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HomeMy WebLinkAboutJULY 12, 2005 MINUTES Ems`g ��A Arcadia City Planning Commission Tuesday,July 12,2005 7:00 p.m. in the Arcadia City Council Chambers PLEDGE OF ALLEGIANCE The Planning Commission of the City of Arcadia met in regular session on Tuesday, July 12, 2005 at 7:00 p.m. in the Arcadia Council Chambers of the City of Arcadia, at 240 W. Huntington Dr. with Chairman Lucas presiding. ROLL CALL: PRESENT: Commissioners Hsu, Lucas, Olson, Wen, Baderian ABSENT: None OTHERS ATTENDING Community Development Administrator Donna Butler Planning Services Manager Corkran Nicholson Associate Planner Tom Li Assistant Planner Andrew Gonzales Senior Administrative Assistant Silva Vergel PLANNING COMMISSION REORGANIZATION Commissioner Olson nominated Commissioner Lucas as Chairman. MOTION It was moved by Commissioner Olson, seconded by Commissioner Baderian to nominate Commissioner Lucas as Chairman. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None Chairman Lucas thanked his fellow Commissioners and asked if there were any nominations for Chairman Pro Tem. MOTION It was moved by Commissioner Baderian to nominate Commissioner Wen as Chairman Pro Tem. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None MOTION: It was moved by Commissioner Olson, seconded by Commissioner Baderian to read all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice vote with none dissenting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Butler indicated page 1 of the report for the zone change was revised, with minor corrections. Also, two letters were distributed regarding the proposed architectural design review text amendment. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS (5 MINUTE LIMIT PER PERSON) None 1. PUBLIC HEARING CUP 2005-13 100 E. Foothill Blvd. Andrew Babakhanlou Consideration of a conditional use permit for a 750 sq. ft. fast food eating establishment. Resolution No. 1732 A Resolution of the Planning Commission of the City of Arcadia, California, approving CUP 2005-13 for a 750 sq. ft. fast food eating establishment at 100 E. Foothill Blvd. The staff report was presented. In reply to a question by Commissioner Baderian, Mr. Li said that a parking survey was not requested of the applicant,but based upon staff's observations, there is ample parking available. The public hearing was opened. No one spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Olson to close the public hearing. The motion passed by voice vote with no one dissenting. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None Arcadia City Planning Commission 2 7/12/5 "IOW MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve CUP 2005-13 subject to the conditions in the staff report and adopt Resolution No. 1732. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None Chairman Lucas noted that there is a five working day appeal period. Appeals are to be filed by July 19tH 2. PUBLIC HEARING Z 2005-03 253 E. Foothill Blvd. Rich Development Co. Consideration of a zone change from PR-1 to C-2 for a portion of the property approximately 95' from the northerly property line measuring 200' wide and 60.5' deep for a commercial retail project. The staff report was presented. In reply to a question by Commissioner Hsu, Mr. Li indicated that the building height for the proposed Walgreen's is 22'. The Planning Commission is considering the zone change tonight. All other issues with respect to development will be considered at a later date. The public hearing was opened. Tab Johnson, 23456 Madero St., #230, Mission Viejo, said they have been working with staff on this issue. A similar zone change request was before the City Council previously, however, they understood the project, they wanted more study done on it. They feel that the proposed Walgreen's is designed well and will put the main activity of the use in the front of the property between the proposed building and Foothill Blvd., which is especially important during the evening hours and weekends. Most of the activity will be screened from adjacent residents. It is their intent to heavily landscape the area abutting the residences, which will protect them from noise, glare and any light. They feel that this is a much better solution than the current Shakey's restaurant that has a liquor license and sits in very close to the rear property line. This development will be much more user friendly than a restaurant with a full service bar. It would be poor planning to move the building closer to Foothill Blvd. and push the parking to the rear of the building. Sue Miyahara, 15 E. Foothill Blvd., presented a letter from Mr. And Mrs. Kenichi Noda, owners of the property to the east of the subject site. The letter in part stated that since they have owned their property, they have never received any complaints about noise or glare, considering that the fence to the property to the north is broken down and the existing foliage does not provide any sound barrier. They felt that the proposed project, which will be located over 100' away from the rear property line, has addressed all possible issues, including noise and light. The project will reduce traffic from the existing level and there will be no sale of liquor. Arcadia City Planning Commission 3 7/12/5 Jim Wright, 250 E Sycamore, said that they reside directly behind proposed project. He was confused about the property line measurements, i.e., the discrepancy between the agenda and the public hearing notice. He stated that they have filed a second petition in opposition to this request, signed by the homeowners in the surrounding neighborhood. They did not want this zone change to go through that would allow a drug store at the subject site. Many of the homeowners have lived in the area for a long time and do not want it changed