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HomeMy WebLinkAboutItem 7MINUTES ARCADIA PLANNING COMMISSION Tuesday, March 27, 2012, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, March 27, 2012, 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, Chiao, Perrille and Baerg ABSENT: None OTHERS ATTENDING Assistant City Manager /Development Services Director, Jason Kruckeberg City Attorney, Marco Martinez Community Development Administrator, Jim Kasama Associate Planner, Tom Li Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama directed attention to a letter related to Item 1 and introduced Mr. Marco Martinez, City Attorney. 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. CONDITIONAL USE PERMIT NO. CUP 12-02 401 E. Santa Clara Street — Extended Stay America Timothy B. McOsker of Mayer Brown, LLP — Representing HVM, LLC The applicant is requesting an amendment to Conditional Use Permit No. CUP 97 -002 (Arcadia Planning Commission Resolution No. 1545) to revise the operational conditions of approval. RESOLUTION NO. 1851 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 12 -02 RECOMMENDATION: Conditionally approve Conditional Use Permit No. CUP 12 -02 Mr. Kasama presented the staff report. Chairman Baerg asked how this Conditional Use Permit is related to the lawsuit. Mr. Kasama explained that the lawsuit has to do with the applicability of the City's transient occupancy tax and the condition requiring guests to re- register every thirty days. He said that this Amendment is proposed as a means of clarifying the requirement and resolving the lawsuit. Chairman Baerg asked if anyone would like to speak in favor of this project. Mr. Tim McOsker, of Mayer Brown, LLP, represented the applicant. He referred to his letter dated March 27, 2012, wherein he outlined his client's situation and stated agreement with most of the terms of the Amendment. He explained that the lawsuit filed against his client and the City alleges that the 30 -day re- registration requirement conflicts with Civil Code Sec. 1940.1 which is designed to protect tenancy rights after 30 days, but not to prevent compliance with Transient Occupancy Tax regulations. At this point, Mr. McOsker explained, no one knows if there will be any liability resulting from the lawsuit. However, his client is opposed to the indemnification condition included in the draft Resolution. He noted that when the original CUP was approved, approximately 15 years ago, indemnification was not required and, therefore, not included in the original conditions. Mr. McOsker explained that his client is agreeable to the application of an indemnification condition for the future, but not on a retroactive basis. Commissioner Chiao asked about the status of the litigation. Mr. McOsker explained that the lawsuit is in a very early stage and little has been done to date. Commissioner Chiao asked if Mr. McOsker expects that there will be additional plaintiffs, and Mr. McOsker said yes, but he couldn't predict how many. Mr. McOsker explained that the purpose of the proposed amendment is to modify the controlling document, which is the original CUP and that by doing so; the CUP would more closely conform to the Arcadia Municipal Code. Commissioner Beranek asked what is at the root of this suit, and Mr. McOsker explained that there is a collection of people who object to the requirement to pay the Transient Occupancy Tax after thirty days. Chairman Baerg asked if anyone would like to speak in opposition to this project. There were none. MOTION It was moved by Commissioner Baderian, seconded by Commissioner PerriIle to close the Public Hearing. Without objection the motion was approved. Mr. Martinez explained that the applicant accepted the conditions and benefits of the original Conditional Use Permit and that it is fair for the City to impose retroactive indemnification. He said there is also a clause stating that the City would be willing to consider another approach if a settlement is reached. However, at this point, the City Attorney's office recommends including the indemnification clause as drafted. Chairman Baerg asked if approval of the Amendment with all recommendations, particularly No. 10, would unilaterally impose the indemnification clause on the applicant. Mr. Martinez said that is correct, but that the applicant would have the option to appeal the decision to the City Council. PC MINUTES 3 -27 -12 Pape 2 Commissioner Chiao said that he also finds the retroactive indemnity clause to be a little strong, but that in looking forward, a standard indemnification clause would benefit the City. Chairman Baerg agreed, stating that he is not in favor of retroactive indemnification for the existing lawsuit but, would support a standard indemnification clause. Commissioner Beranek agreed. Commissioner Baderian suggested asking the City Attorney for a revision of Condition 10 of the Amendment regarding indemnification. He suggested reviewing the proposed revision at the April 24 Planning Commission meeting. MOTION It was moved by Commissioner Baderian, seconded by Commissioner Chiao to reopen the public meeting and continue Conditional Use Permit No. CUP 12 -02 to April 24, 2012. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, Parrille and Baerg NOES: None 2. MODIFICATION APPLICATION NO. MP 12 -01 AND SINGLE - FAMILY ARCHITECTURAL DESIGN REVIEW NO. SF ADR 12 -05 1305 S. First Avenue Sanyao International Inc., Architect The applicant is requesting a Modification for a 60' -0" front yard setback from First Avenue in lieu of the 73' -0" average of the adjacent properties as required by Code, and Architectural Design Review approval for a proposed 6,593 square -foot, two -story residence on an R -1 zoned lot. RECOMMENDATION: Conditionally approve Modification Application No. MP 12 -01 and Single - Family Architectural Design Review No. SF ADR 12 -05 Mr. Schwehr presented the staff report. Chairman Baerg asked if anyone would like to speak in favor of this project. Mr. Robert Tong, project designer, represented the applicant. He said the applicant is agreeable to all conditions and he offered to answer any questions the Commissioners might have. Chairman Baerg asked if anyone would like to speak in opposition to this project. There were none. MOTION It was moved by Commissioner Beranek, seconded by Commissioner Chiao to close the Public Hearing. Without objection the motion was approved. PC MINUTES 3 -27 -12 Paae 3 MOTION It was moved by Commissioner Baderian, seconded by Commissioner Perrille to approve Modification Application No. MP 12 -01 and Single - Family Architectural Design Review No. SF ADR 12 -05, subject to the conditions in the staff report. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, Perrille and Baerg NOES: None 3. MODIFICATION APPLICATION NO. MP 12 -03 1005 Hampton Road Wu Huang and Ying Hua (Property Owners) The applicants are requesting a Modification for an 18' -0" westerly side yard setback in lieu of 26' -6" required to convert an existing 2,000 square -foot attic space of an existing, two - story, 5,601 square -foot residence into second floor living space. The Rancho Santa Anita Property Owners' Association approved the architectural design of the subject proposal, which alters the exterior appearance of the building with the addition of eight (8) windows. RECOMMENDATION: Conditionally approve Modification Application No. MP 12 -03 Mr. Li presented the staff report. Chairman Baerg asked if the proposed Modification would change this house to a three story house. Mr. Li explained that there are three levels, but that is due to a slight grade change. The house will remain a two story house. Chairman Baerg asked if anyone would like to speak in favor of this project. Mr. Pei Wei, architect on the project, represented the applicants. He explained that this Modification will not change the appearance of the house and that his client has obtained the approvals of all his neighbors. He also noted that the applicants will comply with all conditions and offered to answer any questions the Commissioners might have. Chairman Baerg asked if anyone would like to speak in opposition to this project. There were none. MOTION It was moved by Commissioner Baderian, seconded by Commissioner Chiao to close the Public Hearing. Without objection the motion was approved. MOTION It was moved by Commissioner Beranek, seconded by Commissioner Baderian to approve Modification Application No. MP 12 -03, subject to the conditions in the staff report. PC MINUTES 3 -27 -12 Pape 4 ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, Parrille and Baerg NOES: None There is a five (5) working day appeal period after the approval /denial of the application. Appeals are to be filed by 5:30 p.m. on Tuesday, April 3, 2012. DISCUSSION ITEM 4. RV PARKING Discussion regarding parking regulations and exceptions for recreational vehicles in single - family residential zones. RECOMMENDATION: Recommend approval to City Council Mr.Kasama presented the staff report. Chairman Baerg asked if the Commissioners had any questions or comments. Commissioner Parrille asked about visitors parking RVs in driveways and noted that would be preferable to parking them in the street. He pointed out that Item 2 requires that the RVs are screened from view yet they are permitted to park in the driveway for 72 hours. Mr. Kasama explained that in the case of temporary, 72 hour parking, the screening requirement would not apply. Commissioner Parrille asked for clarification on Item 7 requiring parking