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HomeMy WebLinkAbout4-24-12MINUTES ARCADIA PLANNING COMMISSION Tuesday, April 24, 2012, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, April 24, 2012, at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Baerg presiding. PLEDGE OF ALLEGIANCE Chairman Baerg led the Pledge of Allegiance. ROLL CALL PRESENT: Commissioners Baderian, Beranek, Chiao, PerriIle and Baerg ABSENT: None OTHERS ATTENDING City Councilman, John Wuo Assistant City Manager /Development Services Director, Jason Kruckeberg City Attorney, 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, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama directed attention to additional information regarding Items 1, 2, 3 and 6 which was distributed to each Commissioner. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON- PUBLIC HEARING MATTERS — Five - minute time limit per person There were none. PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. CUP 12 -02 401 E. Santa Clara Street — Extended Stay America Timothy B. McOsker of Mayer Brown, LLP — Representing HVM, LLC Continued from March 27, 2012 The applicant is requesting an amendment to Conditional Use Permit No. CUP 97 -002 (Arcadia Planning Commission Resolution No. 1545) to revise the operational conditions of approval. RESOLUTION NO. 1851 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 12 -02 to revise the operational conditions of approval of the Conditional Use Permit (CUP 97 -002 / Resolution No. 1545) that approved the existing hotel at 401 East Santa Clara Street RECOMMENDATION: Conditionally approve Conditional Use Permit No. CUP 12 -02 and adopt Resolution No. 1851 Mr. Kasama presented the staff report. Chairman Baerg asked if anyone would like to speak in favor of this project. Mr. Tim McOsker of Mayer Brown represented the applicant. Mr. McOsker said that the applicant is satisfied with the changes made to the conditions of approval providing indemnity to the City going forward except for the Spencer case which is ongoing. Chairman Baerg asked if anyone would like to speak in opposition to this project. There were none. MOTION It was moved by Commissioner Perri lle, seconded by Commissioner Beranek to dose the Public Hearing. Without objection the motion was approved. Commissioner Beranek asked Mr. Deitsch if he would like to add a comment. Mr. Deitsch explained that he continues to recommend the original language of condition 10 as presented at the March 27 meeting but that the Commission has the option to amend it and approve the revised version. MOTION It was moved by Commissioner Baderian, seconded by Commissioner Perrille to approve Conditional Use Permit No. CUP 12 -02 subject to the conditions in tonight's staff report and to adopt Resolution 1851. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, PerriIle and Baerg NOES: None There is a five (5) working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Tuesday, May 1, 2012. PC MINUTES 4-24-12 Pam 2 2. CONDITIONAL USE PERMIT NO. CUP 11 -10 511 S. First Ave., Suite D Christopher Shen and Yihsuan Ho The applicant is requesting a Conditional Use Permit with a parking modification for a tutoring center with a maximum of 18 students (grades 6 -12) in an existing 1,030 square - foot commercial unit. RECOMMENDATION: Conditionally approve Conditional Use Permit No. CUP 11 -10 Ms. Flores presented the staff report. Commissioner PerriIle asked if the parking deficiency would be subject to change if the property use were to change and Ms. Flores confirmed that it would. Commissioner Baderian noted that the staff report says there will be no more than 18 students and three staff members present at a time and he asked if all the students might be of driving age. Ms. Flores agreed that they might all be old enough to drive but pointed out that the parking plan is based on a pick -up and drop-off system. She also said that during the summer months fewer students would be enrolled. Chairman Baerg asked if anyone would like to speak in favor of this project. Mr. Christopher Shen, co -owner of Rise Up Academy, said that the business began as a one - on-one tutoring and counseling service. Now that the business has grown, Mr. Shen said they wanted to be sure that they had the correct permits to operate legally in the City. Chairman Baerg asked if anyone would like to speak in opposition to this project There were none. MOTION It was moved by Commissioner Beranek, seconded by Commissioner Chiao to close the Public Hearing. Without objection the motion was approved. MOTION It was moved by Commissioner Beranek, seconded by Commissioner Chiao to approve Conditional Use Permit No. CUP 11 -10, subject to the conditions in the staff report. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, Parrille and Baerg NOES: None A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. PC MINUTES 4-24-12 Pape 3 3. CONDITIONAL USE PERMIT NO. CUP 12 -03 48 E. Huntington Drive John Kirimis, Property Owner The applicant is requesting a Conditional Use Permit for a restaurant with alcoholic beverage service and live entertainment at the existing 2,700 square -foot commercial space at 48 E. Huntington Drive (formerly Bar Twist). RECOMMENDATION: Conditionally approve Conditional Use Permit No. CUP 12 -03 Mr. Schwehr presented the staff report. Commissioner PaniIle said that the staff report recommends separate entertainment permits and asked for examples of types of entertainment permits. Mr. Schwehr said examples would include live bands with either acoustic or electronic music as opposed to DJs and dancing, or even comedy shows. Commissioner Baderian pointed out that condition no. 3 prohibits DJ music and dancing but live bands would be allowed with a permit. Mr. Schwehr explained that most of the problems with the former tenant, Bar Twist, centered around DJs and dancing so those activities were curtailed. Commissioner Beranek asked about the application process for an entertainment permit. Mr. Kasama said that the application would be processed by the Business License Officer and reviewed by the Police and Fire Departments. If approved, the permit is usually issued with conditions and for a specific time period. The process takes anywhere from a few days to a few weeks, depending on how much time Fire and Police need for their review. If the activity is ongoing, a Conditional Use Permit would be required. Chairman Baerg asked why a jukebox would not be acceptable but live music would. Mr. Kasama explained that live music performances would be subject to the entertainment permit process which could potentially include the imposition of conditions of approval whereas a permitted jukebox is available for use by the patrons without any restrictions. Commissioner Perri Ile asked if the hours for performances are restricted by the Municipal Code. Mr. Kasama said that the Code has permit requriements that apply to live entertainment. He also said that the occupancy of the restaurant is determined by the Fire Marshal and that attendence control could be required at the door when a large crowd is expected. Commissioner Baderian asked if music could be prohibited altogether and Mr. Schwehr said that the elimination of all live entertainment had been discussed with the applicant. Commissioner Chiao said that the applicant is requesting exclusion from full meal service at certain times. Mr. Schwehr explained that the restaurant staff needs time to close the kitchen during the last hour of operation so dinner is not served although drinks are still available. He said that this is in keeping with conditions imposed on other restaurants in the area. Commissioner Chiao said that it might be a good idea to hire some type of service company to control the trash and property maintenance issues that occurred with the last tenant. PC MINUTES 4-2412 Pace 4 Chairman Baerg asked if anyone would like to speak in favor of this project Mr. John Kirimis, the property owner, said that he has been in the restaurant business for many years and that if no tenant is found, he will open and operate the restaurant himself. Mr. Kirimis stated that because of the concerns expressed by the neighbors he is withdrawing his request for live entertainment as well as DJ music and dancing. He stated that most of the conditions are reasonable although a few are not practical. For example, the condition requiring full meal service during all operating hours is not practical. He said that it is a standard practice in restaurants to stop serving dinner at least a half hour before closing and in this case he is requesting an hour and a half. This allows the staff time to clean up and allows the patrons in the restaurant some time to finish their meal. Mr. Kirimis assured the Commissioners that the neighbors will be happier to have the restaurant open and properly managed than for the property to remain vacant. Commissioner Baderian asked for clarification of the hours for dinner. Mr. Kirimis said that on Sunday through Wednesday, dinner would not be served after 9:30 p.m. and Thursday through Saturday, dinner would not be served after 10:30 but drinks would be served until closing. Commissioner Baderian asked Mr. Kirimis if he is withdrawing his request for music of all types. Mr. Kirimis said that he would like to retain the option to provide some type of background music. Chairman Baerg asked if anyone would like to speak in opposition to this project. Mr. Joe Kovalik said that he lives on Alta Street and has been a victim of Bar Twist. He complained of property damage caused by Bar Twist's customers