because their's is a unique situation. The do not feel that extending the C-2 portion of the property would be to the best interest of the homeowners, albeit, it will accommodate this 24-hour business. They do not want a drive thru window facing the rear of their properties, nor do they want loading docks there, or portions of the building that will be even closer to their properties and protrude beyond the main building. Their property values will undoubtedly drop as a result of this development. There will be absolutely no benefit from this project for them, only hardship. At the previous meeting, it was mentioned that this building would be consistent with Ralph's but that is not true. They prefer to have an office building at the site, which would have minimal impact. Most of the residents utilize their backyard in the evenings and weekends. While an office use would cease operation at those times, it would be the peak time of use for this commercial operation. He asked the Planning Commission to keep the welfare of the community in mind when voting on the project. Michael Ruyl, 307 E. Foothill Blvd., said that his is a unique situation due to the configuration of his lot. This use will definitely impact his property values. It will ruin his views. He was concerned about the headlights, which would shine right into their properties as well as the glare. The sound wall is not high enough to buffer the sound. They will feel the vibrations and it will be uncomfortable to live in their homes. The zone change should be done from the most southerly residential property. If this is approved, trucks would be much closer to their properties than the current situation. In rebuttal, Mr. Johnson said they realized the concerns raised by the neighbors and that is why they have a 20' landscape buffer. It is their intent to screen the buildings from the backyards of these properties so they will not be visible. Currently, there is chain link fencing there but they will be planting more landscaping which will create a park like setting. The issues raised are well founded but they will work with staff to resolve the concerns. They feel that this is a well planned project and will provide many benefits to the community that is currently not available. This would be a much more desirable use than a full size restaurant. No one else spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to close the public hearing. The motion passed by voice vote with no one dissenting. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None Ms. Butler explained that it is not definite that Walgreen's would occupy this space, so if they back out another use could occupy the space. The Planning Commission needs to review the zone change only and determine if the zone change is appropriate rather than what retailer may occupy the space. She Arcadia City Planning Commission 4 7/12/5 went on to say that the maximum building height in the C-2 zone is 40' and explained that there are design limitations when abutting residential use. For example, an office building cannot have windows facing the residential properties. Walgreen's is proposing a single-story building. The Shakey's building is within the PR-1 zone. If the zone change is approved, any project at this site would require architectural design review and possibly a CUP depending on the use. For example, a drive thru would require CUP. Through the CUP process, the Planning Commission could impose reasonable conditions that they deem necessary. Commissioner Baderian felt that at the previous hearing, it was the intent of the Planning Commission to move forward with the proposed zone change. This body is concerned about the surrounding neighborhood and their quality of life and will afford them the opportunity to have input during subsequent hearings. They will take any and all mitigation measures to reduce noise and traffic. Commissioner Olson was pleased that they would have the opportunity to review the architectural design review and that the project would require a CUP, where they could impose additional conditions if necessary. This would give them the opportunity to determine the best use for the site. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Baderian to recommend approval of Z 2005-03 to the City Council. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None 2. PUBLIC HEARING TA 2005-04 Consideration of a text amendment adding regulations to the City's Architectural Design Review regulations (9295 et seq.) requiring design review for single-family residential uses and adopting related design guidelines. The staff report was presented. In answer to a question by Commissioner Hsu, Ms. Butler said that a cost analysis has not been prepared determining application costs. The public hearing was opened. Chip Ahlswede, 601 S. First Ave., Arcadia Assoc. of Realtors, said that they did not submit a letter in favor of the proposed text amendment. Commissioner Olson remarked that he received an e-mail from the title company, that received the letter from the Board. Mr. Ahlswede explained that this was an internal e-mail intended to inform the members of the proposal and not intended as their approval for the change. He explained that he is the Director of Government Arcadia City Planning Commission 5 7/12/5 Affairs and feels there would be many consequences to this text change and that it would be detrimental. The design review process would make it more difficult to obtain permits and it is just a lot of "red tape". This will scare off contractors as well as buyers who want to move into the area, who will then move to the surrounding communities that do not have these types of rules. He felt this is redundant, especially, since the City will not approve anything that is inconsistent with the neighborhood. He asked what