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HomeMy WebLinkAboutMinutes-01-06-10MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JANUARY 6, 2010 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held January 6, 2010. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: Robert Kiefer, District 2 Michael Murray, District 1 Louis Morales, District 3, arrived at 7:20 p.m. Terry Lambros, District 4, Chairman COMMISSIONER ABSENT: Fernando Vasquez, District 5 ALSO PRESENT: G. Ross Trindle, Assistant City Attorney Brian Saeki, Community Development Director William Davis, City Planner David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary MINUTES: The Commissioners' consideration of the Minutes was moved to the end of the meeting, due to lack of quorum of eligible voting members. AGENDA CHANGES: No changes were indicated. REPORT ON CITY COUNCIL ACTION: Community Development Director, Brian Saeki, introduced himself and reported that the City Council had confirmed his appointment at their Joint Adjourned meeting of December 15, 2009. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: 1. CONDITIONAL USE PERMIT No. 09 -14 Location: Owner /Applicant: Authorized Agent: Staff: CEQA: Request: 11010 Paramount Boulevard Steve Makepeace /Tatti Properties Raymond Portela Kevin Nguyen As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Conditional Use Permit 09 -14: To consider a six month review for the operation and compliance with the conditions of approval for an existing restaurant (Portofino at Downey), on property zoned C -3 (Central Business District). Chairman Lambros opened the public hearing for Conditional Use Permit No. 09 -14. Assistant Planner Kevin Nguyen presented staff's report and accompanying PowerPoint, noting that the applicant was present. He stated that while most of the conditions of approval have been satisfied, PLANNING COMMISSION MINUTES, JANUARY 6, 2010 — PAGE 1 Page 2 staff had received a report from Downey's Code Enforcement Division, which indicated there had been some outstanding issues regarding illegal signs and parking inoperative vehicles in the parking lot. He noted that after having been issued the citation, the operators cleaned up the site, removed the banners immediately. However, a motorhome continues to be parked at the site. Mr. Nguyen stated it was staff's recommendation that the Commission consider removing Condition #4, which required the six month review and reconsideration. In response to Chairman Lambros' inquiry, Mr. Nguyen affirmed that the case is still considered open with Code Enforcement. Commissioner Murray stated that he had noticed that the applicant had reduced the number of banners, and the lot had been cleaned up. He stated that it was a nice restaurant which Downey was fortunate to have. 1. Robert Angelino- Chavez, applicant, 11010 Paramount Blvd., addressed the Commission. He explained that a friend had asked to leave the motorhome over a weekend while he went out of town, but he hasn't picked it up yet. He noted that the classic 1956 vehicle is being restored to be used for deliveries, and is often in the shop, or will be in the lot. Mr. Angelino- Chavez noted that it has been a difficult economy to get their restaurant business off the ground. Chairman Lambros agreed that the economy presented challenges with the restaurant business; that the City was happy to have the Portofino's restaurant in Downey, and believed they needed a little more time to get the property right with the City codes. Commissioner Kiefer inquired into the restaurant's hours of operation, whether or not a cover charge was being charged at the door; do they close the restaurant to the public for private parties; whether or not an outside promoter was being used to promote events; and is there an agreement with the car wash property owner to use their parking lot? Mr. Angelino- Chavez responded with the following information: 1) Although they close the restaurant at 1:00, they allow patrons to stay until 2:00 a.m. and clean up can go as late as 3:00 a.m. 2) Yes, they do have an agreement with the owners of the car wash who have said that they appreciate the increase in business coming from the patrons of the restaurant. He stated that they continually have to deal with patrons of Downey Brewing Company using the Portofino parking lot as well. 3) No, they are not charging a cover charge. However, when they have parties who require each guest to pay a portion of the bill, and for buffet patrons, that fee is often collected at the door to ensure that a guest not leave before paying. 4) No, they have not been using an outside promoter. Mr. Chavez explained, they have allowed patrons who have secured a group party to make flyers to advertise their event to their particular members. 