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HomeMy WebLinkAbout08-11-09AGENDA ARCADIA PLANNING COMMISSION Tuesday, August 11, 2009, 7:00 P.M. Arcadia City Council Chambers PLEDGE OF ALLEGIANCE ROLL CALL MOTION: To read the Resolutions by title only and waive reading the full text of the Resolutions. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING ITEMS - 5 minute time limit per person. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you maybe limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. CUP 09-09 510-512 E. Live Oak Avenue Michael Hsiao - Property Owner The applicant is requesting a Conditional Use Permit for a 960 square-foot expansion to an existing 2,040 square-foot restaurant located at 510-512 E. Live Oak Ave. RECOMMENDATION: Denial RESOLUTION NO. 1801 A Resolution of the Planning Commission of the City of Arcadia, California, granting/denying Conditional Use Permit No. CUP 09-09 for a 960 square-foot expansion to an existing 2,040 square-foot restaurant located at 510-512 E. Live Oak Ave. A Resolution reflecting a decision of the Planning Commission has been drafted for adoption. There is a five working day appeal period after the adoption of the Resolution. 2. CONDITIONAL USE PERMIT NO. CUP 09-15 210 N. First Avenue Laura Powell and Brandon Kwae (Lessee) The applicant is requesting a Conditional Use Permit for a dance studio with up to 40 students in an existing 3,200 square- foot industrial space. RECOMMENDATION: Approval RESOLUTION NO. 1802 A Resolution of the Planning Commission of the City of Arcadia, California, granting/denying Conditional Use Permit No. CUP 09-15 for a dance studio with up to 40 students in an existing 3,200 square-foot industrial space. A Resolution reflecting a decision of the Planning Commission has been drafted for adoption. There is a five working day appeal period after the adoption of the Resolution. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574-5423. PC AGENDA 8-11-09 PLANNING COMMISSION Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Public Hearing Procedure 1. The public hearing is opened by the Chairman of the Planning Commission. 2. The Planning staff report is presented by staff. 3. Commissioners' questions relating to the Planning staff report may be asked and answered at this time. 4. The applicant is afforded the opportunity to address the Commission. 5. Others in favor of the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 6. Those in opposition to the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 7. The applicant may be afforded the opportunity for a brief rebuttal. (LIMITED TO 5 MINUTES) 8. The Commission closes the public hearing. 9. The Commission members may discuss the proposal at this time. 10. The Commission then makes a motion and acts on the proposal to either approve, approve with conditions or modifications, deny, or continue it to a specific date. 11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting the decision of the Planning Commission is prepared for adoption by the Commission. This is usually presented at the next Planning Commission meeting. There is a five (5) working day appeal period after the adoption of the resolution. 12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working day appeal period. 13. Following the Commission's review of Zone Changes, Text Amendments and General Plan Amendments, the Commission's comments and recommendations are forwarded to the City Council for the Council's consideration at a scheduled public hearing. 14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions) there is a ten (10) calendar day appeal period. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574-5423. PC AGENDA 8-11-09 CONSENT ITEMS 3. RESOLUTION NO. 1800 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 09- 08 for a 722 square-foot tutoring center with up to 10 students on the ground floor of an existing commercial office development at 67 E. Live Oak Avenue, Suite no. 102. RECOMMENDATION: Adopt 4. MINUTES OF JULY 28, 2009 RECOMMENDATION: Approve MATTERS FROM CITY COUNCIL & PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF & UPCOMING AGENDA ITEMS ADJOURNMENT Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574-5423. PC AGENDA 8-11-09 I U" y lecerparateA AoDUn' S. IDDI STAFF REPORT Development Services Department August 11, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 09-09 for a 960 square- foot expansion to an existing 2,040 square-foot restaurant located at 510-512 E. Live Oak Avenue. SUMMARY The applicant is seeking a Conditional Use Permit and a parking modification to approve an expansion of an existing 2,040 square-foot restaurant into an adjacent 960 square-foot unit at 510-512 E. Live Oak Avenue. To address a parking deficiency, the applicant is proposing to lease 20 parking spaces located at 405 Lynrose Street, which is approximately 900 feet from the restaurant. Because of the distance, the applicant's proposed solution is not adequate. It is Staff's opinion that this proposal is inappropriate for the location and would adversely impact the neighboring properties. Therefore, the Development Services Department is recommending denial of the application. GENERAL INFORMATION APPLICANT: Mr. Michael Hsiao, designer LOCATION: 510-512 E. Live Oak Avenue - between Hempstead Avenue and Lenore Avenue REQUEST: A Conditional Use Permit for a 960 square-foot expansion to an existing 2,040 square-foot restaurant located at 510-512 E. Live Oak Avenue, with an increase in seating from 68 seats to 82 seats. The hours of operation will remain 