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HomeMy WebLinkAboutDECEMBER 13, 1988 ~) . ~ .. ". Planning Commission proceedings are taped recorded and on file in the office of the Planning Department. MINUTES ARCADIA CITY PUlNNING COMMISSION REGULAR MEEnNG Tuesday,December 13, 1988 The Planning Commission of the City of Arcadia met in regular session on Tuesday, December 13, 1988 at 7:30 p.m. in the Council Chambers of'the Arcadia City Hall, 240 West Huntington Drive, with Chairman Larry Papay presiding. PlEDGE OF ALLEGIANCE ROLL CALL: PRESENT: ABSENT: Commissioners Clark, Hedlund, Szany, Papay Amato ~TION Motion'was made by Commissioner Szany, seconded by Commissioner Clark to excuse Commissioner Amato from'tonlght's meeting. The motion passed by voice vote with none dissenting. MINUTES ~TION It was moved by Commissioner Clark, seconded by Commissioner Szany to approve the Minutes of November 22, 1988 as published. The motion passed by voice vote with none disSenting. ~TION II was moved by Commissioner Clark, ,seconded 'by Commissioner Szany to read all resolutions by title only and waive the reading of the full body of the resolutions. The motion passed by voice vote with none dissenting. OTHERS ATTENDING: Councilwoman Mary Young City Attorney Michael Miller Planning Director William Woolard Senior Planner Donna Butler Associate Planner Wilfred Wong Associate Planner Corkran Nicholson Arcadia City Planning Commission December 13, 1988 Page 1 . . /.. '---~~ CONTINUED PUBlIC HEARING M.P. 88-032 609-619 Falrview Aven'ue Raouf Sedky Consideration of a proposed 20 unit residential condominium having a building length oi 266'-6" in lieu of 165'-0' Stall outlined the changes from the original plans. Tony Ngai, 1833 Victory Boulevard, Glendale, the designer and project architect passed out some supplementary material. He noted the Commission's concems at the last meeting and indicated that the new design has addressed these concems. He has moved .the building line back and created a balcony and changed the direction of the roof line. M:>TION Motion ' was made by Commissioner Clark, seconded by Commissioner Szany to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Hedlund indicated that he liked the way the exterior building facade had been redesigned. Commissioner Clark commented that the architect has done a good job in breaking up the facade and providing more relief. Commissioner. Szany agreed. Com,missloner Papay concurred and noted that the view from the adjacent properties would be more broken up. M:>TION Motion was made by Commissioner Clark, seconded by Commissioner Hedlund to approve MP ,88-032 and find that the request would secure an appropriate improvement and that the design concept plans are in compliance wiiti the ADR criteria and mov,e for approval subject to 1he conditions of approval set forth in the staff report. ROll CAll AYES: NOES: ABSENT: Commissioners Clark, Hedlund, Szany, Papay None' >' Commissioner Amato PUBLIC HEARING'Z-88-005 14,1-149 West Live Oak Avenue and 148-158 Las Tunas DriVe Kai Chow Tse and Diane Tse Consideration of a zone change from C-1 (Limited Commercial) to C-2 (General Commercial) The staff report was presented. Teresa Tse daughter-in-law ofthe owner indicated that their goal was to upgrade the property but right now they have some problems in renting the stores. In order to upgrade the property arid rent the Arcadia City Planning Commission December 13, 1988 Page 2 . . ~ stores they are requesting a zone change from limited, commerCial to general commercial. The purpose of the zone change is t6 allow a larger variety of uses on the property. Commissioner Hedlund asked what types of uses they perceived might come in the center? Ms. Tse indicated a used plo!hing store. They have had several people Inquiring about that 'type of use but It, Is not permitted In the C-l zone. Pal'Leone, 5650 EI Monte Avenue Indicated concem about !he types of businesses that might go in there because ttiere could be more traffic generated in the area. She asked what was going to be there; what was going to be buill. Surade Leeruangrsi, 165 West Las Tuna,S Drive' indicated he was concerned with the traffic and congestion in the area and with the types, of uses were allowed in the general commercial zone. Mr. Leeruangrsi was given a list of the permitted uses In the C-2 zone. Ms., Tse indicated !h,at this property has been owned byher'family for ten years. There are no plans to build on or sell the property; they just want more flexibility in the types of Uses which are permilled in the area. ' tvDTION Motion was made by Commissioner Szany, seconded by Commissioner Clark to close the public hearing. The motion passed by voice vote With ,none dissenting. Commissioner Clark indicated he did not have any problems with the zone change because C-2 was not that ,much more Intense than C-l. He did