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HomeMy WebLinkAboutMinutes-04-07-10OV D04, REGULAR MEETING DOWNEY CITY PLANNING COMMISSION Yi Y ®' WEDNESDAY, APRIL 7, 2010 FO CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was held April 7, 2010. After the Pledge of Allegiance to the Flag, roll was called at 6:32 p.m. COMMISSIONERS PRESENT: Robert Kiefer, District 2, Vice Chairman Fernando Vasquez, District 5 Terry Lambros, District 4 Michael Murray, District 1 Louis Morales, District 3, Chairman ALSO PRESENT: Brian Saeki, Community Development Director G. Ross Trindle, III, Assistant City Attorney William Davis, City Planner Mark Sellheim, Principal Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Lambros, seconded by Commissioner Murray and passed by a vote of 4 -0 -1, with Commissioner Kiefer abstaining, to approve the Minutes of March 17, 2010. IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki reported the actions of the City Council from their regular meeting of March 23, 2010 included the following Planning - related items: 1) the City's newly updated website has come on -line, featuring easy to use links to all departments and activities provided by the City, noting its improved functionality that allows the various departments the ability to update their own information on an on -going basis; 2) accepted the applicant's request to withdraw his appeal of the Planning Commission's denial of the Conditional Use Permit to allow a second cellular structure on the property on Stewart & Gray Road. Mr. Saeki stated that City staff would be working directly with the applicant to accomplish the coverage needs of the provider. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: CONDITIONAL USE PERMIT No. 10 -7 Location: 10030 Lakewood Boulevard Owner /Applicant: Amir Rajabali Authorized Agent: Same Staff: William Davis CEQA: 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). Request: A request for an existing Valero gasoline service station, to operate with an Alcoholic Beverage Control Type 20 (Off -Sale, Beer and Wine) license on property zoned C -2 (General Commercial). PLANNING COMMISSION MINUTES, APRIL 7, 2010 — PAGE 1 Page 2 Chairman Morales opened the public hearing for Conditional Use Permit No. 10 -7 Commissioner Murray stated he would be abstaining on this matter due to the proximity of his office to the project site, and he left the Chambers. Ms. Donahue affirmed proof of publication. City Planner, William Davis, presented staff's report providing a short recap for the Commission of their discussion and actions from their March 17, 2010 meeting. He stated that although the Commission may not see a nexus between the request for alcohol sales and the applicant's lack of attention to the City's Sign Code regulations, staff still held certain reservations that the applicant would be a good candidate for the requested Conditional Use Permit due to his flagrant disregard for the City's sign regulations. Therefore, he noted, the original recommendation is still in place, due to those concerns. However, he pointed out that staff had also prepared a resolution for approval including recommended conditions of approval, should the Commission wish to approve the request. In reviewing the PowerPoint presentation, Mr. Davis stated that he had taken a new photograph of the site for the Commission's information, noting that the applicant has not been in violation of signs since the Commission's last meeting. In addition he noted that the applicant, Mr. Amir Rajabali, had been to the City's Planning counter numerous times since the last meeting attempting to be fully educated as to the maximum amount of signing that the City will permit. Responding to questions from Commissioner Kiefer and Chairman Morales, Mr. Davis affirmed that the hours of operation recommended for the sale of alcohol are 8 a.m. to 10 p.m. Amir Rajabali, applicant, 10030 Lakewood Blvd. stated that he had nothing further to add, other than he understood and agreed to the recommended conditions of approval. He also stated that although the store opens at 6 a. m., he agreed to no alcohol sales until after 8 a. m. In addition the store is open until 10 p.m., seven days a week. Commissioner Kiefer asked Mr. Rajabali if it was his intent to keep the business. Mr. Rajabali responded, stated that his financial situation is dire and it depended on the position and decision of the bank; otherwise his choice is to keep the business running. Mr. Davis stated that there had been no correspondence received on this matter Chairman Morales invited members of the audience to address the Commission. There were no persons wishing to address the Commission on this item. Commissioner Kiefer inquired of legal counsel, if the Conditional Use Permit is approved for a six (6) month period, and the ownership changes hands during this period, would the Conditional