HomeMy Public PortalAboutMinutes - 2004/08/24 - RegularPLANNING COMMISSION
MINUTES
AUGUST 24, 2004
INITIATION:
1. CALL TO ORDER
Pursuant to the Agenda posted August 19, 2004, Chairman Griffiths called the
meeting of the Planning Commission to order at 7:30 p.m. on Tuesday, August
24, 2004.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
Present: Commissioners: Yu, Le Berthon, Seibert, Blum, Griffiths
Also Present: City Attorney Martin and Community Development Director Dawson
Assistant Planner Gulick and Assistant Planner Liu
4. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK
5. CONSENT CALENDAR:
A. APPROVAL OF MINUTES August 10, 2004
RECOMMENDATION: APPROVE AS SUBMITTED
B. APPROVAL OF SIGN PLAN
SITE: 5605 CLOVERLY AVENUE
APPLICANT: SAINT LUKE CATHOLIC CHURCH
RECOMMENDATION: APPROVE AS SUBMITTED
Director Dawson - Stated that there are a few corrections on the minutes. One correction is
on page 2 where it indicated that Chairman Griffiths was within 500 feet, it should say that he
has property within 500 feet; and on page six, the minutes should indicate that Chairman
Griffiths recused himself but then again took his seat as the Chairman of the Planning
Commission. Stated that on page 18 there is a typo with the word "too" instead of "to" and
lastly on page 19 a typo with the word "fore" instead of "for ".
Planning Commission
August 24, 2004
Page 2
Vice - Chairman Blum - Moved to approve the minutes as corrected, as well as the approval
of the sign plan, seconded by Commissioner Le Berthon and unanimously carried, except for
Commissioner Seibert, who abstained from approving the minutes because he was not at the
meeting of August 10, 2004.
6. UNFINISHED BUSINESS:
A. PUBLIC HEARING: A CONDITIONAL USE _ PERMIT AND TENTATIVE TRACT
MAP TO ALLOW A RESIDENTIAL SUBDIVISION
DEVELOPMENT CONSISTING OF SIX (6) DETACHED
CONDOMINIUM DWELLING UNITS IN THE HIGH
DENSITY RESIDENTIAL (R -3) ZONE.
SITE: 6047 TEMPLE CITY BOULEVARD
CASE NO.: TENTATIVE TRACT MAP 61386;
CONDITIONAL USE PERMIT 04 -1579
OWNER/
APPLICANT: JEFFERY AND JOAN WEBER
6047 TEMPLE CITY BOULEVARD
TEMPLE CITY, CALIFORNIA 91780
ENGINEER:
HANK JONG
EGL ASSOCIATES, INC.
11823 SLAUSON AVENUE, #18
SANTA FE SPRINGS, CALIFORNIA 90670
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) NEGATIVE DECLARATION
4) ADOPT RESOLUTION
Chairman Griffiths — Recused himself from this item because he owns property within 500 feet
of the subject site.
Vice - Chairman Blum — Assumed the position of Chairman at this time.
Director Dawson — Read the Staff Report dated August 24, 2004.
Assistant Planner I iu - Narrated and showed the video.
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Planning Commission
August 24, 2004
Page 3
• City Attorney Martin — Stated that this is a re- hearing and everything that was heard two weeks
ago is included in the minutes and is available to all of the Planning Commissioners. Stated
that if you have anything new to add, please come forward at this time, but you do not need to
repeat what is already in the minutes because the minutes are very detailed.
Vice - Chairman Blum — Opened the Public Hearing and asked the Applicant if he wanted to add
anything. Asked if anyone wanted to speak in favor or against the project.
Commissioner Seibert — Moved to close the Public Hearing, seconded by Commissioner Le
Berthon and unanimously carried.
Vice - Chairman Blum — Closed the Public Hearing and began discussion.
Commissioner Yet — Stated that his opinion remains as stated in the previous Public Hearing
and that he cannot make the findings to recommend approval of this project.
Commissioner L e Berthon — Stated that he could approve the project because it complies with
the standards and guidelines set forth by the City.
Commissioner Seibert — Stated that he was not present at the previous meeting. Stated that
• the project meets all the requirements and cannot see any reason to deny the project. Stated
that it is an R -3 zoned lot and the owner has a right to develop it accordingly. Stated that he
can vote in favor of granting the request.
