HomeMy WebLinkAbout04-28-09
MINUTES
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Tuesday, April 28, 2009, 7:00 P.M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, April 28, 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:
ABSENT:
Commissioners Baderian, Baerg, Hsu, Parrille and Beranek
None
OTHERS ATTENDmG
City Councilman Gary Kovacic
City Engineer Phil.Wray
Community Development Administrator Jim Kasama
Associate Planner Tom Li
Assistant Planner Steven Lee
Assistant Planner Tim Schwehr
Senior Administrative Assistant Billie Tone
SUPPLEMENTAL mFORMATION FROM STAFF REGARDmG AGENDA ITEMS
Mr. Kasama introduced Assistant Planner Tim Schwehr, a new addition to the staff
Mr. Kasama said that each Commissioner was given a copy of a letter of objection to Item 3,
the project at 1436 Baldwin Avenue, and some additional documentation from the applicant
related to Item 4 at 715 South First Avenue.
TIME RESERVED FOR THOSE m THE AUDIENCE WHO WISH TO ADDRESS THE
PLANNING COMMISSION ON NON-PUBLIC HEARmG MATTERS - Five-minute time
limit per person
None
PUBLIC HEARmGS
1. TENTATIVE PARCEL MAP NO. TPM 09-03 (65971)
150 Fano Street
Gail Jacobs
The applicant is requesting a tentative parcel map for a two-unit residential condominium.
Assistant Planner Tim Schwehr presented the staff report.
Chairman Beranek called for questions from the Commissioners.
Chairman Beranek asked for an explanation of the delay in the project.
Mr. Kasama explained that the applicant had completed the Parcel Map process in 2006 but,
through unforeseen events, the project was turned over to family members who were not aware
of the deadline and so they allowed the approval to expire. They are now applying for a new
Parcel Map with no changes to the original plans.
Chairman Beranek asked if anyone wanted to speak in favor of the project.
Ms. Ellie Tu, EGL Associates, the civil engineer on the project, offered to answer any questions
that the Commissioners had and said that the applicants were agreeable to all conditions of
approval.
Chairman Beranek asked if anyone wanted to speak in opposition to the project.
There were none.
MOTION:
It was moved by Commissioner Parrille, to close the public hearing.
Without objection the public hearing was closed.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve
Tentative Parcel Map No. TPM 09-03 (65971) subject to the conditions listed in the staff
report.
ROLL CALL:
AYES:
NOES:
Commissioners Baderian, Baerg, Hsu, Parrille and Beranek
None
There is a ten day appeal period from the date of the decision. Appeals are to be filed by May
11, 2009.
2. SIX-MONTH IU:VIEW OF CONDITIONAL USE PERMIT NO. CUP 08-13
101 South First Avenue
Zapata Vive Restaurant
Associate Planner Tom Li presented the staffreport.
Chairman Beranek called for questions from the Commissioners.
There were none.
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Chairman Beranek asked if anyone else wanted to speak in favor, or in opposition to the
project.
There were none.
Since there are no concerns, no action was taken by the Commission.
3. CONDITIONAL USE PERMIT NO. CUP 09-04
1436 South Baldwin Avenue
La Belle Health & Fitness, Inc.
The applicant is requesting a Conditional Use Permit for a 1,542 square-foot women's fitness
center (dba Curves).
Assistant Planner Steven Lee presented the staff report.
Chairman Beranek called for questions from the Commissioners.
Commissioner Baderian asked if the church had a legal right to the use of die parking lot.
Mr. Lee said that the church had a lease agreement at one time but it was terminated.
Commissioner Parrille asked if there had been any comments concerning the proposal from
Coco's Restaurant. Mr. Lee said that he had not received any comments from Coco's.
Chairman Beranek asked if anyone wanted to speak in favor of the project.
There were none.
Chairman Beranek asked if anyone wanted to speak in opposition to the project.
There were none.
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 asked if the applicant had reviewed the conditions of approval and
agreed to comply with them. Mr. Lee said they had seen them and agreed to comply.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Baerg, to approve
Conditional Use Permit No. CUP 09-04, subject to the conditions listed in the staffreport.
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ROLL CALL:
AYES:
NOES:
Commissioners Baderian, Baerg, Hsu, Parrille and Beranek
None
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.
4. CONDITIONAL USE PERMIT NO. CUP 09-05
715 South First Avenue
UEC Enterprises, Inc., dba Yale Education Institute (Lessee)
The applicant is requesting a Conditional Use Permit for a 2,477 square-foot tutoring center
with up to 30 students on the ground floor of an existing commercial/residential mixed-use
building. The hours of operation will be 10:00 a.m. to 7:00 p.m., seven days a week.
