HomeMy WebLinkAboutSEPTEMBER 8, 1959
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MINUTES
PLANNING COMMISSION OF THE CITY OF ARCADIA
REGULAR MEETING
SEPTEBER 8, 1959
The Planning Commission of the City of Arcadia met in regular session
in the Council Chamber of the City Hall at 8:00 o'clock P.M., Septem-
ber 8, 1959, with Chairman Acker. presiding.
ROLL CALL
PRESENT: Commissioners Acker, Forman, Michler, Norton, Stout and
Wallin
ABSENT:
Commissioner Davison
OTHERS PRESENT: Mr. Nicklin, Forbes, Talley and Mrs. Andrews
MINUTES
The minutes of the meeting held August 25, 1959 were approved as
written and mailed.
ZONING
Live Oak
The Commission held a public hearing on the zoning to be made applic-
able to I;ive Oak Avenue area in connection with South Arcadia Annexa-
t ion No. 19.
The Secretary read the Staff Report which stated the City Council of
the City of Arcadia has instituted proceedings for the annexation to
the City of Arcadia of the property on the south side of Live Oak
Avenue from near Sixth Avenue .to a point west of El Monte Avenue,
(excepting therefrom the southwest cotner of Live Oak and Double Drive
Avenues, and the Evergreen Sanitarium property east of El Monte Avenue).
The Planning Staff has made a land use survey to show the present use
of each parcel of land included within the proposed annexation.
The Commission has studied this entire area, including the present uses
thereof, the zoning now applicable thereto, present zoning, and also
the present zoning of properties on the north side of the street
already within the city.
As a result, the following Arcadia zone classifications would most
generally fit the present or intended use and development of properties
within the proposed anneKl1tion:
1. C-2 zone on the southwest corner' of El Honte Avenue
and Live Oak Avenue, now used for the Edison Co.
substation.
2. Zone C-H on all properties from El ~~nte Avenue to
Double Drive, wi'th the exception of course of the
two parcels not included in the proposed annexation.
3. Zone C-2 on all properties from Double Drive to Tyler
Avenue.
4. ZoneS C-M and D (Architectural Overlay) on all prop-
ere. es from Tyler Avenue to the west lire of the
apartment west of Lenore Avenue.
PAGE ONE
September 8, 1959
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5. Zone R-3 for the property at the southwes~ corner
of Live Oak Avenue and Lenore Avenue presently im-
proved with an apartment building.
6. Zone R-2 for the property at the northwest corner
of Lenore Avenue and Lynrose Street presently im-
proved with and used as a church.
7. Zone C-2 on all properties on the south side of
Live Oak Avenue from Lenore Avenue to the present
city boundary west of the flood control channel.
8. Zone C-2 on the northwest corner of Six th Avente
and Live Oak Avenue.
9. Zone R-2 on the property at the northeast corner of
Sixth Avenue and Live Oak Avenue presently improved
with and used as a church.
10. Zone C-2 on all other properties on the north side
of Live Oak Avenue between Sixth Avenue and the city
boundary west of tEe flood control channel.
The Secretary read the report covering the D overlay if applicable.
The Secretary read a connnunication from the Southern California Edison
Company, signed by Mr. Paul Langlie, District Manager, which stated
that this proposed area to be annexed includes Edison Company's Anita
Substation, 5641 N. EI Monte Avenue. This facility has been in con-
tinuous operation since before 1925, and is a vital station in, the
company's service to the area surrounding Arcadia.
The letter requested that this substation be placed in the C-2 zone
to permit continuous operation of this substation.
The Chairman asked the Secretary to review the map studied by the
cODDDission. At the request of the chairman the Secretary pointed
out on the map various zonings recommended.
Mr. Forman stated that this proposed zoning pretty much follows the
zoning as the property is being used today, to a great extent.
Mr. Nicklin explained that this annexation is being conducted under
the 1939 Act, or the Annexation of uninhabited territory Act; since
most of the territory in the proposed annexed area was already
developed, and somewhat homogenous in its usage, and not so large
as Annexation No. 17-A; that the Commission should consider and
make recommendations to the Council concerning zoning to be applied
concurrently with the annexation, so that it would not come in under
the automatic R-l clause.
