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HomeMy WebLinkAboutMinutes-05-05-10OF DO4 MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MAY 5, 2010 CITY COUNCIL CHAMBER 11111 BROOKSHIRE AVENUE C ALIFO RN�P DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was held May 5, 2010. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. COMMISSIONERS PRESENT: Terry Lambros, District 4 Michael Murray, District 1 Robert Kiefer, District 2, Vice Chairman Fernando Vasquez, District 5 Louis Morales, District 3, Chairman ALSO PRESENT: Brian Saeki, Community Development Director G. Ross Trindle, Assistant City Attorney William Davis, City Planner Shion Hori, Assistant 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 4 -0 -1, with Commissioner Vasquez absent (late), to approve the Minutes of April 21, 2010. IV. AGENDA CHANGES Community Development Director Saeki said there were no agenda changes. V. REPORT ON CITY COUNCIL ACTION Mr. Saeki reported the Council actions from their meeting of April 27, 2010, included the approval of the Westland Industries Development Agreement, known as the Downey Gateway project at the corner of Firestone Boulevard and Downey Avenue. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: CONDITIONAL USE PERMIT No. 10 -21 Location: 9018 Firestone Boulevard Owner /Applicant: PNS Stores, Inc. Authorized Agent: Robert Silveman /Walgreens Matt Dzurec /Armbruster, Goldsmith & Delvac, LLP 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 Conditional Use Permit for a Type 20 alcohol beverage license (off -sale beer & wine) at the existing Walgreens, on property zoned SP 91 -2 (Lakewood/ - Firestone Specific Plan). Chairman Morales opened the public hearing for Conditional Use Permit No. 10 -21. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, MAY 5, 2010 — PAGE 1 Page 2 Assistant Planner, Shion Hori, presented staff's report along with the accompanying PowerPoint presentation. Ms. Hori stated that the recently built drug store had been finaled last year. Walgreen's has since filed this request to allow a Type 20 (beer and wine) alcohol license. She provided an exhibit of the floor plan showing that the sales display is located to the rear of the store and not near entrances /exits. She noted that the applicant is present and has indicated a concern regarding Condition No. 10 (requiring a six month review from date of hearing) and asked that that six month clock not begin until after the license has been issued from ABC, in order to provide a better assessment of the approval. Staff's recommendation for Condition No. 10 revision reads, "This approval is for a six - month trial period beginning with the date the applicant receives approval from the State of California, Department of Alcoholic Beverage Control ". Matt Dzurec, applicant with Armbruster Goldsmith & Delvac, LLP, 10940 Wilshire Blvd, Ste. 2100, Los Angeles, Ca. 90024, addressed the Commission. He began by informing the Commission that staff had been a pleasure to work with . He assured the Commission that they would not have single servings, nor malt liquors available for sale' and they would be increasing their vigilance and security by their employees and they would employ security cameras. He noted that the drug store is located along a heavily traveled commercial corridor, away from determined sensitive uses, such as churches. He stated that no more than 1% (45 sq. ft.) of the floor area would be for the display of beer and /or wine. Chairman Morales verified that the sales would be permitted during regular stores hours, 8 a.m. to 10 p.m. Chairman Morales invited members of the audience to address the Commission on this matter. No one came forward. There being no further comments, the public hearing was closed Chairman Morales stated that the request was straight - forward and would be controlled under the provisions of the Conditional Use Permit. Commissioner Vasquez indicated his support, noting that sales are a part of the commercial facility, and the facility is located along the City's commercial corridor, separated from sensitive uses. Commissioner Lambros agreed, stating that she could support applicant's requested change to Condition No. 10, modifying the start of the six month review period, It was moved by Commissioner Murray, seconded by Commissioner Lambros and passed by a 5 -0 vote, to adopt Resolution No. 10 -2636, modifying Condition No. 10 as discussed. 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. 2. SITE PLAN REVIEW No. 10 -05 /CONDITIONAL USE PERMIT No. 10 -06 Location: 8030 Imperial Highway Owner /Applicant: Lisa Daily /Daily Brothers Real Estate, Inc. Authorized Agent: Reuben Garbett/Evergreen Devco, Inc. Staff: Kevin Nguyen CEQA: In accordance with the provisions of the California Environmental Quality Act (CEQA), staff prepared an Initial Study for Negative Declaration of Environmental Impact for the applications. A Negative Declaration has been prepared for this project. Request: A Site Plan Review for a proposed 12,258 square foot drug store ( Walgreens); PLANNING COMMISSION MINUTES, MAY 5, 2010 — PAGE 2 Page 3 Request: and A Conditional Use Permit to allow the development of a drive - through lane for the drug store's pharmacy, on property zoned C -2 (General Commercial). Chairman Morales opened the public hearing for the Site Plan Review and Conditional Use Permit for the proposed Walgreen's drug store at 8030 Imperial Highway. Assistant Planner, Kevin Nguyen, presented staffs report and accompanying PowerPoint presentation. He stated that a Negative Declaration of Environmental