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HomeMy WebLinkAboutMAY 10, 2005 . (I) . MINUTES . Arcadia City Planning Commission Thesday, May 10,2005 7:00 p.m. in the Arcadia City Conncil Chambers PLEDGE OF ALLEGIANCE The Planning Commission of the City of Arcadia met in regular session on Tuesday, May 10, 2005 at 7:00 p.m. in the Arcadia Council Chambers of the City of ArCadia, at 240 W. Huntington Dr. with Chairman Baderian presiding. ROLL CALL: PRESENT: ABSENT: Commissioners Hsu, Lucas, Olson, Wen, Baderian None OTHERS ATTENDING Community Development Administrator Donna Butler Senior Planner Lisa Flores Associate Planner Tom Li Interim Assistant Planner Andrew Gonzales Senior Administrative Assistant Silva Vergel SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Butler noted that the agenda was revised and outlined the change. She also indicated that the applicant requested a continuance on item no. 4 on the agenda, CUP 2005-009 because they would like to add the sale of beer and wine. The Planning Commission cantake testimony on this item tonight. TIME RESERVED FOR mOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC BEARING MATTERS (5 MlNUTE LlMlT PER PERSON) None 1. PUBLIC HEARING TPM 2004-007 18s-I~as Tunas Hugo Chau ConSideration of a tentative parCel map to subdivide a 119,074 square foot commerciaJlot into 2 parcels. The staff report was presented and the public hearing was opened. Heather Barnes, Tritecb Assoc., 135 N. San Gabriel, San Gabriel, said she was representing the applicant and they are in agreement with all of the conditions in the staff report. No one else spoke in favor of or in opposition to this item. . . MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Hsu to close the publi, hearing. The motion passed by voice vote with no one dissenting. In answer to a question by Commissioner Lucas, Ms. Butler said that the wording in the staff report i standard. This process does not approve the design of any buildings, but rather reviews the design of th lots for conformance with the City's subdivision regulations. MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Hsu to approve TPM2004 07 subject to the conditions in the staff report. ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None Chairman Baderian noted that there is a ten-day appeal period. Appeals are to be filed by May 23nl, 2. PUBLIC HEARING TIM 2005-003 146 Fano Maple Builders, Inc. Consideration of a tentative parcel map for a 3~unit residential condominium project. The staff report was presented and the public hearing was opened. Jose Antonio Gonzales, 142 Fano, said that when he constructed his apartment building be had to build 6' high wall and asked why the plans on the proposed project do not show any wails. He was concernel that if they construct a wall it could encroach onto his property. He spoke with staff but did not feel thll the response was adequate. Ms. Butler suggested that Mr. Gonzales come to the City and they will explain the process to hini. Sh said that the developer has the option of contacting him and work out an agreement for the use of hi wall or construct his own. Staff prefers one wall on the property line.because when two are constructe there is a gap in tbe middle and debris is collected. A wall is a part of the overall project. A propert wall agreement will require Mr. Gonzales',s signature indicating his approval. No one else spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Lucas to close the pubJi, hearing. The motion passed by voice' vote with no one dissenting. MOTION: Arcadia Citv PlAnning C.nmrnilli.inn , ~l1nl.~ . . It was moved by Commissioner Hsu, seconded by Commissioner Lucas to approve TPM 2005- 03 subject to the conditions in the staff report ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None Chairman Baderian noted that the there is a ten-day appeal period. Appeals are to be filed by May 23rd. 3. PUBLIC HEARING CUP 2005-007 19 E. Live Oak Ave. Kate Kyungmi Ha Consideration of a conditional use permit for a tutoring center with 60 students in an existing 3,300 sq.ft. commercial office space. RESOLUTION NO. 1729 A resolution of the City of Arcadia, California, denying CUP 2005-07 for a 3,300 sq. ft. tutoring center with 60 students at 19 E. Live Oak Avenue, Units A, C and D. The staff report was presented. In an5Werto a question by Commissioner Lucas, Mr. Li said that the existing CUP, which was approved in 1989, is still in place. This is, the same operator. He indicated that the job training center appealed the Planning Commission's denial to the City Council and because of this proposal has requested a continuance on their hearing, pending the outcome of tonight. The job-training center is on the 2nd floor. Mr. Li indicated that the hours of operation are the same hours of the previous CUP, which allowed a maximum of 10 students and 4 teachers