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HomeMy WebLinkAboutOCTOBER 9, 2001 (2) . . ,~ . MINUTES Arcadia City Planning Commission Tuesday, October 9, 2001 7:15 p.m. in the Council Chamhers 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 9, 2001 at 7: 15 p.rn. in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Kalemkiarian presiding. ROLL GALL: PRESENT: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian Commissioner Baderian MOTION It was moved by Commissioner Murphy, seconded by Commissioner Huang to excuse Commissioner Baderian from tonighCs meeting. The motion passed by voice vote with none dissenting. OTHERS ATTENDING Council Member Gail MarshalI Community DevelopmentAdministrator Donna Butler Associate Planner James Kasama Assistant Planner Candyce Burnett Assistant Planner Tom Li Senior Administrative Assistant Silva Verge I SUPPLEMENTAL INFORMA nON FROM STAFF REGARDING AGENDA ITEMS Ms. Butler Said that item rios., 6 and 8 6n the agenda are continued to the Planning Commission~s Novernber 13th rneeting. If there is anyone who would like to speak on the project they may do so now otherwise there will not be a report by staff on those two items. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATIERS (5 MlNUTEUMlT PER PERSON) None MOTION . . It was moved by Commissioner Olson, seconded by Commissioner Huang to read all resolutions by title only and waive reading the full body of the resolution. The.motion passed by voice vote with none dissenting. L MINUTES 9/25/01 MOTION It was moved by Commissioner Olson, seconded by Commissioner Murphy to approve the Minutes of September 25th as published. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang,Murphy, Olson, Kalemkiarian None Commissioner Baderian 2. PUBLIC HEARING CUP 01-008 1023 S. Baldwin Ave. Margaret Wong Consideration ofa review of the applicant's computer arcade business 'to increase the number of computer stations frorn20 to 30, as stipulated by Planning Commission Resolution No.. 1638. RESOLUTION NO. 1658 A resolution of the Planning Commission, of the City of Arcadia; granting CUP 01-008, to increase the number of computer stations from 20.\030 at 1023 S. Baldwin Ave. The staff report was presented and the public hearing was opened. Margaret Wong, 1107 Holly, Steven Rab~ 5080 S Sultana Ave., Temple City, were present. Mr. Rabi stated that the staff report is thorough. ,He"indicated that typically their older customers corne there later on in the evenings. The crowd grows older as the evening progresses. Generally, junior high aged children are there until 6:00 p.m., thereafter, their customers are people that come after work and after that their customers are ones that go there instead of bars. They get busier as the week progresses and in the weekends there are 20-30 people waiting to get onto a machine. Therefore, if they were allowed to expand, those who are waiting woUld be able to get onto a machine instead of sitting in their waiting room. The extra machines would allow them to accommodate their customers quicker instead of having to wait 3 hours for a 30.mii1ute session. They.have at least 2 employees present during the evenings. Stan Ohara, 6743 Cloverly, Arcadia, said he is one ofthe tenants in the center. His business,is located at 1041-3 S. Baldwin Ave. He was seriously concerned with the number of parking spaces in the center and its ratio to the number and uses of the businesses. There are I I businesses in the center with only 36 parking spaces. There is a parking problem here. During the weekends their customers have to park on Arcadia Ave. As a result of lack of parking, customers are parking in areas where they should not be parking. Consequently, this creates anuisance. He submitted a petition signed by some of the tenants in opposition with the request of extending the hours and stations. Their parking problem drastically got worse after Thai Pan restaurant went in. Arcadia City Planning Corrimission 2 1019101 . . In rebuttal, Mr. Rabi said, the Police Report indicates that the younger patrons walk to or are dropped off. They have taken steps to reduce the congestion and have worked with the Thai Pan and the Ahi Grill Restaurants. They have asked their employees to park elsewhere or to carpool, walk or bike to work. He indicated that there are 58 parking spaces. He believed that they have done everything in their power to address the parking issue. He did not think that they should carry the burden of the parking problem that they did not cause. No one else spoke in mvor of or in opposition to this item. Chairman Kalernkiarian dosed the public hearing. Ms. Butler indicated the parking is not the issue. Most of the parking problem is a result of the restaurants. The parking in this center is substandard. The question to ask would be does this use exacerbate the parking? Planning does not think so. Based on staffs observation most younger customers are dropped off and this would not compound the situation. The inclusion of 10 more stations will not create a problem, The Police Dept. is watching these uses. Staff feels comfortable with their, request. Commissioner Olson said this center has parking problems. He felt the increase in the nurnber of stations would not be detrimental. It would cut down on the waiting period. He felt comfortable and reassured that the Police Dept. was monitoring these situations. He thought this would be appropriate. He agreed with staff with regard to the parking problems. MOTION It-was moved by Commissioner Olson, seconded by Commissioner Murphy to approve CUP 01- 008 and adopt Resolution No. 1658 subject to the conditions listed in the staff.report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalernkiarian None Commissioner Baderian Chairman Kalernkiarian noted that 'there is a five working day appeal period after the adoption of the resolution. Appeals are to be filed by October 16th . 