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HomeMy Public PortalAboutCity Council_Minutes_1985-10-01_Regular 1985CITY OF TEMPLE CITY CITY COUNCIL MINUTES OCTOBER 1, 1985 INITIATION: 1. CALL TO ORDER: Mayor Dennis called the regular meeting of the City Council to order at 7:30 p.m., Tuesday, October 1, 1985, in the Council Chambers. 2. The invocation was given by City Manager Koski. 3. The Pledge of Allegiance to the Flag was led by Mayor Dennis. 4. ROLL CALL: Present: Councilmen- Atkins, Gillanders, Swain, Dennis Absent: Councilmen - Tyrell Also Present:. City Manager Koski, City Attorney Martin, Planning Director Shaw, Parks and Recreation Director Kobett, Public Works Coordinator Peterson and Julie Estrada of the Temple City Times Councilman Gillanders moved to excuse Councilman Tyrell with cause, seconded by Councilman Atkins and unanimously carried. 5. CONSENT CALENDAR: It was moved by Councilman Atkins, seconded by Councilman Swain and 4fantmouagy carried to approve all items on the Consent Calendar. A. APPROVAL OF MINUTES r Regular Meeting of September 17, 1985 Approved as written, B. PLANNING COMMISSION ACTION - MEETING OF SEPTEMBER 24, 1985 Council received and filed memo from the Planning Commission out- lining action taken at the Commission's meeting of September 24, 1985. C, ORDINANCE. NO. 85-571 (2nd reading) ORDINANCE AMENDMENT TO INCLUDE PROVISIONS FOR PEDESTRIAN - ORIENTED SIGNS IN COMMERCIAL ZONES Council waived further reading and adopted Ordinance No. 85 -571, AN. ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ADDING TO SECTIONS 9321 AND 9326 OF THE TEMPLE CITY ZONING CODE AMENDING REGULATIONS PERTAINING TO SIGNS TO INCLUDE PROVISIONS FOR PEDES- TRIAN - ORIENTED SIGNS IN COMMERCIAL ZONES. D. RESOLUTION N0. "85-2386: EMPLOYMENT OF PERSONNEL Council adopted Resolution. No. 85 -2386 to employ budgeted person- nel, E. RESOLUTION. NO. 85 -2386: WARRANTS AND DEMANDS Council adopted Resolution No. 85 -2386 authorizing payment of bills. Council Minutes, Qctober 1, 1985 - Page 2 6. UNFINISHED BUSINESS: { A. PUBLIC HEARING: REQUEST FOR APPROVAL OF CHANGE OF ZONE FROM R -1 TO R -2 (4809 HALLOWELL AVENUE), APPLICANT: HASSAM MOHAMMAD ELDEEB City Manager Koski provided background information stating that the Planning Commission had approved and recommended at their September. 1(4 1985 meeting that the City Council approve a request for a change of zone from R -1, single family resi- dential, to R -2, light multiple residential, for property lo- cated on the..west side of Hallowell Avenue just northerly of Lower Azusa Road with a street address of 4809 Hallowell. A change of zone to R -2 would not allow more than two dwelling units on the property. It was the Commission's finding that the change of zone would be in compliance with the Gen- eral Plan; would be compatible with adjacent zoning; and would be a good buffer between the commercial uses on Lower Azusa Road and the low - density residential uses to the north. A Negative Declaration of Environmental Impact has been filed. Councilman Swain asked Planning Director Shaw if the property in question. had an. alley behind it for a rear access or if access would be from the front of the property. Planning Director Shaw responded that there was no alley and access would be from the front of the property. The property is presently designated for medium density residential use (7 - 12 units per acre) in the General Plan. Mayor Dennis declared the public hearing open and invited any - one wishing. to speak to come forward. Mike Sheehe, representing the applicant, Hassam Mohammad Eldeeb stated that plans for the construction of a second unit at the back of the subject property provide for sufficient parking on the property and will not cause a.parking problem on the street. Also, a quality residence of 1,400 .square feet will be an improvement in the area and will up -grade the value of the property. There being no one else wishing to address Council, Councilman Gillanders moved to'close the public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Gillanders moved to certify the Negative Declaration of Environmental Impact, seconded by Councilman Atkins and unanimously carried, Councilman Swain moved to include the Minutes of the Planning Commission as part of the public hearing, seconded by Council- man Gillanders and unanimously carried. Councilman Swain stated that she felt that too often the City has added extra residences, crowding areas together. She questioned the need for this particular change of zone. • Councilman Gillanders stated that he felt that the change of zone would be in the beat intereet .of.the netghborhQod in order 1o' block any f x.ther' cqu a� tton' p i�omme c3 a1 property. Also, pp opposition from .the neighbors has been received re- garding this zone ':change. `' Councilman Atkins felt that, since the Planning Commission recently reviewed all of Lower Azusa Road and the General Plan reflects rather up -to -date thinking on it, the applicant has made a request that is consistent with the General Plan and Councilman Atkins has no objection to such a zone change. 