area. Mr. Shroads asked if they were really asking for a Certificate of Compliance. Director Dawson replied that the request to acknowledge the "Tax Assessor Parcelization" was part of the appli- cation in order to permit one house on each of three lots, plus the variances for the setbacks. " " " Planning Commission Minutes Page 4 March 28, 1989 City Attorney Martin stated that in going over the deeds you either have one lot or three lots. City records show as one lot and the deed shows as three parcels. If the City records show as one and you maintain there are three, the burden of proof is upon the applicant to establish the pre- existing use or the claim to three lots. What has been submitted as proof is a deed which looks like it is from the original owner, but is not very legible. Rick Shroads said he was looking at a copy of a title report which guarantees title to three separate parcels, Lot 31 of Tract 10260 except Parcels 2 and 3 described below. Parcel 2 is the westerly 83 feet of easterly 191 of that same lot. Parcel 3 is the easterly 108 of Lot 31. What has happened is as City Attorney Martin has described. The applicant and the title company believes there are three separate parcels although the house numbering maps do not show it. That issue can be worked out and proof can be supplied. City Attorney Martin stated they would have to provide proof as the City records show only one lot. Trying to follow the deeds, it would appear that Miss Holwick, then unmarried, obtained t- �MU to the property, married Scoville and with some _: - _,(;nship to a man named Townsend deeded to a Miss Townsend. Rick Shroads stated he had seen a number of these. City Attorney Martin stated he did not know whether that was an "arms length" transaction or not. Rick Shroads stated that moms or moms and dads used to buy the lots, dad would die and mom would parcel it off to the various children by virtue of the deeds. City Attorney Martin stated that was an "arms length" transaction. As a non -arms length transaction, anyone can ask for property to be parceled on the tax map, but that does not make it a separate lot. It is a mere convenience for tax purposes. To get separate lots, you either must have established them as separate lots on an arms length transaction or you have to go through the lot split procedure. Rick Shroads stated that after the 1967 Subdivision Map Act was enacted, it now enables them to map lots. Lots that were cut previous to then are subject in many agencies, the County for one, to a Certificate of Com- pliance. " " Planning Commission Minutes Page 5 March 28, 1989 City Attorney Martin stated that in 1962 when there was no procedure if a lot had been split and then later it became necessary to comply with the new one, the only way around the compliance is a Certificate of Compli- ance. They have been issued in the past. However, at this time the applicant has not presented proof. It looks like a matter of convenience and probably is an intra - family transaction, perhaps to give to child A,B, and C, which creates three tax parcels but not three lot parcels. Rick Shroads stated he believed each one of the parcels was individually salable, because according to his files they are individually described in deeds. City Attorney Martin stated they were not until a Cer- tificate of Compliance was obtained. Rick Shroads stated that what they needed to do was to clear up the Certificate of Compliance issue. City Attorney Martin stated there was not enough evi- dence presented to clear this up and he suggested it be denied or that the applicant request a continuance in order to obtain more information. Were there postal addresses set up? Rick Shroads stated that addresses were set up. Director Dawson stated that the house numbering map does show three addresses and that is not uncommon in any zone. City Attorney Martin asked if bona fide rent had been paid. He further stated that if the applicant .could not submit proof, then the City shows it as one lot and if the one lot is subdivided further, it must comply with the 7,200 square foot requirement. Rick Shroads stated that hopefully they were not talking about a subdivision. City Attorney Martin stated he hoped they were not facing a time problem. Rick Shroads stated the main goal is to tear down three dilapidated, old homes and replace them with three nice homes and do it within the realms of the law. City Attorney Martin stated if they had three lots it could be done, but if they do not, then it presents a problem. " Planning Commission Minutes Page 5 March 28, 1989 City Attorney Martin stated that in 1962 when there was no procedure if a lot had been split and then later it became necessary to comply with the new one, the only way around the compliance is a Certificate of Compli- ance. They have been issued in the past. However, at this time the applicant has not presented proof. It looks like a matter of convenience and probably is an intra - family transaction, perhaps to give to child A,B, and C, which creates three tax parcels but not three lot parcels. Rick Shroads stated he believed each one of the parcels was individually salable, because according to his files they are individually described in deeds. City Attorney Martin stated they were not until a Cer- tificate of Compliance was obtained. Rick Shroads stated that what they needed to do was to clear up the Certificate of Compliance issue.- City Attorney Martin stated there was not enough evi- dence presented to clear this up and he suggested it be denied or that the applicant request a continuance in order to obtain more information. Were there postal addresses set up? Rick Shroads stated that addresses were set up. Director Dawson stated that the house numbering map does show three addresses and that is not uncommon in any zone. City Attorney Martin asked if bona fide rent had been paid. He further stated that if the applicant could not submit proof, then the City shows it as one lot and if the one lot is subdivided further, it must comply with the 7,200 square foot requirement. Rick Shroads stated that hopefully they were not talking about a subdivision. City Attorney Martin stated he hoped they were not facing a time problem. Rick Shroads stated the main goal is to tear down three dilapidated, old homes and replace them with three nice homes and do it within the realms of the law. City Attorney Martin stated if they had three lots it could be done, but if they do not, then it presents a problem. Planning Commission Minutes Page 6 March 28, 1989 • Rick Shroads asked for a continuance of the public hearing. City Attorney Martin asked if they wanted two or four weeks for a continuance. Rick Shroads stated two weeks was satisfactory. Commissioner Coolman moved to continue the public hear- ing to April 11, 1989. Seconded by Commissioner Budds and approved unanimously. 7. COMMUNICATIONS: None 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None 9. MATTERS FROM CITY OFFICIALS: None 10. ADJOURNMENT: As there was no further business, Chairman Seibert adjourned the meeting at 7:57 p.m. to a Study Session to discuss sub- terranean parking and driveway slopes and flag lots. The next regular meeting of the Planning Commission will be held on Tuesday, April 11, 1989 at 7:30 P.M. in the Council Cham- ber, 5938 North Kauffman Avenue, Temple City. • Ck.r an