HomeMy WebLinkAboutDECEMBER 11, 2007
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ARCADIA CfIY PLANNING COMMISSION
Tuesday, December 11, 2007, 7:00P,M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, December
11,2007 at 7:00 p.m" in,the.CouncilChambers.ofthe,City of Arcadia, at 240 W. Huntington
Drive, with Chaitman Baderian presiding:
PLEDGE OF ALLEGIANCE
ROLL CALL:
PRESENT:
ABSENT:
Commissioners Baerg, Beranek, Hsu and Baderian
Commissioner'Parrille-
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu; to excuse
Commissioner Parrille,from tonight's,meeting, The motion.passed.by voice vote. with none,
dissenting.
OTHERS ATTENDING
Councilman' Peter' Amundson.
Community Development Administrator Jason Kruckeberg
Senior Planner Jim KasaJna'
Associate Planner Tom Li
Assistant Planner Steven Lee-
Business License Officer Silva Vergel
SUPPLEMEN!fAL INFORMATION-FROM.S!fAFF REGARDING-AGENDA- ITEMS.
Mr. Kruckeljerg gave the Commissioners a letter from David and Jill Muhs regarding
Item' 2.
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE
PLANNING-COMMISSION. ON. NON-PUBLIC HEARlNG-MAT-TERS,- Five-minute.tlme-
limit per person.
None-
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h. PUBLIC 1lEARING---MODIFICATION-NO. MP 07-08-and'ARl:UHECfURAL
DESIGN REVIEW NO. ADR 07-17
724 WestFairview Avenue.
Robert Tong
(Designer, on. behalf of property. owner, Dexter Fairview, LLC)
The applicant has requested an Architectural Design Review and the following
Modifications for a proposed8-unitresidential condominium project on an R-3 multiple-
family zoned property:
A A 25'-0" driveway width in lieu of the minimum 30'-0" required when adjacent
toa garage opening, and
B, A 19'-0" garage depth,inlieuoftheminimum 20'-0" required.
Associate Planner Lee presented the, staff report,
Commissioner Hsu asked if any similar Modifications have been granted and Mr. Lee
said,there-had not: '
The public hearing.was.opened.
Mr, Robert Tong, the applicant and project designer, accepted all conditions of approval
and thanked stafffor their work on the,project. Mr, Tong.a1so said.that the driveway
was placed in the middle to afford more space for the units and to save ttJ,e Iacarandaand
palm trees,
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu to close the
pliblichearing,
Without objection the public. hearing-was closed,
MOTION:
It was moved by Commissioner Hsu, seconded by Commissioner Beranek, to approve
Modification No, MP 07-08 and.ArchitecturaI Design Review No. ADR 07-17 subject to
the. conditions in the staff report,
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ROLL CALL:
AYES:
NOES'
ABSENT:
Commissioners Baerg, Beranek, Hsu, and Baderian
None-
Commissioner Parrille'
There.isa fiveworking.day..appeal period. Appeals are.to.be.filedby December 18,
2. PUBLIC BEARING - MODIFICA nON NO. MP 07-09
1446 San. Carlos Road'
Phuong,"Kenny" Tran(OwnerlBuilder)
The applicant is appealing the Santa Anita Oaks Association's denial of the proposed
archiiectural design, and requesting the following Modifications for a proposed rebuild.
that would add 2,164 square feet.ofliving space and a new detached, 713 square-foot,
three.ClIr. garage. to the previously existing,2,563 square foot single-story, single-family
residence:
1. A 17'-6" front entry height in lieu of the maximum permitted height of 14' .0";
2, A.IS'-O" northerly street side yard. setback in lieu of the minimum 3S'.o" special
setbackrequired for the detached garage;
3. The existing 20'.0" northerly streeuide yard setback in lieuofthe.minimum3S'.o"
special setback required for the main dwelling;
4. A 10'.0" southerly...side,yard setback in lieu of,theminimum 1~-0" required;
5. A deletion of the minimum 12'.0" southerly side yard setback. requirement for the
replacement. of the existing pool equipment;
6, A 6'-0" high driveway gate and block wall to be located within the vehicular
visibility. clearance area.
Associate Planner Lee.presentedthe.staff report.
