HomeMy WebLinkAbout10-25-11MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, October25, 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, Parrille, and Baerg
ABSENT: Commissioner Chiao
MOTION
It was moved by Commissioner Parrille, 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 Parrille 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.
In response to an email from the applicant's neighbor, 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 Parrille 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 Parrille asked the ages of the children and Ms. Lee said they are 5 and 6
years old.
Commissioner Parrille 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.
PC MINUTES
10-25 -11
Page 2
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
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 Parrille expressed sympathy for the family but said he was concerned 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 Parrille 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 concerned 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.
PC MINUTES
10 -25-11
Page 3
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.
MOTION
It was moved by Commissioner Baderian, seconded by Commissioner Beranek to deny Oak
Tree Removal Permit application No. TRH 11 -05.
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
RECOM MENDATION: 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
PC MINUTES
10 -25-11
Page 4
ABSENT: Commissioner Chiao
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
ATTESTS � %'!
, Planning Commission
7:40a.m.
Chairman, Planning Commission
PC MINUTES
10-25-11
Page 5