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HomeMy WebLinkAboutMARCH 28, 2000 (i) . . MINUTES Arcadia City Planning Commission Tuesday, Marcb 28, 2000 7:15 p.m. in tbe 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, March 28, 2000 at 7:15 p.rn. in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Pro Tem Huang presiding. ROLL CALL: PRESENT: Commissioners Huang, Kalemkiarian, Murphy ABSENT: Commissioners Bruckner and Sleeter MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Murphy to excuse Commissioners Bruckner and Sleeter from tonight's meeting. The motion passed by voice vote .with none dissentmg. OTHERS ATTENDING Council Member Gail.Marshall , Community Development Administrator Donna Butler Assistant Planner Candyce Burnett Assistant Planner Kenneth Phung Secretary Silva Vergel MOTION It was moved by Commissioner Murphy, seconded by Commissioner Kalemkiarian to read all resolutions by title orily and waive reading the full body of the resolution. The motion passed by voice vote with none dissenting, SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Butler distributed a memo from the City Attorney regarding TPM 2000-007. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS (5 MINUTE LIMIT PER PERSON) None . . 1. MINUTES ofJ/14/00 MOTION It was moved by Commissioner Murphy, seconded by Commissioner Kalemkiarian to approve the Minutes of March 14th as published. ROLL CALL: AYES: NOES: ABSENT: Commissioner Kalemkiarian, Murphy; Huang None Commissioners Bruckner and Sleeter 2. PUBLIC HEARING CUP 00-001 140 E. Duarte Rd. Henry Miller Consideration of a conditional use permit for the retail sale of beer and wine for off-site consumption that is located within i 50' of residentially zoned property. RESOLUTION NO. 1604 A resolution of the PlaDnmg Commission of the City of Arcadia, California, granting CUP 00-001 for the retail sale, of beer and wine for off-site consumption at 140 E. Duarte Rd. The staff report was presented and the public hearing was opened. Ernest Lee, 4000 Union Pacific, City of Commerce, representing the 99~ Only Store, said they are in agreement with all of the conditions with the staff report.. The alcohol sale will be an incidental use. No one else spoke in favor of or in opposition to this item. Chairman Pro TemHuang closed the public hearing. Commissioner Kalemkiarian said that it is straightforward and they will have to comply with all ABC requirements and the AMC. MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Murphy to approve CUP 00-001 and to adopt Resolution No. 1604. ROLL CALL: AYES: NOES: ABSENT: Commissioner Kalemkiarian, Murphy, Huang None Commissioners Bruckner and Sleeter Arcadia City Plarming Commission 2 3128100 . . Chairman Pro Tem Huang noted that there is a five working-day appeal period after the adoption of the resolution. Appeal.areto be filed by April 4. 3. PUBLIC HEARING TPM 00.()04 (pM 25904) 151 Alta St. HankJong Consideration ofa tentative parcel map for a 2-unit condominium project. The staff report was presented and the public hearing was opened. Scott Chen, 11823 Slauson, Santa Fe sprIngs, representing the property owner, 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. Chairman Pro Tern Huang closed the public hearing. MOTION It was moved by Commissioner Kalemk:iarian, seconded by Commissioner Murphy to approve TPM 00-004 subject to the conditions listed in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioner Kalemk:iarian, Murphy, Huang None Commissioners Bruckner and Sleeter Chairman Pro Tern Huang noted that there is a five working day appeai period. Appeals are to be fIled by March 21 st. 4. PUBLIC HEARING TPM 00-005 (pM 25914) 1140-11460koboji Hank Jong Consideration of a tentative parcel map for a 4-unit condominium project. The staff report was presented. In response to a question by Commissioner Kalemkiarian, Ms. Butler said the dwelling unit density would allow for 6-units but only 4-units are requested. No modifications were requested, This subdivision relates to ownership only. The public hearing was opened. Scott ChaD, 11823 Slauson, Santa Fe Springs, representing the property owner, said they are in " agreement with all of the conditions in the staff report. Arcadia City PlanniiIg Commission 3 3128/00 . . Don Champion, 1138 Okoboji, said that he bas seen the plans but not the staff report. He felt the ' building is very large. When completed, the building will be three times the size of the existing dwelling. It bas a very prominent roof design and is too close to his property. He will lose sun light as a result of the building on'that side ofbis property. The proposal will grossly increase the density on the subject property. The proposal is out of character and will not be harmonious with the existing neighborhood. All the buildings in the block are single-story. Although the proposed setback of 10' is more than the existing setback, the