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HomeMy WebLinkAboutAUGUST 26, 2008 Amok MINUTES ARCADIA PLANNING COMMISSION , 377) Tuesday, August 26, 2008, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, August 26, 2008 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with Chairman Beranek presiding. PLEDGE OF ALLEGIANCE Commissioner Parrille led the Pledge of Allegiance. ROLL CALL: PRESENT: Commissioners Hsu, Parrille and Beranek ABSENT: Commissioners Baderian and Baerg MOTION: It was moved by Chairman Beranek, seconded by Commissioner Hsu, to excuse Commissioners Baderian and Baerg from tonight's meeting. The motion passed by voice vote with none dissenting. OTHERS ATTENDING City Councilman Gary Kovacic Community Development Administrator Jim Kasama Senior Planner Lisa Flores Associate Planner Tom Li Senior Administrative Assistant Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama pointed out letters received and revisions to certain resolutions regarding items 3, 4 and 8 that had been distributed to each Commissioner. 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 None PUBLIC HEARINGS 1. MODIFICATION NO. MP 08-04 715 South Old Ranch Road Andy Cao (contractor) The applicant is requesting a Modification to allow a 5'-0" northerly side yard setback in lieu of the minimum 15'-0" required for a water heater and 100 square-foot bathroom addition to an existing legal nonconforming building on an R-3 zoned lot. Mr. Kasama presented the staff report for Associate Planner Steven Lee. Commissioner Parrille asked if the addition was currently under construction and if the applicant had been issued building permits. Mr. Kasama said that it was currently under construction, but that the applicant had not applied for permits. The work was done illegally and Building Services has determined that it must be redone. The owner of the property, Mr. James Chen, and the contractor for the project, Mr. Andy Kao, offered to answer questions on the project. Mr. Chen stated that his only objective was to provide benefits for the existing tenants. Commissioner Parrille asked Mr. Chen if approval of this Modification would result in an increase in the number of bedrooms in the house. Mr. Chen said it would not. Commissioner Beranek asked Mr. Chen if he had considered putting the addition on the south side of the building, which would be within the required setbacks and therefore, would not require a Modification. Mr. Chen explained that he placed the new addition to make use of established water lines. Commissioner Hsu asked Mr. Chen if he had seen the staff report and Mr. Chen said that he had not. Commissioner Hsu asked Mr. Chen if there was another location for the water heater if the Modification was denied. Mr. Chen said if the addition is approved he will consider using the existing water heater or finding a new space for a water heater in the back yard. The public hearing was opened. Mr. Alphonso Perez, a neighbor of the proposed project site, displayed pictures of the existing construction and explained that the pictures showed substandard workmanship on the existing building. He said a patio was converted to a room and then attached to the house and the work did not conform to regulations. He further stated that the property is not properly maintained and that there is a fire danger from the venting on the water heater. Commissioner Hsu asked Mr. Perez for clarification of his statement, i.e., he asked if the addition does not meet regulations, or if it is the existing building that does not meet regulations. PC MINUTES 8-26-08 Page 2 Mr. Perez said that the existing room was not built to code and did not pass an inspection. In addition, the new framing does not meet standards and the new framing is only 26 inches from the property line. Mr. Rob Mathias, another neighbor, said that he agrees with Mr. Perez. He asked the Commissioners not to approve the proposed construction where setback requirements are not met. Mr. Mathias said that previously the owner had established a common laundry area for the tenants under a "lean to" which may be the enclosed patio. He also noted that construction was conducted in the evenings and on weekends and he asked the Commissioners to insist on adherence to all regulations. Chairman Beranek offered the applicant an opportunity for rebuttal. Mr. Chen said that work had begun on the project approximately four or five months ago, but that there was no work being done after dusk. He said if the project is not approved he will remove what has been constructed. MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu to close the public hearing. Without objection the public hearing was closed. Commissioner Hsu asked if the applicant would be required to bring the entire structure up to standards. Mr. Kasama explained that only the addition would be addressed unless hazards were found which would require correction. MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to deny Modification No. MP 08-04. ROLL CALL: AYES: Commissioners Hsu, Parrille and Beranek NOES: None ABSENT: Commissioner Baderian and Baerg There is a five working day appeal period from the date of the decision. Appeals are to be filed by September 4, 2008. 