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HomeMy WebLinkAboutAUGUST 13, 2002 y .- . MINUTES . Arcadia City Planning Commission Tuesday, August 13, 2002 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 ofilie City of Arcadia met in regular session on Tuesday, August 13,2002 at 7:15 p.rn. in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman Pro Tem Olson presiding. ROLL CALL: , PRESENT: ABSENT: Commissioners Baderian, Murphy, Olson Commissioners l-Iuang and.Kalemkiarian MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Murphy to excuse Commissioners Huang and Kalemkiarian from tonight's meetings. The motion passed by voice vote with none dissenting. OTHERS ATTENDING Council Member John Wuo Community Development Administrator Donna Butler Senior Planner James Kasama Associate Planner Joe,Lambert Assistant Planner Tom Li Senior Administrative Assistant Silva Vergel 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 HEARING MATTERS (5 MINUTE LIMIT PER PERSON) None MOTION It was moved by Commissioner Baderian, seconded by Commissioner Murphy 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. . . Huang arrived at 7:20 p.lIL 1. MINUTES 7/23/02 Discussion ensued with regard to the irrevocable offer and the dedication on item no. 9 and it was determined thatthe Minutes were accurate and that the resolution should indicate the condition. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Olson to approve the MinutesofJuly 23'd as published. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Huang, Murphy, Olson None Commissioner Kalemkiarian 2. CONTINUED PlJBLIC BEARING CUP 2002-009 815 W. Naomi Ave" Snite G Wen-Ling Lee Consideration of II conditional use permit to expand the seating capacity Man existing eating establishment to accommodate approximately 54 patrons and to include incidental outdoor dining. RESOLlJTION NO. 1672 A resolution of the Planning Commission of the City of Arcadia, California, granting CUP 2002,009 expanding the existing eating establishment at 815 W. Naomi, #G. The staff report was presented. In reply to a question by Commissioner Huang, Mr. Lambert indicated that the previous use (Penguin's) was permitted to stay open until midnight but the applicant did not choose to do so. The Game lone is next to the subject site. He indicated that currently they are in violation of the CUP and stay open until 1:30 a:rn. The 1:30 a.IlI- time limit was 'posted at the business site. The violatioIlS fOr the outaoor dining, the occupancy limit and the hours of operation were discovered by the City's Code Services Officer. They were informed of the violation. Their seating has already been increased to 46. Ms. Butler remarked that Vons is open until midnight. This business did obtain a business license. They were allowed to go in under a previous CUP becaUSe a CUP goes with the land and not the applicant. She indicated that they should have been given a copy ofthe resolution when they applied for the business license but she could not verify that was done. The public hearing was opened. Arcadia City'Planning Commission 2 8/13102 . . Tim Murphy, 33 E. Huntington Dr., representing the applicant did not know who occupied the site after Penguins. They were grateful to staff for all the time that they devoted to this project. They are in agreement with all of the conditions in the staff report with the exception of the hours of operation. They would like to remain open until I :30 a.rn. for two nights a week. They are a non-alcoholic small cafe. Their clientele are generally college'aged students that do not cause any problems. They are not a facility that would attract gangs. Basically, this is' a healthy place to gather. He cited another similar type business that is permitted to stay open until 2:00 am. at the comer of Baldwin Ave. and Duarte Rd. He commented that people of that age will be out anyway at that time of the night and it is better to provide a healthy place in the community for them. In reply to the above, Mr. Lambert indicated that he was not aware that there was a cafe that was permitted to stay open until 2:00 am. This location is located within 150' of residential properties. The Police Dept. has reviewed the request and they do not have any problems with the request as long as their hours of operation is consistent with the rest of the center; i.e.; they close by midnight. Ms: Butler thought that there was a sandwich shop that went in after Penguins. She indicated that th~ other cafe is located in a different type of an area. It is surrqunded by commercial uses unlike the subject site which is near'residential. When Penguins'went in the requiremenLfor oblaining a CUP for a business that was within 150' of residentially zoned properties was not in place nor was the time limitation on the hours of operation. The business should not be a nuisance to,the residential