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday. SITE AREA: 7,497 sq. ft. (0.17 acres) FRONTAGES: 50 feet along East Live Oak Avenue 50 feet along a rear alley EXISTING LAND USE & ZONING: The site is improved with 3,960 gross square-feet of commercial space and a 14 space parking lot that was developed in 1953. The site is zoned C-2, General Commercial. The building is adjacent to a six-unit, 8,890 gross square-foot strip mall to the west, and a 2,024 gross square-foot restaurant to the east. A 20-foot wide alley at the rear separates the commercial developments from residential uses. SURROUNDING LAND USES & ZONING: North: One-story retail center - zoned C-2 South: Church parking lot - zoned R-2, and a single-family residential dwelling located outside city limits. East: One-story restaurant- zoned C-2 (CUP 70-09) West: One-story retail complex with a restaurant- zoned C-2 (CUP 90-09) GENERAL PLAN DESIGNATION: Commercial PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 09-09 were mailed on July 30, 2009 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). Because Staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION The subject property is developed with a one-story, two-unit commercial building and 14 space parking lot that was constructed in 1953. To the west, the subject building is adjacent to a six-unit commercial strip mall at 500 E. Live Oak Avenue, which includes a mix of small retail stores and a Japanese. restaurant. Adjacent to the subject property to the east is a Chinese restaurant at 516 E. Live Oak Avenue. The retail stores and Japanese restaurant share front and rear parking lots with a total of 23 spaces. The Chinese restaurant has its own 17 space parking lot to the rear of the property. CUP 09-09 510-512 E. Live Oak Ave. August 11, 2009 Page 2 The subject business, which is currently known as Cafe Fusion, has been operating as a restaurant since before the City required Conditional Use Permits for restaurants. Therefore, there is no initial CUP for the restaurant. However, on March 8, 2004, the Planning Commission approved Conditional Use Permit No. CUP 04-02 to allow for on-site serving of beer and wine at the existing restaurant with 68 seats and operating hours of 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday. Planning Commission Resolution No. 1704 for this CUP is attached to this report. CODE VIOLATIONS In September, 2008 Code Services received a complaint of noise, loitering and loud music at the subject property. During a site inspection, Code Services discovered microphones, amplifiers, and other equipment for live entertainment or karaoke, and that the restaurant had expanded into the adjacent commercial space. The applicant is currently not permitted to have any live entertainment at this business, and is not requesting such as part of this application. It was also discovered that the existing restaurant was displaying unpermitted signs. A notice of violation was issued to the owners of Caf6 Fusion for the following violations: Unapproved expansion into the adjacent unit at 512 E. Live Oak Ave Live entertainment without a permit Display of signs without design review approval or permits from Building Services. On October 31, 2008 Code Services issued a citation to the owner of Cafe Fusion for failure to address the notice of violation. On February 10, 2009, Code Services referred these violations to the City Attorney. In May, 2009, the applicant received design review approval for two new signs to replace the unpermitted signs, but these signs have yet to be installed. Also in May 2009, the applicant submitted Conditional Use Permit Application No. CUP 09-09. During a recent site visit to evaluate this CUP application, staff observed that all three of the parking lots serving the surrounding businesses at 500 E. Live Oak Avenue and 516 E. Live Oak Avenue have prominently posted signs stating "No Cafe Fusion Parking". Photos of some of these signs are attached. PROPOSAL AND ANALYSIS The applicant is requesting approval of the illegal expansion of the existing 68-seat, 2,040 square-foot restaurant into the adjacent 960 square-foot unit at 510-512 E. Live Oak Avenue. This 960 square-foot space was previously occupied by a beauty salon. The proposal includes increasing the seating to a maximum of 82 patrons, which is an increase of 14 seats from the plan approved in 2004 by CUP 04-02, and a parking modification to either allow 14 spaces in lieu of 30 spaces required or, to allow the use of an additional 20 spaces at 405 Lynrose Street. The City's Building Official has reviewed the expanded floor plan, and determined that it does not meet the minimum bathroom fixture requirements for a restaurant with a seating capacity CUP 09-09 510-512 E. Live Oak Ave. August 11, 2009 Page 3 of 82 seats. Bathrooms will have to be added or enlarged to meet the requirements of 1 toilet, 1 urinal, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. The hours of operation are proposed to remain the same as those approved in 2004. Parking There is a surface parking lot at 510-512 E. Live Oak Avenue with 14 parking spaces; 13 standard spaces, and one handicap space. By Code, the expanded restaurant requires 30 parking spaces (10 spaces per 1,000 gross square-feet) and is therefore deficient 16 spaces. However, the CUP approved in 2004 included a parking modification for 16 parking spaces in lieu of 25 required (20 spaces for the restaurant and 5 spaces for the beauty salon). The providing of a handicap space and loading area has resulted in the number of parking spaces being reduced to 14. Therefore, the current