costs would homeowners and the City incur as a result of this legislation? Without a doubt, there will be a decline in permits and fees to the City, resulting in loss of revenue and property taxes. This will have a detrimental affect on property values, where values will not appreciate as rapidly. It is not the right time to put this burden on citizens of the City. There will be a lot of unintended consequences with unexpected negative results. In reply to a question by Chairman Lucas, Mr. Ahlswede said that currently homeowners have an option of living in areas of the City that have architectural design review but this would eliminate that option. This would place additional constraints. Kelvin Wong, 315 Danimere, said that this would make it more difficult for homeowners to construct. It takes away property rights. They should be able to construct a home, as long as they comply with the building requirements. This would have a negative impact on families with limited income. Randall Traw, 1675 Via Campa, La Verne, President of the Arcadia Board of Realtors, did not feel that these regulations would be good for the community. These would hinder all sellers and hurt them financially because it will be harder to sell the homes. People generally do not move on a whim and when they decide to, time is of the essence. Many times people have to do minor improvements to their home, as a result of home inspections and to require them to go through this process will be detrimental to the sale of a home and they will be unable to comply with the time limitations. These new regulations would have to be disclosed such as the costs involved for improvements, and the waiting period and this will cause the purchasers to seek homes elsewhere. They would be creating a situation where the city will be unfairly stigmatized as unfriendly due to the lengthy time required to improve homes and the unreasonable delays involved. This process will increase the escrow times. California law provides 17- days to cancel an offer but with this process the 17-days will not be enough. He wondered who would be policing non-compliance and who would be responsible for determining if the exterior upgrades are permitted? The addition of another employee to the City will be costly. The potential negative impact would far outweigh the benefits. Ms. Butler explained that painting would not be subject to architectural design review, although, it needs to be compatible with the neighborhood. However, the City will have the authority to address this issue if a home is painted an outlandish color. The architectural design review will be for improvements that require a building permit. Mr. Traw remarked that this process would cause undue delays for homeowners, thus, requiring them to extend the inspection period. Iry Ton, 77 W. Las Tunas, Arcadia Board of Realtors, said that although he supported the City's efforts. He went on to say that there is a shortage of homes in the State. In California, the supply of homes is low but the demand is high and this legislation will compound that issue because more regulations make it more difficult. The ability to purchase will be diminished. This would create a situation where children will not be able to live in the same city as their parents because they cannot afford the homes. When people purchased their homes in the areas of the City that currently have Homeowners Arcadia City Planning Commission 6 7/12/5 Associations they were made aware of that fact. But these regulations are being placed on innocent homeowners who purchased their homes under the pretense that there is no Homeowners Association. This will decline property sales and values and people will move to where there are less restrictions. He asked if the City is trying to create a homogeneous community? By placing these regulations, thus adding time and cost, the City will in essence be placing a moratorium on development and the general appeal of the City will decline. He also read two letters that they received from homeowners who were against the proposal. Ivan Yeung, 1306 S. Fourth, did not feel that the City should control what people do with their homes. It is the property owner's rights to improve their property and chose a design of their choice. He agreed with the City's attempts to make things consistent but people should have the freedom. Larry Rovarino, 57 W. Camino Real, said that he has seen a great many changes in the past couple of decades, such as very large homes being constructed next to very small ones. He felt that cities have a tendency to repeat themselves. The City would be spending tax payer's money and he felt that the residents of Arcadia need a break. No one else spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Olson to close the public hearing. The motion passed by voice vote with no one dissenting. Ms. Butler explained that a number of small repairs can be done over the counter without any delays. For example, changing of fascia boards, roof repairs, window change outs or termite repairs. For items that do require architectural design review, staff will have 30 working days to review a project. Most people do not submit for major additions while they are in escrow, thus, there really should be no escrow delays. However, many buyers will come in and inquire about what they can and cannot do. She did not believe that this would have any impact on people wanting to buy in the City. The intent of the architectural design review is to ensure compatibility of development in the neighborhood and not having something that is completely out of character. The City does not want homogenous developments. Currently, staff does not perform architectural design review on homes in areas of the city that do not have these guidelines because staff does not have the authority