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HomeMy WebLinkAbout02-10-09MINUTES ARCADIA PLANNING COMMISSION Tuesday, February 10, 2009, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, February 10, 2009 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with Chairman Beranek presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek ABSENT: None OTHERS ATTENDING City Councilman Gary Kovacic City Engineer Phil Wray Community Development Administrator Jim Kasama Associate Planner Tom Li Assistam Planner Steven Lee Senior Administrative Assistant Billie Tone MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to read the Resolutions by title only and waive reading the full test of the Resolutions. The motion passed by voice vote with none dissenting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS -Five-minute time limit per person None PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP NO. TPM 07-05 (69775) -REVISION An approximately $3-acre property generally located north of the terminus of Vista Avenue and north and northwest of Canyon Road. Nevis Homes TPM 07-OS (69775) is a Tentative Parcel Map for a three (3) parcel subdivision. Parcel 1 would be approximately two (2) acres in area and Parcel 2 would be 0.82 acre in area. Both parcels are proposed for residential development. The remaining parcel, Parcel 3, would be approximately 80 acres in area and would remain undeveloped. Assistant Planner Steven Lee presented the staff report. The proposed subdivision, as described below, was conditionally approved by the Arcadia Planning Commission in August 2008. The nature of the subdivision is not changing; rather, the applicant is requesting a revision to Mitigation Measure 1.5 from the approved Mitigation Monitoring and Reporting Program that requires a nonrefundable $200,000 deposit to the City to fund the maintenance of the approximately 80 acres of undeveloped land. The applicant is proposing an alternative measure to create an assessment district that would place the financial burden of maintaining the open space on the owners of the two proposed residential properties. Commissioner Baderian asked if Pazce13 would be accessible to the public or only to the owners of Parcels 1 and 2. Mr. Lee said there aze no plans for a public trail but that the applicant must agree to an easement for maintenance. Commissioner Baderian asked if the city were to apply for funds from an open space conversancy would the responsibility for maintenance fall to the public or to the owners of Parcels 1 and 2. Mr. Kasama explained that would depend on the agreement between the present and future owners of the property. Commissioner Baerg asked if this fee would be assessed to all property owners along this open space or only to the owners of Parcels 1 and 2. Mr. Lee said it would orily apply to the owners of Parcels 1 and 2. The public hearing was opened. Chairman Beranek asked if anyone would like to speak in favor of the project. There were none. Chairman Beranek asked if anyone would like to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to close the public hearing. Without objection the public heazing was closed. Commissioner Baderian said that he is not comfortable placing the burden of the cost of maintenance of 80 acres on the future owners of this property. He pointed out that the original plan to set aside $200,000 for maintenance seems more reasonable. PC MINU'rE5 2-10-09 Page 2 MOTION: It was moved by Chairman Beranek, seconded by Commissioner Hsu, to approve the Revision to Tentative Parcel Map No. TPM 07-OS (69775) subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Hsu, Parrille and Beranek NOES: Commissioners Baderian and Baerg 2. TENTATIVE TRACT MAP NO. TM 69958 1402, 1406 and 1410 South Eighth Avenue Dexter Ss' Avenue, LLC The applicant is requesting a Tentative Tract Map to consolidate three existing lots for afive-lot subdivision. Associate Planner Tom Li presented the staff report. Commissioner Hsu asked for verification on the General Plan designation for this site. Mr. Li explained that the General Plan will allow a maximum of eight units on the property but the only way to situate them is on a one-sided cul-de-sac. The public hearing was opened. Chairman Beranek asked if anyone else would tike to speak in favor of the project Mr. Charles Huang, the applicant, said that he retained a designer and an engineer and they originally laid out six lots in compliance with city code. Later, he decided to reduce it to five lots. Mr. Huang said they met with city staff many times to make sure the one-sided cul-de- sac was acceptable and, with the assurances of staff, he decided to proceed with the purchase of the property. He said that he also asked the owners of neighboring properties if they were interested in selling but they were never able to reach an agreement. Mr. Huang pointed out that he made every effort to comply with city regulations and that he believes the project will be beneficial to the city. He said he is willing to comply with all conditions of approval and he and his associates offered to answer any questions the Commissioners might have. Commissioner Baerg asked if there is a technical reason for placing the street side of the cul- de-sac to the south instead of north. Mr. Hank Jong, EGL, explained that the nature of the drainage on the property makes this most practical. Mr. Jong explained that there aze no regulations prohibiting one-sided cul-de-sacs. He pointed out several examples in the handouts distributed earlier to the Commissioners. He said that the applicant is willing to satisfy the city engineer's requirements, provide landscaping to cover the wall and hire an azborist to protect the oak tree at the site. He discussed plans for the width of the street and the size of the lots pointing out that the applicant is willing to comply with all conditions of approval. Pc htnatrrFs 