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HomeMy WebLinkAboutJANUARY 9, 2001 . . (it MINUTES Arcadia City Planning Commission , Tnesday, January 9, 2001 7:15 p.m. in tbe Council,Cbambers 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 Tuesday, January 9, 2001 at 7:15 p:m. in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Murphy presiding. ROLLCALL: PRESENT: Commissioners Bruckner, Huang, Kalemkiarian, Olson, Murphy ABSENT: None OTHERS ATTENDING Council Member Sheng Charig Community Development AdrninistratocDonna Butler City Attorney Stephen Deitsch Assistant Planner Candyce Burnett Assistant Planner Kenneth Phung Secretary Silva Vergel SUPPLEMENT AL INFORMATION FROM STAFF REGARDING AGENDA ITEMS ' Ms. Butler said that additional letters and information were distributed with regard to CUP 00-017. Chairman Murphy announced that based on the number of people in attendance, the Planning Commission will rearrange the agenda and place item no. 4 as the last public hearing on the agenda. MOTION It was moved by Commissioner Bruckner, seconded by Commissioner Huang to read all resolutions by title only and waive reading the fully body of the resolution. The motion passed 'by voice vote with. none dissenting. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS (5 MINUTE LIMIT PER PERSON) None . . 1. MINUTES of12/12/00 MOTION It was moved by Commissioner Bruckner, seconded by Commissioner Olson to approve the Minutes of December 12th as published. ROLL CALL: AYES: NOES: ABSTAIN: Commissioner Bruckner, Huang, Olson, Murphy None Commissioner Kalemkiarian 2. CONTINUED PUBLIC HEARING MP 00-033 & ADR 00-038 318,Diamond Ave. Josephine & Gilbert Berumen Consideration of modificationS for a proposed second dwelling unit on a R-2 lot which is currently developed with one single-fami1ydwelling. The staffreport was presented and the public hearing was opened. Genevieve Valiquette, 318 Diamond, said she was speaking on behalf of her parents. This is their dream home. They have tried to meet code requirements but the lot is too small. If they had hindsight they would have purchased a larger lot. Many of the lots in this area are this size and have similar type driveways. This would be an improvement of the lot. They can amend the colors. In response to a question by Commissioner Huang, she said that they could plant vines that would grow on the wall to so flen its affects. No one else spoke in favor of or in opposition to this item Chairman Murphy closed the public hearing. MOTION It was moved by CommisSioner Kalemkiarian, seconded by Commissioner Bruckner to approve MP 00-033 & ADR 00-038 subject to the conditions listed in the staff report with the additional condition that some type ofa vine be planted along the property wall adjacent to the driveway. ROLL CALL: AYES: NOES: Commissioner Bruckner, Huang, Kalemkiarian, Olson, Murphy None Chairman Murphy noted that there is a five working day appeal period. Appeals are to be filed by January 17, 2001. Arcadia,City Planning'Commission 2 119/01 . . 3. PUBLIC HEARING TM 53264 1020-6 S. First Ave. Hank Jong Consideration of a tentative map for a 6-unit detached condominium project. THISAPPLICATION WAS WITHDRAWN BY THE APPLICANT 4. PUBLIC HEARING MP 00-034 & ADR 00-047 18 E. Alice Ave. Sanyao Int'! Consideration of a modifications for a 2-unit residential condominium project. The staff rcport wasprcscntcd and the public hearing was opened. No one spoke in favor of or in opposition to this item. Chairman Murphy closed the public hearing. In answer to a question by Commissioner Kalernkiarian, staff said that the applicant would use copper roofing as an architectural feature on the units, not on. the entire roof. Commissioner Bruckner thought that this is a nice and different plan and encouraged this level of development. Commissioner Huang was pleased that the garage was not facing the street. MOTION It was moved by Commissioner Bruckner, seconded by Commissioner Huang to approveMP 00- 034 & ADR 00-047 subject to the conditionS in the staff report. ROLLCALL: AYES: NOES: Commissioner Bruckner, Huang, Kalernkiarian, Olson, Murphy None Chairman Murphy noted that there is a five working day appeal period. Appeals are to be filed by January 17, 2001. .Arcadia City Planning Commission '3 \/9/l)\ . . 