1 5 115 Council Minutes, October 1, 1985 - Page 3 Ordinance No. 85 -573, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING A CHANGE OF ZONE FROM R -1 TO R -2 W40 $.1tro41.1ead by Cloy Attorney Martin for, first reading by 1:1414 Councilman Atkins moved to waive further reading of Ordinance No. 85-573, seconded by Councilman Gillanders and carried on a roll c a 1l vote. (There was no objection to waive reading of Ordinance in 11111.) ROLL CALL: AYES: Councilmen- Atkins, Gillanders, Dennis NOES: Councilmen - Swain , B APPROVAL OF FINAL MAP, TRACT NO. 43570 TO ALLOW A SIX -UNIT RESIDENTIAL CONDOMINIUM LOCATED AT 9646 LONGDEN AVENUE; APPLI- CANT: OWEN CONSTRUCTION COMPANY City Manager Koski provided background information stating that the City has been advised by the County of Los Angeles, Depart- ment of Public Works, that the map for Tract 43570 has been checked by the City Engineer and is ready for the Council's approval and acceptance of the dedication shown thereon. The Conditions, Covenants and Restrictions have been reviewed by the Planning staff and City Attorney, and they were found to be acceptable. It was moved by Councilman Gillanders, seconded by Councilman Atkins. and unanimously carried to approve the C.0 & R's; approve the map; accept easements as offered for dedication on said map; made findings. as outlined in staff memo dated September 25, 1985;:. and instructed the City. Clerk to endorse on the face of the map of. Tract. No. 43570•the certificate which embodies the approval of .said. map. and the acceptance of any dedications shown thereon. C. PUBLIC HEARING: APPEAL OF DECISION OF THE PLANNING COMMISSION DENYING A CONDITIONAL USE PERMIT TO ALLOW THE DEVELOPMENT OF A 15-UNIT RESIDENTIAL CONDOMINIUM LOCATED AT 9547 -9549 GARIBALDI AVENUE; APPELLANT: LOUIS .& JOSEPHINE PIEROTTI City Manager Koski reviewed the subject appeal, stating that the Planning Commission at their meeting of August 27, 1985 denied the request for a conditional use permit on the subject property. The proposed condominium project would consist of three buildings with four units and one building with three units and all units would be two stories with parking recessed below the units. Despite its conformance to R -3 zoning, the proposed development constituted an over -use of land as com- pared to the use and enjoyment of all contiguous parcels and that such over-use would cause an adverse impact on adjacent properties, streets, sidewalks and schools and would unneces- sarily abuse the privilege of sight and sound to surrounding lots. The appellant indicates that the development meets all requirements of the City Code and will not adversely affect the adjacent properties or the public welfare. The developer has indi.cated.a willingness: to work with the neighbors to satisfy the concerns of the neighborhood. An Environmental Impact Report was previously filed in r979 and certified regarding a larger condominium project on this property. Councilman Gillanders expressed concern in using an Environ- mental Impact Report which was six years old, noting that con- ditions since that report may have changed. Councilman Atkins moved to include the correspondence received from residents in opposition to approval of the Conditional Use Permit, and Minutes and materials from the Planning Com- mission.as part of the record of the Council's public hearing concerning this mattsr ► seconded by Councilman Swain and unan mously carried s 114 Council Minutes, October 1, 1985 - Page 4 Mayor Dennis declared the public hearing open and invited any- one wishing to speak to come forward. James Helms, 150 North Santa Anita Avenue, Arcadia, 91006, representing the applicants, Mr. and Mrs. Pierotti, stated that the architect and developer have made some changes as to the design of the condominium and asked the Council for the opportunity to meet with the homeowners in order to discuss the proposed changes to see if, with the changes, neighboring