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HomeMy WebLinkAboutNOVEMBER 28, 1995 .' . MINUTES . Arcadia City Planning Commission Tuesday, November'28, 1995 7: 15 p.m. in the Council Chambers Planning Commission proceedings are tape recorded and on file in the office of the Community Development Division, The Planning Commission of the City of Arcadia met ,in regular session on Tuesday, November 28, 1995 at 7;15 p,m, in the Council Chambers of the Arcadia City Hall, 240 W, Huntington Drive, with Chairman Robert Daggett presiding, ROLL CALL: PRESENT: ABSENT; Commissioners Bell, Huang, Kalemkiarian, Kovacic, Sleeter, Daggett Commissioner Murphy MOTION It was moved by Commissioner, Kovacic. seconded by Commissioner Huang to excuse Commissioner Murphy from tonight's,meeling, The motion passed by voice vote with none'dissenting, SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms, Butler distributed aninformalionsheet regarding homeowners associations (HOAl procedures, TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS (5 MINUTE TIME LIMIT PERPERSON) None OTHERS A TrENDING; Council Member Chang City,Altomey Michael Miller Community Development Administrator Donna Butler AssistlllltPlanner Bill Stokes AssiStllllt Planner 10hnHalrninski Secrelllry Silva Vergel MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner, Kovacic to read all resolutions by title only and waive readingjn full. The motion passed by voice vote with none dissenting, 1. MINUTES 11114/95 MOTION It was moved by Commissioner Kovacic; seconded ,by Commissioner, Huang to approve the Minutes as published, The motion passed by voice vote with none dissenting, . . 2. PUBLIC HEARING'TM 52089 312-320 Genoa Rd, Tom Hong Cao Consideration ofa tentative mapfor,a 14-unit residential condominium project The staff report was,presented and the public hearing was opened, Tom Hong Cao, 735 W, Emerson, Monterey Park, the engineer of the project said they are in agreement with all of the conditions in the'staff report, No one else spoke in favor or in opposition to this item, MOTION It was moved by Commissioner Huang, seconded by Commissioner Kovacic to close the public hearing, The motion passed by voice vote with none dissenting, MOTION It was moved by Commissioner Huang, seconded,by Commissioner Kovacic to approve TM'52089 subject to the conditions in the staff report, ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Huang, Kalemkiarian, Kovacic, Sleeter, Daggett None Commissioner Murphy Chairman Daggett indicated there is a ten day, appeal. Appeals are to be filed by Friday. December" 8, 3. PUBLIC HEARING MP 95-006 1320 Rodeo Rd, Andy Yu Consideration of an appeal ,of the Santa Anita Oaks Architectural Review Board's (ARB) denial of a 6'-0" high wrought iron fence with 8'-0" high gates, located in the front yard, in,lieu o.fthe 4'.0" maximum height limit. The staff report was presented. In response to questions by the Commission, staff said that the overall height of the fence and gates with'the lights atop is unknown" The height of the lights are not included in the modification, thus the lights will be over and above the 6'.0" high fence, There is a 12' parkway along Rodeo Rd, and the, applicant has indicated that they will set back the gate 8'-0;' from the property line, so the fence and gates will be 20'-0" from the curb, Of all the homes on the street, there are less than ten homes that' have fences within the front yard area, but most are open, picket or ranch style fences that don't necessarily secure, anything but are for aesthetics and architectural purpose. Of the ten' homes, there are three homes in the immediate area that have fences over the 4'-0" height, limitation, One home is directly across trom the subject property with a fence height exceeding 4'-0". Staff did not know whether the, ARB had approved those fences over the height limitation. Commissioner Kovacic remarked that he noticed in' the ARB fmdings that oak trees were removed and wondered if staff had verified that and staff indicated that they had not Arcadia City Planning Commission Page 2 11/28195 , ' . . The public hearing was opened. Andy Yu, 5207 N, Arden Dr, Temple City said the property owner has indicated to him that the reason for this request, is because his wife ,is home during the day'with their two small children, They have many solicitors that come to their homes and want.this~fence for security purposes and to keep