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HomeMy WebLinkAboutItem 3 - PC Minutes of 6-14-16 Arcadia Planning Commission Regular Meeting Agenda and Arcadia Business Permit and License Review Board Special Meeting Agenda Tuesday, June 14, 2016, 7:00 p.m. CALL TO ORDER Chairman Chiao called the meeting to order at 7:02 p.m. in the Arcadia City Council Chamber. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners and Board Members Chan, Lewis, Thompson, Lin and Chiao ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Additional information relating to Agenda Items No. 1, 5, 8 and 9 were distributed to the Commissioners. PUBLIC COMMENTS (5 minute time limit per person) There were none. RECESS PLANNING COMMISSION MEETING AND CONVENE AS BUSINESS PERMIT AND LICENSE REVIEW BOARD The Planning Commission meeting recessed at 7:04 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. Appeal of a business license revocation for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Mr. Bao Gui Sun, owner/operator of Arcadia Spa at 28 East Duarte Road Appellant: Mr. Bao Gui Sun, 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. 2 6-14-16 Appellant’s Attorney Stephen Thomas responded, and a statement written by business owner Mr. Sun was read by his representative Mr. Li. Chairman Chiao asked if anyone else would like to speak on behalf of the appellant. 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 Lin, Thompson and Chiao responded. It was moved by Board Member Lin, seconded by Board Member Thompson to uphold the revocation and deny the appeal of the business license revocation for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Mr. Bao Gui Sun, owner/operator of Arcadia Spa at 28 East Duarte Road, and amended to include that Mr. Bao Gui Sun not be allowed to own or operate a business in the City of Arcadia for a period of one (1) year. ROLL CALL AYES: Board Members Chan, Lewis, Chiao, Lin and Thompson NOES: None ABSENT: None 2. Appeal of business license revocations for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Ai Hong Li at 28 East Duarte Road Appellant: Ms. Ai Hong Li, Massage Therapist and Esthetician Recommended Action: Uphold Revocations 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’s Attorney Mr. Stephen Thomas responded and stated that Ms. Li asserts her Fifth Amendment rights due to pending criminal proceedings for the prostitution charges related to this case. Mr. Thomas addressed the technical violations related to the case. Chairman Chiao asked if anyone else would like to speak on behalf of the appellant. No one responded. 3 6-14-16 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 Lin responded. It was moved by Board Member Lin, seconded by Board Member Lewis to uphold the revocations and deny the appeal of the business license revocations for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Ai Hong Li at 28 East Duarte Road and to include that Ms. Li not be allowed to own or operate a business, or work as a massage therapist or an esthetician in the City of Arcadia for a period of one (1) year. ROLL CALL AYES: Board Members Thompson, Chiao, Chan, Lin and Lewis NOES: None ABSENT: None 3. Appeal of a business license revocation for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Xinghong Huang at 28 East Duarte Road Appellant: Ms. Xinghong Huang, Massage Therapist 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’s Attorney Mr. Stephen Thomas responded and stated that Ms. Huang asserts her Fifth Amendment rights due to pending criminal proceedings for the prostitution charges related to this case. Mr. Thomas addressed the technical violations related to the case. Chairman Chiao asked if anyone else would like to speak on behalf of the appellant. No one responded. 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 Chiao and Thompson responded. 