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HomeMy WebLinkAboutJANUARY 24, 1995 i: I ;> :~ \- . . . MINUTES Arcadia City Planning Commission Tuesday, January 24, 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 metin regular session on Tuesday, January 24, 1995,at 7:15 p.m. in ihe Council Chambers of the Arcadia,City Hall, 240 West Huntington Drive, with Chairman Bob Daggett presiding. ROLL CALL PRESENT: ABSENT: Commissloners,Bell, Clark; Huang, Kalemkiarian, Kovacic, Murphy, Daggett None ' SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Butler indicated that in order to, expedite the project, because there will not be a February 14th meeting a resolution dE1nying/grantlng Public Hearing Item #2 has been included in the Commission's packet Any changes/additions made by the,Commission will be included in the final resolution. QUESTIONS FROM PLANNING COMMISSION. CLARIFICATION OF AGENDA rTEMS None 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 ATTENDING: Mayor Mary Young City Attomey Michael Miller , Community Development Administrator, Donna Butler Assistant Planner, John Halminski Secretary, Silva Vergel MOTION It was moved by Commissioner Kalemkiarian, seconded by Comm'issioner Kovacic to rea.d all resolutions by title only and waive reading the full body of the resolution. The motion passed by voice vote with none dissenting. 1. MINUTES OF 11.10/95 Commissioner Kovacic said that on Page 5 of the Minutes, the word "accessible" should be added to his comments. The, sentence should read: "... might provide more accessible spaces." MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Kovacic to approlie the Minutes of January 10, 1995 as amended. The motion passed by voice vote with none dissenting. , . . [ ,I PUBLIC HEARINGS -,......:,. 2. PUBLIC HEARING CUP 95-002 23 Las Tunas Owen Chen for CLC Art Services, Inc. Consideration of-a cond~ional use permit foran art school for a maximum of 16 students. AND RESOLUTION NO. 1521 A resolution of the Plann'ing of the City of Arcadia, California granting CUP 95.002 to operate an art school for 16 students att 23 Las Tunas Dr. The staff report was presented. Commissioner Kovacic asked if there would be any retail sales and explained that when he visited the center, he saw picture frames. Hewondered ~abikerack would be recommended. Staff said there,would be no retailsales and this would be strietly,an art school. Staff felt there would be ample room for a,bikerack. In response to comments from the Commission, Ms. Butler said staff is looking into the City's parking standards for mixed usedeveopments and will'be,forwardingits findings/recommendations to the Commission for their review and comments. The public hearing was opened. George Flournoy, 3023 Sherwood Ave., #15, Alhambra, was there representing the applicant. This will be an art school and there will be no retaiLsales. The students will be mostly school children who will be dropped off by their parents, although some might ride their bikes, and they can provide a bike,rack for them. He explained that theclasseswill be Monday through Friday from9:00 a.m. to 9:00 p.m. and Saturdays and Sundays from,9:00 a.m.-to 6:00 p.m. Each class will be for 8 students, approximately 1.5 hours and'the classes will be for a 2 monthcsession. He did not anticipate having consecutive classes butthought that would depend on the response. Hethoughtthere would be 2 classes in the,aftemoon and one evening class: He remarked it would be highly unlikely to have classes all day long. In response to Mayor Young's questions, Mr., Flournoy said the art work would be paintings and not include pottery. In response to Commissioner Kovacic's question, Mr. Flournoy said thatlhere might be ,16 children,attending the school and half might ride their bikes. He thought that most would be dropped off by their parentsand.they would instruct them ,at the time thallhey register where they should park their vehicles so they do not interrupt the traffic in the center. They would not have any live models posing for pictures. No one else spoke In favor of or in opposition ,to this item. MOTION It was moved by Commissioner Kovacic, seo:;onded by Commissioner Murphy to close the public hearing. The motion passed by voice vote with none dissenting. Commissioner Murphy feit that If there is room for a bike rack that would be a good idea. He was concemed about bikes in the sidewalk and thought this issue should be addressed prior to, approval. Staff replied there is room'in the back, for a bike rack, where the tenants park. Staff thought there is ample space in the walkway area for a bike rack. Arcadia City Planning Commission 1/24/95 Page 2 . . I., Commissioner Murphy did not think that the bike