Vice - Chairman Blum — Stated that for all the previous reasons stated in the last meeting, he
could once again vote in favor of the project.
Commissioner I e Berthon — Made a motion to approve the Negative Declaration, Tentative
Tract Map 61386 and Conditional Use Permit 04 -1579 and adopt the draft Resolution with all of
the findings and conditions of approval, seconded by Commissioner Seibert.
Roll call vote:
Commissioner Yu - no
Commissioner Seibert - yes
Commissioner Le Berthon - yes
Vice - Chairman Blum - yes
Vice - Chairman Blum - Stated that the motion carried on a 3 -1 vote. Stated that the item will go
to the City Council and is tentatively scheduled for September 7, 2004. Turned the meeting
ip back over to Chairman Griffith at 7:44 p.m.
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Planning Commission
August 24, 2004
Page 4
7. NEW BUSINESS:
A. PUBLIC HEARING:
A ZONE VARIANCE TO ALLOW A 1,642 SQUARE FOOT,
SINGLE -STORY ADDITION TO AN EXISTING 1,450
SQUARE FOOT HOUSE, WHICH HAS AN EXISTING
NON - CONFORMING SIDE YARD SETBACK OF THREE
(3) FEET (INSTEAD OF THE REQUIRED FIVE [5] FOOT
SETBACK); ALSO TO ALLOW THE CONSTRUCTION OF
A 646 SQUARE FOOT STORAGE ROOM TO BE
LOCATED BEHIND AND ATTACHED TO THE EXISTING
TWO -CAR GARAGE, WHICH IS SETBACK TWO [2] FEET
FROM THE WEST PROPERTY LINE (INSTEAD OF FIVE
[5] FEET THEREFROM). THE SUBJECT SITE IS
LOCATED IN THE SINGLE FAMILY (R -1) RESIDENTIAL
SITE: 9421 DAINES DRIVE
CASE NO.: ZONE VARIANCE 04 -1583
PROPERTY OWNER/ MIKE AND ANNA CHIANG
APPLICANT: 9421 DAINES DRIVE
TEMPLE CITY, CALIFORNIA 91780
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) CATEGORICALLY EXEMPT [15305(a)]
4) ADOPT RESOLUTION
Director Dawson — Read the Staff Report dated August 24, 2004.
Assistant Planner I iu - Narrated and showed the video.
Commissioner Seibert — Asked about the setbacks of the garage and if it was three feet.
Director Dawson — Stated that it is two feet and the storage room will be attached to the
garage.
Chairman Griffiths — Stated that the submittal asks for a three -foot setback on the new part and
retains the two -foot setback on the existing garage.
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Planning Commission
August 24, 2004
Page 5
• Vice- Chairman Blum — Asked Director Dawson if the variance is for two feet on existing garage.
Director Dawson — Stated that the garage by itself is legal non - conforming but by the fact that
they are adding on or extending it, they are asking for a variance for two feet for the existing
garage and three feet for the proposed addition. Stated that if this were in the rear one -third of
the lot they would be okay.
Vice - Chairman Blum — Asked if the normal setback would be five feet.
Director Dawson — Stated that was correct.
Chairman Griffiths — Asked if there were any other questions. Opened the Public Hearing.
Asked the applicant if he would like to make a statement.
Tom O'Leary, 5823 Agnes Avenue, Temple City Stated that he is the contractor for the
owners. Stated that he was there to answer any questions.
Vice - Chairman Blum — Asked about the setback to the addition to the garage. Asked if there
would be a problem to have a five -foot setback rather than the proposed three -foot setback.
110 Tom O'1 eary, 5893 Agnes Avenue, Temple City — Stated that there is really not a problem but
there is already an existing structure there and it is a permitted structure. Stated that the
existing old patio type structure is two feet from the property line.
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Director Dawson — Stated that the Zoning Code specifies that there should be a 10 -foot
separation between buildings. Stated that these plans show a ten -foot separation between the
accessory building and the main house. Stated that if the storage room were moved over then
it would be too close to the main dwelling.
Commissioner ib .rt - Stated that it would be possible to make the structure more narrow.