the solicitors out. Commissioner Kovacic asked if it was Me, Yu's testimony'that a 4'-0" high fence would not prevent solicitors from coming to the house but a 6' -0" high' fence would? Is security the only reason for the request. He inquired about the removal of the oak trees, Mr, Vu said the fence height is solely to provide security, He said the only tree that he is aware that was removed was a maple tree, Paul Ravesies, 1310 Rodeo Rd" ,said when they went to the first hearing held by the ARB, they were horrified that their neighbor wanted to ,have a 6'-0" high block fence in the front yard, ihey opposed it and the ARB denied the request, Subsequent to that, the property owner's previous, architect requested iheirapproval for other plans and he was informed'that although they would approve their plans, theY'were opposed to 6'-0" high fence in the front yard, He then indicated that he would revise the plans but he never returned, Following that, Mr, Yu came to them and he was also informed of their opposition toa 6'-0" high fence and their request that ,the property owner comply with the City's requirements, Then' they received the publicheliring notice for tonight's meeting, They have lived in this neighborhood for many years, They have hedges'in their yard and like many other homes in the area have an elaborate alarm ,system for security, but they have never had any criminal activities to warrant this typeofa request. They are horrified by the possibility of this fence and feel it wiil ruin the ambiance ,of the neighborhood, The Oaks haS always been an open area, He mentioned ,that their yard;s a total disgrace and hopefully it'will not continue'that way and requested that they clean it up, Dick Davis, 1300 Rodeo Rd., said they have lived in this area for 23 years and they moved there because they felt it was a great place to live. They have never had to wony about criminal activities and could not understand why anyone ,would, think it is such a dangerous, area to reside in, The CitY's Police Dept. has never had to come to this,area, to his knowledge, If their main reason for this fence iscsecurity, he felt a smaller fence would accomplish'that and would keep the solicitors out. He did not think, this fence would lend itself to this particular,neighborhood, No one,else spoke in favor or in opposition to this item, MOTION It was moved by Commissioner Huang, seconded by Commissioner Kovacic to close the public hearing, The motion passed by voice vote with none dissenting, Commissioner Kalemkiarian asked if the right to appeal is'because theapplical1t feels that someone else is enjoying a right that he is being denied, Ms, Butler said the purpose of requesting and approving a modification is because it will prevent' an unreasonable hardship, promote uniformity of development or is an appropriate improvement but, it is not that they are being denied a right that someone else enjoys, It can be anyone of those issues that a modification is granted or denied. Mr, Miller said the key issue in this type ofa case is compatibility, The review criteria distributed is what is commonly utilized to analyze these type of issues, Commissioner Kalemkiarian felt that'additionalsetback mitigates a 6'-0" high fence but he'was opposed to an 8'-0" high fence and lights in addition to that. Arcadia City pl~ning Commissiori Page3 IIn8l95 , . . Commissioner Bell was opposed to a fence in the front yard. She felt it would take away from the beautiful neighborhood, She liked the open atmosphere with beautiful trees. She wished the fences on the other properties would disappear, Commissioner Kovacic said ,that in most of this type of requests that come before the Modification Committee, the,reason for the requesl is security, If someone wants to get into,a house, the difference between a 4'_0" and a 6'_0" ferice is pretty negligible, He recalled a program on television where a policeman was interviewed who indicated that a house is less secure if it is fenced off because it hides,the activity from neighbors, He asked if staff has had any input from the Police Dept. with regard to the "true" security benefits of this type of fences, Ms, Butler said that the Police Dept. was not contacted regarding thai issue, However, on commercial properties, the Police Dept. does not like fences because they tend to hide intruders but there has not been any input from them regarding residential neighborhoods, Commissioner