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HomeMy WebLinkAboutJANUARY 24, 1961 , ROLL CALL MINUTES ZONE CHANGE E. Duarte Road . 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 '--_/ '\ J 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., Page Two January 24,. 1961 . J 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 '-_// J 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 ',~--~j 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 . 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 . ) 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 -. 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 ) 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