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HomeMy WebLinkAboutNOVEMBER 14, 2006 'f~ '. . . MINUTES ARCADIA CITY PLANNING COMMISSION Tuesday, November 14, 2006, 7:00 P.M Arcadia City Council Chambers ThePlanning Commission of the City of Arcadia metin regular session on Tuesday, November 14,2006, at 7:00 p:m., in the Arcadia Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with Chairman Olson presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: ABSENT: Commissioners Badman, Beranek, Hsu, Pariille and Olson None OTHERS ATI'ENDING Community Development Administrator Jason Kruckeberg Planning Services Manager Corkran Nicholson Senior Planner Lisa Flores Associate Planner Jim Kasama Senior Administrative Assistant Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Associate Planner K lI""m!l gave each Commissioner a copy of a letter from a neighbor of Richard Schwartz, the applicant-in Item 2 of the agenda, TR 06-11, relating'to the oak tree. TIME RESERVED FOR THOSE IN THE.AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MA TIERS - Five--minute time limit per person None PUBLIC HEARING. ITEMS 1. PUBLIC HEARlNGMP 06-37 8E Forest Avenue Lobo Lin The applicant is requesting the following modifications for a new single--family residence on a property zoned R-2. I. A9' -1" to 12'-10" first and second story westerly side yard setback in lieu of 15'- 0" required (Sec. 9253.2.5); 2. AS' -0" first-story and 10'-0" second story easterly side yard setback in lieu of 15' - 0" required (Sec. 9253.2.5). e . . The staff report was presented by Senior Planner Lisa Flores. The public hearing was'opened. Commissioner Parrille asked if there was any way the plans could.be changed to reduce the loss of eight feet in ihe side yard setback so that the plan would meet code requirements? Senior. Planner Flores explained that this would result in a significant reduction in the footprint of the building and liIsothe functional space of the. house. Mr. Lobo Lin, 411 E.HuntingtonDr., Suite 211, the architect on the project and Mr. David Sanchez, 8 E.Forest Avenue, the owner, were both present. Mr. Lin explained that because of the irregular lot configuration he was unable to design a house that was in compliance with R-2 requirements and at the same time provided adequate building area. Therefore, the owner decided to apply for a Modification. Commissioner Baderian asked Mr. Lin and Mr. Sanchez if they read and were in agreement with the conditions of approval in the staff report. Both Mr. Lin and Mr. Sanchez said they were in agreement. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public hearing. ROLLCALL: AYES: NOES: Commissioners Baderian,.Beranek, Hsu, Panille and Olson None MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian, to approve MP 06-37 as recommended by staff; subject to the conditions in the staff report.. . Commissioner Parrille asked that the record.ret1ectthat the modification was approved to avoid the hardship that would result for the applicant becauSe of the irregular shape of the lot. AYES: NOES: Commissioners Baderian, Beranek, Hsu, Parrille and Olson None Chairman Olson.noted that there is a five working day appeal period. Appeals are to be filed by November 21. . PC AGENDA 11'14-06 !'ago 2 2. . PUBLlCHEARlNG TR 06-11 1328 N. Santa Anita Avenue Richard Schwartz . An appeal of the City of Arcadia Modification Committee's denial ofan Oak Tree Removal Permit for a healthy Coast Live Oak (Quercus Agrifolia) tree that has damaged the property line wall between 1320 and 1328 North Santa Anita Avenue. The staffreport was presented Iiy Associate Planner Tun Kasama. Although the staff report recommended denial of the application, Mr..I{RAAma pointed out that a letter from Mr. Schwartz's neighbor indicated that the tree in question was damaging the adjacent garage and that, because of this, perhaps an application for removal.ofa hazardous tree might b~ warranted. Commissioner Beranek asked what alternatives staff had suggested to Mr. Schwartz. Mr. Kasamasaid that several alternatives were discussed at the Modification Committee meeting, for example cbangingto a wood or wrought iron fence and/or trimming the root system of the tree. Commissioner Baderian asked if staff had visited the site and noticed any damage to the neighbor's garage or any other obvious damage to either property? Mr. I{ll....ma explained that the site visit was limited to 1328 N: Santa Anita, the applicant's property, and that the only damage observed was to the wall. Commissioner Beranek, referring to the photos in tbe staff report, noted that the oak tree does not encroach very far ontotheneighbpr's property. Mr. Kasama confirmed this observation.. Commissioner.Parrilleasked if any ,studies had been made as to the feasibility of repairing the wall. Mr. Kasama said he was not aware. of