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HomeMy WebLinkAboutNOVEMBER 14, 1995 . MINUTES . Arcadia City Planning Commission Tuesday, November 14, 1995 7:15 p.m. in the Council Chambers Planning Commission proceedings are tape recorded and on file in Ihe office of the Community Developmenl Division. The Plan~ing'Commission oflhe City of Arcadia mel in regular session on Tuesday, November 14, 1995 a17:15 p.m. in the Council Chambers of the Arcadia City Hail, 240 W. HimlingtonDrlve, with Chainnan Roben Daggett presiding. ROLLCALL: PRESENT: ABSENT: Commissioners Be\l, Huang, Kalemkiarian, Kovacic, Murphy, Sleeter, Daggett None SUPPLEMENTAL INFORMATION: FROM STAFF REGARDING AGENDA ITEMS Ms, Butler indicated that on public hearing #6, page 2 of the staff report, under "Proposal and Analysis", should read (excluding the garage). TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON'PUBLICHEARING MATTERS (5 MINUTE TIME LIMIT PER PERSON) None OTHERS A TrENDING: CounciLMember Chang City Attorney Michael Miller Community Development Administrator Donna Butler Planning Services. Manager Corkran Nicholson Associate Planner James Kasama Assistant Planner Bill Stokes Assistant Planner John.Halminski Secretary Silva Vergel MOTION 11 was moved by Commissioner Kalemkiarian, seconded by Commissioner Kovacic to read all resolutions by title only and waive reading in full. The motion passed by voice vote with none dissenting. I. MINUTES 9/26/95 Commissioner Sleeler said on page 2'oftheMinules Ihe word "disbursed" should be changed 10 "disposed". MOTION It was moved by Commissioner Murphy, seconded by Commissioner Sleeler 10 approve the Minules as amended. The .motion passed by voice vole with none dissenting. . . 2. PUBLIC HEARING CUP 9SC009 1900 S. Santa Anita Arcadia Christian School Consideration of a conditional usepernjit for the expansiimofthe exisling school. RESOLUTION 1529 A resolution ofthe Planning Commission of the City of Arcadia, granting/denying the expansion of the existing school. The staff report was presented and the public hearing was opened. No one spoke in mvor or in opposition to this item. MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Bell to close the public hearing. The. motion passed by voice vote with none dissenting. MOTION itwas moved by Commissioner Murphy, seconded by Commissioner Sleeter to approve CUP 95-009 subject to the conditions in the staff report. ROLL.CALL: A YES: Commissioners Bell, Huang, Kalemkiarian, Kovacic, Murhpy, Sleeter, Daggett NOES: None MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Kalemkiarian to adopt Resolution 1529 granting CUP 95-009. ROLL CALL: A YES: Commissioners Bell, Huang, Kalemkiarian, Kovacic, Murphy, Sleeter; Daggett NOES: None Chairman Daggett indicated there is a five working day appeal period after.the.adoption.of the resolution. Appeals are to be filed by Tuesday, November 21. 3. PUBLIC HEARING TR 95-003 1030 Whispering Oaks Raymond Lee Consideration ofan appeal of the Modification Committee's denial to remove an oak tree within the'llont yard area. The staff report was presented. Staff indicated that no one had called inquiring about this item. Areadia City Planning Commission Page 2 1t114/9S . . The public hearing was opened. Raymond Lee, 1030 Whispering Oaks, said they appealed the Modification Committee's decision to the Commission. He submitted photos of the subject tree showing the crack around the base. The arborisfS report indicates that there are,some structural problems, the tree is unhealthy and the trunk continues to increase in size and could be a possible danger to the neighborhood and his home. 'The tree has a large hole and his neighbor who showed him the crack has complained and expressed his concerns. He was willing to plant'other trees on his property, possibly in the rear yard where there is more room. (n response to Commissioner Huang's question, he indicated that his house was built in 1976 and he anticipated living there for another 5-.10 years. They have been living th~re for the past 4 years. He has considered relocating his front door but the most important issue to consider is the possible danger to' his neighbor. The tree is about 30'-40'from the front door aqd is essentially located at the curb. Chairman Daggett'was confused with the arborist's report and asked ifhe is saying,that the tree is hazard? On the scale of I to 10; I meaning dead and 10 meaning excellent, the arborist rated the tree 9 on its health and