5. PUBLIC HEARING CUP 01-001 1023 S. Baldwin Ave. Margaret Wong Consideration of a conditional use permit to operate a 2,300 sq. ft. computer consulting business with computer video games available from 5:00 p.rn. to 1:00 arn., 7-days a week. The staff report was presented. Staff indicated that the Police Dept. did not review the project. The requested modification for the 10 spaces isa result of the video game portion of the use. If this were just a computer store it would not require a parking modification, because it would be considered a retail use. Many 0 f the stores in the center are closed by 7:00 p.rn. Although a parking survey was not done for this project, one was conducted recently when the CUP for the proposed bar was filed. That survey indicated that there is ample on-site parking. The requested modification for the 10 parking spaces is for the computer game portion of the proposed use, whichwill occur after 5:00 p.m. Commissioner Olson asked if there would be a bike rack and where it would be located? Staff said that the bike rack location would be subject to staff's review and approval. Ms. Butler said the applicant did not provide milch information on the site plan. The parking requirement for an arcade is higher thana retail type ofa use. She said they have not had problems with the only other arcade in the City, which is located at the comer of Duarte Rd. and Second Ave. Commissioner Bruckner did not want to put an additional burden on the City's Code Enforcement officers to monitor and police these types of uses. Staff indicated that there was no opposition by the other tenants in the center, in fact, the other tenants have signed a letter giving their approval of the proposed use. He did not think there was a parking problem at this site. The most congestion is in front of the fust food establishment. The public hearing was'opened. D. Lee, 460 W. Camino Real, expressed concern with the late hours that this establishment would be open and feared that it would invite gang activity. . No one else spoke in favor of or in opposition to this item. Chairman Murphy closed the public hearing. Commissioner Kalemkiatian asked what the hours of operation were for the existing arcade in the City? He thought that 1:00 a,rn. is too late. Chairman Murphy re-opened the public hearing when the applicants arrived. Stephen Raby, 848 W. Huntington Dr., said most of their customers'aretheir friends. They already have a steady clientele from their previous location which was at ,909 S. Santa Anita. They do not have gang Arcadia City Planning Commission 4 119/01 . . activity there. They offer a full range of video garnes. During the day they plan on offering the retail sale of computer hardware and software and in the evenings offer video garnes; They would not be like a Comp USA or a large warehouse type of an establishment. In some cities these types of establishments are allowed to stay open until 4:00 a.m. In Los Angeles similar businesses can be open 24 hours. There may be on site vending machines but no preparation of food. Because there is no space outside, they will'be putting a bike rack immediately inside the doorway. Margaret Wong, 2211 S. Eight, said that no one under the age of 18 would be allowed there after 10:00 p.m. They have 4 computers that would be operational. Their computers are much faster than home computers. This would be where students could congregate. All their computers are 'networked. She noted that the bar in the center would be open until 2:00 a.m. Chainnan Murphy closed the hearing. Commissioner Kalemkiarian said that based on the testimony he was satisfied that this would be an acceptable use. He suggested that the City take a look at an internet cafe designation in the code. He felt there would be more of these types of uses. Chainnan Murphy had no problems with this use or the hours after the applicant's explanation. He was however concerned that there was not a parking survey .done. It is difficult to make an assessment without a parking survey. He felt this parking modification is very close to crossing the line of what is adeq\ll1te. Ms. Butler remarked that this center would never be able to accomodate more parking. At one time there were three food facilities including a bar all of which, are intense uses. If customers cannot find parking, they will not visit these businesses. Some centers are just substandard and there is no easy way of improving them. Staff feels that. if the use is a good viable use then there sh.ould not be any problems. Commissioner Huang felt comfortable with the use. The video portion is scheduled to be open when the other businesses are closed. This is a good use for an otherwise difficult corner. MOTION It was moved by Commissioner Huang, seconded by Commissioner Kalemkiarian to approve CUP 01-001 and adopt Resolution No. 1629 subjectto the conditions in the staff report. ROLL CALL: AYES: NOES: Commissioner Bruckner, Huang, Kalemkiarian, Olson, Murphy None Chairman Murphy noted that there is a five working day appeal period after the adoption of the resolution. Appeals are to be filed by Janliary 17, 2001. Areadia City PlaltDing COmnrissio,n 5 1/9/01 . . 