HomeMy Public PortalAboutMinutes - 1994/01/25 - RegularPLANNING COMMISSION
TEMPLE CITY, CALIFORNIA
JANUARY 25, 1994
INITIATION:
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL:
Present: Commissioners Keelin, Muto, Seibert, Griffiths
and Souder
Also Present: City Attorney Martin, Community Development
Director Dawson, Associate Planner Kates
4. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: NONE
5. CONSENT CALENDAR:
A. APPROVAL OF MINUTES - Meeting of January 11, 1994
Commissioner Seibert requested that the Minutes (Page 3,
paragraph 7) be corrected to state, "Commissioner Seibert
could not approve the project as it did not meet the
necessary requirements... "; and (Page 4, paragraph 9)
"Commissioner Seibert indicated his concern that the
Zoning Code minimum option for three off - street parking
spaces... ". Vice- Chairman Griffiths moved to approve
the Minutes as amended, seconded by Commissioner Seibert
and unanimously carried.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARING: CONDITIONAL USE PERMIT 93 -1191
ZONE VARIANCE 93 -1192
Site: 9604 -9606 LOWER AZUSA ROAD
Owner /Applicant: CHENG YI LO
9604 -9606 LOWER AZUSA ROAD
TEMPLE CITY, CALIFORNIA 91780
Request:
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A conditional use permit and zone
variance to allow the division of an
existing 2,066 square foot commer-
cial unit into two units without
providing additional required off-
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P l a n n i n g C o m m i s s i o n M i n u t e s P a g e 2
D a t e o f H e a r i n g : J a n u a r y 2 5 , 1 9 9 4
s t r e e t p a r k i n g w i t h i n a n e x i s t i n g
c o m m e r c i a l c e n t e r i n t h e G e n e r a l
C o m m e r c i a l ( C - 2 ) z o n e .
C o m m u n i t y D e v e l o p m e n t D i r e c t o r D a w s o n s t a t e d t h i s i t e m
w a s c o n t i n u e d f r o m t h e P l a n n i n g C o m m i s s i o n m e e t i n g o f
J a n u a r y 1 1 , 1 9 9 4 . N o t i c e s w e r e a g a i n m a i l e d t o p r o p e r t y
o w n e r s w i t h i n 5 0 0 f e e t o f t h e s u b j e c t s i t e . D i r e c t o r
D a w s o n p r o v i d e d t h e b a c k g r o u n d i n f o r m a t i o n c o n t a i n e d i n
t h e s t a f f r e p o r t d a t e d J a n u a r y 2 5 , 1 9 9 4 . A v i d e o o f t h e
s i t e w a s s h o w n .
D i r e c t o r D a w s o n e x p l a i n e d t h a t u p o n t h e b u s i n e s s l i c e n s e
i n s p e c t i o n , s t a f f d i s c o v e r e d t h a t a w a l l h a d b e e n
i n s t a l l e d b e t w e e n t h e s e t w o u n i t s a n d d r y w a l l e d i n .
T h e r e i s n o w o n l y a r e a r a c c e s s t o t h e s e c o n d u n i t . T h e
a p p l i c a n t c o n s e q u e n t l y a p p l i e d f o r a v a r i a n c e . T h i s
a l t e r a t i o n r e s u l t e d i n a 2 7 p a r k i n g s p a c e d e f i c i e n c y .
T w o a d d i t i o n a l c o n d i t i o n s t o t h e r e q u e s t e d z o n e v a r i a n c e
a r e r e c o m m e n d e d b y s t a f f : 1 ) t h e p r o p e r t y o w n e r s h a l l
a p p l y f o r a s e p a r a t e C . U . P . t o d e m o l i s h t h e d w e l l i n g
l o c a t e d o n t h e R - 3 l o t i m m e d i a t e l y t o t h e s o u t h , a d -
d r e s s e d a s 4 5 1 0 T e m p l e C i t y B o u l e v a r d , a n d a g r e e t o
u t i l i z e t h i s l o t e x c l u s i v e l y f o r a d d i t i o n a l o f f - s t r e e t
p a r k i n g a n d l a n d s c a p i n g , a n d 2 ) t h e l o a d i n g a r e a a t t h e
r e a r o f t h e e x i s t i n g c o m m e r c i a l b u i l d i n g s h a l l b e r e m o v e d
a n d t h e p a r k i n g a r e a r e d e s i g n e d t o p r o v i d e a d d i t i o n a l
o f f - s t r e e t p a r k i n g .
