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HomeMy WebLinkAboutJANUARY 10, 1995 , . . MINUTES Arcadia City Planning Commission Tuesday, January 10,1995 7:15 P.M, in the Council Chambers Planning Commission proceedings are tape recorded and on file in thealliceof the Community Development Division, The Planning Commission of the City of Arcadia met in regular session on Tuesday, January 10,1995 at 7:15 p,m, in the,Council Chambers of the Arcadia City Hall, 240 West Huntington Drive, with Chairman Bob Daggett presiding, PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: ABSENT: Commissioners Bell, Clark, Huang, Kalemkiarian, Kovacic, Murphy. Daggett None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms, Butler indicated that item #5 on the agenda. Goldstein's Bakery has been continued to the Commission's February 28th meeting, QUESTIONS FI:IOM PLANNING COMMISSION - CLARIFICATION OF AGENDA ITEMS 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 MOTION: READ ALL RESOLUTIONS BY TITLEONL Y AND WAIVE READING IN FULL. It was moved by Commissioner Clark, seconded by Commissioner Kovacic 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, 1 . MINUTES OF 12113/94 MOTION It \/{as moved by Commissioner Murphy,seconded by commissioner Kovacic to approve the Minutes of December 13, 1994 as published, The motion passed by voice vote with none dissenting, OTHERS ATTENDING: Council Member Barbara Kuhn City Attomey Michael Miller Community Develop,ment Administrator, Donna Buller Planning'Services Manager, Corkran Nicholson Associate Planner, James Kasama Assistant Planner.Wiliiam Stokes Assistant Planner, John Halminski Secretary, Silva Vergel v' . . PUBLIC HEARINGS 2 . PUBLIC HEARING MC 94-054 281 Arbolada Dr, Pete' Humason, property owner & applicant Simon Russin, 'property owner at 275 Arbolada, appellant Consideration of an appeal,of the Modification Committee's approval of an existing ,side yard setback of 2'-S":t In lieu of the required 10'-2" for a proposed garage addition to align with the existing garage, The staff report was presented. Staff pointed out the location oflhe pool on the site plan which is behind.the, garage. Jl was noted that the addition will not encroach to the oak tree, Mr, Nicholson said the oak tree is in the middle of the driveway and that portion will not change, The arborisfs report has indicated that the extension will not harm t/)e tree, The driveway will extend out to the new 3-car garage, The full width of the garage will be paved and there will be parking aV(iilable for at least2 cars, Code requires'at least 2 spaces with direct, access be provided, The owner might'chose to use the third space as a workshop, The public hearing was opened. In Favor of Aooeal Simon Russin, 275 Arbolada. the appellant was present and introduced his attorney, He said he would be the neighbor mostimpacted by this driveway and garage addition which will ~e, 13'-S" 'from his bedroom, When he walks out on his deck this building-will be what he will see, He was concerned with the noise created by this new building'and felt that due to its proximity to his bedroom. he would be disturbed, They-weregoing to have the property surveyed to deten;ninetheexact jocation of the property line but ,he has yet to. see the report, He summarized the history of this addition and how eac/) time'the owner approached him thll setbacks changed due to incorrect property line dimensions. He said that in the beginning, Mr, Humason told him that he did comply with the setback requirements but he discoveredthafhe didn't. Then he revised the plan which would need a modification and his'approval. Nowthe building will be 2'-S" from the property line and he objected to ,this setback. He feltthat Mr, Humason has continually misrepresented himself,' Rees Lloyd, 500 Canyon Dr" Glendale, representing Mr. Russin said his client is challenging'.the Modification Committee's ,approval, because what they approved will have a great impact oil him, He asked what would happen when Mr, Russin decides to sell his home? Anyone looking at his property would not want to purchase it, once they see a building so close to his bedroom, This addition will diminish the valueofhis property and his enjoyment from iland, therefore, would be a hardship, He suggested constructing this on the west (i;ide and so it is not next to Mr, Russin's property, There is no doubtthere would be constanttraffic, He asked if any of the Commissioners would like this built next to their bedrooms? He summarized the Modification Committee's action on November 22nd and said that in the middle of the meeting, staff received a call from the Chairman of the Homeowner's Associailon (\-lOA) withdrawing their approval, because they were not given correct information. He thought that the Committee should have denied the project at that point. But the Committee decided to continue the hearing causing Mr, Russin to pay the appeal fee, even though Mr, Hum!ison misrepresented himself,to the HOA and the City, Then, at the Committee's next meeting, Mr. Humason's request was approved 2-1, The two consenting votes from City