at. anyone time. The request is for 60 students and 8 teachers. The original CUP did not have provisions for any weekend classes. The public hearing was opened. Kate Ha, 19 E, Live Oak, representing Neo Fine Art School, said they opened this facility 16 years ago and have never had a complaint. There is a need for this type of a facility in the city. She explained that they pick up more kids from school and after classes, the school drops them off at home. This drastically reduces the number of parents that come to the site. Out dfthe 60 students, only about 25 are picked up and some have siblings. She guessed that approximately 18 parents might come there to pick up their children and staff drops off the rest of the children. Ms. Ha went on to say that she was able to obtain written permission from the Manager of Citibank to utilize 12 of their parking spaces, which would make up the deficiency in parking. She submitted said letter as well a petition and a letter in favor of the use. Arcadia City Planning Commiuion 3 511015 . . In reply to a question by Commissioner Wen, Ms. Ha indicated that the number of children, sessions and teachers at the facility varies from day to day. There is ample parking on Live Oak and Louise. In response to a question by Commissioner Lucas, Ms. Ho indicated that when they ftrst opened ,up this facility, parents began requesting other types of classes such as English and Math. By 1991, their enrollment had grown to the 60 students. She was unaware that they would need to revise their CUP and did not realize that was in violation of what was approved. Ms. Ha went on to say that she was not in agreeme!lt with all of the conditions in the staff report, particularly condition no. 1 limiting the number of students to 20 at anyone time, as well as some of the other conditions being imposed by the Building and Fire Departments. Mary Jane Clark, 407 W. Duarte Rd., said that this school has been extremely belpful to her, especially because she works long hours. They offer a service to Arcadians, which is in demand, i.e., picking up and dropping off kids. Although, there are many Moring schools in the city, they do not offer that service. Whether this school is there or not, Live Oak is a very busy street during the early evening hours. She noted that since 1991 when they have had 60 students there have never been any complaints, Fire Dept. inspects the facility annually and they have never seen a prl)blem. They offer classes here that improve the kids. She found out about this by word of mouth and not by seeing an advertisement. They are caring and considerate. They separate the kids based on the age groups. Yukika Chung, 139 Diamond, #A, said that her son has been attending this school since he was in kindergarten and he is now 17. The operator is honest and devoted to the students. Her son.has taken piano lessons as well as acadeniic ones and he has won several competitions and received many awards that can be attributed to the school. For years the school has picked, up her son from the school and given him rides to various school activities because it has been difficolt for her. This shows Ms. Ha's compassion. Sbe indicated that she has never experienced any problems with regard to parking. In fact, there is always ample parking available. She felt this use is an asset to the community. Carolyn Galin, 5606 McCulloch, said that she is a single grandparent. Her granddaughter has been living with her for several years and has been attending this school. If it was not for this school, she did not know what she would do. She has grown dependent~on them, especially because oftheir pick up and drop off service. She remarked that her granddaughter is now a good student because of this school. They have been wonderful with her granddaughter. There have never been any parking problems at this site, until the card school came in. She also noted that she has never seen 60 students at this location at anyone time, Sbe said that a couple of months ago, a large home was being constructed and they did have the street torn.up and because of that .parents might have parked down -the street. but that was temporary. This is a very iIeeded school and she could not go t6work ifit was not for them. This is truly a fabulous institution. To hold them responsible for the parking would be injustice, especially when the problem was due to the card school and the construction of the home. Denise Park, 543 Caniino Verde, S. Pasadena, said that she has 2 sons, 15 and 13, both of whom have been going to school since they were 5 years old. She was comfortable with the class size and said the operator has tried to avoid any problems. As a parent she looked around and visited other schools but this was by far the best facility. She said that she also has never seen a parking problem or heard of any complaints from