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HomeMy Public PortalAboutMinutes - 1989/12/12 - Regular" " CITY OF TEMPLE CITY PLANNING COMMISSION DECEMBER 12, 1989 INITIATION: 1. CALL TO ORDER Pursuant to the Agenda posted December 8, 1989, Chairman Muto called the meeting to order at 7:30 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, Floyd, Seibert and Chairman Muto Also Present: City Manager Koski, City Attorney Martin, Community Development Director Dawson and Associate Planner Kates 4. CONSENT CALENDAR: A. APPROVAL OF MINUTES - Meeting of November 28, 1989 B. MONTHLY CODE ENFORCEMENT REPORT - Month of November C. SIGN APPROVAL Site: 9449 -1/4 LAS TUNAS Applicant: E & T TAILOR & MEN'S WEAR D. EXTENSION OF TENTATIVE TRACT MAP 45808 Site: 5248 -62 SERENO AVENUE Commissioner Seibert moved to approve the Consent Calendar, . seconded by Commissioner Budds and approved unanimously. Planning Commission Minutes Page 2 December 12, 1989 5. UNFINISHED BUSINESS: A. PUBLIC HEARING: TENTATIVE PARCEL MAP 21431 CONDITIONAL USE PERMIT 89 -1011 Site: 5542 N. SULTANA AVENUE Owner /Applicant: Engineer: Architect: Request: FRANK & SUSAN SUN 4748 VALLEY BLVD., STE. L ROSEMEAD, CA 91770 PAUL D. SHIPLEY PROPERTY DEVELOPMENT CONSULTANT P.O. BOX 479 SAN GABRIEL, CA 91778 HINH & ASSOCIATES 8748 N. VALLEY BLVD. ROSEMEAD, CA 91770 To allow a three (3) unit condominium project on pro- perty zoned R -3, high density residential. Director Dawson stated that the public hearing was continued from the Planning Commission meeting of November 28, 1989 and continued with the presentation of the background information stating corrected plans had been submitted. He also stated that Condition 10 was changed to prohibit work on Sundays and on Condition 51 the 5' dedication requirement was deleted. Ed DeVrieze, 1320 S. Gladys Ave., San Gabriel, stated that the applicant has no objections to any of the conditions. Commissioner Seibert moved to close the public hearing, seconded by Commissioner Budds and unanimously carried. None of the Commissioners objected to the project. Commissioner Griffiths moved to approve Tentative Parcel Map 21431 and Conditional Use Permit 89 -1011 based upon the findings and subject to the Conditions as contained in the attached draft Resolution No. 89- 1535PC, seconded by Commis- sioner Seibert and unanimously carried. • • " " Planning Commission Minutes Page 3 December 12, 1989 6. NEW BUSINESS: A. PUBLIC HEARING: Site: Owner/ Applicant: TENTATIVE PARCEL MAP 21708 4941 DOREEN CHRIS CONSTRUCTION COMPANY 909 SOUTH SANTA ANITA, F -1 ARCADIA, CALIFORNIA 91007 Engineer: GILBERT ENGINEERING 3820 E. COLORADO BLVD, #109 PASADENA, CALIFORNIA 91107 Request: To subdivide an R -1 zoned parcel of land into two par- cels, one being a flag lot. Director Dawson stated that the notices of the public hearing had been mailed and continued with the presenta- tion of the background information. Director Dawson stated that between Lower Azusa and Key West, only this lot was large enough to subdivide. Between Key West and Freer there were a possible 8 lots that could be subdi- vided. He also stated that a letter was received from Mr. Francis Billie who lives at the property south of the proposed lot. He was concerned about his aviary use. A video of the proposed project was shown. Commissioner Floyd asked how close the house on Halifax, behind the proposed flag lot, would be to the project. Director Dawson stated that information was available, but that the new house would have to be 15' off the back property line and is required to be single story. Chris Bade, 909 Santa Anita Ave., Arcadia, stated that the proposed subdivision meets all of the requirements and asked for the Commission's approval. Mrs. Hintz, 4927 Doreen, stated that the project would cause more traffic and crowding of the neighborhood. She felt the project should be denied. Francis Billie, 4935 Doreen, stated that he purchased his property specifically for the raising of birds. He stated that the aviaries need to be 40 feet from any dwelling. He was concerned that any new dwelling would be closer than 40 feet to the aviaries. He further stated that he presently has cranes and flamingos which are very noisy. Planning Commission Minutes Page 4 December 12, 1989 Dorcus Hooker, 4924 Doreen, stated she opposed the subdivision because it was not in conformance with the other