not' feel there would bean increase in traffic asa result' of this, zone change. Commissioner Hedlund felt that 'anything done, to Improve the property is, a step in the right direction and he was in favor of the zone change. Chairman Papay commented that he did not. have a problem with this zone change. He noted that'the uses permilled in the C-2 which are not permitted in'the C.l zone are pretty standard uses which do not create a lot of traffic and parking congestion. Uses that the residents have expressed, concern about such as restaurants, etc. would require a conditional use permit in' the C.2 zone. tvDTION Motion was made by Commissioner Hedlund, seconded by Commissioner Szany to direct staff to convey the Planning Commission's support of zone change .Z-88-005 to the City Council. ROll CAll AYES: NOES: ABSENT: Commissioners Clark, Hedlund, Szany, Papay None Commissioner Amato Chairman Papay Indicated there is a.five working day appeal period on zone changes. , , , -_._----------------------------- Arcadia City Planning Commission December 13, 1988 Page 3 \~ . . PUBLIC HEARING V-SS-002 66 East Foothill Boulevard Juan Antonio Bigon Consideration of a zone variance to convert an existing automobile service station into a , , garage by removing the underground fuel storage tanks and the service pumps The staff report was presented. Commissioner Hedlund asked what -the maximum width of a driveway could be on Foothill Boulevard. Staff indicated that the minimum driveway width Is 20 feet and that the applicants were not proposing any changes along Foothill Boulevard. In response toa question from Commissioner Hedlund staff indicated that they need such a large driveway on Foothill Boulevard to provide access to the bays. Juan Bigon, 66 East Foothill Boulevard, the applicant, indicated that he had no problems in complying with the conditions set forth in the staff report. Commissioner Szany asked Mr. Bigon if he was aware that all work must ,be done inside the building? Mr. Bigon Indicated that he was willing to comply with tha,t condition. No one else wished to'speak to this issue. WO'OON Motion was made by Commissioner Clark, seconded- by Commissloner'Szany to close the public hearing. The motion passed by voice vote with none dissenting, Commissioner Szany said he was concerned about the outside work being done on the premises. With, all , the other new construction being done on Foothill Boulevard, he was not. sure that this is an appropriate use of the site. If they can abide by the conditions set forth in the staff report he would be more in favor of this use. He was concerned about having an auio'!epair business on this corner which isa viable commercial area. If they do all the improvements on the site, it will be an i,mprovement to the area, however, he was very concerned about work being dorie on cars outside the building. Commissioner Hedlund indicated he had a problem-with the width of the driveway along Foothill Boulevard and would like to see the siz,e reduced and more landscaping provided along Foothill Boulevard. Commissioner Clark commented that this was certainly an improvement over what is existing on the sne today. Chairman Papay noted there are four bays and they really need the wider driveway apron to maneuver cars on ,the site. WOTDN Motion was made by Commissioner Clark, seconded by Commissioner Hedlund to approve V-88- 002 with findings an,d prerequisite conditiol)s A, B, C'and D on page 6 of the staff report and fiie a Negative Declaration and find that the project will not have a significant effect on the environment and direct staff to prepare the appropriate resolution incorporating the specific findings and conditions of approval as set forth in the staff report. Arcadia City Planning Commission December 13, 1988 Page 4 1 . . ROll. C_AU. AYES: NOES: ABSENT: Commissioners Hedlund, Szany, Clark, Papay None Commissioner Amato PUBLIC HEARING C.U.P. 88.030 1317 South Baldwin Avenue Steven K. and Diana Lau Consideration of a conditional use permit to operate a restaurant with seating for 52 patrons, and a modification request for 756 existing on-site parking spaces in lieu of 1,398 spaces per current parking standards Commissioner Szany indicated he would have to abstain from this hearing because he was involved with the project across the street which is' mentioned in this ,report. Chair[T1an Papay noted that ,a majority of the full commission is required to approve any request, this must be approved by the Planning Commission by a 3-0 vote. The staff report was presented. Steven lau applicant indicated he thought the shopping center needed ,a nice restaurant"and he agreed with the conditions set forth in the staff report. Chairman Papay reiterated that with Commissioner Szany having to abstain and Commissioner Amato absent, it would take a unanimous vote of the other three Commission