parking modification for the existing restaurant without the expansion is 9 spaces in lieu of 20; a deficiency of 11 spaces. The parking modification approved by CUP 04-02 allowed a parking ratio of 9 spaces for 68 seats (1 parking space for every 6.8 seats). Without the additional 20 off-site parking spaces, the parking modification requested as part of this application would allow a ratio of 14 spaces for 82 seats (1 parking space for every 5.5 seats). There is on-street parking available along this side of Live Oak Avenue, however, it is limited due to the location of a bus stop. The streets running south of Live Oak Avenue; Hempstead Avenue and Lenore Avenue, also allow for on-street parking. However, these streets lead to residential neighborhoods, and therefore are not well- suited to be used for overflow commercial parking. In an attempt to address the parking deficiency, the applicant is proposing to lease 20 parking spaces from the industrial property located at 405 Lynrose Street, which is approximately 900 feet from the subject property. According to City code, required parking spaces must be located either on the same lot or site, or within 100 feet of the building or land use that the parking spaces will serve. Because the parking lot at 405 Lynrose Street does not meet this requirement, a modification is necessary for this proposal to allow an off-site parking lot to be at a distance of 900 feet in lieu of 100 feet. Furthermore, 405 Lynrose Street has 53 parking spaces on-site. The code requirement for that property is 35 spaces (2 spaces per 1,000 square feet of gross floor area for warehouses). Therefore, there is a surplus of 18 parking spaces at 405 Lynrose Street. The owner of this property and business, Mr. James Shih, states that currently only 12 parking spaces are being used on a regular basis by his employees. The 18 extra parking spaces at this property could eliminate the parking deficiency of the expanded restaurant, but because of the 900-foot distance from the restaurant, this proposal is not adequate. CUP 09-09 510-512 E. Live Oak Ave. August 11, 2009 Page 4 Noise and Entertainment The complaints to Code Services about the subject business from nearby residents included noise and loud conversations, late night loitering of patrons, and loud music. Cafe Fusion does not have an Entertainment Permit, and therefore is not permitted to have live entertainment at this location. An Entertainment Permit requires a public hearing before the Business License Review Board. Entertainment is not being requested as part of this CUP application. Economic Development The City's Economic Development Manager has reviewed this application, and states that from an Economic Development perspective, an approval of the Cafe Fusion expansion would be a positive sign for commercial businesses and property owners during these difficult economic times, and would be especially good for the East Live Oak Avenue business district, which has not had the success of other commercial areas of the City. The expansion of Cafe Fusion underscores the most positive aspects of private business and private investment, and their growth and additional investment by the business owner should be encouraged. Public Comments In response to the public hearing notice, staff received a telephone call from Mr. Gerry Wilson, who resides at 5700 Lenore Avenue and is a Senior Pastor at Arcadia Friends Church at 5705 Lenore Avenue. Mr. Wilson expressed his opposition to the requested restaurant expansion. He stated that himself and other neighbors are fed up with the parking problems and late-night drinking. Patrons use the church parking lot and residential areas to park, and he believes that the restaurant is operating beyond 1:00 a.m. on weekends because he has been woken up at 2:00 a.m. on multiple occasions. He also believes they are serving alcoholic beverages other than just beer and wine. Mr. Wilson also sent an email to staff stating his opposition to CUP 09-09, which is attached with this report. Conclusion Despite the desirable effects on the commercial and economic aspects of East Live Oak Avenue, the illegal expansion of Cafe Fusion is having undue adverse impacts on its residential and commercial neighbors. The 16-space parking deficiency will not be adequately addressed by the proposed leasing of parking spaces that are 900 feet away, and the late-night noise and loitering that attend the live entertainment cannot be made compatible with the nearby residential uses. A denial of Conditional Use Permit Application No. CUP 09-09 would allow Cafe Fusion to continue operating as a 68-seat, 2,040 square-foot restaurant, with a parking deficiency of 11 spaces, on-site beer and wine service, and the hours CUP 09-09 510-512 E. Live Oak Ave. August 11, 2009 Page 5 approved by CUP 04-02, but without live entertainment and/or karaoke. On the other hand, an approval of Application No. CUP 09-09 could be conditioned to eliminate the late-night hours, prohibit live entertainment and/or karaoke, and restrict or eliminate the serving of beer and wine. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design, and adjacent rights-of-way improvements are required to be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined, that no significant physical alterations to the property are necessary, then this project is categorically exempt from further environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15303(c) which exempts the conversion of small structures, i.e., a 960 square-foot beauty salon into restaurant space. A Preliminary Exemption Assessment is attached to this staff report. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. CUP 09-09 510-512 E. Live Oak Ave. August 11, 2009 Page 6 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. It is staff's opinion that the proposed restaurant expansion cannot satisfy all of the prerequisite conditions, specifically number three; that the site for the proposed use is adequate in size and shape to accommodate said use because the parking is inadequate. RECOMMENDATION The Development Services Department recommends denial of Conditional Use Permit Application No. CUP 09-09. However, if the Planning Commission wishes to approve CUP 09-09, staff recommends the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to 11:00 p.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. There shall be no live entertainment or karaoke permitted. 4. The sale of beer and wine is to be incidental to the restaurant use. Sales for off-premise consumption or a bar-type use is not allowed. Beer and wine can only be served in conjunction with the serving of meals. 5. The maximum number of seats shall be 82 or the maximum occupancy as determined by Building Services and Fire Prevention, whichever is lower. 6. The use approved by CUP 09-09 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and proved for CUP 09-09. 7. A separate sign design review application shall be submitted for all new signs on the premises. All unpermitted signs shall be removed.. 8. The bathroom facilities shall be upgraded to meet the Building Official's requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 9. At least 16 additional parking spaces located within 300 feet of the subject property shall be secured and maintained in order for the approval of this Conditional Use Permit to be effective. These 16 additional parking spaces must be surplus spaces for the property and uses at which they are located, and the arrangement shall be approved by the Development Services Director. CUP 09-09 510-512 E. Live Oak Ave. August 11, 2009 Page 7 10. All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. 11. All conditions of approval shall be satisfied within 60 days. Noncompliance with the plans, provisions and conditions of approval for CUP 09-09 shall be grounds for immediate suspension or revocation of any approvals, including the prior Conditional Use Permit, CUP 04-02, which could result in the closing of the entire restaurant. 12. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 13. Approval of CUP 09-09 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 09-09; state the supporting findings and environmental determination, and adopt Resolution No. 1801, which incorporates the Commission's decision, specific determinations and findings, and the conditions of approval: Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 09-09; state the finding(s) CUP 09-09 510-512 E. Live Oak Ave. August 11, 2009 Page 8 that the proposal does not satisfy with reasons based on the record, and adopt Resolution No. 1801, which incorporates the Commission's decision and specific findings. If any Planning Commissioner, or other interested part~r has any questions or comments regarding this matter prior to the August 11t public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574-5422, or tschwehr@ci.arcadia.ca.us. Approved by: Ji a C munity Development Administrator Attachments: Aerial Photos & Vicinity Maps with zoning information 300-foot radius map Plans Photos of "No Cafe Fusion Parking" signs Photos of subject site and surrounding uses Email of opposition Resolution No. 1704 for CUP 04-02 Resolution No. 1801 (drafts for approval and denial) Preliminary Exemption Assessment CUP 09-09 510-512 E. Live Oak Ave. August 11, 2009 Page 9 lws Development Services Department Engineering Division Prepared by., R.S.Gonzale4 July 2009 4r°510 - 512 E Live Oak Avenue .:.I : CUP 09=09 Tl~ Development Services Department Engineering Division Prepared by R.S.Gonzalez, August 2009 510.512 E Live Oak Avenue CUP 09-09 (2513) N (2523) 100 0 100 200 Feet U-j (2534) Q = C-2 C-2 (615) (623) y (609) (601) (529 (521) (5„) AVE LAVE OAK (614) (600) (606) (612) (616) (514) (608) (500) (518) = C-2 (506) M C-2 ~o N 7~0 R-3 m m ='G R-1 Ci Arcadia once YNROSE T Cl~ of El S L he~ °FF R"~9 510 - 512 E Live Oak Avenue v Development SeMces Department ^r CU 09-DO Engineering Division o o0'°u+71ty ot~°~c Prepared by. R.S.GmzW&4 Ju1y2009 (ae) mZ Q ~ A ~ *P r `Z Wx) N 5,3 s, goo o goo zoo Feet ~ SANDRA A VE SANDR (510.516) (W) rt rX2) (2519) (2523) (2530) (?52/) Q G2 tax R-2 j R-3 R-3 (521) (5,,) VE rte) 001) LIVE OAK A W-9 (e6o) (silo (W) (sue) (516) AVE m (sob) DAK z 62 v, LIVE (N6) O 70 to. (106116) R-3 M 0 C-M. m z MM) (5705) R-2 LYNROSE sT ufflwt- Development Services Department Engineering Division Prepared 6y. R.S. Gonzalez, August 2009 yF°~ 510-512 E Live Oak Avenue CUP 09-09 vwiv SUEMORENO (626) 350-5944 OY IPiOCCUPAMLW ROUSMAPS-UMUSE-Paws MUMaPAL COMPLIANCE CONSL L.11NO 12106 LAMOMAVEAL M ONM, CA 91792-FAX(M)LO -1592 D SCALE 1" =150' SANDRA AVE. .p~qp;oac @ ~,iu33 14 30 Y= 34 io 32,---T 32 36 ti 37 ,.>w. i i asss roo was sas:4• ~ ~ r nc is E .4 ~~sq~~w •.~wrr..wrrr ~ i j -~SiKCi. fa)'/ llQ% 1K OD k! ` LIVE OAKI _.-kf'Io►'E K-Mfff~-.. ...J~ K 0 --3554 3 54 ~F 1660-e reY -41 *w c 'sue Ail w 4 2/.if5 95 too O c _ a :~w a cn 13 12 38 -AW 12 N 1. woo F-.,Aa$ RO SAN FRAN SQUlTO 4 3> 1K. x z e ;-45 40 0 z 11►~ c 4 .4 11y le a rz mix woN ~ ~ 5 41 M x ~ ~ r .s s w M R 42 I 94 =x.42 z y LYNROSE ST m 10 7)42 43 S D .1111 ~i. 8 O z k 4v Mks 0 met ~O g r., n rn ,nee _ a 10 A 4 rn 6;Q snn s Wolf" 0 -40 z Qo Z Inw in, goo t6 Vo'VIaVoav ' JAV MVO inn •3 OL9 V1V0 1--. dHd ' St ~ NOISf13 3M NYId MRS ' { NOLLYJnddV df19 bI il~li~tl O Q a a t o¢g - E R Q~ 18 P ~eg~~a~aYg it UWU ■S ~ ~ C~ H11 E 1! 