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HomeMy WebLinkAboutItem No. 3 - Ext. Req. 17-27 for TPM 14-07 at 130 S. First Ave DATE: December 12, 2017 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Tim Schwehr, Economic Development Analyst SUBJECT: Extension Request No. 17-27 for a second one-year extension to the approval of Tentative Parcel Map No. TPM 14-07 (72892) for a two-unit commercial condominium subdivision at 130 S. First Avenue Recommendation: Approve SUMMARY The applicant, Jason Zhang of Sun’s Residential Development LLC, is requesting a second one-year extension to the approval of Tentative Parcel Map No. TPM 14-07 (72892) for a two-unit commercial condominium subdivision at 130 S. First Avenue. A copy of the approved tentative parcel map is included as Attachment No. 1. The subdivision is consistent with the City’s General Plan, Development Code, and Subdivision Code. As a Minor Land Division, the proposal qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA). It is recommended that the Planning Commission approve the extension request. BACKGROUND Tentative Parcel Map No. TPM 14-07 (72892) was approved on December 16, 2014 in conjunction with Modification No. MC 14-04 and Architectural Design Review No. ADR 14-06 for a new 3,995 square-foot, two-story Art-Deco style office building at 130 S. First Avenue. A copy of the December 16, 2014 staff report, project plans, and meeting minutes are included as Attachment No. 4. The development is currently in the final stages of construction and approval of the Modification and Architectural Design Review remain active as part of the ongoing construction project. However, approval of the Tentative Parcel Map is only valid for 24 months from the original date of approval, and is not automatically extended by development construction. The Final Parcel Map must first be reviewed and approved by the Los Angeles County Surveyors office and then approved by the City prior to the 24-month expiration date. The applicant states that initially they had decided not to proceed with the condominium subdivision, and so did not follow through on the Final Map recordation process. In late 2016, they decided to proceed with the Final Map after all, at which time they filed for a one-year extension with the Development Services Department and were approved through December 16, 2017. A copy of the extension approval is included as Attachment No. 3. According to Extension Request No. 17-27 December 12, 2017 Page 2 Development Code Sec. 9105.03.120, the Development Services Director may grant one 12-month extension to the initial time limit, but any additional extensions require Planning Commission approval. On November 16, 2017, the applicant filed for a second one-year extension to the Tentative Parcel Map. A letter from the project engineer, included as Attachment No. 2 to this staff report, states that following approval of the previous extension they had intended to prepare and have the Final Map approved and recorded by the new deadline. However, a series of delays at various stages of the process has resulted in them being unable to complete the subdivision prior to the new December 16, 2017 expiration date. As such, they are requesting a second one-year extension from the Planning Commission to allow them to complete the Final Map approval and recordation. DISCUSSION To approve a second one-year extension, the Planning Commission must make the following findings: A. There have been no changes to the provisions of the General Plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the tentative parcel map; The subdivision and the project under construction remain in compliance with all requirements and provisions of the City’s Development Code and General Plan. B. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this Development Code apply to the project; Other than the ongoing construction for the new development at the subject property, the character of the site and surroundings have not changed since the Tentative Parcel Map was approved in December 2014. C. There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project. As a small two-unit commercial condominium subdivision, the project will not have any significant impacts on community resources. There have been no substantial changes to the capacity of these resources since the Tentative Parcel Map was approved in December 2014. The Tentative Parcel Map meets all of the requirements of the Subdivision Code and the required findings for an extension. Construction of the development project associated with this map has taken longer than originally anticipated, but it