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HomeMy WebLinkAbout04-28-09 MINUTES ARCAD~PL~mGCOMMrrSsroN 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. PC MINUTES 4-28-09 Page 2 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. PC MINUTES 4-28-09 Page 3 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. PC MINUTES 4-28-09 Page 4 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. PC MINUTES 4-28-09 Page 5 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 PC MINUTES 4-28-09 Page 6 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. PC MINUTES 4-28-09 Page 7 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: PC MINUTES 4-28-09 Page 8