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HomeMy WebLinkAbout10-12-93Planning Commission proceedings are tape recorded and on file in the office of the Planning Dept. MINUTES ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Tuesday, October 12, 1993 The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 12,1993, at 7:30 p.m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Tom Clark presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Amato, Daggett, Hedlund, Huang, Clark ABSENT: None MINUTES MOTION It was moved by Commissioner Amato, seconded by Commissioner Hedlund to approve the Minutes of September 14, 1993 as published. The motion passed by voice vote with none dissenting. OTHERS ATTENDING: Mayor Pro Tem Dennis Lojeski City Attorney Michael Miller Acting Planning Director Donna Butler Senior Planner Corkran Nicholson Secretary Cheryl Lopez PUBLIC HEARING MC 93-060 105 W. Sycamore Ave Dr. Richard and Catherine Weise The staff report was presented. The public hearing was opened. Consideration of a proposed 10' -0" to 15' -0" westerly side yard setback in lieu of 20' -0" required for a second -story addition to the main dwelling. In Favor Richard Weise, 1960 Oak St. , South Pasadena, stated their intention is to continue the Colonial style of the home by squaring off the front of the house. He brought pictures of the current house for the commission to see. The addition will have the same color stone on the first floor and the same wood covering on the second floor on both the side yard addition and the rear of the house. This is a beautiful home that was built in 1936 and the intention is to improve and bring it up to' 1993 standards. Commissioner Clark asked if you are looking at the front of the house, you would be putting the second floor over the deck on the west side. In response Mr. Weise said that the deck doesn't extend all the way to the front of the house as it is right now, it extends about two thirds of the way up the front of the house. We will be squaring off that corner on the first floor and then bring it up to the second floor. Essentially they want the house to look the same as it does right now only wider. They will be adding one extra bay window and the second floor will look identical to the current second floor. Commissioner Huang asked about the number of trees next to the house and how the proposal would affect them. Mr. Weise said that there are three mature Aspen trees. They are hoping to save all trees; if anything only one would have to be removed it will just be a matter of trimming back that area. If you look at the pictures that whole section of the house is overgrown with trees and bushes they will clean it up once the addition is there. Bart Anderegg , 1225 Ramona Rd, Arcadia, I have been at the Architectural Review Committee and I believe this would be a great asset to this property and to his home. Dale Furman, Architect, from a design point of view the Colonial nature of the house extends right through the house and one of the things done was to not affect the beauty of the yard. The trees will have to be trimmed but not removed. Commissioner Huang said that Mr. Weise had said one tree may have to be removed and asked if Mr. Furman was saying differently from that? Mr. Furman said no, one could be and they would be back to apply for that if it is a protected tree. I'm not absolutely sure that we have to. It is not our intent to remove the trees. Bob Lincoln, 296 Orange grove Ave., Arcadia, Chairman of the Santa Anita Oaks Architectural Review Board, we heard this case and voted for it. We feel real positive about this project. I've been at this a few years now and its real refreshing to see someone who wants to come into an older house and redo it and maintain the original architectural style. Also, there were no objections from the neighbors. No one spoke in opposition. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Amato to close the Public Hearing. The motion was passed by voice vote with no objections. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to approve MC 93-060 with the conditions set forth in the staff report. ROLL CALL: AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark NOES: None Commissioner Clark stated that the application is approved and that there is a five working day appeal period, that would be Tuesday, October 19,1993. PUBLIC HEARING TA 93-003 Consideration of a text amendment establishing design guidelines for all R-0 and R -1 single family zoned properties within the City not currently located in a Homeowners Association and creating an Architectural Review Board. Arcadia City Planning Commission 10/12/93 Page 2 The staff report was presented. Commissioner Hedlund said that there are no design review fees, but asked if there would be any fee's for appeals. Ms. Butler replied that at this time no. But qualified it by saying that currently there is a fee for appeals to Home Owners Association and this would be the same. She thinks it is $210.00 but would have to check. Commissioner Clark asked if there is not a public hearing process, is there a notification process? Ms. Butler said that its not being recommended. The committee felt that because it is proposed to have two design professionals on the board, the design professionals will review the project based upon the aesthetics of the