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HomeMy WebLinkAboutJULY 12, 1988 ; . . Planning Commission proceedings are taped recorded and on file in the office of the Planning Department. MINUTES ARCADIA CITY PLANNING COMMISSION REGUlAR MEETING Tuesday, July 12, 1988 The Planning Commission of the City of Arcadia met in regular session on Tuesday, July 12, 1988 at 7:30 p;m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Dave Szany presiding. PLECGE OF AUEGIANCE ROLL CAl:l: PRESENT: ABSENT: MOllON Commissioners Amato, Clark, Hedlund, Szany Commissioner Papay It was mov!ld by Commissioner Hedlund, seconded by Commissioner Clark to excuse Commissioner Papay from tonight's meeting. The motion passed by voice vote with none dissenting. MiNUTES MOllON It was moved by Commissioner Hedlund, seconded by Commissioner Amato to approve the Minutes of June 28, 1988 as published. The. motion passed by voice vote with none dissenting. ELECTION OF OFFICERS MOllON It was moved by Commissioner Hedlund, seconded by Commissioner Amato to nominate Commissioner PapliY l!!l ttle Chairman. The motion passed by voice vote with none dissenting. - - - It was moved by CommisslClner Amato, seconded by Commissioner Hedlund to nominate CommissiClner Clark as the Chairman Pro-Tem. The motion passed by voice vote with none dissenting. MOTION It was moved by Commissioner Clark, seconded by Commissioner Amato to read all resolutions by title only and waive reading the full body of the resolutions. The motion passed by voice vote with none dissenting. , t' '. . . OTHERS ATTENDING: Council Walson Mary Young City Attorney Michael Miller Planning Director William Woolard Senior Planner Donna Butler Associate pianner Corkran Nicholson Associate Planner Wilfred Wong Secretary Silva Vergel ~ - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . -. - The City Attorney announced that the City Charter requires that for any action to be adopted or approved a majority of the entire membership must vote in favor of he particular motion. If the required three votes are not obtained the motion would fail. If the required three votes are not obtained (t) an applicant may request continuance and it is up to the Commission to decide whether or not they want to grant it; (2) the matter could be heard and then deferred for final decision pending participation of'the absent members as long as they review the records of this proceedings which would be made available to them or (3) the matter could simply go forward to the City Council. Z-88-003 was previously referred to as Z-88-001 PUBLIC HEARING Z-88-003 661 W. Camino Real & 1425-1441 Melanie Lane Consideration-of a zone change from R-2 (medium density multiple;family zone) to R-1 (second one-family zone). The staff report was presented and the public hearing was opened. Mr. Peterson, 661 W. Camino Real spoke in opposition to the zone change. He felt that his property will lose value and said that his property serves as buffer for the homes on Mela.nie Lane. He said that in speaking with staff, he was told that the alley is the buffer between the parking lot and his property and he explained that that isn't so because the alley Is really an extension of the parking lot and Is wide enough for cars to back out from the parking spaces and said that on many occasions cars have hit hls.fence because the alley is so narrow. He commented that across the street from his house there is a new 9-unit project being developed on an R-2 property which serves as a good buffer between commercial and residential. He thought that his property should remain as- R'2. Vartkez Seropian, 23714 Falcons View, Diamond Bar, was concemed that the zone change would result in a loss of. substantial property value and cause a financial hardship for Mr. Peterson. Mr. Peterson is in the process of selling his property and the new owners may not be interested In purchasing the property if the zone change goes through. He thought thatthe zone change would. be appropriate for the properties on Melanie Lane but not for the property .on Camino Real. He remai'!led that the property on Camino Real serves as a very good buffer between commercial and residential properties. Mrs. Lee, t429 Melanie Lane, submitted a petition with the signatures of several of the properties In favor of the change. Arcadia City Plannll)g Commission July 12, t 988 Page 2 i . . ~ It was moved by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vole wi.lh none dissenting. Chairman Szany wondered if the property on Camino Real could remain as R-2. He didn'lthink that someone would spend a 101 of money to build a single-family house behind Bob's restaurant. It was noted that the property could probably be developed with a 2'unit project and remarked thatlhe building could be as high as 35' and have a 10' setback from the property line. However, such a development would not be consistent with the General Plan, Commissioner Hedlund was in favor of rezoning the properties on Melanie Lane and thought that the property on Camino Real should remain. as an R-2. MOTlON It was moved by Commissioner Clark, seconded by Commissioner Amato to recommend approval of' Z-BB-003 to the City Council with the exception that the