neighbors. Problems arose from the card school and not from traffic to and from the school. When Ms. Ha became aware of the parking problem, she promptly spoke with parents to resolve the issue. Arcndia City Planningc-",;..;"" 4 511015 . . Bensham Chen, 50 Alta St., #B, said that her daughter attends this school. She works for Children's Services in Los Angeles and it is her nature to make sure that schools are safe and in her opinion, this facility is a very safe environment for kids. She picks up her daughter every night and has never seen a problem. Sometimes she does have to work late and regardless of when she gets there she has never seen a parking problem. The card dealing school was the one that caused the parking problem. In answer to a question from Commissioner Lucas, Ms. Chen said there have been times that she has picked up her daughter at 7:00 and noted that most of her daughter's friends are picked up early or are taken home by their staff. The majority of the kids here are younger and no student drives to the school. Conrtie Kude, 500 Alster Ave., said that she has 2 children attending the school and she picks them up around 6 and has never seen a problem. There are not too many kids in the building at that time. Sylvia L~ 960 W. Orange Grove, said her 2 daughters go to school here, one is 16 and the other is much younger. Ms. Ha has taken an individual approach with each child and they provide flexibility for working parents. The kids are taught at their own speed. This is an important facility for working parents. She said that there is no formal parent organization and they speak casually with the other parents and teachers. Parents are always welcome to go there. Jacqueline Camarena, 415 California, #6, said she is one of the teachers at this facility and has been there since September. She wanted to see this school continue there. She has witnessed the changes in her students in this short period of time, academically as well as psychologically. They teach kids ,how to deal with certain situations. She thought thattheparking issue should be resolved, since Citibank has offered the use of their spaces: She said that the hours of teachers vary, some of the teachers arrive at 2 and some at 3, and there are 9 teachers after 3. She indicated that sheis the only faculty member that does not drive. In response to a question by Commissioner Hsu, Ms. Camarena confirmed the numbers given by Ms. Ha relative to the number of kids that are picked up from the facility. Kathy Fung, 92lOWedgewood St., Temple City, said she has been teaching at the school since February and has never had a parking problem. This is a great school for the kids because they teach them both academic courses as well ,as social issues. She attends college and comes here after her classes are over. She is also one of the' instructors who.takes'2 of the children home after school. She indicated that they have 3 12-passengar vans for transporting the children. Maryann Ferris, 1847S. gtl> Ave., said that she teaches English. She indica.tedthat no one has discussed fluidity in the school. She noted that not all classes have the same number of students. Class size varies from hour to hour just like from day"to-day. Some kids come there on Mondays, Wednesdays and Fridays and some only on Tuesdays and Thursdays. The only high school student is Ms. Chung's son. Yuan Gu, 171 Delta Ln., said they are doing a wonderful job at this school. She really appreciated the fact that they pick up and drop off the kids because it is a benefit to the parents. The classes they offer prepare the kids for testing and she contributed that to the hard working teachers. They depend on them for this service. She indicated that parking was never an issue until the gambling school came in. Arcadin City Planning Cnmminsion 5 5110/5 . . Justina Lincoln, 2800 Longley Way, said this school is different than the other tutoring centers because they offer one-on-one lessons. Her child takes piano lessons and his behavior has improved significantly since he has been going to this school. She has never had any parking problems at this site. Sophie Lee, 263 W. Wistaria, said that this is the only learning center that provides individual tutoring. She has seen improvements in her child. They are teaching him good learning habits. She appreciated their pick up and drop off service. If there were any parking problems recently, they were as a result of the construction and the gambling school and not this use. Tiffany Gu, 171 Delta Ln., said she is a student here. This has been a very good school. She has known a couple of students that have gone to this school who ,have won awards for their academic knowledge. Name (inaudible), 5606 McCulloch, Temple City, said that this school has helped her out with math. Stephanie Wang, 50 Alta St., #B, was present with her friends in support of