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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 PC MINUTES 10 -27-09 Page 2 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. PC MINUTES 10 -27 -09 Page 3 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. PC MINUTES 10 -27 -09 Page 4 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. PC MINUTES 10-27 -09 Page 5 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 PC MINUTES 10 -27-09 Page 6 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. PC MINUTES 10 -27 -09 Page 7