9 ♦ s a 'HAV MOW 9001 n Iviumv my Mtl0 3M •3 O l9 Z 4 + 1 1 i ,'Ny NOISM 3M Nym MOM ' 1r il{ 1 NOUr,)nddV dnO it~l11~1 777- 6 t -jl 1: i( : 7 f ~ 7 " ' ~ f yt.;, 7 Z T •r x• 1 ~ r : r m p, II a o~ Kill ' ~_T T_ -1 i -1t r~rer ~trt ,.:5. ~ uJ Q m ` w N /S" Z CV ~aCL cn X .J t~ U_ Q CC o ui LLJ u N J N . u d w z ~ v a a CL. a~~ 0 D_. 1 L~ , 3~ ; tn', dr . 3~ fr LIZ 2 Page 1 of 1 Tim Schwehr From: J Gerry Wilson [gerwil@sbcglobal.net] Sent: Wednesday, August 05, 2009 3:45 PM To: Tim Schwehr Subject: Application # CUP 09-09 Tim Schwehr, Assistant Planner, Thanks for taking my phone call the other day, and for the brief conversation yesterday, as you were taking pictures in our church parking lot. Once again, for the record, let me voice my personal (as a neighbor) and professional (as Senior Pastor of Arcadia Friends Community Church and Preschool) objection to the request of Michael Hsiao for a Conditional Use Permit at his restaurant located at 510- 512 E. Live Oak Ave. in Arcadia. I find it ironic that Mr. Hsiao is only now trying to legalize the use of facilities that he has been using and abusing for the last few years since he opened for business. The reality of the situation, speaking as a resident at 5700 Lenore Ave, that is behind the alley where his parking and entrance is, there is no room in our neighborhood for his business to expand, or to stay at the present level of use. He does not have anywhere near enough parking, which results in his customers parking in our church parking lot and on both sides of our street, three to four houses south of my own home. I am tired of the parking issues, the noise late at night (2am) as people leave. I have had to personally pick up trash and bottles left in the street and our parking lot, as well as wash down the pavement of vomit left by his customers. As the Block Captain for our Neighborhood Watch Program, I can say on behalf of my neighbors on Lenore AVe that not only do we object to this expansion, we would hope that the City would step in and clearly curtail what is happening at Mr. Hsiao's business. It has turned our quiet neighborhood into an often noisy, dangerous and dirty environment. If you need further info or details, or have questions, please don't hesitate to contact me. gerwil( sbcglobal.net Home 626-574-7329 Office 626-445-2130 Cell 626-826-4982 Sincerely, J. Gerry Wilson, Concerned Neighbor / Senior Pastor of Arcadia Friends Community Church 5700 Lenore Ave Arcadia, CA 91006 8/7/2009 RESOLUTION NO. 1704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004002 FOR THE SALE OF BEER AND WINE IN AN EXISTING 2,000 SQ.FT. RESTAURANT (D.B.A. CAF(_ FUSION) WITH 68 SEATS AND OPERATION HOURS OF 11:00 A.M. TO 11:30 P.M., SUNDAY THROUGH THURSDAY, AND 11:00 A.M. TO 1:00 A.M., FRIDAY AND SATURDAY, AT 510 E. LIVE OAK AVENUE. WHEREAS, on March 8, 2004, a conditional use permit application was filed by C. C. Chang, agent of Cafe Fusion, for the sale of beer and wine in an existing 2,000 sq.ft. Restaurant (d.b.a. Cafe Fusion) with 68 seats and operation hours 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a:m., Friday and Saturday (Development Services Department Case No. CUP 2004-002) at property commonly known as 510 E. Live Oak Avenue; and WHEREAS, a public hearing was held on April 27, 2004, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA-RESOLVES AS-FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the initial study did not disclose any substantial adverse effects to the area affected by the proposed project. 2. That the use applied for at the location indicated is a• proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement 41 type- to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use. Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this commission grants Conditional Use Permit no. CUP 2004-002 for the sale of beer and wine in an existing 2,000 sq.ft. restaurant (d.b.a. Caf6 Fusion) with 68 seats and operation hours of 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday at 510 E. Live Oak Avenue, upon the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. The sale of beer and wine is incidental to the restaurant use only and is not intended for off-premise consumption or a bar use. 4. The maximum number of,seats shall be 68 or the maximum occupancy as determined by Building Services, whichever is tower. 5. The use approved by CUP 2004-002 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved' for CUP 2004-002. 6. A separate sign design review application shall be submitted for all new signs on the premises. 7. Any exterior alteration to the building requires the filing and approval of a design review application. 8. All conditions of approval shall be complied with prior to opening the restaurant. Noncompliance with the plans, provisions and conditions of approval for CUP 2004-002 shall be grounds for immediate suspension or revocation of any approvals, which could result.in the closing of'the restaurant. 9. Approval of CUP 2004-002 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 2 1704 10. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at Its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of April 27, 2004, by the following votes: AYES: Commissioners Hsu, 'Lucas, Wen, Olson, Baderian NOES: none • .SECTIONS. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 271' day of April, 2004, by the following votes: AYES: Commissioners Hsu, Lucas, Wen, Olson, Baderian NOES: none Chairman, Planning Commission City of Arcadia ATT ST. ecretary, arini mission City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 6 3 1704 RESOLUTION NO. 1801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09-09 FOR A 960 SQUARE-FOOT EXPANSION TO AN EXISTING 2,040 SQUARE-FOOT RESTAURANT LOCATED AT 510-512 E. LIVE OAK AVENUE WHEREAS, on May 14, 2009, a Conditional Use Permit application was filed by Michael Hsiao for a 960 square-foot expansion to an existing 2,040 square-foot restaurant; Development Services Department Case No. CUP 09-09, at property commonly known as 510-512 E. Live Oak Avenue; and WHEREAS, a public hearing was held by the Planning Commission onAugust 11, 2009, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data provided by the Development Services Department in the staff report dated August 11, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09-09 will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed project is a minor alteration of an existing facility and is exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section No. 15303 of the CEQA Guidelines. (approval) 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the other businesses in the same center, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of Conditional Use Permit No. CUP 09-09 will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09-09 for a 960 square-foot expansion to an existing 2,040 square- foot restaurant, subject to the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and 11:00 a.m. to 11:00 p.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. There shall be no live entertainment or karaoke permitted. 2 1801 (approval) 4. The sale of beer and wine is to be incidental to the restaurant use. Sales for off-premise consumption or a bar-type use is not allowed. Beer and wine can only be served in conjunction with the serving of meals. 5. The maximum number of seats shall be 82 or the maximum occupancy as determined by Building Services and Fire Prevention, whichever is lower. 6. The use approved by CUP 09-09 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-09. 7. A separate sign design review application shall be submitted to the City for approval of all new signs on the premises. All unpermitted signs shall be removed. 8. The bathroom facilities shall be upgraded to meet the Building Official's requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 9. At least 16 additional parking spaces located within 300 feet of the subject property shall be secured and maintained in order for the approval of this Conditional Use Permit to be effective. These 16 additional parking spaces must be surplus spaces for the property and uses at which they are located, and the arrangement shall be approved by the Development Services Director. 10. All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design shall be complied with to the satisfaction 3 1801 (approval) of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. 11. All conditions of approval shall be satisfied within 60 days. Noncompliance with the plans, provisions and conditions of approval for CUP 09-09 shall be grounds for immediate suspension or revocation of any approvals, including the prior Conditional Use Permit, CUP 04-02, which could result in the closing of the entire restaurant. 12. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 13. Approval of CUP 09-09 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development 4 1801 (approval) Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this I I 'hday of August, 2009. Chairman, Planning Commission ATTEST: Secretary Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 5 1801 (approval) RESOLUTION NO. 1801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT APPLICATION NO. CUP 09-09 FOR A 960 SQUARE FOOT EXPANSION TO AN EXISTING 2,040 SQUARE FOOT RESTAURANT LOCATED AT 510-512 E. LIVE OAK AVENUE WHEREAS, on May 14, 2009, a Conditional Use Permit application was filed by Michael Hsiao for a 960 square-foot expansion to an existing 2,040 square-foot restaurant; Development Services Department Case No. CUP 09-09, at property commonly known as 510-512 E. Live Oak Avenue; and WHEREAS, a public hearing was held by the Planning Commission on August 11, 2009, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data provided by the Development Services Department in the staff report dated August 11, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09-09 will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed project is a minor alteration of an existing (denial) facility and is exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section No. 15303 of the CEQA Guidelines. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is inadequate in size and shape to accommodate said use; the site does not contain adequate parking. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of Conditional Use Permit No. CUP 09-09 will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. SECTION 3. That for the foregoing reasons this Commission denies Conditional Use Permit Application No. CUP 09-09, for a 960 square-foot expansion to an existing 2,040 square-foot restaurant; Development Services Department Case No. CUP 09-09, at property commonly known as 510-512 E. Live Oak Avenue. [SIGNATURES ON NEXT PAGE] 2 1801 (denial) SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 1 lth day of August, 2009. ATTEST: Secretary Planning Commission APPROVED AS TO FORM: If Stephen P. Deitsch City Attorney Chairman, Planning Commission 3 1801 (denial) PRELIMINARY E XEMPTION ASSESSMENT 0i-.1 (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 09-09 for a 960 square-foot expansion to an existing 2,040 square- foot restaurant located at 510-512 E. Live Oak Avenue. 