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HomeMy WebLinkAboutMAY 13, 1997 .. -MINUTES . " Arcadia City Planning Commission Tuesday, May 13,1997 7:15 p.m. in'tbe Council Cbambers Planning Commission proceedings are tape recorded and on fIle in the office of the Community Development Division. PLEDGE OF ALLEGIANCE The Planning Commission of the City of Arcadia met in regular session on Tuesday, May 13, 1997 at 7: 15 p.m. in. the Council Cluunbers of the Arcadia City Hall, 240 W. Huntington Drive, with Chairman John Sleeter presiding, ROLL CALL: PRESENT: ABSENT: Commissioners Bell, Bruckner, Huang, Mmphy, Sleeter Commissioner Kalemkiarian MOTION 11, was moved by Commissioner Huang, seconded by Commissioner Bruckner to excuse Commissioner Kalemkiarian from tonight's meeting. The motion pasSed by voice vote with none dissenting. SUPPLEMENTAL INFORMATION FROM STAFF RE(;ARDIN(; AGENDA ITEMS Ms. 8utler said that the appliCant on agenda item #7 compUedso that item should be deleted, Mr. Nicholson distnlmted a letter of opposition for the appeal at 900 Encanto that was received. . TIME RESERYED FOR THOSE IN THE AUDIENCE WHO WISH TO. ADDRESS THE PLANNING COMMISSION ON NON-PUBLiC HEARING MATTERS (5M1NU.TETIME LIMIT PER PERSON) None MOTION: To read alJ.resolutions by title only and waive reading in full. MOTION It was, moved by Commissioner Bruckner, seconded by Commissioner Bell to read all resolutions by title only and waive reading in full, The motion passed by voice vote with none dissenting, 0'l1IERS ATIENDING: Mayor Robert HaJbicht City Attorney Michael Miller Community Development Administrator Donna Butler Planning ServicesMaDager Corl<ran Nicholson Associate Plauner James Kasa1Da Assistant Plauner John Jlo Imin.ki Assistant Planner WUUamStokes Secretary Silva Vergel pc:milnl1<IS 1397 L . . 1. MINUTES of 4/22/97 Ch3innan Sleeter noled thai the appeal notation on item #2.should reflect.the number of appeal da)'s, MOTION II was moved by Commissioner Mwphy, seconded by Commissioner Bruckner 10 approve the Minirtesof April 22, 1997 as amended. ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Bruckner ,Huang, Mwphy, Sleeter None Commissioner Kaiemkiarian 2. PUBLIC H.EARING CUP 97-003 & ADR 97-013 850 S.Baldwm Aye. 'Richard Dir.ldotuian for Chez Sateau .Restaurant Considerntion ora conditional use permit 10 add an outdoor dining area with seating for 30 persons. RESOLUTION NO. 1546 Aresolutiori of the Planning Commission of the City of Arcadia, granting/denying CUP 97-003 toop,ernte an outdoor dining area with seating for 30 persons at 850 S, Baldwin Ave, The staff report was presented. Staff indicated that at this timesignage has not been proposed. The applicant has.indicated that they will continue 10 provide valet parldng for the lunch and dinner times. The public hearing was opened. Richard Diiadourian, 2154 G1enada Ave., Muntrose, said he is the architect and applicant of the project, He indicated that they will be requesting an additional sign 10 be placed on the existing pole identifying the new facility. He also requested that they have,the flexibility 10 change the wood lattice to metal wrought iron because of durability, He'stated that they are in agreem.en1 with all of the conditions in the staff report. . Ms. Butler rellllUked that staff would prefer wroughl iron to wood fencing. No one else spoke in favor or in opposition 10 this item. MOTION It was moved by Commissioner Mwphy, seconded by Commissioner Huang 10 close the public hearing. The motion passed by voice vote with none dissenting; Commissioner Mmpbyfelt that the restriping of the parking lot should be a condition of approval. MOTION It was moved by Commissioner Mmphy, seconded by Commissioner Bruckner to approve CUP 97-003 and adopt Resolution No. 1546 subject 10 the 'conditions in 'the staff report with the additional condition that the parking lot be restriped, and that the fencing be subject to the review and approval of staff, Arcadia City,PIanning .Commission Page'2 5/13/97 , . . ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Bruckner, Huang, Murphy, Sleeter None Commissioner Kalemkiarian Chainnan Sleeter noted that there is a five wodting day appeal period after the adoption of the resolution. Appeals are to be med by Tuesday, May 20th. 3. PUBLIC HEARING CUP 97-004 713 W. Duarte Rd, Hili Hsuch Huang Considerntion of a conditional use permit to operntea coffee bar with seating for 15 persons and a ,related parking modification for 6 spaces in lieu of 11. RESOLUTION NO. 1547 A resolution of the Planning'Commission orthe City of Arcadia, granting/denying CUP .97-004 to opernte a coffee bar with seating for 15 persons and related parking modifications at 713 W. Duarte Rd. The staff. report was presented and the public bearing