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HomeMy WebLinkAboutJANUARY 11, 2005 . @) . MINUTES . Arcadia City Planning Commission Tnesday, JlUI1Iary 11, 2005 7:00 pom. in the An:adia City Coundl Chambers PLEDGE OF ALLEGIANCE The Planning Commission of the City of Arcadia met in regular session on Tuesday, January 11,2005 at 7:00 p,m, in the Arcadia Council Chambers of the City of Arcadia, at 240 W, Huntington Or, with Chairman Baderian presiding, ROLL CALL: PRESENT: ABSENT: Commissioners Hsu, Lucas, Olson, Wen, Baderian None OTHERS A'ITENDING Community Development Administrator Donna Butler Associate Planner Joseph Lambert Senior Administrative Assistant SilvaVergel SUl'PLEMENTAL 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 MATfERS (5 MINUTE LIMIT PER PERSON) None 1. PUBLIC HEARING TM 62342 57 Alice St. Hank Jong Consideration ora tentative map for an 8-unit residential condominium and a commercial unit project, u, The staffreport was presented and the public hearing was opened, Eddie Khom, 11823 Slauson Ave,. Santa Fe Springs, said 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 Olson to close the public hearing, The motion passed by voice vote with no one dissenting, . . MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Lucas to approve TM 62342 subject to the condition in the staff report, ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None Chairman Baderian noted that there is a teo-day appeal period, Appeals are to be filed by Monday, January 24,2005, Chairman Baderian noted that he resides within 500' of the subject property, This is an existing CUP and as a result he will participate in discussion, 2. PUBLIC BEARING CUP 2002-008 5 W, Foothill Blvd, John Nahas Consideration of a revision to an existing Conditional Use Permit to allow a 20' high free- standing sign in lieu of 8'-0", The staff report was presented, In response to a question by Commissioner Wen, Mr, Lambert indicated that there are a few signs in the City that are over 8' high, these are Rusnak whicb has a 17' high sign and Westfield's has a few monument signs, Ms, Butler added that Rusnak: was approved for a 17' bigh sign and a second sign that is 9' high buttbe size of their property; 4 acres, is not comparable to the subject site, Their 17' high sign is low profile and very attractive and has the Mercedes logo and Ruzoak's name is below the logo, It is more of an arcbitectural statement without too mucb wording, On the other hand, Westfield's property sizeis over 80 acres and their signs are facing Baldwin.Ave, and another one at Huntington Dr, She indicated that they have also'recently been approved for two tenant signs along both streets, In reply to a question by Commissioner Wen, Ms, Butler explained that there have been no new projects that have been approved for this type of a sign, Mr. Lambert enumerated the .recent projects that were approved ,or constructed that.included a sign. In response to a Q?mment by Commissioner Hsu, Ms, BUtler indicated that the proposed sign would not create a visual problem, The public hearing was opened, An:adia City Planning Commission 2 1/1115 . . George Fasching, 1451 Oaklawn Rd" said he was representing Mr, John Nahas the owner and operator of this business, He indicated that he has the support of the Arcadia Chamber of Commerce who is in favor of the 20' high sign. He pointed out that city ordinances permit a 25' high pole sign at this location, yet the architectural design review process is discouraging it. He quoted several phrases from a letter received by the City, which in part stated that it is staff's opinion that the maximum height of the pylon sign should not exceed 12' and this was based upon the approval of a sign at Rusnak and the new signs at Westfield Shoppingtown, He wondered why Rusnak is able to have a 17' tall sign but they are being limited to I2'? He said the letter explained that the height limitation was due to the lot size but based upon his knowledge size of signs are based upon street frontage, The signs at Westfield are brightly illuminated and visible from far away, He was concerned that some businesses are being favored and given special treatment, He explained that a gas station sells gas and does not enjoy the benefit of advertisement ,like Rusnak where the cars are lined up along the street asweU as the 19 light poles, which bare their name, A gas station needs a sign to post the price of the gas, He felt they are unable to effectively advertise the price of the gas, due to the lack of adequate signage, He also pointed out the various signs at the racetrack, which attract attention, He explained that he did not object to any of these signs but was merely pointing it out that there are signs in the City that exceed the 12' height and they