staff. The approval was subject to the planting of cypress trees along the property line, He read a letter from a tree expert who thought thata single row of trees would be worthless and not work, as,a noise barrier, Mr, Lloyd 'went on to say that:they have attended the tiOA meetings and voiced their opposition on this addition and are now before the, Commission requesting the denial of the proposed building, They informed the HOA of the discrepancy with the property line location but the HOA was not interested In thal and only considered the aesthetics of it. They were informed that the City would be the one who would take' into the consideration the property line and the distance of the addition from it. Arcadia City Planning Commission 1/10/95 Page 2 '1 . . . He said they are still waiting to see a copy of,the survey'showing the location of the property line and they feel they are entitled to see it because it would determine how close the building would be to the property line and that would,adversely affect Mr, Russin, He did not want this modification to be approved and urged the Commission to deny it. But if the Commission approves.it; the property owner should be required to have at least a 6'-0" high block wall and not a wood fence, In response to questions from the Gommission, Mr, Russin explained why he thought there would be additional traffic and noise, In'the past, Mr, Humason has been quite a sportsman and tias had many differeni types of vehicles and recreational equipment which he feared would be located on this side of the property, thus increasing the noise, He was unaware of Mr, Humason's plans for this garage and what he was planning but remarked that in the past, he has had numerous types of vehicles'there and sometimes they leave the cars running in, the moming. Due to th!llocation of the driveway and its proximity to his bedroom, he would hear the cars and breath in the fumes, Presently the cars are further back from his property but by having a garage a few feet from his bedroom, no doubt the noise would increase substantially and he thought the addition would be approximately 12' to 14' from his,bedroom, He remarked that he did not object to the proposal,just to the setback ad asked why he can't move the,garage to the west and comply with the setback? Mr, Miller asked if there are,.now or ever have been any noise problems in the past? He explained that the purpose for these questions; is to tie in the proposed addition to the Increased noise, Mr. Russin replied that there has always been different types of noise from this property. When Mr, Humason's sons were younger, they used to have parties late into the night. He remarked,that his other neighbors have filed complaints with the Police Dept. with regard to these disturbances, He did not want to have, anything built there. until they know where the property line is, Commissioner Kovacic remarked that if Mr, Humason's'intends to build a garage, itseemed more logical that the, noise would be less if the cars are parked in an enclosed area rather than outside? In Oooosltlo" to the Aooeal Michael Humason, 281 Arbolada, said he was there representing his father who was unableto'attend tonight's meeting, He explained that they intend to add to ,the existing garage, with an addition that will follow the same characteristics of their house. There will be no doors or windows on the east portion of the building, He thought that the distance between the'proposed garage and Mr, Russin's home wouldbe'approximately 19', The proposed (Setback wi.1I allow the building to be, align with the existing garage. , If they were to move this in and,comply with the setback, the garage would partially block:their rearentrance,intothe house and look out of character, He went on to say that after the, HOA meeting; he approached Mr. Russin and asked his opinion on what he thoughtwoulcj be appropriate. Mr, Russin did"not respond and suggested that they go back to their architect and, redesign the project. With regard to the Modification Committee's approval, he remarked that he did not think cypress trees would do well in this location, because there is limited sunlight he was willing to compromise,and Construct a wall as suggested by Mr, Lloyd, if Mr, Russln,would share half the cost of constructio,n. In response toa question by Commissioner Kovacic, Mr, Humason,said that they feel that it. would not be appealing to construct -thisgarage.elsewhere on the property and the HOAagrees, The garage is visible from the street and if they were to bring it in, it would leave a big gap which aesthetically would not be pleasing. With regard to the survey, he remarked that he thought thi,s was a civil matter between Mr, Russin and his father, that the City wo.uld not get involved in property line disputes. He said the property has been surveyed and a property line determined, However, if the Commission would like him to. he will show the map to Mr. Russin, Chairman Daggett confirmed Mr, Humason's remark and said that the City will not get 'nvolvedin property line disputes between neighbors and it is a civil matter, Arcadia