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HomeMy WebLinkAbout5-10-16 PC and BL Permit and Review Board AgendaCITY OF ARCADIA Any writings or documents provided to a majority of the Planning Commission and/or Business Permit and License Review Board regarding any item on this agenda will be made available for public inspection in the City’s Planning Services and Business License Offices located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. Arcadia Planning Commission Regular Meeting Agenda And Arcadia Business Permit and License Review Board Special Meeting Agenda Tuesday, May 10, 2016, 7:00 p.m. Location: City Council Chamber, 240 W. Huntington Dr., Arcadia 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 Planning Services 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. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: Ching Chiao, Chairman Zi Lin, Vice Chairman Kenneth Chan, Commission Member Deborah Lewis, Commission Member Brad Thompson, Commission Member SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to five (5) minutes per person, unless waived by the Planning Commission or Business Permit and License Review Board. Under the Brown Act, the Commission and Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. RECESS PLANNING COMMISSION MEETING RECONVENE AS BUSINESS PERMIT AND LICENSE REVIEW BOARD BUSINESS PERMIT AND LICENSE REVIEW BOARD HEARINGS All interested persons are invited to appear at a Business Permit and License Review Board Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the appellant (who may speak longer in the discretion of the Board) speakers shall be limited to five (5) minutes per person. The appellant may additionally submit rebuttal comments, at the discretion of the Board. You are hereby advised that should you desire to legally challenge in court any action taken by the Business Permit and License Review Board regarding any Hearing item, you may be limited to raising only those issues and objections you or someone else raised at the hearing or in written correspondence delivered to the Board at, or prior to, the hearing. Any writings or documents provided to a majority of the Planning Commission and/or Business Permit and License Review Board regarding any item on this agenda will be made available for public inspection in the City’s Planning Services and Business License Offices located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. 1. An appeal of a business license revocation for noncompliance with the City of Arcadia Municipal Code by Cash Box KTV at 612 E. Live Oak Avenue Appellant: Mr. Kevin Liu of CHH Law, PC, attorney for business owner Mr. Sitong Rong Recommended Action: Uphold Revocation and Deny Appeal There is a ten (10) day appeal period after the appellant receives notice of the approval/denial of the appeal. 2. An appeal of a business license revocation for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Spring Spa at 556 Las Tunas Drive, #204 Appellant: Ms. Chuwan Zhang, Business Owner Recommended Action: Uphold Revocation and Deny Appeal There is a ten (10) day appeal period after the appellant receives notice of the approval/denial of the appeal. 3. An appeal of a business license revocation for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Qiu Xia Liu, Massage Therapist at Royal Massage at 149 E. Huntington Drive Appellant: Qia Xia Liu, Massage Therapist Recommended Action: Uphold Revocation and Deny Appeal There is a ten (10) day appeal period after the appellant receives notice of the approval/denial of the appeal. ADJOURN BUSINESS PERMIT AND LICENSE REVIEW BOARD MEETING RECONVENE PLANNING COMMISSION MEETING PLANNING COMMISSION PUBLIC HEARINGS All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer in the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court any action taken by the Planning Commission regarding any Public Hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Any writings or documents provided to a majority of the Planning Commission and/or Business Permit and License Review Board regarding any item on this agenda will be made available for public inspection in the City’s Planning Services and Business License Offices located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. 4. Appeal of the Planning Services approval of Administrative Architectural Design Review No. Admin ADR 16-24 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for new paint colors for an existing 18-unit, residential condominium complex at 816-818 West Naomi Avenue Appellants: Ms. Kathy Van Karnes, President on behalf of the 810 West Naomi Homeowners Association Applicant: Golden West Naomi Homeowners Association Recommended Action: Deny appeal and uphold approval There is a five working day appeal period after the approval/denial of the appeal. Appeals are to be filed by 5:30 p.m. on Wednesday, May 18, 2016. 5. Resolution No. 1962 – Approving Conditional Use Permit No. CUP 15-13 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a tutoring business for up to 84 children in a 2,654 square-foot, commercial tenant space at 9 Las Tunas Drive Applicant: Ms. Eileen Li Recommended Action: Approve and Adopt Resolution No. 1962 There is a five working day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Wednesday, May 18, 2016. 