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HomeMy WebLinkAboutMinutes-06-02-10OV D04, REGULAR MEETING DOWNEY CITY PLANNING COMMISSION Yi Y ®' WEDNESDAY, JUNE 2, 2010 �qLI ` CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was held June 2, 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 Jessica Halak, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Kiefer, seconded by Commissioner Lambros and passed by a 4 -0 -1, with Chairman Morales abstaining, to approve the Minutes for May 19, 2010, as amended. 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 Planning - related actions from the City Council's meeting of May 25, 2010 included the approval of "Dine in Downey ", which will run for two months (late June to late August). VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: SPECIAL EVENT No. 10 -25 Location: 10830 -46 Downey Avenue Owner /Applicant: St. George Greek Orthodox Church Authorized Agent: Christina Davilas Staff: Jessica Flores 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 the operation of the annual Greek Festival on June 5 and 6, 2010, within the parking lot of the Saint George Greek Orthodox Church, on property zoned C -3 /DP (Central Business District - Downtown Plan.) Chairman Morales opened the public hearing for Special Event No. 10 -25. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, JUNE 2, 2010 — PAGE 1 Page 2 Assistant Planner, Shion Hori, presented staff's report and accompanying PowerPoint, noting the St. George Greek Orthodox Church was asking approval for their annual festival, a major fund - raiser for the organization. She noted that the Fire Department had reported that no infractions had been cited from the previous year's event; that parking is provided by neighboring churches, for which letters had been provided, and that no correspondence had been received from neighbors stating concerns. Ms. Hori stated staff supported the requested festival with the conditions as stated in the Resolutions for approval. Ms. Christina Davilas, 10925 Pangborn Avenue, representing the church, addressed the Commission. She stated that she had nothing more to add and she was able to accept the conditions on behalf of the church. In addition, she noted that the organizers had increased the amount of food to be offered this year and she invited all present to attend and enjoy the festival. Commissioners Lambros and Murray commented on how much they had enjoyed last year's festival, in particular, the performances by the children and the wonderful food. Commissioner Murray noted that in a past year there had been complaints due to noise. He asked if noise issues had been addressed? Community Development Director Saeki affirmed that noise concerns had been addressed Chairman Morales stated that the request is straight forward; the event similar to past years and all concerns appear to have been addressed. Commissioner Murray added that it is a great event serving the needs of the public, providing excellent food, and he supports the two -day event. Commissioners Vasquez and Kiefer also stated their support. It was moved by Commissioner Lambros, seconded by Commissioner Murray and passed by a unanimous vote of 5 -0, to adopt Resolution No. 10 -2643, approving Special Event No. 10 -25. 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. 00 -64, REV A Location: 7375 Stewart & Gray Road Owner /Applicant: Ananias Partnership Authorized Agent: Roger Spencer, Cortel for Sprint 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 to modify Conditional Use Permit No. 00 -64, Rev A, which permits the existing wireless telecommunications facility within an existing clock tower, by adding three (3) dish antennas, thereby increasing the number of wireless antennas within the facility from six to nine (three sectors with three antennas per sector) on property zoned C -1 (Neighborhood Commercial). Commissioner Morales opened the public hearing for Conditional Use Permit No. 00 -64, Rev A. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, JUNE 2, 2010 — PAGE 2 Page 3 William Davis, City Planner, presented staff's report and accompanying PowerPoint. He noted that a previous request for a cellular antenna at this location had been reviewed and denied by the Planning Commission, but noted the difference in this request is that the applicant is asking to collocated onto the existing clock tower. He stated that staff supported the current request and the recommended conditions of approval are included in the Resolution for approval. Mr. Davis mentioned that the Resolution number is 10 -2641. Commissioner Kiefer inquired if the clock face would be changing. Mr. Davis stated there would be no change to the clock structure itself. Commissioner Murray asked if the clock was in working order, and if it is not, he asked that it be maintained. Roger Spencer, applicant, 1335 21S St., Manhattan Beach, Ca. 90266 explained that all the equipment would be within the structure, and if the clock is not working now he will make sure that it is maintained properly. In addition, he stated that he had read and accepted the conditions as written. Chairman Morales asked staff if any correspondence had been received on this matter. Mr. Davis responded, no correspondence had been received. Chairman Morales invited public comment. No one came forward to address the Commission on this item. There being no public comment, the public hearing was closed The Commissioners noted that they were happy with this design utilizing the existing structure and that they had no problems with the modifications. It was moved by Commissioner Murray, seconded by Commissioner Lambros and passed by a 5 -0 vote to adopt Resolution No. 10 -2641, approving Conditional Use Permit No. 00 -64, Revision A as presented 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. 