HomeMy WebLinkAbout4-27-10MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, April 27, 2010, 7:00 P.M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, April 27,
2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive
with Vice Chairman Hsu presiding.
PLEDGE OF ALLEGIANCE
ROLL CALL:
PRESENT: Commissioners Baderian, Baerg, Beranek and Hsu
ABSENT: Commissioner Parrille
It was moved by Commissioner Baderian and seconded by Commissioner Beranek to
excuse Chairman Parrille from the meeting. Without objection, the motion was passed.
OTHERS ATTENDING
Deputy Development Services Director /City Engineer, Phil Wray
Community Development Administrator, Jim Kasama
Senior Planer, Lisa Flores
Associate Planner, Tom Li
Assistant Planner, Tim Schwehr
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
Copies of a letter from Dr. and Mrs. Clarizio regarding Item 1 and copies of a letter from
Mr. Pachano regarding Item 3 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. MODIFICATION APPLICATION NO. MC 09 -35 APPEAL OF MODIFICATION
COMMITTEE DENIAL
1412 Orlando Drive
Dino and Hope Clarizio
This is an appeal to reconsider the Modification Committee's decision on denying a
Modification to replace the existing 5' -0" high wood fence with a new 6' -0" high wood fence
above the existing retaining wall that increases the overall height from 9' -7" to 10' -7 This
will exceed the maximum permitted height of 6' -0" (AMC Sec. 9251.2.13.3).
Senior Planner, Lisa Flores, presented the staff report.
The Public Hearing was opened.
Vice Chairman Hsu asked if anyone would like to speak in favor of this project.
Dr. Clarizio, property owner, said that his father built the residence approximately 50 years
ago and the fence has been replaced several times since then. He said that he is seeking
approval to retain the current six -foot high fence because the added height provides extra
safety in the pool area, provides more security for their dog and is aesthetically pleasing.
Dr. Clarizio confirmed that because the fence is set atop a retaining wall, there is a ten -foot
drop from the top of the fence on his neighbor's side. He said he spoke to his neighbor,
Mrs. Reeder, about the possibility of building a two -sided fence, but at that time, she was
unwilling to share in the expense. He noted that all his other neighbors have approved the
fence as it currently stands. He said that if he is required to reduce the fence height to 5
feet, not only will he incur additional costs, but the effectiveness of the fence will be
diminished. Dr. Clarizio also noted that he and Mrs. Clarizio did not attend the April 13
Modification Committee meeting because they did not receive notice of the meeting.
Mrs. Clarizio, property owner, said that their Homeowners' Association has approved the
fence, which is now level and uniform. She pointed out that cutting the fence down to five
feet would not present an attractive appearance.
Commissioner Baderian asked if the Homeowners' Association (HOA) granted approval for
the fence initially. Mrs. Clarizio confirmed that the HOA approved the fence project both
times it was presented to them.
Mr. Mike Fortenese, a general contractor, said that to reduce the fence height will cost
approximately $1200 and would result in a non uniform appearance.
Vice Chairman Hsu asked if anyone wanted to speak in opposition to this project.
Mr. Bob Reeder, said that he shares the property line that the fence is on with the Clarizios.
He said that regulations call for a five -foot fence around a pool and that the fence is to be
measured from the exterior, from grade level, and on his side of the property it is now about
10.5 feet, exceeding the five -foot requirement by another five- and -a -half feet. Mr. Reeder
pointed out that the fence was built without a permit and is non conforming. According to
Code, when a six -foot high fence is on top of a retaining wall, the fence is to setback 6 feet
from the retaining wall. He pointed out that the Modification Committee denied this
application and that staff is currently recommending denial of the appeal. He asked the
Planning Commission to deny the appeal as well.
Commissioner Baerg asked if the height of the retaining wall is included in the overall height
of the fence. Mr. Reeder confirmed that it is.
Vice Chairman Hsu asked if the applicant would like to speak in rebuttal.
Mrs. Clarizio pointed out that the fence borders the pool which was built with permits and
includes a rock waterfall. She stated that it is not possible to move the fence because of the
pool and waterfall. Dr. Clarizio said that removal of the fence leaving only the retaining wall
would present a safety issue on his side of the property line and would not make sense.
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Vice Chairman Hsu asked Senior Planner, Ms. Flores, if placing the five -foot fence above
the retaining wall is permitted. Ms. Flores confirmed that it is.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the
Public Hearing. Without objection the motion was approved.
Commissioner Baderian said that any decision should be based on safety considerations
and code requirements and that he is not sure if a difference of one -foot is significant.
Commissioner Baerg pointed out that the unique topography of the lot justifies the present
height of the fence. He suggested that it is a greater concern that the fence is unfinished on
the neighbor's side.
Vice Chairman Hsu noted that approval could include a condition that the applicant have the
neighbor's side of the fence finished.
