HomeMy WebLinkAboutSEPTEMBER 23, 2003
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MINUTES
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Arcadia City Planning Commission
Tltesday, September 23, 2003
7:00 p.rn. in the Arcadia City Council Chamben
PLEDGE OF ALLEGIANCE
The planning Commission of the City of Arcadia met In regular session on Tuesday, September 23,
2003 at 7:00 p.m. in the Arcadia Council Chambers of the City of Arcadia, at 240 W, Huntington Dr,
with Chairman ProTem Lucas presiding.
ROLL CALL:
PRESENT:
ABSENT:
CommissionersHsu, Olson, Wen, Lucas
Commissioner Baderian
MOTION
It was moved by Commissioner Olson, seconded by Commissioner Wen to excuse
Commissioner Baderian from tonight's meeting. The motion passed by voice vote with none
dissenting.
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
OTHERS ATTENDING
Community Development.Administrator Donna Butler
Planning Services Manager Corkran Nicholson
Associate Planner Joe Lambert
Assistant Planner Tom Li
Senior Administrative Assistant Silva Vergel
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
Ms. Butler indicated that a letter of opposition from Henning Baisner was submitted regarding item 3 on
the agenda, as well as an amended sheet for item no. 5 on the agenda.
MOTION
It was moved by Commissioner Hsu, seconded by Commissioner Wen to read all resolutions by
title only and waive reading the fully body of the resolution.
ROLL CALL:
AYES:
NOES:
CommissionersHsu. Olson, Wen, Lucas
None
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ABSENT: Commissioner Baderian
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE
PLANNING COMMISSION ON NON-PUBLIC HEARlNGMATfERS (5 MINUTE LIMIT PER
PERSON)
None
1. PUBLIC HEARING TPM2003-012
860 W, Huntington Dr.
Twen Ma
Considerati9n of a tentative parcel map for a 4-unit residential condominium project.
The staff report was presented and the public, hearing was opened.
Jack Lee, representing Mr, Ma, 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 Lucas closed the public hearing.
MOTION:
It was moved by Commissioner Olson, seconded by Commissioner Hsu to approve TPM
2003-012 subject to all the conditions listed inthestaffreport,
ROLL CALL:,
AYES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
Chairman Pro Tern Lucas noted tIiatthere is a ten-day appeal period. Appeals are to be filed by October
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2. PUBLIC HEARING CUP 2003;011
211 E, Live Oak Ave.
Ken Fang
Consideration of conditional use permit for a restaurant with outdoor seating for 12 persons.
The proposed hours are Monday-Friday, 11 :00 a.m. to 8:00 p.m., Saturdays, 11 :30 a.m. to 7:30
p,m, and Sundays, 11:30 a.m. to 6:30 p.m.
RESOLUTION NO. 1699
A Resolution of the City of Arcadia, California, granting CUP 2003-011 for a restaurant with
outdoor seating for 12 persons at 211 E. Live Oak Ave.
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The staff report was presented.
In answer to questions from Commissioner Hsu, Ms. Butler said that they would have to comply with
the conditions set by this CUP,
Commissioner Wen inquired about the hours of operation and Mr. Li suggested asking the applicant He
went on to say that they needed a CUP because of the seating.
The public hearing was opened,
Ken Fang, 211 E. Live Oak, .indicated that the chairs that they have placed outside are for customers
who are waiting to pick up their to-go items. They will not be serving food outside, although, someone
may purchase the food and eat it outside, He ihdicated that their hours of operation have not changed
sin<:e they have opened and those hours are listed in the staff report.
No one else spoke in favor of or in opposition'to this item,
Chairman Pro Tern Lucas closed the public hearing.
In answer to a question by Commissioner Olson, Ms. Butler indicated that when they originally came in
for a business license it was strictly for take-out food.
Commissioner Olson said this is a small building and based on a similar request that was before the
Planning Commission, he was concerned with the late hours of operation and congregating, He wanted
to revisit this in six,monthsto see if there were any problems.
Ms. Butler explained the 'process if this item was revisited in sixinonths. She reassiJred the Planning
Commission that if they were in violation of their CUP, their application could be revoked by the
Planning Commission. This type of enforcement has been done in the past and has been successful.
Commissioner Hsu agreed with Commissioner Olson and was concerned with the outdoor dining and he
also felt they should provide a maintenance schedule to ensure that the trash area is kept clean.