4 6-14-16 It was moved by Board Member Chan, seconded by Board Member Chiao to uphold the revocation and deny the appeal of the business license revocation for noncompliance with the City of Arcadia Massage Therapist and Business License regulations by Xinghong Huang at 28 East Duarte Road and to include that Ms. Huang not be allowed to own or operate a business, or work as a massage therapist or an esthetician in the City of Arcadia for a period of one (1) year. ROLL CALL AYES: Board Members Lewis, Lin, Thompson, Chan and Chiao NOES: None ABSENT: None 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 7:55 p.m., reconvened the Planning Commission, and called the Planning Commission Meeting to order. PLANNING COMMISSION PUBLIC HEARINGS 4. Appeal of the denial of Single-Family Architectural Design Review No. SFADR 15-88 for a proposed 6,400 square-foot, two-story, single-family residence with an attached, 718 square-foot, three-car garage at 920 S. Fifth Avenue Appellant: Mr. Philip Chan, Home Designer and Applicant Recommended Action: Deny appeal Community Development Administrator Jim Kasama introduced the item and turned it over to Associate Planner Nick Baldwin who presented the staff report. Chairman Chiao opened the Public Hearing. Chairman Chiao asked if the appellant would like to speak on this item. Appellant Mr. Philip Chan, the home designer responded. Chairman Chiao asked if anyone else would like to speak in favor of the appeal. Primrose Cho, Arcadia resident responded. Chairman Chiao asked if there was anyone who would like to speak in opposition to the appeal. The following residents responded: David Arvizu Edith Wong Deborah Klinger Ivan Young 5 6-14-16 Marilyn Chu Karen Carrisosa Gentleman (name unknown) Chairman Chiao asked if the appellant would like to respond to any of the comments in opposition to the appeal. Mr. Philip Chan, the home designer responded. MOTION It was moved by Commissioner Chan, seconded by Chairman Chiao to continue the public hearing for the appeal of the denial of Single-Family Architectural Design Review No. SFADR 15-88 for a proposed 6,400 square-foot, two-story, single-family residence with an attached, 718 square-foot, three-car garage at 920 S. Fifth Avenue to the July 26, 2016, Planning Commission Meeting. ROLL CALL AYES: Commissioners, Lewis, Thompson, Lin, Chan and Chiao NOES: None ABSENT: None 5. Appeal of the approval of Single-Family Architectural Design Review No. SFADR 16-08 for a proposed 3,588 square-foot, two-story, single-family residence with an attached, 418 square-foot, two-car garage at 1101 S. Fifth Avenue Appellants: Ms. Sherry Xi, and Mr. David Chen and eight other neighborhood property owners Applicant: Mr. Philip Chan, home designer Recommended Action: Deny appeal Community Development Administrator Jim Kasama introduced the item and turned it over to Associate Planner Nick Baldwin who presented the staff report. Chairman Chiao opened the Public Hearing. Chairman Chiao asked if the appellant would like to speak on this item. Appellant Ms. Sherry Xi responded. Chairman Chiao asked if anyone else would like to speak in favor of the appeal. The following residents responded: David Arvizu Ivan Young Deborah Klinger Chairman Chiao asked if the applicant would like to speak on this item. Applicant Mr. Philip Chan, home designer responded. 6 6-14-16 Chairman Chiao asked if there was anyone else who would like to speak in opposition to the appeal. The following resident responded: Ms. Primrose Cho Chairman Chiao asked if the appellant would like to respond to any of the comments in opposition to the appeal. Ms. Sherry Xi responded. MOTION It was moved by Commissioner Lewis, seconded by Commissioner Thompson to close the public hearing. Without objection, the motion was approved. MOTION It was moved by Commissioner Lin, seconded by Commissioner Thompson to deny the appeal of the approval of Single-Family Architectural Design Review No. SFADR 16-08 for a proposed 3,588 square-foot, two-story, single-family residence with an attached, 418 square-foot, two-car garage at 1101 S. Fifth Avenue with conditions that all the second story windows facing the neighbors on the north and south sides be removed and that larger trees (24-inch boxes) be planted along the sides subject to approval by the Community Development Administrator, and including the other conditions of approval listed in the staff report. ROLL CALL AYES: Commissioners, Lin and Thompson NOES: Chan, Lewis and Chiao ABSENT: None MOTION It was moved by Commissioner