2. Project Location - Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7%Z' topographical map identified by quadrangle name): 510-512 E. Live Oak Ave. (between Hampstead Avenue and Lenore Avenue) 3. Entity or person undertaking project: ❑ A. City of Arcadia ® B. Other (Private) (1) Name: Michael Hsiao (d.b.a. Avant Garde Design Int ) (2) Address: 2063 S Atlantic #2D Monterey Park. CA 91754 (3) Phone: (323) 263-2484 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA. b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. Applicable Exemption Class: 3 Section No.: 15303(c) f. ❑ The project is statutorily exempt. Applicable Exemption: Section No.: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: July 13. 2009 Staff: Tim Schwehr. Assistant Planner Muarpw and Autuxc 3, t}tl} i y MEMORANDUM Development Services Department August 11, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrato By: Thomas Li, Associate Planner-Tt- SUBJECT: Continuance of Conditional Use Permit Application No. CUP 09-15 to operate a dance studio in an existing industrial building at 210 N. First Avenue Conditional Use Permit Application No. CUP 09-15 is for a proposal to operate a dance studio in an existing industrial building at 210 N. First Avenue. Because this location is in the Central Redevelopment Project Area, the property is subject to Arcadia Redevelopment Agency Resolution No. ARA 172, which was adopted on January 19, 1993. This resolution establishes uses, design requirements, and guidelines for the Project Area. Resolution No. ARA 172 lists "dance studios/halls" as an "inappropriate use" for the Project Area. The applicant intends on submitting a request to the Arcadia Redevelopment Agency for either an amendment to the resolution to allow dance studios in the Project Area, or for a waiver from Resolution No. ARA 172 to allow a dance studio at 210 N. First Avenue. Public hearing notices for Conditional Use Permit Application No. CUP 09-15 were mailed on July 29, 2009, but without either the amendment, or waiver from Resolution No. ARA 172, the applicant cannot proceed with a Conditional Use Permit application for a dance studio in the Project Area. Therefore, staff recommends a continuance of this public hearing item to the September 22nd Planning Commission meeting for further consideration after the Redevelopment Agency's determination. If there are questions about this item prior to the August 11th meeting, please contact Associate Planner, Thomas Li at (626) 574-5447, or at tli(a)ci.arcadia.ca.us. RESOLUTION NO. 1800 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09-08 FOR A 722 SQUARE-FOOT TUTORING CENTER WITH UP TO 10 STUDENTS ON THE GROUND FLOOR OF AN EXISTING COMMERCIAL OFFICE DEVELOPMENT AT 67 E. LIVE OAK AVENUE, SUITE NO. 102 WHEREAS, on May 1, 2009, a Conditional Use Permit application was filed by Meiling Lin (dba Linium Consulting) for a 722 square-foot tutoring center with up to 10 students; Development Services Department Case No. CUP 09-08, at property commonly known as 67 E. Live Oak, Suite No. 102; and WHEREAS, a public hearing was held by the Planning Commission on July 14, 2009, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA RESOLVES AS FOLLOWS: SECTION 1. That the factual data provided by the Development Services Department in the staff report dated July 14, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09-08 will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed project is a minor alteration of an existing facility and is exempt from the California Environmental Quality Act (CEQA) as a Class 22 Categorical Exemption per Section No. 15322 of the CEQA Guidelines. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the other businesses in the same center, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of Conditional Use Permit No. CUP 09-08 will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09-08 for a 722 square-foot tutoring center with up to 10 students, subject to the following conditions: 1. There shall not be more than ten (10) students, one (1) instructor and one (1) office assistant at any time at the tutoring center. 2. The hours of operation of the tutoring center shall be limited to 5:00 p.m. to 9:00 p.m. on weekdays, and 12:00 noon to 6:00 p.m. on weekends. 2 Resolution No. 1800 3. The tutoring center shall require all students to enter and leave the premises using the separate entrance at the rear parking lot. The exterior lobby door is not to be used by students, and the door leading from Suite 102 to the lobby shall only be used as an emergency exit and for access to the restroom facilities. 4. The tutoring center shall post and distribute notices to all students, parents, and the staff, instructing them where to park and where to drop-off and pick-up students in accordance with requirements established by the City. A draft of the notice shall be submitted to the City for review and approval by the Development Services Director or designee prior to issuance of an occupancy permit. 5. The use approved by CUP 09-08 is limited to the proposed tutoring center which shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09-08. 6. The approval of CUP 09-08 includes a four space parking modification which is applicable only to the tutoring center approved by CUP 09-08. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 09-08 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 8. All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. 