property at 661 W. Camino Real remain as an R-2 property. ROLL CALL: AYES: IO:S: ABSENT: Commissioners Amato, Clark, Hedlund, Szany None Commissioner Papay - - - - - - - - - - .' - - '_ - - w"w _ _ _ _ _ _ _ _ '_ _ _ _ _ _ _ _ _ _ It was noted that T.P.M. 88-15 and MP 88-21 are for the same properties and any testimony for either Items should be given during the publiC hearing section of the process. PUBLIC HEARING T.P.M. 88-15 1305 Santa Anita Chris Construction Co., Inc. Consideration of a lot split to create two lots from. one lot. The staff report was presented. Staff remarked that if the modification application was denied then the lot split would probably not work out The modification is fora 30' setback in lieu of the. 50' and the lots north ofthe project have 50' setbacks. If the lot width is Increased to 85' thlm staff woiJld be in favor of granting a 30' setback In lieu of ths 50' requested by the applicant. It was noted that If this was approved the house on Lot 1 should have more architectural treatment. on the Santa Anita site. The public hearing was opened. Chris Bade, Chris Construction, 909 S. Santa Anita, the developer said that they concurred with staff's recommendations. In reply to a questions from the Commission, Mr. Bade said that he anticipated that the hCluse on the corner and the interior lot would.be 3500 and 3BOO sq. ft. respectively. Arcadia City Planning Commission July 12, 19BB Page 3 f . . Kathryn Longo,S W. La Sierra, was opposed to the requested setback modification. She said thaI her house and the houses to the north of the project are all setback 50' and didn't think that their request should be. granted. She was also against the 6' high wall and remarked that It would not be oompatible.. She felt that this would change the. look of the City and said that Arcadia use to have big yards and homes but now it seems as ifit is becoming a City with bigger houses and smaller yards. David Olson, Chris Construction, 909 S. Santa Anita, said that the proposed homes will comply with the new regulations. The height of both the homes will be less than what .the Code allows. M01lON It was moved by Commissioner Amato, seconded by Commissioner Clark to close the public hearing. The motion passed by voice vote with none dissenting. Staff explained that at the applicant's request both the lot split and the modification are being considered by the Commission. The Modification Committee would normally consider the modification after the approval of the lot split. Chairman Szany said that comer lots change the profile of the.street. He felt that if the modification was granted It would set a precedent. Commissioner Hedlund said that 4 houses around the property have 50' setbacks and he didn't think that the setback should be changed. He noted that he would not want a 70' wide lot for Lot 2 and said that he didn't want tCl deviate from Code. Commissioner Amato agreed with Commissioner Hedlund. Commissioner Clark felt that since the surrounding homes all have 50' setbacks the impact and affect of ihe modlficailon would be magnified. He felt that withoutths granting of both requests the development would not be able to go through. MOTlON It was moved by Commissioner Hedlund, seconded by Commissioner Amato to deny T.J>.M. 88-15 with Findings 0.1, 0.2, 0.3, 0.4 and 0.8. ROLL CAlL: AYES: l\O:S: ABSENT: Commissioners Amato, Clark, f;ledlund, Szany None Commissioner Papay There Is a ten day appeal period. .... -';" -........ ..'", ....- ................ -''''.................... .;'............ Consideration of modifications from the property line for a 30'-0' setback along Santa Anita Avenue in lieu of 50'-0. required. The staff report was presented and .the public hearing was opened. Arcadia City Planning Commission July 12, 1988 Page 4 PUBLIC HEARING MP 88-021 1305 Santa Anita Chris Construction Co., Inc. . . . . The testimony was heard during the public hearing section of T.P.M. 88-15. M01lON It was moved by Commissioner Clark, seoonded by Commissioner Amato to deny MP 88-021 with the finding thaUhe use is not unique based on the evidence presented_ ROLL CAlli AYES: /ID':S: ABSENT: Commissioners Amato, Clark, Hedlund, Szany None Commissioner Papay There is a fIVe working day appeal. PUBUCHEARING C.U.P. 88-18 141 W. Las Tunas Dr_ Holly Oaks Christian School Consideration of a. oonditional use permit to expand the existing preschool to allow kindergarten through eighth grade classes and increase the number of students from 48 to 58. The staff report was presented. Staff explained that on June 11, the County oontacted the City informed us that' an affidavit was filed by !heschool to oonduct.a school. The County requires thatthe school get an affidavit..and approvals from the local Fire and Health departments. It was noted that there are no regulations for private schools. Staff felt that the site doesn't have adequate parking and outdoor play area, it is appropriate for'a preschool but not for a school from K-8. The Fire Department has stated that-the site can accommodate 58 students. Staff mentioned that the City has received some Complaints but they have not been. related to the preschool. The public hearing was opened. Dr. Gattuso,.370 W. Las