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HomeMy WebLinkAboutSEPTEMBER 26, 1989 . . , Planning Commission proceedirigs are laped recorded and on file in the office of Ihe Planning Dept. MINUTES ARCADIA CITY PlANNING COMMISSION REGULAR MEETING Tuesday, September 26, 1989 , The Planning Commission of the City of Arcadia met in regular session on Tuesday, September 26, 1989 at 7:30 p.m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Pro Tem Thomas Clark presiding. PLEDGE OF ALlEGIANCE ROLL CALL: PRESENT: ABSENT: MOTION Commissioners Amato, Hedlund, Szany, Clark Commissioner Papay It was moved by Commissioner Szany, seconded by Commissioner Hedlund to excuse Commissioner Papay from tonighfs meeting. The molion passed. by voice votewilh none dissenting. MINUTES MOllON It was moved by Commissioner Hedlund, seconded by Commissioner Szany to approve the Minutes of September 12, 1989 as published. The motion passed by voice vote wilh none dissenting. MOllON It was moved by. Commissioner Szany, seconded by Commissioner Amato to read all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice vote with none dissenting. OTHERS ATTENDING: C.ouncilman Charles Gilb City Attorney Michael Miller pianning"Oirector William -Woolard- -- Senior Planner Donna Butter AssistanrPlanner James Kasama Secretary Silva Vergel The City Attorney announced Ihat the City Charter requires Ihat for any action to be adopted or approved a majority of the entire membership must vote in favor of the particular motion. If the required three votes are not obtained the motion would fail. If the required three votes are not oblalned (1) an applicant may request continuance and it is up 10 the Commission 10 decide whelher or not they want to grant it; (2) the matter could be heard and then deferred for final decision pending participation of the absent members as long as they revi.ew the records oflhese proceedings which would be made available to them or (3) the matter could simply go forward to the City Council. Arcadia City Planning Commi~sion 9/26/89 Page 1 . . \ Commissioner Hedlund abstained from this ilem. Mr. Miller noted that due to the absence of Commissioner Papay and the abstention of Commissioner Hedlund. 3 votes would be required to pass any motion. PUBLIC HEARING CUP 89-015 430 W. Huntington Drive Arcadia Gateway Centre Assoc. , Consideralion of a conditional use permit to conslructand operate a 9,200 sq. ft. restaurant with seating for 280 persons. The staff report was presented and the public hearing was opened. George Grosso, 18401 Von Karman, Irvine, in response to a question said that Bennigan's has 232 seats. He said that they are in agreement wilh all of the conditions in the staff report with the exception of condition 5. He explained that they are investing a large sum of money into this restaurant and they could not live with the restriction that condition 5 sets. He said that they can restrict 4,000 sq. ft. of the proposed office building from being leased until the whole site Is occupied and allhat time they will conduct a traffic study to determine whether to release the 4,000 sq. ft. They will police the employee parking and each business that leases a space will be made aware that their employees should park In the designated employee parking area and if they fail 10 park In the designated areas they will get.a warning the first time and the second time the car will be lowed at the employee's expense. If this restaurant was approved the proposed third restaurant on thaI sile would not be built. Councilman Gilb noted that on several occasions he has noticed that the employees ofSouplantation utilize the parking lot on the south side of Huntington and asked if they would be able to sOlve that possible problem. Mr. Grosso replied Ihat since the north side project is not complete and paved. Sou plantation employees have leniporary permission to use Iheir site. He summarized Ihe available parking in the parking structure and said that"the employees of the office building will be able to go directly to the building from the parking struclure. He said that according to Automobile Club of Southern California their heavy traffic is on Mondays and Fridays from 9:00-11 :00 a:m. and from 3:00- 5:00 p.m. Mr. Woolard remarked that the Building Department cannot restrict occupancy through the permit process but that would make them aware of any potential parking problems. There were no additional persons desiring to speak in favor or in opposition of the proposed use. M0110N It was moved by Commissioner Szany, seconded"by Commissioner Amato to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Szany liked the center and its layout. He thought that if the employees park in designated areas then there should nol be a parking problem. Commissioner Amalo didn't Ihink that it would be fair to restrict this restaurant for any violations that may occur from the one across"the street. He remarked that the employees from the office building on the site would probably walk to this restaurant instead of drive. Commissioner Clark thought that It is a nice addition to the area and was pleased with the restriction of the 4.000 sq. ft. of the office building. Arcadia City Planning Commission 9/26/89 Page 2 . . '. Mr. Woolard suggested Ihallhe following condition be added to this CUP: "That a 4,000 sq. ft. of net leasable floor area within the four story office building (440 E. Huntington Dr.), shall not be leased or rented until approval Is secured from the Planning Department following the preparatjon of a parking study (submitted by the property owner) which demonstrales that the occupancy of said building area will not result in