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HomeMy Public PortalAboutMinutes - 2007/03/27 - Regular (2)" " " PLANNING COMMISSION MINUTES MARCH 27, 2007 INITIATION: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL: Commissioners: Yu, Seibert, Blum, Griffiths, Le Berthon Also Present: City Attorney Martin, Community Development Manager Lambert, Assistant Planner Gulick, and Assistant Planner Liu 4. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: No one came forth at this time. 5. CONSENT CALENDAR: A. APPROVAL OF MINUTES: March 13, 2007 RECOMMENDATION: APPROVE AS SUBMITTED B. TIME EXTENSION REQUEST FOR TENTATIVE TRACT MAP 61594 SITE ADDRESS: 5615  27 WELLAND AVENUE PROPERTY OWNER: SUNG SUN CHEN 1105 S. FIRST AVENUE ARCADIA, CALIFORNIA 91006 OWNER: SUNNY S. CHAN AND GRACE S. KWOK REVOCABLE TRUST 6047 TEMPLE CITY BOULEVARD ARCADIA, CALIFORNIA 91006 APPLICANT/ EGL ASSOCIATES, INC ENGINEER: 11819 GOLDRING ROAD, UNIT A ARCADIA, CALIFORNIA 91006 RECOMMENDATION: APPROVE ONE -YEAR EXTENSION REQUEST FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP. Planning Commission Minutes Date of Hearing: March 27, 2007 Page 2 Vice Chairman Seibert - Made a motion to approve the minutes dated March 13, 2007 with corrections on page five, and a one -year extension request for a previously approved Tentative Tract Map, seconded by Commissioner Blum and unanimously carried. 6. UNFINISHED BUSINESS: NONE 7. NEW BUSINESS: A. PUBLIC HEARING: A CONDITIONAL USE PERMIT TO ALLOW THE ESTABLISHMENT OF A TUTORING BUSINESS NAMED LEADERS ACADEMY AT 5923 CLOVERLY AVENUE. THE BUSINESS WILL UTILIZE AN EXISTING 1,222 SQUARE FOOT COMMERCIAL UNIT AND IS PROPOSED TO HAVE A MAXIMUM OF TWENTY (20) STUDENTS RANGING FROM 5 TO 11 YEARS OLD AT EACH CLASS AND PROPOSES TO OPERATE FROM 3:00 P.M. TO 6:00 P.M., MONDAY THROUGH FRIDAY. THE SUBJECT SITE IS LOCATED IN THE CITY'S WEST COMMERCIAL DISTRICT (WC) OF THE DOWNTOWN SPECIFIC PLAN AND IS ZONED COMMERCIAL BY THE GENERAL PLAN SITE: 5923 CLOVERLY AVENUE CASE NO.: CONDITIONAL USE PERMIT 07 -1690 PROPERTY OWNER: WEI & WANG FAMILY TRUST 3105 MONTEREY RD SAN MARINO, CALIFORNIA 91108 APPLICANT: RECOMMENDATION: LEADERS ACADEMY 5923 CLOVERLY AVE TEMPLE CITY, CALIFORNIA 91780 1) HEAR STAFF REPORT 2) HEAR THOSE FOR AND AGAINST 3) CATEGORICALLY EXEMPT (15301) 4) ADOPT RESOLUTION Chairman Yu — Asked for a Staff Report. Community Development Manager Lambert - Gave the Staff Report dated March 27, 2007. Assistant Planner Liu — Gave a PowerPoint presentation. Chairman Yu — Asked if there were any questions from the Planning Commission for the Staff. The Planning Commissioners had questions for the Staff at this time. • Planning Commission Minutes Date of Hearing: March 27, 2007 Page 3 Vice Chairman Seibert Asked Community Development Manager Lambert if another school exists within the same shopping center. Community Development Manager Lambert — Stated that a school currently exists in the shopping center. City Attorney Martin — Stated that the parking requirement should be higher than one parking space per tutor in businesses that provide educational services. Community Development Manager Lambert — Stated that he concurs with City Attorney Martin and perhaps the parking requirements for educational services should be revisited. Commissioner Griffiths — Stated that he had no objection to this request, however, would prefer a retail business at the site. Community Development Manager Lambert — Stated that the Downtown Specific Plan could be revised, however the site seems adequate to accommodate a tutoring use. Commissioner Le Berthon — Asked Assistant Planner Gulick if there is a Zone in the Downtown Specific Plan where tutoring services would not be allowed. Assistant Planner Gulick — Stated that tutoring facilities are not allowed in the Gateway Commercial, City Center, Temple City Boulevard, and East Commercial Districts. Assistant Planner Liu — Stated that though some legal non - conforming educational services exist, tutoring services are allowable in the West Commercial District with approval of a Conditional Use Permit. City Attorney Martin — Stated that a discussion needs to be conducted regarding a code amendment to the Downtown Specific Plan and parking standards for tutoring and educational services. Chairman Yu — Asked if there were any additional questions from the Planning Commission for the Staff. No Commissioners had questions for the Staff at this time. Opened the Public Hearing and invited the applicant to speak. Stanley Szeto, 879 W. Ashma