Use Permit still be valid. Ross Trindle, III, Assistant City Attorney responded, noting this was a good question. He stated, that if the six month trial review period was not completed and the business changed hands, then the agreement between the owner and the City would not be automatically transferred to the new operator, the CUP would not have vested, and he said he did not believe the approval would run with the land, at this point. Community Development Director Saeki affirmed that if the business was sold during a trial period, he thought the new owner would be required to apply for a new Conditional Use Permit. Chairman Morales closed the public hearing PLANNING COMMISSION MINUTES, APRIL 7, 2010 — PAGE 2 Page 3 Commission discussion: Commissioner Lambros stated that she could support the request, albeit reluctantly, because Condition #11 requires a review in 6 months. For this reason, she felt the applicant's compliance with City codes could be monitored. She complimented Mr. Rajabali on the appearance of this facility, noting the removal of signs greatly improved the look. She also suggested some sign improvements for Mr. Rajabali. Commissioner Kiefer stated his agreement, the site is greatly improved. He said that he'd taken note of the applicant's compliance of signing regulations the last 3 -4 weeks and therefore, he can support the applicant's request. Commissioner Vasquez stated that Mr. Rajabali had successfully made his case before the Commission; he has kept the site in compliance with City regulations; he has invested much into the improvements on this site, and he wanted the Commission to continue sending out the message to the community that they are pro- business. He stated that an approval is the right decision at this time. Mr. Trindle, Assistant City Attorney, addressed Condition #10, pointing out a recommended modification, changing "the subject property in compliance with the City of Downey's Sign Code ", to "compliance with all Federal, State and local laws, including the Downey Municipal Code ". In addition, responding to a question from the Commission, he stated that the appropriate manner to process an approval this evening would be to adopt the resolution for approval before them, Resolution No. 10 -2631. It was moved by Commissioner Vasquez, seconded by Commissioner Kiefer and passed by a vote of 4 -0- 1, with Commissioner Murray abstaining, to adopt Resolution No. 10 -2631, approving Conditional Use Permit No. 10 -7, amending the language of condition 10, as provided by Mr. Trindle. Chairman Morales stated the action of the Planning Commission will be final unless the matter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City's Ordinance. Commissioner Murray returned to the dais 2. DEVELOPMENT AGREEMENT No. 09 -94 Location: 8236 -8274 Firestone Boulevard Owner /Applicant: Westland Industries, Inc. Authorized Agent: Yanki Greenspan Staff: Steven Yee /Mark Sellheim CEQA: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), per CEQA Guidelines Section 15302 (Class 2, Replacement or Reconstruction). Request: Development Agreement 09 -94: A contract between the City of Downey and Westland Industries, granting the applicant the vested right to redevelop the 1.15 -acre parcel at the southwest corner of Firestone Boulevard and Downey Avenue into a 26,232 square foot, high -end food court/retail center. Chairman Morales opened the public hearing for Development Agreement No. 09 -94. Ms. Donahue affirmed proof of publication. John Perfitt, Director of Economic Development, presented staff's report. He provided to the Commission an explanation of the Development Agreement ( "Agreement ") concept, including how this Agreement was designed to support full development of this parcel; how Nance Street conversion to parking would support a better development. Additionally, Mr. Perfitt noted that the City would be able to utilize CDBG funds, which the City would contribute up to a cap of $150,000 for the conversion of Nance Street to public parking, and to extend the water main to properly support the proposed development & future costs. He also stated that the property owners and the City would cost -share the Nance conversion. PLANNING COMMISSION MINUTES, APRIL 7, 2010 — PAGE 3 Page 4 He noted that the Nance Street parcel measures approximately 80'x 500' and the City of Downey will be required to maintain the property as public parking for the next 30 years, as a condition of the conversion per the Development Agreement. Mr. Perfitt informed the Commissioners that the next time they would see this project would be in the form of the Site Plan Review to review the architectural elements, and landscape /hardscape plans. He assured the Commission that the parking will be ample to meet the needs of the new development and potential new tenants for the existing adjacent parcels. Commissioner