Director Dawson — Stated that was another option.
Commissioner Yu — Asked Mr. O'Leary if there is an issue with making it more narrow, making
it 17 feet instead of 19 feet. Stated that is just for the new portion.
Tom 0'1 eary. 5823 Agnes Avenue. Temple City — Stated that he would need to discuss it with
his clients, however, maybe they could extend the building further back. Asked his client
(property owner) the question.
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Planning Commission
August 24, 2004
Page 6
Mike Chug — Stated that he is the owner of the property and that they want to improve on
what exists and what was permitted before was the two -foot setback and he really did not want
to move anything over because he wanted the roofline to match.
Commissioner Seihert — Stated that he would have to redo the foundation anyway.
Mike Chang — Stated that he would conform to a five -foot setback, if he could extend the
building.
Commissioner Seihert — Stated that the length does not make a difference, it is the side
setback that is an issue.
Chairman Griffiths — Asked if anyone else wanted to speak in favor or opposition of the
application.
Commissioner Seibert — Made a motion to close the Public Hearing, seconded by Vice -
Chairman Blum and unanimously carried.
Chairman Griffiths — Closed the Public Hearing and began discussion.
Commissioner Seibert — Stated that the size of the lot is sufficient to handle the house. The
existing setback on the current house could be changed but they should not be forced to
change that. Stated that he does not have a problem with the addition; the garage has been
discussed enough and the applicant has agreed to do a five -foot setback on the addition
behind the garage and make the addition two feet more narrow. Stated that he could approve
the variance.
Vice - Chairman Blum — Stated that he agrees with Commissioner Seibert and if the addition to
the garage is set back five -feet, he can approve the variance.
Commissioner Yu — Stated that he concurred.
S:ommissioner L e Berthon — Stated that he also concurred.
Commissioner Seihert — Made a motion to approve Zone Variance 04 -1583 with the change for
the setback of the addition for the storage area behind the garage from three feet to five feet,
seconded by Commissioner Yu and unanimously carried.
S:hairman Griffiths — Stated that the motion to approve the request, with the above - mentioned
changes has carried unanimously. Stated that there is a 15 -day appeal /review period.
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P l a n n i n g C o m m i s s i o n
A u g u s t 2 4 , 2 0 0 4
P a g e 7
B . P U B L I C H E A R I N G : A Z O N E V A R I A N C E T O A L L O W T H E C O M P L E T E
R E F U R B I S H M E N T O F F O U R E X I S T I N G S I N G L E S T O R Y
D W E L L I N G S O N A 1 9 , 9 7 2 S Q U A R E F O O T R - 1 Z O N E D
P A R C E L . T H E P R O P O S E D R E H A B I L I T A T I O N W I L L
I N C L U D E N E W W I N D O W S , N E W D R Y W A L L , N E W
K I T C H E N A N D B A T H R O O M F I X T U R E S , E T C . T H E
S U B J E C T P R O P E R T Y I S A D D R E S S E D A S 5 0 0 1 5 0 0 9
W I L L M O N T E A V E N U E .
S I T E : 5 0 0 1 - 5 0 0 9 W I L L M O N T E A V E N U E
C A S E N O . : Z O N E V A R I A N C E 0 4 - 1 5 8 1
P R O P E R T Y O W N E R : J I M R O M A N I
5 0 0 E . L E M O N A V E N U E
A R C A D I A , C A L I F O R N I A 9 1 0 0 6
A P P L I C A N T :
G R A H A M B R I G G S
G R A H A M B R I G G S D E S I G N A S S O C I A T E S
9 0 9 S . S A N T A A N I T A A V E N U E , S U I T E I
A R C A D I A , C A L I F O R N I A 9 1 0 0 6
R E C O M M E N D A T I O N : 1 ) H E A R S T A F F R E P O R T
2 ) H E A R T H O S E F O R A N D A G A I N S T
3 ) C A T E G O R I C A L L Y E X E M P T [ 1 5 3 0 5 ( a ) ]
4 ) A D O P T R E S O L U T I O N
D i r e c t o r D a w s o n R e a d t h e S t a f f R e p o r t d a t e d A u g u s t 2 4 , 2 0 0 4 .
