HomeMy WebLinkAboutJANUARY 24, 1961
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ROLL CALL
MINUTES
ZONE CHANGE
E. Duarte Road
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MINUTES
PLANNING COMMISSION OF THE CJ;TY OF ARCADIA
REGULAR MEETING
JANUARY 24, 1961
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., January
24, 1961, with Chairman ,Acker presiding.
PRESENT: Commissioners Acker, Ferguson. Forman. Go1isch. Michler,
Norton and Rutherford
ABSENT:
None
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 Commission approved the minutes of the regular meeting of
January 10, 1961,as written and mailed.
The Planning Commission held a public hearing on the proposed zone
change on Duarte Road between First Avenue and Second Avenue as contem-
plated by Resolution No. 400.
Tl!e Planning Secretary explained from the map that there are two lots
on the north side of Duarte Road; and five lots on the south side of
Duarte Road under consideration.
The Planning Secretary read the s,taff report which stated in 1955, by
Ordinance No. 912, this portion of Duarte Road was rezoned to Zone C- 1,
subject to certain dedications for street and alley purposes. Some
of the properties made the dedications at that time, and were specifical-
ly rezoned.
Other properties described in the ordinance did not dedicate at the
time, but the ordinance provides that if the dedicat,ions were made with-
in a two year period that the property would be rezoned without the
necessity of further hearings.
The time period specified has elapsed and the, properties now under con-
sideration did not make the required dedications and have not been
rezoned.
It would now be in order to rezone tlle property to Zone C-1, subject
to the dedications required by Ordinance No. 912, and probably to specify
a longer period of ttme in which, toma\<e the dedications.
The Planning Secretary presented a communication from 01eoice F. Price.
which stated that she is purchasing a pending subdivision to the south
of the property under consideration, and it was herundersta\1ding that
a 6 foot wall is to be erected by owners of the new C-lproperty back-
ing up to the R-1 lots under consideration ,for subdivision., She
Page One
January 24, 1961
ZONE CHANGE
W. Duarte Road
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wished to emphasize the need for s,uch a wall, ancl that such a
stipulation be required if the zone change is' granted.
The Planning Secretary presentecl another communication from Bishop
Moore, owner of property at 152 E. Duarte Road. The writer was
in favor of R-3 zoning such as being considered on Duarte Road
west of Holly Avenue. He concluded by stating that he was' opposed
to any zoning other than all commercial or all R-3. '
The Chairman declared the public hearing opened, and asked for
those in favor of the rezoning to please come forward and give their
name.
Mr. Richard Nash, 1023 Greenfield, stated that the Planning Commis-
sion has had this case before them once before. He wished to go
on record as not being opposed to this plan; that this is in keeping
with the plan proposed by the Planning Commission first established
in 1955, and now being carried forth a second time.
The Planning Secretary stated that Mr. Newer, owner of property just
west of the C~l'lots, stated that he is in favor of the C-l zoning
for the area.
Motion by Commissioner Forman. seconded by Commissioner Ferguson
and carried unanimously to close the public hearing on this matter.
The City Attorney asked if it was the thought of the commission
that the former recommendation be renewed at, this time but only the
time limit be changed. Perhaps 10 years is too long for the time
extension. but he would suggest somewhere between 2 and 5 years; it
is only recently that activfty in that general area has begun to
increase, referring to the library, etc.
Motion by Commissioner Golisch, seconded by Commissioner Michler to
recommend the approval of zone change to C-l on Duarte Road between
,First and Second Avemues, after certain dedications have been made,
and to extend the time limit for this action to 5 years.
ROLL CALL
AYES: Commissioners Acker. Ferguson. Golisch, Michler, Norton and
Rutherford
NOES: None
'ABSTAIN: Commissioner Forman
ABSENT: None
The Planning Commission considered a clecision on the proposed zone
change on property on Duarte Road. located west of Holly Avenue.
The Planning Secretary presented a communication which contained
about 19 signatures. The petition stated that the verbal requests
at the public hearing were practically unanimous in requesting a
change from R-l zoning to R-3. The property owners are not interested
in R-3R, modified R-3 or an R-l variance with 1 story restriction. '
The communication concluded that from an aesthetic point of view all
2 story would blend in with the existing development and requested
a straight R-3 zone for the area.,
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January 24,. 1961
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A second communication from Mr. Frank Jolly was read which requested
R-3 zoning, outlining the economical factors invo~ved in support of
his request.