proposed building will be practically sitting on top of his property. As a result of all the development on Fairview and change in the topography he has had a drainage problem when it rains hard. He asked if anyone bas thought of how to avoid flooding or drainage? This project will defInitely increase cars. They already have a hard time from an overflow of parking. Staff indicated that these would. be 3-bedroom units. Mr. Champion replied that would be three times the nuniber of people that currently reside there. This is a major development. This is a lot of building for the block. Commissioner Kalemkiarian explained that the City is very concerned and conscientious with the drainage plans. He knows this based on his recent experience while constructing his home. Ms. Butler explained that staff ensures that the project complies with zoning. The properties in this area are zoned R-3 multiple-family. This is a tentative parceL map. It is for the ownership of the Units only. The project meets all code requirements including design, building height and setback requirements. There are no modifications or variances. The property owner can apply for a building permit and pro!leed with building apartment units. He can build the units as apartments and rent them out. Technically, he can bUild up to 6"units but he bas opted to conStruct only 4-units. The topic before the Planning Commission tonight is consideration of its uSe as condominiums or apartments. The project as.prop<>sed is under the density requirements. Keith Kallan, 1141 Okoboji, remarked that based on Ms. Butler's explanation, why are they there, if it is only for the ownership purposes and they cannot comment on the design, building height or setback. This project will compromise the integrity of the neighborhood. The structure is inappropriate for the neighborhood. He did not want the same thing to happen on Okoboji that bas happened on other streets in the City where smaller units are demolished and replaced. with much larger ones. The increased density will have a negative affect. Ms. Butler reiterated that this is before the Planning Commission for ownership issues and nothing else. The Planning Commission is to decide whether to approve or deny the right to use the property for condominium purposes. The land is zoned for multiple-family and the project is consistent with the zoning and the General Plan. Other City departments that have reviewed the project did not object to the request. She explained the CEQA requirements and said that all projects must comply with those issues. Mr. Kallman felt that Ms. Butler's answers were unsatisfactory. He thought the project would have a negative impact on the environment Commissioner Huang explained that the applicant could go .into the Building Office in the morning and pull permits to build the units because he bas complied with all of code requirements. The only Arcadia City Planning Commission 4 3/28100 . . item before the Planning Commission tonight is the issue whether to sell as condominiums. The applicant can build up to 6-units on this property. Mr. Kallman asked if there is a higher body that the Planning Commission's decision can be appealed to. Ms. Butler explained the appeal procedure and the fee. Mr. Kallman was frustrated that they would have to pay a fee to appeal this body's decision. Tom Ryan, 1139 Okoboj~ said that it is a shame that CEQA requirements mention criteria for wildlife but not human life. . Ms. Butler read the different items on environmental review form. Mr. Ryan said that many people come down to Okoboji when there are problems on HuntingtonDi. He was concerned with excess traffic and safety of the children. He asked if the City waS aware that the street was only 36' wide? Ms. Butler said that even though the residents may not like that this is being developed, the property owner bas a right by the zoning and general plan to develop his property. She repeated that the project is lesstbanthe density allowed. The applicant can build a 2,story building and if it complies with code the CitycaDDot stop them. They are inconfotmance with the zoning and the general plan. It is difficult to deny someone the right to build. She noted that most residential streets are 36' wide. She said they could build an apartment dwelling without going through this public bearing procedure. They are simply requesting individual ownership. Under code the City can't prohibit them from developing'apartments. They could have started conStruction already. Karen Zimbrummen, 1144 Okoboji, asked if the Planning Commission was aware of the aesthetic and integrity of the neighborhood? This project will have a significant affect on the environment. Can the P1anning Commission deny the request because aesthetically the project Will be. undesirable, therefore, there will be a significant negative impact on the neighborhood. There are four