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HomeMy WebLinkAboutNOVEMBER 12, 1997 ~ . MINUTES . Arcadia City Planning Commission Wednesday, November 12, 1997 7:15 p.m. in the Council Chamhers Planning Commission proceedings are tape-recorded and on file in the office of the Community Development.Division. PLEDGE OF ALLEGIANCE .. The Planning Commission of the City of Arcadia met in regular session on Wednesday, November 12, 1997 at 7:15 p.m. in the Council Chambers of the City of Arcadia, at 240 W.Huntington Drive with Chairman Pro Tem KaJemkiarian presiding. ROLL CALL: PRESENT:. ABSENT: Commissioners Bruckner, Huang, Sleeter, Kalemkiarian Commissioners Bell and Murphy MOTION It WlI$ moved by Commissioner Sleeter, seconded by Commissioner Huang to excuse Commissioners Bell and Murphy from tonight's meeting. The motion passed by voice vote with none dissenting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC BEARING MATTERS (5 MINUTE LIMIT PER PERSON) None MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Bruckner 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. OTHERS AlTENDING: Mayor Robert Harbicht Community. Development Administrator Donna Butler Associate Planner James Kasama Secretary Silva Vergel cminutell11297 . . 1. MINUTES of 10/28/97 MOTION It was .moved by Commissioner Sleeter, seconded by Commissioner Bruckner to approve the Minutes of October 2S1h . ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Bruckner, Huang,Kalemkiarian Murphy None Commissioners Bell and Murphy Commissioner ~n arrived at 7:20 p.rn. 2. CONTINUED PUBLIC BEARING CUP 94-006 16 E. Huntington Dr. Club 101 Sports Bar & Grille Consideration of revocation of the conditional use permit due to violations. The stilff report was presented. Staff indicated that no follo,w up inspections have been done. The public hearing was opened. VemonJolley, 17390'Mockingbird Canyon Rd., Riverside, the attorney for Mses. Zdara and Ferguson was present. He indicated that his clients have been in. compliance with the CUP since the inception. Inspections are usually conducted a couple of times a year and wheIiever a violation was discovered, they were quick to correct it. They have always run their establishment to be in full compliance with the CUP. The recent redevelopment in the area hurt many of the businesses there , and the applicants were forced to invest their own money. He remarked that the complaints thatthe city received are as a result of a civil dispute and. pointed out that his clients have always and promptly corrected any violations that were discovered. He hoped there should be an equitable resolution to this problem and asked that the Planning Commission not revoke their license. This is hard times and it is difficult for the applicants to operate a full menu. He asked that the Planning Conimission amend the hours of operation Monday through Friday to be open from 4:00 p.m. to 1:30 a.m. and on Saturdays and Sundays keep the existing hours. His clients have invested a lotoftime, effort and energy into their business and to revoke their license would be too harsh of a penalty. According to staff; most cities do not address the amount of food sales in their definition of a restaurant. It would be an injustice to single out the only city that has a definition (Anaheim) and to amend the code based on one city. The defmition is left up to interpretation. The City Arcadia city Planning Cormnissiou 2 11!12197 . . has Confirmed by way of their inspections for the past 3 years that his clients have been in compliance with the CUP and to. revoke the CUP now would be contradictory. Bill Connolly, 815 E. Camino Real, asked, that the Planning Commission not revoke the CUP. With all the budget problems that the City is having, he was upset that this business is under fire. He indicated that the previous restaUrant, stopped serving food at 10:00 p.rn. and a lot more questionable activity was taking place during their operation of the restaurant. He noted that Ms, Butler cited Moon Palace as the previous restaurant but failed to mention that The Love Boat was in operation before Club 101 and that there were many problems with that restaurant. He could not understand why the city would try to run a good business out of the area, especially after pouring so much money into the downtown. In his conversations with the, Police, they indicated that this business is one of the better ones in the City with minimum problems aSsociated with them. Chairman Pro Tem Kalemkiarian declared the. public hearing closed, since no one else wished to speak in favor of or in opposition to this item. Commissioner Bell was not against the amendment of hours. She suggested using the informationfrom other cities. like Anaheim's to come up with a defmition. Commissioner Sleeter also did not have objections tq revising the hours. He did not think that a text amendment defining a restaurant is lIIl appropriate discussion at this time. Would that be applied retroactively or would existing restaurants be grandfathered? He recommended that they sustain the CUP but amend the hours of operation. Chairman Pro Tem Kalemkiarian agreed and felt the applicants should be given the opportunity to remedy the situation. Mr. Miller said that staff would bring back a resolution for adoption at their next meeting. Ms. Butler said' that a public hearing would not be necessary because. they are not extending the hours. MOTION It was moved by Commissioner Sleeter,. seconded by Commissioner Bruckner to amend the CUP and the hours of operation to be from 4:30 p.m. to 2:00 am. on weekdays, and 10:00 am. to 2:00 a.m., on weekends and holidays, and it is required that the kitchen be fully operational with a full menu available from 5:30 p.m. to 1:00 am. on weekdays, and 11:30 a.m. to 1:00 a.m. on weekends and holidays. These hours of operation are subject to reevaluation by the Planning Commission. ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Bruckner, Huang, Sleeier, Kalemkiarian None Commissioner Murphy Arcadia City Planning Commission 3 11112197 . . 3. PUBLIC BEARING CUP 97-012 NW comer of Santa Clara an N. Fifth Ave. Integrated Circuit Development Corp. Consideration of a conditional use permit for an 18,000 sq. ft. research and development office and warehouse building in the CPD-l zone: The staff report was presented and the public hearing was opened. Robert RiCciardi, 75-090 St Charles PI., Palm Desert, the architect of the project was present Hesaid the property owner will occupy the building and this location wilrbe the headqu.arters for his company. Their office hours will be from 8;00 am. to 4:30 p,m. There will be no night shifts although on occasion they might work on a Saturday. All storage of merchandise will be inside the building. There is plenty oflandscaping and he described the materials that will be. used. There will be approximately 27 employees. He. explained the location of the loading dock and how trucks would access it Most deliveries will be by UPS and noted that they comply with all of ADA requirements. In reply to a question by the Commission, Mr. Ricciardi said that the Development Services Department has had no objections with the two curb cuts and their proximity to each other. Chairman Pro TemKalemkiarian declared the public hearing closed, since no one else wished to speak in favor of or in opposition to this item. . Commissioner Bruckner was pleast;:d t() see that this business would bring more people into the downtown. area. He thought it was great that the building would be oWner occupied and that it would be the company's headquarters. The owner has made a sizeable investment and felt this would give the area the vitality that it needs, Commissioner Sleeter agreed and was happy to see an area that has been in blight improved. MOTION It was moved'by Commissioner Bruckner, seconded by Commissioner Bell to approve CUP 97- 012 subject to the'conditions in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Bruckner, Huang, Sleeter, Kalemkiarian None Commissioner Murphy Chairman Pro Tem Kalemkiarian noted that there is a five working day appeal period after the adoption of the resolution. The resolution will be adopted tonight. Appeals are to be filed by Wednesday, November 19, 1997. Aicadia city Planning Co!JUl1issio~ 4 11112197 . . 4. PUBLIC HEARING TPM 97-009 20-26 La Porte St. & 15-21 Flower St. Carl Reinhardt Consideration of a tentative parcel map for lot line adjustments and Certificates of Compliance to reconfigure and consolidate three industrial properties. The staff report was presented. In reply to a question by the Commission, staff said that this would not affect on existing business or result in any setback violations. The public hearing was opened. Ed Eckert, Gilbert Engineering, 3820 E. Colorado Blvd., Pasadena, said that he is the engineer of the project. He contacted the owner who resides in Oregon and went over the conditions with him and he was in agreement. With the exception of the removal of one structure that is not in compliance, the owner does not intend to change the existing businesses or buildings. Chairman Pro Tem Kalemkiarian declared the public hearing closed, since no one else wished to speak in favor of or in opposition to this item. MOTION It was moved by Commissioner Sleeter, seconded by Commissioner Bruckner to approve TPM 97-009 subject to the conditions.in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Bell, Bruckner, Huang, Sleeter, Kalemkiarian None Com.missionerMurphy Chairman Pro Tem Kalemkiariannoted that there is a ten-day appeal period. Appeals are to be filed by Thursday, November.21, 1997. NON PUBLIC HEARING ITEMS MATI'ERS FROM OTY COUNCIL Because Mayor Hatbicht had to leave, this item was moved on the agenda. Mayor Hatbicht discussed the recent developments in the City including the two hotel sites at the northwest comer of Huntington Dr. and Second 'Ave. The City would benefit from the bed tax generated by these two new hotels. He discussed the article in the newspaper regarding the letter from management employees. An:adiA. City Planning ~mrriission s 11/12197 . . He traveled to Washington D.C. to lobby for grant funds for the upgrade of the City's reservoirs. He briefly explained the program and said there were representatives from 5 cities in Southern California who were trying to take advantage from this program. They will know in spring jfthey were successful in their attempt. He invited the Planning