3. PUBLIC HEARING CUP 01-021 660 W. Duarte Rd" #2 Mr. Spencer Way & Ms. Grace Hsiao Consideration of a conditional use permit and parking modification to allow an after school education center fur up to 30 children, ages 12 to 16 years old, in 2,173 sq. ft. on the second floor of a two-story commercial building. J'hestaff report was presented. Arcadia City Planning Commission 3 10/9/01 . . 'Staff said the on-site parking is owned by 660 W. Duarte Rd. The parking behind the building is owned by Bank of America. The parking for 660 Duarte Rd. is behind the building but it blends into the parking lot for Bank of America. Ms. Butler said the 21 parking spaces immediately behind California Fed Bank belongs to them but the remainder belongs to Bank of America Staff indicated that tbe entire building would need to be fire sprinklered if this is approved. The approval of the educational center changes the use, therefore, they must bring the building into compliance with Code. The parking as it exists does not cornply including the width of stalls, aisles, and handicap spaces. The parking was designed in the I 960s. Many of the handicap spaces do not meet the current parking Standards. The two tal1dem spaces are located in the fire lane. There is only an 18' driveway which barely accoIllIl1odates 2-way traffic and it does.notmeet the standard. Staff said that a complaint was made because the children were congregating behind the building before or after classes. , It appears that this issue has already been addressed. Staffhas not been able to locate a document for.a mutuaL parking arrangement. Restriping will result in 19 pm:kingspaces. The standard spaces could remain but the handicap parking Spaces must be brought up to code. Staff said that'the applicant would not be able to comply with the 67 required parking spaces even if they restripedthe parking lot. The employees are curren~ly parking in the shopping center across the street which is owned by the same property owner and is also substandard. There are no documents that permit this remote parking arrangement. Ms. Butler said the building across the street is currently vacant. However, there is a request before the Planning Commission on tonight's agenda for a use at that site, however, it is being continued to the next meeting. The public hearing was opened. Kai Chen, 730 Adelyn San Gabriel, was representing the applicant. They realize that parking is an issue. He gave a brief history of the school. There was a misunderstanding between,the property owner, who applied for the business license, and the business owner, as to the type ofbusiness at the site. They quickly responded to the cornplaint that was made. Mr. and Mrs. Way will sprinkle the entire building even though it will be very costly. They would like to remain at this location. The,staffreport indicates the parking lot is not congested and the access is very convenient. School hours'are staggered and do not interfere with the bank's hours. Generally, they begin their buSiness as the bank is closing. This is a tutoring center and the parking should not create a problem. This center is geared for students who live and go to the Arcadia schools. There are some parents and graduates of this center in the audience. Mr. Kai said that the owner would install fire sprinklers. The property owner is willing to allow the overflow of parking to his centet across the street. Commissioner Murpbyasked if the b,uilding is for sale because there isa.real estate sign posted? Chainnan Kalemkiarianasked if they have attempted to fmd another location? Arcadia City Planning Commission 4 1019/0] . . Mr. Kai responded that they did look at other sites but they were unsuccessful in finding a suitable location. They determined that it is better for them to upgrade the building rather than relocate the business. The sprinklers will be expensive but their clientele would like them to stay at this location. Joe Borland, 660 W. Duarte Rd., the property owner was present. He said that the building is not for ,sale. He has permitted the realtors to post their sign as a nice gesture. He has found that their businesses compliment each other. He has received many of their students who need physical therapy. He thought this was anjdeal situation. In the past I Y:z years that they have been in operation, there has been no problenis. There is a 4-hour wall between these two businesses. The building is all concrete. There is no parking problem and handicap spaces are available. He has a longstanding relationship and understanding with Bank of America with regard to the parking and circulation arrangement. Elinor Lin, 135 W. Leroy, said she attended this school. She is' now a student-at Caltech, If it were not for them, she probably would not be where she is how. She could not recall any parking problems when she was dropped off there for her sessions. No one else spoke in favor of or in opposition to this item. Chaiiman,Kalemkiarian closed the public hearing. Commissioner Huang said that it appears clear that parking is not an issue. He could see staff's'view with regard to parking. They have approved many uses that have had a deficiency based on code but in reality the, parking lots are empty. He thought this was asimilar situation. Commissioner Murphy agreed. He thought that they~should not leave this open-ended and should have a time limitation on compliance. Ms. Butler said they are in plan check already. She indicated that there is not enough' parking across the street. That isa vacant 7,000 sq. ft. building., She explained the parking requirements for retail. She did not"want to tie this applicant with off site parking. The only way staff would