Loading...
HomeMy WebLinkAboutSEPTEMBER 15,1987 29:0285 COUNCIL MINUTES ARE TAPF RECOROED AND ON FILE IN THE OFFICE OF THE CITY CLERK 1 / INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL MINUTE APPROVAL (Sept.l, 1987) (APPROVED) ORD. & RES. READ BY TITLE ONLY CLOSED SESSION I, PUBLI C HEARING (Zone Variance V-87-2 - 1118-1120 Sixth Av.) (APPEAL DENIED) M I NUT E S CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING SEPTEMBER 15, 1987 The City Council and the Arcadia Redevelopment Agency met in a regular session, September 15, 1987 at 7:30 p. m. in the Arcadia City Hall Council Chamber. City Clerk Christine Van Maanen Councilmember Mary Young PRESENT: Councilmembers Chandler, Harbicht, Lojeski. Young and Gilb ABSENT: None On MOTION by Councilmember Young, seconded by Councilmember Harbicht and CARRIED, the Minutes of the Regular Meeting of September 1, 1987 were APPROVED. It was MOVED by Councilmember Chandler, seconded by Councilmember Young and CARRIED that Ordinances and Resolutions be read by title only and that the reading in full be waived. CITY ATTORNEY "The City Council and the Arcadia Redevelopment Agency met in a CLOSED SESSION pursuant to Government Code 54956.8 to give instructions to the City's negotiator regarding the ongoing negotiations with Rick Smith of Emkay regarding the North Side project area between Santa Clara and Huntington and Second and Third. Additionally, the Council and the Agency will be adjourning to a CLOSED SESSION at the conclusion of the regular meeting this evening to continue that discussion and also to discuss the ongoing negotiations with Messrs. Sturniolo and Driscoll concerning the Derby property on Huntington Drive." Consideration of an appeal of the Planning Commission denial of the zone variance V-87-2 for the removal of an existing single-family (1118-A S. Sixth Avenue) and its reconstruction on a non-conforming R-l lot containing three single-family dwellings at 1118, 11l8-A;and 1120 S. Sixth Avenue (Mr. and Mrs. Kevork Belikian, owners/applicants). Staff report presented. According to the file in the Building Depart- ment, the dwelling at 1118 S. Sixth Avenue (front dwelling) was constructed in 1926 and a garage was built in 1941. A service porch was added in 1951 to 1118 S. Sixth. In 1953 a second dwelling (1120 S. Sixth) with a garage was built at the back of the lot. There are no 9/15/87 -1- 29:0286 permits on file for a third dwelling (1118-A S. Sixth). It is the opinion of the Planning and Building Departments after a site in- spection that unit Number 2 (1118-A S. Sixth), which the applicant proposes to demolish and rebuild, was not originally built as a dwelling. This conclusion is due to the type of construction, ceiling height and lack of permits on file. The May 3, 1949 zoning ordinance '(760) and an April 6, 1954 amendment (878) permitted additional sing1e- family dwellings for lots zoned R-1. One dwelling was permitted for each full 7,500 square feet of lot area, but not more than three dwellings were permitted on anyone lot. On July 7, 1959 Ordinance 1060 was adopted which permitted additional single-family dwellings on R-1 zoned lots with an approved variance. If a variance were approved, lots with 18,750 square feet would be permitted two dwell- ings and a maximum of three dwellings on lots with 30,000 square feet or more. The present code permits only one single-family dwelling on a R-l zoned lot, which makes the lot non-conforming. Mayor Gi1b declared the hearing open and Sylvia Be1ikian, 3275 E. Orlando Road, Pasadena, the applicant, read her statement (on file in the Office of the City Clerk), that she and her husband had immigrated to this country in late 1976 and eventually came to purchase the property in question in 1978. The realtor from whom they purchased the property showed them a listing which described the property as a 3-on-a-lot parcel with R-l zoning. She felt they had been robbed of their rights. With reference to the middle building which was occupied by the same tenant for 10 years ... it is in need of renovation which would be almost as costly as the construction of a new building. As to the denial by the Planning Commission of their request for a variance, Mrs. Belikian stated further, in part, that they did not have knowledge of zoning definition and/or nonconforming buildings and she did not feel they should be denied their right of ownership and were therefore appeal- ing the decision to the City Council. She felt the situation is unique because the other two properties on the site are in good condition, well maintained with nice tenants who are worried about