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HomeMy WebLinkAboutAUGUST 9, 1994 I, . . MINUTES Arcadia City Planning Commission Tuesday, August 9, 1994 7:15 P.M. In the Council Chambers Planning Commission proceedings are tape recorded and on file In the office 01 the Planning DMslon. The Planning Commission 01 the CUy 01 Arcadia met in regular sessionol! Tuesday, August 9,1994 at 7:15 p.m. in the Council Chambers 01 the Arcadia City Hall, 240 West Huntington Drive, with Chairman Bob Daggett presiding. ROLL CALL PRESENT: ABSENT: MOTION Commissioners Daggett, Murphy. Huang, Kovacic, Clark Commissioner Kovacic It was moved by Commissioner Clark, seconded by Commissioner Huang to excuse Commissioner Kovacic Irom tonight's meeting. The motion'passed'by voice vote with none dissenting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Butler remarked thanhe Commission was given a letter in opposition to the zone change. QUESTIONS FROM PLANNING COMMISSION . CLARIFICATION OF AGENDA ITEMS None TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMiSSiON ON NON.PUBLIC HEARING MATTERS (FIVE MINUTES liME LIMIT PER PERSON) None OTHERS ATTENDING: Council Member Baibara Kuhn CUy Attomey Michael Miller Assistant Community Development Director/Planning, Donna Butler Associate Planner, James Kasama Assistant Planner, John Halminski Secretary, Silva Vergel 1. MINUTES OF 7/12/94 Motion It was moved .by Commissioner Huang, seconded by COmmissioner Clark to approve the Mimites as amended. The motion passed by voice vote wUh none dissenting. . . PUBLIC HEARINGS 2. CONTINO ED PUBLIC HEARING MP 94-005 205 E. Laurel.Ave. Bemard Attenbach, designer for Thomas Taquino Consideration of modifications to legalize a garage converted Into a recreation room, and to add a new two-car garage. The staff report was presented. In answer to questions trom the Commission, staff said thaI the setback for an attached garage is 25'.0' and 3'-0' for detached. The architect has proposed a flat roof instead of a hip roof. The architect has been Info,rmed of providing a viSibility angle, which may require someatterations of the block walls at the comers where it meets the alley, and he did not object. There is no homeowners association, The extent of architectural discretion is limited to its relevance with the modification thaI Is sought. Commissioner Murphy remarked that allat roof is not uniform. The public hearing was opened. In Favor BemardAltenbach, 1015 Galey, Los Angeles. the architect of the project, said that they are in agreement with all of the conditions in the staffreport, NO.one else spoke in favor'or in opposition to this Item. MOTION It was moved by Commissioner Clark, seconded by Commissioner Huang to close the publiC hearing, The motion passed by voice vote with none dissenting. Commissioner Clark said he has reviewed the minutes from theflrsl public hearing and based on what is before the Commission tonight, the. revision is a major Improvement. The requested modllications are minor and the development would provide a good improvement. Commissioner Huang said the revision Is a great improvement. Based on the site, plan, the proposedrearcyard coverage is 33% in lieu of the original 71 %, Commissioner Murphy agreed with regard to the improvement but he preferred a hip roof over a flat roof. MOTION tt was moved by Commissioner Clark, seconded by Commissioner Murphy to approve MP94-o05subject to the conditions In the staff report. ROLL CALL AYES: NOES: ABSENT: Commissioners Clark, Huang, Murphy, Daggett None Commissioner Kovacic Chairman Daggett noted there is a five working day appeal period. Appeals should be filed by Tuesday, August 16. Arcadia City Planning Commission ei9/94 Page 2 . . 3. PUBLIC HEARING CUP 94-007 400 W. Huntington Or. Terrl S. Sweeney for Beverly Ent. Consideration of a conditional. use permit for a one'story 2,282 sq. It. fherapy facilities addition to a 99 bed skilled nursing center. The addition wili'be attached to the north end (front) of the existing west wing. The staff report was presented and the public hearing was opened. Terri Sweeney, 400 W. Huntington Or., said they are in agreement wifh all ol'the conditions in the staff report. The proposed addition will help the quality of life lor the patients. The expansion will provide for higher rehabilitation and meet the goal for a higher functioning level for the patients and help them return to their homes sooner. In response to a question by Commissioner Murphy, Ms. Sweeney said there would be no additional slaff as a resuit of the expansion. Larry Saindon, 428 W. Huntington Or., was concerned about the setback on Huntington. In his observation, most of. the buildings on Huntington have more tharl a,50' setback. The proposal will have a 35' setback from Huntington and he was concemed that it would degradate