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HomeMy WebLinkAboutNOVEMBER 22, 1988 . . Planning Commission proceedings are taped recorded .and on file in the. office of the Planning Department. MINUTES ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Tuesday, November 22, 1988 The Planning Commission of the City of Arcadia met in regular session on Tuesday, November. 22, 1988 at 7:30 p.m, in the Council Chambers of the Arcadia Cliy Ha.II, 240 West Huntington Drive, with Chairman Larry Papay presiding. PLEDGE OF ALlEGIANCE ROLL CALL: PRESENT: ABSENT: Commissioners Amato, Clark, Hedlund, Szany,Papay None MINUTES ~TION It was moved by Commissioner Clark, seconded by Commissioner Amato to approve the Minutes of October 25, 1988 with the following correction: Page 6, third paragraph, line 3 should read: .As far as thew camp...... The motion passed by voice vote with none dissenting. ~TION It was moved by CommissionerSzany, seconded by Commissioner Hedlund to read the resolution by title only and waive the reading of the full body of the resolution. The motion passed by voice vote with none di.ssenting. OTHERS ATTENDING: Councilwoman Mary Young City Attorney Michael Miller Planning Director William Woolard Senior Planner Donna Butier Associate Planner Wilfred Wong Associate Planner Corkran Nicholson PUBLIC. HEARING C.U.P. 88-027 57 East Foothill Boulevard Hank H. Yacoub Consideration of a Conditional Use Permit for the sale of liqiJorfor off-premise consump- tion within t50 feet of residentially zoned property. The applicant proposes to open'a Arcadia City Planning Commission November 22, 1988 Page 1 . . gift shop which will include the sale of liquor packed in gift boxes The staff report was presented. Hank Yacoub, the applicant, spoke in favor of the application and agreed with all the conditions in the staff report. Commissioner Hedlund asked what kind of license he would be getting from the ABC. Mr. Yacoub indicated the ABC license is for beer and wine'sales; no hard liquor. The only thing that is sold on the premises is wine and champagne; there will be no hard liquor or beer., The City Attorney indicated that the land use restrictions applied by the City will predominate regardless of the type of license. Although it is Inclusive 'beer and wine' the City can limit it within the parameters as described by the Planning Commission. Chairman Papay asked if Mr. Yacoub would have a problem with rewording condition number 3 to say that all wine and beer which is sold shall be gift wrapped or packaged? Mr. Yacoub indicated ,it would not, be a problem because the business is primarily a gift shop and they will be doing gourmet gift baskets. tvOTlON Motion was made by Commissioner Szany. seconded by Commissio'nerClark to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner'Hedlund said as long as it 'stays the way it)sintended he had no problem. He did not think it was necessaJ)' to say no beer because there are special imported beers that. could be ,put into gift packs; he did not think it should, be restricted that much. He had a problem with the way conditions 3 and' 5 were worded because he felt they could be circumvented. Chairman Papay indicated that the applicant is willing to accepHhat 'liquor' be changed to 'beer. wine and champagne'. c;ity Attorney Indicated In condition 5 the wording could be added that the 'sale of beer and wine shall be limited to.... The City Attorney questioned 'gift wrapped or packaged' does that mean it will be displayed as such on the shelf as opposed to buying It in the open and wrap it? Mr. Yacoub indicated in the retail area they will be gift wrapped; however. there will be a rack to display. the types of wine and champagne available so that customers can make a selection as to which type they wish to be Included in the gift package. The wrapping is not going to take place in the retail area it will be done in the back. Chairman Papay Indicated that staff had suggested that there be an additional condition 8 'that for the purposes of this C.U.P. liquor Is defined as wine, beeiand champagne'. Arcadia City Planning Commission November 22, 1988 Page 2 . . MJTION Motion,was made by Commissioner Clark, seconded by Commissioner Hedlund to approve C.U.P. 88-27 and file the Negative Declaration and find that the project will not have a significant effect on the environment and direct staff to prepare the appropriate resolution incorporating the 'specific findings and conditions of approval as set forth in the staff report with the additional condition no. 8 "That for the purposes 6f this C.U.P. liquor is defined as wine, beer and champagne." ROLL CALL AYES: Commissioners Amato, Clark, Hedlund, Szany and Papay NOES: None Chairman Papay indicated there is a five working day appeal period after the adoption of the resolution. PUBLIC HEARING C.U.P..88-028 Arcadia Gateway Centre - the south side of Huntington Drilie between Second and Fifth Avenues Arcadia Gateway Centre Associates, Ltd. Consideration of a Conditional Use Permit to .operate three eating establishments with seating for 12 persons each