on an approved paved surface only. Mr. Kasama explained that only a certain percentage of front yard can be paved and that no parking would be allowed on the lawn. Chairman Baerg pointed out that RV owners would need to make new arrangements for storage of their vehicles. He added that Items 6, 7 and 8 are acceptable but that the rest of the requirements could be covered under nuisance regulations. Commissioner Chiao stated that he favors the regulations adopted by the City of Glendora as well as the City of. Pasadena Ordinance requiring that the vehicle is moved every thirty days. However, he also expressed concern about the requirement for owners to rent storage space. Commissioner Baderian noted that Item 4 requires that the vehicle is registered to the home owner and he asked if a guest's RV could be accommodated. Mr. Kasama explained that regulations would allow for visitors but that Item 4 prohibits the homeowner from allowing storage of an RV because it is not permitted in the owner's home city or of renting driveway space for RV storage. Commissioner Baderian asked if these regulations would fall under the responsibility of Code Enforcement. Mr. Kasama explained that Code Enforcement Officers would respond to complaints with an official notice followed by a citation if the issue is not resolved within a specific time frame. Commissioner Parrille said that he spoke to Mr. Murphy, the resident who originally brought this issue to the attention of the City Council. He said that Mr. Murphy is concerned that PC MINUTES 3 -27 -12 Page 5 people may be living in RVs that are parked in driveways. Mr. Murphy did not express any concem with occasional visitors traveling in RVs. Chairman Baerg agreed that people shouldn't be allowed to live in RVs parked in driveways, but felt allowance should be made for visitors. He suggested permits might be granted for extended stays during the holidays. Chairman Baerg noted that he is in agreement with the items requiring RVs to be operable and prohibiting them from encroaching on the public right -of -way as these are safety issues. He said the items requiring RV owners to arrange for alternate storage requiring payment of monthly fees seem somewhat severe. Chairman Baerg said that regulation should be limited to quality of life issues and that RV ownership should not be made onerous. Commissioner Beranek said that he saw Mr. Murphy's presentation to the City Council and that Mr. Murphy seems to be concerned with vehicles that are not moved for months at a time. Commissioner Baderian asked if staff could revise their report incorporating the Commissioners' comments and concems. Mr. Kasama agreed that the item could be redrafted and added to a future agenda as a discussion item. Commissioner Chiao noted that during the holidays, overnight parking restrictions are not enforced by the City. He asked if that practice could be applied to RV parking as well. Chairman Baerg said that he would be in favor of that too. Mr. Kasama agreed that regulations on RV parking and street parking are suspended during the holiday season, but living in an RV on the street would still be prohibited at all times. Commissioner Beranek suggested a permit for visitor parking on the street on a temporary basis. Commissioner Baderian suggested reviewing the issue at the April 24 meeting after staff has had time to revise their report with the Commissioners' comments in mind. MOTION It was moved by Commissioner Perri Ile, seconded by Commissioner Chiao to continue this item to the April 24, 2012 meeting. Without objection, the motion was approved. CONSENT ITEM 5. MINUTES OF MARCH 13, 2012 RECOMMENDATION: Approve MOTION It was moved by Commissioner Beranek, seconded by Commissioner Chiao, to approve the minutes of March 13, 2012 as presented. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, PerriIle and Baerg NOES: None PC MINUTES 3 -27 -12 Pepe 6 MATTERS FROM CITY COUNCIL & PLANNING COMMISSION There were none. MODIFICATION COMMITTEE AGENDA Chairman Baerg reported that the Modification Committee approved an application for a reduced setback between buildings for a garage in the rear yard of a residence. MATTERS FROM STAFF & UPCOMING AGENDA ITEMS Mr. Kasama said that the April 10 Planning Commission will be cancelled because of the Municipal election and that the Commission will meet again on April 24 to review RV regulations and the Extended Stay America case. He also said that the City Council discussed land uses in the downtown area at their last meeting and requested an Ordinance that will replace prohibitions that had been put in place by the Redevelopment Agency. ADJOURNED TO APRIL 24, 2012 8:05 p.m. ATTEST: Secretary, Planning Commission Chairman, Planning Commission PC MINUTES 3 -27 -12 Pace 7