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HomeMy WebLinkAboutSEPTEMBER 26, 1995 ", , . . MINUTES Arcadia City Plann"ing Commission Tuesday, September 26, 1995 7:15 P.M. in the Council Chambers Planning Commission proceedings are tape recorded and on file in the office of the Community Development _Division. The Planning Commission of the City of Arcadia met in regylar session on Tuesday, September 26, 1995 at 7:15 p.m. in the Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Bob Daggett presiding, ROLL CALL PRESENT: ABSE:NT: MOTION Commissioners Bell, Huang, Kalemkiarian, Murphy, Sleeter, Daggett Commissioner Kovacic It was moved by Commissioner Sleeter, seconded by Commissioner Huang to excuse .Commissioner Kovacic for tonight's meeting. The motion passed by voice vote with no one dissenting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Butler distributed a map foritem No.4 on the "agenda. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS (FIVE MINUTES TIME LIMIT PER PERSON) . None OTHERS An-ENDING: Council Member Chang (arrived at 8:25 p.m.) City Attomey Michael Miller Community Development Administrator, Donna Butler Associate Planner, James Kasama Assistant Planner, John Halminski Secretary, SilvaVergel MOTION It was moved by Commissioner Bell, seconded by Commissioner Sleeter to read all resolutions by title only and waive reading.in full. The motion passed by voice vote with no one dissenting. 1. MINUTES OF 9/12/95 MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Huang to approve the Minutes of September 12, 1995 as published. The motion passed by voice vote with none dissenting. . . " ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Huang, Kalemkiarian, Murphy, Sleeter, Daggett None Commissioner Kovacic PUBLIC HEARINGS 2. PUBLIC HEARING CUP 95-007 119 W. Live Oak Eddy Widjaja Consideration of a conditional use permit for an automotive repair shop. The staff .report was presented. In response to Commission's questions, staff indicated thaHhe conditions listed in the staff report were derived from staff's previous experience with other similar conditional use permits. Ms. Butler remarked that both the Planning Section and the Fire Department conduct periodic inspections to ensure that all conditions are complied with. Mr. Miller said there are rarely any problems with conditional use permits because the applicants know the consequences and are aware that failure to be in compliance can result in the revocation of their license. When there are problems, staff acts immediately to obtain compliance. Commissioner Sleeter inquired about how the chemicals would bedis;posedof and what mitigating factors.were in place? Staff explained that the Fire Department contracts with the Los Angeles County for inspections prior to issuing business licenses or final occupancy for this type of a use. They do their own inspections and have specific guidelines for automotive garages such as containment of motor solvents and used motor oil. The Building Section tias.required that a drain be placed attheentrance of the garage; where the roll up doorsare;.and that a separator be instailed so in case of an aCC:iderltthe spill would be separated before going.to the street or sewer. It was noted that the building is 7,806 sq. ft., 1,925 sq. ft. will be utilized by the proposed use and the remainder is occupied by the pasta manufacturing.plant. The public hearing was opened. Eddy Widjaja, 10.4 N. EI Molino, Alham~ra, said he was in agreement with all of the conditions. in the staff report. He said they would service a maximum offour cars a day doing engine work such as repa.iring engines and brakes. In response to Commissioner Kalemkiarian's question, he said the oil would be stored in barrels. He has not applied for toxic waste permil yet, but will obtain one. There will be no tire work and autos will be on ground lifts. Commissioner Murphy asked if Mr. Widjaja would object to having all cars parked inside the building and Mr. Widjaja indicated that he would agree to that condition. No one else. spoke in favor of or in opposition to this item. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Huang to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Kalemkiarianasked staff regarding item 9A on the Environmental Checklist. He felt having an auto repair shop with a one-hour wall immediately adjacent to a food manufacturing facility that probably has.ovens, gas burners and open flames could be dangerous. He thought the two uses are clearly different occupancies from each other. Arcadia City Planning Commission 9/26/95 Page 2 . . Ms. Butler replied that Roy Streeter, Inspection Services Manager, has reviewed this request and the conditions were. set according to his findings. The l-hour occupancy separation from the unit to the north is all that is required by Code. Staff replied that they were unable to inspect the pasta manufacturing facility and could not comment on the equipment. Commissioner Sleeter asked at what point in 9A does the presence of oil and chemicals rise to the level of some environmental impact? Mr. Miller said that it is'assumed they will be used properly and consistently with legal requirements and therefore is no impact. If he does not use them properly, he will face sever.eimpact, not only enforcement of these laws but possible revocation of the CUP. Commissioner Murphy wondered if the Commission should consider an additional condition that the applicant comply with the storage.and disbursement of all chemicals? Mr. Miller remarked 'that goes withput saying" and indicated that the applicant would have to comply with that even if it is not a listed c:pndition in the staff report. The general conditions that apply to each industry does not have to be listed. It is the Commissions prerogative and if they so choose they can have a condition that all applicable laws must be complied with. Ms. Butler said'that,the Sanitation District sends a monthly report indicating which businesses are not in compliance with their regulations. Their findings are reported to the City when there is noncompliance. Commissioner Murphy stated thatthe disposal of the chemicals is very important. He asked if the applicant could.be required to have the cars parked inside at all times to avoid having the "garage' look with cars on lifts withouttires; Ms. Butler responded that would be a difficult condition to police, enforce and would bean undue hardship. There is more than adequate parking on the site. Code requires that all work must be done inside the building. The Commission can add a condition that "all work including vehicle inspections shall be done inside the building." CommissionerKalemkiarian felt that he should speak with Mr. Streeter regarding the 1-hour wall requirement. Ms. Butler indicated that prior to receiving a final approval from the Building Section, they must comply with all their requirements; they do not have the option of avoiding them. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Huang to approve.CUP 95-007 subject to the conditions in the staff report with the additional condition that all automotive work and vehicle inspections must be done .inside the building. ROLL CALL: AYES: NOES: ABSENT: Commissioner Bell, Huang, Murphy, Sleeter, Daggett Commissioner Kalemkiarian Commissioner Kovacic It was noted that because there will not be an October 10th meeting, resolutions of approval and denial have been prepared for adoption so that there will not be an inordinate delay in the processing of this application. Since this request was approved, the Commission will be adopting the resolution for approval with. the added condition. RESOLUTION No. 1527 A resolution of the Planning Commission of the City of Arcadia, California, granting CUP 95-007 for an automotive repair shop at 119 W. Uve Oak Ave. Ms. Butler read the title for the resolution. Arcadia City Planning Commission 9/26/95 Page 3 . . c\ MOTION It was moved by Commissioner Murphy, seconded by Commissioner Huang to adopt Resolution 1527 and to formally affirm the decision of September 26, 1995 and the vote thereon. ROLL CALL: AYES: NOES: ABSENT: Commissioner Bell, Huang, Kalemkiarian, Murphy, Sleeter, Daggett None Commissioner Kovacic There is a five working day appeal period after the adoption of the resolution. Appeals are to be filed with Wednesday, October 4. 3. PUBLic HEARING CUP 95-007 524 S. First Dennis G. Schrader Consideration of a conditionaL use permit with parking modifications for a tutorial center for a maximum of 60 students. The staff report was presented. In response to Commission's questions,..staff said that .all improyements are made within the confines of the existing lot. The parking lot does not comply because the spaces are 18' deep in lieu of 20'. A 20'.back out space is provided in lieu of the 25' required and the spaces are not wide enough. There are no provisions in the code addressing tandem parking spaces, yet there are 4 on the lot. Staff did not think that thetail()r and the beauty salons are intense uses. The insurance office is located to the north and