and with a com- bined floor area for all three of not to exceed 6,000 sq. ft. Commissioner Hedlund abstained from this hearing because he has, worked on the Arcadia'Gateway Centre project for Gribble and Associates. Chairman Papay indicated that It will take three out of the four commissioners present to approve this item. The staff report was presented. Chairman Papay asked if the Commission has ever approved this type of approach before of "generic" eating establishments without specific knowledge of the types of uses. In response to a question from Chairman Papay staff indicated that this is the first time that a shopping center has. requested a conditional use permit for "generic' eating estabHshments. Usually this type of eating establishment means a delicatessen, yogurt, donut shops, etc.; primarily take out types of facilities which provide a limited amount of seating. ' Chairman Papay indicated considering where this is located the uses will be serVing to some extent the commercial office buildings within the center. George Grosso, Arcadia Gateway Associates, Ltd., Irvine, California spoke in favor of the proposal. He indicated that the only serious Inquiry they have had thus far Is a delicatessen. They would like the flexibility of having at least three of these establishments in the retail center because the office buildings that will be located behind the retail build'ing and potentially across the street are very good customers for these types of users. They agreed with all the conditions set forth in the staff report. Dorothy Gamer, 1231 Golden West #23, asked what the conditions were for this proposed use? Staff outlined the required conditions. Arcadia City Planning Commission November 22, 1988 Page 3 . . r.oTDN Motion was made.by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Clark indicated that he would like to know the types of uses coming in but thought the conditions take care of any concerns that he might be and he fell this was an appropriate use of the property, Commissioner Amato did not have any problems with the three different types of restaurants as long as they are not competitors. Coml!lissioner Szanyconcurred with Commissioner Clark indicating that this is such a large complex tharthere should not be any parking problems. If it was a smaller complex there. could be some problems. . Chairman Papay agreed with the comments and noted having some small eating establishments is most appropriate especially with the office buildings on the site. r.oTDN Motion was made by Commissioner Clark, seconded by Commissioner Amato to approve and file the negative declaration and find that C.U.P. 88-028 will not have a significant effect on the environment and direct staff to prepare the appropriate resolution incorporating the specific findings and conditions of approval as set forth in the staff report. ROll CAll AYES: NOES: ABSTAIN: Commissioners Clark, Szany, Amato, Papay None Commissioner Hedlund Chairman Papay explained that there Is a five working day appeal. period after the adoption ofthe resolution. --------------~---------,------- PUBLIC HEARINGC.U.P. 88-029 Existing shopping center bordered by Duarte Road, Golden West Avenue and Naomi Avenue (1220-1300 Golden West Avenue) Consideration of a Conditional Use Permit for three restaurants of 4,800 sq. ft., 1,600 sq. It and t ,200 sq. ft. Request will require a parking modification for 316 parking spaces in I.ieu of 352 spaces. The staff report was presented. Commissioner Hedlund asked if there were any numbers which justified the parking modification? Staff Indicated that it is impossible to do a parking study because the. site .is vacant and based upon our experience. with centers this size we have .not had parking problems. Raymond lee, Diamond Bar, the owne(senginaer, spoke in favor of the project and indicated that they agreed with all the conditions set forth in the staff report. Arcadia City Planning Commission November 22, 1 988 Page 4 . . In response to a question from Commissioner Clark, Mr. Lee indicated that they did not know what types of restaurants would be occupying these spaces. Chairman Papay,in regards to the 1600 sq. ft. and 1200 sq. ft restaurant he Indicated that itwould probably be difficult to have more than 12 seats In these types of eating establishments. Mr. Lee Indicated that they may combine the 1600 sq. ft. and 1200 sq. ft. restaurant Into one restaurant. They are more interested In the total square footage rather than the number of restaurants. He noted that the areas identified on the plans are the spaces which would be utilized for the restaurants. The Planning Director stated that the total area involved would not be any larger than the'sum of the three restau'rants proposed but the applicant is asking for the flexibility of having one restaurant of 4,800 sq. ft. and either two additional restaurants as shown in the report or one additional restaurant which would be equivalent to 2,800 sq. ft. or the sum of those two. Chairman Papay summarized that what they are requesting is a C.U.P. ;for a maximum of three restaurants