traffic and/or parking deficiencies. . Said traffic/parking sludy shall be prepared by a traffic engineer (approved by the Planning Dept.), not sooner than six months after 90% of the office building (440 E. Huntlnglon Dr.) and of. the retail building (300 E. Huntington Dr.) are occupied. " MallON It was moved.by Commissioner Szany, seconded by Commissioner Amato to approve CUP 89-015 subject to the conditions in the staff report with the additional condition mentioned above. ROLL CALL: AYES: I'IES: ABSTAIN: ABSENT: Commissioners Amato, Szany, Clark None Commissioner Hedlund Commissioner Papay Chairman Pro Tem Clark noted there is a five WOrking day appeal period after the adoption of the resolution. PUBLIC HEARING MC 89-074 1150 Fallen Leaf Rd. Paul Chen for Pacific Gentry Co. Consideration of an appeal of the Mpdificalion Committee's .approval for 6'-0" high masonry pillars wilh 5'-6" high wrought iron fencing, and two light fixtures on the pillars adjacent to the driveway. The staff report was presented. Mr. Woolard briefly explained the process of'lhe hearing for the Homeowners Association (HOA) and thaI they should notify all neighbors within 100 oflhe property the hearing. He said Ihat it appears th.at ~ hearirlg \!as not conducted. according 10 these regulations. According to the Findings submitted by the HOA, it appears that all five members were present at the hearing and Ihatlhey all voted in favor of this item. Mr. Miller suggested asking Mr. Welch, who is a member of the HOA, if he was present at the meeting. The public hearing was opened. Earl Welch, 930 Singingwood. Dr., said that he was not aware of any meeting for the subject property and he did not vote.in favor of this lIem. Mr. Miller said that this raises a question as to whether the Architectural Revie\! Board (ARB) processed the application according to the rules and Ihat it seems that there has been a procediJral problem. At the time that hearings are held all interested parties should be notified so that Ihey Arcadia City Planning Commission 9/26/89 Page 3 . . \ , can attend Ihe hearing and give testimony. Mr. Miller said that the Commission should remand this back to ARB. Mr. Woolard remarked Ihatlf this was remanded back to the ARB and the ARB approved it. Mr. ButterWorth can then appeal it back to the Commission. Edward Butterworth, 1145 Singingwood Dr., the appellant, said that he was not notified of any hearing and didn't have an opportunity to make a presentation to the ARB. He stated that Mr. Turner, who is also within 100' of the SUbject property was not aware of any hearing. He said that Ihe applicant's, did go to the neighbors with a plan 10 put up a fence and remarked that his wife did sign it. Frank Wu, from Baldwin Realty; representing the owners stated that the new fence would be replacing the existing one and it would enhance the neighborhood. He stated that they were not aware of any meeting by the ARB for the. fence. They were told that they had to. obtain signatures to put up the. fence and they did get the required signatures. Mr. Miller summarized .the different review processes for the Commission. Paul Chen, 1835 S. Del Mar. San Gabriel, said Ihat the existing chain link fence Is not compatible with the area and at the Modification Committee when Mr. Butterworth expressed his opposition they were surprised because the ARB had approved it and no one spoke against the fence. Mr. Woolard said Ihat since doubt has been raised as to whether ihe ARB acted in accordance with applicable regulations when t~e proposed fence and the pillars were approved. the hearing should be continued to Ihe next meeting to allow the Planning Department to look inlo the ARB's processing of the proposal to determine if it was done properly. if Ihe application to the ARB was improperly processed; the entire matter will be remanded to the them for proper processing. If the ARB properly processed Ihe application, then the Modification CommiUee's approval will stand and the Planning Commission will consider the appeal. MOTION II was moved by Commissioner Szany, seconded by Commissioner Amato to oontinue the hearing to October 10, 1989. ROLL CALL: AYES: NCeS: ABSENT: Commissioners Amato, Hedlund, Szany, Clark None Commissioner Papay .. .. .. ... .. .. .. .. ... ... .. ... ... ... .. -,- ... - .. ... .. ... ....- ... .. .. .. .. .. .. - ... .. .. AUDIENCE PARTICIPATION Mr. Welch stated that it is very rare for all five members to be present at ARB hearings. Arcadia City Planning Commission 9/26/89 Page 4 . . RESOWTION 1421 A resolution granting CUP 89-01410 operate an eating establishment with seating for 12 persons at1 0 E. Huntington Drive. Mr. Woolard read the title of the resolution. fv1OTION II was moved by Commissioner Amalo, seconded by Commissioner Szany 10 adopt Resolution 1421 and to formally affirm the decisions of September 12. 1989. reflecting the findings of the C.ommisslon and the votes Ihereon. ROLL CALL: AYES: lIaS: ABSENT: Commissioners Amato. Hedlund. Szany. Clark None Commissioner Papay There is a fIVe working day appeal period. MATTERS FROM COUNCIL Councilman Gilb summarized the developments at the last Council meeting. MAlTERSFROM COMMISSION Discussion ensued about new cul-de-sacs that are being developed in the City In regard to the distance belW.een each cul-de-sac. the effects that they have on the traffic and cul-de-sacs that dead lock one property because lI]en the properties on either side are already on cul-de-sacs. MATTERS FROM STAFF Mr. Woolard briefed the Commission on the upcoming items to the Commission. ADJOURNMENT 8:45 p.m. Secretary, Arcadia Planning Commission Arcadia City Planning Commission 9/26/89 Page 5