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HomeMy WebLinkAboutOCTOBER 28, 2008 ~ . . ~ s MINUTES ARCADIA PLANNING COMMISSION Tuesday, October 28, 2008, 7:00 P.M, Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 28, 2008 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W, flnnrington Drive, with Chairman Beranek presiding. PLEDGE OF ALLEGIANCE led by Commissioner Baderian ROLL CALL: PRESENT: ABSENT: Commissioners Baderian, Baerg, Hsu, Panille and Beranek None OTHERS ATIENDING City Councilman Gary Kovacic Community Development Administrator Jim Kasama Associate Planner Tom Li Senior Administrative Assistant Billie Tone MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to read the ResolUtion by title only and waive reading the full text of the Resolution. Themotion passed by voice vote with none dissenting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama directed the Commissioners' attention to a memo regarding Zapata Vive Mexican Restaurant (Item I on the agenda) and a copy of an email message from a resident on the same subject. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNlNG COMMISSION ON NON-PUBLIC BEARING MA TIERS - Five-minute time limit per person None v . " . PUBLIC HEARING 1. CONDmONAL USE PERMIT NO. CUP 08-13 101 South First Avenue Jaime and Brenda Magdaleno (Lessee) The applicants are requesting a Conditional Use Permit to allow an eKisting restaurant (Zapata Vive Restaurant) to provide live entertainment for private social and civic functions on Friday, Saturday and Sunday from 5:00 p,m. to 11:00 p.m RESOLUTION NO. 17&2 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No, CUP 08-13 for an existing restaurant (Zapata Vive MeKican Restaurant) to provide live entertainment for private social and civic functions at 101 South First Avenue. Associate Planner Li presented the staff report. Commissioner Baderian asked Mr, Li to review the restaurant hours and explain the use of a sound meter. Mr. Li stated that special events would only be allowed from 5:00 to 11'00 p.m. on Friday and Saturday, and 5:00 to 1-:00 p.m, on SilIlday. Also, a Comedy Club will meet on the I" and 3rd Thursdays of each month from 7:00 to 9:00 p.m. He said that the noise level must be kept below 55 decibels, which can be measured with a sound meter by the Arcadia Police Department as.needed. Commissioner Hsu asked how long it would take to revoke the permit if the applicant is not in compliance. Mr. Kasarna said a cease and desist order could be issued at once. The public hearing was opened. Mr, Casey Hul~ attorney for applicants Jaime and Brenda Magdalena, said that he understood that Mr. Kovalik, a neighbor, had . sent an ernail message to the Commission withdrawing his opposition provided the conditions were met. Mr, Hull said that the applicants are willing to comply with all conditions, but questioned the suggestion that his clients purchase a sound meter because of the expense. He also asked for clarification of the term "dance events". Mr, Hull noted that the applicants initially allowed special events until 1 :00 a.m, but curtailed their hours due to complaints by the nearby residents. He suggested that because Bar Twist and First Cabin are actually closer to the residents they may be having a greater impact. Also, their customers are spilling onto Alta Street. Ms. Brenda Magdalena, owner/operator of the family restaurant since June 2006, said that her family knows and loves the city and contributes to many local charities, and they provide a venue for social, business and charitable events, Ms. Magdalena said that she understands and agrees to comply with the conditions of approval because they wish to stay in Arcadia for many years. PC MINU\"ES UI.~8 Page 2 f/ . . Commissioner Baderian asked the applicants how they plan to control the number of patrons attending these special events including the Comedy Club. Ms. Magdalena explained that each client will be required to sign a contract stating the number of guests that will attend their event and that contract will be enforced by restaurant management. Commissioner Hsu noted that the special events and the Comedy Club are already in operation and the applicant only wants to add music and dancing. Ms. Magdalena confirmed this statement. Chairman Beranek asked if there was anyone who wanted to speak m favor of the application, Mr, Scott Shimamoto, co-producer of Joke Gym, said he is also a local realtor. He noted that the applicants have been active supporters of the community through charitable events and fundraising and that the Comedy Club has been very successful in drawing talent. He asked the Commissioners to support the application, Ms. Yvonne Petty, past president of the American Cancer Society, thanked Zapata Vive for their outstanding support of the community. She said Zapata Vive .is an asset to the community and she urged the Commissioners to support their application. Mr. Ken Weldon stated that he is a meinber of the El Monte Police