the school. Nora Gutierrez, 2870 McCloud Lane, Ontario, said that she has been working attheschool for 10 years, the paq 7 years a~ the manager. They offer a variety of programs; some are 2 days a week, some are 3 days a week. They have never heard of any complaints. They work with the parents and they trust them. They have students that have graduated and come back to volunteer. They offer individual lessons because they realize that each child is at a different level. She said that they recently received a call from a local principal that praised them for what they were able to accomplish with a student whom they had a problem dealing within the past and now is extremely well behaved. In answer to a question by Commissioner Lucas, Ms. Gutierrez stated that they have 3 vans but only 2 are parked overnight. Staff also parks on the premises. She indicated that this is a learning center and not a day care. The children are brought her to be taught; only for educational purposes. They do not have a playground area. In reply to a question by Commissioner Wen, Ms. Gutierrez stated that each teacher is responsible for tbe children in their class. The children do not roam the halls. When they are done with their work and are waiting to be picked up they usually will read a book or play cards. No one spoke in opposition' to this item. MOTION: It was moved by Commissioner Wen, seconded by Commissioner Olson to close the public hearing. The motion passed by voice vote with no one dissenting. In answer to a question by Commissioner Hsu, Mr. Li indicated that they discovered this expansion when Code Enforcement Officers were inspecting the card school, which is not now in operation. The Planning Commission denied the card school and the applicant appealed it to tbe city Council but they have requested a continuance pending the outcome of tonight's decision. Ms. Butler explained thatthe hours of operation are not strictly enforced because they give them the flexibility in case of emergencies. Staff does not strictly enforce when they close their doors. Areadin City Planning ConnnisSi"" 6 511015 . . In response to a question by Chairman Baderian, Mr. Li indicated that when the Fire Department inspected this location, they were probably looking for Fire Dept. violations, such as exit doors and making sure that they are in compliance with their regulations. Mr. Li stated that condition 1, relative to the maximum no. of students at any on time. is because of the available parking spaces. The available parking dictates how many students they can have on the premises. Ms. Butler stated that even though the applicant circulated the letter from Citibank,it cannot be considered because it is not enforceable and could be revoked at any time. In order to consider it, they would have to record a covenant. In Teply to a question by Commissioner Lucas, Ms. Butler indicated that they would have to comply with all of the conditions prior to proceeding. If the Planning Commission wants to approve the request, they can give them a set number of days to meet the conditions and resolve the issues. Some of the conditions will be difficult to comply with and may not be possible, but there are some the could be achieved relatively easily. The City does not object to them continuing their operation, as is, as long as they comply with the conditions. Commissioner Lucas stated that based on the testimony tonight, it is apparent that this is incredibly successful and provides a needed service, unfortunately they do not have a permit for the existing use and the condition of the property is inappropriate. The campus in its present form is not safe for the students. Although, he wanted her to be successfu~ he was not sure that she was willing or prepared to make the necessary changes to comply. He was willing to waive the parking issue but not on the conditions set by the Building and Fire Departments. Commissioner Wen was annoyed that they ignored the rules and expanded withOut obtaining the necessary approvals; although it was stated that it was an oversight. This sounds like a very fine school as testified by many of the parents, teachers and students. He preferred that the use remain in the City but the parking and safety issues must be addressed. He was in agreement with Commissioner Lucas regarding the parking and did not think that in this case it was a big issue, especially because the students do not drive and the neighboring use has given them permission to utilize their parking. In addition, there is ample street parking. He felt that the school is well managed. It did not appear to him that safety seemed to be a big issue because they have been approved by the Fire Department when they conduct their inspections. He thought they should be allowed to operate,at a higher capacity but he was not sure whether it should be as high as 60 students. He