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HomeMy WebLinkAboutAUGUST 9, 1960 1 , . ROLL CALL MINUTES ZONE VARIANCE Robinson Bros. r- '- MINUTES PLANNING COMMISSION OF THE CITY OF ARCADIA REGULAR MEETING AUGUST 9, 1960 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., August 9, 1960, with Chairman Acker presiding. PRESENT: Commissioners Acker, Ferguson, Golisch, Michler and Norton ABSENT: Commissioners Forman and Rutherford OTHERS PRESENT: City Councilman Edward L. Butterworth City Attorney James A. Nicklin Director of Public Works C. E. Lortz Planning Secretary L. M. Talley The Planning Secretary announced that due to vacations the minutes of the regular meeting of July 26, 1960 were not "miled, and were therefore not presented for approval at this time. The Chairman introduced Mr. Kermit D. Ferguson, a new member of the Plan- ning Commission to those present, and welcomed. him to the commission. lie also informed the commission that Mr. E. E. Rutherford, another newly ap- pointed Planning Commissioner was absent tonight as he was on his vacation. The Planning Commission continued the public hearing on the application of Robinson Brothers for a zone variance for Zone R-3-R uses at 9943 Longden Avenue. The Planning Secretary presented the most recent letter of protest which stated that the signer protested the granting of the request because it would be detrimental to the value of his property. The writer wanted the City of Arcadia to remain a City of Homes instead of apartment houses. The Ie t ter was signed by Roxy F. Wilson, 2017 'S. Baldwin Avenue, Arcadia. The Chairman asked Mr. Robinson to comment on the protests registered against his request for zone variance. Mr. Harry Robinson, representing Robinson Brothers, the applicants, stated that due to the large amount of protest to their application he wished to withdraw his request for variance to wait for the City Council and Planni~ Commission's study of the zoning for the area. The City Attorney stated that unfortunately the Zoning Ordinance makes no provision for the withdrawal of an application or the termination of the proceedings in most instances.. In the past, the cOlnD.ission has terminated the proceedings and adopted a minute resolution reciting the request for withdrawal that the conduct of further proceedings would be an idol gesture and recommend to the City Council that the requested variance be denied without prejudice for reconsideration of a new application. Page One August 9, 1960 . ~-~, Moved by Commissioner Michler, seconded by Commissioner Goli.ch and carried to close the public hearing on Robinson Brothers request for zone, variance for R-3-R uses at 9943 Longden Avenue. RESOLUTION No. 384 The City Attorney stated that it would be in order to adopt a resol- ution, which he presented ~o the connn1ssionas Resolution No. 384, entitled: "A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE DENIAL WITHOUT PREJUDICE OF A ZONE VARIANCE TO AL.LOW THE CON- STRUCTION OF THREE APARTMENT HOUSES AT 9943 LONGDEN AVENUE IN SAID CITY. II Moved by Commissioner Michler, seconded by Connnissioner Golisch and car- ried to waive the reading of the full body of Resolution No. 384. Moved by Connnissioner Michler, seconded by Connnissioner Norton to adopt Resolution No. 384. ROLL CALL AYES: Connnissioners Acker, Golisch, Michler and Norton NOES: None ABSENT: Commissioners Forman and Rutherford ABSTAIN: Connnissioner Ferguson. TRACT NO. 19065 The cOlIUDiss'ion cons idered the final map of Tract No. 19065, located on Lee Avenue, south of Longden Avenue, containing 21 lots; includingapprov- al of a subdivision trust. The ?lanning Secretary stated that notice of the amount of the trust which affects only one property owner was mailed to that party. The Planning Secretary then read the Subdivision Connnittee and staff report which stated this is the final map of Tract No. 19065, located on Lee Ave- nue, south of Longden Avenue, containing 21 lots. The tentative map was approved by the City Council on January 5, 1960, and an alteration of the tract was approved June 8, 1960. The final map conforms with the approved tentative map and is recommended for approval, subject to the following conditions: 1. Dedicate lot 22 in fee to the city. 2. Remove all buildings within the tract except those approved by the commission, after inspection and report by the staff. 3. Provide all necessary rear line utility easements. 4. Install all street improvements required by the sub- division ordinance. 5. Pay the following fees and deposits: 2 9 58 21 Street name signs @ Steel street light poles @ Street trees @ Lots . recreation fee @ $ 35.00 $70.00 135.00 1,215.00 8.50 493.00 25.00 525.00 $2,303.00 Page Two AugUBt 9, 1960 .. r-'- .~ 6. Dedicate a 5 foot planting and s ide\Oalk easement along thc north line of lot 10. 7. Determine the amount of the subdivision trust to be established on lot 23. 