an 8 in aesthetic conformity but then concludes that the health of the tree is not silfe. He was confused by'his rating. Mr. Lee indicated that the arborist ill his report is saying that the tree is a hazard. Mr., Miller asked staff if the arborist',s report is considered to be the kind of certified arborist report that they would use as a basis for recommending removal of the tree or does it fail to meetthatstandlird? The City adopted Ordinance 1962 in 1992 'and it seems that this report'doesn't rise to the level of what he has seen as a requirement to remove a tree and asked staff to address that for the benefit of the Planning Commission. Staff explained that this report was not received in a timely manner. The applicant did not pr(wide the report urttillast week and staff has been unable to contact Mr. Tucker, the'arborist, because he has not returned phone calls. 'The report is very vague and does nOl-have a lot of information that staff can use. Other reports include recommendations for placement of other trees or whether the tree will experience,decline within,a certain time period. Mr. Tucker isa certified arborist. No one else spoke in favor or in opposition to this item. MOTION It was moved by Commissioner Kovacic, seconded by Commissioner Sleeter to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Kalemkiarian said that even'though the report seems somewhat contradictory, the tree can be healthy yet unstable in its'planting. He asked ifthe property owner could,be required to plant trees elsewhere in the City. For example he would be asked to plant 5 trees along Huntington Drive? Ms. Butler answered that there are no provisions in the ordinance for that. Staff can explore that concept with the Maintenance Service Division. Commissioner Bell remarked that the tree at this location is, needed especially because it absorbs all,the particles, dust, smog and dirt created by the freeway. It provides a,leit to the street, is a buffer from the fieeway and provides oxygen. Commissioner Kovacic said he was the Chairman at the Modification, Committee at both public hearings and there was no' question that the request was because of the applicant's beliers. At the time of the first hearing, he indicated that,waS the sole reason for his request. The hearing was continued to, allow the Committee to inspect the site and to allow, the applicant to get an arborist report, especially because the Modification Committee did not have any experience dealing with this type of a situation. The applicant did not provide a report and at the second hearing he emphasized that the only reason he wanted the tree removed ",as due to his belief. Arcadia City Planning Commission Page 3 11/14195 . . He felt there.are two ways oflooking at this: I) if someone will be.given the right to cut down a tree, solely because it is bad luck then there might as well not be a tree ordinance because anyone who wants to remove,a tree will claim that it is bad luck. lfthat is how this proposition will be looked at then there is no need to have the tree ordinance, or2) looking, at it on a more technicaUObjective point of view whether something is damaged or not, then' they should examine and detennine if the arborist report is valid and the points made are adequate. He thought it was rather curious that the arborist report showed up at the last minute and doesn't seem to rise to the levelof other reports submitted to staff. He felt the tree should be kept. In response to a question by Commissioner Murphy, Mr. Miller said. he was not aware of any precedent in this City or any others. He shared the concerns expressed by Commissioner Kovacic. The City passed an ordinance that has been in affect for several years that states a strong public policy to preserve oak trees. That is the exercise of the City's lawful authority. He was respectful of people's beliefs, superstitjons 'and religions, but the City can not enforce public policy based on that rationale. This does not violate the fIrst amendment. In the criminal context people often use religion as reasons why an act was committed and the courts will not accept that. He.knew of no case. in law'or practice.similar to this_ If this request is approved, it would be very difficull.lo apply equal treatment under the law, Commissioner Huang was sympathetic to the applicant's current situation, and said he shares. the same belief; He thought that the applicant made a wrong investment and should have been aware of the