Commissioner Hsu asked if there were code violations as described in the letter froin Mr,
and.Mrs, Muhs and. how this type. of situation is haiulled, Mr, Lee,explained that
although there were no code violations, demolition work was done without permits, Mr,
Lee.added thatin such a case, aBuilding Inspector is sent to inspect the. site and secure.
permits.
The public,hearing.was.opened,
Mr, James Allen said he was representing Mr. Tran. He said that Mr. Tran wants to build
abetter property and briefly reviewed the building and landscape.plans,
Chairman Baderian asked if the applicant had reviewed and consented to the conditions
of approval.
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Mr. Allen said that Mr, Tran does not agree with condition I as there are other properties
in the area with entries exceeding 14 feet in height and he questioned why thisregulation.
should be applied to his property now,
Mr. Allen introduced the designer, Mr, Jose Alphonse Arceo, Mr, Arceo said that items I
and. 6 are.preventing.progress,on.theproject. Condition number I relates to enuy height
which is being reduced. to meet recommendations and item 6 is not an issue since the
driveway 'onto Orange Grove:is.going.to. be.sealed,
Commissioner Baerg asked Mr, Arceo why he thought they had not been able to resolve
their ditrerenceswith.the-Architectural Review Board.
Mr, Arceo said that he believes the neighbors will have no objection once they see the
finished project,
Chairman Baderian asked if anyone.wantedto speak in opposition to the.project.
Mr, Joe Labrie said that he is the neighbor directly to the south of the project site and that
heis.alicensed professional civil and.structural engineer, He expressed concern about
the development, particularly Modifications 4 and 5. He explained that Modification 4 is
a request for a 10 foot side. yard setback in lieu ofthe.l2.footsetbackthat is required,
Mr, Labrie said the applicant made misleading and inaccurate claims in stating that the
existing.south wall.is 11 feet and 4 inches,fromthe.property line. He,saidthathe
personally verified that the south wall is actually 10 feet and II inches from the property
line: Also, Mr. Labrie saidtbat.the applicant claimed, that Mr, Labrie's home is8 feet 5
inches from the property line and, in fact, it is 10 feet from the property line, in full
compliance. with.city standards.and-approved.by the. Architectural. Review.Board,
Further, Mr, Labrie points out that the applicant wants to extend the existing 24 foot
southerlywa1l by. more than 50"1o.to 39 feet and that there is no reason. or. justification that
doing so would "securean.appropriate improvement", Therefore, Mr, Labrie stated that
it . is. appropriate to request that the applicant. comply. with.city code.standards:for this new
construction and deny this request for a modification,
Regarding Modification 5, deletion of the 12 foot side yard setback for pool equipment,
Mr, Labrie said that the. applicant claimed that theequipment.ismerely. being-replaced,
when, in fact, the equipment,.itsfoundation and the enclosure have already been
demolished without apennit, He,saidthe appiicant is requesting. new equipment and
new construction to be installed in a noncompliant manner, Mr. Labrie said that the
applicant has stripped the. site of mature. vegetation that insulated the neighboring homes
from unsightly construction and pool equipment noise, Currently, Mr, Labrie said, there
is no. pool. equipmentand,surrounding.structurebut that future.constiuction will. inhibit
access to the property and poses a significant safety hazard and, therefore, it'is not
reasonable to, allow a new pool enclosure and equipment to be.built contrary to city
standards. For these reasons, Mr. Labrie is asking the Commission to also deny the
request for Modification 5.
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Commissioner Beranek asked about the photo of the pool equipment site noting that there
appeared to be nothing. there. Mr, Labrie.confirmed that the pool is there but everything,
else is gone,
Mr, Oavid Muhs, who lives across the street from the project site, said that he submitted
alettertoth~Commission but wantedto.add more.informatioll; He.had'slides of the-
neighborhood showing that the area.is predominately occupied by one story ranch homes
builtin.the ]9S0's that arecwell landscaped.with mature.vegetation. Mr. Muhs.showed a.
