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HomeMy WebLinkAboutOCTOBER 14, 1997 . MINUTES . '. Arcadia City Planning Commission TUesday, Ck1oberI4, 1997 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. PLEDGE OF ALLEGIANCE The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 14, 1997 at 7:15 p,m, in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman John Murphy presiding, ROLL CALL: PRESENT: ABSENT: Commissioners Bell, Bruckner, Huang, Kalemkiarian, Sleeter, Murphy None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR THEOSE IN THE AUDIENCE WHTO WISH TO ADDRESS THE PLANNIGN COMMISSION ON NON-PUBLIC BEARINGMA TIERS (5 MINUTE LIMIT PER PERsON) Garland Roberson, Sullivan Paints,Presidentof the ABA urged the Planning Commission to allow more time for the new CBD zone to see its affects, He asked them not be rush i!lto any new changes. This has been a good change but it,needs more time, OTHERS ATIENDING: Mayor Robert Harbicht City Attorney Michael Miller Community Development Administrator Donna Butler Associate Planner James Kasama AssistantPhinner William, Stokes Secretary Silva Vergel Pcmin""JOI497 . . 1. MINUTES of 9123/97 MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Sleeter to approve the Minutes of September 23, 1997 as published, ROLL CALL: AYES: NOES: Commissioners Bell,. Bruckner, Huang, Kalemkiarian, Sleeter, Murphy None 2. PUBLIC BEARING TPM. 97-008 715 S, Second Ave, Fullview Corp, Consideration of a tentative parcel map for a2-unit condominium project, The staff report was presented and the public hearing was opened. MOTION It was moved by Commissioner Huang, seconded by Commissioner Kalemkiarian to close-the public hearing, The motion passed by voice vote with none dissenting, Tom Cao, Tritech Assoc., 735 W, Emerson, Monterey Park, said they are 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 Kalemkiarian, seconded by Commissioner Huang to approve TPM 97-008 subject to the conditions in the staff report. ROLL CALL: AYES: , NOES: Commissioners, Bell, Bruckner, Huang, Kalemkiarian, Sleeter, Murphy None Chairman Murphy noted that there is a ten-day appeal period, Appeals are to be filed by Friday, October 24, 1997' Anladia City PlomUng Commission 2 10114197 . . 3. PUBLIC HEARING TM 52401 49-53 EI Dorado Tritech Assoc, Consideration of a tentative map for a 5-unit condominium project, The staff report was presented, In reply to a question by the Commission, Ms, Butler replied that the driveway access is off of EI Dorado. The public hearing was opened, Tom Cao, Tritech Assoc., 735 W, Emerson, Monterey Park, said they are in agreement with all of the conditions in the staff report, He noted that the access to the rear unit and the guest parking is from the alley. The project is on grade. Staff rema.rked that this project did not require any modifications and complied with code, Staff conducted the ADR No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Sleeter to c1ose'the public hearing. The motion passed by voice vote with none dissenting, Ms,Butlerstated the multiple-family zoning reqiJiresthat they construct a decorative block wall. MOTION It waS moved by Commissioner Sleeter, seconded by Commissioner Bruckner to approve TM 5240 I subject to the conditions in the staff report. ROLL CALL: AYES: NOES: Commissioners Bell, Bruckner, Huang, Kalemkiarian, Sleeter, Murphy None Chairman Murphy noted that there is a ten-day appeal period, Appeals are to be filed by Friday, October 24,1997 Arcadia City Planning Commission 3 10/14197 . . 4. PUBLIC HEARING MP 97-005 801 W, Huntington Dr, Mr, Kai Chan, architect for Dr, Francis Yu Consideration of modifications fora two-story office building, The staff report was presented, Staff said that ADR regulations discourage flat wall surfaces, The design of this project is similar to the Sumitomo and Great Western Banks in that the proposed building has recessed 'windows, He indicated that they would require a covenant to be signed agreeing that any subsequent owner would operate as a sole practitioner. There will be no ingress and egress off of Huntington Dr, It would be very costly to remove and replace the catch basin, The Maintenance Division estimated that it would cost approximately $40,000 per catch basin just to remove. This cost does not take into consideration the relocation costs, which he estimated would run into six figures, The C-O zone requires a 10'-0" setback that would allow for 30" encroachments for architectura1 features but there is a J5' -0" special setback on Huntington Dr. This setback was for possible future street widening, In addition to the 15'-0" special setback, there is also a 14' parkway, Chairman Murphy expressed concerns over the back-out space for cars parked on the west side of the property, He thought it is Ii tight space to maneuver in, Staffreplied that the traffic engineer was not concerned due to limited parking spaces and that there is only one office building. It would be difficult for staff to police who utilizes the parking to the west of the building if the Planning Commission was to make it employee parking, There is a handicap space near the elevator, In reply to the Planning Commission's concem,staff said that the traffic engineer felt that compact vehicles would be able. to turn from the parking spaces located at the west of the lot He noted that the other alternative would be