City Planning Commission 1/10/95 Page 3 . . . In answer to Commissioner Huang's question, Mr. Humason said the proposed 'changing room' will have a full bathroom and will be utilized as achanglng room. Theymightput some chairs, table and a TV in the room,but the purpose of the room will be mostly to change before going into the main house with wet bathing suits, Rebuttal In rebuttai. Mr, L1oyc;l said they do not wanUo stop him from building. they just want him to move the building over so It does not interfere with tJIr. Russin's enjoyment of his property, He said this isa classic case'of an owner trying to utilize every inch of his property that he can build on and not having any regard for his neighbors, thus reducing the property values in the neighborhood, He was upset that they were not shown the survey map and was apprehensive about their plans, He was appalled atMr, Humason's'suggestion.to have Mr, Russin share the cost of the wall, "Mr, Russin Is not the one contemplating this addition or requesting the modifications.' No one else spoke In favor or in. opposition to this item, ,MOTION It was moved by Commissioner Bell, seconded by Commissioner Huang to close the pubiic hearing, The motion passed by voice vote with none dissenting, In response to questions by Commissioner Kalemklarian, staff summarized the HOA's actions on the proposed addition, Staff explained that the reason the hearing was continued from the Modification Committee's November 22nd meeting to the December 13th was to give the, HOA time to review the plans that were, submitted to the City and to render a decision, because the plans that they had stamped were different than the oneS that were before the Committe,e, Staff Indicated that there would be no way of telling where the property line is by looking at the property, without a,survey. Commissioner Kovacic said this isa large lot and there is a lot of room to worK with, He could understand why Mr, Russin would not want this, addition to be closeto'his home but he did not think there, would be additional noise by the garage, He thoughtthis is an aesthetics Issue and not noise. Commissioner Clark, agreed and did not think that the noise level would be significantly increased by the garageaddiiion, ,He thoughtthat a,block wall would be.a better noise buffer, Commissioner MurphY agreed and did not think that noise is an issue, He indicated that.a small portion of the building would be what encroaches into the setback, Chairman Daggett'sald_the only Issue before the Commission is the setback and, not the noise because it Is not definable.' Hefelllhat as long as the HOA,has approved it, he would feel comfortable with their decision because they take.into accounllheaesthetics, The Commission"should only decide the setback request and it is not their role to setaitematives, In response to Commissioner Kovacic;s questions, Mr, Miller said the HOA takes into consideration the compatibility of the project with the neighborhood and the aesthetics of it, They do not have the'authority to grant code variances, He indicated that the Commission should consider the setback issue only, Ms,Butler further explained that the HOA,can make recommendations to the City regarding modifications but does not, have the authority to act on,them, Commissioner Huang,could not see the need for a changing room attached to the garage, Chairman Daggett said If approved, they could be required to place the double sided garage door on the east side and the single-sided'on.the west to stay clearofthe oak tree, MOTION It was moved by Commissioner Bell, seconded by Commissioner Huang to grant the appeal and overtum the Modification Committee's app'roval of MC 94-054. ROLL CALL: Arcadia City Planning Commission 1/10/95 Page 4 . . AYES: NOES: Commissioners Bell, Clark, Huang, Kalemkiarian. Kovacic Commissioner Murphy and Daggett Chairman Daggett noted there isa five working day appeal period, Appeals are to be filed by Jan, 17, 3 . PUBLIC HEARING CUP 95-001 1311-B S, Baldwin Ave, R. pernecky Management Corp, Consideration of a conditional use perm~ for a proposed McDonald's Express,Restaurant with seating for 66,persons, The proposed hours of operation are from 8:00 a.m, to 9:00 p,r'n" Monday through Sunday, The staff report was presented, Staff clarified that there would'beseating'for 52 persons, In response to comments' by the Commission, staff remarkedthatthey are in the process of taking a look at the City's parking code for mixed use developments, The Commission was confused,and some members concemed about, the number of actual parkingspaces'vs, what code requires and the deficiency, It was notedthatthere are 771 park,ing'spaces but code requires approximately 1424 based upon the' individual uses in the center, Approximately 50,000 sq, ft. is basement area and it is included'in determining the number of parking spaces. Ms. Butler expanded and said staff is in the process of gathering information regarding mixed use parking, Commissioner Kovacic thought that angled spacing might provide more accessible spaces. He was concerned and wondered how they would only need 