picture of the project site before the cUrrent construction with large mature trees. He
said that all of the trees except one. have, been removed including:amatureoak, a liquid
amber and a pine. Mr. Muhs is very concerned that these trees be replaced with trees of
similar size.and appearance, He also pointedout.thatthe proposed entrancejs out of
scale for the neighborhood and showed pictures of neighboring homes for examples, He
also includedone,home.that had a massive entrance which he, felt was,inappropriatefor
the area, Mr, Muhs asked that the Commission send the project back to the Architectural
Review Board for resolution;
Mr. Thomas Beck, a member of the ARB since ]990, said that the ARB has not seen final
p1ansandthat he is concerned that theapplicant,is.not following.rules, Mr, Beck said.he
is not even sure who the owner of the property is and that he suspects that this is a "spec
build". Mr, Beck expressed concern for the neighbors.to the south and.about protecting.
the setbacks which the ARB strictly enforces. He is also concerned ahout the foliage
becausethe.applicanthas replaced trees.inappropriately.on.anothet: sitenearhy.
Commissioner Hsu asked if plans had been submitted to the ARB at the October 29
meeting, Mr. Beck said they have. only seen preliminary plans"
Mr. Jack Lynch, a 20 year member of the ARB, said he has never seen a project
requesting so many variances. He,said the ARB enforces the,city;rules,and.thatthere,is
no reason why this project cannot comply with these rules. He is concerned about the
setbacks and landscaping.
Mr, Allen said he bought the house in July, 2007, and that he and Mr. Phong were joint
owners because.they are, business. partners, He said that Mr. Phong,wona.lotofmoney,in.
Las Vegas so Mr, Allen sold it back to Mr. Phong for tax purposes although Mr. Allen
intends to, live in the house, Mr, Allen,said.that.he,only:wants to extend the,south wall 39
feet maintaining the line of the house, He also said he is not sure where the property line
is, He does not want to build a two story property because it would not blend in with the.
neighborhood, Mr, Allen said that the p<x>1 equipment was removed because it wasJaulty
and that he could.not get insurance,on,the. property, because the dead foliage made it afire
hazard so the trees were removed. He understood that pennits were not required for tree
removal, Mr, Allen said that he only wants tomaintain.the,beauty of the: neighborhood
and will. comply with the conditions,
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MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu to close the
public.hearing.
Without objection the public.hearing.was closed.
Commissioner Beranek said it seems like the ARB is doing a good job and we should
support them,
Commissioner Hsu said he felt that there was a lack of communication and that the project
should be, sent back to the'ARB for further consideratioll;
Commissioner Beranek asked if the Commission has the option to send the project back to
the.ARB.or only to deny or approve.it,
Mr, Kruckeberg explained that there is no change to the policy that the city has relating to
the ARB, i,e., if the. applicant chooses to appeal the ARB decision, the Commission will.
process the appeal. He said the Commission can detennine that some or all of the issues
are better addressed at the.ARB level and remand. the project backto the. ARB in full or in
part,
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to remand this
prOject to the ARB for further deliberation,
Mr,Kruckeberg noted that this would not necessarily impact the Modification.requests
and the, project couldeventua1lyreturn to the.Commission.
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Baerg, Beranek, Hsu, and Baderian
None'
Commissioner Parrille-
Thereois.afiveworking,dayappeal,period, Appealsareto.be.filed by December 18.
3. PUBUC HEARING - MODIFICATION NO, MP 07-10 and SINGLE-FAMILY
ARCHITEeTURAL DESIGN REVIEW NO, SFADR07-6$
2421 EI Capitan Avenue
Joseph.Pham(property. owner)
The applicant is requesting the following Modifications and the related Single-Family
ArchitecturaIDesign Review for a single-family residential "rebuild":
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1. A 5' -6" northerly side yard setback in lieu of9' -4"; and
2, A 5' -9" separation between the. main dwelling-and theexisting-twCH:ar. garage in
lieuofIO~-O" required.
Assistant,Planner Steven Lee,presented the.staff report.
Mr, Joseph Pharo, the applicant, accepted all conditions of approval and offered to
answer questions,
The public, hearing.wasopened.
Mr. Kuo Liang Chien, a neIghbor, expressed concern about the 5'6" setback in lieu of9'-
4" on the. northerly side, Mr, Chien presented. a video demonstrating-the noise level at
his home from the swinuning pool pump at the project site. He also expressed concern
about the noise. from the. air conditioning-unit during.the.summer; Mr, Chien asked the.
