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HomeMy WebLinkAbout6-27-17 PC MinutesARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES Tuesday, June 27, 2017 CALL TO ORDER - Chairman Lin called the meeting to order at 7:00 p.m. in the Arcadia Council Chamber. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Commissioners Chiao, Thompson, Chan and Lin ABSENT: Commissioner Lewis It was moved by Commissioner Chan, seconded by Commissioner Chiao to excuse Commissioner Lewis from the meeting. Without objection the motion was approved. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Staff distributed the following supplemental items to the Commissioners: Three pieces of correspondence received earlier today relating to Agenda Item No. 2, consisting of a letter from the appellant, an email from the ARB Chairman Designee Vince Vargas, and an email from the appellant's lawyer requesting that the item be continued to August 22, 2017; and for Agenda Item No. 3, a revised copy of draft Ordinance No. 2348 including new wording regarding CEQA and the correction of minor typos. City Attorney Stephen Deitsch clarified that the change related to CEQA in Agenda Item No. 3 was made to Resolution No. 1995, which Ordinance No. 2348 is attached to. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING Resolution No. 1994 — Approving Conditional Use Permit No. CUP 17-03 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a 1,200 square foot indoor playground for children at 139 E. Foothill Boulevard Applicant: Ms. Debbie Ro Recommended Action: Adopt Resolution No. 1994 Planning Services Manager, Lisa Flores, introduced the item and turned it over to Senior Planner, Amanda Landry, who presented the staff report. Chairman Lin asked Ms. Landry if there is a minimum amount of staff required to be at the facility during operating hours. Ms. Landry responded and stated that at lighter times they could have one staff member. Chairman Lin opened the Public Hearing and asked if the applicant would like to speak on this item. Applicant Ms. Sandy Chu responded. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City's Planning Services Office located at 240 W Huntington Drive, Arcadia, California, during normal business hours. Commissioner Chan had safety concerns and asked Ms. Chu if her staff would be required to go through and pass a background check along with CPR training. In addition, he stated that currently the facility only has one bathroom and he asked Ms. Chu if she would be open to adding a second bathroom and designate one bathroom for males and the other bathroom for females. Ms. Chu addressed Commissioner Chan's questions and stated that her staff would definitely be required to go through and pass a background check along with CPR training. Regarding the addition of another bathroom, Ms. Chu explained that she has been to several indoor playgrounds similar to what she is proposing and that they typically only have one restroom, and she feels that one restroom is adequate for the intended use and space of her facility. Chairman Lin asked Ms. Chu if the existing restroom would be able to accommodate an additional stall with a urinal. Ms. Chu responded to Chairman Lin and stated that she would have to check with her contractor to find out if the existing bathroom has space to accommodate his request and also comply with the Americans with Disabilities Act. Commissioner Chiao asked Ms. Chu if her proposal for an indoor playground is similar to the indoor playground called Polk A Dot, whereas at any given time parents will be required to accompany their children and will not be allowed to leave the premises. In addition, he mentioned that in the staff report it states that there will be a limit of 16 children allowed in the facility at any given time. Given that he wanted to know if there will be a limit on the amount of adults allowed to accompany the children. He mentioned that there is a picture included in the staff report that displays an open concept play area and wanted to know if that will be the look of the facility once it is open. He requested that Ms. Chu explain why the Commission should grant her application. Lastly, he wanted to know if Ms. Chu is committed to turning away children once the proposed maximum amount of 16 children has been reached. Ms. Chu addressed Commissioner Chiao's questions. She stated that parents will be required to accompany their children at all times while they are at the facility and confirmed that parents will not be allowed to drop their children off and leave the facility at any time. She will limit how many adults are allowed to accompany children, especially during birthday parties. The limit will be 32 adults and 16 children. The facility will have an open concept floor plan as shown in the picture included in the staff report. She explained that the Commission should grant her application mainly because it will help keep families together and keep families who live in Arcadia in Arcadia, especially for birthday parties. Currently, most families drive out to other areas that have these type of facilities and it would be nice to keep them in Arcadia and provide an alternative to an outdoor playground when it is raining or extremely hot. Ms. Chu gave her word that she will not exceed the proposed maximum occupancy of 16 children allowed in the facility at any given time. Commissioner Thompson asked Ms. Chu if she read the conditions of approval listed in the staff report and if so does she agree to the conditions of approval. Ms. Chu responded to Commissioner Thompson and stated that she did read the conditions of approval and does agree to them. 6-27-17 Chairman Lin asked Ms. Chu if she would be willing to add a window in the storage room. Ms. Chu agreed to add a window to the storage room. Chairman Lin asked if anyone else would like to speak in favor of the item. No one responded. Chairman Lin asked if there was anyone who would like to speak in opposition of the item. No one responded. DISCUSSION Commissioner Chiao