Lewis, seconded by Chairman Chiao to deny the appeal of the approval of Single-Family Architectural Design Review No. SFADR 16-08 for a proposed 3,588 square-foot, two-story, single-family residence with an attached, 418 square-foot, two-car garage at 1101 S. Fifth Avenue, subject to the conditions in the staff report. ROLL CALL AYES: Commissioners, Chan, Lewis and Chiao NOES: Commissioners Lin and Thompson ABSENT: None RECESS/RECONVENE Chairman Chiao called for a recess at 9:55 p.m., and reconvened the meeting at 10:05 p.m. 7 6-14-16 6. Resolution No. 1953 – Denying Conditional Use Permit application No. CUP 15- 05 and a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new tutoring center for up to 15 students at 1012 S. Baldwin Avenue (This public hearing is continued from the December 8, 2015, Planning Commission Meeting.) Applicant: Rufino Segovia, Business Owner Recommended Action: Adopt Resolution No. 1953 Community Development Administrator Jim Kasama introduced the item and turned it over to Associate Planner Nick Baldwin who presented the staff report. Chairman Chiao opened the Public Hearing. Chairman Chiao asked if the applicant would like to speak on this item. Ms. Jinda Korprapun, the property owner responded. Chairman Chiao asked if there was anyone else who would like to speak in favor of this item. No one responded 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 Vice Chairman Lin to close the public hearing. Without objection, the motion was approved. MOTION It was moved by Commissioner Thompson, seconded by Vice Chairman Lin to adopt Resolution No. 1953 – Denying Conditional Use Permit application No. CUP 15-05 and a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new tutoring center for up to 15 students at 1012 S. Baldwin Avenue. ROLL CALL AYES: Commissioners, Thompson and Lin NOES: Commissioners Chan, Lewis, and Chiao ABSENT: None MOTION Chairman Chiao moved to reconsider the motion to adopt Resolution No. 1953 – Denying Conditional Use Permit application No. CUP 15-05 and a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new tutoring center for up to 15 students at 1012 S. Baldwin Avenue, and the motion was seconded by Commissioner Lin. 8 6-14-16 ROLL CALL AYES: Commissioners Chan, Lin and Chiao NOES: Commissioners Lewis and Thompson ABSENT: None MOTION It was moved by Chairman Chiao, seconded by Vice Chairman Lin to adopt Resolution No. 1953 – Denying Conditional Use Permit application No. CUP 15- 05 and a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new tutoring center for up to 15 students at 1012 S. Baldwin Avenue. ROLL CALL AYES: Commissioners Thompson, Lin and Chiao NOES: Commissioner Chan and Lewis ABSENT: None 7. Resolution No. 1964 – Approving Conditional Use Permit No. CUP 16-02 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a 1,600 square-foot tutoring center at 114-116 E. Live Oak Avenue Applicant: Ms. Dee Chou, Property Owner Recommended Action: Approve and Adopt Resolution No. 1964 Community Development Administrator Jim Kasama introduced the item and turned it over to Assistant Planner Jordan Chamberlin 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. Dee Chou responded. Chairman Chiao asked if there was anyone else who would like to speak in favor of this item. No one responded. 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 Vice Chairman Lin, seconded by Commissioner Lewis to close the public hearing. Without objection, the motion was approved. 9 6-14-16 MOTION It was moved by Commissioner Lewis, seconded by Commissioner Chan to adopt Resolution No. 1964 – Approving Conditional Use Permit No. CUP 16-02 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a 1,600 square-foot tutoring center at 114-116 E. Live Oak Avenue subject to the conditions in the staff report. ROLL CALL AYES: Commissioners Thompson, Lin, Chiao, Lewis and Chan NOES: None ABSENT: None 8. Resolution No. 1965 – Approving Conditional Use Permit No. CUP 16-04 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a 1,835 square-foot martial arts studio at 127 S. First Avenue Applicant: Mr. Paul Nguyen Recommended Action: Approve and Adopt Resolution No. 1965 Community Development Administrator Jim Kasama introduced the item and turned it over to Assistant Planner Jordan Chamberlin 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. Paul Winn responded. Chairman Chiao asked if there was anyone else who would like to speak in favor of this item. No one responded. 