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HomeMy WebLinkAboutMAY 24, 1994 1/ , . MINUTES . ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Tuesday, May 24,1994 Planning Commission proceedings are tape recorded and on file in the office of the Planning Division. The Planning Commission of the City of Arcadia met in regular session on Tuesday, May 24, 1994 at 7:15 p.m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Tom Clark presiding. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Commissioners Da~tt, Hedlund, Huang, Kovacic, Oark ABSENT: None MAnERS FROM STAFF A. Supplemental information regarding agenda items Jim Kasama distributed information which was obtained for the Commission, in response to questions asked at the previous Commission meeting regarding public hearing at 16 E, Duarte. B. Modification Committee Meeting Actions Commissioner Huang recapped the Modification Committee meeting actions. C. City Council Actions Ms. Butler gave a brief summary of the actions taken at the City Council's last meeting and the items that were before them for consideration. 0, Upcoming Agenda Items Ms, BuUer announced the items that will be forthcoming to the Commission and to the Gty Council. MINUTES Minutes of the 5/10/94 meeting MOTION It was moved by Commissioner Kovacic, seconded by Commissioner Daggett to approve the minutes as published. The motion passed by voice vote with none dissenting. OTHERS A TrENDING: Council Member Barbara Kuhn City Attorney Michael Miller Ass't Comm. Dev. Dir, Planning, Donna BuUer Senior Planner Corkran Nicholson Assistant Planner James Kasama Secretary Silva Vergel f! I . C~uncilMember Kuhn and MichaAiller, City Attorney arrived at 7:45 p.m.. PUBUC HEARINGS 1. CONTINUED PUBLIC HEARING CUP 94-005 Consideration of a conditional use permit with parking modifications to allow a family amusement game maChine arcade with 20 game maChines in a 900 sq. ft retail space. The operating hours are 3:00 p.m. 10'10:00 p.m. Monday through Friday and 12:00 noon to 10:00 p.m. on Saturdllys, Sundays, Holidays and during academic breaks at 16 E. Duarte Rd. (MiChael Girgis,applicant). The staff report was presented. Commissioner Kovacic thanked staff for answering his questions. The public hearing was opened. Michael Girgis, 8930 E. Greenwood, San Gabriel, thanked the Commission for the opportunity to present his proposal, He said the kids congregated in the alley because of the games in the liquor store. He felt his method will curtail that sort Olan activity by providing a uniformed security guard who will monitor the facility. [n response to a question, he indicated there would be one person on site, security guard/manager. He will be based on the inside but will check both the front and back to see that there is nO loitering. Commissioner Hedlund asked how he would monitor the parking lot and Mr. Girgis respilndedby saying that if the security guard notices loitering or disturbance, persons will be asked to leave, especially if they are under age. The police would be called if they do not comply. He anticipated U1at most of kids would be non-<lriving youth between junior high and high school- under the age 16, therefore, he did not think there would be any impacts on traffic. He thought there would be two entrances and was unsure of the requireme.nts, but suggested eliminating the back entr,,!,ce which would, in affect, eliminate the congregating in the back. Bike racks would be located in the back and'if the back entrance was eliminated, they would have to come around to get in. He said there would be video cameras inside and outside to monitor the activity. In response to questions by Commissioner Huang, Mr. Girgis said the reason he chose this location was the proximity to schools and amount of anticipated patronage from the school and that kids would not have to drive to gello the site. In respooSelo questions by CommiSsioner. Kovacic, he said the uniformed guard will be the only person manning the store. He would be the manager as well as the security guard. The gameS would be mainly recreationaJ but there. will be some educational. This will be a place for the kids to go 10 after school instead of being out in the street and they can wait thereuntil their parents pick them up. He said that it is possible that. they would stay there.until they close. Commissioner Kovacic asked if it would be possible for a chiid to remain there from opening to closing, as long as he had enough money to play. Mr. Girgis said yes. He indicated that they would be open after school hours.and he might even reduce the evening hours, depending on business. He'stated that he has worked at.another game arcade facility near Pasadena City College. In response to quest!ons by Con:unissioner Daggett, Mr. Girgis explained the letter that beginning with "Dear Neighbor..." was not disbib\1ted to the neighbors. He wrote that. letter when he discovered that he would be unable to attend the Commission's meeting. He did write a letter introducing himself.and the business and the hours Of operations for all the neighborsin'a 300' radius; He thought the petitions were circulated after receiving notice ofthe proposed use. He went on to say, that he obtained a copy of the Planning Commission's tape from thetast meeting, and a lot of the complaints were from problems arising from the liquor store. The games in the liquor store were located in the back Arcadia City Planning Commission 5/24/94 Page 2 01 the store and the manager/att_nt did not have good visibility. It was .piniOn, that they did not supervise the rear of the store efficIently. He contacted the Police Department and discovered that their research found there was no direct correlation between