The Chairman announced that this was the time for anyone to come
forward and add to or make any comments on the zoning recoounendations
made by the Planning Staff.
Mr. Homer Shirley, Superior Concrete Block Company, 10836 Live Oak,
stated he owns property with three lots located in the proposed
annexation and two lots in proposed Temple City, and he wondered
what could be done to have all 5 lots included in the same city.
Mr. Nicklin declared that if the Temple City incorporation is not
successful, the answer would be quite simple; the other two lots
could be annexed to the City of Arcadia. If the Temple City incor-
poration is successful., then it is possible Hit:l the owner's consent
PAGE TWO
September 8, 1959
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and with the consent of the respective two cities to transfer the
lots either way the owner wishes them to go. He added for Mr.
Shirley's information that the building material business is permis-
sible in Zone C-M, not only as a non-conforming use but as a speci-
fied use within the C-M Zone.
Mr. Shirley felt that his usage was best covered by M-l zoning, and
that his property should be annexed as M-l.
Mr. Michler recommended that the property in question included in
Annexation No. 19, Lots 1, 2 and 3 of Tract No. l0280, be placed in
Zone M-l.
Mr. Nicklin advised that there is room for doubt that C-M would
cover all of his operation.
The Chairman stated that the commission would bear this recommenda-
tion in mind for discussions after the hearing.
}~. Herbert Winslow, 1418 Oaklawn Road, stated that he is a member of
the Arcadia Friends Church, and that the church is very happy to be
incl uded in this annexation. He declared that the par t of their pro-
perty that is not zoned R-2 they would like to have included in the
annexation as R-2, along with the church. The parking lot to the
east was omitted from the annexation, and they would like to initiate
a petition to have that part. also included in the annexation, with
R-2 zoning.
Mr. John Blake, 417-19 E. Live Oak, stated he felt the C-M zoning
was not a realistic approach to the zoning uses in the area.
Mr. Nicklin explained that C-M zoning. was a comparatively new zone,
comprising in part uses that were heavy commercial; most of them
derived from what was lighter uses taken out of M-l. C-M and M-l are
not in anyway similar, and as a further safeguard each use of a manu-
facturing nature must be approved by the Planning Commission before
it is permissible under the C-M which is not true under the M-l itself.
Mr. John Riggio, 3930 E. Live Oak, stated that he owns two stores
leased by the county library, and he will lose a tenant if his pro-
perty is annexed to the city.
Mr. Nicklin advised that technically there is no law which stipulates
a county library cannot continue to operate within a city as long as
it serves areas that are properly served by a county library.
Mr. Forman declared that a great deal of thought had gone into the
Planning Staff's recommendations for zoning of Annexation No. 19; he
believed it was almost impossible with the varying uses to satisfy
every individual property owner. He believed that the prol;lression
and types of zoning are right for this area.
Mr. Norton stated that the public should be made aware that the Plan-
ning Staff tried to protect the value of surrounding properties; the
fact that the Commission has chosen the D overlay factor is indicative
of their sincerity to try to meet all problems in the best interests
of the majority.
Mr. .Michler recommended that the commission proceed with this proposal
tonight, because he felt that this area has always been considered a
part of the city in the thinking of the citizens of Arcadia as well
as the Chamber of Commerce. The only other factor is to make the
proposal 100% by granting Mr. Shirley his M-l, since he has always
run a fine establishment, and would be an asset to the City of Arcadia.
PAGE THREE
September 8, 1959
RESOLUTION NO.
346
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Mr. Nicklin stated that this matter was under consideration by the
city some ten years ago. TIlere is a little over $1,000,000.00 in
assessed valuation in Annexation No. 19; he felt the t the commission
seldom ends up with such un.iformity in zoning with such a diversity
of previous zoning. He added that Mr. Shirley's request was under-
standable in order to protect what he already hss. He felt that the
overwhelming majority of property owners included in this annexation
are in favor of becoming identified with the City of Arcadia.
