Loading...
HomeMy WebLinkAboutDECEMBER 9, 2008 I) . MINUTES ARCADIA PLANNING COMMISSION Tuesday, December 9, 2008, 7:00 P.M. Arcadia City Council Chambers . The Planning Commission of the City of Arcadia met in regular session on Tuesday, December 9, 2008 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with Chairman Beranek presiding. PLEDGE OF ALLEGIANCE led by Commissioner Hsu ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Hsu and Beranek ABSENT: Commissioner Parrille OTHERS ATI'ENDING Community Development Administrator Jim Kasama Senior Planner Lisa Flores Associate Planner Tom Li Assistant Planner Steven Lee Senior Administrative Assistant Billie Tone MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to excuse Commissioner Parrille from the meeting. The motion passed by voice vote with none dissenting. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian, to read the Resolutions by title only and waive reading the full text of the Resolutions. The motion passed by voice vote with none dissenting. 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 MATI'ERS - Five-minute time limit per person None PUBUC HEARINGf'-- . 1. MODIFICATION NO. MC 08-42 - Continued from November 25,2008 7] 5 S. First Ave.l57 Alice St. Twen Ma (Architect) The applicant is requesting a Modification for 34 on-site commercial parking spaces in lieu of 38 spaces required to allow a 2,550 square-foot dentai office in a general office space within a newly constructed mixed-use building. Associate Planner Thomas Li presented the staff report. Commissioner Baderian asked ifit is necessary for none of the findings to be satisfied for the Commission to deny the project. Mr. Kasama explained that there is grounds for denial when the proposal cannot satisfY any of the findings. Commissioner Baerg asked if street parking is taken into consideration when staff calculates parking requirements. Mr. Li said that only on-site parking is used in the calculations. Commissioner Hsu asked if the square footage of common areas is included in staffs formula and Mr. Li said that it is because it is partofthe gross floor area of the building. Commissioner Baerg asked if there are other tenants in the building at this time. Mr. Li said this is the first prospective commercial tenant but that there are three residential units.in the building thathe believes are occupied at this time. The public hearing was opened. Mr. Twen Ma, the architect on the project, distributed the Building Code section on gross area and net area to the Commissioners. He discussed the methods used by the City for calculating gross square footage and noted that other cities use a different method. Mr. Ma suggested that the City's metbod requires modification. Mr. Ma said that the building was completed six months ago and they have met the requirement for securing an appropriate improvement. Mr. Ma said that since the building is on a comer. there is a lot of curbside parking and asked if this could be given consideration. Ms. Rosie Vent, a realtor, said that the prospective tenant is Dr. Eem, a dentist, who wants to open her own practice. Dr. Eem specializes in pediatric dentistry and she is planning to have only two or three assistants. They do not expect to generate a lot of traffic. Chairman Beranek asked if anyone else would like to speak in favor of the project. There were DOne. Chairman Beranek asked if anyone would like to speak in opposition to the project. There were none, PC MIN1JTES J2.9'()8 Page 2 MOTION: . . It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to close the public hearing. Without objection the public hearing was closed. Commissioner Hsu said that a1though.he is sympathetic to the applicant he is concerned about the parking situation. He asked if the number of occupants at one time could be restricted. Commissioner Baerg noted that this is the only prospective commercial tenant in the building at present and he asked if a condition could be applied to address the parking issues if the building is fully occupied in the future and parking needs change. Commissioner Baderian said that there is no change in staff's recommendation for denial. He pointed out that the present proposal is for only one dentist but that in the future the addition of other tenants could cause a hardship. Commissioner Baderian said he understands that other cities have different regulations but that does not convince him to ignore staff's recommendation for denial Chairman Beranek said that staff must follow regulations but the Planning Commission is charged with bringing "reality" to issues. He pointed out that parking is deficient by only four spaces and noted thafhe is in favor of approval. Mr. Kasama said that an approval could include a condition that the practice be limited to a sole practitioner, but he also pointed out that the dentist could easily see several patients at onetime and that the office staff would also need parking. Commissioner Baderian asked if the proposed dentist were to leave and be replaced with a dentist for adults, would they be required to obtain a new permit. Commissioner Baerg asked if conditions of approval could limit the practice to this specific tenant for this specific use. Mr. Kasama said the conditions could narrowly define the practice but not the person. Commissioner Baderian said he could approve the application if conditions can be imposed to address the lack of four parking. spaces. CommissionerHsu said he will vote for approval under the condition that the space is rented to only one pediatric dentist. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg, to approve Modification No. MC08-42 subject to the conditions that the use is limited to a sole- practitioner and a pediatric dental practice. PC MINUTES 12~8 Page 3 ROLL CALL: . . AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu and Beranek None Commissioner Panille 2. TEXT AMENDMENT NO. TA 08-05 - Continued from November 25, 2008 Citywide Staifis proposing to.amend the City's Architectural Design Review Regulations and update the Singll>-Family Residential Design Guidelines. Senior Planner, Lisa Flores, and Assistant Planner, Steven Lee, presented the staffreport. The public hearing was opened. Chairman Beranek asked if there was anyone who wanted to speak on this application. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public hearing. Without objection the public hearing was closed. Commissioner Baderian said that he was pleased to see that the package had been reviewed by the Homeowners' Associations. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve Text Amendment No. T A 08-05 and refer it to the City Council for consideration. . ROLLCALL: AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu and Beranek None Commissioner Parrille 3. CONDmONAL USE PERMIT NO. CUP 08-15 921 S. Baldwin Ave., Units G & H Terence Kwok (Architect) The applicant is requesting a Conditional Use Permit and parking modification to expand an existing eating establishment into an adjacent unit for a combined floor area of 1,971 square feet with. seating for 40 patrons. The staff report was presented by Assistant Planner, Steven Lee. PC MINIITES 12:9-08 Page 4 The public hearin!as opened. . Commissioner Baderian noted that Unit A has approval for only eight seats but actually has over 40. If in fact they had only eight seats, he asked if there would still be a deficiency. Mr. Lee explained that parking requirements for restaurants are based on floor area not the number of chairs so even if they reduced the number of seats to the eight that are allowed, there would still be a parking deficiency, Commissioner Baderian asked Mr. Kwok, the architect on the project, if he had reviewed the conditions ofapprovaJ and would comply with all conditions. Mr. Kwok said he would. Chairmail Beranek asked if there was anyone else who wanted to speak in favor of the application. Mary, the owner of the Dumpling House restaurant, only recently found out that her restaurant is only allowed eight seats. She said she submitted an application today to increase this number and asked the Commissioners to consider this when making their decision. Chairman Beranek said that this issue cannot be taken into conSideration now but will have to be reviewed when it is presented to the Commission. Chairman Beranek asked if anyone would like to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner.Hsu, to close the public hearing. Without objection the public hearing was closed. Commissioner'Baderian pointed out that there is a potential deficiency of 25 spaces even if all businesses at the center comply with their Conditional Use Permits. He stated that. he cannot knowingly contribute to this deficiency. Commissioner Baerg said he felt that this application should be considered at the same meeting with the Conditional Use Permit for the Dumpling House to insure uniformity at the site. Commissioner Hsu said that he is familiar with the location and that it is grossly deficient in parking spaces. He said he agrees with Commissioner Baerg's suggestion. MOTION: It was moved by Commissioner Baerg, seconded by Commissioner Hsu, to continue Conditional Use Permit No. CUP 08-15 to the January 27,2009, meeting. PC MINVfES 12-9.08 PageS ROLL CALL: . . AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu and Beranek None Commissioner Parrille 4. CONDmONAL USE PERMIT NO. CUP 08-16 AR(;wn;CTURAL DESIGN REVIEW NO. ADR 08-25 21 E. Huntington Dr. Bedros Darkjian (Lessee) The applicant is requesting a Conditional Use Permit and Architectural Design Review to add a permanent cover to an existing 875 square-foot second floor deck, and to expand their entertainment permit to also allow live-entertainment and dancing on the second floor. Chairman Beranek excused liimself because of a conflict of interest. and left the chambers. Commissioner Baderian chaired the proceedings. Associate Planner Tom Li presented.the staff report. The public hearing was opened. Mr. Darkjian said that the main issues are the patio cover and entertainment. He