A s s i s t a n t P l a n n e r L i u - N a r r a t e d a n d s h o w e d t h e v i d e o .
T a m i R o m a n i S t a t e d t h a t s h e i s s p e a k i n g o n b e h a l f o f h e r a n d h e r h u s b a n d . A t t h i s t i m e , s h e
r e a d a l e t t e r t o t h e P l a n n i n g C o m m i s s i o n . E a c h P l a n n i n g C o m m i s s i o n e r r e c e i v e d a c o p y o f t h e
l e t t e r , w h i c h s t a t e d h e r r e a s o n s f o r a s k i n g f o r t h e V a r i a n c e .
C h a i r m a n G r i f f i t h s A s k e d i f a n y o n e h a d a n y q u e s t i o n s f o r t h e a p p l i c a n t .
C o m m i s s i o n e r L e B e r t h o n - A s k e d t h e a p p l i c a n t q u e s t i o n s r e g a r d i n g t h e p a r t i c u l a r c h a n g e s
b e i n g r e q u e s t e d t o b e d o n e t o t h e i n d i v i d u a l d w e l l i n g u n i t s . A s k e d i f t h e f r a m e d s k e l e t o n i s
" r e m a i n i n g t h e s a m e .
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Planning Commission
August 24, 2004
Page 8
Jim Romani — Stated that the skeleton of the buildings will remain the same and that the basic
structures are in good shape. Stated that he has been a builder for 20 years and is amazed at
how run down the units were inside. Stated that they are just improving the inside and the
structure is going to remain the same. Stated that one unit had an illegal bedroom where the
garage was and it will be converted back to a garage.
Chairman Griffiths - Asked if there were any other questions.
Commissioner Yu — Asked if there were any landscape plans and what was going to be done
with all of that open space.
Jim Romani — Stated that it would remain open and there would be a grass area with some
planters.
Chairman Griffiths — Asked the applicant if building permits were taken out for the renovations?
Jim Romani — Stated that there were no permits pulled because he sent his crew in there to
clean up the property and one thing led to another and by the time he got to the property, it had
already been red tagged by Code Enforcement. Stated that he made a mistake because he
had a lot of personal issues at that time.
Chairman Griffiths — Stated that if he had gone to pull building permits he would have been
advised of the rules and could have avoided the Code Enforcement action. Asked the
applicant why he did not have any concerns about the renovation, knowing that it was an R -1
property with four units.
Jim Romani — Stated that he called the City and asked only general questions but never gave
the address of the property because of the number of purchase offers on the property. Stated
that he has lost properties that way. Stated that he had a sequence of mistakes and
miscommunications that got him to this point.
Chairman Griffiths — Asked if anyone wanted to speak.
Graham Briggs — Stated that he prepared the plans and the renderings and was there to
answer any questions.
Michael Moffett, 5033 Willmonte Avenue- Stated that he was in favor of the project. Stated that
the property had previously been neglected and that he would like to see it improved. Stated
that he would prefer that those units be improved and not see two monster homes built there.
Stated that the existing one -story homes conform to the neighborhood.
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Planning Commission
August 24, 2004
Page 9
• Chairman Griffiths - Asked if anyone else wanted to speak.
Donald Dalton, 4927 Willmonte Avenue - Stated that the proposal would be an improvement to
the neighborhood. Made comments similar to those made by Michael Moffett.
Norma Lobo, 4958 Agnes Ave., Temple City — Stated that she lives directly behind the
property. Stated that she was concerned about the fencing or the wall. Stated that the fence is
rotten and there is a big hole there. Stated that she was curious about the fencing or wall that
would be constructed there.
Commissioner Seibert — Stated that there was nothing to prevent her from erecting her own
fence.
Chairman Griffiths — Asked if anyone else wanted to speak.
James D. Sarullo, 4938 Willmonte Ave., Temple City — Stated that he is in favor of the proposal
for the reasons already stated.
Chairman Griffiths — Asked if anyone else wanted to speak in favor or opposition to the project.
• Diana Young, 4946 Willmonte Ave., Temple City — Stated that she was not really speaking
against the project, but felt as though the options were limited; the neighborhood could
continue to have this property occupied by problem tenants or have the possibility of two -story
homes built on that property, if the variance were denied. Stated that the current condition of
the property is unacceptable.