However, there is one facet of the C-M zone which needs consideration.
He referred particularly to the property lying east of Tyler Avenue.
The zoning ordinance stipulates that C-M zone permits other kinds of
manufacture, etc. other than those which may be obnixious, etc. The
owner has petitioned that zoning be accorded the property to permit
plastics and electronics manufacture.
Mr. Acker commented that this is a very important annexation, because
it would place both sides of Live Oak Avenue in the city, thus creat-
ing a better community spirit. He added that the C-M zoning is more
or less a research type of zoning as used today in the electronic
world; no noise emanates from this type of business. In other com-
munities you see the beautiful buildings of these engineering firms
and Arcadia has not made any real effort to obtain this valuable type
of business of the future. Funds to the tune of billions are spent
on this type of industry, and C-M zoning is the type of zoning that
would encourage the advent of electronic industry to Arcadia.
The Chairman declared the public hearing closed.
Mr. Forman moved that the commission accept the zoning as recommended
by the Planning Staff with the D Overlay on the C-M zone east of
Tyler Avenue, and with Mr.. Shirley's property being classified as
M-l instead of C-M.
Said motion waS seconded by Mr. Wallin for approval of the proposed
zoning for Annexation No. 19.
Mr. Stout bro~ht up the subject of the parking lots in connection
with the Arcadia Friends Church.
Mr. Nicklin advised that the church property is fully developed with
the exception of a small strip on the westerly portion of the proper-
ty. R-2 includes parking incidental to the church only, and does ro t
become a public parking lot as such. Properties across the street
which the church is proposing to use are not a part of the proposed
annexed area. The church should initiate action to include this pro-
perty in another annexation.
ROLL CALL
AYES: Commissioners Acker, Forman, Michler, Norton, Stout and
Wall in
NOES: None
ABSENT: Mr. Davison
No. 346 - The City Attorney presented Resolution No.. 346, entitled:
"A RESOLUTION OF THE CITY PLANNING COHMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE ANNEXATION
TO THE CITY OF ARCADIA OF THE TERRITORY KNOWN AND DESIG-
PAGE FOUR
September 8, 1959
ZONE VARIANCE
Doughman
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NATED AS "ANNEXATION NO. 19, SOUTH ARCADIA UNIN-
HABITED (REVISED)", AND RECOMMENDING INTERIM
EMERGENCY ZONING OF R-2, R-3, C-2, C-M AND D
(ARCHITECTURAL OVERLAY), AND M-l, THEREOF CON-
CURRENT WITH ITS ANNEXATION TO THE CITY OF
ARCADIA, RECOMMENDING REGULATIONS TO BE MADE
APPLICABLE TO THAT PORTION THEREOF THAT MAY BE
CLASSIFIED IN ZONE D (ARCHITECTURAL OVERLAY
AND MAKING DETERMINATIONS CONCERNING USES IN
SAID CoM ZONE."
Moved by Mr. Stout, seconded by Mr. Norton and carried to amend
the wording of Section 11 of Resolution No. 346 to approve the use
of a machine shop and the manufacture processing or treatment of
plastics and electronics, so long as they be conducted entirely
within an enclosed building and be not obnoxious or offensive by
reason of emission of odor, dust, smoke or gas, whether they comply
with air pollution control district regulations or not and provided
that they create neither noise nor vibrations perceptible upon adjac-
ent properties.
Moved by Mr. Michler, seconded by Mr. Norton and carried to waive
the reading of the full body of Resolution 346 as amended.
Moved by Mr. Stout and seconded by Mr. Michler for the adoption of
Resolution No. 346.
ROLL CALL
AYES: Mr. Acker, Forman, Michler, Norton, Stout and Wallin
NOES: None
ABSENT: Mr. Davison
The commission held a public hearing on the application of James L.
and Jean P. Doughman for a zone variance to allow the erection of a
duplex at 9912-9~14 E. Camino Real. This property is contained in
the area recently annexed to the city, and was automatically taken
in under R-1.
The Secretary read the staff report which indicated the lot contains
16,340 square feet, and has two existing single family dwellings.
