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This item was withdrawn by the appellant.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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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ADJOURNED
ATTES
Secr
rY,
lanning Commission
8:05 p.m.
an, Planni g Commission
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