Commissioner Beranek said that the code doesn't always provide a specific answer for
every situation and at those times the Commission must determine the best solution.
MOTION:
It was moved by Commissioner Baerg, seconded by Commissioner Baderian to approve
the appeal of the Modification Committee Denial of Modification Application No. MC 09 -35.
ROLL CALL
AYES: Baderian, Baerg, Beranek and Hsu
NOES: None
ABSENT: Parrille
There is a five working day appeal period after the approval /denial of the appeal. Appeals
are to be filed by 5:30 p. m. on Tuesday, May 4
2. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 10 -02
1163 Encanto Drive
Warren Cross, representative from Western Roofing Systems on behalf of the property
owner, Ms. Terry Traver
This is an appeal of the Rancho Santa Anita (Lower Rancho) Homeowners' Association's
Architectural Design Review Board decision denying a Metro Shake 1I, Weathered Timber,
stone coated steel roof material at the subject residence.
Senior Planner, Lisa Flores, presented the staff report.
The public hearing was opened.
Vice Chairman Hsu asked if anyone would like to speak in favor of this project.
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Mr. Warren Cross of Western Roofing, a roofing contractor, said that he has addressed the
Commission on this subject several times in the past and wanted to briefly review the
benefits of a metal roof, i.e., they are energy efficient, Tight- weight, fire safe, etc. He pointed
out that the County's building on Baldwin Avenue has a stone coated steel roof.
Vice Chairman Hsu asked if anyone wanted to speak in opposition to this 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 Beranek to approve
Homeowners' Association Appeal No. HOA 10 -02.
ROLL CALL:
AYES: Baderian, Baerg, Beranek and Hsu
NOES: None
ABSENT: Parrille
There is a five working day appeal period after the approval /denial of the appeal. Appeals
are to be filed by 5:30 p.m. on Tuesday, May 4.
3. ADMINISTRATIVE SINGLE FAMILY DESIGN REVIEW NO. ADMIN. SF ADR 10 -28
215 W. Naomi Avenue
Fausto G. Pachano (Property Owner)
The applicant is requesting an Administrative Single Family Design Review for a 270
square -foot front porch cover and the replacement of two patio covers (84 square feet and
128 square feet) at the rear of the existing single -story, single family residence.
Associate Planner, Tom Li, presented the staff report.
The public hearing was opened.
Vice Chairman Hsu asked if anyone would like to speak in favor of this project.
Mr. Fausto Pachano, the property owner, referred the Commissioners to his letter which was
distributed to them at the start of the meeting. Mr. Pachano said that he is a retired school
teacher who has lived in Arcadia since 1978. He described his strong association with the
city and said that he hopes to live out his life here. He said he is requesting approval of his
remodel plan because he feels it will enhance the appearance of his property. Mr. Pachano
showed the Commissioners pictures of other homes in the area where similar columns were
used and said that his neighbors are in favor of the project.
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Commissioner Baderian asked Mr. Pachano why he did not contact the City before he
began building, and Mr. Pachano said that he actually did contact the City about two years
ago and was told that no permit was required to replace a patio. Commissioner Baderian
explained that it was assumed that Mr. Pachano would be replacing the patio with the same
materials. He also explained that there was no objection to the structural plans. The
objection was to the design and to the fact that the City was not notified.
Mr. Pachano said he failed to inform the City about the columns and that he thought the
design was beautiful. He said that the design is not out of place in the neighborhood as
shown in the pictures other homes in the area that he showed to the Commissioners for their
review. He said that he received many favorable comments from his neighbors on the
project.
Vice Chairman Hsu asked if anyone wanted to speak in opposition to this project.
There were none.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to close the
Public Hearing. Without objection the motion was approved.
Commissioner Baerg said that he drove by the site and that he felt the photos did not
adequately convey the incongruity of the design.
Commissioner Beranek noted that the new patios did not blend with the theme of the house.
Vice Chairman Hsu said that the added feature does not appear to be an integral part of the
existing structure.
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baderian to deny
Administrative Single- Family Design Review No. Admin. SF ADR 10 -28.
ROLL CALL:
AYES: Baderian, Baerg, Beranek and Hsu
NOES: None
ABSENT: Parrille
There is a five working day appeal period after the approval/denial of the application.
Appeals are to be filed by 5:30 p.m. on Tuesday, May 4.
4. 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
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permit was reviewed by the Planning Commission on February 9, 2010 and again on March
9, 2010.
Assistant Planner, Tim Schwehr, presented the staff report.
Vice Chairman Hsu asked if the Commissioners had any questions for staff.
Commissioner Baderian asked Mr. Schwehr if the applicant would be able to comply with all
conditions by May 27 and Mr. Schwehr indicated that he felt they would.
Vice Chairman Hsu asked if the applicant had submitted all necessary documents to staff
and Mr. Schwehr reported that they had. Mr. Schwehr explained that they are only waiting
for the Covenant which is currently being processed in the City Attomey's office.
Vice Chairman Hsu asked for clarification of the next step in the revocation process.
Mr.Kasama explained that unless all conditions are satisfied by May 27, the Conditional Use
Permit will automatically be revoked and no further hearing will be required.
Commissioner Baerg asked if the applicant understood the implications if the neighboring
property owner were to back out of the parking agreement. Mr. Schwehr confirmed the
applicant's understanding that termination of the parking agreement would automatically
terminate the Conditional Use Permit. If that were to happen the applicant could revert back
to the original restaurant and would have to apply for a new CUP for additional parking at
another location in order to use the expansion area.
The public hearing was opened.
Vice Chairman Hsu asked if anyone from Cafe Fusion would like to address the
Commission.
Mr. Arthur Chen, from Cafe Fusion, thanked the Commissioners and staff for their efforts in
resolving all the issues and for reviewing the application so many times.
Vice Chairman Hsu asked if there was anyone else who would like to address the
Commission on this item.
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 Beranek, seconded by Commissioner Baderian to approve
Revocation of Conditional Use Permit No. CUP 09 -09 (Resolution No. 1801) if all conditions
are not satisfactorily fulfilled by May 27, 2010.
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ROLL CALL:
AYES: Baderian, Baerg, Beranek and Hsu
NOES: None
ABSENT: Parrille
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.
5. CONDITIONAL USE PERMIT NO. CUP 10 -02
400 N. Santa Anita Avenue, Suite 102
Lauren Bolley Hinds
The applicant is requesting a Conditional Use Permit to operate an 800 square -foot art
studio with up to 10 students within a two -story, commercial office building.
Assistant Planner, Tim Schwehr, presented the staff report.
The public hearing was opened.
Commissioner Baderian asked about the pick -up and drop -off area for students and Mr.
Schwehr said they would use the parking lot or adjacent street. He explained that this will
be a part-time operation with only one class at a time.
Vice Chairman Hsu asked if anyone would like to speak in favor of this project.
Ms. Lauren Hinds, the applicant, said that she has lived in Arcadia most of her life and liked
the idea of staying within the community. She said that she plans to rent the rest of the
building as professional offices.
Commissioner Baderian asked Ms. Hinds if she had read the staff report and was willing to
comply with all conditions of approval. Ms. Hinds confirmed that she'd read the staff report
and agreed to comply with all conditions.
Vice Chairman Hsu asked if anyone wanted to speak in opposition to this project.
There were none.
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baerg, to close the
Public Hearing. Without objection the motion was approved.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek to approve
Conditional Use Permit No. CUP 10 -02.
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ROLL CALL:
AYES: Baderian, Baerg, Beranek and Hsu
NOES: None
ABSENT: Parrille
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.
6. UPDATE OF LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Citywide
The Planning Commission considered the proposed Update of Local Guidelines for
Implementing the Califomia Environmental Quality Act (CEQA) in order to make a
recommendation to the City Council.
Associate Planner, Tom Li, presented the staff report.
Commissioner Baderian noted that adoption of these guidelines will impact the
environmental report on the General Plan Update.
Vice Chairman Hsu asked if the Commissioners had any questions or comments.
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 Beranek, seconded by Commissioner Baderian to
recommend adoption of the Guidelines to the City Council.
ROLL CALL:
AYES: Baderian, Baerg, Beranek and Hsu
NOES: None
ABSENT: Parrille
The recommendations and comments of the Planning Commission will be forwarded to the
City Council for their consideration.
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CONSENT ITEMS
7. MINUTES OF MARCH 9, 2010
MOTION:
It was moved by Commissioner Baderian seconded by Commissioner Beranek, to approve
the minutes of March 9, 2010 as presented. Without objection the motion was approved.
MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION
Commissioner Baderian asked if a new Liaison from the City Council had been selected
yet, and Mr. Kasama said an announcement had not yet been made.
MODIFICATION COMMITTEE MEETING ACTIONS
Vice Chairman Hsu reported that the Modification Committee approved three items, which
included the replacement of a gazebo on tulip Lane, a semi circular driveway on Highland
Oaks and an enclosure of a second floor deck at a condominium on Fairview Avenue.
One item, for off -site parking, was referred to the Planning Commission, for their
consideration at their May 11 meeting.
MATTERS FROM STAFF
Mr. Kasama briefly reviewed the upcoming projects for consideration by the Commission
which included the Modification mentioned by Vice- Chairman Hsu and an affordable senior
housing project on Campus Drive next to the high school athletic field.
ADJOURNED 8:30 p.m.
ATTEST:
Se!ry, anning Commissi
C a Planning Commission
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