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HomeMy WebLinkAbout3-9-10 (2)MINUTES ARCADIA PLANNING COMMISSION Tuesday, March 9, 2010, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, March 9, 2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman PerriIle 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 Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone 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 t MODIFICATION APPLICATION NO. MC 10 -03 245 W. Walnut Avenue Jean Ni on behalf of the property owner, Jingming Luo Referred by Modification Committee on February 23, 2010 The applicant is requesting a Modification to permit a 796 square -foot attic that has been converted into a third -floor within the existing residence. Assistant Planner, Tim Schwehr, presented the staff report. Commissioner Beranek asked staff to explain why this request does not qualify as an unreasonable hardship. Mr. Schwehr explained that the hardship has to be based on a unique physical characteristic of the property that prevents the owners from enjoying the same rights and privileges as other property owners in this zone. Commissioner Hsu asked how many three story houses are in Arcadia and Mr. Schwehr said that there are none. Commissioner Baerg asked if the applicant was planning to add any bathrooms. Mr. Schwehr said that the applicant is planning to add two bathrooms and one was to be located on the third floor. However, during a routine inspection of the project, the City Building Inspector found the stairway and third floor living area and informed the applicant that he needed to apply for a Modification. Chairman Parri Ile noted that this case was reviewed by the Modification Committee and they found there to be outlets and lighting in the third floor and that there was evidence that it was being used as a living area. Mr. Schwehr pointed out that they also have heating and air conditioning there and the area is carpeted. Commissioner Hsu asked if the third floor bathroom is permitted, would the project comply with city codes. Mr. Schwehr explained that, if approved, a condition would be attached requiring compliance with all city codes. The Public Hearing was opened. Chairman Parri Ile asked if anyone would like to speak in favor of this project. Mr. Low, the homeowner, and his associate, Ginny, said that they would like the stairway to remain. Commissioner Hsu asked Mr. Low if the stairway was there when he bought the house. Mr. Low said that the stairway was installed by the previous owner and it has been there for 20 years. He further noted that the stairway is needed to access the attic and that he has no plans to use the attic as a bedroom even though he applied for a permit to install a bathroom there. He plans to use the area as a loft and is willing to forgo the installation of a bathroom but wants the stairway to remain to allow safe access to the attic. Commissioner ParriIle asked the applicant when the house was purchased and if the previous owner made any disclosure regarding the third floor. Ginny said it was purchased in October of 2009 and that Mr. Low was not informed that there was any problem with the stairway or attic. Commissioner Baderian asked if the applicant still wanted to install a bathroom on the third floor. Ginny said that they are willing to give up their plans for the bathroom but still want to keep the stairway and attic as they are. Commissioner Baderian asked if Mr. Low read the conditions of approval in the staff report and if he is in agreement with them. Ginny said that Mr. Low is not in agreement with the conditions because he would prefer to keep the staircase. The conditions state that at the completion of any future sale, the staircase must be removed but Mr. Low would prefer that it remain in place permanently. Chairman ParriIle asked if anyone wanted to speak in opposition to this project. PC MINUTES 3 -9-10 Page 2 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the Public Hearing. Without objection the motion was approved. Chairman Parri lle said that if the stairway is allowed to remain, the next buyer will also assume that the third floor is livable space and the issue will recur. Commissioner Baderian agreed and noted that Recommendation No. 2 requires restoral of the area to storage space and removal of the staircase. MOTION: It was moved by Commissioner Baderian, seconded by Chairman Parri lle to deny Modification Application No. MC 10 -03. Commissioner Beranek asked if a Covenant could be used to prevent any new owner from using the area as livable space. Mr. Schwehr said that a covenant had been discussed but the city attorney was not asked to prepare one. Commissioner Beranek wished to confirm that a yes vote supports denial of the application. Chairman Parrille said that he is correct. Commissioner Baerg asked if a third story on the building would violate zoning regulations. Mr. Kasama explained that the current height restriction is 30 feet or two stories but when this home was built the height restriction was 35 feet and two stories. The proposed Modification is to allow a height of 35 feet with three stories. ROLL CALL AYES: Baderian, Hsu and Parrille NOES: Baerg and Beranek There is a five working day appeal period after the Planning Coms is for denial and no is for allowmission decision. Appeals to the City Council are to be filed by 5:30 p.m. on Wednesday, March 17, 2010. 