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HomeMy WebLinkAbout1-9-90Planning Commission proceedings are taped recorded and on file in the office of the Planning Dept. MINUTES ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Tuesday, January 9, 1990 The Planning Commission of the City of Arcadia met in regular session on Tuesday, January 9, 1990 at 7:30 p.m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Larry Papay presiding. PLEDGE OF ALLEGIANCE ROLL CAW . PRESENT: Commissioners Amato, Clark, Hedlund, Szany, Papay ABSENT: None MINUTES MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to approve the Minutes of December 12, 1989 as published. The motion passed by voice vote with none dissenting. MOTION It was moved by Commissioner Szany, seconded by Commissioner Hedlund to read all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice vote with none dissenting. OTHERS ATTENDING: Mayor Pro Tem Mary Young City Attorney Michael Miller Planning Director William Woolard Senior Planner Donna Butler Associate Planner Corkran Nicholson Secretary Silva Verge! Arcadia City Planning Commission 1/9/9( Page 1 PUBLIC HEARING TM 48678 841 -849 W. Fairview Ave. condominium. Jennifer Ning Shia The staff report was presented and the public hearing was opened. No one spoke in favor of or in opposition to this item. MOTION Consideration of a tentative map for a 20 -unit residential It was moved by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. MOTION It was moved by Commissioner Szany, seconded by Commissioner Clark to approve TM 48678 subject to the conditions in the staff report. ROLL CAW AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay NOES: None Chairman Papay noted there is a ten day appeal period. PUBLIC HEARING TM 48792 125 -129 Fano St. Irene Chang Consideration of a tentative map for an 8 -unit residential condominium project. The staff report was presented. William Woolard, the Planning Director, explained that the driveway is in the center of the project, is off of Fano and doesn't go all the way through to the alley. There are a total of 4 guest parking spaces, 2 on each side of the project. The parking spaces are on -grade with the alley. The public hearing was opened. Chuck Osborne, 121 Fano, said that he objected to the proposed development. He explained that there is no water pressure for his units. He felt that the area is being saturated with condominiums and that the pace is too rapid. He commented that with some of the other developments there were a lot of noise problems and construction was 7 days a week. He asked why the developer is not present and felt that that showed a lack of interest on her part. There were no additional persons desiring to speak in favor of or in opposition to the proposal. Arcadia City Planning Commissior 1/919( Page MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. Mike Miller, the City Attorney, stated that the developer was notified and it is not required that they attend the meeting. He stated that the developer must agree to all the conditions in the staff report and if she doesn't she can appeal the Commission's decision to the City Council. Since the applicant is not present she has waived the right to protest. Commissioner Clark questioned the water pressure and Mr. Woolard commented that this should be referred to the Water Department and said that this could be something that is area wide or just pertains to Mr. Osborne's property. He noted that the hours of construction are clearly stated on the permits which are Monday- Saturday 7:00 A.M. to 7:00 P.M. excluding Sundays and holidays. Mr. Miller stated that the Commission should consider the tentative map and not the enforcement of construction hours of other projects that have violated the hours. If there are any problems after construction has begun the neighbors can call the police who will cite them. Chairman Papay asked staff to follow up on the water problem. Commissioner Hedlund felt that there should be some kind of a treatment to the alley. The houses that face the alley have carports but the cars in the proposed units are not screened. Commissioner Amato agreed with Commissioner Hedlund. Mr. Woolard said that Commissioner Hedlund's feelings can be conveyed to the architect but he doesn't have to make any changes, since the project complies with Code and has been through the architectural design review and has been approved. There is 200 sq. ft. of landscaping on the west side of the property line and the same on the east side adjacent to the alley. Staff said that although the majority of developments provide common open space, it is not a requirement on lots containing less than 8 -units but an added amenity. Commissioner Szany liked the project and said that it has adequate landscaping. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to approve TM 48792 subject to the conditions in the staff report. ROLL CAW AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay NOES: None Chairman Papay noted that there is a ten day appeal period. Arcadia City Planning Commissior 1/9/9( Page PUBLIC HEARING TPM 89 -021 474 Leroy Ave. adjustment. Wang Construction & Development The staff report was presented. Mr. Woolard said that the 46' wide lot is a legal lot and can be built on without the lot line adjustment. The public hearing was opened. Steve Wang, 160 W. Magna Vista, said that a wider lot will give more flexibility for a nicer home. He said that he is in agreement with all of the conditions in the staff report. No one else spoke in favor of or in opposition to the lot line adjustment. Consideration of a tentative parcel map for a lot line 468- MOTION It was moved by Commissioner Szany, seconded by Commissioner Clark to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Clark felt that it was an appropriate improvement. MOTION It was moved by Commissioner Clark, seconded by Commissioner Szany to approve TPM 89 -021 subject to the conditions in the staff report. ROLL CAW AYES: Commissioners Amato, Clark, Szany, Papay NOES: Commissioner Hedlund Chairman Papay noted that there is a ten day appeal period. PUBLIC HEARING TPM 89 -020 138 Fano St. Soken Yoshimoto, Maxim Corp. Consideration of a tentative parcel map for a 2 -unit residential condominium project. The staff report was presented. In response to a question from Commissioner Hedlund, staff said that the units are detached and the elevation for both buildings is similar. Storage and trash areas are centrally located. The public hearing was opened. No one spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Clark to close the public hearing. The motion passed by voice vote with none dissenting. Arcadia City Planning Commissior 1/9/91 Page Commissioner Szany thought it is a nice project but was concerned that cars would park in front of the garages. Staff remarked that guest parking is off of the alley. Commissioner Clark liked the project. MOTION It was moved by Commissioner Szany, seconded by Commissioner Amato to approve TPM 89 -020 subject to the conditions in the staff report. ROLL CALL AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay NOES: None Chairman Papay noted there is a ten day appeal period. PUBLIC HEARING TPM 89 -022 Northeast corner of Second Ave. & Santa Clara St. Chandler Investment Properties Consideration of a tentative parcel map to create two lots from one lot. The staff report was presented and the public hearing was opened. Roger Wolf, The Chandler Group, 4116 W. Magnolia, Burbank, said that they are in agreement with all of the conditions in the staff report. There were no additional persons desiring to speak in favor of or in opposition to this item. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Clark to close the public hearing. The motion passed by voice vote with none dissenting. Staff explained that the CPD -1 zone is commercial planned development and the lots must be a minimum of 22,000 sq. ft. Any development on a CPD -1 lot should be compatible with the others in the area as far as the architecture of the building and the materials used. Commercial uses such as a restaurant or motel /hotel are allowed with a conditional use permit. However, a market would not be permitted. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Clark to approve TPM 89 -022 subject to the conditions in the staff report. ROLL CALL AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay NOES: None Arcadia City Planning Commissior 1/9/9( Page Chairman Papay noted there is a ten day appeal period. PUBLIC HEARING TPM 90 -001 325 E. Duarte Rd. Robert & Rose Nese Consideration of a tentative parcel map for a 3 -unit residential condominium project. Staff said that this item will have to be continued because wrong zip codes were used by the applicant in preparing the labels for the public hearing notices. The public hearing was opened. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to continue the public hearing to the Commission's January 23, 1990 meeting. ROLL CALL: AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay NOES: None Commissioner Szany abstained from this item, since he is the architect of the project. PUBLIC HEARING CUP 89 -020 615 -619 E. Live Oak Ave. Arcadia American Legion Post & The Plount Co., Inc. Consideration of a conditional use permit for the construction of the Arcadia American Legion Hall. Facility will be used for American Legion activities, American Legion members and their families and rental of hall to other organizations and groups. The staff report was presented and the public hearing was opened. John Plount, 464 S. Cataract Ave., San Dimas, stated that the American Legion has been at its current address on First Avenue since 1923 and was surrounded by farms. Now the facility is in a residential area. An extensive search was done in the past year before choosing this site which would be ideal for the proposed use. He commented that they are in agreement with all of the conditions in the staff report. The existing building on First Avenue is being acquired by Plount Co., for a new residential development. Carolyn Annas, 614 E. Sandra, spoke against the proposed use and explained that this will cause a lot of trouble for the residents to the north. She said that they have had many problems with the restaurant to the east of the subject site as far as fights, fire works, loud music, cars racing in the parking lot, customers throwing beer bottles in the dumpster which makes loud noises and lights shinning in their bedrooms. She said that they have to live with the Mounted Police building and the bud noise made by their activities. Barbara Stowe, 622 E. Sandra, was concerned with the music, parties and said that one of the families in the neighborhood has an autistic