Lambros, referring to Exhibit "D ", inquired into the proposed tenants for the site. Mr. Perfitt responded, noting that list includes tenants with whom the developer has secured lease agreements. He also noted that the developer is in discussion with the operator of the Gourmet Cafe. Commissioner Vasquez asked about ADA parking requirements for the new lot on Nance Street. Chairman Morales noted that by providing the necessary ADA parking along Building 4, the full lot's requirements could be met. Mr. Perfitt stated, he believed the City will have to meet the ADA requirements on a stand -alone basis for the new public parking on Nance and the ADA questions will be fully addressed and resolved during the site plan review process. He also informed the Commissioners that the remainder of the strip mall will remain. Mr. Saeki added, the goal is to make the handicapped spaces as close to the development as possible. Mr. Giovanni Mendoza, 8274 Firestone Boulevard, representing the developer, addressed the Commission, noting that he had nothing more to add. The Commissioners had no questions of Mr. Mendoza. Mr. Perfitt informed the Commission that staff had not received any correspondence on this matter. Chairman Morales invited those in the audience to address the Commission on this item. There were no persons in the audience wishing to address the Commission at this time There being no further testimony, the public hearing was closed. Commission discussion: The Planning Commissioners expressed their full support of this proposed project and the associated Development Agreement. Commissioner Vasquez noted that staff was headed in the right direction. Commissioner Murray provided a look back at the development of the block, noting that in the 1950s this strip was very vibrant; however its activity had slowed down over the last few years. He supported the planned project and particularly liked the courtyard concept. Commissioner Kiefer stated his agreement, as well, noting the area will be greatly improved with this new development, adding that the cost to the City was worth the benefit to the City, and will facilitate continued improvements along the block. Commissioner Lambros stated that this area had become run down and the proposed design will bring a welcome improvement to the area. She commented that staff had the cost to the City well in hand. Chairman Morales stated his agreement, noting that this area was part of the downtown, which ran as far north as Fourth/ Fifth Streets. He mentioned the various improvements underway in the downtown area were what the City had envisioned. It was moved by Commissioner Murray, seconded by Commissioner Lambros and passed by a 5 -0 vote, to adopt Resolution No. 10 -2633, recommending approval of Development Agreement No. 09 -94 to City Council. PLANNING COMMISSION MINUTES, APRIL 7, 2010 — PAGE 4 Page 5 3. CONDITIONAL USE PERMIT No. 10 -16 Location: 8425 Firestone Boulevard Owner /Applicant: RLJ II EM Downey Lessee, LP Authorized Agent: Maurice Casaus Staff: Kevin Nguyen CEQA: 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). Request: A Conditional Use Permit to establish a live entertainment area within an existing hotel (Embassy Suites), on property zoned C -3 (Central Business District). Chairman Morales opened the public hearing on Conditional Use Permit No. 10 -16. Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff's report and accompanying PowerPoint, noting that staff was able to support the applicant's request to permit minimal live entertainment with the existing hotel. He stated the requested hours for the activities are from 2 p.m. to Midnight, and that the activities were intended for hotel guests. There were no planned structural changes to facilitate this request, as denoted on the submitted floor plan. Commissioner Kiefer noted that he was aware that these activities had been going on for years and inquired why the applicant was processing the request at this time. Mr. Nguyen affirmed the activities, but noted that no Conditional Use Permit had been processed. He was not sure what compelled the application at this time, but noted that by doing so will bring the activities into compliance with the current Code. It was also noted that the hotel and restaurant have been brought under the same management during the last couple years. Commissioner Vasquez inquired if the ballrooms were limited in their use to hotel patrons only. Mr. Saeki responded that he believed the ballrooms would be available for reservations by the general public, as well as hotel guests. He added that the hotel has had major interior upgrades since the new management a few years ago. Maruice Casaus, General Manager for Embassy Suites, noted that the ownership changed about two years ago and since then they have had a slight change in management. Mr. Casaus has been the GM for about one year. He informed