HomeMy Public PortalAboutMinutes - 1996/01/09 - 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
J A N U A R Y 9 , 1 9 9 6
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 M u t o , G r i f f i t h s , S e i b e r t
A b s e n t : B r o o k , L a r s o n
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 , C o d e E n f o r c e m e n t
O f f i c e r D a n i e l
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
B r o o k f o r c a u s e , s e c o n d e d b y C o m m i s s i o n e r M u t o a n d
u n a n i m o u s l y c a r r i e d . C o m m i s s i o n e r L a r s o n h a d p r e v i o u s l y
s t a t e d t h a t h e w o u l d b e l a t e i n a r r i v i n g .
C o m m i s s i o n e r L a r s o n a r r i v e d a t t h e m e e t i n g a t 7 : 4 7 p . m .
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 2 8 , 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 M u t o a n d u n a n i m o u s l y
c a r r i e d .
B . 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 D e c e m b e r 1 2 , 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 M u t o 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 :
A . C O N T I N U A T I O N
D E C L A R E I N T E N T T O H O L D P U B L I C H E A R I N G - P N # 9 5 - 4
S i t e : 6 1 6 1 - 6 1 6 3 h T E M P L E C I T Y B O U L E V A R D
Planning Commission Minutes Page 2
Date of Hearing: January 9, 1996
Property Owner:
Request:
ROBERT CAMBIANICA
4840 N. HELEO AVENUE
TEMPLE CITY, CA 91780
This case was reviewed at the
Planning Commission meeting of
October 24, 1995 and continued for
60 days. The Commission will
consider abatement progress and
determine if a property nuisance
exists.
Community Development Director Dawson stated that on
October 24, 1995, this case was discussed briefly and
because a substantial portion of the collected debris
including appliances, junk, vehicles, etc. had been
removed, a 30- continuance was granted to the property
owner. A video of the property's current condition was
taken on January 9, 1996. The video was shown.
Vice - Chairman Griffiths abstained from discussion as he
owns property within 300 feet of the subject property.
Director Dawson stated that this has been an on -going
case since 1992. However, the property has an approved
tract map project which has not yet started. There is an
illegal structure in the rear of the property, some
storage of items, and miscellaneous debris. There has
been, however, a lot of improvement since the property
nuisance case began.
There being no questions from the Commission, Chairman
Seibert invited the property owner or any representative
to speak.
Butch Mecca, 2604 S. Mayflower Avenue, Arcadia, repre-
sented the owner. The tenants in the rear unit are in
the process of being evicted, however, she is disabled
with two small children and legal process must be served.
The property owner has no legal right to remove the
tenant's belongings or her family, even though they have
been at the property constantly in the attempt to correct
the property nuisances. The Sheriff's Department has
notified them that the tenant cannot be removed without
due process as she is on welfare and State disability.
It may take 2 -4 months to accomplish this.
Director Dawson asked Mr. Mecca what agencies are
involved and if copies of these documents could be
provided to staff as subsidies must, by law, be sanitary,
safe and legal housing.
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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 3
D a t e o f H e a r i n g : J a n u a r y 9 , 1 9 9 6
C i t y A t t o r n e y M a r t i n r e c o m m e n d e d t o h o l d t h i s m a t t e r o v e r
t o t h e n e x t m e e t i n g o f J a n u a r y 2 3 , 1 9 9 6 a n d t h a t n a m e s o f
a p p r o p r i a t e p e r s o n n e l a n d S t a t e a g e n c i e s m u s t b e p r o v i d e d
i n o r d e r f o r t h e C i t y t o a s s i s t i n t h i s m a t t e r .