is.ona separate parcel, therefore, their parking is exclusive tp them.. One of the spaces at the rear entrance will be eliminated to provide a 17 foot wide van accessible parking space. The only improvements to the lot will be the. installation of wheel stops and the applicant will provide a trash enclosure with metal gates where the trash bin is currently located. The public hearing was opened. Dennis Schrader, 141 E. Duarte Rd.,said he was in agreement with all of the cOTlditions in the staff report. He explained. that their program is for academically gifted or highly motivated students. Most of their attendees will go to Stanford or better schools. In order to enter their school, the student must have a 3.0 GPA. The students that.attend their center are preparing themselves for the SAT tests. He said. they would provide an area for the parking of bikes. They also will have a computer lab. In response to Commission's questions, Mr. .Schrader said the students that would attend this center do not have the time to loiter, because when they are not there, they areatviolin classes or practicing piano or participating in other school activities. The. kids will no! be allowed to loiterouiside. He did not expect any problems with them, but if the students do not cooperate with .lheir rule~, they can be expelled. They have ample parking since most of their students do not'drive because they.are under 16 years of age. The kids attending their center will be between 7th through 11lhgrades and rarely will they have any seniors attending because they have already taken their SAT tests. Their sessions will be 8 weeks long and each class will have 10-12 students. They use the same. books that the high school utilizes. No one else spoke in favor of or in opposition to.this item. MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Kalemkiarian to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Murphy was concerned with the interior layout and feared that during an emergency it would be difficult to evacuate 70+ people, using the rear exit which is only 4.5' wide or the front entrance which is 6.5' wide. Arcadia City Planning Commission 9/26/95 Page 4 . . \ Staff replied that the applicant will have to submit plans. to the Building and Fire Departments and they must comply with all of their requirements, prior to being granted occupancy. Regardless of if a CUP is needed, they do not have any choice but to comply with all of the requirements by both the Building and Fire Departments. Fire Department will dictate the maximum number of people and the distance between each entrance. The Builaing Section is responsible to see that all applicable laws are complied with. Ms. Butler assured the Commission that they will not be able to occupy the building, until they have satisfied all requirements and permits. The conditions listed in the staff report are over and beyond any conditions that are mandatory requirements. They will not receive their Certificate of Occupancy unless they are in full compliance. Commissioner Murphy felt the Commission should approve this only with an additional condition that. all 10ca.1 safety laws must be complied with to show that the Commission expressed its concern in a public forum. Commissioner Huang disagreed and explained that the jurisdiction of this body is land use and planning issues. Concerns expressed by Commissioner Murphy are beyond their jurisdiction and will be addressed by other reviewing entities. . Commissioner Murphy disagreed and sa.id that anything conceming the use of the building is within their jurisdiction. Commissioner Kalemkiarian felt the Commission should review this in 90-120 days to assess the parking situation. Staff replied that if a problem arises, the Commission will be informed. MOTION It wa!l moved by Commissioner Kalemkiarian, seconded lly Commissioner Sleeterto approve CUP 95-007 subject to the conditions in the staff report. Commissioner Murphy asked if the motion included having the additional condition regarding public safety issues? Commissioners Kalemkiarian and Sleeter dia not object to amending the motion. MOTION It was moved by Commissioner'Kalemkiarian, seconded by Commissioner Sleeter to approve CUP 95-007 subject to the conditionsin.the staff report with the additional condition that.local safety laws be complied with. Chairman Daggett intended to.vote.against the motion and explained that he did not like the extra condition. He agreed with Commissioner Huang and said this is a land use body and not Building, Safety and Fire. He