2. Les Langlois, 11011 Paramount Blvd., Mr. Chavez' father -in -law addressed the Commission. He noted that he is one of the owners, and confirmed that they do not utilize outside, professional promoters. Commissioner Murray noted that his tennis group had gathered at Portofino's and had enjoyed the facility. He stated that he hoped the applicant continued to keep the restaurant free of banners and inoperative vehicles, noting that the Commission relies on the City staff to provide an accurate record of the status of the property. Chairman Lambros added that the applicant should feel free to check with the city staff to find out if they are out of compliance with City codes; and that the City of Downey wants to give Portofino's of Downey a real chance of success. Mr. Nguyen stated that no correspondence had been received on this item. In addition, there were no persons in the audience wishing to address the Commission on this matter. PLANNING COMMISSION MINUTES, JANUARY 6, 2010 — PAGE 2 Page 3 William Davis stated staff's recommendation is for the Commission to determine whether or not to remove Condition #4 or to extend for another six months. He stated that he believed the Commission's concerns that the restaurant not be run as a nightclub have been alleviated. In addition, staff had prepared a resolution allowing the Commission to make said determination whether they chose to eliminate the review period, or to extend it. There being no comments regarding staff's recommendation, the public hearing was closed. Commission comments. Commissioner Kiefer noted that he'd been by the restaurant numerous times and had seen some violations on the site. He said that he'd heard they were running a nightclub -type operation. And he stated that it was his preference to extend the review period for another 6 months, and review again in July. Commissioner Murray stated that he believed the majority of the violations had been cured and would support removing Condition #4. Commission Lambros said she shared the feelings of the Commissioners, that most of the violations have been cleared, but said ultimately she would prefer the condition remain, and the Commission take another look in six months, (July). It was moved by Commissioner Kiefer, seconded by Commissioner Lambros and passed by a 3 -0 -2 vote, with Commissioners Vasquez and Morales absent, to extend the six month review for another six months, until July, 2010. Point of Clarification made by Assistant City Attorney Trindle to note that the matter may be appealed to the City Council by submitting a letter with the appropriate fee, to the City Clerk's office within the time set by the City's Code. 2. CONDITIONAL USE PERMIT No. 09 -01 Location: 7375 Stewart & Gray Road Owner /Applicant: Ananias Partnership Authorized Agent: Jin Park Staff: Kevin Nguyen CEQA: As required by the California Environmental Quality Act (CEQA), a Negative Declaration of Environmental Impacts has been prepared. Request: Conditional Use Permit No. 09 -01: A request to construct a 38 -foot tall wireless communications tower (T- mobile), in the parking lot of a commercial property zoned C -1 (Neighborhood Commercial). Chairman Lambros opened the public hearing for Conditional Use Permit No. 09 -01. Ms. Donahue affirmed proof of publication. Assistant Planner, Kevin Nguyen, presented staff's report and accompanying PowerPoint. He stated staff cannot make the findings to support the proposed design for a wireless communications tower, to be situated on a newly installed light pole, due to architectural design concerns. He stated that the proposed design would negatively impact the surrounding residential neighborhood and is in conflict with the City's General Plan goals to protect the aesthetic appearance of residential areas. Mr. Nguyen stated staff's recommendation is that the Commission deny the proposal as designed. He explained that staff had worked with the applicant over the past year, encouraging a design that was more compatible with the area such as mounting their antennae in the existing clock tower, rather than place the proposed structure in the already impacted parking lot. PLANNING COMMISSION MINUTES, JANUARY 6, 2010 — PAGE 3 Page 4 Aaron Anderson, of Sequoia Development Services, Inc., the Applicant representing T- Mobile, addressed the Commission with the following: they had worked with the City for 2 years on this project and he disagreed with the comments regarding staff working to improve the design. He provided a bit of the history, stating that the original proposal was a light pole, with the equipment to be mounted on the roof of the building on site. That idea was not well- received. They then discussed incorporating the cellular antenna into a sign structure. Staff had reviewed and responded that the Sign Ordinance would not allow for this design. Then this current design was submitted. He noted that this submittal has the equipment cited in an underground vault at the base of the light, in a landscaped area. Staff had discussed a tree -type structure, but this was not feasible because a wider base would be required and would displace parking. He stated that the proposed structure would be 38' -high and would be a light pole that would replace the existing light standard. Responding to questions from Commissioner Kiefer, Mr. Anderson stated that the underground vault would be located within a landscaped "finger- shaped" area at the site indicated and accessed by a hatch at the base of the structure. The structure would be on a regular maintenance schedule, inspected approximately once month, or as needed if there