6. PUBLIC HEARING CUP 00"017 500 S. First Ave. Jim Larking Consideration of a conditional use permit to construct and operate a 3,949 sq. ft. two-story mixed-use crematory facility with the second floor being utilized as an apartment unit for an employee, in conjunction with the existing mortuary. Mr. Deitsch explained the duties of the Planning Commission. The City Council or Planning Commission cannot predetermine or prejudge'anymalter prior to hearing and considering all testimony. Ms. Butler mentioned that Jay Horton from the AUSD is present to observe the hearing. The staff report was presented. Staffsaid tbe applicants expect to, have 2-3 cremations a week. Staff is recommending a maximum of2- 3 cremations a day to allow flexibility. Ms. Butler said there are no other crematories in the city, There is one in Monrovia. The public hearing was opened. Terry Harmon, 506 S. First Ave. said this has been a family owned funeral home for over 60 years. They care l'lbout the community. So much so, that at their expense they landscaped EI Loco which is located acrpss the. street. They want to be able to serve their families. There is,a crematory facility in Altadena, wliich has an older unit. He has operated the proposed crematory unit at his previous employment. There will be a thorough maintenance program for these units. They will have continued training that is required to operate this machine. They will be obtaining the necessary licenses from the AQMD and State Board of Consumer Affairs. There are unannounced inspections by the permitting agencies to ensure compliance. His family currently resides on the site. He would not put himself, his wife, and especially his grandchild in jeopardy if he truly felt they would be in any danger from the crematory operation. The equipment will be within the new building. No one will even know that it is there. Sonie have expressed concerns with pace makers or implants. Law states that all pace makers and implants must be removed prior to cremation. Family members must sign off before they can proceed with the cremation process. The human body is comprised of 80% water so most of it is evaporated. He was shocked at the amount of people in attend3nce at tonight's hearing. This is a difficult business to be in. Jim Larkin, 500 S, First, partner and owner of the funeral home. He said that most crematories are located in dense neighborhoods. He said that he went before a similar board 16 years ago in Iowa. The residents there were against a crematory facility. After 2 public hearings they were approved by the County. He visited this location recently and the ,same residents who objected to their request said that the crematorium was not a problem Two of the neighbors who had the most objections wanted to write letters apologizing for the probleDlS that they had caused. At the crematory location in Iowa the nearest neighbor is 10' away. The concerns that will be raised tonight are from people who are not familiar with crematories. They have concrete proof from one establishment that they set up 16 years ago. There js history there that indicates there have been no probleDlS. ArCadia City Plarming Commission 6 1/9/01 . . Steve Talley, PO Box 547796, Orlando, Florida, said his company manufactures the proposed equipment that the applicant will be using. He gave a brief background of their company. The problems that were cited in several of the articles that were distributed took place in Lakewood, Colorado. The subject equipment at this site was not one of their machines. He described the various chambers of the equipment and how the unit works. The equipment in Lakewood did not have the same type of technology as their machine. Their equipment has a pollution monitoring system. Each and every installation and. unit is permitted. They have to go through the proper environmental authorities. He said they have distributed tests that have been conducted on their equipment. There are no visible emissions or objectionable odors connected with their equipment. They are the largest manufucturer of crematory equipment, over 70% of their units are installed in funeral homes. When a death occurs a family is already going through a difficult time and tbey rely on the funeral director to provide this type of service. It is a lot easier dealing with one person than having to go through several different people. It is just a matter of providing service. He noted that the funeral home anticipates 2-3 cremations a week. Each takes about 2 hours. Therefore, for the majority of time the equipment will be idle. AQMD will review and approve these units. He said that they have also included a Negative Declaration done from another City thatstates there are no impacts. Chairman Murphy asked what, fa:ilsafe apparatus does their equipment have? unannounced inspections? Would there be Mr. Talley said that once the equipment is operating nothing can go wrong or fail with the machine. If it is a faulty burner the equipment will not turn on. This.funerai home will only be purchasing one machine. There are two different agencies that would monitor