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HomeMy WebLinkAboutNOVEMBER 23, 2004 . .8) MINUTES . ." Arcadia City Planning CoJDJDission Tuesday, November 23, 2004 7:00 porn. in the Arcadia City CooneU Chamben PLEDGE OF ALLEGIANCE The Planning Commission of the City of Arcadia met in regular session on Tuesday, November 23, 2004 at 7:00 p,m, in the Arcadia Council Chambers of the City of Arcadia, at.240 W. Huntington Dr, with Chairman Baderianpresiding, ROLL CALL: PRESENT: ABSENT: Commissioners Lucas, Wen, Baderian Commissioner Hsu, Olson MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Wen to excuse Commissioner Hsu and Olson from tonight's meeting, The motion " passed by voice vote with DOne dissenting, OTHERS ATTENDING City Attorney Steve Deitsch Community Development Administrator Donna Butler Planning Services Manager Corkran Nicholson Associate Planner Joseph Lambert Assistant Planner Tom Li Senior Administrative Assistant Silva Vergel MOTION It was moved by Commissioner Lucas, seconded by Commissioner Wen to read all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice vote with no one dissenting. . -SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR mOSE IN TIlE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS (5 MINUTE LIMIT PER PERSON) None l. PUBLIC HEARING 1415 Rodeo Rd, Tage and Diana Anderson . . Consideration of an appeal ofthe Santa Anita Oaks architectural design review board's denial of roofing material. The staff report was presented, In reply to a question by Commissioner Lucas, Mr, Lambertindieated that there are no partial re,.roofs on this property, the City does not have a threshold that a homeowner must conform with and that building permits are required, In answer to a question by Commissioner Wen, Mr, Lambert believed that the roofis the same color and material as what already exists. The public hearing was opened, No one spoke in favor of or in opposition to this item, MOTION: It was moved by Commissioner Wen, seconded by Commissioner Lucas to close the public hearing, The motion passed by voice vote with no one dissenting, Commissioner Lucas felt this is a dilemma because on the one hand the resolution addresses compatibility with the roofing materials on all other structures on the subject property and also that the material is compatible with other structures in the neighborhood. In this case, the roof is compatible with the buildings on the lot and'yet incompatible with others in the neighborhood. Commissioner Lucas went on to say that a portion of the resolution discusses the roofing material being compatible with other structures on the lot as well as other buildings in the area. In this case, the material is compatible with the structures on the lot and incompatible with the homes in the area. Is it possible that a homeowner re-roofs their home little by little and complies? Commissioner Wen said that there does not appear to be any visible difference, therefore, he thought it was a reasonable request, Chairman Baderian concurred given the fact that they have done everything that they should have to comply with the Homeowner's Association at the time that the original roof was-installed. Commissioner Lucas wondered if there could be a limitation placed on other possible repairs on the roof. Mr, Deitsch indicated that there'are several ways to do that and he outlined each possibility. In Commissioner Wen's opinion the decision is straightforward because visibly one cannot tell the difference, MOTION: Arcadia City Planning Commission 2 1112314 . . It was moved by Commissioner Lucas, seconded by Commissioner Wen to approve the appeal subject to the condition that if an aggregate of more than 50010 of the roof is replaced withinait eight year time period, the roofing material shall be replaced in conformance with the Saitta Anita Oaks Association's regulations, ROLL CALL:, AYES: NOES: ABSENT: Commissioners Lucas, Wen, Baderian None Commissioner Hsu, Olson Chairman Baderian noted that there is a five working day appeal period. Appeals are to be filed by Thursday, December2Bd, 2. PUBLIC HEARING MP 2004-010 1050 W,FoothiII Blvd. The Kathennan Co, Consideration of modifications for a 1,259 sq, fl guest house that was illegally converted from a hobby room, The staffreport was presented and the public hearing was opened, Rob Katherman, 1218 EI Parado, lorrance, was representing the applicant. He indicated that this is a large lot, The subject property and the one to the east are the only similar siied lots'in the area. The guesthouse was originally a hobby room; therefore, it is unreasonable to request. a reduction in size of the structure, The homeowner's intent is to have his only daughter, who was recently married, stay on the lot for a period of not to exceed 5 years to all ow them to get on their feet. He asked that the status quo be permitted for a