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HomeMy WebLinkAboutNOVEMBER 13, 2007 , " . . MlNUTES ARCADIA CITY PLANNING COMMIsSION Tuesday,November 13, 2007, 7:00P.M Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, November 13,2007 at 7:00 p.m., in the Cotmcil Chambers of the City of Arcadia, at 240 W.Huntington Drive, with Chairman Baderian presiding. ' PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: ABSENT: Commissioners Beranek, Hsu, Parrille and Baderian Baerg MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Parrille, to excuse Commissioner Baerg from tonight's meeting. The motion passed by voice vote with none dissenting. MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to read all Resolutions by title only and waive reading of the full body of the Resolution. Themotion passed by voice vote with none dissenting. OTHERS ATTENDING Community Development Administrator Jason Kruckeberg Associate Planner Steven Lee Senior Administrative AssistantBilIie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR mOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MA TIERS - Five-minute time limit per person Eric Liang and his mother, Agnes Liang, said they have lived in Arcadia for thirty years. In the last few years, Mrs. Liang has experienced a major drainage problem which they feel was caused by recently enacted zoning and building regulation changes. Mr. Liang said that after construction ofa new house on the property to the east, Mrs. Liang began to experience flooding and was forced to buy several pumps, often staying up all night when it was raining to guard against flooding of her property. Mrs. Liang's neighbor to the west began construction on a new house and flooding began again. The new neighbor agreed to pay for_ tfam~ge and build a barrier to Slow.ow ofwatef. Last year; , there was no construction and not much rain and the yard was. still flooding. Mr.Liang said that his mother consulted some professionals who told her that the neighbors on both sides hadbuilt.their homes and graded their properties to drain onto hers. Mrs. Liang has good relationships with both neighbors. The Liangsasked Don Stockham from the Building Department to inspect the property. Mr. Liang Said that Mr. Stockham confirmed that the drainage problem was caused by recent changes in.building codes and regulations and that although both neighbors had buih within code requirements, both properties were indeed draining into Mrs. Liang's yard. Mr: Liang said he and his mother were'appealingto the Commission to resolve this situation. Mr. Liang tbankedthe Commissioners for their attention and said he would be available to discuss the situation further. Mr. Kruckeberg said that he has discussed this situation with Mr. Stockham and that he would determine what options are available and relay the information to theLiangs. At.this point Commissioner Baerg joined the proceedings. PUBLIC HEARING ITEMS 1. PUBLIC HEARING CUP 06-16 12336 Lower Azusa Road WilliamChan (Revision to previously approved CUP) The. appliCant has'reCjuested a revision to a previously approved Conditional Use Permit to convert a 36,283 squarecfoot warehouse into a badminton club. The revision requested entails removal of the condition requiring that the applicant obtain use of the neighboring,businesses' parking spaces through recorded agreements. RESOLUTION NO. 1768 A Resolution of the Planning Commission of the City of Arcadia, California, modifying City Council Resoltuion No. 6593 to remove Conditions 4, 4.A, 4.B., and 6, which required recorded parking agreements to remain in full effect during the efectiveness of Conditional Use Permit No. CUP 06-16 for a badminton club and cortesponding parking Modification at 12336 Lower Azusa Road. Mr. Kruckeberg explained that this item was previously reviewed and approved by the Commission and subsequently appealed to the City Council. The City Council approved the item with the. addition of three conditions. The applicant was.not satisfied with some of the conditions and wished to pursue the matter further. Staff consulted with the City Attorney who determined ~this question should be referred to the Commission as it is a land use decision. Assistant Planner Lee presented the,staffreport. The public hearing was opened. PC MINUfES 11-13-07 Page 2 . . Commissioner Parrille questioned item I prohibiting large events which might draW a crowd. He asked how this could be monitored. Mr. Lee said that staff would monitor by conducting visits and starying alert to comments from neighboring business owners. Chairman Baderian pointed out that the initial deliberations and uhimate . recommendation included conditions 4, 4a and 4b which the City Council approved and, in addition, they included three more conditions. Mr. Williani Chan and Mr. Scott Cban, the applicants, said that the original parking study showed that 72. spaces were sufficient for the club use and they had an informal agreementwith their neighbors to occasionally use more. The neighbors, however, were reluctant to enter into a more formal arrangement. Chairman Baderian asked the applicants if they had read and understood the recommendations and conditions of approval in the staff report and they said that they had. Commissioner Hsu noted that the applicants had agreed not to host'largetournaments and Mr. William Chan confirmed this. Chairman Baderian asked if anyone wished to speak in opposition to the project. Mr. Joe Sposano, Mr. Alan Salvo and Mr. Joe Salvo, owners of neighboring businesses, expressed concern over the limited parking at the center, safety of their employees entering and exiting the center and circulating traffic within the lot. They asked if the number of open courts could be limited to ten on .business days till 6:00 pm. They also mentioned that they had discussed with the applicants the possiblitiy of a gate at the southwest comer of the property to stop cars.from circulating'arOlind the.lot. Chairman Baderian asked the applicant is they would like to speak in rebuttal. Mr. William Chan pointed out that most people will come to a badminton club .after work and suggested they open twelve courts until 5:00 pm and adjust the hours if necessary. Mr., . Scott Cban pointed out that the company previously occupying the building employed a staff of 100 and parking was adequate for them Therefore, he does not anticipate a parking problem. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Parrille, to close the public hearing. Without objection the public hearing was closed. PC MINUTES 11-1341 Page 3 Commissioner Big said that in light of the six month eew period that has already "/ been established he is not inclined to impose further restrictions. Commissioner Beranek pointed out that the traffic study concluded tbat there was enough parking and that he too was reluctant toiinpose further restrictions since the six month review period had already been established. Commissioner Hsu agreed and also said that the suggestion of a gate would requite further study. Commissioner Parrille agreed. Chairman Baderian said that the Commission reviewed the application in September and approved it with conditions 4; 4a and 4b. It was then reviewed by the City Colincil and they agreed with the decision of the Planning Commission and added three more conditions of approval. He said he is not comfortable withdrawing the conditions they already approved. Commissioner Beranek said that when the applicant decided not to conduct tournaments the conditions were no longer applicable. Commissioner Parrielle said that without tournaments the parking and security requriements change. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Parrille, to approve Cotulliional Use Pemiit06-16 subject to the conditions in the staff report and to adopt Resolution No. 1768. ROLL CALL: AYES: NOES: Commissioners Baerg, Beranek, Hsu and Parrille Baderian There isa five working day-appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.1O. on November 20, 2007. CONSENT ITEMS 2. RESOLUTION NO. 17~7 A ResOlution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit Application No. CUP 07-1 I to operate an after-school tutoring program within an existing church at 1741 S, BaldwinAvenue. RECOMMENDATION: Adopt PC MIN1JTES 11,13-07 Page 4 '.' MOTION: . . It was moved by Commissioner Beranek, seconded by Commissioner Hsu to adopt Resolution No. 1767, as submitted. ROLL CALL: AYES: NOES: ABSTAIN: Commissioners Baerg, Beranek, Hsu, and Baderian None Parrille There is a five working day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.rn. on November 20, 2007. 3. & 4. MINUTES OF OcrOBER 23, 2007 and MINUTES OF OcrOBER 30, 2007 SPECIAL MEETING RECOMMENDATION: Approve MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Parri1le to approve the minutes of October 23,.2007 and October 30, 2007 as submitted. ROLL CALL: AYES: NOES: ABSTAIN:. CommissionersBeranek,Hsu, ParrI1le and Baderian None Baerg 5. TIl\fEEXTENSION - TENTATIVE MAP APPLICATION NO. TM 63859 1020 W. Huntington Drive Hank Jong The applicant is requesting a one-year time extention on a Tentative Map for a six~unit residential condominium project. RECOMMENDAtiON: Approve MOTION: It was moved by Commissioner Parri1le, seconded by Commissioner Hsu, to approve a one year Time Extension for Tentative Map Application No. TM 63859. ROLL CALL: AYES: NOES: Commissioners Baerg, Beranek, Hsu,.Parri11eand Baderian None PC MINUTES 11-13-117 . Page s . . \ MA1TERS FROM CITY COUNCIL AND PLANNING COMMISSION None MODIFICATION COMMl1TEE MEETING ACTIONS Commissioner Parrille reported that MC 07-371 SF ADR 0745 was approved by the Modification Committee today. FURTHER MA'l n;KS FROM STAFF Mr. Kruckeberg reported that at the November 27 meeting a class from CalPolyWiIl present their findings from the land use review and swvey they have completed for the city. They are evaluating the downtown area, i.e., Huntington Drive and First Avenue and the Gold Line Station area, on a number of issues related to parking; land use, intensity of development, pedestrian traffic, etc. Mr. Kruckeberg told the Commissioners that staff will conduct interviews with three fIrms bidding on the General Plan Update tomorrow. Commissioner Beranek asked if there will be any trainingavailable.forthe Commissioners on the General Plan. Mr. Kruckeberg said that he is aware of a class at UCLA inJanuaryand that he will advise the Commissioners as classes become available. ADJOURNMENT 7:45 p.m. Is/Jason Kruckeberg Secretary, Arcadia Planning Commission PC MIN\.ITES 11-13-O7 Page 6 . . Verbatim transcription of portions of November 13, 2007 minutes of Planning Commission. meeting. Page I, last paragraph Eric Liang and his mother, Agnes Liang, said they have lived in Arcadia for thirty years. Mr. Liang said, "The reason we're here now is that my mother has a major drainage problem on her property that's, unfortunately, been caused by some of the changes in building or zoning regulations that have been enacted recently." Page 2, first paragraph Mr. Liang said, "We checked with Building Department where we spoke to Don . Stockham and asked him to look into it. He went to our property and he confirmed that the drainage problem was indeed caused by recent changes in building codes and regulations and that our neighbors' properties, although they were in compliance, were actuaIly draining directly into our yard. While Don was helpful he also said there was nothing more he could do which is why we are here today." Page 2, paragraph 6 Mr. Kruckeberg said, "Before we get into the Staff Report I wanted to just give you a little bit ofIdnd ofhousekeepmg of why this item is in front of you. As you remember, this item is 12336 Lower Azusa Badminton Club approved by the Commission some time ago. That case was subsequently appealed to the City Council. The City Council then also approved the case but added some conditions. The applicant, subsequent to that, had some issues with one or two of the conditions which are listed in the Staff Report and Steven Lee will go over that in a minute in the staff presentation. We.did then consult with the City Attorney on the proper method of bringing this revision back. It is a.little bit odd because we did have Resolutions from both the Planning Commission and the City Council and the City Council otTeredan opinion and, of course, made a decision and a Resolution on it. In this case, the City Attorney, because the items that were under revision, or request for revision, were not items that the City Council made a direct decision on, they were conditions that were in front of you, that were then carried in front of the City Council, because of that fact, the City Attorney directed that this revision or request revision would come back to you as it is a land use decision. You could then make a decision on it. That deciSion is again appealable if the applicant or anyone else who is aggrieved of the decision would like to appeal it again. That's the reason it is in front of you. It's a little bit different from what we typically work on butI just wanted to make that clear before we started the case."