them. AQMD would be one agency arid the other the Department of Consumer Affairs located in Sacramento. Both agencies will conduct' surprise inspections in addition to their regular annual inspections. In their inspections, they'll be looking to ensure that the crematories operating within their guidelines and how human remains are handled, cleanliness of the chamber and the facility. In response to a question by Commissioner KalemIdarian, Mr. Larkin said that currently they take the deceased to Grandview in Glendale for cremation. Embalming is done on-site. The L.A. Coroner does autopsies. Their families are displeased when the deceased has to be transported to Glendale for cremation. He thoroughly explained the process they go through when someone passes away, The State Board of Consumer Mfairs issues an annual 'license. The families of the majority ofpersons cremated hold memorial services in their home. Some'will use their facility tor that., For peace ofmind, some want to witness the cremation and that is the purpose of the view rooms. He said that last year out of 200 deaths, handle<i at,their facility, 30% or approximately 60 were cremations. Most cremations do not involve services at the funeral home. He thought that their business would undoubtedly increase but he did not foresee any congestion or parking problems. He guessed that they lost about 40-50 fumilies last year because they did not offer crematory service. He indicated that they sent a.letter to persons on the same mailing list that was submitted to the City regarding the expansion of their business with a crematory use. Not one person contacted them. In response to a question by the Planning Corrunission, Mr. Talley said the families must sign off and permit them to remove all pace makers prior to any cremation. Even if one was left in the body, there would. be no health danger. He did not see any concern with that. The permits that they would be required to obtain are geared toward the efficiency of the fuciliiy and the equipment. Currently, their equipment is the most efficient in the market. Each machine is approximately $80,000. Their equipment was tested by an outside source and was found to be very safe. He said they have distributed a copy of said test. The EP A is currently trying to set up guidelines and a set of government standards Arcadia City Planning Commission 7 119/01 . . that are applied across the board. Each state can then adopt their own standards, as long they are equivalent or more stringent. The following Dersons snoke in oDposition to this item: Tommy Ho, 612 E. Nonnan, said he was concerned with the proposed CUP. He said similar requests were denied by the cities of Alhambra and Rosemead. A crematory would not hea positive addition to the City. He urged the Planning Commission to deny this request. John Ma, 123 EI Dorado, said his home is 200' from the subject site. He will he one of the major victims. He is the organizer of~Say No to Crematories", He only had a couple of days to assemble this group. Could you imagine how many people he could gather if he had more time? Based on the number of people in attendance, Arcadians do not want this in their City. If approved, it will seta precedent. Arcadia will then become known as ~The City of Crematoriums". This type of a business will destroy property values and affect other businesses in the City. There is a crematory in the area, why do they need to have another one? If they had 3 cremations a day that would be well over 900 a year. He asked the Planning Commission to think about the consequences, Even a dryer needs ventilation. Ram Kumar, 49 Fano., was surprised that there were three separate hearings and they had not received notification on any of them. Ms. Butler explained the public hearing notice procedure. The notices were for a text amendment to amend the. code. The City's Municipal Code only requires publication of the notice in the local paper. Public hearing notices are not mailed out. Notices are sent out to property owners on applications , which involve a particular piece of property Mr. Kwnar said that he distributed the article regarding Lakewood. Mr. Talley is unaware of what would happen if the equipment malfunctioned, He read excerpts from the article. The equipment in Lakewoodwas installed in 1998. It was notan old unit. Local residents complained of ashes appearing on the cars and a constant foul odor. The federal and state agencies have set standards for truck and diesel emissions. There is a problem of perception when discussing human waste. Brian Weinberg, 1 J.34 Greenfield Ave., stated that as a resident of the City and a fellow congregate at the Congregation Shaarei Torah, he was appalled that this request was even being consii:lered. Although cremation has gained acceptance in some. faiths, they are vehemently against, it. They feel