A later communication signed by Mr. Frank Jolly, 488 W. Duarte Road,
was read which stated that after attending the committee meeting,
he wished to amend his earlier communication ,stating that he felt
modified R-3 would be worthy of consideration.'
The Planning Secretary read a fourth communication from the law
offices of Howser, Coughlin and Schmitt, represent.ing Mrs. Elizabeth
C.Willis, 1115 Holly Avenue, opposing the condition outlined in the
newspaper article that certain fences along Duarte Road be altered.
She felt that such a required change would be detrimental to her
property. .
The Planning Secretary presented the staff report which stated at
the public hearing on this matter held on January 10, 1961, the
owners Were unanimous in their request for Zone R-3. A subsequent
petition reiterates the' desire for Zone R-3 and sets out examples
and reasons for not limiting the R-3 use and height requirements.
The commission has for a long time been concerned about the density
of population in Zone R-3,. They have also noted the bulk of the
apartments being constructed and the tendency of at least some of
the builders to fill the lot with every living unit allowable, re-
gardless of the effect on the neighborhood or the desirability of
the living conditions created on the property.
This portion of Duarte Road has been under study for a number of
years. Most of the lots are large, and have lost their desirability
as an R-1 area. The committee feels thats'ome relief in zoning is
warranted. However, the area is near a good residential section
to the east and to the south, and we feel that any ,relief granted
should be limited to such an extent that the effect on the R-1 areas
is kept to a mini~um.
We have also considered a method of regulating the open area on
the lot. We feel that access to the tear portion of multiple dwell-
ing lots by means of a street or alley is highly desirable. The
present R-3 regulations require certain off street parking areas,
some of which may be open. Few of the builders provide more covered
parking spaces than are required. As long as open parking spaces
are required, they might as well be provided at the rear of the lot,
thus keeping the area available for future access if possible. This
would also provide more open space between buildings.
A few of the lots have requested that no change in zone be made at
this time. They are located in an area that the owners feel is
potential commercial area and prefer to wait for a desirable com-
mercial development.
The following recommendations are submitted in an effort to afford
the owners relief, from the present restrictive r~,gulations of Zone
R-1; to offer sufficient relief so that the development of the area
is economically feasible, and still provide enough restriction so
that the area will offer desirable living conditions and not injure
surrounding property.,
To that end we offer the following recommendations:
Page Three
January 24, 1961
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1. The properties at 615, 604, 612 and 620 W. Duarte Road,
being those located west of Lovell Avenue and west of the
mortuary, to be left in Zone R-l with no change.
2. The properties at 611 W. Duarte Road, occupied by the
mortuary; 400 to 436 ,W. Duarte Road, owned by the Methodist
Church; and 512 W. Duarte Road owned by the Lutheran
Church, be left in their present status with no change.
3. The balance of the area under consideration, except the
two lots ,on Holly Avenue south of the Methodist Church
be left in Zone R-l with a zone variance to allow all
of the uses of Zone R-3, subject to the regulations of
Zone R-3, but with the following limitations:
a. Dedicate the front 12 feet of the lots facing
Duarte Road for street purposes, except where such
dedication has been made. -r
b. The required land area per dwelling unit be increased
from 1500 square feet to 2000 square feet.
c. The required floor area per dwelling unit be
increased from 750 square feet to 850 square
feet average, with 600 square foot minimum.
d. No portion of any building within the front 65
feet of the lot, after street dedication, to be
more than one (1) story or 16 feet high.
e. No portion of the rear 45 feet of any lot be
occupied by buildings or other structures.
f. The property at 1115 Holly Avenue, located at ,the
northwest corner of Holly Avenue and Duarte Road,
to maintain the required setback from both Holly'
Avenue and Duarte Road.
g. That existing fences be reduced to legal height
and location concurrent with the establishment of
R-3 use on each lot.
h. That a20 foot driveway be required, instead of the
alternate of two 10 foot driveways.
i. That the Planning Connnissionretain authority to
make minor modificat~ons in any of the foregoing
regulations if such modifications are necessary and
desirable and will accomplish substantially the
same results as will strict adherence to the regula-
tions herein set forth.
