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HomeMy WebLinkAbout3-9-10MINUTES ARCADIA PLANNING COMMISSION Tuesday, February 23, 2010, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, February 23, 2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Parrille presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille ABSENT: None OTHERS ATTENDING Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Senior Planner, Lisa Flores Associate Planner, Tom Li Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS A copy of an e-mail message from a resident in opposition to Item 3 and a revised operating schedule for the tutoring center in Item 2 were distributed to each Commissioner. 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. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 10 -01 1911 Alta Oaks Drive Dennis and Rowena Dureg (Homeowners) Paul and Sue Sivas (Appellants) Curtis and Beth Kerrick (Appellants) Tracy and Terry Totten (Appellants) Patricia Wood (Appellant) This is an appeal of the Highland Oaks Homeowners' Association's Architectural Design Review Board approval of a 1,026 square -foot, second -story addition to the existing 2,300 square -foot, one story residence. Senior Planner, Lisa Flores, presented the staff report. The Public Hearing was opened. Chairman Parrille asked if the homeowner, or anyone else who is in favor of the project would like to address the Commission. There were none. Chairman Parrille asked if anyone wanted to speak in favor of the appeal, that is, against the project. Mr. Curtis Kerrick said that he is the neighbor directly to the south of the project site. He said that he and his wife purchased their home because they were attracted to the open views and spacious character of the neighborhood. Mr. Kerrick pointed out that the neighborhood is made up of single -story, ranch style homes and he feels that the proposed second story addition will change the complexion of the area and diminish the pool of potential buyers of property in the neighborhood. Mrs. Beth Kerrick said that her family chose to purchase their home in this area because they loved the extensive landscaping with the homes nestled in among lots of greenery. She believes that the proposed addition to the neighbor's house will loom over her property and create a closed in feeling. Mrs. Kerrick said she is mainly concerned with the loss of the forest -like character of the neighborhood. Mr. Paul Sivas said he has lived to the south of the project site for about 35 years. He said that he can see the bottom of the Dureg chimney from his property; not the top as depicted in the diagram. He expressed his disappointment that one resident can impose his will on his neighbors, thus changing the character of his neighbor's property. Chairman Parrille asked if anyone from the Homeowners' Association or Architectural Review Board wanted to speak on this item. Mr. Ralph Bicker, Chairman of the Architectural Review Board of the Highland Homeowners' Association, explained that in the past, he was advised by the City Attorney that the HOA did not have the authority to deny a project based on possible interference with another neighbor's view or because it was a two -story structure. He said he sympathized with the appellants, but felt that there was no justification for the HOA to deny the application. Mr. Bicker offered to answer any questions the Commissioners might have. Commissioner Beranek asked Mr. Bicker if he had been in the Sivas' backyard and if he could see the top or the bottom of the chimney. Mr. Bicker said that he had visited the Sivas' backyard and he felt that they would not see anything much below the eaves of the second story. Mr. Sivas presented a photo of the project site taken from his backyard. Chairman Parrille asked if anyone wanted to speak in rebuttal. PC MINUTES 2 -23-10 Page 2 Mr. Craig Stoddard, the architect for the owners, said that when he became aware of the objections to the project, he went to the Sivas' house and found that from the backyard, only the top of the chimney at the project site was visible over the existing hedge. He noted that his clients, the Duregs, offered to install another hedge in the Sivas' backyard. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the Public Hearing. Without objection the motion was approved. Commissioner Beranek said that he read all the material provided and visited the neighborhood. While there, he saw several two-story houses. Therefore, he felt that as long as the applicants abide by all applicable regulations and there is no objection to the design pattern, there is no basis to approve the appeal. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu to deny Homeowners' Association Appeal No. HOA 10 -01. ROLL CALL: AYES: Beranek, Hsu and Parrille NOES: Baderian and Baerg There is a five working day appeal period after the Planning Commission decision. Appeals to the City Council are to be filed by 5:30 p.m. on Wednesday, March 3, 2010. NOTE: At the request of the applicant, item 2 was moved to the end of the Public Hearings section of the agenda. 3. TENTATIVE PARCEL MAP NO. TPM 09 -08 (71182) AND RESIDENTIAL MOUNTAINOUS PERMIT NO. RM 07 -01 This site is an approximately 90 -acre property generally located north of the terminus of Vista Avenue and north and northwest of Canyon Road extending east to the boundary of Wildemess Park. The area to be developed is on the west side of Canyon Road between 2109 and 2127 Canyon Road Hank Jong of EGL Associates, Inc. (Engineer) The applicant is requesting the Tentative Parcel Map for a two parcel subdivision and renewal of a Residential Mountainous Permit for the grading of proposed Parcels 1 and 2. Parcel 1 would be developed with a two -story, 5,490 square -foot residence, and Parcel 2 would be developed with a two -story, 5,110 square -foot residence. The grading to accommodate the proposed developments would involve approximately 5,000 cubic -yards of cut and 40 cubic -yards of fill. Associate Planner, Tom Li, presented the staff report. Commissioner Hsu asked if erosion was a concern on this project. Mr. Li said that it was taken into consideration when the grading plan was approved. PC MINUTES 2 -23-10 Page 3 Commissioner Hsu asked what safeguards would be taken to avoid landslides. City Engineer, Mr. Wray said that in accordance with the proposed plan, grading will only take place around the pad with