project; was the style compatible with the existing dwelling; and are they using good architectural judgment in the design so that you didn't have a variety of styles on one house. The design review board is designed not to address size, scale of the house, set back or any of these issues, because that criteria is set forth in the code. Commissioner Clark asked if the homeowners have public hearing for their architectural review boards. Ms. Butler replied, yes. The Homeowners Associations require review and approval of any exterior changes. They have two processes , a short form process which requires the property owner to secure approval from the neighbors and the long form process which requires a hearing. Commissioner Huang stated that the hearing process on page 5 , states that there shall be no public hearing process, decisions shall be made by the board with input from the applicant only. This is the recommendation from the design review study committee, however, if their are people who come to the meeting and would like to express an opinion would that be accommodated? Ms. Butler said she assumes they would be. We haven't had the opportunity to get into the operation detail of the Board. Commissioner Clark stated that this is a public hearing and that they will hear both for and against the text amendment and asked that they try to stay in the five (5) minute time frame for their comments. In Favor Merrill Johnson, 1924 S. 8th Ave., Arcadia, I am in favor of a Architectural Review Board that will formulate some kind of perimeters for the design of structures. We have been adversely affected by a particular structure that has gone up directly behind us. We have fought this. There was two battles, one was we were fighting over their variance, we won that battle, unfortunately we didn't get anywhere with the design. It is a complete eyesore for us. (dwelling at 1931 Tulip Lane) There is the existing ranch style house on the cul-de -sac, and attached directly behind that they built this Swiss chalet, barn like roof two story house so what we essentially have is two houses on a lot. They just put in an enclosed breezeway from the ranch style house to the chalet style house. There is no compatibility whatsoever, there is no style like that anywhere in the area. I asked how come a design such as this can be accommodated and apparently the answer is that as long as its not violating any code they can build anything they want. I know that some people prefer Home Owners Association to Architectural Design Review Boards. I'm glad to see that we are finally getting around to considering something like this, unfortunately it's too late for us but maybe it can help someone else. Wallacs Qua, 1605 Hyland Ave., Arcadia, I find the wording here interesting "visible, harmonious, compatibility, characteristic of the neighborhood ", these kinds of words. We have about 28 houses built on our street in 1949; we have 5 new homes that are totally incompatible. The original buildings were all ranch style; the five new homes are anything but ranch style. The sizes range anywhere from 2 to 3 times the square Arcadia City Planning Commission 10/12/93 Page 3 footage of the original houses. It has changed the entire nature of the community. We were a very close community and there has been a substantial change in the atmosphere, not so much in the change of the people per say but when you have million dollars houses with houses worth half that there is a whole different atmosphere. He's not against progress and upgrading the community, but there does have to be some concern for the people who live here. We don't have visible, harmonious, compatible, characteristic of the neighborhood. We want the Arcadia Community of Homes again. W. Bruce Wallace, 1560 Hyland Ave., Arcadia, stated that almost everyone on his block has signed a petition or appeared before the Planning Commission over these "pompous hotels ". Homes that are too large for the small lots, and more trees have been cut down'. Most of this has been done not by future homeowners but by people who are speculating. I think that something like a review board might be able to help. David Shoemaker, 272 W. Camino Real, Arcadia, thinks that this is a good idea, but about 6 years too late. Stated he thinks everybody can agree that you can be driving down any street in Arcadia and you will find single family one story dwellings and then all of a sudden you find a 10,000 sq. foot mansion. He feels that he can't go in his backyard because the house next store is built so high and close they can see everything from their balcony. He feels that the City has waited to long. Mike Miller, Arcadia City Attorney stated that the City has adopted several ordinances to mitigate the problem. There was an attempt to form a Home Owner Association in South Arcadia, but they could never organize and get the consensus to get it going. This is historically the reason of incompatibility. Ms. Butler outlined the history of the City's single family regulations; in the 60's you were allowed a three foot side yard set back for a single family home and the second story could be five feet from the side yard property line. You could go up to 35 feet in height. We changed the Code, increased the side yard set back to five feet, second floor ten feet. More recently the City adopted a minimum of 