2. CONDITIONAL USE PERMIT NO. CUP 08-07 411 West Huntington Drive, #201 and#203 Angie Cho of Vision 21 (lessee) The applicant is requesting a Conditional Use Permit to operate an art tutoring and college preparation center in an existing commercial office/retail building. PC MINUTES 8-26-08 Page 3 RESOLUTION NO. 1778 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 08-07 for an art tutoring and college preparation center at 411 East Huntington Drive, Units #201 and#203. Associate Planner Tom Li presented the staff report. Commissioner Hsu questioned the number of parking spaces planned and Mr. Li said that the official number is 428. Commissioner Parrille asked if this number included subterranean and second story parking. Mr. Li confirmed this. The public hearing was opened. Ms. Mary Kim represented Angie Ko, the applicant and offered to answer questions on the project. Chairman Beranek asked if the applicant had reviewed the staff report and would comply with all conditions and Ms. Kim said they would. Ms. Patsy Ma represented the property owner. She said that Vision 21 Art School has four locations in Los Angeles County and the site has ample parking. Commissioner Parrille asked if the applicant anticipated any problems with overflow parking from the Soup Plantation Restaurant. Ms. Ma explained that there were signs restricting parking at the west entry and a security guard who patrols from 10:00 am to 8:00 pm. Chairman Beranek asked if there was anyone who wished to speak in opposition to the project. None MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu to close the public hearing. Without objection the public hearing was closed. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Parrille, to approve Conditional Use Permit No. CUP 08-07 subject to the conditions in the staff report and adopt Resolution No. 1778. PC MINUTES 8-26-08 Page 4 ROLL CALL: AYES: Commissioners Hsu, Parrille and Beranek NOES: None ABSENT: Commissioner Baderian and Baerg There is a five working day appeal period after the adoption of the Resolution. 3. CONDITIONAL USE PERMIT NO. CUP 08-09 107 West Huntington Drive, Unit H Dana H. Lewis (Lessee) The applicant is requesting a Conditional Use Permit to operate a tutorial center with a capacity of 20 students in an existing general office building. Associate Planner Tom Li presented the staff report. Chairman Beranek asked Mr. Li if he had visited the site, and Mr. Li said he had. The public hearing was opened. Ms. Dana Lewis, the lessee, offered to answer the Commissioners' questions. Commissioner Parrille asked if the building was fully leased. Ms. Lewis said they had a recent vacancy but otherwise, it is full. Chairman Beranek asked if Ms. Lewis had seen the staff report and would comply with the conditions. Ms. Lewis said she had read and understood the staff report and conditions of approval and would comply with them. Chairman Beranek asked if there was anyone who wished to speak in opposition to the project. None MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Parrille to close the public hearing. Without objection the public hearing was closed. MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to approve Conditional Use Permit No. 08-09 subject to the conditions in the staff report and adopt Resolution No. 1779. PC MINUTES 8-26-08 Page 5 ROLL CALL: AYES: Commissioners Hsu, Parrille and Beranek NOES: None ABSENT: Commissioner Baderian and Baerg There is a five working day appeal period after the adoption of the Resolution. 4. CONDITIONAL USE PERMIT NO. CUP 08-10 12336 Lower Azusa Road William Chan (business owner) The applicant is requesting revisions to a previously approved Conditional Use Permit (CUP 06-16/City Council Resolution No. 6593 and Planning Commission Resolution No. 1768) for a badminton club (d.b.a. Arcadia Badminton Club). The Planning Commission is being asked to eliminate the condition prohibiting tournaments and the conditions requiring the presence of a uniformed security guard and electronically-controlled access to the building after daylight hours. The Commission will also consider the applicant's request to extend the club's operating hours to 1:00 a.m., Monday through Thursday, and to 2:00 a.m. on Fridays and Saturdays. Mr. Kasama presented the staff