period not to exceed 5 years and the cOnditions as proposed by staff are reasonable and they will agree to them following the above time limit, i.e., they will remove the kitchen and extra bedroom and return the structure back into a hobby room, There will only be 2 people residing here-and he noted that they have a petition, which was signed by the neighbors agreeing to the proposal. In answer to a question by Commissioner Lucas, Mr, Katherman said that the homeowner wishes to have their daughter stay on the property because she is a newlywed and they want to help them get their careers off the ground,- Thestruciurewould be returned back to a hobby-roomat-a later date. In reply to a question by Commissioner Wen, Mr. Katherman said that the structure is conneeted to sewer with permits, Mr, Deitsch aSked what their plans were after the five year period and Mr, Katherman responded that they did not intend to reduce the size because it was originally approved at that square footage but they would make,interior modifications to comply with code, Roy Atwater, 1030 W. Foothill Blvd., was in favor of the structure, its proximity to the property line and said it does not infringe on him. He feels more comfortable with this use because the structure will be Arcadia City Pbuming Commission 3 \1123/4 . . utilized. He reiterated that he did not object to the second structure nor having two families living on site, Pedro Rosado, 1050 W, Foothill, said he has owned the pr9perty for almost 25 years, He is requesting to allow his daughter to stay there and want her on the property, It will not be rented to anyone ever. He asked that she stay for 5 years. In answer to a question by Chairman Baderian, Mr. Rosada said that he was always under the impression that he could have guests stay there and he indicated that they did not increase the size of the structure, He went on to say that he did not contact the City when it was converted into a guesthouse but he is willing to get the appropriate permits to make it a legal structure. They did this quickly because their daughter was getting married and they did not have much time. Marcela Rosado, 1050 W. Foothill, asked the Planning Commission to allow her to stay on the property. She indicated that she is an only daughter and her parents are older, She wishes to continue living in Arcadia for the next five years to allow them ample time to get situated. She would appreciate their consideration, No one else spoke in favor of or in opposition to this item, MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Wen to close the public hearing, The motion passed by voice vote with no one dissenting, Commissioner Lucas asked if it would be practical to enforce the 5-year request? Mr, Deitsch replied that there are several ways to accomplish it. A covenant could !)e recorded that 5- years from the date of approval it would be unlawful to occupy the building as a guest house and that immediate action must be taken to remove the second bedroom, in effect changing the use back to a hobby room as permitted by the prior permit. The City can inspect the property for compliance. The ordinance that was adopted in 1983 and has,not been amended, clearly prohibits second units in single- family zoned properties, He went on to say that this is a second unit on this lot and code clearly prohibits such use, He feared that this might set a precedent for similar sized lots, He thought it would be dangerous to allow even this limited use because a precedent would be set, In reply to a question by Commissioner Wen, Ms, Butler indicated that the lot could be split and she explained the requirements. MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Wen to deny MP 04-010 and find that it is illegal to have a second dwelling unit on R-l zoned property, The illegal guest house shall be converted back into a hobby room containing no more than one room and a .75 bathroom within 90 days from the date of denial, ROLL CALL: AYES: NOES: Commissioners Lucas, Wen, Baderian None Arcadia City Planning Coouuission 4 11/23/4 . . ABSENT: Commissioner Hsu, Olson Chairman Baderian noted that there is a five working day appeal period. Appeals are to be filed by December 2nd, Commissioner Olson came at 7:45, 3. PUBLIC HEARING FINAL ENVIRONMENTAL IMPACT REPORT (FEIR), Specific Plan SP 2003-001, TM 51941 NE Portion of the City of Arcadia Jeff Lee for Nevis Construction Co. Consideration of the FEIR, speeific plan and tentative map for a proposed 7-lot hillside subdivision. The Staff report was presented by Mr. Nicholson and by John Bitterly, from Planning Consortium, the consultant who prepared the EIR for the City, In response to a question by Commissioner Lucas, Mr. Bitterly noted the one alternative would be similar to the layout but it would lower the entire project to have a maximum grade of 12% and noted that additional excavation would be needed to lower the lots. The consultant has been working with staff to derive at these alternatives, Mr. Deitsch explained that the Planning Commission's role is an advisory body and their recommendations will be .forwarded to City Council. The public hearing waS opened, Fred Talarico, 1278 Glenneyre St. Laguna Beach, showed a Power Point presentation, He showed a pho,to of the corner of Wilson Ave, and Virginia Ave, and how'it looks now and how it would look in five years. He indicated that only 2.77 acres will be developed from the total site, which is 83.15 acres, 80,38 acres will be dedicated to open space. 