property's constraints prior to his purchase. MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Bell to deny the appeal and uphold the Modification Committee's denial ofTR 95-003. ROLLCALL: A YES: Commissioners, Bell, Huang, Kalemkiarian,Kovacic, Murhpy, Sleeter,. Daggett NOES: None Chainnan Daggett indicated there is a five working day appeal period. Appeals are to be med by Tuesday, November~L 4. PUBLIC HEARING CUP 9s,olO 815 W. Naomi, #A 1 & Joy Manhattan Bagel Consideration of a conditional use pennit for a 1,480 sq. ft. bagel bakery willia-tolal of 19 seals for indoor and outdoor on-site dining. The hours of operation will be between 5:00 am. and 6;00 p.m. The staff report was presented'and the public hearing was opened. terry McCartney, I & Joy Bagel, 1667,7 Roscoe Blvd., North Hills, said they were in agreement with all of the conditions in the staff report. Bhe indicated that they reduced the. number of seating from. 19 to 12; with Soutdoor seals, and 4 indoor seals. She submitted photos of the improvements that have been taking place. Staff explained that in reviewing the layout with the Inspections Services Manager, City policy requires that all eating establishments with more than 12. seats must comply with all plumbing and building code requirements for hanllicap accessibility restrooms. In order to utilize the existing commercial space with the existing restroom, they had to limit the seating to 12. Should the applicant chose to provide the required restrooms, they would be pennitted to have 19 'seats with an approved CUP. No one else spoke.in favor or in opposition to this.item. Arclldia City Planning Commission Page 4 11114/95 . . MOTION It was 'moved by Commissioner Kovacic, seconded by Commissioner Sleeter'to close the public hearing. The motion passed by voice vOle with none dissenting. Staff explained that when the building was constructed, the restroom was built to be accessible to handicap persons hut currentrequirement is that a handicap bathroom be available directly from the dining area rather than be located at,the rear of the facility. Commissioner Kovacic wondered if they should be approved for 19 seals subjectto compliance with ADA requiremenls'or is itbelter 10 approve for 12 and if they chose to comply later they would have 10 reapply? Staff did not think there would be any problems with the granting of 19 seats. To approve them for 19 seals would give them the flexibility of providing that many seals with additional restroom facility without having to revisit this application. They need a conditional use pennit because, of the on-site dining. Commissioner Kovacic thoughlthat is a more efficienl way to approach the issue. MOTION 11 was moved by Commissioner Kovacic, seconded by Commissioner Murphy to approve CUP 95-0 I 0 subject to the conditions in ,the staff report to pennit 19 seals if upon compliance with ADA requirements and if no compliance, then approve for a total of 12 seats, 8 outdooneati; and 4 indoor. ROLL CALL: AYES: Commissioners,Bell, Huang, Kalemkiarian, Kovacic, Murhpy"Sleeter, Daggett NOES: None Chainnan Daggett indicated there is a five. working day appeal period after the adoption of the resolution. Appeals are to be filed by Tuesday, December 5. 5. PUBLIC HEARING CUP 95-011 120] S. Baldwin Ave. L.A. Fitness, Inc. Consideration of a conditional use penn it to operate a proposed 25,000 sq. ft. health club, The hours ofoperation would be from 5:00a.m. to II :00 p.m., Monday thru Friday, and 8:00 a.m. to 8:00 p.m., Saturday and Sundliy. The staff report was presented. Staff indicated a health club, requires a conditional use penn it. The twostailWays are interrelated with the ground floor level and basement area and would have to fully comply with FireDept. regulations. The public hearing was opened. Todd Von Sprecken, Director of construction for L.A. Fitness, said they are in agreement with all of the conditions in the staff report. Michael Pashaie, Golden West Properties, 9301 Wilshire Blvd" Beverly Hills, said they have been negotiating with L.A. Fitness for the past two years. They were hesitant in t1ie beginning with this use because of the number of.required parking spaces. Staffhadindi,,",ted that the parking would be deficient in ,relation to the overall parking count oflbe center. They have been owners of this center for the past ten years and have never experienced a parking problem. The entire parking Arcadia City Planning Commission Page 5 11/14/95 . . area