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HomeMy WebLinkAboutMinutes-04-21-10OF D04, MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, APRIL 21, 2010 AL /PORN CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was held April 21, 2010. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. COMMISSIONERS PRESENT: Michael Murray, District 1 Robert Kiefer, District 2, Vice Chairman Fernando Vasquez, District 5 Terry Lambros, District 4 Louis Morales, District 3, Chairman ALSO PRESENT: Brian Saeki, Community Development Director G. Ross Trindle, III, Assistant City Attorney William Davis, City Planner Shion Hori, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Lambros, seconded by Commissioner Murray and passed by a full vote of the Commission, to approve the Minutes of April 7, 2010 as presented. IV. AGENDA CHANGES: Community Development Director Saeki stated there were no recommended changes to the agenda. REPORT ON CITY COUNCIL ACTION: Mr. Saeki reported to the Commission that the he'd received notice from the State today that the Housing Element of the City's General Plan had been accepted. He thanked staff for the excellent job in meeting the State's requirements and providing the document within the State's required time parameters. VI. CONSENT CALENDAR ITEM: 1. Initiation of a Code Amendment regarding the City's review of outdoor dining. Mr. Saeki explained that he'd received a couple requests recently from existing restaurant operators who wanted to provide outdoor seating for their patrons, but had indicated the cost to be prohibitive. He stated that it was his hope to bring back to the Commission a recommendation to utilize a Minor Site Plan review process for those qualifying properties, in order to be reviewed at staff level, saving operators the expense and time delays of the public hearing process. In addition staff would still be able to impose conditions as necessary. The proposal would benefit smaller size restaurants that have the infrastructure in place to allow outdoor seating. Commissioner Murray addressed the potential for changing the review process, expressing that he supports helping businesses with the process; asked if the change affected all restaurants, or only downtown? (He was informed the amendment would include restaurants City- wide.) Chairman Morales stated his agreement in support, as long as the appropriate conditions would still be imposed upon such businesses, with the teeth to be able to enforce. He added that another idea, in order to reduce the financial burden to the operator, would be to have the Minor Site Plan review fee be modified, but still have them come before the Commission. Mr. Saeki responded that this was another idea to evaluate. Commissioner Vasquez asked if the Minor Site Plan view would eliminate the public review process and whether the applicant would have the ability to appeal staff's decision. Mr. Saeki affirmed that although Minor Site Plans Reviews are not reviewed by the Planning Commission currently, the neighboring businesses would be noticed of the proposal and be able to comment; and "yes" the applicant may appeal the City Planner's decision to the Commission. PLANNING COMMISSION MINUTES, APRIL 21, 2010 — PAGE 1 Page 2 It was moved by Commissioner Murray, seconded by Commissioner Kiefer and passed by a 5 -0 vote, to adopt a Minute Action initiating a Code Amendment to analyze and recommend potential changes to the Zoning Ordinance regarding outdoor dining areas. VII. PUBLIC HEARING ITEMS: CONDITIONAL USE PERMIT No. 09 -36 Location: 8140 Telegraph Road Owner /Applicant: Maroun Boutros & Amine Klaeb Authorized Agent: Aimee Weeks Staff: Shion Hori 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 to permit a wireless telecommunications facility (T- Mobile) for 11 antennas stealthed by a proposed 4' -8" tall extension of the existing tower elements located on the building, zoned C -2 (General Commercial). Chairman Morales opened the public hearing for Conditional Use Permit 09 -36. Ms. Donahue affirmed proof of publication. Assistant Planner, Shion Hori, presented the staff report and accompanying PowerPoint presentation. She explained the applicant's proposal involved adding to an existing facility by providing a 4 -foot, 8- inch tall extension to the building's tower elements in order to add 11 antennas. The Commission reviewed the elevations of the proposed structure, which showed the array would be screened from view. Ms. Hori stated that staff supports the request and that no correspondence had been received on this noticed public hearing. Aimee Weeks, authorized agent for T- Mobile addressed the Commission. She stated that Ms. Hori did a "good job" and informed the Commission that the mounted antennas would be fully screened from public view, even from the roof level, as they are all fully enclosed. Chairman Morales inquired if Jack in the Box had been resistant to the design, since this is quite a change from their identifiable gable roof design. Ms. Weeks informed the Commission that Jack in the Box was in the process of changing their roof design on many of their stores to a more square -like design, which worked well for them because with this design it is much easier to fully screen the antennas. She stated that she had read and understood the conditions that had been imposed upon the project, and she indicated full acceptance as recommended. Responding to Commissioner Vasquez' question regarding the reason for the additional antennae, Ms. Weeks stated that this extension to the existing tower will provide improved coverage to existing customers who require better "in- building" coverage. Chairman Morales invited members of the public to address the Commission on this matter. No one came