be in favor of the off site parking would be if,the other center had excess parking by code, which the one in discussion does not. If the Planning Commission decides to approve this request, then condition 2 should be deleted. They can always revoke the CUP if they do not comply with the time schedule. Commissioner Olson did not think that parking is a problem although there might be a little congestion in lateaftemoons when the bank'is closing and the tutoring center's students are being dropped off Commissioner Murphy said if this was being occupied by a different type of a use, then there would be a parking problem but hased on this use, he did not think that'it would be an issue. Commissioner Kalemkiarian said that in light of staff's concerns, should they review this in 6-months after it has been in operation to see if there are-any problems? Ms. .Butler said that staff could provide a written report. Commissioner Murphy said that they have approved requests with greater parking deficiencies. He could not see the reasoning behind revisiting this and it would be inappropriate to ask the applicant to return. Arcadia,City Planning Commission 5 1019/01 . . Commissioner Olson was in favor of receiving a report, only if there is.a problem. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Olson to approve CUP 01- 021, file the Negative Declaration, subject to the conditions listed in the staff report with the. amendment that condition 2 shallbe deleted. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian Chairman Kalemkiarian noted that there is a five working daJ: appeal period after the adoption of the resolution.. The resolution will be adopted on November 13 . Appeals are to be filed by November 21". 4. PUBLIC BEARING MP 01-012 & ADR 01-028 44 Fan.o St. Nerses Yerjanian Consideration of modifications to replace a demolished 660 sq. ft., 2-bedroom dwelling unit with an 1,100 sq. ft., 2-bedroom unit above ,a 4-car garage at a legal non-conforming R-3 zoned lot with an existing 3-unit apartment. The staff repOrt was presented. Staff explained the density requirements. they could build 2-units and cOlllply with code but 3-units have been approved and built on similar lots with modifications. The configuration would be completely different if they would tear down and rebuild. The public hearing was opened. Jonathan Sagherian, 109 .E. Harvard, Glendale, said the Yerjanians purchased this property approximately six months ago. They were aware that the unit was tom down but thought they could rebuild it. He explained the size of the existing units. He noted that at the PlanningComrnission's last rneeting, they approvea the Housing Element which discusses providing affordable housing. These units would definitely qualify as affordable housing. If they demolished the existing units and built a new project, the units would no longer qualifY as "affordable housing". If this request is approved, they would be promoting and providing housing for very low and low income households. Complying with the City's requirements would be a hardship for both the owners and the tenants. The-rear of the project from the alley would be consistent with what is in the area. They are trying to enhance the existing units and provide better amenities for their tenants. They will be improving the landscaping and some of the current conditions which are illegal will be addressed as a result of this improvement. Nerses Yerjanian, 1181 N. Vinedo, Pasadena, owner, said that the current units are 600 sq. ft. and the rents.are approximately $800. Arcadia City Planning Commission 6 10/9/01 . . Vic Khachatoorian, 1101 E. Broadway, Glendale, said that they have designed this to meet current codes. They would like to improve the building and some of the existing substandard conditions for their tenants. In response to a question by Chairman Kalemkiariiln, Mr. Sagherian said that if they were to tear down and rebuild they could only build a 2-Unit project to fully comply With code. If they build a 3-unit project, they would need modifications. But, tearing down is out of the question due to economic hardship for both the property owner and the tenants who wonld be displaced. They have looked at that option but decided against it. Gemma, Hernandez, 44 Fano, said they are one of the tenants. They would like to see the building improved and are excited that their new landlord warits to improve their living environment and the added amenities. She submitted a petition signed by all the tenants in favor of this request. Mr. Yerjanian remarked that they purchased this property recently. He thanked, staff for all the time that they have spent on this project with him. They have come up with the best design for this project. Tea."ing down is not an option at the present time. In the future, they could consider that but at the present time that is impossible, Staffhas remarked that approving this request would extend the life of this building indefinitely. Based on the Housing Element that the Planning Commission just recently approved, there is a need for low income housing, which his units qualify as such. His tenants consist of a single mom and her two children, and blue color workers. The rents are affordable for them. The average rent in the City is $1400-$1500 a month, whereas, the rents at his building are $800 a month. Commissioner Murphy remarked that this seems extreme. Mr, Sagherian,said that eyenifthey were to rebuild they would need a parking modification. Applying the code to tl$ project creates a hardship for Qoth the property owner and the tenants, The property owners would be spending a great deal of money to improve this building. ' Ms. Butler aSked them to explain the reasons for the hardship. She pointed out that when they purchased.it, it only had 