members present tonight to approve this application. He wanted the applicants to be aware that they could request a continuance to the next meeting with the hope and expectation that there would be a larger number of Commissioners present. They need three votes for approval and there are only three Commissioners available to vote. The City Attorney noted that the City Council has expressed concern about the scenario which sometimes occurs when there are only three commissioners and If you get only two votes for approval the application is deemed to be not acted upon. Some people say it is deemed to" be denied, he liked to say that it is deemed not acted upon. Everyone must vote In favor to have this item approved and you do have the ri9ht to continue this item, whether you, observe t!1at right is up to you but we want to make ,that clear. Michael Pashie, one of the owners of the shopping center also agreed with the conditions set forth in "the staff report. As far as the three commissioners voting three to zero, he would like to listen to their recommendation" however, what he would like to do is voice his concern as owner of the shopping center and then continue this if necessary. .Mr. Pashie indicated they had remodelled the shopping center approximately two years ago. For the past two years they have heard a lot of complaints from the shoppers that this is a 350,000 sq. ft. shopping center and they come there and there are no restaurants and they have to go to the mall or to the Sizzler or some place else and the shop owners complaJn to us that they loose business. The only eating establishments in this center are the Subway Sandwich Shop which Is 700 sq. fl. and a croissant shop which is 450 sq. fl. As far as the Planning Commission's concern regarding the, parkln9, the center has never been full there is always at least 300 to 400 parking spaCes available. He commented that based upon the traffic study there are more than adequate parking spaces available during the peak Arcadia City Planning Commission December 13, 1988 Page 5 . . hours. The proposed restaurant is an upscale, high class restaurant with seating for 52 people. It is not a fast food restaurant, there will be no music and no entertainment. The site has been chosen because it is open to both Balilwin Avenue and the parking area. It is buffered on all sides from residential. During the peak hours there Is always 400 to 600 parking spaces available on the entire site. The 1,398 'spaces required by code is based upon all the basement areas and mezzanine areas which are either vacant or are designated for storage and warehouse. He felt the proposed restaurant would selVe a need within the center. Commissioner Hedlund felt there should be more input regarding the parking numbers. There was discussion regarding the parking requirements on the site and continuance of the meeting. Mr. Pashie asked that rather than looking at numbers look at the shopping canter and what exists today. It is 98% full and it is not as though they are going to bring more tenants In that are going to create more traffic. Every day there is at least 400-500 empty spaces. This genllemen's proposed restaurant only has 1,000 sq.ft. of dining area, even though it is 2500 sq. ft. He is willing to IimiUhe size to that. Commissioner Clark indicated that it was mentioned that 1 ;000 sq, ft. would be a dining area, but one area is noted as take-out. Mr. Pashie indicated that the take-out is for someone who comes In and wants to take the dinner out. It Is not a fast food. He does not want to have a fast food restaurant. Mr. Lau stat~d that if there was concern about having a take-out area, it can be eliminated. It is easier for people who come Into lunch .to take food out to have a separate area, but he \yould be happy to eliminate it. Commissioner Hedlund asked in the vicinity of this proposed restaurant are there many'empty parking spaces available behind the store during shopping hours. Mr. Pashie said there is area behind this facility available for parking. They expect to do 75% of their business during the evening. Immediately adjacent to Ross' the first rows are usually full, however, the second, third, fourth and fifth rows have spaces available. Staff indicated that in area A there are 94 spaces and the highest count we had was 72 stalls that were oC,cupied. This is not the normal, because the counts were being done during the Christmas season. On the average you .may have only 5004 of the spaces occupied. No one.else wished to speak,on, this item. WOIDN Motion was made by Commissioner Hedlund, seconded by Commissioner Clark to close the public hearing on C.U.P. 88-030. The motion was passed by voice vote with none dissenting. Commissioner Clark indicated that he really had some concerns coming Into tonight's meellng, however, he appreciated the comments made by the applicants. His