has never been more than 70%-80% full, even at peak times during Christmas hours. The upper level of the parking area of which L.A. Fitness will be directly fronting has 225 parking' spaces and the maximum number of parking spaces utilized in this area has been approximately 40. Clothworld is not a very heavy rrafflc user. They also questioned the use and compatibility of L.A. Fitness with the surrounding shopping center and the residential areas. They checked with other centers that had" L.A. Fitness and they seemed very pleased with the quality of the clientele L.A. Fitness attracts, especially because they promote families. In observing the other L.A. Fitness clubs, they noticed that the patrons usually"car pool, so the number of cars at the peak hours would probably not exceed 200. The lower level of the parking structure is primarily utilized by Burlington Coats and even at the peak times it has,never been 100% full. He indicated that they have ample parking spaces. The two exits mentioned by Chainnan Daggen lead directly to"Duarte Rd. and not into Burlington Coat. Commissioner Kovacic abstained from this item due to conflict of interest. He explained that his fiIl11 represents Mr. Pashaie's company. No one else spoke inJavor orin opposition to this item. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Sleeter to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Murphy remarked that upon visiting the site, it was obvious to him that people attending this facility would go up the ramp off of Duarte Rd. Parking is sparse and the area is used only by Cloth world customers and there is ample parking. He was in favor of this project. Commissioner Bell felt this would be a,good use. Staff indicated that the signs wiJIbe new. The location will be approximately where tlle Hinshaw's sign was located. MOTION It was moved by Commissioner Kalernkiarian, seconded by Commissioner Murphy to approve CUP 95-0 II subject to the conditions in the staff report. 'ROLL CALL: AYES: NOES: ABSTAIN: Commissioners Bell, Huang, Kalemkiarian, Murhpy, Sleeter, Daggett None Commissioner Kovacic Chairman Daggett indicated there is a,five working day appeal period after the adoption of the resolution. Appeals are 10 be filed by Tuesday, December 5. 6. PUBLIC HEARING MP95-00S & ADR95-010 3 12-320 Genoa Sanyao International Consideration of modifications for a proposed l4-unit residential condominium project. The staff report was presented. StiJ.ff said lhatthe trash location behind the guest parking spaces is noran uncommon location. These type of developments have homeowner's associations (HOA), and they have been very good in policing to ensure that when the trash is picked up Arcadia City. Planning Commission Page 6 11114/95 . . tlle containers are accessible. There have not been any problems with this type of a design and there are numerous projects with ,similar situations. The public hearing was opened. Robert Chang, Sanyao International, said that are in agreement with all of the conditions in the slaffreport. In respoilse to a question by Commissioner Bell, Mr. Chang indicated that the oak tree's drip line covers a big area and the area presently is stone paving but they will provide'nice landscaping. Staff remarked that in reviewing the overall proposal, the subject oak tree is probably one of the largest in the City. Staff felt that to utilize the tree as a focal p<1intwould benefit the project. The past property owners depressed the area around the tree as an open patio leisure, type area and staff wanted to preserve that atmosphere, and create and comply with Code and at the same time provide a common leisure area This area would not be for recreation equipment. It far exceeds Code requirement and staff strongly suggested maintaining,this area. Commissioner Bell asked if the area would have ground cover and would one be able to walk through it? Staff replied that the landscaping would be subject to,staft's review and they will see to it that the landscaping is functional and in the mean time it preserves the tree and meets the intent of the code that one can walk through and enjoy. John Christianson, current owner of the property, felt the proposal was extremely beautiful. The oak tree is'the focal point and he said in the past they have had as many as 60 people around it at their gatherings. He felt the requested modifications are minor and agreed with staft's recommendations.