child and she was concerned with the affects that this might have on this particular family. She felt that there is enough liquor stores in the area and didn't think that one more liquor facility should be allowed in the neighborhood. She remarked that the parking . on the site is limited and said that if this project is approved that a block wall should be built instead of a chain link fence. Arcadia City Planning Commission 1/9/9( Page E Harold Witt, 2614 S. Louise, said that this is a residential area and the proposed use doesn't belong there. He commented that he visited the neighbors of the American Legion on First Avenue and the consensus is that they have had problems with loud music, trash, the consumption of alcohol and driving, fights, playing cards until 3:00 a.m. and deliveries. He suggested the Chicago Park area for the proposed project. Robert Annas, 614 E. Sandra, said that he is a long time resident of Arcadia and if this was approved, he would move. Wayne Burkhalter, 455 W. Woodruff, an American Legion member, explained that they have 2 regular meetings a month which are from 8:00 p.m. to 9:00 p.m. for the purpose of conducting their regular business matters. The bar is open daily from 3:00 -11:00 p.m. and Saturdays and Sundays from 12:00- 8:00. The hall would be rented to members and their families only and during the time when there is an activity they are required to provide a security guard. They have received no complaints from the residents on First Avenue regarding to drinking and loud noise or any type of an abuse. There is absolutely no drinking outside and no trash is thrown in the parking lot. He remarked that they don't permit their members to behave in such a manner and to be disruptive. He commented that the neighbors were sad to see them go from First Avenue. In rebuttal, Mr. Plount said that they will provide a block wall to the rear of the property which abuts a vacant lot and will serve as a buffer between the hall and the residents facing Sandra and noted that the distance is over 30'. The c.u.p. will reduce access to the vacant lot which is probably where cars race and trash is being thrown. Mr. Woolard said that there are two structures on the vacant land and noted that the alley is not an improved alley. The American Legion will be at least 50' from the homes to the north and explained that the distance is 30' to the alley and the alley is 25' wide. There were no additional persons wishing to speak in favor of or in opposition to the c.u.p. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. Chairman Papay remarked that the Commission has the option of placing a limit on the hours of operation and also to require a block wall instead of a chain link fence. Commissioner Clark said that this would be for the use of members and their families. The hours are limited and it will be an improvement to the property. He said that if any problems arise they can be resolved. Chairman Papay noted that a c.u.p. goes with the property and can be revoked. Commissioner Hedlund stated that this would be an improvement and thought 10:00 p.m. should be the time limit set on weekdays. He suggested moving the trash container to the front of the parking lot to reduce any possible noise for the properties to the north. Commissioner Amato said that additional insulation in the walls of the hall would reduce noise. Mr. Woolard said that a time limit of 11:00 p.m. has been set for restaurants that are in close proximity to residential properties. Arcadia City Planning Commission 1/9/9( Page Mr. Miller said that the Commission should determine if the proposal is a good land use and should deal with the facts instead of speculating. If there are any problems after occupancy, the residents should contact the police who will cite American Legion, and if there are 4 -5 legitimate noise complaints within one year the c.u.p. can be brought back to the Commission for review. Commissioner Clark liked the idea of reporting back to the Commission in one year if there are The Commission felt that the following additional conditions should be added: 1. A six foot high decorative masonry wall shall be built along the north property line subject to the approval of the Planning Department. 2. The use of the building shall be restricted to American Legion members and their immediate family members. 3. The trash enclosure shall be relocated to the southwest corner of the lot (parking space #1 on site plan). Location, materials, and landscaping shall be subject to the approval of the Planning Department. 4. The hours of use of the meeting room, bar game room and pool room shall be restricted to the following hours: Monday through Saturday 12 noon to 11:00 p.m., Sundays 12 noon to 8:00 p.m. 5. The Planning Commission shall retain jurisdiction in so far as that if there are parking, circulation and /or noise problem(s) resulting from this use which are found by the Planning Department at any time during the first twelve months that the American Legion building is open, a public hearing shall be scheduled for the purpose of determining the extent of the parking, circulation and/or noise problem(s), and for the consideration of modifying the original conditions of approval, or imposing additional conditions so as to mitigate the identified problem(s). MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to approve CUP 89 -020 subject to the conditions in the staff report with the addition of the above 5 conditions. ROLL CALL: AYES: Commissioners Amato, Clark, Hedlund, Papay NOES: None ABSTAIN: Commissioner Szany Chairman Papay noted there is a five working day appeal period after the adoption of the resolution. RESOLUTION 1429 A resolution granting C.U.P. 89 -020 to construct a new American Legion hall at 615 -619 E. Live Oak Mr. Woolard read the title of the resolution MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to adopt Resolution affirming the decisions of January 9, 1990 and the votes thereon. Arcadia City Planning Commissior 1 /9/9( Page E ROLL CALL: AYES: Commissioners Amato, Clark, Hedlund, Papay NOES: None ABSTAIN: Commissioner Szany Chairman Papay noted there is a five working day appeal period . PUBLIC HEARING CUP 90 -001 600 E. Live Oak Ave. Steve & Denise Riggio Consideration of a conditional use permit to sell liquor for for off - premise consumption, which will be within 150 feet of residentially zoned property. The staff report was presented. Staff said that the applicants are proposing to open a deli shop which will include the selling of liquor packed in gift baskets. However, due to a misunderstanding of the applicants' request staff would like to add that they wish to display various liquors for purchase and to sell the displayed liquor without having the containers gift wrapped or packaged, as required by condition No. 2 in the staff report. Staff does not have a problem with this request, as long as the sale of liquor is limited to 20% of the floor area which is used for retail sales and display. This is stated in condition No. 3 of the staff report to ensure that the sale of liquor remains as an incidental use to the primary deli items. In order to permit the sale of unwrapped liquor for off- premise consumption, condition No. 2 in the staff report must be deleted. The public hearing was opened. Denise Riggio, 2216 Sixth, said that she is in agreement with all of the conditions in the staff report. She stated that the primary business will be to make gourmet dinners which the customers will pick up and she would like to have beer and wine available for the customer to take home. The sale of liquor will be approximately 10% of the business. She explained that her store is 1175 sq. ft., 500 of which is for display area and the remainder is for kitchen space. She remarked that she doesn't intend to store liquor in the rear since the kitchen space might already be too small. She remarked that it would not be a good idea to have the liquor in gift baskets since the customer may not want the particular combination of liquor and it would be much more expensive to have it in gift baskets. Her business will be similar to Claro's market on Huntington Drive. She assured the Commission and the neighbors that this would not be like a liquor store. Since the liquor will not be a cooler in the store, she didn't think that she would get customers to come in just to buy warm beer or wine. She stated that there are several stores in the area who sell cold beer and wine and thought anybody who just wanted liquor would go there to purchase it. The sale of liquor in the store would be only as a convenience for the customers who purchase dinners. Barbara Stowe, 622 E. Sandra, objected to the sale of liquor and said that there are enough stores in the area who sale liquor. Harold Witt, 2523 Louise, said that he welcomed the facility but objected to the sale of liquor for off- premise consumption. He remarked that the area is being flooded with the sale of liquor. He said that if the alcohol is not chilled and there seems to be a problem with it, why have it if it is not needed. In rebuttal, Ms. Riggio, said that gift wrapped baskets are expensive and she would make them when a customer ordered it. To have ready gift baskets would not be a good idea since the customer may not want the specific items that are in the gift basket. Arcadia City Planning Commissior 1/9/9( Page There were no additional persons desiring to speak in favor of or in opposition to this item. MOTION It was moved by Commissioner Szany, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Clark stated that this is a desirable use and since the liquor will not be chilled he didn't think that people would come in just to buy liquor. Chairman Papay said that he shares the neighbors' concern but felt that with so many other liquor stores in the area, a customer would not go into Ms. Riggio's deli just to purchase liquor. He suggested adding a condition to the staff report that all beer and wine not be refrigerated. Commissioner Hedlund said that as long as the liquor is restricted to beer and wine there is no need to restrict the use of a refrigerator. He didn't think that people would go into this store to purchase warm liquor when they can go to a liquor store nearby to buy it chilled. Mr. Miller said that a condition can be added that if anybody drinks on the premises the applicant may be cited and since the applicant would have a vested interest she would enforce that condition. The Commission did not feel this condition was necessary. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Szany to approve CUP 90 -001 subject to the conditions in the staff report with the deletion of condition 2.. ROLL CALL: AYES: Commissioners Amato, Hedlund, Szany, Papay NOES: Commissioner Clark Chairman Papay noted there is a five working day appeal period after the adoption of the resolution. AUDIENCE PARTICIPATION Scott Downie, 1104 Rancho, asked about the meeting on January 10th, that staff will be having in regard to the proposed zone change, which amends the lot coverage requirements. He was angry that he was not notified of such a significant change which will affect his property. He said that a letter was distributed to the area residents and he was upset that he had informed of the meeting in such a manner. Mr. Woolard stated that City Council directed staff to prepare Text Amendment 89 -007 which amends the lot coverage requirements and adds a maximum allowable building floor area based upon lot size in th R -M, R -O and R -1 zones. He explained that the notice of public hearing for a text amendment is published in the Arcadia Tribune and is not required to mail out notices. The text amendment was approved by the Commission with some changes and was then referred to Council who felt that additional study was needed before considering the matter. In regard to the January 10th meeting, the Council established a committee to look at alternatives to addressing this issue who are comprised of staff, Commissioner Papay, Councilman Harbicht, area developers, engineers, architects, a representative from each homeowner association in the City, a representative from the south part of the City. Although this is not a public hearing and testimony will not be taken, it is open to the public. In response to a Arcadia City Planning Commissior 1/9/9( Page 1( question, Mr. Woolard said that the Commission will not review the text amendment again, unless Council refers it back to the Commission for changes that were not originally noticed. He remarked that the public hearing was continued to February 6, at which time public testimony will be taken and explained that if an item is continued further notification is not required. Chairman Papay noted that there is no proposed zone change in the area. Commissioner Hedlund said that the letter which was distributed is misleading and did not contain correct information. Greg Giestrap, 848 W. Huntington, asked questions about T.M. 48678, at 841 -849 Fairview. Mr. Woolard responded by saying that the proposed buildings will be setback 10' from the north property line which will be 85 -90% landscaped. These units have tuck under parking which means that the driveway is 6' -8' below grade and the units are above the garage. REVIEW OF ADR 88 -149 67 E. Live Oak Ave. Isa & Associates, Inc. Planning Commission review of a change in the design for a 5,000 square foot office building. The staff report was presented. Commissioner Szany objected to the proposed changes. The original plans as proposed were plain and to delete some of the architectural features will take away from the building and make it extremely plain for a building which will be there for a long time. There are no points of interest on the building and it needs to be softened up. Staff explained that if the Commission does not approve of the proposed changes, they can require the design to comply with the plans approved by MP 89 -001 and ADR 88 -149. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Szany, to deny the proposed changes with the finding that the proposed changes would detract from the building. ROLL CAW AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay NOES: None REVIEW OF PLANS 143 E. Foothill Blvd. McDonald's Restaurant Proposal to add 204 sq. ft. to the rear of the McDonald's restaurant for a walk -in refrigerator. The staff report was presented. It was the consensus of the Commission that because it would not increase seating or reduce parking a C.U.P. was not necessary. Arcadia City Planning Commissior 1/9/9( Page 11 MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato, that a C.U.P. would not be required to add 204 sq. ft. to the rear of the McDonald's restaurant for a walk -in refrigerator. ROLL CALL: AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay NOES: None TIME EXTENSION TM 46000 1017 -1025 Golden West Deric Sun The staff report was presented. MOTION Consideration of a 6 -month time extension for a 10 -unit residential condominium. It was moved by Commissioner Hedlund, seconded by Commissioner Szany, to grant a six month time extension to July 12, 1990. ROLL CALL AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay NOES: None RESOLUTION 1427 A resolution approving MC 89 -096 to grant a modification for a 28' -9" high detached garage in lieu of 16' -0" allowed at 1026 Singing Wood Drive. RESOLUTION 1428 A resolution approving CUP 89 -018 for a restaurant at 612 -614 E. Live Oak. Mr. Woolard read the title of the resolution. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to adopt Resolutions 1427 and 1428 and to formally affirm the decisions of December 12, 1989, reflecting the findings of the Commission and the votes thereon. ROLL CALL AYES: Commissioners Amato, Clark, Hedlund, Szany, Papay NOES: None Chairman Papay noted that there is a five working day appeal period. Arcadia City Planning Commissior 1/9/9( Page 1 MATTERS FROM COUNCIL MATTERS FROM COMMISSION None MATTERS FROM STAFF None ADJOURNMENT 10:10 p.m. 1.071/AlZP/t..) /.(91"4/.4(.. Secretary, Arcadia Planning Commission Arcadia City Planning Commissior 1 /9/9( Page 1;