3-units and not 4-uni(s, Mr. Yerjanian explained that they are not intending to tear down the building due to the financial hardship not to mention displacing his existing tenants. Ms, Butler explained what would require a building permit. Varteni Yerjanian, 1181 N, Vinedo, Pasadena, said they knew when they purchased the property that the fourth unit was there and bad hoped to, rebuild it. If this request is denied, the condition wiil,remain for atJeast ten years. They are not, intending to sell the building. No one else spoke in favor of 9r in opposition to this item. Chairman Kalernkiarian closed the public hearing. Staff said that the previous owner came in to discuss the scope of the building improvement. He asked for an inspection. When staff visited the site they had tom down the majority of the building and the material was in the trash bin and was termite ridden. The only thing that was lell was the slab. Arcadia Cil)! Planning Commission 7 10/9/01 . . Commissioner Murphy complimented the applicant for his efforts in trying to improve the building. He sympathized with, both the properly owner and the tenants for what they are going through. But; this request is beyond what he woUld be willing to consider. He was aware that if this is denied, the building might stay in its present condition but he felt that this is just'a band-aide approach and not a longcterm solution. He was opposed to the garage proposal. Ms. Butler said in order for them to qualifY for low income housing, they woUld haveto register with the State. The eligibility is based upon income and as well as price of units. He could register with Section 8 Housing which is provided by the County. These are older units and do not comply with the parking requirements. Commissioner Huang agreed with Commissioner Murphy. It is a shame that the actions taken were without staffs approval. . ' Commissioner Olson concurred. The proposal does not secure an appropriate improvement. It does not provide uniformity of development, nor is it an unreasonable hardship. The new owners were fully aware of what they were purchasing. Thc City cannot control rents nor can they guarantee that the sarne tenants would remain. He coUld not support this request. MOTION It was mOved by Commissioner Olson, 'seconded by Commissioner Murphy to deny MP 01-012 &ADR 01-028 based on findings A, B and C. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huahg,Murphy, Olson, Kalemkiarian None Commissioner..Baderian Chairman Kalemkiarian noted that there is a. five working day appeal period. Appeals are to be filed by October 161h. 5. PUBLIC HEARING CUP 01-025 5449 Peck Rd. John Beke for TetraTech Wireless for Verizon.Wireless Consideration of a conditional use permit to instalJ,use, and maintain a 416 sq. ft. wireless communication facility including a 42' monopole. RESOLUTION NO. 1655 A resolution of the Planning Commission of the City of Arcadia, granting CUP 01-025 for a wireless communication facility at 5449 Peck Rd. The staff report was presented and, the public hearing was opened. John Beke, 357 Van Ness Way, Torrance, sa:id,that there would be five Base Transceiver Station (BTS) , electronic equipment ,cabinets. The plan shows 5 BTS units, but they are intending to build only 3. Arcadia City Plannmg Conultission 8 10/9/01 . . However, they would like the approval for 5 for the future. These BTS units would be for Verizon and they have used a variety of styles fur camouflaging the units. These would be setback 300' from the street. No one else spoke in favor of or in opposition to this item. Chairman KalemkiarillIl closed the public hearing. MOTION It was moved by Commissioner Olson, seconded by Commissioner Murphy to approve CUP 01- 025, the Negative Declaration and adopt Resolution No. 1655, subject to the conditions listed in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissiol1ers Huang, Murphy, Olson, Kalemkillrian None Commissioner,Baderian . Cluiirmah K.lilemkiarian noted that there is a five working day appeal period after the adoption of the resolution. Appeals are to be filed by October 16th. 6. PUBLIC HEARING CUP 01-026 657 W. Duarte Rd. Carlos and Elizabeth Andrino Consideration of a conditional use pemiit to operate a children's daycare and preschool facility from 6:30 a.m to 6:30 p.m, 5-days a week. This item is being continued to the, November 13th meeting. 7. PUBLIC HEARINGMP 01-014 317Warren Way Arron Lam Consideration of modification for an 11'-6" to 14~-0" westerly side yard setback in lieu of 18' -6" required, to add a second story master bedroom addition to an existing one-story dwelling. The staff report was 'presented and the public hearing was opened. No one spoke in favor of or in opposition to this item Chairman Kalemkiarian closed the public hearing. MOTION Arcadia City PlaMing Commission 9 10/9/01 . . It was moved by Commissioner Murphy, seconded by Commissioner Olson to approve MP 01- 014 subject to the conditions listed in the ,staff report. ROLL CALL: AYES: NOES: ABSENT: COminissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian Chaiiman,Kalemkiarian rioted that there is a five working day appeal period. Appeals are to be filed by October 16th. 8. PUBLIC HEARING 821 San Vicente Ibrahim Irawan Consideration of an appeal ofthe,Rancho Santa Anita Residents Association's ARB's denial of a proposed 5,888 sq. ft. home with an attached 926 sq. ft. 3-car garage. In addition, the applicant is requesting a modification to permit a front entry height of 20' -0" in lieu of a maximum height of 14' -0", and an encroachment to an existing oak tree that is currently within the site's front yard area. This item.is being continued to the Novernber 13th meeting. NON PUBLIC HEARING ITEMS 9. RESOLUTION NO. 1659 A resolution of the Planning Commission of the City of Arcadia, California, granting CUP 01- 019 for a bookstore with computer stations at 815 W. Naomi. Ms. Butler read the title of the resolution. MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Olson to adopt Resolution No. 1659 and to formally affirm the decision of September 25th and the votes thereon. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian MATTERS FROM CITY COUNCIL Arcadia City Planning Commission 10 1019/01 . . Council Member Marshall said that Supervisor Antonovich will be holding a Veteran's Day Celebration. MATIERS FROM PLANNING COMMlSSION None MODIFICATION COMMITTEE MEETING ACTIONS None MATIERS FROM STAFF 1. CITY COUNCIL ACTIONS 2. UPCOMINGAGENDA ITEMS Ms. Butler said the ribbon cutting for the new Historic Museum will be on October 20th. She noted that staff would be bringing new arc!>itectural design regulations to be considered hy the Planning Commission for commercial, industrial and multiple-family projects in November. Based upon comments by the Planning Commission, it was determined that they would review this at a regular . meeting. ADJOURN TO NOVEMBER 13 9:20 p.m/ ~'= ecretary, Arcadia P . g Commission Arcadia City Planning Commission II 10/9/01 . . 5. PUBLIC HEARING CUP 01-025 5449 Peck Rd. John Beke for Tetra Tech Wireless for Verizon Wireless Consideration of a conditional use permit to install, use, and maintain a 416 sq. ft. wireless communication facility including a 42' monopole. RESOLUTION NO. 1655 A resolution of the Planning Commission of the City of Arcadia, granting CUP QI-025 for a wireless communication facility at 5449 Peck Rd. The staff report was presented and the public hearing was opened. John Beke, 357 Van Ness Way, Torrance, said that there would be five Base Transceiver Station (BTS) electronic equipment cabinets. The plan shows 5 BTS units. but they are intending to build only 3. However, they would like the approval for. 5 for the future. These BTS units would be for Verizon and they have used a variety of styles for camouflaging the units. These would be setback 300' from the street. No one else spoke in favor of or in opposition to this item. Chairman Kalemkiarian closed the public hearing. MOTION It was moved by Commissioner Olson, seconded by Commissioner Murphy to approve CUP (ll. 025, the Negative Declaration and adopt Resolution No. 1655, subject to the conditions listed in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Badetian Chairman Kalemkiarian noted that there is a five working day appeal period after the adoption of the resolution. Appeals are to be filed by October 16lh. Arcadia City Planning Commission II 1019/01 . . 6. PUBLIC HEARING CUP 01-026 657 W. Duarte Rd. Carlos and Elizabeth Andrino Consideration of a conditional use permit to, operate a cliildren's daycare and preschool facility from 6:30 am. to 6:30p.m., 5-days a week. This item is being continued to the November 13th meeting. Arcadia City Planning Commission 12 10/9/01 . . 7. PUBLIC HEARING MP 01-014 3] 7 Warren Way ArronLam Consideration of rnodification for an ]] '-6" to ]4'-0" westerly side yard setback,in lieu of ] 8' -6" required, to add a second story master bedroom addition to an existing one-story dwelling. The staff report was presented and the public hearing was opened. No one spoke in favor of or in opposition to this item. Chairman Ka]emkiarian closed the public hearing. MOTION ]t was moved by Commissioner Murphy, seconded by Commissioner Olson to approve MP 0]- D] 4 subject to the conditions listed in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian Chairman Kalemkiarian noted that there is a tiveworking day appeal period. Appea]s are to be ti]ed by October ]6th. Arcadia City, Planning Commission 13 1O/9iol . . 8, PUBLIC HEARING 821 San Vicente Ibrahim Irawan Consideration of an appeal of the Rancho Santa Anita Residents Association's ARB's denial of a proposed 5,888 sq. ft. home with an attached 926 sq. ft. 3-car garllge. In addition, the applicant is requesting a modification to permit a front entry height of 20' -0" in lieu of a rnaximum height of 14'-0", and an encroachment to an existing oak tree that is currently within the site's front'yard area. This item is being continued to the,November 13lb meeting. Arcadia City Planning-Commission 14 1019/01 . . NON PUBLIC HEARING ITEMS 9. RESOLUTION NO. 1659 A resolution of the Planning Commission of the City of Arcadia, California, granting CUP 01- 019 for a bookstore with computer stations,at 815 W.Naomi. Ms. Butler read the title of the resolution. MOTION It was moved by Commissioner KaIemkiarian, seconded by Commissioner Olson to adopt Resolution No, 1659 and to formally affIrm the decision ofSeptember.25tb and the votes thereon. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian Arcadia City PJis.nnj~g Comrriission IS 1019/01 . . 4. PUBLIC HEARING MP 01-012 & ADR 01-028 44 Fano Sl. Nerses Yerjanian Consideration of modifications to replace a demolished 660 sq. ft., 2-bedroom dwelling unit with an 1,100 sq. ft., 2-bedroom unit above a 4-car garage at a legal non-conforming R-3 zoned lot with an existing 3-unit apartment. The staff report was presented. Staff explained the density requirements. They could build 2-units and comply with code but 3-units have been approved and built on similar lots with rnodifications. The configuration would be completely different if they would tear down and rebuild. The public ~earing was opened. Jonathan Sagherilln, 109 E. Harvard, Glendale, said the Yerjanians purchased this property approximately six months ago. They were aware that the unit was tom down but thought they could rebuild it. He explained the size of the existing units. He noted that at the Planning Commission's last meeting, they approved the Housing Element which discusses providing affordable housing. These