lots. Mr. Bade, stated that the driveway would be on the south side of the lot adding additional space between the aviary and the dwelling. The issue is whether this property can been subdivided into two legal lots. Commissioner Budds moved to close the public hearing, seconded by Commissioner Floyd and unanimously carried. Commissioner Seibert agreed with those who spoke against the project. The project does meet the requirements, but this would be the only flag lot within the block. Commissioner Seibert felt this was not consistent with the General Plan and would not be in favor of the pro- ject. Commissioner Budds stated that he personally does not like flag lots, but this is a legitimate split. He would approve the request. Commissioner Floyd stated that it did meet the require- ments, but that there were no other flag lots in the area. She could not approve the request. Commissioner Griffiths appreciated the comments made, but could find no reason to deny this request. Chairman Muto stated that it did meet the requirements and he would approve the request. Commissioner Budds moved to approve Tentative Parcel Map 21708 based upon the findings and subject to the Condi- tions as contained in the attached draft Resolution No. 89 -PC, seconded by Commissioner Griffiths and unani- mously carried. Chairman Muto advised the audience of the 10 day appeal period in which this case could be appealed to the City Council for action. • • " Planning Commission Minutes Page 5 December 12, 1989 B. PUBLIC HEARING: ZONE VARIANCE 89 -1009 Site: 5832 ALESSANDRO Owner /Applicant: CHUN -MO & FUNG -DWAN WONG 5832 ALESSANDRO AVENUE TEMPLE CITY, CA 91780 Designer: Request: APOLLO DESIGNS P. 0. BOX 3031 ALHAMBRA, CALIFORNIA 91803 To allow the development of a second dwelling unit on the lot with an 11' -6" driveway rather than the required 16' wide driveway in the R -2 Zone. Director Dawson stated that the notices of the public hearing had been mailed and continued with the presenta- tion of the background information. He also read a letter from Willena Scherwin asking the Commission to deny the request. Commissioner Floyd asked what the desirable emergency access is. Director Dawson stated that the Fire Department requires a 20' wide driveway, but are aware that the City has some very narrow lots. If there is a narrow driveway on a rather narrow lot, the Fire Department will permit the installation of fire sprinklers to mitigate the circum- stances. Commissioner Floyd asked if all the properties in the area were similar in size. Director Dawson stated they were. Gary Tse, 1427 S. Echo, Alhambra, stated that in addi- tion to all of the conditions stated in the resolution, the applicant would enhance the front unit to make it more compatible with the rear unit. Don McGinnis, 5812 Alessandro, stated that before the applicant purchased the home, it was a duplex with two full kitchens and only a door . separating the units. He asked if there are two existing units, could the appli- cant put a third on the lot. Planning Commission Minutes Page 6 December 12, 1989 Director Dawson stated that after reviewing the building permits, it appears that there were permits pulled for a single family dwelling. At one time there were possibly two units, but the permits show only a single family dwelling. Commissioner Budds asked if there was a way to ensure that it is a single family house. Director Dawson stated that a specific condition requir- ing an interior inspection of the existing dwelling could be imposed. Joseph Paconi, 5837 Oak Ave., stated that Mrs. Scherwin added a second unit on her property. She was required to have a 12' driveway and a 20 x 20 garage. She met these requirements. Since there seems to be a number of requests for variances on driveways, the Commission should take a closer look at the driveway requirements. Mr. Paconi felt that the variance should be denied. Commissioner Budds moved to close the public hearing, seconded by Commissioner Seibert and unanimously car- ried. Commissioner Griffiths did not have any objections to the concept, but did object to the variance. He stated that the Planning Commission did recommend to the City Council a change to the Zoning Code to accommodate a second unit on narrow lots. He asked what action is being taken on these recommendations by the City Coun- cil. Director Dawson stated that Council requested