there are other alternatives burial. He asked the Planning Commission to show sensitivity to them. If they are allowed to operate this facility, it will bring back nightmarish memories to some of their members and stir up had memories. Glenda Buntaine, 2535 Louise, was against the proposal from a pollution standpoint, which the SGV does not need any more of. In addition, this site is too close to First Ave. Middle School. They cannot take that kind of a risk. Sherry Wang, III W. Foothill, questioned the property values and the housing where Mr. Larkin put up his fITS! crematory 16 years ago. There are 13 mortuaries in the SGV, 3 of which have on-site crematory. All three are located on large parcels of1andand are located in remote areas. The other 10 have chapels but not burial grounds. She could not see any need for this in Arcadia. The many residents should not suffer from one. business. They found out about this only 2 days ago and in that short span of Arcadia City Planning Commission 8 119/01 . . time were able to get signatures from 500 residents against the proposal. The residents are furious. A 300' radius is not nearly enough. How'dare them put their children's heahh in jeopardy. They will be breathing it in daily. If approved, the residents will dump their properties. Everyone will pull his or her kids out of First Ave. Middle School. Businesses and factories would then move in. The city residents trust the Planning Commission to keep this out of Arcadia. John Brown, 76 W. Wistaria, moved here because he felt it was a safe city. He was disappointed with what th,e equipment manufacturer had to say. He appeared to be making fun of people's concerns. He was unable to answer the Planning Commission's question with regard to product failure. He was clearly unprepared. The equipment does emit emissions. There are certain gases that are given off which would dissipate in a 600' radius. There are residential properties within 10' of the subject property. A300' radius is not a large enough radius for public notification. When a corpse is burned it emits bio-hazardous waste. There is no needJor this in Arcadia. There is one in Duarte: The applicant did not submit this incinerator's pollutants. This product emits pollutants such as dioxins, mercury and zinc. Mercury is poisonous. It can impair vision and hearing. Tests have indicated that crematory workers have higher amounts of mercury in their hair. Dioxins affect the reproductive system and can cause cancer. The applicant states that there would be no smoke or odors. Then why wOLild the residents in the San Jose area report smoke and odor from a neighboring crematory? Studies have shoWli that in many cases indeed there is smoke and a noxious odor - enough to be concerned about. The manufacturer stated that they are still working on standards. But he failed to mention what their plan would be if the equipment failed. This is a serious concern. What are the business practices in this field? There is absolutely no need for this in the community. John Wuo, 135 Alta, #B, had major concerns with the crematory. Arcadia is a community of homes. The Planning Commission needs to look alnot only the property rights of the neighbors but their health and safety. The applicant did not convince bim,that the product is safe, especially because'no standards have been established. As mentioned by a previous speaker, there are 13 mortuaries in the area and only J have cremation facilities. Clearly there is no need for another. Kay Tseng, 1728 N. Santa Anita, said this would be environmentally hazardous for all who live within a mile radius. She was concerned with the health of the children who would be going to the nearby school. This unhealthy air will deteriorate their physical condition. This will tarnish the City's image. Rulong Chen, 119 El Dorado, #A,said he resides directly across the street from this site. He was not satisfied with the tests that have been conducted and fei!. the tests were done on crematories that are located in.remote areas. The Government's result.arenot.due until 2005 because these tests are very time consuming and costly. There are no federal regulations and as a result the City is charged with imposing regulations. With regard to someone living on site, he said that to the best of his knowledge no one residenhere. The lights are mostly off. The subject unit is not occupied. He knows because he lives right across the street. A study has shown that in England childhood cancer is more around a crematory. He reviewed the CUP application and they have answered "no~' to all the questions. He could not believe that no gllSesare emitted from the equipment. Shone Wong, 111 W. Foothill, said that someday this equipment will be as safe to use as a microwave but the issue tonight is whether this crematory should be allowed in this densely populated