rack should be located in the rear. Ms. Butler remarked IlTallhis issue can be addressed and staff will work with the, applicant regarding the location 01 the bike rack so that it does not interfere with pedestrian traffic. She did not think that hall 01 the students would be riding their bikes, especially in the evening. Commissioner Clark said thatl)1ost kids would want to lock up their bikes and a bike rack would be necessary. He said this request is another example 01 how the City's parking code need to be updated. " ":'. Commissioner Kovacic was not concemedwith the overail parking and leltJhe center could use the business as long as the biKe issue is resolved. MOTION It was moved by Commissioner Kovacic"seconded by Commissioner M,urphy toapp(ove CUP 95-002 with the additional condition that the potential bike problem should be solved to the satislactlon 01 the Community Development Division. ROLL CALL: AYES: NOES: Commissioners Bell, Clark, Huang; Kalemkiarian, Kovacic. MurPhy, Daggett None RESOLUTION NO. 1521 A resolution of the Planning 01 the City 01 Arcadia, Califomia,grantfng CUP 95-002 ,to operate an arf'schoollor 16 students t23las Tunas Dr. Ms. Butler read the title 01 the resolution. MOTION It was, moved by Commissioner Clark, seconded by Commissioner Huang to adopt Resolution 1521 and to lormallyalllrm the decision 01 January 24, 1995 and the vote thereon. ROLL CALL: AYES: NOES: Commissioners Beil, Clark, Huang, KaJernKiarlan, Kovacic, Murphy. Daggett None Chairm'an Daggett hotedthere is a five working appeal, period alter the adoption 01 the resolution. Appeals must be filed by Jan. 31. 3 . PUBLIC HEARING GP 95-001 Consideration of a general plan amendl'l1entto the, Circulation and Parks & Recreation Elements. The staff report was presented. Chairman Daggett asked what the parameter of the Commission was? Are they voting on the definilions lor the lour types 01 streets and changing First Avenue to its luture use? Ms. Butler explained that as part olthe Downtown 2000 Streetscape'Project, a traffic, circulation and parking study has been completed by' Associated Transportation Engineers (ATE). This study recommends that First,Avenue within the project area' should be re,classilied as a 'collector street' 'and the traffic diversion alld level 01 service analyses shows that reclassifying First Avenue as a collector street in thedowntowll',area wquld notsignilicantly impactlhe Arcadill street system.' RrstAvenue is currently designated asa 'Secondary arterial' but this change would be a more appropriate as a result 01 the redesign 01 the street. It will no longer serve as a "seCondary arterial' street. Arcadia City Planning Commission 1124/95 Page 3 . . 1,1 In response to Commissioner Kovacic, Ms. Butler said this change does not change anything as far as funding sources and has no affect other than it provides consistency with the proposed design and staff feels it would be better to change the designation. With regard to the bicycle use, the change would provide for conformance. Chairman Daggett said that in 1988 the General Plan indicates that there are approximately 6,000 vehicles traveling on First Avenue, is ATE now saying that this has changed? Ms. Butler indicated that it is anticipated. that the traffic will charigeas a result of U;~. implerrientatfofl of the redevelopment plafl. With the, redut;tion in lanes and the addition of stop signs, it is'anticipated that the traffic will be reduced. Eventually, Illany people that utilize First Avenue, will switch either to Second or Santa Anita to avoid the slower traffic on First created asa,result'of the redesign. Chairman Daggett asked if it.was the intent of the Downtown 2000 Plan to discourage vehicular traffic on First? Ms. Butler said it is not to discourage traffice, but to slow down and encourage traffic that will patronize the area. It is the City's intenfto give First Ave. more ofa downtown look, similar to Myrtle Avenue in Monrovia and Glendora Ave. in Glendora. Chairman Daggett said First Ave. is.the extension of Highland Oaks and remarked that a.lot of people use it to go into and out of that area. To have them shift over to another street would not be right He asked if it would be correct to assume that approximately half of the cars now utilizing it will be diverted to Santa Anita or Second? Ms. Butler responded that the residents can still use First Ave., if they choose. She indicated that staff looked at numerous definitions from other agencies and no one was consistent There seemed to be a broad description. Staff felt that "descriptions" would be more appropriate, rather than "definitions'. She indicated that personswantlng to move quickly w.ill divert t9 Santa Anita or Second. ATE dId