10% of the width of the lot with a minimum of five feet in the R1 zone which means if you have a 75 foot wide lot the first floor has to be set back seven and a half feet, second floor fifteen feet which is twenty percent the width of the lot. We have also reduced the overall building height to a maximum of 25 feet for lots under 75 feet in width and a maximum of 30 feet for lots over 75 feet in width, in addition two story houses today can only use 35% of the lot coverage. Mike Miller stated that. without Architectural Design Review mandated by ordinances, you just can't go to someone and tell them how to design their house. It does not fit in with the system of law that we have. If this does pass we will have the legal authority to have some control to avoid homes that are substantially unrelated to the neighborhood. Commissioner Clark added that a significant amount of work with zoning ordinances and code has been done. He also stated that there haven't been too many homes built under the new codes because the economy went south on us about that time. In fact he didn't know of any homes being built under the new codes and asked Donna if there were any. Donna replied that there are a few. Commissioner Huang said that the last few people who have spoke in favor expressed concerns of privacy and site of the house next to them It is his understanding that the ADR does not address these issues. The staff made it quite clear the Architectural Design Board is not a view protection or a preservation privacy statute. It is also his understanding that the square footage of the house and the height is covered under the zoning code. Mike Miller, City Attorney also added that you can meet the code and still have an incompatible house, so just because a house meets code doesn't mean it can't be deemed incompatible by a ADR board. Kenneth Ogilvie, 1539 Rodeo Rd., Arcadia, He asked if neighbors notification would be available, so that if they wanted to they could make an appearance at the ADR boards. Arcadia City Planning Commission 10/12/93 Page 4 In Opposition Barbara Patterson, 601 S. First Ave., Arcadia, President of the Arcadia Board of Realtors, We feel that there are already enough rules, regulations, mandates, and everything else that you can think of in order to preserve the character and the fine quality of homes in Arcadia. We also feel that we are looking at a possible violation of private property rights, something that all Realtors are sworn to protect. She brought up two points. First that she had a house on 1100 Panorama Dr., and she remembered how people sneered about her house. That house still stands and has been sold several times and lots of families have lived there and enjoyed that home. And secondly beauty is in the eyes of the beholder. Mike Miller responded on the issue of deprivation of private property rights. He said that the proposed Ordinance is consistent with ordinances throughout the United States and is consistent with due process and is not a deprivation of private property rights, Jim Thomas, 821 Arcadia Ave #1, Arcadia, President of the Highland Home Owners Association and also Chairman of Political Affairs for the Arcadia Board of Realtors. As a member of the Highland HOA I'm happy with our system of an Architectural Review Board selected and directed by the residents in the neighborhood. What we look for is compatibility in keeping with existing homes. I oppose a City appointed Architectural Review Board. Property Owners that are not in Home Owner Association's have not voted for an Architectural Review Board. On the contratrary citizens in south Arcadia have opposed creation of a Home Owners Association. The City should not impose controls on them without their permission. The recent City Ordinance for single family residences have resulted in homes that are much more in keeping with Arcadia's various neighborhoods. Another layer of government is not conducive in restoring a healthy local economy and encouraging the free enterprise system. Gordon Maddock, 900 S. First Ave., Arcadia, a businessman and Realtor for the city of Arcadia stated, we need to give the new Ordinances a chance to work. He personally opposes a government mandated Architectural Review Board for the following three reasons: It covers all homes, many people have already bought those homes with plans and ideas. Legislation that pits one persons taste over another is wrong; cannot get consensus of neighbors. He's against Government imposing regulations on all of the people for a few. And finally it requires staff time and is not cost efficient. He doesn't like all the houses in the City, but he thinks it's a beautiful City, and feels the proposed regulations erode private property rights. Steven Chang, Arcadia Chinese Association, The Arcadia Chinese Association voted to take the opposing stand and he came to register it. Margaret Henkey, 230 E. Camino Real. In 1968 she tore town chicken coops to build her house. The new house was not harmonious with her neighborhood, however eventually everyone else started cleaning up their properties and the neighborhood started looking pretty good. She finds it hard to believe that these bigger, beautiful homes being built aren't better then the chicken coops. She thinks we should have less government; and wanted to know who determines what is garish. Janice Gerhardt, 