HomeMy Public PortalAboutMinutes - 1995/11/28 - Regular"
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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
M I N U T E S
N O V E M B E R 2 8 , 1 9 9 5
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 B r o o k , L a r s o n , G r i f f i t h s , S e i b e r t
A b s e n t : M u t o
A l s o P r e s e n t : C i t y M a n a g e r R i l e y , C i t y A t t o r n e y 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 T u r n e r
V i c e - C h a i r m a n G r i f f i t h s 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 M u t o 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
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 .
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 K : N O N E
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 N o v e m b e r 1 4 , 1 9 9 5
V i c e - C h a i r m a n G r i f f i t h s 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 B r o o k 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 . H E A R I N G : M I N O R Z O N I N G M O D I F I C A T I O N 9 5 - 1 2 5 1
S i t e : 5 7 2 3 G O L D E N W E S T A V E N U E
O w n e r / A p p l i c a n t : P E T E R A N D J O A N N E Z O V A K
5 7 2 3 G O L D E N W E S T A V E N U E
T E M P L E C I T Y , C A 9 1 7 8 0
Planning Commission Minutes Page 2
Date of Hearing: November 28, 1995
Request: A minor zoning modification to allow
the conversion of an existing 720
square foot storage shed into a
recreation room with a rear yard
setback of six feet rather than the
required 15 feet in the Single
Family Residential (R -1) zone.
Community Development Director Dawson stated that notices
were mailed to property owners within 300 feet of the
subject site. Director Dawson gave the background
information contained in the staff report dated November
28, 1995. Video of the site was shown.
Director Dawson stated this property had an extra four -
car garage which the applicant has requested to convert
from a 720 square foot storage building to a recreation
room at the rear of the property, with a six foot rear
yard setback. Staff has stipulated two conditions of
approval for this use.
There being no questions from the Commission, Chairman
Seibert invited those in favor of this application to
speak.
Peter Zovak, 5723 Golden West Avenue, stated that this is
only an incidental use on the property and he could agree
with the conditions.
Chairman Seibert invited those against this application
to speak. No one came forward.
Vice - Chairman Griffiths stated this building has pre-
existed for many years and he could make the findings for
approval.
Chairman Seibert and the other Planning Commissioners
concurred to ratify the approval decision of the Minor
Zoning Modification Committee.
Chairman Seibert stated that there is a 10 -day period in
which anyone may appeal the decision of the Planning
Commission to the City Council.
B. PUBLIC HEARING: CONDITIONAL USE PERMIT 95 -1250
Site: 5944 TEMPLE CITY BOULEVARD
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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
D a t e o f H e a r i n g : N o v e m b e r 2 8 , 1 9 9 5
A p p l i c a n t :
P r o p e r t y O w n e r :
P a g e 3
J . L . H A R E A S S O C I A T E S
' C O N T A C T : J A C K I E ' H A R E
( L O S A N G E L E S C E L L U L A R T E L E P H O N E
C O M P A N Y ) .
1 7 5 8 1 I R V I N E B O U L E V A R D , S T E . 2 0 0
T U S T I N , C A ' 9 2 6 8 0
C H A R L E S ' J A C K S O N
6 3 4 2 M . ' T R E L A W N E Y A V E N U E
T E M P L E C I T Y , C A 9 1 7 8 0
R e q u e s t : A c o n d i t i o n a l u s e p e r m i t t o a l l o w
t h e e s t a b l i s h m e n t o f a 6 0 f o o t h i g h
c e l l u l a r m o n o p o l e l o c a t e d i n t h e
r e a r o n e - t h i r d o f t h e l o t a n d n o t
c l o s e r t h a n 3 0 0 f e e t f r o m L a s T u n a s
D r i v e w i t h t h e c o n s t r u c t i o n o f a 3 3 6
s q u a r e f o o t s t o r a g e b u i l d i n g i n t h e
C i t y C e n t e r ( C C ) D i s t r i c t o f t h e
D o w n t o w n S p e c i f i c P l a 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 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 5 0 0 f e e t o f t h e
s u b j e c t s i t e , a s w e l l a s t o b u s i n e s s e s i n t h e i m m e d i a t e
a r e a . D i r e c t o r D a w s o n g a v e 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 N o v e m b e r 2 8 , 1 9 9 5 .