6. Modification No. MP 16-01 and Oak Tree Encroachment Permit No. TRE 16-03 with a Class 5 Categorical Exemption from the California Environmental Quality Act (CEQA) for a new 12,490 square-foot, two-story residence with first-story side yard setbacks of 16’-0” and 15’-0” in lieu of 36’-7” required; and second- story side yard setbacks of 30’-0” and 46’-0” in lieu of 73’-3” required at 901 Fallen Leaf Road Applicant: Mr. Tim Barber, Architect Recommended Action: Conditional Approval There is a five working day appeal period after the approval/denial of the applications. Appeals are to be filed by 5:30 p.m. on Wednesday, May 18, 2016. 7. Resolution No. 1963 – Approving Conditional Use Permit No. CUP 16-03 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to allow a 5,300 square-foot, boutique wine and spirits store with a tasting room and occasional live entertainment in an existing 15,413 square-foot, commercial- industrial development at 103 E. Santa Clara Street Applicant: Mr. Charles Tran Any writings or documents provided to a majority of the Planning Commission and/or Business Permit and License Review Board regarding any item on this agenda will be made available for public inspection in the City’s Planning Services and Business License Offices located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. Recommended Action: Approve and Adopt Resolution No. 1963 There is a five working day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Wednesday, May 18, 2016. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 8. Determination and finding that the proposed Capital Improvement Program for Fiscal Year 2016-17 is consistent with the General Plan. Recommended Action: Approve 9. Minutes of the April 12, 2016, Regular Meeting of the Planning Commission. Recommended Action: Approve MATTERS FROM CITY COUNCIL LIAISON MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM MODIFICATION COMMITTEE MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, May 24, 2016, at 7:00 p.m., in the City Council Chamber at 240 W. Huntington Drive Arcadia. Any writings or documents provided to a majority of the Planning Commission and/or Business Permit and License Review Board regarding any item on this agenda will be made available for public inspection in the City’s Planning Services and Business License Offices located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. Welcome to the Arcadia Planning Commission and Arcadia Business Permit and License Review Board Meeting! The Planning Commission and Board encourage public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chamber. The Board meets on an as-needed basis. A full Planning Commission/Board agenda packet with all backup information is available at City Hall, the Arcadia Library, and on the City’s website at www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission and/or Board after the posting of this agenda will be available for review at the Planning Services and Business License Offices in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission and Board (when applicable) meetings. Time is reserved at each meeting for those in the audience who wish to address the Planning Commission and/or Board. The City requests that persons addressing the Planning Commission and/or Board refrain from making personal, slanderous, profane, or disruptive remarks. Where possible, please submit a Speaker Card prior to your comments, or simply come to the podium when the Chairman asks for those who wish to speak, and state your name and address (optional) for the record. Please provide a copy of any written materials used in your address to the Planning Commission and/or Board as well as a copy of any printed materials you wish to be distributed to the Planning Commission and/or Board. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given five (5) minutes to address the Planning Commission and/or Board; however, the Chairman, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Commission and/or Board. By State law, the Planning Commission and Board may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. MATTERS ON THE AGENDA should be addressed when the Planning Commission and/or Board considers that item. If applicable, please indicate the Agenda Item Numbers(s) on the Speaker Card. Your name will be called at the appropriate time and you may proceed with your presentation within the five (5) minute time frame. The Chairman, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission or Board. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission or Board), speakers shall be limited to five (5) minutes per person. The Chairman, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission or Board. The applicant or appellant may also be afforded an additional opportunity to submit rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission and/or Board. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission and Board can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Board Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission and/or Board or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission or Board meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section.