noted that it Isa.foregoneconclusion, that anything passed by this body.must comply with the municipal code, irrespective 01 their decision. He felt It would be a frivolous redundancy, although it is well intended. ROLL CALL: AYES: NOES: ABSENT: Commissioner Bell, Huang, Killemkiarian, Murphy, Sleeter Commissioner Daggett Commissioner Kovacic It was noted that because there will not be an October 10th meeting, resolutions of approval and denial have been prepared for adoption so that there will not be an inordinate delay in the processing of this application. Since this request was approved, the. Commission will be adopting the resolution for approval and the added conditIon WIll be added. .. RESOLUTION NO. 1528 A resolution of the Planning Commission of the City of Arcadia, Califomia, granting CUP 95-008 for a tutorial centerfor a maximum of 60 students. Ms. Butler read the title for the resolution. Arcadia City Planning Commission 9/26/95 Page 5 . . \ MOTION It was maved by Cammissianer Sleeter,secanded by Cammissianer Bell ta adapt Resalutian 1528 and ta farmally affirm the decisian .of September 26, 1995 and the vates therean. ROLL CALL: AYES: NOES: ABSENT: Cammissianer Bell, Huang, Kalemkiarian, Murphy, Sleeter Cammissianer Daggett Cammissianer.Kavacic There is a five working day appeal periad after the adaptian .of the resalutian. Appeals are ta be filed with Wednesday, Octaber 4. 4. PUBLIC HEARING Cansideratlan.af a baundary adjustment .of approximately 3 acres (including twa lats)alang the nartheast.City baundary line between the Manravia and Arcadia and prezaning the praperty ta R-M, residential/mauntalnaus. The staff repart was presented. Ms. Butler indicated that Mr. Pakrajac graded lat 2 in 1990. Messrs. Pakrajac and Bluth reached an agreemerit ta allaw access ta this parcel through lat.20located In Arcadia. Mr. Bluth awnslhe majarity .of the land therewith the exceptianaf the lat which. is adjacent ta the nartherly mast partian .of this tract. Cammissianer Huang asked if LAFCOapprovalls the last step far the annexatianand wauldthe Cammissian have anatherappartunlty ta review this? . .. Ms. BuUer stated that Mr. Bluth will have ta file far a parcel map far the realignment .of the lats which requires Cammissian appravaL Because there are na physical change ta the site, a negative declaratian was filed. The public hearing was .opened. Na .one spake infavar afar in appasitian tathls item. MOTION It was maved by Cammissianer Kalemkiarian,secanded by Cammissianer Sleeterta'recammendapproval .of the rearganizatian to the City Cauncil. ROLL CALL: AYES: NOES: ABSENT: CammisslanerBell, Huang, Kalemkiatian, Murphy, Sleeter, Daggett Nane Cammissianer Kavacic NON-PUBLIC HEARING ITEMS 5. RESOLUTION NO. 1525 A resalution .of the Planning Cammissian .of the City .of Arcadia, California, granting an amendment ta Resalutian 1271 ta request 38 parking spaces in lieu .of 40 far the existing retirement facility at 601 Sunset Blvd. Arcadia City Planning Cammissian 9/26/95 Page 6 . . 1 RESOLUTION NO. 1526 A resolution of the Planning Commission of the City of Arcadia, granting CUP 95-006 for a.restaurant at 855 S. Baldwin Ave. Ms. Butler read the titles of the resolutions. MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Kalemkiarian to adopt Resolutions 1525 and 1526 and to formally affirm the decisions of September 12,1995 and the votes thereon. ROLL CALL: AYES: NOES: ABSENT: Commissioner Bell, Huang, Kalemkiarian,.Murphy, Sleeter, Daggett None Commissioner Kovacic MATTERS FROM CITY COUNCIL CITY COUNCIL REPORTS / ANNOUNCEMENTS / STATEMENTS None MATTERS FROM THE PLANNING COMMISSION REPORTS IANNOUNCEMENTS rST A TEMENTS Chairman Daggett discussed a project that the City's Public Works Department has been working on. He.could not believe that they have been working on a strip of land in the upper "yo (by Peppers Restaurant) to provide landscaping for approximately two weeks. He thought that without adoubl.lhis has got to be one of the more costliest cosmetic changes to one intersection. MODIFICATION .COMMITTEE MEETING ACTlO.NS Ms. Butler recapped the Modification Committee's actions. MATTERS FROM STAFF 1 . CITY COUNCIL ACTIONS Ms. Butlergave.a brief summary ofthe actions taken at the City CouncWs meeting and the items that were before them for consideration. 2. UPCOMING AGENDA ITEMS Ms. Butler announced the applications that have been filed and Will be before the Commission as public hearings. ADJOURNMENT 8:30 p.m. ~~. Secretary, A a a n1ng Commission Arcadia City Planning Commission 9/26/95 Page 7