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HomeMy WebLinkAboutItem No. 4 - 11-14-17 PC Minutes ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES Tuesday, November 14, 2017 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. CALL TO ORDER – Vice Chair Thompson called the meeting to order at 7:00 p.m. in the Arcadia Council Chamber. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Commissioners, Lewis, Lin, Fandry, and Thompson ABSENT: Chair Chan It was moved by Commissioner Lewis, seconded by Commissioner Lin to excuse Chair Chan from the meeting. Without objection, the motion was approved. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS The Commission received one piece of correspondence relating to Agenda Item 1. Planning & Community Development Administrator Ms. Flores introduced new Associate Planner, Mr. Peter Sun and Planning Commissioner, Mr. Donald Fandry. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 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. 1. Resolution No. 2004 – Approving Conditional Use Permit No. CUP 17-12 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new tutoring center for up to nine students at 909 S. Santa Anita Avenue, Unit I Applicant: Eileen Wang Recommended Action: Adopt Resolution No. 2004 Planning & Community Development Administrator, Ms. Flores introduced the item and turned it over to Assistant Planner, Ms. Quiroz who presented the staff report. Vice Chair Thompson opened the public hearing and asked if the applicant would like to speak on this item. Applicant Ms. Eileen Wang responded. 2 11-14-17 Vice Chair Thompson asked if anyone else would like to speak in favor of the item. The following employees of the applicant responded: Ms. Teresa Martinez Ms. Michelle Cram Mr. Marcos Garcia Ms. Janelle Cervantes Mr. Jack Dayhelian Ms. Stella Keleshian Ms. Sofia Jimenez The aforementioned employees of the applicant Ms. Wang have careers in the field of education. Collectively they are in support of the project for the following reasons: • Ms. Wang provides an economic opportunity and supplemental income to these employees who either work part-time or are unemployed during the summer time when public schools are out of session. • The tutoring program is extremely well structured and focuses solely on the betterment of the students. • Ms. Wang always maintains a well-kept facility, it is a family-oriented environment, and she is a great boss. • There is a lot of repeating students that the employees enjoy working with, watching them grow, and develop academically. In addition, they create a bond with the students and their families. • Ms. Wang provides translation services to the parents of the students. This service is extremely beneficial because majority of the information Ms. Wang translates relates to safety and other important information. • Overall the employees enjoy working with all the students and Ms. Wang and support the tutoring program. Vice Chair Thompson asked if there was anyone who would like to speak in opposition of the item. The following people responded: Ms. Liangyi Gu, Arcadia resident. Ms. Gu had a question for the applicant relating to downsizing her program. The applicant Ms. Wang stated that she is downsizing, but she also said that she is adding more employees. How is it possible to add employees if she is downsizing? Ms. Gu wanted to know if the applicant could request to increase her facility in the future. Her main concern is that there is already three tutoring centers at the facility, if the applicant’s tutoring center is approved it will create unnecessary competition. In addition, it will cause more traffic for the business center and for the surrounding business. She recommended that the City should allow for more diversity. Her last concern is that many of the surrounding business owners mentioned that they did not receive the notice the City sent out about the public hearing for this project. She explained that this is not the first time this has happened other people have complained 3 11-14-17 that they did not receive notices for other public hearings. She recommend that the City send out notices via registered mail and require a signature upon delivery. Ms. Jenny Wei, business owner of Top Education Institute, located at 909 S. Santa Anita Ave., Unit D, F, and H Ms. Wei stated that she never received a notice about the subject hearing. She operates a tutoring center at the same location. Her main concern is that there are already three tutoring centers at this location. Adding another tutoring center will negatively impact the property and surrounding businesses. Mr. Earl Turner, employee of Ms. Jenny Wei responded. Mr. Turner is an employee of Ms. Wei. Previously they shared a commercial building with the applicant Ms. Eileen Wang and her tutoring center. He shared a previous experience he had with Ms. Wang. He was also concerned about parking