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HomeMy WebLinkAbout07-14-09GylFOR 14 MINUTES ARCADIA PLANNING COMMISSION Tuesday, July 14, 2009, 7:00 P.M. ea. , , tp• Community Room of the Police Headquarters, City of Arcadia The Planning Commission of the City of Arcadia met in regular session on Tuesday, July 14, 2009 at 7:00 p.m., in the Community Room of the Police Department Headquarters of the City of Arcadia, at 250 W. Huntington Drive, with Chairman Parrille presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Hsu, and Parrille ABSENT: Commissioner Beranek MOTION: It was moved by Commissioner and seconded by Commissioner Hsu to excuse Commissioner Beranek. Without objection the motion was approved. 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. OTHERS ATTENDING City Engineer Phil Wray Community Development Administrator Jim Kasama Associate Planner Tom Li Assistant Planner Steven Lee Assistant Planner Tim Schwehr Business License Officer Silva Vergel SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama said that the following items were distributed to the Planning Commission: 1. 2 letters in regard to item no. 5 2. Memorandum clarifying the parking analysis for item no. 7 3. Additional conditions of approval for item no. 6 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. TENTATIVE PARCEL MAP NO. TPM 09-05 754 Fairview Avenue Grand Pacific Communities, Corp. (Manager for the Property Owner) A Tentative Parcel Map for a four-unit residential condominium subdivision. Assistant Planner Steven Lee presented the staff report. Hank Jong, 11819 Goldring Rd., Civil Engineer, indicated that they have read the staff report and are in agreement with all of the conditions. Chairman Parrille asked if anyone wanted to speak in favor or in opposition to this project. No one else spoke on this item. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to close the public hearing. The motion passed by voice vote with no one dissenting. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve TPM 09- 05, subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek There is a ten day appeal period. Appeals are to be filed by July 24, 2009. 2. TENTATIVE PARCEL MAP NO. TPM 09-06 120 South Second Avenue Howard Tran (Applicant) A proposed Tentative Parcel Map for a two-unit residential condominium subdivision. Assistant Planner Tim Schwehr presented the staff report. Chairman Parrille asked if anyone wanted to speak in favor or in opposition to this project. Engles Shen, 1111 Corporate Center Drive, Monterey Park, indicated that they have read the staff report and are in agreement with all of the conditions. He stated that the access will be from Bonita. He thought that this was a very creative design and urged the Planning Commission to approve it. PC MINUTES 7-14-09 Page 2 No one else spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg to close the public hearing. The motion passed by voice vote with no one dissenting. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to approve TPM 2009-06 subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek There is a ten day appeal period. Appeals are to be filed by July 24, 2009. 3. TENTATIVE PARCEL MAP NO. TPM 09-01 1512 South Santa Anita Avenue Johnny Ngo (Property Owner) A proposed Tentative Parcel Map for a two-lot, single-family residential subdivision. Associate Planner Tom Li presented the staff report. Chairman Parrille asked if anyone wanted to speak in favor or in opposition of this project. In response to a question from Chairman Parille, Mr. Li responded that lot 2 has access solely from Santa Anita Terrace. Lot 1 will be accessed from Santa Anita Ave. In answer to a question by Commissioner Baerg, Mr. Li stated that there is a driveway that has direct access from Santa Anita Terrace and that they want to widen the driveway to gain access to lot 2. The public hearing was opened. Hank Jong, 11823 Goldring, indicated that they have been working with Planning and redesigned the project several times before presenting it to the Planning Commission; which they will hopefully approve. The applicant indicated that they have read the staff report and are in agreement with all of the conditions. Maryann Martin, 1504 Santa Anita Terrace, said that she resides to the north of the subdivision and heard about it when they were approached to have a cul-de-sac in their backyard. There is an existing driveway and a planter bed currently in that location and they will need to remove a fairly large portion of that to gain access. It is under easement, but she thought it was unfair and commented that she did not want a cul-de-sac in their backyard. PC MINUTES 7-14-09 Page 3 In rebuttal, Mr. Jong said the cul-de-sac will not be constructed until the subdivision of the north property is completed. There needs to be a dedication of an easement for the possible future development of the cul-de-sac. At that time, the new street would need to be designed. In response to Commissioner Baderian's statement, Mr. Jong said that if in the future they did not want a cul-de-sac, then they may keep their property as it is without pursuing that option. No one else spoke in favor or in opposition to this item. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to close the public hearing. The motion passed by voice vote with no one dissenting. In answer to a question from Commissioner Baerg, Mr. Li said that all property owners within a 300' radius were notified but staff did not receive any concerns from the residents. In response to Commissioner Baerg's question whether staff has considered a safety issue or condition for both property owners to have crossways of access; Mr. Kasama stated that there would be access from a joint driveway at the end of the street; it is similar to having driveways side by side. Chairman Parrille asked if it is, in a sense, a flag lot. Mr. Kasama replied that it is in a sense, and flag lots are not permitted. This is not a flag lot because the access here is through a driveway, and not past another lot. In response to a question from Commissioner Baderian, Mr. Kasama said that a cul-de-sac may only be developed with the approval of property owners of 1504 Santa Anita Terrace. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve TPM 09- 01 subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek There is a ten day appeal period. Appeals are to be filed by July 24, 2009. 4. CONDITIONAL USE PERMIT NO. CUP 09-07 & ARCHITECTURAL DESIGN REVIEW NO. ADR 09-02 721 West Lemon Avenue & 1741 South Baldwin Avenue Hope International Church (Applicant) A Conditional Use Permit, the related Parking Modification, and Architectural Design Review for a new 1,273 square-foot, church office building at 721 West Lemon Avenue. PC MINUTES 7-14-09 Page 4 Assistant Planner Steven Lee presented the staff report. Commissioner Hsu asked whether staff noted a parking shortage upon inspecting the site, to which Mr. Lee replied that on weekdays there are only a handful of cars, and that the parking lot is mostly empty. Commissioner Baderian felt that it might be best to further limit the hours on Sundays to reduce any noise impacts on the neighbors and Mr. Lee replied that the Commission can amend the hours as they wish. Chairman Parrille asked whether there was any attempt to acquire the lot at 1725 S. Baldwin and Mr. Kasama stated that it was recently developed with a new single family residence. Chairman Parrille asked if anyone wanted to speak in favor of this project. Mr. Quan Lee, representative of Hope Church, said that the proposed plan is for a 1,200 sq. ft. new office building for church use for a youth leader's office. Their intent is to design a building that the church leaders can utilize that fits in with the environment while having minimal noise impact. In answer to a question from Commission Baderian, Mr. Quan Lee stated that they would like to have as many hours as possible, which will give them flexibility and allow them to be open during the busiest times for the church. Mr. Steven Lee said the recommended condition of approval is to limit the hours of operation from 7:00 a.m. to 7:00 p.m., seven days a week. These hours are for office use only and not intended for general assembly, as other regulations would then apply. No one else spoke in favor or in opposition to this item. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to close the public hearing. The motion passed by voice vote with no one dissenting. Commissioner Baderian felt to reduce the noise impact, office hours on Sundays should be from 8:00 a.m. to 7:00 p.m. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve CUP 09- 07 and ADR 09-02, subject to amending the hours of operation on Sundays from 8:00 a.m. to 7:00 p.m. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek PC MINUTES 7-14-09 Page 5 There is a five working day appeal period after the adoption of the resolution. The resolution will be adopted at a future meeting, and appeals are to be filed within five working days of adoption. 