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HomeMy WebLinkAboutMinutes-06-16-10OV D04, REGULAR MEETING DOWNEY CITY PLANNING COMMISSION Yi Y ®' WEDNESDAY, JUNE 16, 2010 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was held June 16, 2010. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Michael Murray, District 1 Terry Lambros, District 4 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, III, Assistant City Attorney William Davis, City Attorney David Blumenthal, Senior Planner Jessica Flores, Assistant Planner II Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Lambros, seconded by Commissioner Murray and passed by a full vote of the Commissioners present: Murray, Lambros, Kiefer, to approve the Minutes for June 2, 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 that the City Council reviewed the upcoming budget for the various departments for the City of Downey at their June 9 Study Session with Community Development Commission. He noted that Council has indicated that while the projected revenue is several million dollars short of what is needed, they will still need to approve the budget at their Jun 22 meeting, in order to meet the deadline date of July 1, 2010. He stated that Council had indicated that three million dollars would be transferred from the City's General Funds reserve account. VI. CONSENT CALENDAR ITEMS: Commissioner Kiefer noted that there were no Consent Calendar items scheduled for this evening. VII. PUBLIC HEARING ITEMS: CONDITIONAL USE PERMIT No. 09 -93 Location: 9001 Paramount Boulevard Owner /Applicant: Landmark Christian Church Authorized Agent: Aaron Anderson Staff: Jessica Flores 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 and comment in the Planning Division office until June 16, 2010. The Planning Division office is located at City Hall, 11111 Brookshire Avenue, Downey, Ca. PLANNING COMMISSION MINUTES, JUNE 16, 2010 — PAGE 1 Page 2 Request: A request to allow for a new cellular tower with three (3) antennas at 38 feet tall, four (4) equipment cabinets and one (1) GPS antenna behind a seven foot high block wall enclosure on property zoned R1 -7,500 (Single Family Residential). Vice - Chairman Kiefer opened the public hearing for Conditional Use Permit No. 09 -93. Ms. Donahue affirmed proof of publication Project planner, Jessica Flores, presented staffs report noting that staff was requesting that Condition #19 be removed. She explained that the property owners had completed a major upgrade to the property recently, which involved extensive landscaping and various improvements. As such, no additional landscaping would be required. She also stated that the cross which would house the cellular antenna would incorporate up lighting and down lighting, will conform to all Downey Municipal Code standards, is located 130 -feet from the Paramount Boulevard property line, and although it will remain lit through the evening, it will utilize low impact lighting. Ms. Flores stated that the affected site area will be well stealthed, placed behind a block wall with landscaping to help screen the wall. Responding to Commissioner Murray's comment, Ms. Flores affirmed that this was the first cellular antenna placed within a cross (that is not a steeple), as far as she knew. Ms. Flores directed the Commission to correspondence received from Mary Phillips, a resident in the neighborhood, who objected to the request, and whose objections cited studies that claim the potential for harmful affects caused by the cellular structure and she thought it would be an eyesore to the neighborhood. Aaron Anderson, One Venture, Irvine, representing T- Mobile, accepted the conditions of approval, adding that all FCC regulations will also be incorporated into the design and implementation, and all the City's development standards will be met. He stated that the cross design blended well with the project site, and the landscape buffer will mitigate any potential visual impact. He informed the Commission that the new antennas were needed to improve the level of service within the immediate area and, when complete, will improve the emergency communications system. He stated that the propagation map shows that signals are weak and spotty in this area; therefore, customers experience dropped calls and weak signals. He stated that a new facility at this location will help to alleviate the demand being placed on some of the surrounding facilities and thereby provide better service to those areas. Responding to Ms. Phillips' concerns, he stated that there had been numerous studies regarding potential harmful affects caused by the antennas, and that there had been much discussion by the scientific community, but so far these facilities have been deemed safe. In addition, this cell site contains no microwave antenna. He noted that the structure will be 132 -feet from the public right -of -way, which will reduce the potential of harmful affects, and only remits ambient noise. Commissioner Lambros inquired if