Ms. autler replied that the City does not have adequate staffing to monitor a "maintenance schedule"
which she considered difficult to police. She did not think that would be necessary,
MOTION:
It was ,moved by Commissioner Olson, seconded by Commissioner Hsu to approve CUP
2003-011 subject to the conditions in the staff report and adopt Resolution No. 1699 and
request that staff provide an update on this project in six-months.
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
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Chairman Pro Tern Lucas noted that there is a five working day appeal period. Appeals are to be
filed by September 30th
3. PUBLIC HEARING Me 2003-037
1320 S, Sixth Ave.
James Kojian
Consideration ofan appeal of the Modification Committee's decisions on fence and block wall
heights and side yard setbacks on pool equipment and air conditioning units fora new single-
family residence.
The staff report W8$ presented
In answer to a question by CornmissionerWen, Mr. Li said that chain link fences are prohibited in the
front yard area but can be in the rear yard area whereit would not be visible from the street.
Me Nicholson furthereJ.:plained that chain link fences for interior side and rear yard areas are permitted
but prohibited on a comer lot. Chain link fences are not allowed in of the front yard or street side yard
in residential areas. Most Homeowner's Association do not permit chain,link anywhere on the site.
Chairman Pro Tern Lucas said that the applicant is only appealing one of the modifications, Mr. Li
indicated that all of the requests could be reviewed and considered by the Planning Cornmissionas a
result of the appeal. The appeal is not only for request 'A' but for all of the modifications on said
application.
The public hearing was opened.
James Kojian, 510 LasHores, said that three of his requests have been approved and he is not contesting
those requests. The purpose of his appeal is the front fence height. He explained that his home was
vandalized twice during the last 12 months and he described what the vandals did'to the property and
how they got access, He filed police reports on these incidences. His friend's property, who lives on
Palm, was vandalized 12 months after construction W8$ completed, while they were living there. He felt
his,hirge home would be a target Because of his profession, he is called to work at various times and he
feared for his wife and young child. He thought they would be at risk if an intruder would come in
while he was not home. He showed a photo of his neighbors who have 4' high fences and felt,that his 4'
high fence would be.harmonious.with those fences. There are many fences and gates that are 4' ,high on
Sixth Ave" south ofDliarte Rd. and north of Camino Real. All of these fences are between 4' to 5' high
and none are 3' high. He thought that a I' height difference would play a big part in deterring
vandalism and explained that an average 6' tall male could step over a 3' high fence easily but would
not be able to do the same with a 4' high fence. He felt that a 4!high fence would be just another added
layer of safety that would benefit his family.
Discussion ensued regaroing the neighbor's fence and its height Ms. Butler indicated that the
neighbors' fences are not along the front yard area, but are within the side yard areas.
No one else spoke in favor of or in opposition to this item.
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Chman Pro Tem Lucas closed the public hearing,
Commissioner Olson said that there is a letter that has been submitted by a neighbor, Some of the
information was not presented at the Modification Committee meeting. In light of the information that
the Modification Committee had, he felt that their decision was appropriate, The Modification
Committee did not feel that the location of the pool equipment would be a detriment and the applicant's
reasoning for placing it there was acceptable. He did not feel that there would be unacceptable levels of
noise that would affect the neighbor at 614 Camino Grove. He also stood behind the Modification
Committee's decisions on items "B" and "0". He did not know whether the applicant's logic of a
larger home would increase vandalism was correct or not. He felt in lieu of increasing the height of the
fence, appropriate landscaping could be utilized. In his, opinion, the applicant did not provide
compelling testimony, or show that it would cause unreasonable hardship to convince hiin to approve
request "N'. He felt that their home is an easy target for vandalism because it is vacant,
Chairman Pro Tern Lucas said that he traveled along Sixth and did not find that this proposal would
constitute a uniformity of design with regard to the fencing, He did not think that in this particular
situation a height modification for the fence would be appropriate.
MOTION:
It was moved by Commissioner Hsu,.secondedoby Commissioner Olsanto deny the 'appeal of
MC 2003-037, and uphold the Modification Committee's decision and find that the
modification would not promote uniformity of development.
ROLL CALL:
YES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
Chairman Pro Tern Lucas noted that there is a five working day appeal period, Appeals are to be
filed,by September 30th.
4. PUBLIC HEARING MC 2003-041
2215 Lenta Ln.
Daniel Wu
Consideration of a modification fora 20' -0" fr9nt yard setback in lieu of25' -0" required for a
proposed addition and rebuild of a 3,120 sq. ft. single-stm)' residence.
The staff report was presented and the public hearingwas opened.
Kathy Lee Wu, ~aniel Wu, 2215 Lenta Ln., said they are in agreement with all of the conditions in the
staffreport for the substantial remodel of their home.