is anticipated Extension Request No. 17-27 December 12, 2017 Page 3 to be completed in spring of 2018. Final Map approval and recordation does not require that development construction be completed, and therefore the Final Map could have been completed within the original 24-month time period without the need for multiple time extensions. However, given that the Tentative Parcel Map remains in compliance with the City’s Subdivision Code, staff supports the applicant’s request for a second one-year extension to allow them to complete the commercial condominium subdivision. ENVIRONMENTAL ASSESSMENT This project, as a minor land division, qualifies as a Class 15 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15315 of the CEQA Guidelines. RECOMMENDATION It is recommended that the Planning Commission approve a second one-year (12 month) extension to the approval of Tentative Parcel Map No. TPM 14-07 (72892) for a two-unit commercial condominium subdivision at 130 S. First Avenue, and find that the project is Categorically Exempt under Section 15315 of the CEQA Guidelines as a minor land division. Tentative Parcel Map No. TPM 14-07 (72892) shall expire on December 13, 2018, unless a final map is recorded by this date. PLANNING COMMISSION ACTION Approval If the Planning Commission approves the extension, the Commission should move to approve Tentative Parcel Map No. 14-07 (72892), state that the proposal satisfies the requisite findings, as presented in this staff report. Denial If the Planning Commission denies the extension, the Commission should state the specific findings that the extension does not satisfy based on the evidence presented with specific reasons for denial, and move to deny Tentative Tract Map No. 14-07 (72892). If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the December 12, 2017, Planning Commission Meeting, please contact Economic Development Analyst, Tim Schwehr at (626) 574-5409, or tschwehr@ArcadiaCA.gov. Extension Request No. 17-27 December 12, 2017 Page 4 Approved Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Tentative Parcel Map No. 72892 Attachment No. 2: November 16, 2017 extension request letter Attachment No. 3: December 22, 2016 staff approval of one-year extension Attachment No. 4: December 14, 2014 staff report, attachments, & meeting minutes Attachment No. 1 Attachment No. 1 Tentative Parcel Map No. 72892 Attachment No. 2 Attachment No. 2 November 16, 2017 extension request letter Attachment No. 3 Attachment No. 3 December 22, 2016 staff approval of one-year extension Attachment No. 4 Attachment No. 4 December 14, 2014 staff report, attachments, & meeting minutes DATE: December 16, 2014 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director By: Jim Kasama, Community Development Administrator Tim Schwehr, Associate Planner SUBJECT: CALL UP/APPEAL OF THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF TENTATIVE PARCEL MAP NO. TPM 14-07 (72892), MODIFICATION NO. MC 14-04, AND ARCHITECTURAL DESIGN REVIEW NO. ADR 14-06 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW 3,995 SQUARE-FOOT, TWO-STORY, ART-DECO STYLE OFFICE BUILDING AT 130 S. FIRST AVENUE Recommendation: Affirm Planning Commission Decision SUMMARY At its November 12, 2014, meeting, the Planning Commission conditionally approved Tentative Parcel Map No. TPM 14-07 (72892), Modification No. MC 14-04, and Architectural Design Review No. ADR 14-06 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new 3,995 square-foot, two-story, Art-deco style office building that would be subdivided into two commercial condominium units at 130 S. First Avenue – see Planning Commission Resolution No. 1924 (Attachment No. 1). There was no public opposition to the project, and the one vote against the project was due to parking concerns. On November 18, 2014, Mayor Pro Tempore, Gary Kovacic called up for review the Planning Commission’s decision. The proposed project is subject to approval of a Tentative Parcel Map to subdivide the office building into two commercial condominium units, a Zoning Modification to allow nine (9) on-site parking spaces in lieu of sixteen (16) required with two other minor deviations from the City’s parking standards, and Architectural Design Review approval of the new building. It is recommended that the City Council affirm the Planning Commission decision. BACKGROUND The subject site is a 6,750 square-foot, corner lot developed with a one-story, 5,000 square-foot commercial building constructed in 1952 with four (4) on-site parking spaces. There is a 10-foot (10’) access easement over the easterly portion of the property that provides vehicular access to