HomeMy WebLinkAbout10-27-09PLEDGE OF ALLEGIANCE
ROLL CALL:
MOTION:
OTHERS ATTENDING
None
PUBLIC HEARINGS
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, October 27, 2009, 7:00 P.M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 27,
2009 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive
with Chairman Parrille presiding.
PRESENT: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille
ABSENT: None
It was moved by Commissioner Baderian and seconded by Commissioner Hsu to read the
Resolutions by title only and waive reading the full body of the Resolutions. Without
objection the motion was approved.
Deputy Development Services Director /City Engineer, Phil Wray
Community Development Administrator, Jim Kasama
Associate Planner, Tom Li
Assistant Planner, Tim Schwehr
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
The City Attorney has recommended an additional provision to Condition 10 of Item 1,
requiring that the agreements regarding supplemental parking be recorded against the
subject property as well as the property where the supplemental parking will be located.
Two letters of opposition to Item 3 were distributed to the Commissioners.
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
1. CONDITIONAL USE PERMIT NO. CUP 09 -09 Continued from September 22, 2009
510 -512 E. Live Oak Avenue; 529 -555 E. Live Oak Avenue; 600 -618 E. Live Oak Avenue
Michael Hsiao
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 Avenue, and approval
for this restaurant to utilize off -site parking at either or both of the nearby commercial centers
located at 529 -555 E. Live Oak Avenue or 600 -618 E. Live Oak Avenue in lieu of the
requried on -site parking for this expansion.
Assistant Planner Tim Schwehr, presented the staff report.
Commissioner Beranek said that he remembered from the last meeting that the applicant
was going to try to make parking arrangements on a more permanent basis rather than on a
month -to -month basis.
Assistant Planner Schwehr explained that it was suggested that the City serve as a third
party to any lease agreement so that City approval would be required for cancellation of the
agreement. This would serve to extend the lease and provide the applicant with the
flexibility to enter into a contract with one of the other properties nearby if it was deemed
beneficial by the City or the applicant.
Chairman Parrille noted that the proposed leases are month -to -month tenancies which
means that the landlord could terminate the parking lease on a thirty day notice, for
example. A covenant would run with the land and if the landlord on the adjoining property
were to terminate the lease, that would put an end to the proposed use.
The public hearing was opened.
Chairman Parrille asked if anyone wanted to speak in favor of the project.
There were none.
Chairman Parrille asked if anyone wanted to speak in opposition to the project.
There were none.
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu to close the
public hearing. Without objection the motion was approved.
Commissioner Baderian asked to confirm that termination of the month-to -month lease at
either of the two locations would negate this Conditional Use Permit.
Mr. Schwehr confirmed that with termination of a parking lease, the applicant would no
longer be in compliance and so they would automatically convert back to the terms of the
previous Conditional Use Permit. He also stated that the applicant is aware of this and has
agreed to comply with these conditions.
Commissioner Beranek asked for the status of code violations at this business.
Mr. Schwehr said that the applicant is in the process of having the signs changed to comply
with code requirements and that although the karaoke equipment is still on site, it is not in
use.
Commissioner Beranek noted that the applicant has a history of non compliance with code
regulations even with repeated Code Services contact. He asked if the applicant will
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comply with the condition requiring the addition of a bathroom and he pointed out that
although serving beer and wine is supposed to be incidental to the business, the neighbors
claim it is much more extensive.
Chairman Parrille said that Condition 4 does not prohibit live entertainment but only that it is
subject to an Entertainment Permit, and that the applicant could reapply for a permit for live
entertainment at a later date.
Commissioner Baderian asked if Condition 4 could be revised to eliminate this possibility.
Staff said, yes, it could.
Commissioner Hsu said that although generally, he is in favor of encouraging successful
businesses to remain in the city, he is concerned about patrons having to cross the very
busy street, Live Oak Avenue, to get to and from the parking lot.
Commissioner Baerg said that he is also concerned about the heavy traffic that patrons
would have to contend with when crossing from the parking lot. He also asked if the
applicant is not allowed to provide live entertainment, why is the karaoke machine still there.
Commissioner Baderian suggested amending the Conditions of Approval to state that the
only off -site parking to be allowed for this business would be at 600 -618 E. Live Oak
Avenue. He asked if that would satisfy the parking deficiency and Mr. Schwehr said that it
would.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve
Conditional Use Permit No. CUP 09 -09 subject to the following amended conditions: (1)
condition 4 to include a provision that live entertainment is prohibited, (2) condition 10 to
include wording about recording the agreements and that the City be a third party to the
parking agreements, and (3) assignment of off -site parking be restricted to 600 -618 E. Live
Oak Avenue only.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Hsu, and Parrille
NOES: Commissioner Beranek
Based on previous code violations, Commissioner Baderian asked that staff periodically
inspect the facility to ensure compliance with all conditions, and report back to the
Commission.
2. CONDITIONAL USE PERMIT NO. CUP 09 -17
52 East Live Oak Avenue
Peter Monsod
The applicant is requesting a Conditional Use Permit for a 2,800 square -foot martial arts
studio with1,400 square -feet of instruction area and 1,400 square -feet of retail at 52 East
Live Oak Avenue.
Assistant Planner Tim Schwehr presented the staff report.
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Commissioner Beranek asked if there is any physical barrier between the studio and the rest
of the facility.
Mr. Schwehr said there is no physical barrier and that a martial arts equipment and apparel
store is planned for that space. He said that the applicant will be limited to 1400 square
feet for instructional activities.
The public hearing was opened.