3. CONDITIONAL USE PERMIT No. 09 -86 Location: 11943 Paramount Boulevard Owner /Applicant: June Corn Authorized Agent: Amiee Weeks, Coastal Business Group, Inc. Staff: Shion Hori CEQA: As required by the California Environmental Quality Act (CEQA), a Negative Declaration of Environmental Impacts has been prepared for this application and will be available for comment and review at the Planning Division office until June 2, 2010. The Planning Division office is located at City Hall, 11111 Brookshire Avenue, Downey, Ca. Request: A request to consider Conditional Use Permit No. 09 -86 to allow the construction and operation of a 38 -foot tall cellular monopole with 12 panel antennas (3 sectors, 4 antennas per sector) and one parabolic antenna, stealthed as a 45 -foot tall pine tree (monopine) For T- Mobile, on property zoned C -1 (Neighborhood Commercial). PLANNING COMMISSION MINUTES, JUNE 2, 2010 — PAGE 3 Page 4 Chairman Morales opened the public hearing for Conditional Use Permit No. 09 -86. Ms. Donahue affirmed proof of publication. Assistant Planner, Shion Hori, presented staff's report and accompanying PowerPoint regarding a Conditional Use Permit for a wireless facility. The plan proposes the antenna to be stealthed as a mono - pine consisting of 12 panel antennas and 1 parabolic antenna. Ms. Hori noted that the monopine is proposed to be centrally located on the site. Ms. Hori stated that while the antenna will be at 38 -feet, the artificial pine tree will have an overall height of 45 -feet. In addition, she noted that a live pine tree at a lesser height is required to be planted to help stealth the mono -pine. She noted that the antenna itself is 24- inches in diameter. Also, as a condition of approval, two new trash enclosures are to be provided on site, one for trash and a separate enclosure for the recycle bin. In addition, the City is requiring that the existing planter be replanted with live materials to match the existing plants. Ms. Hori noted that staff had received correspondence from Ron Hart from the 99 -cent store who had requested a copy of the site plan. Ms. Hori stated staff's recommendation is that the Planning Commission adopt a Negative Declaration and adopt Resolution No. 10 -2642, approving Conditional Use Permit No. 09 -86. Commissioner Vasquez raised the issue if noise levels would be monitored. Commissioner Murray inquired into the materials for the artificial mono -pine and how well it would hold up to wind and weather, and its life expectancy. Amiee Weeks, representative for T- Mobile, 16460 Bake Parkway, Irvine addressed the Commission, noting the following: 1) the mono -pine antennas are used in many cities and seem to hold up pretty well; 2) the material proposed to cover the antennae uses pine tree needle to match the tree exactly; 3) that they maintain and replace the trees as needed; 4) the equipment operates at about 50 decibels, which is under the City's maximum for allowable sound level. Ms. Weeks stated that they accept all the conditions, but would like to address Condition #25, which requires the installation of a 5,800 -lumen high - pressure sodium street light on the wood pole across the street on Cole. She suggested that the applicant be permitted to pay Edison directly for the work order, which would enable them to include their cost as part of the scope of project. Deputy Director of Public Works, Ed Norris, addressed the Commission, explaining the condition had been included because the street is not well lit, and the light pole would benefit this retail center by increasing visibility for its patrons, not for the site itself, but for the adjacent street. He stated that the cost range is between $5,000 and $6,000 and the funds are deposited with the City of Downey, of which the City uses to reimburse Edison when the work is complete. Discussion ensued by the Planning Commissioners, City Attorney, staff and the applicant regarding the nexus for requiring lighting across the street from the project, lighting that would not be directed onto the center. Mr. Norris provided that the street was poorly lit and all the tenants of the center as well as their customers would benefit from the improvement. He admitted that there wasn't a nexus for the lighting directly related to the improvements requested on the site; however, the lighting will improve the safety near to the site and this improvement would benefit all in the general area, including this center's tenants. Commissioner Vasquez inquired of the City Attorney if a legally established nexus existed. Assistant City Attorney Trindle stated that according to what Mr. Norris is saying, no nexus would exist, but if Mr. Norris can state a case for the nexus then it would be up to the Commission to determine if it is sufficient to require Condition #25. Community Development Director Saeki stated that staff wasn't sure there is a clear nexus to require the improvement and said that he'd recommend this condition be removed since the light pole is across the street from the project site, unless Mr. Norris can make the nexus clear. PLANNING COMMISSION MINUTES, JUNE 2, 2010 — PAGE 4 Page 5 Mr. Norris re- stated that since the property was being improved, this would be an opportunity to have this deficiency corrected, benefiting patrons that might park on the street across from the site. He