S t a f f p r e s e n t e d t h e e x i s t i n g s i t e p l a n a n d l a y o u t o f
p a r k i n g . A s a m p l e p a r k i n g l a y o u t s h o w e d h o w t h e e l i m i n a -
t i o n o f t h e e x i s t i n g l o a d i n g d o c k b e h i n d t h e b u i l d i n g a n d
d e m o l i s h i n g t h e d w e l l i n g c r e a t e d n i n e a d d i t i o n a l p a r k i n g
s t a l l s f o r a t o t a l o f 3 8 s p a c e s , w h i c h w o u l d b r i n g t h e
s u b j e c t s i t e i n t o c o n f o r m a n c e w i t h t h e p a r k i n g r e q u i r e -
m e n t s , u s i n g t h e t h r e e p a r k i n g s p a c e s p e r u n i t s c e n a r i o ,
a n d w o u l d i m p r o v e t h e c u r r e n t s h o r t a g e o f p a r k i n g .
C h a i r m a n S o u d e r q u e s t i o n e d s t a f f ' s l a y o u t r e g a r d i n g t h e
t w o h a n d i c a p p e d p a r k i n g s p a c e s a t t h e s o u t h w e s t c o r n e r o f
t h e p r o p e r t y , w h e t h e r t h e y s h o u l d b e p l a c e d i n s t e a d a t
t h e b a c k o f t h e b u i l d i n g . .
D i r e c t o r D a w s o n a n s w e r e d t h a t m o s t c u s t o m e r s e n t e r f r o m
t h e f r o n t o f t h e b u s i n e s s e s a n d t h e r e a r e n t r a n c e s a r e
m a i n l y u s e d b y o w n e r s .
"
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Planning Commission Minutes Page 3
Date of Hearing: January 25, 1994
Commissioner Muto asked if the alley on the east side of
the property off Lower Azusa Road is a public alley.
Director Dawson answered it is.
There being no further questions, Chairman Souder opened
the public hearing.
Robert J. Steiner, 5608 Persimmon Avenue, represented
Mrs. Lo. He understood that due to the second unit, the
Planning Commission is requiring an additional 7 -14
parking spaces, however, there is no increase in square
footage, only installation of a front entrance. Mr.
Steiner believed that, with the second unit addition,
only 3 parking spaces are required. The applicant
receives revenue from the property at 4510 Temple City
and does not wish to demolish it. He felt no overflow of
parking now exists.
George Elias, 9608 Lower Azusa Road, said most of the
time, there is adequate parking and had no objections to
the project.
There being no one else to speak, Vice - Chairman Griffiths
moved to close the public hearing, seconded by Commis-
sioner Seibert and unanimously carried.
Commissioner Seibert stated the parking requirements are
reasonable and the division of this building will
generate more parking. He would not agree with demolish-
ing the house as parking requirements would still not be
met. He could not approve the zone variance.
Commissioner Keelin appreciated staff's proposal and
agreed to the project if the house were demolished.
Commissioner Muto said the divided unit will require at
least 3 parking spaces to meet the Code. However, the
applicant is not willing to comply. He could not approve
the project.
Vice - Chairman Griffiths stated that problems relating to
the parking at this site have come before the Planning
Commission a number of times. If the applicant complied
with demolishing the house to increase parking, he would
approve the variance.
Chairman Souder could not make the findings.
Planning Commission Minutes Page 4
Date of Hearing: January 25, 1994
Commissioner Seibert moved to deny Conditional Use Permit
93 -1191 and Zone Variance 93 -1192, seconded by Vice -
Chairman Griffiths and passed by roll call:
Ayes:
Noes:
Commissioners Seibert, Griffiths and Souder
Commissioners Keelin and Muto
Chairman Souder explained the applicant had 10 days to
appeal the action of the Planning Commission to the City
Council.
7. NEW BUSINESS:
A. PUBLIC HEARING: ZONE VARIANCE 94 -1193
Site: 10820 -10822 DAINES DRIVE
Owner /Applicant: IVAN AND MELBA VINTIMILLA
10820 DAINES DRIVE
TEMPLE CITY,CALIFORNIA 91780
Request: A zone variance to allow the con-
struction of a 17 foot by 44 foot
carport along the west property line
rather than the required 5 feet
therefrom and with a 14 foot vehicu-
lar backup distance rather than the
required 25 feet. The carport would
be located 30 feet from the front
property line in the Light Multiple
Residential (R -2) Zone.