8. The City shall dedicate for street purposes the bar- rier at the present end of Lee Avenue. The Planning Secretary explained Item No. 1 which stated de,tilicate lot 22 in fee to the city; that is a one foot lot on the east side of the street between Lots 17 and 18" a parcel of property which is not a part of the subdivision; for the sole purpose of controlling a lot split in the future; if the lot split is approved then that one foot Would be dedicated for street purposes. The Planning Secretary explained Item No. 2 of the report; there is a small house which \Oas a guest house on the larger property. The house is 20' x 3D' and it is a full residence of 600 square feet. In the cor- ner of lot 16 there is a garage and a laundry room which the Planning Secretary did not believe would present any problem;on lot 14 there is a house which is comparatively new, within the last 10 years at least; and has a IS foot rear yard ins tead of the usual 25 fee t which is required by ordinance. On lot 11 there are 2 sheds and this property belongs to the owner of the property facing Longden Avenue who is des- irous of keeping these sheds. The City Attorney stated that there are things which can be done, but whether or not the commission Would be inclined: to do them is the ques- tion. It is true that the owner does not control certain lots; there is an indirect control exercised in that the subdivider is purchasing property for the subdivision. In negotiating the purchase you have it in your power either not to buy or buy upon terms that are acceptable to the commission. He believed the problem presented to the commission in this matter, however, is the weighing of the merits against the defects of the subdivision; he bc'lieved ~hat most of the commissioners are fam- iliar with the area and the attempts that have been made over the years to get that street through. Commissioner Norton expressed concern about the substandard lots. The Planning Secretary advised the commission that it should also con- sider the proposed subdivision trust. He explained from the map that on the original tentative map filed there was to be a future street dedicated, going west from Lee Avenue to connect eventually with Green- field Avenue; a lot was to be on the north side of this street, facing Lee Avenue; that is not included in this present tract, and the subdiv- 'ider proposes Lot 23, a one foot strip, to be set' up in trust so that when this land on the wes tside of the street does want to use the stree.t they will have to pay their proportionate share of costs. Now, it is a matter of the amount only. The property affected is the prope~ty on the west side of the street along the lot at 138 E. Longden Avenue owned by John L. Peterson who was notified that a hearing would be held tonight, and the amount that has been arrived at by the Engin- eering Department, after costs submitted by the subdivider is $2,918.58. The lot would be deeded in trust to a title company with instructions that upon payment of $2;918.58, plus 6 per cent interest, the lot would be deeded back in fee to the city and then, upon satisfactory lot split or development of property, the one foot would be dedicated for street purposes so that the property would have access to the street. Page Three August 9, 1960 # /--~, The trust runs over a 20 year period; if not used after 20 years, the property automatically comes back to the city in fee. Moved by Connnissioner Golisch. seconded by Commissioner Michler to re- commend the approval of the final map of Tract No. 19065, including the subdivision trust, subject to the conditions as outlined in the staff report, dated August 4, 1960. ROLL CALL AYES: Commissioners Acker, Golisch and Michler NOES: Connnissioner Norton ABSENT: Commissioners Forman and Rutherford ABSTAINED: Commissioner Ferguson The Planning Secretary stated that there is a three and one vote, which results in no action being taken. The City Attorney stated that the city charter provides with respect to appointive boards and connnissions and this connnissim is one, that the affirmative vote of a majority of the entire membership of such board or commission shall be necessary to take any action except to adjourn. There is no provision in the city's Subdivision Ordinance for a review of the final map by the Planning Connnission, so that the connnission does not have to take action on it.. Under the Sbudivision Map Act the state law provides that upon the fil- ing of a final map, the governing body shall, at 'its next meeting or in a period of not more than 10 days after the filing of the final map, approve the map if it conforms to all the requirements of this chapter and of any local ordinance applicable at the time of approval of the ten- tative map or any rulings made thereunder. It also provides for an ex- tension of that time, with the consent of the property owner. Relating that to the case presently before the conunission the final map as sub- mitted does not conform to the requirements of the local ordinance