4. Two lots on Holly Avenue, south of the Methodist Church have
asked for R-3 zoning. The northerly lot has an area of
30470 square feet and now has three single dwellings. The
southerly lot has an area of 24930 square feet and now has
two single dwellings. They are adjacent to the church
,and Zone R-2 to the north and west. ZoneR-l exists to
the south and southeast. Across Holly Avenue to the east
is the Holly Avenue School. Other schools in the city
are completely surrounded by Zone R-l. We see no justifica-
tionfor starting R~3 zone on Holly Avenue south of Duarte
Road. We recommend that these two lots be rezoned to Zone R-2.
Page Four
January 24, 1961
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The Planning Secretary stated that in connection with Item (d)
the clause "16 feet high" was one of the additions he added to
the recommendations made at the committee meeting. He felt that
with floor level approximately 2 feet above the level of the
ground; 8 feet to the ceiling; another 6 foot rise on the roof,
16 feet should be :satisfactory; but he thought there should be
some restriction as to the height of the one story.
The Planning Secretary explained that Item (f) was not discussed
by the commission; he felt that the property at 1115 Holly Avenue
at the northwest corner of Holly Avenue and Duarte Road" should
maintain the required setback from both Holly Avenue and Duarte
Road. The property to the north would take the Holly Avenue set-
back and he thought it was reasonable to ask the setback be main-
tained on both Holly Avenue frontages.
The Planning Secretary explained that Item (g) had, been added
because around the property at IllS Hoily Avenue, which although
he has never measured, he believed to be more than 6 feet high;
our present ordinance limits fences constructed adjacent to a
street to a maximum of four feet. If this item of the report is
recommended for approval, it would not require the wall be reduced
in height until such time as the property was changed in use.
The Planning Secretary advised the commission that on La Cadena
Avenue the street is actually located 5 feet farther east than
the record map indicates; in an effort to correct this, the city
vacated the west five feet of La Cadena Avenue, making a 55 foot
right of way instead of a 60 foot right of way. The lots on the
west side of La Cadena Avenue have a five foot excess already by
reason of the erroneous location of the street, and another five
feet by reason of the dedication of a portion of the s,treet. North
of Fairview Avenue part of that five foot strip was rededicated
for street purposes; the 5 feet of vacated street in this proceedings
which would extend on the west side of La Cadena from Duarte approx-
imately halfway to Fairview should be rededicated to the city to
make a full 60 foot right of way.
Commissioner Golisch stated he felt the recommendations as out-
lined in the committee report were a good compromise for the pro-
perty owners and the city as a whole. He would approve the details
contained in the report.
Generally the commission concurred with the report.
The Planning Secretary explained, in answer to a qu~tion about how
many units this modification of R-3 would allow, that he had cal-
culatedfrom three typical lots an approximation of what could be
realized. For example, 460 W. Duarte Road, after street widening;
straight R-3 ,zoning would allow 26 apartments; under._this proposal
there could be 19, and under R-3-R would be allowed~ \)
COlllll1issioner Ferguson stated that On the south side of Duarte the
property abuts R-l property so that he was happy to see the rear
yard 45 feet to avoid the problem of the second story looking down
into the R-l yards.
COlllll1issioner Michler stated that he WOuld prefer the type of devel-
opment recommended in the report rather than the "barracks" type of
apartment. He felt that the citizens of Arcadia would prefer this
kind of improvement.
Page Five
January 24, 1961
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The Chairman announced that even though the public hearing had been
closed, he felt the commission should listen to any other comments
which members of the audience might wish to make.
Mr. Jolly, one of the applicants, stated that he did not realize
the properties on the south side of the street would be required to
have the 45 foot rear yard.
The Planning Secretary stated that to avoid having a two story
apartment looking down into the property to the south, he had con-
sidered the advisability of placing the garages on the rear property
line and the required turning area would provide the 45 feet from
the rear line; but some members of the committee had suggested the
open parking area at the rsar, which would provide more protection.
Mr. LeRoy Miller, 541 W. Duarte Road, stated that he appreciated the
Planning Commission 's conscientious approach to their problem, but
he could not understand why they should be the ones who ~re selected
to be a model R-3 zoning area for the City of Arcadia; why should
they be denied a straight R-3, since they have been put off for many
years on this matter through no fault of their own. He expressed
disappointment because if these recommendations are adopted by council
they will be restricted to less units than the straight R-3 would
allow.