residents would then accept the condominium being constructed. Mr. Helms asked that this hearing be continued to the first meeting in November in order to allow time for the developer to meet with residents. When asked by a resident whether the ohalige:in design addressed the problem of density, Mr. Helms responded that he didn't know whether much can be done to reduce the density; however, the new plans proposed have re- duced the density slightly. City. Attorney Martin advised Council that they have the option of continuing the matter to a later date; however, a great many residents did come for this evening's hearing and it may be advisable to address the issue of the continuance without going into the merits and see what the feeling is toward a con - tinuance. When asked. how many would object.to allowing the developer an additional, month'.s. time to review with residents the pro- posed changes, the Majority in attendance raised their hands. Councilman Swain addressed Mayor Dennis, stating that this meet- ing was advertised. as a public hearing and those in attendance have come to be heard. and that Council should. continue with the hearing. Mr. Helms stated that. the development complies with the City codes and that the proposed project is something less than what. has previously been approved by the City Council. The property in question has an economic value to the owners and must produce a return on their.investment. The Pierotti's have endeavored through Mr. Crenshaw, the architect, to design an. aesthetically appealing project which is compatible with the surrounding R -1 area. ' The property will be developed either as a condominium or an apartment.' Requirements for condominiums are more stringent than for an apartment and the Pierotti'-s are willing to put in the additional money to create that kind of an environment where you have homeowners. These homeowners will become. voters of Temple City and will become an intregal part of this community as opposed to tenants in an. apartment, The Planning Commission has approved the pro- posed development in concept by the City's zoning codes; is a compatible use';. the General Plan of the City incorporates this use. and has. been. approved on at least two prior occasions. Don Crenshaw, 37 East Duarte Road, Arcadia, stated he met with Planning Director Shaw and Mr. Graf, a resident of the neighborhood in which the proposed condominium is to be con - structed., in an effort to come up with a feasible plan which would be. acceptable to both sides. The new proposed project would have several open areas between the units on the R -1 side of the property. Also the entry stoop to the subterra- nean parking was lowered.30 inches thereby making the struc- tures the height of..an: average two -story home. Virgil Graf, 6118.North'Primrose Avenue, advised that he had met with the.architect and Planning Director Shaw the day before in order to obtain information regarding the proposed changes to the project and conveyed the information back to several of his neighbors that evening. 'Mr. Graf's main concerns with the condominium project were those of density, fire protection, visual quality, traffic generation, air pollution, noise, security,..`loss of sunlight, privacy, street parking and property I 1 113 values It was Mr. Gra.f's.opinion that. the Environmental Impact Report was out - dated. Council Minutes, October 1, 1985 - Page 5 Councilman Gillanders advised Mr. Graf that the property owner has the right to develop his property within the law; a two -story construction is allowed anywhere in the City; and he has the right to develop the property either as a condominium or an apartment. John Miller, 6122 North Primrose Avenue, a 28 -year resident of the City is concerned that his neighborhood might turn into a "cement jungle ", and will make it difficult for resi- dents to sell their property with such a development in their area. Mrs. Heinrich, 9559 aribaldi Avenue, a next door neighbor of the proposed project. voiced her concern about the increase in traffic which will result;. also mentioning that she felt that the property in question should . have been. rezoned many years. ago. Cindy Sternquist, 5137 North Camellia Avenue, inquired as to how residents would go about having the General Plan changed. In response, City Attorney Martin responded that the General Plan and zoning ordinances belong to the residents of Temple City and can, therefore, be changed by the residents by way of an initiative petition. Mr. Martin