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 g a v e a s h o r t o v e r v i e w o f p r e v i o u s a c t i o n s
r e g a r d i n g t h i s c o n d i t i o n a l u s e p e r m i t a p p l i c a t i o n . H e
s t a t e d t h a t t h i s i s " s t e p 4 " o f L . A . C e l l u l a r ' s p r o c e s s
w h i c h b e g a n o n A p r i l 2 0 , 1 9 9 5 . A c o d e a m e n d m e n t w a s
a p p r o v e d t o a l l o w c e l l u l a r a n t e n n a s a n d p o l e s i n t h e
D o w n t o w n S p e c i f i c P l a n w i t h a c o n d i t i o n a l u s e p e r m i t a n d
c e r t a i n r e s t r i c t i o n s .
D i r e c t o r D a w s o n s t a t e d t h a t t h e r e a r e s e v e r a l e x i s t i n g
t e l e p h o n e l i n e s a n d p o l e s i n t h e s u b j e c t a l l e y b e h i n d
t h i s l o c a t i o n a s w e l l a s i n t h e d o w n t o w n a r e a ; t h e
c e l l u l a r a n t e n n a p o l e w o u l d b e v i s i b l e f r o m L a s T u n a s
D r i v e a n d T e m p l e C i t y B o u l e v a r d , h o w e v e r , t h e p r o p o s e d
l o c a t i o n i s a d e q u a t e i n s i z e t o a c c o m o d a t e t h e c e l l u l a r
e q u i 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 c e l l u l a r p o l e s
c a n p o s e a n a e s t h e t i c p r o b l e m a s t h e y p r o t r u d e a b o v e a l l
n o r m a l b u i l d i n g h e i g h t s . T h e r e i s a c t u a l l y n o i d e a l
s i t e , h o w e v e r , t h i s s i t e m e e t s t h e s t a n d a r d r e q u i r e m e n t s .
D i r e c t o r D a w s o n r e v i e w e d t h e S p e c i f i c . P l a n A r e a l o c a t i o n s
w h i c h w o u l d o f f e r t h e m o s t a c c e p t a b l e i n s t a l l a t i o n
l o c a t i o n s . S t a f f h a s p l a c e d f i v e c o n d i t i o n s o f a p p r o v a l
o n t h i s a p p l i c a t i o n . I f t h e P l a n n i n g C o m m i s s i o n d e c i d e s
t o a p p r o v e t h e a p p l i c a t i o n , s t a f f r e c o m m e n d s a d d i t i o n a l
Planning Commission Minutes Page 4
Date of Hearing: November 28, 1995
conditions be imposed which state that the C.U.P. would
expire in five years and be considered for renewal at
that time. At the five -year re- examination of the use,
removal of poles, antennas and equipment would be
required if not renewed or approved.
There being no questions from the Commission, Chairman
Seibert opened the public hearing and invited those in
favor of this application to speak.
Franklin Cole, 17785 Center Court, Cerritos, CA 90701-
4574, explained to the audience the search ring process
to locate an installation site. Mr. Cole discussed a new
technological method for "hiding" a cellular antenna pole
within a pine tree and stated that if technology proves
to be successful in time, L.A. Cellular would alter this
installation at a later time.
Mr. Cole addressed health issue concerns and E.M.F. He
stated that these fields are usually related to high
tension power lines. Cellular antennas do not generate
E.M.F. They operate on a license by the Federal
Government and there is no indication that these
facilities are detrimental to the public health and
welfare. Several channels of the U.H.F. frequency band
of 820 -890 megahertz which were not previously utilized
are being used for cellular. Mr. Cole added that the
Temple City site would put out less than 40 watts. The
equipment building would not project any higher than
nearby existing buildings.
Chairman Seibert invited those against this application
to speak.
David Yelton, 5948 Temple City Boulevard, opposed this
cellular antenna and felt it is not in the best interests
of Temple City or the business community. He submitted
a four page letter to the Planning Commission for
submission in the meeting packets. Mr. Yelton stated
that the equipment will be in an area which is already
proliferated with telephone lines and poles; an antenna
will overshadow homes and commercial buildings and will
add to environmental pollution. It will obstruct
visibility for ingress and egress of the rear parking
lots. The four existing residential units will also be
overshadowed. Mr. Yelton was concerned with E.M.F.
health concerns and stated that hand -held cellular phones
have been proven to be cancer - causing. He requested
denial of this application.