because the parking at the subject business location is always full. In addition, they will have to share f acility amenities such as bathrooms which will also create issues. Dr. Xiao-Liang Zhang, a major investor and employee of the Top Education Institute responded. Dr. Zhang explained that there are limited resources for the subject business location. The parking lot is always full. There are already three education centers at this location and adding one more will create too much competition and overcrowding. Vice Chair Thompson asked if the applicant would like to speak in rebuttal to the opposition. Ms. Wang responded. She addressed the question regarding downsizing. She explained that technically she is not downsizing, she is actually relocating the majority of her students to her other facility located at a church on Duarte Road. In addition to her proposed new location, she rents eight classrooms from the church and has a City business license for that operation. She is not decreasing the amount of tutors she employs. She is actually increasing her staff to two teachers and one staff member for this new location. Ms. Wang further addressed the concerns and comments made by Ms. Jenny Wei, the business owner of Top Education Institute and her employees. She explained that she previously shared a building with Ms. W ei and rented three rooms to Ms. W ei for her tutoring business. She did not have anything negative to say about Ms. Wei. She explained that when you share a building with another business that provides the same services you are bound to have conflicts. Regarding the parking issue, she admitted that the business location is busy at times because of the different uses at the location such as massage and tutoring. She explained that her business will only utilize three parking spaces in the front parking lot. There are also five parking spaces in the back parking lot that her business can utilize if necessary. Furthermore, she does not anticipate that parking will be an issue because the majority of her students will walk to her business from the surrounding schools that are in close proximity. She felt that her business is compatible with the surrounding businesses and it is only fair to allow her business to operate their too. She stated that the fact that the subject business center is busy is a benefit, and Arcadia is a good city to live in and work. 4 11-14-17 Vice Chair Thompson pointed out to Ms. Wang that she mentioned that conflict between businesses that share a space is unavoidable. Provided that he asked her if she will be able to get along with her business neighbors at this location. Ms. Wang responded and said yes she will be able to get along with her business neighbors because they will be providing different type of tutoring services. MOTION – PUBLIC HEARING It was moved by Commissioner Lewis, seconded by Commissioner Lin to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Lin stated that he will not factor in that the prospective tenant does not get along with an existing tenant when making his decision. He wanted to make it clear that it is not the Planning Commission’s job to pick sides between the two businesses. When making a decision, the Planning Commission is concerned with the code requirements. He stated that the proposed tutoring business is a conditionally permitted use at the subject location and he is in favor of approving the proposal. Commissioner Lewis stated that her initial concern was related to parking, but in reviewing the staff report it appears that both staff and the prospective tenant conducted an adequate parking survey. In addition, they have the facility across the street where some of the students will attend and majority of the children will be walking to the facility from the surrounding schools; therefore, parking should not be an issue. She agreed with Commissioner Lin’s sentiments regarding that it is not the Planning Commission’s duty to factor in the issue of the dispute between the two businesses when making a decision. She concluded that she does not find any problems or issues for denial of this proposal. Commissioner Thompson stated that he is also persuaded by the parking study that was conducted and the findings are well documented. The business competition issue should be handled between the landlord and tenants. He explained that the subject building is over 62 years old and it needs help with occupancy in terms of economic development. It is uniquely situated to service First Avenue Middle School and Arcadia High School students and allows students the convenience to walk to the facility. He stated that the findings and facts within the staff report are well documented and he is in favor of approving the proposal. MOTION It was moved by Commissioner Lin, seconded by Commissioner Lewis to adopt Resolution No. 2004 – Approving Conditional Use Permit No. CUP 17-12 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new tutoring center for up to nine students at 909 S. Santa Anita Avenue, Unit I ROLL CALL AYES: Commissioners Lin, Lewis, Fandry, and Thompson NOES: None ABSENT: Chair Chan There is a ten day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Monday, November 27, 2017. 