Chairman Griffiths — Asked if anyone else wanted to speak in opposition.
Paul Ng, 5013 Willmonte Ave., Temple City - Stated that the previous tenants on the subject
property were undesirable, and he was concerned about having rentals in the neighborhood
and attracting similar types of tenants in the future.
Chairman Griffiths — Asked if anyone else wanted to speak.
Michael Moffett, 5013 Willmonte Ave., Temple City - Stated that a new family starting out may
not have money to purchase a house and that renting does not necessarily mean that you will
be an undesirable tenant.
Commissioner Seibert — Stated that he appreciated the comments made.
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Planning Commission
August 24, 2004
Page 10
Tami Romani — Stated that with respect to the issue raised about the type of tenants, there
would be a very thorough screening of anyone that will live there. Stated they will not allow an
undesirable environment to exist on their property.
Commissioner Seibert — Made a motion to close the Public Hearing, seconded by Vice -
Chairman Blum and unanimously carried.
Chairman Griffiths — Closed the Public Hearing and began discussion.
Commissioner Yu — Stated that this is a very difficult situation; the whole reason for Zoning and
master planning is so that in time there could be a transition to the uses that are allowed.
Stated that it is the duty of the Planning Commission to make sure that the future development
of the City conforms to the General Plan. Stated that when he looks at this property, he can
see that the existing detached homes are similar with many of the other single story homes . in
the neighborhood. Stated that he has driven down the street and agrees with many of the
neighbors in that there are not really any two -story dwellings in the neighborhood. Stated that
he is pretty sure that any new development would probably consist of larger homes. Stated
that he is uneasy about what type of development there could be in the future. At this point, he
is in favor of granting the Variance.
Commissioner_ Le Berthon - Stated that he sees this as an unusual situation; it is an R -1 zoned
area and these are individual homes that by themselves would not qualify to exist separately on
an R -1 zoned lot. Stated that the alternative would be to have a lot split which would allow for
homes that would be definitely out of character within the neighborhood. Stated that this is an
unusual situation in that by allowing the situation to exist as it is, it is actually more in keeping
with the neighborhood, than the alternative of having nice individual homes. Stated that he can
also make the findings to grant the Variance as requested.
Commissioner Seibert — Stated that unfortunately there are no guarantees that there will not be
problem tenants in the future. Stated that if the existing parcel were split, there is nothing to
say that the homes would have to be two -story. Stated that just because it is a lot split it does
not guarantee what will be built there. Stated that at this point the Planning Commission has
an obligation to follow the Code and keep the neighborhood as an R -1 zoned area. This is an
opportunity to correct a non - conforming situation. Stated that he could not vote in favor of the
Variance.
Vice - Chairman Blum — Stated that there are several issues on both sides of the argument.
Stated we could get conforming R -1 houses that are probably going to be owner - occupied or
do we stay with what we have, which is single -story units on a large lot owned by an absentee
landlord. Stated that when he drove down the street, the houses are pretty much on 50 foot
wide Tots and when you get to this property it has an open feel to it rather than everything being
bunched up. Stated that two -story houses would be out of place, but we do not know if they
will be built single story or two -story. Stated that with the current density requirements, these
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P l a n n i n g C o m m i s s i o n
A u g u s t 2 4 , 2 0 0 4
P a g e 1 1
f o u r h o u s e s a s t h e y e x i s t c o u l d p o s s i b l y e v e n h a v e a l e s s e r f o o t p r i n t o n t h e p r o p e r t y t h a n t w o
n e w h o u s e s . S t a t e d t h a t h e w o u l d l i k e t o h e a r f r o m t h e f i n a l C o m m i s s i o n e r b e f o r e m a k i n g a
d e c i s i o n .