said that he hoped, that the operator would abide and comply with whatever.action the Planning Commission takes. Commissioner Hsu agreed and said that if approved, they should revisit the issue to ensure compliance. He did not think they should negotiate the Building and Fire code issues. He did not object to having 60 students. Commissioner Olson did not view the parking, as a big problem because there is ample street. parking. This is obviously a very successful business that is highly sought after. He was not convinced that the applicant is 'inagreement with the conditions as set forth by Building and Fire Departments. He questioned what is tbe use of having CUP if it is not complied with? He thought maybe there is a better location for this use and that this may not be the best place for it. In Teply to a question by Chairman Baderian Mr. Li indicated that based on the available parking, staff believes that they should be limited to a maximum of20 students at any one time. Arnadin City P1nnning Commission 7 511015 . . MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Hsu to approve CUP 2005- 007. This approval is for compliance with all of the conditions listed in the staff report with the amendment of condition no. I to allow a maximum of 60 students at any time on the premises. The applicant will be given 60 days from the date of the adoption of the Resolution to comply with all of the requirements in the staff report. A report shall be brought back to the Planning Commission one-year from the date of this approval. This also approves the Negative Declaration and direct staff to bring back the appropriate resolution for adoption at the Planning Commission's next meeting. In answer to a question by Commissioner Lucas, Ms. Butler indicated that if they fail to comply with the new CUP, then they will have to comply with the original CUP. ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Wen Commissioners Olson, Baderian Chairman Baderian noted that the there is a five worki~-dayappeal period. The resoluiton will be adopted on May 24th. Appeals are to be filed by June 2 . 3. PUBLIC HEARING CUP 200~09 625 W. Las Tunas Ave. David Sabin, Fielder Group on behalf of Arco Service Station Consideration of a conditional use permit to allow a 24-hour convenience store and automated self-service car wash in conjunction with an automobile fueling station and a total of six (6) fueling dispensers in lieu of8 required. RESOLUTION NO.I72S A Resolution of the Planning Commission of the City of Arcadia, California, approving CUP 2005-09'with a modification to allow 6 fueling positions in lieuof8 required, and ADR 2004- 028 to ,allow a new automobile fueling station at 625 W. Las Tunas Dr. Ms. Butler indicated that this item is being continued. The public hearing was opened. No one spoke in favor of orin opposition to this item. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Lucas to continue the public hearing to June 14th. Arcadia City Planning,Commission 8 5/10/5 . . ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None PLANNING COMMISSION ITEM s. ARCHITECTURAL DESIGN REVIEW BEARING SADR 2005-001 701 W. Huntington Drive Hamid Kianpous Consideration of an appeal of architectural design review to upgrade the exterior of the service station with new signs, permit two additional price signs, and replace the existing gable roof canopies with flat.roof canopies. The staff report was presented and the hearing was opened. Ahmad Ghaderi, 207 W. Alameda, #203, Burbank, said that,he is from the architectural firm that has worked on this project. He gave a brief history of the project. They have converted between 70-S0 service stations' in less than a year. The proposal is for the replacement of the existing canopy top over the fueling stations and replacing the pole sign with a monument sign. In preparing this proposal, they visited other fueling stations in the City at the comer of Huntington,Dr. and First Ave. and Baldwin and Duarte Ave., and noticed that these stations have the corporate images on the canopy. They would like to enjoy the same design that the abovementioned stations have. He said they were never given guidelines or information that there were specific design guidelines for this corner that prohibited them, Their property is surrounded by mostly commercial uses; only the north side is abutted by a residential use. They are here tonight because they are trying to comply with the requirements ofConoco. They would be unable to adequately compete with other stations in the City without this request Unfortunately, they do not have another option available to them. He asked for this approval. Commissioner Lucas wondered if the main structure would be modified. He stated that there is no architectural similarity between the proposal and the main building. Mr. Ghaderi replied that they originally wanted