HomeMy WebLinkAboutJULY 13, 2004
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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
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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
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. 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.
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. 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.
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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
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. 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.
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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.
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, . 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
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