Chairman Parrille asked if anyone wanted to speak in support of the project.
There were none.
Chairman Parrille asked if anyone wanted to speak in opposition to the project.
There were none.
MOTION:
It was moved by Commissioner Beranek seconded by Commissioner Hsu to close the public
hearing. Without objection the motion was approved.
Commissioner Baderian asked if the program would run throughout the year and would
there be any tournaments. Mr. Schwehr confirmed that the applicant plans to conduct the
program throughout the year and informed the Commission that the applicant was in
attendance.
Chairman Parrille asked if the applicant was aware that they can respond to questions.
The public hearing was reopened.
Mr. Peter Monsod, the applicant, said that classes are to be held throughout the year,
except for holidays, and that they will not be holding tournaments, only classes.
Commissioner Baderian asked about the plans for the other half of the building. Mr. Monsod
said they are planning to sell martial arts and fitness related equipment there. He explained
that the retail use would mostly occur during the daytime with martial arts classes tol be held
in the evenings and on weekends only. They will overlap only on Saturdays for a few hours.
Commissioner Baderian asked Mr. Monsod if he had seen the staff report and if he would
comply with all conditions. Mr. Monsod said that he understood the conditions of approval
and would comply with all of them.
MOTION:
It was moved by Commissioner Hsu seconded by Commissioner Baderian to close the
public hearing. Without objection the motion was approved.
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MOTION:
It was moved by Commissioner Hsu, seconded by Commissioner Baderian to approve
Conditional Use Permit No. CUP 09 -17 subject to the conditions in the staff report and to
adopt Resolution No. 1808.
RESOLUTION NO. 1808
A Resolution of the Planning Commission of the City of Arcadia, Califomia, granting
Conditional Use Permit No. CUP 09 -17 to operate a martial arts studio with a maximum
of twelve (12) students in a 2,800 square -foot commercial unit at 52 E. Live Oak Avenue.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille
NOES: None
3. CONDITIONAL USE PERMIT NO. CUP 09 18
1130 South Baldwin Avenue, Unit A3 (dba JJ Bakery)
Daphne Shen of Pacific Design Group (Representative of lessee, JJ Bakery)
The applicant is requesting a Conditional Use Permit and the related Parking Modification
for an existing 2,634 square -foot bakery to provide 20 seats and serve breakfast from 6:30
a.m. to 11:00 a.m., seven days a week.
Associate Planner Tom Li presented the staff report.
Commissioner Baderian noted that the site currently has a deficiency of 12 parking spaces
and approval of this CUP would increase the deficiency to 25.
Commissioner Hsu asked if a formal parking study had been conducted and Mr. Li said the
applicant's study is based on a two day count.
Commissioner Baerg noted that the current business hours are 7:30 am to 8:00 pm and they
want to open an hour earlier to serve breakfast from 6:30 am to 11:00 am.
The public hearing was opened.
Chairman Parrille asked if anyone wanted to speak in favor of the project.
There were none.
Chairman Parrille asked if anyone wanted to speak in opposition to the project.
There were none.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu to close the
public hearing. Without objection the motion was approved.
Commissioner Baderian said that he would like to support the business expansion but
cannot support the increase in a parking deficiency.
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Commissioner Hsu asked what would be done with the tables and chairs after 11:00. Staff
replied that they would be removed.
Mr. Kasama pointed out that the increase in parking deficiency is because of the change
from retail to restaurant status and that, in any case, the increase would only occur in the
moming so there would be no overlap with the other businesses in the center as most of
their activities occur in the afternoon and evening.
Chairman Parrille asked if the Police Department had commented on this application, and
noted that there is an acute parking problem at this shopping center that also affects traffic
on Baldwin Avenue, which would have impacts well beyond this shopping center.
Commissioner Beranek noted that in the moming when the applicant is proposing to serve
breakfast, there are 57 parking spaces available and that the limited business hours of the
breakfast service would not conflict with the hours of the other businesses in the shopping
center.
Commissioner Baerg noted that the Dumpling House, which does a very brisk business,
opens at 11:00 am and said he feels that there could be a conflict with the bakery hours. He
suggested that the bakery limit their breakfast hours to 6:30 am to 10:00 or 10:30 am.
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu to approve
Conditional Use Permit No. CUP 09 -18 subject to the conditions in the staff report and adopt
Resolution No. 1807 amending the dosing time for breakfast service in Condition 1 from
11:OOamto10:00am.
RESOLUTION NO. 1807
A Resolution of the Planning Commission of the City of Arcadia, California, granting
Conditional Use Permit No. CUP 09-18 for an existing 2,634 square -foot bakery to provide
20 seats and serve breakfast from 6:30 a.m. to 10:00 a.m., seven days a week, at 1130 S.
Baldwin Avenue, Unit A3.
ROLL CALL:
AYES: Commissioners Baerg, Beranek, Hsu
NOES: Commissioners Baderian, Parrille
CONSENT ITEMS
4. MINUTES OF OCTOBER 13, 2009
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve the
minutes of October 13, 2009 as presented. Without objection the motion was approved.
MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION
None
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MODIFICATION COMMITTEE MEETING ACTIONS
Commissioner Parrille said that there was no Modification Committee meeting today.
MATTERS FROM STAFF
ADJOURNED
ATTEST:
Mr. Kasama said there is nothing scheduled for the November 10 meeting at this time, but
the November 24 meeting will include the religious land use issue and City Attomey Steve
Deitsch will attend.
$ecra Planning Commission
h anning Commission
7:50 p.m.
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