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HomeMy WebLinkAboutItem No. 5 - 7-25-17 PC Minutes ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES Tuesday, July 25, 2017 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER - Vice Chairman Chan called the meeting to order at 7:00 p.m. in the Arcadia Council Chamber. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Commissioners Chiao, Lewis, Thompson, and Chan ABSENT: Chairman Lin It was moved by Commissioner Lewis, seconded by Commissioner Chiao to excuse Chairman Lin from the meeting. Without objection the motion was approved. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS A copy of a Settlement and Tolling Agreement relating to Agenda Item No. 2 was distributed to the Commissioners. Staff also emailed a copy of the Agreement to the Commissioners prior to the meeting. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 1996 – Approving General Plan Amendment No. GPA 17-01, Zone Change No. ZC 17-01, and Zoning Map Amendment with a Categorical Exemption under the California Environmental Quality Act (CEQA) from Commercial to Low Density Residential for the properties located at 303, 305, 307, and 309 E. Foothill Boulevard Applicant: Vince Law, Yen-Kuang Lee, Tony Ou, and Jing R. Zhong Recommended Action: Adopt Resolution No. 1996 and Recommend Approval to the City Council Planning Services Manager, Lisa Flores introduced the item and turned it over to Assistant Planner, Vanessa Quiroz who presented the staff report. Vice Chairman Chan opened the Public Hearing and asked if the applicant would like to speak on this item. One of the four property owners, Mr. Vincent Law responded. Vice Chairman Chan asked if anyone else would like to speak in favor of the item. No one responded. Vice Chairman Chan asked if there was anyone who would like to speak in opposition of the item. 2 7-25-17 No one responded. MOTION – PUBLIC HEARING It was moved by Commissioner Chiao, seconded by Commissioner Lewis to close the public hearing. Without objection, the motion was approved. MOTION It was moved by Commissioner Chiao, seconded by Commissioner Thompson to adopt Resolution No.1996 – Recommending approving of General Plan Amendment No. GPA 17-01, Zone Change No. ZC 17-01, and Zoning Map Amendment to the City Council, based on the findings listed in the staff report, including that the project is Exempt under the California Environmental Quality Act (CEQA). ROLL CALL AYES: Commissioners Chiao, Thompson, Lewis and Chan NOES: None ABSENT: Chairman Lin 2. Resolution No. 1999 – Approving revisions to Tentative Parcel Map No. TPM 09-08 (71182), Residential Mountainous Development Permit No. RM 07-01, and Oak Tree Permit No. TR 08- 04, with a Mitigated Negative Declaration and updated analysis for a two lot subdivision and grading for two single-family residences at 2111-2125 Canyon Road Applicant: Nevis Capital, LLC Recommended Action: Adopt Resolution No. 1999 and Recommend Approval to the City Council Planning Services Manager, Lisa Flores introduced the item and turned it over to Assistant City Manager/Development Services Director, Jason Kruckeberg and Associate Planner, Jordan Chamberlin who presented the staff report. Vice Chairman Chan opened the Public Hearing and asked if the applicant would like to speak on this item. Civil and Soils Engineer, Mr. Hank Jong of EGL responded on behalf of the Applicant. Vice Chairman Chan asked if anyone else would like to speak in favor of the item. The following people responded: Applicant, Mr. Scott Yang Certified Arborist, Mr. Jan Scow Vice Chairman Chan asked if there was anyone who would like to speak in opposition of the item. The following residents responded: 3 7-25-17 Ms. Karen Hanson responded. Ms. Hanson thanked staff for answering all of her questions throughout the years relating to the project. She expressed concerns with the the number of truck trips, who will monitor the construction for compliance, and questioned whether Oak Tree No. 219 will be removed. If the tree is proposed to be removed is the replacement ratio 2:1. Additionally, she felt the proposed homes are large and do not seem to fit in with the neighborhood and the crib wall is not an aesthetically pleasing option for this hillside property. Ms. Roberta Preskill responded. Regarding the hillside easement of parcel two she recalled that the applicant tried to donate it to the Boys Scouts, but they were not willing to take on the easement based on the maintenance it required. She was wondering if that is going to be a challenge if the buyer has to take on the responsibility of maintaining the hillside easement. Or what will happen if the buyer does not want that portion of land. Ms. Diana Supple responded. Ms. Supple requested clarification on the number of homes allowed on this lot, if parcel is an interchangeable term for lots, and expressed concerns with the stability of the hillside. She preferred the original proposal over the revised project. Mr. Kruckeberg addressed Ms. Supple’s questions and concerns. He explained that the terms parcels and lots are used interchangeably. The whole site is over 90 acres in size and there are two lots that are allowed a maximum of two homes. He provided clarification on the remainder portion of land on the larger lot. Regarding conservation of the remaining portion of land on the larger lot, as the applicant Mr. Yang mentioned there was a requirement with the previous iteration of this project that the remaining portion of the larger lot be gifted or given to a conservancy group. There were several groups that were reached out