25% of the required parking? Staff explained that as mentioned above, the 1424.parking spaces includes the basemen!.,area, !lased on past experience, Golden West .Properties, the property owner has been very concerned with whom they lease tei and have always 'considered the parking when contemplating a tenant. The property owner has always worked closely with staff and provided background information on the proposed tenants, Staff did not see a problem with the parking number deficiency, considering the owner's conscientiousness with their tenants. Commissioner MurphY remarked that there is almost a 100% parking deficiency and was concemed, Commissioner Huang commented thatthis seems to bea unique situation. The public'hearing was opened, Mike Pernecky, 1150 Foothill Blvd" La Canada, represeniative for McDonald's explained the concept of McDonald's Express(M,DE) and said this is a new concept and the express means limited, MDE'isusualiy sm,aller building size with a Iim~ed menu, MDE Is located in areas for the benefit of the people and 'they are going where the people are and their purpose is not to attract people off the street" There will be no drive through windows, They will close, at 9:00 p,r'n, along with the other shops In the center, The Fire Department is requiring that they keep the entrance from Baldwin open but did not anticipate utilizing ~ much. Their main entrance will be.offthe parking lot. He went on .to explain that there are currently 25 MDEs in the USA and the only one in Califomia which opened approximately 6 months ago in Rosemead near the 10 FWY, Mike Pashale. 1028 HillcrestRd" Beverly Hills, one of the owners of the center said that they've been owners of thi,s site forthe past 10,years and prior to that this was a very ''tired'' shopping center but ever'slnce they'Ve acquired it, they have worked very hard to bring in good tenants and have been successful, Although some or-the uses in the center are "intense uses", they have never had any parking problems, even in December which is their busiest month, At the busiesttime. only 213 ,of the ground floor parking I,ot was utilized, and the top level parking near Burlington Coatis hardly ,used. Arcadia City Planning Commission 1/10/95 Page' 5 . . As owners of the property, they had heard many of the employees asking them to bring in an eating establishment. Although there was;a Chinese food there, they were unsuccessful and closed, They were approached by MDE and feel they'd be a good and stable tenant. Tom Pashaie. 1028 Hillcrest Rd" ~ever1y Hills, said MDE would be beneficial ,to some of the people that u!i1ize this center, such as, the elderly and the ones on a fixed income because the food is inexpensive and MDE offers reasonably priced meals, Another'advantage is the long hours that they will be open, No one else spoke infavor'or in opposition to this item, ~OTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Murphy to close the public hearing" The motion passed by voice vote,with none dissenting, Commissioner Kalemkiarian agreed with Commissioner Murphy's concem regarding the deficient parking, He remarked that for a very long time the parking at Hasting's Ranch center in Pasadena was alsounderutili~ed but with ingenious property management they were able to bring in good uses and now there is a parking problem, Commissioner Murhpy said that even though McDonald's is a good and stable tenant, he did not think they would add to the traffic, MOTION It was moved by Commissioner Clark, seconded by CommissionerHliang to approve CUP 95-001 subject to the conditions in the staff report, ROLL CALL: AYES: NOES: Commissioners Bell, Clark, Huang, Kalemkiarian, Kovacic, Murphy, Daggett None Chairman Daggett noted there is a five working appel!1 periogafter the adoption 'of the resolution, Resolution will be adopted on Jan" 24 and appeals are to be filed by Jan. 31, 4. PUBLIC HEARING CUP 94-006 i 6 E, Huntington .Dr, ' Paula Zdara. Doris Ferguson & Larry Lorin dba:,Club 101 Sports Bar & Grille The six-month reevaluation stipulated by Planning Commission Reso, 1513 of CUP 94-006, which extended the operating hours.to permit opening at 10:00 a,m: and closing at 2:00 a,m" added karaoke entertainment,and granted parking and landscaping modifications for the restaurant and cocktail lounge. The staff report was presented and the public hearing was opened. In Favor Paula Zdara, 1203 Willow, Glendora, asked if she could speak at the end of the public hearing and Chairman Daggett agreed, Bill Connolly, 815E, Camino.Real, said as a past business owner.!n the City for many years, ,he has known the ownElrS for many ye,ars, They have always been good citizens and business owners" He attested to the fact that there could not be any noise or parking problem in the alley and explained that there are two handicap spaces in the rear and he always utilizes it. At the end of the Elvening. they lock up the back door and since there is limited parking in the rear. the alley is hardly utilized. therefore, there qould not bea noise problem, He did not think that their clientele would be the kind of people to cause