the green area. He feit the area might look more crowded and the addition mighlinfringe on the beauty of this wide street. He was, in favor of improving the quality of life for their residents but wondered if there are any other alternatives? Commissioner Clark asked what the front,setback at 428 W, Huntington? Staff replied thatthe building at 428 W. Huntington wasgranled a modification for a 35'frontyardset back off of Huntington to the covered walkways in front of the building. Commissioner Clark'said the subject property is one of the mos\heavily landscaped lots in the City. He said that once the new trees and Shrubbery become more lush, it will. provide a' softer appearance. Mr. Saindonwas concemed with the commercial look and said once the two large trees are removed it will take away from ,the property. Commissioner Clark quoted the section from the staff report regarding the landscaping and the applicant'S willingness to provide whatever landscaping is deemed reasonably necessary to mitigate the loss of these large trees. He feit confident thatthe applicant would provide adequate landscaping. No one else spoke in favor or in opposition to this,item. MOTiON It was moved by Commissioner Cla~, seconded by Commissioner Huang to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Clark did not object to the setback modification, He Indicated that the 'setback of the addition will not be less than the building to the east. This prqperty is heavily landscaped which will mitigate the harshness. Commissioner Murphy was pleased with the addition of two parkIng spaces especially since there will be no additional staff. He agreed with Commissioner Clark regarding the landscaping and liked the addition. In response to questions from Chairman Daggett. staff presented the materials sample board. MOTION It was moved'by CommissionerClark, seconded by Commissioner Huang to approlie CUP 94-007 subject to the conditions in the staff report. Arcadia City Planning Commission 8/9/94 Page 3 . . ROLL CALL: AYES: NOES: ABSENT: Commissioners Clark. Huang, Murphy, Daggett None Commissioner Kovacic Chairman Daggett noted there is a five working day appeal period.alter the adoption of the resolution which will be on August 23. 4. PUBLIC HEARING MP 94-006 1743 Claridge St. Robert Ogle Consideration of a proposed below grade two-car garage addnion to the main dwelling In lieu of Municipal Code Section 9252.2.21., which prohibits below grade or subterranean parking without an approved modification. A single-story master bedroom addition Is also,proposed: directly above the new garage area. Mr. Miller"remarked that' Mi. Ogle is a retired City Attomey from,Culver Cny and many years prior to that he. was the City Attorney of Arcadia. The staffreportwas presented. Ms. Butler said the Intent of the Code was to allow considerationfor'any type of subterranean garage, and anything below a certain grade level Is considered to be subterranean. The subject property is elevated from the street and the proposal meets the definition of a subterranean garage, The provisions of the Code do not specifY that i"has to beona down or up slope. This me.ets what code considers subterranean. There will be no grade change for the house. The intent was to pullin level off the street, so they had to lower the entire pad of the garage. Commissioner Clark said this has the appearance Of a split level home. The public hearing was opened. Robert Ogle, 1743 Claridge St., was in agreement with all of the conditions In the staff report. He explained that presently there is a single-car carport and the only way to get a.two-car garage and a third bedroom"without building at the present grade, is to use the proposed plan, In order to aVOid the modification, they would have to leave the driveway as is and build a two-story at the level of current pad, which he feil wo'uld look awkward and is a less desirable development. MOTION It was moved by Commissioner Clark, seconded by Commissioner Huang to close the public hearing. The motion passed,by voice vote with 'none dissenting. Commissioner Clark was concerned with the drainage, but noted that it complies with the present code and is a nice improvement, Commissioner Murphy agreed and said it is a nice aiternative. It does not look like a monument. Commissioner Huang was in favor of the project. Ms. Butler indicated that the property is not In an homeowners association. MOTION It was moved by Commissioner Clark, seconded by Commissioner Murphy to approve MP 94-006 subject to the conditions in the staff' report, Arcadia City Planning Commission ,8/9/94 Page 4 . . ROLL CALL: AYES: NOES: ABSENT: Commissioners Clark, Huang,Murphy, Clark None Commissioner Kovacic Chairman Daggett noted there is a five working appeal period - appeals should be filed by August 16. Mr. Miller