not feel that the increase on the other two streets would be detrimental. I('is not anticipated that this will have,a significant' affect. Commissioner Kaiemkiarian was concerned that this would increase traffic onto Wheeler and wondered why the vihole street would,be renamed as a collector street? Ms. Butler thought itwould be doubtful.that people would,divert onto Wheeler; since there is neither estop light nor a sign at Santa, Anita. Based on ATE's definition, this street is a collector street ' Commissioner Murphy asked if this was the only general plan amendment and Ms. Butler indicated that It was. The public hearing was opened. No one spoke in favor or in opposition to this item. MOTION It was moved by Commissioner Clark, seconded' by Commissioner Huang to close the" public hearing. The motion passed by voice vote with none dissenting.' Chairman Daggett said looking at the General Plan, there are currently three secondary arterial north/south streets; Michillinda which is four lanes and with the exception of the intersections it is primarily residential. BaldwinAve. is four lanes and again is mostly residential except the area around the shopping center and First Which is mostly residential. If the status of First Ave. would change by reducing the number of traffic lanes, the placement of stop signs and if all the traffic was to transferred to Second Ave., then the number of north/south secondary arterial streets have not changed, other than the reduction of the number of lanes. He felt that irrespective of traffic patters, Second Ave. is not a secondary but a collector, yet will be carrying more traffic as a result of,the reduction of lanes. He thought that it was an unnecessary hardship to pUt the residents living above First Ave. to suggest to them by virtue of the reduction' of the number of lanes to drive on other streets, He was not in favor of staff's recommendation. Commissioner Kovacic asked if this was the right place to voice opposition about Downtown 2000 concept? The only thing the Commission is being asked to do is to change the description of the street By merely changing the description, it is,notdolng anything concerning the design, circulation or the capacity of First Ave. It will be the same street regardless oNts designation. ArcadiaCiiy Planning Commission 1/24/95 Page 4 I,' . . Commissioner Clark disagreed and said he viewed First Ave. as a street that provides convenience to many of the residents in'the City during the racing season which is a significant part of the year. He thought the reduction in number of lanes woulCfbea major inconvenience to many of the citizens and in talking with some'residents, no one thought this was a good idea. He did not like the reduction in number of lanes and angled parking which he considered very dangerous particularly coming out of it. Commissioner Kovacic, said the number of lanes on First Ave. is nonhe issue. The staff report does not address the Downtown 2000 Plan. angled parking or the reduction of lanes, only changing'the designation of First Ave. The ~eportindicated that by changing the name. it does not affect the way it is going to be used now or in the,future. Ms. Butler concurred with Commissioner Kovacic and said whether it is a secondary or a collector street, it does not change, anything. The City Council has already approved the Downtown 2000 Plan and staff is working to implement it. This procedure tonight is part of the implementation. Commissioner Clark thought the reduction in number of lanes would be a major mistake, Although Commissioner Kovacic agreed about the reduction in the number of lanes, he said this is not what the Commission is being asked to do. Chairman Daggett was confused about the Commission's role and wondered what difference it makes ' whether this body passes judgmenion the proposed change, since all the actions ~eported In the staff report will be taking place, regardless'of the Commission's opinions. ' Mr. Miller said the Commission~s'actiohtonight regarding this item, is more procedural. In order to change the General Plan. it has to go through the Commission and then to Council for final action. The only thingthatshould be focused on here would be to amend the General Plan to be consistent with a City Plan which has already been approved by the City Council. ' Ms. Butler reiterated that this change does' not affect anything. As the attorney indicated, staff is trying to provide consistency. This is a procedural matter. Unlike most General Plan changes coming before the Commission which would be a substantial change, this isa,clean up situation to provide consistency. Staff felNhatadding descriptions' would help anyone reading the General Plan'to better understand