C h a i r m a n G r i f f i t h s S t a t e d i t i s a n R - 1 z o n e d p r o p e r t y a n d h a s b e e n z o n e d R - 1 f o r m a n y
y e a r s . S t a t e d t h a t t h e Z o n i n g C o d e a n d t h e G e n e r a l P l a n w e r e b o t h d e v e l o p e d t o r e f l e c t t h e
t h i n k i n g a t t h a t t i m e . S t a t e d t h a t t h e r e i s v e r y l i t t l e j u s t i f i c a t i o n f o r t h e i d e a o f h a v i n g r e n t a l
p r o p e r t y o n a n R - 1 l o t . S t a t e d t h a t t h i s i s r e n t a l p r o p e r t y , w i t h a h i g h e r d e n s i t y , i n a n R - 1 z o n e
t h a t i s i n c o m p a t i b l e i n a s i n g l e - f a m i l y n e i g h b o r h o o d . S t a t e d t h a t t h e R - 1 z o n i n g n e e d s t o b e
o b s e r v e d a n d t h e s e t b a c k s a n d s o f o r t h n e e d t o b e o b s e r v e d a n d t h e y a r e n o t w i t h t h e p r e s e n t
b u i l d i n g s . T h e e x i s t i n g i m p r o v e m e n t s d o n o t m e e t c u r r e n t m i n i m u m r e q u i r e m e n t s i n m a n y
r e s p e c t s . S t a t e d t h a t t h e c u r r e n t a p p l i c a n t m a y h a v e g o o d i n t e n t i o n s , b u t o v e r t i m e p r o p e r t i e s
a r e s o l d . I t i s i m p o r t a n t t o s t a y w i t h s o u n d p l a n n i n g . S t a t e d t h a t h e i s u n a b l e t o m a k e t h e
f i n d i n g s t o s u p p o r t t h e V a r i a n c e f o r t h e r e a s o n s s t a t e d . S t a t e d t h e r u l e s w e r e e s t a b l i s h e d
t h r o u g h c o m m u n i t y e f f o r t s a n d t h e y s h o u l d n o t b e i g n o r e d . S t a t e d h e i s a g a i n s t t w o - s t o r y
m o n s t e r h o m e s , b u t t h e r e r e a l l y i s n o t h i n g t o p r e v e n t t w o - s t o r y h o m e s i n a n R - 1 z o n e u n l e s s i t
i s o n a t i e r e d o r f l a g l o t . S t a t e d t h a t i s n o t t h e i s s u e t o n i g h t ; t h e i s s u e i s t h e n o n - c o n f o r m i n g
f o u r u n i t s a n d h e c a n n o t v o t e i n f a v o r o f g r a n t i n g t h e V a r i a n c e .
V i c e - C h a i r m a n B l u m A s k e d t h e C i t y A t t o r n e y a q u e s t i o n a b o u t t h e l o w - i n c o m e h o u s i n g
r e q u i r e m e n t s f o r t h e C i t y ,
C i t y A t t o r n e y M a r t i n - S t a t e d t h a t t h e p r i m a r y o b s e r v a t i o n o n t h e l o w c o s t h o u s i n g i s 2 0 % s e t
a s i d e f r o m t h e C R A . S t a t e d t h a t t h e S t a t e e n c o u r a g e s C i t i e s t o p r o v i d e f o r h o u s i n g f o r l o w a n d
m o d e r a t e - i n c o m e p o p u l a 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 S t a t e d o e s r e q u i r e t h e C i t y t o p r o v i d e a f f o r d a b l e h o u s i n g b u t
t h a t i s n o t p a r t o f t h e r e q u e s t ; s t a t e d t h a t i f t h e o w n e r w o u l d a g r e e t o a c o n d i t i o n t h a t s t a t e s t h a t
t h i s h o u s i n g b e r e s e r v e d f o r S e c t i o n 8 r e c i p i e n t s , t h e n t h e C i t y c o u l d b e a s s u r e d t h a t t h e
h o u s i n g w o u l d b e a f f o r d a b l e i n t h e f u t u r e . H o w e v e r , a t t h i s t i m e t h e p r o p e r t y o w n e r h a s m a d e
n o s u c h c o m m i t m e n t .
C o m m i s s i o n e r Y t t S t a t e d t h a t h e w a n t e d t o m a k e a r e m a r k b e f o r e V i c e - C h a i r m a n B l u m
m a d e h i s d e c i s i o n . S t a t e d t h a t i n h i s o p i n i o n t h e d i f f e r e n c e b e t w e e n R - 1 a n d m u l t i p l e f a m i l y
z o n i n g i s s i n g l e - f a m i l y v s . m u l t i p l e f a m i l y a n d r e a l l y d o e s n o t h a v e a n y t h i n g t o d o w i t h t e n a n c y .