are only asking the Planning Commission to be fair and grant them their request so they can be competitive, Mr, Fasching went on to say that at the public hearing in 2002, Mr, Nahas was advised by the Arco representative not to make an issue of the height of the sign because they were more concerned with the hours of operation. He reminded the Planning Commission that the City is working on amending the sign regulations and the Chamber is in support of the existing regulations and has encouraged the City not to make any changes, With regard to the 126 sq, ft, sign per face, he explained that this would allow them to put the Arco logo, He noted that without the 25' high sign they would be unable to adequately identity themselves, He indicated that just a few blocks from the subject property, there are several signs that are in existence, This sign is extremely important to the survival of this business. They are complying with all Cl.IITent code requirements and feel. this should be approved, There has been a reduction in business since the station was remodeled and he attributed that to the lack of adequate signage, The proposed 12' sign is unreasonable and will not be fiuitful for Mr, Nahas, He also mentioned that if the 12' sign were approved, Arco would not participate in paying for the sign, since it is not a standard size, Commissioner Olson asked why they would be against the 12' sign since it would be more than twice the size of the existing 5'-6" sign? Mr, Fasching replied that it is too small. Arco has standard size signs and the 12' high sign would not be one, neither would the 8' high sign, This station enjoyed a 25' sign for'many years.and they are just requesting that same size, In answer to a question by Commissioner Wen, Mr, Fasching stated that they would like to convert the pole sign to a pylon sign, which is architectural1y more pleasing, The intent of this sign is not to encourage freeway traffic because they are far from the freeway, Their customers are complaining that they cannot adequately see the price of gas with the existing sign and are asking them to provide the customers with a sign that makes it easier for them, He stated that in their business, the customer is looking for price and brand; the two important components of selling gas, NancyDom, 1410 RanchoRd" said they are the owners of8 E, Foothill Blvd, She stated that they were upset that their neighborhood, which abuts this commercial property, was not notified when they were going to remodel it, She was disappointed that their voices were not heard, especially when this use has Arcadia City Planning eo.a...;..;... 3 11111' . . a great impact on their neighborlIood, They found out about the remodel when trucks began coming there, which was already too late for them to voice their opinions, Even though many people were outside of the required radius to be notified, they should have been formally informed, This is a small lot, She disliked the neon lights, which required a modification as well as the removal ora mature oak tree and felt that they have already received enough variances and should not be granted any more, The signage illuminates their neighborlIood, The proposed sign will not enhance the area and is not needed because commuters will not come here from the freeway, Gary Dorn, 1410 Rancho Rd" Chairman of the Santa Anita Oaks Architectural Review Board, was shocked that this was put up without any consideration or thought to the neighbors, This is a successful business and people will be able to find them, Their business has not been reduced, thus, there is no reason for a change, In rebuttal, Mr, Fasching clarified that their intent is not to attract freeway traffic, He added that he resides in the Santa Anita Oaks Homeowners Association and has personally received complaintS from residents of the area that the signage is inadequate and difficult to read, 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, Commissioner,Hsu said he drove by the station and felt the eXisting sign is attractive and in his opinion visibility is not an issue, Commissioner Wen felt that visibility is not the.issue here but price is determining factor, He drives by this station daily and thought their business was strong, If they have lost business it is as a result of the increased price of gas and not the lack of visibility from the sign, Customers will return if the price is right He went on to say that all businesses, small or large, ,should be treated equally and fairly, unless the sign is out of proportion, He was concerned with the 126 sq, ft, per sign face but did not object to the height of the sign and in an effort to be fair; he was even in agreement with allowing them to have a 17' sign, as long as it is aesthetically