HomeMy WebLinkAbout3-27-12MINUTES
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, Parrille and Baerg
ABSENT: None
OTHERS ATTENDING
Assistant City Manager /Development Services Director, Jason Kruckeberg
City Attomey, 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, Califomia, approving
Conditional Use Permit No. CUP 12 -02
RECOMMENDATION: Conditionally approve Conditional Use Pemiit 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 Parrille 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 Attomey'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.
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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.
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MOTION
It was moved by Commissioner Baderian, seconded by Commissioner Parrille 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, Parrille 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.
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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
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people may be living in RVs that are parked in driveways. Mr. Murphy did not express any
concern 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 Parrille, 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, Parrille and Baerg
NOES: None
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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
ATTEST:
ry, Planning Commission
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C airman, PI nin
8:05 p.m.
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