S t a t e d t h a t a n y s i n g l e - f a m i l y h o m e c a n b e r e n t e d o r l e a s e d . S t a t e d t h a t h e d i d n o t t h i n k t h e
o w n e r s h i p h a d a n y t h i n g t o d o w i t h t h e q u a l i t y o f t h e p e o p l e l i v i n g t h e r e . S t a t e d t h a t j u s t
b e c a u s e i t i s b e i n g r e n t e d d o e s n o t m e a n i t w i l l d e t e r i o r a t e . S t a t e d t h a t t h e c u r r e n t
i m p r o v e m e n t s r e s e m b l e s i n g l e - f a m i l y .
C o m m i s s i o n e r S e i b e r t S t a t e d t h a t i t i s R - 1 p r o p e r t y a n d t h e c u r r e n t i m p r o v e m e n t s d o n o t
. c o m p l y . S t a t e d t h a t t h e q u e s t i o n i s w h e t h e r o r n o t t h i s n o n - c o n f o r m i t y s h o u l d b e a l l o w e d t o
c o n t i n u e ? T h e t e n a n c y o r o c c u p a n c y h a s n o t h i n g t o d o w i t h t h e h e a r i n g ; i t i s w h e t h e r t h e s e
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Planning Commission
August 24, 2004
Page 12
units should be allowed to continue in an R -1 zone. Stated that he felt that the non - conformity
should not be allowed to continue because the structures are over 50 years old and have come
to the end of their life span. Stated that the Planning Commission has the opportunity to
eliminate a non - conforming use and he feels the Planning Commission should take advantage
of that without any consideration about future tenants or possible future development, such as
one story vs. two -story homes. Stated that those issues do not have anything to do with the
hearing; the hearing is to consider whether or not to allow a non - conforming use to continue in
an R -1 zone. Stated that he cannot make the findings to allow that. Stated that it is the
mistake of the new owners for not doing their research about the property and they have
reasons that they did not, but that is not the purpose of the hearing; the purpose is to decide
the appropriate land use for this property, which is zoned R -1.
Commissioner I e Berthon — Asked Director Dawson a question about how many repairs can
be made without requiring a Variance.
Director Dawson — Stated that there is an attached memo, which outlines acceptable
maintenance measures to non - conforming structures. Stated that in this case, these structures
have been stripped down to the bone.
Commissioner I e Berthon- Stated that there are certain repairs that can be done and asked if
the applicant has gone over the limits.
Director Dawson — Stated that the owner has gone far beyond routine repair work. Stated that
the structures are essentially skeletal structures, not habitable.
f hairman Griffiths — Asked if there were any further comments.
Commissioner Seibert — Made a motion to adopt the Resolution to deny Zone Variance 04-
1581 because it does not comply with the current Zoning Code and he cannot make the
required findings, seconded by Commissioner Blum.
Roll call vote:
Commissioner Yu — no to deny
Commissioner Seibert — yes to deny
Commissioner Le Berthon — no to deny
Vice - Chairman Blum - yes to deny
Chairman Griffiths - yes to deny
City Attorney Martin — Stated that the application has been denied by a 3 — 2 vote.
•
•
Director Dawson — Stated that there is a 15 -day appeal period and any action of the Planning •
Commission is appealable to the City Council
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Planning Commission
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Page 13
• C. PUBLIC HEARING: A CONDITIONAL USE PERMIT AND ZONE VARIANCE TO
ALLOW THE ESTABLISHMENT OF A 1,994 SQUARE
FOOT RESTAURANT USE IN AN EXISTING COMMERCIAL
BUILDING WHICH WAS PREVIOUSLY USED AS A PRINT
SHOP; BASED UPON THE SIZE OF THE BUILDING, USE
OF THE BUILDING FOR A RESTAURANT (AS OPPOSED
TO A GENERAL COMMERCIAL USE) WOULD RESULT IN
A PARKING DEFICIENCY OF 12 SPACES. THE
PROPOSED SUBJECT RESTAURANT USE WOULD
REQUIRE 20 PARKING SPACES AS OPPOSED TO A
GENERAL COMMERCIAL USE, WHICH WOULD REQUIRE
8 SPACES. THE SUBJECT PROPERTY IS LOCATED IN
THE TEMPLE CITY (TC) DISTRICT OF THE DOWNTOWN
SPECIFIC PLAN.