2-10-09 Page 3 Attorney Patrick Perry represented the applicant. He said that it is impossible to make the Findings necessary for denial of this application and he reviewed each one. Mr. Perry also pointed out the existence of one-sided cul-de-sacs in other parts of the city and again stressed the developer's willingness to wmply with all regulations and conditions. Mr. Brace Pfeifer represented the sellers. He said the sellers contacted the city to find out how the property could be developed and they were assuranced that cone-sided cul-de-sac was acceptable. Mr. Pfeifer stated that the sellers are anxious to proceed with the project, Mr. Gordon Maddock said that he met the developer, Mr. Huang, through Bowden Development. He said that in 2006 Bowden made an offer on these properties and he drew up a map for asix-lot subdivision on a one-sided cul-de-sac. He discussed these plans with staff at the time and was assured that they were acceptable. He asked the Commissioners to approve the project as presented or make a recommendation to widen the street by five feet to a total of 60 feet. Mr. Eddie Hsieh, a neighbor, said he supports the project and feels it would be good for the neighborhood. Mr. Scott Yang, another neighbor, said he agrees with Mr. Hsieh and supports the project. Chairman Beranek asked if anyone would like to speak in opposition to the project. Mr, David Cheng owns the property to the north of the project site. He said that he had spoken to the developer about adding his property to the project, but they were never able to reach an agreement. Mr. Cheng said he feels that without his property the project will be incomplete and so he is opposed to it. Mr. David Johnson represented Gwen Johnson and the Johnson family. He said he is opposed to the project because he feels the wall on the one-sided cul-de-sac would be unattractive and a magnet for trash and debris. He also wanted to be sure that the city's `historic association with the equine culture would be protected and preserved: Chavman Beranek asked if the applicant would like to speak in rebuttal. Mr. Jong pointed out that the project site is not designated as horse property in the General Plan and that six dwellings are allowed per acre. MOTION: it was moved by Commissioner Parrille, seconded by Commissioner Baderian, to close the public hearing. Without objection the public hearing was closed. Commissioner Baerg said that he is inclined to deny the application because of the one-sided cul-de-sac. He said that he felt the property could be developed without the one-sided cul-de- sac. PC MINUTES 2-10-09 Paga 4 Commissioner Hsu said that he is in favor of the project because it complies with regulations, but that he would ask the applicant to work with staff to reduce the negative aspects of the wall. Chairman Beranek said that he cannot see any basis for denial of the application. MOTION: It was moved by Commissioner Hsu, seconded by Chairman Beranek, to approve Temative Tract Map No. TM 69958. ROLL CALL: AYES: Commissioners Hsu and Beranek NOES: Commissioners Baderian, Baerg and Pamlle MOTION: It was moved by Commissioner Baerg, seconded by Commissioner Pan ille, to deny Tentative Tract Map No, TM 69958. ROLL CALL; AYES: Commissioners Baderian, Baerg and Parrille NOES: Commissioners Hsu and Beranek CONSENT ITEMS 3. TEXT AMENDMENT OS-OS - REVLSION Citywide This is a Revision to Tent Amendment No. TA 08-OS amending the City's Architectural Design Review Regulations as set forth in Sections 9295 et seq. of the Arcadia Municipal Code. 4. RESOLUTION NO. 1789 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 08-I S and a related Parking Modification to expand an existing 1,006 squaze- foot eating establishment into a 1,971 square-foot restaurant with beer and wine service and seating for 33 patrons at 921 S. Baldwin Avenue, Units G & H. 5. RESOLUTION NO. 1790 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 08-19 to revise a previously approved Conditional Use Permit and Parking Modification (CUP 94-01 /Resolution No. 1508) to increase the seating capacity from 8 to 23 persons at an existing 1,376 square-foot eating establishment at 921 S. Baldwin Avenue, Unit A. x hnrrvres z-~aa~ r~~s 6. MINUTES OF JANUARY 27, 2009 MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Baderian, to approve the Revision to Text Amendment No. TA 08-05, adopt Resolutions No. 1789 and 1790 and approve the minutes of January 27, 2009, as presented. Without objection, the Revision to Text Amendment No.TA 08-OS was approved, Resolutions 1789 and 1790 were adopted, and the minutes were approved by voice vote as presented. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Councilman Gary Kovacic said the Mayor's Community Breakfast will be held on March 27 at the Community Center. The program will include Rose Queen Courtney Chou Lee and Dr. Laura Schlesinger. .He said that the City Council approved a new contract with Waste Management that includes aone-day-a-week collection schedule. He said that the Council reviewed the mid-year budget and found that sales tax revenue and temporary occupancy sales tax revenue had been overestimated, resulting in a $2 million deficit, which staff is working to find ways to reduce. Unfortunately, due to budget constraints, the Fourth of July evem has been cancelled. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille said that there was no Modification Committee meeting today. FURTHER MATTERS FROM STAFF Mr. Kasama reviewed a memo on the status of current projects and reminded the Commissioners that the City Council will be joining them for the February 24`~ meeting at the Police Departmem Community Room. He said that more information will follow. ADJOURNED to February 24, 2009, at 6:00 pm at the Arcadia Police Department Community Room 8:25 p.m ~-tJ Chairman, Planning Commission ATTEST: Secret lanning Commission PC MINC17'FS z-~o-ov Page 6