the parking areas at the rear of the adjacent TPM 14-07, MC 14-04 & ADR 14-06 130 S. First Avenue December 16, 2014 Page 2 of 7 commercial properties to the north. The subject property is zoned MU, Mixed Use – see Attachment No. 2 for an Aerial Photo with Zoning Information. DISCUSSION The applicant proposes to demolish the existing 5,000 square-foot, one-story commercial building and construct a new 3,995 square-foot, two-story commercial office building with nine (9) on-site parking spaces. The design of the building is contemporary Art Deco in style. The applicant states that their real estate development company will occupy the entire building following construction, but the building is proposed to be subdivided into two commercial condominium units; a 995 square-foot, ground floor unit, and a 3,000 square-foot, two-story commercial unit. In addition, there is a second-story roof garden – see Attachment No. 3 for the architectural plans. The proposed new building will be a highly visible addition to the area – see Attachment No. 4 for photos of the subject property and the surrounding properties. And, while the request for a reduced number of on-site parking spaces (9 in lieu of 16 required) is significant, it is an improvement over the existing parking situation of four (4) spaces in lieu of 20 required for the 5,000 square-foot commercial building, which is an existing legal-nonconforming situation. The proposed project reduces the parking deficiency by nine (9) spaces. A new driveway approach will provide access to a nine (9) space surface parking lot at the rear of the building, and the existing driveway approach that provides access to the ten-foot (10’) easement at the rear of the property will remain. New trees and landscaping, a new trash enclosure, and new parking lot lights will be added at the rear of the building. Parking Modifications Because of the small size of the property and the ten-foot (10’) access easement along the east property line, the applicant is requesting the following Zoning Modifications from the City’s parking requirements: 1. Nine (9) on-site parking spaces in lieu of 16 required for a 3,995 square-foot office building. 2. An 18’-0” stall depth for one (1) parking space in lieu of the 20-foot requirement in order to accommodate a new trash enclosure. 3. Three parking spaces within 20 feet of the new driveway approach in lieu of the 20-foot setback from the parking lot entrance. TPM 14-07, MC 14-04 & ADR 14-06 130 S. First Avenue December 16, 2014 Page 3 of 7 Section 9292.1.4 of the Arcadia Municipal Code states that the purpose of the Modification procedures is for the following: 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development. The applicant has conducted a parking survey of the public parking in the vicinity of the site – see Attachment No. 5. The survey indicates that of the 70 public parking spaces within the immediate vicinity of the site, parking usage during the weekday business hours of 9 a.m. to 5 p.m. peaks at 46 spaces during the Friday lunch hour, with an average peak parking demand per day of 34 spaces. For the non-peak hours, parking usage averaged about 25 spaces. The public parking in the vicinity is sufficient to accommodate any spill-over parking demand of the proposed development. The requested Modification to allow nine (9) parking spaces in lieu of 16 required will secure an appropriate improvement of the subject lot as the development will substantially improve the parking situation of the site by providing five (5) additional parking spaces for a building with a lesser parking requirement than the existing nonconforming development. The street parking along First Avenue and the intersecting east-west streets accommodate the majority of the parking demand of the local businesses. The parking survey prepared by the applicant shows that during normal weekday business hours, there is adequate public parking to accommodate any increased parking demand by the new development. The requested Modification to allow an 18-foot depth rather than a 20-foot depth for one of the parking stalls will secure an appropriate improvement by allowing construction of a covered trash enclosure in accordance with pollution reduction requirements at the minimum 15-foot setback from the east property line. Also, an 18-foot deep parking stall is the standard in some other jurisdictions, and is the standard in the California Building Code for disabled-access parking spaces. The Modification to locate parking spaces within 20 feet of the parking lot entrance is appropriate given the small size of the lot, the limited number of parking spaces, and