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HomeMy Public PortalAboutMinutes - 1989/08/22 - Regular" CITY OF TEMPLE CITY PLANNING COMMISSION MINUTES AUGUST 22, 1989 INITIATION: 1. CALL TO ORDER: Pursuant to Agenda posted August 18, 1989, Chairman Muto called the meeting to order at 7:40 P.M. in the Council Chambers. 2. PLEDGE OF ALLEGIANCE TO THE FLAG: Chairman Muto led the pledge of allegiance to the flag. 3. ROLL CALL: Present: Commissioners Budds, Griffiths, Seibert and Chairman Muto Absent: None Also Present: 4. CONSENT CALENDAR City Attorney Martin, City Manager Koski, Community Development Director Dawson and Planning Aide Sakamoto. Chairman Muto removed Item D for further discussion. Commissioner Budds requested correction to Item A. Commis- sioner Seibert moved to approve Items A through C on the Consent Calendar as corrected. Seconded by Commissioner Budds. A. APPROVAL OF MINUTES - Meeting of August 8, 1989 Approved as amended. B. TERMINATION OF PUBLIC NUISANCE Site: Terminated as requested C. REQUEST FOR SIGN APPROVAL Site: Applicant: Approved as requested. 4919 Ryland 9536 Las Tunas Drive Liu's Gallery " Planning Commission Minutes Page 2 August 22, 1989 D. MZM COMMITTEE MEETING Site: Case: 6126 Golden West MZM 89 -226 Director Dawson updated the Commission on the actions of the MZM Committee approving the request for a Floor Area Ratio of .3812 subject to the conditions that (1) a perimeter wall be constructed around the property subject to the approval of the Planning Department, (2) that the damage done to a driveway be repaired and restored and (3) that the new house be set back a minimum of 25 feet from the front property line. Director Dawson stated there had been opposition from a neighboring property owner. Chairman Muto asked Mrs. Smith to present her position in opposition to the Commission. Emily Smith, 6120 North Golden West, also representing Mrs. Medley who is the property owner to the north, stated they were concerned about the congestion with parking, multiple family use in an R -1 Area and lack of communication with the property owner regarding the problems, and lack of caring. Commissioner Budds asked Mrs. Smith if she had any problems, other than the communications, with the conditions imposed with regard to a perimeter wall, repair of the damaged driveway, and 25 foot setback. Mrs. Smith said she would prefer a smaller house as all the homes on the block are set back around 30 feet. The plan for the new house has all driveway in front except for a small yard area. All the other homes in the area have yards in front with the driveway in the rear. Commissioner Budds asked if the existing homes were older homes. Mrs. Smith indicated they were. Commissioner Budds asked if the newer homes on Golden West were set closer. Mrs. Smith said she was not sure. She indicated she was nervous about fire as the previous house on the lot had burned and she was concerned about setbacks. Commissioner Griffiths asked about the perimeter wall. 111 The plan shows an existing wall on two sides. Planning Commission Minutes Page 3 August 22, 1989 City Manager Koski indicated it did not extend to the front property line and should be extended. Commissioner Griffiths also asked about the driveway. City Manager Koski indicated the driveway next door had been damaged when the demolition of the burned house took place. Commissioner Budds moved to close. Seconded by Commis- sioner Seibert. Commissioner Seibert moved to ratify the action of the MZM Committee. Seconded by Commissioner Budds and approved unanimously. Chairman Muto informed the opposition that the matter could be appealed. 5. UNFINISHED BUSINESS: A. NONE 6. NEW BUSINESS A. PUBLIC HEARING: TENTATIVE PARCEL MAP 21215 Site: 5003 Cloverly Owner: John W. Green 5003 N. Cloverly Temple City, CA 91780 Applicant: Engineer: Request: Gary Lim 408 Danimere Avenue _ . __Arcadia, ...CA.. ,91006 Engles Shen 600 West Main Street, #205 Alhambra, CA 91801 To subdivide an R -1 Zoned parcel of land into two par- cels, one being a Flag Lot. Chairman Muto asked if the notices had been sent. Director Dawson replied they had and presented the staff report. There were no questions of staff and the public hearing was opened. " " Planning Commission Minutes Page 4 August 22, 1989 Engles Shen, 600 West Main Street, #205, Alhambra, stated this was a flag lot configuration and would conform with all requirements. They have provided a driveway of 17 feet for easier access. He stated they concurred with the conditions of approval. Ruben J. Nevarez, 4949 N. Cloverly, next door to the proposed subdivision, stated he had never met the applicant and was against the lot split. Commissioner Seibert asked why he was against the split. Mr. Nevarez stated he had a pool in his back yard and wanted his privacy. He indicated they might rent out the two houses and was opposed to renters and the problems that arise with renters. Commissioner Seibert informed him the current house would be demolished. Commissioner Griffiths stated that the proposal that was before the Commission is to allow the subdivision of one large R -1 lot into two smaller lots. Most R -1 lots are developed as owner /occupant. No one can say who rents and who does not, however, this would lend itself to owner /occupant rather than renter. Mr. Nevarez indicated he would like to have a wall put around the project. Commissioner Muto indicated that certain conditions were imposed. Director Dawson informed Mr. Nevarez there was a condi- tion for a 6 foot high block wall to be constructed between proposed