Community Development Director Dawson stated that notices
were mailed to property owners within 300 feet of the
subject site. Associate Planner Kates provided the back-
ground information contained in the staff report dated
January 25, 1994. A video of the site was shown.
Associate Planner Kates stated this item is an outgrowth
of a Code Enforcement issue. Construction of the carport
was begun without permits and does not meet the City's
Zoning Code. The property currently has a 2 -car garage
and one guest parking space. Staff could not make the
necessary findings for a zone variance and there are no
special circumstances. The project could be redesigned
to meet the property owner's needs.
Vice - Chairman Griffiths stated no proposed fire wall was
shown on the applicant's plans.
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Planning Commission Minutes Page 5
Date of Hearing: January 25, 1994
There being no questions, Chairman Souder opened the
public hearing.
Melba Vintimilla, 10820 Daines Drive, Stated she needs
tenant parking spaces which are protected from the
elements. They now have enough parking for two cars.
Other similar properties within the 300 foot radius of
her property have carports which are constructed on the
property line. Mrs. Vintimilla gave photographs of
similarly situated properties to the Commission as well
as the proposed carport. The proposed carport would have
poles for support and no walls.
Commissioner Seibert asked how long the applicant has
resided at this property.
Mrs. Vintimilla answered nine and one -half years.
Commissioner Seibert asked when the carport was built.
Mrs. Vintimilla answered they began to build the carport
2 months ago and were going to take plans to the Building
Department for a permit. Only the support poles are up
and they replaced a deteriorated wood wall.
Vice - Chairman Griffiths asked if the proposed carport
will have open sides and a solid roof.
Mrs. Vintimilla said yes.
Director Dawson indicated that one picture shows the
carport coming off from the house. Possibly the roof
line of the house could be extended to create a carport
5 foot from the property line. This would provide
parking for 2 -3 cars to park under.
Mrs. Vintimilla said cars would not have access to the
rear house.
There being no one else to speak, Commissioner Seibert
moved to close the public hearing, seconded by Vice -
Chairman Griffiths and carried unanimously.
Vice - Chairman Griffiths asked staff what would be the
fireproofing requirements for a solid roofed carport with
no walls.
Associate Planner Kates answered if a garage structure is
located on the property line, it would need to be made of
Planning Commission Minutes Page 6
Date of Hearing: January 25, 1994
a solid block wall or other fire retardant materials to
qualify for one hour fire construction.
Vice - Chairman Griffiths asked what kind of roof is
required when there are no walls.
Commissioner Seibert said roofing materials would be made
of materials acceptable to the Building official and
complies with the building codes.
Chairman Souder asked if a roof is near the property
line, would it have to have a one -hour wall?
Commissioner Seibert said yes. If it is only roofed, the
underside would need to be 1/2" drywall to provide one
hour fireproofing.
Director Dawson said if the Commission approved the
project, staff would add a condition requiring a one hour
wall.
Vice - Chairman Griffiths stated the carport is too close
to the sideyard setback and he could not make the
findings to approve the project. He advised the appli-
cant that if the main intent for the carport was to
shelter vehicles from the rain, this project could
probably be redesigned so as to not require a variance.
Commissioner Muto could not make the findings and stated
that the character of the area is single family and the
5 foot sideyard setback should be adhered to.
Commissioner Keelin agreed, adding a 14 foot backup
distance is not adequate.
Commissioner Seibert and Chairman Souder also agreed.
Vice - Chairman Griffiths moved to deny Zone Variance 94-
1193, seconded by Commissioner Keelin and unanimously
carried.
Chairman Souder explained to the applicant that he had 10
days to appeal the action of the Planning Commission to
the City Council.
Mrs. Vintimilla asked why a fire wall is required.
Chairman Souder answered because the carport is located
closer than three feet to the property line.
