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HomeMy WebLinkAboutItem 3MINUTES ARCADIA PLANNING COMMISSION Tuesday, October 25, 2011, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 25, 2011, at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Baerg presiding. PLEDGE OF ALLEGIANCE Chairman Baerg led the Pledge of Allegiance. ROLL CALL PRESENT: Commissioners Baderian, Beranek, Parri Ile, and Baerg ABSENT: Commissioner Chiao MOTION It was moved by Commissioner Perrille, seconded by Commissioner Baderian to excuse Commissioner Chiao from the meeting. Without objection the motion was approved. OTHERS ATTENDING Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Assistant Planner, Nick Baldwin Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Two letters, both relating to Item 1, were distributed to the Commissioners. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON - PUBLIC HEARING MATTERS — Five - minute time limit per person There were none. PUBLIC HEARINGS 1. OAK TREE REMOVAL PERMIT NO. TRH 11 -05 130 W. Longden Ave. and 123 W. Birchcroft St. Ms. Linda Lee The applicant is requesting an Oak Tree Removal Permit for two healthy Coast Live Oak trees that are located on the common rear property line. RECOMMENDATION: Conditional Approval Assistant Planner, Nick Baldwin, presented the staff report. Commissioner PerriIle asked if a survey of oak trees within 500 feet of the property had been conducted. Mr. Baldwin said there was no survey but that on a recent site visit he noticed an oak tree in the neighbor's yard overhanging the applicant's rear yard. Chairman Baerg noted that the allergy test results were dated April and asked when the application for removal of the oak trees was first filed. Mr. Baldwin said the application was originally filed in August. Chairman Baerg pointed out that there was a four month delay between the allergy tests and filing of the application. Chairman Baerg said that the first letter from the applicant's pediatrician did not mention life - threatening conditions but the following letter did. He asked what triggered the second letter. Mr. Baldwin explained that staff asked Dr. Chava for further explanation as to some of the statements made in the first letter. Chairman Baerg asked if the property owner to the west with the Oak tree that overhangs the subject property, had been contacted. Mr. Baldwin said that he has had no contact with that property owner. Chairman Baerg asked Mr. Baldwin if he was aware of any plans for a pool or block wall fence at the site. Mr. Baldwin said he had not been told of any plans for a pool or fence. The Public Hearing was opened. Chairman Baerg asked if anyone would like to speak in favor of this project. Ms. Linda Lee, the applicant, explained that she filed the application out of concern for her children. She said that both boys are suffering severe allergic reactions and that she has had to send them to her mother's home for the present. Commissioner PerriIle asked if the children were taking medication. Ms. Lee said that the boys have inhalers and that they are experiencing nose bleeds and swollen faces and that the symptoms are very severe. Commissioner PerriIle asked the ages of the children and Ms. Lee said they are 5 and 6 years old. Commissioner Perri Ile noted that a neighbor reported seeing the boys playing in the yard without experiencing any allergic symptoms. Ms. Lee said that the symptoms can occur at any time and that she has tried to clean up her yard to reduce symptoms. Commissioner Parrille asked if the boys had this type of reaction before moving to Arcadia and Ms. Lee said they had not. Commissioner Baderian pointed out that there are many oak trees throughout the city and asked Ms. Lee how she would prevent contact with them. Ms. Lee said she doesn't know what will happen when the boys go to school but that she wants to prevent contact in the back yard. Chairman Baerg asked if anyone wanted to speak in opposition to this project. Ms. Betsy Caputo, the neighbor directly across the street from the property to the rear of the applicant, said she and her family have been living in their home for 45 years. She said that PC MINUTES 10 -25-11 Page 2 as a mother and grandmother, she sympathizes with Ms. Lee but she asked, if the children are really in jeopardy, is it wise to remain in the City. Ms. Caputo pointed out that every time the boys are outdoors, they will be exposed to oak trees, for example; at school, the library, etc. She said that the removal of mature oak trees in the applicant's yard will not solve the problem but may set a damaging precedent for removal of oak trees. Chairman Baerg asked if the applicant would like to speak in rebuttal. Mr. Kevin Lee, the husband of the applicant and the boys' father, said that he understands that the City of Arcadia protects oak trees but that the trees have become burdensome for his family. Mr. Lee assured the Commissioners that he is aware that his children cannot avoid all oak trees but he feels that they should be free of them where they live. Mr. Lee said that it is not reasonable to expect those who suffer this problem to leave the city and that they have good reasons to remain where they are. Commissioner Baderian asked if a doctor had recommended any medication for relief of allergic symptoms the boys were experiencing. Mr. Lee said the doctor has provided them with allergy pills, a nebulizer and epinephrine for injection. Commissioner Baderian asked if the doctor had indicated that removal of the two trees in question would reduce future reaction. Mr. Lee said that any oak trees can trigger a reaction so why not eliminate