new tenants who would be willing to rent the house in its run-down conditon. Counci1member Harbicht explained that one of the conditions in granting a zone variance is that the property have exceptional circumstances and that the question before Council at this time is the number of dwellings on the property, not condition of the dwellings ... the property is in an R-l zone and only one dwelling is allowed, whereas the subject property has three. Councilmember Young also stated, in part, that the City has building codes and they had to be maintained in fairness to the other residents in the neighborhood ... it would not be fair to allow the applicant to tear down a house and replace it with a new home when other residents in the neighborhood were not even allowed to build another home on their property. 1 In response to an inquiry by Council member Chandler, staff advised that there were permits on file for two dwellings and a garage .. the third was apparently, at one time, part of the garage and was converted to living quarters which never should have been used as a rental.. it is non-confo,nming. Counci1member Chandler continued, in part, that perhaps the building in question should not remain ... it is a rather odd set-up with one common driveway for three houses and seems ridiculous that this appeal should have been requested. Kevork Be1ikian,one of the owners, asked how the Council would feel if each had dlscovered that what they thought they had purchased was not the case and wondered what they could do about the situation. The City Attorney said this would be a matter between the Be1ikians and their attorney regarding a remedy; the City has laws and rules which must be applied in considering such a variance; that the applicants are here for a variance not for remedies they may have against some other party because of possible misrepresentation. 1 9/15/87 -2- 1 - 1 2. 3. 4. 4,a. ROLL CALL 4b. MINUTE APPROVAL (Sept. 1,1987) (APPROVED) 29:0287 No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilmember Chandler, seconded by Councilmember Lojeski and CARRIED. Councilmember Lojeski stated, in part, that he had sat in on this matter when it was considered by the Planning Commission and that no new evidence had been presented at this hearing. He visited the site and neighborhood and noticed that this property is the only one with three houses '" two had two each and all the rest have one dwelling. To approve the requested variance would set a real detrimental precedent in the R-l zone. It was then MOVED by Councilmember Lojeski, seconded by Councilmember Chandler and CARRIED on roll call vote that the request be DENIED and that staff be directed to prepare the appropriate resolution incorporat- ing the Council's decision and findings in support of the decision. Prior to taking the roll call vote, Councilmember Harbicht stated: "The testimony that you are robbed of your assumed rights n and' I think the important word there is 'assumed'.. no one is robbing you of any true rights. You assumed you had some rights. That's not the case ... for twenty years now multiple dwellings have not been permitted in an R-l zone and that was long before you purchased the property. When zoning is changed, either a piece of property is rezoned to a different, stricter zone or the zoning law is changed which outlaws certain things that were permitted before; then often what happens is what is called a legal, non-conforming use which allows the existing use to continue, but also as part of that, is that we don't allow additions to those dwell- ings because our long-range goal is to have 'that piece of property brought into conformance. And the way it is brought into conformance is that two of those dwellings come down. And that is why the law is set up not to allow additions to those dwellings or future improvements on it and so we are not taking anything away from you ... nothing has changed in the time that you have had this property. And apparently you made some assumptions and maybe you were mislead by someone, but it certainly wasn't by the City of Arcadia. The City lays out 1) what the zoning is which is contained on the paper you passed around from the multiple listing book and what is allowed in that zoning is con- tained in the City code. It is a public record available to anyone. We haven't changed that since you have had this property and so, while I sympathize with your situation, the fact remains that we have to go along with what the law says and unless there is some extraordinary, extenuating circumstance, we really can't deviate from that. So, I don't