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HomeMy WebLinkAbout8-24-93Planning Commission proceedings are taped recorded and on file in the office of the Planning Dept. MINUTES ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Tuesday, August 24, 1993 The Planning Commission of the City of Arcadia met in regular session on Tuesday, August 24, 1993 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: ABSENT: MOTION Commissioners Amato, Daggett, Huang, Clark Commissioner Hedlund It was moved by Commissioner Amato, seconded by Commissioner Daggett to excuse Commissioner Hedlund from tonight's meeting. The motion passed by voice vote with none dissenting. MINUTES It was moved by Commissioner Amato, seconded by Commissioner Huang to approve the Minutes of July 27, 1993. The motion passed by voice vote with none dissenting. OTHERS ATTENDING: Acting Planning Director Donna Butler Senior Planner Corkran Nicholson Assistant Planner William Stokes Secretary Silva Vergel PUBLIC HEARING TPM 93-003 400 S. Baldwin Ave. Santa Anita Fashion Park Mall The Hahn Co. and Santa Anita Realty Ent., Inc. Consideration of a tentative parcel map to create two new parcels and to redefine the parcel lines of two existing parcels for the expansion of the Santa Anita Fashion Park Mall. The staff report was presented. Staff said the redefining of the lot lines add more square footage to the mall site. The public hearing was opened. Tom Adams, 4350 La Jolla Village Dr., San Diego, representing the Hahn Co., said with the exception of condition 2 dealing with reciprocal easement agreement (REA), they are in agreement with all of the conditions in the staff report. He indicated that without the approved final parcel map, they will be unable to get the REA, and he asked for 120 days after the parcel map is approved to get the REA. Arcadia City Planning Commission 8/24/93 Page 1 MOTION It was moved by Commissioner Amato, seconded by Commissioner Daggett to close the public hearing. The motion passed by voice vote with none dissenting. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Amato to approve TPM 93 -003 subject to the conditions in the staff report with the amendment to condition 2 to read: 2. That a reciprocal easement agreement in a form and content approved by the City Attorney shall be executed within 120 days from the recordation of the parcel map to insure that all driveways and parking areas are maintained for all uses on the site. ROLL CALL: AYES: Commissioners Amato, Daggett, Huang, Clark NOES: None ABSENT: Commissioner Hedlund Chairman Clark noted that there is a ten day appeal period. PUBLIC HEARING MC 93 -035 1030 S. Sixth Ave. Cletus Verlato Consideration of an appeal of the Modification Committee's denial of a request to construct an 800 square foot detached four -car garage on a lot with two non conforming single - family dwellings in the R -1 zone. The staff report was presented and the public hearing was opened. Cletus Verlato, 1509 Highland Oaks, said the property is very large and there is approximately 90' of unused lot behind the furthest building on the property. He intends to build the garage in this back area. Presently his tenants park in the front yard and he would like to have the cars removed from there and have them park it away from the street, so it is not visible. His tenants complain that they are unable to park their cars in the garage now, because they are utilizing the existing garage as storage and by building a 4 -car garage at the back of the property, they would be encouraged to park back there, thus improving the street scene. His property does not comply with existing regulations and as far as providing covered parking, it is substandard. He did not think his request was unreasonable, especially because he will be removing the unsightly cars from the front yard, where they won't be visible. If his request is approved, he will be providing "more than" what the Code requires, rather than the present situation which is "less than" the requirement. Ms. Butler stated the large dwelling in the rear with a one -car garage can be expanded because it is the main dwelling, however, the front building cannot be expanded. Commissioner Huang remarked that Mr. Verlato seems to have good intentions but how can he require his tenants to park in the garage? Mr. Verlato, replied by saying that right now when he asks his tenants to park in the garage, their excuse is that there is no room in the garage because it is utilized as storage, but by providing this 4 -car garage, they can begin parking their cars there. Arcadia City Planning Commission 8/24/93 Page 2 Chairman Clark thought there are other alternatives to providing a 4 -car garage, such as paving an area that is much closer to the house or providing a carport which would cost much less. Presently, the tenants park their car near the home, how can Mr. Verlato guarantee that they will park in the new garage which is much further away from the house than the existing parking situation? Mr. Verlato said that he would like to do the right thing and bring the property up to the present standards. Although Chairman Clark's recommendation makes sense, by providing a carport, he would not be bringing the property up to Code. David Stringer, 1029 Encino, spoke in opposition and explained that by placing the garage in the back of the property, it opens the door for the tenants to do auto work. Because the garage is so far away from the buildings on the lot, the noise created would not disturb them but it would bother the surrounding neighbors who are closer to this building. He felt that tenants would tend to utilize this new building as storage and would continue to park in the front, because it is more convenient and closer to their homes. He said if this was approved, it would set a precedent and most of the lots on Sixth Ave. would then be able to do the same. In rebuttal, Mr. Verlato said the rear of this property is not utilized and he felt by providing the new garage, he would be removing the cars from the front and improve the neighborhood. MOTION It was moved by Commissioner Amato, seconded by Commissioner Daggett to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Huang said he was the Chairman at the Modification Committee, and he did not want to set a precedent. Commissioners Amato and Daggett agreed. Chairman Clark thought there are other and better alternatives. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Amato to deny MC 93 -035. ROLL CALL: AYES: Commissioners Amato, Daggett, Huang, Clark NOES: None ABSENT: Commissioner Hedlund Chairman Clark noted that there is a five working day appeal period. PUBLIC HEARING TA 93-004 Consideration of a text amendment to the Arcadia Municipal Code, adding regulations governing karaoke uses including requiring a conditional use permit for all karaoke sing - alongs businesses. The Staff report was presented. Staff said there has been gang activities, prostitution and other illegal activities associated with these type of businesses. Arcadia City Planning Commission 8/24/93 Page 3 The public hearing was opened. Dave Hinig, Arcadia Police Captain, said there have been several shootings directly attributed to the facilities that have private rooms. These rooms encourage gang attendance and their presence is felt. It allows them to gather and plan criminal activities. Prostitution and drug activities have been attributed to these businesses. In one of the shootings, although the actual shooting did not take place inside the private rooms, it took place adjacent to it. Commissioner Daggett said his understanding of karaoke is that there are two types, one is where the people sing in front of the whole crowd and the other is in private booths similar to a private studio. He said that in one trade journal one company sets up private rooms with seethrough doors in shopping centers and asked if the Police Dept. would be in favor of that? He was concerned with denying this type of businesses altogether because of a couple of incidences. Capt. Hinig said the existing businesses in the City have seethrough windows and doors but that does not alleviate the problem. In order to prevent criminal activities from these private rooms, there would have to be a security guard stationed at each room. These private rooms have been frequented by Asian gangs and it allows them to plan their criminal activities which the City would like to discourage. The City does not want to discourage a family type environment and is strict with enforcing the curfew. The ABC has moved to revoke the liquor license of the Kumquat Tree because undercover agents discovered liquor being served in tea cups to minors on several occasions. It is very costly and time consuming to provide undercover agents for each of these facilities to monitor the establishment. He said the private rooms provide an opportunity for illegal activities which is what the Police Dept. would like to eliminate. By prohibiting them in the City, it discourages gang presence and they are not interested in Arcadia and they move to other cities where private rooms are permitted. In response to comments made by the Commission, Capt. Hinig stated that condition 5 provides better visibility and monitoring capabilities for the Police and Code Enforcement officers. Commissioner Huang said that he goes to Karaoke clubs with his friends and they enjoy the private rooms and they would stop going if the private rooms were prohibited. He did not want to be too restrictive and thought private rooms should be permitted with glass doors and windows, where it would be completely visible. Capt. Hinig said the glass doors and windows do not eliminate the problem. The Kumquat Tree has glass doors and windows, yet there have been many incidences of criminal activities such as the serving of alcohol to minors and disguising them in tea cups. The criminal activities are as a direct result of the illegal alcohol consumption at these establishments. The Police has not impacted legitimate businesses frequented by patrons for entertainment, however, there have been unfortunate incidences which involved gang presence that has prompted the Police concern. It is a fallacy to think that glass doors and windows will eliminate the problems. He went on to say that the Police has to put public safety first and how this type of a business will impact the family entertainment is secondary. In trying to balance that with the criminal activities, public safety is the most important issue. Although this type of a business is fairly new, its past history has been tainted with criminal activities. Commissioner Huang suggested eliminating alcohol and the presence of youngsters which would hopefully achieve publiE safety and would discourage gang presence. He thought that by eliminating the private rooms, the City will be killing the opportunity for family entertainment. Capt. Hinig said eliminating alcohol is an interesting idea but it is difficult to identify gang members because the Police does not know who is in a gang until after the fact. He remarked that Arcadia is an exclusive community and they would like to maintain the high quality of life and safety that the residents are used to. Arcadia City Planning Commission 8/24/93 Page 4 Staff remarked that this use is new and the staff report was derived from Police reports. Chairman Clark wondered if there could be a moratorium to allow the City to observe what other cities are doing instead of adopting an ordinance which might be too restrictive. He thought the City should take advantage of other cities' experiences before implementing this new text amendment. Ms. Butler indicated that there is a moratorium now but the City Attorney can advise if the length of time it can be extended. Capt. Hinig said the Asian gang problem in the San Gabriel Valley is on the increase and something should be done to protect the City. In other communities, the gang situation is not diminishing and most are experiencing similar problems. Each case takes many under cover police officers and man hours that should be directed elsewhere. The gang problem is difficult to deal with and it should be addressed. Chairman Clark agreed that public safety comes first. Commissioner Huang suggested postponing any decision until more information is available. No one spoke in favor or in opposition to this item. MOTION It was moved by Commissioner Amato, seconded by Commissioner Daggett to close the public hearing. The motion passed by voice vote with none dissenting. MOTION It was moved by Commissioner Amato to continue the hearing to September 14th to allow for more information. Ms. Butler remarked that by extending the moratorium, more information will not become available, it will allow the City more time to consider the text amendment. The City Council will have the ultimate decision whether to extend the moratorium. The motion failed due to a lack of a second. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Amato to recommend approval of TA 93-002 to the City Council. ROLL CALL: AYES: Commissioners Amato, Daggett, Clark NOES: Commissioner Huang ABSENT: Commissioner Hedlund AUDIENCE PARTICIPATION None Arcadia City Planning Commission 8/24/93 Page 5 MA 1 "1IJRS FROM COUNCIL None MATTERS FROM COMMISSION None MATTERS FROM STAFF Ms. Butler updated the Commission on the latest developments with the merging of the Planning, Building, Code Enforcement and Redevelopment departments and creating one Community Development Department inclusive of all of the above. She informed the Commission of the City's progress in hiring the new Community Development Director. ADJOURNMENT 9:00 retary, Arcadia.4""lin Commission Arcadia City Planning Commission 8/24/93 Page 6