Flores, was representing the school. He remarked that he was surprised that the City was not aware of the classes from K-6 grades. He said that he thought they oould run the school and noted that the County Health Inspector has inspected their school annually. He explained that as soon as they were notified that an affidavit was required, they obtained one but then it was lost by the County. He oommented that they have exceeded all the standards' set by.the City and remarked thatthey have not had anyoomplaints; He remarked that they were unaware that they were violating the Code and when they were notified, they filed for the c.u.p. to bring their operation Into oompliance. He explained that they have 21 children in the preschool and the rest are enrolled in the elementary school. They have approximately 75 sq. ft. of play area for each child in the back which is approximately 4300 sq. . ft. and oommented that this figure doesn't include 730 sq. ft. of parcel area and 2000 sq. ft. in the front of the building. The recess, lunch, and the P.E. hours are rotated so there aren't too many children in the yard at anyone time and he felt that there is plenty of space for each child. He oommented that there are no rules, regulations or laws that govern private schools and said that the school Is not a massive project. He mentioned that they have 15 students from.grades 2-7 and he broke it down to 2.1 preschool; 1.5 for the kindergarten and the rest for the elementary. He said that they are currently in the process of locating another facility. In regard to the parking lot Arcadia City Planning Commission July 12, 1988 Page 5 , . . he explained that there are 2 parking spaces along the south property line adjacent to the landscaped area. He said that most people car pool and they have never had a parking problem. Staff concurred with Mr. Gattuso and said that there are 2 legal parking spaces adjacent to the parkway and the landscaped area along Las Tunas. Mike Miller asked Mr. Gattuso if he was aware of Reso. 1237. He asked whether he knew about C.U.P, 83-9 which was heard before the Commission in May of 1983. Mr. Miller inquired as to how Mr. Gattuso could be unaware of.official resolutions governing property that he purchased. Mr. Gattuso remarked that he was unaware of both the C.U.P. and the resolution. He commented that Mrs.Zahody (the previous owner), had applied for the C.U.P. for .her own use and had informed them t~at the property could be used as both a school and a preschool but if they were interested in utilizing the property for church purposes a c.u.p. would be required. He indicated that they applied for the C.U.P. when they were made aware of the violation. In response to Commissioner Hedlund's questions, Mr. Gattuso said that neither the County nor the Department of Education regulate private schools. He alsO commented that the State Code has no provisions about the proximity of liquor stores to schools. He stated that their main concerns are the welfare and the academic training ofthe children. During rainy seasons the children. stay inside and there is sufficient space for them, the building is approximately 2300 sq. ft. Commissioner Amato remarked that that would be approximately 35 sq. ft. per child. Mr. Gattuso assured the Commission that there is plenty of room for the children. Jim Anville, a parent of. one of the children who attends the school, rel1larked that he looked very long and hard before deciding to place his children In the subject school where they have been attending for the past 3 years. He said thattheschool offers a fine educational environment and is a very good Institution. In his opinion, the school is superior to public schools and if the request is denied, the greatest impact will be on the children who attend the school. Judy Marion, 435 1/2 Concord, Monrovia, commented that her 2 children attend the school. She felt that they receive. quality education which Is far superior to any provided by any public schools. She wanted the children to have continuity in their education and said that this situation is temporary since the school is looking for another facility which would allow the extension of growth. She indicated that she is a single parent and she has.topay for the education of her children and said that she would not pay for an inadequate situation. Jack Kabur, 2885 W. Tenth, agreed with the Iwoparents who bring their children to the school and said that his children have been going to the sChool since 1984. Jackie Milton, 136 W. Sandra, remarked that her property backs onto the school. She remarked that her children attended the prE!school prior to the new owners. She said that she had noticed that after the sale of the property the noise .level did increase. She was concerned about the range ofthe children's ages and didn't think that they should be able to Increase the number of the children attending the school. She said the property is kept up and remarked that she didn't think that the children could play In the fi'ont and, therefore, that area should not be included in the total play area. She indicated that the play yard may not be,crowded due to the rotation of the recess, lunch and P.E. hours but the neighbors