concern had been allayed somewhat regarding how much parking would be generated by the restaurant. Arcadia City Planning Commission December 13, 1988 Page 6 . . Commissioner Hedlund said he was prepared not to be in favor of this because of parking. The location of this, however, will not Impact the residential people and will only impact the stores in the area; He was inclined to go along with this. Chairman Papay Indicated that the day time traffic to the restaurant would tend to be people that work or _shop in the center and there would be more foot traffic than car traffic. People that drive to the center in the evening will be going expressly to the restaurant. During the day time It is more of a convenience. Staff Indicated there .Is on-street parking on Naomi Avenue, however, It appears that the shopping center has not created a parking problem on Naomi. Chairman Papay commented that the impact on the residents should be negligible. Commissioner Clark said he feels the take-out area should be eliminated. M)IDN Motion was made by Commissioner Clark, seconded by Commissioner Hedlund to move for approval of C.U,P. 88-030, file the Negative Deciaratlon and find that the project would not have a significant effect on the environment and direct staff to prepare the appropriate resolution incorporating the findings and conditions of approval set forth in the staff report with the additional condhion that the take'out food area in the west end of the restaurant be deleted. ROLL CALL AYES: NOES: ABSENT: ABSTAIN: Commissioners Clark, Hedlund, Papay None Commissioner Amato Commissioner Szany Chairman Papay indicated that there is a five working day appeal period after the adoption of the resolution. . . . ----------------._--,--.-------- PUBLIC HEARING T.P.M. 88-21 220 West Duarte Road Henry Spurgeon Consideration of tentative parcel map to create two lots' from one lot The staff report was presented. Rick Shrodes wilh General Tech Engineering, 2610 South California Avenue, Monrovia, engineer, spoke in favor of the proposed lot split. They agreed with ali the conditions set forth in the staff report. No one else wished to speak on this' issue. M)IDN Motion was passed by Commissioner Clark, Seconded by Commissioner Szanyto close the pUblic hearing. The motion passed by voice vote with none dissenting. Arcadia City Planning Commission December 13. 1988 Page 7 . . Commissioner Clark indicated that the proposed lots meet all code requirements. Commissioner Szany indicated that it would be nice to see that the oak trees are saved on the lot. It was noted that there is a tree preservation plan required for identification of all trees on the site. M:)TKlN Motion was made by Commissioner Szany, seconded by Commissioner Hedlund to approve T entati1ie Parcel Map TPM 88-021 subject to the conditions outlined in the staff report and findings A-1, A-2 and A-3. ROLL CALL AYES: NOES: ABSENT: Commissioners Clark, Hediund, Szany,Papay None Commissioner Amato Chairman Papay advised that there is a ten day appeal period. PUBLIC HEARING MC 88-105 145 East St. Joseph Street Steven L. Jones Consideraiion .of a modification for a 34" projection .in the front yard in lieu of 30" for a split face masonry wing wall The staff report was presented. Commissioner Szany asked if they did not put the wing wall in would they have to take some of the glass out of the front of the building? Staff indicated that they would have to remove the awning from the front of the building. Tile building code as interpreted notes that any surface which is not perpendicular to the property line constitutes a surface which must be entirely non-combustible and without openings. Steve, Jones, 257 North Highland Place, Monrovia, owner of the project indicated that the purpose of the 'wall is fire related as it relates to the awning. Originally the wall was not on the plans and it was something that came up as a plan check correction. Block. comes in 8" modules and that is the reason the wall projects 34" rather than the 3D" alloWed bY code. The' wall is fully constructed with solid grout and steel. Maury Stewart, 1130 Oakwood Place, Sierra Madre, his office is at 141 St. Joseph, spoke in opposition to the request. His content was that the whole wall was in violation of the building code. If the architect did not allow for the fire code on the design of the canopy. He did not like the wall because it obstructs 'the. view of his office building. He noted that the canopy does not meet the fire code. He did not think it was right that the wall was there. The building is 30 feet tall and now the wall and canopy are encroaching within 'the front yard area. He fell it was a detriment to the whole street. Mr. Jones noted that he tried to resolve II by other'means, however, this was the only solution that met fire code requirements. The wall is there not for architectural reasons