units would definitely qualify as affordable housing. If they demolished the existing units and built a new project, the units would no longer qualify as "affordable housing". If this request is approved, they would be promoting and providing housing for very low and low income households. Complying with the City's requirements would be a hardship for both the owners and the tenants. The rear of the project from the alley would be consistent with what.is.in the area. They are trying to enhance the existing units and provide better amenities for their tenants. They will be improving the landscaping and some of the current conditions which are illegal will be addressed as a result of this improvement. Nerses Yerjanian, 1181 N. Vinedo, Pasadena, owner, said that the current units are 600 sq. ft. and the rents are approximately $800. Vic Khachatoorian, nOI E. Broadway, Glendale, said that they have designed this to meet current codes~ They would like to improve the building ,and some of the existing substandard conditions for their tenants. In reSponse to a question by Chairman Kalemkiarian, Mr. Sagherian said that if they were to tear down and rebuild they could only build a 2-unit project to fully comply with code. If they build a 3-unit project, they would need modifications. But, tearing down is out of the question due to economic hardship for both the property owner and the tenants who would be displaced. They have looked at that option but decided against it. Gemma Hernandez, 44 Fano, said they are one of the tenants. They would like to see the building improved and are excited that their new landlord wants to improve their living environment and the added amenities. She submitted a petition signed by all the tenants in favor of this request. Mr. Yerjanian remarked that they purchased this property recently. He thanked staff for all the time that they have spent on this project with him. They have come up with the best design for this project. Tearing down is not an option at the present time. In the future, they could consider that but at the Arcadia City Planning Commission 8 1019/01 . ' . . present time that is impossible. Staff has remarked that approving this request would extend the life of this building indefinitely. Based on the Housing Element that the Planning Commission just recently approved, there is a need for low income housing, which his units qualify as such. His tenants consist of a single mom and her two children, and blue color workers. The rents are affordable for them. The average rent in the City is $1400-$1500 a month, whereas, the rents at his building are $800 a rnonth. Commissioner Murphy remarked. that this seems extreme. Mr. Sagherian said that even if they were to rebuild they would need a parking modification. Applying the code to this project creates a hardship for both the, property owner and the tenants. The property owners would'bespending a great deal of money to improve this building. Ms. Butler asked them to explain the reasons for the hardship. She pointed out that when they purchased it, it only had 3-units and not 4-units. Mr. Yerjanian eXplained that they are not intending to tear down the building due to the financial hardship not to mention displacing his existfug tenants. Ms. Butler explained what would require a building permit. Varteni Yerjanian, U81 N. Viitedo, Pasadena, said they knew when they purchased the property that the fourth unit was there and had hoped to rebuild it. If this request is denied, the condition will remain for at least ten years. They are not intending to sell the.building. No one else spoke in fuvorof or in opposition tOlhis item. Chairman Kalernkiarian closed the public hearing. Staffsaid that the previous owner came in to discuss the scope of the building improvement. He asked for an inspection. When staff visited the site they had tom down the majority of the building and the material was in the trash bin and was termite ridden. The orily thing that was!eft was the slab; Commissioner Murphy complimented the applicant for his efforts in trying to improve the building. He sympathized with both the property owner and the tenants for what they are going through. But, this request is beyond what he would be willing to consider. He was aware that iftIDs is denied, the building might stay in its present condition but he felt ~t this is just a band-aide apprQac!1 and IlQt a long-terrn solUtion. He was opposed to the garage proposal. Ms. Butler said in order for them to qualify fur low income housing, they would have to register with the State. The eligibility is based upon income and as well as price of units. He could register with Section 8 Housing which is provided by the County. These are older units and do not comply with the parking requirements. ' Commissioner Huang agreed with Commissioner Murphy. 11 is a shame that the actions taken were without staff's approval. Commissioner Olson concurred. The proposal does not secure an appropriate improvement. It does not provide uniformity of development, nor is it an unreasonable hardship. The new owners were fully Arcadia Cit)'- Planning Corrimission 9 10/9/01 . ' . . . aware of what they were pUrchasing. The City cannot control rents nor can they guarantee that the same tenants would remain. H~ could not support this request. MOTION It was moved by Commissioner Olson, seconded by Commissioner Murphy to deny MP 01-012 & ADR 01-028 based on findings A, B and C. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Comrilissioner Baderian Chairman Kalemkiarian noted that there is a five working day appeal period. Appeals are to be filed by October 16th. Arcadia City Planning Comntission 10 1019/01 f........ " . . 