HomeMy WebLinkAboutJANUARY 11, 2000
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Arcadia City Planning Commission
Tuesday, January 11,2000
7:40 p.m. in the COl1lU:il 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, January 11,
2000 at 7:15 p,m, in the Council Chambers of the City of Arcadia, at 240 W, Huntington Drive with
Chaitrnan Richard Bruckner presiding,
ROLL CALL:
PRESENT: Commiss,ioners Huang, Murphy, Sleeter,Bruckner
ABSENT: Commissioner Kalemkiarian
MOTION
It was moved by Commissioner Sleeter, seconded by Commissioner Huang to excuse
Commissioner Kalemkiarian from tonight's meeting. The motion passed by voice vote with
none disseP,ting,
OTHERS ATTENDING
Council Member Gail Marshall
Community Development Administrator Donna Butler
Assistant Planner CandyceBurnett
Assistant Planner Kenneth Phung
Secretary Silva Vergel
SUPPLEMENTAL INFORMATION FROM ST AFFREGARDING AGENDA ITEMS
Ms,Butler distribUted revised pages 5,6 and 7 for CUP 99-017,
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
L MINUTES ofl1/23/99 and 12/14/99
Commissioner Sleeter said that the Minutes of 12/14/99 should indicate that he was present at the
meeting,
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Due to lack of a quorum the Minutes of 11/23/99 were continued to the January 25th meeting,
MOTION
It was moved by Commissioner Sleeter, seconded by Chairman Bruckner to approve the
Minutes of December 14th as amended,
ROLLCALL:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioner Huang, Sleeter, Bruckner
None
Commissioner'Kalemkiarian
Commissioner Murphy
2, PUBLIC HEARING TPM.2000-001
856 Arcadia Ave.
TritechAssoc,
Consideration of a tentative parcel map for a 3-unit residential condominium project,
The staff'report was presented,
Staff said that the project complies with code,
The public hearing was opened,
Tom Hong Kao, TritechAssoc., 135 N. San Gabriel Blvd" San Gabriel, said they ate in agreement
with all of the conditions in the staffreport.
No one else spoke in favor of or in opposition to this item,
Chairman Bruckner c10sedthe public hearing,
MOTION
It was moved by Commissioner Murphy, seconded by Commissioner Huang to approve TPM
2000-001 subject to the conditions in the staff'rep<>rt.
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioner Huang, Murphy, Sleeter, Bruckner
None
Commissioner Kalemkiarlan
Chairman Bruckner noted tJIat there is a ten-clay appeal period, Appeals are to be filed by January
21,2000,
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PUBLIC HEARING .I: 2000-002
37 AIta
Hank Jong
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Consideration ,of a tentative parcel map for a 2-unit residential condominiwn project.
The staff report was presented.
Staff said that the project complies with,code,
Ms, Butler said that there is nothing that mandates that parking be provided for the business owners
to the north, Formaily years, the City m conjunction with the ABA attempted to create a parking
district, similar to the one north of HuntingtOn Dr, There seemed to be no desire by the. tenants and
owners to participate m this type of a program, The property on AIta is zoned for multiple-family
use and the property owner can develop it as.such, If a district would be created the businesses that
benefit from it would have to pay into the district, Me, Haas was granted a parking modification.
Council'Member'Marshall was concerned with the parking ,situation on the south side of Huntington
Dr, She felt that some of the landscape planters need to be removed to create parking for the
businesses on the south side, She thought the City needs to come up with a solution, Shesuggested
a jomt City Counci},and Planning Commission meeting,
Ms, Butler said that some property owners do not want ,to make their parking available for the other
busmesses, Many studies have been conducted to create a shared parking and/or parking district,
Staff has not overlooked this problellJ, The Economic Developtllent Admihistrator ,has spent many
hours working with the ABA and the busmesses to achieve that goaL
Chairman Bruckner said that several years ago, both the City Council and Planning Commission
walked through downtown and decided thatsmce the landscapmg had only been installed for six
months that they would allow additional time to see the result.
Council Member Marshall thought that the situation is worse now.