trouble and be a nuisance, The Arcadia City Planning Commission 1/10/95 Page 6 . . complaints made are the same ones that were mentioned with the other businesses, even before Club 101 opened. He went on to say that this is the type of a use that the ,City would like to see in the downtown area, He remarked that i!.is very difficult for small business owners to survive and to be able to remain open that extra hour or two coulifbe the deciding factor in survival. Khevin DeVaughn, 183 Woodruff, said'he is in charge of the security for Club 101, Their clientele is not the type of people for doing what they are being accused of and are not trouble makers. They always have two security people and ask that people leave through the front and have done everything possible to keep the neighbors' peace, They want to be good neighbors and do not want to cause a problem; In response to qliestion from the Commission. he said that on weekends they may have from 100-120 people up to about 1 :30 a,m" when the crowd begins to disburse, They keep the back doors locked and have not had a problem with persons utilizing the front doors to exit. If they parked in the rear, they will walk around to get to their cars, Many times, their customers will go to the other establishments on Huritington Drive using the sidewalk, They have never had a,ny probl!lms with loitering or excessive noise, Most people, will use the parking at the liquor store or park on the street. Rarely, do the people utilize the ,parking in the alley because there isn1 many spaces there, Their clientele is older and it is a safer environment, whereas, the other bars attract bikers and occasionally there are.fights, Mr, Miller emphasized there was excellent fact finding by the Police Department and Page 2 of their report indicates.steps being taken by Club 101 to minimize the problems, Steve Gilbreth, 830 Victoria Dr,. said that he patronizes Club 101 occasionally and the manner in which they operate is very amicable, IUs a very well managed business. He indicated that he has never observed any noise problems-and has gone there with his sons to see a sporting event, He has always seen a person a1 the back entrance, as the pe.trons are leaving, In his opiriion, the management is trying to do everything possible to control anyproblems.thatmay,arise, William Wong, 11:7 W, Magna Vista, th,e property owner indicated he has been very satisfied with his new tenants, They are very cooperative and have tried to do everything possible to eliminate problems, They have eve'n posted a sign on ,the back door, requesting patrons not to use the alley entrance in consideration of their neighbors to the south and to reduce the noise. He urged the Commission to allow them'to continue with the CUP, In ODDosition Ron Palfrey, 15 Alta St., spoke on his father's behalf and their tenants, who owns property directly behind Club 101, On a regular basis, they have had problems from the patrons that visit Club 101, The patrons have parked and blocked the tenant's garage, preventing them. from entering or leaving their garage, There have been several instances of people walking onto their property,and urinating on the f1.owers and bushes and even defecating, ,The loud noise, is a nightly occurrence, with people using foul language, arguing and fighting, The Police have ,been called on sever!!1 occasions and they are able to disperse the patrons, temporarily; ,but the noise resumes. Several of the neighbors have moved out and have complained about bei~g awakened at 2:00 a,m, because of the loud noise and foul language, The tenant's bedrooms have windows on the alley and are disturoed by all the noise created ,by the Club 101 patrons, He indicated that his father purchased this property as income property and this is his lifetime investment providing him with his retirementincome, The Arcadia Redevelopment Agency has indicated its desire to have restaurants in this area, but this is a bar and not a restaurant. Art Palfrey, 15 Alta St., agreed with comments made by his 'son, He introduced one of his tenants who recently moved out because shewas regularly awakened by the noise and due.to her profession has to wake up earlyahdwas unable to rest during the, night due to the excessive noise. He stated that their patrons have cOme .over onto his property and relieved themselves of bodily excretion, There has been many problems since the hours were extended. They never had any problems whim Mr. Wong's business was there which closed at a reasonable time, He has never seen a security person there. He thought their patrons were around 21 and even though the problems decreased from when the,Love Boat restaurant was there, on a scale of 1 t01 0, the Love Boat rated a 10 in trouble making and Club 101 an 8, Arcadia City Planning Commission 1/10/95 Page 7 . . Niki Andarea, 15 Alta. said she was one of Mr, Palfrey's tenants and was forced to move because she was unable to sleep at nights due to the excessive noise level from the patrons of Club 101, She did not recall seeing security persons patrolling the rear entrance, There used to be loud conversation