to modifY both buildings but chose to scale the project down to get support of the staff and Planning Commission. They do not have any other option to modernize the station. There are some locations that are dictated by design guidelines where they .cannotachieve this.type ofa design,. such. as their station in Santa Barbara where.every building had to have a historic look. However, at this location, there are no such guidelines dictating a specific style or design. He felt this was selective enforcementand could not understand the logic. In response to a question by Chairman Baderian, Mr. Ghaderi said that they could comply with all of the conditions listed in the staff report with the exception of one. Hamid Kianipour, 701 W. Huntington, said he wanted to be afforded the same rights and privileges that other service stations enjoy. They would like to upgrade the canopies with the corporate logo and cited Chevron who has a similar design. He did not want to be at a disadvantage as compared to other stations in the city. His building is 37 years old and needs to be upgraded. He commented that they are Araulin C'rty Planning Commission 9 51l0i5 . . not asking for any new signage and only replacing a pole sign with a monument; the 76 ball will be replaced with the monument sign. In answer to a question by Commissioner Hsu, Mr. Kianipour said that he hoped to upgrade the main building. He stated that this is a large property and is not fully utilized. Finances permitting, he hoped to come back soon to improve the other building. Blair (last name inaudible), 2377 N. Campus, Upland, said he represents the corporate office. The image is extremely important to their success, especially, since three companies have come together. The design, colors and the appearance ofthe buildings and the dispensers are meant to emphasize the fueling area. No one else spoke in favor of or in,opposition to this item. MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Hsu to close the hearing. The motionpasscd by voice vote with no one dissenting. Commissioner Lucas felt that this was a piece meal renovation of the property. He felt that both of the buildings; the main structure and all the other structures must comply and be consistent with one another. However, the proposal as presented is incompatible. Commissioner Olson said that service stations are changing and it appears that this seems to be the new look for them. He also thought that this was piece meal but did not object to having the service bays with the canopy remodeled and having the existing building updated in the future. This is a busy intersection and he supported the appeal and was pleased that they were not asKing for additional signage. He suggested eliminating condition no. 1 altogether. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Baderian to approve SADR 2005-001 subject to conditions 2-S listed in the staff report and to deleted condition 1. ROLL CALL AYES: NOES: Commissioners Olson, Baderian Commissioners Hsu, Lucas, Wen, MOTION; It was moved by Commissioner Lucas, seconded by CommissionerHsu to approve SADR 2005~ 00 I subject to the conditions listed in the staff report. ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Wen Comrnissioners Olson, Baderian Araadia city PlamJing,Commission 10 5110/5 . . Chairman Baderian noted that the there is a five working-day appeal period. Appeals are to be filed by May lSth. CONSENT ITEMS 4. RESOLUTION NO. 1727 A resolution ofthe Plarming Commission of the City of Arcadia, California, approving CUP 2005-06 for a 1,6S0 sq .ft. yoga instruction studio with up to 15 people and an incidental retail area at 300-302 E. Foothill,Blvd. Ms. Butler read the titles of the resolution. MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Hsu to adopt Resolution No. 1727 and to formally affi.nn the decision of April 26, 2005 and the votes thereon, ROLL CALL: AYES: NOES: Commissioners Hsu; Lucas, Olson, Wen, Baderian None Chairman Baderian noted that there is a five working-day,appeal period after the adoption of the resolution. Appeals are to be filed by May lSth. 5. MlNUTES OF 4/26/5 RECOMMENDATION: Approve MOTION: It was moved by Commissioner Olson, seconded by Commissioner Lucas to approve the Minutes of 4/26/5 as published. ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None MAITERS FROM CITY COUNCIL AND PLANNING COMMISSION Chairman Baderian welcomed City Council Marshall. Council Member Marshall gave a brief summary of upcoming events. MODIFICATION COMMITIEE MEETING ACTIONS Atcidia City PJanning Commissi"D 11 5110/5 . . Commissioner Olson summarized the Modification Committee actions. MATIERS FROM STAFF I. CITY COUNCIL ACTIONS 2. PLANNING COMMISSION AGENDA ITEMS Ms. Butler ADJOURNED TO 5:30 P.M., MAY 24TH 9:45 p.rn. IslDonna Butler Secretary, Arcadia Planning Commission Amadio Cily Planning Commission 12 5/10/5