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HomeMy WebLinkAbout4-9-91Planning Commission proceedings are tape recorded and on file in the office of the Planning Dept. MINUTES ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Tuesday, April 9, 1991 The Planning Commission of the City of Arcadia met in regular session on Tuesday, April 9, 1991, 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 CALL: PRESENT: Commissioners Amato, Clark, Szany, Papay ABSENT: Commissioner Hedlund MOTION It was moved by Commissioner Szany, seconded by Commissioner Amato to excuse Commissioner Hedlund. The motion passed by voice vote with none dissenting. MINUTES MOTION It was moved by Commissioner Amato, seconded by Commissioner Clark to approve the Minutes of March 26, 1991 as published. The motion passed by voice vote with none dissenting. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to read all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice only with none dissenting. OTHERS ATTENDING: City Attorney Michael Miller Planning Director William Woolard Assistant Planning Director Donna Butler Associate Planner Corkran Nicholson Assistant Planner James Kasama Assistant Planner William Stokes Secretary Silva Vergel Mike Miller, the City Attorney, said that the Planning Commission, pursuant to Government Code 54956.9.0 met in closed session regarding initiating litigation. Chairman Papay stated that in order for any motion to pass, adopted or approved a majority of the entire membership must vote in favor of the particular motion. If the required three votes are not obtained the motion would fail. PUBLIC HEARING MC 91 -011 310 Whispering Pines Summit Charles Bluth Consideration of modifications for chimney height, front yard setback for a new house and rear yard setback for a tennis court. The staff report was presented. Staff remarked that the roof and chimney heights have been lowered. The original plan did not specify the pad level and the heights of the chimney and the roof were measured by scale. The public hearing was opened. David Eskridge, 374 Paseo Squrisa, Walnut, the architect of the project said that they are in agreement with all of the conditions in the staff report. No one else spoke 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. In response to questions from the Commission, staff said that the lot to the north are 20' higher. Commissioner Amato was concerned that approving this would set precedent. Commissioner Clark agreed in regard to the setting of a precedent but remarked that the houses there are all located on big lots and as long as they are not an impediment to others he would be in favor of approving the request. If this modification was requested for anywhere else in the City, he would vote against it. Commissioner Szany agreed with Commissioner Clark and said the proposed house would be in keeping with the homes in the area. He commented that due to the slope of the lot, the height of the building may seem taller in some areas. Staff agreed with Commissioner Szany and explained that the building height is determined from the average of the lowest and the highest point of the existing grade which is covered by the building. In response to comments from the Commission, Chairman Papay said that he preferred having each individual project requiring modifications to come before the Commission to allow review of the project. MOTION It was moved by Commissioner Clark, seconded by Commissioner Szany to approve MC 91 -011 subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Clark, Szany, Papay NOES: Commissioner Amato ABSENT: Commissioner Hedlund Chairman Papay noted that there is a five working day appeal. Arcadia City Planning Commission 4/9/91 Page 2 PUBLIC HEARING MC 91 -017 2050 Vista Ave. Robert & Jacqueline Cooley The staff report was presented and the public hearing was opened. Mike Robey, 603 E. Green Ave., Pasadena, said that they are in agreement with all of the conditions in the staff report. No one else spoke in favor of or in opposition to this item. 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. The Commission was in favor of the request, since it would not have an impact on the adjacent neighbors. MOTION It was moved by Commissioner Szany, seconded by Commissioner Clark to approve MC 91 -017 subject to the conditions in the staff report. ROLL CALL: Consideration of modifications for a 1,120 sq. ft. second floor addition. AYES: Commissioners Amato, Clark, Szany, Papay NOES: None ABSENT: Commissioner Hedlund Chairman Papay noted that there is a five working day appeal period. PUBLIC HEARING CUP 91-003 1222 S. Golden West Ave. Roger Chen The staff report was presented. Consideration of a conditional use permit and modifications for a 14,179 sq. ft. food court restaurant. Staff remarked that the food court will be open from 9:00 a.m.to 10:00 p.m. seven days a week. The public hearing was opened. Ren Lin, 16742 Gothard, Huntington Beach, the architect was present and said that they are in agreement with all of the conditions in the staff report. He stated that the food park will be designed to provide a positive impact in the area. It will eliminate the existing vacant building and there will be no entertainment. It will be strictly an indoor sit -down restaurant with no food to go. It will provide a quiet and pleasant atmosphere. There will be several different vendors with a variety of food. The existing plans are for 6 vendors but there is room for more. Richard McBride, 810 W. Naomi, asked if security will be provided and wondered which building will be utilized; the old Pantry or Clark Drugs, and where will the supplies be delivered? He commented that there are many trucks at night on Naomi and was concerned that this project would increase the number even further. Arcadia City Planning Commission 4/9/91 Page 3 Kenneth Shultz, 800 Naomi, was also concerned about security and remarked that there have been broken windows in the past. He stated that the parking lot is very dirty and he has seen campers and trucks park in the parking lot on the weekends. Staff said that the parking of trucks and campers there are probably due to the vacant shopping center. The property owner will maintain the site in an orderly manner since it will have a negative impact if he does not. Mr. Woolard said that the new parking layout and the landscaping will effectively discourage the use of the parking for large trucks that want to get across to the street. In rebuttal, Mr. Lin explained that the tenants will probably not have large truck deliveries and will probably purchase their own supplies. They will keep the area clean due to the patrons and remarked that security will be a consistent operation. There will be no video type games which attract young kids. In response to Chairman Papay's question, Mr. Lin said that he had no problems with limiting the hours of delivery. No one else spoke 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. Chairman Papay remarked that if this approved, the City would have the right to revoke the license if there are complaints. He suggested that deliveries be restricted to 7:00 a.m. to 10:00 p.m. Commissioner Amato said that the only deliveries would probably be sodas and remarked that most of the delivery is done during the day. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to approve CUP 91-003 subject to the conditions in the staff report with the additional condition that hours of delivery should be restricted to 7:00 a.m. to 10:00 p.m. ROLL CALL: AYES: Commissioners Amato, Clark, Szany, Papay NOES: None ABSENT: Commissioner Hedlund Chairman Papay noted that there is a five working day appeal period after the adoption of the resolution. AUDIENCE PARTICIPATION None Arcadia City Planning Commission 4/9/91 Page 4 REVOCATION HEARING CUP 90-016 42 W. Live Oak Ave. Bill Skibsted Consideration of revoking conditional use permit 90-016 for Bill's Auto Body Shop. The staff report was presented. It was noted that Roy Streeter of the Building Dept., and Capt. Brown of the Fire Department were present to answer any questions. Bill Skibsted, 42 W. Live Oak, explained that he has tried to comply with the dates set forth by the Commission. He stated that due to the location of the property he belongs to the Southern California Water District (SCWD) instead of Arcadia. On December 26th of last year, he received a letter from them that he would be hooked up in March. The property was hooked up the last week of March and he explained that he was unable to install the fire sprinkler system until SCWD had connected the water line. In regard to the occupying of the building, he explained that due to the recent rains he stored the newly painted cars inside. The canopy has been up and down based upon necessity. He remarked that he is almost finished with the curbs and gutters but had to wait because SCWD had to dig trenches. Mr. Miller stated that Mr. Skibsted's excuses are not relevant to this procedure. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to close the hearing. The motion passed by voice vote with none dissenting. Chairman Papay said that they should look at the violation of the City Code (fire sprinkler system), which is endangering public safety. He was in favor of revoking the CUP and suggested granting additional time subject to the dates specified by staff on page 6 of the staff report. Commissioner Clark thought that Mr. Skibsted has been given ample time to comply and remarked that the Council was very generous with their approval. He commented that staff has spent an excessive amount of time on this project but said that he would be in favor of granting the additional time as specified in the staff report. Commissioner Szany agreed with Commissioner Clark and remarked that Mr. Skibsted cannot blame everything on SCWD. Commissioner Amato said that he would be in favor of the time extension but Mr. Skibsted should be aware that under no circumstances is he to occupy the building. Staff said some of the items on page 6 of the staff report have already been completed and noted that that the canopy should be removed by 4/10. Chairman Papay said that Mr. Skibsted should not occupy the building until the fire sprinkler system has been installed and until the Building Department has finaled the building. Failure to comply with any of the above or to meet the dates stated in the staff report will result in the immediate expiration of the CUP. Mr. Miller said that if Mr. Skibsted does not comply with the required conditions the CUP will be null and void, his business license will be revoked. The City Attorney's office will begin civil and criminal proceedings for Municipal Code violations and a civil suit will be filed against him to stop the business and to reimburse the City for all costs incurred. Mr. Woolard said that Mr. Skibsted should not work or park any vehicles inside the building until the fire sprinkler system has been installed and the building has been finaled. Arcadia City Planning Commission 4/9/91 Page 5 MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to revoke CUP 90-016 and that the CUP will be null and void if any one of the conditions are not completed within the time frames specified in the staff report. ROLL CALL: AYES: Commissioners Amato, Clark, Szany, Papay NOES: None ABSENT: Commissioner Hedlund Chairman Papay remarked that a resolution will be adopted at the next Planning Commission setting forth the Commission's findings. RESOLUTION 1458 A resolution granting CUP 91-002 for a martial arts studio at 142 E. Duarte Road. Mr. Woolard read the title of the resolution. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to adopt Resolution 1458, and to formally affirm the decision of March 26, 1991 and the votes thereon. ROLL CALL: AYES: Commissioners Amato, Clark, Szany, Papay NOES: None ABSENT: Commissioner Hedlund Chairman Papay noted that there is a five working day appeal period. MATTERS FROM COUNCIL Councilman Ciraulo said that this would be his last meeting and thanked the Commission for the experience. MATTERS FROM COMMISSION Commissioner Amato thought that new height regulations should be adopted for the mountains so that modifications would not be necessary. Mr. Woolard said that the present regulations allow the Commission to review projects requiring modifications. In regard to the tree ordinance, Chairman Papay said that he has 4 oak trees in his front yard and the roots of one of the trees is growing awkwardly and can kill or damage the other trees and an arborist suggested Arcadia City Planning Commission 4/9/91 Page 6 that he remove that tree. He said that in preparing the tree ordinance, staff should try to address this type of a problem. Mr. Woolard remarked that in such cases proof could be required to remove the tree. MATTERS FROM STAFF Mr. Woolard reminded the Commission about the Senior Citizen Center Hard Hat Party on Thursday, April 11. ADJOURNMENT 9:00 p.m. J raj y 7 r ' 7„ Secretary, Arcadia Planning Commission Arcadia City Planning Commission 4/9/91 Page 7