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HomeMy WebLinkAboutFEBRUARY 22, 1994 r~ . e Planning Commission l'Toceedings are tape recorded and on file in the office of the Planning Division. MINUTES ARCADIA CITY PLANNING COMMISSION REGULAR MEETING Tuesday, February 22,1994 The Planning Commission of the City of Arcadia met inregclar session on Tuesday, February 22, 1994 at 7:30 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: ABSENT, Commissioners, Daggett, Hedlund, Huang.Kovacic, Clark None . MINUTES Mr. Miller said that his name was omitted from the minutes and it should be 'added, since he was present Commissioner Kovacic asked.if the motion on page 30f the minutes for CUP 94-001 should say .....to continue.....? Ms. Butler noticed that it should not and a motion should be added for closing of the public hearing. MOTION It was moved by Commissioner Daggett, seconded by Commissioner Kovacic to approve the minutes of February 8,1994 as correCted. The motion passed by voice vote with none dissenting. OTHERS ATIENDING: Councilman Lojeski City Attorney Mike Miller AsSistant Community Development Director-Planning Donna Butler Senior Planner Corkran Nicholson Assistant Planner William.5takes ~ Secretary Silva Vergel Arcadia City Planning Commission 2/22/94 Page 1 ~, . . f J . CONTINUED PUBUC HEARING MC 94-<>01 182 W. Camino Real Gaetano D'Aquino Request height modifications for existing' decorative front entry and walkway gates, garage lights and a proposed fountain sculpture. The existing gates and lights were installed without Planning Division approval. The staff report was presented. In'answer io a question by Commissioner Kovacic, staff remarked the last sentence in the "Approval" seCtion should be deleted. Ms. Butler commented that the Commission should find that the request would secure an appropriate improvement, prevent an unreasonable hardship, or promote uniformity of development. She went on to say, the request is not an unusual one and similar requests have been granted. The Commission should consider the overall height of sculpture. The request of 6' height is measured from the ground level to. the top'of the sculpture. Anything in.the front yard should not be over 4'high. Commissioner Kovacic asked if this project has gone t!m>ugh architectural design review? Ms. Butler responded that this area does not have.architectural design review. The public hearing was opened. Gaetano D'Aquina, 182 W. Camino Real, was present. He submitted a'drawing of the fountain and the sculpture and explained that the overall height will not exceed 6'.{)". Renato Deluca, 1850 Busihess Center, Duarte, accompanied Mr. D'Aquino and.said the sculpture will be a "ballet" figure and is work of an artist and is not purChased from an existing product. Connie Koch, 176 W: Camino Real, spoke against the request. She said her parents live next door and when the lights atop these walls are lit, their whole front yard is illuminated. She thought it looks like Disneyland and did.l\o!feelthe lights should be approved.. She went onto say that her mother is handicapped and it is very difficult for her to back out of the driveway with the location of the big mail box which blOcks the view. Cars fly around this comer, from EI Monte Ave.. and she has.had a couple.of near misses whiCh could have' resulted in an accident. Ms. I<och.wuinfonned that the, mail ,box was not the issue before the, Planning Commission, only the lights at the garage entry, height of fences at specified locations and the height of sculpture. Commissioner Kovacic asked if the lights in question nearthe garage are illuminating her parents' yard? lie noted the Commission is considering the heights of the gates arid not their existence arid asked why she did not like the gates? Ms. Koch said the gates are not aesthetically pleasant. They are out of scale and out of proportion. Paur"Schreiner, 1610 EI Monte, questioned the height of the sculpture and did not think the height would be 6' and thought it would be taller than that. He felt the sculpture. would be a traffic hazard because people will slow down to See it because it will stand out instead of the stop sign. . Agostino Calabreg, 63 W. Camino Real could not see why the neighbors were in an uproar about-the lights, especially because it will keep out unwanted intruders: He said he would be proud to live in that beautiful home, if he could afford it. He did not think that the sculpture would be a traffic hazard and said the stop sign is very visible. Arcadia City Planning Commission 2/'12/94 Page 2 " . . (., After looking at the drawing submitted by Mr. D' Aquino, Ms. Koch remarked the sculpture would be almost 9' iriheight. Staff explained the drawing is measures n" high. The applicant did not wish to.make a rebuttal. MOTION .It was moved by Conunissioner Hedlund, seconded by Commissioner Kovacic to close the public hearing. The motion passed by voice vote with none dissenting; Commissioner Huang wondered if the landscape area. would be wide enough to plant trees to soften the effect of the lights and if there are any regulations governing lighi intensity? Ms. Butler responded by saying that that lights are required to be shielded from the street and neighbors but there are no tegwations'for"lighrintensity. She