pleasing, Commissioner Lucas said the subject pole signs are for the benefit of those looking for the pricing of the product: If they were'to keep it at the standard size, which is between-5'-7' ,then it would not be in keeping with other similar signs, He thought they should approve a larger sign so this location'will be in keeping with other service stations, He justified that by saying there are several of these types of signs along Santa Anita Ave, He said that it seemed unfair for some businesses to construct up to the sidewalk and the be able to put their signs on the building, which in some cases would exceed the 25' due to the nature of the building. Signage should take into consideration,the type of building and use, One type of a use should not be unfairly at a disadvantage due to being a lesser dense use, TheRusnak sign is appropriate for the type of structure and property similar to the subject use, He thought there were a lot of similarities and the proposed sign is appropriate for the site, An:adia City P1anuiog Commission 4 IIIVS . . Commissioner Olson said that he visited the site and could easily read the sign. What staff is proposing is more than twice the size of the existing sign, He was on the Planning Commission when the original CUP was being heard and the Planning Commission spent a considerable amount of time discussing all aspects of the project, including the neon lights and how the project would impact the neighborhood, They looked at it thoroughly and did keep the neighbors in mind even though they were not all notified, Staff has spent an iRCTedible amount of time on this project to ensure that it would not have a negative impact on the neighborhood, Chairman Baderian remarked that the Planning Commission approved an 8' high sign and the applicant chose to have one S' -6", He indicated that it was the applicant's choice to construct a smaller sign, He did not think that the increase from what staff has recommended to Rusnak's signs, 12' to 17', is much of a difference and would have that great of an impact, He was in agreement with Commissioner Olson. The City is trying to put a ceiling on signs and that is understandable, The sign height, as recommended by staJ:'f; would be more than twice what exists, which is reasonable, He was also in agreement with staft"s recommendation of 100 sq, ft, per sign area per face, He was not convinced based upon the testimony that a 20' high sign is justified, Commissioner Wen felt that they should be approved for a 17' high sign, because there is another one already approved at that height, Commissioner Olson said that regulations change with time, Itis possible that something was allowable a few years ago but now it is not because it is not architecturally pleasing, Using the reasoning that because someone else has it, therefore, another one should be allowed to have is not a good justification for permitting something, They have to draw the line and have a cap" He did not want to take away from the business but he felt the sign should be pleasing to the eye, He concluded that this is after all a residential area without freeway visibility, Commissioner Hsu concurred with both the staff report and Commissioner Olson, He thought that 12' is more than adequate to display pricing and that to have sign higher would be inappropriate, Chairman Baderian said their actions tonight would have far reaching implications for the.future of the community, It has always been the desire of this body to be consistent, Rusnak's sign is 17' high due to the property size and the same applies to the mall. He thought they should be consistent and come up with a good recommendation that could also apply to future projects because tonight's action will be setting a precedent and affect future projects, Commissioner, Lucas remarked that being consistent comes from the dutiful consideration ofeach parcel. and circumstances, Consistency may not be the same for every property but comes, from due diligence that applies to each unique property, ' MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Wen to amend CUP 2002- 008, and approve a freestanding sign not to exceed 17' in height and a 1 OOsq, ft, of sign area per sign face, ROLL CALL: An:adia City I'J.umiDg CoomDIsion 5 111115 . . AYES: NOES: Commissioners Lucas, Olson, Wen,Baderian Commissioner Hsu Chairman Baderian noted that there is a five working day appeal period after the adoption of the resolution, The resolution will be adopted on February 8, 2005, Appeals are to be filed by February 151h, 3. PUBLIC HEARING CUP 2004-015 1012 S, Baldwin Ave" #B Cheyenne Chen representing LA Institute Consideration of a conditional use permit for a tutoring center with 12 students' in an existing 1,200 sq, ft, commerCial unit. 