Kovacic believed the two property owners who testified against the request and both commented that they have not experienced criminal activities in their neighborhood, He asked if the City is experiencing a rash of increased criminal activities? Ms, Butler was not aware of any increase in the crim inal activities, Chairman Daggett said the reason for the height of the fence in the front yard is not gennane because the height of theronces on the side is only 4'_0", He waS against fences in'the front yard, unless it is purely decorative, This propensity toward the monumental gate with high pillars and the massive lamps, strike him as being more for ego than security and it disturbed him because,it makes a street very unfriendly and militant, Commissioner Kovacic,asked the City Attorney if the Commission is reviewing this de novo or does the applicant-have the burden ofproofto establish that the,denial is unreasonable, Mr. Miller replied that in the code sections that deal with this, this would be de novo, MOTION It was moved by Commissioner Kovacic, seconded by Commissioner Kalemkiadan to deny the appeal and uphold the Santa Anita Oaks Homeowners Associations denial to construct a 6'_0" high front yard fence with an g'-O" high entrance,gate, ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Huang, Kalemkiarian, Kovacic, Sleeter, Daggett None Commissioner Murphy Chairman Daggett noted that there is a five working day appeal period, Appeals are to be filed by Tuesday, December 5), NON PUBLIC HEARING ITEMS 4. PLANNING COMMISSION DETERMINATION Detennination that the proposed vacation of a portion of Peck Rd" north of Clark Rd, is in confonnancc' with the City's General Plan, The staff report was presented, MOTION Arcadia City Planning Commission Page 4 11/28/95 .. . . It was moved by Commissioner Kalemkiarian, seconded by Commissioner Huang to make the finding that the proposed street vacation is in confonnance with the General Plan, ROLL CALL: AYES: NOES: ABSENT: Commissioners Belli Huang, Kalemkiarian, Kovacic, Sleeter, Daggen None Commissioner Murphy 5. RESOLUTION 1530 A resolution of the Planning Commission ofthe City of Arcadia, California, granting CUP 95-010 to operate a bagel bakery with 19 seats for on-site dining at815W"NaomiAve" Unit #A. RESOLUTION 1530 A resolution of the Planning Commission of the City of Arcadia. California, granting GUP'95-01I for a health club at 120 I S, Baldwin Ave, Ms, Butler read the titles of the resolutions, MOTION It was moved by Commissioner Sleeter, seconded by Cominissioner, Kovacic to adopt Resolutions 1530 and 1531, and fonnally affinn :the decisions of November 14; 1995 and the votes thereon, ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Huang, Kalemkiarian, Kovacic, Sleeter, Daggen None Commissioner'Murphy Chainnan Daggen indicated there is a five working day appeal period afterthe adoption of the resolution, Appeals are to be filed by Tuesday, December 5, MATIERS FROM CITY COUNCIL CITY COUNCILREPORTSlANNOUNCEMENTS/ST A TEMENTS Councilrmin Chang summariZed recent actions taken by the City Council. MA TIERS FROM THEPLANNING COMMISSION REPORTS/ANNOUNCEMENTS/ST A TEMENTS In response to Commissioner Kovacic's inquires, Ms, Butler remarked that most of the merchants on First Ave, are pleased with the new plans, especially because it offers more street parking, The stop signs will remain on First Ave. as far south as California Ave, Arcadia City Planning Commission Page 5 11128/95 ~ . . Commissioner Huang asked ifibe name ofibe Santa Anita Entertainment Complex has been changed to Santa Anita Arts and Entertainment center; because that is what he has seen on recent publications, Ms, Butler replied that she was,not aware of the change and all documents that the City has been receiving is for Santa Anita Entertainment Complex, MODlFICA TlON COMMITTEE MEE;TlNG-ACTlONS CITY COUNCIL REPORTSI ANNOUNCEMENTS/ST A TEMENTS Commissioner Kovacic recapped the Modification Committee's actions, MATTERS fROM STAFF I. CITY COUNCIL ACTIONS Ms, Butler gave a briefsummaryofthe items that were'before them for consideration, 2, UPCOMING AGENDA ITEMS Msc Butler announced the applications that have been filed and will be before the Commission as public hearings, Ms"Butler distributed atentative calendar for the General Plan Update and the Santa Arlita Entertainmerlt Complex projects, ADJOURNMENT / .Arcadia City Planning Commission Page 6 11/28/95