noted that the patio cover has been designed in accordance with the design guidelines and that.heis not aware of any objectipn to it. He said the proposed entertainment will be presented inside the building only although there will be a speaker outside. Commissioner Baderian asked if Mr. Darkjian had seen the letters of opposition and Mr. Darkjian said that he.had. Chairman Beranek asked if there was anyone else who wanted to speak in favor of the application. There were none. Chairman Beranek asked if anyone would like to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg, to close the public hearing. Without objection the public hearing was closed. Commissioner Baerg.noted that Condition no. 6 permits outdoor entertainment but Mr. Kasama pointed out that another condition does not allow amplified sound outdoors. Commissioner Baderian asked Mr. Darkjian to confirm that there will be no dancing outdoors and Mr. Darkjian agreed. PC MJNUrES 12-9'08 Page 6 Commissioner .an said that the phrase "with the .tion of belly dancers" should be deleted from condition number 3. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg, to approve Conditional Use Permit No. CUP 08-16 and Architectural Design Review No. ADR 08-25 subject to the conditions of approval in the staff report as modified by the Commission. ROLL CALL: AYES: NOES: ABSENT: ABSTAIN: Commissioners Baderian, Baerg and Hsu None Commissioner Parrille Chairman Beranek A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There is a five working day appeal period after the adoption of the Resolution. 5. CONDmONAL USE PERMIT NO. CUP 08-17 1038-1088 S. Baldwin Ave. Frank Yang (onbehaIfofTripod Properties LLC) The applicant is requesting a revision to a previously approved Conditional Use Permit and parking modification (CUP 03-06/ResrilutioD No. 1694) for a 3,300 square-foot restaurant and 5,130 square-foot bank with a 64-space shared-parking area. The applicant is requesting to modify the number of parking spaces designated for exclusive use by the bank from five (5) to forty (40). The staff report was presented by Assistant Planner Steven Lee. The public hearing was opened. Mr. C. F. Yong, the architect of the project, said that the original Conditional Use Permit allowed five spaces for use by ATM customers and the applicant will appreciate ten more spaces. The Commissioners asked Mr. Lee to clarify the nuniber of parking spaces that would be available to AIM customers if the application is approved. Mr. Lee said there would be a total of ten spaces. Chairman Beranek asked if there was anyone else who wanted to speak in favor of the application. Mr. Jordan Cohen, an attorney with Wells Fargo, offered to answer questions regarding the parking requirements of Wells Fargo. He explained that the lease agreement between the landlord and Wells Fargo was made before the restaurant was built and. at that time forty spaces were designated for bank customers. Mr. Cohen said that the landlord is trying to honor the lease agreement by designating 40 spaces for the bank. PC MINtJfES 12-9-08 Page 7 . . Chairman Beranek asked if anyone would like to speak: in opposition to the project. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public hearing. Without objection the public hearing was closed. Commissioner Baderian asked if approval would mean that the bank would be notified that they cannot mark 40 spaces exclusively. for the use of their customers. Mr. Kasama confirmed this. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to approve Conditional Use Permit No. CUP 08-17 subject to the conditions of approval in the staff report. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu, and Beranek None Commissioner Parrille CONSENT ITEMS 6. RESOLUTION NO. 1784 A Resolution of the Planning Commission of the City of Arcadia, California, denying Conditional Use Permit Application No. CUP 08-05 and the related parking modification to allow an existing 2,390 square-foot cafe and yogurt shop to add seating for 18 patrons at 643 W. Duarte Road. 7. RESOLUTION NO. 1785 A Resolution of the Planning. Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 08-11 for a 3,505 square-foot learning center with a maximum enrollment of6O students at 1201 S. Baldwin Avenue 8. MINUTES OF NOVEMBER 25, 2008 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to adopt Resolutions 1784 and 1785 and to approve the minutes as presented. PC MINU'fES 12.9.Q8 Page 8 Without objecti.solutions 1784 and 1785 and the nme were approved by voice vote as presented. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION There was nothing reported. MODmCATION COMMITTEE MEETING ACTIONS There was no Modification Committee meeting today. FURTHER MATTERS FROM STAFF Mr. Kasamareminded the Commissioners of the Commissioners' dinner. on January 8, 2009. He also said there are no meetings on December 23 and offered best wishes for the holidays. ADJOURNED to JANUARY 13, 2009 8:15 p.rn. Is/Jim Kasama Secretary, Arcadia Planning Commission PC M1N1JfES 12.9.08 Pag.9