intend to deviate; I intend to support thenmotion." Councilmember Young and Mayor Gilb also were in support of the motion to deny. AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb None None AUDIENCE PARTICIPATION None CITY COUNCIL RECESSED IN ORDER TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY PRESENT: ABSENT: Members Chandler, Harbicht, Lojeski, Young and Gilb None On MOTION by Member Young, seconded by Member Harbicht and CARRIED, the Minutes of the Meeting of September 1, 1987 were APPROVED. -3- 9/15/87 4c. SALE OF SURPLUS CITY LAND (APPROVED) 10 ;T q" ?' ~ 4d. DESIGN REVIEW (5 W. Huntington Dr. ) (APPROVED) 'J-o.. 1- " / ' r,(\ I, ,< ~ \d- 4e. ADJOURNMENT 29:0288 The City owns a small amount of land in two dedicated corner cuts at East Huntington Drive and the recently vacated South Fourth Avenue. This land is part of the proposed South Side (Stanley W. Gribble & Associates) development approved by both the Agency and the City Council on May 6, 1986. The Public Works Department has determined that the corner cuts are surplus land and due to their small size and unusual shape, the corner cuts have only nominal value to the City. Staff recommended their transfer at no cost from the City to the Agency. The Agency Special Counsel advises such transfer is legally acceptable and the Agency will pay any expenses related to the transfer. It was MOVED by Member Lojeski, seconded bY0Member Harbicht and CARRIED on roll call vote as follows that the City Council find the ' two corner cuts are surplus and AUTHORIZE their transfer by Grant Deed to the Arcadia Redevelopment Agency at no cost; that the Arcadia Redevelopment Agency pay all expenses to the transfer of the property as described in the Map (attachment "1" to lteportl dated September 15, 1987) and the Legal Description (attachment "2" to report dated September 15, 1987) and AUTHORIZE their transfer to Arcadia Gateway Centre Associates, Ltd., and, that the City Council and Redevelopment Agency AUTHORIZE the City Manager and Executive Director, respectively" to execute all documents related to the transfer, subject to approval as to form by the Agency Attorney. ( (SEE PAGE 5, ITEM 6c.) 1 AYES: NOES: ABSENT: Members Chandler, Harbicht, Lojeski, Young and Gi1b None None Staff report presented. Applicant proposes to convert the existing Mobil Gas Station office into a snack shop and add two signs to the facade advertising'the snack shop and express lube service bays. Chairman Gi1b stated this is not a pub1ic,hearing but representatives of the applicant are present to answer questions. Member Harbicht inquired of staff what exactly was being decided tonight. Staff replied it was the design only; the Conditional Use Permit request will come before the Planning Commission at a later date. Design review is , conditioned upon the Conditional Use Permit. , < (" In response to Member Lojeski's inquiry about landscaping, staff replied there was more square footage in the planter area and would be permanent. Chairman Gi1b inquired if this was still going to be a gas station. Staff replied it was. Member Young inquired about the rear setback; if they were going to move the gas station? Staff replied the existing code is 20' setback; but the existing station is already built at 5' setback. Member Young also inquired why some of the plant- ing areas were deleted. Staff replied that, according to code, these should be planting areas, but there is no room for these planters. There would be small bushes and flowers with color. It was MOVED, by Member Harbicht, seconded by Member Lojeski and CARRIED on roll call vote as follows that the design review for 5 W. Huntington Drive be APPROVED subject to conditons 1 through 5 of staff report dated September 15, 1987. 1 AYES: NOES: ABSENT: Members Chandler, Harbicht, Lojeski, Young and Gi1b None None The meeting adjourned to 7:00 p. m., October 8,1987. 9/15/87 -4- 5. 6. 6a. HEARING SCHEDULED (G.P. 8701) 1 (Oct.8,198?) 