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HomeMy WebLinkAbout01-27-09MINUTES ARCADIA PLANNING COMMISSION Tuesday, Jatiuary 27, 2009, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, January 27, 2009 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 ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek ABSENT: None OTHERS ATTENDING City Councilman Gary Kovacic City Attorney Steve Deitsch Development Services Director Jason Kruckeberg City Engineer Phil Wray Community Development Administrator Jim Kasama Associate Planner Tom Li Assistant Planner Steven Lee Senior Administrative Assistant Billie Tone MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to read the Resolution by title only and waive reading the full text of the Resolution. The motion passed by voice vote with none dissenting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Chairman Beranek asked Mr. Deitsch to explain the process for reviewing Items 1 and 2. These items will be reviewed together since they are interrelated, both in the same shopping cemer and both applying for a Conditional Use Permit for a restaurant. Mr. Deitsch advised that the staff reports should be read consecutively and then the Public Hearing opened followed by the decision. Mr. Kasama noted that each Commissioner had a letter from Mr. Vince Vargas regarding Text Amendment 09-Oi, item 3. TIME RESERVED FOR THOSE IN !THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS -Five-minute time limit per person None PUBLIC HEARINGS 1. CONDITIONAL USE PERMITNO. CUP 08-15 (Continued from December 9, 2008 and January 13, 2009) 921 S. Baldwin Avenue, Units G & H (dba Happy Blues Crab) Terence Kwok (Architect) The applicarn is requesting a Conditional Use Permit to expand an existing eating establishment into an adjacent unit to create a 1,971 square foot dine-in restaurarn with beer and wine service and seating for 40 patrons. 2. CONDITIONAL USE PERMIT NO. CUP 08-19 921 S. Baldwin Avenue, Unit A (dba Dumpling House) Terence Kwok (Architect) The applicant is requesting a revision to a previously approved Conditional Use Permit and parking modification (CUP 94-O1 / Resolution- No. 1508) for a ,1,376 square-foot eating establishment with seating for eight (8) patrons. The applicant is requesting to increase the number of permitted seats from eight (8) to thirty-seven (37). Assistant Planner Steven Lee presented the staff report for both Items 1 and 2. Mr. Lee added that the City Attorney recommends revised wording for Condition 3 as follows: "The approval of CUP 08-15 or 08-19 includes a Parking Modification to allow 50 spaces in lieu of 75 required for the cortrmercial center in which the subject use is located. This Pazking Modification is approved only for purposes of allowing the specific use approved by CUP 08-15 or 08-19.". Mr. Lee also recommended adding a condition stating that maximum seating capacity shall be conspicuously posted and mairnained inside the restaurant. In adidtion, this notice shall be subject to approval by staffprior to issuance of an occupancy permit. The public hearing was opened. Commissioner Parrille questioned the comment on page 4 of the report that reads: "...the proposal could create a serious parking shortage". He asked if that refers to the application for 40 seats.. Mr. Lee explained that there could be a serious shortage of parking spaces under the current operating conditions, with Dumpling House allocated a total of 44 seats. However, with the approval of both these CUPs, as recommended by staff, there wouldn't be an increase in the total number of seats and there wouldn't be a dramatic increase in demand for parking. Commissioner Parrille asked if there would still be a shortage of 25 spaces and Mr. Lee confirmed that the parking modification would allow a deficiency of 25 spaces. Chairman Beranek asked if anyone else would like to speak in favor of the project. Mr. Nansook Lee, the future owner of the business in units G and H, said that he would prefer to have 40 seats and he feels that the parking survey supports that number. However, rc anx~rrFs t-z~-o9 ~s~ z after careful consideration he has decided to accept the city's proposal in the spirit of cooperation with his neighbors at the complex. Ms. Betty Ren, owner of the Dumpling House in Unit A, said that staff is currently recommending 23 seats for the Dumpling House but she would like to increase that to 30. Previously she had 44 seats because she was not aware that she was supposed to be limited to eight seats. Ms. Ren says that she cannot make a living with only eight. Commissioner Baderian noted that the staff report says the business license originally allowed for only eight patrons and asked Ms. Ren if she was aware of this. Ms. Ren said she was not. Commissioner Baderian asked if the number of patrons allowed is noted on the business license and Mr. Kasama explained that the number of patrons has only recently been added to the business license certificate. Chairman Beranek asked if anyone would like to speak in opposition to the projects. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Pamlle, to close the public hearing. Without objection the public hearing was closed. Commissioner Baderian asked if the owner was advised that the business license allowed only 8 patrons and Mr. Kasama said that it is not clear. He noted that it is possible that the applicant was not made aware of the limitation. Commissioner Parrille said that he is concerned about the lack of adequate parking as 90% of the parking lot is occupied at lunch time now and with additional seating it will be fully occupied leading to parking on the street. Commissioner Parrille said the Commission must be careful about granting approvals when parking areas are inadequate under our municipal code. Commissioner Baderian said he agrees with Commissioner Parrille. Commissioner Hsu noted that Units A and B each have about the same amount of square footage yet Unit B is allowed 40 seats and Unit B only 8 seats. He noted a fairness issue and asked Mr. Deitsch if the amount of seating for Unit B can be reconsidered at this point. Mr. Deitsch explained that the CUP for Unit B has already been approved and is grandfathered in. He said the Commissioners must evaluate only the two applications presented today. Chairman Beranek pointed out that the seating capacity is still for a total of 96 seats but with a different allocation between Units A, G and H only, since the number for Unit B is already established. Therefore, parking will be about the same, without an increase or decrease. Pc n-ttxvrEs 1-27-09 Page 3 Commissioner Baerg expressed appreciation to staff for a good job on a compromise that would allow both businesses a chance to succeed without causing additional congestion in the pazking lot. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to deny Conditional Use Permit No. CUP 08-15. ROLL CALL: AYES: Commissioners Baderian and Parrille NOES: Commissioners Hsu, Baerg and Beranek MOTION: It was moved by Commissioner Baerg, seconded by Commissioner Hsu, to approve Conditional Use Permit No. CUP OS-I5, subject to the conditions in the staff report, as amended, including the addition of Condition 8 related to posting of seating capacity. Mr. Deitsch wished to clarify that the additional condition would address maximum seating capacity not occupancy and Commissioner Beazg confirmed that. Commissioner Parrille pointed out the increasing traffic on Baldwin Avenue and increased parking particularly on weekends. He expressed concern for traffic conditions when the new Westfield wing is opened in the spring and said that allowing substandard pazking on a heavily travelled street is problematic. ROLL CALL: AYES: Commissioners Baerg, Hsu and Beranek NOES: Commissioners Baderian and Parrille MOTION: It was moved by Commissioner Baerg, seconded by Commissioner Hsu, to approve Conditional Use Permit No. CUP 08-19, subject to the conditions in the staff report, as amended including the addition of Condition 8 related to posting of seating capacity. ROLL CALL: AYES: Commissioners Baerg Hsu and Beranek NOES: Commissioners Baderian and Parrille Once again, iVlr. Deitsch asked to confirm that the additional condition related to seating capacity and not occupancy. Commissioner Baerg said that was correct PC MRNiTI'Eg 1-27-09 Page 4 3. TEXT AMENDMENT 09-OL Citywide Text Amendment No. TA 09-01 establishes regulations for wireless communications. facilities in the City's Zoning Ordinance; Article D;y Chapter 2, Part 8 of the Arcadia Municipal Code. Associate Planner Tom Li presented the staff report. Mr. Deitsch said that in his letter Mr. Vince Vargas has submitted some thoughtful suggestions; however, many of them are already addressed in the ordinance while some of the suggestions would actually be prohibited by law. Mr. Deitsch reminded the Commission that the law is still somewhat unsettled in regard to how cities can regulate wireless facilities, particularly insofar as aesthetic issues are concerned. He noted that the more restrictions imposed, the less likely the city may be able to successfully defend a challenge against an ordinance. The public hearing was opened. Mr. Vince Vargas briefly reviewed the contents of the letter he submitted to the Commission and said that the issue caused a lot of discussion at the May 6, 2008, City Council meeting. It was suggested that the codes in effect in neighboring cities be reviewed to see how these issues were handled. Mr. Vargas said that on May 13, he