Parcel 1 and Parcel 2 that could be expanded to include a perimeter wall as well. Raul Sanders, 5013 Cloverly Avenue, asked if a two - story home could be constructed on the rear lot. Chairman Muto informed Mr. Sanders that a two story home could be constructed on any R -1 lot except a flag lot. Commissioner Seibert asked when the change had been made. " " " Planning Commission Minutes Page 5 August 22, 1989 City Manager Koski informed the Commission that after their recommendation to leave it as it was, the Council on a majority vote determined that the rear lot would be single story. Director Dawson informed the Commission the second reading was August 15 and the regulation would take effect September 15. Mr. Sanders again stated he was opposed to the subdivi- sion. John Anderberg, 5016 Cloverly, across the street from the proposed subdivision, asked where the property owner was. Chairman Muto informed him the presence of the owner was not an issue. Mr. Anderberg asked if the subdivision would turn into rental property and if the adjacent property owners had a right to know before the subdivision were allowed. Chairman Muto informed Mr. Anderberg that the zoning protects the property by restricting to single family houses. Mr. Anderberg expressed concerns about lack of property maintenance in the area and asked if there were ordi- nances. Chairman Muto informed him there were ordinances. Mr. Anderberg said that someone should look at 5021 Cloverly for violations. Chairman Muto asked Mr. Anderberg to see Director Dawson regarding the violations. Mr. Anderberg asked for clarification on the two -story dwelling on the rear lot. Chairman Muto informed him the ordinance restricting development on a flag lot to single story would take place September 15. Mr. Anderberg asked if that would affect this particu- lar development. Chairman Muto informed him it would. " Planning Commission Minutes Page 6 August 22, 1989 Lolly Sanders, 5013 Cloverly, stated she was not in favor of a two -story home in the area as all the other homes were single story. Chairman Muto informed her that two -story homes were now legal in all residential zones. Darla Detanore, 5005 Fiesta, stated there were too many back houses now. Commissioner Budds moved to close the public hearing. Seconded by Commissioner Seibert. Commissioner Griffiths reiterated the issue before the Commission is strictly land use. He stated the Commis- sion was bound by the Ordinances, Zoning and General Plan of the City to determine land use. He stated the second story seemed to be a concern, but the Commission was powerless to address that issue. It is legal in any R -1 Zone in Temple City with the exception of the back portion of a flag lot. The setbacks and floor area ratios are all aimed to keep the overbuilding aspect under control. He stated that all the appli- cant was asking for was permission to cut a very large R -1 lot into two smaller R -1 lots, both of which meet all the rules and regulations. He stated he could find no reason to deny the request. Commissioners Budds and Seibert agreed. Chairman Muto concurred. Commissioner Griffiths moved to approve Parcel Map 21215 based on the findings and subject to the con- ditions of approval. Seconded by Commissioner Seibert and approved unanimously. Chairman Muto informed those present there was a 10 day appeal period. B. PUBLIC HEARING: TENTATIVE TRACT MAP 47724 CONDITIONAL USE PERMIT 89 -991 ZONE VARIANCE 89 -992 Site: 5076 -5078 Sereno Owner /Applicant: Kuan Sheng Fan Request: To allow a one lot subdivi- sion for a five (5) unit residential condominium project and a Zone Variance for a driveway in excess of " Planning Commission Minutes Page 7 August 22, 1989 300 feet for a project lo- cated at 5076 -5078 Sereno Drive in the R -2 Zone. Chairman Muto asked if the notices had been sent. Director Dawson replied they had and presented the staff report. There were no questions of staff and the public hearing was opened. Kuan Shenq Fan, 5076 Sereno Drive, stated he had ex- pressed his cooperation to staff to meet the Codes. He stated he had worked with neighbors and had no objec- tions from them. Raymond Peterson, 5066 Sereno Drive, asked if the homes would be for sale or rental. Commissioner Seibert informed him they would be condo- miniums which would indicate they were for sale. Mr. Peterson asked about drainage in the area as the property drops about 14 inches to the back and 8 inches side to side. He stated there were times in the past when he had excessive water, but he had taken correc- tive measures. He indicated the property in question had a 5 foot cinder block wall with no drainage holes to keep the flow of water from going east to west and north to south and does not drain. He asked if there were provisions for either a sump type drainage or something to get the water to the sewer. He expressed concerns about traffic in the area. He also indicated that the Kawasaki dealership on the corner of Rosemead and Sereno adds to the congestion. - Chairman Muto informed him there were conditions im- posed with regard to drainage. Commissioners Seibert and Budds specified the numbers of conditions imposed. Mr. Peterson was concerned about water supply being inadequate. Director Dawson informed Mr. Peterson there were con- ditions regarding water flows and fire sprinklers. Mr. Peterson asked which direction the water main ran on Sereno. Director Dawson also informed Mr. Peterson there was " also a requirement for domestic water supply but that " Planning Commission Minutes Page 8 August 22, 1989 the