5. CONDITIONAL USE PERMIT NO. CUP 09-08 67 East Live Oak Avenue, Suite 102 Meiling Lin (Applicant) A Conditional Use Permit for a 722 square-foot tutoring center with up to ten (10) students on the ground floor of an existing commercial office building. Assistant Planner Tim Schwehr presented the staff report. In answer to a comment and concern by Commission Baderian, Mr. Schwehr said that he could not confirm whether the office use there closes at 5:00 p.m. He said that there could be some overlapping of time but the hours are normal office hours. Chairman Parrille asked if anyone wanted to speak in favor or in opposition of this project. Chris Chu, 1431 Ocean Avenue, Santa Monica, representing the applicant and a former student of the school spoke in favor of the proposed use. He stated that there are a number of past and present students and parents in the audience who are here to support and confirm the owner's dedication and to ask Ms. Lin to proceed with helping Arcadia students. He went on to say that the Engineering Division has reviewed this request and found no congestion. If it is determined that there are any concerns, they have the option of implementing various conditions to address any potential issues. The applicant indicated that while the program can begin 30 minutes later to alleviate any congestion, they will have to extend it 30 minutes, which would only make it that much later for students. Frank Chu, 67 E. Live Oak, #201, said that most days they conclude their day by 5:00 p.m. He stated that the tenants on the 1 st floor generally leave by 5:00 p.m. and by that time the only about half of the parking spaces are occupied. His daughters also attend this school, which helped them enormously. Willi Lo, no address listed, who has two daughters that attend the school, said that she has never experienced traffic congestion while dropping off or picking up her children and that there has always been ample parking. Regina Wang, no address listed, but a resident of Arcadia, said that Ms. Li is a good teacher. She helps kids and they appreciate all her assistance. Regarding the traffic and parking, she has never experienced a problem with parking. No one else spoke in favor or in opposition to this item. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg to close the public hearing. The motion passed by voice vote with no one dissenting. PC MINUTES 7-14-09 Page 6 In response to Commissioner Hsu's question, Mr. Schwehr responded that they have not obtained business license to operate at this site and did not know how long this business has been in operation at this location. They came in for a business license and were informed that they needed a conditional use permit. Mr. Kasama stated that tutoring centers that are one on one do not need a conditional use permit; only a business license. If they are providing group lessons then a conditional use permit is required. In reply to a question by Commissioner Baderian, Mr. Schwehr remarked that he visited the site on several occasions and did not see any problems on El Capitan. He did not think there would be any issues, unless people go down El Capitan and turn around. He added. that in addition to the on-site parking, there is also street parking available. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg to approve CUP 09-08 subject to the conditions listed in the staff report. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek There is a five working day appeal period after the adoption of the resolution. The resolution will be adopted at a future meeting, and appeals are to be filed within five working days of adoption. 6. TENTATIVE PARCEL MAP NO. TPM 09-04 1431 South Santa Anita Avenue Dexter Pamela, LLC (Property Owner) A proposed Tentative Parcel Map for a two-lot, single-family residential subdivision Associate Planner Tom Li presented the staff report Mr. Li stated one of the conditions of approval from Engineering is that access from lot 2 has to be from Pamela Rd. instead of Santa Anita. No access shall be granted from Santa Anita. Chairman Parrille asked if anyone wanted to speak in favor or in opposition of this project. Hank Jong, 11823 Goldring, indicated that they have read the staff report and are in agreement with all of the conditions. He said they will comply with the City's conditions except condition 1 of Engineering, which refers to the preservation of the oak tree. He noted that they will preserve as many trees as possible but it is possible that some may be in the way of the foundation or the driveway and will need to be removed. They will submit a Tree Preservation plan to the City and will comply with the City's replacement plans. In response to Commissioner Baderian's question, Mr. Kasama indicated that staff's condition PC MINUTES 7-14-09 Page 7 no. 1 in the staff report is contradicting with Engineering's condition with regard to trees. The developer would be required to submit a tree preservation plan as well as an arborist's report to determine the health of the trees. Mr. Kasama said that based on the map that was submitted, it appears that the oak tree could be in the public right-of-way. Mr. Wray, City Engineer, said that Engineering will defer to the Planning conditions and said they will remove that condition. Mr. Jong indicated that with the removal of Engineering's condition they were in agreement with the remainder of the conditions. No one else spoke in favor or in opposition to this item. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to close the public hearing. The motion passed by voice vote with no one dissenting. Mr. Kasama said that Engineering's conditions will be incorporated with Planning's conditions. MOTION: It was moved by Commissioner Baderian seconded by Commissioner Hsu to approve TPM 2009-04 subject to the conditions in the staff report. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek There is a ten day appeal period. Appeals are to be filed by July 24, 2009. 7. CONDITIONAL USE PERMIT NO. CUP 09-13 1228 South Golden West Avenue (President Square Shopping Center) Caroline Yang (Prospective Tenant) A Conditional Use Permit and the related Parking Modification to convert an existing 1,224 square-foot retail unit into a restaurant with seating for 53 persons. Assistant Planner Steven Lee presented the staff report. Assistant Planner Steven Lee explained a memo which was distributed to the Planning Commission that notes an inaccuracy in the parking analysis in the staff report. The site is currently deficient by 33 parking spaces - not 2 as noted in the report. Approval of CUP 09-13 would increase the deficiency to 39 spaces. However, staff was still recommending approval of the application. In response to a question by Commissioner Parrille, Mr. Lee indicated that originally the application showed seating for 53 but it was later amended to 48 and as a result the parking PC MINUTES 7-14-09 Page 8 requirement; which is based on floor area and not the number of seats, was changed accordingly. Chairman Parrille asked if anyone wanted to speak in favor or in opposition of this project. Caroline Yang, 1228 S. Golden West Avenue, said that they will be open during lunch time so they do not anticipate a parking problem. She commented that there is another similar type of a restaurant but theirs is Japanese style, where as the other one is Chinese. She was not too concerned that these two establishments are very similar and that could hurt their business. No one else spoke in favor or in opposition to this item. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to close the public hearing. The motion passed by voice vote with no one dissenting. Commissioners Baderian and Parrille were concerned about the number of vehicles vs. available parking. In response to the question from Commissioner Baerg, Mr. Lee said that a retail use would not further increase the parking requirement because the requirement would remain the same, but the proposed use has a higher parking requirement. Mr. Kasama further stated that the only way the parking requirement would be decreased would be if an office use occupied the space. The only way to remove the parking deficiency would be to take away the food court area and the restaurants which have a higher parking requirement. Commissioner Hsu felt that the two restaurants are very similar and they would both be vying for the same clientele, which he felt would not significantly increase the parking need. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg to approve CUP 09-13 subject to the conditions listed in the staff report. ROLL CALL: AYES: Commissioners Baerg, Hsu and Parrille NOES: Commissioner Baderian ABSENT: Commissioner Beranek There is a five working day appeal period after the adoption of the resolution. The resolution will be adopted at a future meeting, and appeals are to be filed within five working days of adoption. Chairman Parrille asked if there was any objection to acting on the consent items with one action. There being no objection, Mr. Kasama read the titles of the items. PC MINUTES 7-14-09 Page 9 8. RESOLUTION NO. 1796 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 09-12 for a vehicle recovery and storage business comprised of a 20,301 square-foot automobile storage warehouse and a 16,100 square-foot gated outdoor automobile storage yard at 5449 Peck Road. 9. RESOLUTION NO. 1797 A Resolution of the Planning Commission of the City of Arcadia, California, denying Conditional Use Permit Application No. CUP 09-10 to operate a tutoring center with a maximum of eight (8) students in a 2,000 square-foot commercial unit at 34 E. Huntington Drive. 10. MINUTES OF JUNE 23, 2009 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to adopt Resolution Nos. 1796 and 1797, and to approve the Minutes of June 23, 2009. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Commissioners Baderian, Hsu and Parrille indicated that they would not be able to attend the August 25 meeting. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille summarized the action taken by the Modification Committee. MATTERS FROM STAFF Mr. Kasama discussed upcoming agenda items. ADJOURNED ATTEST.'~---~ cret ry, Planning Commission PC MINUTES 7-14-09 Page 10 Chairman, Ylannmg commission