properties. Mr. Murphy said that he visited the site and there were not many customers walking over from the Game Zone. In his observation he noticed that it is a quiet area and that the customers are well mannered. They come there to drink tea and ertioy their friends' company or read, ' No one else spoke in favor of or in opposition to this item. Chairman Pro Tern Olson closed the public hearing. Ms. Butler remarked that she was unaware of a care that was permitted to stay open until 2:00 a.m. in this part of town and the Planning Commission should not compare this use to that because this is within 150' of residential propertY. Chairman Pro Tern Olson said they sho\lld not be comparing the two uses. They need to look at this use in the proposed location.and the surrounding neighborhood. ' Commissioner Murphy was concerned thatifthey granted the extended hours that would seta precedent for the computer game use to request longer hours. The Planning Commission has a responsibility to the residents of the area. Mr. Lambert reiterated that the Police was in favor of the use as long as they close by midnight. MOTION It was moved by Commissioner Baderian, seC()nded by Commissioner Murphy to approve CUP 2002-009, subject to the conditions listed in the staffreport and file the Negative Declaration and adopt Resolution No. 1672. Arcadia City Planning Commission 3 8/13/02 . . ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Huang, Murphy, Olson None Commissioner Kalemkiarian Chairman Pro Tern Olson noted that there isa five working day appeal period after the adoption of the resolution. Appeals are to be filed by August 20th. ' 3. CONTINUED PUBLIC HEARING MP2002-020 & ADR 2002-034 408 W. Fairview Ave. Sanyao Int'l Consideration of modifications for a proposed 2-unit residentialcondorniniuin project. The staff report was presented and the public hearing was opened. Chairman Pro Tern Oison commented that there wasa'genlieman who ~1Joke againsllhis proposal allhe previous meeting and his comments are included in the Minutes. Robert Tong, Sanyao Int'l, 255 E. Santa Clara, said they are in agreement with all of the conditions listed in the staff report. He indicated that he would be planting grass block in the guest parking area. No one, else spoke in favor of or in opposition to this item. Chairman Pro TemOlson closed the public hearing. Commissioner Huang appreciated the grass block. Commissioner Baderian said that before the Planning Commission is yet another request for 18" planter in lieu ofa.5' wide one. If this is going to be a standard request the code needs tobe changed. Ms. Butler replied that staff has been working on amending the multiple-family regulationS and that is one of the proposed changes. The public hearing has been scheduled for September 24th. Commissioner Murphy thought that the back out area for the last stall seemed tight and did not think that 25' back out area was sufficient. Ms. Butler replied that it may take a couple of maneuvers to get a car out of the last space that Commissioner Murphy is referring to. The 25' back out was standard a few years ago and the City increased the requirement to 30'. Commissioner Huang suggested planting vine along the back wall to break up the view when entering the driveway. Mr. Lambert said that the block wall would be either decorative block wall or slump stone, Ms. Butler remarked that the garage depth requirement is also included in the proposed amendments. Arcadia City Planning Commission 4 8113102 . . MOTION It was moved by Commissioner Baderian, seconded by Commissioner Huang to approve MP 2002-020 and ADR 2002-034 subject to the conditions listed in the staff report, ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Huang, Murphy, Olson None Commissioner Kalemkiarian Chairman Pro Tern Olson noted that there is a five working appeal period. Appeals are to be filed by Augllst 20th. 4. PUBLIC HEARING TPM 2002-013 321 Leda Ln. Hank Jong Consideration of a tentative parcel map to subdivide one lot into two lots. The staff report was presentedilnd the public hearing was opened. Scott Chang, 11823 Slauson, Santa Fe Springs, said they are in agreement with all of the conditions listed in the staff report. No one else spoke in favor of or in opposition to this itern. Chairman Pro Tern Olson closed the public hearing. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Baderian to approve TPM 2002-013 subject to the conditions in the staff report and file the Negative Declaration. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian,.Huang, -Murphy, Olson None Coinmissioner Kalemkiarian Chairman.Pro Tern Olson noted that there is a ten day appeal period. Appeals are to be filed by August 26th. 5. PUBUC HEARING TPM 2002-014 . 