Commission to attend the City Council's December 2nd meeting at which time the City Council will formally thank the Planning Commission for all their time and effort. In the past; there was a dinner that was held annually to recognize the various commissions of the City, but due to budget problems this event was eliminated. In answer to Commissioner Bruckner's comments, the Mayor said that he received a call from Chairman Murphy who expressed concems over the elimination ofa Code Services Officer position and he explained to him that although this is an important position, it is not as important as Police or Fire. Hopefully, in a couple of years they will be able to reinstate this position, once the City's budget is in a better shape. He remarked that none of the cuts that were made were easy and agreed that Code Services Officer is an important position. 5. RESOLUTION NO. 1554 A resolution of the Planning Commission of the City of Arcadia, California, recommending to the City Council approval of CUP 97-010 to permit a 1,250 sq. ft. coffee shop at 300 E. Huntington Dr. and that City Council ResOlution No. 5509 be repealed. AASOLUTIONNO. 1~5S A resolution of the Planning Commission of the City of Arcadia, California, approving CUP 97- 011 to permit a 1,900 sq. ft. delicatessen with indoor and outdoor seating at 206 S. Erst Ave. RESOLUTION NO. 1556 A resolution of the Planning' Corn mission of the City of Arcadia, California, approving CUP 97- 012 to permit an 18,000 sq. ft. research and development building at the northwest corner of Santa Clara St. and Fifth Ave. Ms. Butletread the titles of the resolutions. MOTION It was moved by Conurtissionet Sleeter, seconded 'by Commissioner Huang to adopt Resolutions 1554, 1555 and 1556 and to formally affirm the decisions of October 28th and November 12th and the votes thereon. ROLL CALL: AYES: }'lOES: ABSENT: Commissioners Bell, Bruckner, Huang, Sleeter, Kalemkiarian None Commission Murphy Ncadia city JJtanning Commission 6 11112/97 . . Chairman Pro Tern Kalemkiarian noted that there is afive working day appeal period. Appeals are to be filed by Wednesday, November 19, 1997. The meeting was moved to the Conference Room of the Council Chambers. 6. TOPICS FOR DISCUSSION: A. Signs, banners outdoor displays The staff'report was presented. Ms. Butler indicated that staff is in favor of allowing more. flexibility in the signage regulations. Portable Signs The Planning Commission felt that as long as the signs were professionally done A-frames are acceptable. The ABA was in favor of keeping the A-frame style advertising boards. Commissioner Sleeter wondered who is targeted when ail A-frame sign is used beca:use a2'x3' A-frame is too small to catch vehicular traffic attention. He asked if staff could review the signs and if there would be a fee for the review? Ms. Butler replied that all signs go through ADR, there is a deposit of $45 and she explained the process. The same could be applied to these and the fee could be reduced. Garland Roberson, Sullivan Paints, 134E. Huntington Dr., President of the ABA suggested streamlining the, process to make it easier. Ms..Butler said that the sign could be drawn or a color photo of the sign could be taken for review. Alan Yack, Ralph's Florist, 109 S. First Ave., asked if one sign person eQuId be designated by the City so he would be knowledgeable of the codes, requirements and procedures? Commissioner Bruckner explained that although the ABA and merchants could designate one or two sign companies'to prepare these signs as approved contractors, the City would be unable to single out one contractor.. Chairman Pro rem kalemkiarian was in favor of being more flexible regarding portable signs. He thought that A-frame.signs shouJdbe permitted and there should be staff review with an appropriate fee. Commissioner Sleeter felt that 4' is acceptable. Window Signs Arcadia City Planning,Commission 7 11112197 . . Ms. Butler explained the regulations for windows signs. She indicated that there are several businesses that exceed the window sign requirements and was concerned with signs that are affixed to the window on a permanent basis. Mr. Roberson remarked that he noted that both the VCR repair shop and the bike shops on Huntington Dr. were contacted about their window sign violation. The owner of the bike shop noticed a decline in business after removing the signs. Ms. Butler said that he did not have to remove all his signs. Code allows 25% window coverage. At the present time, a business can exceed the 25% requirement for a maximum of 30 cumulative days per year with a permit Staff recommends that be increased to 60 days. Lighted signs are permitted not to exceed a 10% windowcovei"age. The Planning. Commission was in favor of increasing that to 60 days. Banners Chairman Pro Tem Kalemkiarian was concemed with banners that are hung below awnings and stated that he has been hiton the head because they hang very low. Commissioner Sleeter did not think that banners are attractive when they hang below 7'. He felt that there. should be a height limitation. Ms. Butler said a 7' dearance is required for anything over the public right-of-way. Mr. Roberson remarked that the 7' requirement would not be