Ms, Butler reminded the Planning ComllJission that tile p,arking issue on Huntington Dr, is, not what
is before them, The Planning Commission should consider the. subdivision,
Chairman Bruckner agreed and said the item being discuSsed tonight is the land use issue,
The public hearing was opened,
Hank Jong, 881 Motite Verde, representing the property owner stated that uriless the City would like
to procure the property, the property owner is mterestedin developmg it with what is before the
Planning Commission, It is the property owner's right to develop the property, The property owner
can fence the property if he chooses to do so and not allow it to be utilized as a parkmg lot. The
project complies with code, They arem agreement with all of the conditions m the staff report,
John Nobrega, 28 Y, E, Huntington Dr" said he is the owner of the Golf Shop, He agreed that the
property owner does not have to allow anyone to utilize his property as parking. Why should he
assume the liability? He agreed with Council Member Marshall with regard to providing more
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par1cingon'Huntington'Dr, ~'rethe p1anters were put In, there wer! paddng spaces available
on the south side of Huntington Dr, Now there are only 10 and 3-4 are always taken up by patrons,
of the bars and these spaces are occupied all day 'long, reducing the available parlcing to 6-7 spaces,
The City needs to be fair and think about these businesses, Many of his female customers have
indicated to him that unless they can park on Huntington Dr" they will not go to his shop, They
refuse to park and walk through the alley with all the unusual people that can be there, Ms, Butler
indicated that the City has been in contact with the ABA. Well, the ABA has not even contacted the
merchants, When the downtown area was redeveloped, the businesses were told it would take six
months, Well,that took over 18, months, During thatti'meheinvested more than $70,000 ofms
own money, to keep his business going, If someone utilizes the parking in the rear, the property can
have the car towed and this has happened, There are "No Parking" signs, He has seen cars being
towed or cited by the Police,
In rebuttal, Mr, Jongreiterated that unless the City procures the property, it is the property owner's
righttd develop the property, He does not have to turn it into a parking lot for the businesses to the
north,
No one else spoke in favor of or in opposition to this item,
Chairman Bruckner closed the public hearing,
Chairman Bruckner said that it is important thatthey discuss the matteratband.
Commissioner Murphy said that it would be short sighted of the City to approve this if there is a
possibility that a parlcingdistrict could be created, '
,MOTION
It was m~)Ved by Commissioner Huang, seconded, by Commissioner Sleeter to approve TPM
2000-002 subject to the conditions in the staff report,
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioner "Huang, Murphy,Sleeter,:Bruckner
None
Commissioner Kalemkiarian
Chairman Bruckner noted that there is a ten-day appeal period, Appeals are to be filed by January
21,,2000,
4, PUBLIC HEARING MP 2000-001 & ADR 99-031
13 5-9 Genoa
San yao Int'I
Consideration of modifications for a 2-unit residential condominium project,
The staff report was presented,
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Staff indicated that currently!e are 3 dwellings on both of thelots'e proposal is for a 5-unit
project, The density allows a 7-8 unit project
The,public hearing was opened.
Robert Tong, 141 E, Duarte Rd" 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 Bruckner closed the public hearing,
Commissioner Murphy remarked thathe was tired of,seeingthe same type ofa design, He hoped
the architects would try to be a little bit more creative,
MOTION
It was moved by Commissioner Huang, seconded by Commissioner Sleeter to approve :IMP
2000-001 & ADR99-031 subject to the conditions in the staff report,
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioner Huang, Murphy, Sleeter, Bruckner
None
Commissioner Kalemkiarian
Chairman Bruckner noted that there is'afive working-day appeal period, Appeals are to be filed by
January 19,2000,
5, PUBLIC HEARING:IMP 2000-002 &ADR 99-029
225 E, Duarte Rd,
Huamin Chang
Consideration of modifications for a 5-unitresidential condominium project,
The staff report was presented,
Staff said that the average,setback in the area is between 25' -35',
The public hearing was opened,
HiJamin Chang, 2227 W, Valley Blvd" Alhambra, said they are in agreement with all of the
conditions in the staff report,
No one, else spoke in favor of or in oppositionto this 'item,
Chairman Bruckner closed the public hearing,
Commissioner Sleeter liked the design,
Arcadia city P1amriDg Commission
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Chairman Bruckner was pleased that the garages do not face the street. He thought that it would be a
nice project,
MOTION
It was moved by Commissioner Sleeter, seconded by Commissioner Murphy to approve MP
2000-002 & ADR 99-029 subject to the conditions, inthe staff report,
'ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioner Huang, Murphy, Sleeter, Bruckner
None
Commis~ioner'Ka1enikiarian
Chairman Bruckner noted that'there is a five working-day appeal period. Appeals are to be.filed by
January 19,2000,
6, PUBLIC HEARING CUP 99-017
400.N, First Ave,
Randy Rizzi
Consideration of conditional use' permit to expand a garage business for automotive,repair,
The staff report was presented,
Staff explained that the hoists were installed without building permits, She indicated that the
existing use is legal non-conforming, The expansiOn of a legal non-conforming use without an
approved CUP is prohibited, She outlined the violations:
. Outside storage
. mega!,lean-tos
. mega! canopy
. Two illegally installed hoists
The canopy bas been removed but the other violations still ,exist: The hoists were red tagged and Mr,
Rizzi was informed that he needed to cease their use until the CUP was approved,and a building
pemiit was obtained and inspections were conducted, Mr, Rizzi has ignored the "red tag" and,has
continued to utilize the hoists, As a result of non-compliance with the code,. the City Attorney's
office filed a criminal complaint against the applicant.