along with loud music and fighting. Mr. Kovalik said he had called police to report these incidents. Commissioner Baderian asked Mr. Kovalik if he would be satisfied if dancing and DJ music were prohibited. Mr. Kovalik said that a nice restaurant would be a welcome neighbor but he objects to a night club. Mr. Scott Hettrick represented the business members from the Arcadia Chamber of Commerce and the Downtown Business Association. Mr. Hettrick agreed that a restaurant would be preferable to a bar but had concems since Bar Twist was originally supposed to be a restaurant but it never really was. He said he wanted to be assured that the conditions imposed could be enforced and that he appreciated the applicant's offer to withdraw his request for live entertainment Mr. William Lee said that he lives near the site and found that the previous tenant ran a very noisy and disruptive business. He said he feels that this site is not appropriate for a restaurant. Mr. Selam Wong said that he also lives on Alta St. and past tenants at the location have been a problem for him and his neighbors. He is concemed with drunk drivers, trash, noise and generally unruly behavior. He asked the Commission to restrict alcohol, dancing and DJ music in this area. He said he could accept a restaurant but that serving alcohol after 10:00 p.m. brings trouble. PC MINUTES 4-2412 Paae 5 Mr. Andy Lee also lives on Alta St. and is strongly opposed to this project. He referred to letters from neighbors also opposed to the project. Mr. Lee said that even before Bar Twist applied for a permit for DJ music and dancing and only had a license for alcohol, there were disruptive situations. He said that in the past he has called the Police Department about the noise and they told the business operator to keep the door closed but as soon as the Police left, the door was opened again. Chairman Baerg noted that Mr. Lee referred only to the prior tenant and asked Mr. Lee if he had any comments regarding the application in question. Mr. Lee said he was pleased that the applicant had withdrawn his request for live entertainment but he is still concemed that it might be difficult to enforce the conditions that limit the business to a restaurant as opposed to a night club. Chairman Baerg asked the applicant if he would like to speak in rebuttal. Mr. Kirimis promised to run the business as a restaurant with no live entertainment and only soft background music. He said he understands the frustration of the neighbors and he assured them that he would abide by all conditions. MOTION It was moved by Commissioner Parri lle, seconded by Commissioner Baderian to close the Public Hearing. Without objection the motion was approved. Commissioner Baderian noted a parking deficiency of 25 spaces but Chairman Baerg pointed out that there is a large public parking lot nearby. Chairman Baerg suggested that when a tenant is acquired, Code Enforcement should follow up on compliance with conditions. Commissioner Baerg asked if Condition No. 3 should be modified to reflect the withdrawal of the applicant's request for live music. Commissioner Baderian agreed that DJ's and live bands should be prohibited but that the owner expressed an interest in background music. Commissioner Parri lle pointed out that other businesses on Huntington Drive, like the Derby Restaurant, have music. He said that all music is not to be prohibited, only certain types. For example, a piano player or guitarist or that type of performance could be allowed as background music. Chairman Baerg suggested allowing only a single instrument. Commissioner Baderian asked about revising the wording for Condition No. 3. Mr. Deitsch suggested the following: DJ music, juke boxes live entertainment and dancing shall be prohibited at this location provided, however, that restaurant background music disseminated through a speaker system or solo, non - electric, instrumental and non -vocal music shall be permitted. MOTION It was moved by Commissioner Baderian, seconded by Commissioner Parrille to approve Conditional Use Permit No. 12 -03, subject to the conditions in the staff report, with Condition No. 3 amended to include the phrase: DJ music, juke boxes, live entertainment and dancing shall be prohibited at this location provided, however, that restaurant background music disseminated through a speaker system or solo, non - electric, instrumental and non -vocal PC MINUTES 4-24-12 Page 6 music shall be permitted. Staff is also directed to add follow up by Code Enforcement Officers on compliance with litter and noise regulations within 90 days of a new tenant taking over the business. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, Perri Ile and Baerg NOES: None 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. MODIFICATION APPLICATION NO. MP 12 -02, SINGLE- FAMILY ARCHITECTURAL DESIGN REVIEW NO. SF ADR 11 -110 AND OAK TREE ENCROACHMENT PERMIT NO. THE 11 -36 1560 Hyland Avenue Jeremy Taylor (designer on behalf of property owners, Cynthia and Evan Pan) The applicants are requesting the following Modifications, Architectural Design Review, and Oak Tree Encroachments to add to and rebuild an existing 2,075 square -foot, one -story, single - family residence for a 2,785 square -foot, one -story residence with a 691 square -foot, attached, two -car garage, and two, attached, covered decks with a total area of 465 square feet, and a 600 square -foot, detached recreation room: A. A 37' -1" front (northerly) yard setback in lieu of the 39' -0" average of the two nearest front yards (1616 & 1620 Hyland Ave.) for a 330 square -foot bedroom with study area addition. B. A 7' -9W rear (southerly) yard setback in lieu of 25' -0" for a 652 square -foot, attached, two-car garage, a 102 square -foot home office, and a 318 square -foot covered deck. C. A 17'- 103/4" rear (southerly) yard setback in lieu of 25' -0" to retain a portion of the existing family room, and an approximately 19' -0" rear yard setback in lieu of 25' -0" to retain a portion of the existing study and living room. D. An 18' -9W street -side (westerly) yard setback in lieu of 25' -0" for a 652 square -foot, attached, two-car garage. E. A 12' -33/4" interior -side (easterly) yard setback in lieu of 17' -9" for an apparent, two-story height, 57 square -foot den and 315 square -foot master - bedroom. F. A 3' -3" rear (southerly) yard setback in lieu of 5' -0" and a 3'-41A" interior -side (easterly) yard setback in lieu of 8' -11" to remodel an existing 600 square -foot, detached, accessory building into a recreation room with a 34-bathroom. G. Approximately 1,600 square -feet of rear -yard coverage in lieu of 925 square feet for portions of the new garage, office, covered deck, existing dwelling, and the detached recreation room. PC MINUTES 42412 Paae 7 H. An oak tree encroachment permit for encroachments into the dripline of four (4) Coast Live Oak trees. RECOMMENDATION: Denial of Modification Application No. MP 12-02, Single- Family Architectural Design Review No. SF ADR 11 -110 and Oak Tree Encroachment Permit No. THE 11 -36 Mr. Li presented the staff report. Commissioner Beranek asked how this application reached this stage in the process if it did not meet design guidelines. Mr. Li explained that staff requested changes from the applicant but the applicant was reluctant to incorporate those suggestions. Chairman Baerg asked if the massing and inconsistencies with the design guidelines are staffs main concems. Mr. Li said those issues coupled with the lack of compatibility with the existing neighborhood are the problem. Commissioner Baderian noted that several of the modification requests seem to involve very small discrepancies in measurements and he asked if these minor issues could be resolved. Mr. Li explained that the applicants were unwilling to modify the original design. Chairman Baerg asked if anyone would like to speak in favor of this project. Mr. and Mrs. Pan, the owners, said they purchased the property in 2008 and that the odd shape of the lot and the placement of mature trees made the property difficult to develop. They said that their objective was to keep the trees and to maintain the mid - century ranch style of the house. They said they met with the neighbors and all of them are supportive. Mr. Jeremy Taylor, the architect, explained that because the lot is on a cul -de -sac and there are several old oak and sycamore trees in the front yard, there is not much room to build. He said that adding a second story wasn't an option because of the trees. Commissioner Baderian noted that eight modifications are being requested. He said that since some of these modifications are very minor it appears that the applicant is unwilling to compromise to meet City requirements. Commissioner Baderian suggested that, under the circumstances, the applicant and staff should meet again and try to work out an acceptable design. Chairman Baerg agreed that the applicant and staff should meet again to try to reach a solution. Mr. Wallace Qua said he lives directly across the street from Mr. and Mrs. Pan and that he has seen many changes in the years that he has lived in the neighborhood. He explained that the house is located on the inside curve of the street and that, along with the placement of the trees limits their design options. He said the proposed design is the best solution. He said that Mr. and Mrs. Pan are good neighbors who always take care of the property and that the proposed design will not change the community and is a good solution to the design problems. PC MINUTES 42412 Page 8 Mr. Taylor provided the Commissioners with a list of signatures from the nearby neighbors supporting the project. Commissioner Baderian asked the applicant and staff how long it would take to revise the plans. Mr. Kasama suggesting allowing four weeks and Mr. Taylor agreed that would be adequate. Chairman Baerg asked if anyone would like to speak in opposition to this project There were none. MOTION It was moved by Commissioner Baderian, seconded by Commissioner Perri Ile to continue Modification Application No. MP 12 -02, Single- Family Architectural Design Review No. SF ADR 11 -110 and Oak Tree Encroachment Permit No. THE 11 -36 to May 22. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, Parri Ile and Baerg NOES: None DISCUSSION ITEM 5. RV PARKING Discussion regarding parking regulations and exceptions for recreational vehicles in single - family residential zones. RECOMMENDATION: Recommend approval to City Council Mr. Li presented the staff report. Chairman Baerg asked if the Commissioners had any questions or comments. Chairman Baerg noted that Item A restricts the number of cars that could be parked in the open to no more than four. He also noted that item B6 limited the number of hours an RV could remain parked in a driveway to 72 and asked if a homeowner could obtain a permit to extend that time limit. Mr. Li said that the Commission could consider that option. Commissioner Baerg asked what defines an "approved paved surface" as in item 8. Mr. Li said that means a surface that complies with the Municipal Code. Mr. Dietsch explained that the Commission's objective is to provide staff with direction to develop regulations to be reviewed at a public hearing. Once the Commissioners are satisfied, their recommendation will be forwarded to the City Council for review. Chairman Baerg said he would like to see some provision for a permit to extend the time allowed for RV parking. PC MINUTES 4-24-12 Paae 9 Commissioner Dietsch ex asked that notice swould be published in the newspaper at least change. Mr. Dietsch explained 10 days in advance of the public hearing. MOTION It was moved by Commissioner Parriile, seconded by Commissioner Beranek to direct staff to incorporate the comments of the Commission and to return at a future meeting, to hold a public hearing to consider a recommendation to the City Council ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, PerriIle and Baerg NOES: None 6. TEXT AMENDMENT NO. TA 12-01 Discussion regarding zoning amendments to restrict certain uses in the downtown area to replace the former restrictions by the Redevelopment Agency. RECOMMENDATION: Provide direction Mr. Kasama presented the staff report. Chairman Baerg asked if the Commissioners had any questions or comments. Commissioner Beranek noted that the Text Amendment doesn't address personal services and tutoring centers. Mr. Kasama explained that clear direction has already been provided by the City Council in regard to those issues and this discussion is to clarify other issues to provide consistency in the zoning regulations. MOTION It was moved by Commissioner ParriIle, seconded by Commissioner Beranek to direct staff to incorporate the suggestions posed in the staff report, except that thrift stores and pawn shops should not be allowed in the CPD -1 and CBD zones. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, Perri lle and Baerg NOES: None CONSENT ITEM 7. MINUTES OF MARCH 27, 2012 RECOMMENDATION: Approve PC MINUTES 4-24-12 Paae 10 MOTION It was moved by Commissioner Chaio, seconded by Commissioner Beranek, to approve the minutes of March 27, 2012 as presented. ROLL CALL AYES: Commissioners Baderian, Beranek, Chiao, Perri Ile and Baerg NOES: None MATTERS FROM CITY COUNCIL & PLANNING COMMISSION Councilman John Wuo said he joined the City Council about a week ago and enjoyed a very nice installation. The Citizen of Year, Alice Wang gave a great speech. Councilman Wuo noted some upcoming events, including the Fire Department's pancake breakfast, a community bike ride and Law Day, which is co- sponsored by the City and the Chinese Association. He said the new City Manager had scheduled meetings for him with all Department Heads to acquaint him with the current status of City operations. MODIFICATION COMMITTEE AGENDA Chairman Baerg reported that the Modification Committee approved Item 1A and denied 1 B. Items 2 and 3 were also approved. MATTERS FROM STAFF & UPCOMING AGENDA ITEMS Mr. Kasama said that Modifications for a duplex at Third and El Dorado is tentatively scheduled for the next meeting, as well as the annual determination of consistency of the proposed Capital Improvement Program. The May 22 meeting will include the annual update of CEQA guidelines. ADJOURNED ATTES 8:59 q. m. Secre;,�:�' anning Commission Chaff ""'r� anning Co ' mission PC MINUTES 4-24-12 Pape 11