HomeMy Public PortalAboutMinutes - 1994/07/26 - Regular"
P L A N N I N G C O M M I S S I O N
T E M P L E C I T Y , C A L I F O R N I A
J U L Y 2 6 , 1 9 9 4
I N I T I A T I O N :
1 . C A L L T O O R D E R
2 . P L E D G E O F A L L E G I A N C E T O T H E F L A G
3 . R O L L C A L L :
P r e s e n t : C o m m i s s i o n e r s E v a n s , L a r s o n , M u t o , a n d
G r i f f i t h s
A b s e n t : C o m m i s s i o n e r S e i b e r t
A l s o P r e s e n t : C i t y A t t o r n e y / I n t e r i m C i t y M a n a g e r M a r t i n ,
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 ,
A s s o c i a t e P l a n n e r K a t e s , P l a n n i n g A i d e L o p e z
V i c e - C h a i r m a n M u t o m o v e d t o e x c u s e C o m m i s s i o n e r S e i b e r t f o r
c a u s e a s p r i o r n o t i c e w a s g i v e n , s e c o n d e d b y C o m m i s s i o n e r
" E v a n s a n d u n a n i m o u s l y c a r r i e d .
4 . T I M E F O R T H O S E I N T H E A U D I E N C E W H O W I S H T O S P E A R :
"
R o n B e i r , 4 8 1 0 H a l l o w e l l A v e n u e , a s k e d f o r i n f o r m a t i o n
r e g a r d i n g a d d i n g a s e c o n d d w e l l i n g o n h i s l o t . - D i r e c t o r
D a w s o n i n d i c a t e d t h a t i n p a s t y e a r s t h e z o n i n g w a s c h a n g e d a n d
s t a f f w o u l d a s s i s t h i m i n t h e C i t y H a l l .
5 . C O N S E N T C A L E N D A R :
A . A P P R O V A L O F M I N U T E S - M e e t i n g o f J u l y 1 2 , 1 9 9 4
C o m m i s s i o n e r L a r s o n m o v e d t o a p p r o v e t h e M i n u t e s a s
w r i t t e n , s e c o n d e d b y C o m m i s s i o n e r E v a n s a n d u n a n i m o u s l y
c a r r i e d .
6 . U N F I N I S H E D B U S I N E S S : N O N E
7 . N E W B U S I N E S S :
A . P U B L I C H E A R I N G : G E N E R A L P L A N A M E N D M E N T 9 4 - 2
Z O N E C H A N G E 9 4 - 1 2 0 3
S i t e : 4 8 1 0 - 4 8 2 1 D O R E E N A V E N U E
4 8 0 9 - 4 8 2 0 H A L I F A X R O A D
Planning Commission Minutes Page 2 411
Date of Hearing: July 26, 1994
Property Owners/
Applicant:
PROPERTY OWNERS OF 4810 -4821 DOREEN
AVENUE AND 4809 -4820 HALIFAX ROAD
TEMPLE CITY, CALIFORNIA 91780
Request: A petition was submitted by the
property owners of 4810 -4821 Doreen
Avenue and 4809 -4820 Halifax Road
for a General Plan Amendment and
Zone Change to redesignate and
reclassify their properties from Low
Density Residential (R -1) to Medium
Density Residential (R -2).
Community Development Director Dawson stated that a
notice was mailed to residents within 500 feet of the
subject site and a notice was duly published in the
newspaper. Director Dawson gave the background
information contained in the staff report dated July 26,
1994.
Director Dawson stated the twelve lots in question are
the remainder of eighteen lots considered for
redesignation by the City Council in 1988. A recent
resident petition requests that these lots be changed
from R -1 to R -2. Currently, the twelve lots can only
build one dwelling unit per lot. A redesignation would
allow an additional eight to ten additional units in this
area. Staff recommended approval of this General Plan
Amendment and Zone Change as there are several existing
R -2 properties in the area along Lower Azusa Road.
Director Dawson stated that several resident letters were
received from area property owners who were for and
against the zone change. Letters received for approval
were from:
Wanda and Sylvester Tucker, 4810 Halifax Road,
Mr. and Mrs. Philip Cosillo, 4820 Halifax Road,
John Wordes, 10405 and 10411 Lower Azusa Road,
James and Joann Moody, 4821 Doreen Avenue,
Serajani Dass, 4815 Halifax Road.
One letter was received requesting denial, from Hugo
Calderone, 10451 Mulhall Street, #37, El Monte.
There being no questions from the Commission, Chairman
Griffiths opened the public hearing. Those in favor were
invited to speak.
George Whipperman, 4810 Doreen Avenue, stated he is the
petition leader. His property is next to the In and Out
411 Planning Commission Minutes Page 3
Date of Hearing: July 26, 1994
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Burger. Many of the neighbors believed these properties
were changed to R -2 by the City Council in 1988. Many of
the properties back up to commercial properties. Mr.
Whipperman asked that the Planning Commission allow the
property owners on Doreen Avenue and Halifax Road the
same classifications as approved for the residents on
Hallowell Avenue in 1988.
Chairman Griffiths invited those in opposition to speak.
Jack Rizuto, 10629 E. Roseglen Street, has lived in this
house for forty years. He believed the subject
properties were already R -2.
Director Dawson answered that the records show that prior
to 1986 -87, the General Plan showed it was R -2, medium
density, however, the zoning was R -1. The staff brought
the General Plan and Zoning Code into consistency.
Director Dawson explained the square footage building
requirements for an R -1 and R -2 zone. Within the subject
properties, only eight lots qualify for one additional
unit, unless several lots were purchased and redeveloped.
Adriana Holt, 10600 Fairhall Street, stated her property
backs up to the subject Doreen properties. She would be
affected by three of the properties, and is concerned
with an increase of traffic and was not in favor. She
asked if an R -1 zone allows for a guest home.
Director Dawson answered a guest house may not exceed 640
square feet, cannot be used as a rental and may not
contain a kitchen. A guest house would be allowed on an
R -1 lot. However, R -2 zoning would allow the addition of
a second residence.
Ms. Holt asked if the alley would be affected by
increased traffic from a second dwelling at 4810 Doreen
Avenue.
Director Dawson answered that a second residence could
possibly take access from the alley.
Raymond Sumida, 4829 Halifax Road, had a concern that
twelve properties were requesting rezoning at once. The
combined affect of additional dwellings would create
additional commercial and residential traffic.
Additionally, the Midway Shopping Center, when renovated,
will create additional traffic throughout the area.
Three properties on the west side of Halifax Road could
not add a unit based upon the lot size and should not be
Planning Commission Minutes Page 4 40
Date of Hearing: July 26, 1994
included in the rezoning to R -2. He asked the Planning
Commissioners to consider any potential economic or
school impact upon rezoning.
David Holt, 13391 Saddle Lane, Chino, stated that staff
informed him that lot 69, 4820 Doreen Avenue, was also
too small to build a second lot.
Director Dawson affirmed.
George Whipperman stated that property owners from the
north ends of Doreen Avenue and Halifax Road did not come
to this meeting because many properties are already R -2.
There have been no problems with this zoning.
Chairman Griffiths stated those properties are not zoned
R -2, but were developed before the Zoning Code was
established and are now non - conforming.
There being no one else to speak for or against,
Commissioner Evans moved to close the public hearing,
seconded by Vice - Chairman Muto and unanimously carried.
Vice - Chairman Muto felt that commercial zoning adjacent
to a single - family neighborhood was not good zoning
practice and could approve this request.
Commissioner Evans could approve this request.
Commissioner Larson did not feel a change was necessary
and stated that only four General Plan changes are
allowed during a calendar year. Is this really
important?
Director Dawson answered that no other changes are
foreseen at this time.
Chairman Griffiths felt this proposal to be timely and it
separates commercial from single - family properties. Four
properties cannot add a second dwelling due to the lot
size and he did not foresee that other properties would
change immediately. He could approve the request.
Commissioner Larson asked what affect an approval will
create upon the City.
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Planning Commission Minutes Page 5
Date of Hearing: July 26, 1994
Director Dawson answered that there are existing R -2
zoned blocks similarly situated in the vicinity. Also,
a property owner may already build a two -story house in
the R -1 Zone.
Vice - Chairman Muto moved that the Planning Commission
adopt a resolution to recommend General Plan Amendment
94 -2 and Zone Change 94 -1203, seconded by Commissioner
Evans and unanimously carried by the following roll call
vote:
Ayes: Commissioners Evans, Larson, Muto and
Griffiths
Noes: None
Absent: Commissioner Seibert
Chairman Griffiths stated that this General Plan
Amendment will be considered by the City Council on
August 16, 1994. A notice will be sent to the applicable
property owners.
B. PUBLIC HEARING: ZONE VARIANCE 94 -1204
Site: 4505 TEMPLE CITY BOULEVARD
Owner /Applicant: REGINA MAN KIM WOO
15451 E. HOLLIS STREET
HACIENDA HEIGHTS, CALIFORNIA 91745
Request: A zone variance to permit the
conversion of an existing bedroom
into two bedrooms. This would
increase the total bedroom count to
five (5) which requires a three car
garage rather than a two car garage
as proposed in the Single Family
(R -1) Zone.
Community Development Director Dawson stated that notices
were mailed to property owners within 300 feet of the
subject site and provided the background information
contained in the staff report dated July 26, 1994.
Director Dawson stated this dwelling consists of a total
2,930 square feet. The applicant proposes to split a
23' -6" x 11'6" bedroom into two bedrooms approximately
12' x 11' -6" and 11' -6" x 11' -6 ". Based on the Zoning
Code, the addition of a fifth bedroom would require the
provision of a three car garage. However, the property
is a corner lot which tends to take up more of the
Planning Commission Minutes Page 6 411
Date of Hearing: July 26, 1994
property than does a rectangular lot. Staff recommends
approval of this request due to special circumstances.
No additional square footage will be added and denial of
this request would deprive the property owner of the
privileges enjoyed by other property owners in the
vicinity.
There being no questions from the Commission, Chairman
Griffiths opened the public hearing.
Joe Moreno, 12189 Fineview Street, El Monte, stated that
the applicants bought this property as a foreclosure.
The property was in the construction phase. Numerous
building requirements amounting to $50,000 were
unfinished. The applicant believed this was a five
bedroom home, hence they have now applied for a zone
variance.
Associate Planner Kates explained that the prior property
owners requested a variance in regard to the floor area
ratio. The Planning Commission approved a .45 floor area
ratio rather than .35 in the R -1 zone, for a four bedroom
house. The prior property owner apparently ran out of
funds. The permits expired and foreclosure resulted from
lack of funds. Staff made the new owner /applicant aware
that this was a four bedroom house and new permits were
issued to complete a four bedroom house. The applicant
is now requesting to split a bedroom into two.
Chairman Griffiths asked when the large bedroom was
framed as two separate units.
Mr. Moreno answered this was prior to the new owners
purchasing the property. It is awaiting the Planning
Commission's approval prior to drywalling.
Commissioner Evans asked if the City Building Inspector
inspected the dwelling before or after the sale.
Associate Planner Kates was not aware, however, the
Building Inspector was requested by the new property
owners to determine the status of construction.
Mr. Moreno stated this is a Planning issue, and the
Building Inspector would only be cognizant of building
and safety factors.
Director Dawson stated that perhaps a substitute building
inspector overlooked the framed in closets, or maybe the
bedroom split was bootlegged in.
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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 u l y 2 6 , 1 9 9 4
T h e r e b e i n g n o o n e e l s e t o s p e a k f o r o r a g a i n s t , C h a i r m a n
G r i f f i t h s c l o s e d t h e p u b l i c h e a r i n g .
C o m m i s s i o n e r E v a n s d i d n o t f e e l a f i f t h b e d r o o m c r e a t e d
a p r o b l e m i n t h i s u n i q u e c a s e . H e i n f o r m e d s t a f f o f a
n e w c u r b c u t f o r a s e c o n d a r y d r i v e a p p r o a c h .
C o m m i s s i o n e r E v a n s c o u l d a p p r o v e t h i s z o n e v a r i a n c e
a p p l i c a t i o n .
C o m m i s s i o n e r L a r s o n s t a t e d a s t h e c l o s e t w a l l s a r e
a l r e a d y i n a n d t h i s d w e l l i n g i s u n d e r t a k i n g a l a r g e
u p g r a d e , h e c o u l d a p p r o v e t h i s a p p l i c a t i o n .
V i c e - C h a i r m a n M u t o c o u l d m a k e t h e f i n d i n g s .
C h a i r m a n G r i f f i t h s d i s a g r e e d w i t h t h e p r i o r a p p l i c a n t ' s
c o n s t r u c t i o n o f a b o o t l e g g e d f i f t h b e d r o o m , h o w e v e r , i t
w a s n o t o b s e r v e d e a r l i e r . T h e Z o n i n g C o d e d o e s r e q u i r e
a d d i t i o n a l g a r a g e s p a c e f o r f i v e b e d r o o m s . I n t h i s
i n s t a n c e , h o w e v e r , h e c o u l d m a k e t h e f i n d i n g s f o r
a p p r o v a l b e c a u s e o f t h e s p e c i a l c i r c u m s t a n c e s .
V i c e - C h a i r m a n M u t o m o v e d t h a t t h e P l a n n i n g C o m m i s s i o n
a d o p t a r e s o l u t i o n t o a p p r o v e Z o n e V a r i a n c e 9 4 - 1 2 0 4 ,
s e c o n d e d b y C o m m i s s i o n e r L a r s o n a n d u n a n i m o u s l y c a r r i e d .
C h a i r m a n G r i f f i t h s s t a t e d t h a t t h e r e i s a 1 0 - d a y p e r i o d
i n w h i c h a n y o n e m a y a p p e a l t h e d e c i s i o n o f t h e P l a n n i n g
C o m m i s s i o n t o t h e C i t y C o u n c i l .
C . P U B L I C H E A R I N G : Z O N E V A R I A N C E 9 4 - 1 2 0 5
S i t e : 5 3 3 8 C A M E L L I A A V E N U E
O w n e r / A p p l i c a n t : C H A R L E S M I C H A E L T H O M A S
5 3 3 8 C A M E L L I A A V E N U 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
R e q u e s t : A z o n e v a r i a n c e t o p e r m i t t h e
c o n s t r u c t i o n o f a r o o m a d d i t i o n
w h i c h w o u l d i n c r e a s e t h e t o t a l
b e d r o o m c o u n t t o f i v e ( 5 ) w h i c h
r e q u i r e s a t h r e e c a r g a r a g e r a t h e r
t h a n a t w o c a r g a r a g e a s p r o p o s e d i n
t h e S i n g l e F a m i l y ( R - 1 ) 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 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 a n d 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 u l y 2 6 , 1 9 9 4 .
Planning Commission Minutes
Date of Hearing: July 26, 1994
Page 8
411
Director Dawson stated the total dwelling square footage
is 2,320. The subject room addition would add 180 square
feet and create a fifth bedroom on the rear of the
dwelling, accessible from the family room. The Zoning
Code requires a three car garage for five bedrooms.
Staff recommends approval of this zone variance as the
narrowness and size of the lot could deprive the property
owner of the privileges enjoyed by other property owners
in the vicinity.
There being no questions from the Commission, Chairman
Griffiths opened the public hearing.
Melinda Thomas, 5338 Camellia Avenue, stated they have
four children and would like to provide a bedroom for
each child. She asked for approval.
There being no one else to speak for or against, Chairman
Griffiths moved to close the public hearing.
Commissioner Larson stated this property has no space to
add a third car garage. He could make the findings.
Vice - Chairman Muto concurred.
Commissioner Evans concurred.
Chairman Griffiths stated the requirement for three
parking places could be met by utilizing the allotted
driveway spaces. He could make the findings to approve
this request.
Commissioner Larson moved that the Planning Commission
adopt a resolution to approve Zone Variance 94 -1205,
seconded by Commissioner Evans and unanimously carried.
Chairman Griffiths stated that there is a 10 -day period
in which anyone may appeal the decision of the Planning
Commission to the City Council.
S. COMMUNICATIONS: NONE
9. MATTERS FROM CITY OFFICIALS:
A. Chairman Griffiths asked City Attorney Martin to explain
to the new Commissioners how to make the findings. City
Attorney Martin stated the three findings are: 1) You
must have substantial evidence, 2) The substantial
evidence must justify that the property is unique and 3)
You must make the findings that the property is, in fact,
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Planning Commission Minutes Page 9
Date of Hearing: July 26, 1994
unique. The findings must prove that, without a zone
variance or conditional use permit, a property owner
would not receive a benefit that other property owners
receive. There must be a proven hardship, not a request
based upon convenience only. City Attorney Martin also
discussed how variances and conditional use permits are
required according to the Zoning and Municipal Codes.
B. FAST TRACK PERMITTING
Director Dawson stated that the Planning Commissioners
were provided a memo prepared by Councilmember Breazeal
to the City Council on July 19, 1994, relative to
streamlining the permitting process. He explained that
a C.U.P. is required for a use that warrants special
consideration and may include conditions of approval.
Staff will bring a list of uses which require a C.U.P. to
the Planning Commission for review and study. The
Commission may determine that some uses should be deleted
from the C.U.P. process in order to streamline the
permitting process.
B. PROPERTY (SITE) NUISANCES
Director Dawson stated that the Planning Commissioners
were provided a second memo prepared by Councilmember
Breazeal to the City Council on July 19, 1994. Several
years ago, the Planning Commissioners routinely reviewed
property nuisance code enforcement cases. These are now
handled solely by one staff member and compliance can be
difficult. Councilmember Breazeal has asked that, in the
future, the more severe property nuisances be brought
before the Planning Commission for a public nuisance
hearing. The Planning Commission action would be
reviewed by the City Council.
Chairman Griffiths indicated that the Commissioners
should review the Code sections relating to code
enforcement.
10. ADJOURNMENT
There being no further business, Chairman Griffiths adjourned
the meeting at 9:20 p.m. The next regular meeting of the
Planning Commission Minutes
Date of Hearing: July 26, 1994
Page 10 40
Planning Commission will be held on Tuesday, August 9, 1994,
at 7:30 p.m. in the Council Chamber, 5938 Kauffman Avenue,
Temple City.
ATTEST:
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