the low level of traffic on Bonita Street. The intent of the 20-foot requirement is to ensure that traffic circulation on an adjacent street is not impeded by vehicles waiting for another vehicle to back out of a parking space. But, for a small parking lot off of a side street, it is not critical. The proposed parking lot design is the most efficient use of the available parking area. The requested Parking Modifications and the proposed design will secure an appropriate improvement of the lot. TPM 14-07, MC 14-04 & ADR 14-06 130 S. First Avenue December 16, 2014 Page 4 of 7 Architectural Design Review The contemporary Art Deco design features off-white walls, a gray metal awning wrapping around the ground floor along the west, south, and east sides of the building, gray storefront glass, blue second-story accents, and Art Deco detailing at various locations, including a clock tower entrance feature. The proposed design of the building is consistent with the City’s Commercial Design Guidelines and appropriate for the surrounding commercial district. This area on First Avenue consists predominately of Mid-Century Modern buildings constructed in the 1940s and 50s. There are several Art Deco style buildings in the vicinity, particularly the half-block diagonally across the intersection from the subject site, which includes the building occupied by Belle n Beau photography studio that was built in 1949 – see Attachment No. 4 for Photos of the Subject Property and Surrounding Properties. The use of blue accents, gray metal awnings, a clock tower entrance feature, and angled windows on the second floor are a fanciful and contemporary take on the Mid-Century Modern and Art Deco architecture found in the area. The design uses similar materials and architectural features found on buildings in the immediate vicinity. The building will be unique in appearance, but architecturally compatible with the surrounding commercial district, and an improvement over the existing concrete block building. Tentative Parcel Map The proposal for two commercial condominium units requires that they be subdivided through the Tentative Parcel Map process – see Attachment No. 6 for the Tentative Parcel Map. The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the State Subdivision Map Act, and will not violate any requirements of a California Regional Water Quality Control Board. The following two findings are required for approval of a Tentative Parcel Map: A.1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City’s General Plan. The proposed project will remove the existing 5,000 square-foot, one-story commercial building and replace it with a new 3,995 square-foot, two-story commercial building that is consistent in character with the Mixed Use designation as described in the City’s General Plan. A.2. That the discharge of waste from the proposed subdivision into the community sewer system will comply with existing requirements prescribed by a California Regional Water Quality Control Board. The Arcadia Public Works Services Department confirmed that the proposed development will be adequately served by the existing sewer infrastructure and the requirements of the California Regional Water Quality Control Board will be satisfied. TPM 14-07, MC 14-04 & ADR 14-06 130 S. First Avenue December 16, 2014 Page 5 of 7 The Planning Commission imposed the following conditions of approval to ensure that all City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees: 1. The development shall comply with the following Engineering Services conditions of approval: a. The Applicant/Property Owner shall pay a $100 Map Fee and $25 Final Approval Fee prior to approval of the final Parcel Map. b. The Applicant/Property Owner shall remove and replace the existing curb and gutter along the property frontage on Bonita Street prior to issuance of a Certificate of Occupancy for the subject building. c. The Applicant/Property Owner shall remove and replace any damaged sections of sidewalk along Bonita Street from property line to property line per City Standard prior to issuance of a Certificate of Occupancy for the subject building. d. The Applicant/Property Owner shall prepare a demolition plan for review and approval by the City Engineer, or designee, prior to issuance of a grading permit for the subject development. e. The Applicant/Property Owner shall prepare a Standard Urban Stormwater Mitigation Plan (SUSMP) that complies with the SUSMP requirements prescribed by Los Angeles County Department of Public Works SUSMP Manual, and shall show the selected measures on the grading plan prepared for this project for the review and approval of the City Engineer or designee. 2. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. TPM 14-07, MC 14-04 & ADR 14-06 130 S. First Avenue December 16, 2014 Page 6 of 7 3. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 4. Approval of TPM 14-07, MC 14-04, and ADR 14-06 shall not be of effect unless on or before 30 calendar days after Planning Commission approval of the applications, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. ENVIRONMENTAL ASSESSMENT The project is the construction of a new commercial structure of less than 10,000 square-feet in floor area, which qualifies as a Class 3 Categorical Exemption per the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines – see Attachment No. 7 for the Preliminary Exemption Assessment. PUBLIC NOTICE On December 4, 2014, public hearing notice for the call up/appeal of this item was published in the local paper, and mailed to the property owners and tenants of those properties that are located within 300 feet of the subject property. TPM 14-07, MC 14-04 & ADR 14-06 130 S. First Avenue December 16, 2014 Page 7 of 7 RECOMMENDATION It is recommended that the City Council affirm the Planning Commission decision to approve Tentative Parcel Map No. TPM 14-07 (72892), Modification No. MC 14-04, and Architectural Design Review No. ADR 14-06 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new 3,995 square-foot, two-story, Art-Deco style office building at 130 S. First Avenue. Attachment No. 1: Planning Commission Resolution No. 1924 Attachment No. 2: Aerial Photo with Zoning Information Attachment No. 3: Architectural Plans Attachment No. 4: Photos of Subject Property & Surrounding Properties Attachment No. 5: Parking Survey Attachment No. 6: Tentative Parcel Map Attachment No. 7: Preliminary Exemption Assessment FORM “A” – Preliminary Exemption Assessment CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: TPM 14-07, ADR 14-06, & MC 14-04 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 130 S. First Avenue (Cross streets – Bonita St. and Alta St.) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Sun’s Residential Development LLC (2) Address 308 S. First Ave Suite F Arcadia, CA 91006 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15303 - Class 3 (New construction of small structures). f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: October 12, 2014 Staff: Tim Schwehr, Associate Planner Attachment No. 7: Preliminary Exemption Assessment Attachment No. 5 Attachment No.5 Parking Survey Attachment No. 4 Attachment No.4 Photos of Subject Property & Surrounding Properties SUBJECT PROPERTY – FIRST AVENUE FRONTAGE SUBJECT PROPERTY – VIEW FROM INTERSECTION OF FIRST AVE AND BONITA ST SUBJECT PROPERTY – BONITA FRONTAGE AND REAR PARKING LOT NORTH OF SUBJECT PROPERTY – ABUTTING MEDICAL OFFICE WEST OF SUBJECT PROPERTY – RETAIL STORES SOUTH OF SUBJECT PROPERTY – RETAIL STORES SOUTHWEST OF SUBJECT PROPERTY – RETAIL BUILDINGS IN ART DECO STYLE EAST OF SUBJECT PROPERTY – SINGLE-FAMILY AND MULTIPLE-FAMILY RESIDENTIAL, ZONED R-3 Attachment No. 3 Attachment No.3 Architectural Plans Overlays Selected parcel highlighted Parcel location within City of Arcadian/a n/a n/a n/a Property Owner(s): Architectural Design Overlay: Downtown Overlay: Special Height Overlay: Parking Overlay: Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): General Plan: MU Number of Units: MU Zoning: Property Characteristics 1952 5,000   681 65(6,'(17,$/'(9(/230(17//& Site Address:130 S 1ST AVE This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 04-Nov-2014 Page 1 of 1 Attachment No. 2: Aerial Photo with Zoning Information Attachment No. 1 Attachment No.1 Resolution 1924 12-16-14 MINUTES OF THE ARCADIA CITY COUNCIL REGULAR MEETING TUESDAY, DECEMBER 16, 2014 CALL TO ORDER – Mayor Wuo called the meeting to order at 6:05 p.m. ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Tay, Kovacic and Wuo ABSENT: None PUBLIC COMMENTS – No one appeared. STUDY SESSION a. Report, discussion, and direction concerning status of Walbern Development's proposal for a project in the City's downtown parking lot. City Manager Lazzaretto and Assistant City Manager/Development Services Director Kruckeberg provided the City Council with a brief update on the development of the City’s downtown parking lot project. Matt Waken of Waken Development LLC appeared and requested a 90 day extension and explained the reason for the request. A motion was made by Council Member Chandler, seconded by Mayor Pro Tem Kovacic to grant an extension to the exclusive negotiation period of 120 days. The Study Session ended at 6:20 p.m. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(d)(4) to confer with legal counsel regarding the initiation of litigation – one (1) potential case. The Closed Session ended at 6:50 p.m. CITY COUNCIL REGULAR MEETING CALL TO ORDER - Mayor Wuo called the meeting to order at INVOCATION - Reverend Thomas Shriver, Police Department Chaplain PLEDGE OF ALLEGIANCE - Jason Kruckeberg, Assistant City Manager/Development Services Director ROLL CALL OF CITY COUNCIL MEMBERS PRESENT: Council Member Beck, Chandler, Tay, Kovacic and Wuo ABSENT: None 12-16-14 REPORT FROM CITY ATTORNEY ON STUDY SESSION AND CLOSED SESSION ITEM City Attorney Deitsch reported that a Study Session was conducted to hear a report, discuss and provide direction regarding the status of the proposed Walbern Development project in the City’s downtown parking lot; and that on motion by Council Member Chandler, seconded by Mayor Pro Tem Kovacic, the City Council unanimously (5-0) voted to grant an extension to the exclusive negotiation period of 120 days to the Developer in order to produce a possible project for that area. City Attorney Deitsch also reported that a Closed Session was conducted to consider the one item listed on the posted agenda under Closed Session regarding potential litigation under Government Code Section 54956.9(d)(4), no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER REGARDING AGENDA ITEMS City Manager Lazzaretto advised that Officer Ashby is out of the state and requested that the presentation be pulled from the agenda until Officer Ashby returns. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council Member Chandler, seconded by Council Member Tay, to read all ordinances and resolutions by title only and waive the reading in full. 1. PUBLIC HEARINGS a. Appeal of the Planning Commission's decision to uphold the Highlands Homeowners’ Association’s Architectural Review Board denial of the design concept plans for a new residence at 211 Monte Place. Recommended Action: Deny Appeal Assistant City Manager/Development Services Director Kruckeberg and Community Development Administrator Kasama presented the staff report. Mayor Wuo opened the public hearing. Kurt Von Hatten, applicant and project designer of KVH Design Group appeared and addressed the existing retaining wall in the backyard, and the design concept plans for the proposed new residence at 211 Monte Place. Mr. Von Hatten also responded to various questions raised by Council Member Beck and Mayor Pro Tem Kovacic. April Verlato, Highlands Homeowners’ Association Architectural Review Board Member, appeared and discussed the misrepresentations made to the City by the applicant on the project; she advised that she did not vote on this item but was present at ARB meeting; she discussed the criteria established by Resolution No. 6770 relating to size and compatibility and CEQA violations. Carl Sigalos, resident on Canyon Road, appeared and expressed his concerns regarding the traffic and impact on the neighborhood; and feels that a bad precedent will be set. Susan Ligon, resident on Canyon Road, appeared and indicated that the home is a rebuild and not a tear down; that the developer will build maximum square footage so that it can be resold; she 12-16-14 expressed her opposition of the proposed new residence; and also feels that a precedent will be set. Dave Arvisu, Highlands Homeowners’ Association Architectural Review Board Member, appeared and explained the reasons why size and mass matters and explained why the project was denied by the Architectural Review Board; and commended the Planning Commission for realizing that size and mass does matter. David Ligon, a resident on Canyon Road, appeared and explained why he is opposed to the design of the proposed new residence; he doesn’t feel that the size and mass goes with the neighborhood; and hopes the City Council denies the project. John Frame, a resident on Monte Place, appeared and explained why the proposed new residence would not fit in the neighborhood, including privacy issues. John Uniack, Chair of the Highlands Homeowners’ Association Architectural Review Board, appeared and explained that he met with the applicant and discussed size and mass; he further explained why the proposed new residence does not look like a contemporary ranch style home compared to others in the area; and advised the City Council that there were not looking at same drawing that was presented to the Architectural Review Board. Tim Birch, a resident in the Highlands Homeowners’ Association, area appeared and explained that the new residence appears to be out of place for the neighborhood; and urged the City Council to respect the process, and