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HomeMy WebLinkAbout4-12-11PLEDGE OF ALLEGIANCE ROLL CALL SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON- PUBLIC HEARING ITEMS — 5 minute time limit per person. PUBLIC HEARINGS All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. PLANNING COMMISSION ITEMS ARCADIA PLANNING COMMISSION AGENDA Tuesday, April 12, 2011, 7:00 P.M. Arcadia City Council Chambers 1. MODIFICATION NO. MP 10-06 & ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -16 137 Califomia St. Michael Chen The applicant is requesting a Zoning Modification and Architectural Design Review approval to allow an addition to a legal non - conforming four -unit multi- family development with six (6) parking spaces for the residents in lieu of eight (8) required, and no (0) guest parking spaces in lieu of two required to replace the existing, one -story, 776 square -foot, detached front residential unit with a two -story, 1,932 square -foot, detached residential unit with an attached 432 square -foot, two -car garage. RECOMMENDATION: Conditional Approval There is a five (5) working day appeal period after the approval /denial of the applications. Appeals are to be filed by 5:30 p.m. on Tuesday, April 19, 2010. 2. CONDITIONAL USE PERMIT NO. CUP 10 -17, AND ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -19, AND TEXT AMENDMENT NO. TA 10-04 701 W. Huntington Dr. Joseph Karaki, designer /engineer on behalf of property owner, Hamid Kianipur Any writings or documents provided to a majority of Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 4 -12 -11 The applicant is requesting a Conditional Use Permit, Architectural Design Review approval, and a Text Amendment to convert an existing service station into a fueling station with a convenience store and a drive - through carwash. RECOMMENDATION: Conditional approval 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 ITEM 3. RESOLUTION NO. 1832 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 10 -18 for a day spa expansion at 70 and 72 West Live Oak Avenue. RECOMMENDATION: Adopt 4. RESOLUTION NO. 1833 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 10 -19, Tentative Tract Map No. 71478, Architectural Design Review No. ADR 10 -18 and denial of Modification No. MC 10 -35 for the expansion of the existing office building and subdivision of the building into commercial office condominiums at 650 West Huntington Drive. RECOMMENDATION: Adopt 5. RESOLUTION NO. 1834 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 11 -01 and Architectural Design Review No. ADR 11 -01 for an unmanned wireless communications facility at Camino Grove Park — 1410 S. Sixth Avenue. RECOM MENDATION: Adopt 6. MINUTES OF MARCH 22, 2011 RECOMMENDATION: Approve MATTERS FROM CITY COUNCIL & PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF & UPCOMING AGENDA ITEMS ADJOURN MENT Any writings or documents provided to a majority of Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 4 -12 -11 PLANNING COMMISSION Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the Planning Services Department at (626) 574- 5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Public Hearing Procedure 1. The public hearing item is introduced by the Chairman of the Planning Commission. 2. The staff report is presented by staff. 3. Commissioners' questions relating to the staff report may be asked and answered at this time. 4. The Public Hearing is opened by the Chairman and the applicant is afforded the first opportunity to address the Commission. 5. Others in favor of the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 6. Those in opposition to the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 7. The applicant may be afforded the opportunity for a brief rebuttal. (LIMITED TO 5 MINUTES) 8. The Commission closes the public hearing. 9. The Commission members may discuss the proposal at this time. 10. The Commission then makes a motion and acts on the proposal to either approve, approve with conditions or modifications, deny, or continue it to a specific date. 11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting the decision of the Planning Commission is prepared for adoption by the Commission. This is usually presented at the next Planning Commission meeting. There is a five (5) working day appeal period after the adoption of the resolution. 12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working day appeal period. 13. Following the Commission's review of Zone Changes, Text Amendments and General Plan Amendments, the Commission's comments and recommendations are forwarded to the City Council for the Council's consideration at a scheduled public hearing. 14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions) there is a ten (10) calendar day appeal period. Any writings or documents provided to a majority of Planning Commission members regarding any item on this agenda will be made available for public inspection in the Community Development Division offices at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574-5423. PC AGENDA 4 -12 -11 April 12, 2011 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Modification Application No. MP 10 -06 and Architectural Design Review No. ADR 10 -16 to allow an addition to a legal- nonconforming, four -unit, multi - family residential development at 137 California Street. SUMMARY Mr. Michael Chen submitted Modification Application No. MP 10 -06 and Architectural Design Review No. ADR 10 -16 to allow an addition to a legal - nonconforming, four (4) unit, multi - family residential development with six (6) parking spaces for the residents in lieu of eight (8) required, and no (0) guest parking spaces in lieu of two (2) required to replace the existing, one -story, 776 square -foot, detached front residence with a two -story, 1,932 square -foot, detached residence with an attached 432 square -foot, two -car garage at 137 California Street. It is staff's opinion that the project will secure an appropriate improvement and enhance the appearance of the subject property and will not adversely impact the neighboring properties. The Development Services Department is recommending approval of the proposed project, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Mr. Michael Chen LOCATION: 137 California Street STAFF REPORT Development Services Department REQUEST: Approval of Modifications and Architectural Design Review to allow the replacement of the existing, one -story, 776 square -foot, detached, front residence with a two -story, 1,932 square -foot, detached residence with an attached, 432 square -foot, two -car garage at a legal- nonconforming, four -unit, multi - family residential development with six (6) parking spaces for the residents in lieu of eight (8) required, and no (0) guest parking spaces in lieu of two (2) required at 137 California Street. SITE AREA: 8,000 square feet (0.18 acres) FRONTAGE: 50 feet along California Street with a 20 -foot wide alley at the rear EXISTING LAND USE & ZONING: The site is improved with a one -story, 776 square -foot, detached, front residence built in 1925, and a two -story, 2,982 square -foot, triplex that is attached to four, one -car garages built in 1962. The property is zoned R -3, High- Density Multiple - Family Residential. SURROUNDING LAND USES & ZONING: North: 10 -unit residential complex zoned R -3 South: Single- family residence zoned R -3 East: 8 -unit residential complex zoned R -3 West: "8 -unit residential complex zoned R -3 GENERAL PLAN DESIGNATION: High- Density Residential —12 to 30 units per acre PUBLIC HEARING NOTIFICATION Public hearing notices of Modification Application No. MP 10 -06 and Architectural Design Review Application No. ADR 10 -16 were mailed on April 1, 2011 to the property owners and tenants of those properties that are within 100 feet of the subject property — see the attached radius map. Because the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. BACKGROUND INFORMATION The subject property is presently improved with a 776 square -foot, one -story, detached residence at the front of the property constructed in 1926, and a 2,982 square -foot, two -story triplex that is attached to four, one -car garages at the rear of the property. The triplex was constructed in 1962. There are no prior Modifications or other discretionary approvals for this property. The existing improvements are considered legal- nonconforming because they were built in accordance with the zoning requirements at that time, but do not meet the current zoning requirements. The Arcadia Municipal Code in Section 9255.1.5 of the R -3 regulations requires that any addition to an R -3 property include the elimination of any nonconforming situations unless they are approved through a Modification. Application No. MP 10- 06 is to request approval of the following