It what these terms mean. In response to Commissioner Huang',s question, Ms. , Butler Indicated thanhis inconsistency was recently noticed and actions are being taken to correct; it. The Downtown 2000 Plan was presented to the Commissionand,the public at several meetings which Included the reduction in humber of , lanes on'First Ave. Chairman Daggett remarked that although the plan was presented to the Commission. their opinions were not requested. Commissioner Kalemkiarian wondered'jf this change would carry with'it some legal ramification?, Commissioner Kova,cic felt that Chairman Daggett and Commls,sioner Clark did not want to have ,a vote recorded which in affect would indicate that they are in favor of the reduction in number of lanes and putting angled parking. He asked by approving'this, are they sending that message? Mr. Miller stated that it would not be a good practice forthe Commission to state its position through a denial on a procedural matter. The Commission is an advisory body. Some of the Commissioners expressed valid and legitimate concerns and they can vote either way and their comments will be recordEld in the minutes which the Council receives. He indicated that changes can always be made to the General Plan. Ms. Butler remarked that regardless of the Commission's action, this item will go to the Council for approval along with a staff report, including the minutes from tonight. MOTION It was moved by Commissioner Murphy, seconded by Commissioner. Kovacic to approve GP 95-001 and that the staff report presenting this item to Council include comments and concerns made by Chairman Daggett and Commissioner Clark. Arcadia City Planning Commissi,on 1/24/95 Page 5 . . (,I ROLL CALL: AYES: NOES: -'~ . Commissioners Bell, Huang, Kalemkiarian, Kovacic, Murphy Commissioners Clark, Daggett NON PUBLIC HEARING iTEMS 3. PLANNING COMMISSION DETERMINATION, Tha/the proposed use oHhe property at 180 W. Huntington Dr. for a residential abuse treatment center to men and women parolees is ,consistent with the use allowed by CUP 88-023. The staff'report was presented, For the benefit of the Commission, Mr. Miller explained that the proposed usewill be the same, but the applicants had the courtesy to come to the City and explain what they would be doing. Ms. Butler concurred and said staff felt the proposal is consistent but wanted reaffirmation from the Commission. Commissioner Kovacic,asked if a public hearing was conducted when this use was proposed and was it mentioned that'parolees would beat the s~e? Ms. Butleranswered that there was a public:hearing but there was no mention ,of parolees. Commissioner Kovacic wondered if a public hearing should be held and asked if/he public is being denied the right to comment on the issue of parolees attending rehabilitation' at this site? He felt that by making ihis determ.ination, the public is being denied the opportunity to comments on this request. Ms. Butler remarked that there are only three property owners within the 300' radius; the City, race track and Santa Anita Inn. She'explained that there can be no discrimination as to who resides there. Atthis point in time, almost any one can attend. It will still be privately owned and will not be operated by any State agency. Commissioner Murphy wondered if this would be subsidized by the State? Ms. Butler deferred the Commission's questions to Ms. Cherri Williams who was in'attendance. Cherri, Williams. 19503 Gallway, Ave., Carson, representing 'One Day a.t a Time' (ODAAT). In response to Commissioner Clark's question, Ms. Williams stated that most of the attendees have committed drug related offenses, such as carrying, selling or using it. Mosthave been in the commiJnity onparole and have to report to their parole officer. If they test positive for drugs then they would have tei attend a rehabilitation program. instead of being sent back to jail for violation. They will be ,screened to go into a treatment center. The pu,rpose is to stabilize them so they can go back into the community. For most, this would be a ,last chance to be productive again by going into a treatment program for 30 days. This program is set up by the State of Califomia Cept. of Corrections and the people being referred are from the EI Monte and Pasadena areas. This would not be voluntary attendance, rather their parole officer would be requiring them to attend. In response to Commissioner Claik's questions. she said they have another location in the Wilshire Police Dept. that has a high success rate (approximately 75%) and remarked that at that location they accept other offenders aswell as parolees. In her experience, parolees in a substance abuse program are often more receptive than people who