asked staff what is the maximum capacity of occupants that can be in the facility with one bathroom without exceeding the California Fire Code. Ms. Landry responded and stated that in accordance with the California Building Code the threshold for the maximum occupancy with one bathroom is 50. She added that a facility that allows for over 50 occupants would require two bathrooms and the bathrooms would have to be designated gender neutral in accordance with the new California State law. The Commissioners decided that one bathroom is sufficient for this facility, but asked staff to look at the issue of the amount of bathrooms needed, but not necessarily required, when processing similar applications to this one in the future. Commissioner Thompson stated that historically the shopping center where the proposed facility is located has suffered negatively from the 2008 recession and has had a difficult time recovering. In his opinion the higher the occupancy the better, especially since the parking in the center is grossly underused. The proposed use is consistent with the General Plan and he is in favor of the proposal as conditioned presently within the staff report. Planning Services Manager, Lisa Flores, stated for the record that the three added conditions of approval per the Commission are as follows: first, windows shall be added to the storage room adjacent to the restroom, second, the applicant/business owner shall require a background check (such as by live scan or similar means) of each employee prior to employment to confirm the fitness of such employee for working safely with or in the presence of children, and the applicant/owner shall maintain records of such background checks at all times of employment of such person and for a period of two years following the conclusion of such employment, and shall make such records available for inspection by representatives of the City during normal operating business hours; and third, the applicant/owner shall require all employees to be CPR trained and certified. MOTION — PUBLIC HEARING It was moved by Commissioner Chan, seconded by Commissioner Chiao to close the public hearing. Without objection, the motion was approved. 3 6-27-17 MOTION It was moved by Commissioner Chan, seconded by Commissioner Chiao to adopt Resolution No. 1994 — Approving Conditional Use Permit No. CUP 17-03 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a 1,200 square foot indoor playground for children at 139 E. Foothill Boulevard and amended to include the three additional conditions of approval described by staff. ROLL CALL AYES: Commissioners Chan, Chiao, Thompson and Lin NOES: None ABSENT: Commissioner Lewis 2. Homeowners' Association Appeal No. HOA 17-01 with a Categorical Exemption under the California Environmental Quality Act (CEQA) appealing the Santa Anita Oaks Home Owners Association Architectural Review Board Chairperson's denial of a new circular driveway at 1231 San Carlos Road Appellants: Mr. Tom Crosby and Mrs. Ellen Fu -Crosby Recommended Action: Deny the Appeal and Uphold the ARB Denial Chairman Lin stated that a late correspondence was received by the Appellant to continue the item to the August 22, 2017 Planning Commission meeting. Planning Services Manager, Lisa Flores, informed the Commission that they have three options to choose from regarding the continuance of the item. The first option is to not receive the staff report or take any public testimony, but to continue the hearing to a date certain of August 22, 2017, and post a notice of continuation of this hearing for said date. The second option is to receive the staff report, open the public hearing, take public testimony tonight, and then continue the hearing to the August 22, 2017 meeting. With that option, staff recommends that the Commission only allow the public to provide testimony either tonight or at the August 22, 2017 hearing, but not at both public hearings. The third option is do not continue the item and conduct the public hearing, and take action on the item at tonight's meeting. DISCUSSION Commissioner Thompson stated that he is in favor of option No. 2 in order to give people who are in attendance at tonight's meeting time to provide public testimony in case they are unavailable to attend the August 22nd meeting. Chairman Lin explained that his issue with selection of option No. 2 is that if the Commission receives the staff report today and public testimony and then at the August 22nd meeting they receive another staff report that can be entirely different from tonight's staff report and those who speak tonight won't be able to speak and comment on the new staff report at the August 22 Id meeting. City Attorney Stephen Deitsch added that if there were to be a discussion between the appellant and the Architectural Review Board (ARB) after tonight's meeting and before the continued public hearing, and the ARB ends up approving any new submission, then the Planning Commission's consideration would be moot and there would be no need for a continued public hearing on August 22nd. If there is an entirely new plan put forward by the appellant, but there is no agreement between the ARB and the appellant, but the 4 6-27-17 appellant decides that the current submission is no longer what the appellant wants, at that point there will be a new public hearing with all public testimony allowed to address any new plan that is brought forward to the Commission. MOTION It was moved by Commissioner Thompson to select the second option provided by staff to receive the staff report, open the public hearing, allow public testimony tonight and at the next public hearing, and continue the hearing to the August 22, 2017 meeting at 7:00 p.m. in the City Council Chamber, The motion did not receive a second. MOTION It was moved by Vice Chairman Chan, seconded by Chairman Lin to select the first option provided by staff to not receive the staff report or take any public testimony tonight, but to continue the public hearing to a date certain of August 22, 2017 at 7:00 