Rd., Montebello, CA 90640 - Stated that he is a representative of the applicant. Stated that the applicant is requesting a maximum of 20 students, however, the facility currently provides educational services for two students. Stated that if the facility were to tutor 20 students they would have a maximum of four to five tutors to comply with the parking guidelines. Stated that the applicant would like to provide a shuttle van service in conjunction with tutorial services to pick up students to minimize the impact of traffic. Vice Chairman Seibert — Asked the representative where the students would be picked up. Stanley Szeto, 879 W. Ashma Rd., Montebello, CA 90640 - Stated that the students would be picked up from their homes. • Planning Commission Minutes Date of Hearing: March 27, 2007 Page 4 Chairman Yu - Asked the representative for the hours of operation. Stanley Szeto, 879 W. Ashma Rd., Montebello, CA 90640 - Stated that the business would be open Monday through Friday from 3p.m. — 6p.m. Stated that tutorial services would not be available on the weekends. Commissioner Le Berthon — Asked the representative if the tutors are required to be licensed by the State of California. Stanley Szeto, 879 W. Ashma Rd., Montebello, CA 90640 - Stated that the tutors are licensed by the State of California. Vice Chairman Seibert — Asked the representative the length of time the business had been in operation without a Business License. Stanley Szeto, 879 W. Ashma Rd., Montebello, CA 90640 - Stated that the business had been open approximately three months prior to applying for a Conditional Use Permit. Chairman Yu — Asked if anyone from the public would like to speak in favor or against the proposed project. No one came forth at this time. Vice Chairman Seibert — Made a motion to close the Public Hearing, seconded by Commissioner Blum and unanimously carried. Commissioner Griffiths - Stated that he could make the findings to approve this request, however, would prefer a different type of business at the site. Commissioner Blum — Stated that he concurs with fellow Commissioner Griffiths. Stated that the request meets the findings for approval. Commissioner Le Berthon — Stated that he concurs with fellow Commissioners Blum and Griffiths. Vice Chairman Seibert — Stated that he concurs with his fellow Commissioners. Chairman Yu — Stated that he also concurs with his fellow Commissioners. Commissioner Griffiths Made a motion to approve Conditional Use Permit 07 -1690, with the attached Draft Resolution, seconded by Commissioner Blum and unanimously carried. Chairman Yu — Stated that the application was approved 5 -0 and stated that there is a 15 -day appeal /review period. 8. COMMUNICATIONS: MATTERS FROM COMMUNITY DEVELOPMENT MANAGER LAMBERT Community Development Manager Lambert — Stated that usually only the Staff attends the American Planning Association conference, however, we can make room in the budget for the next fiscal year for members of the Planning Commission to attend if they wish. • Planning Commission Minutes Date of Hearing: March 27, 2007 Page 5 Commissioner Griffiths Asked Community Development Manager Lambert if the conference would be geared toward Planning Commissioners. Community Development Manager Lambert Stated that the conference is geared toward planning staff. Vice Chairman Seibert — Stated that he feels that it would not be necessary for the Planning Commission to attend. Chairman Yu — Stated that he would be interested in attending the American Planning Association Conference. Community Development Manager Lambert — Stated that he could add a tentative spot in the budget for a Planning Commissioner to attend the American Planning Association conference. Stated that the Parks and Recreation Commission would like to have a joint meeting with the Planning Commission regarding the possibility of placing a pocket park in Temple City. Commissioner Griffiths — Asked City Attorney Martin for the definition of a pocket park. City Attorney Martin — Stated that a pocket park is a small park the size of 2 -3 parcels. Commissioner Blum — Stated that Temple City falls below the national average of square footage for parks per capita. Stated that the City could apply for funds from the rivers and mountain conservancy. City Attorney Martin — Stated that the most efficient way to build a park is to take over a business that is not doing well by purchase or eminent domain. Commissioner Le Berthon — Stated that an alternative to taking property by eminent domain