with a combined floor area of 7,600 ilq.ft. Staff indicated that they were not aware that the applicants might want to combine the 1,600 and t ,200 sq. ft. areas into one restaurant, however the parking deficiency does not change and staffs recommendation would not change whether the square footage was in one restaurant or three restaurants. Staff explained the parking regulations are based on total square footage and not an seating. If you want to provide him with the flexibility of having either two or three restaurants, staff suggested adding a condi~on of approval clarifying that. Staff also ,noted that,the seating requirements were subject to the fire department and building department standards. Commlssioner"Szany thought that 1200 sq. ft. space was mare conducive to a take aut with same seating rather than a restaurant. If we have a restaurant of 7200 sq. ft. there wciuld be mare impact on the parking. Staff indicated that with a business which is primarily take aut with some seating, staff has usually limited the seating to 12 and has not required the additional parking; however, a t 200 sq. ft. restaurant could provide seating for mare than 12 persons based upon the Uniform, Building Code. Staff noted that a restaurant of 1200 sq. ft. and 1600 sq. ft. probably has less impact on the parking than a restaurant of 2800 sq. ft. George Kutcharian, 55 East Huntington Drive, Arcadia, representing the applicant indicated that th!lY would like the flexibility of having two restaurants but prefer to have three. Sheng Chang, 1 HO Singingwood Drive, Arcadia, spake in favor of the application. He noted it is a nice commercial center and he felt approval of this ,plan would upgrade the commercial activities in this area. Shual Yee Horn, 4t 1 Scott Place, Arcadia, spake in favor of the application. Tad Stalk, 802 West Naomi Avenue, spoke in opposition. He was concemed with the traffic density and felt that If this is granted there will be additional, cars parked on the street because the amount of on- site parking will not be adequate. Arcadia City Planning Commission November 22, 1988 Page 5 . . Ronald Gottschalk, attorney representing two of the home owners in the Villa Doral Town Homeowners Association, 1160 South Golden West spoke in opposition to the proposed application. He felt the application was misleading and that there was potential liability that the City may face as a result of aPproval of this particular application. He had heard that one of the proposed restaurants will have both dancing, and hard rock music. My clients are objecting in particular to this on the basis that the Commission is being asked to approve family style restaurants. This is a residential community and residential area with condominium's directly next door and across the street and he felt they had a right to know before the application is approved what type of restaurants are going in here. He understood that many shops have already been in negotiations and that the owners know who is going in there including a major Chinese supermarket; he felt the owner knew what types of uses but was not being candid. He noted that there has never bean a restaurant across the street at the Pantry shopping center and there is a sanitation' disposal problem on this site. There is only one active store there but there has bean inadequate commercial pick up of the trash for the laundromat and other stores that are there. There has been substantial vandalism that has taken place, there have been calls to the Police and a number of people have indicated that the shopping center is not. being maintained during the period of time of which the new owners have taken over. I am also concerned about potential legal liability to the. City. There has been some discussion here tonight and I am sure that most people are aware that .this shopping center is potentially going to be 100% restricted to Chinese ancestry; now that. is what has been indicated.. While we do not oppose that I am simply indicating thaUhereis more here than has been disclosed in the applications and I do know of persons who would potentially want to lease stores with respect to this particular shopping center.... The City Attorney stated that Mr. Gottschalk was bringing up a lot of facts that have nothing to do with this conditional use permit; furthermore they have nothing to do with liability to the City of Arcadia. This is a discretionary permit, a conditional use permit, the government code gives the City of Arcadia full immunity from liability for anything to do with this particular project. Mr. Gottschalk was bringing in facts that aren't even pertinent to this particular consideration this evening and things that simply aren't even. provable because he does not have any facts. Mr.. Gottschalk has innuendos and heresay and all sorts of allusions that are not under the jurisdiction of the Planning Commission this evening. The. City Attorney indicated that the Commission should ignore any statements that Mr, Gottschalk' is making in regards to potential ,lIability of the City based upon what mayor may not