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HomeMy WebLinkAbout1-26-10The Planning Commission of the City of Arcadia met in regular session on Tuesday, January 26, 2010 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: OTHERS ATTENDING MINUTES ARCADIA PLANNING COMMISSION Tuesday, January 26, 2010, 7:00 P.M. Arcadia City Council Chambers 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. Development Services Director, Jason Kruckeberg Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Senior Planner, Lisa Flores Assistant Planner, Tim Schwehr 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. CONDITIONAL USE PERMIT NO. 09 -19 1741 S. Baldwin Avenue Don Crenshaw (Architect) The applicant is requesting a Conditional Use Permit to operate a tutoring center with up to 115 students in an existing, two -story, 4,409 square -foot classroom building and a one -story 2,336 square -foot social hall at an existing church complex. Chairman Parrille recused himself because he lives within 300 feet of the project site, and Vice Chairman Hsu assumed the Chair. Assistant Planner, Tim Schwehr presented the staff report. Commissioner Baerg asked how many students were enrolled at the school at the time of the complaint from a neighbor. Mr. Schwehr explained that a site inspection was conducted in response to the complaint and there were between 45 and 50 students present. Commissioner Baerg asked that, in light of this complaint, how could the proposed increase in enrollment to 115 students be acceptable. Mr. Schwehr explained that another school, Kumon Learning Center, was also operating at the time with up to 40 students, so there were actually 85 to 90 students attending both schools simultaneously. He also noted that Condition Number 3 requires that all other tutoring activities at the site will cease operation prior to the opening of Nobel Institute. Commissioner Baerg asked if this Conditional Use Permit would conflict with Conditional Use Permit 09 -07 to allow construction of a 1,200 square -foot office building. Mr. Schwehr said that Conditional Use Permit 09 -07 will remain in effect for the remainder of the approval period, but will not interfere with ingress or egress from the site for the proposed project. The public hearing was opened. Vice Chairman Hsu asked if anyone wanted to speak in favor of the project. Ms. Michelle Li, representing Nobel Institute, offered to answer the Commissioners' questions. Commissioner Baderian asked Ms. Li if she had read all the conditions of approval in the staff report and if Nobel Institute would comply with these conditions. Ms. Li said the conditions of approval had been reviewed and agreed that Nobel Institute would comply with them. Commissioner Baderian asked Ms. Li why Nobel had been operating without the proper permits. Ms. Li offered her apology and explained that they wanted to conduct a trial use before making the final decision to move the tutoring center. In addition, they thought the original Conditional Use Permit might be valid. Commissioner Baderian asked Ms. Li if they had contacted the city before the trial of the new facility. Ms. Li said that they began looking into the need for city permits in September or October. Commissioner Baderian noted that Nobel Institute continued to operate at the facility without a valid permit. Ms. Li admitted that they had. Commissioner Baerg asked if Nobel would be operating simultaneously at the current location, One West Duarte, as well as at the church. Ms. Li said they want to relocate the entire operation to the church, eventually. Pastor Sid Sybenga, of Hope International Church, said that the church supports this application. Vice Chairman Hsu asked if anyone wanted to speak in opposition to the project. There were none. PC MINUTES 1 -26-10 Page 2 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 since the recommendation for a parking deficiency is so high, he suggests rewording Condition No. 10, which currently reads, "which could result in the closing of the tutoring center" by changing the word, "could" to "will Commissioner Baerg agreed. Mr. Kasama pointed out that the Municipal Code assumes that all uses are occurring simultaneously, hence the large number of parking spaces required. However, in this case, the tutoring center will not be in operation at the same time as other uses. Since the tutoring center, alone, requires only 34 spaces, no parking modification would be required if this were the only use. Commissioner Beranek said that with further clarification of the schedule of uses, this arrangement appears to be satisfactory, and he also pointed out that there was a school at this location in the past. Commissioner Baerg said that although he is concerned about the school operating without a valid permit in the past, he feels that the proposed location is more appropriate for the school than their current location. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baerg to approve Conditional Use Permit No. CUP 09-19, subject to the conditions in the staff report as amended. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek and Hsu NOES: None RECUSED: Chairman Parrille A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. Chairman Parrille resumed the chair. 