824-828 S, Sunset Blvd. Hank Jong Consideration of a tentative parcel map for a 2-unit residential condominium project. Arcadia City Planning .Commission 5 8113102 . . The staff report was presented and the public hearing was opened. Scott Chang, 11823 Slauson, Santa Fe Springs, said they are in agreement with all of the conditions listed in the staff report. No one else spoke in mvor of or in opposition to this item. Chairman Pro Tern Olson closed the public hearing. MOTION It was moved by Commissioner Baderian,seconded by Commissioner Huang to approve TPM 2002-014 subject to the conditions in the staff report and file the Negative Declaration. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Huang, Murphy, Olson None Commissioner Ka1emkiarian Chairman Pro Tem Olson noted that there is a ten day appeal period. Appeals are to be filed by August 261h. 6. PUBUC.BEARING TPM2002-015 42 Alta St. Hank Jong Consideration ofa tentative parcel map fora 3-unit residential condominiurn project. The staff report was presented. and the public hearing was opened. Scott Chang, 11823 Slauson, Santa Fe Springs, said they are in agreement with all of the conditions listed in the staff report. Will. Conrad, 9359 Shrike Ave., Fountain Valley, said that staff has been extremely cooperative 'in providing him the information that he has requested even though he is against the project. He explained that-he was against a condominium because it would be difficuh to create a homeowners association for 3.units and difficult to get anything accomplished. It would be better if the units remained under one ownership as rentals then the property owner would bear the responsibility for the upkeep of the property. He felt they are trying to overbuild on the property. He was concerned about the parking situation and the garage sizes and he realized that this process does not take that into consideration, he feh compelled to state his opposition. Mr. Chang did not choose to rebut. No one else spoke in mvor of or in opposition to this item. Chairman Pro Tern Olson closed the public hearing and said that the Planning Commission already approve the design of the project and considered the modifications. at the previous meeting. The Arcadia City Planning Commission 6 8113102 . . Planning Commission, appreciates the comments by Mr. Conrad but this process tonight is to determine whether the property should be subdivided or not. Commissioner Murphy said the project is consistent with the General Plan and the zoning regulations and there is no cause for denial. MOTION It waS moved by Commissioner Baderian, seconded by Commissioner Huang to approve TPM 2002-015 subjecno the conditions in the staff report and file the Negative Declaration. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Huang, Murphy, Olson None Commissioner Kalemkiarian Chairman Pro Tem Olsollllotedthat there is a ten day appeal period. Appeals arc to be filed by August 26th. . 7. PUBLIC HEARING TM 53839 15-17 AJta St. Hank Jong Consideration of a tentative parcel map for an 8-unit residential condominium project. The staff report was presented and the public hearing was opened. Scott Chang, n 823 Slauson, Santa Fe Springs, said they are in agreement with all of the conditions listed in the staff report. Noone else'spoke in favor of or in opposition to this item. Chairman Pro Tern Olson closed the public hearing. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Huang to approve TM 53839 subject to the conditions in the staff report and file the Negative Declaration. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Huang, Murphy, Olson None Commissioner Kalemkiarian Chairman Pro Tern Olson noted that there is a ten day appeal period. Appeals are to be filed by August 26th. Arcadia City Plannin~ Commission 7 8/13102 . . 8. PUBLIC HEARING TM 53966 125-201 S. Third Ave. Hank Jong Consideration of a tentative parcel map for an 8-unit residential condominium project. The staff report was presented. The public hearing was opened. Scott Chang, 11823 Slauson, Santa Fe Springs, said they are in agreement with all of the conditions listed in the staff report. Les Valenzuela and Paul Taylor, 207 S. Third, spoke in opposition. Neither of the gentlemen had seen the p~ but objected to the loss of their view that would result 'if this building was constructed. They submitted photos of their view from their homes. To the south they look at another apartment building and to the north they have a ,beautiful view of the mountains that they would lose if this was constructed. They wanted to keep things as they are and did not want to change the atmosphere. Chairman Pro Tern Olson. appreciated their concerns but the design of the project has already been approved by this body at the June lllh meeting. The Planning Commission is only considering the subdivision of the building not whether they are actually going to construct it. Mr. Valel1Zl!ela asked why they were not notified of the fust hearing? Chairman Pro Tern Olson said that the