report for Assistant Planner Steven Lee. The public hearing was opened. William Chan and Scott Chan, owners of the Badminton Club, said they received copies of the letters in opposition to their proposed project today. They said they were not aware of the neighbors' concerns regarding parking. Commissioner Hsu asked if Messrs. Chan had read the staff report and conditions of approval and they said they had. Mr. Chan commented that they were basically the same as before. Mr. Chan said they had some trouble with the requirement to lock the back door but they had hired a security guard immediately after the last review. Commissioner Hsu asked which recommendation they did not agree with. Mr. William Chan said that they would very much like to hold tournaments at their club and he explained the benefits of participating in tournaments for the individual as well as for the club. Mr. Chan said the electronically-controlled access is impractical. They have a person at the front desk, but the lighting makes it hard to see who is at the front door when they are closed. Chairman Beranek asked if anyone would like to speak in opposition to the project. Mr. Joe Sposato of All Star Fire Equipment, a neighboring business, said that he had a few additional comments on the letter he sent in opposition to the project. He expressed disappointment that it took the applicant six months to provide a security guard. During PC MINUTES 8-26-08 Page 6 that six month period, Mr. Sposato said that in several instances he had to meet with Mr. Chan to arrange to have cars moved from All Star's parking spaces. He noted that the security guard has done a good job of regulating parking during the week. However, Mr. Sposato reported that on a recent Sunday he found all the All Star parking spaces filled and he had to park in a loading bay area. When asked, the manager of the club said that he was told that they could use all the parking spaces on weekends. Mr. Sposato corrected his misunderstanding. Mr. Sposato said that because the parking issue could easily get out of control, he is strongly opposed to having tournaments at the club. He also noted that there is no increase in the lighting in the parking lot as required by the original conditions of approval. He said he feels that increased lighting would be a deterrent to crime. He expressed his support for the club to date, and he recommended no changes to the original conditions of approval. Mr. Joe Selvo of Miracle Sealents, another neighbor, said that he also sent a letter of opposition. He pointed out that the industrial park was not designed for this type of use, and the Badminton Club management has never met all the conditions of approval. Mr. Selvo said that because this is not a separate property, but rather a complex, there is a huge issue with parking and traffic. He feels that the Badminton Club's use of the parking facilities is not fair to other tenants. Mr. Selvo stated his opposition to longer hours and tournaments at the club and to the possible elimination of the requirment for a security guard. Ms. Jill Hopper, Vice Presdient, All Star, expressed appreciation for the security guard. She said he is doing a great job and she feels the requirement for a guard should be retained. Chairman Beranek asked if the applicant would like to have an opportunity for rebuttal. Mr. Scott Chan said that since the Badminton Club has opened there has been no crime reported and that is why they are so confident that extending hours would not cause a problem. He also said that they wanted to hold tournaments only a few times each year and that they would be able to make an agreement with a county office nearby to use their parking facilities. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Parrille to close the public hearing. Without objection the public hearing was closed. Commissioner Parrille noted that the problems with the neighbors of the club are a concern and that trespassing could create future problems. He said he thinks the security guard is necessary. Commissioner Hsu stated his agreement. He said the applicant needs to maintain controlled access and the uniformed security guard. PC MINUTES 8-26-08 Page 7 Chairman Beranek said that he feels it is too soon to consider making changes to the original Conditional Use Permit. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to deny Conditional Use Permit Application No. CUP 08-10 and to direct staff to prepare the appropriate resolution for adoption at the next meeting. ROLL CALL: AYES: Commissioners Hsu, Parrille and Beranek NOES: None ABSENT: Commissioner Baderian and Baerg There is a five working day appeal period after the adoption of the Resolution. 