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HomeMy WebLinkAboutJULY 13, 2004 ~/) I .. ~ . . MINUTES .Arcadia city Planning Commission Tuesday, July 13, 2004 7:00 p.m. in the Arcadia City COUDclI Cbamben PLEDGE OF ALLEGIANCE The Planning Commission of the City of Arcadia met in regular session on Tuesday, July 13, 2004 at 7:00 p.m. in the Arcadia Council Chambers ofthe City of Arcadia, at 240 W. Huntington Dr. with Chairman Baderian presiding. ROLL CALL: PRESENT: ABSENT: Commissioners Hsu, Lucas, Olson, Wen, Baderian None OTHERS ATTENDING Community Development Administrator Donna Butler Associate Planner Joe Lambert Assistant Planner Tom Li Senior Mministrative Assistant Silva Vergel PLANNING COMMISSION REORGANIZATION Commissioner Olson. nominated Commissioner Lucas as chairman and this nomination was seconded by Commissioner Wen. Commissioner Lucas declined. MOTION It was moved by Commissioner Lucas to nominate Commissioner Baderian as Chairman. ROLL CALL: AYES: .NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None Chairman Baderian thanked his fellow Commissioners and aSked if there were any nomii1ations for Chairman Pro Tern. MOTION It was moved by Commissioner Olson to nominate Commissioner Lucas as Chairman Pro Tern. ROLL CALL: AYES: NOES: Commissioners Baderian, Hsu Lucas, Olson, Wen, Baderian None r . . SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Butler indicated that staff received an e-mail from Mr. And Mrs. Gilb who were opposed to the .modification at 939 Hampton Rd. on the agenda. TIME RESERVED FOR mOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MA TIERS (5 MINUTE LIMIT PER PERSON) None 1. PUBLIC HEARING CUP 2004-008 411 E. Huntington Dr., #309 Philip B. Ross, Representative.for the Princeton Review Consideration of a conditional use permit for a test preparation center with 44 students. in an existing 1,259 sq. ft. office unit. In answer to a. question by Commissioner Lucas, Mr. Li stated that the entire parcel is deficient in parking by 66 spaces but this particular use is short by 13 parking spaces. In response to comments by Chairman Baderian, Ms. Butler said that the parking is based on the recently adopted regulations. Based on staff's experience, it is felt that the parking is adequate for this type of use. Often,times, the students do not drive or they will carpool. Commissioner Wen stated that recently the Planning Commission reviewed a similar proposal on Duarte Rd. and they were being required to provide restrooms and.handicap spaces. Mr. Li replied that this use is different because they will be working more with adults, whereas, the other use was primarily with children. This proposal does not require them to provide restrOOms because of the age of the students. He remarked that the restroom and handicap requirements are to comply with the Building Code. Ms. Butler further stated that there are already restroom facilities on the 3'd floor of this building. She did not think that parking would be an issue given the fact that the parking structure is under utilized. In answer to a question by Commissioner Hsu, Mr. Li replied that a parking study was not required because they are being required to utilize the parking structure, which is rarely used. The public hearing was opened. Phillip Ross, representingPrincenton Review, submitted a brochure of their company. Their company has been in business for 22 years and is the leading company for the publication of test preparation guide books for college. They have been active in the City for years and nowwould.like to have a permanent address, whereas, they have been renting rooms from the. area hotels to hold their classes. He explained that Arcadia is unique, in that many of the students from Arcadia High School are accepted at the UC system. Some of their students are high school students but they also have many who are returning adults. Their students go on to medical, business or law schools. Many of their students receive one on Arcadia City Planning ComrhissiOn 2 7/13/4 . . . one tutoring or consultation for admission to colleges. He said that 44 students would be the maximum number of students that they would have at anyone time, although historically, that number is usually around 24. They will have a person on site that will be responsible for the operlltional issues such as parking. Chairman Baderian inquired about the average age of the students and if they are from Arcadia and Mr. Ross was unabkto present exact numbers but said that many are in their20s and many students are from Arcadia. Chairman Baderian expressed concern that the older students would tend not. to carpool because of the inconvenience and Mr. Ross said that many of the higb school students carpool but the adults would probably not carpool. In answer to a question by Commissioner Hsu, Mr. Li said that per their request the maximum number of students allowed at anyone time would be 44. Mr. Ross said that he was in agreement with all of the conditions in the staff report with the exception of the hours of operation. He asked thatcthey be allowed to open from 9:00 a.m. to 9:00 p.rn., Monday through Thursday, during summer, from June to September. Ms. Butler did not object to the proposed hours of operation. Patsy Ma, 650 W Duarte Rd., said she is the leasing agent for the property. She confIrmed the under utilization of the parking structure. She explained the