and it is not because he wants it, it, is there to meet fire code requirements. Arcadia City Planning Commission December 13, 1 988 Page 8 . . Mr. Woolard explained that the question is not whether the wall Is there, the question is whether it is 30' or 34~. The code allows architectural features, bullresses to encroach 30" into the setback. We look at this wall as not enclosing any building space and is similar to a buttress and they are allowed to encroach 30" into the front yard. This wall encroaches 32' to 34' and they are asking for an encroachment of 2".4' beyond what Is allowed by code. Commissioner Szany said to him it was not an arch~ecturaJ bullress. This is a wall that is encroaching into the front yard. It has to do that by code because the window is too close to the property line. You 'have to protect the openings when they are less than ten feet from the properly line. Stall explained it is not the window in the wall, but the awning Itself. The space undemeath the awning is considered an opening by the Building Division arid that is what has to be protected, not the glass because the glass is perpendicular to the properly line. Commissioner Szany said he thought If the awning was wrapped with gyp board which makes it one hour which is a protected projection it would be aUowed 5' from the properly line and the lire wall would not be,needed. There was further discussion regarding the interpretation of the code, the awning and the bullress and whether or not there was another solution to the problem. The City Allorney noted that this mailer is not before the Commission because the stall made a mistake, the mailer is before the Commission based upon the issues set. forth and even though Commissioners are certaJnly entitled to, express their opinion and present some knowledge of their own expertise, it is not necessarily evidence in these proceedings and he cautioned the Commission in supplanting their view for that of staffs in an area of the building code. Before they vote against a mailer they are beller off referring it back to staff for clarification or limiting their consideration to what has been presented by the Planning staff to the Commission. He. did not want 10 set a precedent of a Commissioner supplanting stafl'stec~nical view. If'there is something they have problems with it should be referred back to the building official's who are not here this evening. Otherwise he would recommend that they only vote on the issue of the 4" variance. Commissioner Hedlund indicated he wished they could reach a compromise. IvOTION Mallon was made by Commissioner Hedlund, seconded by Commissioner Papay to approve MC. sa.l 05 w~h the finding that it would prevent an unreasonable hardship. ROLL CALL AYES: NOES: ABSENT: CommiSsioners Hedlund and Papay Commissioners Clark and Szany Commissioner Amato Because of a,2-2 vote there is no decision. Commissioner'Clark indicated that before he takes action on this application he would like 'a Iillle more information about what took place with ,the Building Division. The City Allorney advised sending it back for further Information. Arcadia City Planning Commission December' 13, 1 gsa Page 9 . . M:>TioN Motion was made by Commissioner Clark, seconded by Commissioner Hedlund to refer this mailer back .to staff for more information and to check with the Building Department to see if there ""ere any other options available to resolve this problem and continue this mailer to the Commission's next meeting of January 3, 1989. ROLL CAlL AYES: NOES: ABSENT: Commissioners Clark, Hedlund, Szany, Papay None Commissioner Amato AUDIENCE PARTICIPATION None RESOLUTION 1395 A resolution granting conditional use permii 88-027 for the sale of liquor for off-premise consumption Withili 150 feet of residentially zoned property at 57 East Foothill Boulevafd. RESOLUTION 1396 A resolution granting conditional use permit 88-029 for one restaurant not to exceed 4,800 square feet at 1220-1300 South Golden West Avenue RESOLUTION 1397 A resolution granting conditional use permit 88-028 to operate three eating establishments with a combined floor area of 6,000 sq. fl. and a maximum seating for 12 persons .in each establishment. MOTION Motion was made by Commissioner Clark, seconded by Commissioner Szany to adopt Resolutions 1395, 1396 and 1397t6 formally' affirm the decision of November 22,1988, reflecting the findings of the Commission and the votes thereon. ROLL CAlL AYES: NOES: ABSENT: Commissioners Clark, Hedlund, Szany, Papay None Commissioner Amato MATTERS FROM COUNCIL Nor\e Arcadia City Planning Commission December 13, 1988 Page 10 . . MATTERS FROM COMMISSION MATIERSFROM STAFF ADJQURNtJENT None None 9:45 p.m. ", .<1 '/! 'fr7 '1;1"" " '",:<.>" , / ~)A.f..,,(V..l".y.1..) i:..c' i/jl)'I(":1j/:~~ _ Secrelary, Arcadia Planning Commission Arcadia CilyPlanning Commission December 13, 1988 Page 11