5. TEXT AMENDMENT NO. TA 08-04 Twelve (12) Text Amendments are being initiated by the Development Services Department. A. Entry Requirements B. Accessory Buildings C. Driveways D. Corner Lots—Indentation/Projection Requirement E. Exterior Lighting in Single-Family and Multi-Family Residential Zones F. Equipment and Facilities G. Nonconforming Uses and Structures H. Fence Regulations in Residential Zones I. Prohibit Health Clubs in the M-1 and M-2 Zones J. Off-Street Parking Requirements for a Health Club K. Hours of Operation—Gardeners and Landscapers L. Additional Items to the Administrative Modification List 1. Setbacks for mechanical and plumbing equipment 2. Interior side yard setbacks for detached accessory structures (with the exception of guest houses/accessory living quarters) in the single-family zones 3. Rebuild of single-family dwellings Senior Planner Lisa Flores presented the staff report. Commissioner Hsu noted that there may be a conflict with the Building Code in regard to access around a water heater and he asked which code would prevail, i.e., Building Code or Zoning Code. Ms. Flores said the proposed regulations would apply only to tankless water heaters, and if the applicant cannot comply, they have the option of applying for a Modification Permit, but in any case the Building Code would prevail.. Commissioner Parrille said that he felt allowing gardeners and landscapers to begin work at 7:00 a.m. on Sundays in a residential neighborhood is not appropriate. He recommended starting at 9:00 a.m. on Sunday mornings and working until 5:00 p.m. PC MINUTES 8-26-08 Page 8 The public hearing was opened. There were no speakers. MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to forward the Commission's recommendations and comments on Text Amendment No. TA 08-04 to the City Council with an amendment to section 4630.2 to change work hours for gardeners and landscapers to 9:00 a.m. to 5:00 p.m. on Sundays. 6. TEXT AMENDMENT NO. TA 08-03 A Text Amendment to revise the single-family residential garage parking requirements. Associate Planner Tom Li presented the staff report. The public hearing was opened. Commissioner Parrille complimented staff on the fine work done on this Text Amendment. MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to approve Text Amendment No. TA 08-03 and forward the recommendation and comments to the City Council. CONSENT ITEMS 7. RESOLUTION NO. 1775 A Resolution of the Planning Commission of the City of Arcadia, California, approving Residential-Mountainous Development Permit No. RM 08-01 and Architectural Design Review for an open and uncovered hillside deck at 383 Torrey Pines Drive. Without objection, Resolution No. 1775 was approved by voice vote. 8. RESOLUTION NO. 1776 A Resolution of the Planning Commission of the City of Arcadia, California, approving Residential-Mountainous Development Permit No. RM 07-01, Tentative Parcel Map No. TPM 07-05 (69775), and Oak Tree Permit No. TR 08-04 for the subdivision and development of an approximately 83-acre property generally located north of the terminus of Vista Avenue and north and northwest of Canyon Road. Without objection, Resolution No. 1776 was approved by voice vote. PC MINUTES 8-26-08 Page 9 9. MINUTES OF AUGUST 12, 2008 Without objection, the minutes were approved as submitted. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Councilman Kovacic complimented staff on their work on the projects update. He also said that the Council has selected American Golf to continue operating the Par Three Golf Course and that negotiations continue with KARE Youth League on the possible purchase of a section of the Golf Course property. Mr. Kovacic noted that the last Council meeting was adjourned in memory of Tony Henrich, a long time Architectural Review Board Chairman for the Rancho Santa Anita Residents' Association. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille reviewed the actions of Modification Committee this morning on the five items on the agenda. FURTHER MATTERS FROM STAFF Mr. Kasama reviewed the upcoming agenda items and reminded the Commissioners that there will not be a meeting on September 9 and that the September 23 meeting will begin with a joint meeting with the City Council. He also said there is a request from a developer to purchase Winnie Way Park from the city. He explained that Winnie Way Park was surplus property from the original development, and a developer would like to add this land to an adjacent single-family residential lot to create two lots for new houses.. Commissioner Parrille asked if there will be a Modification Committee meeting on September 9 and Mr. Kasama confirmed that there will. ADJOURNED TO September 23, 2008 at 6:00 pm 8:35 p•m. /s/Jim Kasama Secretary, Arcadia Planning Commission PC MINUTES 8-26-08 Page 10