further pointed out, however, that, should the residents seek that remedy, they should be certain that it does not infringe upon the rights of the owner of the property referred to. Mayor Dennis cautioned it would be advisable, due to legal repercussions, to seek private legal counsel for anyone wish- ing to explore this. avenue. Chris Kidd, 6038 North'Cloverly Avenue ,stated that he felt it was a mistake that this area .was zoned R -3 and that now the residents of the area must bear the burden of this error in zoning. Ron Warier 6128 Primrose Avenue, mentioned to Council the dap 1u �a04 o' e propose pro eat in that 7p% of its boundaFtes are' acjoining to ainR a -fam .1y dwelithge and Ile. not find 'a aimilar' situation: anywhere else in Temple Wagner . also brought up the'fact that there is a danger when cars pull, out onto. a: busy. street from a below- level'parking lot. Lorraine Lefler, 9157 Wedgewood Lane, inquired of Councilman Gillanders, if a new Environmental Impact Report showed .the project would have. an. adverse effect, would the results make a difference to the Council? Councilman Gillanders responded that It would. Pete. Weise, 6119 Oak 'Avenue, reiterated the concern residents have regarding the increase in traffic in the area and the lack of a play area available. for the children who will be living in the proposed project. Also, Mr. Weise brought up the fact 'that the project has not provided for an adult recre- ation, area, but rather is. aiined at high density for the property for the greatest return on their investment. Carla Carroll, 6109 North Primrose Avenue, advised Council that, since the installation of the traffic signals at Temple City Boulevard and Woodruff, there has been increased traffic on Garibaldi and Primrose by drivers avoiding the signals. Because of a lack of sidewalks on the south side of Garibaldi and on Primrose, a route taken by students attending Longden, Oak and. Temple City High, the increase in traffic is a major concern, for these students walking on the road ; that the old EIR did not address these concerns. .1 2 Council Minutes, October 1, 1985 - Page 6 Rer}ee Kotlewski, 6121 Primrose Avenue, reiterated the concern of other residents of increased traffic, loss of privacy 'and' • security { Jerry Carroll, 6109'North Primrose Avenue, asked, if a new Environmental Impact Report is requested, must the report in- clude an economic impact report as well? Mr. Carroll stated that, in,order to be fair to the residents, the EIR should and must include the economic impact of the proposed project. Planning Director Shaw replied that the economic impact is not..a requirement, but may be requested.by the Planning Com- mission or the City Council. In rebuttal to the public hearing, Mr. Helms made the follow - ing observations: (1) 'the residents do not want 'any multiple - family development near their property; (2) the down- zoning suggested would diminish the property. value of the owners of the proposed project. and would cause legal ramifications; (3) the Environmental Impact Report considered out -dated by the residents was accepted twice before for projects with greater density and is, in the opinion of Mr. Helms, deemed to be. an. adequate and proper..report for the type of develop- ment proposed; (4)'the estimation of increased traffic is grossly exaggerated; and (5) a two -story home is allowed any - where in Temple City, therefore, a two -story condominium in an R -3, zone is also allowed. Since the development abides by the City zone in all respects, Mr. Helms requested that the Conditional. Use Permit be approved. It was.moved.by Councilman Atkins, seconded by Councilman Swain and passed on a roll call vote that, since significant deficiencies exist with the present Environmental Impact Report, a new EIR be prepared specifically incorporating in the report an economic statement indicating the impact of the development on. adjacent and surrounding property values; adequacy of water supply given the deficiencies of the East Pasadena Water Company and new requirements of the fire sprinkler ordinance; and traffic related to vehicular and pedestrian concern; with the understanding that request for an up -dated EIR is not to be. construed as an indication of any position on the merits. ROLL CALL: AYES: Councilmen - Atkins, Gillanders, Swain, Dennis NOES: Councilmen -None Councilman Atkins moved that the hearing be continued to the January 7, 1986 City Council meeting. Counaj.lman Swain commented that she felt that this had been a.very