area not to mention its proximity to the area schools. The only way the Planning Commission should approve this would be if they could determine "beyond reasonable doubt" that the equipment is safe. Arcadia City Planning Commission 9 119/01 . . Suzane Li, 240 W. Norman, said that as a parent whose kids are attending the nearby schooL she was conceined with hazardous emissions. This site is less than 1/10 ofa mile from the school. She did not want to subject her children and the other kids to this health hazard. This is unacceptable. The EIR should be amended and their PT A should have ample time to review the document. Jasmine, 72 W. Winnie Way, said she is a student who attends First Ave. Middle School. This facility will emit hazardous gases like mercury and dioxins that they will be breathing. Dioxins are poisonous, and cancer causing. Vanessa Moy, 2118 S. Baldwin Ave., said she is another student who attends First Ave. Middle School. If they are allowed to build this, the parents will take their kids out of the schooL and then the teachers will be unemployed. The deadly gases will affect the students. Stephen Young, 150 Diamond, was seriously concerned with this CUP. Traffic will be increased while they are under construction. Traffic will increase as a result of this business. There is already a parking deficiency in the area. Any large service will create a traffic nightmare. EI Dorado is a narrow street. Many times they have observed visitorS who are wearing black outside of the facility instead of inside and this is disturbing. This is an inconvenience to the neighbors. PeiPei Hsen, 600 S. First Ave. and owner of 108-110 Fano, said that a few years ago the City spent a lot of money to improve First Ave. and increase business. The proposal would work directly against that effort. Her tenants have already said they would leave. The vacancy rate would soar in the area. Hsien Jung Chen, 38 Diamond, said this is not just smoke emitting, from a fireplace. This is serious. They,are talking about microscopic emissions. He was concerned about the pollutants created from this. Chengdong Huang, 148 Diamond, said that he is a scientist currently working on cancer study at USC. They have found that cremation is one major source of pollution. Dioxins are emitted from cremations. These are carcinogenic and cause cancer. They have been found to cause learning disorders. Dioxins do not dissipate. The cumulative impact of cremations daily will be passed on through to the next generation. Can anyone afford that typeofa responsibility? Jason Huang, 119 Et Dorado, #A, said he studied hazardous waste incineration in UCLA The heavy metals and gas emiuedare much more dangerous'than emissions from a fireplace. It is noUbe quantity of the emissions but the content. There are mercury and dioxins created by cremations: He felt that staff's EIR Checklist is inaccurate because it was based upon false information provided by the applicant. The City will not be served better just because this business will be here. There are many other people who are against this but are unable to come in to voice their opinions. He was concerned with the number of cremations allowed per day, which could be over 1000 a year. This will damage Arcildia's reputation asa "Community of Homes". There would definitely be a negative impact on property values. Can the City afford the loss of revenues from property taxes? Traffic is also an important component that should be addressed. Gloria Cammayo, 1432 S. Third and owner of 159Et Dorado, said her parents reside near this facility. She did 'not want to shorten their lives and put their health at danger. They did not receive any letters from the applicant. Eduardo Cammayo, 1432 S. Third, said his in-laws reside at 149 El Dorado. He has witnessed a child who almost was hit by a car. There are many children in the area who ride around on their bikes and Arcadia City Planning COIl1l1riSSiOD 10 1/9/01 . . scooters. There is defInitely a safety issue. Schools are near this facility. There is no comparison with the facility that Mr. Larkin discussed which was established 16 years ago and the subject site. Arcadia is a much more densely'populated area David Lee, 630 W. Huntington Dr., said his 14-year-old daughter had heard about this and questioned him. He was unsure of how to put her at ease. He did,not have a good answer to give her. She was scared. In rebuttal, Mr. Larkin said that they would not be providing cremation services for hospitals but for families. As mentioned earlier, the residents of the crematory that he helped set up 16 years ago now feel that their fears were misplaced and had no basis or foundation. Mr. Talley said they are not dealing with heavy metals or hazardous waste. Their levels of emissions are well below requirements. Their equipment is as safe as it will ever get. Dioxins and