to do so. While staff does look at design of the homes, they can only make suggestions but there is no guarantee that the homeowner will conform. The proposed regulations will provide guidelines where there are none existing. If this is approved, plans would need to go through architectural design review prior to being submitted for plan check; which is the same procedures as homes in Homeowners Association areas. She indicated that fees have not been established yet. Commissioner Baderian thought that it is important to be as inclusive as possible. The Planning Commission has been in favor of a process that will add to the quality of life in the City. He thought that staff should meet with the realtors and explain the process to them. Chairman Lucas wondered if the same type of procedures that are currently utilized by the Homeowners Associations could be used? Arcadia City Planning Commission 7 7/12/5 iiimaimmemenow Ms. Butler replied that this process is not requiring the notification of any neighbors, whereas, in the current Homeowners Associations this is a requirement. In the Homeowners Associations, an Architectural Review Board member reviews the plans but in the city proposal staff would be conducting the review. The time frame would be the same as the current Homeowners Associations, although, staff does not anticipate that all projects will take the full 30-working days to review. In answer to questions by Commissioner Baderian, Ms. Butler indicated that the new guidelines will be posted on the website. The city also has other methods of informing the residents of the new guidelines, such as the Quarterly Newsletter, The Hot Sheet, press releases and advertisinginn the water bills. In addition, staff will notify the various Homeowners Associations as well as the Arcadia Board of Realtors. There is no deadline to have the guidelines in place. A tentative public hearing has been scheduled before the City Council at their first meeting in September. Chairman Lucas indicated that in order to maintain the community, standards have to be set forth for all to follow. He thought that a general set of architectural design guidelines for residential properties is an essential step toward that goal. Everyone's input during this process is extremely important. Commissioner Olson said that staff has done a good job and he appreciated the input from the audience. He did not think that this will decrease property values or delay escrow. He suggested that the fees would be minimal and felt that $300-$400 would not have a negative affect on a transaction. He thought this was a positive step. Commissioner Hsu thanked staff for preparing this comprehensive plan, which he did not consider very restrictive and allows for creativity and does not stifle style. He viewed the guidelines as a tool for the City to minimize bad development. Commissioner Baderian supported the guidelines and wanted to move forward with it. He strongly suggested to staff to hold meetings with the realtors, developers, architects and contractors and get their input and feedback. He wanted to see the results of this meeting prior to forwarding the commissioners recommendations to City Council. Commissioner Wen agreed, especially since there is no set deadline. He felt that input would be helpful. He thought it would be better to delay this rather than rushing into it. Commissioner Olson concurred. He was interested in seeing the result of the proposed meeting. Chairman Lucas suggested having this come back to the Planning Commission on September 13th Don Penman, Assistant City Manager/Development Services Director suggested continuing the hearing to avoid having to re-notice the public hearing. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Olson to continue the public hearing to September 13, 2005. ROLL CALL: Arcadia City Planning Commission 8 7/12/5 AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None CONSENT ITEMS 4. TIME EXTENSION Requesting a 6-month time extension for CUP 2005-05 and ADR2005-60 to construct an approximate 26, 900 sq. ft. mixed-use project featuring eight residential units and 10,767 sq. ft. of commercial space at 306-310 S. First Ave. Ms. Butler presented the staff report. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Olson to grant a six- month time extension. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None 5. MINUTES OF 6/14/5 RECOMMENDATION: Approve MOTION: It was moved by Commissioner Olson, seconded by Commissioner Baderian to approve the Minutes of 6/14/5 as published. ROLL CALL: AYES: Commissioners Baderian, Hsu, Olson, Wen, Lucas NOES: None MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Council Member Marshall announced the upcoming events. Commissioner Olson mentioned that if any of the other Commissioners would like to serve on the Modification Committee, he would step down, although, he likes serving as Chair and would not mind continuing to do so. He announced the passing of a former business partner, Chris Bade, who was a long time developer in the City and said that he is survived by his wife, Diane, three children and Pat, his mother. Arcadia City Planning Commission 9 7/12/5 ummorimmompoommum ask Commissioner Wen congratulated the City Council on the July 4th fireworks and hoped that this will become an annual event. MODIFICATION COMMITTEE MEETING ACTIONS None MATTERS FROM STAFF 1. CITY COUNCIL ACTIONS 2. PLANNING COMMISSION AGENDA ITEMS Ms. Butler indicated that staff had received a request by Westfield to contact and meet with each Commissioner. After a short discussion, it was decided that all communication be done through staff and/or they meet with them as a group. ADJOURNED TO 7:00 P.M. AUGUST 9, 2005 9:30 p.m. /s/Donna Butler Secretary, Arcadia Planning Commission Arcadia City Planning Commission 10 7/12/5