any. The public hearing was opened. The applicant, Mr. Richard Schwartz, 14358 Soutb Yukon Avenue, Hawthorne, explained his desire to remove the tree and his confusion about the process. He pointed out that the tree is 25 years old, not 75, as:estiIDated by the city ArboriSt. Mr. Schwartz said be wanted to remove the tree and replaceitwitb another oak to be planted at a safe distance from the wall. Commissioner Parril1e asked Mr. Scbwartz if.the replacement tree would be a mature tree. Mr. Schwartz said that be was willing to obtain a new oak tree and have it planted to.make sure it would grow, before removing the. present oak tree. Commissioner Baderian.asked Mr. Schwartz if be bad seen the letter from his neighbor, Mrs. Contreras, describing the dRmage to her property which she attributed to his oak tree. Mr. Schwartz said that he had seen the letter butthat he had not seen any damage to her garage. However, he said, the tree is near the garage and it is possible that it could ClUISe dAmage to her garage. PC AGENDA lI-r~ Pagel . . Commissioner Baderian asked if Ii replacement tree and location for planting would be reviewed by the CitY Arborist. Mr. Kasamaexplained that in the'past, replacement trees and planting locations have been selected by the City Arborist. Mr. Schwartz said that his mother occupies the property. at present and that she has instigated the planting of hundreds of trees for large sca1eprojects. He further stated that he.is not against trees in general. Commissioner Beranek questioned the need for a retaining wall at this location. Mr. Schwartz said there is a slope between the houses and when tbe neighbor built their house they insisted on a retaining wall. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner..Hsu to close the public hearing. ROLL..CALL: AYES: NOES: Commissioners Baderian, Beranek,Hsu, ParriIle and Olson None . Commissioner Baderian.asked if the alleged damage could be verified since they are to take that into consideration. Mr. Kruckeberg noted that a different permit process is available if a tree is causing damage or has the potential to cause damage. He further noted that the Arborist did not suggest this. Commissioner Beranek asked if the Arborist would routinely inspect the neighbor's property when inspecting.the applicant's property. Mr. Kruckeberg explained that the Arborist would. not be required to visit neighboring properties unless alerted to a problem or specifically directed. Mr. l(aS"mll said the application could be, approved unconditionally or with the condition that the applicant provide a replacement tree 'orthe Commission could -ask the Arborisfto reinspect the property and report on dllml\ge to the neighbor's garage. He further noted that the Commission could require removal of the retaining wall or replacement oftbe wall with a different material. Perhaps the wall could be repaired without dllmllging the tree. He pointed out that there are a number of options. Commissioner Baderian stated that he does not like tosee.removal of a healthy tree butif there is verification of risk to individuals an exception. may be made. He said that if there is verification that the tree is dllmaging the neighbor's property and the applicant is willing torep1ace it with a tree approved by city staffand the city Arborist, thenbe would support the application. PC AGENDA 11-14-06 Pas< 4 " commissioner,p!e pointed out a potential dispute betwl property owners, the possibility of further damage to the wall, and that removal and/or replacement of the wall is expensive. He said that common sense suggests that.replacement of the tree is a sound' and reasonable way to resolve the issue and.he would support the application. Commissioner Beranek said that he was on the fence and thathe was not sure enough work had been done on the question of removal of this oak tree. He also noted that he would ,have liked to hear more alternatives. Commissioner Olson pointed out that the letter from Mrs. Contreras was not presented in the Modification Committee meeting but that he had no reason to doubt her observation. Further, he noted that another inspection would not necessarily provide information on continuing damage to her property. There seemed to be no point in having the Arborist look at the tree again. Instead, Commissioner Olson said that if the appeal is approved tonight he would like to see another tree planted at a location of the applicant's choosing and with the Amorist's approval. He stated that the new information presented by the neighbor's letter makes it clear that.the applicarit and Mrs. Contreras are concerned about the tree. CommisslonerBaderian asked if the letter had.n6tbeen submitted.and only the information in the staff report and from the applicant was available, would the Commission still approve the,appeal. He asked if this would