to' reduce the size of the building, make it parallel parking. The puolic hearing was opened. Kai Chan remarked that the parking spaces located on the west side of the property are inteilded for employees and they will post a sign, The dimensions were taken from the City Codes with a two-way driveway, This is a small building and they have worked with staff to create a project that would be feasible, If they were to reduce the size it would not be viable. The owner is anticipating that'the first floor would be leased to a financial establishment and he asked if they would be in favor of that type of a use and asked for approval. He noted that there has been a significant reduction in walk-in'traffic into banksdue,to ATM machines, The proposed use is a medical use that would not be very intense, Ms. Butler replied that the parking. for a fmancial institution is 6/1 000 and they would not comply with Code and in essence would be providing less parking than what is being requested as part of this modification. The Planning Commission cannot discuss the financial institution because that requires a separate application, Arcadia city Pl.mning Commission 4 lon4197 . . Staff said a financial institution would require a modifiCation similar to the one granted to Sumitomo Bank, If the property owner chooses to pursue this use they can come back with the appropriate application, Mr, Chan anticipated that they would be filing a financial institution at a later date, Commissioner Bruckner inquired about the signage and asked where signs would be plaCed? Mr, Chan explained that they are providing two locations for signs, one between'the first and second floors and the other between the second floor and the roof. He noted that they would comply with the sign code, Commissioner Bruckner expressed concern over having tWo layers of signagefor this building, Staff said that the'applicant is requesting four times more signing that would be allowed in this zone and staff is recommending that Planning Commission approve only twice what is allowed which is consistent with what was approved on the street. The C-O zone allows for 1 sq, ft, per 2 linear feet of building frontage, and does not provide for freestanding or projecting signs, The C-2 zone allows for 2- sq, ft. per 1 linear foot of building frontage, as well as providing for freestanding and projecting signs, TheC-O zone allowS for only 25% of the wall signs allowed in C-2 zones, Commissioner Bruckner indicated that he would like to see the signs when they are proposed, Discussion ensued regarding. the signage and Ms. Butler remarked that the Planning Commission could limit the location of the signs to be placed between the Island 2nd floors. Staff can bring the, sign back to the Planning Coinmission for review, Commissioner Kalemkiarian expressed concern over the partially open exterior staiI:way with elevator platform. He,feared that the property owners to the north would lose their privacy, Mr, Chan explained that this landing is too far and the trees block the view as well as help preserve the privacy of the properties to the north, Ralph Torres, 401 Cambridge; said he is one of the owners of the property to the west. He explained that the existing businesses have been th.ere for many years and was concerned that the new office building would limit visibility from Huntington Dr, and that would have a detrimentai affect on those businesses, Their building has a 25' setback and they felt that this building should comply with code and provide a 15' setback. He did not think they should compare this building to the Sumitomo Bank because that building is on another block. He was pleased that the developer wanted to plant trees but those trees and the 6' high wall would block the signs, He suggested shrubbery in lieu oftJ'ees, Ed Ballet, 9702 Ardendale, said he is one of the new owners of the liquor store directly to the west of the proposed building, This building would block his business, He remarked that the trees would also block the view from Huntington Dr. He felt this would hurt his business, In rebuttal, Mr. Chan said they would be willing to relocate the trees to help the adjacent businesses, He remarked that the building is 36'-4" from the west property line and he felt that would allow plenty of AmuIia city Planning Commission 5 10/14/97 . . view angle, He noted that the purpose of the wall is for security, to keep trespassers away and to keep the area clean, 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. Commissioner Kalemkiarian said that the businesses on the west could put a monument sign to provide for visibility and give them the opportunity. A monument sign would be consistent with the adjacent businesses, He'thought there should be opaque windows on the north side of the property to provideJor privacy to the residents to the north, Commissioner Bruckner agreed and thought it would be a good idea for the liquor store to put up a monument sign, Commissioner Huang agreed and remarked that it is a good idea to have the ingress and egress on the side street, He was not as concerned with the- loss of privacy due to the windows because the trees would mitigate that,concern. Commissioner Sleeter thought that translucent windows would be acceptable because, it would let in the light, yet preserve privacy, He thought the parking spaces to the west, which is hard to