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HomeMy Public PortalAboutCity Council_Minutes_1987-12-01_Regular 19871 INITIATION: 1 CALL TO ORDER: 2 3 4 CITY OF TEMPLE CITY CITY COUNCIL MINUTES DECEMBER 1, 1987 Pursuant to the Agenda posted on November 25, 1987 Mayor Gillanders called the meeting of the City Council to order at 7:30 p.m. on Tuesday, December 1, 1987. The invocation was given by Reverend Barry Vail, Bethlehem Evangelical Lutheran Church, 5319 N. Halifax Road. The Pledge of Allegiance to the Flag was led by Mayor Gil - landers. ROLL CALL: Present: Absent: Also Present: Councilmen- Atkins, Dennis, Froehle, Swain, Gillanders Councilman -None City Manager Koski, Attorney Martin, Commu- nity Development Director Dawson, Parks & Recreation Director Kobett, Public Works Coordinator Peterson and Julie Estrada of the Temple City Times 5. CONSENT CALENDAR Councilman Atkins moved to approve the Consent Calender as recommended, seconded by Councilman Swain and unanimously carried. A. APPROVAL OF MINUTES - Regular meeting of November 17, 1987 Approved as written. B. REQUEST FOR USE OF FACILITIES FOR 44TH ANNUAL CAMELLIA FESTIVAL FEBRUARY 26, 27 & 28, 1988. Council approved the request of the Chamber of Commerce for use of City facilities for the 44th Annual Camellia Festival on February 26, 27 & 28. C. PROGRESS PAYMENT #2 - SAFETY STRIPING SERVICE STREET. RESTRIPING & MARKING CONTRACT. Council approved progress payment to Safety Striping Service for work completed in the amount of $9,245.19. D. ORDINANCE NO. 87 -620 (2nd Reading) AMENDMENT TO THE TEMPLE CITY ZONING CODE PERTAINING TO NONCONFORMING BUILDINGS, USES AND STRUCTURES. Council waived further reading and adopted Ordinance No. 87 -620, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 9274 (4) OF THE TEMPLE CITY ZONING CODE PERTAINING TO NON CONFORMING BUILDINGS, USES AND STRUCTURES. 1(o —OO9 Council Minutes, December 1, 1987 - Page 2 E. ORDINANCE NO. 87 -621 (2nd Reading) ZONING CODE AMENDMENT PERTAINING TO THE ADMINISTRATION OF FRONT YARD DETERMINATION. Council waived further reading and adopted Ordinance No. 87 -621, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 9119 (L) (9A), AND (3) A) 1) OF SECTIONS 9333, 9352 AND 9362 OF THE TEMPLE CITY ZONING CODE PERTAINING TO FRONT YARD DETERMINATIONS. F AGREEMENT FOR ACQUISITION OF REAL PROPERTY 9167 LA ROSA DRIVE. City Council approved the Agreement for acquisition of Real Property at 9167 La Rosa Drive and authorized City Manager to sign. G AMENDMENT TO FISCAL 1987 -88 BUDGET RE: PLANNING CON- SULTANT. Council approved the amendment to the Fiscal 1987 -88 Budget and appropriated additional funds for the Plan- ning Consultant in the amount of $6,500. H PLANNING COMMISSION ACTION FROM THEIR REGULAR MEETING OF NOVEMBER 24, 1987. City Council received and filed the memo outlining the action taken by the Planning Commission at their regular November 24, 1987 meeting. I RESOLUTION NO. 87 -2748: EMPLOYMENT OF BUDGETED PERSON- NEL City Council adopted Resolution No. 87 -2748 approving the appointment of budgeted personnel. J. RESOLUTION NO. 87 -2750: APPROVAL OF PAYMENT OF BILLS City Council adopted Resolution No. 87 -2750 approving claims and demands in the amount of $241,099.70. 6. UNFINISHED BUSINESS: A. ORDINANCE NO. 87 -622 (2nd reading) ZONING CODE AMENDMENT PERTINENT TO FENCE HEIGHTS IN FRONT YARDS. City Manager Koski provided background information stating that on November 17, 1987 the City Council introduced by title only an Ordinance which would permit estate -type wrought iron fences to be built in the front yard area to a maximum height of 42 inches. The Plan- ning Commission had previously considered this matter and recommended adoption of this ordinance. Mayor Gillanders indicated that the ordinance refers to estate -type fences yet does not explicitly define that term. City Attorney Martin stated that although it is not defined in the draft it will be clearly defined in the Ordinance. HD, 10 Council Minutes, December 1, 1987 - Page 3 Councilman Dennis moved to waive further reading, sec- onded by Councilman Froehle and unanimously carried. Councilman Dennis moved to adopt, seconded by Councilman Froehle and carried on a roll call vote. ROLL CALL: AYES: NOES: Dennis, Froehle, Gillanders Atkins, Swain 7. A. PUBLIC HEARING: STREET LIGHTING IMPROVEMENTS CLOVERLY AVENUE, OLIVE STREET TO BLACKLEY STREET. City Manager Koski provided background information stating that City Council, at their regular meeting held November 17, 1987 set this public hearing for the in- stallation of four 5800 lumen HPSV street lights to be installed on existing wood poles, with overhead service on Cloverly Avenue between Olive Street and Blackley Street. All property owners were contacted regarding the petitions, and the petitions were returned with the signatures of 13 of the 14 property owners in favor of the installation. These signatures represent 93% of the front footage of the block in favor of the installation. This total exceeds the 60% approval requirement of Chapter 27. This project will involve no cost to the property owners for installation since the four lights will be installed on existing wood poles. However, the Annual Street Light Assessment for operation and main- tenance will be raised from $3.50 to $11.50 per house. Councilman Atkins inquired as to the distance between the