M r . M e c c a s t a t e d h e w o u l d h e l p i n a n y w a y h e c o u l d t o
a s s i s t t h e C i t y b y o b t a i n i n g c o p i e s o f a g e n c y o r d e r s a n d
i n h e l p i n g t h e p r o p e r t y o w n e r t o e v i c t t h e s e p e r s o n s . H e
c o n s i d e r e d t h e s e p e r s o n s t o b e v a g r a n t s , h o w e v e r , t h e
p r o p e r t y o w n e r i s r e q u i r e d t o g i v e t h e m d u e p r o c e s s o f
t h e l a w .
C h a i r m a n S e i b e r t s t a t e d t h i s m a t t e r w i l l b e c o n t i n u e d a t
t h e P l a n n i n g C o m m i s s i o n ' s n e x t r e g u l a r l y s c h e d u l e d
m e e t i n g o f J a n u a r y 2 3 , 1 9 9 6 .
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 4
S i t e : 1 0 6 1 8 H A L L W O O D D R I V E
O w n e r / A p p l i c a n t : O P A L R O S E
1 0 6 1 8 H A L L W O O D D R I V 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 m i n o r z o n i n g m o d i f i c a t i o n t o a l l o w
a n e x i s t i n g b r e e z e w a y a t t a c h i n g t h e
d w e l l i n g t o t h e g a r a g e r e s u l t i n g i n
a t w o f o o t , t h r e e i n c h r e a r y a r d
s e t b a c k r a t h e r t h a n t h e r e q u i r e d
f i f t e e n f e e t 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 i m m e d i a t e n e i g h b o r i n g p r o p e r t y o w n e r s .
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 J a n u a r y 9 , 1 9 9 6 .
D i r e c t o r D a w s o n s t a t e d t h a t a b r e e z e w a y w a s c o n s t r u c t e d
i n p a s t y e a r s w h i c h r e s u l t e d i n a 2 f o o t , t h r e e i n c h
s e t b a c k , r a t h e r t h a n t h e r e q u i r e d f i f t e e n f o o t s e t b a c k .
T h e M i n o r Z o n i n g M o d i f i c a t i o n C o m m i t t e e m e t a n d
r e c o m m e n d s a p p r o v a l o f t h e r e q u e s t , b a s e d u p o n t h e f a c t
t h a t i t h a s b e e n i n e x i s t e n c e f o r t w e n t y y e a r s .
T h e r e b e i n g n o q u e s t i o n s f r o m t h e C o m m i s s i o n , C h a i r m a n
S e i b e r t i n v i t e d t h o s e i n f a v o r o f t h i s a p p l i c a t i o n t o
s p e a k . N o o n e c a m e f o r w a r d .
Planning Commission Minutes Page 4
Date of Hearing: January 9, 1996
Chairman Seibert invited those against this application
to speak. No one came forward.
Commissioner Muto could approve the committee's decision,
seconded by Vice - Chairman Griffiths.
Chairman Seibert and the other Planning Commissioners
unanimously 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 -1253
Site: 9109 LAS TUNAS DRIVE
Applicant: ZAVEN KOULLOUKIAN
9093 E. LAS TUNAS DRIVE
TEMPLE CITY, CA 91780
Property Owner:
YU -SIN CHANG
21 WEST WOODRUFF AVENUE
ARCADIA, CA 91007
Request: A request for a conditional use
permit to allow the establishment of
a liquor store in the West
Commercial (WC) District of the
Downtown Specific Plan.
Community Development Director Dawson stated that notices
were mailed to property owners within 500 feet of the
subject site.
Associate Planner Turner gave the background information
contained in the staff report dated January 9, 1996. He
stated the subject property is located in the Downtown
Specific Plan Area, with a 2,013 square foot building,
and the parking lot would be shared between three
businesses. The business currently operates at 9093 Las
Tunas Drive. The liquor store will consist of a retail
area, two storerooms, an office, a room with adult videos
for rental and two restrooms. The location of the adult
video section will be located in the rear of the store
and curtained off as required by Section #4912 of the
Temple City Municipal Code. Staff has included eleven
conditions of approval.
