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HomeMy Public PortalAbout14) 8A Public Hearing - Appeal of Planning Commission Decision 6-Units Condo, 5556 Welland AvenueCity Council January 19, 2016 Page 2 of 3 4. On October 27, 2015, the Planning Commission held a public hearing to consider the matter. The Planning Commission unanimously approved the proposed tentative tract map and major site plan review submitted by the applicant (see Attachments "8" and "C" for the Planning Commission staff report and minutes). 5. On November 9, 2015, an appeal of the Planning Commission's decision was filed with the City Clerk (Attachment "D"). ANALYSIS: The appeal was submitted specifying that the proposed development is in violation of Section 66474 of the Subdivision Map Act, which includes seven findings that must be met for a project to be approved. Specifically the appellant has cited the finding that states, "That the site is not physically suitable for the type of development." As evidence of this fact the appellant calculated the proposed density for the project site (5556 Weiland Avenue) by also including the land area and existing number of units for the two adjacent properties. By including the two adjacent sites, the appellant believes that the proposed density for the development at 5556 Weiland Avenue and the two adjacent sites is 20.28 dwelling units per acre. The proposed residential condominium development is consistent, in terms of density and use, with the City's Zoning Code and General Plan designations. The property is zoned R-2, and designated Medium Density Residential in the City's General Plan. The General Plan allows a maximum of 12 dwelling units per acre. The density of the proposed project is 10.65 dwelling units per acre. The appellant has incorrectly calculated the density by including the adjacent properties, one of which happens to be legally non-conforming. Additional analysis is provided in the Planning Commission Staff Report (Attachment "B"). The appellant has not provided any additional evidence demonstrating that the site is not physically suitable for the type of development. Over the last 15 years the City has approved 25 developments on lots with the same allowed density and with similar dimensions. Of these cases, the City has also approved Certificates of Occupancy for 20 properties with a similar density. None of these sites have proven to be physically unsuitable for development. A site that is physically unsuitable for development could include properties with severe slopes, soil composition that is unsuitable for development, located over an earthquake fault, or some other hazardous condition that make development of the site unsuitable. None of these conditions are known to exist on the property. City Council January 19, 2016 Page 3 of 3 Based upon the finding that the tentative tract map is consistent with the land use designation for the site as well as the requirements of the Subdivision Map Act; and based upon the finding that the proposed development satisfies all applicable development standards of the Zoning Code and General Plan; staff recommends that the City Council adopt Resolution No.16-5141 approving File No. 15-210, subject to conditions of approval. CITY STRATEGIC GOALS: Upholding the Planning Commission's decision and approving the proposed development will further the City's Strategic Goals of Public Health and Safety, Quality of Life, and Sustainable Infrastructure. FISCAL IMPACT: This item does not have an impact on the Fiscal Year 2015-16 City Budget. ATTACHMENTS: A. Resolution No. 16-5141 B. Planning Commission Staff Report C. Planning Commission Meeting Minutes of October 27, 2015 D. Appeal Form E. Tentative Tract Map No.73566 F. Development Plans ATTACHMENT A RESOLUTION NO. 16-5141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING FILE NO. 15-210 WHICH INCLUDES THE TENTATIVE TRACT MAP NO. 73565 AND A SITE PLAN REVIEW FOR THE PROPOSED SIX UNIT RESIDENTIAL CONDOMINIUM AT 5556 WELLAND AVENUE. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE: SECTION 1. The City Council has considered all of the evidence submitted into the administrative record, which includes, but is not limited to: 1. Reports and presentation of project related data and analysis prepared by the Community Development Department. 2. The City of Temple City Municipal Code, and all other applicable regulations and codes. 3. Public comments, written and oral, received and/or submitted at or prior to the public hearing, supporting and/or opposing the applicant's request. 4. Testimony and/or comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the public hearing. 5. All related documents received and/or submitted at or prior to the public hearing. SECTION 2. Based on the following prefacing facts as more fully set forth in the administrative record, the City Council finds that: 1. On July 28, 2015, the applicant submitted the application. 