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HomeMy WebLinkAbout07-28-09A w"F°8^y MINUTES ARCADIA PLANNING COMMISSION Tuesday, July 28, 2009, 7:00 P.M. 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. 1 Chairman, #1ning Commission ATTEST: Se tart', Planning Commission PC MINUTES 7-28-09 Page 4