get to,shoulil be reserved for the employees, Commissioner Bell was concerned with the parking in this area in that one would have to back-out to get out and felt it is 'a poor layout and hated to approve something that did not seem like a good idea. Instead of relocating trees to provide better access to the neighboring businesses, she thought it would be better if they could reach a compromise and share a driveway, She thought a better solution could be provided and felt the site was developed without considering the neiihboring business, Ms, Butler stated that the businesses on the adjacent lot are legal nOlHX)nforming, Those uses are prohibited in the C~O zone, Commissioner Huang was opposed to relocating the trees to preserve the view for a non-conforming use. The trees help establish image. in the C-O zone, He suggested that they look at.the long term affects rather than sOlving'the-neighbor's problem, Commissioner Bell agreed and said that trees are an asset. However, she did not think that Camphor trees were a good choice near a parking lot and a sidewalk because it. will eventually lift it. Staff remarked that 18'-8" and 17'-8" is the standard two-way traffic driveway at the mall, A compact car can maneuver in this area. But compact spaces are not always used by compact cars, Commissioner Kalemkiarian felt that a businessman should have the opportunity to keep his business afloat. He thought that a lot of the liquor store's business is due to visibility. The liquor store should be able to have a monument sign, In order to limit signs on the building, they should be permitted to have a monument sign, Atcadia City PlaDDing Commission 6 10114/97 . . Mr, Miller indicated that they should not be discussing signage for the neighbor's property because that is a different process and not a part of this process, Commissioner Murphy remarked thatthis is a nice building but had concerns over the parking, Considerable discussion ensued regarding the parking situation. The Planning Commission was in favor of approving the project subject to the additional conditions listed below: 1. The subject property shall be developed and maintained consistent with the approval ofMP 97- 005 and ADR 97-021, and shall integrate the following revisions: A, The upper portions of the north side of the stairway and eleviltor platform shall be enclosed with opaque Or translucent material that complementS the overall design of the building, B, The parking spaces to the west of the new building shall be designated for and utilized by tenantS and employees, Alternative parking designs shall be explored to improve upon the egress situation, and a reduction of one or two parking spaces is acceptable for a better design, An alternative parking design will be presented to the Planning Commission for formal approval at no cost to the applicant. C, Any wall along the west side property line in front of the existing building on the neighboring property shall not exceed a height of four feet, and shall not exceed a height of three feet within a vehicular visibility area, D. The three Camphor trees shown on the landscaping plan shall be replaced with a type that is less disruptive to surface improvements, and the landscaping areas along the street sides shall include berms and,mounds, A revised landscapingphin shall be submittedJor approval by the Community Development Division, 2. The medical office space shall belimite(tto occupancy by a sole-practitioner and shall be limited to 2,300sq, ft, The property owner shall execute and record a covenant, in. a form prepared by and approved by the City Attorney, stating that medical or dental office use shall not occupy more than 1,200 sq, ft. of the subject building ad shall be occupied by one sole-practitioner, 3, The cumulative total of all wall signs shall not exceed a maximum of one sq. ft, of sign per one linear foot of building frontage (i.e, 76.17 sq, ft,) and placement shall be limited to the horizontal spandrel band between the ftrstand second floor windows, A monument sign may be proposed for'additional signage subject to approval'by the Modification Committee, MOTION It was moved by Commissioner Bruckner, seconded by Commissioner Sleeter to approve MP 97-005 subject to the conditions in the staff report with the additional conditions listed above, Arcadia City'Plmning Commission 7 10114197 . . ROLL CALL: AYES: NOES: Commissioners Bell, Bruckner, Huang, Kalemkiarian, Sleeter, Murphy None Chairman Murphy noted that there is a five working day appeal period, Appeals are to be filed by Tuesday, October 21, 1997 5. PUBLIC HEARING MP 97-006 158 Alta Nimer Matta Consideration of modifications for a proposed 3-unit residential condominium project that was previously approved by the Planning Commission on November 22, 1994. The project was never built, resulting.in the expiration of all City approvals, The Staff report was presented, Staff noted that the modification are due to the narrow lot width, The public hearing was opened, Nimer Matta, 1233 S. Eighth, said that when he applied in 1994, it would not have been wise for him to continue with the project due to the real estate market but now that the market has improved, he felt he coUld continue with the project. He was not opposed to changing the colors to.earth tones, No one else spoke,in favor of or in opposition to this item, MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Bruckner to close the public hearing. The motion passed by voice vote with none dissenting, Commissioner Kalernkiarian'had concerns over the colors that were chosen, MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Bell to approve MP 97-006 subject to the conditions in the Staff report with the additional condition the colors are changed to more earth tones, ROLL CALL: AYES: NOES: Commissioners Bell, Bruckner; Huang, Kalemkiarian, Sleeter, Murphy None Chairman Murphy noted that there is a five working day appeal period, Appeals are to be filed by Tuesday, October 21, 1997 Arcadia CiIy Planning Commission 8 10/14197 . . 