5 11-14-17 2. Resolution No. 2005 – Approving Conditional Use Permit No. CUP 17-09 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new restaurant with alcoholic beverage service, karaoke, and extended hours of operation at 1205-A S. Baldwin Avenue in the Arcadia Hub Shopping Center Applicant: Kai Wing Wai Recommended Action: Adopt Resolution No. 2005 Planning & Community Development Administrator, Ms. Flores introduced the item and turned it over to Assistant Planner, Ms. Quiroz who presented the staff report. Vice Chair Thompson opened the Public Hearing and asked if the applicant would like to speak on this item. Designer and project coordinator, Ms. C.C. Chang responded Applicant, Ms. Loretta Wai responded. Vice Chair Thompson asked if anyone else would like to speak in favor of the item. The following people responded: Ms. Victoria Chu, Arcadia resident Ms. Chu stated that the business concept is a cultural phenomenon and would be a great addition for the City’s residents. The proposed business is located on the second floor of the shopping center, is located in between businesses, and faces a parking lot. Given its location it should not disturb the surrounding residents. Ms. Patsy Ma, a leasing agent of the subject Arcadia Hub Shopping Center. Ms. Ma is in favor of the project because she is familiar with the prospective business. She rented out a space in Alhambra to the prospective business for the past five years. Throughout that time she has had a good business relationship with the business owners and never encountered any issues. The business concept is not like a typical karaoke facility. This business is more family-oriented and as a leasing agent and resident of Arcadia she thinks this business will be a great addition. Mr. Tony Chen, property manager of the subject Arcadia Hub Shopping Center. Mr. Chen addressed some of the concerns relating to security. The addition of the proposed business will add diversity to the shopping center. In addition, the unit has been vacant since 2013, so it will be an economic benefit to rent out the space. Vice Chair Thompson asked if there was anyone who would like to speak in opposition of the item. The following Arcadia residents responded: Ms. Catherine Ken Ms. Ken expressed concerns with allowing this type of business to operate near a 14- unit residential condominium that she manages and resides in. They are located 900 feet away from the proposed business. The nature of private karaoke rooms and late 6 11-14-17 operating hours is like operating like a night club. Her main concerns are excessive noise, patrons loitering, cars speeding, traffic, and safety concerns. Mr. Andrew Dodge Mr. Dodge lives on Camino Real which is one block away from the proposed business. He is opposed to the project because it will create loitering, excessive noise especially after midnight, and an increase in traffic. His main concern is that all of these issues will occur during the extended hours of operation. Ms. Pat Amos Ms. Amos lives across the street on Naomi. She stated that the prospective business with a bar and karaoke is comparable to living across the street from a strip club that never closes. She questioned the current security measures because she constantly sees homeless people loitering around the shopping center and never sees security present. She does not believe she can trust the proposed security measure because the current security issues at the shopping center are not being addressed. Her main concerns are that there will be an increase in trash, people loitering and smoking, and that fact that people will be able to drink throughout the extended hours of operation. There are already issues in the neighborhood with packages being stolen and she fears that people being around during the extended business hours will create additional problems. She asked if the City moves forward with approving this project if the following can be required: add a condition to ensure that the trash created by this business be cleaned up, limit the serving of alcohol to beer and wine, and increase patrol by the Arcadia Police Department around the business and surrounding area during the extended business hours. Ms. Carina Quan Ms. Quan lives on Naomi Avenue near the proposed business. She has similar concerns as Ms. Amos. Her main concerns revolve around safety issues. In her opinion the current security guards at the shopping center are not productive. She has had to call Arcadia Police Department in the past for issues that occurred at the shopping center because the security guards were not responsive. She explained that