Ms, Butler explained that there are a number of non"conforming uses with outdoor hoists but all of
them were in existence in the area. Because the, hoists are new, they,need to comply with code,
The public hearing was opened,
John Gaule, 444E, Huntington Dr" said he represented the applicant, Mr, Rizzi, He was pleased to
hear Ms, Butler indicate that there were ' other outdoor hoists in the area. Unless Mr, Rizzi can use
the hoists, he will be forced to close his doors, He said that in her report, Ms, Bumettindicated that
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the site is not adequate in siz! accommodate the expanded use and! sometimes businesses are
so successful that they outgrow the property they are occupying, Suggesting relocation to an
existing business is outrageous, The City would be forcing him to relocate to neighboring cities, Is
that what the City wants to do?
If the PlanIiing Commission approved enclosing the hoists in a building, that would eliminate the
outdoor storage, which is one of the violations, The loss of parking spaces as a result of the
enclosure would not exacerbate the current on-site and off-site parking, He reminded the Planning
Commission that there are approximately 7 parking spaces available in front of the business along
La'Porte,
In response to a question by Commissioner Sleeter,Mr, Rizzi replied that one of the,hoists was
installed four years ago and the other two years ago, He has been at this site for 10 years and the
business has been there for 20 years, He apologized for not obtaining a building permit and he
attributed thaho his lack of knowledge of code requirements, A licensed contractor installed the
hoists and he was positive that they were installed according to code, He said that.ifthe Planning
Commission allows him"toenclose the hoists that would take care of all of the outside storage. He
would be able to move all equipmentindooIS, He can begin with construction immediately, He said
there are 6 on~site,parking, He did not anticipate having a parking problem if this was approved,
Staff remarked that 2 of the 6 parking spaces are now being occupied by the two hoists,
Mr. Rizzi responded to a question by Council Member Marshall, by saying that he has enough on
site parking, In fact, if he is permitted to enclose the hoists, he will actually gain parking space
because at night he can_park cars underneath the hoist, so he witJ actually gain parking,
Chairman Bruckller drove by today and based on his observation he thought it was a mess - cars
were being loaded and unloaded on the street, He asked, if they ever work on the cars in the street.
Mr, Rizzi said what Chairman Bruckner observed; the loading and unloading of cars; was probably
his neighbor, the towing business on the south side of La Porte S1 The only time they work on a car
on the streetwouldbeifithad a dead battery, They will then roll out a charger on the street to jump
start it, so they can pull the car onto their lot.
,Mr, Gaule, said that not only is he Mr,Rizzi's attorney, he is also his.customer, He drives by this ,site
often and in all the years that he has been his customer or driven by the site, he has never observed
anyone working on the cars in the street, If this is a cOncern, he assured the Planning Commission
that this would not happen, He reiterated that the bottom line is that.jf this CUP is not approved, Me,
Rizzi will be forced out of business and will' have to look elsewhere to relocate his business, He
remarked t\1at he will not be losing 3 spaces - it will be a transfer of the parking spaces, This plan
will allow for more space for storage,
Ms, Butler remarked that there really is no easy solution to this problem, She said the loss of the
spaces will reduce the available employee parKing. The City does not like to see businesses, moving
out of the area but a business should notilave a negative impact in the-neighborhood She reiterated
that the existing outdoor hoists in the City are legal non-conforming.