the mentioned byproducts are created from industrial uses and plastics. They are not dealing with that. The small traces of gases that are given off are from chlorine contained in the body. This is monitored and regulated as part of the permit process. The amounts of emissions are negligible; Their process is completely different than whendea1ing with hazardous waste. The negative affects on property values have never been proven. He understood the residents' concerns but these types offacilities are located near very expensive homes in Orlando. The tests that were cited were conducted on old equipment. Their equipment is state of the art. A study by the EPA based on,nationwide totals of mercury used in dental office found that there are 3.5 times more dangers in dental offices than in crematories. Standards already exist. ' What the government is trying to do is to set one set of guidelines for all to use. Chairman Murphy felt uneasy about the possible failure of the equipment. Mr. Talley responded that their service technicians are located in close proxitnity to the City. No one else spoke in favor of or in opposition tOlhis,itern. Chairman Murphy closed the public hearing. Mr. Deitsch explained that the documents that have been mentioned are part of the file. The Planning Commission would need to make certain that the applicant complies with all 5 of the prerequisites for approval There must be factual findings in support of each of these 5 items. If the Planning Commission decides to deny, they must be specific of their actions and must make specific findings. Commissioner Huang said this is an emotional issue. There is fear involved. Based on the testimony it appears that many of the speakers conducted extensive research and found the applicant to be unconvincing. The location is the main issue. They are located too close to the school and would be in a densely populated neighborhood. There seems to be parking and traffic concerns. He said they have to respect the neighbors' concerns. Ms. Butler said that the crematory use was added to the code recently and is permitted only with an approved CUP. Commissioner Kalemkiarian said that the CUP application allows them to review all aspects of a proposed use. He could,not support this request because he feh it could be a detriment to the welfare of the neighbors and the community as awhole. The location of the school is a big concern to him. Arcadia City Planning Commission II 1~lOl . . Commissioner Bruckner agreed. This would be next to the most sensitive location a business could be. He also could not support it based on Findings 1,3 and 4. The other similar uses were not located inthis type of a dense area Commissioner Olson agreed. He felt parking and traffic would dramatically increase Chairman Murphy said they would be increasing the business and taking away from the parking. That did not make sense to him. But, the bigger issue is the environmental aspect of it. He had doubts about the equipment. He was not satisfied with Mr. Talley's response with regard to possible equipment failure. He 'wanted to see data that would support the applicant's conclusions that the equipment is indeed safe. He also thought that it was too close to the school. The Planning Commission has a responsibility to the commumty and must be sensitive to their concerns. MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Huang to deny CUP 00-017 based on findings 1, 3 and 4 and direct staff to prepare the appropriate resolution for adoption at their next meeting. ROLL CALL: AYES: NOES: Commissioner Bruckner, Huang, Kalemkiarian, Olson, Murphy None Chairman Murphy noted that then: is a five working day appeal period after the adoption of the resolution. The resolution will be adopted on January 23rd. Appeals are to be filed by January 31, 2001. NON-PUBLIC HEARING ITEMS 7. PLANNING COMMISSION DETERMINATION Report and recommendation to find that the proposed New Police Facility is consistent with the General Plan. ~. Butjerpre.sented t!le staff report. MOTION It was moved by Commissioner Bruckner, seconded by Commissioner Olson finding that the new Police Facility is consistent with the General Plan. ROLL CALL: AYES: NOES: Commissioner Bruckner, Huang, Kalemkiarian, Olson, Murphy None Arcadia City Planning .Commission 12 119/01 . . MATTERS FROM CITY COUNCIL None MATTERS FROM PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS Ms. Butler recapped the actions taken by the Modification Committee. MATTERS FROM STAFF 1. CITY COUNCIL ACTIONS 2. UPCOMING AGENDA ITEMS - Housing Element Ms. Butler said that staff has scheduled a study session at 6:00 p.m. to discuss the Housing Element. The public hearing to receive comments on the Draft Housing element is also scheduled for this meeting. ADJOUR.l\lMENT ecretary, Arcadia Planning Commission Arcadia City Planning CommisSion 13 1/9/01