2. On September 22, 2015, the application was deemed complete. 3. Notice of the October 14, 2015 Planning Commission public hearing was posted at the Council Chambers. 4. Notice of the Planning Commission public hearing was put in the newspaper at least ten (1 0) days prior to the hearing. 5. Notice of the October 14, 2015 Planning Commission was mailed to property owners within 300 feet of the property at least ten (1 0) days prior to the hearing. City Council of the City ofTemple City Resolution No. 16-5141 January 19, 2016 Page 2 6. Notice of the public hearing satisfied the noticing requirements set forth in Government Code Sections 65090 and 65091. 7. The project site is zoned R-2, Multiple Family Residential. 8. The project site is designated Medium Density Residential by the General Plan. 9. The applicant is proposing to subdivide the site resulting in a six-unit condominium development. 10. The applicant is proposing to construct six two-story residential dwellings on the site after the subdivision. 11. On October 27, 2015 at a public hearing, the Planning Commission approved the project by a vote of 5-0. 12. On November 9, 2015, a member of the public filed with the City Clerk a request appealing the Planning Commission's decision to the City Council. The public hearing for the appeal was subsequently scheduled for the Council meeting of January 19, 2016. 13. Notice of the City Council public hearing was put in the newspaper least ten (1 0) days prior to the hearing. 14.Notice of the January 19, 2016 City Council meeting was mailed to property owners within 300 feet of the property at least ten (1 0) days prior to the hearing. 15. Notice of the public hearing satisfied the noticing requirements set forth in Government Code Sections 65090 and 65091. SECTION 3. For the tentative map, the City Council must deny the project if it can make any of the following findings of Section 66474 of the Subdivision Map Act: 1. That the proposed map is not consistent with applicable general and specific plans; The proposed map will result in six dwelling units which will be consistent with the zoning and General Plan designation for the site. Therefore such a finding cannot be made for the project. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans; and The sizes and dimensions of the condominium project, as well as the site configuration meet all applicable regulations and standards. The structural City Council of the City ofTemple City Resolution No. 16-5141 January 19, 2016 Page 4 acquired easements for access through or use of property within the proposed subdivision. The design of the tentative tract map is required to comply with all the conditions developed by the City's Engineer to address the use of existing public easements and future easements dedication. The final map review and approval is contingent on the compliance with such conditions. Therefore, such a finding cannot be made for the project. SECTION 4. Based upon a public hearing for the site plan review, the City Council finds: 1. The construction complies with all applicable provisions of this Zoning Code. The proposed tentative tract map is consistent with all applicable provisions of the Zoning Code which includes the standards of development for multi-family use in the R-2 zone. Therefore, the project meets this finding. 2. The construction is consistent with the General Plan, any applicable specific plan, and any special design theme adopted by the City for the site and vicinity. The proposed tentative tract map is consistent with the General Plan in that the proposed project density is six units or 10.6 units per acre and the proposed use is a multi-family use which is consistent with the medium density residential designation. The design of the construction has been reviewed and is found to comply with the Design Guidelines of the Zoning Code. Therefore, the project meets this finding. 3. The approval of the site plan review is in compliance with the California Environmental Quality Act (CEQA). The approval of the site plan review is in compliance with the California Environmental Quality Act (CEQA) the project is categorically exempt from CEQA pursuant to Section 15303 New Construction or Conversion of Small Structures and Section 15332 In-Fill Development Projects of the CEQA Guidelines. Therefore, the project meets this finding. 4. The proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale, with existing uses, development, signs, structures, and landscaping for the surrounding area. City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 Page 5 The scale and appearance of the six proposed units have been reviewed and have been found to be compatible with the surrounding neighborhood. There are several existing condominium developments on Weiland Avenue, as well as existing multi- family residential developments on Santa Anita Avenue (east of the site). The design of the structures are found to comply with the provisions contained in the Design Guidelines of the Zoning Code. The applicant is required to submit a landscape plan to demonstrate that permeable and landscaped areas are provided to the extent possible. Therefore, the project meets this finding. 