HomeMy WebLinkAbout11/24/09The Planning Commission of the City of Arcadia met in regular session on Tuesday, November
24, 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 the
Resolution by title only and waive reading the full body of the Resolution. Without objection
the motion was approved.
OTHERS ATTENDING
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, November 24, 2009, 7:00 P.M.
Arcadia City Council Chambers
City Attorney, Steve Deitsch
Development Services Director, Jason Kruckeberg
Community Development Administrator, Jim Kasama
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None
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 -04
Citywide
Consideration of Text Amendment No. TA 09 -04 for a proposed ordinance to amend Article
IX (Division and Use of Land) of the Arcadia Municipal Code to address assembly uses,
schools, tutoring centers and the requirements for Conditional Use Permits for such uses
and to add a provision for reasonable accommodations of issues related to the federal
Religious Land Use and Institutionalized Persons Act of 2000.
Community Development Administrator, Jim Kasama, presented the staff report.
Mr. Deitsch explained that the impetus for this Text Amendment is a Federal statue called
Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) which requires that
cities avoid imposing undue burdens on the exercise of religion. Mr. Deitsch further noted
that the city already has land use ordinances that limit placement of new religious
institutions to residential and commercial office zones only and which also require a
Conditional Use Permit. Since the city is already well developed, it is questionable how
easy it would be for a religious institution to find a new location within the city. In addition,
the current zoning scheme allows other uses typical of assembly in areas where religious
uses are not permitted, thus raising the question of equal protection. The proposed Text
Amendment will amend the code to address these issues.
Chairman Parrille asked about the reference in Section 9214 to religious exercise of a
"person" as opposed to a church or organization.
Mr. Deitsch said that there is no significant difference in meaning between these terms.
Commissioner Baderian asked if the regulations in the Text Amendment would supersede
existing regulations in regard to eminent domain.
Mr. Deitsch explained that the ordinance before the Commission today is related to land use
only and does not directly relate to eminent domain.
Commissioner Baderian asked if the Text Amendment was initiated in response to the letter
of September 4, 2009. Mr. Kasama explained that a church was searching for a location in
the City and the letter that Commissioner Baderian referred to pointed out discrepancies in
regulations related to assembly uses. Consequently, this Text Amendment was developed
to resolve these issues. Mr. Kasama also explained that this Text Amendment is consistent
with the regular updating of Zoning Regulations.
Commissioner Hsu asked if the proposed regulations are in line with the spirit of the General
Plan Update or if there will be a conflict. Mr. Kasama explained that these regulations are
consistent with the General Plan Update.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu to recommend
approval of Text Amendment No. TA 09 -04 to the City Council.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille
NOES: None
CONSENT ITEMS
2. RESOLUTION 1801
A Resolution of the Planning Commission of the City of Arcadia, Califomia, 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, and approval for this
restaurant to utilize off -site parking at 610 -618 E. Live Oak Avenue in lieu of the required on-
site parking for this expansion.
PC MINUTES
11 -24-09
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MOTION:
It was moved by Commissioner Hsu, seconded by Commissioner Baderian to adopt
Resolution No. 1801.
Commissioner Baderian thanked staff for their efforts in resolving this complex issue.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille
NOES: None
3. MINUTES OF OCTOBER 27, 2009
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Baderian to approve
the minutes of October 27, 2009 as presented. Without objection the motion was
approved.
MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION
Chairman Parrille asked staff to take a look at a banner at a business in the shopping
center where the West Arcadia Post Office is located. He said the banner is entirely in
Chinese and covers an old sign and he asked if the banner met code requirements.
MODIFICATION COMMITTEE MEETING ACTIONS
Commissioner Parrille said that there was no Modification Committee meeting today.
MATTERS FROM STAFF
ATTEST:
Mr. Kasama said the agenda for the December 8 Planning Commission meeting will
include review of a Conditional Use Permit for Kid's Island which is located next to LA
Fitness on Baldwin Avenue.
ADJOURNED
Se►, -t
ry,
anning Commission
IL
a
ning
mmission
7:20 p.m.
PC MINUTES
11 -24-09
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