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HomeMy WebLinkAbout08-28-18 PC Minutesvopy' ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES Tuesday, August 28, 2018 CALL TO ORDER Chair Thompson called the meeting to order at 7:00 p.m. in the City Council Chamber PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Thompson, Vice Chair Lewis, Commissioners Chan and Wilander ABSENT: Commissioner Lin It was moved by Commissioner Chan, seconded by Vice Chair Lewis to excuse Commissioner Lin from the meeting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Planning & Community Administrator, Ms. Flores, distributed three late correspondences from residents relating to Agenda Item No. 1 and one late correspondence from Ramy Zaifman, the property owner of the subject property located at 111 Hacienda Drive. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING An Appeal of the Director's approval of Healthy Protected Tree Removal Permit No. TRH 18-09 for the removal of five (5) healthy Oak trees to accommodate a new single-family residence and two (2) diseased Oak trees with a Categorical Exemption under the California Environmental Quality Act at 111 Hacienda Drive. Appellants: George and Ana Raptis Recommended Action: Deny the Appeal and uphold the Director's Approval Planning & Community Development Administrator, Ms. Flores, introduced the item and turned the item over to Associate Planner, Peter Sun to present the staff report. Chair Thompson opened the public hearing and asked if the appellants would like to speak on the item. George and Ana Raptis, the Appellants and owner of 101 Hacienda Drive responded and Ms. Raptis emphasized that the intent of the appeal is to preserve oak trees which are a defining feature of the City. Ideally, the construction of the new home should occur around the trees and thus would save as many trees as possible in the process. She presented photographs to the Commission to illustrate local properties which have been designed around trees. She discussed the Santa Anita Oaks Architectural Review Board (ARB) meeting she attended on the project requested for more transparency regarding the protected tree removal process and the role of the ARB as well as the City. Lastly, 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. she posed the question as to whether or not buyers seeking to purchase property in the City of Arcadia are made aware of the Tree Preservation Ordinance at that time. Chair Thompson asked if the owner of the subject property, 111 Hacienda Drive, would like to speak on the item. Ramy Zaifman, the property owner responded and stated that approximately ninety-five (95) percent of his lot is covered by trees and has little empty space in comparison to other nearby properties. He initially met with the Oaks Homeowners Association (HOA) and proposed several designs. He stated that he fully cooperated with the HOA and followed all necessary City rules and regulations, including submitting arborist reports. Ample time was spent in discussions with the HOA regarding the design of the home, which was adjusted to meet their requests. He further discussed the tree removal permitting process. He stated the completed home will complement the neighborhood and there will be additional trees planted. Chair Thompson asked if the ARB Chair would like to speak on the item. Vince Vargas, ARB Chair Designee, spoke on behalf of the ARB Chair. He discussed the ARB meeting in which the project was presented and discussed the City responsibility regarding approval for removal of protected trees. He stated that the plans were studied carefully and ultimately, the plan was chosen which would be the least detrimental. The five (5) trees proposed to be removed are offshoots of other trees and are smaller than many of the other oaks on the property. He stated that of the two (2) plans submitted, the approved plan kept a large oak intact but called for the removal of the five (5) smaller oaks. The rest of the trees on-site will help soften the appearance of the home. Chair Thompson asked if there was anyone else who would like to speak in favor of the appeal. The following residents responded in favor of the appeal: Marlene and Allan Arevalo, 121 Hacienda Drive: Ms. Arevalo stated she had concerns with the removal of the oak trees, requested for more transparency with the process, and additional tree protection from the City. Cindy Forillo, 296 Hacienda Drive: Ms. Forillo stated that the City should make a determination on trees for a proposed project prior to the ARB decision on a project. If the City regulates protected trees, then the City should be responsible for accessing the property prior to plan submitted to the ARB, as opposed to the current process. Maria Guzman, 1320 Ramona Rd: Ms. Guzman requested that the City provide a clear and concise protocol to residents regarding the protected tree removal. The current process creates confusion and she would like the City to create a process which is applied equally to everyone and is easily understandable. Donna Woods, 60 W. Orange Grove Avenue- Ms. Woods discussed the value of trees which she said are very important to the community. The trees in Arcadia were the reason she and her husband decided to move to Arcadia. She would like to see the trees preserved for future generations. 2 8-28-18 Chair Thompson asked if there was anyone who would like to speak in favor of the appeal. No one responded. Chair Thompson asked if anyone would like to speak in opposition of the item. No one responded. Chair Thompson asked if the appellant would like to respond to any of the comments. Ms. Raptis responded and stated the neighborhood is motivated in further protecting the trees. She stated that this project and future projects are important to the community. Commissioner Wilander inquired as to the size of the replacement trees in the front yard. Ms. Flores stated the City will work with a Certified Arborist to help determine the most appropriate size and location for the replacement trees to ensure the canopies do not interfere with each other. City Attorney Steve Deitsch confirmed this is addressed in Condition No. 1 of the conditions of approval. MOTION- PUBLIC HEARING It was moved by Vice Chair Lewis, seconded by Commissioner Chan to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Chan stated that there appears to be a communication issue with the residents and their homeowners association. Mr. Zaifman has diligently