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HomeMy WebLinkAbout9-23-92Planning Commission proceedings are taped recorded and on file in the office of the Planning Dept. MINUTES ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Wednesday, September 23, 1992 The Planning Commission of the City of Arcadia met in regular session on Wednesday, September 23, , 1992 at 7:30 p.m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Tom Clark presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Daggett, Hedlund, Clark ABSENT: Commissioners Amato and Huang MOTION It was moved by Commissioner Daggett, seconded by Commissioner Hedlund to excuse Commissioners Amato and Huang from tonight's meeting. The motion passed by voice vote with none dissenting. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to read all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice vote with none dissenting. MINUTES It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to approve the Minutes of September 8, 1992. The motion passed by voice vote with none dissenting. OTHERS ATTENDING: City Attorney Michael Miller Planning Director William Woolard Assistant Planner James Kasama The City Attorney announced that the City Charter requires that for any action to be adopted or approved a majority of the entire membership must vote in favor of the particular motion. If the required three votes are not obtained the motion would fail. If the required three votes are not obtained (1) an applicant may request continuance and it would be up to the Commission to decide whether or not they want to grant the continuance; (2) the matter could be heard and then deferred for final decision pending participation by the absent members as long as they review the records of these proceedings which would be made available to them or (3) the matter could simply go forward to the City Council. Arcadia City Planning Commission 9/23/92 Page 1 PUBLIC HEARING CUP 92 -010 245 E. Foothill Blvd. Sterling Foods, Inc. dba: Shakey's Pizza Parlor Consideration of a conditional use permit to install approximately 25 redemption games and amusement machines in an existing family restaurant. The games and machines will take the place of approximately 70 seats. The building size is to remain the same and there will be no alterations to the exterior of the building or other site improvements. The staff report was presented. Staff explained that there will be a subsequent hearing to tonight's meeting, that will deal with the types of machines that will go on the premises. The environmental assessment did not address the congregating of additional children outside as all of this will take place inside the restaurant and no activities are intended to be outside of the building. Staff noted that a letter in opposition, with signatures of several property owners, was submitted which has been distributed to the Commission. The public hearing was opened. Mike Clark, Sterling Foods, Inc., 3815 Durbin St., Irwindale, said that they are in agreement with all of the conditions in the staff report. He stated that their restaurant is a family restaurant and the kids are supervised by their parents. Stella Guinits, 238 E. Sycamore, spoke in opposition and said that she is against the request because it will increase the number of teenagers. She stated that the kids come into the back parking lot which is adjacent to their back yard, race their car motors and squeal tires on the pavement, throw cans and bottles into her back yard. Often they climb the short wall at the back of Shakey's property. Their cars have been broken into twice and police reports have been filed. She asked that they extend the height of the wall which divides the commercial properties from the residential properties. Renate Oepkes, 242 E. Sycamore, was against having these machines installed and agreed with her neighbor. On occasion the restaurant leaves the doors open and the juke box is so loud that they can hear it. Rose Litty, 236 E. Sycamore, said that her property backs up to the subject site. She said that she has found many different items in her back yard such as shoes, cans, bottles, old records, etc. Fire crackers are not permitted in the City, but on Fourth of July, the children set off fire crackers. On one occasion fire had been set to a trash bin and the cinders caught a portion of her roof on fire. While the parents are inside, children are running around in the parking lot creating lots of noise. After the restaurant closes in the evening, there is yelling and screaming in the parking lot from people who have been drinking and saying their long good byes. She has called the police many times. She felt that by putting in the machines, they would attract kids from the high school in Monrovia, which is only a few blocks away, and from the junior high. McDonald's also has a problem with children hanging around and loitering and the police have been called there on many occasions. This is a community of homes and they cannot live with a business that cannot be a good neighbor. In response to a question by Chairman Clark, Ms. Litty stated that most of the times when the kids see the police, they leave and on one occasion there were so many kids there that the Police brought in a paddy wagon. Lael Collins, 409 Fairview, said that she is not there to speak against the proposed use. She said that hearing what the neighbors say, it seems like they are very angry that their property abuts a commercial property and they are angry that Shakey's is there. She said that their anger should not stand in the way of this business improving itself. She said that if these machines are for younger children, the older kids would not be interested in going into some place with younger children. Arcadia City Planning Commission 9/23/92 Page 2 Wayne Clayton, 210 E. Sycamore, their property is to the west of the subject site. He was against the proposed addition of game machines. He concurred with comments made by his neighbors. He felt that the more business they conduct, the more the noise will be. Mr. Miller stated that there will be another hearing before the Business License Review Board. This approval or denial will not change Shakey's doing business in the community. Ed Litty, 236 Sycamore, said that Shakey's only has a store manager there. He said that prior to coming to tonight's hearing, he stopped at Shakey's and in his opinion there isn't enough room in there to put that many game machines. He said that there are approximately 10 video games there and he did not think that those were for small children. He wondered if those would be removed. He also talked about the problems that they have had