135 E. Las Flores, noted between Santa Anita and Second there are about 40 homes on her street, about 50% of those homes have had some kind of remodeling or updating and no one has complained. She feels that it has upgraded the area. The rules that the Planning Commission has are very comprehensive and should do the job without an Architectural Review Board. Albert Coragan, 517 Santa Rosa Rd., Arcadia, personally he feels this town has done nothing but improve. There are houses in this town that he doesn't like to look at so he doesn't look at them. He doesn't want 5 people telling him what he has to like. He doesn't like these mansions that they are building, but it's not for him to say. Architectural Design is an art form. Karren Schener, 30 W. Las Flores, Arcadia, said who is she to evaluate another persons taste. If there should be any control it should be by the people in the community not the government. Arcadia City Planning Commission 10/12/93 Page 5 Steven Chang, 360 Walnut Ave., Arcadia, asked if you put together so called experts for a Architectural Design Board their views may be one thing then if you put together different experts they could feel completely different. Who's standard will decide. Merrill Johnson, 1924 S. 8th Ave., Arcadia, CA, Felt it comes down to the government vs. special interest groups. Architectural Design Board's are fine if they are reviewed by Realtors and developers but not OK if done by the government which is suppose to represent the people. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. DISCUSSION Commissioner Daggett said he was one of the people on the Ad Hoc Committee appointed by the City Council to look into the subject of Architectural Review Board for non Home Owner Association areas. According to staff report, early on in the process there was a straw vote taken of those people on this committee as to whether they were in favor of looking into this or not. I was in the minority and voted in favor of exploring the process. I have heard tonight people in opposition because of big government, government being too restrictive, etc., it was not the intent of the committee that government staff this Design Review Board. It states very clearly that 5 people (citizens) from the neighborhood would form this committee, it is suggested that 2 of them have design background and also an Ad Hoc member of the board be from staff, so in that respect I guess 1 /6th of the board would be government. The intent was never expressed by this committee that design expression be restricted. It was merely to stop that one house in 100 that all of us would probably agree is ugly and stop it from being built with no harm to the applicant because in most cases the constructive criticism is a welcome addition to the design conclusion. He was surprised at the militant opposition; coming into tonight he thought it was a good idea now he's not so sure. This committee was never talking about size, but the asthetic characteristics and trying to make sure that whatever design solution was ultimately selected by the applicant was faithfully followed through with no significant contradiction. Commissioner Amato is in favor, always has been, always will be. You can call it government, you can call it whatever you want but I think the populous needs to be taken care of just like the Home Owners Association's are. Commissioner Huang was in favor of the concept of Architectural Design Board but concerned if it will dictate individual creativity. Therefore, in the process of serving as a member of the Architectural Design Board committee will try to have certain language incorporated to allow certain creativity. We also proposed to have no public hearing in the process so that the direct communication of the applicant with the board could be established without interference of people in the surrounding area with different preference of other styles. In other words I think the Architectural Design Board does provide room for flexibility. I am in favor. Commissioner Hedlund is opposed to the Architectural Design Review. He was on the original committee that formulated this. I don't think that we ever had a consensus. I don't believe that 5 people can make a consensus. I'm sure they could point out something that is really bad, but we can't give a committee something that we don't have. The city doesn't have the authority to turn down a project because of privacy. In the City of Arcadia we have about 9,000 homes which, overall are very nice. I'm sure we've all seen a home that we don't like and we say to ourselves "God, there ought to be a law ", but do we really mean it. I don't feel that the few that are bad are destroying the city. Commissioner Clark is lukewarm going into this and still is. He doesn't like alot of the houses either, but again that is his opinion. The problem he has are words like excessive, harmonious, compatible, garish, etc., giving those terms for people to rule on bothers him. He would prefer a Home Owner Association. I don't feel Arcadia City Planning Commission 10/12/93 Page 6 the time is right. He would like to see what happens first with the new code changes. He is opposed to it at this time. Commissioner Hedlund asked Donna if this is a recommendation or an adoption. Donna Butler replied yes, this is a recommendation that will be sent to the City