submitted the codes of five cities which were used to develop the proposed Text Amendment. He expressed his appreciation for the fact that the Text Amendment demonstrates an effort to protect residents by enhanced regulation of wireless facilities. He noted that he felt the Text Amendment would be more effective if the wording were more specific and if there was included a requirement for evaluation by an independent communications engineer. He also said he supports regulations for wireless facilities on public rights-of--way. Commissioner Baderian suggested asking the City Attorney and staff to review the correspondence submitted by Mr. Vargas and to return at a future date with recommendations. Mr. Deitsch offered to give a brief response to the points on Mr. Vargas' letter, and suggested that if the Commission wanted a more thorough response, one would be prepared and presented at another meeting. 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 to hear Mr. Deitsch's response to Mr. Vargas' recommendations. Mr. Deitsch said that the first suggestion of a requirement for a new Conditional Use Permit for future collocation at a facility such as Orange Grove Park is forbidden under California Senate Bill 1627 and restricted by Federal and State statutes and the California Public Utilities Commission. rc Mwurss 1-27-Q9 Page 5 Mr. Deitsch said the second suggestion of the requirement for an applicant to show that they considered existing facilities is already covered adequately in the proposed ordinance and he would not recommend a change, and the requirement for independent RF engineers to approve the application is covered by the Telecom Act of 1996, which prohibits regulations that make service more expensive. Since this would be considered an expense item, the regulation could be successfully challenged, legally. The suggestion that the ordinance should be more specific regarding setbacks from residential properties is already defined in the Municipal Code. Item 12 is the same as the suggested requirement for the applicant to consider at least two other locations and has already been addressed. Section 9288:6; IZB, regarding hiring an RF engineer is an expense issue which could result in a potential successful legal challenge. Mr. Deitsch said that in reviewing Mr. Vargas' list, he feels that the ordinance adequately addresses the points raised. However, he offered to give it a more thorough review if the Commission felt it was required. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to recommend approval of Text Amendment 09-Olto the City Council. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek NOES: None CONSENT ITEMS 4. RESOLUTION NO. 1786 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 08-18 to allow teen driver safety classes with a maximum of 18 studems in a 493 square-foot conference room on the second floor of an existing general office use at 420 E. Huntington Drive. 5. MINUTES OF JANUARY 13, 2009 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to adopt Resolution 1786 and to approve the minutes of January 13, 2009, as presented. Without objection Resolution No. 1786 was adopted and the minutes were approved by voice vote as presened. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Councilman Gary Kovacic said that. he was not present at the last City Council meeting because he was at the Presidential Inauguration in Washington, D.C., so he was not able to report on the meeting. He mentioned that Chinese New Year was two days ago and the Pc ~rrres 1-27-09 Page 6 Chinese Association along with the Chinese Booster Club will have a celebration on Saturday at the Community Center. Mr. Kovacic said that on February 3, the City Council will attend the Board of Supervisors meeting where Arcadia will be recognized for being named by Business Week magazine as the Best City in the State of California to Raise Children. The Arcadia High School Constitution Team will travel to Sacramento to compete in the State finals and School Board elections will be held in April. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille said that there was no Modification Committee meeting today. FURTHER MATTERS FROM STAFF Mr. Kasama said that a proposed revision for the Canyon Road project and a Tentative Tract Map for afive-lot cul-de-sac will be presented at the February 10 meeting and he reminded the Commissioners that the joint meeting with the City Council for the General Plan update is scheduled for February 24. He also mentioned that the City Council upheld the Commission's denial of the Boba Tea Zone, Inc., and Pingo Yogurt Shop Conditional Use Permit application. ADJOURNED to 2-10 8:10 ~p.m Chairman, Planning Commission ATTEST: ~~ Sec ,Panning Commission Pc azrnru~t~s 1-27-09 Page 7