was opened. JOM Hu, 207 Milton Rd, San Gabriel, said they willbe selling pre-packaged foods and coffee. He did not expect that their use would increase the traffic substantially. Their sign will comply with code, He was. in agreement with all of the conditions in the staff report No one else spoke,in favor of or in opposition to this item. MOTION It was moved by Commissioner Huang, seconded by Commissioner Bruckner to close the public hearing. The motion passed by voice vote with none dissenting, CoIlllDissionerMurphy expressed concern with the parking. Even though the survey was consistent with what he observ.ed he felt it:would be pushing an already substandard parking situation. He indicated that 5 of the existing spaces are reserved for the realty, thetmning mdius and back out space are tight Adding more cars to the center would bestepj>hig over the line. CoIlllDissioner Bell'remarl<ed that in her opinion there is ample parking, This is an in and out type of a use. The unit has been vacant and she stated that this would be a good business. Commissioner Bruckner said that the busy haUlS .for this use would be fu the mornings when most of the other businesses are not yet open and he thought that would work well with the parking and Commissioner Huang agreed, Chainnan Sleeter agreed with the above and remarked that he does share Commissioner Mmphy's concern that the parking is ti~ MOTION It was moved by Commissioner Huang, seeondedby Commissioner Bell to approve CUP 97-004 and adopt Resolution No. 1547 subject to the conditions in the staff report. Arcadia CitY PIanningConunission Page 3 5/13/97 . . ROLL CALL: AYES: NOES: ABSENT: Commissioners BelL Bruckner, Huang, Mwphy, Sleeter Commissioner Mwphy Commissioner KaJemkiarian Chainnan Sleeter- noted that there is a' five worlting day'appeal period after the adoption of the resolution. Appeals are to be fIled by Tuesday, May 20th. 4; PUllLICBEARING MP 97-003 & ADR 97-012 907 S. Golden West Ave. Sanyao International Consideration of a modification for a zero side yard setback in lieu of 5' -0" required for the on-site guest parking spaces for a 3-unit condoIDinimnproject The staff report was presented. Staff explained that the guestparldng is 20' in length, 3' of which is a planter cwb that SelVes as buffer, This space is adjacent to a 6' high block wall. The neighbor on lhe olher site will not be able to see the guest parldng because of the wall. The public hearing was opened, Robert Tong, Sanyao International, 141 W.Noami, said he is in agreement wilh all of the conditions in lhe:staffreport, ConnirlssionerBruckner asked if he bad considered flipping lhe plan so_,the garage door on the unit would face the driv~ay and not the street? This would eliminate all the paving and provide more landscaping and help the street elevation. Mr, Tong said that he preferred thissetlip because of the tmsh enclosure and the stornge.and'felt that it would resemble a single- fanilly type home. He noted that they would be preserving the two trees atthe northeast comer of the property, Staff said that condition 5 in the staff report pertains to the submittal of a tree presCIVlitionplan. No one else spoke in favor of or in opposition to this item. MOTION It wasmo:ved, by Commissioner Bell, seconded by Commissioner Bruckner to.close the public hearing. The motion passed by voice vote wilh none dissenting, Commissioner Bell asked about the front door of unit #B which faces the guest parldng space. Chairman Sleeter suggested using different paving material in that area. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Huang to approve of MP 97-003 subject to'the conditions in the staff report with the additional condition that the paving in front of unit #B be changed. - ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Bruckner, HUang, Muiphy, Sleeter None Commissioner'KaJemkiarlan Arcadia City, P\anning Commission Page 4 5/13/97 . . There is a five working day appeal period, Appeals are to be filed by Tuesday, May 20th. 5. PUBLIC HEARING 900 Encanto Dr. George Young Consideration of an appeal of the Rancho Santa Anita Residents Home Owners Association 'scondiiional approval.of a proposedsingIe-slOJ}' addition to the main dwelling. The applicant is appealing the Association's requfrcment that the newgarnge area be reduced in size to comply with the City standaId of providing a 10'-0", rear-yard setback. The applicant's proposal provides a 5' -0" rear yard setback. The staff report was presented, In response to a question by Commissioner Huang, staff said that they could comply with the io' setback and still be able to maintain the 3-car garnge if they lose I small ,bedroom. They comply with the lot coverage requirement If they modified the interior space, they could comply with