gone through the process and the ARB has approved their plan. The HOA ARB is an elected body which has the authority to approve a plan which may impact trees. He encouraged residents to take an active role in their homeowners associations. He stated that he was leaning toward denying the appeal. Vice Chair Lewis stated that although she does not wish to see trees removed, the ARB and applicant have tried several options. If the property did not have quite so many trees and the location of the trees was not in the direct footprint of the home, she may feel differently. As previously mentioned by Mr. Vargas, the trees which are proposed to be removed are the smaller of the trees on the lot and there will be three (3) replacement trees planted in the front. That being said, she takes no issue with the removal of the diseased trees. The applicant has chosen to build a one-story home and the Tudor style design compliments the neighborhood. Commissioner Wilander agreed that she does not wish to see the removal of trees. She initially noted that the lot has heavy tree coverage- 23 oaks in total. She discussed the diseased trees and stated that replacing trees with trees of equal value is difficult to achieve; replacement trees must be practical for the property. For this project, it appears as though the removal is necessary in order to build an appropriate house. She added that the applicant is proposing a design which is well beneath the maximum floor area ratio (FAR). Therefore, she agrees with the Director's recommendation to deny the appeal. Chair Thompson discussed the design review and tree removal permitting process which is more discretionary and requires input from several sources in order to make a determination. He stated that 8-28-18 homeowners associations are beneficial as they help protect property values and encourage harmonious development. The floor area ratio (FAR) is reasonable and the applicant has taken steps to mitigate mass and scale such as choosing to construct a single story as opposed to a two-story home, which also improves privacy. There is ample tree canopy on the property. He complimented the ARB and the Planning Department for their efforts, including the hiring of second Arborist. Preserving tree no. 7 (the large Oak) was a reasonable compromise. Therefore, he is inclined to deny the appeal. Commissioner Chan also complimented Planning Staff on their efforts. MOTION It was moved by Commissioner Chan, seconded by Vice Chair Lewis to deny the appeal and uphold the Director's approval of Healthy Protected Tree Removal Permit No. TRH 18-09 for the removal of five (5) healthy Oak trees to accommodate a new single-family residence and two (2) diseased Oak trees with a Categorical Exemption under the California Environmental Quality Act at 111 Hacienda Drive ROLL CALL AYES: Chair Thompson, Vice Chair Lewis, and Commissioners Chan and Wilander NOES: None ABSENT: Commissioner Lin There Is a ten day appeal period after the approval/denial of the appeal. If adopted, appeals are to be filed by 4.30 p.m. on Friday, September 7, 2018. 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. Minutes of the August 14, 2018, Arcadia Planning Commission Regular Meeting Recommended Action: Approve MOTION It was moved by Commissioner Thompson, seconded by Vice Chair Lewis to approve Consent Calendar Item 2, approving the August 14, 2018 Arcadia Planning Commission Regular Meeting minutes. ROLL CALL AYES: NOES: ABSENT: Chair Thompson, None Commissioner Lin Vice Chair Lewis, and Commissioners Chan and Wilander MATTERS FROM CITY COUNCIL LIAISON City Council Liaison Amundson discussed Phase Two (2) of the Le Meridien hotel project and stated there is ongoing discussion regarding the final design of the condominiums. He discussed housing in the City and stated there is increased interest for development. A scoping meeting was held for the Santa Anita Barns project where residents voiced concerns over the proposed project. He added that the City is in discussions regarding the Coyote Management Plan. MATTERS FROM PLANNING COMMISSIONERS Commissioner Wilander inquired about the process for protected tree removal applications. Ms. Flores responded and explained decisions are not made until the project is noticed to those property owners within a 300 foot radius after which there is a fourteen (14) day period in which the public is entitled to comment. Following the decision, there is a ten (10) day appeal period. She added that the public may review notices of pending decisions and Arborist reports on the City's "Notices and Decisions" webpage. Mr. Deitsch addressed a question raised earlier by the appellant and stated that the City does not monitor purchases or sales of residential properties and the City is not required to provide notice of municipal code requirements. A buyer however does need to exercise due diligence when considering purchasing a property. Additionally, a buyer can visit their local City Hall to inquire about zoning and land use issue which may pertain to a property. Vice Chair Thompson requested confirmation that in an HOA area, the majority of design review is slated to the HOA but the City does have other discretionary approval powers regarding that development. Ms. Fores confirmed that this is accurate. Commissioner Wilander inquired as to whether it has been considered increase the noticing area to be larger than 300 feet. Ms. Flores responded and stated the current 300 foot noticing radius is an expansion from the previous requirement which was much more limited. The radius was increased for the most recent Development Code update. MATTERS FROM CITY ATTORNEY City Attorney Steve Deitsch had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores announced there are currently no items pending for the September 11, 2018 meeting therefore it will most likely be cancelled. She provided an update on the draft historic preservation ordinance and stated the City Council study session which had been previously scheduled for 5 8-28-18 September will now likely take place in early October and she will report back to the Commission with the new date and a postcard will be mailed to residents informing them of the study session. ADJOURNMENT The Planning Commission adjourned this meeting at 8:41 p.m. to Tuesday, September 11, 2018 in the City Council Chamber at 240 W. Huntington Dr., Arcadia. Brad Thompson Chair, Planning Commission ATTEST: Lisa Flores Secretary, Pla ing Commission 8-28-18