forward. Chairman Morales noted staff's recommendation was for approval, Resolution No. 10 -2634. He closed the public hearing. Commission comments: Commissioner Vasquez, noting that the project is on the City's border with Pico Rivera, inquired if it is the City's policy to notify the border cities when a project is being considered along the City's borders and would they be able to comment at the public hearing? And is this a requirement under CEQA? PLANNING COMMISSION MINUTES, APRIL 21, 2010 — PAGE 2 Page 3 City Planner William Davis responded that it is the City of Downey's policy to notice property owners in the neighboring City when their properties are within the 500 -foot radius. Assistant City Attorney Ross Trindle stated that the City is required to notify all properties within the required radius and they would be able to comment; but "no ", this would not be a CEQA requirement. Commissioner Murray stated that the proposal is a good design and he doesn't have any questions. Commissioner Kiefer agreed, noting he much preferred this design over a free - standing tower. Commissioner Lambros stated the design was attractive and she supports providing improved cellular coverage and service. Chairman Morales noted that all development standards are being addressed, as well. It was moved by Commissioner Lambros, seconded by Commissioner Murray and passed by a 5 -0 vote, to adopt Resolution No. 10 -2634 approving Conditional Use Permit No. 09 -36. Chairman Morales stated the action of the Planning Commission is 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. 2. CONDITIONAL USE PERMIT No. 08 -29 Location: 10924 Paramount Boulevard Owner /Applicant: Ricardo M. Vazquez /Carico Investments, LLC Authorized Agent: Walter Vazquez Staff: Shion Hori 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 six month review for an existing restaurant (Downey Brewing Company) with alcohol sales (Type 75, On -Sale General, Brewpub) and live entertainment, on property zoned C -3 (Central Business District). Chairman Morales opened the public hearing for Conditional Use Permit 08 -29. Ms. Donahue affirmed proof of publication. Assistant Planner, Shion Hori, presented staff's report and accompanying PowerPoint for the six month review of Downey Brewing Company to examine the restaurant's affect on neighboring businesses and residences, noting that during the past six months, the Downey Police Department had been asked to respond to six minor incidents, of which two were more substantive: 1) a disturbance call at 2 p.m. — not viewed as a noise complaint due to the hour; 2) disturbance reported at their approved Special Event on March 17, 2010, but after being informed of the complaint, the operators moved the activities inside. Ms. Hori stated that the Police Department is satisfied with Downey Brewing Company's orderly and business- like response to the Police arrival. Ms. Hori also explained to the Commission that upon her inspection of April 8, 2010. Conditions No. 22, 23, 25, and 42 of the Resolution approving the live entertainment were still not complete. She reviewed those conditions with the Commission, beginning with Condition No. 4 which directed this 6 month review. • Condition No. 4: To conduct a review in six months. • Condition No. 22: Remove wheel stops and install 6" high concrete, as well as landscape the planter areas with live plant materials. • Condition No. 23: Paint existing signs. • Condition No. 25: Legalize patio cover and install gates with self latching panic hardware on the west and east ends of the outdoor patio /dining area to fully enclose perimeter. • Condition No. 42: Provide a roof covered, trash enclosure. PLANNING COMMISSION MINUTES, APRIL 21, 2010 — PAGE 3 Page 4 She noted that the applicant's contractor has been to City Hall to research the permit process for addressing Conditions No. 25 and 42, but has not pulled permits. Ms. Hori stated finances were the main reason that the applicant had not completed the improvements. In addition, she reviewed those improvements that had been met: 1) removed graffiti from the grease trap receptor; 2) posted a new Occupancy limit sign in a more visible location; and 3) provided proof that food sales exceeded the alcohol sales receipts. Ms. Hori stated staff recommends the Planning Commission grant a final six month extension for the applicant to complete all conditions required as part of the approval, but to be clear this would be the last extension that staff would support. Sergio Vazquez, representing Carico Investments, LLC and his brother's business, Downey Brewing Company, addressed the Commission. He noted that their restaurant operation was still fairly new at 2 years. He stated that the operators have been focusing on many required inside corrections to keep the restaurant viable, as well as meeting the Health Department and ABC Code requirements. He also stated that they had contacted a few contractors who have been discouraged by the City's requirements, and they were feeling that the City was not working with them. He addressed the wheel stops, noting that contractors who have looked at the project have provided very high bids. He asked if they could modify Condition No. 22 (to remove the wheel stops and to replace with a 6" curb), and instead put in grass at this location to control the dirt movement. He noted that he had discussed this option with staff. Regarding Condition No. 23, he stated there is a small portion of the sign that requires restructuring, but they are waiting for the weather to stay dry before they can correct it. Commissioner Murray asked if the applicant had taken into consideration the City's current parking requirements when planning the trash enclosure. Mr. Vazquez explained that they had determined