Modifications for the existing triplex. The proposed detached residence complies with all current zoning requirements. • A 9' -0" rear yard setback in lieu of 10' -0" required; • A 6' -0" west side yard setback in lieu of 10' -0" required; MP10 -06 & ADR10 - 16 137 California Street April 12, 2011— page 2 • No adjacent private open space in lieu of the required 100 square -feet of contiguous private open space for each dwelling unit; and • No laundry facilities in lieu of one common laundry room required. PROPOSAL AND ANALYSIS The applicant is proposing to demolish the existing 776 square -foot front residence, and replace it with a two -story, 1,932 square -foot, detached residence with an attached 432 square -foot, two -car garage. A new driveway and new landscaping are also proposed for the front of the property. The rear triplex and four, one -car garages will remain and be repainted to match the new, front residence. There is an existing parking deficiency of four (4) resident parking spaces in lieu of eight (8) required, and no (0) guest parking spaces in lieu of two (2) required. With the new, front residence and two -car garage, the parking deficiency will be decreased to six (6) resident parking spaces in lieu of eight (8) required. No (0) guest parking spaces are proposed. There is an existing unpermitted parking space striped in front of the garages that will be removed. As a condition of approval, staff recommends adding one guest parking space along the east side of the property adjacent to the triplex entrance. With the new garage and guest parking space, there will be a net gain of three (3) on -site parking spaces. Staff is also recommending as a condition of approval that the 15 -foot wide paved asphalt area between the triplex and proposed front residence be replaced with landscaping. The apartment complex currently has no trash enclosure. The applicant is proposing a new trash enclosure at the rear of the triplex. To accommodate the trash enclosure, the applicant is requesting a Modification for a zero rear yard setback for the trash enclosure in lieu of 10 -feet required. The zero setback should not impact the adjacent properties as this property backs up to a 20 -foot wide alley. The architectural style of the proposed new front residence is Mediterranean. The detailing has been kept relatively simple in order to not contrast too sharply with the existing triplex, which is a simple, stucco - finished building. The concrete -tile roof of the new residence will match the color of the roof on the triplex, and the triplex will be repainted to match the color scheme of the new front residence. It is staffs opinion that the architectural design is consistent with City's Multi - Family Residential Design Guidelines, and that approval of the Modifications would provide for an appropriate improvement of the property and the neighborhood. CODE REQUIREMENTS All • City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and parking and site design are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. MP10 - & ADR10 -16 137 California Street April 12, 2011— page 3 CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined that no significant physical alterations to the site are necessary, then this project, as a multi - family residential development totaling less than six (6) units is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(b) of the CEQA Guidelines. A Preliminary Exemption Assessment is attached to this staff report. RECOMMENDATION The Development Services Department recommends approval of Modification No. MP 10 -06 and Architectural Design Review Application No. ADR 10 -16, subject to the following conditions: 1. One (1) guest parking space shall be added along the east side property line adjacent to the triplex entrance. The specific location shall be subject to the approval of the Development Services Director or designee. 2. The final building plans shall include new landscaping between the proposed front residence and existing triplex. The additional landscaping shall be subject to the approval of the Development Services Director or designee. 3. All City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right -of -way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures shall be complied with to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director and Development Services Director. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval. 4. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own MP10 -06 & ADR10 -16 137 California Street April 12, 2011— page 4 If the Planning Commission intends to approve the project, the Commission should move to approve Modification No. MP 10 -06 and Architectural Design Review No. ADR 10 -16, subject to the conditions set forth above, or as modified by the Commission, based or at least one of the following purposes: 1. That the Modifications will secure an appropriate improvement of a lot; 2. That the Modifications will prevent an unreasonable hardship; or 3. That the Modifications will promote uniformity of development. attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. Approval of MP 10 -06 and ADR 10 -16 shall not take effect until the applicant and property owner have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval Denial If the Planning Commission intends to deny this project, the Commission should move to deny Modification No. MP 10 -06 and Architectural Design Review No. ADR 10 -16, based on the evidence presented and state the reasons why the project does not meet any of the above purposes. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 12 public hearing, please contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at tschwehr @ci.arcadia.ca.us. Approved by: Jim - Kasama /Community Development Administrator Attachments: Aerial Photograph with Zoning Information 100 -Foot Radius Map Site and Neighborhood Photographs Architectural Plans Preliminary Exemption Assessment MP10 -06 & ADR10 -16 137 California Street April 12, 2011— page 5 137 California Street MP 10 -06 & ADR 10 -16 so w so SS ss es a so- JO so . eo MO to ®. # 0 rz _ ... S IN -3 y Of "'� N �a 0 AO / 1GO�O► US -I N l e � -3 P Y — I o e A ^ 8 �a IGO Ch mo 16 sati mv mkt /8 i g 1ST AVE 8 to ao 100.00 C -TR NO 66551 M 8 1335 -34-36 7eooe eoot C -TR t NO 48467 g SHEET 3 r m 27210 SF 1F BT 21242 BF M B 1136 -31 -321 FUTURE ST 2ND AVE N 1897 so r 0 742 z 60 r 1ST r T N 2 AVE .16 4 AVE. t so m O Z m 0 0 0 a N Fn 0 1 0 O G ) m •" O g 0, E? 4 0, m 0s LAND USE ENTITLEMENT CONSULTANTS dIHS2i3NMO :31111 01.0Z Ligelfeldn :31Y0 :A9 03A130321 �, to 1 . ® a w = � I.. e � d # 0 rz ®a ICA It IN ■ ? /60 US es n10- t g 1 e A ^ 8 i g 1ST AVE 8 to ao 100.00 C -TR NO 66551 M 8 1335 -34-36 7eooe eoot C -TR t NO 48467 g SHEET 3 r m 27210 SF 1F BT 21242 BF M B 1136 -31 -321 FUTURE ST 2ND AVE N 1897 so r 0 742 z 60 r 1ST r T N 2 AVE .16 4 AVE. t so m O Z m 0 0 0 a N Fn 0 1 0 O G ) m •" O g 0, E? 4 0, m 0s LAND USE ENTITLEMENT CONSULTANTS dIHS2i3NMO :31111 01.0Z Ligelfeldn :31Y0 :A9 03A130321 F )(4 N1 1— 41Fri' 1-1,0u6P 10 roP t'2 t1,a U6 [ _ p p-wr► Nvi -0,4 rip -ri ki r1LJVTi - nv t iJrf NF--(1 I tief ivi hoti ffi o h ‘7015,1wr rwrwl r'ItIr(I• t7EWI NIT oe. or- h %15 rPorwil- rR°rP -, ..I . if SITE PLAN, PROJECT DATA SINGLE FAMILY HOUSE 737 CMYORNIAA'J UE. ARCAOK G 9700! eJP taaa q 1 l 6 r 2 MICHAEL T.H. CHEN AIA ARCHITECT 842 E. DEWEY AVE. SURE B SAN GABRIEL, CA 91778 ti IM WHIM 444 9•M0 3 LOOK PLANS SINGLE FAMILY HOUSE 3. Er-4' r-r r-r 17-6' •N naootml f!. 1111,41 MICHAEL T.H. CHEN AIA ARCHITECT 842 E. DEWEY AVE. SURE B j t I r t ROOF PLAN 110110T"� MICHAEL T.H. CHEN AIA ARCHITECT 842 E. DEWEY AVE. SUITE B SAN GABRIEL, CA91778 MIL WI WHIRR M, IM ABANTO ll II liDX0,7i_ SINGLE FAMILY HOUSE 1n CALIFORNIA A4EIAIG, ARCAIXC, QA CM 11 ii: u u II II;:. 4n rr u I I'III1 f � II II II I I ELEVATIONS SINGLE FAMILY HOUSE 137 CALIFORNIA AVENUE MICHAEL T.H. CHEN AIA ARCHITECT 042 E. DEWEY AVE. SURE 8 SAN GABRIEL, CA 91716 1 z EXISTING BUILDING FLOOR PLANE 100MITIVIAIM SINGLE FAMILY HOUSE IS? 6ALIFONNIA AVENUE. ARCADIA, CA MON MICHAEL T.H. CHEN AIA ARCHITECT 642 E DEWEY AVE. SUITE B SAN GABRIEL. CA 91726 11611)111•01M Me111311)31:64470 30'-fr t 11 NEW FRONT HOUSE 137 CALIFORNIA ST. ARCADIA, CA 91006 Aneaor'I ID Ne. 5773420-011 ^ a6 0 , � �U 1 MICHAEL T.H. CHEN'AIA ARCHITECT 642 E. Dawn AWL SUITE 9 LLs (62� d266 666 112 (626)288 -3470 ALLEY I I m CALIFORNIA ST. TERRY LEE DESIGN GROUP 228 WEST LESLIE DRIVE. SAN GABRIEL, CA 91775 TEL: (626)2036522 TAM (620 79 1 Product No: 4520 Name: Weathered Terracotta Flashed Color Family: Terracottas f,,A1 1,f; ,1-.1 i c„,,,p r 111 ,p, X -48 MEADOWBROOK (BASE 100) X -475 VIEJO (BASE 200) 1. Name or description of project: 4. Staff Determination: PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Modification Application No. MP 10 -06 & Architectural Design Review Application No. ADR 10 -16 to allow an addition to a legal- nonconforming 4 -unit multi - family development; and a parking modification to allow 6 parking spaces for the residents in lieu of 8 required, and 0 guest parking spaces in lieu of 2 required to replace the existing detached front residential unit with a two -story, 1,932 square -foot, detached residential unit with an attached 432 square -foot, two -car garage. 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 71/2' topographical map identified by quadrangle name): 137 California Street (between First Avenue and Second Avenue) 3. Entity or person undertaking project: ❑ A. City of Arcadia ® B. Other (Private) (1) Name: Michael Chen (2) Address: 642 E. Dewey Ave. (3) San Gabriel, CA 91776 (3) Phone: (626) 288 -5568 The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. Applicable Exemption Class: 3 Section No.: 15303(b) f. ❑ The project is statutorily exempt. Applicable Exemption: Section No.: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: March 16, 2011 Staff: Tim Schwehr, Assistant Planner April 12, 2011 TO: Arcadia Planning Commission Development Services Department FROM: Jim Kasama, Community Development Administrator By: Thomas P. Li, Associate Planner SUBJECT: Text Amendment No. TA 10 -04, Conditional Use Permit Application No. CUP 10 -17, and Architectural Design Review No. ADR 10 -19 to allow the conversion of an existing automobile service station into an automobile fueling station with a convenience store and an automated car wash at 701 W. Huntington Drive. SUMMARY Text Amendment No. TA 10 -04, Conditional Use Permit Application No. CUP 10 -17, and Architectural Design Review No. ADR 10 -19 were submitted by Mr. Joseph Karaki, designer /engineer on behalf of the property owner, Mr. Hamid Kianipur, to allow the conversion of an existing automobile service station into an automobile fueling station with an automated self - service car wash. The Development Services Department is recommending approval of these applications with the conditions listed in the staff report. GENERAL INFORMATION APPLICANT: Mr. Joseph Karaki, designer /engineer on behalf of the property owner, Mr. Hamid Kianipur LOCATION: 701 W. Huntington Drive REQUEST: A Text Amendment, Conditional Use Permit, and Architectural Design Review approval to allow the conversion of an existing automobile service station into an automobile fueling station with a 3,020 square -foot convenience store and a 988 square -foot automated self - service car wash. SITE AREA: 33,980 square feet (0.78 acre) FRONTAGES: 141.50 feet along West Huntington Drive 204.49 feet along South Baldwin Avenue EXISTING LAND USE: The property is developed with a Unocal 76 service station that was constructed in 1967. ZONING CLASSIFICATION: The property is zoned C -O, Commercial Office. SURROUNDING LAND USES & ZONING: North: Multiple - family dwellings zoned R -3 and R -3 -R South: Chase Bank zoned C -2 East: Arcadia Fire Station 106 zoned S -2 West: Office building zoned C -O GENERAL PLAN DESIGNATION: C — Commercial — accommodates a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. PUBLIC HEARING NOTIFICATION Public hearing notices of Application Nos. TA 10 -04, CUP 10 -17 and ADR 10 -19 were mailed on April 1, 2011 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in a local newspaper. BACKGROUND The subject property is developed with a Unocal 76 service station that was constructed in 1967. There are 16 fueling positions, three (3) service bays, and a small snack shop. This gas station pre -dates the Conditional Use Permit (CUP) requirements for automobile service stations. The Arcadia Municipal Code (AMC) currently does not have provisions for allowing fueling stations in the C -O zones. The applicant is requesting a text amendment to the CUP Sections of the AMC to allow automobile fueling stations and automated self - service car washes in the C -O zones. Section 9275.1.39.3 of the AMC lists "Automobile Fueling Stations" as permitted with a CUP in the CBD and C -1 or any less restrictive commercial or industrial zone. And, Section 9275.1.39.3.1 lists "Automobile Fueling Stations and Automated Self- TA 10 -04, CUP 10 -17 & ADR 10 -19 701 W. Huntington Drive April 12, 2011 — page 2 Service Car Wash" as permitted with a CUP in the C -1 or less restrictive commercial or industrial zone. Since the subject property is zoned C -O, Commercial Office, a text amendment is necessary to allow any alteration or expansion of this existing automobile service station. Staff supports the inclusion of the C -O zone under the CUP Sections for automobile fueling stations and automated self - service car wash because the uses are consistent with the General Plan land use designation of "Commercial," which is to accommodate a wide range of commercial uses that serve both neighborhood and citywide markets. These uses should be eligible for consideration in the C -O zone especially when located at major street intersections. Therefore, staff recommends that Sections 9275.1.39.3 and 9275.1.39.3.1 be revised as follows. The new language is in italics and strikeouts indicate the language to be deleted: 9275.1.39.3 — AUTOMOBILE FUELING STATIONS. CBD and C-4 C -O or any Tess restrictive commercial or industrial zone. 9275.1.39.3.1 — AUTOMOBILE FUELING STATIONS AND AUTOMATED SELF - SERVICE CAR WASH. G-4- C -O or any less restrictive commercial or industrial zone. With the approval of this text amendment, a Conditional Use Permit will be authorized for the proposed automobile fueling station and automated self - service car wash. The Planning Commission's recommendation on this text amendment will be forwarded to the City Council along with the proposed ordinance. PROPOSAL & ANALYSIS The applicant is proposing to demolish the 1,568 square -foot building of the existing service station that consists of three (3) service bays and a snack shop to construct a 3,020 square -foot convenience store and a 988 square -foot automated self - service car wash. The two (2) existing canopies over the sixteen (16) fueling positions will remain unchanged. The convenience store will have a sales area of 1,489 square feet, and is proposed to operate 24 hours a day, seven days a week. The sale of alcoholic beverages will be limited to beer and wine. The hours of the car wash will be 7:00 a.m. to 10:00 p.m., seven days a week. The Arcadia Police Department has reviewed this proposal and has no concerns about the sale of beer and wine, but they did express concerns about the noise of the car wash and if there will be adequate lighting, but not so as to disturb traffic or the adjacent residents. Numerous lights are proposed throughout the subject site, TA 10 -04, CUP 10 -17 & ADR 10 -19 701 W. Huntington Drive April 12, 2011 — page 3 and they are required to be arranged and shielded to prevent any glare or reflection onto adjoining streets or properties. To address noise issues, the applicant submitted a sound attenuation study (see sheet no. AS -1.0A of the attached plans). The study shows that the car wash will generate a maximum sound or noise level of 54.2 decibels at the property lines of the adjacent residentially -zoned properties. This level complies with the maximum of 55 decibels permitted by the Arcadia Municipal Code. And, to help further reduce potential noise impacts to the neighbors, dense shrubbery is to be planted in front of the block wall that is to be along the property lines of the adjacent residentially - zoned properties. Parking and Traffic Circulation The Arcadia Municipal Code requires automobile fueling stations to provide three (3) parking spaces for every 1,000 square feet of retail sales area. The proposed convenience store will have 1,489 square feet of sales area, which requires a minimum of four (4) parking spaces. The proposal will provide fifteen (15) on -site parking spaces in addition to the sixteen (16) fueling positions. There are five (5) existing driveway approaches at the subject site. The proposal will have only two (2) driveway approaches; one (1) facing each street (West Huntington Drive and South Baldwin Avenue). The reduced number of driveway approaches and the locations were requested by Engineering Services to improve traffic flow at this intersection. Architectural Design Review Concurrent with the consideration of the Conditional Use Permit, the Planning Commission may approve, conditionally approve, or disapprove the applicant's architectural design concept plans. The proposed architecture is described as a Contemporary style, featuring an "S" tile roof, smooth stucco, ledgestone veneer wainscoting, decorative wrought iron accents, and fabric awnings. It is staff's opinion that the proposed architectural style is consistent with the City's commercial and industrial architectural design guidelines. Code Requirements The proposed project is required to comply with all Code requirements and policies as determined to be necessary by the Building Official, Fire Marshal, City Engineer, Community Development Administrator, and Public Works Services Director by having fully detailed construction plans submitted for plan check review and approval. TA 10 -04, CUP 10 -17 & ADR 10 -19 701 W. Huntington Drive April 12, 2011 — page 4 CEQA This project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Class 1) and Section 15332 (Class 32) of the CEQA Guidelines as a negligible expansion of an existing facility and an in -fill development. A Preliminary Exemption Assessment is attached. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed fueling station is consistent with the existing General Plan Land Use Designation of the subject property and will not conflict with the existing uses at or around the subject site. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. The text amendment, if approved, would authorize an automobile fueling station and an automated self - service car wash with an approved Conditional Use Permit in any C -O or less restrictive commercial or industrial zone. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The subject proposal is designed to avoid impacts to surrounding uses, will improve traffic flow, provides a surplus of on -site parking, and enhances the landscaping of the site. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. The subject site is bordered by arterials that accommodate high volumes of traffic. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. An automobile fueling station is a use that is consistent with the Commercial Land Use Designation of the site. RECOMMENDATION The Development Services Department recommends approval of Text Amendment No. TA 10 -04, Conditional Use Permit Application No. CUP 10 -17, and Architectural Design Review No. ADR 10 -19 for the proposed fueling station and car wash, subject to the following conditions of approval: TA 10 -04, CUP 10 -17 & ADR 10 -19 701 W. Huntington Drive April 12, 2011 — page 5 1. The use approved by CUP 10 -17 and ADR 10 -19 is limited to the proposed automobile fueling station and automated self - service car wash. The automobile fueling station and automated self - service car wash shall be operated and maintained in a manner that is consistent with the proposal and "plans submitted and approved for CUP 10 -17 and ADR 10 -19. 2. All regulations for automobile fueling stations pursuant to Arcadia Municipal Code Section 9275.4 shall be complied with unless determined otherwise under CUP 10 -17 and ADR 10 -19. 3. Signs attached to the gasoline pumps, pump island canopy supports, Tight standards, and /or bollards, which advertise specific products or services shall not be permitted. 4. All outside lighting shall be arranged and shielded to prevent any glare or reflection and any nuisance, inconvenience and hazardous interference of any kind on adjoining streets or properties to the satisfaction of the Development Services Director. 5. All on -site parking stalls shall be double- striped in accordance with Arcadia Municipal Code Section 9269.8.1. 6. The existing monument sign shall be removed and replaced with a monument sign limited to a maximum height of 8' -0" located at least a minimum of 25' -0" from the intersection, as shown on the submitted plans or as determined by the City Engineer. The design of the subject monument sign, along with the other proposed signs, shall be subject to separate sign architectural design review processes. 7. A landscape and irrigation plan shall be submitted for review and approval by the Community Development Administrator or designee prior to the issuance of a building permit, and shall include dense shrubbery along all property lines that are adjacent to residentially -zoned properties. 8. The project shall comply with the following Fire Department requirements, subject to the approval of the Fire Marshal: a. Installation of an automatic fire sprinkler system per the City of Arcadia Fire Department Commercial Sprinkler Standard. b. Sprinkler systems that serve 20 sprinkler heads or more shall be fully monitored. c. Provision of a Knox box with keys for access to restricted areas. TA 10 -04, CUP 10 -17 & ADR 10 -19 701 W. Huntington Drive April 12, 2011 — page 6 d. The building address number shall be posted on the south facing wall of the convenience store. The number shall be at least six inches (6 ") tall and of a color that contrasts with the color of the wall on which it is affixed. 9. .The project shall comply with the following Engineering Services requirement: The sidewalk along the length of the Baldwin Avenue property line shall be replaced per City standards and to the satisfaction of the City Engineer. 10. All City requirements regarding accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of the Building Official and the Fire Marshal. 11. Approval of CUP 10 -17 and ADR 10 -19 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 12. All conditions of approval shall be complied with prior to opening of the automobile fueling station and automated self- service car wash. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -17 and ADR 10 -19 shall be grounds for immediate suspension or revocation of any approvals, which could result in a delay of the Certificate of Occupancy or the closing of the automobile fueling station and automated self - service car wash. 13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to direct staff to convey the Commission's recommendation and comments on Text Amendment No. TA 10 -04 to the City Council for consideration at TA 10 -04, CUP 10 -17 & ADR 10 -19 701 W. Huntington Drive April 12, 2011 — page 7 a public hearing, and pending the approval and effectuation of the text amendment, the approval of Conditional Use Permit No. CUP 10 -18 and Architectural Design Review No. ADR 10 -19; state the supporting findings and environmental determination, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval for adoption at the next meeting. Denial If the Planning Commission intends to deny this proposal, the Commission should move to direct staff to convey the Commission's recommendation and comments on Text Amendment No. TA 10 -04 to the City Council for consideration at a public hearing, and to deny Conditional Use Permit Application No. CUP 10 -18 and Architectural Design Review No. ADR 10 -19; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 12 public hearing, please contact Thomas Li at (626) 574 -5447. Approved by: Jia�i Kama mmunity Development Administrator Attachments: Aerial Photo with Zoning Information Proposed Plans Photos of Site Preliminary Exemption Assessment TA 10 -04, CUP 10 -17 & ADR 10 -19 701 W. Huntington Drive April 12, 2011 — page 8 4 4 . ouiis 1,4 -KC © 2011 Nuys ofCorporotion„0ANd 701 W. Huntington Drive TA 10 -04, CUP 10 -17, ADR 10 -19 2 z w w 211:31:1001:11:11:1 a El = „ "%MI ^ tom 2222.11112 0 .4 c' E ' E li ; N1 ; PAULI IiUD I ! 1i! II 1111 2 5 5 2 5 55 255 5 29 5 MECH1=1111E1IIICIIHREICCUEBIENIESMEICE111:71111111EIEHIEZCINEffOGEIDECIIIM 1:101:11:11:11:101:11:10C101221001:1001:1[11:111211: 8 8 1 1 8 8 5 I ill 11 h • 2. 4 4 Z W W J 4 1 e! j 0 0 0 0 0 0 0 0 ❑ ❑ -4 1. 3 _w O . r 111111:14 i a i! 1 a€ AREA TABULATION V3aIV 13N 21138VIN f 31.IVN •OOM L 05 U.0 awe V3MV 13N 2133 0 314VN 1.100111 et 3 9 1° 01_ t t t t 2 2 2 1 t A F 1 F NNi N 4 4 —w t 4 ti O 0 a . ❑ ❑ ❑ , 1 > M 1 1 1 ❑ ❑ . 0 0 aa „„ T i 3 f5 flt 1 5616; 2 56 0 0 0 o 0 0 ❑ EilO 4.,, .!4aaaaa r ^t 141 1 !lit!! IliF,1111! t- gli ii!! m ❑ — 1 00000 0 0❑ 0 0 0 VI 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 - STREET VIEW ALONG HUNTINGTON DRIVE STREET VIEW ALONG BALDWIN AVE. EXISTING C -STORE SOUTH ELEVATION EXISTING C -STORE NORTH ELEVATION CLOSE -UP VIEW OF CANOPY -1 ALONG HUNTINGTON DRIVE CLOSE -UP VIEW OF CANOPY -2 ALONG BALDWIN AVE. ADJACENT MEDICAL BLDG -WEST SIDE ADJACENT MEDICAL BLDG -WEST SIDE Date: February 24, 2011 Preliminary Exemption Assessment\2010 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Staff: Thomas Li FORM "A" 1. Name or description of project: TA 10 -04, CUP 10 -17, and ADR 10 -19 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 701 W. Huntington Drive, northwest corner of W. Huntington Drive and S. Baldwin Avenue 3. Entity or person undertaking project: _ A. Mr. Joseph Karaki, Western States Engineering, Inc., 4887 E. La Palma Avenue, Ste. 707, Anaheim, CA 92807 B. Other (Private) (1) Name (2) Address 4. Staff Determination: The Lead Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. c. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. The project is categorically exempt. Applicable Exemption Class: 01 and 32 0 c,.