arcades and criminal activities. He said the problems cited with the liquor store were not directly due to the games but from violation of alcohol and beverage control. He indicated that there will be nothing sold on.the premises. The only machines would be change machines, games and a pay phone. Gail Mai'shall,2320 Lee Ave., said. she is one of the owners of Action Video at the comer of Duarte and Second. She asked how many letters in opposition were written with regard to this item. Commissioner Daggett said that he counted 81 signatures in opposition and clarified that this number included letters as well as the signatures on the petitions. Ms. Marshall said they were surprised with the number of people that go to their arcad~ that drive. SIlesaid that in the summer, approximately 50% oftheir patrons drive. During the school year, the majority of their patrons drive. She said they have two persons at all times 8tthe store. One is a uniformed, security guard and the other is a. family member who manages the arcade. She could not understand how Mr. Girgis propOses to have one person monitoring' the facility and the games. One person could not do it all effectively. One person could not sell coins, watch the arcade inside and out and do it all. She 'remarked that they visited the Pasadena location and they thoughl'it was a nightmare. She said that if this arcade is managed like,the one mentioned, it is trouble. ,She indicated that they were informed by the barber that the s!,bject site had been leased to a Iighl' bulb store and questioned how two different businesses could OCcupy one space? . Staffexj:>lained that the Planning Division did review a business license application for a light ,bulb business and the property manager was'Contacted. The property manager informed that there were no contingencies in Mr. Girgis's arrangements with the owner, and per the discussion with them they leased the location to the lighlbulb business last weekend. The Planning Division does not have jurisdiction with the lease agreements but if the light bulb business does not open, and if the CUP is approved, then this arcade ,can occupy the site. In a~swer to questions by Commissioner Kovacic; Ms. Marshall explained that one miljor objection is the proximity of this location with the liquor store. She felt that mixing adult liquor and children is dangerous and did not think that would be appropriate. They.are located in a shopping center with no residential properties, whereas, this site backs up to residential properties. Their business does not take away from other establishments but if this is approved,lheoptical store,as mentioned at the previou~ meeting. would probably suffer a loss of clientele. She could not understand how the City could approve <me business and take away f~om one which is already established. In rebuttal, Mr. Girgis indicated that Action Arcade is further away from the school than the subject site, which is probabfy the reason they get more kids that drive than walk or ride their bike. His assumed that Action Arcade sells tokens and that is why they need someone to sell coins but he will have a change machine to disburse the change. He thought having video cameras and a uniformed security guard will b.e enough to monitor the arcade. MOTION It was moved by Commissioner Kovacic, seconded by Commissioner Daggett to close the public hearing, The motion passe<fby voice vote with none dissenting. Commissioner Kovacic asked. the City Attorney if the Commission'S vote should be solely on planning issues and not because another competitor would not want it and Mr. Miller Confirmed. Commissioner Kovacic thought there were significant deficiencies with the site, such as the proximity to the residential properties and the location of parking in the rear. Commissioner Hedlund did not think ~is would be the right location. He said there are several negative factors like the cOllfiguration of the alley and the location of the bike racks. Arcadia City Planning Commission 5/24/94 Page 3 . . Commissioner Huang "greed. He thought the visibility of the parking lot is very poor, especially for policing the site, He also did not think this would be the right location. Conultissioner Daggettwas concerned with all of the conditions as a result of the site. The majority of the conditions of approval deal with the site which would require commitment from the property owner to do reconfiguration. He said that it is evident that the neighbors do not'want this use. 8lairman Oark did not think this would be the proper location for this use. MOTION It was moved by Commissioner Kovadc, seconded by Commissioner Huang to deny CUP 94.005. ROLLCALL AYES: NOES: CommisSioners Daggett, Hedlund, Huang Kovadc, Clark None Chairman Clark noted there'is a five working day appeal period after the adoption of the resolution. 2. PuBLIC HEARING TPM 94'()()1 Consideration, of a tentative parcel map for a proposed lot split. The subject lot is.a through lot With frontage on Singingwood Drive and Orange Grove Avenue. The proposal.is to subdivide the property into two lots; the existing,lot fronting on Singingwood:Dr. and a new lot fronting on Orange Grove Ave. The staff report was presented. Staff said that both proposed lots exceed Code. Staff indicated that the parkway width is appropriate if Orange Grove is widened. The existing easement is for overhead poWer lines, the Sewer easement is non existing. The PUblic Works Dept. is,proposirig to.extend the easement tTom the property to the east of the new lot and extend that halfway into the property. The public hearing was opened. Lawrence Speight, 9101 E.Slauson, Pico Rivera, the engineer of the project was present. He said several of the