and blocking of the garage doors, Mr, and Mrs, Lawson, 9 Alta St., as managers of these apartments, they have seen many problems from the patrons of the Club 101, On Thursday, Friday. Saturday and,Sunday nights there are always loud noise and they commented that they dread the weekends. By the time the police get there, the people are gone but they ,leave behind their trash, Several times, their garages have been blocked and they wondered how they would gettheir vehicles out in case of an emergency? They invited the Commission to visit on a weekend and listen to all the noise and to see if they could sleep with all the noise, Dawn, Baker, 5 AltaSt., said she also wakes up early, because of the screaming and yelling, She said that one night a woman was being beaten up by a man and screaming for help and by the time the Police got.there, they were gone, There are broken bottles and she was 'fed up with all the problems, She would notobjectto their business if they closed at a more decent hour, ' Ruby Wallace, 9 Alta, agreed with all the tenants and said she has also been awakened by the noise, Although she is retired now and can sleep in, she sympathized with her neighbors who.have to wake up early to go to workand remarked how difficult it'can be when you did not get a good night's rest. Rebuttal Paula Zdara, 1203Willow, Glendora, said there is no parking spaces in the back, There are two handicap spaces and the other spaces are utilized by their employees, There are seven spaces in the liquor store parking lot and she thought it might help to post it 'for liquor store parking only'. She remllrked that the complaints heard tonight, were the same ones heard at the June 14th meeting' and read paragraph 5 on page 5 of the Minutes to prove her point. Norman Goodfriend, 16661 Ventura Blvd.. #607. Encino, attorney for Club 101. asked how the tenants c,ould be sure that the disturbances were caused by'the customers; of Club 101? ColJldn't the noise be from qustomers of the other bars who came to the Club'101? Couldn't it be possible that the excretion of the body fluids could be from-the homeless w~o live in the park across the street? How can the residents be sure that all the problems are caused by the Club 101 clientele? He went on.to say that the other bars down the block attract a different type of a,crowd that might be more likely to 9reate the, problems mentioned, They do not have,a Iiv,e band, only a jukebox, The only'thil)g that reducing the hours would accomplish would be shifting the noise to a different 'hour. He said that if someone is, a light sleeper,.any noise can wake them up, When their patrons leave thebar, they maywalk'to the cars, which might be parked in the rear or at,the liquor store parking lot; they may be speaking and laughing as they walk to their cars, Voices carry and if someone is a Iightsleeper, the slightestnoise might awaken th~em, He said if a literary club had a gathering and left after their meeting, their ,laughter and conversation might also awaken the tenants on Alia SI. There is no correlation that the noise is by Club 1 01 customers, Club 101 has done everything possible, going as far as posting signs askingiheir customers not to park' in the alley, He stated that it is very important to discem where the problem is coming from, In answer to a question by Commissioner Kovacic, Mr, Goodfriend said the problems indicated by the neighbors are not from Club 101 customers, whose average age is about 40 and said their customers would not behave that way, Their restaurant is well lit and is not a sleazy place one might go to just get a beer. They have not witnessed any of the behaviors mentioned by the n,eighbors and do not feel that they are responsible for the disturbances, He noted that the problems are ones that occurred even before Club 101 was opened; therefore; he did noi think they are ,responsible for the alleged acts, In response to Commissioner Kovacic, Mr, Goodfriend said that reducing the hours is unacceptable to them, He did not think that providing a security guard would be beneficial and in fact it might be dangerous because the guard would be exposed to any activity taking place in the alley, especially if the people are that belligerent to behave as indicated. He did not think they would need a guard for 2 employee parking spaces and 2 handicap parking spaces, Ms, Zdara asked whatthe Commission thought a guard would do or could accomplish? She Indicated that Rrsi Cabin opens at 6:00 a,m, and reiterated that they do not have live band, only a jukf;! box. Arcadia City Planning Commission 1/10/95 Page,8 . . . Mr, Miller'informed her that she should not question the Commission, He indicated thatif the Commission has any questions, they can ask Cap!. Hinig who is present. Cap!. Hinig recommended in his report providing ,a unifolTT1ed security guard as one of the alternatives, Mr, Goodfriend indicated that as mentioned in previous testimony. Club 101 is already providing a security guard. Commissioner Clark saJd that based on the neighbors' testimony. the noise is from midnight to 2:00 a,m, and he wondered if they