be a one or two step process involving the removal.of one tree and the planting of a replacement tree. Mr. Kruckeberg said that if the COmmissionwishes to approve the project, the preferred approach would be to grant approval with the condition that another tree is planted; i.e:,a one step process. He also explainedtltat if the Conunissionerswant additional information on whether the tree is causing damage, they could.deny the application and allow the applicant to submit a hazardous tree application and include this information. Commissioner Panille moved to approve the application with the condition thatthe tree would be replaced with a similar tree subject to city Arborist!s approval. Commissioner Baderian seconded the motion. Commissioner Hsu said that if the tree was in a new development he would oppose the application but since it is in established neighborhood.he supports approval. Commissioner Olson noted that the applicant offered to insure that the new tree is viable before removal of the current tree. However, he felt that once the new tree is planted and the arborist verifies that it is a healthy tree there would be no problem in removing the old tree at the same time. Commissioner Piurille said that. since the applicant is proposing rep1acement of the tree and he is Willing to work with the city Arborist it would be appropriate to grant the application without requiring the applicant to appear again. Commissioner Baderian questioned the city's liability in regard to this tree. PC AGENDA 11,14-06 Page , . . Commissioner Parrillepointed out the standard hold harmlftprovision in the staff report. Commissioner Hsuasked if this provision would apply to both 1320 and 1328 North Santa Anita. CommissionerParrille said that the motion could be modified to include any damages from removal and planting of these trees, Commissioner Baderian said he would like to see this change to the motion since the tnatter was brought to the attention of the Commission. commissioner Parrille agreed to amend the motion to include protection fromJiability for damages resulting from removal and planting of these trees. Commissioner Olson restated the motion to approve the appeal and grant a permit to remove a heahhy oak tree, overruling the Modification Committee action. The approval was contingent on two conditions; they are that the city is not liable for any damages resultingfrom'this action and that a suitable size replacement oak tree is planted with approval of the city Arborist. MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Baderianto.approve TR ()6,.11 subject to the condition that the city is not liable for any damages resulting from this action..and .that a suitable size replacement oak tree is planted with approval of the city Arborist. AYES: NOES: Commissioners Baderian, Hsu, Parrille and Olson Beranek Chairman Olson noted that there is a five working. day appeal period. Appeals are to be flied by November21. CONSENT ITEMS 3. MINUTES OFIO-tO-06 RECOMMENDATION: Approve MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Parrille to approve the minutes of October 10, 2006. Commissioner Beranek stated that he wished to make a comment after the vote. PC AGENDA 11-1+06 Page 6 . . ROLL CALL: AYES: NOES: Commissioner Baderian, Beranek, Hsu, Panille and Olson None Commissioner. Beranek noted the misspelling of Commissioner Parrille's name on Page 2 of the minutes and misspelling of his own name on Page 4 Commissioner Olson agreed.to a correction of the minutes. MATI'ERS FROM CITY COUNCJLAND PLANNING COMMISSION Commissioner Baderian advised.the Commissioners to arrive early for the November 28 meeting at the Community Center because parking will be limited. MODIFICATION COMMl1TEE MEETING ACIlONS Chairman Olson advised that Items I, 3 and 4 on the Modification Committee agenda were approved and Item 2 was continued indefinitely. MATI'ERS FROM STAFF Mr. Kruckeberg.introduced Steven Lee, the new Assistant Planner, and reminded the Commissioners of the January 11 Commissioners' Dinner. Mr. Kruckeberg briefly reviewed the process for the November 28 meeting at the Comm~ Center on the Shops ~t Santa Anita Project. He said the Commissioners will be seated on stage and staffwill give a brief presentation including an overview of the environmental process. This meeting will basically follow the sameformat as the SciJpingmeeting in that the Commission will just accept comments. A three minute time limit for speakers will be enforced as recommended earlier. Commissioner Baderian asked that notepads be provided. Commissioner Beranek asked if a court reporter will be present. Mr. Kruckeberg said there will be a court reporter at the meeting; ADJOURNMENT to 1l"2s,06.A T THE COMMUNITY-CENTERat6:30 p.m. 7:50 D.In. Is/Jason Kruckeberg Secretary, Arcadia Planning Commission PC AGENDA 11.14-% Page 7