Impacts had been prepared for this project; that staff's recommendation is for approval of the project; each application requires approval of its Negative Declaration. Mr. Nguyen reviewed the project's building design and on site circulation for the pharmacy's drive - through, pointing out that a Traffic Impact Study had been prepared for the project and all indicators show there would not be a significant impact to the streets and highway since the project would not result in a net increase in total building square footage on site. He noted that the overall design, accentuated by the 34 -foot high entry, was aesthetically acceptable and would be a welcome improvement to the partially- occupied site. In addition, he stated that staff recommends eliminating condition #10, Resolution No. 2637, regarding hours of operation, noting that the city would not determine their hours of operation. Mr. Nguyen also informed the Commission that there is an existing reciprocal agreement between this parcel and the KFC property to the west. Commissioner Murray clarified that there were no pedestrian paths coming into, nor crossing over, the drive - through lane. Chairman Morales inquired who commissioned the traffic study? He was informed that the study was required as part of the project's review process. The applicant was charged with providing the study. Mr. Nguyen stated that the Deputy Director of Public Works, Edwin Norris, was present to address the Commission this evening. Mr. Norris greeted the Commissioners, noted that the City had required the applicant to provide the traffic study, and stated modifications to the following recommended conditions of approval: Condition No. 27, Public Works will waive the street trees; Condition No. 31, request modifying sewer lateral connection, allowing option of connecting to the main in the alley; Condition No. 33, exception to restriction, to allow for the reciprocal parking agreement with KFC. Some discussion followed, clarifying the modifications. Commissioner Vasquez inquired if a photometric study had been performed? He noted that he lives near to a park facility and lighting is a very important matter to those who are in close proximity, so he is sensitive to those needs. He also inquired into the alley repair. Mr. Nguyen said that a lighting plan had been provided and all lighting concerns had been addressed to staffs satisfaction. Mr. Norris directed the Commission to Condition No. 23a, of Resolution No. 2637 (Number 24a of Resolution No. 2638) requiring reconstruction of the alleyway. Commissioner Vasquez also stated a concern that the queuing of vehicles could back up on Imperial Highway. In response, Mr. Norris provided an explanation of the traffic circulation design for the project, emphasizing the approach widths and drive - through lane radius were sufficient for the anticipated traffic. Reuben Garbett, representative with Evergreen Devco, Inc. addressed the Commissioners, stating that they were happy to be able to bring forward a project of this caliber with a solid company, in these economic times. He said the development would meet all the City's standards which will greatly improve the condition of the subject site, with the center currently only partially leased. He asked to address condition No. 12 (of PLANNING COMMISSION MINUTES, MAY 5, 2010 — PAGE 3 Page 4 Resolution No. 2637) and Condition No. 11 (of Resolution No. 2638), asking to increase the hours for the trucking loading space from 5 p.m. to 7 p.m., noting that typically Walgreen's has only one major delivery per week, along with several other vendor deliveries . He also asked that the drive - through be allowed to operate until 11 p.m. (Condition No.10 of Resolution No. 2638), claiming that the amount of activity at that hour is minimal. He affirmed that they have provided the photometric study and that Walgreen's shields all their lighting so that residential properties will not be impacted by the onsite lighting. Mr. Garbett stated his acceptance of all other recommended conditions of approval. In addition, he addressed the following concerns raised by the Planning Commission: 1) the back -up space from the drive - through lane is 45 -feet, room for about 3 cars, so he does not see a problem. 2) Walgreen's would like to have their delivery trucks be able to deliver just before the store opens (7a.m), and up to 7 p.m.; and the engines for the large trucks automatically shut off after 3 -5 minutes of idling. He stated that the unloading usually takes no more than one (1) hour. 3) Typically, the number of employees hired for each facility varies from 15 -35 on the varying shifts. And they hire from a pool of applicants which would include local residents. 4) The free standing sign is to be located just east of the pedestrian walkway at Imperial, and the height is 24 -feet. Wishing to address the Planning Commission on this matter: 1) Miguel Franco, 8027 Lyndora, Oust across the alley from the subject site). He informed the Commissioner that he had not received the public hearing notice and only found out about it through his neighbors 2 days ago. Chairman Morales stated that the City's noticing requirements include mailing notices to property owners as well as providing a notice in the paper. He stated that the City did its best to provide notices according to the law, but cannot account for mail that may not be property delivered. Community Development Director Saeki affirmed that the letter of the law was followed in matters of noticing. Mr. Franco stated his concerns were in regards to increased