happen in the future with reference. to ownership of that particular project. Mr. Gottschalk noted that the following items on the public hearing notice were incorrect and there has been a lack of preparation in bringing to. the Commission the full and complete picture of this application. He indicated that the Planning Commission is getting the idea that the shopping center is going to be limited to three restaurants, however, that is not what is being told to realtors in this City and that .is not what is being told to people that have a vested interest in this. shopping center; he thought the City Planning Commission was entitled to be told the truth. The public hearing notes that landscaping will not change; however, according to Mr. Wong there will substantial upgrading of the landscaping with respect to this shopping center. He did not feel this is not an existing shopping center because o,nly two or so businesses are open. Before the Commission approves this application, the developer should come forWard and indicate If he has tenants already lined lip; he should disclose the name of the tenants and the purpose of the property and not come before you and simply say we seek to have three restaurants. If it is other than family type restaurants, they are opposed to it. Mary Melanson, 917 W. Duarte Road #t3, representing the home owners association, spoke in opposition to the requested conditional use permit Rebecca Fortschneider, 802 West. NaomiAvenue, president of Arcadia Town Homes West, representing 30 units. They are opposed to this because of transportation, noise, traffic and lighting. This is a residential area and they are already burdened with traffic from Von's Pavilion. Arcadia City Planning Commission November 22, 1988 Page 6 . . Allen Hogg, 1231 Golden West, President of Shelter Isle Village Condominium Association directly across the street, spoke in opposition to the proposed use. They were concerned regarding the types of restaurants; will the restaurants be serving liquor; will there be entertainment; the hours of operation. . We are residential and we don't want to be kept awake until 2:00 in the morning with loud noises and traffic. m. We have heard of three restaurants as a lead in to the other stores and according to the staff report Ihere is a parking deficiency, He questioned if other stores have been leased yet? He .felt the residents and Planning Commission should have this Information before approving anything. Bob Scheuerell, 1231 Golden West, noted thaI When the Pantry Market was open there was a parking problem and the City pU1 up limited parking hours on the street. This caused Ii problem when the residents had visitors coming and would get parking tickets if they visited during the day time. He is concerned about the parking and fell thaI anything that goes in should have all the required parking. Another Ihing he was concerned about was the venting of fumes from the restaurant. He asked if an EIR had been done regarding fumes and parking? Eric Gottschalk, 1160 South Golden West Avenue, secretary of the Villa Doral Homeowners Association, spoke. on behalf ofthe :association and. stated thaI he agreed with Ronald Gottschalk's previous comments and did not want to see any restaurants. Bob Jorgensen, 762 West Naomi AVenue spoke in opposition to the proposed restaurants. Heindicated that he was concerned with the parking. He felt the Planning Commission should know the types of reslaurants going In and the size of the restaurants. Haik Zanobians, 6805 Golden West Avenue spoke In opposlllon because he was concerned regarding.the type of restaurants and hours of operation. Simon ?, 9822 Naomi Avenue, spoke in opposition to the requested restaurants. He was concerned with parking, traffic and lighting. George Kutcharian, president of Kutcharian International, Inc., represents the clients and indicated all contacl is through him. He indicated that they have not made any. commitments of what is going in the center. There wilJ be.a 36-38 space parking defiCiency if the restaurants are approved. This si.te will reopen shortly and he noted that one of their major concerns are the residents in the area. He noted that the major access to the site is from Duarte Road and Golden West Avenue and he did not think there would be a major problem on Naomi. He stated the restaurants were going to be strictly family type restaurants, they would nol be hard rock or disco. Their intention is to make this a nice shopping center. He noted that .they have not done any sort of commitment as far as this being a 100% Chinese center; there have been negotiations with all types of tenants. Chairman Papay asked if they would consider some limitations on the hours of operation and the type of entertainment which mighl alleviate some of the fears of the adjoining residents? Mr. Kutcharian Indicated that is not a problem; they would comply with every rule of the City. Commissioner Hedlund asked .if he felt the reduction in the parking spaces would be a problem and that Ihe shopping center would be better with less parking? Mr. Kutcharian