might be to put in a bid for a property that is for sale. Commissioner Griffiths — Stated that eminent domain is usually not a favorable option to the public, however, is a tool that could be used. City Attorney Martin — Stated that condemning land by eminent domain would be necessary to build a pocket park, however, the City Council is not in favor of land condemnation. Stated that combining a park, playground, and parking in a commercial area would increase sales tax, however, purchasing land would be costly. Chairman Yu — Stated that Staff should study pocket parks prior to having a joint meeting with the Parks and Recreation Commission. Commissioner Blum — Stated that input is needed from the public to find what they would like for the future of the City. Commissioner Griffiths — Stated that he felt that eminent domain would be necessary to improve the City. Asked City Attorney Martin what authority the Planning Commission has • regarding large -scale changes. Planning Commission Minutes Date of Hearing: March 27, 2007 Page 6 City Attorney Martin — Stated that the Planning Commission could only make recommendations to the City Council regarding changes in the City's General Plan. Chairman Yu — Stated that the City Council should have a vision for the residents of Temple City. Vice Chairman Seibert — Stated that he would like to concentrate on issues such as low and moderate - income housing, senior housing, and the redevelopment of Rosemead Boulevard prior to focusing on a pocket park. City Attorney Martin — Stated that the City would need to construct multi -story buildings to meet the housing element allocations since there is no land in the City to expand upon. Commissioner Le Berthon — Stated that a general commercial outline should be made to attract ideal businesses from Las Tunas Drive to Rosemead Boulevard. Community Development Manager Lambert - Stated that a mixed -use overlay could be adopted for smaller commercial parcels to encourage additional housing. Commissioner Griffiths — Stated that perhaps the southerly portion of the City could be rezoned to accommodate low and moderate - income housing. City Attorney Martin — Stated that three options exist to resolve the current housing issues; 1) rezone Welland Avenue from Live Oak to Freer to an R -4 area, 2) to rezone a portion of the county area that would be annexed, 3) or to construct multi level buildings. Commissioner Blum — Stated that the Staff should create a list of issues in Temple City that should be reviewed. City Attorney Martin — Stated that he would like the Planning Commission to entertain a motion to agendize the consideration of changes in the General Plan. Vice Chairman Seibert — Made a motion to agendize the consideration of changes in the General Plan, seconded by Commissioner Blum and unanimously carried. Commissioner Blum — Stated that he would like service clubs, the Chamber of Commerce, realtors, the school district, and the Parks and Recreation Commission to get involved in the amendment of the General Plan. Vice Chairman Seibert — Stated that he would like the Asian community to be involved. City Attorney Martin — Stated that he would like to entertain a motion to study the required review of the General Plan. Vice Chairman Seibert — Made a motion to have a study session regarding the required review of the General Plan, seconded by Commissioner Blum and unanimously carried. Community Development Manager Lambert — Asked Chairman Yu if he would like the Staff to create a Public Hearing Notice regarding changes and review of the General Plan. • Planning Commission Minutes Date of Hearing March 27, 2007 Page 7 Chairman Yu — Stated that he would like the changes and review of the General Plan to be noticed as a Study Session. Stated that he would like to hear input from various organizations throughout the City. Commissioner Le Berthon - Asked Community Development Manager Lambert if he attended the Public Hearing regarding the Caruso development in Arcadia. Community Development Manager Lambert — Stated that he did not attend the Planning Commission meeting in the City of Arcadia, however, City Attorney Martin did send a letter stating the City's concerns regarding the Caruso project. 9. MATTERS FROM CITY OFFICIALS: NONE 10. ADJOURNMENT: Chairman Yu — Adjourned the meeting at 9:01 p.m. to the next regularly scheduled Planning Commission meeting of April 10, 2007 at 7:30 p.m. Next Scheduled Meeting of: City Council Parks & Recreation Commission • • April 3, 2007 April 18, 2007