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 Lewis, seconded by Chairman Chiao to close the public hearing. Without objection, the motion was approved. MOTION It was moved by Chairman Chiao, seconded by Commissioner Thompson to adopt Resolution No. 1965 – Approving Conditional Use Permit No. CUP 16-04 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a 1,835 square-foot martial arts studio at 127 S. First Avenue, subject to the striking of condition of approval no. 3. 10 6-14-16 ROLL CALL AYES: Commissioners, Lewis, Chan, Lin, Thompson and Chiao NOES: None ABSENT: None 9. Text Amendment No. TA 16-02 with an exemption under the California Environmental Quality Act (CEQA) to amend Chapter 7 of Article IX of the Arcadia Municipal Code to add additional protected trees and unprotected trees to the City’s Tree Preservation Regulations Applicant: City of Arcadia – Development Services Department Recommended Action: Recommend approval to the City Council Chairman Chiao opened the public hearing and asked if there was anyone who would like to speak in favor of this item. No one responded. 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 Vice Chairman Lin to close the public hearing. Without objection, the motion was approved. MOTION It was moved by Commissioner Chan, seconded by Commissioner Lewis to recommend to the City Council approval of Text Amendment No. TA 16-02 with an exemption under the California Environmental Quality Act (CEQA) to amend Chapter 7 of Article IX of the Arcadia Municipal Code to add additional protected trees and unprotected trees to the City’s Tree Preservation Regulations with further recommendations that the community be notified of the changes with multi-lingual (English, Chinese and Spanish) communications, and that pictures of the unprotected trees be included. ROLL CALL AYES: Commissioners, Lewis, Chan, Lin, Thompson and Chiao NOES: None ABSENT: None CONSENT CALENDAR 10. Minutes of the May 10, 2016, Regular Meeting of the Planning Commission and Special Meeting of the Arcadia Business Permit and License Review Board. Recommended Action: Approve 11 6-14-16 MOTION It was moved by Vice Chairman Lin, seconded by Commissioner Lewis to approve Consent Calendar Item 10. ROLL CALL AYES: Commissioners Chan, Thompson, Chiao, Lin and Lewis NOES: None ABSENT: None MATTERS FROM CITY COUNCIL LIAISON Council Member Verlato thanked everyone for staying late and thanked the Commissioners for their service. She announced the following events; the restarting of the windmill atop the Denny’s Restaurant at 7 E. Huntington Drive will be on Wednesday, June 29th, at 2:00 p.m.; the 626 Golden Streets event will be on Sunday, June 26th from 8:00 a.m. to 2:00 p.m.; and there will be a Patriotic Festival at the Arcadia Transit Plaza on Saturday, July 2nd from 6:00 p.m. to 9:00 p.m. MATTERS FROM PLANNING COMMISSIONERS Commissioner Chan asked staff how many martial arts and tutoring centers are there in the City, and he requested that staff start looking into requiring additional commercial handicap parking, as he has experienced a lack of availability of those types of parking spaces throughout the City. MATTERS FROM MODIFICATION COMMITTEE Commissioner Thompson reported that there was one item on the Agenda for the Modification Committee Meeting and that the item was approved. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Mr. Kasama announced that currently there are three items tracking for the June 28th meeting. He mentioned that the City Council would like to hold a joint study session with the Planning Commissioners on the Zoning Code Update, and asked the Commissioners for dates that they are available for a study session. ADJOURNMENT The Planning Commission adjourned this meeting at 11:23 p.m., to Tuesday, June 28, 2016, at 7:00 p.m., in the City Council Chamber at 240 W. Huntington Drive Arcadia. Chairman, Planning Commission ATTEST: Secretary, Planning Commission