are the ones that get all the noise due to the rotating time. She thought that the site Is suitable for a preschool but not for a school. She remarked that when her children attended the school, graduations were held there and it was very small. Arcadia City Planning Commission July 12, 1988 Page 6 , . . Willard Hagen, 135 Las Tunas, commented that he didn't think that older children and younger children should be mixed together. In rebuttal, Dr, Gattuso said that the preschool operation is separated from the elementary school and Indicated that C.U.P. 83-9 required S parking spaces on the site. He remarked that they don't hold graduations there because it would be very small to hold such an event there. He commented that their operation fils well on the site and noted that a much more intensified type of a preschool would not be suitable for the site. He Indicated that the signatures that Mrs. Millon had submitted to the Commission were not In the 300' radius. Sarah Lee Georgio, 311 Wildrose.the Director, commented that they surveyed 20 households in the immediate area and 9 had no problems with the operation, 2 were in favor of it and thought that irwas a good idea, 4 were concerned about the noise and S.were not available. MrS. Milton informed the Commission that all but 2.3 persons that she contacted were contacted by Ms. Georgia. MOTKlN It was moved by Commissioner Amato, seconded by Commissioner Clark to close the public hearing. The motion passed by voice vote with none dissenting. Staff remarked that the Commission may approve the C.U.P. and condition its approval to limit the number of students in the. preschool to 21 but it would be difficult to monitor the number of kids per grade. .It was noted that the C.U.P. goes with the property. Commissioner Clark said that before Mr. Gattuso's explanation In. regard tp the rotation of the recess and lunch hours he was concerned about the noise but he felt that the rotation will resolve that concern. He suggested a compromise and sai~ thllt if the school would comply with a maximum of 48 students he would be in favor of granting the C,U..P. Commissioner Hedlund said that the property is somewhat small and even though they may be getting quality education it is beyOnd the Commission's capabilities to regulate private schools. He had no problems with the preschool but was' concerned about the elementary school. Mi'. Miller remarked thafsince 1975 there has been a preschool on the site and, said that there must have been some rationale for the limitations set by the previous Commission. Commissioner Amato agreed with Commissioner Hedlund and suggested granting the C.U.P.for one year and requested to open the public hearing in order to ask Dr. Gattuso whether they are in the process of trying to locate another facility. MOTIaII It was moved by Commissioner Amato, seconded by Commissioner Clark to re.open the public hearing. The motion passed by voice vote with none dissenting. In answer to Commissioner Amato's question, Dr. Gattuso replied that they are in the process of looking for another facility and anticipated the move in approximately 1 year. Arcadia City Planning Commission July 12. 1988 Page 7 , . . MOTKlN It was moved by Commissioner Amato. seconded by Commissioner Hedlund to close the public hearing. The motion passed by voice vote with none dissenting. Chairman Szany asked the City Attorney if it would be possible to grant the C.U.P.'/or one year. Mr. Miller noted that it would be possible if ths applicant would be willing to sign an agreement to that effect. After the set time then the C.U.P. would revert back to the original C.U.P. The consensus of the Commission was favorable. MOTKlN It was moved by Commissioner Amato seconded by Commissioner Clark.to approve C.U.P. 88-18 subject to the conditions in the staff report with the additional condition that the c.ll.p. include kindergarten through 8th grade shall be in effecHor one year until September 1. 1989. and said permit shall then revert back to the preschool with an enrollment of 48 students. Thai as a condition of allowing the conditional use permit until September 1. 1989. the applicant shall sign covenants and agreements as prepared by the City Attorney binding himself, the school and any successor(s) in interest to this condition. Consistent with this condition, applicant shall document to the . satisfaction of the Arcadia Planning Director, that all students and their guardians or parents are notified. ROLL CALL: AYES: II(E): ABSENT: Commissioners Amato, Clark, Hedlund, Szany None Commissioner Papay There is a fIVe working day appeal period after the adoption of the resolution. PUBLIC HEARING MP88.19 1001 Fairview Ave. Mei Cien Huang Consideration of a modification to permit the guest parking spaces to be. separated in lieu of the requirement that they be located together fora proposed 10-unit residential condominium 'project. The staff report was presented. Staff indicated that the project exceeds all requirements. The public hearing was opened. Paul Un, 520 Los Altos, said that they are in .agreement with all ths conditions set by staff. Arcadia City Planning Commission July 12. 