1
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Planning Commission Minutes Page 5
Date of Hearing: November 28, 1995
Grady Gary, 5948 Temple City Boulevard, stated the
equipment building should have a fence around it and that
this antenna would be taller than the existing buildings.
Don Hudson, 9730 Val Street, owns property to the south
of the project and was concerned with the E.M.F.
emissions and the fact that the equipment would only be
7 feet from his rentals. He asked how far the
installation would be from the property line on the
north.
Director Dawson stated that the equipment fencing would
be on the property line.
Mr. Hudson stated the equipment would be near his third
building.
Director Dawson stated it would be close to his last two
buildings. The equipment building will be 28 feet long
and enclosed within a fence.
Mr. Hudson said he rents mostly to senior citizens and
was concerned with the possible health problems. Most of
his renters do not have a vehicle and do not park in the
rear parking lots. He asked if this equipment could be
moved elsewhere.
Director Dawson stated it could possibly be shifted to
the next lot up, however, the restrictions require that
it be installed in the rear one -third of the lot.
Louis Merritt, 5418 Cloverly Avenue, owns property and
stated that this project should be situated within the
industrial area of the City and not in this location
which is already impacted by poles.
Jim Kueman, Lou's Lock and Key, 5952 Temple City
Boulevard, said the parking limitation on Las Tunas Drive
is 30 minutes. Sometimes the rear parking lot is four
deep and this equipment will bottleneck the current
congested parking. The dental office also requires a
great deal of patient parking in the rear. The parking
lot is now difficult to enter and exit and he opposed the
use.
Phil Feola, 5950 Temple City Boulevard, opposed this use
due to the rear parking availability. Senior citizens
who live in the neighboring units would not be able to
drive a vehicle in the rear parking lots with this
equipment.
Planning Commission Minutes Page 6
Date of Hearing: November 28, 1995
Bob Elder, 5935 Camellia Avenue, stated a concern
regarding interference with television and radio
reception.
Richard Chang, Evergreen Family Dentistry, 5946 1/2
Temple City Boulevard, stated his patients are ticketed
when parked on Temple City Boulevard, due to the fact
that most patients require more than the 30- minutes time
allowance. Therefore, his patients must park in the rear
parking lot. This equipment will diminish that parking.
Franklin Cole, responded to the speakers' comments and
stated that L.A. Cellular's operations license states
they shall not interfere with TV, radio, or other
transmissions. He would approve an added condition to
address this issue. He reported that he has observed an
RV parked in the parking lot on a continual basis.
Charles Jackson, 6342 N. Trelawney Avenue, subject
property owner, stated the property is 175 feet deep and
50 feet wide with three buildings. The upholstery
business has two vehicles and he has had no special
parking problems with past tenants. He offered to
install parking space markings on the south side of the
lot for 125 feet of parking which would create 17 parking
stalls for the dentist's patrons and another 10 spaces
for others.
Franklin Cole stated that E.M.F. refers to 60 cycle power
and that anything generated by this cellular facility is
low wattage and non - ionized. He stated that cellular
facilities are a thousand times less dangerous than other
power.
Commissioner Brook asked if any sound or noise is
generated by this equipment.
Franklin Cole answered no and stated that the fence is
only provided for protection of the equipment and the
company will make sound - proofing alterations if any
person complains of noise.
There being no one else to speak for or against,
Commissioner Larson moved to close the public hearing,
seconded by Commissioner Griffiths and unanimously
carried.
Commissioner Brook stated that, aesthetically, the 60
foot pole would hover over Temple City Boulevard. He
could understand the technological need, however, he
could not make the findings for approval.
"
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
D a t e o f H e a r i n g : N o v e m b e r 2 8 , 1 9 9 5
P a g e 7
C o m m i s s i o n e r L a r s o n s t a t e d t h i s e q u i p m e n t i s n e e d e d f o r
p r o p e r t r a n s m i s s i o n r e s o u r c e s . H o w e v e r , h e w a s n o t h a p p y
a b o u t t h i s l o c a t i o n .
