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HomeMy WebLinkAboutAPRIL 26, 2005 (i) . MINUTES . An:adia City Planning CoD1D1i5s1oD Tuesday, April 26, 2005 7:00 poOL in the Arcadia City Council Chambers PLEDGE OF ALLEGIANCE The Planning Commission of the City of Arcadia met in regular session on Tuesday, April 26, 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 TomLi Senior Administrative Assistant Silva Vergel MOTION: It was moved by Commissioner Olson, seconded by Commissioner Wen 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. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Butler noted that page 5 of the staff report for CUP 2005-06 had a minor revision and a copy of the new sheet was distributed. Also, letters in favor of the same item were handed out. 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. PUBLIC HEARING MP 2005-03 1220 Rodeo Rd. Myron Tarkanian Consideration of modifications for the cOnstruction of a new 7,407 sq. ft., two-story single- family residence. The staff report was presented and the public hearing was opened. . . Hal Hamilton, 5363 Alhambra Ave., Los Angeles. He indicated that 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 Hsu, seconded by Commissioner Lucas to close the public hearing. The motion' passed by voice vote With no one dissenting. MOTION: It was moved by Commissioner LuCllS; seconded by Commissioner Hsu to approve MP 2005-03 subject to the conditions inthe staff report, ROLL CALL: AYES: NOES: Commissioners lh'U, Lucas, Olson, Wen, Badctian None Chairman Baderian noted that there is a five working-day appeal period. Appeals are to be filed by May 4th. 2. PUBUC HEARING CUP 2005-06 300-302 E. Foothill Blvd. Rene Quenell Consideration of a conditional use permit and parking modifications for a yoga instruction studio with up to 30 students and an incidental retail area in an existing 1,680 sq. ft. commercial unit. RESOLUTION NO. 1727 A Resolution of the Planning Commission of the City of Arcadia, California, denying CUP 2005-06 for a yoga instruction studio With an incidental retail area at 300-3 02 E. Foothill Blvd. The staffreportwas presented. In answer to a question by Commissioner Hsu, Mr. Li indicated that the applicant approached the City with. the proposal. The business license allows them to have 2 students at anyone time. In reply to questions by Chairman Baderian, Mr. Li said the number of students should be limited in proportion to the parking spaces, which in this case is no more than 3 students at anyone time. The public hearing was opened. Rene Quenell, 188 San Gabriel Court, Sierra made, explained that they opened this facility in April 2003. They have seen their business grow and after speaking With the property owner, who operates the ~city ~ingCommissiOD 2 4126/5 . . florist, it was decided to sWitch spaces, which took place April 2004, So, the yoga. facility is facing FoothilI Blvd. They contemplated having acupuncture at this location and after speaking With Mr. Lambert, a City Planner, they were informed that they would need to get a modification for the parking, He advised her that when she applies for the CUP, she should request the maximum no. of students to avoid baving to go through the same procedure again in the future. She stated that there is plenty of street parking available on Foothill Blvd. and Northview. She said the busier classes are the ones that are held in the evening and on weekends, which can have as many as 15 students and noted that the daytime classes are generally very light. They also have a small retail area which is incidental to the main business, and they sell yoga products. She said that they cOuld not sustain the business if they were limited to a maximum of 3 students at anyone time. She said that their clientele are not only Arcadians but also from neighboring cities and some even walk here, thus eliminating the need for parking. She submitted letters from several of her neighbors who were in favor of the proposed use. With regard to the neighbor who had visited the City and expressed concern about the use, she indicated that she spoke With them and informed her that they would never have 30 students there for yoga. and they were pleased and reassured. She indicated that she spoke with Century 21, which is 3 businesses away, and they said her clients could utilize their parking in the evenings and weekends. She said they would be a positive addition to the area. They may occasionally have special engagements where they may have a maximum number ofJO attendees, but that would Ilot be the norm. In response to a question by Commissioner Lucas, she said that the busiest classes are the evening and weekend ones. She reiterated that they could not afford to pay the teachers and the rent with a limitation of 3 students at anyone time. None of their clients have ever expressed concern aboilt parking and she referred to all the letters that she submitted in favor of