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HomeMy WebLinkAbout9-22-2020 PC MinutesEAR ARCADIA PLANNING COMMISSION p v REGULAR MEETING MINUTES w,s TUESDAY, SEPTEMBER 22, 2020 CALL TO ORDER Chair Lewis called the meeting to order at 7:00 p.m, in the Council Chamber. She also informed the public of a call-in number that was established for public comments. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Lewis PRESENT (Via telephone): Vice Chair Wilander, Chan, Lin, and Thompson ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Chair Lewis introduced Senior Planner Luis Torrico since Lisa Flores, the Planning & Community Development Administrator could not be present for tonight's meeting. Mr. Torrico announced that staff received two emailed public comments that would be read into the record during the public hearing for Agenda Item No. 1. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING Resolution No. 2064 — Approving Multiple Family Architectural Design Review No. MFADR 20- 02, Tentative Tract Map No. TTM 20-02 (83124), Protected Healthy Tree Removal Permit No. TRH 2O-04, and Protected Tree Encroachment Permit No. TRE 20-07 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a six -unit multi -family residential condominium development at 414 S. 2"d Avenue Recommendation: Adopt Resolution No. 2064 Applicant: Eric Tsang, on behalf of the property owner, 418 Second Ave LLC Chair Lewis introduced the item and turned it over to Associate Planner Christine Song to present the staff report. Chair Lewis opened the public hearing and asked if the Applicant would like to speak on the item. Eric Tsang responded. Chair Lewis asked if there was anyone who would like to speak in favor of the item. 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. There were no callers in support of the item. Chair Lewis asked if there was anyone who would like to speak in opposition of the item. Two residents spoke in opposition to the item: 1. Mark Bryan, current tenant on the subject site: Expressed concern that the trees and foliage on the site will be removed due to construction; the project will displace current residents without providing relocation support; and he asked what can be done to help tenants who are forced to relocate during the COVID-19 pandemic. 2. Sharon Sharth: She read her the comment she submitted via email, which provided reasons to preserve the structures, foliage, and oak trees on site; and listed several neighbors' concerns with the proposed project and tree removals. Chair Lewis and Mr. Torrico clarified that the existing oak trees on the site are to be preserved and a Certified Arborist will inspect the trees prior to the issuance of a Certificate of Occupancy. Chair Lewis also asked Assistant City Attorney Maurer if he could address Mr. Bryan's relocation comments later in the meeting. In addition, Mr. Torrico announced that the Planning Commission received two public comments prior to the meeting — one which was read earlier by Ms. Sharth, and another from Californians for Homeownership, a non-profit organization which monitors local jurisdictions' compliance with State housing laws. Mr. Tsang responded to the resident's comment that no protected oak trees will be removed as a part of this project and care will be taken to preserve the other protected trees. Commissioner Chan inquired about Condition No. 4 which pertains to tree protection measures. In an effort to protect future homeowners from being financially responsible for replacing protected trees in the event the LLC dissolves, Mr. Chan suggested listing the individual owners of the LLC as liable parties in case the existing protected trees or new replacement trees on site decline in health within 12 months after a certificate of occupancy has been issued. Further, the plans identify a "library' in each unit which can be viewed as a "fifth bedroom/guest room" on the plan because it has a bathroom, and a fifth bedroom could increase parking demand. If the Applicant does not intend on adding additional parking, then the room should remain an unenclosed library, and the guest bathroom adjacent to the library should be removed. Mr. Tsang responded and stated that he has spoken to his architect and understands the concerns on the Commissioners. The guest bedroom option will be eliminated, and the guest bathroom will be converted to a pantry. If the LLC is a concern, the members of the LLC could be added to the condition, if staff feels this can be done. Assistant City Attorney Maurer stated that the LLC itself is the Applicant. While the members could agree to this condition, it is not standard practice given the nature of an LLC is designed to avoid individual member liability. An alternative solution would be to require the tree replacement within the CC&Rs. 9-22-20 Mr. Chan expressed concern that adding the condition to the CC&Rs may not be enough of a protection for the future homeowners. LI -Cs as applicants are becoming more common in the City, and liability protections are not guaranteed. Mr. Maurer noted that there is a legal concern given the complexity of LLC, and the inability to hold third party individuals liable. Members are not always known or can be LI -Cs themselves. Including the tree protection requirements in the CC&Rs provides notice to the future property owners (of the individual properties) and the HOA (for common areas). Additionally, it provides assurance to the City that the owners have been made aware of the requirements of the condition. Commissioner Chan then suggested that there have been several projects in the past that have included additional measures such as tree donations on behalf of the developer. It was suggested at the last meeting that the city could require a bond to warranty the trees. Mr. Maurer stated that while this is typically seen as a security for public projects, it can be done. Assistant City Manager/Development Services Director Jason Kruckeberg added that a security bond can be added as a condition of approval to warranty the trees to be paid up front. Utilizing securities on projects to address specific issues has been done in the past; however, he also recommended that if the Commissioners feel this will be an ongoing concern, staff will consider a more standardized approach to the issue to ensure applicants are aware of the requirements beforehand. MOTION- PUBLIC HEARING It was moved by Vice Chair Wilander, seconded by Commissioner Lin to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Chan was