6. PUBLIC HEARING MP 97-007 715 S, Second Ave, Fullview Corp, Consideration of modifications. for a new two-story house. The staff report was presented and the public hearing was opened, Hung Chou, 511 S, First Ave" the architect for Mrs, Chai, He explained that when they approached the City, there was a misunderstanding of the code. They were ,misinformed by staff regarding the side setbacks. Staff told them that the maximum setback for a,firstflooris 10' and the second floor 20', The property owner wanted a grand entrance and during the design process they approached the City once again, and were given yet additionaI dimensions. Larry and Virginia Kaiser, 2335 S, Fifth Ave" were concerned with the massiveness of the new house, the height of the second floor, with the roofline hanging over the doorway, They submitted photos of the property directly to the south of the subject property, which is relatively a new house, that they thought was attractive and acceptable, They wanted a design that would be appealing, They asked how many neighbors were notified because many of the property owners who have resided in this neighborhood for a number of years were not notified, They wondered what is wrong with the existing house and why they are going to demolish it? The present house blends in with the neighborhood, This is a very deep lot and they thought the proposed house would was too large, Allen Kizko, 435 E, Rodell, said that his back yard abuts the rear yard of the subject property. He was Concerned that he would lose his privacy cOmpletely because he, is already ,surroUnded on two sides by two-story homes and he feared that they would be able to look directly into his backyard. ,In rebuttal, Mr, Chou said that the property owner would like to construct a new house because the existing old house requires too muchlIiain:tenance. There are many two-story homes in the area and,he stated that this would be compatible, Mr, Miller stated that it is the property owner's right to demolish the house. The issue before the Planning Commission is the requested modifications, No one else spoke in favor of or in opposition to this,item. MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Bruckner to close the public hearing, The motion,passed by voice vote with none dissenting. Ms, Butler said that the public hearing notice for modifications are mailed to all property owners within 100' radius of the subject property, In reply to a question by Commissioner Bruckner, Ms,. Butler stated that 75' is the minimum lot width in the R-l zone, ,An:adia City Planning ConimissiOn 9 10/14/97 . . Commissioner Bruckner stated modifications are intended for unusual situations and he. could not say that the request is due to an unusual characteristic of the lot because the lot is large enough to provide them plenty of flexibility, He indicated that the purpose of the code amendments was to avoid this type of a situation. He agreed with the neighbors with regard to the size and mass of the house, Commissioner Sleeter agreed and remarked that this is exactly the type of a structure that code tries to avoid, MOTION It was moved by Commissioner Bruckner, secOnded by Commissioner Kalemkiarian to deny MP 97-007. ROLL CALL: AYES: NOES: Commissioners Bell, Bruckner, Huang, Kalemkiarian, Sleeter, Murphy None Chairman Murphy noted that there is a five-day appeal period, Appeals are to be filed by Tuesday, October 21, 1997 7. PUBLIC BEARING CUP 94-006 16 K Huntington Dr, Club 101 Sports Bar & Grille Consideration of revocation of the conditional use permit due to violations, The staff:report was presented, Mr. Miller indicated that the Planning Commission should direct staff to prepare the appropriate resolution if they decide to revoke the CUP, The public hearing was opened. Paula Zdara, 16 E, Huntington Dr" said she' is one of the owners .and submitted a packet that included correspondence from staff as well as her menu, She indicated that this complaint was submitted by an disgruntled ex"boyfriend, In his letters, he states that he is a resident of the City but he does not live here, * She also distributed fmancial records for the last eight months, She explained that they are not serving food because people are not ordering food, Their kitchen is closed only because they do not have the customers. She said in a letter of complaint that ,the Planning Commission received indicating they have not had a cook since January and have not been serving food since February is incorrect, They have complied with all of the requirements for the CUP. The fmancial records show that there have been food and employees as cooks for that length of time, Since August, their kitchen has been open to serve food from,5:30 p,m. to closing, They do not have any business during the day, Arcadia city P!amling Commissjon 10 . PAGES 10 & 11 WERE CORRECJ'ED ON NOVEMBER 5. 