5. The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features. The project is large enough to accommodate six dwelling units. The proposed development provides adequate area to support the proposed density, required yard areas, parking requirements, and other development features. Therefore, the project meets this finding. SECTION 5. This project is found to have no significant effects upon the environment, and is Categorically Exempt from environmental review per CEQA Guidelines, §15303 (New Construction and Conversion of Small Structures) and §15332 (In-fill Development Projects). SECTION 6. Accordingly, File 15-210 and Tentative Tract Map 73565 is approved, subject to the following conditions: FINAL MAP REQUIREMENTS 1. A final tract map prepared by or under the direction of a registered civil engineer or licensed land surveyor shall be submitted to and approved by the City of Temple City prior to being filed with the Los Angeles County Recorder. 2. A soils report is required. 3. A preliminary tract map guarantee shall be provided which indicates all trust deeds (to include the name of the trustee), all easement holders, all fee interest holders, and all interest holders whose interest could result in a fee. The account for this title report shall remain open until the final tract map is filed with the Los Angeles County Recorder. 4. Easements shall not be granted or recorded within any area proposed to be dedicated, offered for dedication, or granted for use as a public street, alley, highway, right of access, building restriction, or other easements until after City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 Page6 the final tract map is approved by the City of Temple City and filed with the Los Angeles County Recorder; unless such easement is subordinated to the proposed dedication or grant. If easements are granted after the date of tentative approval, a subordination shall be executed by the easement holder prior to the filing of the final tract map. 5. Monumentation of tract map boundaries, street centerlines, and lot boundaries is required if the map is based on a field survey. 6. All conditions from City of Temple City Departments and Divisions shall be incorporated into the tract map prior to submitting the tract map for review. 7. In accordance with California Government Code Sections 66442 and/or 66450, documentation shall be provided indicating the mathematical accuracy and survey analysis of the tract map and the correctness of all certificates. Proof of ownership and proof of original signatures shall also be provided. 8. Proof of Tax clearance shall be provided at the time of tract map review submittal. 9. Upon submittal of the tract map for review by the City of Temple City, a letter signed by both the subdivider and the engineer shall be provided which indicates that these individuals agree to submit one (1) set of blueprints, one sepia mylar, and PDF copy on a CD of the recorded map to the City of Temple City Public Works Department. PLANNING 10. The applicant and property owners, and their successors in interest, shall indemnify and defend the City of Temple City and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City's expenses incurred in its defenses of any lawsuit challenging the City's actions concerning this project. 11. Prior to approval of the final map, the following shall be submitted to and approved by the City of Temple City unless specifically waived: a. Public Improvement Estimates and Surety Bonds b. Final Map c. Landscape and Irrigation Plan City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 Page 8 20. The applicant/property owner shall maintain the subject property after this date and until start of construction and until the project is completed to be free of weeds, debris, trash or any other offensive, unhealthful and dangerous material. If after five days notice by certified mail, the developer does not comply with the before-mentioned criterion, the City Council may void the Conditional Use Permit, Tentative Map, Building Permits, etc. and/or enter the subject property with City forces and remove all subject violations, bill the applicant and/or put a lien on the subject property. 21. Noise shall not exceed the limits of the City's noise ordinance. During any demolition and/or construction, noise will be controlled by limiting work from 7:00 a.m. to 7:00 p.m. on the site, and requiring all trucks and motorized equipment to have properly operating mufflers. 22. The Park Development fee of $500 per dwelling in the total amount of $3,000 and the Sewer Reconstruction fee of $25,000 shall be paid to the City of Temple City prior to the issuance of building permits for any new construction. 