went on to say that Code does not allow anythingin the front yard to be over 4' high. Commissioner Kovacic wondered if approving thiswouldset'a precedent? Ms. Butler remarked there are fountains located in the front yard throughout the City. Staff stated that fountains with over IS" depth are not permitted iri the front yard without the required fencing because they are considered to be pools. Ms. Butler explained that when plans were submitted, the gates approved complied with Code. Commissioner Hedlund remarked that he is opposed to just about anything in the front yard, although, on some.cases he has made.anexception to pillars, lights. He felt modification for heights of lights could 'be justified but could not approve the gate lieight. Commissioner Kovacic agreed and remarked he had:notheard any evidence tonight to justify approving the requests. He felt it issignilicant that the original plans showed compliance and said he has not heard unreasonable hardship. . Commissioner Huang disagreed al'ld said that the gates.and lights provide focal point and show good design. He feltCode,should allow flexibility to provide, gOod design. Chairman Oark agreed with Commissioners Hedlund and'Kovacic and felt the requests are exCessive. . Commissioner Daggett could not see any reasons' for the requests. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to deny MC 94-001 and find that the request would be too excessive and notsecure an appropriate improvement, nor prevent an unreasonable hardship, nor promote uniformity of development. ROLL CALL: AYES: NOES: Comrirlssioners Daggett, Hedlund, Kovacic, Clark Commissioner Huang Chainnan C1llrk noted there is a five working day appeal period. Arcadia City Planning Commission 2/22/94 Page 3 " . . i,; PUBUC HEARING CUP 94-002 21 E. Huntington Dr. Gayle Theilacker Request fora Conditional Use Permit for a tea room restaurant with sealing for 49 persons. The staff report was presented. Staff indicated that the City parking lot is under utilized and the proposed tea room would not significanlly impact the parking district. This has been the first CUP submitted, in this area, ,since the downtoWn plan was presented. The public hearing was opened. Gayle TheUacker. 5702 Camilia, Temple City, the applicant said she was in agreement With all of the conditions in the staff report. She questioned the requirement by Fire Dept. and asked.far lenienCy and said it would not be reasonable for her to sprinkle the whole building, while she will only be occupying a.small portion of it. Ms. Buller said the wording in the staff report is general,and she should contact the Fire Department and discuss their requirements with them.. They may be able to suggest analtemative. She thought there might. be a'reasonable solution. In response to questions by the Commission, Ms. Theilacker state(hhe shop hours would be from 10:00 a.m.-5:30 p.m. and tea will be served from 11:00 a:m.-4:00 p.m., Monday through Saturday. She indicated that when they were located in Monrovia, during their street festival, they were open late to accommodate the. festival. She remarked she did not want to be open later because..the adjacent businesses close around the same time and she would notJeel safe, being open later. Jolene Frazer, 15990 San Jose, La Puente, said that as one of the property owners they would be more than happy to have Ms. Theilacker's,business there and they feel this business would be an asset to the City. They will help her in any possible way so the business can relocate there. In response to questions by the Glmmission, staffsaidtechnically they can be open 24 hours because they are not adjacent to residential properties. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Daggett to close the public hearing. The motion passed by voice vote with none dissenting. Co~sioner Hedlund thought this would be an aesthetically pleasing use and would encOurage similar. types of business to the area. Commissioner Daggett agreed and thought the proposed name is very clever. Chairman Clark was pleased to have' this business. Commissioner Huang was pleased with the proposed use. He asked if the downtown plan took into consideration what would happen if the parking district changed due to the new plan? Mr, Miller said the parking district would not be changed and any change there would be very speculative. Arcadia City Planning Coriunissioil 2/'22/94 Page 4 . , . . I ~~I MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Huang to approve CUP 94-002 subject to the conditions in the staff report. ROLL CALL: AYES: NOES: Commissioners Daggett, Hedlund, Huang, Kovacic, Clark None Chairman Oark noted there is a five working day appeal period after the adoption of the resOlution. PUBUC HEARING CUP 94-003 9956 Las Tunas or. David Grotto Request for a conditional use permit to expand the existing "Shape Up America" health club. The staff report was presented. Commissioner Kovacic was concerned that condition 6 in the staffreport would, allow the establishment to be utilized as a child care center and wondered if there would be a fee for the child care? He asked who would do the architectural design review for the center? Staff,said that the child care, center is for the members. He said nothing in the Code