No one else spoke in favor of or in opposition to this item,
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Chairman Bruckner closed th!bliC hearing,
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CommisSioner Murphy agreed that there is a parking problem on La Porte but shutting down the
business is not the way to solve the problem, Constructing the building will not have an affect on the
existing parking but it will resolve some of the violations, He thought that the off-site parking
should be considered in staff's consideration,
Commissioner Sleeter asked if stacked pmking could be a possibility? He thought that would double
the parking capacity, :
Ms, Butler replied that code does not address that issue,
Commissioner Huang wondered why the two 'buildings have a 7' separation? Why are they not
closer to each other'? He thought by moving them closer they could gain a parking space,
Staff replied that the 7'-0" separation is a result of the property line, If they connect the two
buildings, they would have to bring the buildings up to code; Le" the building would need to be fire
sprinldered. In order to build across' a property line, the properties need to be consolidated with a
covenant.
Chairman Bruckner re-openedthe public hearing.
.Mr, Rizzi said that the compressor is kept in the location referred, He agreed to relocating the
building.
Chairman Bruckner closed the public hearing,
Chairman Bruckner thought that staff is very open minded when working with businesses and
residents, He;said tllis.situation has been going on since May, The City Attorney's office, even filed
criminal charges probably because of how long it has taken to get any response from the applicant.
He was not pleased that the hoists wereinstaIled without permits,
Council Member Marshall asked if they can pull their building permit?
Ms, Butler said that building permits could not be issued until this process has been completed, In
order to obtain a building permit, the CUP must be approved, He cannot get a temporary building
permit to operate because the City does not know whether the hoists have been installed correctly, It
is a safety issue, She noted that outdoor hoists are prohibited, A building permit cannot be granted
to sOlnething that is illegal,
Council Member Marshall asked how Mr, Rizzi could continue with the operation of his business if
he could,not get a permit?
Chairman Bruckner commented that Mr, Rizzi has been aware of these violations since May. It was
difficult for him to believe that he has let this situation go on for this long, He felt it was a lack of
cooperation on Mr, Rizzi'sbehalf. The applicant should have shown good faith and taken care of all
of the violations,
CommissiOner Murphy did not think. that is the Planning Commission's responsibility to be punitive,
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Chairman Bruckner asked if they would have permitted the hoists if this was not done? Given
Commissioner Murphy's perspective on parking, would he have been in favor of granting a parking
modification in an area where there.is already a parking problem and cars are being repaired on the
street? This is the approach that he wanted to take, He did not want to encourage people to
construct something without permit and then corne to the City and beg for forgiveness, He thought
approving this would do just that He did not want to approve something that had been done
illegally to begin with,
Commissioner Murphy thought they should address each issue separately, This is not the first time
that they have approved an item after the fact, They need to fix it Tearing it down is not the way to
fJxit
COmmissiQner Huang agreed with tabling this issue which would really not be shutting him down,
They are just asking him to address the code violations, He did not think that they have shown good
faith, He wailtedthe plan revised to provide what would be a substandard parking space,
Ms, Butler said that they could ,do a ,covenant and require that the property be held as one parcel
instead of going through the lot line adjustment procedure, Enlarging the building and enclosing
would give them additional storage where they could store the generator, She did not think they
would really gain any parking, This would provide for indoor storage rather than storing materials
outdoors,
Commissioner Murphy said that in view of the problems with compliance, with this applicant, the
Planning Commission should put milestone deadlines forcompiianceaildconstruction,
MOTION
It was moved by Chairman Bruckner, seconded by Commissioner Murphy for a one month
continuance to provide staff and the applicant time to work together to achieve an enhanced
plan, providing indoor storage and parking if necessary, address the property line issues, In
the interim, as a good faith gesture, they ask the applicant to eliminate any other code
violations on the site, The public hearing,is to be continued to February S'b
ROIL CALL:
AYES:
NOES:
ABSENT:
Commissioner Huang, Murphy; Sleeter. Bruckner
None
Commissioner Kalemkiarian
MA TIERS FROM CITYCOUNCIL
Council Member Marshall recapped the City Council'srecent actions,
MATTERS FROM PLANNING COMMlSSON
None
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MODIFICATION COMMIA MEETING ACTIONS
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Commissioner Huang recapped the actions taken by the Modification Committee,
MATIERS'FROM'STAFF
1, CITY COUNCn. ACTIONS
2, UPCOMING AGENDA ITEMS
Ms, Butler informed the Planning Commission of upcoming agenda items, She said that Santa Anita
filed a text amendment extending their hours, The public hearing will be held on the Planning
Commission's January 25th meeting, All residents within 1000' have been notified,
ADJOURNMENT
8:50 p:m,
AIcadi. CilyPlanning Commission
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