lights. Public Works Coordinator Peterson indicated the normal approved distance was 180' and the distance between these lights will be slightly closer due to the fact the poles are already in existence and will range from 130'- 150' apart. Mayor Gillanders declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. As no one else wished to address the City Council on this matter, Councilman Atkins moved to close the public hearing, seconded by Councilman Froehle and unanimously carried. Councilman Atkins moved to approve the Notice of Exemp- tion and the annexation of the area to Assessment Dis- trict Zone A and instruct the Superintendent of Streets to cause work to be done, seconded by Councilman Dennis and unanimously carried. B. PUBLIC HEARING: APPEAL OF PARCEL MAP 19029; ZONE VARI- ANCE 87 -884 AND CONDITIONAL USE PERMIT 87 -868. City Manager Koski provided background information stating that on October 27, 1987 the Planning Commission approved a Conditional Use Permit and Tentative Parcel Map to allow the development of a four -unit residential condominium project. The Commission also approved a variance to allow a two -story development on a 72 foot wide lot instead of the minimum required width of 80 feet. The parcel is zoned R -2 and contains a total of 18,711 square feet. Under the density limitations of the Zoning Code and General Plan, five units would be permitted. The proposal involves only four units and each of these units would be detached to simulate a single family residential development. The proposal, /_ -bl Council Minutes, December 1, 1987 - Page 4 meets or exceeds all of the required development stan- dards with the exception of the lot width. The Zoning Code currently requires a lot width of 80 feet for two -story developments. Two -story apartments, however, may be built on a 50 foot wide lot. The Planning Com- mission has asked staff to review this inconsistent code requirement since requirement was originally instituted before the current 10 -foot and 15 -foot side yard stan- dards were established. This project would meet the 10 foot side yard setback for the first story and the 15 foot side yard setback for the second story. The appeal was filed by Mrs. Debbie Zambardi and contained a number of signatures. Mayor Gillanders declared the public hearing open and invited anyone wishing to address the City Council on the matter to come forward at this time. Nien Chang, Image Design Group, 1807 S. San Gabriel Blvd., San Gabriel, project architect, stated that he was trying to accommodate the Planning Department as well as the neighbors with reference to parking, archi- tecture and upgrade of materials used. He also stated one the goals of this project was to effectively blend in with the surrounding neighborhood. Brad Andreason, 9827 Estrella Avenue, stated he had moved to Temple City for a single family residence area and by granting a variance to this project will only lead to the potential for every homeowner on the block requesting the same variance and instead of having a single residence on each lot the density would be in- creased fourfold. He is opposed to this project. Councilman Swain stated the builder could have, without a variance, built an apartment building on that same lot due to the fact the same width requirement does not apply. Debbie Zambardi, 9825 Wendon, stated she had filed the appeal because she also preferred the single family neighborhood and was concerned about the traffic and the overcrowding of schools. She also stated she pre- ferred single story residences and was opposed to this project. Bill Lewis, 6266 Golden West, stated it is his opinion that Golden West is one of the busiest streets in Temple City and he doesn't feel any additional residents and /or traffic is needed. Vickie Shore, 6126 N. Golden West, stated she lives across the street from another 4 -unit project down the street from this one and feels the parking situation is extremely bad. She indicated she would like the City Council to consider a General Plan Change to down zone this area from R -2 to R -1. Ken Larsen, 9819 Wendon Avenue, has lived in Temple City for 38 years and is opposed to this project since he feels it would negatively impact traffic, density and overall aesthetics of the neighborhood. Additionally, he feels the granting of this variance would establish a precedence which would allow others to follow suit. It is his opinion that this project is being built by outside developers who will not be living on the pro- perty therefore, are not concerned with the impact on the neighborhood and reiterated the previous opinion of Mr. Andreason and Mrs. Zambardi that this area should be down zoned to R -1 for single family usage. Ito-012. Council Minutes, December 1, 1987 - Page 5 Mayor Gillanders indicated that if Mr. Larsen and others in this neighborhood would like to have the zoning changed it is within their power to begin the process with a petition for a General Plan Amendment. Maria Garcia, 6217 Golden West, lives on the same side of the street as this project and is also zoned R -2 but wished to state her opposition and would be in support of down zoning the area to R -1. Mr. Mien Chang, Image Design Group, as a response to the public testimony stated that the owner of this project would be living on the property. He also indicated that although Council does not have a