traffic and how it will affect his family's value of life and affect his ability to take out his trailer via the rear access of his property with the additional alley traffic. He stated that additional traffic would be added to the streets surrounding the project: Brock, Lyndora, from vehicles accessing the alleyway. He suggested that the traffic study might be more impartial if it was paid for by a third party. Commissioner Vasquez explained that the study itself would be unbiased, but the responsibility for payment had to be borne by the applicant. Mr. Franco also stated a concern that he had only a 5' -high wall along his rear property line (along the alley), and wanted the developer to provide an extension to his wall. He also stated a concern regarding on -site loitering and suggested the possibility of employing surveillance cameras. City Attorney, Ross Trindle commented that surveillance cameras bring up another issue, that of privacy rights for neighbors. Staff responded to these concerns, providing the following: 1) alley use would not be changed. If they are able to access the trailer now, that will not change. 2) The alley will not be used for parking of trucks for loading and unloading. 3) Staff was not requiring any improvements to the neighboring properties, and it would be difficult to provide a barrier along the property's southerly border, due to the queuing for the drive - through. Commissioner Kiefer stated that he understands the neighbor's concerns, and would like to be cognizant of those issues as they review the site plan in order to create the least impact the neighbors; adding that with the development and new lighting standards, the loitering might be reduced. Commissioner Vasquez asked the applicant if there had been any businesses in operation at the time that he purchased his property, and if so, how had he been affected then? Mr. Franco acknowledged that the center had been in full operation, but it had quieted down recently. He said that they have had the KFC drive -thru to the rear of their property for many years and have put up with the lights from the vehicles streaming over their fences into the night. He asked that the drive - through lane operating hours for the pharmacy be reduced. PLANNING COMMISSION MINUTES, MAY 5, 2010 — PAGE 4 Page 5 Chairman Morales asked the hours that the KFC drive -thru operates? Mr. Garbett noted that the KFC drive -thru operates until 11 p.m. 2) Richard Poulin, 12638 Brock stated his first concern about the proposed project was in regards to the maintenance of shopping carts on site. He stated that he'd been in correspondence with Mr. Nguyen and had been assured that his concern would be addressed. Mr. Poulin added that Mr. Nguyen had been very cordial. He stated that Condition No. 11 does address this potential problem and thanked staff for addressing his greatest concern. He stated that the development would certainly be an improvement to the existing site; would be a convenience to the neighborhood. He anticipated the northbound traffic from Paramount would be using the alley to get to the facility. Mr. Poulin also stated that it might be beneficial to widen the approach off Imperial; and there would be a definite impact to the surrounding residential streets, particularly Brock. He said he walks the alley everyday and the property line running along the residential side is a mish -mash of fencing. He noted that a block wall along their side of the alley, if provided by the developer, would be an improvement to the aesthetics of the alley. Chairman Morales responded that, although it is ok to ask for additional considerations, developers of such projects typically look at the on -site improvements for the affected site, not improvements to the adjacent properties. 3) Elvia Franco, 8027 Lyndora, said she'd like to add to the concerns stated by her husband, Miguel. Her number one concern is noise. Although she said she likes the idea of a Walgreen's being this close, her concern is the noise associated with the drive - through due to the proximity to their home. She said that the noise from KFC is already impacting them; she did not support increase in operating hours to 11 p.m., and the 10 p.m. hour is already too late. Mrs. Franco also stated her concerns with allowing truck loading up to 7 p.m. and of early morning deliveries. She did acquiesce the point that the businesses were fully operating when they purchased the home and they were aware of the commercial activities around them. She stated an objection to the loading zone operating during her dinner hour (up to 7 p.m.) 4) John Cosby, 12603 Brock conceded that the speed limit in the alley will prevent it from becoming a roadway, but stated the potential for vehicles collisions exists where the alley curves and where the drive aisle meets the alley. He stated a concern with vehicles that might back out of the drive approach at Imperial, due to traffic, affecting the cars coming out of the gas station. Most of his concerns were directed toward traffic and circulation issues. He also stated that the soil on the south end of the parcel, where the building will be built, might be tainted due to dumping on the site from years past, and from some of the former businesses (dumping grease and fresh fry oil); and the possibility of the three fuel tanks still being buried under ground. Mr. Cosby was not aware the City allowed alleys to be used to support a development. He noted a problem with large 55' trailer trucks entering the alley and warned that they needed to access the site from Imperial