responded to Inquirles by Commissioner Murphy.. that neither he nor Commissioner Clark, would have a conflict 01 interest, because their property is in the existing Highland Oaks Homeowners Association (HOAl. 6. PUBLIC HEARING Z 94-001 Consideration of a zone change adding a "0" design overlay for single-family zoned properties bounded by Virginia Ave. on the north, Santa Anita on the wesl, Highland Oaks on the east and extending to the east. end of Sycamore,. and to the rear of the commercial properties fronting on the south side 01 Foothill Blvd. If this zone change is approved, anyadd~ions or exterior alterations made to the property will be subject 10 the HOA Regulations and require approval by the Highland Oaks HOA. Mr. Miller respoildedto inquiries by Commissioner Murphy, that neither he nor Commissi.oner Clark, would have a conflict of interest, because their property is in the existing Highland Oaks Homeowners Association (HOAl. The staff report was presented. In response to a question by Commissioner Huang. staff said in order for an annexation to be considered, the signatures of 60% of the homeowners In the annexation area must be obtained,. indicating lheir interest. In this case, Ms. Papp obtained signalures of 63% of the, homeowners in the annexation area. Their signatures indicate approval of the annexation, including the zone change. Ms. Butler clarified that properties on Whispering Pines; Valencia Way orthe properties w~h access from Foothill Blvd. are not il1Cluded in this annexation, Mr. Miller explained the procedures for consideration of an annexation and said that these regulations came about after the property owners in south Arcadia tried to form an association. The signatures of 60% of the property owners, or persons with interest inthe afiected area must be obtained, in order for any annexation to be cOnsidered. The homeowners shO~ld also be given certain Information making them aware of whattheir signature means. Ms. Buller expanded and said ,that the property owners received handouts explaining the purpose of lhe HOA and their functions in relation to the neighborhood. The publiC hearing was opened. In Favor Carolyn Papp, 1203 Oakwood. said that she has been worlling on this for the past year. She has tried to' contact all the property owners, some were out of the country and some homes were rentals. There were about 10 homeowners who were against the annexation and ~ seemed that they had a negative experience or feeling with HOAs, some stemming from condominiums. The City has had a good worlling relationship with the Highland HOA. An HOAwillhelp maintain the area, maintain property values and benefit the area. Ralph Bicker, 101 Whne Oak, Chairman of ArChitectural Review Board (ARBl for the Highland Oaks HOA,.sa.ld their association is in favor of the annexation, He referr:ed to the second paragraph on page three of the staff report regarding roof materials, and said the roof materlalashould be compatiblew~hthe'annexed area and not the existing HOA, because some materials in the proposed annexation area may not be compatible with those in the existing . HOA. He thoLight,a better clarlfication of roofing materials is needed and Indicated that when they review homes in this area, they will take' into consideration the surrounding properties, because whal maybe appropriate for lhe existing HOA may not be compatible with the,annexed area. ArcadiaC~y Planning Commission 8/9/94' Page 5 . . Ms. Butler said that Mr. Bicke~s suggestion will be incorporated into the stall report lor the City Counclt In ODDoslllon Edward Melca~, 1212 Oakwood. did not object to the HOA per sebut he did not want his property to be.included and asked that his property be exempt. He lelt there is enough government and did not want the HOA dictating to him what he can and cannot do on his property. He has been residing at this address lor the past two years, and the previous. owner signed the petition in favorof the zone change, but since he Is the property owner 01 the property, he would like to have the prior owne~s signature removed from the pemion. Mr. ~iIIer said n his property is wnhin the territory that.is prescribed, n is aU inclusive and this zone change relates to property not specnic owners who happen to be there. The HOA is established by ordinance and resolutions of the City-and n n.ls done fora specnic area. ~ has to include every home in that area and nobody can be exempted out -n is more or else an aU or nothing propos~ion, ' Mr. Metcalf asked how one can go about protesting this zone change? Mr. Miller answe'red that there will be another opportuntty to voice opposition before the City Council, who makes the unlmate decision. In answer to questions regarding the court's view of, HOAs and ADR. Mr. Miller advised that they tlave favored design review