to including the Boys Scouts; however, there must be access to that portion of land in order for it to be usable space. Since there was no access to that portion of land there was no real usable space. That is one of the main reasons why none of the groups that the Applicant reached out to were willing to take on that land. There was hope that someone would take it on that portion of land to protect it in its natural state, but that did not happen. At this point there is no requirement that the portion of land be given up to a conservancy group. The buyer who purchases that lot will be responsible for maintaining the lot in its entirety. Vice Chairman asked if there was anyone else who would like to speak in opposition of the item. Mr. Donovan Levule responded. Regarding the anchors for the crib wall, it is his understanding that currently there are no real anchors in the hillside. He wanted to know where the Applicant was getting his information from regarding the crib wall. Mr. Roger Nemrava responded. He wanted to know if the 38 foot crib wall goes straight up or is it slanted. He mentioned that one of the reasons why the project was defeated last time was everyone was afraid of what would happen to the property if we had one major rainstorm. His concern is once the 38 f oot crib wall is constructed and when there is a large amount of rain, who will be responsible for the damage when those walls fall apart. He wanted to know will the developer pull a bond that will require the developer to protect the neighborhood forever. He suggested that one solution is to reduce the size of 4 7-25-17 the homes that way the hillside would not have to be disturbed by digging into it to create the larger homes. Ms. Lily Sabuni responded. Ms.Sabuni is concerned about the 377 trucks going up and down the hill for at least six months. This will create constant noise, and the vibrations to the homes in the surrounding neighborhood. Vice Chairman Chan asked if the Applicant would like to respond to the comments in opposition. The applicant Mr. Scott Yang responded. He clarified that there will only be 377 trucks trips which is a slight increase compared to the last proposal which included 355 truck trips. Civil and Soils Engineer, Mr. Hank Jong addressed the comments relating to the crib wall. He ensured the residents that the Engineer designing the wall will make sure the wall is stable and safe. Regarding the truck trips, he added that the truck drivers will not park their trucks in front of the residences and they will want to get in and out and as quickly as possible. Vice Chairman Chan asked Mr. Jong to address one of the resident’s questions regarding the water run-off on the wall. Mr. Jong explained that there will be a mechanism in place to collect the water run-off and it will be diverted to a pipe that will go down the hill. Inside the pad they will install sufficient catch basins and drainage pipes to collect all the water and divert it across the street and into the drainage channel. He added that they will not allow any water to overflow off the wall. Commissioner Thompson asked Mr. Jong how many crib walls has he designed and build. Mr. Jong stated that as a Soils Engineer he has provided several reports for these crib wall designs, but he is not a crib wall specialist. He described a recent project he worked on in Hacienda Heights where the crib wall was almost 30 feet high. Vice Chairman Chan asked the applicant to address two more questions that was raised by one of the residents in opposition of the project. One question was about the mature Oak tree outlined as No. 219 in the staff report and the other question was about construction management. Mr. Jong stated regarding construction management he believes the City building inspectors and code services staff does a good job ensuring the project construction is maintained and managed. Mr. Jan Scow addressed the concerns about Oak tree No. 219. He explained that it is a very large mature Oak tree that everyone wants to protect. It needs a lot of work in order to be preserved, but it is possible if the work is carried out per his arborist report. Assistant City Manager/Development Services Director, Mr. Kruckeberg added that there was a question and some confusion about which trees are being removed and which trees are being encroached upon. He asked Mr. Scow to discuss the 5 7-25-17 encroachment process. Mr. Scow explained that out of the three trees that are being removed two of the trees are located in the footprint of the house and the third one is in the front of the house and has to be removed due to significant grading. The rest of the tress has specified mitigation measures to protect them. Those measures are strict and need to be followed carefully and monitored. He believes if that is done properly the trees will be protected adequately and should survive without a problem. One thing to consider is that the project has been modified specifically for the benefit of the trees. MOTION – PUBLIC HEARING It was moved by Commissioner Chiao, seconded by Commissioner Thompson to close the public hearing. Without objection, the motion was approved. DISCUSSION Assistant City Manager/Development Services Director, Mr. Kruckeberg elaborated on the process of monitoring the conditions which was a question raised by Ms. Hanson. He explained that there will be staff from the engineering department and building department monitoring the conditions as well as specialists and inspectors especially for the crib wall there will be consultants from the City’s plan check firms monitoring that as