is a problem with the antennae. He explained that the clock tower was not strong enough structurally to support the six -panel design which they need to install. In addition, Mr. Anderson explained the extent of their search for an acceptable location, which included: Eddie's Burgers, West Junior High, Los Amigos Country Club, and all the corner business locations next to this site. Commissioner Murray stated that he was not happy with the design being proposed and asked about redesigning. Mr. Anderson explained that they would not be interested in any more delays that a redesign would cause. He stated that three other carriers were located in this center because it is the general location where a site must be developed to preserve phone coverage for the carriers. He noted all but Verizon were here, because Verizon had located on a utility pole down the road. Commissioner Morales stated that he also did not like the design. He would like to see it be placed on the clock tower too. Senior Planner Blumenthal interjected that the clock tower design was first approved for Sprint, and although the City had hoped to have this applicant attempt to co- locate on the clock tower, Sprint has since submitted an application to expand their antennae on the clock tower. Therefore that would no longer be an option for any other applicants. Chairman Lambros asked the applicant if he'd surveyed the businesses in the center to determine their reaction to the proposed pole design. Mr. Anderson said that he believed that had been done; and that a lease had been secured from the property owner. Commissioner Kiefer noted that the surrounding neighborhood is predominantly residential. Commissioner Murray asked if the application was intended to enhance service to existing customers or to provide greater coverage area. He also inquired of the City Attorney whether the City had a legal obligation to approve a certain number of applications. Assistant City Attorney Trindle clarified that the City is not obligated to approve a certain density of cell sites, but the Commission may want to consider if the application's intent was to fill a gap within the service area, or it was being requested to enhance service for the existing customers. Mr. Anderson clarified that the intent of this application is to improve spotty coverage for the residents to the north. He explained that the Downey topography is low -lying and with the height limitations on PLANNING COMMISSION MINUTES, JANUARY 6, 2010 — PAGE 4 Page 5 cell antennae, and more sites are necessary. He re- stated that all business owners located at the 4 corners had been approached; that rent costs are also a consideration. Chairman Lambros invited the public to address the Commission. There were no persons present to speak in favor. Wshinq to speak in opposition: 1. Adele Burger, 11870 Susan Street, property owner to the north of the subject site informed the Commission that she and her neighbors to the north of this center had endured blight on this corner for many years, although things had improved. She noted that she'd been on Keep Downey Beautiful for years and has stated that she did not want to see this structure be permitted as proposed; that this did not add anything to the beautification of the city. In addition she said she found it difficult to believe that the business owners at the center would be in favor of installing tthis antennae in the parking lot, however, believed the property owner would want it for the rental income. However, she added that she did like the clock tower. Mrs. Burger said she was not able to speak for her neighbors, because due to illness, she had not been able to seek their comments. 2. Karl Burger, 11870 Susan Street, stated that they are able to view the clock tower from their yard. He wondered how many more cellular antennae requests would be approved at this location, and how might the City plan to limit those requests. He stated he was ok with the appearance of the clock tower, but opposed this request. He stated that the owner of the property is not around, the property is in disrepair (the sprinklers do not work), and this proposal is just about money to the landlord. Mr. Anderson did not wish to speak in rebuttal. City Planner, William Davis, provided staff's recommendation to the Commission. He stated staff's recommendation is for denial of Conditional Use Permit No. 09 -01. The corresponding Resolution number will be 2010 -2622. There being no questions regarding staff's recommendation, the public hearing was closed. Commission comments: Commissioner Morales stated that he did not want to impede coverage of service for the neighbors to the north, but believed the applicant has had sufficient time to develop an aesthetically acceptable design; that the cellular antennae are not sufficiently stealthed with the pole; that the design doesn't even look like a typical parking lot lighting. He stated that he might recommend placing a design closer to the clock tower, and would want it to be more compatible with the clock tower. He said he would be willing to entertain a redesign of the cell site and believed the process could be fairly quick, if the applicant wished to