p.m. in the Arcadia Council Chamber, and for staff to post a notice of continuation of this hearing. ROLL CALL AYES: Commissioners Chan, Lin, and Chiao NOES: Commissioner Thompson ABSENT: Commissioner Lewis 3. Ordinance No. 2348 - Text Amendment No. TA 17-04 amending various Sections of Article IX, Chapter 1 of the Municipal Code ("the Development Code") with an exemption from the California Environmental Quality Act (CEQA) to prohibit Short -Term Rentals, home sharing, and the advertisement of these uses Applicant: City of Arcadia Recommended Action: Adopt Resolution No. 1995 and Recommend Approval to the City Council Planning Services Manager, Lisa Flores, introduced the item and turned it over to Associate Planner, Jordan Chamberlin, who presented the staff report. DISCUSSION Commissioner Thompson asked Ms. Chamberlin if a home share that is occupied more than 28 days is considered a lease. Ms. Chamberlin responded and confirmed that a home occupied more than 28 days would be considered a long term lease and would not be subject to the regulations described in Resolution No. 1995 and Ordinance No. 2348. Chairman Lin asked Ms. Chamberlin if the prohibition against home share and short- term rentals is already in the Development Code and if tonight we are only adding the section regarding advertisement. Ms. Chamberlin explained that currently the prohibition of home share and short-term rentals is not listed in the Development Code. 5 6-27-17 Commissioner Chan asked Ms. Chamberlin to elaborate on the film permit issues that are mentioned in the staff report relating to this item. Ms. Chamberlin explained that in order to film any type of production in the City a film permit is required. Staff has encountered issues with film companies renting out short- term rentals throughout the City as locations to film productions without obtaining the required film permits from the City. In addition, some of the short-term rentals are being advertised as filming locations and the property owners are not informing the renters that the City requires a film permit for any type of filming. Chairman Lin opened the public hearing and asked if staff would like to add anything. Staff did not have anything to add. Chairman Lin asked if there was anyone else who would like to speak in favor of the proposal. No one responded. Chairman Lin asked if there was anyone who would like to speak in opposition of the proposal No one responded Commissioner Chiao asked assuming someone is in violation of this Ordinance in the future, is there a mechanism for the City Attorney to get involved and began an abatement action against the property. He also wanted to know if the City Attorney felt that there could be stricter remedies to resolves such issues added to the Ordinance. City Attorney Stephen Deitsch responded and explained that the property owner and any property leasing agent involved in violation of the Ordinance can be cited, also the City can instruct the City Attorney to go into court seeking an abatement warrant or an injunction to stop continued action, and those are just some of the options available. He did not feel a need to add stricter remedies to resolve these issues and stated that the Ordinance was sufficient to do so in its current form. Commissioner Thompson added that the Development Code revisions are well done and very clear, it's necessary in order to protect our community of homes outlined in the City's General Plan. There is enough risk occurring in the City with the recent increase of burglaries, and he wouldn't want to deal with strangers in his neighborhood, or parties and excessive noise or parking issues. He stated that the proposed Ordinance is a great idea and hopes the City Council adopts it. MOTION — PUBLIC HEARING It was moved by Vice Chairman Chan, seconded by Commissioner Chiao to close the public hearing. Without objection, the motion was approved. 6-27-17 MOTION It was moved by Chairman Lin, seconded by Commissioner Chiao to adopt Resolution No. 1995 and Recommend Approval to the City Council of Ordinance No. 2348 - Text Amendment No. TA 17-04 amending various Sections of Article IX, Chapter 1 of the Municipal Code ("the Development Code") with an exemption from the California Environmental Quality Act (CEQA) to prohibit Short -Term Rentals, home sharing, and the advertisement of these uses ROLL CALL AYES: Commissioners Lin, Chiao, Chan and Thompson NOES: None ABSENT: Commissioner Lewis 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. 4. Minutes of May 23, 2017, Arcadia Planning Commission Regular Meeting Recommended Action: Approve MOTION It was moved by Vice Chairman Chan, seconded by Commissioner Thompson to approve Consent Calendar Item 4. ROLL CALL AYES: Commissioners Chan, Thompson, Chan and Lin NOES: None ABSENT: Commissioner Lewis MATTERS FROM CITY COUNCIL LIAISON City Council Liaison Beck was not present at the meeting. MATTERS FROM PLANNING COMMISSIONERS The Commissioners did not have anything to report. MATTERS FROM CITY ATTORNEY City Attorney Stephen Deitsch did not have anything to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores reported that currently there are two items scheduled for the July 11" meeting. One item is for the proposal of a fitness health club located at 7-11 E. Foothill Boulevard and the other item is for a three -unit condominium project located at 30 Fano Street. She announced that beginning next week she will be on vacation for two weeks and in her absence Assistant City Manager/Development Services Director Jason Kruckeberg will fill in for her. She also announced that there will be a Patriotic Festival this Saturday, July 1" on First Avenue and the 626 Night Market located at Santa Anita Park will also begin on Saturday. She wished everyone a Happy 4`" of July. 6-27-17 ADJOURNMENT The Planning Commission adjourned the meeting at 7:57 p.m. to Tuesday, July 11, 2017, at 7:00 p.m., in the City Council Chamber at 240 W. Huntington Dr., Arcadia. Chairman, PIS Hing ommission ATTEST: 6ecfetary, Planning Comm! on 6-27-17