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