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HomeMy Public PortalAboutMinutes - 1996/11/12 - Regular" " " PLANNING COMMISSION TEMPLE CITY, CALIFORNIA MINUTES NOVEMBER 12, 1996 INITIATION: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL: Present: Commissioners Capra, Larson, Seibert, Griffiths Absent: Commissioner Brook Also Present: City Manager Riley, Community Development Director Dawson, Planning Aide Erica Williams 4. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forward. 5. CONSENT CALENDAR: A. APPROVAL OF MINUTES  Meeting of October 22, 1996 Commissioner Seibert moved to approve the minutes as written, seconded by Commissioner Capra and unanimously carried. 6. UNFINISHED BUSINESS: 7. NEW BUSINESS: A. PUBLIC HEARING: Conditional Use Permit 96 -1285 SITE: 9160 LAS TUNAS DRIVE APPLICANT: LOTUS FOUNDATION ANNA IVERSON 916.0 LAS TUNAS DRIVE TEMPLE CITY, CALIFORNIA 91780 PROPERTY OWNER: REQUEST: BOR JI WEI 9160 LAS TUNAS DRIVE TEMPLE CITY, CALIFORNIA 91780 The request by the applicant to establish a private educational center with up to 36 students at any given time. A previous request for Planning Commission Minutes Page 2 Date of Hearing: November 12, 1996 RECOMMENDATION: a tutoring center with up to 100 students was denied by the Planning Commission and City Council. The applicant has revised the request and reapplied. 1) Hear staff report 2) Hear those for and against 3) Approve Negative Declaration 4) Approve Conditional Use Permit 96 -1285 5) Adopt Resolution Community Development Director Dawson stated that notices were mailed within a 500 foot radius of the subject site. He summarized the staff report dated November 12, 1996. A video tape of the property was shown. Commissioner Seibert asked how would Condition No. 2 regarding number of students be monitored? Director Dawson suggested that site visits be made to the schools periodically, every 6 months to a year, in order to enforce maximum number of students. Staff could report back to the Commission with findings. Discussion followed regarding this issue. It was suggested that an inspection program be implemented in which Staff would report back to the Commission periodically. There being no further questions from the Commission, Chairman Griffiths opened the public hearing and invited the property owner or any representative to speak on this matter. Anna Iverson, representing Lotus Foundation, wanted to express her appreciation for the Commissioners' consideration of the C.U.P. She stated that they are a non - profit organization trying to provide a service to the community. On a daily basis, the school staffs two teachers and one director. On Friday's another teacher is needed for two or three hours to instruct an art class or similar class. A maximum of four staff members are at the facility at any one given time. Chairman Griffiths asked if . anyone wished to speak in favor or opposition to this application. No one came forward. Commissioner Seibert moved to close the public hearing, seconded by Commissioner Larson and unanimously carried. Commissioner Capra had several concerns. He wanted to be reassured that the tutoring school would not become a Planning Commission Minutes Page 3 Date of Hearing: November 12, 1996 daycare center. Also, the ages of the children is a concern. He questioned whether the children are restricted to classrooms or outside in the parking lot playing. As long as the children are inside, the school is used exclusively for tutoring purposes, and the conditions of approval are met, he would not have a problem with this request. Director Dawson stated that Staff tried to address above concerns in the conditions of approval. Commissioner Seibert does not feel any reason not to grant this request. His only concern is the monitoring issue stated above. Commissioner Larson agrees with the other Commissioners. Chairman Griffiths concurs. He stated that this is a reasonable, acceptable use for the property and does not see any reason to deny the request. His concern is still with the overall operation of this type of facility. In this instance, a one year report from Staff would be in order and should be included as a condition and /or in the motion. Anna Iverson responded to the Commissioners' concerns. She stated that the school has been at this location since May 1, 1996. The students range. from 5 years and older. She gave her word that it will not be used as a daycare center; it is an after - school program with some art classes. Commissioner Capra moved to approve the Negative Declaration and Conditional Use Permit 96 -1291, including the condition that a report be made back to the Planning Commission within one year, seconded by Commissioner Seibert, and unanimously carried. Chairman Griffiths stated that the Conditional Use Permit 96 -1291 is approved. 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 96 -1291 SITE: 5909 CLOVERLY AVENUE APPLICANT: A+ ACADEMY CHARLES SAMUELSON 4615 HAZELBROOK AVENUE LONG BEACH, CALIFORNIA 90808 Planning Commission Minutes Date of Hearing: November 12, 1996 PROPERTY OWNER:. REQUEST: RECOMMENDATION: TEMPLE CITY SQUARE CENTER • 1300 MAIN STREET, SUITE 210 ALHAMBRA, CALIFORNIA- 91801 Page 4 The request by the applicant to establish a private school with one class of not more than 12 students ranging from 2nd to 12th grade. Private tutoring, of one or two students will also take place either before or after regularly scheduled classes. 