possible with some of the existing awmngs. Ms. Butler explained the bannenequirementsc She indicated that there'is .no fee for this permit Staff recommends that the time requirement be changed from 30 to 60 ~mulativedays. Commissioner Sleeter asked if they should require that 30 of the 60 days must be continuous? Ms. Butler explained that some businesses choose to put up their banners on weekends only and it would be difficult to 'monitor. Discussion ensued regarding decorative flags. Ms. Butler said that as long as flags do not contain commercial messages'there would be no problems of having up to two flags. ThePianning Commission concurred with the idea of allowing a maximum of two decorative flags. Outdoor Displays Ms. Butler remarked that defining what.is appropriate is subjective. She remarked that in San Dimas businesses display antique items. Arcadia city Pilmning Commission 8 11/1Z/97 . . Mr. Roberson said the ABA would like to have outdoor displays but felt what is permitted should be clearly defined. Chairman Pro Tem Kalemkiarian recommended that sale racks should be prohibited. Items that are displayed should be creative and interesting. Ms. Butler said that is difficult to define. Staff would not want to see hair spray; electronic merchandise or items like that to be displayed outsIde. Mr. Roberson said that Barbara's Beauty Salon has an interesting and creative outdoor display. IUs an antique barber chair with a white dress and a hat. He felt that 100+ years for antique stores is too restrictive. Mr. Miller said the intent is to legalize the use of outdoor displays and to liberalize the regulations. If problems arise, the code could be amended. Sometimes.it is hard to define and visualize what would be appropriate until it is seen. It was recommended that the ABA help monitor and police outdoor displays, Le. if someone displays something that is out of character, the ABA would approach the business and discuss the matter. Ms. Butler said that what is approved would apply to the rest of the City. The ABA could help with.the implementation of outdoor displays and help with making sure that businesses have tasteful displays. The purpose of outdoor displays should be to get attention. She indicated that in regard to 100+ years the code actually says 75% of merchandise must be 100+ years old and staff does not formally visit antique stores to ensure compliance, but just wants to make sure these businesses are not turned into thrift. stores. Commissioner Huang.did not want to require a CUP for display of outdoor merchandise. Commissioner Bruckner was concerned that a business could display something that IS less than desirable and that could ruin it for the other businesses. Jerry MaScott, said that displays should be. interesting and that.means changing them occasionally. The original intent of the 100+ years'was to stop the sale of used furniture. Commissioner Sleeter said different associations set time limits deteIinining when certain items are considered to be antiques. For example, in California automobiles are considered to be antiques after 30 years. Different types of collectibles have different thresholds. He felt a more flexible language. should be used to deal with the variances. Bill Connolly, 815 E. Camino Real felt there should be no outside pricing. Ms. Butler said outdoor displays should be merchandise that is not typically for sale. There is a separate permit for "sidewalk sale" which allows someone to sell merchandise. It was agreed that "outdoor displays" should be allowed, but should not include the sale of merchandise. Slides were shown of the various businesses and signs in the downtown area. Arcadia CiIy PJanning Commission 9 11112197 . . Promotional Devices Ms. Butler discussed this item and said that>the CBD and other commercial zones do not allow for any sort of "promotional devices" to be displayed such as balloons, pennants, flags or other similar attention getting devices. The CBD guidelines establish standards for promotional devices that are listed in the staff report and she felt these guidelines should be followed whenever promotional devices are used and be incorporated into,the zoning regulations, if they are determined to be appropriate. Commissioner Bell liked San Marino's approach and said it is in.good taste. Commissioner Bruckner feltthat flags and temporary banners are. acceptable but pennants are not. The ABA was in favor'ofballoons. Chairman Pro Tem Kalemkiarian agreed and Commissioner Sleeter said they should put in the code what is not acceptable. Commissioner Bruckner-suggested that staff. forward the Planning Commission's. recommendation to the ABA and to the Planning Commission prior to forwarding it to the City Council. MATTERS FROM PLANNING COMMISSON None MODIFICA nON COMMITTEE MEETING ACTIONS Since there were no applications filed, there was .no Modification Committee meeting. MATTERS FROM STAFF 1. CITY COUNCIL ACTONS 2. UPCOMING AGENDA ITEMS 3. The Planning Commission's December 23rd meeting. Ms. Butler discussed'upcoming projects. The Planning'Commission was in favor of not having the second meeting in December. ADJOURNMENT 930p.~ ~ ~ . ') ~ Ai<>du P . g Comm;,,;oo Arcadia City Plilnning Commis;sion 10 11112197