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HomeMy WebLinkAbout5-25-10PLEDGE OF ALLEGIANCE ROLL CALL: OTHERS ATTENDING None PUBLIC HEARINGS MINUTES ARCADIA PLANNING COMMISSION Tuesday, May 25, 2010, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, May 25, 2010 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 Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Mr. Kasama noted that each Commissioner was given four items; a letter of withdrawal from the applicants on Item 1, an email on item 2 requesting extension of business hours to 4:00 p.m. instead of 1:00 p.m., information on item 3 from the Arcadia Police Department, and a letter in opposition to item 6. 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. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 10 -04 AND OAK TREE PERMIT NO. TRD 10 -10 1131 Singing Wood Drive Von Jack, Inc. Gary Peters and Eric Betzler This is an appeal to reconsider the Rancho Santa Anita (Upper Rancho) Property Owners Association's Architectural Review Board denial of the proposed design for a new, two -story, single family residence. In addition, eighteen (18) diseased and /or hazardous oak trees are proposed to be removed for this development. This item was withdrawn by the appellant. 2. CONDITIONAL USE PERMIT NO. CUP 10 -04 1741 South Baldwin Avenue Michelle Wang (d.b.a. Nobel Education Institute) Since he lives within 300 feet of the site, Chairman Parrille recused himself and Vice Chairman Hsu assumed the chair. The applicant is requesting an amendment to CUP 09 -19 (Resolution 1811) which permitted a 115 student tutoring center with operating hours of 3:00 p.m. to 6:30 p.m., Monday Friday. The amendment would permit the following four (4) changes: a. Expanded operating hours of 8 :00 a.m. to 6:30 p.m., Monday Friday for a 9 -week period beginning in June and ending in August. b. Saturday classes with operating hours of 10:00 a.m. to 4:00 p.m. and no more than 30 students at any one time. c. A permanent sign to be displayed at a residentially zoned property. d. A temporary banner to be displayed at a residentially zoned property Assistant Planner Tim Schwehr, presented the staff report. Commissioner Baerg asked if the applicant's request for extended hours on Saturday would conflict with activities at the church. Mr. Schwehr explained that this request had been reviewed by church representatives and they determined there would be no conflict with their activities. The Public Hearing was opened. Vice Chairman Hsu asked if anyone would like to speak in favor of this project. Ms. Michelle Wang, representing Nobel Institute, said that she would be happy to answer questions. Commissioner Baderian asked Ms. Wang how the school is advertised. Ms. Wang said that most of their students are referred by word -of -mouth and current students are given flyers about the programs to share with friends and neighbors. Commissioner Baderian asked if there are any signs for the school on the property now. Ms. Wang said there are not. Commissioner Baderian asked why they want to add a permanent sign and two temporary banners. Ms. Wang said that the church complex has several buildings and visitors to Nobel, such as job applicants, suppliers and parents, often have trouble locating their office. She said that signs would solve this problem. As to the temporary banners, Ms. Wang explained that they would be used to announce special events like the beginning of the summer and fall programs, etc. PC MINUTES 5 -25-10 Page 2 Commissioner Baderian asked about the proposed size of the permanent sign. Mr. Schwehr explained that the size and design of the sign would be subject to Design Review by staff so the sign would have to conform to city regulations. Vice Chairman Hsu asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baerg, to close the Public Hearing. Without objection the motion was approved. Commissioner Baerg expressed reservations about a permanent sign and temporary banners in a residential area. He pointed out that without the sign, the center blends in with the residential community but adding signs would change the appearance of the center to a more commercial type area. Commissioner Baderian pointed out that if this application is approved, there may be more requests for these types of signs in residential areas. Commissioner Beranek noted that the tutoring center /church is actually on Baldwin Avenue which is very close to a commercial area and that it appears to be a functional sign rather than a marketing type sign. He added that it is common in schools to post signs announcing registration for the upcoming term. Mr. Kasama pointed out that the photo of the proposed sign is a simulation and that the actual sign could be smaller. He briefly reviewed the regulations for temporary banners including the number of times per year that banners can be used and the length of time that they can be displayed. Commissioner Baderian said that he could support the project if the conditions of approval were amended to restrict the placement of a permanent sign and temporary banners to the Baldwin Avenue side of the property. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Beranek to approve Conditional Use Permit No. CUP 10 -04 subject to the conditions in the staff report, and as amended by the Commission. ROLL CALL AYES: Baderian, Baerg, Beranek and Hsu NOES: None ABSTAIN: 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. PC MINUTES 5 -25-10 Page 3 Chairman Parrille resumed the chair. 3. CONDITIONAL USE PERMIT NO. CUP 10 -05 846 West Duarte Road (dba: Ten Ren's Tea Time) Austin Ming Te Lee of Tea Joy, Inc. The applicant is requesting an amendment to Conditional Use Permit No. CUP 00 -11 (Resolution 1612) to provide 18 additional outdoor seats at an existing 752 square -foot tea house that currently has 22 indoor seats and 12 incidental outdoor seats. Community Development Administrator, Jim Kasama, presented the staff report. The public hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Ms. Chang, project coordinator for the applicant, said that the applicant had reviewed the staff report and agrees to comply with all conditions. Ms. Chang offered to answer the Commissioners' questions. Chairman Parrille asked if anyone wanted to speak in opposition to this 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 noted the memo from the Police Department concerning the possibility of gambling at this location, but said that since there had not been any official reports he would support the application. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve Conditional Use Permit No. CUP 10 -05 subject to the conditions in the staff report. ROLL CALL: AYES: 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. Thee will be a five working day appeal period after the adoption of the Resolution. 4. CONDITIONAL USE PERMIT NO. CUP 10 -06 411 East Huntington Drive, #122 Golden Dragon Restaurant Enterprises, Inc. PC MINUTES 5 -25-10 Page 4 The applicant is requesting an amendment to CUP 91 -12 (Resolution 1470) which permitted a restaurant with seating for 18 persons. The amendment would permit the following changes: a. Increase the maximum allowable seating from 18 persons to 48 persons. b. Remove the condition that prohibits the serving of alcoholic beverages. Assistant Planner, Tim Schwehr, presented the staff report. Commissioner Baderian asked to verify that alcohol consumption would be on -site only and he asked when staff last visited the site. Mr. Schwehr said the consumption of alcohol would be restricted to on -site only and that he had visited the site about three weeks ago. Chairman Parrille noted that there are two other restaurants in operation in the center and he asked Mr. Schwehr if parking congestion was anticipated with the addition of a third restaurant. Mr. Schwehr said there were no parking problems anticipated. The public hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. Stan Szeto, representing the applicant, Golden Dragon, said that the original restaurant devoted a lot of space to buffet service but the new restaurant wanted a more traditional seating plan. Mr. Szeto also explained that alcoholic beverages would be limited to wine and beer only. Commissioner Baderian noted that when staff visited the restaurant the seating had already been changed without applying for a Conditional Use Permit. Mr. Kasama explained that the seating arrangement had been changed before the current owner bought the restaurant. Chairman Parrille asked if anyone wanted to speak in opposition to this 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. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu to approve Conditional Use Permit No. CUP 10 -06 subject to the conditions in the staff report. ROLL CALL: AYES: Baderian, Baerg, Beranek, Hsu and Parrille NOES: None PC MINUTES 5 -25-10 Page 5 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. 5. TENTATIVE PARCEL MAP NO. TPM 10-01 (Parcel Map No. 71302) 1016 La Cadena Avenue 41 Califomia, LLC (property owner) The applicant is requesting a tentative parcel map for a 2 -unit residential condominium subdivision. Assistant Planner Tim Schwehr, presented the staff report. The public hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. Hank Jong, Civil Engineer for the project, represented the owner. He said the owners had reviewed all conditions and would comply with them. He offered to answer the Commissioners' questions. Commissioner Beranek asked Mr. Jong why the applicant chose to build only two units when the lot would have supported four units. Mr. Jong explained that the size of the project is determined by the owner. Chairman Parrille asked if visitor parking is provided for the units and Mr. Jong said that there are two visitor spaces on site. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none MQT{l. It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to close the Public Hearing. Without objection the motion was approved. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to approve Tentative Parcel Map No. TPM 10 -01 (Parcel Map No. 71302) subject to the conditions in the staff report. ROLL CALL: AYES: Baderian, Baerg, Beranek, Hsu and Parrille NOES: None There is a ten (10) day appeal period after the approval /denial of the subdivision. Appeals are to be filed by 5:30 p.m. on Monday, June 7, 2010. PC MINUTES 5 -25-10 Page 6 6. MODIFICATION APPLICATION NO. MP 10 -01 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 10 -08 728 West Huntington Drive Sanyao Intemational, Inc. (Designer) The applicant is requesting the following modifications and architectural design review for a proposed 5 -unit residential condominium project on an R -3 multiple family zoned property: a. A 25' -0" front yard setback in lieu of the 35' -0" special setback required; b. A 5' -0" building separation in lieu of 14' -0" required; and c. A 12' -0" westerly side yard setback in lieu of 15' -0" required for an air conditioning unit. Assistant Planner Tim Schwehr, presented the staff report. Commissioner Hsu asked if there is a decibel level limit requirement for air conditioning units and Mr. Schwehr said that there is and it is verified by an on -site inspector. The public hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. Robert Tong, project designer, offered to answer the Commissioners' questions. Commissioner Beranek asked why, if the site could support nine units, the applicant chb to build only five. Mr. Tong explained that although the proposed project meets standards, the lot is narrow and allows for only a single driveway, which was a factor in determining the number of units. Chairman Parrille asked if anyone wanted to speak in opposition to this project. There were none. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to close the ff�� Public Hearing. Without objection the motion was approved. RA( °TION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian to approve Modification Application No. MP 10 -01 and Architectural Design Review No. ADR 10 -08. subject to conditions in staff report. SOLI_ CALL: AYES: Baderian, Baerg, Beranek, Hsu and Parrille NOES: None PC MINUTES 5 -25-10 Page 7 There is a five working day appeal period after the approval/denial of the applications. Appeals are to be filed by 5:30 p.m. on Wednesday, June 2, 2010. 7. TEXT AMENDMENT NO. TA 10 -11 Consideration of Text Amendment No. TA 10 -11 for a proposed ordinance amending Article IX (Division and Use of Land) of the Arcadia Municipal Code to define and address regulations for personal service business uses and the requirements for Conditional Use Permits for such uses. RECOMMENDATION: Recommend approval to City Council Community Development Administrator, Jim Kasama, presented the staff report. The public hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. There were none. Chairman Parrille asked if anyone wanted to speak in opposition to this 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 is in favor of tighter controls on this type of business. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Baerg to recommend approval of Text Amendment No. TA 10 -11 to the City Council. Commissioner Beranek asked what the cost will be for a Conditional Use Permit. Mr. Kasama said it will be $1200. He explained that as proposed, the fee would apply to new businesses only. However, the City Council may choose to apply the new requirements to existing businesses, or when there is a change in ownership. ROLL CALL: AYES: Baderian, Baerg, Hsu and Parrille NOES: Beranek The Planning Commission's recommendation and comments will be forwarded to the City Council. PC MINUTES 5 -25-10 Page 8 CONSENT ITEMS 8. MINUTES OF MAY 11, 2010 RECOMMENDATION: Approval MOTION: It was moved by Commissioner Baderian seconded by Commissioner Beranek, to approve the minutes of May 11, 2010 as presented. Without objection the motion was approved. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Commissioner Beranek pointed out that two of the projects reviewed at the meeting underutilized the number of units allowed for the lot. Chairman Parrille made the same observation and asked if this was in accordance with the General Plan. Commissioner Baderian asked when workshops were planned to provide information on the General Plan and Mr. Kasama said there is a workshop scheduled for June 3 and another later in June. He said the Commission can expect hearings on the General Plan in late summer or the fall. Commissioner Baderian asked if there was any news on the Caruso project and Oak Tree at the Santa Anita Race Track. Mr. Kasama said the cancellations /renegotiations of Santa Anita's agreements were probably a result of the bankruptcy proceedings and the outcomes are unknown. MODIFICATION COMMITTEE MEETING ACTIONS Chairman Parrille reported there were three items approved by the Modification Committee this morning. They were MC09 -15 for a Parking Modification, MC 10 -05 for fence height, and MC 10 -12 for front yard and side yard setbacks. MATTERS FROM STAFF Mr. Kasama briefly reviewed the upcoming items for the next Planning Commission meeting including the annual determination that the Capital Improvement Program is consistent with General Plan, and a tentative parcel map to subdivide two Tots into for four new tats that will finish a one -sided cul -de -sac. Commissioner Baderian asked when the Planning Commission reorganization was scheduled. Mr. Kasama said that reorganization will be likely be scheduled for the first meeting in July. Mr. Kasama said that Commissioner Hsu's term will end on June 30 and the City Council will appoint a new Commissioner in July. PC MINUTES 5 -25 -10 Page 9 ADJOURNED ATTES Secr rY, lanning Commission 8:05 p.m. an, Planni g Commission PC MINUTES 5 -25-10 Page 10