that electric equipment is located under the site where the trash enclosure is currently located and where they had hoped to cite the required enclosure. Therefore, the enclosure needs to be relocated. The only other possible location will eliminate two required parking spaces. They are currently at the minimum number of parking spaces, creating a problem when they ask to hold special events. Commissioner Murray inquired into the existing patio cover, noting that no permit had been pulled originally. Mr. Vazquez stated that they had replaced the aging, existing cover, making it safer than how they found it, but stated his understanding that they need to have a patio built to the City's standards. Commissioner Murray asked Mr. Vazquez if he believed they could complete the balance of the conditions in six months. Mr. Vazquez affirmed, these can be completed within the six months. There being no further comments and no further persons wishing to address the Commission, the public hearing was closed. Commission discussion: Commissioner Lambros stated that it was apparent that the operators were working toward resolving the issues before the Commission, and were showing good faith, but asked to hear from staff regarding Mr. Vazquez' request to modify Condition No. 22. Ms. Hori referred the Commission to DMC Section 9520.04 (e), regarding landscaping standards, noting that a minimum four -inch (4 ")- wide to six -inch (6 ") -high masonry curb is required for landscape planter, except no curb shall be required when abutting street property lines. Discussion ensued. PLANNING COMMISSION MINUTES, APRIL 21, 2010 — PAGE 4 Page 5 Assistant City Attorney Ross Trindle made a point of order, reminding the Commission that the matter before them is the extension of time to meet the conditions of approval. He stated that while he appreciates the Commission's enthusiasm to assist Mr. Vazquez on these issues, he noted that the minutia of information to sift through to re- address these requirements may best be left to staff to prevent misunderstandings. And he pointed out that the resolution before them states the issue to be a matter of extending time to meet the conditions. Commissioner Lambros asked the applicant if he was certain all conditions can be completed in the next six (6) months, or did he think more time might be needed? Mr. Vazquez responded affirmatively Commissioner Kiefer asked staff if they needed to comment about the loss of parking spaces to meet the trash enclosure requirement. Community Development Director Saeki assured that staff would work with the applicant on these constraints and would determine if Mr. Vasquez qualified for a parking (in -lieu) program to assist with the parking space challenges. Any impasse issues can be brought back to the Commission in six (6) months. It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a 5 -0 vote, to adopt Resolution No. 10 -2635, granting a six month extension. 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: 1. Commissioner Vasquez reminded the Commissioners of the 2n Annual TLC Softball Tournament with all proceeds benefiting the non - profit TLC program, coming up this week -end. 2. Commissioner Murray stated that Downey's City Sister program is celebrating its 50th year. Downey was the first City to establish a Sister City affiliation in Mexico in 1960 under President Dwight D. Eisenhower's "People to People Program ", and they would be notifying the White House of the organization's milestone. 3. Chairman Morales commended the accomplishments of the TLC program and mentioned that Downey Youth Football, which is also celebrating its 50th year, has partnered with TLC to assist the youth of Downey. IX. OTHER BUSINESS: 2009 General Plan Annual Progress Report: Assistant Planner Shion Hori explained that the Annual Report describes the City's process with regards to implementation of the goals, policies and programs of Vision 2025 General Plan and summarizes activities of the Planning Commission and Community Development Department from January 1 thru December 31, 2009. She presented the PowerPoint of the 2009 General Plan Annual Progress Report, highlighting those projects completed during the year of 2009, such as Planning counter activity; number of times the Planning Commission had met (21), and number of cases reviewed (70); number of applications filed (106); initiated the Accela permit tracking program, which is set to launch in Spring, 2010; number of plan checks (577); Economic Development projects that were underway or had been completed. Additionally, Ms. Hori provided an accounting of the implementation of the City's General Plan in 2009. Updates for each Chapter were provided. PLANNING COMMISSION MINUTES, APRIL 21, 2010 — PAGE 5 Page 6 The Commission complemented Ms. Hori for the completion of an excellent document and presentation. Commissioner Kiefer inquired into the wording of the Table on page. 30/31, which was slightly confusing and modified language was suggested. The Commissioners said they were happy to forward the document to City Council. Mr. Andrews was acknowledged in the audience. X. ITEMS FOR FUTURE AGENDA: No further items were addressed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:35 p.m., to May 5, 2010 at 6:30 p.m., in the Council Chambers, Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. APPROVED AND ADOPTED this 5th day of May, 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 5th day of May, 2010, by the following vote: AYES: COMMISSIONERS: Lambros, Murray, Kiefer, Morales ABSENT: COMMISSIONER: Vasquez (not present for the vote) Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H: \PLANNING \Donahue\Apr21, 2010 - Minutes.doc PLANNING COMMISSION MINUTES, APRIL 21, 2010 — PAGE 6