notification was done according tj) code. The city is not required to notify tenants and the design of the project. has already been approved. Ms. Butler explained that the subject property is.zoned for a multiple-family development. The property owner has a right to develop his property. In reality, they could build up to 12 units and still comply with code but they have opted to build 8-units that are all on-grade with minor modifications that were granted. The project complies with the General Plan and the zoning regulations: She invited the gentlemen to come to the Planning offices to view the plans. Code requires that property owners and tenants that arewithinJOO' of the subject property be notified for the subdivision process only. Evenif they had come to the previous meeting it would be difficult to deny the project. The City does not have an ordinance for preserving view. She noted that this notice was also published in the paper. No one else spoke in mvor of or in opposition to this item. Chairman Pro Tern Olson closed the public hearing. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Baderian to approve TM 53966 subject to the conditions in the staff report and file the Negative Declaration. Arcadia City Planning Commission 8 8113/02 . . ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Huang, Murphy, Olson None Commissioner Kalemkiarian Chairman.Pro Tern Olson noted thanhere is a ten day appeal period. Appeals are to be filed by August 26th. NON-PUBLIC HEARING ITEMS 11. RESOLUTION NO. 1674 A resolution ofthe Planning Commission of the City of Arcadia, California, granting CUP 2002. 011 and conditionally approving ADR 01-055 replacing an existing retail building with a new 24. hour automobile fueling station with beer and wine sales for off-site consumption until 10:01 p.m. at 425 N. Santa Anita Ave. RESOLUTION NO. 1675 A resolution of the Planning Commission of the City of Arcadia, California, granting CUP 2002-012 to operate an academic prep school and learning center at 41 W. Santa Clara St. Ms. Butler read the title of the resolution. Commissioner Murphy suggested that item 6a be amended to read: "The applicant acknowledges that the City may close the opening in the raised median in Santa Anita Ave. at any time due to potential traffic related hazards" also,. item 6b should.clearly indicate that the dedication will not be taken until the City needs it. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Olson to adopt Resolution No. 1674 and formally affirm the decision of July 23rd and the votes thereon subject to the amendments listed above. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Huang, Murphy, Olson None Commissioner Kalemkiarian MOTION It was moved by Commissioner Murphy, seconded by Commissioner Baderian to adopt Resolution No. 1675 and formally Baderian the decision ofJuly23rd and the votes thereon. Arcadia City Planning Commission 9 8113102 ~. .. . . ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Huang, Murphy, Olson None Commissioner Kalemkiarian Chairman Pro Tern Olson noted that there is a five working day appeal period after the adoption of the resolutions. Appeals are to be filed by August 20th. MATTERS FROM CITY COUNCIL Council Member Wuo announced that the City Council has'appointed Frank Hsu, Craig Lucas and S. H. Wen as the new Planning Commissioners. He anticipated they would be sworn in at the City Council's August 20th meeting and would be at the. Planning Commission's September lOth meeting. He thanked Commissioners Huang and Murphy for their service and dedication in serving the City. He also announced that Centennial Flags are being sold through the City and anyone can sponsor one for $125 and at the end of the festivities the flag would be given back to the sponsor. The flags will be hanging throughout the City. He briefly discussed the tire in the foothills; MATTERS FROM PLANNING COMMISSION Commissioner Murphy thanked the City Council and stafffor all their help during' his term. Commissioner Huang said that he has enjoyed serving on tliis Commission for over 10 years. Ms. Butler thanked Commissioners Huang and MUrphy and said they would be missed. Chairman Pro Tern Olson remarked that. he appreCiated the comments by Mr. Conrad with regard, to staff's cooperation in wprking with him. MODIFICATION COMMITTEE MEETING ACTIONS Chairman Pro Tern Olson summarized the Modification Committee actions. MATTERS FROM STAFF I. CITY COUNCIL ACTIONS 2. UPCOMING AGENDA ITEMS Ms. Butler discussed the upcoming agenda items. She said that there would be a study session at the City Council's August 20th meeting to discuss the single-family zones. The R-2 and R-3 regulations will be coming before the Planning Commission at their September 24th meeting. - ADJOURNMENT 8:45 p.m /slDonna Butler Secretary, Arcadia Planning Commission Arcadia City Planning Commission 10 8113102