answered that he would like to see the center open and be somet.hing that the City could be proud of. He indicated they were trying to make the bestthat they can out of the center. Commissioner Siany asked if they have any idea of what may go into the Pantry market? Arcadia City Planning Commission November 22, 1 988 Page 7 . . Mr. Kutcharian stated that currently Von's market has a lease which has 13 years left. Von's said their initial plan was to tum that building Into a training center for Von's, however, they do not know what they are going to do. Von's is not going to open upanolher super market. CommissionerSzany asked why they would put a bank. there? Mr. Kutcharian said they thought it would be a good idea and they had had several inquiries. We have not decided i 00%, but this is an altematlVe. Commissioner Szany noted at this time all that" is there Is a laundromat and a shoe repair. ~roN Motion was made by Commissioner Szany, seconded by Commissioner Amato to close the public hearing on C.U.P. 88-029. The motion was passed by voice vote with none dissenting. Commissioner Hedlund asked if they had approved the signagefor this site? Staff indicated they approved signs which identified the center and they came in fora proposal to remodel the exterior of the center. Each business must come through separate architectural design review for signing. Commissioner Hedlund asked if a mar1<et would have to come back to the Planning Commission for a conditional use permit if it sold liquor? Staff explained that any blllliness in that' center' that would sell liquor for off-premise consumption would have to come. back for a conditional use permit. Commissioner Szany asked if right now without the restaurants, the parking meets all code requirements. Staff indicated they were 8-9 spaces short, however, It doesn't matter because it is an existing retail center. Because It was built as a retail center, it can, reopen as a retail center without having to, come before the Planning Commission. Commissioner Szany asked if there had baen any complaints regarding sanitation and parking? Staff'indlcated that there was use of on street parking when the Pantry was open. These restaurants are on the fiip side of where the Pantry was located. People would probably park in the 'center to get close to the restaurant. Commissioner Hedlund commented that there has always been a par1<ingand traffic problem and Naomi and Golden West were never Intended as commercial streets. He did not think the adjacent streets shciuldbe impacted with any more traffic than they already are. He thought the Planning Commission should know what types of restaurants are going in. He 'felt the application was premature. The City Attorney Indicated that the application was n9t deemed to be premature by the staff because the Planning Commission can condition this to prescribe generally the types of restaurants, you can also prescribe through conditions the types of activities, that go with the restaurant and provide for restrictive hours and other limitations vis a vis, entertainment. They have a right to be heard and adjudicated this evening. Commissioner Szany asked if the Planning Director could explain why or why not we need an environmental impact on something like this. The Planning Director explained that normally an environmental impact report was not required unless there was some significant effect on the environment. Based upon stairs analysis of the project' we Arcadia City Planning Commission November 22, 1988 Page 8 . . couldn't make that finding. Restaurants are permitted uses in a shopping center through the conditional use permit process which means that this is the type of use that is okay in this area subject to certain conditions. Staff could not find any significant environmental impact from such uses. The Director further Indicated that the City has had problems with trash periodically on this site. Commissioner Clark stated he had a real tough time giving blanket approval ofthree restaurants which he knows nothing about. Chairman Papay indicated this project could be approved the way it is; it is a conditional use permit which, was good for a year if there Is no action on it. The Commission could modify the C.U.P.and put restrictions that would establish ce,rtain parameters for operation such as hours, and restrict the amount of music, etc.. The Planning Director indicated that C:U.P.'s go with the property and one day you might approve a particular type of restaurant for a site but anytime later that could change and the use sold to a different operator and the whole restaurant could change to a different type of restaurant. What the Commission is looking at Is a restaurant not the "type' of restaurant. You can limit the use in terms of hours, noise levels pertaining to entertainment, etc., those are reasonable conditions and they would apply to any type of restaurant that would occupy that space. The City Attorney indicated that there is only so much you can do and it is not in the ordinance that:we can consider the exact type in reference to