in favor of the project with amending Condition No. 4, and a new condition of approval to remove the optional fifth bedroom. He asked that Mr. Maurer clarify if the current tenants have any rights regarding relocation. With regard to tenant relocation rights, Mr. Maurer stated that this issue is beyond the scope of the Planning Commission which reviews findings as it pertains to the development application. Relocation benefits would be a private matter between the tenants and the property owner. Commissioner Lin is sympathetic to the tenants and the issues regarding eviction and displacement. He agreed with Commissioner Chan that it is important to make applicants liable; however, accountability is challenging given that LLC laws are designed to shield members from personal liability. Therefore, a bond requirement may be a good alternative. Commissioner Thompson stated that Condition 4 is adequately written to provide oversight for the tree protection, and it would be strengthened if it was included in the Homeowners Association CC&Rs. If a protected tree was to decline in health, the Applicant must follow the City's Protected Tree Removal Permit process which is relatively inexpensive. As to comments that the property may have historic significance, it was determined that property does not meet any of the minimum requirements for designation as a historical resource under federal, state and local criteria. The facts to support the findings support the development; however, he was also concerned that if the 9-22-20 project was approved with the proposed library and enclosed bathroom, the project could increase parking demand, which would contribute to off-street parking in the area. Vice Chair Wilander agreed that the fifth bedroom should be eliminated. The trees are irreplaceable, therefore she recommended that the Applicant submit a bond in the amount $5,000 per tree as a warranty. Chair Lewis was inclined to approve the project contingent upon the removal of the fifth bedroom and the conversion of the bathroom to a pantry. She also recommended that staff consider a proposal regarding trees that can be applied to future projects. Mr. Tsang confirmed that the bathroom will be removed and replaced with a pantry, and the door will be placed closer to the kitchen. Based upon the Commissioner's comments, Mr. Maurer read the amended Condition No. 4 into the record to include the following new language after the last sentence: Condition No. 4: ... If any of the trees are in poor health, the Applicant/Owner shall be required to remove and replace the trees, subject to review and approval by the Planning & Community Development Administrator, or designee. Prior to issuance of the Certificate of Occupancy, the Applicant/Owner shall submit a bond or other security in the amount of $5, 000 per tree or in such other amount and form approved by the Planning & Community Development Administrator and the City Attorney, to guarantee the 12 -month warranty obligation of this condition. In addition, it was agreed that the room identified as a library on the first floor of all proposed units will remain an unenclosed library with no closet, and the adjacent bathroom accessed from the library will be converted to a kitchen pantry to be accessed from the hallway. MOTION It was moved by Commissioner Thompson, seconded by Vice Chair Lewis to adopt Resolution No. 2064, as amended, approving Multiple Family Architectural Design Review No. MFADR 20- 02, Tentative Tract Map No. TTM 20-02 (83124), Protected Healthy Tree Removal Permit No. TRH 2O-04, and Protected Tree Encroachment Permit No. TRE 20-07 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a six -unit multi -family residential condominium development at 414 S. 2nd Avenue ROLL CALL AYES: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson NOES: None ABSENT: None There is a ten day appeal period after the adoption of the Resolution. Appeals are to be filed by 4:30 p.m. on Friday, October 2, 2020. CONSENT CALENDAR 2. Minutes of the August 11, 2020 Regular Meeting of the Planning Commission 9-22-20 Recommendation: Approve It was moved by Vice Chair Wilander, seconded by Commissioner Lin to approve the minutes of the August 11, 2020 Planning Commission Regular Meeting. ROLL CALL AYES: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson NOES: None ABSENT: None MATTERS FROM CITY COUNCIL LIAISON Council Liaison Cheng thanked those who have supported the daily meal delivery train for first responders fighting the Bobcat Fire. MATTERS FROM THE PLANNING COMMISSONERS Commissioner Chan asked Mr. Maurer if he could provide any information on current tenant protections in California. Chair Lewis commended the first responders in the City. She also stated that she was concerned that there was a communication issue between the City and residents pertaining to the Bobcat Fire, and that some residents were not provided frequent updates. Mr. Kruckeberg stated that the City has worked diligently to provide extensive communication, but that he would pass this information to the Fire Chief. to investigate. Commissioner Thompson thanked the City and Los Angeles County first responders for their efforts in response to the Bobcat Fire. MATTERS FROM ASSISTANT CITY ATTORNEY Mr. Maurer does not have the information immediately available regarding landlord/tenant protections. The Ellis Act may only pertain to rent control units. Last year, AB -1482 was passed that provides tenant protections as well. He added some information on pending legislation such as AB -992 which will amend the Brown Act to include certain social media posts as potential "meetings' if they meet specific criteria. He provided additional information to the Commissioners and reminded them to be mindful of commenting on social media. He also discussed SB -1120, upon the request of Commissioner Chan, in response to the California housing shortage. Although the bill failed, similar legislation may be brought forward with the future. Mr. Kruckeberg added that the City provided a letter opposing SB -1120 and staff is monitoring similar legislation. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS 9-22-20 There were none. ADJOURNMENT The Planning Commission adjourned the meeting in honor of the passing of Lisa Flores father, Edward Louie, at 8:28 p.m. to Tuesday, October 13, 2020 at 7:00 p.m. in the City Council Chamber for the next virtual meeting. ATTEST: Lisa Flores Secretary, Pla ing Commission M i D(gborah Lewis Chair, Planning Commission 9-22-20