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HomeMy WebLinkAbout08-11-09A ~UFOy MINUTES ARCADIA PLANNING COMMISSION Tuesday, August 11, 2009, 7:00 P.M. unity of ° Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, August 11, 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, Beranek, Hsu, and Parrille ABSENT: None MOTION: It was moved by Commissioner Hsu and seconded by Commissioner Beranek to read all resolutions by title only and waive reading the full body of the resolutions. Without objection the motion was approved. OTHERS ATTENDING Community Development Administrator, Jim Kasama Associate Planner, Tom Li Assistant Planner, Tim Schwehr Business License Officer, Silva Verge[ SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama distributed a letter from Avant Garde Design International asking that item no. 1, CUP 09-09 be continued. 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. 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. Assistant Planner Tim Schwehr presented the staff report. Commissioner Baderian asked, based upon the information provided and past history of this project, whether there would be any other potential opportunities to mitigate the parking concerns. He asked if this was to be continued, are there other areas to make up the deficient parking within 100ft? Mr. Schwehr responded that there are some potential locations to the southwest. There is a church nearby but they have not agreed to lease their parking lot. In addition to that, there is an underused parking lot at an adjacent center which had been contacted, but they have not received a response at this time. Commissioner Baerg asked whether the applicant has offered a proposal to address the deficit in restrooms. Mr. Schwehr responded that the Building Official, Don Stockham, was specific on what would be required and that they would have to change the interior to meet building requirements. Commissioner Baerg asked, if this was continued, would they continue to operate during the period of continuation in non-conforming state. Mr. Schwehr responded that they would be required to shut down the expanded section of the restaurant during the period of continuation and they would remove the equipment for live entertainment and the karaoke machine. When asked, Mr. Schwehr stated that he had been at the location that day and the equipment was still there. Mr. Kasama noted that the equipment is still present, but they have not had any reports or observations that they are conducting live entertainment since the violation. The public hearing was opened. No one spoke in favor or in opposition to this item. Commissioner Baderian made the comment that 5 yrs ago they were given a Conditional Use Permit to operate under a certain set of rules which included a limit for 68 patrons, and not to have any kind of amplified sound. It appears that the applicant has violated that conditional use permit and is now asking for another conditional use permit to increase seating and to provide entertainment. He said that he does not see reason for a continuance to further the possibility of addressing the parking deficiency or addressing the code violations that have occurred since staff's visit. He stated that he does not want a continuance. Commissioner Baerg agreed with the statement from Commissioner Baderian. Commissioner Beranek said that it seems the big issue is parking; the main reason why staff is asking for denial of the conditional use permit is due to parking. If that issue could be addressed, he said that he would be willing to grant a continuance. They would have to close the expansion area off until there was a vote from the PC MINUTES 8-11-09 Page 2 Planning Commission. Also, the permit to sell beer and wine could become an issue as they have the permit in relation to restaurant use, not bar use. Commissioner Hsu stated that the code violation and enforcement is a separate issue. The Planning Commission should try to see if the applicant can comply with the parking requirements. Based on the letter submitted by the applicant, it seems that they are trying to meet the requirement. Commissioner Hsu said that he is inclined to give them the opportunity. In response to the comments by the other Commissioners, Chairman Parrille said that this is a dilemma as there are merits to the application, but also concerns from the Commissioners. He stated that to have a determination as to an approval, denial, or continuance, a motion is needed. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu to continue the public hearing to September 22, 2009. ROLL CALL: AYES: Commissioners Beranek, Hsu and Parrille NOES: Commissioners Baderian and Baerg 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. Associate Planner Tom Li presented the staff report and explained that due to a conflict with Arcadia Redevelopment Agency Resolution No. ARA-172, it is recommended that this item be continued to the September 22, 2009 meeting. The public hearing was opened. In response to a question from Commissioner Baderian, Mr. Li responded that the next meeting of the redevelopment agency will be their first meeting in September. Commissioner Baderian commented that there would be time to have the discussion at the Council meeting prior to the next Planning Commission meeting. No one spoke in favor of or in opposition to this item. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to continue the public hearing to September 22, 2009. The motion was passed without objections. PC MINUTES 8-11-09 Page 3 CONSENT ITEMS Chairman Parrille explained that if there is no objection, the consent items may be acted on with one motion and vote. 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. 4. MINUTES OF JULY 28, 2009 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to adopt Resolution No. 1800, and to approve the Minutes of July 28, 2009. Commissioner Beranek stated that he is abstaining due to his absence from those items. Without further comment or objection, the motion was approved. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION No Planning Commission meeting on 8/25. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille summarized the action taken by the Modification Committee. MATTERS FROM STAFF Mr. Kasama discussed upcoming agenda items. Mr. Kasama stated that they will need a Planning Commissioner for the September 8 Modification Committee meeting and it was decided that Commissioner Baerg will chair the meeting. ADJOURNED AT 7:30 P.M. TO SEPTEMBER 8, 2009 airman, `p, anning Commission ATTEST: Secr§~, Planning Commission PC MINUTES 8-11-09 Page 4