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HomeMy WebLinkAboutJANUARY 11, 2000 . . ~ . MINUTES . 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, . . 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, Arcadia city p~ Commission :z 1111100 3, PUBLIC HEARING .I: 2000-002 37 AIta Hank Jong . 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 Arcadia City PIamtiiIg' Commission 3 1/11100 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, ArcMill City plannim!: Commission 4 1/11100 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 , llIllDO . . 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 Atcudia City,P1anDing Commission 6 1I111OO 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, Arcadia City PIawing Commission 7 1/11100 Chairman Bruckner closed th!bliC hearing, . 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, A.........t.<i rihl PJ;m,.,;"'D r.nmrn;cJlinn 8 1111I00 . . 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 Arcadia City P1amiing Commission 9 1/11100 MODIFICATION COMMIA MEETING ACTIONS . 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 10 1/11100