23. As provided for in Government Code Section 66020, applicant has ninety days from the date this project is approved to protest the imposition of any fees, dedications, reservations, or exactions imposed on the project for the purposes of defraying the costs of public improvements, services, or amenities. This condition shall serve as the notice the City is required to provide applicant under GC Section 66020(d)(1 ). 24. All windows shall be double pane to mitigate noise impacts and assist in energy conservation. 25. The six dwelling units shall be provided with a mechanical ventilation system designed to attain enhanced air filtration with the use of air filters that have a filtration efficiency equivalent to a minimum efficiency reporting value (MERV) of 14 or higher as determined by testing methods established by the American Society Of Heating, Refrigerating And Air-Conditioning Engineers (ASHRAE) standard 52.2, as periodically amended. All such ventilation system equipment and air filters shall be installed, operated, maintained and replaced in a manner consistent with applicable building code requirements and with the manufacturer's specifications and recommendations. Alternative air pollution mitigation measures (e.g., setbacks, landscaped buffers, etc.) may be utilized where feasible if they can be shown to have a mitigating effect that is equal to or greater than the enhanced air filtration measures specified herein. (Ord. 13-972) 26. Prior to approval of the final map or the issuance of grading permits and building permits, a precise grading and drainage plan must be submitted and approved to: City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 Page 10 32. Prior to the final map approval, the subdivider shall submit a request to the Community Development Department for the addresses for each of the dwelling units. 33. Prior to the issuance of the Certificate of Occupancy, the street name sign(s) shall be installed for the private street at the location determined by the Public Works Division of the City. 34. Reserve reciprocal easements for drainage, ingress/egress, sewer, water, utilities, right to grade, and maintenance purposes, etc., in documents over the common private street to the satisfaction of the City Engineer. The repair and maintenance of the utilities within the said reciprocal easements shall be the sole responsibility of the Home Owner Association. 35. The conditions of approval contained in this Resolution may be enforced by the Sheriff's Office as well as City staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. 36. No building permits shall be issued until the final map has been recorded. Demolition permits for site clearance, if applicable, must be finaled prior to final map and grading permits may also be issued after tentative map approval. 37. There shall be installed a separate water, gas, and electric meter for each dwelling unit, as well as a separate meter for common irrigation, if applicable. 38. Proof of Tax clearance shall be provided at the time of final map review submittal. 39. Prior to issuance of Certificate of Occupancy, building address numbers shall be approved by the City and submitted to LACFD. 40. Upon submittal of the final map for review by the City, a letter signed by both the subdivider and the engineer shall be provided which indicates that these individuals agree to submit five (5) blueprints and one sepia mylar of the recorded map to the City Public Works Division. 41. That this tentative map shall expire 24 months from the date of approval. If the final map is not to be recorded prior to the expiration date, the subdivider may apply in writing to the Community Development Director at least forty ( 40) days before the expiration date for an extension of time on the approval of the map. The Map may be extended for up to five (5) years from the date of approval, at the discretion of the granting body. City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 ENGINEERING Page 11 42. School Developmental Fees shall be paid to the School District prior to the issuance of the building permit. 43. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit. 44. An application to assign building numbers shall be filed with Building Division prior to plan check submittal. 45. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect. 46. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided. 47. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following: a. Observation of cleared areas and benches prepared to receive fill; b. Observation of the removal of all unsuitable soils and other materials; c. The approval of soils to be used as fill material; d. Inspection of compaction and placement of fill; e. The testing of compacted fills; and f. The inspection of review of drainage devices. 48. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation. 49. Prior to permit issuance the PDF copy of the soils report shall be provided by the applicant. 