small 1- bedroom units on the property but the proposal will triple the cUrrent density. Each of the proposed units will have 3-bedroorns to the existing I-bedroom. This will be a significant increase in the density, create additional traffic and require more parking. How can they compromise integrity of the neighborhood. All of the units on this street are older. A new dwelling will not fit in with the older units. She concurred with all other comments made by previous speakers. Edward Schoenward, 1154-6 Okoboji, feared that this project would set a precedent. The project will be aesthetically displeasing. Mark Nordby, 1128 Okoboj~ said this would compromise the safety' of all the children in the neighborhood and set a precedent. What about the increased density? This will be the demise of the neighborhood. Bigger is not always better. He thought they should have foresight and imagine what the neighborhood Will look like in the future. Okoboji will soon begin to look like Fair'view and Huntington. Their street Will go down hill. The project will create more foot and auto traffic and that will ruin their neighborhood Arcadia City Planning Commission s 3/28/00 . . Susan Nordby, 1128 Okoboji, in walking her neighborhood she noticed that all the units are duplexes. She tried to visualize a condominium. There is a nursery in the area and kids are everywhere. Traffic from Huntington Dr. is always redirected onto their street whenever there is police activity, which it seems like it is all the time. There are no condomiDium units on the street. No one owns on this street. The units are all rentals. They will lose their privacy with a large two- story building looking down into her yard. Mr. Kallman, asked ifthe project can be denied with denial No. 07 and 08 listed in the staff report? Commissioner Kalemkiarian remarked that the issue is whether to allow them to sell the units separately but not if they can "actually construct the building. The findings as suggested by Mr. Kallman do not apply if they tried to apply the above fmdings. . Mr. Kallman asked then what could they base their appeal on? Commissioner Murphy remarked that they could try to change the zoning in the area but not specifically this property. The property as it is currently zoned and based upon the General Plan designation allows for this type of a development. Ms. Butler commented that this is a difficult issue based upon how denials are ,set up. The issue is ownership and whether the 4-units should be sold as condominiums or rented out as apartments. Even if the Planning Commission denies this tonight, they can get their building permit and begin construction with the same design that has already been approved by staff. She thought that they could approach the City Council and express their concerns with regard to density and ask to rezone the area. from R-3 to R-2, which would deCrease the denSity to one unit per 3,250 sq. ft. per unit. The R-2 zone also allows 2-story buildings. The zoning on this street has been the same for many years and has not changed. Even if the City Council decided to change the zoning, that woUld not affect this development but it may prevent other similar developments. She explained tbezone change process, which takes approximately 4-6 months. The zone change would make almost all of the properties legal non-conforming, Mr. Champion said that it seems that this is a done deal, then why were they noticed and invited here to expres~ their conceTllS, especially when their remarks are not being heard? The residents have already received eviction notices. Ms. Butler explained the mailing requirements for public hearings. Notices must be mailed out 21 days prior to the hearing. This regulation is mandated by law. Joan Simoni, 9182 Southview Rd., said she resides on the outSide of the City but was. concerned with all the cars that are parked in front of her 'home. She asked if a sign could be posted to limit parking? Ms. Butler said the Public Works Services Department should be contacted regarding signs in Arcadia. Jane Zumbernan, 9119 Somhview, said that if nothing can be done about this why were they noticed? She thought that even if they were allowed to proceed with development, the units should be rentals and not condominiums because llil the existing buildings in the area are rentals. What city staffis explaining does not make seuse. The entire neighborhood'is against this request. Arc8dia City, Planning Commission 6 3!281Otl . . Ms. Butler reiterated that the public hearing is State law. This procedure holds true for all developers who want to coustruct condominiums or subdivide a property. It would be very difficult to deny this request, considering that it fully complies with code. Jameson Lee,.3212 Odando Dr., the owner of the property, defended his project. He said they are not constructing this to sell. His family will be occupying each