also mentioned that it would be a poor precedent to eliminate the condition, thereby excluding from similar conditions on future projects. Mr. Trindle stated this new information provides that there is requirement connected to the use of the property. He questioned how much this light would benefit the property, in which case there is a nexus of sorts, of factual determination, and if the applicant is willing to go forward with the requirement and staff is willing to accept the modification, it would be appropriate to accept this condition. Commissioner Kiefer asked if the stated concern regarding precedent was one the Commission should take care to protect. He also affirmed the fact that this area does need more illumination and he liked the idea of that this deficiency be corrected. More discussion followed. Mary Marshall, another representative with Coastal Business Group, expressed that from the beginning, they did not understand why they would be required to add the light, noting that she believed that would be the City's duty to install. She noted that the owner had already provided a ten foot (10) dedication for this project. She also stated that they accept all other recommended conditions. Mr. Saeki stated that he would recommend the condition be removed since the requested light would be installed on the south side of the street, thereby providing minimal light to the subject site. He noted that it would be different if the light standard were to be installed on the north side of the street benefitting the center. Commissioner Lambros stated that she agreed, that the lighting would not be for the project site, and she felt it was an unfair condition. Commissioner Vasquez stated that he wholeheartedly agreed with CD Director Saeki, that a nexus must be legally established and he didn't feel a nexus had been established. He also noted that he felt public safety is an important consideration, but legally they need to provide a substantial nexus. Chairman Morales invited the public to come forward to address any concern. There were no persons wishing to address the Commission on this matter. Chairman Morales stated that although he doesn't doubt there is a need for the additional lighting, the project under consideration would not be increasing the number of patrons, nor the amount of traffic at the site, thereby removing the nexus. Commissioner Murray asked if their decision would be precedent- setting. Mr. Saeki stated that he did not think there is a precedent here. And he shared that there would be projects coming to the Commission in the near future where off street improvements would be clearly justified. He added that in this case the nexus is a bit grey. Mr. Trindle added that when the Commission is considering setting a precedent, it is really concerned with how it is acting within its discretion, which is to say that the issue has reached a legal sufficiency. The question here is not whether the Commission is setting a precedent because it is deciding one way or another, the question is whether this rises to a legal threshold, so you're not really concerned with setting a precedent in the future. The Commission has been debating whether a legal threshold has been passed. Commissioner Lambros asked how she should move forward with a recommendation if the condition is to be removed. PLANNING COMMISSION MINUTES, JUNE 2, 2010 — PAGE 5 Page 6 Mr. Trindle noted that if the Commission is in agreement with its removal then that modification can be made in the motion. The Commissioners reviewed their positions on Condition No. 25. The Commissioners agreed that Condition No. 25 should be eliminated. Chairman Morales also shared with the applicants that all recommended conditions of approval on the Resolution, unless they are public safety items, are subject to modification or deletion, (adding that the applicant had stated that she thought this condition would not be subject to such discussion). In addition, Chairman Morales noted that this application had a Negative Declaration associated with which the Commission should address in the motion. It was moved by Commissioner Lambros, seconded by Commissioner Murray and passed by a full vote of the Commission to adopt Resolution No. 10 -2642 approving Conditional Use Permit No. 09 -86 and adopting its Negative Declaration, deleting Condition No. 25. 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. VIII. ORAL COMMUNICATIONS: 1. Community Development Director Saeki stated that the study session between City Council and Planning Commission would be either July 6 or July 8, to address the City's Downtown Specific Plan. The Commission would be notified this week of the date. 2. Commissioner Vasquez reminded the Commissioners of upcoming events, notably the Walk for Life the following week -end. 3. Commissioner Murray noted that the number of broken windows at the vacant building at Downey Landing had increased from 72 to 103 and asked how this matter might be resolved. Community Development Director Saeki said the city had been in discussion with IRG, and the Commission will be provided an update of that correspondence. 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 7:30 p.m., to June 16, 2010 at 6:30 p.m., in the Council Chambers, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 16th day of June, 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 16th day of June, 2010, by the following vote: AYES: COMMISSIONERS: Murray, Lambros, Kiefer ABSENT: COMMISSIONER: Vasquez, Morales Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, JUNE 2, 2010 — PAGE 6