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 continue CUP 2004- 015 to a date uncertain, which will be established in the future and that public hearing notices should be mailed indicating the new date, ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None Commissioner Hsu abstained from this item due to his association with the applicant, 3. PUBLIC HEARING CUP 200>001 655 W, Duarte Rd" #B Tien Chu Consideration of a conditional use permit. to allow a teahouse with seating for 8 patrons within an existing commercial shopping,center, The staff report was presented, Chairman Baderian wondered if a parking study was done in association with this request and Mr, Lambert replied that this was requested of the applicant but one was never submitted, However,based on staff's inspections and familiarity with the site, the center is impacted with traffic and there is a parking shortage, especially, in the vicinity of this use. There-is usually no parking available, TypicaUy, the parking is less utilized before 10:00 am, He noted that they are requesting seating for 8 but there is a patio area, which could accommodate more seating, He further explained that based on the Building Code and the square footage of the unit, they could safely accommodate 30 people, However, the parking is based upon square footage, Stafffelt that it would be difficult to enforce this use, An:adia City Planning Commissioll 6 111115 . . Mr, Lambert went on to say that the parking requirements takes gross square fuotage into consideration. The parking requirement for this area is 10/1000 sq, ft, In an effort to mitigate the impact of the use to the center, the. applicant proposed fewer seats, According to the Building Code, if there were infinite number of parking spaces, they could have had seating for 30 patrons, He indicated that there is a lot of open space and they could add tables and chairs and if staff is not actively enforcing this it could become a problem, He explained how the parking deficiency was calculated and provided a brief history of the various tenants that occupied this site, The proposed use would be allowed on this site without any seats, Many of the restaurants and CUPs for intense uses were approved for this location when the market site was vacant and parking was not an issue, Ms, Butler indicated that most of the uses were already there prior to the operation of the market, This center has been depressed for many years, When they evaluated these uses, they were allowed to go in because of the availability of parking, When the market came in it became a successful center and that has hurt the chances of other eating establishments to go here, Adding another eating establishment would make the situation worse, especially at the ,subject comer, Staff does not want to compound the existing parking deficiency of this busy center, Ms, Butler went on to say that a retail business is permitted here by right but hoc"'""" they want to add seating they are subject to a CUP, Even though they are only requesting seating for 8 patrons, they could accommodate more and that would be difficult to regulate, She indicated that the parking lot was recently restriped to comply with current code, which made the parking more efficient. The public hearing was opened, Tien Chu., 3354 E, Colorado Blvd, Pasadena, submitted a parking survey, He indicated that this is not a restaurant, even though there are seats, He,realized that,some areas of the parking lot are busy at times, but in this particular area, there is always parking available, This business will not be generating traffic like other restaurants might, Nonnan Ramintuan, 10612 Shoemaker Ave" Santa Fe Springs, representing,Boba Loca said that he is the Fi'anchise Development Coordinator, They are a coffeeltea shop catering mostly to the Asian community, He realized that this is a successful center, Their hours will be from 10:00 a.m, to midnight, 7-days a week. There are times that there is an abundance of parking; during the, morning and before lunch, The peak time for the center is during lunch hours, They anticipate that their customers will shop at the market and stop there just to buy a drink and leave, It will be mostly "take-out" , approximately 7()"80"1o, and will not be providing any food, Customers will come in, put in their order and once they get it, they will leave, They will have packaged desserts, During the daytime and early evening hours most of their customers are adults and during nights, their customers are younger; late teens and twenties, This will not be a sit dowo restaurant, They will have small tables, Chairman Baderian wondered if they would have customers who come in late at night, considering that would be mostly "take-out" and Mr, Ramintuan replied that customers do