precludes the owner from charging a fee for child care. Ms. Butler explained the architectural design review (ADRl gives the ability to review new projects but on an existing building, the only time ADR is done would be if there were exterior alterations, Commissioner Kovacic felt the Center is in need of some architectural treatments'and asked who is the reviewing board? Ms~ Butler explained that aneYi project not requiring any nw.difications and complying with Co.de would be reviewed by staff, but ifa modification is sou~ht then the Planning Commission would be the reviewing board. In response to questions by Commissioner. Huang, staff said the parking:survey indicates that at different times of the day, including peak hours, there is ample parking. This use requires 1 parking space for every 35 Sq. ft. of exercise area. ... The public hearing was opened. Dave Grotto, 9956 Las Tunas, said he isin agreementwith all of the conditions in the staff report. However, he indicated that he would like to keep the existing colors because the building is diffiCult to see. No one else spoke in favor or in opposition to this item. MOTION It was moved by Commissioner Daggett,seconded by ComInissioner Huang to close the public hearing. The motion passed by voice vote with none dissenting. Staff said occupancy would be subject to ihe Fire Department's review. All signs will need ADRapproval. In considering the signs, staff will take into consideration, the surrounding properties, If modification is sought, Arcadia City Planning Commission 2/'12/94 PageS " . . , v then the Modification Committee will review the signs. On occasions trucks have parked in the parking lot over night, and the City's Code Enforcement Officer has responded to complaints regarding overnight parking. ManON It was OlOved by Commissioner Kovacic, seconded by Commissioner Huang to approve CUP 94-003 subject to the conditions in the staff report. ROLL CALL: AYES: NOES: Commissioners Daggett, Hedlund, Huang, Kovacic, Oark None Chairman Oarknotedthere isa five working dayappeaI period after the adoption of the resolution. AUDIENCE. P ARTlCIP A TlON None HEARING CUP78..()()7 16'E. Huntington Dr. Loveboat Consideration ofrevocation of conditional use permit to operate a restaurant due to noncompliance With the hours of operation. The staff report was presented. Capt. Hinig of the Arcadia Police Dept. said there have been problems in the past but since February 2nd, they have been in compliance. They will continue to make periodic. checks. . Teresa eha, 16 E. Huntington Drive, said they would comply with the hours set. She read the following statement: a. ThaUhepermillees agree that the revocation hearing is for good cause; b. That the pennitteesagree to continuing the public hearing to ensure continued compliance with the conditions set forihin Resolution 1048; and subject to resCheduling at ariytime, upon written notice fore violation of any conditions ofthis conditional use permit. . c. Thatthe City is not waiving any rights to Slispend or revoke the conditional use. permit. S.H.Wen, 2176' Highland Vista.Dr., spoke on'behalfof the property owner William Wong, who was unable to speak due to illness, and said they will make sure that the restaurant complies with the hOurs of operation. For the benefit of the. applicant, Ms. Butler said that)f there are patrons in the restaurant at closing time, the Planning Division .willnot.expect them to clear the restaurant, Itowever, accepting new patrons at that time will not beacct!ptable. It is permissible to have cleaning crew after the 10:00 p.m. The applicant understood the conditions. Arcadia City Planning Commission 2/22/94 Page 6 ') . . , t' MOTION It was moved by Commissioner Kovacic, seconded by Commissioner Daggett to continue the public hearing subject to the written stipulation submitted by the applicant and condition thatthe.applicant comply with all.oHhe conditions. ROLL CALL: AYES: NOES: Commissioners Daggett, Hedlund, Huang, Kovacic, Clark None PLANNING COMMISSION DETERMINATION The staff report .was presented. The the proposed sale of flood Control property adjacent to 2539 Doolittle A \Ie. is consistent with the General Plan. MOTION It was moved by Commissioner Hedlund, seconded by Commissioner Daggett, that the proposed sale conforms with the Arcadia General Plan. ROLL CALL: AYES: NOES: Commissioners Daggett, Hedlun<!, Huang, Kovacic, Clark None RESOLUTION 1508 Aresolution of the City of Arcadia granting CUP 94-001 for a take-out restaurant with sealing for eight at 921 S. Baldwin Ave. Ms. Butler read the title, of the resolution. MOTION It was moved by Commissioner Daggett, secOnded by CommissionerHuang to adopt Resolution 1508, and the fonnaiIy affirm the decision of February 8, 1994 and the vote thereon. ROLL CALL: AYES: NOES: Commissioners Daggett, Hedlund, Huang, Kovacic, Clark None Chairman Clark noted there is a five working'day appeal period. Arcadia City Planning Commission 2/22/94 Page 7 ~ . . ;1 , MATTERS FROM COUNOL Councilman Lojeski said the Planning Commi~on's action on Albertson's has been appealed to City Council and the public'hearing will be held on March 1st. MATIERS FROM COMMISSION None MATIERSFROM STAFF None ADJOURNMENT mmission .. Arcadia City Planning Commission 2/22/94 Page 8