50. A grading and drainage plan shall be approved prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water. City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 Page 12 51. The building permit will not be issued until the property has been surveyed and the boundaries marked by a land surveyor licensed by the State of California. 52. Foundation inspection will not be made until the excavation has been surveyed and the depth and location of the footings has been determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT LOCATION. 53. Project shall comply with the Cal Green Residential requirements. 54. Demolition permit is required for any existing buildings which are to be demolished. 55. All fire sprinkler hangers must be designed and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250 pound point load. A plan indicating this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit. 56. Separate permit is required for Fire Sprinklers. 57. Building permits shall not be issued until the final map has been prepared to the satisfaction of the Building Official. THE FOLLOWING ARE GENERAL REQUIREMENTS: 58. The initial plan check fee will cover the initial plan check and one recheck only. Additional review required beyond the first recheck shall be paid for on an hourly basis in accordance with the current fee schedule. 59. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check. 60. South Coast Air Quality Management District must be contacted prior to any demolition or renovation. Call (909) 396-2000 for further information. Failure to comply with the provisions of Rule 1403 may result in a penalty of up to $25,000 per day. City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 PUBLIC WORKS ENGINEERING FEES: Page 14 66. Prior to issuance of grading, building or other permits as appropriate, the applicant shall pay all necessary fees to the City. 67. A separate public works permit and payment of fee is required for all work in the public right-of-way. OFF-SITE IMPROVEMENTS REQUIREMENTS IN PUBLIC RIGHT-OF-WAY: 68. Separate plans for improvements within the public right-of-way are not required. However, prior to issuance of a building and/or grading permit, all necessary improvements within the public right-of-way shall be shown on building and on grading plans in accordance with established City standards or as directed by the City Engineer and/or his/her designee. THE FOLLOWING ARE REQUIRED FOR THE OFF-SITE IMPROVEMENTS: 69. Install new driveway approach on Weiland Avenue in accordance with SPPWC as directed by the City Engineer or his/her designee. 70. Close existing driveway apron, and install necessary improvements (parkway, landscape, sidewalk, curb and gutter, any others as applicable) to match required adjacent sections, and as directed by the City Engineer or his/her designee. 71. Install new concrete sidewalk along the length of the property frontage in accordance with SPPWC Standard Plan 113-2, and as directed by the City Engineer and/or his/her designee. 72. Remove and replace broken and off grade curb and gutter in accordance with SPPWC Standard Plan 120-2, and as directed by the City Engineer or his/her designee. 73. Rehabilitate existing AC street pavement along the length of the property frontage to the centerline of the street as indicated below, and as directed by the City Engineer or his/her designee: a. Pay in-lieu fee in the amount of $7,100.00 for the required rehabilitation work to the City. City will use the in-lieu fees in the future for street rehabilitations as necessary. 74. Water meters shall not be located in the side walk as directed by the City Engineer or his/her designee. If applicable, relocate existing water meter. 75. Underground all services to the property. City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 Page 15 THE FOLLOWING ARE GENERAL REQUIREMENTS FOR OFF-SITE IMPROVEMENTS: 76. All improvements are to be designed, installed and completed at the sole expense of the applicant/developer/property owner. 77. The applicant/developer/property owner shall design and construct the improvements to the satisfaction and approval of the City Engineer or his/her designee. 78. All work shall be done in accordance with Standard Plans for Public Works Construction (SPPWC), and/or as directed by the City Engineer or his/her designee. 79. Project shall meet all requirements of the National Pollutant Discharge Elimination System (NPDES) related to pollutants; runoff or non-stormwater discharges. 80. All existing damaged or off-grade curb, gutter and sidewalk shall be removed and replaced as directed by the City Engineer or his/her designee. 81. Any existing improvements damaged or made off-grade during construction, shall be removed and replaced in accordance with appropriate standards, and as directed by the City Engineer or his/her designee. 82. Bench Marks, Center Line Ties, and any other Survey Monumentation, shall be established and/or replaced accordingly at the completion of the project. 