code.. He said that the owner had not discussed the pine trees with him. The public hearing was opened, George Young, 900 Encanto, said that the two pine trees would remain and he did not intend to remove them. He explained that they are forced to request this modification because it would be C>.1remely coStly if they tried to move inward because of the roOf lines. it'has taken a long time to come up withthe.proposed plan. He stated that they would provide landscaping to mitigate any impact that this addition might have on the neighborllood He said he discussed this with Roben Erikson, Chairman of the Architectural Review Board (ARB) who advised him that if he could get the signatures Ofall contiguous property owners, the ARB would approve his request The ARB did not seem to have a problem with his.proposal. He was successful in obtaining all the signatmes with the exception of his neighbor to the south, Mr. White. Because Mr. White would not sign, he was forced to go through their public hearing type review which involved additional neighbors. At,this meeting many derogatory and rncial remarks were made that he felt uncomfortable with. He mged the Planning Commission to approve his request and send a message to the ARB that rncist remarks will not be tolerated and that this does not happen to another Ilomeowner. Mr. Miller intCIjected and explained that,the'Plamting Commission isa land use board and deals with the compatibility issues of the project. Mr. Young replied that he is askingfor impartiality and fairness in how plans are reviewed, Neil Smith. 42 W. Palm, A1tadena, said he is the architect of the project He explained thalto move.the roof line would be very costly and it ,would be a hardship and that is why they have come up with the proposed.plan. Mr. Young remarl<ed that if they were 10 move inward, they would end up with,a much bigger family room with not enough natullIllight and that would be very strange. When he purchased this property, an extension was already done on the family room and ifhe did another extension it would look odd ChaiIman Sleeter wondered if the fifth bedroom was added 10 the fourth bedroom, if that would solve the light issue, Mr.YOWlg said that the. small room next 10 the bedroom will be his study and the other one the maid's quarters. They cannot redesign it because it will be 100 costly and not effectively meet their needs. Steven Sugars, 1455 Loust Ave., #1, Pasadena, said although he is an attorney he will not be speaking tonight as one but as a friend who has known and woIked with Mr. Y oWlg for several years., In his opinion, Mr. Young has a very large front yard and this modestadditlon would not change the character of the neighborllood Mr, YOWlg isa man of good integrity who keeps an iimmtculate house inside and out Some comments were made at the ARB meeting that. hurt Mr, Young immenselysnch as this Arcadia City Planning Commission Page 5 5113/97 . . . was going to turn to a Motel 6 and he was asked .if' he would be bringing his family from China to live there. He thought it was deploring that such comrnents were being made. Mr. Miller said that if,there is an appearance of bias, this would not be the forum to discussi\. The complaint should'be made in written fonn. The City does not take these l)'Pe of cOmplaints lightly and wiu look into this matter. Mr. SUglm continued by saying that the Planning Commission should not condone this type of behavior. Mr. Young was insulted by these comrnents. Mr. Miller againreiteIllted that the Planning Commission does not have the jurisdiction over these type of complaints ouly land use and compatibility of the project. B. W. White, 901 Panorama Ave., said he is the neighbor to thesoU\h,who did not sign the request, He thought the law has been established and they should comply. He was afraid that if they were grimted this modification, it would set a precedent. He said he was the one wno made the comment about Motel 6 but wbathe said was that the long length of the building would resemble a Motel 6 - very long in length. Harold Salisian, 2 S. Golden West, said they should comply with the 10' setback. The requested S' setback, if approved, would be a drilstic change in the area . Mike Jones, 4 N. Golden West, said he has Imown Mr. Young since he moved there. He thought he is a very Ilice man but objected to his request because of aesthetic reasons. Although he was, pleased to hear Mr. Young's comments regarding the landscaping"he did not think that thelandscapingwould ease the appearance, The addition would not be aesthetically pleasing because it is very elongated. Martha Bunneister, ,912 Panorama,relll31ked that there is plerny of room on the property for Mr. Young to extend without having to encroach into the setback. Robert