present another plan. Commissioner Kiefer stated that although he understood the applicants' dilemma, he did not see how the residents of the area would support the Commission approving this design. He thought the northern portion of the golf course might be a better location. Commissioner Murray stated his agreement. He did not like the design, nor the location. He stated that perhaps another business in the area could be found to support a different design. Chairman Lambros added that she did not see the design to be aesthetically acceptable and would certainly not appreciate this structure in her neighborhood, and agrees with Commissioner Morales that other designs should be considered. Mr. Anderson informed the Commission that his company would not be interested in any further delays on this application, he would prefer the Commission make a decision tonight. PLANNING COMMISSION MINUTES, JANUARY 6, 2010 — PAGE 5 Page 6 It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a vote of 4- 0-1, with Commissioner Vasquez absent, to adopt Resolution No. 10 -2622, denying Conditional Use Permit No. 09 -01. Assistant City Attorney Trindle stated a Point of Order, noting that the appeal process was not stated to the applicant, but that this information would be provided to Mr. Anderson. 3. CODE AMENDMENT No 06 -120, REV B — (SETBACKSI Location: Citywide Owner /Applicant: City of Downey Authorized Agent: City of Downey Staff: David Blumenthal CEQA: As required by the California Environmental Quality Act (CEQA), a Negative Declaration of Environmental Impact has been prepared for this application and is available for review. Request: A request to revise the interior side yard setbacks in the H -M (Hospital - Medical Arts) zone. Chairman Lambros opened the public hearing for Code Amendment No. 06 -120, Revision B. Ms. Donahue indicated that the hearing had been properly noticed. Senior Planner Blumenthal presented staff's report, noting staff's recommendation was to approve the revised side yard setback for the H -M zones, from fifteen (15') feet, to be five (5') feet for the first and second floors of a building; ten (10') feet for the third and fourth floors; and fifteen (15') feet for the fifth floor. He stated that based on the analysis contained in the report, it is staff's opinion that the proposed amendment to the Zoning Ordinance is warranted to allow for development in the H -M zone consistent with current planning practices and trends. He also noted that, based on the initial study, the proposed amendment will not have an impact on the environment. Chairman Lambros asked if any correspondence had been received on this matter. Mr. Blumenthal stated that no correspondence had been received on this matter. Chairman Lambros invited comments from the public. There were no persons in the audience wishing to address the Commission on this item. Mr. Davis stated Staff's recommendation is that the Planning Commission adopt Resolution No. 10 -2623, recommended approval of Revision B of Code Amendment No. 06 -120, amending side yard setbacks in the H -M zone, as stated. The public hearing was closed. The Commissioners expressed their appreciation for staff's quick turnaround of this amendment, and noted that they liked the "tiered" setback standard. It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a 4 -0 -1 vote, with Commissioner Vasquez absent, to adopt Resolution No. 10 -2623, recommending approval of said amendment to City Council. Chairman Lambros directed staff to keep the developer informed of the status of this change. VIII. ORAL COMMUNICATIONS: The Commissioners welcomed new Community Development Director, Brian Saeki, coming to Downey from the City of Rosemead. PLANNING COMMISSION MINUTES, JANUARY 6, 2010 — PAGE 6 Page 7 IX. OTHER BUSINESS: 1. MINUTES of December 16, 2009: It was moved by Commissioner Kiefer, seconded by Commissioner Morales and passed by a vote of 3- 0 -1 -1, with Commissioner Vasquez absent and Commissioner Murray abstaining, to approve the Minutes of December 16, 2009, amending the City Attorney's name to William J. Priest, Deputy City Attorney. X. ITEMS FOR FUTURE AGENDA: The Commissioners asked for status of on -going projects: 1) Fresh & Easy; 2) Telsa; and 3) the Icons nightclub on 2n Street. The Commissioners were updated, noting that Fresh & Easy, was anticipated to open in Spring; Tesla plans were moving forward; and permits were ready to issue for Icons. Staff informed the Commissioners that a Dollar Tree store would be opening next door to Fresh & Easy. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 8:05 p.m., to January 20, 2010 at 6:30 p.m., in the City Council Chambers, Downey City Hall, 11111 Brookshire Avenue, Downey, California. APPROVED AND ADOPTED this 20th day of January, 2010. H: \PLANNING \PC Minutes - 2010 \010610mn.doc Terry Lambros Terry Lambros, Chairman CITY PLANNING COMMISSION I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Commission held on the 20 day of January, 2010, by the following vote: AYES: COMMISSIONERS: Morales, Kiefer, Murray, Lambros ABSTAIN: COMMISSIONER: Vasquez ABSENT: COMMISSIONER: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, JANUARY 6, 2010 — PAGE 7