locations of the rest rooms'inrelation to this suite. She indicated that they would be issuing key code numbers for the students to utilize the parking structure. Commissioner Lucas was concerned about the ease ofcememberiilg the Code. Ms. Ma replied that the school would provide them with that code allowing them to enter the parking structure. Mr. Ross explained that they have tight management. They have locations in other cities with much more restrictive sites and they do not have problems there. For example, they have locations where they can only park in certain spots or they have to park on a particular lot. In other words, they are accustomed to restrictions and assuring that their students and employees comply. No one else,spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Wen to close the public hearing. The motion passed by voiee vote with no one dissenting. MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Olson to approve CUP 2004- OOS subject to the conditions in the staff report with amended times of hours of operations, whereby the from June 1 until Labor Day the hours of operation may be from 9:00 a.m. to 9:00 p.m., Monday through Thursday. Arcadia city Planning CommiBSiOn 3 7/13/4 . . . ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None Chairman Baderian noted that there is a five working day appeal period after the adoption of the resolution. The resolution wiUbe adopted on July 271h. Appeals are to be filed by August3. 2. PUBLIC HEARING MC 2004-038 939 Hampton Jeff Lee Consideration of an appeal of the Modification Committee's denial to legalize a non-permitted combination wrought iron fence, gate and block pilasters. The staffreport was presented. In allswefto a question by Commissioner Hsu, Mr. LlltJ1bert stated that he was not aware of a change in the height of the fence. The public hearing was opened. Jeff Lee, 939 Hampton Rd., said that he did not attend the Modification Committee meeting because he was under the impression that his fence was 1"-2" above the maximum height limit. He thought this because he measured the fence, posts, and guides himself and he had pictures showing the height, which he submitted. He was quite surprised, however, when he discovered the discrepancy in the heights. He was sOrry that he did not attend the Modification Committee meeting or'was not present when the Code Enforcement Officer came by because if he had he been there, maybe this would have been resolved. He explained that the only deviation from the original plan is that it was to baa curved fence but during construction they changed it and now it is straight. This fence has existed for3 years already, which was when he constructed his home. At the time he obtained all building permits and everything was fmaled with. the exception of said fence. He objected to the condition that the Modification COl1)1Ilittee is requiring him to install a planter in front of the fence. He stated that he does not want that there and does not like the appearance. He thought that was a ridiculous condition. The Homeowners Association has approved everything that they have done on this property and everything was approveO by them. He said that if there is a large discrepancy itis probably due to the soil settling, since this has been there for 3 years. Originally, they had plans on having swing gates but later they changed il'to sliding: The gate itself is 5' high and the wheels increased the height by 3"-4". But, Code Enforcement measured the height of the gate at the guides, which is 6' and not the gate. He was surprised thatthat was where Code Enforcement Officer measured it and he will cut it down to comply. He thought that this was ridiculous, too. Based upon his measurements, the walls, gate and fence are only a few inches on: if any. In reply to a question by Commissioner Lucas, Mr. Lee said that they would eventually put lights atop the pilasters. He reiterated that they obtained building permits for everything that they have done during construction, including the fence, gate and pilasters. His oniy fauh has been that he has been lax in obtaining the final for the wall, which he thought was a minor issue. No one else spoke in favor of or in opposition to this item. Arcadia City Planning COnlmissiOn 4 7/13/4 . . MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Hsu to close the public hearing. The motion passed by voice vote with no one dissenting. . Mr. Lambert responded to a question by Commissioner Lucas, by saying that they can have lights 18" above the height limit on either side of the driveway, Ms. Butler indicated that the plans approved by the Homeowners Association indicated 4'-10" columns and a 6'-2" gate at the top of the curve. She explained that the code was amended in 1999 requiring that the landscaping be decorative planter in the.area between the property line and the fence. Mr. Lambert remarked that the citation from Code Enforcement stated that there were no building permits. It is possible that Mr. Lee secured a permit but it could have. expired. Permits are valid for six months. . Chairman Baderian said that it appears based upon Code Enforcement and staff that thcy do not have knowledge of a valid permit on file. In answer to a question from Commissioner Hsu, Mr. Lambert stated that the code does not state specifically where the highest point of the fence is measured. He also explained the difference