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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 Page 2 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 Page 3