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HomeMy WebLinkAboutItem 10 - 5-10-16 PC & ABP& LRB MinutesArcadia Planning Commission Regular Meeting Minutes And Arcadia Business Permit and License Review Board Special Meeting Minutes May 10, 2016 CALL TO ORDER Chairman Chiao called the meeting to order at 7:00 p.m. in the Arcadia City Council Chamber. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Chan, Lewis, Thompson, and Chiao ABSENT: Vice Chairman Lin MOTION It was moved by Commissioner Chan and seconded by Commissioner Thompson to excuse Vice Chairman Lin from the meetings. Without objection, the motion was approved. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Additional information relating to Agenda Items No. 4 and No. 5 were distributed to the Commissioners. PUBLIC COMMENTS There were none. RECESS PLANNING COMMISSION MEETING AND CONVENE AS BUSINESS PERMIT AND LICENSE REVIEW BOARD The Planning Commission meeting recessed at 7:02 p.m. and Chairman Chiao called the Business Permit and License Review Board meeting to order. Chairman Chiao introduced City Attorney Steve Deitsch who discussed the Business Permit and License Review Board hearing process. BUSINESS PERMIT AND LICENSE REVIEW BOARD HEARINGS 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 Community Development Administrator Jim Kasama introduced the item and then turned it over to Business License Officer Silva Vergel who presented the staff report. Chairman Chiao opened the hearing. Chairman Chiao asked if the appellant would like to speak on this item. 2 5-10-16 Appellant Mr. Kevin Liu of CHH Law, PC, the attorney for business owner Mr. Sitong Rong responded. Chairman Chiao asked if anyone else would like to speak on behalf of the appellant. No one responded. Chairman Chiao asked if City staff had a response or rebuttal to the appellant’s statements. There were none. Chairman Chiao closed the hearing. Chairman Chiao asked if the Board Members had any statements, or questions for City staff or the City Attorney. Board Member Chan, Lewis and Chiao responded. It was moved by Board Member Thompson, seconded by Board Member Lewis to uphold the revocation and deny the appeal of the business license revocation for noncompliance with the City of Arcadia Municipal Code by Cash Box KTV at 612 E. Live Oak Avenue. ROLL CALL AYES: Board Members, Thompson, Lewis, Chan, and Chiao NOES: None ABSENT: Vice Chairman Lin 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 Community Development Administrator Jim Kasama introduced the item and then turned it over to Business License Officer Silva Vergel who presented the staff report. Chairman Chiao opened the hearing. Chairman Chiao asked if the appellant would like to speak on this item. Appellant and business owner, Ms. Chuwan Zhang responded. Chairman Chiao asked if there was anyone else who would like to speak on behalf of the appellant. No one responded. Chairman Chiao asked if City staff had any response or rebuttal to the appellant’s statements. There were none 3 5-10-16 Chairman Chiao closed the hearing. It was moved by Board Member Thompson, seconded by Board Member Lewis to deny the appeal and uphold the revocation of the business license for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Spring Spa at 556 Las Tunas Drive, #204 ROLL CALL AYES: Board Members Thompson, Lewis, Chan, and Chiao NOES: None ABSENT: Vice Chairman Lin 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: Qiu Xia Liu, Massage Therapist Recommended Action: Uphold Revocation and Deny Appeal Community Development Administrator Jim Kasama introduced the item and then turned it over to the Business License Officer Silva Vergel who presented the staff report. Chairman Chiao opened the hearing. Chairman Chiao asked if the appellant would like to speak on this item. Appellant Ms. Qiu Xia Lu responded and requested an interpreter. Mr. Kasama stated that an official interpreter was not available. Chairman Chiao explained to the appellant in Chinese that the hearing could be continued to the next meeting in order to allow for arrangement of an interpreter. The appellant declined and the appellant continued with the hearing without the assistance of an interpreter. Chairman Chiao asked if there was anyone else who would like to speak on behalf of the appellant. No one responded. Chairman Chiao asked if City staff had any response or rebuttal to the appellant’s statements. There were none. Chairman Chiao closed the hearing. It was moved by Board Member Thompson, seconded by Chairman Chiao to uphold the appeal of the 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. 4 5-10-16 ROLL CALL AYES: Board Members, Thompson, Chiao, Chan and Lewis NOES: None ABSENT: Vice Chairman Lin ADJOURNMENT OF BUSINESS PERMIT AND LICENSE REVIEW BOARD AND RECONVENING OF PLANNING COMMISSION MEETING Chairman Chiao adjourned the Business Permit and License Review Board meeting at 8:26 p.m. and called for a ten-minute recess. Chairman Chiao reconvened the Planning Commission and called the Planning Commission Meeting to order at 8:36 p.m. PLANNING COMMISSION PUBLIC HEARINGS 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: The 810 West Naomi Homeowners Association, represented by their President, Ms. Kathleen Van Karnes Applicant: Golden West Naomi Homeowners Association Recommended Action: Deny appeal and uphold approval Community Development Administrator Jim Kasama introduced the item and presented the staff report. Chairman Chiao opened the Public Hearing. Chairman Chiao asked if the appellant would like to speak on this item. Ms. Kathleen Van Karnes responded for the appellants. Chairman Chiao asked if anyone else would like to speak in favor of the appeal. The following co-appellants responded: Mr. Sam Salerni Mr. Jim Bettini Chairman Chiao asked if the applicant would like to speak on this item. Mr. George Yu, President of the Golden West Naomi Homeowners Association responded. Chairman Chiao asked if there was anyone else who would like to speak in opposition to