7-lots are being proposed on this site and lot sizes will range from 33,678 sq, ft, to 192,511 sq. ft, These will be very large lots, The HigWand Homeowners Association will govern the properties and they must approve all the proposed structures, He went on to say that the. exportation of the material has been the subject of tremendous discussion, The street grade will range from 15%-18%, which is not much different'than the rest of the community. Canyon Rd. has a 15% grade. He illustrated how long it would take them to extract the material for the 18% grade vs. the 15% and indicated that it would take more truck trips and longer length of time to achieve the 15% grade. With regard to the oak trees he indicated that they will be replacing the oak trees ata ratio of2: 1. Ralph Bicker, 10l White Oak Dr" in part stated that the basic design flaws of the development are not satisfactorily addressed in the EIR, nor are they resolved or mitigated, His previous statements still represent the position of their Homeowners Association. He indicated that the staff report indiCates that there are only two superior alternatives that could be considered in the future; a Uno project" or one that creates only two lots, In his opinion there is no way to satisfactorily mitigate the problems associated Arcadia City PWmiDg Commission 5 11123/4 . . with any of the other four possible alternatives suggested for this property, The Homeowners Association strongly supports staff's recommendations in denying the project, Jeff Bowan, 1919 Wilson, President of the Highland Homeowner's As~iation, concurred with Mr, Bicker and said that the project will not work. This is a piece of property that does not offer opportunities, Diane Palmer, 2073 Carolwood, said her home would be one of the 3 homes at the base of this' development. As a property owner she is very concerned about slippage of land, She is a teacher at Highland Oaks School and she can see the damage that was caused by another development on the hillside that has permanently scarred the hills. She did not believe the before and after photo that Mr. Talarico showed in his presentation. Bob Ruiz, 116 White Oak, was conceriled about how tire trucks would get to these properties. He was afraid that tire would travel quickly in the area and the Fire Department would not be able to get there quickly due to'the grade of the new streets, ' Jolm !'.1Ulyhy, 2234 Highland Vista, said his .iews have not cl-.anged since the Sroping meeting, He believed in the propei'tyowner's right to develop the property as long as the development is consistent with City codes and if there are variances, they should be minor so they are deemed to be insignificant. He thought the project must comply with all the Homeowners Associationregulations, should provide public streets without private gates or restricted access, The 70 acres must become permanently dedicated and the cut and fill. must closely balance and the resulting traffic must be minimal. Extra care should be taken so that the project is aesthetically pleasing and compatible. He could not support an iII- conceived project, Tony Palmer, 2073 Carolwood, was concerned about the drainage and how that would impact his property. Diane Supple, 2040 Carolwood, said her home is across the street from this development. They are sitting on an earthquake fault. Site was concerned about future erosion, . John Fee, 2152 Canyon, was concerned about tire hazards. He indicated that they have been evacuated in the past due to tire, He thought there would be more chances of tire in future due to this development. He was cOncerned about the access road, The photo that was shown is misleading because the two-lane road quickly turns into one-,Iane but that was not depicted in the picture, The proposed slope is almost double'of what is currently there and he could notiinagine how a tire truck would get there during a tire, In some areas, it is only one way in and the same way out, Wendy Yu, 2090 Vista Ave., said the homes .will be very close to her property. Just this past weekend there were bad winds and she was concerned about mudslides and the hill coming down onto her property. What guarantee will she have that there won't be any