direction of the water main would have to be re- searched. He told Mr. Peterson that a copy of the proposal had been circulated to the water company and that there would have to be adequate water pressure. Commissioner Seibert moved to close the public hearing. Seconded by Commissioner Budds. Commissioner Seibert stated that in consideration of all the conditions that are impose on the applicant, it is a unique sized lot and there is no reason to deny the request for the Zone Variance. He stated he was in favor of the entire project. Commissioner Budds agreed. He stated all the issues Mr. Peterson raised were good issues and they were addressed with the conditions of approval. Commissioner Griffiths concurred. The project will utilize an older, existing lot. He was in favor of the project. He also asked that Director Dawson monitor the drainage plans to be sure the lot will drain. Chairman Muto concurred. It is a good project and he was satisfied the drainage problems will be taken care of. There are other lots with higher density. Commissioner Seibert moved to approve Conditional Use Permit 88 -991, Zone Variance 89 -992, Tentative Tract Map 47724 and the negative declaration based on the findings and subject to the conditions of approval. Seconded by Commissioner Budds and approved unanimously. C. PUBLIC HEARING: ZONE VARIANCE 89 -1015 Site: 6430 Oak Avenue Owner /Applicant: Mr. & Mrs. Mikolasko 6430 Oak Avenue Temple City, CA 91780 Request: To allow the development of a two -story room addition with a 5 foot second story setback instead of the required 10 foot second story side yard setback in the R -1 zone Chairman Muto asked if the notices had been sent. Director Dawson replied they had and presented the staff report and a video. Planning Commission Minutes Page 9 August 22, 1989 Don Perryman, 9035 Haven Avenue, Suite 202, Rancho Cucamonga, Architect for the project, presented addi- tional photographs. He stated they were not creating a new encroachment, but rather to extend an already existing encroachment. Both stories of the existing house sit 5 feet from the side property line and the proposed addition would only extend 15 feet. The staff report indicates 3,500 square feet. The home has approximately 1,611 square feet, the detached garage has 1,000 square feet and the detached rumpus room has about 900 square feet. There is a large swimming pool immediately behind the house which restricts the flexi- bility of an addition. They are adding as much as possible on the ground floor and then cantilevering a portion of the second story. The neighboring property affected is to the north and the only one which will see the addition. The architect indicated they had a statement from that property owner stating they have no objection to the addition. They state there will be no negative affect to their property. The existing house is two - story, and they propose to extend that 15 feet to the rear which is only 6% of the actual depth of the property. The proposed addition has no windows on the north side facing the closest neighbors. The closest portion of the home to the north is 21 feet; the major portion of the home to the north is 34 feet. Although the lot is large, this is the only logical location for the addition. If the addition were set back the addi- tional 5 feet, it would give a less than desirable sized master bedroom suite. Mr. Perryman stated that the property owner would have no objection to a condition of approval combining the two lots. There was no opposition. Commissioner Seibert moved to close the public hearing. Seconded by Commissioner Budds. Director Dawson read a letter from the property owner at 6440 North Oak Avenue indicating his approval of the project. Commissioner Budds indicated that side yard setbacks has been a big issue. He stated that in this particu- lar case, even though it is new construction, there is only a 15 foot extension of an existing dwelling with no windows and he was in favor of granting the vari- ance. • Planning Commission Minutes Page 10 August 22, 1989 Commissioner Griffiths concurred with Commissioner Budds analysis. He asked about the condition of ap- proval for combining the lots and where the access had been proposed to the rear lot. Director Dawson informed Commissioner Griffiths there was a copy of the 1963 Plot Plan approval in the packet. Commissioner Griffiths stated that if the Plot Plan approval were discontinued he would have no problem with the project. Commissioner Seibert agreed that it was basically an extension of an existing second story which was a mitigating circumstance. Chairman Muto concurred. He stated he was usually concerned about a precedent, but in this case there are special circumstances and the concerns that the new ordinance setbacks addressed are mitigated in this case. Commissioner Budds moved to approve Zone Variance 89 -1015 with the condition that the Plot Plan approval be nullified and that no windows be constructed on the north side of the second story addition. Seconded by Commissioner Griffiths and approved unanimously. Chairman Muto advised that there were a 10 day appeal period. 7. COMMUNICATIONS: None 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None 9. MATTERS FROM CITY OFFICIALS: None " Planning Commission Minutes Page 11 August 22, 1989 10. ADJOURNMENT: As there was no further business, Chairman Muto adjourned the meeting at 8:50 p.m. The next regular meeting of the Planning Commission will be held on September 12, 1989 at 7:30 P.M. in the Council Chamber, 5938 North Kauffman Avenue, Temple City.