The proposed duplex would be located at the rear of the lot wtth a
26 foot rear yard. The proposed two car garage would be attached to
an existing garage located at the center of the lot.
The land use from the new West City Limit to Baldwin Avenue is
ex~remely heterogenous. There is only one. multiple apar.tment develop-
ment in the above described area, but some of the lots have as many
as five single family dwellings.
In the 300 foot vicinity along either side of Camino Real there are
19 lots of which 10 have 1 dwelling per lot; 3 have two dwellings
per lot; 2 have five dwellings per lot; and one lot has an apart-
ment building. The applicant requests 4 dwellings on his lot.
No signatures or communications, either for or against the application
have been filed at the time of this report.
There being no further communications the Chairman declared the pub-
lic hearing open, and requested those in favor to come forward and
give their names.
PAGE FIVE
September 8, 1959
ZONE CHANGE
West Arcadia
Mr. Earl Favor, the Attorney for the applicant, stepped up to
answer any questions for his client.
Mr. Carl Kolo, lives opposite the applicant, and was speaking in
favor of the variance, because he felt that the old dwellings werc
a detrinlent to the connnunity; he thought this improvement was a
step in the right direction towards a more beautiful neighborhood.
The Chai.rman asked for those opposed to the variance to corne for-
ward.
The Chai.rman stated he thought the granting of this variance was
a little premature in view of the coming consideration for rezon-
ing of the property in Annexation No. 17-A.
Mr. Nicklin stated that ordinarily one might consider granting a
variance prematurely when you are planning hearings to rezone the
entire area; at a previous hearing which city officials attended
property owners present were informed that those owners who did not
feel it convenient, or if there were particular hardships to wait for
the Planning Commission, a variance could be considered.
Discussion followed. Some concern was expressed as to the advisi-
bility of granting a variance before the commission had the oppor-
tunity to consider the entire zoning of the annexation.
The Chairman declared that this hearing should be continued for a
report from the Zoning Committee for a decision at the next regular
meeting.
The commission considered the proposal to change the zone from
Zones R-l and R-2 to Zones C-2, C-3 and .D inl'lest Arcadia as con.-
templated by Resolution No. 335, continued from the last meeting.
The Secretary read one communication from Jeannette Van Krippen,
610 W. Naomi Avenue which stated briefly she is in favor of C-2
zone unrestricted; she believes. this is the logical and realistic
planning in keeping with .the fine shopping area adjacent.
The Secretary stated that he has spoken several times to the dif-
ferent owners in the area who are confused as to some definite
answers on the D overlay; the alley opening and street widening
as to how it will be scheduled. He suggested that the commission
could set up a meeting with the owners and the Attorney and the
City ~ngineer to give more definite answers than he is able to
give.
Mr. Nicklin explained that the D zoning is used as an overlay;
that the basic zone uses are permitted, subject to the architectural
restrictions.
Many lots in other areaS have not seen fit to dedicate the neces-
sary footage for alleys, street widening, etc., so that we have
technical compliance with individual lots, but we still don't have
enough that we can use the streets and alleys. There are other
ways of accomplishing it, one being the u~e of the special improve-
ment district proceedings, e.g. 1913 Act, 1903 Act or the 1911 Act.
He added that in view of past experience he might recommend either
the openings actually occur or proceedings be properly started by
PAGE SIX
September B, 1959
petition of the owners so that, on account of the time element
involved in these proceedings, the Council could be assured of the
actual culmination of the work to be done.
He agreed that the suggested meeting with interested property
owners could serve a purpose of better acquainting thepeople con-
cerned with details involved. '
Mr. Stout expressed some concern whether this zoning change should
be considered at all, since confusion seems to be prevalent among
the property owners, and he felt somewhat confused hi~elf.
The Chairman answered that the city had lost many opportunities for
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good development because no such property was available, and didn t
know when it would be made availalbe. You cannot accomplish any
good development by' spot zoning, and the idea of reZoning this
larger area was to attract a larger improvement.
Mr. Stout replied that no such a developer is known, and that until
such a person appears, he did not see the advantage of rezoning.