come in late at night, Andy Liu, 9051 Duarte Rd" San Gabriel said that he has been involved with this site and is happy to see it is successful. He indicated that the busiest time is between 5:30 p,m, and 6:30 p,m, when parents are picking up and dropping off their children from the tutoring facility, The center can also get busy on weekends, There is no other similar use at this center, Arcadia City Planning Commission 7 1/\1/$ . . Chainnan Baderiar! noted that the parking study that was submitted did not have a parking count for the times mentioned by Mr, Liu, No one else'spoke in favor of or in opposition to this item, MOTION: It was moved by Commissioner Olson, seconded by Commissioner Wen to close the public hearing, The motion passed by voice vote with no one dissenting. Commissioner Wen said that this is the type of an establishment where it becomes a hangout for youngsters, He has visited this site on numerous occasions, He was concerned about the security in the area, He asked if the Police Department reviewed this request and suggested asking for security if they approve this use, Mr, Lambert replied that the Police Department had not reviewed the proposal, In reply to a question by Commissioner Lu~ he indicatedthat this process allows a thorough review ofprojects, Ms, Butler said that there were issues in the past with the computer game arcade but that problem has been resolved, Police input was not sought due to limited seating, She suggested to the Planning Commission that if they chose, to approve the request, they should prohibit any outdoor seating, Commissioner Lucas indicated that there is a discrepancy with regard to the parking from what the applicant has indicated and staff has observed and he thought that whenever they are in doubt, they should go to an independent source for the parking survey, Ms, Butler responded that the parking survey does not include weekends and fails to show where the available parking is in the center. She felt this parking survey could be improved upon and does not provide a clear and concise picture of the existing situation, A good parking survey would indicate parking during various times ofthe day, including weekends, for several days and indicate the location of the available parking. Chainnan Baderian was concerned that the parking survey did not include the weekends, In reply to a question by the Commission, Ms, Butler indicated that they would not need a CUP if the use was "take-out" only but.because they are requesting seating, they must go through this process, A "take-out" business is considered a retail establishment, She indicated that some take-out businesses are much more intense than others but Code does not differentiate between take-out and a retail business, There is absolutely no seating in a "take-out" type business, Patrons come in place in their order and leave after getting the food, There is nothing in the facility that encourages sitting down and consuming the food, in this case tea or coffee, But, as soon as seats are brought in, the business becomes an eating establishment Mr, Lambert explained that they would need a CUP if they remain open more than 16-hours a day, stay open after midnight and are located within 150' ofresidential properties, Arcadia Cily PIannillg c.......;..;.m 8 ViliS . . Chairman Baderian asked Me, Chu if the applicant would be in agreement with just having "take-out" and Me, Chu, after talking with the applicant, indicated that they would like to have the 8-seats, Commissioner Qlson indicated that seating would encourage people to sit and will intensify and exacerbate the parking, He was in agreement with staff's recommendation and had a problem with approving the use knowing the existing parking situation, MOTION: It was moved by Commissioner Olson, seconded by Commissioner Lucas to deny CUP 2005- 001 subject to the conditions in the staff report, ROLL CALL: AYES: NOES: ABSTAIN: Commissioners Lucas, Olson, Wen, Baderian None Commissioner Hsu Chairman Baderian noted that there is a five working day appeal period after the adoption of the resolution, The resolution will be.adopted on February 8, 2005, Appeals are to be filed by February 1511>, , CONSENT ITEMS 5. MINUTES OF 12/14/4 RECOMMENDATION: Approve MOTION: It was moved by Commissioner Olson, seconded by Commissioner Lucas to approve the Minutes of 11/9/4 as amended, ROLL CALL: AYES: NOES: Commissioners Hsu, Lucas, Olson, Wen, Baderian None MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION None MATTERS FROM STAFF 1. CITY COUNCIL ACTIONS 2, PLANNING COMMISSION AGENDA ITEMS None Arca<lia Cily Planning Commission 9 1111" . ADJOURN TO FEBRUARY 8, 2005 Arcadia Cily P1anning Commission . 9:00 p,m, /slDonna Butler Secretary. Arcadia Planning Commission 10 1111/5