Erikson, 400 Vaquero, said he' is the ARB Chairinan, and he felt they ri1ade a good decision. He noted that the entire membership of the. ARB stands behinds its decision and if Mr. Young'would return with their changes, they would approve the request. In rebuttal, Mr, Young could not understand why his plans were denied this time but approved when it was submitted to them previously. HIs present proposal is similar tei the previolls one with the exception of interior changeS. He reiterated again that the ARB told him that if be was able to obtainaIJ signatures, they would approve his request. That means they bad no objections to his plan and' obtainihg signatures was oulya teclmicality. Because'Mr. White would not sign, they had to go. throulih the public hearing procedure. That seemed very odd to him. Why would the ARB tell him one. thing ami do the complete opposite? He wondered if they'were pressured into this decision? Who makes the decisions for them - racist owners? He stated tbathe would be willing to use different materials and landscaping to mitigate the elongatedappemance. No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Brnckner, seconded by Commissioner Bell to close the public hearing. The motion passed by voice vote with none diR<:P.nting. Ms. Butler explained the. different actions and'findings that the Planning Commission must make, Commissioner Bmclmer said based on the lot size it app~ to him that there is room for flexibility of design and stilI complying with code. He did not view this as hardship. If it was'a much smaller lot then it would be a hardship but not in this case. A variety of things could be done and to stilI aChiev his goal. Arcadia City,Planning Commission Page 6 5/13/97 . . Commissioner' Bell agreed and said this is a lovely neighborhood with lots of greenery and open space. She did not see any strUctures that arc that long with little relief. She wondered if it could be redesigned and provide a different solution and yet provide a better floor plan with sufficiemlighting. CommissionerMUlphyagreed. He did not think they used enough creativity in.designing this and felt iliere arc many different ways of dealing "'th this. Commissioner Huang said as a designer he can see the problems that the applicant was speaking about with regard to changing the roof line. Even. though there appears to be plenty of room, they arc dealing with an addition to an e.xisting building. If this was a new building they would have more flexibility, The existing building causes the hardship. Although there is room on the property the problem is how to achieve this addition and tie ii into the e.xisting building. If the redesigning would be,inward, the rooms would become narrow thus inappropriate, especially if lighting is affected. He thought the master bedroom, closet and possibly the garage cabinets could be reduced and reconfigured to create more footage for the setback. It might not be the 10' but it might be more than the proposed 5'. He suggested continuing this and allowing' the architeCt to attempt to redesign this and to come back. Chainnan Sleeter agreed with Commissioners Bell, Bruckner and MUlphy and felt there is room for creativity. He thought that ' too often setbacks are encroached upon. He was inJavor of lI1aintaining the 10' setback and in favor of upholding the ARB's decision'and denying the appeal, MOTION It was moved by Commissioner Bruckner,. seconded by Commissioner Murphy to deny the appeal. ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Bruckner, Huang, MUlphy,Sleeter None Commissioner Kalemkiarian There is a five worldng day appeal period. Appeals are to be f1ledby Tuesday, May 20th. 6. PUBLIC n'EARING SOW. OnmgeGroveAve. JesseChau and Monica Chailg Consideration of an appeal of the denial ofre-roofIng materials by the Santa Anita Oak's Home Owners Association (BOA), The staff report was presented StaffreDl3Iked that the north side <if Orange Grove is'not in the HOA, thus they can utilize any roofing materi3l.lt is up to the Planning Commission to determine if the proposed roofing materia1 is colilpatible with the neighborhood. Staff is nol'Inaking any recommendations and tonight's decision is purely anaesthetic decision. The public hearing was opened. Monica Chang, SO W. Orange Grove, said they purchased this foreclosure property "as is"' from the Bank. The bank did not tell them that they were in an HOA and they:found out about the HOA when they began soliciting roofen;. Due to the low pitch of the roof, the appfO'\led materials by the HOA are inappropriate. If they choose one of the approved materiais, they will be forced to re-roof every 5-10 years, What they. are proposing would be long.1asting and nice in appearance for their home, The'Building