HomeMy WebLinkAboutDECEMBER 9, 2008
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MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, December 9, 2008, 7:00 P.M.
Arcadia City Council Chambers
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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'--
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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,
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MOTION:
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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.
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ROLL CALL:
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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.
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The public hearin!as opened.
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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.
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ROLL CALL:
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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.
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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.
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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.
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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
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