83. When required, existing street pavement shall be rehabilitated along the length of the property frontage to the centerline of the street and as directed by the City Engineer or his/her designee: 84. All new driveways shall be according to SPPWC Standard Plan 110-2, Type B or C with the minimum width established by Planning and/or Los Angeles County Fire Department. 85. All existing noncomplying driveway aprons shall be constructed in accordance with applicable SPPWC standards. 86. Top of driveway apron X shall be 5 feet minimum from any trees, power poles, traffic signal controllers, electric services or similar improvements in the public right of way. City Council of the City of Temple City Resolution No. 16-5141 January 19, 2016 Page 16 87. When required, all existing driveways aprons to be closed shall be removed and replaced with necessary improvements (parkway, landscape, sidewalk, curb and gutter, any others as applicable) to match required adjacent sections, and as directed by the City Engineer or his/her designee. 88. All existing and proposed utilities shall be conveyed to the site underground. 89. New street lights shall match existing street light standards in the street block, and as directed by the City Engineer or his/her designee. If required by City, a bond shall be provided for required Public Improvements. Bond Cost for the Public Improvements shall be calculated based on latest cost unit prices adopted by the County of Los Angeles. FIRE PROTECTION 90. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires all weather access. 91. Fire Department apparatus access shall be extended to within 150 feet of all portions of the exterior walls of any future buildings or structures. Verification for compliance will be performed during the architectural plan review prior to building permit issuance. 92. All existing buildings shall provide approved address numbers. Compliance required prior to occupancy to the satisfaction of the Department of Public Works and the County of Los Angeles Fire Code. 93. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires all weather access. 94. All proposed streets within this development shall provide approved street names and signs. All future buildings shall provide approved address numbers. Compliance required prior to occupancy to the satisfaction of the City of Temple City, Public Works and the County of Los Angeles Fire Code. 95. Provide a minimum unobstructed width of 20 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance "clear to sky" Fire Department vehicular access to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building. Fire Code 503.1.1 & 503.2.1. City Council of the City ofT emple City Resolution No. 16-5141 January 19, 2016 ATTEST: CITY CLERK Page 18 I hereby certify that the foregoing Resolution, Resolution No. 16-5141, was adopted by the City Council of the City of Temple City at a regular meeting held on the 19th of January, 2016, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: October 27, 2015 Planning Commission Meeting Staff Report-Item No. 7A File 15-210, Tentative Tract Map and Major Site Plan Review REQUIRED FINDINGS: The required findings are provided in the attached resolution (Attachment "A") in accordance with Section 66474 of the Subdivision Map Act for the tentative tract map, and in accordance with the provisions in 9-lF-11, Burden of Proof, of the Temple City Municipal Code for a Conditional Use Permit. ENVIRONMENTAL REVIEW: Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) and Section 15332 (In- fill Development Projects) of the CEQA Guidelines. CONDITIONS OF APPROVAL: The recommended conditions of approval are contained in the attached resolution (Attachment "A"). ATTACHMENTS: A: Planning Commission Resolution B: Tentative Tract Map C: Application and Development Plans D: Photographs of site and surrounding area E: Area Zoning F: Aerial Photo Page 4 PLANNING COMMISSION TEMPLE CITY, CALIFORNIA REGULAR MEETING OCTOBER 27, 2015-7:30 P.M. 1. CALL TO ORDER-Chairman O'Leary ATTACHMENT C 2. ROLL CALL-Commissioner Cordes, Leung, Marston, Haddad, O'Leary PRESENT: Commissioner-Cordes, Leung, Marston, Haddad, O'Leary ABSENT: Commissioner-None ALSO PRESENT: Planning Manager Reimers, City Attorney Murphy, Associate Planner Gulick, and Planning Secretary Venters 3. PLEDGE OF ALLEGIANCE 4. PRESENTATIONS 5. PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA-None 6. CONSENT CALENDAR The Planning Commission is requested to review and approve: 1) Minutes of the Planning Commission Meeting of September 22, 2015. Commissioner Haddad moved to approve the Consent Calendar. Seconded by Commissioner Marston and was approved unanimously by the following votes: AYES: ABSTAIN: NOES: ABSENT: Commissioner-Leung, Marston, Haddad, O'Leary Commissioner-Cordes Commissioner-None Commissioner-None 7. PUBLIC HEARING A. A tentative tract map and a major site plan review to construct six condominium units located at 5556 Weiland Avenue. The