Inspector, Bill Tarin, measured the roof and said that it was'2:I2roofpitch. No one else spoke in favor of or in opposition to this item. Arcadia City Planning Commission Page 7 5/13/97 . . MOTION It was moved by Commissioner Bruckner. seconded by Commissioner Bell to close the public hearing. The motion passed by voice vote with none dissenting. Ms. Butler replied to a question by Commissioner Bell by saying that asphalt shingles are not approved due to aesthetic reasons. Commissioner Bruckner said this ease is much different than the previous appeal. In this case, this isa hardship, Aestheticsis subjective, Wood shingles are out of character for this house. Commissioner Mwphy'remaIked that the pitch is too shallow and it'is not feasible to use materials approved by.the HOA. The entire character of the house would change if the roofwas changed' to what is approved by theHOA. MOTION It was moved by Commissioner Mwphy, seconded by Commissioner Bruckner to approve the appeal. ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Bruckner, Huang, Mwphy, Sleeter None Commissioner Kalemkiarian There is a five working day appeal period. Appeals areto be filed by Tuesday, May 20th. 7. PUBLIC BEARING 524 S.First Ave, Denies SchIader for American Resource Education Center Consideration of revocation of CUP 95-008 for noncompliance with parldng space striping requirements, No public hearing is necessary because the applicant complied, MAnERS FROM CITY COUNCll. CITY COUNCH. REPORTS/ANNOUNCEMENTS/STATEMENTS Mayor Halbicht said that Santa Anita has put a hold on their plans. They were purchased by Meditrust and it will be finalized in September, He discussed t1ie recent actions taken by the City Council. He explained. the fire assessment district taxes and said that on. June 5th there will be a hearing and invited,al\. the Planning Commissioners to attend and hopefully they would be able to answer the public's questions. The cost to the City is approximately $70,000-100,000, the majority of which is the consultant's fee. Hewent.on to say that aftci receiving the letters from Mr. Young, he was very concerned with the appear.mce ofpossi1>le bias, He asked the City Manager to look into it and to report back to him. This is an inappropriate item for the Planning Commission. This is alegitimate concern for the City.. The HOAs are set and established by the City and the City could be liable,for their actions, An:adia City Planning Commission Page 8 5/13/97 . . MATTERS FROM THE PLANNING COMMISSION Commissioner Murphy expressed concerns over window signs that are not in English. He felt it is a shame that he can drive around in his City and not be able to distinguish what a particular business is because of non-English charactm. He was troubled by that and suggested.possibly a study be done and for staff to return with.a repon. Ms, Butler indicated that window signs are exempt'from the 1/3-213 regulation, as long as there is no more than 25% "indow coverage. There are no limitation on window signs as far as the English language. Mayor Harbicht said that approximately 8 years ago lawsuits were being fLIed against cities with regard to signag~ and language, Mr, Miller sliidthat the City of Pomona had 2 lawsuits fLIed in Federal Courts and lost both. It appeared that Arcadia was being. targeted for similar type lawsuits. These are civil rights lawsuits and the loser must pay for theattoIJley fees. MayorHarbicht continued by saying that he was the Mayor at that time and he 'and some of the City staff got together with the Chinese. Association and explained that no one would benefit from these type of lawsuits. There could be possible unrest in the community and they were able to negotiate with.thelIL The Chinese Association communicated with the group that was initiating these lawsuits and expressed to them thatthey were not interested in pnrsuing a lawsuit against the City. Commissioner Murphy replied that he is sensitive to the community's needs but there is a problem .when he is unable to distinguish what a particular business is because he cannot read the sign. Chairman Sleeter remarked that he would be unable to Chair the, Modification Committee on July 8th because he will be out of town. HupeftillYi he would be back early enough to attei1d theP1anning Commission meeting. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Bruckner recapped the actions taken by the Committee. MATTERS FROM STAFF I. CITY COUNCn.. ACTIONS 2, UPCOMING AGENDA ITEMS Ms..Butler informed the Commission of applications that have been fLIed and scheduled for public hearings. She announced that the Commissioners' Dinner will be held on May 22, 1997 at the Community Center. ADJOURNMENT TO JUNE 10, 1997 9:25 p.1IL ~~, Arcadia City Planning Commission Page 9 5/13/97