Associate Planner Tom Li presented the staff report.
Chairman Beranek called for questions from the Commissioners.
Chairman Beranek asked if there will be an easement for use of the residential areas behind the
building as a drop off point for students. Mr. Li explained that since that area lacks adequate
circulation it was not considered as an option.
Chairman Beranek asked if anyone wanted to speak in favor of the project.
Ms. Irene Li, the applicant, said that UEC Enterprises wanted to invest in Arcadia because
they have identified a need for the service they provide. Ms. Li said that there are not enough
tutoring centers in the city for the number of children who wish to attend. She explained that
Yale Education Institute offers an excellent program in a positive, healthy environment and that
the project has very strong community support. Ms. Li also noted that the applicant has agreed
to comply with all conditions of approval.
Commissioner Baerg asked how the students will be dropped off and picked up at the center.
Ms. Li said that they will have a maximum of thirty students on a staggered schedule and that
the owner of the adjacent residential property on Alice Street has agreed to allow them to use
the street in front of their property for drop off and pick up. She noted that the traffic in this
area is usually light. The parents of the students will be required to sign in and out when
dropping off or picking up their children.
Commissioner Baderian noted that video cameras are to be installed to insure the students'
safety and he asked who would be monitoring these cameras. Ms. Li explained that the
receptionist will monitor the cameras and that the cameras will be in operation round the clock
providing a view of the basement or street even after school hours.
Mr. Tony Banadio, a local real estate investor, noted that the applicant has had difficulty
finding a suitable location for their business in Arcadia. He asked if an insurance policy
protecting the city from law suites would be appropriate.
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Ms. Judy Chiang, the owner of the property, said that in the current economic situation, it is
hard to find good tenants that will be an asset to the community. She said she believes that
Yale Education Institute will meet these requirements. Ms. Chiang said that Arcadia is noted
for education and that there is a high demand for after school programs. She also said that she
feels the tenant has adequately addressed the issues of traffic and safety and they have agreed
to comply with all city codes and conditions of approval. Ms Chiang said that she has lived in
the community since 1976 and has her life savings invested in this property.
Ms. Estella Kuo, the broker leasing this space, said that the current economic recession makes
it difficult to find tenants although she had inquiries from an internet gaming business and a
liquor store. Ms. Kuo said that Ms. Chiang preferred to lease to a professional tenant like the
education center. She pointed out Ms. Chiang's courage in starting a new business in these
uncertain times and said that she hopes that they will have a chance to succeed.
Chairman Beranek asked if anyone wanted to speak in opposition to the project.
There were none.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to close the
public hearing.
Without objection the public hearing was closed.
Chairman Beranek asked City Engineer, Mr. Wray, if the arrangement whereby the neighbors
agree to allow the education center to use their property for drop off and pick up of students is
practical.
Mr. Wray said that the space they want to use for a loading zone is in the public right-of-way so
it is possible for this type of arrangement to work although it is generally discouraged. He said
that designating an area as a loading zone is counter to the most efficient use of parking space.
He did note, however, that there is a space close to the comer that could be designated as a
loading zone and might be more practicable.
Commissioner Parrille asked if the City had any problems at other schools where there is a drop
off area. Mr. Wray said that he was not aware of any significant problem, but since they are
proposing subterranean parking here, the drop off and pick up is not as easy as at other schools.
Commissioner Baderian asked how many students are expected at a time. Ms. Li said there
would be six arriving at a time.
Commissioner Baderian asked if this number of students would cause a traffic problem. Mr.
Wray said that they would have to abide by the traffic laws and might have to circle the block or
find parking since queuing is not allowed but, if they are staggered it probably wouldn't be a
problem.
Commissioner Parrille asked if drop off could be restricted to the basement only. Mr. Wray
said that it could, but Mr. Li pointed out it would be difficult to enforce.
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Commissioner Baderian noted that the Commission doesn't question the merit of education but
does have some concerns about safety. He said that he is not comfortable with a loading zone
in front of the center unless it is monitored to be sure there is only one car there at a time since
it is not enough to hope that the parents will take turns.
Commissioner Baerg agreed with Commissioner Baderian and said that he felt drop off and
pick up arrangement should be more clearly defined.
Commissioner Parrille expressed agreement and called for a more definitive approach to the
problem.
Commissioner Hsu said that most parents would come at dinner time and even with on-site
parking, traffic could back up into the street.
Chairman Beranek also stated his concerns with the pick up arrangements.
Commissioner Baderian suggested a continuance to allow the applicant to work with staff to
develop a better plan for drop off and pick up of students. .