The Chairman stated that the meeting which they are recommending with
the property owners and the commission, the City Attorney and the
City Engineer, could explore all of these factors, and perhaps
they would find out that rezoning the area would be impractical at
this time.
Discussion followed to determine the best possible place to hold
such a meeting.
Mr. Norton stated that one of the things the commission is trying to
do is to secure public reaction in consideration of an overall pro-
gr~; this is not a program where the commission decides what's going
to be done, but whatever results Will be accomplished by getting to-
gether with the property owners. It was agreed to attempt to set
up this meeting for September 29, 1959, Tuesday, at Hinshaw's.
Mr. Nicklin suggested that this not be an official meeting of the
commission, but rather an informal meeting between members of the
commission and the interested property owners.
The Chairman announced that the public hearing would be continued
officially at the next regular planning commission meeting,
October 13, 1959.
LOT SPLITS
No. 264 - George W. Williams, 35 E. Camino Real, referred to Mr.
Stout and Mr. Michler.
Mr.. Michler reported that the newly created lot will be larger than
other lots in the surrounding area, and he would therefore recommend
that the lot split be granted, subject to the conditions recommended
by the City Engineer.
Moved by Mr. Michler, seconded by Mr. Stout and carried to recommend
tentative approval of Lot Split No, 264, subject to the following
conditions:
1. File a final map with the City Engineer.
2. Pay $25.00 recreation fee.
PAGE SEVEN
September 8, 1959
3. Pay the trust established by Tract No. 24350
in the amount of $2,038.30, plus interest for
street purposes.
4. Remove the block wall along Louise Avenue or
make it conform with ordinance requirements.
5. Construct a new door to provide adequate access
to the existing garage.
6. Remove all buildings from Parcel 2.
No. 246 - W. A. Angel, 1709 Claridge Avenue, approved May 26,
1959, requested modification of area.
This request was to secure a revised alignment from a previous
application. The adjoining owner has suggested that the line be
wider at the rear and return to a point at the present front pro-
perty line. The square footage involved would be approximately
410 square feet which is the same as the previous square footage.
This is probably a better alignment of the two properties.
Mo~ed by Mr. Forman, seconded by Mr. Wallin and carried to recom-
mend the approval of the modification of area on Lot Split No. 246,
subject to the originally approved conditions.
TRACT No.
22.862
Tract No. 22862 - located on the south side of Orange Grove Avenue
cOIltaining 7 lots continued from the last meeting. The Secretary
read from a letter signe.d by H. B. Winslow, 1418 Oaklawn Road. It
requested the continuance of this matter because of urgent business
matters and intervening holidays which made it impossible for inter-
ested groups to meet for the purpose of reaching a compromise.
Mr. Dexter Jones pointed out that the revised map filed with the
Planning Division conformed in every detail with the requirements
of the ordinance, the 60 foot street, lot frontage, square footage
of the lots, etc., and he stated his client Mr. Clarizio was very
anxious to see some action on it.
Mr. Stout stated that he thought the commission was in agreement
that this tract should be approved with the condition an architectural
committee should meet with Mr. Clarizio to approve the design of
thE; homes that would make the rest o.f the neighborhood feel they
arE; in keeping with the quality of homes in the surrounding area.
He felt that in spite of the fact that such a decision would not be
popular with everyone, and affirmative decision would solve the
disposition of a problem parcel.
A &entleman in the audience requested that this matter be delayed in
order that alternate plans could be submitted and discussed by both
sides before any decision was made by the commission.
Mr. Norton brought to the commission's attention that different mem-
bers of the commission attempted to bring the two factions in this
matter together to amiably resolve this problem. In fairness to
the prospective developer, after having been delayed on several
occasions, and in view of his fine cooperation, he has complied with
aU restrictions applicable, and the members of the commission have
no right to delay a decision in this matter any longer.
Mr. Clarizio stated clearly that he would not agree to any further
extension of conSideration for a decision on Tract No. 22862.