good hearing with excellent testimony given by concerned residents. She wanted the residents to know that the Council comes with an open mind to the hearings and appreciated the well thought - out .. testimony given. A resident from the audience. asked Council if there will be notices sent advising of the public hearing in January. Councilman Atkins responded that re- noticing the residents was not required;. however, in view of the fact that the next hear -. ing will not take place for another three months, it was his opinion residents should be re-noticed. Council concurred with the re-noticing. Planning Director Shaw advised that thirty days prior to the scheduled hearing, the Environmental Impact Report will be made available. at. the City Hall and the Public Library for those who might be, interested. i5 Council Minutes, October 1, 1985 - Page 7 D. PUBLIC HEARING: EXTENDING ORDINANCE NO. 85 -570, AN INTERIM URGENCY ORDINANCE AMENDING SECTION 3 OF FORTUNE- TELLING ORDINANCE NO. 85 -565 AS IT RELATES TO ZONING. City Manager Koski reported that the urgency interim ordin- ance would be effective for 45 days but may be extended for 10 months and 15 days after notice and ublic hearing. This extension would allow the Planning Commission time for adequate evaluation: The Planning Commission has opened public hearing at their meeiing of September 24 and continued the matter to October 22 as opponents to the proposed amend- ment were unable to attend due to other commitments. Mayor Dennis declared the public hearing open and invited anyone wishing to speak to come forward. There being no one wishing to address Council, Councilman Swain moved to close the public hearing, seconded by Councilman Atkins and unanimously carried. Councilman Swain moved to waive further reading and adopt Ordinance No. 85 -570, AN INTERIM URGENCY ORDINANCE AMENDING SECTION 3 OF FORTUNE- TELLING ORDINANCE NO. 85- 565'AS IT RE- LATES TO ZONING, seconded by Councilman Gillanders and unani- mously carried. 7. NEW BUSINESS: None 8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: Marcie Dennis, 5310 Welland Avenue, thanked the City Council and staff for the flowers she received while in the hospital. Frank Buccacio, 6345 Temple City Boulevard, stated that he has seen several 18-wheel trucks travelling along Temple City Boulevard in spite of the sign that is posted indicating that no vehicle weigh- ing more than 6,000 pounds is to travel the route. It was pointed out to Mr. Buccacio that the sign indicates that there is no through truck traffic allowed for vehicles that size except for deliveries and pick =ups.. Lieutenant Johnson of the Sheriff's Department stated that the Department is using new radar equipment which is capable of giving a reading of vehicles coming and going and is able to determine whether vehicles are accelerating or decelerating. RECESS TO .CRA: At this riffle Council recessed to meet as the Temple City Community Redevalapment Agency; ;approved the Minutes of the regular meeting of September 47, ;985;. adopted Resolution No CRA 246: Warrants and Demands, and adopted Resolution No, CRA 247: Approving the Grant of Easements for the Benefit of the County of Los Angeles. The Minutes are set forth: in full in the records of the Agency. 10. ACTION ON REQUEST BY CRA: None Council Minutes, October 1, 1985 - Page 8 11. MATTERS FROM CITY OFFICIALS: A. LEAVE OF ABSENCE FOR SHIRLEY RASCHKE, BUSINESS LICENSE CLERK Councilman Gillanders moved to extend the leave of absence of Business License Clerk, Shirley Raschke, to October 7, 1985, seconded by Councilman Atkins and unanimously carried. B. CLAIM FOR INDEMNITY - CREATIVE TOURS, INC. (MARCHOSKY) Councilman Atkins moved to deny the claim and referred it to JPIA, seconded by Councilman Swain and unanimously carried. C. Councilman Gillanders commended the efforts of Sgt. Rising earlier in the evening when Councilman Gillander's wife was involved in a car accident. Sgt. Rising handled the situation in a very efficient and caring manner. 12. ITEMS SgT FOR PUBLIC HEARING: A. PROPOSED AMENDMENT TO THE TEMPLE CITY ZONING CODE ESTABLISHING THE C -1.0 (LIMITED RETAIL COMMERCIAL AND OFFICE) ZONE Public hearing for this amendment to the zoning code has been set for October 15, 1985: 13. ADJOURNMENT:, On motion by Councilman Gillanders, seconded by Councilman Swain, the meeting adjourned. at 9.:55 p.m. Next regular meeting of the City Council will be, held on Tuesday, October 15, 1985, at 7:30 p.m. in the Council Chambers. ATTEST: Chief Duty City,'lerk 15 109