Motion by Commissioner Michler, seconded by Commissioner Forman and
carried unanimously to recommend the approval in substance of the
report of the Zoning and Subdivision Committees on the rezoning of
Duarte Road at this location, and the City Attorney presented a
resolution accordingly.
RESOLUTION
No. 403 - The City Attorney presented Resolution No. 403, entitled:
"A RESOLUTION OF THE CITY PLANNING COMMISS,ION OF THE CITY
OF ARCADIA, CALIFORNIA, RECOMMENDING THE RECLASSIFICATION
FROM ZONE R-l TO ZONE R-2 OF SPECIFIED PROPERTIES ABUTTING
THE WEST SIDE OF HOLLY AVENUE SOUTH OF DUARTE ROAD, MD
RECOMMENDING THE GRANTING OF A VARIANCE FOR R-3 USES UPON
SPECIFIED CONDITIONS AFFECTING PROPERTIES NORTH AND SOUTH
OF DUARTE ROAD BETWEEN HOLLY AVENUE AND BALDWrn."
The Planning Secretary pointed out in relation to subsection "j"
which stated "a driveway 20 feet in width unobstructed from the
ground upward", that in Zone R-3 it is stated "except for a 3 foot
eave overhang".
Commissioner Norton stated that in reference to subsection "m"
that the time period of 10 years was too long; he felt that 5
years should be long enough. Considerable discussion followed; and
it was decided to put the time element to a vote at the time of
the adoption of the resolution.
Motion by Commissioner Michler, seconded by Commissioner Forman /lnd
carried unanimously to waive the reading of the full body of Resol-
ution No. 403.
Motion by Commissioner Forman, seconded by Commissioner Ferguson
and carried unanimously to insert the correct legal on page one (1)
of Resolution No. 403.
Motion by Commissioner Michler, seconded by Commissioner Forman and
carried unanimously to amend subsection "j" of Paragraph 6, by the
Page Six
January 24, 1961
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insertion (after the word upward) of the words "o,ther than eave over-
hang" a~ specified in Section 9255.2.-10 of the Arcadia Munkipsl Code.
Motion by Commissioner Michler, seconded by Commissioner Ferguson and
unanimously carried for the adoption of Resolution No. 403 as amended.
In voting for the adoption of the resolution Commissioners Golisch
and Norton voted in favor of the time limit of 5 years, but the re-
maining five commissioners favored the 10 year period.
LOT SPLIT
No. 313 - Alfred H. Allen, 1021 S. Second Avenue, change of lot depth.
The Planning Secretary explained that this lot split has been approved;
there is approximately a 300 foot depth with the west end of the pro-
perty to go into a proposed subdivision. The applicant is requesting
now that the line be changed to make the lot depth off of Second
Avenue 220 feet and the westerly portion, after the dedicatlon for
Greenfield wo~ld be 190 feet, equalizing the depth.
Motion by Commissioner Forman,seconded by Commissioner Golisch and
carried unanimously to give tentative approval of the change in Lot
Split No. 313.
No. 322 - K. L. Nitzkowski, 661 Fairview Avenue referred to Mr. Forman
and Golisch.
The Planning Secretary explained that this is a lot about 70' x about
170'; the request is to divide 50' x 100' out of the southwesterly
portion to be used with property facing Baldwin Avenue; leaving a 20
foot strip back to other property owned by the same owner and zoned
for parking.
Commissioner Forman stated that the 20 foot strip should be covenanted
so that it could not be 'used for anything except for access to rear
parking.
Motion by Commissioner Golisch, seconded by Commissioner Forman and
carried unanimously to recommend the approval of Lot Split No. 322,
subject to the following conditions:
1. File a final map with the City Englneer.
2. Pay $25.00 recreation fee.
3. Execute and record a covenant that the west 50' x 100'
be used for parking only; and that the east 20.61 feet
not be used as a building site.
RESOLUTION
No. 402 -The City Attorney presented Resolution No. 402, entitled:
"A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE
CITY OF ARCADIA, CALIFORNIA, RECOMMENDING THE DENIAL
OF AN APPLICATION FOR CHANGE OF ZONE FROM ZONE R-l TO ZONE
R-3 ON PROPERTY ON THE SOUTH SIDE OF SYCAMORE AVENUE
EAST OF SECOND AVENUE IN SAID CITY."