No one else spoke in favor of or in opposition to this item,
Chairman Pro Tem Lucas closed the public hearing.
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MOTION:
It was moved by Commissioner Olson, seconded by Commissioner Wen to approve MC 2003-
04] subject to the conditions in the staff report,
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
Chairman Pro Tern Lucas noted that there is a five working day appeal period, Appeals are to be
ftIed by September 30th.
5. PUBLIC HEARING MP 1003-007
304 Old Ranch Rd.
Sanyao Im'l
Consideration ofamodification fora proposed two-story single-family residence.
The staff report was presented and the public hearing was opened,
Ben and Christie Garrett, 304 Old Ranch Rd., said they are in agreement with all of the conditions in the
staff report and the new one imposed by the City Attorney. This request was submitted a year ago but
due to some problems they were forced to delay their plans, The new two-story house has been scaled
down so it does, not appear that it'is a two-story home, The proposed design is lower in height than,the
previous.
No one spoke in favor of or in opposition tothis item,
Chairman Pro Tern Lucas closed the public hearing,
MOTION:
It was moved by Commissioner Olson, seconded by Commissioner Hsu to approve MP 2003-
007 subject to all the conditions listed in the staff report and any ,conditions set by the
HomeoWners Association.
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
Chairman Pro Tern Lucas noted that there is a five working day appeal period. Appeals are to be
filed by September 30th.
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6: PUBLIC HEARING MP 2003-008 & ADR 2003-024
519 S.'Fifth Ave.
ChrisLoh
Consideration of a modification for a proposed 13-unit residential condominium project
The staff report was presented and the public hearing was opened.
Chris Lob, 1008 S. Baldwin Ave., 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 Lucas closed the public hearing;
MOTION:
It was moved by Commissioner Olson, seconded by Commissioner Hsu to approve MP 2003-
008 and ADR 2003-024, subject to the conditions listed in the staff report.
ROLL.CALL:
AYES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
Chairman Pro Tern Lucas noted that there is a five working day appeal period. Appeals are to be
filed by September 30th.
7. PUBLIC HEARING MP 2003-009
427 S, Old Ranch Rd.
Tracy Mudie
Consideration of a reqUest for a 14' -8" rear yard setback. in lieu of 35' -0" required for a
proposed 943 sq. ft. second-floor addition to an existing single-family residence.
The staff report was presented and the public hearing was opened.
Miles Nagaoka, 427 S. Old Ranch Rd" said they are in agreement with all of the conditions in the staff
report.
Tracy Mudie, 2211 Verdugo Court, Glendale, the architect was also present.
James Kelly, 946 Coronado, member of the Village Architectural Review Board, said that the applicants
worked with Architectural Review Board to overcome the problems of this unusual lot and recommend
approval of the modification.
No one spoke in favor of or in opposition. to this item.
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Chairman Pro Tern Lucas closed the public heanng.
MOTION:
It was moved by Commissioner Olson, seconded by Commissioner Hsu to approve MP 2003-
009 subject to all the conditions listed in the staff report.
ROLLCALL:
AYES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
Chairman Pro Tern Lucas noted that there is a five working day appeal period. Appeals are to be
filed by September 30th.
8. PUBLIC HEARING MP 2003-011 & TR 2003-018
454 Catalpa Rd,
Lisa Hillier
Consideration of modifications and an oak tree encroachment for a proposed detached garage
and second floor addition to an existing single-family residence.
The staff report was presented and the public hearing was opened.
Don Hillier, 454 Catalpa Rd" said they are in agreement with all of the conditions in the staffreport.
No one spoke in favor of or in opposition to this item.
Chairman Pro Tern Lucas closed the public hearing.
MOTION:
It was moved by Commissioner Olson, seconded by Commissioner Hsu to approve MP 2003-
011 & TR 2003-018 subject to all the conditions listed in the staff report and the additional
condition that temporary fencing be placed around the oak tree to protect it from heavy
construction equipment
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
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Chairman Pro Tern Lucas noted that there is a five working day appeal period. Appeals are to be
filed by September 30th.
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9. PUBLIC HEARING SADR 2003-051
9954 Las Tunas
Kyle Back on behalf ofCVS Pharmacy
Consideration of an appeal of the Development Services Department's denial for a proposed
freef;tallding, multi-temint pylon sign.