1988 Page 8 '1 . . MCJTl(X\j It was moved by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Clark liked the project and said that it is a good improvement. MO'T1OO It was moved by Commissioner Clark, seconded by Commissioner Hedlund to approve MP 88-19 subject to the conditions In the staff report. ROll CAll: AYES: fo.CES: ABSENT: Commissioners Amato, Clark, Hedlund, Szany None Commissioner Papay There is a five working day appeal period. PUBLIC HEARING MP 88-20 45 EI Dorado St. John Wu Consideration of modifications for a 2-unit condominium. The staff report was presented. Staff commented that the ale unit could be mounted on the roof but it would have to screened from view. It was suggested that if it was mounted on the roof a recessed area be designed on the roof over the guest pai'king or the garage. Commissioner Hedlund remarked th!lt he was not pleased with the guest parking and the garage and he felt that it was not a good situation but it was better than having a straight in driveway and would elimlnate,the requested modification but would not be as desirable. The public hearing was opened. Jack Wood. 200 Pier; Hermosa Beach, explained that the reason forthe design of-the driveway was to hide the garage from the sireet. He noted that they would be willing to place the ale units on the roof. however. they would prefer that they stay on the ground to minimize the .vibration. They are In agreement with all of the conditions in the staff report. In response to questions from the Commission, Mr. Wood said that the they will help form an HOA which will be mainly for the property maintsnance. MCJTl(X\j It was moved by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. Chairman Szany remarked that he would prefer to see ale unit In the back so It is not visible. Arcadia City Planning Commission July 12, 1988 Page 9 , . . Commissioner Amato agreed. Staff said that the approval.could be conditioned that a recessed well area on the roof and the screening can be subject io the approvai of the Planning Department. M0110N It was moved by Comniissioner Clark, seconded by Commissioner Amato to approve MP 88-20 subject to the conditions in the staff report with the additional condition as stated above. ROLL CALL: AYES: t-aS: ABSENT: Commissioners Amato, Clark, Hedlund, Szany None Commissioner Papay There is a fIVe working day appeal period. ~ - - .. - ... .-. .. .. -,'. - - .. .. .. .. .. .. .. -,- .. .. .. .. .. .. .. .. .. -.- .. - . . PUBLIC HEARING T.A. 88-002 Consideration of a text amendment requiring a conditional use permilwhen adjacent to residentially zoned property for retlilil businesses selling liquor for off-premise consumption, and retail businesses selling goods and products to the public on a walk in basis which are open more than sixteen (16) hours per day, or which are open to the public any time between 12:00 midnight and. 6:00 a.m. This text amendment will also establish restrictions pertaining to said retail businesses. The staff report' was presented. Councilwoman Young remarked that she didn't like the hours of delivery as proposed from 7:00 a.m. - 10:00 p.m. and wondered if it could be changed to the same hours for gardeners and construction which is from 7:00 a.m. - 7:00 p.m. Staffremarked'that those hours are the same hours' which are in the C:U:P. section of the. Code. Mr. Woolard stated that the above hours would also apply to large supermarketsosuch as Vons, Ralphs. Mr. Miller suggested surveying other cities and If other cilies do that then Arcadia might also be able to impose such a condition. Staff said that a study was done approximately 2 years ago and the study showed that delivery hours are from 7:00 a.m. - 10:00 p.m. The public hearing was opened. Arcadia.City Planning Commission July 12, 1988 Page 1 0 . . . MOTION II was moved by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenling. M01lON II was'movedby Commissioner Amato, seconded by Commissioner Clark to recommend approval of T.A.88-002 to the City Council. ' ROLLCALL: AYES: NCES: ABSENT: Commissioners Amato, Clark, Hedlund, Szany None Commissioner Papay AUDIENCE PARTICIPATION None .. -.. -......... -- ....- -------... -- -- --- ---.... --.. RESOLUTION 1379 A resolution granling C.U.P. 88-015 to operate an eating establishment at 156 W. Las Tunas Drive RESOLUTION 1380 A resolution granting C.U.P. 88-017 for an 18-unit residential condominium project to be within a general commercial zone at 748-756 Naomi Avenl!e. Mr. Woolard read the titles of the resolutions. MOTION It.was moved by Commissioner Clark, seconded by Commissioner Amato to adopt Re!;9lutjons 1379 and 138,0 to formaliy affirm the decisions of June 28, 1988; reflecting the findings of the Commission and the votes thereon. ROLL CAll.: AYES: 'r-Gs: ABSENT: Commissioners Amato, Clark, Hedlund, Szany None Commissioner PliIPay There is a five working day appeal period. MATTERS FROM COUNciL None .. .. .. .. .. ... .. .. .. .. .. .. .. ..,.. .. .. "," .. .. .. .. ... .. .. .. .. ... .. .. .. .. .. ... .. Arcadia City Planning ComlTlission July 12, 1988 Page 11 . . MATTERS FROM COMMISSION None MATTERS FROM STAFF None ADJOURNMENT 10:30 p.m. Culilt/J51t1..j l/J&j-h.l/.~ ~ Secretary, Arcadia Planning Commission Arcadia City Planning Commission July 12, 1988 Page 12