the Commission that the lounge area will be open to the public. In response to the Commission's inquiry, he noted that their need to process a conditional use permit for entertainment was brought to their attention recently; they do allow private events to be booked in the ballrooms. He stated that the restaurant and hotel are all under one management now. Commissioner Lambros informed Mr. Casaus that she has enjoyed the hotel environment that Embassy Suites has provided to the City of Downey and applauded the management for their recent upgrades. Commissioner Vasquez inquired into the hotel's ability to bring the alcohol sales into the ballrooms. Mr. Casaus replied that their license allows for sale of alcohol in the ballrooms. Chairman Morales asked staff for any correspondence that may have been submitted on this matter. Mr. Nguyen said that no correspondence had been received. In addition, there were no persons present wishing to address the Commission on this item. PLANNING COMMISSION MINUTES, APRIL 7, 2010 — PAGE 5 Page 6 Chairman Morales closed the public hearing. mission discussion: Commissioner Lambros stated she was certainly in favor of the request; that the hotel was an enjoyable place to visit and she complimented the management for keeping the building and premises maintained. Commissioners Kiefer and Murray stated their agreement as well. Commissioner Vasquez stated this was a great project, providing another ballroom option to the residents of Downey, and noted the hours of entertainment were from 2 p.m. to midnight. Chairman Morales commended the applicant for coming forth to process the Conditional Use Permit. It was moved by Commissioner Lambros, seconded by Commissioner Kiefer and passed by a 5 -0 vote, to adopt Resolution No. 10 -2633, approving Conditional Use Permit No. 10 -16. Chairman Morales stated the action of the Planning Commission will be final unless the matter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City's Ordinance. VIII. ORAL COMMUNICATIONS: The Planning Commissioners addressed the following items: 1. Commissioner Murray asked what progress was being made to repair the broken windows at the Downey Landing buildings along Lakewood Boulevard. He was informed by Community Development Director Brian Saeki that IRG had been informed of the problem and were working on a solution. 2. Commissioner Vasquez commended staff for the caliber of projects coming before them, in particular addressing the improvements to the downtown area, which will be greatly enhanced with the Porto's development and with the planned development that was before them this evening, the Development Agreement with Westland Industries. On another note, Commissioner Vasquez suggested that the City encourage reducing electrical waste by encouraging the use of LED lighting. 3. Commissioner Lambros commented on the Grand Opening today for Fresh N' Easy, which although she had not attended, had heard was a great success. She wanted to welcome Fresh N' Easy to Downey, and wished them continued success. Mr. Saeki shared with the Commissioners that Downey was fortunate to have the new store, noting that Fresh N' Easy planned to make this one of their last stores to open for the immediate future. 4. Commissioner Murray had been at the Grand Opening for Fresh N' Easy and shared that the event was attended by a large number of residents and others, noting that full occupancy had been attained, limiting the number of people who could enter. He stated that the store was fully stocked and the event was successful. He also inquired into the Lakewood Boulevard street improvement project. City Planner, William Davis, responded that the Public Works Department plans their projects on a as- budgeted basis. He would defer discussion of their projects to them. 5. Chairman Morales inquired about current plans for the vacant Long's Drug Store building in Downey Landing and of any planned developments for the Gallatin /Lakewood Boulevard "four corners ". Mr. Saeki stated that staff was meeting with a potential developer next week with a project proposal that would involve new office buildings. IX. OTHER BUSINESS: No Other Business was addressed. X. ITEMS FOR FUTURE AGENDA: No future agenda items were discussed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:35 p.m., to April 21, 2010 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241. PLANNING COMMISSION MINUTES, APRIL 7, 2010 — PAGE 6 Page 7 APPROVED AND ADOPTED this 21st day of April, 2010. Louis Morales Louis Morales, Chairman CITY PLANNING COMMISSION I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Commission held on the 21 st day of April, 2010, by the following vote: AYES: COMMISSIONERS: Murray, Kiefer, Vasquez, Lambros, Morales Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\PLANN ING \Donahue \040710mn.doc PLANNING COMMISSION MINUTES, APRIL 7, 2010 — PAGE 7