2. CONDITIONAL USE PERMIT NO. 09 -20 222 -224 S. First Avenue Janice Yen (dba Steps Academy, Inc.) The applicant is requesting a Conditional Use Permit for a 2,255 square -foot tutoring center with up to 40 students. Assistant Planner Tim Schwehr presented the staff report. The public hearing was opened. PC MINUTES 1 -26-10 Page 3 Chairman Parrille asked if anyone wanted to speak in favor of the project. Ms. Janice Yen, the applicant, offered to answer questions. Commissioner Beranek asked if Ms. Yen had read the staff report and conditions of approval, and if she would comply with all conditions. Ms. Yen replied that she is comfortable with all requirements, and will comply with them. 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 suggested changing Condition No. 5 from, "which could result in the closing of the tutoring center," to "which will result in the closing of the tutoring center". MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve Conditional Use Permit No. CUP 09 -20, subject to the conditions in the staff report as amended. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. STUDY SESSION 3. GENERAL PLAN UPDATE HOUSING ELEMENT ISSUES Senior Planner Lisa Flores and Director Jason Kruckeberg presented the staff report. Commissioner Beranek asked for clarification of this step of the General Plan Update process. Mr. Kruckeberg said that the object of this review was to insure that the Commissioners had a good understanding of the housing issues and recommendations included in the Draft Housing Element of the General Plan prior to submission to the State Department of Housing and Community Development (HCD). Once the Draft Housing Element is submitted to the HCD, they have sixty days to review it and to send us a reply. Depending on their response, staff may decide to modify the Housing Element. Finally, the Housing Element will be presented to the Planning Commission as part of the overall Draft General Plan PC MINUTES 1 -26-10 Page 4 Commissioner Baderian asked if the city's RHNA (Regional Housing Needs Assessment) of 2,149 housing units by 2014 could possibly be attained. Mr. Kruckeberg reminded the Commissioners that the city had unsuccessfully appealed this number because of the difficulty of finding the required space while remaining in -line with the recommendations in the General Plan Update. However, with some changes to density and zoning regulations, staff believes they may have found enough space for the required capacity to be met. Chairman Parrille asked what area could accommodate increased residential development. Mr. Kruckeberg said that the density in R -3 areas could be increased from 24 to 30 units per acre. In addition, the downtown area and Live Oak area need invigoration and incentive to spur development so staff may recommend higher density there as well. Chairman Parrille asked how this would affect developers proposing to build only two units on R -3 lots that could accommodate four units. Mr. Kruckeberg explained that a minimum density requirement would be necessary. Otherwise, density would be determined solely by the developer's choice. Chairman Parrille noted that the increased density would have a substantial impact on the entire community, including schools, utilities, services, etc. He asked what the consequences would be if the city were not able to meet these requirements. Mr. Kruckeberg explained that everything in the Housing Element is geared toward meeting existing state requirements. Our objective is to abide by state laws while protecting our residential neighborhoods. However, this document could still be challenged if we do not meet the requirements. Commissioner Baderian asked if the city will have the infrastructure to maintain the level of services traditionally available to our residents. Mr. Kruckeberg explained that infrastructure requirements are being addressed in the Environmental Impact Report. He added that targeting growth to certain areas will serve to protect single family residential areas and will allow the infrastructure review to be focused to these geographic areas. Mr. Kruckeberg noted that there will be an opportunity for formal recommendations at a later date. Chairman Parrille suggested forwarding the comments of the Planning Commission to the City Council, and all the Commissioners agreed. CONSENT ITEMS 4. MINUTES OF JANUARY 12, 2010 MOTION: It was moved by Commissioner Hsu seconded by Commissioner Beranek, to approve the minutes of January 12, 2010 as presented. Without objection the motion was approved. 5. RESOLUTION 1810 A Resolution of the Planning Commission of the City of Arcadia, Califomia, granting Zone Variance application No. ZV 09 -01, Modification application No. MC 09 -36, and Single Family Architectural Design Review No. SFADR 09 -43 to rebuild an existing residence at 231 W. Wistaria Avenue. PC MINUTES 1 -26-10 Page 5 MOTION: It was moved by Commissioner Baderian seconded by Commissioner Hsu, to adopt Resolution No. 1810 as presented. Without objection the motion was approved. There is a five working-day appeal period after the adoption of the Resolution. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS ATTEST: Chairman Parrille reported that Modification Application No. MC 09 -40 for the addition of a sunroom was approved at the Modification Committee Meeting today. MATTERS FROM STAFF None ADJOURNED Sec Planning Commission an, Plarin 9 Commission 8:00 pm PC MINUTES 1 -26 -10 Page 6