car clubs meet weekly at the shopping center which brings in a young crowd that loiters for a long period of time and creates a nuisance. She can hear patrons loitering at the shopping center almost nightly until 2:00 a.m. This is a major nuisance because her husband has to wake up at 4:00 a.m. to go to work. The nature of private karaoke rooms will encourage people to drink excessively and especially during the extended hours of operation. All of these factors will lead to issues such as people creating excessive noise and speeding when they leave the facility. Vice Chair Thompson asked if the applicant would like to speak in rebuttal to the opposition. Ms. C.C. Chang and Mr. Tony Chen responded. They addressed the security issues which are a major concern of theirs. Mr. Chen stated that the security guards have to report to him frequently and if any issues arise no matter what time of the day he will respond and make sure they are taken care of. In addition, the prospective business will have private security within the facility. Mr. Chen explained that both security companies can work closely together to mitigate any problems. Ms. 7 11-14-17 Chang responded to Vice Chair Thompson’s question regarding how they will mitigate any noise issues. Ms. Chang explained that the noise factor is mitigated by the design of the floor plan. When you enter the restaurant the first area is a large dining room. Then further back is where the private karaoke rooms are located. In addition, the business is located between two buildings on either side and Burlington Coat Factory is located behind the business which creates an additional buffer. She also clarified that the private rooms are an accessory use and can be used just for private dinning events without karaoke. She explained that there will be sound proof installation and glass windows and doors from the ceiling to the floor for each private room. In addition, they will have security cameras in the private rooms and will make the recordings available to the police department if necessary. MOTION – PUBLIC HEARING It was moved by Commissioner Lewis, seconded by Commissioner Lin to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Thompson stated that if the Commission were to approve this proposal, he suggested that condition No. 7 of the conditions of approval be amended to include that a licensed uniformed security guard should be on site every day from 9:00 p.m. until closing. He is in favor of condition no. 4 which states that the serving of alcohol shall end one hour before the facility closes and he would like to add that the serving of alcohol shall be limited to beer and wine only. In attempt to limit the noise level in the evening he would like to prohibit any delivering trucks from making deliveries between the hours of 10:00 p.m. to 7:00 a.m. Provided those conditions, he is in favor of approving the proposal. Commissioner Lewis stated that Commissioner Thompson’s comments and conditions seem reasonable. She agrees with him regarding limiting the time that deliveries can be made to the surrounding business. She reviewed other various karaoke facilities that operate in a similar manner as the proposed facility and they do not have any problems with police or security. It does not appear to be like a typical karaoke facility, but is more similar to a family restaurant environment. She is not concerned with noise factor because the private karaoke rooms are located in the back of the business which is surrounded by Burlington Coat Factory. She is pleased that the parking lot is going to be fixed and restriped. She concluded that the proposed business will be a nice addition to the mall economically and add variety to the shopping center. Commissioner Lin agreed with his fellow Commissioner’s comments. He proposed adding a condition of approval requiring that the applicant prohibit loitering for more than 30 minutes outside the storefront and the security guard would be responsible for enforcing that condition. Since the applicant offered to sound proof the private karaoke rooms, he proposed that a condition be added to enforce that. Assistant City Attorney Mr. Maurer explained that without a current standard available for sound proofing, he is not sure what standard could be used to enforce the requirement to sound proof the interior private karaoke rooms. Ultimately, there is already a condition relating to noise emitting from the facility and if an issue were to arise relating to excessive noise, there would be grounds to revoke the Conditional Use Permit. For the record, Mr. Maurer read the amended and new conditions based on the Commission’s comments: 8 11-14-17 “Condition No. 4, alcoholic beverage service shall end at 1:00 a.m. which is one hour prior to closing time and shall be limited to beer and wine. Condition No. 7 will be modified to state that a licensed uniformed security guard shall be on site