V i c e - 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 e r e i s n o p r o o f t h a t
t h e s e e m i s s i o n s a r e h a r m f u l t o h e a l t h . P a r k i n g i s t h e
p r o p e r t y o w n e r ' s s i t u a t i o n t o s o l v e . T h e q u e s t i o n o f
l o c a t i o n i s t h a t t h i s s i t e i s n o t a s u n d e s i r a b l e a s s o m e
o t h e r l o c a t i o n s . 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 a s e d u p o n " b a l a n c e " .
C h a i r m a n S e i b e r t s t a t e d t h a t t h e f i r s t d e c i s i o n o f t h e
C o m m i s s i o n w a s t o a m e n d t h e D o w n t o w n S p e c i f i c P l a n t o
a l l o w t h i s u s e . H e w a s n o t i n f a v o r o f c e l l u l a r a n t e n n a s
i n t h e d o w n t o w n a r e a , h o w e v e r , i t h a s b e e n a p p r o v e d a n d
a d o p t e d . B e c a u s e t h e D o w n t o w n S p e c i f i c P l a n h a s b e e n
a m e n d e d , h e c o u l d m a k e n o f i n d i n g s f o r d e n i a l a n d s t a t e d
t h a t t h e a p p l i c a n t h a s d o n e e v e r y t h i n g r e q u i r e d .
C o m m i s s i o n e r B r o o k b e l i e v e d t h a t t h e 3 0 0 f e e t w o u l d n e e d
t o b e f r o m T e m p l e C i t y B o u l e v a r d a s w e l l a s L a s T u n a s
D r i v e . H e w a s o f t h e u n d e r s t a n d i n g t h a t t h i s s i t e w a s
d i s q u a l i f i e d d u e t o t h e s e r e q u i r e m e n t s .
V i c e - C h a i r m a n G r i f f i t h s m o v e d t o a p p r o v e t h e N e g a t i v e
D e c l a r a t i o n a n d C o n d i t i o n a l U s e P e r m i t 9 5 - 1 2 5 0 , w i t h
a d d e d c o n d i t i o n s t h a t t h e a p p r o v a l e x p i r e s i n f i v e y e a r s
a t w h i c h t i m e a l l p o l e s a n d e q u i p m e n t i n s t a l l a t i o n s w o u l d
b e r e m o v e d u n l e s s r e n e w a l i s g r a n t e d b y t h e g o v e r n i n g
b o d y , s e c o n d e d b y C h a i r m a n S e i b e r t a n d r o l l c a l l v o t e
t a k e n :
A y e s : G r i f f i t h s , S e i b e r t
N o e s : B r o o k , L a r s o n
A b s e n t : M u t o
C h a i r m a n S e i b e r t s t a t e d t h a t d u e t o a t i e v o t e , t h i s c a s e
w i l l b e h e a r d a t t h e n e x t 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
D e c e m b e r 1 2 , 1 9 9 5 w h e n t h e r e w o u l d b e a f u l l C o m m i s s i o n .
V i c e - C h a i r m a n G r i f f i t h s m o v e d t o c o n t i n u e t o D e c e m b e r 1 2 ,
1 9 9 5 , 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 i t y A t t o r n e y M a r t i n a s k e d i f t h e C o m m i s s i o n d e s i r e d a
n e w p u b l i c h e a r i n g o r t o j u s t c o n t i n u e t h e h e a r i n g t o
D e c e m b e r 1 2 t h w i t h n o n o t i c i n g .
C h a i r m a n S e i b e r t s t a t e d t h a t n o t i c e s w o u l d n o t b e
n e c e s s a r y a n d t h e p u b l i c h e a r i n g w o u l d b e c o n t i n u e d .
Planning Commission Minutes Page 8
Date of Hearing: November 28, 1995
Franklin Cole had no objections with continuation of this
matter.
City Attorney Martin stated that whenever it may be
deemed to be a public nuisance, the pole would be removed
and that L.A. Cellular shall also disguise the pole in
the future if appropriate.
C. PUBLIC HEARING: MODIFICATION OF TRACT NO. 50836
ZONE VARIANCE 95 -1253
Site: 6208 -6210 TEMPLE CITY BOULEVARD
Applicant: ALEXANDER /CATANIA DEVELOPMENT, INC.