Hwy. He stated that the previous businesses (restaurant ?) at the site closed at either 5 p.m. or 9 p.m. He condensed his concerns to: condition of soil and traffic patterns on and around the subject site. Chairman Morales assured Mr. Cosby that it is part of a new developer's required due diligence to perform the tests to determine if the soil is contaminated either with a Phase I or Phase I I study. In rebuttal, Mr. Garbett wished to add a couple comments: the history of the past businesses' activities were also included as part of the Phase I and Phase 11 soil testing performed on the property. He said the results showed some remediation was necessary, and they would be required to show the property is clean before construction. He stated that they (Evergreen) had been involved in the development of 250 Walgreen's and reassured the neighbors that Walgreen's was a good neighbor. He said that the large delivery truck would visit the site one time per week; the lighting from the light pole would be completely screened; Walgreen's relies on 50% capture, most of their traffic counts will come from vehicles that are already passing through. In response to a question from Commissioner Lambros, Mr. Garbett stated that the heaviest use of the drive - through has been studied and identified to be between 8 -9 a.m. about 15 PLANNING COMMISSION MINUTES, MAY 5, 2010 — PAGE 5 Page 6 customers of which about two are drive - through customers; and 5 -6 p.m., with approximately 30 customers, of which about 2 vehicles per hour use the drive - through. He stated Typically there is no wait at the drive - though, because customers are not allowed to wait in the car in the lane. They would typically have an hour to wait, and then they'd have to reenter the line. He added that while most Walgreen's operate from 8 a.m. to 10 p.m., they were asking for the flexibility to operate from 7 a.m. to 11 p.m. He added that Walgreen's had agreed to meet the shopping cart containment condition. There being no further comments, the public hearing was closed. Planning Commission comments: The Commissioners questioned whether or not the vehicles in the loading zone would affect any vehicle or pedestrian movement; whether the alley was lighted; amount of traffic currently accessing the site; whether there was any type of buffer between the properties and the project? Community Development Director Saeki responded that it would be impossible to place a block wall along the property's perimeters due to the required traffic circulation through the drive - through. Commissioner Vasquez asked whether or not the number of access points (4) was planned and necessary? Deputy Public Works Director Norris stated that the access points provide a more equitable balance of traffic flow on the site. The Commissioners discussed the on -site circulation and anticipated affect of traffic on the residences and neighboring streets, to include various options to control the flow of traffic. Commissioner Vasquez asked staff if they concurred with the results of the traffic study which indicated that the project's forecasted daily volumes would not adversely impact the nearby intersection (Imperial Hwy /Paramount Blvd). Mr. Norris responded to the Commission's inquiries, noting that no lighting will project onto the alley; the speed limit is 15 mph, but the limit is not posted and no speed bumps are installed, nor planned to be installed. He stated that the proposed Walgreen's is not expected to contribute any significant increase to traffic. Traffic studies show that generally fewer than 100 trips per hour (includes coming and going) will be generated. He noted that the traffic concerns voiced by the neighbors are legitimate; because a portion of the southbound traffic might enter the residential neighborhood. Mr. Norris stated that he agreed with the results of the study and the City will continue to monitor the traffic activity, but it is not anticipated to be significant. However, if the traffic became a problem, the City could restrict right turns into the residential neighborhood. He stated that the City would not be able to restrict vehicle traffic from entering the service road along Imperial. Commissioner Vasquez addressed the applicant's request for extended loading hours, asking if they could set a limit of one delivery per week. Mr. Garbett said he'd prefer not placing the restriction since there are other vendors that also make regular deliveries. The Commissioners agreed that the project would be a great improvement to the site and will provide a convenience to the area residents. They felt the recommended conditions of approval satisfied their concerns. Commissioner Kiefer stated that he did not support allowing the drive - through until 11 p.m. and the Commissioners agreed. Commissioner Lambros was happy to hear that the Public Work's Dept. would monitor the traffic impacts of the project, but that she didn't expect the impact from the drive through to be heavy. Commissioner Kiefer was in agreement, noting that the impact generated from the drug -store should be less than that from the drive - through restaurant next door. The Commissioners reviewed the various changes to the conditions that had been addressed. Those changes included: deletion of Condition No. 10, and the revisions addressed by Mr. Norris to Conditions 27, 31 & 33. PLANNING COMMISSION MINUTES, MAY 5, 2010 — PAGE 6 Page 7 It was moved by Commissioner Kiefer and seconded by Commissioner Vasquez, and passed by all Commissioners, to adopt the changes as recommended for Site Plan Review No. 10 -05, as addressed by staff. There was a point of order when Commissioner Lambros attempted to re -state the motion, but Assistant City Attorney Trindle stated that Commissioner Kiefer's motion was in order and provided the clarification and direction to Commissioner Lambros. It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a full vote of the Commission, to adopt Resolution No. 10 -2637, approving Site Plan Review No. 10 -5, with the noted changes. The Commission addressed the Conditions of approval under review for Conditional Use Permit No. 10- 6. They noted the matters under discussion included those same Public Works conditions, but the numbers were slightly different (29, 33 & 35). It was moved by Commissioner Lambros, seconded by Commissioner Kiefer and passed by a 5 -0 vote, to accept those changes for conditions 29, 33, & 35, for Conditional Use Permit No. 10 -6. The Commissioners then addressed the additional consideration requested by the applicant to modify hours for the loading zone to 7 p.m. (Condition 11); and drive - through hours to 11 p.m. (Condition No. 10), of the Conditional Use Permit. The Commissioners discussed setting a limit to the amount of time that truck engines can idle while loading and unloading. They wanted the language added to Condition 11, limiting the time to no more than 5 minutes. Language was provided by Mr. Saeki, as follows: "All vehicles engaging in the loading and /or unloading of goods for the proposed use are prohibited from allowing engines to idle for more than five (5) continuous minutes." Mr. Garbett addressed the Commission stating that he accepted the new language. The Commission discussed the possibility of imposing a six month review of the impacts from the project, but later reconsidered since the likelihood of legal recourse after the drug -store was open was not supported. It was moved by Commissioner Kiefer, seconded by Commissioner Vasquez, and passed by a 5 -0 vote to adopt Resolution No 2638, adopting the Negative Declaration and approving Conditional Use Permit No. 10 -6, modifying Condition No. 11, to allow the loading and unloading of merchandise to be permitted between 7a.m. and 7 p.m., with the language as provided by the Community Development Director. VIII. ORAL COMMUNICATIONS 1) Assistant City Attorney, Ross Trindle, III, updated the Commission about the recent court decision that allows the State to take back two billion dollars in Redevelopment funds from municipalities, which will impact Downey significantly. He also thanked everybody for enduring all the Parliamentary rules that had been imposed this evening. 2) Commissioner Kiefer thanked the residents who were still in the audience for coming to the meeting and participating in the process. 3) Commissioner Murray agreed, adding that he thought the residents would benefit from the convenience of the drug store, and the development would greatly improve the aesthetics of the parcel. He also mentioned that he had been to the Street Faire this past weekend and commented on the success of it. He stated that he'd been approached by a member of the American Legion who had informed him that the plaque honoring the veterans, which is placed in the Downey Theatre courtyard, was being vandalized by skateboarders and suggested some type of barriers be installed. 4) Community Development Director Saeki deferred this recommendation to the Deputy Public Works Director, Norris. PLANNING COMMISSION MINUTES, MAY 5, 2010 — PAGE 7 Page 8 5) Mr. Norris stated he would be happy to look into it. 6) Commissioner Vasquez also thanked the residents in the audience for their participation this Cinco de Mayo evening, when they might have preferred being elsewhere, noting that it was through the hearing process that empowered them to make a difference. He also mentioned that Kiwanis was holding their kick -off membership drive Thursday evening with Fr. Greg Boyle, founder of Home Boy Industries, as the keynote speaker. He invited everyone to consider attending and joining the service club. 7) Chairman Morales mentioned a possible workshop being coordinated with City Council. Mr. Saeki affirmed that staff was planning a workshop to review a draft specific plan for the downtown. Communications from the Public: 1. Mr. Bob Davilla, 8024 Albia Street, (District 2) addressed the Commission regarding his issues with the adult day care that was operating next to his property at 12130 Paramount Blvd. Mr. Davila provided exhibits which included a copy of the condition of approval which was being violated and pictures to substantiate. Mr. Davila mentioned that City Planner William Davis had been helpful with problems in the past but he was fed up with the continued abuse of the program directors. 2. Community Development Director Saeki stated that staff would look into the matter and bring a report back to the Commission. IX. OTHER BUSINESS: No other business was addressed. X. ITEMS FOR FUTURE AGENDA: No future agenda items were addressed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Morales adjourned the Planning Commission meeting at 9:10 p.m., to May 19, 2010 at 6:30 in the City Council Chambers, Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 19th day of May, 2010. Robert Kiefer Robert Kiefer, Vice - Chairman CITY PLANNING COMMISSION I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Commission held on the 19th day of May, 2010, by the following vote: AYES: COMMISSIONERS: Vasquez, Lambros, Murray, Kiefer ABSENT: COMMISSIONER: Morales Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, MAY 5, 2010 — PAGE 8