retaining walls and drainage swales installed to protect the hillside. Commissioner Baderian asked if the increased truck traffic will have any significant impact on Santa Anita Avenue. Mr. Wray said that no significant impact is expected as Santa Anita Avenue is designed for heavy use. Commissioner Baderian asked if the restrictions could be applied to truck traffic near Highland Oaks School to avoid interfering with student pick up and drop off. Mr. Wray said that there are requirements in place to protect the student traffic. The public hearing was opened. Chairman Parrille asked if anyone wanted to speak in favor of the project. Mr. Hank Jong, the civil engineer for the project, said that the applicant is willing to comply with all conditions of approval and that he would be pleased to answer the Commissioners' questions. Commissioner Beranek asked if the two houses would be placed side by side or separated. Mr. Jong said that they would be separated. Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Beranek, to close the Public Hearing. Without objection the motion was approved. Commissioner Baderian asked if the city still required a $200,000 non refundable deposit from the applicant for hillside maintenance. Mr. Kasama explained that the deposit is no longer required because the future property owners will be responsible for the maintenance of their property as is normally the case. Commissioner Baderian asked the Commissioners for their thoughts concerning truck movement up and down Santa Anita Avenue. Chairman Parrille agreed that measures should be taken to protect student traffic at Highland Oaks School. Mr. Kasama explained that mitigation measure 4.3 addresses this issue and would apply any time students are coming and going in the school area. He said that the wording would be amended to have the contractor accommodate the school's academic schedule. Commissioner Baderian recommended that restricted hours for heavy truck traffic should be coordinated with the school district calendar for Highland Oaks to avoid all times when students are traveling to and from school, including when minimum days and other events are scheduled. PC MINUTES 2 -23-10 Page 4 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Baerg to approve Tentative Parcel Map No. TPM 09 -08 (71182), renew Residential Mountainous Permit No. RM 07 -01 and adopt the Mitigated Negative Declaration, subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. 4. ZONE CHANGE NO. ZC 09 -01 728 W. Huntington Dr. Charles Huang, Dexter Huntington, LLC The applicant is requesting to change the zone of the subject property from C -2 D (General Commercial with Design Overlay) to R -3 (Multiple Family) to make it consistent with the General Plan land use designation of Multiple Family Residential at a density of 24 dwelling units per acre. Senior Planner, Lisa Flores, presented the staff report. The Public Hearing was opened. Chairman Parrille asked if anyone wanted to speak in favor of the project. There were none. Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to convey a recommendation for approval to the City Council on Zone Change No. ZC 09 -01. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None PC MINUTES 2 -23 -10 Page 5 The Planning Commission's decision and comments will be forwarded for the City Council's consideration at a public hearing NOTE: At the request of the applicant, item 2 was moved to the end of the Public Hearings section of the agenda. 2. CONDITIONAL USE PERMIT NO. CUP 10 -01 1135 W. Huntington Drive Elite of Arcadia, Inc. The applicant is requesting a Conditional Use Permit to operate a tutoring center with up to 80 students within 4,313 square -feet of existing office space on the second floor of an existing commercial shopping center. Assistant Planner, Tim Schwehr, presented the staff report. Commissioner Baderian asked if the parking requirements approved in 2002 included usage by Ralphs Market and other tenants in the center. Mr. Schwehr explained that the parking requirements for banks have been reduced since then but that the parking requirements in 2002 included usage by Ralphs, Power Prep Tutoring Center, the other retail businesses, and the two banks. Commissioner Baderian asked if parking would be impacted with the addition of this business. Mr. Schwehr said that the total requirement will remain 337 spaces so there will not be an impact. Commissioner Hsu asked Mr. Schwehr if he had visited the site and Mr. Schwehr explained that he had and that he found the parking lot to be very underutilized. In fact, he stated that Tess than half the spaces were in use. Mr. Kasama explained that the requirements for banks have changed over the years because they do not have as much walk -in traffic as in the past. The Public Hearing was opened. Chairman Parrille asked if anyone wanted to speak in favor of the project. Ms. Karen Hwang, representing Elite of Arcadia, Inc., said that the applicant had no objections to the conditions of approval and offered to answer questions. Chairman Parrille asked if anyone wanted to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to close the Public Hearing. Without objection the motion was approved. PC MINUTES 2 -23-10 Page 6 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve Conditional Use Permit No. CUP 10 -01, subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. CONSENT ITEMS 5. MINUTES OF FEBRUARY 9, 2010 MOTION: It was moved by Commissioner Hsu seconded by Commissioner Baderian, to approve the minutes of February 9, 2010 as presented. Without objection the motion was approved. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS Chairman Parrille reported that two items were presented at the Modification Committee meeting today. MC 10 -02 was for reduced side yard setbacks to accommodate air conditioning equipment. This item was continued. The other item, MC 10 -03, was for legalization of an existing stairway to an attic. This item was referred to the Planning Commission. MATTERS FROM STAFF ADJOURNED ATTEST: Ms. Kasama briefly reviewed the upcoming projects for consideration by the Commission on March 9 including a revocation of the Conditional Use Permit for Cafe Fusion, a Design Review for a building at Baldwin Plaza and the referral from the Modification Committee on legalization of the stairway attic. S 'etary, Planning Commission t ai g Commission PC MINUTES 2 -23-10 Page 7