2. REVOCATION OF CONDITIONAL USE PERMIT NO. CUP 09 -09 (RESOLUTION NO. 1801) 510 -512 E. Live Oak Ave. (between Hempstead Ave. and Lenore Ave.) Michael Hsiao (designer) Cafe Fusion Consideration of revocation of a Conditional Use Permit granted on October 27, 2009, for a 960 square -foot expansion to an existing 2,040 square -foot restaurant. The status of the permit was reviewed by the Planning Commission on February 9, 2010. Assistant Planner, Tim Schwehr, presented the staff report. Chairman Parrille asked if the Commissioners had any questions for staff. PC MINUTES 3-9-10 Page 3 Commissioner Beranek asked if staff was recommending a continuance. Mr. Schwehr said a continuance should be considered only if the Commission is willing to consider other parking options or allow more time for the property owner to negotiate with his neighbors. Mr. Kasama explained that a continuance would be appropriate only if the applicant wishes to try to renegotiate with the owner of 600 E. Live Oak for parking or if the Commission wants to reconsider allowing parking across the street. He said any other arrangement would require a new Conditional Use Permit. However, if the condition cannot be met, there is no point in having the applicant invest more capital pursuing other improvements and the Commission may consider revocation of the Conditional Use Permit. Chairman Parrille asked if the restaurant can continue operating if the Conditional Use Permit is revoked. Mr. Kasama explained that the older part of the restaurant can continue to operate. Commissioner Hsu asked if staff had recently assessed the parking situation at Cafe Fusion. Mr. Kasama said that staff noticed that there has been less parking demand at the restaurant and that, overall, it appears that the business at all the restaurants in the area is down. The public hearing was opened. Chairman Parrille asked if anyone from Cafe Fusion would like to address the Commission. Mr. Chen, the applicant, said that he has been struggling to get the parking issues resolved for a long time. He spoke to the owner at 529, 610 and 6189 E. Live Oak and they are all willing to lease space to him on a monthly basis but they are reluctant to enter into a Covenant. He said he would like more time to pursue this option. Chairman Parrille asked if there was anyone else who would like to address the Commission on this item. None MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to close the Public Hearing. Without objection the motion was approved. Commissioner Baderian pointed out that the Commission has indicated any parking across the street would not be acceptable for safety reasons. Further, the applicant was unable to persuade the nearby property owners on the same side of the street, to enter into a Covenant that would allow him to use their parking Tots. Therefore, Commissioner Baderian reasoned, there doesn't seem to be any alternative but to revoke the Conditional Use Permit based on the fact that parking for the current use of the facility is not adequate. PC MINUTES 3-9-10 Page 4 Commissioner Hsu noted that the owner tried to secure a Covenant but the other property owners had concerns about the consequences of this type of agreement. He suggested allowing the applicant more time to seek their cooperation. Chairman Parrille suggested a continuance to April 13, 2010. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg to continue the consideration of the Revocation of Conditional Use Permit No. CUP 09 -09 (Resolution No. 1801) to April 27, 2010. Commissioner Baderian asked if a revocation would require all equipment to be removed. Mr. Kasama confirmed that the equipment would have to be removed. Commissioner Beranek pointed out that it's been almost a year since these issues surfaced and there has been no real progress towards resolving them. Chairman Parrille suggested amending the motion to state that no further continuance will be allowed after April 27, 2010. ROLL CALL: AYES: Commissioners Baerg, Hsu, and Parrille NOES: Beranek and Baderian 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 3. RESOLUTION 1813 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 10 -01 to operate a tutoring center with up to 80 students within 4,313 square -feet of existing office space on the second -floor of the commercial shopping center at 1135 W. Huntington Drive. There is a five working -day appeal period after the adoption of the Resolution. 4. RESOLUTION 1814 A Resolution of the Planning Commission of the City of Arcadia, California, approving Tentative Parcel Map No. TPM 09 -08 (71182) and the renewal of Residential- Mountainous Development Permit No. RM 07 -01 for the subdivision and development of an approximately 90 -acre property generally located north of the terminus of Vista Avenue and north and northwest of Canyon Road. PC MINUTES 3-9-10 Page 5 5. MINUTES OF FEBRUARY 23, 2010 MOTION: It was moved by Commissioner Baderian seconded by Commissioner Beranek, to adopt Resolution 1813 and Resolution 1814 and to approve the minutes of February 23, 2010 as presented. Without objection the motion was approved. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS Chairman Parrille reported that the Modification Committee approved Modification No. MC 10 -02 for a reduced side yard setback to accommodate air conditioning units under the condition that the applicant will use new, quieter units, encased in special blankets to reduce noise. MATTERS FROM STAFF ADJOURNED to April 27, 2010 7:40 p.m. ATTEST: Ms. Kasama briefly reviewed the upcoming projects for consideration by the Commission. Since there are no cases scheduled for March 23 and the City election will be held on April 13, he suggested adjourning the meeting to April 27, 2010. S ry, Planning Commission lanning Commission PC MINUTES 3-9 -10 Page 6