well. So there would not just be one person monitoring the conditions and construction, there will be several people monitoring it. He emphasized the importance of the enforcement of those conditions. Commissioner Chiao had a few comments. His primary concern is the crib wall and he is more concerned about liability and enforcement on how we can maintain the land. In addition, there is an indemnity provision under paragraph 10 of the staff report that needs to be strengthened. He recommended that there be a Covenant, Conditions and Restrictions (CC&R) that is recorded requiring that the property owners would indemnify and hold harmless the City against any involved issues associated with liability that may result or arise from this property. In addition, in that CC&R there should be a contractual obligation for the fee owners to upon reasonable notice maintain the 90 plus acres or any portion thereof the property and further maintain adequate insurance and name the City as additional insured and provide the City with all the necessary evidence of insurance with coverage limits satisfactory to the City’s. Commissioner Thompson stated that the applicant said that this 377 truck trips is not a lot of trips compared to the large Mixed-Use project on Duarte Road and First Avenue which is supporting numerous condominiums and retail, but that is not a fair comparison. It is a lot of trips for a residential neighborhood. Based upon the amount of the soil to be removed and the capacity of the truck that is 377 truck trips each way. He suggested that a conservation easement be granted by the fee owner where the grantor is still responsible for maintenance of the land. Regarding design review, the modern architectural style does not fit with the neighborhood. It lacks articulation between the first and second floors. In addition, both homes have a flat roofline which is not compatible with the surrounding neighborhood. Regarding, mass and scale the Single- Family Design Guidelines indicate that the second floor should be smaller than the first floor to reduce mass and scale. Both of the proposed homes have second floors that are larger than the first floor thus not reducing the mass and scale. It is the complete opposite of what is suggested in the Single-Family Design Guidelines. In terms of neighborhood compatibility, one home is proposed to be 4,923 square feet and the other home is at 5,168 square feet which does not include garages or the large entry way. He researched the neighborhood and of the 26 homes surrounding the two proposed homes 6 7-25-17 the average home size is 2,890 square feet which is much smaller then proposed homes which are going to be side-by-side. He added that there is only one other home in the neighborhood that is larger than the two proposed homes and that home is just over 5,200 square feet. The large size of the two proposed homes will have a huge impact on the neighborhood. He requested that his comments be forwarded to the Architectural Review Board and the City Council. Commissioner Lewis agreed with Commissioner Chiao regarding the indemnification outlined in paragraph 10 of the staff report and would like his recommendation to be forwarded to the City Council. She stated that she is not in favor of hillside construction. Commissioner Thompson addressed her concerns regarding the second parcel and she is concerned about what in the future would preclude the land from being subdivided. In addition, she is in agreement with Commissioner Thompson’s recommendation especially regarding the conservation easement and would like his recommendation forwarded to the City Council as well. Commissioner Chan asked staff since there are a lot of concerns regarding truck trips, are there any requirements requiring street sweeping in order to minimize the dust. He also wanted to know if there has been any litigation in the City or any other City limiting the amount of truck trips allowed per day. City Engineer Mr. Phil Wray responded and explained that they are required to file a storm water prevention permit which includes a measure to keep debris on site, and they have to clean the streets if any debris spills onto the street. They have to adhere to that permit and the engineering department will inspect and monitor this throughout the construction process. Assistant City Manager/Development Services Director Mr. Kruckeberg addressed Commissioner Chan’s question regarding litigation relating to the truck trips. He stated that we typically set truck trips based on the hour of the day depending on the haul route. For example, it is taken into consideration if the route goes by a school or if it will take place during the rainy season which was taken into consideration for this project. Typically we do not want to elongate the grading period and if it can happen in three months during construction hours that is better for the neighborhood than allowing it to continue for six months. Assistant City Attorney Mr. Maurer addressed Commissioner Chan’s question regarding litigation. He stated that he is not aware of any litigation relating to limiting the amount of truck trips, but that does not mean there has not been any. Commissioner Chiao asked Assistant City Attorney Mr. Maurer a question relating to the litigation behind this project. Assistant City Attorney Mr. Maurer provided some background on the litigation. Assistant City Manager/Development Services Director Mr. Kruckeberg read the added conditions the Commission recommended to forward to the City Council. First, the addition of a CC & R or an additional restriction on the