between a fence and gate heights. Commissioner Lucas felt that before making any decisions, they should confirm whether a building permit was issued or not. He felt that makes a difference in how they approach it. Commissioner Olson said regardless of whether a building permit was issued or not, if it was not built to code then they should treat it as if it does not exist. This is the general approach at the Modification Committee meetings. Modifications are denied if they do not secure an appropriate improvement, do not prevent an unreasonable hardship (non-economic) or do not promote uniformity of development. He thought they should approach this in the same manner, regardless if the fence exists or not. Commissioner Wen agreed and said that building to. code isa major consideration. He asked how much can a fence deviate from code requirement? Ms. Butler replied that staffwould not pursue something that is off only by an inch or because that is so minute. However, the plans that were submitted and the dimensions were shown, noted a significant variation from the code. She explained code requirement. Commissioner Hsu said that he drove by and based on. what he saw there was no violation. In driving the neighborhood, he considered the property to be harmonious with other properties. He observed another fence on the same street, which was considerably taller. Ms. Butler replied that the fence probably required modification. Commissioner Lucas said that in order for them to resolve this issue, they need. to have accurate measurements taken and suggested continuing the hearing. He said that he also drove by and found that this was the only property in the 900 block that had a fence, with the exception of one home with a 3' high picket fence, but, there was one on the 1000 block. He did not think that this fence conforms with Arcadia Cd}' Planning Commission 5 7/13/4 . . . the developments in the area and is not visually harmonious but this is something they will decide after the height is confirmed. Ms. Butler suggested that staff COnflflD the measurements of the fence and recommended tbe item be continued to verify the height and to check the building permits. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Lucas to re-open the hearing. Mr. Lee was fiustrated by the proceedings and said that the Homeowners Association approved his plans. He could not see the justification for continuing the hearing. He thought the Planning Commission should take action tonight and that they should determine how much of a deviation is acceptable. For instance, they should decide that a 2" deviation is acceptable and anything more than that should be removed. Chai.rman Baderian explained that the Commission's reasoning behind continuing the hearing is to ascertain the accurate measurement of the fence. Perhaps the measurement should be taken while staff, the Homeowners Association and the property owner are all in attendance so that there is no misunderstanding by any party involved. They also would like to verify if there are actually any permits on file for the fence. Mr. Lee replied that his permit has probably expired. MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Wen to continue the hearing to August 10,2004. ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None CONSENT ITEM 3. TIME EXTENSION 2002-{)U and ADR 2001-055 425 N, Santa Anita Ave. George Fasching Consideration ofa one-year time extension to replace an existing retail building with a new automobilt fueling station. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Wen granting a one-year time extension to August 13, 2005. Arcadia City PJanniIJg Commission 6 7/13/4 . . ROLL cALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None 4. MINUTES OF 6/22/4 RECOMMENDATION: Approve MOTION: It was moved by Commissioner Olson, seconded by Commissioner Hsu to approve the Minutes as published. ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None MATTERS FROM CITY COUNCIL None MATTERS FROM PLANNING COMMiSSION Chairman Baderian thanked both the Planning Commission and staff for the thorough and productive meeting with City Council. He felt it was a positive exchange and thanked statffortheir.support of the meeting. Chairman Baderian asked that each Commissioner forward their vacation schedules to statfto make sure that there is no lack of quorum. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Olson summarized the Modification Committee actions. He congratulated the Chairman and Chairman Pro Tern: He also said that he would like to continue chairing the Modification Committee meetings, unless another Commissioner would like to take on this role. In the event of Commissioner Olson's absence at Modification Committee, Commissioner Lucas will attend. MATTERS FROM STAFf 1. CITY COUNCIL ACTIONS 2. PLANNING COMMiSSION AGENDA ITEMS Ms. Butler said that per the request of City Council and the City Manager, she would like to meet with the Planning Commission to discuss possible guidelines for design review for single-family properties. An:adia city Planning Cammission 7 7/13/4 . . , . She indicated that she has prepared draft design guidelines. In checking with everyone's calendar, it was decided that there would be a study session starting at 6:00 p.m. on August 10th. ADJOURNMENT 8:00 p.m. IsfDonna Butler Secretary, Arcadia Planning Commission Arcadia City l'Ionning Commission 8 7/13/4