there were any church representatives present, whether the members of the church had any concern with a cellular antenna being installed in the cross, noting that it could be seen as disrespectful to have a cellular antenna on a cross. Steven Jordan, pastor of Cornerstone Worship Center for the past 12 years addressed the Commission. He explained that the proposed 38 -foot tall cross will provide much needed recognition identifying the site as a church. He assured Commissioner Lambros that no portion of the antenna would be visible on the cross, therefore it will not be defaced, In addition, Mr. Jordan shared with the Planning Commissioners the various community projects and programs their church community supported, to include 52 entities throughout the world. Community Development Director Saeki assured the Commission that the antennas would be fully stealthed within the cross. PLANNING COMMISSION MINUTES, JUNE 16, 2010 — PAGE 2 Page 3 Pastor Jordan said the proposed cross will be well - placed on the site and the antennas not visible from outside the screened area, that the additional lighting would serve the purpose of lighting the parking area and the cable line which currently runs across the property to serve the existing power pole will be placed underground during this modification, which is an additional improvement to the site. Paster Jordan added that the lighting within the cross will remain on through the evening, but will not be intrusive, lighting only the immediate area. Vice - Chairman Kiefer asked if any correspondence had been submitted on this item. Ms. Flores informed the Commission that the only correspondence received, from Ms. Phillips, had been included in staff's report and was mentioned earlier. Vice - Chairman Kiefer invited members of the public to address the Commission. There were no persons wishing to address the Commission at this time. Mr. Davis stated staff's recommendation was to approve the Negative Declaration for the cellular structure and approve Conditional Use Permit No. 09 -93, deleting Condition Number 19. There being no questions regarding staff's recommendation, the public hearing was closed Planning Commission comments: Commissioner Lambros noted that her previously stated concern, that the cross would be defaced with antennas and equipment attached to it, had since been dispelled and she stated that she would be in support. Commissioner Murray also indicated that he was in support, noting that an antenna stealthed within the cross would fit nicely on the subject site and help to identify the facility as a church. Vice - Chairman Kiefer stated his support as well, noting that the cross and structure area were adequately set back from the property lines and the antennas well stealthed, and approved of the cross for recognition. It was moved by Commissioner Lambros and seconded by Commissioner Murray and passed by a vote of 3 -0 -2, with Commissioners Vasquez and Morales absent, to adopt Resolution No. 10 -2644, approving the Negative Declaration and approve Conditional Use Permit 09 -93, deleting Condition Number 19. Vice - Chairman Kiefer 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. CONDITIONAL USE PERMIT No. 94 -40. Revision A Location: 12114 Paramount Boulevard Owner /Applicant: CULIKAST LLC Authorized Agent: Curtis Jenkins 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). PLANNING COMMISSION MINUTES, JUNE 16, 2010 — PAGE 3 Page 4 Request: A request to modify the conditions of approval for Conditional Use Permit No. 94 -40 (Revision A), thereby increasing the number of children allowed from 25 to 35, and establishing the hours of operation as 7:00 a.m. to 7:00 p.m., for an infant day care center facility, on property zoned C -2 (General Commercial). Vice - Chairman Kiefer opened the public hearing for Conditional Use Permit No. 94 -40, Revision A. Ms. Donahue affirmed proof of publication. William Davis, City Planner, reviewed staff's report and accompanying PowerPoint presentation with the Commission, noting that staff was able to make the findings to support the request to increase enrollment, so as to include children without disabilities, and to increase hours of operation at the existing infant day care facility. In addition, he noted that there are no directional signs on the site currently, and staff supports the placement of the noted signs, which have been requested in order to provide better on -site circulation. Mr. Davis also stated that the new signs would direct traffic circulation on -site as well as onto the streets, away from residential properties on Albia Street, in an orderly fashion. He noted that the business operator, Curtis Jenkins, has developed a good rapport with the neighbors, and that no complaints have been received regarding their activities. Finally, he stated that the program is state - funded, and as such, the program is closely monitored by the state for adherence to their guidelines as well as those set by the City. In response to