The staff report was presented,
Ms. Butler indicated that there have not been any pole signs approved since February. Design
guidelines do not promote pole signs. The sign at Sav-On is a monument sign. The City is reviewing
the sign regulations and will have a consultant prepare new regulations. The City Council is leaning
toward prohibiting pole signs. It is felt that monument signs provide adequate signage and will
eliminate clutter. Staff will be looking at alternatives forsignage for renovations and new projects, A 6'
high monument sign has been standard. Staff has been moving away from pole signs and
recommending monument signs, With respect to the sign at Rusnak, she indicated that the monument
sign exceeds the height limitation and that was a decision that was 'made due to the type of use, The
Redevelopment Agency felt L'mt would bc appropriate. She noted that t.'le new service .LIItion at the
comer of Foothill and Santa Anita has monument signs as well as the one at the SE corner of Huntington
and First,
Mr. Nicholson said that the PreSident Square Shopping Center is in the process of remodeling their
center and one of the conditions of approval is that the pylon sign be replaced with a low profile
monument'sign, .
Chairman Pro Tern Lucas remarked that if they are permitted to have' this monument sign then there
would be two monUIlleot signs in very close proximity to one another; EIPolloLocolFoster Freeze anc:l
the new CVS signs.
The public,hearing was opened.
Kyle Bach, 3699 W. Lathrop, S. Bend, Indiana, had a Power Point presentation and explained what was
previously approved. He explained that the EI Polio LocoIFoster Freeze sign is 16' high, The proposed
share pile one sign would eliminate the one at the comer and alSo replace the monument sign proposed
along Baldwin Ave. The approved,moouinent sign has very limited visibility and is hard to see due to
traffic and the landscaping. The proposed.signage is at an ideal height. The monument signs are more
like a directional sign. The pole signs ,are necessity and would make it more visible to their'customers:
Without the sign, there is no initial exposure. These signs are designed to provide information to
motorists and must be adequate in size to allow for reaction time; to read and react to it. The existing
pole sign is 16' high, and the proposed would be to' high and located along Baldwin Ave., 100' from
the existing monument sign, where it would be more visible. The parking jot south of EI Polio Loco
woUld be the entrance to CVS.
Mr. Nicholson clarified that that parking lot is not an actual parking lot for CVS,
They have a reciprocal driveway easement for cross over parking,
In his Power Point presentation, Mr. Bach showed how his sign would look and showed a small red
balloon, representing the monument sign as proposed by staff. He indicated that the sign proposed by
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staff would be much too small, as shown in the presentation, for anyone driving on Baldwin to see and
compared it with his 20' high pole sign which would be easy to see.
Ms, Butlet asked if instead ofa small red balloon to represent the monument sigJi, he had any pictures of
how a 6'x8' monument sign would actualIy look. The balloon is not art accurate depictions,
In answer to a question by Chairman Pro Tern Lucas, Mr. Bach indicated that they do not have approval
from EI PolIo Loco and Foster Freeze to remove their sign but he was confident that he would be able to
obtain that approvaL
Mr. Nicholson said that any additional signs would be subject to architectural design review, He
explained the proposed wall signs and their location. CVS's original request had an excessive amount
of signageand the Planning Commission concurred with staff regarding the signs,
Mr. Bach indicated that for someone traveling north on Baldwin Ave., it would be difficult to see the
sign as proposed by staff due to the trees and the setback of the building.
No one spoke in favor of or in opposition to this item,
Chairman Pro Tern Lucas closed the public hearing.
In reply to a question by Chairman Pro Tern Lucas regarding the Burlington Coat signage, Mr.
Nicholson said that the architectural tower and the proposed signs would replace the two existing free
standing signs at the comer of Duarte Rd, and Naomi. The sign on the tower is not approved and will be
removed. The tower is part of the building and is nota free , standing sign. The proposed signs, at the
subject location, have been through the architectural design review process and staffwas not aware that
the existing pole sign would be removed, This is'thefirst,time that.staffhas been notified of the removal
ofthat,sign. Staff is adamant in supporting the current design and strongly encourages monument signs.
The cOmparison of the monument sign to a balloon is, an unfair comparison. The proposed building has
more than enough signage,
Commissioner Wen could understand the applicant's desire to have a 20' high pole sign, especially
considering the fact that Big Lots and the gas station, which are both located across the street"have one.
He was sympathetic and could see why the applicant would want the exposure, The building is not
visible from Baldwin. He asked ifstaffwas 'firm on their decision?
Ms. Butler indicated that all of,their signs have gone through architectural design review. Staff feels
that they should have a monument sign and not a pole sign similar to other previously approved signs for
Sav-Oli and other lises.Staff is concerned that pole signs create sign clutter, Many cities are
encouraging monument signs and shying away from pylon signs, Staff is working toward eliminating
pole signs, for most'businesses, from the Code and only allowing monument signs. The sign regulations
have not been adopted yet and staff is working on hiring a corisultant to review the sign code.