SITE: 5936 TEMPLE CITY BOULEVARD
CASE NO.: CONDITIONAL USE PERMIT 04 -1577;
ZONE VARIANCE 04 -1578
APPLICANT: STAN SZETO
• SZETO & ASSOCIATES
1300 E. MAIN ST., STE. 109
ALHAMBRA, CA 91801
PROPERTY OWNER: TEMPLE 5936 INVESTMENTS, LLC
AGENT: FANG -BA LIN
5936 TEMPLE CITY BLVD.
TEMPLE CITY, CA 91780
RECOMMENDATION: 1) HEAR STAFF REPORT
2) HEAR THOSE FOR AND AGAINST
3) NEGATIVE DECLARATION
4) ADOPT RESOLUTION
Director Dawson — Read the Staff Report dated August 24, 2004.
Assistant Planned iu - Narrated and showed the video.
Commissioner Ytt — Asked if the parking was problematic.
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Page 14
Director Dawson — Stated that there have been complaints about parking revolving around the
Alano Society which is a meeting place and was a big parking problem about eight years ago
and there was a parking study conducted at that time. Stated that at that time a 30- minute
parking limit was imposed.
Commissioner Yu — Asked if they still meet there.
Director Dawson — Stated that they still meet there and there is still a 30- minute parking limit.
Stated that there are still complaints.
Chairman Griffiths — Asked if there were any other questions. Opened the Public Hearing.
Herb Mahaffey, 2120 Louise Ave., Arcadia — Stated that he owns the property next door and
despite the 30- minute limit that is imposed there is still a parking problem. Stated that most
businesses on that block can be frequented in 30 minutes but a restaurant would have a
problem with this. Stated his concerns about the traffic on Friday evenings because of the
automotive building on that block.
•
Charlie Mavaro, 5952 Temple City Blvd — Stated that he owns the vacuum cleaner repair shop
on that block and that there has been a parking problem for a long time. Stated that the
subject property only has a five -car parking lot. Stated that most businesses on that block can •
be frequented in 30 minutes but a restaurant would have a problem with this.
Chairman Griffiths — Asked if anyone else wanted to speak.
Commissioner Seibert — Made a motion to close the Public Hearing, seconded by Vice -
Chairman Blum and unanimously carried.
Chairman Griffiths — Closed the Public Hearing and began discussion.
Vice - Chairman Blum — Stated that this use would introduce a high level of intensity to the
neighborhood and that he would have to vote to deny this use.
Commissioner Yu — Stated that he concurred.
Commissioner Le Berthon — Stated that he concurred.
Commissioner Seibert — Stated that he concurred.
Chairman Griffith s — Stated that he also concurred.
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Planning Commission
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Page 15
• Vice - Chairman Blum — Made a motion to deny Conditional Use Permit 04 -1577 and Zone
Variance 04 -1578 and adopt the draft Resolution, seconded by Commissioner Seibert and
unanimously carried.
Chairman Griffiths — Stated that the motion to deny the application carries and that there is a
15 -day appeal /review period.
D. DISCUSSION ITEM: THE PLANNING COMMISSION WILL DISCUSS THE
MORATORIUM PROCESS AS SET FORTH IN STATE
LAW.
Director Dawson — Read the Staff Report dated August 24, 2004.
Vice - Chairman Blum — Stated that he would like to suggest that the action item for tonight is
basically that the Planning Commission get an interim report from the consultant on where we
are and how soon we are going to get something and express to them the dilemma we are
facing and that we need some feedback.
Chairman Griffiths — Stated that he concurred and asked Director Dawson if he can act on that.
•Director Dawson — Stated that he is going to meet with them and will try to get some feedback
after the September 23, 2004 Community Workshop.
•
9. MATTERS FROM CITY OFFICIALS: None
10. ADJOURNMENT
They're being no further business; Chairman Griffiths adjourned the meeting at 10:10
p.m.
ATTEST:
Secretary
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