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Planning Commission Minutes Page 5
Date of Hearing: January 9, 1996
Director Dawson stated that there was no previous
authorization for the current liquor store to contain
adult videos. The sale of videos has been found to only
be allowed if the sale and rental of videos is the
primary business use; in this case, the videos are an
incidental use. Director Dawson stated that resolution
condition #5 should be changed to state that no sale or
rental of videos shall be allowed. Also, in condition
#10, the owner /applicant will be required to obtain an
A.B.C. license. Director Dawson added that there would
most likely be no problem with transferring this license
from the current location to the new location because it
is in the same census tract.
There being no questions from the Commission, Chairman
Seibert opened the public hearing and invited those in
favor of this application to speak.
Zaven Koulloukian, 9093 E. Las Tunas
been in operation for many years. He
not including videos in this business
only moving approximately 50 feet
location and he asked for approval.
Dr, stated he has
is now considering
. The business is
from the current
Chairman Seibert asked if the applicant has read and
could agree with the conditions.
Mr. Koulloukian answered yes and agreed with excluding
the sale or rental of adult videos.
City Attorney Martin reminded Mr. Koulloukian that he
would be required to obtain the A.B.C. license on his
own.
Chairman Seibert invited those against this application
to speak.
Bill Herrera, 9130 Las Tunas Drive, Anca Realty Corp,
stated his objection because JoBo's Liquor Store is very
close in proximity to the requested location. He
suggested that the Planning Commissioners consider the
current number of liquor stores in Temple City. He felt
some people did not receive notice of this hearing and
stated that there is a limited amount of parking.
Pastor Steven Randall Gossett, 5837 3/4 Encinita Avenue,
agreed with Mr. Herrera and stated that between Rosemead
Boulevard and Baldwin alone there are three bars, four
liquor stores, Ralphs, Albertson's and Thrifty's which
all sell liquor. The City should be cognizant of the
number of liquor stores in one area. He added that the
Planning Commission Minutes Page 6
Date of Hearing: January 9, 1996
City should be more concerned with minors drinking and
the potential for enforcement problems. Pastor Gossett
felt the City should be more of an advocate against
children drinking and smoking before they become law
enforcement problems.
Harry Simmons, 1337 Las Tunas, San Gabriel, stated that
on September 4, 1995, a minor standing at a liquor store
asked him to buy liquor for him. Mr. Simmons said
children will buy cigarettes from the liquor stores but
he felt that JoBo's does not sell cigarettes to minors.
Chairman Seibert asked the applicant if
speak in rebuttal.
Mr. Koulloukian stated he has operated
business in Temple City for many years and
been any problems.
he wished to
a responsible
there have not
There being no one else to speak for or against, Vice -
Chairman Griffiths moved to close the public hearing,
seconded by Commissioner Larson and unanimously carried.
Vice - Chairman Griffiths stated that simply moving this
business does not appear to pose a problem and that
removal of adult videos from this business is a step in
the right direction. He added that the sale of liquor to
minors would be intolerable.
Director Dawson stated that staff requested any reports
of problem occurrences for the liquor store from the
Sheriff's Department and no reportable problems have
occurred.
Vice - Chairman Griffiths asked if the allegations that
pornographic magazines are on display can be researched.
Director Dawson stated that this can be followed up by
the Code Enforcement Officer and the Sheriff's
Department. The fact that video sales will be removed
will increase the positive effects and the Sheriff's
Department can periodically review the business.
City Attorney Martin stated the key conditions are that
adult videos not be permitted, displayed, rented or sold
or it would result in revocation of the C.U.P.; condition
#2 that the lots be combined prior to the effective date
of approval of this C.U.P.; and condition #10 that the
A.B.C. license must be sought after privately by the
applicant.
Planning Commission Minutes Page 7
Date of Hearing: January 9, 1996
Commissioner Muto stated that liquor stores historically
have not been viewed favorably. A speaker has stated
that there are five or six within a relatively small
area. Based upon the condition that the lots be
combined, he could make the findings for approval.