Chairmari Pro Tern Lucas remarked that every property is unique and should be treated as such. He did
not believe in sign polIution. They should deal with this property and its unique attributes, This is a
residential intersection with four comers of commercial activity. He was concerned with this type of a
variation. He thought that there was enough of a unique situation to warrant changing the conventional
rules. The sign between Duarte and Naomi is big but under the right set of circumstances there is
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justification. He thought the same type of a reasoning applied here. He did not think that they should
apply standards in this situation that would be applied to large streets. He thought they should give
special consideration to unique situations, He felt that if CVS can remove the EI Polio LocolFoster
Freeze sign then this would be a good compromise.
In answer to a question by Commissioner Hsu, Ms. Butler indicated that as far as they knew, the pole
sign is not being removed., unless it became a condition of approval for this sign. Chairman Pro Tern
Lucas indicated that his intent was to remove the pole sign if this would be approved.
Commissioner Olson had mixed feelings, He agreed witli Chairman Pro Tern Lucas relative to
eliminating the one sign, The building is located on Las Tunas and Rowland and not along Baldwin. A
6' high monument sign along Baldwin will suffice. He agreed with staff's recommendations. He felt
that it gets tiring seeing these types of signs and then other names are added to it
Mr. Nicholson indicated that they would need a modification due to the proximity of the two signs or if
they wanted to increase the size of the pole sign, If approved., they could change the monument sign and
require architectural design review. The resolution approving the CUP required that the Planning
Commission review it ~months after it has been in operation, which staff felt would be more
appropriate for this request but the applicant did not agree with staff.
Ms. Butler explained that any type of free standing signs must be 200' apart. They would need a
modification if they were to have a monument sign on Las Tunas. This does not amend the resolution
adopted by Planning Commission. If approved, that would be a separate action and would require that
all property owners within a 300' radius be notified oftbe public hearing.
Commissioner Wen was concerned that there was 'no agreement between EI Polio Loco and CVS to
remove the sign, What would happen if they do notreach an agreement?
Ms. Butler said that if the Planning Commission is inclined to approve this, then there should be a
condition of approval that they reach an agreement
Commissioner Hsu wantc:d them to comply with the monument sign requirement
MOTION:
It was moved by Commissioner Lucas, seconded by Commissioner Wen to approve SADR
2003~051 subject to all the conditions listed in the'staff report with, the additional condition, -
that the existing pole sign at the corner of Las Tunas and Baldwin be removed prior to
construction of the proposed custom pylon signs, and that such approval shall constitute an
appropriate use and development of this proper and, not cause any detriment to any adjacent
property:
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Wen, Lucas
Commissioner Hsu, Olson,
Commissioner Baderian
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. DUe to a tie vote the application is denied.
Chairman Pro Tern Lucas noted that there is a five working day appeal period. Appeals are to be
filed by September 30th.
CONSENT ITEM
10. MINUTES OF 8/26/2003 and 919/3
RECOMMENDATION: Approve
MOTION:
It was , moved by Commissioner Wen, seconded by Commissioner Hsu to approve the Minutes of
8/26/3 as published,
ROLL CALL:
AYES:
NOES:
ABSENT:
ABSTAIN:
Commissioners Hsu, Wen, Lucas
None
Commissioner Baderian
Commissioner Olson
MOTION:
It was moved by Commissioner Wen, seconded by Commissioner Hsu to approve the Minutes of
9/9/3 as published.
ROLLCALL:
AYES:
NOES:
ABSENT:
Commissioners Hsu, Olson, Wen, Lucas
None
Commissioner Baderian
MATTERS FROM CITY COUNCIL
None
MATTERS FROM PLANNING COMMISSION
Chairman Pro Tern Lucas said that he would not,be at the Oct9ber 28th meeting,
MODIFICATION COMMITIEE MEETING ACTIONS
Commissioner Lucas summarized,the Modification Committee actions.
MATTERS FROM STAFF
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I.' . CITY COUNCIL ACTIONS
2, PLANNING COMMISSION AGENDA ITEMS
Ms. Butler summarized the actions taken by City Council as well as and the upcoming agenda items
informing the Planning Commission thattbe City Council is interested in scheduling a study session
with the Planning Commission in the future.
ADJOURN TO OCTOBER 28, 2003
9:30 p;m.
IsIDonna Butler
Secretary, Arcadia Planning Commission
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