were to close earlier, it might reduce the noise because there seemed to be less of a problem when the previous business closed earlier, Mr, Goodfriend replied, that no business is without noise, He'indicated thatwhen the,owners were waiting for this CUP to go into effect, they were operating under the old CUP which did not allow them to stay open as I~te, Cap!. Dave Hlnig, Arcadia Police Dept., said the customers of Club 101 are well behaved, On January 1 st, there was a case of assault wilh bodily injury butthe overall condition there is good. They have never seen, a unifolTT1ed security guard and said their security could be classified as bouncers, The Police was not aware of, a security guard's presence at the Janl,lary 1 st assault. Police Dept. feels that when people see a uniformed security,guard. that.would be visible authority and people would tend to be less likely to misbehave. Justthe simple existence of a unifolTT1ed security guard wQuldprobably reduce'the noise, In answer to a' question by Mr. Miller, he said the fastest way for the unifolTT1ed guard to get hold of the Police would be to have a cellular phone with the Dispatch numberstored in its memory, because, dialing 911 with a cellulClr phonewill not go the nearest jurisdiction, rllther to the California Highway Patrol. If they are required to provide a security guard, the guard should not attempt to interfere and resolve any arguments because he would ,not be in a position to intervene, He noted that even if a guard' is provided, there will still be noise when the people leave, except. with the guard's presence would be a reminder to keep the noise to a minimum. This is a unique situation and there are no other similar type establishments'that are as close to residential property. He did not' think that posting a 'No Parking'sign in ihe liquor store parking lot would be a good idea, because people wouid undoubted'ly park there and the Police would have to bring in a tow truck which-would disturb the neighbors much more, He thought that the other bars;are probably louder, Club 10,1 client.s exit through the front and would have to go around the, building, if they parked In, the alley. They feel thal'the owners have done a lot to resolve the problem but at 2:00 a,m, the slightest sound might seem much louder than the same noise at 7:00 a:m, In.response to comments made by Commissioner Kalemkiarian and Capt. Hinig, Mr, Miller said that this is a permit for land use and the City should review each project on Ii case by case. All bars and restaurants'should riot be lumped together as a use with problems, No one else spoke'in favor or in opposition to this item. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Kalemkiarian to close.the public hearing. The motion passed by voice vote with none dissenting. In answer-to questions from Commissioner Kovacic, Ms, Butler said that Tommy T's and. First Cabin do not have CUPs, Both arealegal non-confolTT1ing use and stay open until 2:00 a,m. without.providing a security guard. If the business discontinues for a period of 90 days. any similar type establishment would require a CUP. Steerburger did need a CUP when they expanded. Mr, Miller indicted that the, Commission can Impose additional conditions and reevaluate the CUP in a few months io assess the situation. Staff indicated that the liquor store parking has 7 spaces that can be utilized, Arcadia City Planning Commission 1/10/95 Page 9 . . Commissioner Clark felt'th<it the hours should be reduced, although not drastically, to see if the problem improves, He sympathized with the neighbors and felt some sort cjf reduction in the hours of operation is needed, Commissioner Murphy visited the site on Saturday and walked around the block and alley, He wasimpressed with the establishment and it seemed to be a well run business, He shared the neighbors' concerns and admitted that this is a tough problem, Putting the noise issue aside, with the other establishments having the ability to stay open until, 2:00 and In the interest of fairness, to restrict the hours of operation. might be a drastic step, He thought the Commission should take it one step at a time, perhaps. requiring a uniformedsecunty guard for a period of 3 to 6 months"to,see if that mitigates the problem, Commissioner Huang said based on the applicant's:comments, they do not want to Iimitthe hours, He was inclined to go with staff's recommendation A, which would limit the daily hours of operation to 10:00 a,m. to 12:00 midnight but in addition on Fridays and Saturdays they be permitted to stay open until 1 :00 a,m, Commissioner Kovacic lhoughtthe limitation of hours would probably remedy some of the problems. Based on Cap!. Hinig's testimony and options given, a uniformed securiiy guard would' be helpful and tile Commission should require that as minimum, He would be in favor of Capt. Hinig's Options 1 or 3, listed below: Ootion 1 Limiting the hours of operation Sunday through Thursday to 12:00 a,m; (midnight), Friday and Saturday hours would remain until 2:00 a;m. The Club 101 is primarily operating as a 'Sports Bar" with completion of