Commission to enforce the setback regulations so that his family will not be subjected to
these.noisl:' levels;
Mr. Pham, the applicant, said that the noise was from the old pool equipment and air
conditioning. unit, . He. said the poo\.euquipment would be-replaced with a quieter. mode\.
and that the air conditioning unit will be moved farther away from Mr. Chien's property
which. should resolve the noise problem,
Commissioner Beranek asked Mr, Pharo if he knew what the noise level would be with
the. new. equipment and Mr, Pharo said he. did. not, but that the newer. models are all
quieter,
MOTION:
It was moved by Commissioner Hsu, seconded by Commissioner Beranek to close the
public hearing,
Without objection the. public hearing-was' closed,
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to approve
ModifitationNo. MP 07-lOandSingle,.Family ArchitecturaI Design Review No, SF ADR
07-68 subject,to the conditions. in the-staff report,
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Baerg, Beranek, Hsu, and Baderian
None-
Commissioner Parrille'
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There is a five working day appeal period. Appeals.areto be. filed by December 18.
4. PUBLIC BEARING - CONDmONAL USE PERMIT NO. CUP 07-12 and
ARl:H1TECTURAL DESIGN REVIEW NO. ADR 07-21
630.East Live.Oak: Avenue-
The Church in Arcadia
(David Dong, Church President)
The applicant is requesting a Conditional Use Permit with Parking and Zoning
Modifications and Architectural Design Reviewfor anew, two-story, 23,000 square-foot.
church/meeting hall with a maximum attendance of 1,000 people,
Senior Planner JimKasama presented the staff report,
Mr, John Peruzzi, the architect for the project, said that the applicant will comply with all
conditions and thanked staff for their efforts.
Mr. Michael Keith, a member of the church, said he supports the project because
chUrches.. help stabalize. families and communities and that this facility will support the
whole. city of Arcadia
Mr, Stephen Hurly, a new resident of Arcadia, said that the church welcomed him when
he. moved to the city, He. said the church is.filled with wondertiil people. and that the
facility would be.agift to the community, .
Dr, C, p, Cheng, a member of the church, said that the church has been very helpful to
his. family, Dr. Cheng. said. there. is no reason to. reject their application and that he,
supports their project.
Mr, Tim Sears recently moved to Arcadia and became a member of this church. He,feels
that the church welcomes everyone,and that.the proposed facility Will bean asset to the.
city,
Mr. Chao Ma has been a member of the church for almost 30 years, He believes that the
public. hearing. will bring, about mutual. understanding. and. public awareness, Mr, Ma.
described the benefIts.of having a church in the, neighborhood and.said that the benefits
far outweigh any possible.negative,.factors, Mr, Masaidthat the church is willing to do
whatever is necessary to. accommodate the neighbors.
Mr, Paul Alikin said he also supports the project and pointed out that having,the church
in the, neighborhood is also. good for business,
Mr, Louie Hernandez said that the project will be good for the community. He said his
family has been closely,associatedwith the. church for a long time and he has.seen the.
good.that.the.church has.been.able,to accomplish.. He.explained that the. church
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sometimes conducts events in conjunction with other churches requiring the use of a
large meeting.room.
Ms. Claire Chang said she grew up in the Church in Arcadia and that she feels that the
church has been a beneficial influence-in her lif~ She said she-feels that the church will
haveothe.same,positive.affect on. others.
Ms, Elaine y, Chen said she grew up in Arcadia and attended local schools. She was also
a member of the church which.provided.spiritual support throughout her. life, She. said
she ,supports the. project:
Chairman Baderian asked if there was anyone that wished to speak in opposition to this
project. There.were,none,
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu to close the
public hearing.
Without objection the.public.hearing.wasclosed.
Commissioner Bearg asked about conditions 4 and 5 related to ceremonies and asked if
these are decisions that normally should be left to the church rather than the. Planning-
Commission:
Mr, Kasama said the conditions were designed to restrict the use of the facility to the
applicant and to control,attendance.andfrequency of activities.