in the last 15 years. It Is a delegated design review. where the Cny Council has helped perpetuate previously existing HOAs and has delegated.to a quasi-private organization. Courts have sustained that approach because the property owner is.provided considerable due process of law, Property owners are given ample opportunny not only to be heard before the HOA but-also have"he prerogative to appeal the HOA's decision to the Planning Commission and then to the City Council. In the court.s opinion that makes it valid. Also, in the ordinance, to the extent possible, the Cny establishes crneria and guidelines for the HOA. Cletus Verlato, 1509 Highland Oaks, ten there would be problems wnh,this HOA. as it is drawn upand"explained that he resides In TRACT 15073 that has 13 lots. and II already. has an HOA which was setup in the CC & Rs of the original tract. These CC & Rs were set up in 1960 and every ......enty years. n is automatically renewed and the last renewal was in 1990. ~ this Is approved. there will be an existing HOA within an HOA. He Inquired wha,t would happen to the existingCC & Rs? What would happen n the.ir HOAapprovessometh!ng but the Highland Oaks HOAdoes not approve? He submitted a copy of the CC & Rsthe wayn was set up. and the only way it can'be extinguishedwould be by vote of the majorny of the lots. He did not wanno.be annexed into the Highland Oaks HOA. Commissioner Clark said thathe was not aware of their association. Mr. Miller noted that this zone change presumes that there is no HOA in the area. Ms. Butler commented that there are many private CC & Rs throughout Arcadia.that the City l1asno control over. The Cny does not recognize or enforce private CC& Rs. However, the HOA is recognized by the Cny and established by the zoning regulations. . Mr. Verlatosaid their CC & Rs has established an HOA. Inan answer to Ms. Butler's question, he said that he would be the Chainnan of the HOA. He did nonhin~ their HOA has ever been recognized by the City. Mr. Miller indicated he will. review the CC &. Rs because there should notbe dual jurisdiction and advised the Commission"to proceed. If there is a legal problem with regard to competing entities, he will report back and act accordingly. However, based on the history of the City, It does not appear to be a dual jurisdiction. Mr. Verlato reiterated that he did not want to be a part ofthis' new HOA, Dr; Ira Felman, 20 Yorkshire Dr., was opposed to the zone change. He referred'to commeritsmade by Mr. Bicker regarding roofing material, and said that his house, is a Spanish style house with Spanish tile roofing. He is contemplating'ah addnlon that would be compatible with his home and was concerned that the standards for the existing HOA would be applied to this .area, which has different styies of homes. He was concerned that the HOA would deny his addition, ArcadiaCny Planning Commission 8/9/94 Page 6 ,e . He suggested that pt:!or to the approval, the Highland Oaks resolution should be modified to protect him and other residents in the, annexed area. He wondered if there are other issues, along this line, In the existing HOA that might affect him aM his neighbOrs. Since he has not reviewed the Highland. Oaks resolution, he wondered if there are other provisions that would apply to the homes in the existing HOA that might have a negative Impact on the homes in his area. Dr. Felman was also concemed about accountabilny. He remarked that the Highland Oaks HOA does not have accountability to the City. Although, this might be an excellent organization, he had reservations about appearing before the Commission, fearing that he might be.at a disadvantage when he begins his addnion. Since he has not worked wnh this HOA, he was concerned and nervous about the change. He did not want to pay $50 annual dues to be a part of this HOA. Mr. Miller indicated that the HOA is accountable to the Cny. HOAsare established by the City through .resolutions. There are appellate processes making them accountable to the both the City Council and the Commlsslon. 11 their operations or procedure become arbnrary or capricious. and this has certainI}' not been the case with this HOA . the City can sanction them and Council can reverse any action taken by the HOA, if they've been unfair or acted improperly. There have been eduCational seminars to make sure the boards understand the criteria. The City can terminate their existence, if there Is a need. Mr..Miller continued by saying that the HOA has to applY general standards of compatibility throughout their association. The purpose of an HOA Is to avoid that which Is garish and SUbstantially unrelated to the neighborhood. Ms. Butler expanded and remarked that"Mr. Bicker does not want, to impose standards that may appl}' to the existing HOA to this new area, He recognizes that there