ap- plicable at the time of its tentative approval, and the rulings made thereunder, so that the failure of the City Council to approve it with- in 10 days would not make it automatically approved. Inasmuch as the City of Arcadia's ordinance does not require the connnis- sion to pass on the final map, but inasmuch as the City Council would doubtless like to have the thinking of the Planning Conunissim, the com- mission might break the deadlock by request'ing that the matter be refer- red to the City Council with a copy of the minutes of the proceedings as they did occur. The City Council would then have the thinking of the Planning Connnission and the vote taken, and it would break the impasse as provided in the charter. Moved by Connnissioner Norton, seconded by Commissbner Golisch and carried to refer the final map of Tract No.. 19065 to the City Council with a copy of the minutes of the proceedings stating the thinking of the Planning Connnission. The minutes should reflect the reasons for the no action vote as follows: Page Four Augus t 9, 1960 I BOUND~Y PLAN APPROVAL ,~ (1) Some of the lots are substandard in size. (2) Some of the buildings which did not comply with the Building Code were undesirable. Mrs. Park the developer, stated that insofar as the buildings lo- cated on the Clarizio property are concerned, Nr. Clarizio is wil- ling to make a statement that he is going to move the house off of his piece of property, lot No. 17. She added that she had in her possession a set of the restrictions which are to be recorded on the proposed tract, calling for a floor area of 1600 square feet on each of the lots. The other little house which is substandard will have to either be moved off or brought up to 1600 square feet. The only thing which the subdivider does not have control of are the two sheds. She believed that the owner of the property could not allow the sheds to remain because the land is much too valuab.le to be used for such purposes. The commission considered a request to deannex the rear of property at 15.00-1508 Loganrita Avenue. The Planning Secretary explained that the reason he has marked this matter tentative is that before any action can be taken toward annex- ation or deannexation, there must be a boundary description approved by the County Boundary Commission. The subdivider would simply like to know the feeling of the commission as to whether it would be favor- able to such action. The Planning Secretary submitted the map the subdivider proposes to use for development of the land, and explained ,the layout to the connuiss ion As the subdivision is planned' the lots would contain the minimum re- quirement of 7500 square feet, with the street to be 40 .feet wide. After considerable discussion the Chairman declared that the matter would be referred to the Zoning Committee for analysis and report. The Planning Secretary presented a plan for approval wherein a change of zone was granted, subject to the plans being approved by the Plan- ning, Commission. The plan is for the proposed Ralph's Market at 211 E. Foothill Boulevard. The Planning Secretary pointed out at the board the plot plan as orig- inally submitted and stated that since that time Ralph's have acquired additional prop~rty to the northeast and they are proposing to build the larger portion of the building , with the east wing left for future addition. The Planning Secretary described the elevations stating that they have been,changed to some extent. The sign is proposed to be constructed right at the southwest corner of the property. After conSiderable discussion it was moved by Connuissioner Norton, seconded. by Connnissioner Go.lisch and carried to approve the plans for the Ralph's Market at 211 E. Foothill Boulevard. Page ,Five Augus t 9, 1960 .- INDUSTRIAL BRUSH - Plan Approval COMMENDATION RESOLUTIONS The Planning Secretary next presented the plan for the Industrial Brush Company, 214 N. First Avenue. He pointed out that Resolution No. 381, which was on the agenda, recommended the approval of the zone variance of the Industrial Brush Company. The applicant would like to have the plans ready to go when the variance is effective, and since one of the conditions of granting the variance was the approval of the plans by the Planning Commission he was presenting them tonight. After. discussion it was moved by Commiss.ioner Norton, seconded by Commissioner Michler and carried to approve the revised plan of the proposed improvement at 214 N. First. Avenue, The Planning Secretary read a communication signed by Mr. R. B. English, President of the Industrial Brush Company, which commended the commission and the staff for its fine efforts and actions in the face of sometimes unfair comment. The communication was ordered filed by the Chairman. No. 379 - The City Attorney presented Resolution No. 379, entitled: "A RESOLUTION OF THE CITY PLANNING CmlMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE GRANTING OF A ZONE VARIANr-: TO ALLOW THE EXPANSION OF THE SOUTH- ERN CALIFORNIA EDISON PLANT AT 309 NORTH SECOND AVENUE IN SAID CITY." Moved by Commissioner Norton, seconded by Commissioner Michler and carried to waive the reading of the full body of Resolution No. 379. Moved by Commissioner Norton, seconded by Commissioner Michler for the adoption of Resolution No. 379. ROLL CALL AYES: Co~issioners Acker, Golisch, Michler and Norton NOES: None ABSTAINED: Commissioner Ferguson ABSENT: Commissioners Forman and Rutherford No. 380 - The City Attorney presented Resolution No. 380, entitled: "A RESOLUTION OF THE CITY PLANNING COMMISSJ ON OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE GRANT- ING OF A REQUESTED ZONE RECLASSIFICATION FROM ZONE R-l ,TO ZONES C-2 and D (ARCHITEC.TURAL OVERLAY) OF PROPERTY AT THE REAR OF 228 EAST SYCAMORE AVENUE IN SAID CITY." Moved by Commiss ioner MichIe r, seconded by Commiss ioner Golisch and carried to waive the reading of the full body of Resolution No. 380. Moved by Commissioner Michler, seconded by Commissioner Golisch for the adoption of Resolution No. 380. Page Six August 9, 1960 " ROLL CALL AYES: Commissioners Acker, Go1.isch, Michler and Norton NOES: None ABSTAINED: Connnissioner Ferguson ABSENT: Commissioners Forman and Rutherford No. 381 - The City Attorney presenteqReso1ution No. 381, entitled: "A RESOLUTION OF THE CITY PLANNING COMI-lISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE GRANTING OF A ZONE VARIANCE TO ALLOW THE CONSTRUCTION OF AN OFFICE AND STORAGE BUILDING AT 214 NORTH FIRST AVENUE." Moved by Comrr.issioner Go1isch, seconded by Commissioner Norton and carried to waive the reading of the. full body of Resolution No. 381. Moved by Connnissioner Go1isch, seconded by Connnissioner Norton for the adoption of Resolution No. 381. ROLL CALL AYES: Commissioners Acker, Go1isch, Michler and Norton NOES: 'None ABSTAINED: Commissioner Ferguson ABSENT: Commissioners Forman and Rutherford No. 382 - The City Attorney presented Resolution No. 382, entitled: "A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMl-IENDING THE DENIAL OF A REQUESTED ZONE CHANGE AND RECOMMENDING THE GRANTING OF A VARIANCE TO ALLOW CERTAIN R-3 USES UNDER SPECIFIED CONDITIONS ON THE PROPERTY AT 2515 SOUTH SIXTH AVENUE." The City Attorney advised the commission that the only condition not contained in this resolution was whether or not the connnission desired to review and pass judgement on the plans for the proposed improvement. The Planning Connnission ruled in the afUrnlative, and the City Attorney added this condition to Section No.4. Moved by COlllll1iss ioner Michler, seconded by COlllll1issioner Gol iSch and carried to waive the reading .of the full body of Resolution, No. 382. Moved by Coannissioner Norton, seconded by Commissioner Go1isch for the adoption of ~solution No. 382. ROLL CALL AYES: Connnissioners Acker, Go1isch, Michler and Norton NOES: None ABSTAINED: Commiss.ioner Ferguson ABSENT: Commissioners Forman and Rutherford Page Seven August 9, 1960 ,.. . ~~ .~ , , No. 383 - The City Attorney presented Resolution No. 383, entitled: "A RESOLUTION OF THE CITY PLANNING COMl'IISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE DEN.IAL OF AN APPLICATION FOR CHANGE OF ZONE FROM ZONE R-2 TO ZONE C-l ON PROPERTY AT 208 EAST DUARTE ROAD IN SAID CITY." Moved by Connnissioner Norton, seconded by .Connnissioner Gol.isch and carried to waive the reading of the full body of Resolution No. 383. Moved by Commissioner Norton, seconded by Connnissioner Golisch for the adoption of Resolution No. 383. ROLL CALL AYES: Commissioners Acker, Gol isch, Michler and Norton NOES: None ABSTAINED: Commissioner Ferguson ABSENT: Connnissioners Forman and Rutherford AUDIENCE PARTICIPATION Mr. Robert J. Rourke, 330 E. Duarte Road, addressed the commission, ask- ing what is going to happen to Duarte Road. He did not believe that any- one owning property on Duarte Road has any antic~pation that it will eventually be zoned anything but commercial. The Chairman explained to Mr. Rourke the city's plans to have planning experts address the Planning Commission and the City Council at a joint meeting on the much discussed subject of a master plan. Mr. Rourke continued that. he has whitt was once the old "Mellon patch" at the corner of Fourth and Duarte; there is nothing west of that ,property with the exception of one residence which hasn't any quality whatsoever. The residents have seen commercial development going in, and everything points to a C-l or C-2 use ~n the future. The City Attorney cited certain instances which explained to Mr. Rourke's satisfaction the problems which develop in granting zone variances and changes sometimes resulting in spot zoning, and the desirability of an overall sweeping change .to avoid the piecemeal zoning of properties. ADJOURN There being no furthel bus.iness to come before the Planning Commiss ion the meeting was adjourned at 9:45 P.M. 'f~;,.~ Planning Secretary Page Eight August 9., 1960