1) Hear staff report 2) Hear from the public 3). Approve Negative Declaration 4) Approve Conditional Use Permit 96 -1291 Adopt Resolution 5) Community Development Director Dawson stated that notices were mailed within a 500 foot radius of the subject site. He summarized the staff report dated November 12, 1996. A video tape of the property was shown. There being no questions from the Commission, Chairman Griffiths opened the public hearing and invited the property owner or any representative to speak on this matter. Charles Samuelson, 4615 Hazelbrook Avenue, Long Beach, applicant for this Academy, stated that he would be the only teacher at present. He informed the Commissioners that it is a small operation providing quality instruction. He will be teaching English and will teach French if there is a demand in the future; he does not have any French students at present. He does agree with all the conditions of approval but wanted some clarification regarding condition No. 6 stating pupils under 12 years be escorted to entrance of facility by an adult. Commissioner Seibert stated that Condition No. 6 is as stated. Commissioner Larson explained that this condition is included for liability purposes. It is to the applicant's advantage for insurance reasons. " " " Planning Commission Minutes Page 5 Date of Hearing: November 12, 1996 Director Dawson expressed concern in respect to tutoring aside from other classes. Condition No,. .3 stipulates hours of operation as 9:00 a.m. to 8:30 p.m. He asked applicant whether tutoring would take place exclusively within these hours. Charles Samuelson could foresee possibly tutoring up to 9:30 p.m. He currently teaches in homes up to 9:00 p.m. He asked if Condition No. 3 could be amended, but was willing to comply with whatever the Commission decides. He asked if in the future tutoring hours changed, would it require an amendment? Director Dawson stated that basically these are the conditions that are being imposed and that if the applicant does not feel the hours are acceptable, he should request a change now. Charles Samuelson informed the Commission that tutoring would not take place past 9:30 p.m. Director Dawson summarized the hours issue by indicating that the hours of operation for the school session shall be 9:00 a.m. to 8:30 p.m., and tutoring for a limited number of individual students would be after 8:30 p.m. Chairman Griffiths asked if anyone wished to speak in favor or opposition to this application. No one came forward. Commissioner Seibert moved to close the public hearing, seconded by Commissioner Larson and unanimously carried. Commissioner Larson stated that he is in favor of the request with the additional condition for a review within one year. Adjustment of hours was acceptable to him. Commissioner Capra concurs and could find in favor of this request. Commissioner Seibert concurs. Chairman Griffiths also concurs. Commissioner Larson moved to approve the Negative Declaration and Conditional Use Permit 96 -1285 with additional condition for a review within one year and adjustment of hours, seconded by Commissioner Capra, and unanimously carried. Planning Commission Minutes Page 6 Date of Hearing: November 12, 1996 Chairman Griffiths stated that the Conditional Use Permit 96 -1285 is approved. There is a 10 -day period in which anyone may appeal the decision of the Planning Commission to the City Council. 8. COMMUNICATIONS: Naomi Arellano, 9026 Hermosa Drive, Temple City, stated that she and her parents own the lot at 9026 Hermosa Drive. The lot is approximately 9,060 square feet. She has remodeled the main house located at the front of the property on Hermosa and added a guest home in the back on Myda. Her parents live in the front house and she lives in the back guest home. The zoning on the property and surrounding property is R -1. She does not meet requirements to subdivide property but would like to request that it be redesignated to R -2 in order to obtain two separate addresses for personal reasons. She explained in detail her predicament. Chairman Griffiths stated that an approximately 9,000 square foot lot would not be considered subdividable. Secondly, the zoning change would depend on where the lot is located and what type of zoning surrounds the property. Director Dawson stated that he "understands Ms. Arrellano's situation but informed her that a separate address for a guest house is not allowed since it could then become a rental. The purpose of the guest house is to be used for family members only. Discussion regarding address change followed. Commissioner Seibert informed Ms. Arellano that no decision could be made at this meeting regarding this issue, but that it could be brought back for public hearing. He stated that this request is probably a waste of time for the above - mentioned reasons. Commissioner Seibert had a question from the November 11, 1996 meeting regarding the C.U.P. issue for schools. Director Dawson stated that the first thing Staff intends to do is to conduct a site visit of all of the schools to determine the extent of violations. At the same time, criteria would be developed to be presented at a public hearing to set it up as an Administrative C.U.P. with some criteria. The schools can vary in terms of location and size, etc. Discussion regarding this issue followed. It was suggested that this matter be set for a public hearing. 9. MATTERS FROM CITY OFFICIALS: None " " " Planning Commission Minutes Date of Hearing: November 12, 1996 10. ADJOURNMENT Page 7 There being no further business, Chairman Griffiths adjourned the meeting at 8:20 p.m. ATTEST: Secretary SHW /MINS /15467.1 " r�� Chairman Griffiths