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P l a n n i n g C o m m i s s i o n M i n u t e s P a g e 7
D a t e o f H e a r i n g : J a n u a r y 2 5 , 1 9 9 4
B . P U B L I C H E A R I N G :
C O D E A M E N D M E N T R E L A T I V E T O T H E
' C I T Y ' S P U B L I C P A R K I N G F A C I L I -
T I E S
S i t e : P A R K I N G D I S T R I C T S
A p p l i c a n t :
R e q u e s t :
C I T Y O F T E M P L E C I T Y
9 7 0 1 L A S T U N A S ' D R I V E
T E M P L E C I T Y , C A L I F O R N I A 9 1 7 8 0
A Z o n i n g C o d e a m e n d m e n t a n d
M u n i c i p a l C o d e A m e n d m e n t t o
u p d a t e a n d c l a r i f y t h e P l a n n i n g
C o m m i s s i o n d u t i e s a n d r e s p o n s i -
b i l i t i e s r e l a t i v e t o t h e C i t y ' s
p u b l i c p a r k i n g f a c i l i t i e s . W h e n
t h e P a r k i n g C o m m i s s i o n w a s
d i s e s t a b l i s h e d o n D e c e m b e r 3 1 ,
1 9 8 4 , t h e T r a f f i c C o m m i s s i o n
a s s u m e d t h e i r d u t i e s a n d
r e s p o n s i b i l i t i e s ; w h e n t h e
T r a f f i c C o m m i s s i o n w a s
d i s e s t a b l i s h e d o n J u n e 3 0 ,
1 9 9 3 , t h e P l a n n i n g C o m m i s s i o n
w a s a s s i g n e d t h e P a r k i n g
C o m m i s s i o n d u t i e s a n d
r e s p o n s i b i l i t i e s . T h i s C o d e
A m e n d m e n t w i l l u p d a t e t h e C i t y
C o d e s r e l a t i v e t o j u r i s -
d i c t i o n o v e r t h e p u b l i c p a r k i n g
l o t s .
C o m m u n i t y D e v e l o p m e n t D i r e c t o r D a w s o n s t a t e d t h a t n o t i c e s
w e r e m a i l e d t o p r o p e r t y o w n e r s w i t h i n 3 0 0 f e e t o f t h e
s u b j e c t s i t e . D i r e c t o r D a w s o n p r o v i d e d t h e b a c k g r o u n d
i n f o r m a t i o n c o n t a i n e d i n t h e s t a f f r e p o r t d a t e d J a n u a r y
2 5 , 1 9 9 4 .
D i r e c t o r D a w s o n s a i d t h e o r i g i n a l M u n i c i p a l C o d e s e c t i o n s
a r e a n t i q u a t e d r e l a t i n g t o t h e d u t i e s a n d r e s p o n s i -
b i l i t i e s o f t h e P l a n n i n g C o m m i s s i o n i n r e g a r d s t o
j u r i s d i c t i o n o v e r t h e p u b l i c p a r k i n g l o t s . T h e o r i g i n a l
M u n i c i p a l C o d e s e c t i o n s r e l a t i n g t o t h i s m a t t e r w e r e
d e l e t e d a n d n e w s e c t i o n s w e r e t r a n s f e r r e d t o t h e Z o n i n g
C o d e .
" T h e r e b e i n g n o q u e s t i o n s , C h a i r m a n S o u d e r o p e n e d t h e
p u b l i c h e a r i n g . N o o n e c a m e f o r w a r d .
Planning Commission Minutes Page 8
Date of Hearing: January 25, 1994
Commissioner Muto moved that the Planning Commission
adopt Resolution 94 -PC, seconded by Commissioner Keelin
and unanimously carried.
8. COMMUNICATIONS: NONE
9. MATTERS FROM CITY OFFICIALS
A. Director Dawson stated that the Financial Services
Department supplied a list of new business licenses which
have been issued for the month of November and a report
of the most recent economic development, as requested by
the Planning Commission. The reports show how the City
is attempting to revitalize business.
City Manager Ovrom stated that the Silo store is planned
for closure by the end of January. Only two Silo stores
will remain open in California.
B. Director Dawson shared a newspaper article regarding
Assistant Planner Greg Turner and his family during the
recent earthquake.
C, Chairman Souder reminded the Commissioners to inform the
secretary of their plans to attend the Planners Institute
March 9 -11.
10. ADJOURNMENT
There being no further business, Chairman Souder adjourned the
meeting at 8:30 p.m. The next regular meeting of the Planning
Commission will be held on Tuesday, February 8, 1994, at 7:30
p.m. in the Council Chamber, 5938 Kauffman Avenue, Temple
6"7 City.
ATTEST:
Secretary
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