- No one else sp<1ke in favor or in opposition to this item. MOTION It was inoved by Commissioner Sleeter, seconded by Commissioner Bell to close the public hearing. The motion passed by voice vote with none dissenting. Commissinner KaIemkiarian'said it is a great departure frnm previous projects that have come before the Commission Commissioner Sleeter agreed. Commissioner Murphy agreed and staled hewas very pleased that they preserved the oak tree, Chainnan Daggelldid not like reducing the distance' between buildings but the way they are arranged, it is as hannless as p<1ssible because it is'not that noticeable. He felt that applicant's architect did a very good job in solving that. Commissioner Bell ,said the disappointing point about reducing the distance is that one cannot stand back and appreciate it. She wondered if the number, of units could be reduced to 13? Commissioner Kovacic remarked ,tha! staff has felt ilia! even though they are not as far apart as they would like, it is better than having attached units and creating a long row of units and a bulkier structure. Staff agreed. Past Commissions have always preferred this type of a situation. In projects that have been completed with this type ofa design, the 10' is mitigated by the landscaping. StaffWould'much rather see this type ofa development versus one that is continuous without separation between units. Commissioner Kovacic hoped ilial'someone Iuis contemplated where aU these families will be sending their kids because the HighSchool is very crowded. Hedid not know how many more projects of this magnitude the high school can sustain. Arcadia City Planning Commission Page? 1II1419S . . MS.,Butler indicated that that is something thatis handled by the School District and they have a master plan. Commissioner Huang indicated that each developer has to pay school fees and the Schools utilize it for the purpose of building additional schools. Commissioner Kovacic did not think thaHhe schools would utilize it that way. Under the current Geneml Plan and Zoning regulations, this whole area can be developed with similar type developments. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Huang to,approve MP 95-005& ADR 95-010 subject to the conditions in the,staffreport. ROLL CALL: A YES: Commissioners Bell, Huang, Kalemkiarian,Kovacic, Murhpy, Sleeter, Daggett NOES: None Chairman Daggett indicated there is a five working'day appeal period. Appeals are to be filed by Tuesday, November 2]. 7. PUBLIC HEARING CUP 94-006 16E. Huntington Dr. Club 101 Sports Bar & Grille Consideration of a six month reevaluation of the hours of operation. The staff report was presented and the public hearing was opened. Paula Zdara, 101 E. Huntington Dr., said they have not had any problems and business has been very slow, due to the redevelopment project. She indicated that they no longer have the uniformed security guard and the area. is monitored by her and her partner. They also close now at ] :30 a.m. and have sound proofed the doors. Arthur Palfrey, 15 Alia, said the situation has greatly improved. He requested that someone be present when patrons leave because that is when the customers can be noisy and can disturb his tenants, whose bedroom windows face the alley. No one else spoke in favor or in opposition to this item. MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Kovacic to close the, public hearing. The motion passed,by voice vote with, none dissenting. Commissioner Kovacic remarked that the applicant does not seem,to be complying with one'of the conditions of the CUP requiring a uniformed security guar<l. He'waS,confused as to whaUheCommission should do? Ms. Butler said since they have been operating without an officer and there has not been a need for one, she suggested eliminating that condition, because theoretically, they are in violation of the CUP even though they are monitoring it themselves. If problems arise, the matter can always be brought back to the Commission. Staff interpreted Ms. Zdara's comment,that she is providing a security officer, although he may not be in uniform. If the condition was amended to reflect that and as long as there are no problems with that they be allowed to continue to operate. ATcadia City, Planning Commission Page 8 11114/95 . . Commissioner Kovacic appreciated what the businesses along Huntington Dr. are going through now but he did not want to judge something in tliis present condition because eventually the situation will improve. He suggested not removing it but modify it