copy of the revised design, he has altered the plans so that the front house would be facing onto the street, as though it was a single family residence. As no one else wished to address City Council on this appeal, Councilman Dennis moved to close the public hearing, seconded by Councilman Swain and unanimously carried. Councilman Dennis stated that the property has been R -2 for sometime and much of the block is developed as R -2. In his opinion the only problem with this project is the width of the lot and as already indicated, the discrep- ancy between the lot width requirements of condominiums versus apartments is being reviewed by the Planning Department per request of the Planning Commission. Additionally, Councilman Dennis did not feel Council could deny this project when a precedence had been set with other condominium projects being approved under the same conditions. Councilman Dennis indicated his sup- port of upholding the Planning Commission decision to approve this variance and conditional use permit. Community Development Director Bob Dawson stated that there may have been approvals for similar projects on the Planning Commission level but not at the City Coun- cil level. Mayor Gillanders affirmed that the City Council is not bound by the precedence the Planning Commission may have set. Councilman Swain indicated that if denied these develop- ers could turn around and build an apartment complex on this lot. She feels this project is not going to impact the schools in the area that drastically, yet does understand the potential traffic situation. In her opinion the project meets all the setback requirements and concurs with Councilman Dennis in sustaining the Planning Commission decision to approve this project. Councilman Atkins stated that after listening to public testimony and reviewing the Planning Commission informa- tion he agreed with the appellants and was in favor of denying the project. Councilman Froehle stated that he felt the zoning was not an issue since the area is zoned R -2 and it is not within Council's power to change that, but the Council can insure the condominium project meets the required setbacks. It is his opinion that there are no excep- tional or extenuating circumstances which would justify this variance. Councilman Froehle also stated his concern about the disparity of lot width requirements with regard to condominiums and apartments. Therefore, he concurs with Councilman Atkins and was in favor of denying the project. Council Minutes, December 1, 1987 - Page 6 Mayor Gillanders concurred with Councilman Froehle and Councilman Atkins. He also stated his concern regarding the potential of setting a precedence if this Zone Variance was granted and due to the fact there is no exceptional or unusual circumstance to justify granting it, he is in favor of sustaining the appeal of the Planning Commissions decision. Councilman Atkins moved to sustain the appeal and re- verse the Planning Commission decision on Zone Variance 87 -884 and C.U.P. 87 -868, due to the adverse affect on the surrounding property and also the lack of unusual circumstances which would justify the zone variance, seconded by Councilman Froehle and unanimously carried. Pursuant to the Brown Act Council determined that the need to take action on non - agenda items is required as a result of public testimony and Council discussion of Agenda Item 7.B. Councilman Atkins moved to discuss 1) the disparity in lot width between condominiums and apartments and 2) the placing of a moratorium on multi- ple unit projects, seconded by Councilman Froehle, and unanimously carried. Councilman Swain moved to recommend to the Planning Commission the possibility of placing a 45 -day morato- rium on multiple developments which does not preclude single family developments, in the area located between Garibaldi to Longden, on the west side, seconded by Councilman Atkins and unanimously carried. Councilman Froehle moved to ask the Planning Commission to review the apparent disparity between 80' lot width requirements for condominiums and 50' for apartments. If there was a reason when it was adopted, does that same reason exist today, if not to recommend an appropriate change, seconded by Councilman Swain and unanimously carried. r8. COMMUNICATIONS: None 9. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: None RECESS TO CRA: At this time the City Council recessed to meet as the Temple City Community Redevelopment Agency; approved the minutes of the November 17 meeting, approved Sign Modifications of Burger King, approved Fiscal Year 1987 -88 Budget and Work Program, adopted Resolution No. CRA 317, authorizing payment of bills. The Minutes of the Agency are set forth in full in the Agency's records. RECONVENE AS CITY COUNCIL: 10. ACTION ON REQUEST BY CRA: None 11. MATTERS FROM CITY OFFICIALS: A. PROJECT SCHEDULE - ROSEMEAD BOULEVARD MEDIAN LANDSCAPING PROJECT. Councilman Atkins moved to receive and file, seconded by Councilman Dennis and unanimously carried. 110 -014 1 1 1 Council Minutes, December 1, 1987 - Page 7 12. ADJOURNMENT On motion by Councilman Swain seconded by Councilman Dennis the meeting of the City Council adjourned at 8:55 p.m. The next regular meeting will be held on Tuesday, December 15, 1987, at 7:30 p.m. in the Council Chamber, 5938 North Kauffman Avenue, Temple City ATTEST: Chief Dep•ty Cit Clerk