3. PUBLIC HEARING CUP 01-021 660 W. Duarte Rd., #2 Mr. Spencer Way & Ms. Grace Hsiao Consideration of a conditional use permit and parking modification to allow an after school education center for up to 30 children, ages 12 to 16 years old, in 2,173 sq. ft. on the second floor ofa two-story commercial building. The staff report was presented. Staff said the on-site parking is owned by 660 W. Duarte Rd. The parking behind the building is owned by Bank of America. The parking for 660 Duarte Rd. is behind the building but it blends into the parking Jot for Bank of America. Ms. Butler said the 21 parking spaces immediately behind California Fed Bank belongs to them but the remainder belongs'to Bank of America. Staff indicated that the entire building would need to be fire sprinklered if this is approved. The approval of the educational center changes the use, therefore, they must bring the building into compliance with Code. The parking as it exists does not comply including the width of staUs, aisles, and handicap spaces. The parking was designed in the ] 960s. Many of the handicap spaces do notmeet the current parking -standards. The two tandem spaces are located in the fire lane. There is only an 18' driveway which barely accommodates 2-way traffic and it does not meet the standard. Staff said that a complaint waS made because the children were congregating behind , the building before or after classes. It appears that this issue has already been addressed. Staff has not been able to locate a document for a mutual parking arrangement. Restriping will result in ]9 parking spaces. The standard spaces could remain but the handicap parking spaces must be brought up to code. Staff said that the applicant would not be able 'to comply with the 67 required parking spaces even if they restriped the parking lot. The employees are currently' parking in the shopping center across the street which is owned by the same properly owner and is also substandard. There are no documents that pennit this remote parking arrangement. Ms. Butler said the building across the street is currently vacant. However, there is a request before the Planning Commission on tonight's agenda for a use at that site, however, it is being continued to the next meeting. The public hearing was opened. Kai Chen, 730 Adelyn San Gabriel, was representing the applicant. They realize that parking is an issue. He gave a brief history of the school. There was a misunderstanding between the properly owner, who applied for the business license, and the business owner, as to the type of business at,the site. They quickly responded to the complaint that was made. Mr. and Mrs. Way will sprinkle the entire building even though it will be very costly. They would like to remain at this location. The staff report indicates the parking lot is not congested and the access is very convenient. School hours are staggered and do not interfere with the bank's hours. Generally, they begin their business as the bank.is closing. This is Arcadia City Planning Commission 5 1019/0 I .'..., . . . a tutoring center and the parking should not create a problem. This center is geared for students who live and go to the Arcadia schools. There are some parents and,graduates of this center in the,audience. Mr. Kai said that the owner would install fire sprinklers. The property owner is willing to allow the overflow, of parking to his center across the street. Commissioner Murphy asked if the building is for sale because there is a real estate sign posted? Chairman Kalemkiarian asked if they have attempted to find another location? Mr. Kai responded that they did look at other sites but they were unsuccessful in finding a suitable location. They determined that it is better for them to upgrade the bui lding rather than relocate the business. The sprinklers will be expenSive but their clientele would like them to stay at this location. Joe Borland, 660 W. Duarte Rd., the 'property owner was present. He said that the building is not for sale. He has penilitted the realtors to post their sign as a nice gesture. He has found that their businesses compliment each other. He has received many of their students who need physical therapy. He thought this was an ideal situation. In the past 1 II, years that they have been in operation, there has been no problems. There is a 4-hourwall between these two businesses. The building is all concrete. There is no parking problem and handicap spaces are available, He has a longstanding relationship and understanding with Bank of America with regard to the parking and circulation arrangement. Elinor LiD, 135 W. Leroy, said she attended this school. She is now a student at Cahech. If it were not for theql, she probably would not be where she is now. She could not recall any parking problems when she was dropped off there for her sessions. ' No one else spoke in favor of or in opposition to this item. Chairman Kalemkiarian closed the public hearing. Conunissioner Huang said that it appears clear that parking is not an issue. He could see staff's view with regard to parking. They have approved many uses that have had a deficiency based on code but in reality the parking lots'are empty. He thought this was a similar situation. Commissioner Murphy agreed. He thought that they should not leave this open-ended and.should have a time limitation on compliance. Ms. Butler said they are in plan check already. She indicated that there is not enough parking across the street. That is a vacant 7,000 sq. ft. building. She explained the parking requirements for retail. She did not want to tie this applicant with off site parking. The only way staff would be in favor of the off site parking would be. if the other center had excess parking by code, which the one in discussion does not. If the Planning Commission decides to approve this request, then condition 2 should be deleted. They can always