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to continue
Conditional Use Permit No. CUP 09-05 to the June 9, 2009 regular meeting, but in no case
longer than sixty (60) days
ROLL CALL:
AYES:
NOES:
Commissioners Baderian, Baerg, Hsu, Parrille and Beranek
None
CONSENT ITEMS
Chairman Beranek said he wanted to take each item with a roll call because he needed to
abstain since he was not in attendance at the last meeting.
5. MINUTES OF April 14, 2009
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to approve the
minutes of April 14, 2009, as presented.
ROLL CALL:
AYES:
NOES:
ABSTAIN:
Commissioners Baderian, Baerg, Hsu and Parrille
None
Chairman Beranek
6. RESOLUTION NO. 1791
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A Resolution of the Planning Commission of the City of Arcadia, California, approving
Conditional Use Permit No. CUP 09-01 to amend an existing Conditional Use Permit (CUP 03-
05, Resolution No. 1695) to allow General Commercial uses in the 2,787 square-foot free-
standing unit that was permitted as a restaurant at 306-310 S. First Avenue.
MOTION:
It was moved by Commissioner Parrille, seconded by Commissioner Hsu, to adopt Resolution
No. 1791.
ROLL CALL:
AYES:
NOES:
ABSTAIN:
Commissioners Baderian, Baerg, Hsu and Parrille
None
Chairman Beranek
7. RESOLUTION NO. 1792
A Resolution of the Planning Commission of the City of Arcadia, California, approving
Conditional Use Permit No. CUP 09-02 for a 3,000 square-foot performing and fine arts studio
offering classes for up to 20 students at 120 E. Live Oak Avenue.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to adopt
Resolution No. 1792.
ROLL CALL:
AYES:
NOES:
ABST AIN:
Commissioners Baderian, Baerg, Hsu and Parrille
None
Chairman Beranek
MA TTERS FROM CITY COUNCIL AND PLANNmG COMMISSION
Councilman Kovacic reported that the Council reorganized at their last meeting and that John
Wuo is the new Mayor and Peter Amundson is the Mayor Pro Tern. He said that he expects the
new liaison to the Planning Commission to be designated at the next Council meeting. He also
noted that Joanne Steinmeyer and Janet Chew were re-elected to the School Board. The
Councilman explained that next year John Wuo will be termed out on the City Council but Bob
Harbicht and Peter Amundson will probably run for re-election. The Community Bike Ride is
scheduled for May 2, and the same morning at Fire Station 106 the annual Pancake Breakfast
will be held. The first day for Wednesday trash pick up is May 6, Law Day activities will be
held at the Library on May 9 and the grand opening and ribbon-cutting for the Promenade at
Westfield with a live performance by the California Philharmonic Orchestra is scheduled for
5:30 pm on May 7. The Arcadia Interfaith Action Group will participate in the Annual National
Day of Prayer at the Mormon Church on Foothill Boulevard and Foothill Unity Center will have
it's Golden Plate Awards Gala on June 6. Councilman Kovacic encouraged everyone to stay
active in the community and thanked the Commissioners for their service.
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Commissioner Parrille said that on May 9 the Arcadia High School Boosters will hold their
annual dinner in recognition of the High School coaches.
Chairman Beranek told the Commissioners that he attended the General Plan Advisory
Committee meeting last Thursday and that the Committee has revised their recommendations in
light of the comments received from the City Council.
MODIFICATION COMMITTEE MEETING ACTIONS
Commissioner Parrille reported that Item 2 on the Modification Committee agenda requesting a
parking modification from general office to medical office was passed on condition that only the
lower level be allowed as medical use and the upper level restricted to general office use.
Commissioner Parrille reported that Item 1, MC 09-02 and SFADR 09-05 at 1227 S. Tenth
Avenue, was referred to the Planning Commission. He said that the applicant is requesting a
permit for a detached guest house with 1,460 square feet, three bedrooms and a kitchen. The
applicant submitted information regarding state statutes that allow a second unit on single-family
residential lots. The City Attorney has reviewed this situation and determined that a prior city
ordinance prohibiting this type of guest house takes precedence. Commissioner Parrille said that
the Modification Committee felt that this item would be more appropriately handled by the
Planning Commission with advice from the City Attorney.
Mr. Kasama suggested putting this item on the Planning Commission agenda for May 26, but
Commissioner Parrille said he would not be able to attend that meeting. It was decided to have
this item at the June 9 meeting. .
FURTHER MATTERS FROM STAFF
Mr. Kasama said the May 12 agenda will include a request from Westfield to increase the amount
of restaurant space at the mall and, most likely, the GPAC's new recommendations.
ADJOURNED
8:10 p.rn.
&Jf-;;fItAJWt
Chairman, Planning Commission
ATTEST:
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