unit. His wife and child will be in one, his parents in another, and his in-laws in the other and he thought that his brother would be occupying the last unit. They are here tonight so they can each hold title to their respective unit. This is not being constructed to sell to non-fumily members. It is not going to be a speculative project. Had he known that he. would have:received this type of an opposition, he would not have purchased the property. He assured the residents that the project would be nicely developed and would'have beautiful landscaping, Betty Thompson, 1134 Okoboji, requested that the zoriing be changed to ensure that this would not happen again. Do they have any recourse? She hoped that they would reduce the size so that it would fit in better. Ms. Btitlersaid the residents could try to change the zoning, She explained the tees involved and the length oftirne that it would take to process this. She said they could ask the City Council to initiate this zone,change. She remarked that the project complies with code. They cannot ask the developer to reduce the size of the building because it complies with code. The zoning cannot be changed to reduce the size of dwellings in the R-3 zone because the R-3 .zone involves all properties in the City and not this particular area. No one else spoke in favor of or in opposition to this item. Chairman Pro TemHuangclosed the public hearing. Commissioner Kalemkiarian could not see any reason' to deny the request. Commissioner Murphy said the project complies with code and .the general plan. The area has been zoned R-3 for many years. This is a procedural process that they have to go through. They could have denied it if their modifications requested and if-it did not comply with code. MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Murphy to approveTPM 00-005 subjecno the conditions listed in the staffreport. ROLL CALL: AYES: NOES: ABSENT: Commissioner Kalemkiarian, Murphy, Huang None Commissioners Bruckner and Sleeter Chairman Pro Tern Huang noted that there is a ten-day appeal period. Appeals are to be filed by ApiillO. . Arcadia City Planning Commission 7 3128100 . . 5. PUBLIC HEARING TPM 00-006 100 and 110 White Oak Dr. Mr. arid Mrs. Kalm and Mr. and Mrs. Garabedian Consideration of a tentative parcel map and parcel map waiver fora lot-line adjustment. The staff report was presented and the public hearing was opened. Mr. Kalm, 100 White Oak, said he is one of the property owners involved. They are attemptiJi.g to correct an error thatwas made 45 years ago when the house was built. The corner of their home is on their neighbor's property. Their neighbors are intending to sell and they decided to resolve the problem.. They have had to go through the same process as any developer would go through for subdivisions and he thought the city should have a simpler procedure. He also requested a waiver of parcel map in conjunction with this lot line adjustment request. No one elSe spoke in favor of or in opposition to this item. Chairman.Pro Tern Huang closed the public hearing. Ms. Butler explained that staff is working on simplifYing the proCess. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Kalemkiarian to approve TPM 00.;006 subject to the conditions in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioner Kalemkiarian, Murphy,. Huang None CommiSsioners Bruckner and Sleeter Chairman Pro Tem Huang noted that there is a ten-day appeal period. Appeals are to be filed by April 10. 6. PUBLIC HEARING TPMOO-OO && Certificate of Compliance. Rear portions of Lots 15,16,17 and 18 on Torrey Pines Dr. and Parcell (the point lot off Whispering Pines Summit). All of these parcels are located in the Whispering Pines Development Charles Bluth Consideration of a tentative parcel map for a lot line adjustment to consolidate the rear portions of Lots 15, 16, 17 and 18 with the point lot created by Reorganization 1-96 (parCel I) into one lot which has an easement from Whispering Pines Summit. The staff report was presented. Ms. Butler said that Parcell is in Arcadia. Anything east of the sliver lot 9 is in Momovia. This area is usable land but not developable. Per the agreement with the City of Momovia, the sliver lots Arcadia City Planning,Commission 8 3128/00 . . cannot be developed. The title is not clear JorLots 15,16,17 and 18. The most recent Certificate of Compliance should have not been recorded. This action will revert the properties to the original plan and will <:lear titles for Lots 15, 16, 17 and 18, The public hearing was opened: Charles Bluth, 251 Whispering Pines, briefly explained the history of the project and how many years ago he started this project. It took more than five years to go through the cities of Arcadia and Monrovia and get the appropriate approvals for grading and issues su<:h as day lighting. It was understood that the Certificate of Compliance (COC) would not be