are, private because they often have more to lose. She felt their program works because'jt is very well disciplined. She went on to say that they have one staff member for' every five attendees. They are monitored and have !o cOrne in at a certain hour. Transportation is provided for them. For the first ten days they are'restricted and during the stay they have to follow a rigid schedule. She submitted a program and a letter from one of the parole agencies describing the program. In this type of a program, if someone is going to be, a problem; it is evident in the first few days and they can be discharged. Arcadia City Planning Commission 1/24/95 Page 6 . . . '" She went on to say, that their lease with Spencer Recovery Center will be for one year. She indicated that there are no residences around the center. The location is very private and setback from the street and an ideal setting for recovery. -'~" . In response to Chairman Dagger's inquiry, Ms. Williams answered that when they come in they are given an assessmentandat that time they are explained the program and the rules and,they have to sign an agreement. They devise a program of therapy that is suitec for their individual needs; They will be at the site 24 hours a day and if they leave the site, transportation is provided by the center. Commissioner Kovacic wondered if the proximity of the bar, race track and a hotel nearby might be a potential problem? Ms. Williams said if there is ever a problem, the person would be, asked to leave the program because there is a long waiting iist. These people are being given an opportunity to Change their life and they probably will not jeopardize that chance. Olee Morris, Executive Director of ODAAT, said the parolees have to come to the program. They cannot go anywhere they want in the community, even aflerthe ten day probationary period. This is a very disciplinary program and the residents eam their rights. They are directly connected with the State. Ms. Williams indicated that they provide both transportation and personal iterrls to the parolees. They were told 'that this program had to be.located in the San Gabriel Valley. The parolees don't necessarilY have to be convicted for a drug problem they can be on parole for another offense but they would be required to attend this facility as 'a result of a substance abuse while on parole. The facility Is non-smoking. Smoking is allowed outside only. Commissioner Bell was concemed with groups congregating outside to smoke and was aware of the problems that the Monrovia facility has with the neighbors. ' Ms. Williams explained that the facility is well landScaped and the shrubbery would provide for privacy withOUt being observed by the public. She explained that the Monrovia facility is right on the'street. Mr. Miller inte~ected and said that there is a long history of this use at thesubjecflocation alld there has never been any problems. This is not, a new use just a status change from the people that are using it; His office has never received any complaints. Ms. Butler concurred and said the Pollee Dept. has not received any complaints. The hotel is approximately 70' from the property line. Commissioner Kovacic wondered if they tell the State who they would accept? Ms. Williams said they get a portfOliO of the person. In'the interview they are betterable to make a determination of the attendee. It is difficult to tell by an application of who they will aCcept and they preferintervlewingthem. Mr,Morris explained'thatone of the problems in this type of an environment is providing care for 'dual'diagnosis' problem people. These are peoplethat'have mental problems and drink and use drugs. This Isa very sad situation and sometimes it is difficult to say what they are dealing with - is'jt the medication or the drug use? Ms. Williams assured the Commission ,that dual diagnosis people would not be coming to them and their parole officer will send them to a more suitable location. Commissioner Kovacic said that as a society everyone must take the, burden of accepting these type of people. He wondered though if merely adaing parolees to the list is significant'enough to hold a public hearing? Mr. Miller said a public hearing would only Involve three property owners who have never opposed it although others might attend. CommissionerKovacic felt this might be an issue where concemed citizens might attend and voice, their opinion. Mr. Miller clarified that the focus oi the hearing would have to be land use and noUhe status of the individuals attending that is irrelevant. Arcadia City Planning COmrT)ission 1/24/95 Page 7 . . . 