if changes need to be made to the drawings he feels the City Council should send back through the Architectural Review Board process. John Fick, a resident in the Highlands Homeowners’ Association area, appeared and expressed his concerns with the process; and expressed concerns that the City Council looks at these matters as new and questioned the relationship between the City and the Architectural Review Board. Ms. Frame, a resident on Monte Place, appeared and explained that she has talked to some neighbors and they also do not agree with the size and mass of the new home being proposed. Kurt Von Hatten, applicant and project designer of KVH Design Group, confirmed that the drawing he provided the City Council was a sample of changes that can be made regarding size and mass. In response to a question raised by Council Member Chandler regarding the Sycamore tree, Mr. Von Hatten responded that the existing Sycamore tree will not be removed from the property. A motion to close the public hearing was made by Council Member Chandler, seconded by Mayor Pro Tem Kovacic, and seeing no further objections, Mayor Wuo declared the public hearing closed. It was moved by Mayor Pro Tem Kovacic, seconded by Council Member Tay, and carried on roll call vote to deny the appeal and uphold the Planning Commission’s decision to deny the proposed plans. AYES: Council Member Kovacic, Tay, Beck, Chandler and Wuo NOES: None ABSENT: None b. Call up/appeal of the Planning Commission's conditional approval of Tentative Parcel Map No. TPM 14-07 (72892), Modification No. MC 14-04, and Architectural Design 12-16-14 Review No. ADR 14-06 with a categorical exemption under the California Environmental Quality Act (CEQA) for a new 3,995 square-foot, two-story, Art-Deco style office building at 130 S. First Avenue. Recommended Action: Affirm Planning Commission Decision Assistant City Manager/Development Services Director and Associate Planner Schwehr presented the staff report. Mayor Wuo opened the public hearing. Ben Woo, designer of the project, appeared and explained the architectural style of the proposed office building, and the concept of the Art Deco design. Ron Milich, owner of office building on First Avenue, appeared and discussed the common wall between his property and the property office building and addressed the parking problems on First Avenue. Ed Echert, Engineer on the project, appeared and explained that the common wall the previous speaker commented on will not be removed, but that a new wall will be built right next to it for the new building. Terry Zoelercross, owner of property at the corner of Alta and First Avenue, appeared and addressed the severe parking issues; she asked about redevelopment in the City and thought there was not going to be any other office building allowed in the downtown area. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Tay, and seeing no further objections, Mayor Wuo declared the public hearing closed. It was moved by Mayor Pro Tem Kovacic, seconded by Council Member Chandler, and carried on roll call vote to affirm the Planning Commission decision to approve Tentative Parcel Map No. TPM 14-07 (72892), Modification No. MC 14-04, and Architectural Design Review No. ADR 14-06 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new 3,995 square-foot, two-story, Art-Deco style office building at 130 S. First Avenue; and to return to staff to refine the design. AYES: Council Member Kovacic, Chandler, Beck, Tay and Wuo NOES: None ABSENT: None PUBLIC COMMENTS - No one appeared. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK (including reports from the City Council related to meetings attended at City expense [AB 1234]) Mayor Pro Kovacic wished everyone a Happy Hanukah, Merry Christmas, and Happy Holidays; and congratulated the Arcadia High School Constitution Team for winning the first round of competitions. Council Member Tay announced the various meetings he attended; he congratulated the City on receiving an energy efficient award; he announced the Holiday Market this weekend; he noted that he attended the holiday employee event and congratulated those employees who served the City for 30 and 40 years, and thanked them for their years of service; and wished everyone Happy Holidays. 