1m 10/14197 . . She went on to say that she has attempted to stay open for business, going so far as bringing in customers from other cities, She said that the Economic Development office published a list of restaurants in the downtown area, but her business was not listed under restaurants, She was upset that she was expected to run her business like arestaurant but was not listed as one, She asked Ms, Butler why they were omitted from this list? * She asked that instead of revoking her license, the Planning Commission change the hours for the restaurant to be open from 4:00 p,m. and begin serving food at 5:30 p,m. from Monday through Friday and keep the existing hours for Saturday and Sundays, She indicated that she is a businesswoman who is trying to keep her business open and, asked for assistance and guidance, In response to inquiries by the Planning Commission, staff said that he visited the site on several occasions and spoke to the bartender who informed, him that the kitchen was Closed, He did not do inspections on the weekends, On a,couple of occasions there were some customers. His inspections were conducted on different days of the week as well as different times of the day ,The inspection was a result of a complaint that was received, Ms. Zdara remarked that there is a lot of competition in the area, She remarked that she would love to serve food but she could not:force her customers to order food. The menu is available on tables and 'Clearly visible. In reply to a question by Mr, Miller,Ms, Zdara said that the kitchen, has not been in operation since August. Doris Ferguson, 1161 W, Duarte Rd., Arcadia, said that sbe is the other owner of the restaurant and the cook She did not think they should have tosei've food if there are no customers, DowntoWn 2000 really hurt their business, Staff said that in checking with the ABC, they have a class 4 licens13, which is in good standing, No one else spoke in favor of or in opposition to this item, MOTION It was moved by ,Commissioner Bruckner, seconded by Commissioner Bell to qlosethe public hearing, The motion passed by voice vote with none dissenting, Commissioner Kalemkiarian believed that Ms, Zdara was sincere in her efforts to keep the kitchen open and comply with the requirements of the CUP, Chairman Murphy agreed. He said this is hard times, He thought they need to look for a way to work with them, and they should not be judge and ju!)'. He asked what defines a "full menu"? Ms. Butler replied that the previous restaurant; The Moon Palace, was considered to be a full-blown restaUrant. A restaurant that gets 10% of its sales from food would not be considered to be a restaurant. Commissioner Kalemkiarian did not want to see a business Close especially since there is nothing in the code that discusses what percentage of the sale shouldbe,from the sate of food. Arcadia City Plannin~ Comrniuion 11 . PAGES 10 &',11 WERE CORRECTED ON NOVEMBER 50 1997 10/14197 . . Ms, Butler said that the CBDzone does not allow bars and if they do not serve food they would be considered as a bar. Mr, Miller said that they could not make land use decisions based on hardship, After some discussion about the percentage of sale of food, Mayor Harbicht commented that the Financial Statements distributed by Ms. Zdaraindicates that the cost,for purchasing the food is 10"10 of their cost of operation and not the sale of food is 10"10 of the gross sales, He said there is no requirement in the code that states that a certain percentage of the sales must be from the sale of food, If the Planning Commission chooses to continue the public hearing, Ms~ Butler said that staff could come. back with additional information and a better definition of a "restaurant" which currently does not address food selIing capacity, Mr. Miller stated that the definition of aresiaurant would have citywide ramifications, MOTION It was ,moved by Commissioner Sleeter, seconded by Commissioner Huang to continue the public hearing to October 28th, ROLL CALL: AYES: NOES: Commissioners Bell, Bruckner, Huang, Kalemkiarian, Sleeter, Murphy None MATTERS FROM CITY COUNCIL Mayor Harbicht discussed the latest developments.in the City, He said they had the ground breaking for Extended Stay, He informed them that a computer chip company that has applied for a conditional use permit for an 18;000 sq. ft. office and warehouse at the northwest.comer of Santa Clara and Fifth Ave. He said there are three different hotels who are interested in developing the northwest comer of Huntington Or, and Second Ave, MA'ITERS, FROM PLANNING COMMISSON None MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Kalemkiarian recapped actions taken by the Modification Committee. MAlTERS FROM STAFF I, CITY COUNCIL ACTONS 2, UPCOMING AGENDA ITEMS A.........di..r""'pl......i....t"".............i.,."ftft 1? In/14107 . . 3, PLANNING COMMISSION'S OCTOBER 23,1997 MEETING Ms. Butler discussed up<:oming projects, Because neither the Council Chambers nor the Conference Room of the Council Chambers would be available for the Planning Commission's October23n1 meeting, the meeting was moved to their October 2S1h meeting. ADJOURNMENT Secretary, Aread a lanning Commission Arcadia c;,y Planning Commisoion 13 10/14/97