Motion by Commissioner Forman, seconded by Commissioner Norton and
carried unanimously to, waive the reading of, the full body of Resol-
ution No. 402.
Page Seven
January 24, 1961
MEETING ON
ANNEXATION
LOT SPLIT
No. 320
MOD IF ICATION
APPEAL
210 W. Orange
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Motion by Commissioner Norton, seconded by Commissioner Forman and
carried unanimously for the adoption of Resolution No. 402.
The Planning Secretary advised the commission that he had received
a call from Mr. Wentworth of the Chamber of Commerce. He explained
the council action on the proposed annexation south of Live Oak
which 'had been held pending a report from the Chamber of Commerce.
Mr. Wentworth has requested that the Planning Commission appoint a
representative to meet with the Community Development and Land Use
Committee of the chamber to communicate the thinking of the Planning
Commission.,The meeting was to be Tuesday, January 31, 1961, at 7:30
A.M.
The Chairman selected Commissioner Norton to represent them at this
meeting, and Mr. Norton consented.
The Planning Secretary advised the commission, that at the last regular
meeting he had read a communication requesting that the lot split be
withdrawn from the agenda.
He talked with Mrs. Harris, one of the owners, and they are in escrow
dividing the property among the partners without the exclusive ease-
ment wh1chthey had requested; and with the full intention at the close
of the escrow of putting in the driveway and the parking places which
were not installed at 824 Arcadia Avenue on the original construction.
It was decided, after discussion, to hold the matter in abeyance and
the Planning Secretary would report back to them at a later date as
to the progress of eliminating the existing violations of the code.
The Planning Secretary presented to the Planning Commission an appli-
cation for a modification of fence requirements at 210 W. Orange
Grove Grove Avenue by William J. Bailey. The Modification Committee has
referred the request to the Planning Commission without recommendation.
The request is to build a 12 foot wire fence to act as a back stop
for a proposed tennis court. All the owners within the 65 foot radius
have signed their consent, with the exception of one owner at the
rear facing Hacienda who was out of town and there was no reply from
the notice of public heating mailed to them.
It has been approved also by Raymond Dorn.
Mr. Bailey, stated that there are trees around most of the property
at present; on the west side, he plans to plant trees to preserve the
privacy of the property owners next to him.
Motion by Commissioner Michler, seconded by Commissioner Rutherford
to recommen~ the approval of the request for modification at 210 W.
Orange Grove Avenue.
AYES: Commissioners Acker, Ferguson, Golisch, Michler, Norton and
Rutherford.
NOES: None
ABSTAIN: Commissioner Forman
ABSENT: None
Page Eight
January 24, 1961
HOUSE MOVING
ORDINANCE
PLANNING
COMMISSION
DISCUSSION
ADJOURN
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The Chairman stated that the commissioners have a copy of the house
moving ordinance from the City of Monterey Park, and he suggested
that it might be wise to have the Zoning and Subdivision Committees
meet together to study it and discuss it.
The meeting was set for Tuesday, January 31, 1961 at 7::30 P.M.
Commissioner Norton brought up the point for discussion of the pos-
sibility of data being furnished the commission concerning R-3 in the
City of Arcadia; the amount of such development already in existence
in the city; the property zoned R-3 but not developed as such, etc.
The Planning Secretary exp~ained that he had compiled some data on
the subject, but has been somewhat hampered by working alone in the
department; he thought that when the City Planner was hired perhaps
something could be accomplished in this direction.
The Director of Public Works explained that his department is limited
in manpower, and he could not ask his staff to work any additional
overtime.
Considerable discussion followed c;m general planning problems in the
city.
Commissioner Norton brought up the matter of the lack of progress on
Margolin's commercial development at the corner of Sant,a Anita and
Live Oak, and the Director of public Works was directed to submit a
letter to Mr. Margolin requesting a report on the progress realized
in improving this property.
There being no further business presented to the Planning Commission
the meeting adjourned at 10: 15 P.M.".
fllvv.
L. M. TALLEY
Planning Secretary
Page Nine
January 24, 1961