12-16-14 Council Member Beck requested the support of two City Council Member votes that a policy regarding the naming of City facilities be brought back to the City for discussion and consideration at a future study session (Council Member Tay and Mayor Pro Tem Kovacic concurred); and wished everyone Happy Holidays and Happy New Year. Council Member Chandler reminded residents to be careful with packages being left at the front door and reminded everyone of the “See Something, Say Something” motto; and wished everyone Happy Holidays. City Clerk Glasco reminded residents that the VIPS (Volunteers In Patrol Services) are available for extra patrol and can be requested when on vacation; and wished everyone Happy Hanukah, Merry Christmas, Happy Holidays, and a prosperous Happy New Year. Mayor Wuo wished everyone a Happy Holidays. 2. CONSENT CALENDAR a. Regular Meeting Minutes of December 2, 2014. Recommended Action: Approve b. Accept a gift of $3,000 from the Arcadia Museum Foundation for programs at the Gilb Museum of Arcadia Heritage. Recommended Action: Approve c. Final Tract Map No. 72434 for a 12-unit residential condominium subdivision at 919- 923 Fairview Avenue. Recommended Action: Approve d. Site License Agreement with Los Angeles Regional Interoperable Communications System (LA-RICS) for installation of a cell tower at the Arcadia Police Department. Recommended Action: Approve e. Purchase of computers, monitors, software, and related peripherals from Dell Computer Corporation in accordance with the City’s Computer Replacement Program Recommended Action: Approve f. Contract with Ferreira Construction Co., Inc., dba Ferreira Coastal Construction Co. for the fiber optics project in the amount of $259,812. Recommended Action: Approve g. Contract with Mariposa Landscape, Inc. for Landscape Maintenance Services in an amount not to exceed $472,560. Recommended Action: Approve h. Contract with GMC Engineering, Inc. in the amount of $506,373 for Phase Two of the Huntington Drive Capacity Improvements project. Recommended Action: Approve i. Professional Services Agreement with Cannon Corporation for the design of the Huntington Drive Sewer Capacity Improvement Project in the amount of $28,340. 12-16-14 Recommended Action: Approve j. Professional Services Agreement with Tierra West Advisors, Inc. for Economic Development Consulting services in an amount not to exceed $30,000. Recommended Action: Approve k. Professional Services Agreement for on-call environmental consulting services with LSA Associates, Inc., BonTerra Psomas, and PMC. Recommended Action: Approve Council Member Beck requested Consent Calendar Item 2.j be pulled for further discussion and will abstain from voting on Consent Calendar Item 2.j because Mr. Noriega is an acquaintance of his and is his neighbor. It was moved by Council Member Tay, seconded by Council Member Chandler, and carried on roll call vote to approve Consent Calendar Items 2.a through 2.i and 2.k. AYES: Council Member Tay, Chandler, Beck, Kovacic and Wuo NOES: None ABSENT: None ABSTAIN: Council Member Beck (Consent Calendar Item 2.g) In response to Council Member Beck’s inquiry of waiting for the City to hire an Economic Development Manager before spending money on a development consulting services, City Manager Lazzaretto and Assistant City Manager/Development Services Director explained the reasons for moving forward with the economic development consulting services now. Council Member Beck indicated that he would like to wait until the City hires an Economic Development Manager to get input of an economic development consulting services. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Kovacic, and carried on roll call vote to approve Consent Calendar Items 2.j. AYES: Council Member Chandler, Kovacic, Tay and Wuo NOES: Council Member Beck ABSENT: None 3. CITY MANAGER a. Cancellation of the January 6, 2015, Regular City Council Meeting. Recommended Action: Approve City Manager Lazzaretto presented the staff report. It was moved by Council Member Chandler, seconded by Council Member Tay, and carried on roll call vote to cancel the regular City Council meeting of January 6, 2015. AYES: Council Member Chandler, Tay, Beck, Kovacic and Wuo NOES: None ABSENT: None 12-16-14 b. Donation of $12,500 to the Arcadia Unified School District for Arcadia High School Baseball Field improvements and equipment. Recommended Action: Approve City Manager Lazzaretto presented the staff report. It was moved by Council Member Chandler, seconded by Council Member Beck and carried on roll call vote to approve the donation of $12,500 to the Arcadia Unified School District for Arcadia High School Baseball field improvements and equipment. AYES: Council Member Chandler, Beck, Kovacic, Tay and Wuo NOES: None ABSENT: None ADJOURNMENT The City Council adjourned this meeting at 9:20 p.m. to Tuesday, January 20, 2015, 6:00 p.m. in the City Council Chamber Conference Room. _________________________________ Lisa Mussenden Chief Deputy City Clerk/Records Manager