and possibly revisit it in a few months. Ms. Butler thought it would be unnecessary to bring this back iftliere are no problems. Because of the way'CUPs are setup it can be brought back if problems ar,ise due to noncompliance. She suggested modifying the condition and if tliere are problems, it can be brought back to tlie Commission. Mr. Miller said by continuing tbe public hearing and maintaining jurisdiction over it, that is automatic. He disagreed with Ms. Butler and wanted to continue,it for another six montlis. Commissioner Kalemkiarian did not want to change anything. MOTION It was moved by Commissioner Kovacic, seconded by Commissioner Sleeter to re-open the public hearing. The motion passed by voice vote with none dissenting. Ms. Zdara stated to her best recollection, Capt. Hinig had stated'that she did not have to provide a uniformed security guard as long as the owner(s) do the monitoring of the alley. Mr. Miller was concerned witli what the condition states and tlie noncompliance as indicated by the applicant. Staff indicated that the condition calls for a "uniformed security guard officer;'. Ms. Zdars indicated tliat she would be willing to get'a uniform. MOTION It 'was moved by Commissioner Kovacic, seconded by Commissioner Sleeter to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Murphy felt an action should be taken. Commissioner Kovacic said that Mr. Miller had said at another public hearing that if something is not going to be enforced, then it should not be there because it causes more problems than it solves. He thought the condition should, be modified to allow the owner to monitor and have the CUP come back to the Comniission after construction has finished. Mr. Miller did nOl.tliink,that staff was aware of the noncompliance and suggested that tlie Commission modify the condition and holdanotlier hearing at a later date. MOTION It was moved by Commissioner Kovacic, seconded by Commissioner Murphy to modify tlie condition to penn it the ownertpartner,and/ora uniformed security guard to,monitor tlie alley and to revisit this CUP in July, 1996. ROLL CALL: A YES: Commissioners Bell, Huling, Kalemkiarian, Kovacic, Murhpy"Sleeter, Daggett NOES: None Arcadia City Planning Commission Page 9 11114/95 . . NON-PUBLIC HEARING ITEMS 8. TA 95-001 285 W. Hunt.ington Dr. Los Angeles Turf Club. Inc. Consideration, of a sixmonth'evaluation of the hours of operation, as stipulated by the Planning Commission. Ms. Butler presented the report and indicated ,that Mr. Goodrich was in attendance and available for any questions by the Planning Commission. MOTION It was moved'by Commissioner Sleeter, seconded by Commissioner Huang to receive and file the report. ROLL CALL: A YES, Comm'issionersBell, Huang, Kalemkiarian, Kovacic, Murhpy, Sleeter, Daggett NOES: None MATTERS FROM CITY COUNCIL CITY COUNCIL R1?PORTSfANNOUNCEMENTSfST A TEMENTS Coimcilman'Chang summarized the actions taken by the Charter Revision COmmittee. MATTERS FROM THE PLANNING COMMISSION REPORTSfANNOUNCEMENTSfST A TEMENTS Commissioner Huang remarked,that in addition to the density issue mentioned by Commissioner Kovacic the General Plan Update should also take into consideration this area and compatibility of the uses along Huntington Dr. Commissioner Murphy remarked that the Outback Restaurant had a fund raiser on Monday night and all proceeds were donated to the Arcadia School'District. He thought they, raised approximately $5,000 for the school. MODIFICATION COMMI1TEE MEETING ACTIONS CITY COUNCIL REPORTSfANNOUNCEMENTSfSTA TEMENTS Commissioner Kovacic recapped'the Modification Committee's actions, MATTERS FROM STAFF 1. CITY COUNCIL ACTIONS Ms. Butler gave a brief summary of,the actions taken by the City Council at their meetings and the items that Were before them for consideration. Arcadia City Planning Commission Page 10 11114/95 . . 2. UPCOMING AGENDA ITEMS Ms. Butler announced the applications that.have been filed and will be before the Commission as public hearings. 3. DISCUSSION REGARDING SECOND MEETING IN DECEMBER Since the Pl31lriing Commission's second meeting in December will fall on December 26th, the Commission made the following motion to cancel thatmeeting,31ld to adjourn the December 12th meeting to January 9th.. MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Ben to cancel the Commission's December 26th meeting. TIle motion passed by voice vote wilhnone dissenting. ADJOURNMENT 9:00p.m. Arcadia City Planning Commission Page II 11/14/95