the C.U.P. He was concerned about the legal consequences of that. He thought the Comm'issJon could certainly provide conditions to govern any abuses or to keep the person from going to extremes on certain endeavors, but he thought staff would have a monumental problem in terms oi what Mr. Woolard just said because restaurant types can change. Chairman Papay Indicated that is why he is suggesting hours, of operation and limitations on the amount of music. The City Attorney advised that the Commission has a lot of latitude with the types of conditions that can be placed on a. use as long as they relate to genuine problems that are raised. Commissioner Szany asked if they weren't looking at something a little more blanket"than usual. They have no idea what Is' going to be at one comer; they are already talking about a parking deficiency to begin with; in .some cases they have slild no problem with a parking deficiency because they have known what Is in a center. There is the possibility of a bank, they don't know If it is going to be a drive-up or walk-up. If a successful market is opened where the Pantry was they could have an Influx of more cars than the'site can. handle. The City Attorney advised that some of the uses that go in there are a matter of right under the existing zoning; other uses are discretionary and would have to come before the Planning Commission by way of a conditional use Parmit and maybe down the road some other proposed use will not be granted by this body because of the consequences of the parking. He did not see how you they could not adjudicate this application as long as the City code allows it based upon some future sPeculation. What is before the Commission is a request for' three restaurants. The type of restaurants and what the shopping center might become in the future are not something which is a ground for not acting on this application. The Commission has other grounds for considering this, i.e., parking, etc. Commissioner Hedlund indicated in his experience when you start to cut down in parking you can encounter prolilems. If'thisbusiness is a success and the market does well people will park on the streets. Arcadia City Planning Commission November 22, 1 988 Page 9 . . Chairman Papay noted this could happen whether or not you had any restaurants in here. Commissioner Hedlund noted that when the site was In use before there was Inadequate parking and there were no restaurants on the site. He could not go along with a deficiency of 34 parking spaces. Commissioner Amato asked if the restaurants were not put in there how would the parking situation be. Staff noted that they would come close to compliance; they are approximately 6-8 spaces short of code requirements. Commissioner Amato stated that if they had one big restaurant without the small restaurants they would be approximately 14 spaces less than code. Commissioner'Szariy said' he did not see a problem with one restaurant in this center; he would like to see a successful center. He did not know how many restaurants this center could handle and still have adequate parking. He had no problem in allowing one restaurant now and limiting the hours and type of noise allowed. Once the center is operation ilthey want to comeback for conditional use permits for other restaurants the Commission would be .able .to better determine if there was adequate parking o.n the site. This is.a compromise. CommiSsioner Arnato concurred with allowing one restaurant. He also thought the lighting should be improved on the site. Commissioner Clark said he could compromise and allow one but he would have a difficult time allowing three restaurants not knowing what any of thein are going' to be or what the impacts are going to be especially as it relates to parking. Commissioner Hedlund thought until the center has some anchor tenants and other stores in operation he thought it was foolish to consider reducing the required parking spaces. There was discussion regarding lighting for the center. It was noted that the Qity has .standards for lighting but it is not mandatory in a parking lot. Chairman Papay indicated that people talk about lighting and cleanliness but the situation is not going to get any better unless they can get some tenants In there and come up with something which is acceptable. Cominissioner Siany stated that a successful center Is going to have to be well lit. Mr. Kutchanan noted that the trees obscure many of the lights and most of the bulbs in the light standards are out in the parking area.. Commissioner Amato stated he would like to see .so many foot candles required in the parking area. The City Attomey indicated that this could be done through some sort of condition; a review by staff and follow-up report and expertise input and come up with a lighting requirement and that could be included in this conditional use permit. t' Commissioner Szany said in a center like this he felt .one restaurant was . appropriate and was what you would normally see along with maybe one or two fast foods. This area is zoned for a shopping center and he felt one