that staff meet with the Fire Department and further review the matter. Staff has met with the Fire Department; their policy is to permit the installation of fire sprinklers if the minimum driveway widths cannot be provided. This is consistent with the way City staff has addressed the matter in the past. Fire sprinklers are routinely required as a condition of approval if minimum driveway widths are not met. Commissioner Floyd stated that improving the front unit is desirable, but felt the Commission would be setting a precedent if they approved this variance. Commissioner Budds agreed with Commissioner Floyd and would not approve the request. • • • " Planning Commission Minutes Page 7 December 12, 198.9 Commissioner Seibert had no problem with the request and agreed that in the past more variances of this type have been approved than denied. Chairman Muto had no objection to the requested vari- ance. Commissioner Seibert moved to approve Zone Variance 89 -1009 based upon the findings and subject to the Conditions as contained in the attached draft Resolution No. 89- 1537PC, seconded by Commissioner Griffiths. ROLL CALL: Yes: Griffiths, Seibert and Muto No: Budds and Floyd. Chairman Muto stated that the request was approved and there is a 10 -day appeal period in which this case could be appealed to the City Council. C. PUBLIC HEARING: ZONING CODE AMENDMENTS GENERAL PLAN AMENDMENT 89 -3 Site: R -1, R -2, & R -3 ZONES Applicant: Request: CITY OF TEMPLE CITY 9701 LAS TUNAS DRIVE TEMPLE CITY, CA 91780 To codify provisions of Ur- gency Ordinance 89 -648U, 89- 651U -A1, and 89- 651U -A2 into the Temple City Zoning Code and the General Plan. The changes to be considered include the following: R -1 Zone - A. That the maximum Floor Area Ratio be .35 plus the garage area. B. That the second story level of a dwelling not exceed 75% of the first story. C. That all dwellings with four (4) or more bedrooms have a three car garage. Planning Commission Minutes Page 8 December 12, 1989 D. That a Conditional Use Permit be required for any single family dwelling with more than 3,500 square feet of living area. Chairman Muto stated that he would present each zone sepa- rately and allow the Commission and audience to comment after Director Dawson presented the background information for each area. Director Dawson stated that the public notice was published in the Temple City Times and continued with the presentation of the R -1 zone background information. Commissioner Floyd asked if a three car garage was needed for more than 4 bedrooms or 4 or more bedrooms. Director Dawson clarified that the requirement is for dwell- ings with more than 4 bedrooms. Dave Moore, 5930 N. Loma Ave., stated that his home is 895 square feet and he would like to add on. He met all the criteria to add on until the moratorium was imposed. A 2850 square foot house is what he would like to build. This code amendment would limit him. Arnold Groecz, 6029 Alessandro, was also opposed to the 35% FAR. He felt it should be 50% as it is for single story and felt that even excluding the garage was still very restric- tive. Gregory Butler, 218 E. Longden, Irwindale, stated that his company has done many project in Temple City. He felt the proposed ordinance was negative in that it encourage resi- dents to cover more land and create another problem for the City. He suggested making the ratio 45% for two story. He asked how the garage would be handled if a laundry room was put in and a 3 car garage. What do we do with the extra square footage. He also stated that Arcadia is considering using a sliding scale to determine buildable area. He said that the City has a lot of smaller lots and the scale would go down as the size of the lot went down. Chairman Muto asked if Mr. Butler wanted an increase on the 35 %. • • Mr. Butler stated yes. Commission Budds commented that he would prefer to see single 40 story instead of two story homes. " " Planning Commission Minutes Page 9 December 12, 1989 Mr. Gutierrez, 9622 E. Olive, would also like to add on two bedrooms. He stated he could not do this if the garage was included in the percentage. He stated that his property is 110 x 53 and building a single story would take up most of his property. Ron Brown, 9837 Miloann, agreed with the two previous gentle- men. He felt the penalty of 15% was very excessive and that taking most of land was ridiculous. R -2 Zone - A. That the maximum permitted Floor Area Ratio (F.A.R.) be .50. B. That no dwelling exceed a height of two stories or 30 feet. Director Dawson presented the background information for the R -2 zone. There were no comments from the Commission or the audience. R -3 Zone - A. That the maximum permitted Floor Area Ratio (F.A.R.) be .70. B. That no dwelling exceed a height of two stories or 30 feet. C. That the maximum General Plan density be reduced from 24 du /ac to 18 units per acre. D. That a minimum of 2,400 square feet of land area per dwelling be required. E. That no subterranean or semi - subterranean parking be permitted. F. That no three -story build- ings be permitted. Director Dawson presented the background information for the R -3 zone. Planning Commission Minutes Page 10 December 12, 1989 Louis W. Merritt, 5418 Cloverly, stated that for security reasons the subterranean driveway is good. Residents can drive directly into a garage and walk up to their condo or apartment from the garage. He also stated that with subter- ranean parking the City would have more open space. John Cambatka, 6161 Temple City Blvd., also stated that if the developer was allowed to go three stories, the developer would then be required to provide more open space. He also asked about the guest parking space requirement. Commissioner Seibert moved to close the public hearing, seconded by Commissioner Budds and unanimously carried. Commissioner Seibert had no problems with the amendment in any of the zones. He had some concern about the height limitation. He felt the lack of the ability to build that additional 5 feet would make a difference in projects. Commissioner Budds asked Director Dawson if it would actually increase the green space if we allowed three stories in R -3. Director Dawson stated that it would increase green space, but he also stated that Council had a safety concern in semi - subterranean parking. Commissioner Budds asked if what Commissioner Seibert pro- posed eliminate the problem. Director Dawson stated that the City would have taller struc- tures with less lot coverage. City Manager Koski stated you will have two floors on stilts. If you don't allow these 8 foot fills to make an entry way, you will still need to have the proper parking. Commissioner Budds stated that if that's the case, why not restrict it to two stories. He also stated that there is an overwhelming objection to these large structures in the neighborhood. He basically liked all three of the recommen- dation as written. Chairman Muto stated that residents were allowed to come for- ward and let the City know what they did not like. The comments were heard; they did not like the bulk or the height recommendations. Commissioner Griffiths had no problem with the R -2 and R -3, but felt that 15% in the R -1 was enough. It is very limiting for smaller lots. Holding to 50% on single story as an incentive . Is there a way to put that 35% to 50 %, a little bit closer. Possibly going to 40% including the garage. • • • " Planning Commission Minutes Page 11 December 12, 1989 Commissioner Budds stated that it doesn't appear that there is a problem with the 50% for single story. The problem has always been the two stories. Commissioner Floyd asked about the person who wants a larger than normal garage for hobbies or recreation vehicles, but has a smaller lot. Director Dawson stated that a detached accessory structure is not habitable space. Commissioner Seibert moved to approve recommended Zoning Code Amendments and General Plan Amendment 89 -3 and Negative Declaration, based upon the findings and subject to the Conditions as contained in the attached draft Resolution No. 89- PC1538PC, seconded by Commissioner Budds and unanimously carried. Chairman Muto stated that the Planning Commission approved recommended code amendments. These recommendations would be scheduled for a public hearing before the City Council at their regular meeting. D. PUBLIC HEARING CODE AMENDMENT /HAZARDOUS WASTE Site: CITY OF TEMPLE CITY Applicant: CITY OF TEMPLE CITY 9701 LAS TUNAS DRIVE TEMPLE CITY, CALIFORNIA 91780 Request: Review and adopt staff recom- mendation regarding Hazardous Waste Management. Director Dawson stated that the notice was published in the Temple City Times and continued with the presentation of the background information. Commissioner Seibert moved to approve recommendation regard- ing Hazardous Waste Management based upon the findings in the Staff Report, seconded by Commissioner Budds and unani- mously carried. 7. COMMUNICATIONS: NONE 8. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: NONE " 9. MATTERS FROM CITY OFFICIALS: CLARIFICATION OF AMBIGUITY: TOWING SERVICE IN C -2 ZONE Planning Commission Minutes Page 12 December 12, 1989 Director Dawson presented the background information stating that an application to establish a towing business in the C -2 Zone was denied because a towing service is not a listed permitted use. The applicant disagrees with staff's inter- pretation that it is not permitted. Commissioner Seibert asked if the Pit Stop was operating under a Conditional Use Permit. Director Dawson stated it was a use that was "grandfathered" in. Commissioner Seibert asked if there were some restrictions on the hours of operation. Director Dawson said no. Commissioner Seibert asked if there was any way we can con- trol the hours. Director Dawson stated an ordinance could be proposed re- stricting all hours of auto repair shops. Commissioner Budds asked if there are any other towing serv- ices in the C -2 zone. Director Dawson stated no. Commissioner Floyd asked if there was a restriction on keep- ing vehicles out of sight and if the applicant performs body work or just repairs. Director Dawson stated that the applicant just does automo- bile repairs. There also have been property nuisance prob- lems with the amount of time vehicles are being stored on the property. Commissioner Seibert stated that the property has been a problem. Ron Little, 9901 Las Tunas Drive, stated that the property has been a problem and a thorn in the City's side, but in the 2 -1/2 years he has made a lot of changes. There is quit a bit of turn over. He stated that the towing service was for pick up and delivery of cars only. This use is not under M -1 zone, but under C -2 zone, a taxi service could be used to classify a towing service. He did not feel the business should be placed in a "storage" zone if he is not storing vehicles. • • • " " Planning Commission Minutes Page 13 December 12, 1989 Commissioner Griffiths asked if the vehicles are flatbed trucks. Mr. Little answered that one is a flat bed. Commissioner Budds asked why the businesses are separate if the towing is used for the original business. Mr. Little stated that they are two separate businesses. He is the sole owner of the towing business and a partner in the auto repair business. He also stated that a car might come in for repairs and need parts which sometimes takes up to 72 hours to obtain. He agreed that it is unsightly and that he has tried to put things behind the fence, but have had prob- lems accomplishing it. Commissioner Griffiths stated that he sees it as a collection business. Mr. Little stated that he did not want to do a storage busi- ness. Commissioner Budds asked if it would increase Mr. Little's business. Mr. Little stated that it would increase his towing business. Commissioner Budds asked if the large gas station at Oak and Las Tunas wanted to become a towing service and by clarifying ambiguity, would that no allow him to tow also. Director Dawson stated that it would. Commissioner Seibert felt that if the Commission agrees to allow towing in the C -2 zone for Mr. Little, then we are opening it to all businesses in the C -2 zone. He agreed with Staff's recommendation. Commissioner Budds agreed, stating that the Commission needed to look at the C -2 zone in the macro -sense and not just at his individual business. Mr. Little stated that towing is like a taxi service. Commissioner Seibert stated that it is a taxi service. Commissioner Budds stated that maybe the taxi service should be located in the M -1 zone. Commissioner Seibert moved to clarify that a towing service is not permitted in the C -2 zone, seconded by Commissioner Budds and unanimously carried. Planning Commission Minutes December 12, 1989 Page 14 City Manager Koski stated that this will be heard by the City Council at their regularly scheduled meeting. 10. ADJOURNMENT: As there was no further business, Chairman Muto adjourned the meeting at 9:51 p.m. The next regular meeting of the Plan- ning Commission will be held on Tuesday, January 9, 1990, at 7:30 P.M. in the Council Chamber, 5938 North Kauffman Avenue, Temple City. Chairman • •