3 Resolution No. 1800 9. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 10. Approval of CUP 09-08 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 4 Resolution No. 1800 Passed, approved and adopted this 11 th day of August, 2009. Chairman, Planning Commission ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: k4z't"~ P. Stephen P. Deitsch, City Attorney Resolution No. 1800 0MINUTES ARCADIA PLANNING COMMISSION =MV. Tuesday, July 28, 2009, 7:00 P.M. 8°r.esa Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, July 28, 2009 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 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 Baderian and seconded by Commissioner Hsu to excuse Commissioner Beranek. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian and seconded by Commissioner Hsu to read all resolutions by title only and waive reading the full body of the resolutions. Without objection the motion was approved. OTHERS ATTENDING Police Chief, Robert Sanderson Development Services Director, Jason Kruckeberg Deputy Development Services Director/City Engineer, Phil Wray Community Development Administrator, Jim Kasama Senior Planner, Lisa Flores Business License Officer, Silva Vergel SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama indicated that revised Minutes were distributed. The changes were in gray tone. 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. TEXT AMENDMENT NO. TA 09-03 Citywide Draft ordinances (standard and urgency) to amend certain sections of Article VI (Businesses, Professions, Trades and Occupations) and Article IX (Division and Use of Land) of the Arcadia Municipal Code to prohibit the establishment and operation of medical marijuana dispensaries and other businesses and uses prohibited by local, state or federal law. Chief Sanderson presented the staff report. Commissioner Baderian asked whether other cities have instituted similar ordinances. Chief Sanderson responded that many other cities in California have done ordinances that are banning dispensaries. He said that he did not have a list with him for San Gabriel Valley, but the California Police Association has a list of the cities throughout southern California that do. He said there was an article in the paper today from the Obama Administration, talking about the President's recently appointed drug czar who had a conversation with some residents in Fresno, California, about recent discussions regarding the possibility of legalizing marijuana in California through State Assembly bills. The President's drug czar stated that within the past 10 days, there had been $1.26 billion worth of marijuana plants confiscated and 82 people arrested. The article also stated that from a federal stand point, concurrent with the California Attorney General's opinion, as well as the US Attorney General's opinion, store front medical marijuana dispensaries are nothing more than fronts for drug trafficking organizations and that there is a big movement by the City of Los Angeles and the County of Los Angeles to close these places down. The public hearing was opened. No one 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. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to recommend approval of TA 09-03 to the City Council. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu and Parrille NOES: None ABSENT: Commissioner Beranek PC MINUTES 7-28-09 Page 2 2. MODIFICATION APPLICATION NO. MP 09-02 432 N. Old Ranch Rd. - Frank and Suzanne Tomkins (Property Owners) A 12'-9" second-story side yard setback in lieu of 21'-0" required to allow a new 275 square foot, second-story addition to align with the existing second-story (AMC Section 9251.2.3) Senior Planner, Lisa Flores presented the staff report. The public hearing was opened. Ms. Suzanne Tomkins, 432 Old Ranch Rd., property owner, said that she is hoping the Planning Commission will approve the modification as presented and approve the application. Commissioner Baderian asked whether they agree with the staff report and staff recommendations. Ms. Tomkins, the applicant, indicated that they have read the staff report and are in agreement with all of the conditions. No one else spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to close the public hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve application no. MP 09-02, 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 five working-day appeal period. Appeals are to be filed by August 5, 2009. 3. RESOLUTION NO. 1798 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 09-07, the related parking modification, and Architectural Design Review No. ADR 09-02 for a new 1,273 square-foot office building at an existing church complex located at 1741 S. Baldwin Avenue and 721 W. Lemon Avenue. PC MINUTES 7-28-09 Page 3 4. RESOLUTION NO. 1799 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 09-13 and the related parking modification for a 1,244 square-foot restaurant with seating for 48 patrons at 1228 S. Golden West Avenue. 5. MINUTES OF JULY 14, 2009 MOTION: It was moved by Commissioner Baerg, seconded by Commissioner Hsu to adopt Resolution Nos. 1798 and 1799, and to approve the Minutes of July 14, 2009. Without objection the motion was approved. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille summarized the action taken by the Modification Committee. MATTERS FROM STAFF Mr. Kasama discussed upcoming agenda items. ADJOURNED - 7:15 p.m. Chairman, Planning Commission ATTEST: Secretary, Planning Commission PC MINUTES 7-28-09 Page 4