6b. FINAL MAP . TRACT 44525 p. (402-406 California St.) I 6c. SALE OF I SURPLUS CITY PROPERTY 6d. WORK ('" ACCEPTED r/./ (Street f \ Lighting Job Nos. 616 & 617) 6e. WORK ACCEPTED (L ighting - 0 Alley IS' ilob No. Y 623) 29:0289 CITY COUNCIL RECONVENED CONSENT ITEMS SCHEDULED for October 8, 1987, a public hearing on the matter of amending Arcadia General Plan Land Use Element at 660 W. Camino Real (Application of Ralph Rittenhouse, owner). APPROVED the final map of Tract No. 44525 for a proposed 12-unit residential condominium project at 402-406 California Street, subject to the condition that before this final map is recorded, all out- standing conditions of approval must be complied with. (Yue Wing Choi, owner/developer) Sale of surplus City land (corner cuts) to Arcadia Redevelopment Agency and then to Arcadia Gateway Centre Associates (Stanley W. Gribble & Associates). (PLEASE SEE PAGE 4 FOR ACTION TAKEN ON THIS LAND SALE.) ACCEPTED and AUTHORIZED final payment pursuant to the terms of the contract with Raymor Electric for the replacement of 98 antiquated street lights and underground conduit. This project is funded by Community Development Block Grant Funds. ACCEPTED and AUTHORIZED final payment pursuant to the terms of the contract with A.E.C. Eagle Rock for the installation of ten energy- efficient lights and underground conduit in the first alley south of Huntington Drive from Santa Anita Avenue to Second Avenue. This project is funded by Community Development Block Grant Funds. .. 6f. WORK ACCEPTED and AUTHORIZED final payment pursuant to the terms of the ACCEPTED ~contract with Doug Martin Contracting Co. for slurry seal of certain (Slurry ~/ streets listed in report dated September 15, 1987. The final contract Seal - ~\~ amount of $73,726.80 was funded by State Gas Tax Funds for public Job r streets. 10% retention payment becomes due and payable 35 days No.626) after the recordation of Council acceptance and will only be released by the Director of Public Works on completion of all corrections of record. 169. WHEELCHAIR RAMPS j BID CALL (Job No. 619) 6f. CO-SPONSOR BY CITY OF HISTORICAL SOC. FUND- 1(1~ RAISER &1) . ('\J.~ ~. APPROVED plans and specifications and AUTHORIZED the City Clerk to advertise for bids for construction of wheelchair ramps at various locations. This authorized by Resolution No. 5325. The project consists of a total of 42 wheelchair ramps. This project is categori- cally exempt from the requirements of the California Environmental Quality Act. The project will be funded from accumulated SB 821 funds in the amount of $31,000. APPROVED co-sponsorship and application of City insurance coverage to Historical Society event scheduled at 291 Foothill Blvd. on September 20, 1987. (The owner, H. Frankfurt is making his home available. ) 9/15/87 -5- . 7b. ' V DISABILITY \)11~ Disability Retirement Review - Scott Fi~ley. Councilmember Lojeski: REVIEW ~'. '0 "Based on review of the 'record', I MOVE to ADOPT the decision and (SCOTT '\\....)(\ findings of the Hearing Officer", seconded by Councilmember Young FINLEY) IX/I and CARRIED on roll call vote as follows: (HEARING OFFICER FINDINGS ADOPTED) 7. 7a. RESOLUTION / NO. 5372 v (ADOPTED ) 8. 9. LOJESKI 29:0290 ALL OF THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCIL- MEMBER LOJESKI, SECONDED BY COUNCILMEMBER CHANDLER AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb None None 1 C !TY ATTORN EY The City Attorney presented, explained the content and read the title of Resolution No. 5372, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND PEDESTRIAN FACILITIES AUTHORIZED UNDER SB 821' and designating a bicycle and pedestrian facilities project". It was MOVED by Councilmember Lojeski, seconded by Councilmember Harbicht and CARRIED on roll call vote as follows that Resolution No. 5372 be and it is hereby ADOPTED. AYES: NOES: ABSENT: Councilmembers Chandler, Harbicht, Lojeski, Young and Gilb None None Councilmember Lojeski inquired if this would commit the City to the plan laid out by the Rotary Club. Staff replied that it would not -- it just approves the concept. The project has to have a label in order to apply for the funds. Staff noted that a meeting was held with Councilmember Harbicht and the Director of Public Works on this subject. Councilmember Lojeski also said he was endorsing the bicycle lanes, but wanted to make sure they were making best use of the funds for bicycle lanes in the community. The City Manager advised that this will be back before Council with regard to the specifics of the program. AYES: NOES: ABSENT: Counc il members None None Chandler, Harbicht, Lojeski, Young and Gilb 1 MATTERS FROM STAFF None MATTERS FROM ELECTED OFFICIALS Referred to a communication from the City Manager of Irwindale requesting cooperation and support with regard to the Los Angeles County Board of Supervisors. They feel this is vital to the success of their project to build a Raiders' stadium. Councilmember Lojeski inquired if Council should get into this? Mayor Gilb said, in part, that he did not want to get into it, but inquired about the feelings of the rest of the Council... if they wished to get into the matter on an individual basis? He did not think it was a Council matter because of lack of knowledge about financing, etc., other than it is a popular request. He would not like to use the Council to put pressure on the Board of Supervisors to do somthing that possibly is not in the best interest of all of the citizens and he doesn't know what that is. Councilmembers concurred. 