mudslides or whose responsibility will it be to clean it up? Arthur Taus, 152 Elkins, wondered what would all those truckloads of dirt going back and forth on these streets do to roads, There are many kids who are walking on these streets, The residents should not be subjected to this inconvenience and aU the truck traffic that will be generated from the development. Arcadia City, P1arming Commission 6 .1112314 . . Linda Gandel~ 2054 Oak Meadow, was surprised that they were having this meeting, She wondered why the applicant invested in this property without first knoWing that it could be developed or nnt, To claiin that they will dedicate 70 acres of open space is ludicrous because the people are already enjoying that benefit, They will be taking away wild life from the area, It is ridiculous that the residents are being forced to defend their neighborhood for someone else's "get rich quick" scams, Carl Segalos, 2226 Canyon Rd., said most of the homes in the area are single-story, These new homes could set a precedent for huge homes in the area, He agreed with all of the other comments that have already been made, The 70 acres of open space already exists so they are really not, dedicating anything to them. Gwen Schuster, 1660 N, Santa Anita, could imagine the number of trucks that would be traveling their streets. The current streets are not adequate for the roads, It would be difficuh for the Fire Department to get to these homes, In rebuttal, Mr, Talarico said that many of the issues that have been raised have already been addressed, The new streets will comply with conform with the public street standards, They will be retaining open space and have tried to closely balance the project so it is aesthetically compatible with the area, Constructing 2 homes on the site would not meet their objective and it is their right to develop the property and he feh they have been very reasonable. This is not a simple project, In answer to a question by Commissioner Lucas, Mr. Talarico stated that if they were to develop these properties, the homes below would be safer because currently there are no catch basins and they would redirect the drains so less water would be flowing down, No one else spoke in favor of orin opposition to this item, MOTION: It was moved by Commissioner Wen, seconded by Commissioner Lucas to close the public hearing, The motion passed by voice vote with no one dissenting. Final EIR MOTION: It was moved by Commissioner. Lucas, seconded by Commissioner Olson to forward the FEIR to the City Council and recommend certification the document. ROLL CALL: AYES: NOES: ABSENT: Commissioners Lucas, Olson, Wen, Baderian None Commissioner Hsu Specific Plan Arcadia City Platming ComnU.uiOll 7 11123/4 . MOTION: . . It was moved by Commissioner Lucas, seconded by Commissioner Wen to recommend to the City Council that the Specific Plan be denied due to itsnon-compliance with the Hillside Management Strategies, and Land Use and Community Identity Strategy of the Arcadia General Plan, and direct staff to prepare the appropriateresolution. ROLL CALL: AYES: NOES: ABSENT: Tentative MaD MOTION: Commissioners Lucas, Olson, Wen, Baderian None Commissioner Hsu It was moved by Commissioner Olson, seconded by Commissioner Wen to recommend to the City Council denial of the Tentative Map to the City Council due to unavoidable public safety, ROLLCALL: AYES: NOES: ABSENT: Commissioners Lucas, Olson, Wen, Baderian None. Commissioner Hsu CONSENT ITEMS 4. RESOLUTION NO. 1715 A resolution of the Planning Commission of the City of Arcadia, California granting CUP 2004-014 and ADR 03-040 to construct a 78-unit senior condominium project at 161 Colorado ,PI. MOTION: I.-was moved by Commissioner Olson, seconded by Commissioner Wen to adopt Resolution No. 1715 and to formally afftrm the deeision of November 9,2004 and the votes thereon, In reply to a question by Commissioner Lucas, Mr. Deitsch indicated that even though Mr. Lucas voted against the project, he can vote "yes" on the resolution because this action isjust affirming the previous action. ROLL CALL: AYES: NOES: Arcadia Ci1Y PIaMing Commissioo Commissioners Lucas, Olson, Wen, Baderian None 8 11123/4 . . ABSENT: Commissioner Hsu Chairman Baderian, noted that there is a five working day appeal period. Appeals are to be filed by December rt. 5. MINUTES OF 1119/4 RECOMMENDATION: Approve MOTION: It was moved by Commissioner Wen, seconded by Commissioner Lucas to approve the Minutes of 11/9/4 as amended. ROLL CALL: AYES: NOES: ABSENT: Commissioners Lucas, Olson, Wen, Baderian None Commissioner Hsu MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Olson summarized the actions, MATTERS FROM STAFF 1, CITY COUNCIL ACTIONS 2, PLANNING COMMISSION AGENDA ITEMS None ADJOURNMENT 9:00 p.m.. , IslDonna Butler Secretary, Arcadia Planning Commission At<adia City Planning CommiBsion 9 11123/4