the trees where you live. Commissioner Baderian asked if the boys experienced allergic reactions prior to moving to Arcadia. Mr. Lee said that the boys had asthma and allergies since they were babies but that the symptoms are much more severe since moving to Arcadia. MOTION It was moved by Commissioner Beranek, seconded by Commissioner Baderian to close the Public Hearing. Without objection the motion was approved. Commissioner PerriIle expressed sympathy for the family but said he was concemed about setting an unwanted precedent with the removal of these trees. He stated that since this case could have citywide implications, he felt it should be referred to the City Council. Chairman Baerg said that it was not clear how removal of these trees would help the situation since there will still be lots of oak trees nearby. He noted that this would be the first time that allergies have been used as the basis for removing oak trees and he expressed concern about the precedent that would be set. Commissioner Beranek agreed with Commissioner Perrille and Chairman Baerg. He said that he couldn't see how removal of these two trees would solve the problem and that he too is concemed about setting a precedent. Chairman Baerg asked if the matter could be directly referred to the City Council to avoid incurring filing fees for the applicant. Mr. Kasama said that it could be directly referred to Council from the Planning Commission. Commissioner Beranek suggested that the Commission should indicate their stand on the matter to the City Council. Mayor Pro Tem Harbicht said that he will appeal the case to the City Council so no cost will be incurred by the applicant and no paperwork will be required. PC MINUTES 10 -25-11 Page 3 MOTION It was moved by Commissioner Baderian, seconded by Commissioner Beranek to deny Oak Tree Removal Permit application No. TRH 11 -05 subject to the conditions in the staff report. ROLL CALL AYES: Commissioners Baderian, Beranek, Parrille and Baerg NOES: None ABSENT: Commissioner Chiao There will be a five (5) working day appeal period following the Planning Commission's decision. Appeals are to be filed by 5:30 p.m. on Tuesday, November 1, 2011. Chairman Baerg called a recess to allow Ms. Lee an opportunity to regain her composure. The meeting was resumed and Chairman Baerg called for order. CONSENT ITEM 2. RESOLUTION NO. 1843 A Resolution of the Planning Commission of the City of Arcadia, Califomia, . approving Conditional Use Permit No. 11 -12 for the Arcadia Presbyterian Church to operate a music school in the existing education building and library at 121 Alice Street, and to convert a counseling center back into a single - family residence for church staff or church ministries at 700 S. First Avenue. There will be a five (5) working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Tuesday, November 1, 2011. 3. RESOLUTION NO. 1844 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. 11 -15 for a 900 square -foot hair salon within an existing one - story building at 120 S. First Avenue. 4. MINUTES OF OCTOBER 11, 2011 RECOMMENDATION: Approve MOTION It was moved by Commissioner Parrille, seconded by Commissioner Baderian, to adopt Resolutions No. 1843 and 1844 and to approve the minutes of October 11, 2011, as submitted. ROLL CALL AYES: Commissioners Baderian, Beranek, Parrille and Baerg NOES: None ABSENT: Commissioner Chiao PC MINUTES 10 -25-11 Page 4 There will be a five (5) working day appeal period after the adoption of the Resolutions. Appeals are to be filed by 5:30 p.m. on Tuesday, November 1, 2011. MATTERS FROM CITY COUNCIL & PLANNING COMMISSION Mayor Pro Tem Harbicht said that he is concemed about the future of Santa Anita Race Track. He noted that the Planning Commission recommended approval of a streamlined application process for events at the track and that the current management is developing a new marketing plan encouraging a variety of projects. However, Mr. Harbicht noted, the situation is fluid and should it become necessary, the City should be ready with ideas for altemate uses of the property. Mr. Harbicht noted that State Redevelopment funds are essentially frozen and we are awaiting the results of a Redevelopment Agency Association suit to determine the future of the program. In any case, there will be no new redevelopment activity for at least the next few months. Commissioner Baderian asked Mr. Harbicht for the status of the search for a new City Manager. Mr. Harbicht said that he and Councilman Kovacic had been appointed as a subcommittee to interview search firms and they have selected Bob Murphy & Associates. They met with Mr. Murphy and discussed the requirements of the position. Mr. Harbicht said they expect it will be about three months until a decision is reached and an additional month before the new City Manager can report. In the meantime, he pointed out that the current City Manager, Don Penman, has agreed to continue on a part-time basis to help smooth the transition. MODIFICATION COMMITTEE AGENDA Chairman Baerg reported that the Modification Committee reviewed three items this morning including a six -foot block wall and gate, demolition of a one -car garage to be replaced by a new two -car garage, and rear yard coverage modification to accommodate a new, detached two -car garage. All items were approved. MATTERS FROM STAFF & UPCOMING AGENDA ITEMS Mr. Kasama announced that, at present, there are no items scheduled for the next two meetings and he will advise the Commissioners of the upcoming schedule. ADJOURNED ATTEST: Secretary, Planning Commission 7 :40p.m. Chairman, Planning Commission PC MINUTES 10 -25-11 Page 5