Chairman Baderian asked about parking for the three or four major events yearly. He
noted that the parking. lot could not provide. sufficient parking for these events and off-site,
parking,would be required, He asked how staff would regulate. the parking,
Mr. Kruckeberg said the number of events was limited by Condition 3 to three or four
events.per. year and that the, church will be.responsible.for providing parking. Hesaid.there
are several options available.to them,
Chairman Baderian said that at the prior hearing for the zone change, etc., the neighbors
expressed concern about parking.for these, special events,
Commissioner Hsu also expressed concern about the special event parking because he said
he ,knows of no parkingJotinthe.area that can accommodate. the overflow. He.askedifthe.
regional meetings could be eliminated.
Chairman Baderian asked if condition 3 could be revised to incorporate procedures to cover
parking at the regional meetings so that ,it does not have a negative impact on the.
community.
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Mr, Don Penman, Development Services Director, said that the.city has been working with
the applicant on this issue. and-suggests that the applicant notify the city in advance of a
regional meeting and provide their plan to handle the parking, He also noted that the CUP
could be reviewed and modified as necessary,
Chairman Baderian agreed that the requirement for advance notice to the city of a regional
meeting along.with a parking plan should be included in the conditions.
Commissioner Hsu said he noticed that the plan showed sharing of the 25 foot wide access
road with the- Par 3 Golf Course-and he-asked if there-could be-dedicated access'to the-
church parking. lot instead.
Mr, Kruckeberg said that there are traffic improvement measures included in the project
that should alleviate. traflk problems and that additional driveways on Live Oak Avenue-
are:not desirableo
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baerg, to approve
Conditional Use,Permit No, CUP 07-12. and Architectural,Design.Review No. ADR 07-
21, subject to the conditions in the staff report and including the additional conditions
requested by the.Commissioners,
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Baerg, Beranek, Hsu, and Baderian
None-
Commissioner Parrille-
There is a five working day appeal period after the adoption. of the Resolution, The Resolution
will be, presented at the.next Planning Commission meeting,
CONSENT ITEM
5. MINUTES OF NOVEMBER27, 2007
RECOMMENDATION: Approve.
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MOTION:
It was moved by Commissioner Hsu, seconded by Commissioner Beranek to approve the
minutes of November 27, 2007 as submitted,
ROLL CALL:
AYES:
NOES:
ABSENT:
Commissioners Baerg, Beranek, Hsu and Baderian
None
Commissioner Parrille
MATTERS FROM. CITY COUNCIL AND-PLANNING. COMMISSION
Councilman Amundson reported that the Council is still working on the restructuring of
Recreation fees and that he has conveyed theCommission~s desire for ajointmeeting to.
the new City Manager, Mr. Penman. The meeting will probably take place after the
elections in April. He also said they are hoping for a good resolution with.the Police.
Department negotiations, Councilman Amundson distributed material from UCLA
Extension on Planning. classes and he. wished everyoneaMerry Christmas,
MODIFICATION, COMMITTEE MEETING-ACTIONS.
Mr, Kruckeberg reviewed the actions of the Modification Committee and said there were
three.items.onthe.agenda, two were. approved and one was denied.
FURTHER MATTERS FROM STAFF
Mr. Don Penman, the new City Manager effective January 1, said that he intends to
appoint.Mr. Kruckeberg,asthe.new Director of Development Services, in January, Mr,
Pat Malloy, Public Works Services Director, will be appointed Assistant City Manager
and Mr. Phil Wray, City Engineer, will be. appointed Deputy Director of Development
Services, including Trafikand Transportation. Services.
ChainnanBaderian congratulated Mr, Kruckeberg and Mr.. Wray,
Mr. Kruckeberg told the Commissioners to advise him if they wanted to attend any of the
UCLA Extension training courses. He.said therear~two classes especially for. Planning-
Commissioners. one on January 31 and one on March 6,
Mr. Kruckeberg noted that an artiCle from the LA Times on McMansions was included in
the,Planning Commissioners' packets. He said many of the issues discussed in the.article
are applicable to Arcadia,
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Mr, Kruckeberg mentioned that a letter of appreciation was sent to Professor Delgado at
CalPolyat Chairman Baderian's requesuo thank.her and her students for their project
and the,November 27 presentation to the Commission,
Lastly, Mr. Kruckeberg told the Commissioners that there will be no meeting on
December 25 and that the next meeting-will be. on January, 8, .20.0.8.
ADJOURN TO JANUARY 8, 2008
9:0.0. p,m_
IslJason Kruckeberg
Secretary, Arcadia Planning Commission
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