every day from 9:00 p.m. to closing. Condition No. 13 will be added to state the use shall not allow excessive loitering at the store front, loitering beyond 30 minutes shall be considered excessive. Condition No. 14 will prohibit deliveries from 10:00 p.m. to 7:00 a.m.” He added that staff noted that there is a typographical error in Condition No. 10 and at the end of the condition it should state restaurant. MOTION It was moved by Commissioner Lin, seconded by Commissioner Fandry to adopt Resolution No. 2005 – Approving Conditional Use Permit No. CUP 17-09 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new restaurant with alcoholic beverage service, karaoke, and extended hours of operation at 1205-A S. Baldwin Avenue in the Arcadia Hub Shopping Center subject to the modify conditions as set forth by Assistant City Attorney Mr. Maurer as follows: “Condition No. 4, alcoholic beverage service shall end at 1:00 a.m. which is one hour prior to closing time and shall be limited to beer and wine. Condition No. 7 will be modified to state that a licensed uniformed security guard shall be on site every day from 9:00 p.m. to closing. Condition No. 13 will be added to state the use shall not allow excessive loitering at the store front, loitering beyond 30 minutes shall be concerned excessive. Condition No. 14 will prohibit deliveries from 10:00 p.m. to 7:00 a.m.” ROLL CALL AYES: Commissioners Lin, Fandry, Lewis, and Thompson NOES: None ABSENT: Chair Chan There is a ten day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Monday, November 27, 2017. 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. 3. Minutes of the August 22, September 12, and September 26, 2017, Arcadia Planning Commission Regular Meetings Recommended Action: Approve MOTION 1 It was moved by Vice Chair Thompson, seconded by Commissioner Lewis to approve the Minutes of the August 22, 2017, Arcadia Planning Commission Regular Meeting. 9 11-14-17 MOTION 2 It was moved by Vice Chair Thompson, seconded by Commissioner Lin to approve the Minutes of the September 12, 2017, Arcadia Planning Commission Regular Meeting. MOTION 3 It was moved by Vice Chair Thompson, seconded by Commissioner Lewis to approve the Minutes of the September 26, 2017, Arcadia Planning Commission Regular Meeting. ROLL CALL AYES: Commissioners Thompson, Lewis, Lin, and Fandry NOES: None ABSENT: Chair Chan MATTERS FROM CITY COUNCIL LIAISON Council Liaison Beck was not present MATTERS FROM PLANNING COMMISSIONERS Vice Chair Thompson welcomed Commissioner Fandry. He reported that Appraisal Institute event at the race track was well attended. He was pleased to see that the City Council overturned the appeal for 1231 San Carlos Road relating to the circular driveway. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Mr. Maurer reported that there have been a lot of changes in legislation. The major one was relating to SB 1649 which would have limited cities regulations over small sites, it was initially approved by the legislator, but then vetoed by the Governor. This will continue to be a battle between cities and cell companies which are exploring what can be done at a federal level. He will continue to monitor this and will report any new information. The other major news relates to a series of about 15 bills relating to affordable housing and what sort of authority local government has to regulate affordable housing. Some of the bills limit authority and create new processes in certain situations. He made several notes relating to these items and will create a legal alert to send around to the Commission. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Planning & Community Development Administrator, Ms. Flores announced that there are no items pending for the next meeting on November 28; therefore, the meeting has been cancelled. Currently, there is one item pending for the December 12, 2017 relating to a condominium conversion located at 145-149 Fano Street. She reported that during this month there were two community meetings relating to the draft Historic Preservation Ordinance. In addition, interviews were conducted with the City’s stakeholders relating to the Design Guidelines Update. She announced the following events happening around town: a Drive-In movie event that will be held at the race track on December 9, and a Minor Use Permit application has been submitted for a new bowling alley located at the Westfield Shopping Center that will occupy the former Sports Chalet store. Chair Chan wanted to ask the Commission if they would like to cancel the December 26, 2017 Planning Commission meeting. The Commission was in favor of cancelling this meeting. 10 11-14-17 ADJOURNMENT The Planning Commission adjourned this meeting at 9:17 p.m. to Tuesday, December 12, 2017, at 7:00 p.m., in the City Council Chamber at 240 W. Huntington Dr., Arcadia. Brad Thompson Vice Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission