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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
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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
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-
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.
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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
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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.
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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.
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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
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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.
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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
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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
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