are different roof materials. The purpose of the HOA is to recognize that when there are ,new homes or alterations, that they are compatible with the existing homes. The HOA is to guarantee a certain archllecture compatibility within the neighborhood and within the hoUSe Itself. She felt that the City's HOAs try to insure that they don~ take away some of these rights and that they give f1exiblilty and freedom of design, but at the same time maintain the integrity of the neighborhood. . In answer to a question by the Dr, Felman, Ms. Butler replied that the HOA has the ability to modify their regulations. However, they cannot change the City Codes and can only make recOmmendations for modifications and approve plans subject to City's approval. She did not think there would be any other Issues, other than rooting material that would.be critical to this new area. TheSecretary, Silva Vergel, gave Dr. Felman a.copy of Resolution 5980. Dr. Felman requested the opportunity to review the bylaws and the resolution. As a point of clarlflcatio!1, staff said the roofing materials are not specified in the resolution. The City has been given a list by the Ho,A of approved materials to expedlle the.isS,uing of permlls, The list can be modified by'the HOA auny time and in any way. Ms. Butier concurred and said the roofing material is not Indicated in the resolution. The purpose of this list is.to expedite the plan check process. If this annexation is approved, Mr. Bicker will then provide the City wnh a list of approved materials for the new area, . Mr. Miller explainedtl)ere will be another public hearing before the City Council and those issues will be addressed In time for the completion of the zone change. MOTION It was moved by Commissioner Clark, seconded by Commissioner Huang to close the public hearing. The motion passed by voice vote with none dissenting. . Commissioner Huang asked if the four property owners who wrote letters opposing the zone change can be excluded because they all seem to be located In a cluster In one generai area? Mr~ Miller responded thatlf it makes logical sense, they can be excluded. Ms. Butler answered that the four lots having access from Foothill Blvd. can be excluded because .the property owners did not"slgn tl)epetnion and were not interested in the annexation, It would be logical to exclude. them from this zone change, because they are all clustered. whereas, the other property owners should be inCluded because there is no logical reason to exclude them. Arcadia City Planning Coml"!1ission 8/9/94 Page 7 ,e . Commissioner Clark indicated that Ms. Papp has spent a lot 01 time, and worked hard to obtaln the signature 0163% 01 the property owners In the area. He was In agreement wittl the exclusion 01 the lour properties with access lrom Foothill Blvd. He stated that he has beer! a resident In the HOA lor many years and has heard of very few complaints from residents, He has never feit uncomfortable because 01 their existence and In his opinion they are a reasonab.le organization. Commissioner Murphy stated that he also resides In this area and the HOA has been very cooperative. Hecorrected a comment made by Dr, Felman.and said the annual dues are $10 and it Isstrlclly voluntary. Commissioner Huang did not have any objection with the HOA. He was concerned with the few homeoWners who seem to reside In the same general area voicing their opposition. Chairman Daggett said that In his experience, the HOA has never dictated the design 01 a house. MOTION It was. moved by Commissioner Clark, seconded by Commissioner Murphy to recommend approval 01 Z-94-001 to the City Council with the exception that the properties at 307 A, B, Cand D West Foothill Blvd. be excluded. ROLL CALL: AYES: NOES: ABSE'NT: Commissioners Clark, Huang, Murphy, Daggett None . Commissioner Kovacic MATTERS FROM CITY COUNCIL Council Member Kuhn congratulated Chairman Daggett.for being the Commission's new Chairman. She welcomed Commissioner Clark back and congratulated Commissicir!er Murphy on his appointment to the Commission. She noted that there will be two additional members who will be Joining tothe Commission. MATTERS FROM THE PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Huang recapped the Modification Committee's actions and explained the actions taken,' MATTERS FROM STAFF Ms. Butler announced that John Halmlnskrls the new Assistant Planner. 1. CI1Y COUNCIL ACTIONS Ms. Butler gave a brlel summary 01 the actions taken at the City Council's last meeting and the items ihat were belore. them lor consideration. 2. UPCOMING AGENDA ITEMS Ms. Butler announced the applications that have been filed and will be belore the Commission as public hearings. ADJOURN iZo p.m. ~ . , jjrfM/(a d (HaJ Secretaiy, Arcaaia Planning Commission Arcadia City Planning Commission 8/9/94 Page 8 .