1,1 Commissioner Kovacic said in Arcadia this would be the best location. He asked if this might be a new operation therefore, requiring a new conditional use permit? -~"':: . Ms. Butler indicated that they are both residential care faciltties. Code does not differentiate between them. If the City was not notified, staff would probably have never known of the change in use. The previous change was brought to the Commission and staff felt this should be reviewed by the Commission to provide for consistency. There has been no change in the original CUP as far as residential care facility. The Police Dept. felt that if this was to go anywhere in the City" this probably would be the best.location, especially due to tts proximity to the Police Dept. and the fact that it is not close to residential properties and that it is secluded. It was brought back for the Commission to provide for consistency because In 1992 the Commission reviewed it to include treatment for males because the original CUP was only for femal~s. Mr. Miller explained thaUhis is not a CUP hearing. The CUP was approved and there Is no jurisdiction to reset for a CUP hearing. Staff brought it to the Commission for informational purposes. Even if the Commission would take no actions on this, it would still be deemed to be approved based on staff's determination that has to administer the zoning code. Commissioner Clark asked if a sunset clause could be placed and Mr. Miller responded that this is not a CUP. She indicated that if there are problems, the CUP can always be revoked. MOTION It was. moved by Commissioner Kalemkiarian, seconded by Commissioner Bell to make the determination that a substance abuse care facility for parolees Is consistent wilhthe approved CUP which is for a.residential care facility for counseling and rehabilitation to persons with drug and alcohol related problems. ROLL CALL: AYES: NOES: Commissioners Bell, Clark, Huang, Kalemkiarian, Kovacic, Murphy" Daggett ' None 3. RESOLUTION NO. 1519 A resolution of the Planning Commission of the City of Arcadia, California, granting CUP 95-001 to operate a restaurant with seating for, 52 ,persons at 1311-B S. Baldwin Ave. RESOLUTION NO. 1520 A resolution of the Planning Commission of the City of Arcadia, California, adding a.condition of E!Pprovlil,lo GUP 94-006 for the Club 101 Sports Bar & Grille at 16 E. Huntington Dr. Ms. Butler read lhetttles of the resolutions. Commissioner Kovacic stated that he would have to abstain from voting on Resolution 1519 because as indicated at the beginning of the hearing,the,day after the hearing, he discovered that his firm represents the applicant. With regard to Resolution .1520,he remarked that the second 'Whereas' paragraph discusses the different possibilities, if the reevaluation discloses'any detrimental or injurious affects. However, when the. conditions are imposed there is no mention of the consequences. He asked if staff feels that is clear enough that the Commission can amend the approval or impose additional condltion(s) or should something be added to better clarify that. Mr. Miller said that language can be added to'reflect consistency with'the secOnd 'Whereas' paragraph. MOTION It wa~ moved by Commissioner Clark, seconded by Commissioner Huang to adopt Resolution 1519 and to formally affirm the decision of January 10, 1995 and the vote thereon. Arcadia City Planning Commission 1/24/95 Page,S . '\ . . .ROLL CALL: AYES: NOES: ABSTAIN: MOTioN -'"_Commissioners Bell, Clark, Huang, Kalemkiarlan, Murphy, Daggett None Commissioner Kovacic It was moved by Commissioner Clark, secqnded by Commissioner Huang to adopt R,esolution 1520 subject to the above amendment and to formally affi,rm the decision of January 10, 1995 and the vote thereon. ROLL CALL: AYES: NOES: Commissioners Bell, Clark, Huang, Kalemkiarian. Kovacic, Murphy, Daggett None Chairman Daggett noted there.is a five working day appeal period - appeals should be filed,by Jan. 31. MATTERS FROM CITY COUNCIL CITY COUNCIL REPORTS / ANNOUNCEMENTS / STATEMENTS Mayor Young stated that this is her first Planning Commission meeting since increasing the membership to seven and she was pleased. MATTERS ,FROM THE PLANNING COMMISSION REPORTS/ANNOUNCEMENTS/STATEMENTS Ms. Butler noted'that although there will be no Planning Commission on February 14th, there will still be a Modification Committee meeting. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Huang recapped the Modification Committee's actions., MATTERS FROM STAFF 1 . 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. 2. UPCOMING AGENDAITEMS Ms. Butler announced the applications that have,been filed andwill be before the Commission as public hearings. She noted, that the Planning Commission training has been scheduled for February 8th. ADJOURNMENT Arcadia City'Planning Commission 1/24/95 Page 9