most major sporting events occurring prior to midnight. Limitation of,hours as noted should not have a major impact on patronage, (A) With reevaluation of CUP in 6 months Ootion '3 Require Club 101 to posta unifo~med. security offi,cer in the rear of the premises from 10:00 p,m, until the business closes and the lot has been cleared of patrons, This would be for the purpose of encouraging patrons to minimize noise, (A) Could be imposed with any modification adopted, Commissioner Clark was ,in favor of Coml)'lissioner Murphy's recommendation to impose the uniformed security. guard and.reevaluate the CUP in 3 months, Commissioner Murphy said that without any changes at the alley and reducing the hours on weekdays and not on weekends. that would only solve the problem for 5 nights a week and the other 2 nights the same problems would,occur, Based on Commissioner Murphy's comments, Commissioner Kovacic said he would be in favor of amending the CUP with both the conditions listed above. Commissioner Kalemkiarian pointed oul'lhatthereis a letter frorTi one of Mr, Palfray's tenants in favor of the CUP. which shows a difference of opinion of what is, happening ther,e. The livelihood of a bar is toward the end oi the evening and ~e hated to see that being taken away from a business owner. He was in favor of placing a unifOrmed security guard atthe.rear entrance, In response to Commissioner Kovacic's question, staff said that there has been no problems with serving of food at Club 101, MOTION It was moved by Commissioner Kovacic. seconded by. Commissioner Clark to amend Resolution 1513, requiring a Unifoimed Security Guard'after 10:00 p.m, to be posted at the rear entrance and to reevaluate the CUP and this condition,in 3 months, Arcadia City Planning Commission 1/10/95 Page 10 . . ROll CAll: AYES: NOES: Commissioners Bell, Clark, Huang, Kalemkiarian, Kovacic, Murphy, Daggett None Ch13irman Daggett noted there is a five working appeal period after the adoption of the resolution. Resolution will be 'adopted on Jan, 10 and appeals are to be filed by Jan; 31, C,ONSENT ITEMS 5. REPORT TO THE PLANNING COMMISSION 412 N, Santa Anita Ave. Goldstein's Bagel'Bakery & Restaurant CUP 94-004, Resolution No, 1511 This item has been continued to the Commission's February 28th meeting. 6. CERTIFICATE OF COMPLIANCE 515 E, Wistaria Ave. and 1915S, Sixth Ave, Paul and Janice Herr. Darrel and Elaine Byerley The staff report was presented. MOTION It was moved by Commissioner Clark, seconded by Commissioner Murphy to approve the Certificate of Compliance, ROllCAll: AYES: NOES: Commissioners Bell, Clark, Huang. Klllemkiarian; Kovacic. Murphy. Daggett None 7. CERTIFICATE OF COMPLIANCE lots 4 & 6'of'Tract.42936 Charles Bluth The staff report was presented, MOTION It was moved by Commissioner Murphy, seconded by Commissioner Kalemkiarian to approve the Certificate of Compliance. ROll CAll: AYES: NOES: Commissioners Bell. Clark; Huang, Kalemkiarlan, Kovacic. Murphy, Daggett None 8. RESOLUTION NO. 1518 A resolution of the Planning Commission of the City of Arcadia, Califomia. granting an amendment to Resolution No. 582 to extend the hours of operation for a,nursery school at 151.1 S, Tenth Ave, Ms, Butler read the,tille of the resolution, Arcadia City Planning Commission 1/10/95 Page 11 . . . MOTION It was moved, by Commissioner Clark, seconded by Commissioner Huang to adopt Resolution No, 1518 to amending Resolution No, 582 to extend the hours of operation from 7:00 a,m, to 6:00 p,m, with two meetings per month .not to exceed 10:00 p:m, ROLL CALL: AYES: NOES: Commissioners Bell, Clark. Huang, Kalemkiarian. Kovacic, Murphy, Daggett None Chairman Daggett noted there is a five working appeaJ period after the adoption of the resolution, Appeals are to be filed by Jan. 17. MATTERS FROM CITY COUNCIL CITY COUNCIL REPORTS / ANNOUNCEMENTS / STATEMENTS Council, Member Kuhn wished everyone a Happy New Year, She indicated that the Council will be working on the new budget soon, and will be looking ata5 year plan. She announced that Neal Johnson, Chief of Police 'Will be retiring soon and announced the dates of the receptions in his honor. The ,City Is working towards hiring a new Chief, MATTERS FROM THE PLANNING COMMISSION REPORTS/ANNOUNCEMENTS/STATEMENTS Commissioner Clark said he read an article in the paper with Santa Anita Co, ,announcing a major change, Council Member Kuhn said Council is notaware of anything and no plans have been submitted or presented, Mr, Miller said if they file for something specific, hearings will be held before this body as well as the CO,uncil, MODIFiCATION COMMITTEE MEETING ACTIONS Commissioner Bell recapped the Modification Committee actions, MATTERS FROM STAFF Ms. Butler said she visited Albertson's on Live Oak and they anticipate opening next week. The shelves are already stocked, with the exception of perishables, 1 , CITY COUNCIL ACTIONS Ms, Butler gave a brief summary oftheactions taken at the City Council's last 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 10:45 p..nl) ./ , ? .---- .... "".'-) ". ing Commission Arcadia City Planning Commission 1/10/95 Page 12