recorded until the property was cleared. The COC Was to be recorded when all conditions of approval were fulfilled so that clear title could be provided. The lot line adjustment is reflected in the deed. He did not know whose fault it was that the COC was recorded. The recordation of the COC is in direct violation and as a result he has encountered problems and lost a sale, The sliver lots are quite siZable, The terrain is . straight down. In addition, restrictions were placed by both cities. The lots in Arcadia are worth approxiJpately $2.5 million and he is unable to sell until there is clear title. This is the easiest solution because it reverts the properties back to the original situation. The sliver lots are inaccessible. The sliver lots are only beneficial to their adjacent lots. The sliver lots are restricted to landscaping only. Structures cannot be constructed on them. Lot 18 bas the largest sliver lot and it has been landscaped. Currently, lot 17 is in escrow. The extra: land, which is approximately 500-sq. ft., is beneficial but IS not necessary. He pointed out again thatthe COC was recorded prior to when the title was clear. Mr. Pokerjack will not provide clearance with the purchase of lot I. He wants payment for each lot over and above what was originally agreed upon. Commissioner Murphy remarked they cannot have control over what documents are recorded. Mr. Bluth disagreed and said that indeed the City has control over what documents are recorded. He indicated that lot 18 was conveyed prior to the recordation of the COCo Eric Faith, 635 W Foothill, Monrovia, the attorney representing Mr. Pokerjack,said they are engaged in litigation concerning whether just lot 1 should be developed or should the entire 20 acres be developed at one time. They thought that the sliver lots should be attached to their own adjacent lots and.should not be developable and should only be landscaped. That is the only thing that makes sense. The elevations for these lots vary and it is difficult to have access. Mr. Bluth is.asking to reverse the COCbut they would have to go through this With the new owner. The court should make this decision. The Planning Commission should not be asked to reattach the sliver lots to a parcel that is no t attached to it. Mr. Faith said that it.is not the Planning Commission's responsibility to resolve title problems. One alternative is to negotiate. Mr. Pokeljack has encumbrance and to release it is subject to litigation or negotiations. In rebuttal, Mr. Bluth said that he has taken many steps for a quality development. He is attempting to correct a mistake that was made. This should have never happened. The COC should never have been recorded. He did not want to point fingers but said that someone recorded this document illegally. This document IS like giving Mr. Pokeljack a gun that he is holding over his head. Bart Stryker, 1450 N. Tustin, Santa Ana, said that typically other cities and counties, require a quit claim prior to a lot line adjustment. No one allows the recordation of lot line adjustments Without a Aratdia City Planning CommisSion 9 3128100 . . deed transfer. What is before the Planning Commission, is just asirnple way to correct or clear up the mistake. No one else spoke in mvor of or in opposition to this item. Chairman Pro Tern Huang closed the public hearing. Commissioner Murphy did not agree with staff's recommendation. The Pl8lJDing Commission should not be involved in title issues. It goes beyond their scope. He could not see any reason to approve this request. He could not justify and support an approval. Commissioner Murphy said to ask the Planning Commission to fix the problem is inappropriate. They should not be meddling in these types of issues. Commissioner Kalemkiarian agreed and said that it.seems absurd,that the title is confused. Ms. Butler remarked that they could appeal the Planning Commission's decision to the City Council. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Kalemkiarian to deny TPM 00"007 becaUse this would be inappropriate action by the Planning Commission and that the parties should settle their own differences. 'ROLL CALL: AYES: NOES: ABSENT: Commissioner Kalemkiarian, Murphy, Huang None Commissioners Bruckner and Sleeter Chairman Pro Tern Huang noted that there is a ten-day appeal period. Appeals are to be filed by April 10. MATTERS FROM CITY COUNCIL. None MATTERS FROM PLANNING COMMISSON None MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Huang recapped the actions taken by the Modification Committee. MATTERS FROM STAFF 1. CITY COUNCIL ACTIONS 2. UPCOMING AGENDA ITEMS Arcadia City Planning Commission 10 3128100 . . . c --'''''' U\O be no 1'\tl.-n.n'ID'ib ou"'- . __...in\!. CotnIllission \hll1 there '>NO ",. """, ....~ "" ""'.~ . t1\eetwg on Mol '- '- . p.Dl0\)\l.N 10 A-l'vJL '2,), 'lOOO 9'.\5p.t1\> ". ,,\t'lpW11\in~ eo,mnil'iOll '/ g, CotnIllission ;n$lOO \1