property that requires additional indemnification from the underlying property owners to also maintain the 89 acres, provide adequate insurance coverage to ensure long term maintenance, and to allow the City the right of entry to modify, fix and/or update drainage systems in the event of their 7 7-25-17 failure at the applicant’s sole expense. The second item is a conservation easement granted in favor of the City where the grantor is responsible for all maintenance of the property. In addition, draft the conservation easement over the majority of the 89 acres of the property to preserve that as a conservation easement rather than allow it for a future potential development opportunity. Lastly, to withhold approval of a side yard setback modification until such time as the final design review has been approved by the HOA Architectural Review Board. He added if there is a need for a setback modification at that time it will come back before the Planning Commission. Commissioner Chiao asked Mr. Kruckeberg with regard to the insurance requirement; he would like to add the City as an additional insured. Mr. Kruckeberg noted the addition. Assistant City Attorney Mr. Maurer made a note for the record that there may be other provisions in the Development Code, but Section 9105.01.060 authorizes the Commission to make the reference to the City Council. To help with the motion he recommend that the Commission refer the item to the City Council with the recommendation to approve Resolution No. 1999 adding a requirement for a CC& R or another restrictions on the property owners to maintain and insure the property with the City named as an additional insured, allow the City access to the drainage systems on the site for the purposes of repair and maintenance, to condition on the recording of a conservation easement to preserve the 89 acres that remain undeveloped to exclude the approval of the setback at this time until the final design review is complete. Commissioner Chiao asked Mr. Maurer to include additional language that it should be at the property owners’ expense if the City has to repair or provide maintenance on the drainage system. Commissioner Thompson requested to eliminate condition No. 13 requiring the planting of Acorn trees. Assistant City Attorney Mr. Maurer made a note of the proposed changes. MOTION It was moved by Commissioner Chiao, seconded by Commissioner Lewis to adopt Resolution No. 1999 – Recommending approval with revisions to the conditions of approval for Tentative Parcel Map No. TPM 09-08 (71182), Residential Mountainous Development Permit No. RM 07-01, and Oak Tree Permit No. TR 08-04, with a Mitigated Negative Declaration and updated analysis for a two lot subdivision and grading for two single-family residences at 2111-2125 Canyon Road as read by Assistant City Attorney Mr. Maurer. ROLL CALL AYES: Commissioners Chiao, Lewis, Thompson and Chan NOES: None ABSENT: Chairman Lin CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 3. Minutes of July 11, 2017, Arcadia Planning Commission Regular Meeting 8 7-25-17 Recommended Action: Approve MOTION It was moved by Commissioner Chiao, seconded by Commissioner Lewis to approve Consent Calendar Item 3. ROLL CALL AYES: Commissioners Chiao, Lewis, Thompson and Chan NOES: None ABSENT: Chairman Lin Council Liaison Beck requested that the section of “Matters from City Council Liaison” of the July 11, 2017, be revised to more accurately reflect his statement relating to betting at the Race Track. To clarify in the second to last sentence, he stated that some (not majority) number of people are placing bets on mobile devices. MOTION It was moved by Commissioner Chiao, seconded by Commissioner Thompson to approve Consent Calendar Item 3, the Minutes of the July 11, 2017 with the revision, to accurately reflect Council Liaison Beck’s statement. ROLL CALL AYES: Commissioners Chiao, Lewis, Thompson and Chan NOES: None ABSENT: Chairman Lin MATTERS FROM CITY COUNCIL LIAISON City Council Liaison Beck thanked the members of the public, the applicant, and Commissioners for taking the time to attend the meeting for their input and feedback relating to Agenda Item 2. He provided an update on redistricting and the Museum of Education Center will be named in honor of Floretta Lauber. At their next Council meeting, they will be taking action on the Parks and Recreation Master Plan and explore sales tax option as to whether the Councils should take an initiative to the voters. Last he mentioned that new high definition cameras were installed in the Council Chambers. MATTERS FROM PLANNING COMMISSIONERS Commissioner Chiao announced that he will not be present at the August 22nd meeting due to a scheduled vacation and he will no longer be a permanent resident in the City of Arcadia in about a month or two and as a result of that he will no longer be able to serve on the Commission. Everyone thanked him for his time and dedication to the City. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Michael Maurer did not have anything to report. 9 7-25-17 MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores reported that the Planning Commission reorganization is scheduled for the August 8, 2017 Planning Commission meeting. The upcoming items for the August 8, 2017 meeting are a three-unit subdivision and Conditional Use Permit for a massage business. ADJOURNMENT The Planning Commission adjourned the meeting at 9:26 p.m. to Tuesday, August 8, 2017, at 7:00 p.m., in the City Council Chamber at 240 W. Huntington Drive, Arcadia. Chairman, Planning Commission ATTEST: Secretary, Planning Commission