restaurant was apPropriate. He concurred wit~. the recommendations by staff. adding conditions that allow only one restaurant of 4800 sq. ft. and if they want to come back later for fast foods or another restaurant at another time the Commission would review that application at that time. Also to Iirnlt the hours from 8:00 a.m. to 11 :00 p.m. and weekends to 12:00 midnight and music for Arcadia City Planning Commission November 22, 1988 Page 1 0 . . entertainment. In regards to lighting, perhaps a condition which sets forth a condition that lighting be provided to the satisfaction of staff and shielded from residential areas. Chairman Papay commented that if you look at all the shopping centers, they all have eating establishments. He recogniied'that there are residential areas on three sides of this center. He felt they need to find ways to get that center active again. The concerns about sanitation, lighting and cleanliness are not going to be solved If the center remains inactive. The conditional use permit process allows you to put requirements on the developeno bring some of these changes about. t/DTON Motion was made by Commissioner Szany, seconded by Commissioner Amato to approve C.U.P. 88-029 and approve and file the Negative Declaration and find that the project will not have a significant effect on the environment and direct staff' to prepare the appropriate resolution incorporating the specific findings and conditions of approval as set forth in the staff report with the following additions: 11 . Approve only one restaurant of not 10 exceed 4,800 sq. fl. 12. That the hours of the restaurant be limited to 8 a.m. to 11 p:m. Sunday through Thursday and 8 a.m. to 12 am. F.riday and Saturday. 13. That any entertainment or activities on the premises be in total compliance with ordinances and regulations of the City of Arcadia and that in no case shall it constitute a public nuisance. 14. That a lighting program for'the parking lot shall be submitted to the Planning Department for its review and approval. Commissioner Hedlund stated that he would like to see this center open but he just could not vote, in favor of a reduction of the required parking. ROLL CAlL AYES: Commissioners Szany, Amato, Clark and Papay NOES: Commissioner Hedlund Chairman Papay Indicated that there is a five working day appeal period after ihe adoption of the Resolution. PUBLIC HEARING T.M. 47002 330 EI Dorado Street John Woo for EI Dorado Investment Group Consideration of a proposed tentative map for an 11 unit residentia,1 condominium project The staff report was presented Joe Kwoh representing John Woo, the applicant, spoke in favor of the application and indicated agreement with all the conditions of approval set forth in the staff report. t/DTON Arcadia City Planning Commission November 22, 1988 Page 11 . . Motion was" made by Commissioner Hedlund, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. M)IDN Motion was made by' Commissioner Hedlund, seconded by Commissioner Szany to approve Tentative Map 47002 with findings A-1, A-2 and A-3. ROLL CAlL AYES: Commissioners Szany, Amato, Clark, Hedlund, Papay NOES: None PUBLIC HEARING M.P. 88'032 609-619 Fairview Avenue Raouf Sedky Consideration of a proposed 20 unit residential condominium having a building length of 266'-6' in lieu of 165'-0' The slaff report was presenled. Commissioner Szany asked if all driveways are supposed to be" concrete. Staff stated driveways can be asphalt. Tony Ngai, t 833 Victory Boulevard, Glendale, architects for the project, spoke in favor of the request. He noted the lot is zoned for 22 units and after having surveyed the community and looking at the type of developments thaI are being built in Arcadia, they wanted to do something a little different than "the standard shotgun approach where you come in the driveway and have two rows of units. They are proposing a motor court concept where every four units have their own motor court and it appears to be groups of buildings. There is a 4 t o/~ ground coverage. It creates a design which appears to" be a cluster of buildings' and you do not perceive it as one long building of 266 feet. They have used so much open space In creating lhis type of concept that is why lhey do riot meet the building length of 165 feet. They feel this concept enhances lhe interior scene for the residents; it creates a sense of community where everyone has their private court to the side. They felt that the purpose of the 165 foot limit of the ordinance is so that you do not get a barrack-type of building. The" way this building is shaped it meets the spirit of the code. They'indicated agreement with the conditions set forth in the" staff report. M)IDN Motion was made by Commissioner Clark, seconded by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. Council Member Young asked if the driveway was depressed or does it start at grade level? StaW indicated it was depressed approximately 3'-0'. Commissioner Clark thought it looked like a good development. He did not have any problems with the modification ,in regards to the length of the building; however, he would like to see concrete instead of asphalt in the driveway. He thought It would be a nicer project if they did that. Commissioner Szany commented that this is a"2 1/2 story building and looking down at the ,perspective he did not feel there were enough ins and outs to make it feel like the building has bean broken up into two or ihree buildings. The reason for the j 65 foot length is so you can get the air space and avoid the Arcadia City Planriing Commission November 22, 1988 Page 12 . . tenement design as in the past. The architect has made an attempno design something which has a lot of relief In It on the inside; however, the first floor plan is pretty much a long straight wall. He did not think .thls design achieved the intent of the code. He noted thanhe court side was broken up very well but there is not adequate relief along the exterior sides of the building. He did feel it was a nice contemporary design but he was not comfortable with the modification. Chai(lTlan Papay stated he had an inclination along those lines. He felt if you were gong to exceed the length restriction the design should be exceptional. He did not feel this design went far enough to warrant approval of exceeding the 165 feet. Commissioner Hedlund asked if they could do something with materials? Commissioner Szany indicated thaI is noUhe Intent of lhecode, the intent of the code Is to provide a little sunlight. The code is very lenient; other cities allow only 100 foot long buildings, He did not think they were asking too much. From the court and from the front this is a nice project. He did not think this project has done what it should have done to warrant the 266 foot long length on the east and west sides. Chairman Papay stated that if there was additional sentiment along those lines, perhaps the best thing would be to see if the applicant was willing to continue the public hearing and work with the suggestions that have been made to resolve the concerns the Commission had. Commissioner Hedlund indicated he liked what he had done in the courtyard area. Commissioner Amato said he would be willing to see if the applicant would like to continue this item. Chairman Papay reopened the public hearing and explained to the applicant that he has heard the comments of the Commission. There are two ways to go; one is to indicated. they did not want to revise the plans and the vote would be taken and if it is. not approved they can appeal the decision to the City Council; the second is after having heard the comments of the Commission they can' continue the public hearing and they can take the comments under advisement and come back to another meeting with a revised plan. Mr. Ngistated his ideas behind the concept of the design. Chairman Papay noted that the inside of'the .project has a lot more of the spirit of breaking the building up and giving a third dimension to what would otherwise have been a long continuous surface. The Commission feels the outside portion of the building looks too much like a continuous wall and when they get up to 266'-6' of building there is more of a burden of proof on the architect to break that up, not so much for the residents' of this development, but. the people IIvlng'to the east and west, of the property so that it does not appear to be a massive wall. The inclination now is not to accept.the proposal based upon . the design shown here. Mr. Nglagreed toa continuance. MOTION Motion was made by Commissioner Szany, seconded by Commissioner Amato to continue this item to. December 13. The motion passed by voice vote with none dissenting. . . ------.-----.--------------.-. AUDIENCE PARTICIPATION None Arcadia City 'Planning Commission November 22, 1988 Page 13 . . .---~.-._*-------------------- RESOLUTION NO. 1394 A resolution denying conditional use permit 88-26 to expand the use of the Girl Scout meeting house at 590 South Third Avenue Mr. Woolard read the "thle of the r.esolutlons. M)TION Motion was made by Commissioner Szany and seconded by Commissioner Clark to adopt Resolution 1394 and to formally affirm the decision of November 8, 1988, reflecting the findings of the Commission and the votes thereon. ROLL CALL AYES: Commissioners Amato, Clark, Hedlund, Szany,Papay NOES: None MATTERS FROM COUNCIL None --------------'---------------- MATTERS FROM COMMISSION Commissioner Amato said he thought it was very impOitant to see better controls on lighting of commercial properties. Commissioner Szany made a formal complaint regarding Howard's Batlery on First Avenue about work being done outside, cars parked across the parkway, etc. This property has gotten worse and it"should be taken care of. Chairman Papay announced"that there Will not be a second Planning Commission meeting in December. Also Chairman Papay indicated he will sit on the December 27th Modification Committee. ADJOURNMENT 9:50 p.m. t, .-! J / Ii / l.trr.;:/':'.I._VI!fC-'" J './1--',1',( ,,'...v') ('--"'.{ :...........,A"~I c. f.-J<~.I/ Ii }'4."J-i~.::!I .- "' Secretary, Arcadia Planning Commission Arcadia City Planning Commission November 22, 1988 Page 14