as residents with the patrons of this restaurant. Sona Haifi, 226 E. Sycamore, said she is speaking for her parents and that they agree with their neighbors. There have been many problems. In rebuttal, Mr. Clark said that they are not entirely responsible for all of the things that have taken place in the past. Their parking is primarily community parking and it is shared with Ralph's Grocery and other restaurants and uses in the center. He remarked that in general, when there are gatherings of people, there will always be a certain percentage that will cause problems. He said that a large portion of what they are trying to do is to clean up that area. They do not want to become a hang out. He said that if there are problems with the people that come to the center, Shakey's might be responsible for only a small percentage and the blame should be disbursed among the other uses in the center. Bill Stepanek, 3813 Durbin, Irwindale, spoke briefly about the background of the company and talked about the future of Shakey's. He stated that the games there will not be video games, rather it will be for small children. Like Chuck E. Cheese's, children will be able to win prizes based on the number of tickets that they win. He stated that they do not have a juke box. They have a room in the back that has some games. They have a sign that states that an adult should accompany kids and that rule is enforced. No one else spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Hedlund to to close the public hearing. The motion passed by voice vote with none dissenting. In response to a question by Commissioner Daggett, Chairman Clark stated that the Commission is to decide whether to grant a CUP for amusement games and anything else beyond that is not relevant to the specific agenda item. Mr. Miller said that there is Business License hearing subsequent to this one, which many of these issues will be addressed. The Police Chief will be participating at that hearing. He also noted that because it is a CUP, the Commission can address the health and welfare of the neighborhood, which is relevant. He sympathized with their concerns and emphasized that the City has a very strong Business License ordinance. He said that if problems such as the ones mentioned have been documented and brought into the attention of the Police Dept. and then to the City Attorney's Office, the City can take action to revoke the business license. The City has in the past taken action to revoke business license that had disruptive conduct from patrons of a specific business that occurred outside of the business. In his experience with the City, he has never handled a problem with Shakey's and they have had to close down several business for problems that were committed by their customers in parking lots. In addition to the CUP, there will be entertainment hearings having to do with the game machines, which the Police Dept. will participate and would deal with many of these problems and concerns. Arcadia City Planning Commission 9/23/92 Page 3 Commissioner Hedlund said that as long as there is a condition that the games are for children up to ten years old, he would be in favor of the request. Chairman Clark said that the staff report states, that there will be a playground for small children as well as games to appeal for children of all ages, which would be inclusive of the existing games. He said that he was also very sympathetic with the neighbors, and remarked that the problem may be increased by the addition of these games. He felt that Shakey's bears some responsibility for policing that parking lot that immediately abuts their business. He commented that if parents that come in there allow their children to run around in the parking lot, that needs to be addressed. Staff said that the neighbors can be notified of the Business License hearing and explained the requirement that the hearing has to be notified in a local newspaper. Chairman Clark asked that the neighbors leave their names and addresses so they will be notified of the date and time of the hearing. Commissioner Daggett said that based on the letter which was submitted, it seems that the problems have been existing for some time and he could not see a reason to deny the request. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to approve CUP 92 -010 subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Daggett, Hedlund, Clark NOES: None ABSENT: Commissioners Amato and Huang Mr. Woolard remarked that there is a resolution on the agenda for this project that could be adopted and the appeal period would be to Wednesday, September 30, 1992. Mr. Miller said that because of the change, when the resolution is adopted, the motion should be with direction to staff to include the added condition and then have the resolution certified. Chairman Clark noted that there is a five working day appeal period. AUDIENCE PARTICIPATION None RESOLUTION 1489 Mr. Woolard read the title of the resolution. MOTION A resolution granting CUP 92-009, to include seating and tables for 12 persons in the fish market located at 50 W. Las Tunas Dr. It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to adopt Resolution 1489 , and to formally affirm the decision of September 8, 1992 and the vote thereon. Arcadia City Planning Commission 9/23/92 Page 4 ROLL CALL: AYES: Commissioners Daggett, Hedlund, Clark NOES: None ABSENT: Commissioners Amato and Huang RESOLUTION 1490 A resolution granting CUP 92 -010 to install approximately 25 redemption games and amusement machines in an existing family restaurant at 245 E. Foothill Blvd. Mr. Woolard read the title of the resolution with the revision of Section 3, adding Condition 11: 11. That the applicant provide evidence that the machines are intended for children of 2 -10 years olad and that they be subject to approval by the Planning Director. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Hedlund to adopt Resolution 1490 , and to formally affirm the decisions of September 23rd, 1992 and the vote thereon. ROLL CALL: AYES: Commissioners Daggett, Hedlund, Clark NOES: None ABSENT: Commissioners Amato and Huang Chairman Clark indicated that there is a five working day appeal period. MATTERS FROM COUNCIL None MATTERS FROM COMMISSION Commissioner Daggett stated that a presentation was made to City Council regarding the potential refurbishment of the City Hall. MATTERS FROM STAFF Mr. Woolard said that the meeting should be adjourned to 6:00 p.m., September 29th, which is the joint Planning Commission /City Council meeting. ADJOURNMENT 8:20 p.m. to September 29, 1992 II r /. f ' A Secretary, Arcadia Planning Commission Arcadia City Planning Commission 9/23/92 Page 5