2100 W. ORANGEWOOD AVENUE, STE. 110
ORANGE, CA 92668
Property Owner: PACIFIC ACKWORTH FOUNDATION
6210 TEMPLE CITY BOULEVARD
TEMPLE CITY, CA 91780
Request: A request for a modification of
Tentative Tract Map 50836 and zone
variance to allow the
reconfiguration of three of the
eight approved lots which would
result in three 52 foot wide lots
rather than the required 60 foot
width and the elimination of the
proposed sidewalks within the
subdivision; additionally, the
applicant is requesting an increase
in the floor area ratio for lot 4
from 35% to 36% in the single family
residential (R -1) zone..
Community Development Director Dawson stated that notices
were mailed to property owners within 300 feet of the
subject site. Director Dawson gave the background
information contained in the staff report dated November
28, 1995. Video of the site was shown.
Vice - Chairman Griffiths abstained from discussion as he
owns property within 300 feet of this case.
Director Dawson stated that in 1993 the City Council
approved the tract map, rezoning to R.P.D., General Plan
Amendment and conditional use permit for Tract No. 50836.
Staff concurs with the request to eliminate the sidewalks
within the new cul -de -sac and the recon - figuration of
three of the eight approved lots. However, staff cannot
Planning Commission Minutes Page 9
Date of Hearing: November 28, 1995
make the findings to approve the floor area ratio
increase to .36% for Lot 4 and felt that the plan could
be modified to fit the square footage of the lot. Staff
recommended denial of the variance.
There being no questions from the Commission, Chairman
Seibert opened the public hearing and invited those in
favor of this application to speak.
Michael Battaglia, 2100 W. Orangewood, Ste. 110, Orange,
stated there is a drainage problem on Lots 1 -3. The
reconfiguration of the lots to solve the drainage problem
would cause a reduction of square footage for Lot 4.
They are asking for an increase of 82 square feet for Lot
4. The denial of this request would require the creation
of four floor plans, instead of two, thus adding to the
developer's cost.
Commissioner Larson asked what changed the original plan?
Mr. Battaglia answered the approved project had
inconsistent pie shaped lots and a drainage problem on
Lots 1 and 2. The residents to the south of Lot 1 on
Camellia Avenue would conceivably need to have a 9 1/2
foot wall to keep out the water.
Director Dawson stated that Lot 5 was originally 10,000
square feet and is now 11,000 square feet and asked if
this could be adjusted.
Mr. Battaglia stated that after studying staff's report
and materials, he could make an adjustment that would
make Lot 4 more in conformity. He indicated that he was
willing to work with staff.
Peter Lo, 6217 Kauffman Avenue, supported this project
and stated that it would increase property values and
taxes.
Chairman Seibert answered that Temple City does not have
property taxes.
Mary Kokayko, 6149 N. Camellia Avenue, was anxious to
have this project built.
Chairman Seibert invited those against this application
to speak. No one came forward.
Commissioner Brook moved to close the public hearing,
seconded by Commissioner Larson and unanimously carried.
Planning Commission Minutes Page 10
Date of Hearing: November 28, 1995
Commissioner Larson stated that if Lot 4 is adjusted, he
could make the findings to approve this request.
Commissioner Brook could agree with the new layout, with
a normal 35% floor area ratio for Lot 4.
Chairman Seibert concurred.
Mr. Battaglia withdrew the applicant's request for a 36%
floor area ratio for Lot 4.
Commissioner Brook moved to approve a Modification to
Tentative Tract Map 50836 and Zone Variance 95 -1253 as
stated in Resolution No. 95 -PC; and to remove the request
for a variance to increase the floor area ratio for Lot
4, seconded by Commissioner Larson and unanimously
carried.
Chairman Seibert stated that there is a 10 -day period in
which anyone may appeal the decision of the Planning
Commission to the City Council.
Director Dawson stated that because this is a tract map,
the City Council will be asked to confirm the Planning
Commission's decision at a noticed public hearing at
their meeting on December 19, 1995.
8. COMMUNICATIONS: NONE
9. MATTERS FROM CITY OFFICIALS:
A. Director Dawson informed the Commissioners that staff is
in the process of contacting other cities and studying
their restrictions regarding A -frame sandwich signs.
10. ADJOURNMENT
There being no further business, Chairman Seibert adjourned
the meeting at 8:55 p.m. The next regular meeting of the
Planning Commission will be held on Tuesday, December 12,
1995, at 7:30 p.m. in the Council Chamber, 5938 Kauffman
Avenue, Temple City.
ATTEST:
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