9/15/87 -6- YOUNG YOUNG 1 CHAMOlER GILB YOUNG YOUNG GILB 1 29: 0291 The Arcadia Beautiful Commission is interested in finding out if there were some way they could find out about the availability of State or Federal funds which might be available for the beautifica- tion of the City. They would like to be able to obtain such funds, but have no way of knowing what, if anything, is available. They wish to get involved in beautifying the City: Has had a number of calls regarding variance~ being given on remodel- ing jobs and new houses where they were asking for a two foot or 5 foot variance on setbacks. In general, the citizens feel that we are down- grading the City by giving so many variances, She agrees with this. He has also had telephone calls and there se~ms to be a general belief that all of these big homes, the two-story homes, are getting in because of modifications. That is not really the case. When variances are given it is usually just a matter of common sense -- perhaps not to stop a property owner from developing his proper.ty for a matter of a foot or so of property. This is becoming a hysteria that is spreading. He did not feel that either the Planning Commission or the Council were giving away the farm. There are changes occurring in the City ~- money is being invested in big, sometimes lavish, homes; older homes are being remodeled and sometimes change is painful. It brings about emotional feelings. But generally these large houses are in line with the City Codes. We cannot legally stop progress. Council is not in the business of handing out variances and modifications and people need to know this. Mayor Gi1b said he did not agree. He observed, in part, that Counci1- member Young was referring to setbacks which have been rett~~ed from 25 feet to 10 feet, to 5 feet, to 2 feet, etc. This results in the houses being too close to the property line ... nothing wrong with the quality of the houses ... they are just too close to the property lines. Counci1member Young said also there is a great deal of concern about rear yard setbacks, where people have added a family room, etc. Instead of the 25 foot setback, some have gotten down to as little as 10 feet. She has had a lot of calls about that sort of thing. Reminded everyone about the Constitution Bicentennial Picnic Thursday evening, September 17 on the west lawn of the City Hall and invited everyone. City Council adjourned to a CLOSED SESSION, reconvened and Mayor;-Gilb adjourned the meeting in memory of Raymond D. Godfrey who passed away last Friday at Arcadia Methodist Hospital. He was a 35-year resident of Arcadia. Ray was a former member of the City Planning Commission in 1967. He joined the Personnel Board in 1969 and served on the Board for about eleven years. As a matter of fact, Lyle Cunningham was on the Board with him for many years and I served on the Board in 1969-70. Ray was off for a while and we reappointed him and he was a Personnel Board Commissioner at the time of his death. He was very active in the Little League organization when it was first organized in Arcadia -- he was a coach and was quite interested. He was 78 years old and was born in Indiana, I think it was Vincennes, ,,,' Indiana, in 1909 and came to California in 1936. He attended the University of California for a while. He is survived by his wife, Margaret; a daughter, Mary Ann Bridgeway; a son, Eric; a sister, Hazel Godfrey and two grandchildren, Eric and Kelley. Ray was a great friend of the City and a great supporter of this community. He was a real supporter of the school system, the City Government, Santa Anita and all the thin9s that were really for the community. -7- 9/15/B7 29:0292 He was a horse owner and he enjoyed going to the horse races. He owned horses and stables for many years. Memorial service was last Friday at the Arcadia Presbyterian Church. Contributions to Arcadia Methodist Hospitai in lieu of flowers. ADJOURNMENT (Oct.8,1987 7:00p.m.) Council adjourned to a CLOSED SESSION at 8:30 p. m., reconvened and 1 adjourned immediately thereafter at 9:15 p. m. to 7:00 p. m., October 8, 1987 in the Conference Room to conduct the business of the Council and Agency and any Closed Session, if any, necessary to discuss personnel, litigation matters and evaluation of properties. ~- -, . ATTEST: !2f~~~. Christine Van Maanen, C,ty'Clerk ----- 1 9/15/87 -8-