conditionS in the Public Works Memo allude to the development of parcel 1. He thought that several of the conditions of approval apply at the time of securing a building permit on parcell and he thought thatlanguage should be incorporated into that condition.. For example it would not be very productive to generate a grading certificate on a project that is not yet perceived nor proposed. Neither one of the lots have any proposed developments. The applicant does not want to develop the parcels. He went through each One of the conditions set by Public Works Dept. and indicated at which stage each one of the conditions would apply. Staff said that all conditions are subject to the review. and approval of Public Works Director. No one else spoke in favor or in opposition to this item. MOTION It was moved by C(!mmissioner Hedlund, seconded by Commissioner Daggett to close the public hearing. The motion passed by voice vote with none dissenting. .MOTION Arcadia City Planning Commission 5/24/94 Page 4 . . It was moved by Commissioner Hedlund, ,seconded by Commissioner Daggett to approve TPM94{102, subject to the conditions in the staff report; ROLL CALL AYES: NOES: Commissioners Daggett, Huang, Hedlund, Kovacic, Oark None Chairman Clark said there is a ten day appeal period. Appeals should be filed by Friday, June 3ro. Commissioner Hedlund abstained from this item, because of possible conflict of interest. 3. PUBLIC HEARING TA 94-002 Consideration of a text amendment adding regulations to the 5-1 (Special Use) zone 10 permit single-or multi-day events, festivals, concerts and/or similar entertainment activities with a Special Permit. The ,staff report was presented. In response to a question by Commissioner' Kovacic, Ms. Butler said the events would be restricted to, non-racing days. He was concerned that under the definition, every non-racing day could have an event. The public hearing was opened. Craig Oado, 29 S. Allen, 'Pasadena, representing Los Angeles Turf Club; said they plan to have events primarily from May to Septeinber. He commented they would not be interestedin.having an event on a dark Monday during the racing seaSon.. He,Said they are looking,at having a,summer series of concerts. Barry MendelSon, 1844 Kelton Ave., Los Angeles, said they would have concerts in the summer. on weekends. The artists usually work during ,the summer weekend day. They are planning a festival of jazz and heritage music, that they will have over a holiday weekend incorporating different 'cultural facets of what comprises a festival other than music such as food, arts, wears; nOlonly to entertain but to educate. The activities will be family oriented. Although it is possible to have an activity every weekend, it does not seem practical, especially because it would be difficult to sChedule an artist for a whole weekend. He anticipated a crowd of 20,000 to JO,OOOfor an event and felt comfortable with accommodating that number. He said the highaUendance would be a.resull.ofsensibletIcket 'pricing. Ms. Butler'said thal.a "sunset clause", will allow the Gty 10 review the approval after a certain date set'bythe Couricilto review and determine if there' have been any problems such as traffic. At that time the Council can decide whether.to rescind the approval. Mr. Miller further explained that this is a 1001 for the Council to review incase of any pioblerris and commented that even without the sunset clause, the Gouncilcan review it at any time. Chairman Clark askedif the Commission' is only to consider this text amendment for lanouse purposes only and Mr. Mi1Ier confirmed. He also asked about the sound generated bylhe concerts? Commissionel' Daggetlremarked that they would have'to have a significant capital investment., He compared the income from several years ago to the present and askedwhat.the type of income they anticipated thiS.would generate for them. Mr. Dado replied by saying that they will have a portable stage. Their concerts will be in field concerts and there will be no niajorchanges.Their hours will be set by the Coimcil. Arcadia City Planning Commission 5/24/94 Page 5 . . Mr. Mendelson,said they are very sensitive to the sound issue. Volumes will be prE!'-set and they will position the speakers to minimize the sound. They will adhere to the established dba volumes and do not intend to have the kind of music which requires increased amplification. Commissioner Daggettasked about the possible moneys generated by these events and did they anticipate to increase their income level to that of several years ago? .Mr. Dado said it is difficult to speculate the income at this time. Mr, Miller noted that the income generated is unrelated to the land use issue. The goal of the City Council and the City Manager is'to try to assure that revenue sources are significant for the city and the citizens in part due to the loss of race track revenues. This wiU be addressed bul'we do not have any specifics at this time. Commissioner KoVacic asked about "rock" concerts? Mr. Mendelson said they are not contemplating having rock groups. Commissioner Huang asked how they would define. a rock group? How will they monitor the concerts? How will they enforce. the regulations set? Mr. Miller said the City does have some controls in mind in regards to entertainment amplification. F-iecautioned the Commission against getting too specific on types of music because that relates to some other problems that the City has to be sensitive to. He believed there is an element of good faith, and of course the Council will have the power to provide amendment to code and even have the code perhaps deleted if problems should.occur. Mr. Mendelson said they are'notcontemplatingrock groups. They are also concerned about the noise level.and this would preclude,rock group concerts. Mike Street, 130 W. Huntington, General Manager of the5anta Anita Inn, spoke:in favor of the proposaL He said that their business has been affected by the low attendance and off track betting, at the park. He was in favor of any. activity that would generate income, and increase occupancy. The City receives bed tax from them and since they do not have many customers; naturally the City suffers. No. one else spoke in favor or in opposition to this item. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Huang to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Huang remarked that this is a good alternative use of the site, especially in this economy and this will be additional.revenues for the City. Commissioner Kovacic said the residents of the City breath a sigh of relief when racing season is over because they do not have to deal with the traffic. He thought thatconceptually'thisis a very good idea but had several concerns; regarding number of events, numbers of days, the hours and sound. In response to Commissioner Kovacic's commentS, Mr. Miller said that all of the concerns and comments will be forwarded to the Council. The CommiSsion isan advisory body to the Council. Commissioner'Kovacic did not want the events to be too loud, too late ana too often. Commissioner Daggett said that his office is'across the street from one of the entrances. Several years,ago, he scheduled his cominute from his'offiee,so not to coincide with race track traffic, but in the past few years, he does Arcadia City Planning Commission 5/24/94 Page 6 . . not have that problem any more. He applauded the applicant for. attempting to corne up with alternative marketing strategies. He was in favor of the concept. Chainnan Clark said the race track has been a good neighbor and has contributed a lot to the City. He thought this would bea good use of the land. He said the noise and traffic are legitimate concerns that can be resolved. In response to a question by Gommissioner Kovacic, Mr. Miller said the noise ordinance is for nuisance and they are working on a noise ordinance. ' Commissioner Kovacic asked about the non-football activities at the Rose Bowl, and Ms. Butler said she did contact them but the CIty did not have anything that related to noise; however, she would check further. Ms. Butler said the Police, Fire and other departments in the City have met and expressed concerns with the proposed activities at the race track and have had meetings to address the concerns. They feel the activities should be monitored and studied to see what the impactS'are to the CIty. Mr. Miller clarified and said that Council and staff are looking for general concerns at this time and the specifics will be presented to the Council. Ms. Butler expanded on, Mr. Miller's comments and said staff is working on another ordinance setting forth specific regulations for special profit-and non~profit, non-horse racing, events. Said regulations have not been finalized yet and staffis waiting' for more input from other cities. Commissioner Kovacic said,thesunset clause isa good idea. He,did not think the events should be too loud, or too late. He,thought.the number'ofeventsshould be limited, so there is not an event every weekend. He preferred to address the number of days in lieu of number of events in anyone year. He had a problem with ,definition of "events" because il'is so elastic that there could be an event every single day of the year. He did not think it makes, much sense,.the way!t is presently worded. Commissioner Daggett thought that would be too restrictiVe: MOTION Itwasmoved by Commissioner Kovacic, seconded by Commissioner Daggett to recommend approval of T A 94-002 and forward to the Council, the 'Commission's concerns. 'Thereshou]d be'adequateregulation for hours, ambient sound levels, fees, number of days events may be held and that a sunset clause be imposed. ROLL CALL AYES: NOES: ABSTAIN: Commissioners Daggett, Huang, Kovacic, Clark None Commissioner.Hedlund TIME RESERVED FOR THOSE IN THE AUDIENCEWHO WISH TO ADDRESS THE PLANNING COMMISSION (NON-PUBUC HEARING) -(FIVE MINUTE TIME LIMIT PER PERSON) Dorothy Toms, Naomi Gardens, 665 W. Naomi, complained about the kids that ride their skates.in the parking lot behind their homes. She asked'if the Commission can do anything about this problem. She indicated thaUhe has contacted the Police Department on several different occasionS but they were unable to help. Mr. Miller informed her that she should write a letter to the CIty Council who would'be the appropriate body to handle this problem. . .. . w_________________________.___________________________ Arcadia City Planning Commission 5/24/94 Page 7 . CONSENT ITEMS . . None ~-_.~---------------------------~-------------------~- MAlTERs FROM CTIY COUNCIL Council Member;Kuhn remarked that at the last Council meeting, they discussecl'increasing the number of Commissioners to seven. She voted against the increase because she felt the Commission's performance is excellent and could not see the reason for the increase. The reasoning behind this change was because the Council felt that there are many qualified citizens who would like to serve on the Commission. Commissioner Hedlund conunented that increasing the number of Commissioners would result in the loss of diligence in attendance. The Commissioners might not feel as obligated to attend because there will be enough member to vote. Chairman Clark thought that the Commission would work well with either 5 or 7 members. MAtTERS FROMTHE.PLANNING COMMISSION NonE! ADJOURNMENT 9:10 p,m. ~ , / I ~/ ,,/ , ,- . . 'etary, Arcadi Arcadia City Planning Commission 5/24/94 PageS