-. The project is statutorily exempt. Applicable Exemption: The project is otherwise exempt 1 on the following basis: The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: February 24, 2011 Preliminary Exemption Assessment\2010 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Staff: Thomas Li FORM "A" RESOLUTION NO. 1832 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -18 FOR A DAY SPA EXPANSION AT 70 AND 72 WEST LIVE OAK AVENUE. WHEREAS, on December 6, 2010, an application was filed by Ms. Ying Wan Phu of Rainbow Spa at 70 W. Live Oak Avenue to expand the spa into the adjacent unit at 72 W. Live Oak Avenue, Development Services Department Case No. CUP 11 -18; and WHEREAS, a public hearing was held by the Planning Commission on March 22, 2011, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated March 22, 2011 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed expansion of the day spa will not have an adverse affect on property or nearby businesses because the current day spa use will remain unchanged with the approval of this application. Construction- related impacts will be avoided because the expansion of the day spa will occur by occupying an existing vacant unit on the site, rather than building a new structure. The day spa will be required to comply with all County Health Code requirements, and the City of Arcadia Massage regulations. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. A day spa is allowed in the C -M zones with an approved Conditional Use Permit per Section 9275.1.53.2.1 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. There is sufficient parking on site to meet the parking requirement for the proposed day spa expansion. A parking modification is required to allow the expanded day spa to use spaces that are smaller than the dimensions required by Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. All of the surrounding streets; Live Oak Avenue, McCulloch Avenue, and Welland Avenue are adequate to serve the existing tattoo parlor and expanded day spa. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The day spa is a commercial use that is consistent with the General Plan Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 10 -18 to expand the day spa at 70 W. Live Oak Avenue into the adjacent unit at 72 W. Live Oak Avenue, subject to the following conditions: -2- 1832 1. The daily hours of operation of the day spa shall be limited to 10:00 a.m. — 9:00 p.m. 2. The use approved by CUP 10 -18 is limited to the proposed day spa which shall be operated and maintained in a manner that is consistent with the proposal submitted for CUP 10 -18, subject to the satisfaction of the Development Services Director or designee. 3. The maximum number of licensed massage therapists on the employee roster shall match the number of rooms in the day spa designated for massage therapy, which in this case there are two. This is consistent with the City's Massage Therapist Regulations which require massage to be incidental to the main use per section 6418.3. 4. The use approved by CUP 10 -18 is limited to the expanded day spa, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -18, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets and neighboring businesses or properties that are observed during these inspections. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -18 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the day spa. 6. This approval of CUP 10 -18 includes a parking modification to allow the expanded day spa to use the existing substandard parking spaces (i.e. 8' -6" widths by 13' -0" depths in lieu of 9' -0" widths by 20' -0" depths) in order to maintain the existing 13 spaces. -3- 1832 7. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 9. Approval of CUP 10 -18 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [Signatures on next page] -4- 1832 Passed, approved and adopted this day of , 2011. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission -5- 1832 RESOLUTION NO. 1833 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 10 -19, TENTATIVE TRACT MAP NO. 71478, ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -18 AND DENIAL OF MODIFICATION NO. MC 10 -35 FOR THE EXPANSION OF THE EXISTING OFFICE BUILDING AND SUBDIVISION OF THE BUILDING INTO COMMERCIAL OFFICE CONDOMINIUMS AT 650 WEST HUNTINGTON DRIVE. WHEREAS, on October 29, 2010, an application was filed by Mr. Scott Yang, Representative from First Pacific Builders on behalf of the property owner, 650 W. Huntington Dr., LLC to expand the existing 17,920 square -foot office building by adding 7,463 square -feet; subdivide it into medical office condominiums; and allow a parking deficiency of 128 spaces in lieu of 151 required; and WHEREAS, a public hearing was held by the Planning Commission on March 22, 2011, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated March 22, 2011 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed addition to the existing building and change of use to commercial condominiums will not have any significant adverse impacts to the neighboring businesses or properties, and will be required to comply with all County Health Code requirements. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Commercial offices are a use that is allowed in the C -O zone by right and is appropriate for the site. A commercial building in excess of 20,000 square -feet is authorized through a Conditional Use Permit by Code Sections 9261.6.8 and 9275.1.53.1. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The proposed addition to the existing building and change of use to medical offices would increase the parking required by Code to 151 spaces, which is 23 more than is proposed. The impact that would be caused by a parking deficiency could have a significant impact on the neighborhood and therefore, Modification No. MC 10- 35 which proposed to allow 5.1 spaces per 1,000 square feet in lieu of the 6.0 per 1,000 square -feet is denied. The project is approved for a change of use to commercial offices which must meet the required parking requirements per Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. Huntington Drive to the north of the site, Baldwin Avenue to the west, and the nearby side streets were studied by traffic consultants to determine the impact on traffic that the proposed use would have. The study found that the streets have available capacity to accommodate the increase in traffic and the impacts to them would be minimal. -2- 1831 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Commercial offices are a commercial use that is consistent with the General Plan Land Use Designation of the site. SECTION 3. That for the foregoing reasons, Modification No. MC 10 -35 pertaining to the required parking is denied. SECTION 4. That for the foregoing reasons this Commission grants approval of Conditional Use Permit Application No. CUP 10 -19, Tentative Tract Map No. 71478, and Architectural Design Review No. ADR 10 -18, subject to the following conditions: 1. Any medical office use at this site shall not include 1) outpatient surgery centers or 2) facilities that specialize in treatment or services for persons with mobility impairments due to the greater amount of handicapped parking that those uses require. 2. The applicant shall maintain the existing drive aisle just inside the front property line. 3. The existing fire sprinkler system shall be extended to all new areas. All heads in the system shall be quick response type. Existing heads shall be replaced with quick response type as necessary. A separate permit is required. 4. A sprinkler monitoring system shall be updated to current code requirements by a C -10 licensed contractor prior to occupancy. A separate permit is required. 5. Minimum 2A:10 BC fire extinguishers shall be provided in all common areas. The maximum travel distance from any point in the building to a fire extinguisher shall be 75 feet. 6. A Knox Box shall be provided in an approved location adjacent to the front entrance. -3- 1831 7. The second floor exit door to the stairwell shall have its hinge relocated to the other side of the door jamb to allow adequate exit width. 8. A Water Meter Clearance application, filed with the Arcadia Water Section, shall be required prior to permit issuance to ensure adequate domestic water meter /service size. 9. Commercial condominiums shall have three services with meters: One for the fire sprinkler, one for domestic use, and one for irrigation of the common areas. If the applicant wants each unit to be individually metered, the applicant shall install their own meters on site on each service. The applicant shall have the master meter on the main service. The applicant may run one service from the main and manifold it for fire, domestic, and irrigation. 