Commissioner Larson could make the findings for approval
with the above - stated conditions. He suggested that all
future liquor store applications include the stipulation
that no video rental or sales be allowed.
Chairman Seibert concurred and stated that this business
has been in operation for many years and no significant
illegal occurrences have been reported.
Vice - Chairman Griffiths stated that all current laws
regarding video sales, sales to minors, pornographic
materials, etc. must be enforced and moved to approve the
Negative Declaration and Conditional Use Permit 95 -1253
as contained in the draft resolution with the above -
stated conditions, 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.
Vice - Chairman Griffiths requested that staff review all
current liquor stores for any illegal operations or video
rental and sales.
C. DECLARE INTENT TO HOLD PUBLIC HEARING - PN #96 -6
Site: 9812 -9816 LEMON AVENUE
Property Owner:
GLEN COOPER
9812 LEMON AVENUE
ARCADIA, CA 91006
Request: Staff has issued several Code
Compliance notices for this property
with little resolution of certain
public nuisances. It is requested
that a public hearing be set to
determine the existence of a
property nuisance.
Community Development Director Dawson stated this
property nuisance case involves an accumulation of weeds
and overgrowth, packing boxes and other debris in the
yard area and dead trees. This property nuisance case
Planning Commission Minutes Page 8
Date of Hearing: January 9, 1996
has been continually "opened and closed" since 1986 and
the Planning Commission was requested to ascertain
whether the violations constitute a public nuisance.
Video of the site was shown.
Director Dawson said the property owner has stated his
willingness to correct the nuisance items, however, full
compliance has not been achieved. If the Planning
Commission decides to declare intent to conduct a public
hearing, the residents within a 300 foot radius would be
notified of the hearing.
Director Dawson asked Code Enforcement Officer Daniel if
the Building Inspector has observed a safety hazard at
any of the buildings on the property.
Code Enforcement Officer Daniel stated that this building
was a habitable structure in 1992 and could be a
salvageable structure, however, the Building Inspector
has not viewed it.
Commissioner Larson abstained from discussion as he lives
within 300 feet of the property.
There being no further questions from the Commission,
Chairman Seibert invited the property owner or any
representative to speak.
Glen Cooper, 9812 -9816 Lemon Avenue, believed that he had
obtained an OK from certain departments for the progress
made on the property. He has had no direct complaints
from the neighbors and stated he would be willing to work
with staff to rectify any problems. He believed that the
main problems were weeds and unpruned trees which he is
in the process of correcting. He also has some plywood
roofing to repair the roofs. The storage building /house
has no gas service at this time, however, he has
continued the electrical and phone service.
Chairman Seibert invited anyone else in the audience to
speak on this matter. No one came forward.
Vice - Chairman Griffiths stated this property has a ten -
year history of code enforcement problems and the
property must be maintained on an on -going basis. He
moved to approve the PC Resolution declaring an intent to
hold a public hearing before the Planning Commission on
January 23, 1996 to determine the existence of a public
nuisance at 9812 -9816 Lemon Avenue, seconded by
Commissioner Muto and unanimously carried.
Planning Commission Minutes Page 9
Date of Hearing: January 9, 1996
Chairman Seibert requested that the Building Inspector
view the second dwelling to ascertain its habitable
condition.
8. COMMUNICATIONS: NONE
9. MATTERS FROM CITY OFFICIALS:
A. Director Dawson stated the cellular telephone application
was appealed to the City Council and that it will be
heard on February 16, 1996.
10. ADJOURNMENT
There being no further business, Chairman Seibert adjourned
the meeting at 8:35 p.m. The next regular meeting of the
Planning Commission will be held on Tuesday, January 23, 1996,
at 7:30 p.m. in the Council Chamber, 5938 Kauffman Avenue,
Temple City.
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ATTEST:
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