revoke the CUP if they do not comply with the time schedule. Commissioner Olson did not think that parking is a problem although there might be a little congestion in late afternoons when the bank is closing and the tutoring center's students are being dropped off. Commissioner Murphy said if this was being occupied by a different type of a use, then there would be a parking problem but based on this use, he did not think that it would be an issue. Arcadia City Planniog Commission 6 1019/01 . . .,-' . Commissioner Kalemkiarian said that in light of staff's concerns, should they review this in 6-months after it has been in operation to see iftbere are any problems? Ms, Butler said that staff could provide a written report. Commissioner Murphy said that they have approved requests with greater parking deficiencies. He could not see the reasoning behind revisiting this and it would be inappropriate to ask the applicant to return. Commissioner Olson was in favor of receiving a report, only if there is a problem. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Olson to approve CUP 01- 021, file the Negative Declaration, subject to the conditions listed in the staff report with the amendment that condition 2 shall be deleted. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian Chairman Kalemkiarian noted that there is, a five working da~ appeal period after the adoption of the resolution. The resolution will be adopted on November 13 . Appeals are. to be filed by November 21". A......A;.. r:+t, 01......;.... r...........;....:~_ , t nIt"", , . . ....,.., , 2. PUBLIC HEARING CUP 01-008 1.023 S. Baldwin Ave. Margaret Wong Consideration of a review of the applicant's computer arcade business to increase the number of computer stationsfrom2D to 3D, as stipulated by Planning Commission ResolutionNo. 1638. RESOLUTION NO. 1658 A resolution of the Planning Commission, of the City of Arcadia, granting CUP .01-.008, to increase the number of computer stations from 2.0 to 3D at 1.023 S. Baldwin Ave. The staff report was presented and the public hearing was opened. Margaret Wong, 1107 Holly, Steven Rab~ 5.08.0 S Sultana Ave., Temple City, were present. Mr. Rabi stated that the staff report is thorough. He indicated that typically their older customers come there later on in the evenings. The crowd grows older as the evening progresses. Generally, junior high aged children are there until 6:.0.0 p.m, thereafter, their customers are people that corne after work and after that their customers are ones that go' there instead of bars. They get busier as the week progresses'and in the weekends there 'are 2D~3D people waiting to get onto a. machine. Therefore, if they were allowed to expand, those who are waiting would be able to get onto a machine instead of sitting in their waiting room The extra machines would allow them to accommodate their customers quicker instead of having to wait 3,hours for a 3D minute session. They have at least 2 employees present during the evenings. Stan Obara, 6743 Cloverly, Arcadia, said he is:one of the tenants in the center. His business is located at 1041-3 S. Baldwin Ave.' He was seriously concerned with the number of parking spaces in the center and its ratio to the number and uses ofthebusinesses. There are 11 businesses 'in the center with only 36 parking spaces. There is a parking problem here. During the weekends their customers have to park on Arcadia. Ave, As a result of lack of parking, customers are parking in areas where they should not be parking, Consequently, this creates a nuisance. He submitted a petition signed by some of the tenants in opposition with the request of extending the hours and stations. Their parking problem drastically got worse after Thai Pan restaurant went in. In rebuttal, Mr. Rabi said, the Police Report indicates that the younger patrons walk to or are dropped off. They haye taken. steps to. reduce the congestion, and haye worked with the Thai Pan and the Ahi Grill Restaurants. They have asked their employees to park elsewhere or to carpool walk or bike to work. He indicated that there ate 58 parking spaces. He believed that they have done everything in their power to address the parking issue. He did not think that they should carry the burden of the parking problern that they did not cause. No one else spoke in favor of or in opposition to this item Chairman.Kalemkiarian closed the public hearing. Ms. Butler indicated the parking is not the issue. Most of the parking problem is a result of the restaurants. The parking in this center is substandard. The question to ask would be does this use exacerbate the parking? Planning does not think so. Based on staff's observation most younger customers are dropped off and this would not compound the situation. The inclusion of 1 .0 more stations Arcadia City'Planning Commission 3 1019/01 . . c,''''' . I. will not create a problem. The Police Dept. is watching these uses. Staff feels comfortable with their request. Commissioner Olson said this center has parking problems. He felt the increase in the number of stations would not be detrimental It would cut down on the waiting period. He felt comfortable and reassured that the Police Dept. was monitoring these situations. He thought this would be appropriate. He agreed with.staffwith regard to the parking problems. MOTION It was moved by Commissioner Olson, seconded by Commissioner Murphy to approve CUP 01- 008 and adopt Resolution No. 1658 subject to the conditionS listed in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Huang, Murphy, Olson, Kalemkiarian None Commissioner Baderian Chairman Kalemkiarian, noted that there is a five working day appeal period after the adoption of the resolution. Appeals are to be filed by October 16th. ' Arcadia City Planning,Commission 4 10/9/0 I