the use. Out of concern for the neighbors, when they were in the back unit, they had a sign posted that asked their clients to be considerate of the neighbors and.not to park in front of their homes. In reply to comments by Chairman Baderian, Ms. Quenell indicated that she does not have any written documentation from Century 21 but she was sure that she could obtain one if needed. She said that there are plenty of parking spaces available on Foothill and the spaces along Northview are not in front of any homes. Margit Houlkoui, 2036 Windemere, Upland, said she is the property owner of 300-302.E. Foothill. She said .that when they first purchased these prqperties, a bar occupied one of the spaces and one of the conditions of the sale was that the bar had to stay there for 1 year after the sale. A nail shop occupied another one of the spaces and there were various other uses in the back location, over the years. During that year, they discovered that a bar was a very problematic and intense use. There were always cUstomers ill the bar, at least'30 peOple at any one-time. The customers parked on Laurel, Northview, Foothill and across the.street. The nail salon had 4 employees and 4 customers. at the same time, so the proposed use is much less intrusive as what was there a few years ago. She urged the Planning Commission to approve this request. The applicant has invested a lot of money into this space and has upgraded it. . Steven Lewis, 245 E. Laurel, said that his home is very close to the proposed use. He remembers the bars and is grateful that this is the use that is there now, which is certainly a much better and desirable use than a bar. He remembered that there was a tutoring facility that asked them to sign a petition in favor of their use and they were happy to do so. The florist does not create traffic. Parking has not.been an issue. He said t~ there is a sign asking the clients to be mindful of the neighbors and not park in front of their homes and he appreciates that gesture. This is a thoughtful neighbor. They are offering a Arcadia City PIamring COmmission 3 4126/5 . . service to local residents and are draWing their clientele from the area. They are conscientious. Hehas not seen anyone parlcing on Northview. Parking is not an issue: Their street is shaded with mature trees and one would think that Ms.. Quenell's patrons would take advantage of that during the summer and park on their street but that is not happening. He urged the Planning Commission to approve the use. Ms. Quenell indicated that sessions are either 1 hour or 1.5 hours. The only time that they would have 30 people tQere would be for special engagements only. They do not have the room to have 30 patrons all doing yoga at the same time. She thought the maximum no. of students per session during peak hours could reach 17 and she noted that the average no. of clients during the day are 5 per session. No one else spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Hsu. seconded by Commissioner Wen to close the public hearing. The motion passed by voice vote with no one dissenting. Commissioner Hsu said that based upon the testimony, it appears that the peak how's are during the evenings and weekends and he noted that there seems to have been no problems or complaint& As a result, and because they are now in the front space, he felt comfortable supporting the request, In response to a question from Commissioner Lucas, Ms. Butler indicated that in regard to the parking at Century 2] unless a covenant is recorded committing the availability of the parking for the sole use of Yoga Madre, a verbal agreement couldn't be enforceable. The neighbor could change his mind and not allow the use of his parking. If this route is chosen, then a covenant should be recorded making the parking available to their clients. In reply to a comment made by Commissioner Lucas, Mr. Li.said that he visited the site but not during their peak hours, due to work schedules and he noted that on-street parking was available. Commissioner Wen said the parking deficiency is both subStimtial and alarming. He did not want to consider street parking as compensation and did not want to set a precedent. However, in this case, the neighborhood is comfortable With the use and has not had any problems with the proposal and does not object to the operation of the business. Certainly, this is a much better use than the bar. / Commissioner OIS()n said that this seems to bea very good business and a.great building. There might be a better location toot has more parking but this use seems to be providing a service for the people that live Within close proximity. He suggested revieWing the CUP in one year to see if there are any problems. Ms. Butler said that is an option or if a problem ariSes, because this is a CUP, there are provisionno revoke it, which will require a public hearing, In answer to questions from Chairman Baderian, Mr. Li said the only concern that was raised from any of the neighbors was the lady who came to the City after receiving the public hearing notice. Ms. Butler expanded by saying that there was a complaint when they were in the back unit, but the issue was reS()lved and no other complaints have been received since. Arcadia City Planning Comnli&Sion 4 4/26/5 . . Chairman Baderian asked Ms. Quenell to approach the podium and asked if she was in agreement with the conditions in the staff report. Ms. Quene11 said that the only condition she objected to was the limitation on the number of students at anyone time. She asked that they be approved for 18. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Hsu to approve CUP 2005- 06 subject to the conditions in thestaffreprot and amend condition 1 to a maximum of 1 5 people at anyone time. Commissioner Lucas asked if the premises could be posted stating that there shall be no more 15 occupantS.at anyone time and Ms. Butler said that they could, however, they want to give her the flexibility when she is holding the special engagements. She also noted that a time limit couldn't be placed on a CUP. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Hsu to approve CUP 2005- 06 subject to the conditions in the staff report and amend condition I to a maximum of 15 people at anyone time, that a sign be posted indicating that there shall be no more than 15 occupants in the building when regular sessions are being held and that a report be brought back to the Planning Commission ina year and that this approval wil\.not adversly affect the comprehensive General Plan and direct staff to prepare the appropriate resolution to be adopted by the Planning Commission at their next meeting. ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None Chairman Baderian noted that the five working-day appeal period would start after the adoption of the resolution. The resolution will be adopted on May lOth. Appeals are to be filed by May 18th. 3. PUBLIC HEARING TA 2005-03 Consideration of a text amendment to add anadrninistrative review process for Oak Tree encroachment by amending certain sections 'of Chapter 7, Article IX of the Arcadia Municipal Code: . The staff report was presented. In answer toa question by Commissioner Wen, Ms. Butler said that a hazardous tree is when it is blown over or affecting the foundation of the home, Generally, they are required to replace.it With another tree. Commissioner Olson said that if this was passed, the majority of the tree application would be done administratively and not require review by the Modification Committee. Arcadia City Planning ColIUllissjon 5 4/2615 . . The public hearing was opened. No one spoke' in favor of or in opposition to this item. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Hsu to close the public hearing. The motion passed by voice vote With no one dissenting. Commissioner Olson was in favor of the text amendment and said that it would help out citizens and reduce staff time, especially in light of the ,fact that applicantS Will still be required to provide arborist reports. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Lucas to recommend approval ofT A 2005-03 to the City Council. ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None CONSENT ITEMS 4. RESOLUTION NO. 1726 A resolution of the City of Arcadia, California, granting CUP 2005-05 and ADR 2004-022,.for an automobile service station With lubrication service at 3 E. Duarte Rd. Ms. Butlerread the titles of the resolution. MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Olson to adopt Resolution No. 1726 and to formally affIrm the decision of April 12; 2005 and the votes thereon. ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None Chairman Baderian noted that there is a five wooong-day appeal period after the adoption of the resolution. Appeals are to be filed by May 4th. 5. MINUTES OF 4/12/5 RECOMMENDATION: Approve Arcadia Cily Planning Commission 6 4126/5 . . MOTION: It was moved by Commissioner Hsu, seconded by CommissionerLilcas to approve the Minutes of 4/12/5 as published. ROLL CALI:, AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Commissioner Lucas wondered if multi-story entries are acceptable on the right house and Ms. Butler replied that in order to stay true to the architectura1 style of a home, some designs warrant. a two-story entry. The purpose of the code was to eliminate two-story entries on homes that were not the right architectura1 style. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Olson summarized the Modification Committee actions. MATTERS FROM STAFF 1. CITY COUNCIL ACTIONS 2. PLANNING COMMISSION AGENDA ITEMS Ms. Butler anticipated scheduling the study session to discuss single-family architectural design review on May 24tb. Chairman Baderian suggested beginning that meeting at 5:30. ADJOURNMENT 8:10 p.m. IslDonna Butler Secretary, Arcadia Planning Commission Arcadia City, Planning Commission 7 41261l