10. Unless it is possible to connect to existing water service and upgrade the water meter, a new tap on the water main will be required to be installed by the developer. Installation shall be according to the specifications of the Public Works Services Department, Engineering Section, including isolation valves. Demolition of existing water services, if necessary, shall be performed by the applicant, according to Public Works Services Department, Engineering Section specifications. 11. No water service lateral, meter, flush -out, backflow prevention device or fire hydrant shall be located in any driveway, nor closer than 3 feet from the top of "x" of any driveway or other utility. 12. An approved reduced pressure backflow preventer shall be installed on the irrigation and domestic water service supply, as close as possible to the water meter on the property side of the meter. An approved double -check detector assembly shall be -4- 1831 installed on the fire sprinkler service supply. The backflow preventer shall be screened from view as stipulated by the Planning Department. For uninterrupted domestic water service's, parallel reduced pressure backflow preventers shall be installed. 13. All pipes, valves, hydrants, meters, fittings, and appurtenances, including disinfection and flushing, shall meet the specifications of the Arcadia Public Works Services Department, Engineering and Water Sections. 14. The 3 existing street trees in the parkway shall be removed and replaced with 3, 24" -box Chinese Pistache trees. The installation shall include the removal and replacement of any raised /damaged sidewalk, curbs, and gutter in front of the subject property. 15. The use approved by CUP 10 -19 is limited to commercial office, which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -19, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets and neighboring businesses or properties. 16. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 17. Noncompliance with the plans, provisions and conditions of approval for CUP 10 -19, Tentative Tract Map No. 71478, and Architectural Design Review No. ADR -5- 1831 10 -18, shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing the commercial offices on site. 18. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 19. Approval of CUP 10 -19 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to acknowledge awareness and acceptance of these conditions of approval. SECTION 5. The Secretary shall certify to the adoption of this Resolution. [Signatures on next page] -6- 1831 Passed, approved and adopted this day of , 2011. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: ST4. n 6-e=e Steph f n P. Deitsch, City Attorney Chairman, Planning Commission RESOLUTION NO. 1834 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 11 -01 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 11- 01 FOR AN UNMANNED WIRELESS COMMUNICATIONS FACILITY AT CAMINO GROVE PARK — 1410 S. SIXTH AVENUE. WHEREAS, on January 25, 2011, an application was filed by Shannon Vitale of Core Development Services for Verizon Wireless for an unmanned wireless communications facility at Camino Grove Park — 1410 S. Sixth Avenue, Development Services Department Case No. CUP 11 -01 and Architectural Design Review No. ADR 11 -01; and WHEREAS, a public hearing was held by the Planning Commission on March 22, 2011, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated March 22, 2011 are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed use is consistent with the existing zoning and General Plan Land Use Designation of the subject property and will not conflict with the existing uses at the subject site. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. Arcadia Municipal Code Section No. 9275.1.11 authorizes a wireless communication facility with an approved Conditional Use Permit in any zone. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The subject site is located in an underutilized area of the park, and will be adequate in size and shape to accommodate the antennas. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. The subject site is bordered by an arterial designed to accommodate high volumes of traffic. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. A wireless communications facility is a use that is consistent with the Land Use Designation of the site. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 11 -01 and Architectural Design Review No. ADR 11- 01 for an unmanned wireless communications facility at Camino Grove Park — 1410 S. Sixth Avenue, subject to the following conditions: 1. The antennas for this CUP shall be limited to twelve (12) panel antennas and a four -foot (4' -0 ") diameter microwave dish antenna, the panels shall be mounted at or below a height of 52' -2 ", as measured to the top of the antennas, and the dish shall be mounted at or below a height of 47' -0 ", as measured to the top of the dish. 2. The height of the enclosure shall be increased to eight feet (8' -0 ") to fully enclose the equipment. -2- 1834 3. The applicant shall install a chain link cover, or a similar solution to keep balls from entering the enclosure, subject to the approval of the Community Development Administrator. 4. The equipment enclosure shall be completely enclosed on all sides without gaps between the roof and the perimeter wall. 5. All City code requirements regarding construction permitting, noise, accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaction of the Building Official, Public Works Services Director, Development Services Director, and the Fire Marshal. 6. The proposed wireless communications facility including its colors and materials shall be maintained in a manner that is consistent with the plans and materials submitted and approved for CUP 11 -01 and ADR 11 -01. The colors, materials and amounts of simulated foliage for the monopine shall be subject to the approval of the Public Works Services Director. All antenna panels and the microwave dish shall be finished to match the monopine, which may include, but is not limited to, sleeves over the antenna panels to blend with the simulated foliage, and shall be subject to the approval of the Public Works Services Director. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, if officers, employees or agents to attack, set aside, void or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City -3- 1834 Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. Applicant must select an attorney, acceptable to the City, who will defend such proceeding. Such approval will not be unreasonably withheld. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 11 -01 and ADR 11 -01 shall be grounds for immediate suspension or revocation of any approvals, subject to public notice and hearing. 9. Approval of CUP 11 -01 and ADR 11 -01 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 10.A lease agreement in a form and substance approved by the City Attorney shall be executed with the City prior to the issuance of permits. 11. The owner or operator of the facility shall allow another carrier to co- locate its facilities and equipment thereon, upon reasonable terms and conditions mutually agreeable between the parties. SECTION 4. The Secretary shall certify to the adoption of this Resolution. -4- 1834 Passed, approved and adopted this 12 day of April, 2011. ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission -5- 1834 The Planning Commission of the City of Arcadia met in regular session on Tuesday, March 22, 2011, 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 Chairman Parrille led the Pledge of Allegiance. ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Beranek, and Parrille ABSENT: Commissioner Chiao MOTION: It was moved by Commissioner Baderian to excuse Commissioner Beranek from the meeting. Without objection the motion was approved. OTHERS ATTENDING MINUTES ARCADIA PLANNING COMMISSION Tuesday, March 22, 2011, 7:00 P.M. Arcadia City Council Chambers Assistant City Manager /Development Services Director, Jason Kruckeberg City Attomey, Steve Deitsch Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Senior Planner, Lisa Flores Associate Planner, Tom Li Assistant Planner, Nick Baldwin Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS A memo regarding revised conditions of approval for Item 4 was distributed to the Commissioners. 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 There were none. PUBLIC HEARINGS 1. HOMEOWNERS' ASSOCIATION DECISION APPEAL NO. HOA 11 -01 934 Paloma Dr. Charles Huang The applicant has filed an appeal to reconsider the Rancho Santa Anita (Lower Rancho) Homeowners' Association's Architectural Design Review Board decision to deny the architectural design of a new 5,158 square -foot, two -story residence with 408 square -feet of porches, and a 638 square -foot, three -car, detached garage. Senior Planner, Lisa Flores, presented the staff report. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this appeal. Mr. Charles Huang, the property owner and appellant, said he followed the design guidelines of the Homeowners' Association and the proposed house is not subject to any modifications. There is no FAR requirement, so size is not an issue. He agreed that the neighboring homes across the street are both one -story and much smaller than the proposed home. He cited examples of other recently constructed homes in the Lower Rancho area that are significantly larger than the existing homes. Mr. Huang asked why these homes are considered suitable but his proposed home is not. Mr. Huang agreed to comply with all the conditions required by Planning Services and asked the Commissioners to approve his project. -- Commissioner Baerg asked if the proposal presented to the Commissioners is in any way different from the design originally submitted to the Homeowners' Association. Mr. Huang said that the design had not been changed since it was originally submitted to the Homeowners' Association. Commissioner Baderian noted that the staff report stated that the ARB members suggested a meeting to explore alternatives that would be acceptable to both parties and he asked why the applicant declined their suggestion. Mr. Huang said that his architect met with an ARB member who offered suggestions to reduce the mass of the building but that he could not compromise on size. City Attorney Deitsch asked Mr. Huang if he would comply with the conditions proposed by staff and Mr. Huang said that he would. Mr. Hank Jong, a neighbor, said that he attended the design review meeting and was troubled by the opinions expressed by the neighbors. He said that he felt that the property owner should only be obligated to adhere to the Code and that the design is more important than the size of the house. He further stated that he felt that the same requirements should apply throughout the City and that it is unreasonable to limit the size of a new house as that limitation could have a negative effect on property values. Chairman Parrille asked if anyone wanted to speak in opposition to this appeal. Mr. Steve Mathison, ARB Chairman, pointed out that the average size of the approximately 32 homes on Paloma Drive is 2,588 square feet while the proposed home is 5,200 square feet, or about twice as large. He quoted the HOA Resolution charging the ARB with maintaining harmony between buildings and landscaping. He also quoted the Arcadia Single - Family Design Review Guidelines explaining the principles of proportion and scale between new and existing structures. Mr. Mathison said that the insensitive treatments of scale and size are common problems that the ARB must address and that although the proposed design is consistent with zoning regulations it does not conform to the design guidelines and the requirements of Resolution 5287. PC MINUTES 3 -22 -11 Page 2 Commissioner Baderian said that the applicant mentioned another house of over 6,000 square feet and asked if that house is within the HOA area. Mr. Mathison said that although that home is within the HOA area, it is on a street of very large homes that are compatible with it. Commissioner Baderian asked if the proposed home were in the same area as the 6,000 square foot home, would it be considered compatible, and Mr. Mathison said that it would be compatible with some of the existing homes in that area, but at the proposed site it is not compatible with any of the homes in the immediate area. Mr. Richard Frickie, ARB Member, pointed out that the developer wants as much square footage as possible to increase profit and this individual is not building his dream home. He said he is concemed that the residents are losing control of new development in their neighborhoods. Mr. Bill Card, a neighbor, said that he lives across the street from the proposed development. He said that he has reviewed the plans and feels that even though the design is within zoning regulations it is not compatible with the neighborhood. He wished to voice his objections and asked the Commissioners to deny the appeal. Ms. Marianna Shakhnovitz said that her family lives next door to the proposed home, which she feels will create an invasion of privacy for her family. She said that the proposed home will dramatically exceed the size of the previous home and the second floor to be built so close to the property line it will result in an infringement of her family's privacy. Mr. Dale Brown, ARB member and architect, said that he met with the applicant's representative, Mr. Robert Tong, after the ARB meeting to discuss the mass of the proposed home and harmony within the neighborhood. He noted that presently there are mostly Ranch and Colonial style homes in the area, but that newer homes are presenting a conflicting pedigree. Mr. Brown said the ARB tries to encourage a strong design basis and that he felt the design of the proposed home could be altered to comply with ARB standards. Mr. Brown said he is still willing to work with the applicant to reach an acceptable compromise. Mr. Jerry Johnson, a neighbor, said that the height of the proposed home is inappropriate, even though it falls within the maximum height allowed, because it is on a slope. He pointed out that the neighbors on the down -hill side will have no privacy in their yards and their view of the mountains will be obstructed. Mr. Johnson said he felt that the long -time residents in the area should be able to have full use of their yards. He also said that he could not agree with the speaker who said that design standards should be uniform throughout the city but, in fact, he feels that design standards should be flexible to allow new construction to be harmonious with existing structures and landscaping. Mr. Johnson said that he wished the project architect had been willing to work with the ARB before appealing their decision. Mr. Michael Zourabian, another neighbor, reminded the Commissioners that this is a business project and is not being built for personal use. He said he is not comfortable with the prospect of such a huge home next to his home and that he agrees with the recommendations of the ARB. He feels strongly that this project will not increase the value of the existing homes as suggested by the applicant. Mr. Ernie Boehr, ARB member and neighbor, said that Arcadia is a community of homes and Paloma Drive exemplifies that concept. He said that whether the proposed home is built for the owner to live in or as a business proposition, the applicant and the ARB should be able to come to a compromise that will be satisfactory to both parties. He asked the PC MINUTES 3 -22 -11 Page 3 MOTION: Commissioners to consider if this project as it presently stands would bring something to the neighborhood that everyone could be proud of. Chairman Parrille asked if the applicant would like to speak in rebuttal. Mt. Robert Tong, the architect for the project, said that he has worked successfully with the ARB many times in the past and he is confident that a satisfactory solution can be reached in this case as well. MOTION: It was moved by Commissioner Baderian to close the Public Hearing. Without objection the motion was approved. Commissioner Baderian said that he is not comfortable taking action on this item at this time. He noted that the ARB representatives made several suggestions on ways to reduce the perception of massing and make the home more harmonious with the neighborhood and he suggested that the ARB and applicant meet to discuss their options. Commissioner Baerg pointed out that it seemed the parties had not reached an impasse before the appeal was filed and, therefore, his preference would be for them to meet again to try to reach a compromise. Commissioner Beranek said that he recently reviewed the design guidelines for the community and since the applicant's design fell within the guidelines he feels the project should be approved. Mr. Deitsch said that the City zoning code must be applied, along with the HOA Resolution, which gives the ARB some discretion in determining what is compatible with the neighborhood. In addition, how is the neighborhood to be defined; as including only the street or the entire area governed by the HOA? He explained that the applicant can take the matter to the City Council or the Commission can direct both parties to meet again and report back. It was moved by Commissioner Baderian to reopen the Public Hearing. Without objection the Motion was approved. Chairman Parrille asked the applicant and ARB members if they would meet privately to make arrangements for another meeting to try reach a compromise and return to the Commission before the end of the current session. Both the applicant and ARB representatives agreed to meet privately and return to the Commission with their decision before the end of the meeting. 2. CONDITIONAL USE PERMIT NO. CUP 10 -18 72 W. Live Oak Ave. Ying Wan Phu Continued from February 22, 2011 The applicant is requesting a Conditional Use Permit to allow the existing 869 square -foot day spa located at 70 W. Live Oak Avenue to expand into the adjacent 710 square -foot building at 72 W. Live Oak Avenue. PC MINUTES 3 -22 -11 Page 4 Assistant Planner, Nick Baldwin, presented the staff report. Commissioner Beranek said that he understood that massage had to be incidental to the business. Mr. Baldwin explained that this business is a day spa and that massage will remain incidental to the business. He said that only a small percentage of the additional square footage would be used for massage. Commissioner Baderian pointed out that some of the parking spaces are substandard and he asked what makes them substandard. Mr. Baldwin said that they are substandard parking spaces because they are less than the 9 wide feet by 20 feet in depth as required by Code. Commissioner Baerg noted that according to the staff report, 40% of the business is dedicated to massage and he asked if that is considered incidental. Mr. Baldwin confirmed that it is. The Public Hearing was-opened. Chairman Parrille asked if anyone would like to speak in favor of this project. There were none. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Baderian to close the Public Hearing. Without objection the motion was approved. Commissioner Beranek asked if the applicant was prepared to accept all conditions and Mr. Baldwin explained that the staff report, listing all conditions, was sent to the applicant but they have not responded. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baderian, to approve Conditional Use Permit No. CUP 10-18 and to direct staff to prepare the appropriate Resolution. ROLL CALL AYES: Commissioners Baerg, Beranek and Parrille NOES: Commissioner Baderian ABSENT: Commissioner Chiao 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. PC MINUTES 3 -22 -11 Page 5 3. CONDITIONAL USE PERMIT NO. CUP 10 -19 MODIFICATION APPLICATION NO. MC 10 -35 TENTATIVE TRACT MAP NO. 71478 ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -18 650 W. Huntington Drive Scott Yang The applicant has requested a Conditional Use Permit, Parking Modification, Tentative Tract Map and Architectural Design Review to allow the existing office building to be expanded to 25,105 square feet with a parking deficiency of 128 spaces in lieu of 151 required and subdivided into medical office condominiums.. Assistant Planner, Nick Baldwin, presented the staff report. Commissioner Baerg asked if there is a parking deficiency at present and Mr. Baldwin said there is not. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. Scott Yang, the applicant, said that he wanted to convert the building to medical condominiums because doctors want to purchase entire units. He also said that his traffic consultant was available to answer questions. Mr. Ron Knox, the traffic engineer said the street is easily able to accommodate the expected 5% increase in traffic. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Beranek to close the Public Hearing. Without objection the motion was approved. Commissioner Baerg said that a 23 parking space deficiency is significant and that he is not comfortable with that. Commissioner Baderian said that he agreed that although the increase in trips would not be a problem, he was uncomfortable with the deficiency of 23 parking spaces. Mr. Kasama explained that the Commission could deny the Parking Modification but still approve the Conditional Use Permit and Tract Map for the conversion of the building with a combination of tenants rather than medical only. MOTION: It was moved by Commissioner Baerg, seconded by Commissioner Baderian, to approve Conditional Use Permit No. CUP 10-19, Tentative Tract Map No. 71478 and Architectural Design Review No. ADR 10 -18, but to deny Modification Application No. MC 10 -35. Also, it PC MINUTES 3 -22 -11 Page 6 was moved to amend recommendation No. 15 to eliminate the limitation to medical offices and to direct staff to prepare the appropriate Resolution. Chairman Parrille asked for clarification on the amendment of recommendation No. 15. Mr. Kasama explained that changing medical office use to general office use reduces the parking space requirement to four spaces per 1,000 square feet, thereby eliminating the parking deficiency. Medical offices would be allowed, but only if the parking requirement of six spaces per 1,000 square feet will be met. ROLL CALL AYES: Commissioners Baderian, Baerg, Beranek, and Parrille NOES: None ABSENT: Commissioner Chiao 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. CONDITIONAL USE PERMIT NO. 11 -01 ARCHITECTURAL DESIGN REVIEW NO. ADR 11 -01 1410 S. Sixth Ave. - Camino Grove Park Shannon Vitale of Core Development Services for Verizon Wireless The applicant has requested a Conditional Use Permit and Architectural Design Review for a wireless telecommunication facility comprised of a 55 -foot tall monopole antenna support camouflaged as a pine tree with one platform array of twelve (12) panel antennas, one (1) four -foot (4' -0 ") diameter parabolic dish antenna, and four (4) ground - mounted equipment cabinets in a 544 square -foot concrete block enclosure. Associate Planner, Tom Li, presented the staff report. Commissioner Baderian asked if staff had received any comments from local residents and Mr. Li said he had not. Chairman Parrille asked if there was any objection from the school district and Mr. Li said they were informed, but had no comment. Commissioner Baerg asked why the antenna could not be incorporated into the existing cell tower. Mr. Li explained that the existing tower was not designed for co- location and can't meet the needs of the carrier. Commissioner Baerg expressed his doubt about the ability to adequately camouflage the antenna as a tree. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Ms. Patty Mejia from Verizon said that they worked with staff to develop the most appropriate and least visible design and that the proposed tree is designed for co- location to accommodate future needs. PC MINUTES 3-22 -11 Pagel Commissioner Baderian asked if the applicant was in agreement with the amended recommendations Nos. 7 and 8 and Ms. Mejia said Verizon had no objection to the recommendations and would comply with them. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved 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 Conditional Use Permit No. CUP 11 -01 and Architectural Design Review No. ADR 11 -01 and to direct staff to prepare the appropriate Resolution. ROLL CALL AYES: Commissioners Baderian, Beranek, and Parrille NOES: Commissioner Baerg ABSENT: Commissioner Chiao 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. Chairman Parrille retumed to Item 1. 1. HOMEOWNERS' ASSOCIATION DECISION APPEAL NO. HOA 11 -01 934 Paloma Dr. Charles Huang Chairman Parrille asked the applicant and the ARB members if they had reached an acceptable compromise. Mr. Dale Brown of the ARB said that the parties agreed to meet again and they would like a continuance to April 26 to allow time for them to resolve their differences. Chairman Parrille asked Mr. Huang if a continuance to April 26 was acceptable to him and he said that it was. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to continue Item No. 1 to the regular meeting of the Planning Commission on April 26, 2011. ROLL CALL AYES: Commissioners Baderian, Baerg, Beranek, and Parrille NOES: None ABSENT: Commissioner Chiao PC MINUTES 3 -22 -11 Page 8 CONSENT ITEMS 5. MINUTES OF MARCH 8, 2011 6. RESOLUTION NO 1831 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 11 -02 to amend CUP 10 -10 for the tutoring center at 50 West Las Tunas Drive. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to approve the minutes of March 8, 2011 as presented and to adopt Resolution No. 1831. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek and Parrille NOES: None ABSENT: Commissioner Chiao MATTERS FROM CITY COUNCIL & PLANNING COMMISSION There were none. MODIFICATION COMMITTEE AGENDA Chairman Parrille reported that an application to allow a third gas pricing sign instead of two at 102 E. Huntington Drive was approved. MATTERS FROM STAFF & UPCOMING AGENDA ITEMS Mr. Kasama reported that the City Council adopted a Resolution to formally approve 7:00 p.m. as the time to begin Planning Commission meetings, and that the next agenda will include an application to remodel a gas station at Baldwin and Huntington. Commissioner Beranek said that he watched the last City Council meeting on television and noted that they reversed the actions of the Planning Commission in two cases. ADJOURNED 8:27 p.m. ATTEST: Chairman, Planning Commission PC MINUTES 3 -22 -11 Page 9