Council. Commissioner Huang asked about trial basis. Mike Miller responded by saying he cbuld make that a part of the motion or recommendation that a majority of this commission approves or recommends a text amendment subject to it being implemented on a trial basis. If the City Council agreed and passed it they could put in a sunset closet, that it expires at a certain time subject to further review or repassage that could be implemented in some way shape or form by the council if they wanted to. You could certainly include it in your motion. MOTION It was moved by Commissioner Daggett and seconded by Commissioner Hedlund to not recommend approval of Text Amendment 93-003 to the City Council. ROLL CALL: AYES: Commissioners Daggett, Hedlund, Clark NOES: Commissioners Amato, Huang Resolution 1503 DISCUSSION A Resolution of the Planning Commission of the City of Arcadia, California, expressing the Commissions comments and recommendation to the City Council regarding Conditional Use Permit 92-003 for a proposed inert landfill at 12321 Lower Azusa Rd. Commissioner Hedlund asked if all three resolutions were just recommendations to the City Council. Donna Butter replied yes. Mike Miller stated that this is part of the comment process and will go to the City Council as such. Minutes will also go forward. Commissioner Hedlund asked if it was to late to make some changes in the Resolutions. Mike Miller stated that changes in the Resolutions can be added administratively until tomorrow so until its voted on you can add. You can make some changes if the Commission agrees to it and votes on it. Commissioner Hedlund was concerned with open ending and the applicant using it for another purpose which has happened in the past. He thought some kind of time limit should be placed on it. Doesn't think they should have a standing approval. Mike Miller asked Donna Butler if some of the parameters are circumscribed by the State Mining and Reclamation Act. Don't they have to do this in a certain period of time, and put a bond guaranteeing that. Donna Butler replied that the State Mining and Reclamation Act requires that a reclamation plan be filed, but does not believe it has to be done within a certain period of time. We do have a bond currently that we Arcadia City Planning Commission 10/12/93 Page 7 are holding so that they will begin reclamation in a timely manner. The State Mining and Reclamation Act also requires that we reassess that amount and we will be doing that, and that amount may be increased to accomplish this task. We do not have a time limit set here, it is the intent of the property owner to get this started as soon as possible. Commissioner Hedlund added that one of his concerns is that Rodeffer could sell the property and as far as he understands the use goes along with the property. He doesn't feel with this kind of zoning that the use should go with the land and not have some starting time and some completion time. Mike Miller asked that with a Conditional Use Permit don't they have to act within a year. Donna Butler replied, yes. Amato stated that the next Resolution 1504 , on page 4 , item b, (The Draft E1R should address what the potential impacts might be if the proposed landfill operates longer than 12 years.) that in regards to this he agrees with Commissioner Hedlund and would like some kind of starting time and completion time. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Amato to adopt Resolution 1503. ROLL CALL: AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark NOES: None RESOLUTION 1504 MOTION A resolution of the Planning Commission of the City of Arcadia, California, expressing the Commission's comments to the City Council on the Draft Environmental Impact report for Conditional Use Permit 92-003 a propose Inert landfill at 12321 Lower Azusa Road. It was moved by Commissioner Hwang, seconded by Commissioner Daggett to adopt Resolution 1504. ROLL CALL AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark NOES: None. RESOLUTION 1505 MOTION A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit 93- 007, for a tutorial school at 556 Las Tunas Dr. It was moved by Commissioner Amato, seconded by Commissioner Huang to adopt Resolution 1505. ROLL CALL AYES: Commissioners Amato, Daggett, Hedlund, Huang, Clark NOES: None. AUDIENCE PARTICIPATION None Arcadia City Planning Commission 10/12/93 Page 8 MATTERS FROM COUNCIL Councilman Lojeski discussed the items which were on the Council's last meeting. He discussed the presentation by Michael Freedman. After seeing the display of the sidewalk lighting which was set up right out side the Council Chambers there was some concern about design /style. More choices will be presented to the Council in the future. He said that 8 or 9 specialties will be involved in the process most of which are local firms, so it seems to be a real community effort. There was discussion regarding the armory and future uses. MATTERS FROM COMMISSION None MATTERS FROM STAFF Donna Butler spoke about the City of Arcadia's Building and Planning will be submitting a proposal to the City of Temple City to possibly provide Building and Planning services. Currently the City of Temple City is contracting with the County. ADJOURNMENT Adjourned at 9:40 p.m. to November 23,1993 I-r i. e- retary, Arcadia ' Commission Arcadia City Planning Commission 10/12/93 Page 9