PAGE EIGHT
September 8, 1959
Mr. Nicklin advised that there is nothing in the ordinance that even
calls for the requirements of an architectural committee except under
the D ~one. It is pot improper, however, to include a condition in
tract restrictions to be recorded if the owner of the property has
volunteered to do so. He added that such a condition would be sus-
tainable only under a theory of estopel in that the owner seeking
approval of the subdivision has offered with no coercion on our
part to insert such conditions.
He adVised the Planning Commission to make its recommendation to be
approved, subject to the conditions of the staff report and with
the suggestion that deed restrictions be imposed upon the property;
and architectural approval of any improvements so as to afford reas-
onable protection to adjoining properties.
Moved by Mr. Norton, seconded by Mr. Stout and carried to recommend
approval of Tract No. 22862, subject to the following conditions:
1. Remove the existing 2 story dwelling and its
accessory building.
2. Remove all trees and shrubs from the street right
of way.
3. Dedicate a 5 foot planting and sidewalk easement
along Orange Grove Avenue within the tract.
4. Provide a drainage easement satisfactory to the
City Engineer.
5. Install all street improvements required. by the subdi-
vision ordinance, an.d the City of Sierra .Madre.
6, Pay all fees and deposits required by the. subdi-
vision ordinance.
7. Provide necessary rear line utility easements.
8. Provide a sewer easement satisfactory to the City
Engineer.
9. It is spggested that an architectural committee be
appointed to approve all building plans to pro-
tect the surrounding properties.
Mr. Forman added that he felt everything had been done to keep the
lots as large as possible, and that seemed to be the chief objection
of the opposition. He had hoped something would occur either through
compromise or agreement, so that the lots could have been made larger,
and more in keeping with the area in general. He expressed the thou~t
that future possibilities of land suitable for development might be
effected by the decision rendered tonight. In view of this he wished
to go on record as intending to cast a negative vote.
The Secretary mentioned that one of the conditions of the tract was
to dedicate a 5 foot planting and sidewalk easement the entire length
of A Street, and along Orange Grove Avenue. Now that the street will
be 60 feet, the first part of this condition should be stricken.
PAGE NINE
September 8, 1959
~tr. Wallin stated .he had to ask himself. the question if this
decision would be good planning for Arcadia; he would' like the
R-O section to continue as it is in the Oaks with its larger lots,
so he also Will cast his vote as "No".
ROLL CALL
AYES: Mr. Michler, Stout, Acker and Norton
NOES: Mr. Forman and Wallin
ABSENT: Mr. Davison
SIGN
Request of Joe Crizone for permission to erect a 'sign at the car
wash at 66 W. Las tunas Drive.
The Secretary explained that the car wash went in under a zone var-
iance on an approved plot plan, which did not show a post sign. they
want a post sign on the Live Oak frontage; the sign to be 5' x 9',
and to be elevated 14' above the ground, and it would overhang Live
Oak Avenue a little. The Secretary added he had requested the owner
.to forward a letter stipulating why the sign is needed, but had not
received one as yet.
Mr. Nicklin advised that no building permit can be issued for this
sign, because no sign was shown on the original plot plan at the time
of the zone variance, and until some further application is made, there
is no action to be taken by the Planning Commission.
Lot SPLIT
No. 265 - Henry A. Major, 1113 S. Mayflower was assigned to Mr. Mich-
ler and Mr. Wallin for investigation..
The Chairman asked the City Attorney about the responsibility of a
member of the commission in carrying out his duties according to
the ordinances laid down; whether he can go beyond what is written.
Mr. Nicklin advised that this is an advisory group, and as such the
City Council is entitled to your planning advice. The subdivision
and lot split ordinance wss actually formulated by the staff and
the Planning commission and recommended to the City Council, so
that it is the workmanship of this body. It is certainly proper for
the commission to voice its disapproval of the strict application of
the ordinance to a given situation, even if the matter is technically
in compiiance, but in your opinion is not good .planning.
The City Council then has no alternative legally, but to give their
stamp of approval, unless they want to risk a law suit.
ADJOURN
There being no further business before the cOlIllllission, the meeting
was adjourned.
~VVv,
L. M. TALLEY
Planning Secretary
PAGE TEN