Department and that he has attended various meetings at Zapata Vive over the past three years. He pointed out that he never saw a need for a Police presence at the restaurant and he urged the Commissioners to, support the application, Chairman Beranek asked if anyone would like to speak in opposition to the project. Mr, Joe Kovalik, a neighbor, thanked the Commissioners for their consideration of his concerns. He said that he has no objection to a restaurant that , gives aide to cancer charities and recognizes that this is a desirable type of business for the community. He said that his only concern is that his family has been subjected to very loud music at late hours of the night. Mr. Kovalik said that if the business complies with the conditions of approval he would have no objections. Mr. Salem Wong, speaking on behalf of his neighbors and himself: said that they wished to express concern with the activity surrounding the restaurant. They are worried about crime in this residential area and Mr. Wong said that granting ofa license would require follow up to insure compliance. Chairman Beranek asked the applicant if they would like to speak in rebuttal to the opposition. Mr. Hull noted that there will not be any disco night types of events, and most events will be over by 1():00 and shut down by 11 :00 pm. He also pointed out that Mr. Wong's home is directly behind Bar Twist and First Cabin and that these businesses contribute to the situations he described. PC MINUI'ES lo-~8 Pase j . . MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to close the public hearing. Without objection the public hearing was closed. Commissioner Baderian expressed his appreciation to the applicants and residents for their willingness to consider options, He asked that city staff and Code Services employees monitor the restaurant for compliance with all conditions of approval and also for a status report to the Commission in six months. Commissioner Baerg asked what is a "dance event". He said that needs to be clarified. Commissioner Parrille agreed that Condition No. 2 needs to be expanded to define the term "dance events", which should not include dancing at social events, and that the comedy club activity should be distinguished from night club activity in the Resolution. Commissioner Baerg agreed, Commissioner Baderian said he felt it was important to clarify these points at this time so the applicant would know how to proceed. Mi. Kasama explained that dancing is not to be a primary event but that dancing in conjunction with a wedding party, birthday party, etc. would be acceptable and the reference to a night club did not include the comedy club since the comedy club was specifically addressed in the staff report. He said that the City Attorney would review the Resoiution and make sure that the wording of the Commissioners' revisions is okay. The final adopted Resolution will be presented for review at the next Planning Commission meeting, MOTION: It was moved by Commissioner Baderian, seconded Commissioner Hsu, to approve Conditional Use Permit No. CUP 08-13 and adopt Resolution No, 1782 subject to the conditions of approval in the staff report and Resolution as revised by the Commission. ROLL CALL: AYES: NOES: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek None There is a five working day appeal period. Appeals must be filed by November 4, 2008. PC MINUTES . 10-28-08 Page 4 . , . . CONSENT ITEMS 1. MINUTES OF ocrOBER 14, 1008 MOTION: It was moved by Commissioner Baderian, seconded Commissioner Hsu, to approve the minutes as presented. Since there were no objections the minutes were approved by voice vote as presented. MATI'ERSFROM CITY COUNCIL AND PLANNING COMMISSION Councilman Kovacic reported that the City Council adopted a 45-day moratorium on massage permits. There has been.a marked increase in the number of massage permits granted .in the last few years and there is someconcem that noUll are practicing legally. The45-day moratorium allows staff to study the issue and propose new regulations to prevent illegal activities or request additional time to study the issue. The Council extended a moratorium on marijuaila,dispensaries and no permits have been issued. After staff provided additional information, the Council tabled the discussion on the number of parking spaces for residential remodels or,new homes. because of the difficulty of defining bedioorns. The matter may be bought back on a future agenda. Finally, the Breeders Cup weekend was a huge success. The Racetrack and the City were presented in a very positive light. We will be having the Breeders Cup again next year as well. MODIFICATION COMMI1TEE MEETING ACTIONS Commissioner Parrille reported that two items were approved and a third item will have to be resubmitted as the applicant proposed additional squareJootage. FURTHER MATTERS FROM STAFF None ADJOURNED TO NOVEMBER15, 1008 7:50 D.m Is/Jim Kasarna Secretary, Arcadia Planning Commission PC MINUTES !Q..zS:Os Page S