the appeal. The following residents responded: Ms. Pat Amos, co-applicant Mr. Andrew Dodge 5 5-10-16 Ms. Catherine Ken Mr. Frank Pao Chairman Chiao asked if the appellant would like to respond to any of the comments in opposition to the appeal. Ms. Kathleen Van Karnes responded. MOTION It was moved by Commissioner Chan, seconded by Commissioner Lewis to close the public hearing. Without objection, the motion was approved. MOTION It was moved by Commissioner Lewis, seconded by Commissioner Chan to deny the appeal and uphold 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. ROLL CALL AYES: Commissioners, Lewis, Chan, Thompson and Chiao NOES: None ABSENT: Vice Chairman Lin 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 Community Development Administrator Jim Kasama introduced the item and turned it over to Contract Planner Jeff Hamilton who presented the staff report. Chairman Chiao opened the Public Hearing. Chairman Chiao asked if the applicant would like to speak on this item. Applicant Ms. Eileen Li responded. Chairman Chiao asked if there was anyone else who would like to speak in favor of this item. The following tutors from the current tutoring center responded: Ms. Michelle Cran Ms. Cynthia Gomez Mr. Dan Bylund Mr. Nicholas Shu Ms. Sarah Song Ms. Elena Lane 6 5-10-16 Chairman Chiao asked if there was anyone who would like to speak in opposition to this item. No one responded MOTION It was moved by Commissioner Chan, seconded by Chairman Chiao to close the public hearing. Without objection, the motion was approved. MOTION It was moved by Commissioner Chan, seconded by Commissioner Lewis to adopt 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, subject to the conditions in the staff report including the added condition to install windows allowing a view into each classroom either from an adjoining hallway or from the outside, to the satisfaction of the Community Development Administrator or designee. 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 Community Development Administrator Jim Kasama introduced the item and turned it over to Assistant Planner Jordan Chamberlin who presented the staff report. Chairman Chiao asked if the applicant would like to speak on this item. Mr. Leonardo D’Anconia, Project Manager of Tim Barber, Ltd., responded. Chairman Chiao asked if there is anyone else who would like to speak in favor of this item. The following people responded: Ms. Holliday, homeowner Mr. Tim Barber, Architect Chairman Chiao asked if there is anyone who would like to speak in opposition to this item. No one responded MOTION It was moved by Commissioner Lewis, seconded by Commissioner Thompson to close the public hearing. Without objection, the motion was approved. 7 5-10-16 MOTION It was moved by Commissioner Chan, seconded by Commissioner Lewis to approve 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, subject to the conditions in the staff report. ROLL CALL AYES: Commissioners Chan, Lewis and Chiao NOES: Commissioner Thompson ABSENT: Vice Chairman Lin 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 Recommended Action: Approve and Adopt Resolution No. 1963 Community Development Administrator Jim Kasama introduced the item and turned it over to Economic Development Management Analyst Tim Schwehr who presented the staff report. Chairman Chiao opened the Public Hearing. Chairman Chiao asked if the applicant would like to speak on this item. Applicant, Mr. Charles Tran responded. Chairman Chiao asked if anyone else who would like to speak in favor of this item. The following people responded: Mr. Jonathan Mills Mr. Pete Loeffler Chairman Chiao asked if there is anyone who would like to speak in opposition to this item. There were none. MOTION It was moved by Commissioner Chan, seconded by Chairman Chiao to close the public hearing. Without objection, the motion was approved. MOTION It was moved by Commissioner Thompson, seconded by Commissioner Chan to adopt 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 8 5-10-16 live entertainment in an existing 15,413 square-foot, commercial-industrial development at 103 E. Santa Clara Street ROLL CALL AYES: Commissioners, Thompson, Chan, Lewis and Chiao NOES: None ABSENT: Vice Chairman Lin RECESS/RECONVENE Chairman Chiao called for a five-minute recess at 10:56 p.m., and reconvened the meeting at 11:01 p.m. CONSENT CALENDAR 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 MOTION It was moved by Commissioner Lewis, seconded by Commissioner Chan to approve Consent Calendar Items 8 and 9. ROLL CALL AYES: Commissioners Lewis, Chan, Thompson and Chiao NOES: None ABSENT: Vice Chairman Lin MATTERS FROM CITY COUNCIL LIAISON Chairman Chiao said congratulations to Council Member Verlato for being elected, and welcomed her as the Planning Commission Liaison and asked if she had anything to report. Council Member Verlato thanked the Commissioners for welcoming her as the new City Council Liaison, and said she did not have anything to report. MATTERS FROM PLANNING COMMISSIONERS Chairman Chiao thanked Steve Deitsch for attending the meeting and for advising the Commissioners/Board Members Commissioner Lewis stated that she attended the Modification Committee meeting on April 26, in the absence of Chairman Thompson and enjoyed it. She announced that the windmill at Denny’s located at 7 E. Huntington Drive was approved to spin again and it will be a nice addition to the downtown area. Commissioner Chan commented on parking issues in the Downtown area near the Gold Line Transit station. MATTERS FROM MODIFICATION COMMITTEE Chairman Chiao announced that the Modification Committee meeting was canceled. 9 5-10-16 MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Mr. Kasama announced that currently there are no items for the May 24, 2016 meeting. ADJOURNMENT Chairman Chiao adjourned this meeting at 11:07 p.m. to Tuesday, May 24, 2016, at 7:00 p.m., in the City Council Chamber at 240 W. Huntington Drive, Arcadia. Chairman, Planning Commission ATTEST: Secretary, Planning Commission