subject site is a request for a tentative tract map and a major site plan review to construct six detached two-story condominium units with attached garages at 5556 Weiland Avenue. The project will consist of two floor plans (1 ,739 and 1 ,595 Planning Commission Minutes October 27, 2015 Page 2 of 4 square feet of living area), both consisting of four bedrooms and three bathrooms. The site plan features a 25-foot driveway easement along the southerly portion of the lot. The front unit will face Weiland Avenue and the remaining five units will face the driveway easement. The property is located in the R-2 zone, and is designated as Medium Density Residential by the City's General Plan. Associate Planner Gulick gave a brief summary of the staff report. Chairman O'Leary opened the public hearing. Kamen Lai, project designer, stated that the proposed development is consistent with the surrounding neighborhood. He is willing to comply with the conditions of approval. Chairman O'Leary closed the public hearing. Commissioner Leung made a motion to approve File 15-210, adopt the resolution, and find that the project is categorically exempt. Seconded by Commissioner Haddad and carried by the following roll call vote: AYES: ABSTAIN: NOES: ABSENT: Commissioner-Cordes, Leung, Marston, Haddad, O'Leary Commissioner-None Commissioner-None Commissioner-None 8. UNFINISHED BUSINESS-None 9. NEW BUSINESS-None 10. COMMUNICATIONS A. Report for a Zoning Code Interpretation regarding Calculation of Demolition. Planning Manager Reimers provided various examples of structural modifications that qualify as a demolition. He then explained how demolition is calculated. Mr. Reimers further briefed the Commission regarding an address that the abovementioned interpretation would effect. He stated that a property owner applied to remodel and demolish a portion of their residence, however the applicant's calculation differs from staff's calculation for demolition. City Attorney Murphy advised that if the Commission desires to hold a public hearing staff would need to provide further information regarding the City's code for demolition, the history of the project, and the scope of work. Chairman O'Leary opened the item for public comment. Planning Commission Minutes October 27, 2015 Page 3 of 4 Thomas Song, representative, presented material to the Planning Commission to support his opinion. He stated that he does not consider reducing the size of a window a demolition. Jackie Tsang, representative, presented material to the Planning Commission to support his interpretation of the code. City Attorney Murphy stated that the property in question is legal nonconforming. He clarified that at certain thresholds of construction the entire property is required to be brought into compliance. The Planning Commission has the option to either receive and file staff's interpretation of the Code or call for a review of the Code in a public hearing forum. Chairman O'Leary closed the item for public comment. Commissioner Cordes made a motion to receive and file staff's interpretation of the Zoning Code regarding calculation for demolition. Seconded by Chairman O'Leary and carried by the following vote: AYES: ABSTAIN: NOES: ABSENT: Commissioner-Cordes, Haddad, O'Leary Commissioner-None Commissioner-Leung, Marston Commissioner-None Commissioner Haddad moved to have the Planning Commission as a higher body call for review staff's interpretation of the Zoning Code regarding calculation for demolition. Seconded by Commissioner Leung and carried by the following vote: AYES: ABSTAIN: NOES: ABSENT: Commissioner-Leung, Marston, Haddad Commissioner-None Commissioner-Cordes, O'Leary Commissioner-None 11. UPDATE FROM THE PLANNING MANAGER Planning Manager Reimers announced the upcoming Specific Plan Community Meeting to take place on November 5, 2015, at 7:00p.m. in the City Hall Community Room. 12. COMMISSION ITEMS SEPARATE FROM THE COMMUNITY DEVELOPMENT DIRECTORS REGULAR AGENDA A. COMMISSIONER CORDES-None Planning Commission Minutes October 27, 2015 Page 4 of 4 B. COMMISSIONER LEUNG-None C. COMMISSIONER MARSTON-Asked Associate Planner Gulick if a square footage incentive exists for solar panel installation. Associate Planner Gulick stated that there is no square footage incentive for solar panel installation. D. VICE-CHAIRMAN HADDAD-Announced that the City is putting together sandbags for the anticipated El Nino storm. E. CHAIRMAN O'LEARY-Wished his son a happy birthday. 13. ADDITIONAL PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA- Austin, resident, inquired regarding the CEQA exemption for the project of 5556 Weiland Avenue. City Attorney Murphy stated that the findings for the CEQA determination are available for review. Janice Helmer, resident, expressed concern regarding use of the Community Room for the upcoming Specific Plan Community Meeting. 14. ADJOURNMENT The Planning Commission Regular Meeting was adjourned at 8:41 p.m. Chairman Secretary