an inquiry from Vice - Chairman Kiefer about the playground area, Mr. Davis stated that the playground is completely fenced in, and has been for the past 15 years. Curtis Jenkins, Executive Director of CurtisCare, 6709 La Tierra Blvd., Los Angeles, Ca. restated the request, to increase capacity to 35 children per session (morning- afternoon) and thus creating a blended program to include non - challenged children; to increase hours to: 7 a.m. to 7 p.m., and to increase the program from 5 days per week, to 7 days per week. He informed the Commission of correspondence that has been received stating support from Supervisor Don Knabe of the Los Angeles County Board of Supervisors, and copies of the letter were distributed. Mr. Jenkins stated that no impact to the surrounding properties was anticipated and noted that he'd not received any comments from any neighbors. He stated that three (3) additional parking spaces are also being provided on the east side of the children's play area. Mr. Jenkins stated that they have six (6) full time employees, as well as part time specialists such as the occupational therapist. Mr. Jenkins described the on -site circulation proposed and stated that traffic has not been an issue. He also explained that the State's required teacher - infant ratio is 1 to 3 for those with disabilities and 1 to 8 for non - challenged, but the ages of the infants will remain 12 months to 36 months. Wishing to address the Commission on this matter: 1. Lorena Morales, 8022 Alameda St., a Downey resident for 24 years shared her story with the Commission of her son, Matthew, who was diagnosed with autism at age 2, and that the CurtisCare program had helped him learn to live a normal life. He is now 16 years old and currently going to Warren High School, while working at Big Lots. She told of the program's success in early intervention and how her other two children also benefited from the program. Mrs. Morales stated that the program has been an asset to the community, providing support to families with their children's school needs. 2. Ronald Taylor, 12618 Riverside Drive, Tuluca Lake, spoke to the Commission about the character of Mr. Jenkins, pointing out that because of his humble nature Mr. Jenkins has not touted his accomplishments, but stated that his program has inspired many, while reaching out to the community. He emphasized his support for the program. Commissioner Lambros commented that the letter from Supervisor Knabe also helps her to form a positive opinion of this program and the requested expansion. Mr. Taylor shared that Mr. Knabe is familiar with the program from a personal perspective and therefore is able to provide his support with confidence. PLANNING COMMISSION MINUTES, JUNE 16, 2010 — PAGE 4 Page 5 Vice - Chairman Kiefer asked staff for their recommendation. Mr. Davis stated that staff's recommendation for approval is reflected in the attached Resolution No. 10 -2645. There being no questions regarding staff's recommendation, the public hearing was closed. The Planning Commissioners commented on the program and its Director, Mr. Jenkins, who had prepared well for this request; that the program appears to be successful and a benefit to the community; that the traffic on site and from the site has not been a source of complaint to the neighbors; that all the potential concerns had been addressed and an expansion of the program can be supported. In addition, they stated that Downey was fortunate to have this program available to those who are in need. It was moved by Commissioner Murray, seconded by Commissioner Lambros and passed by a 3 -0 -2 vote, with Commissioners Vasquez and Morales absent, to adopt Resolution No. 10 -2645 approving Revision A of Conditional Use Permit No. 94 -40. Vice - Chairman Kiefer 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. 3. CODE AMENDMENT No. 06 -120. Revision C Location: Citywide Owner /Applicant: City of Downey Authorized Agent: Community Development Director Staff: David Blumenthal 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 16, 2010. The Planning Division office is located at City Hall, 11111 Brookshire Avenue, Downey, Ca. Request: A request to amend Sections 9314.06(b)(2) and 9814.04(h) of the Downey Municipal Code to revise the regulations for restaurants with outdoor dining, thereby allowing the outdoor dining area to be approved, subject to a Minor Conditional Use Permit. Vice - Chairman Kiefer opened the public hearing for Code Amendment No. 06 -120, Revision C. Ms. Donahue affirmed proof of publication. Senior Planner Blumenthal reviewed the current Code regulations for outdoor dining for restaurants and noted that staff had determined the regulations to be somewhat onerous, thus discouraging retailers from pursuing their desired expansions. This revision to the Code would allow the applicant to apply for a Minor Conditional Use Permit, which requires notification of property owners within 100 -feet of the restaurant and would no longer be reviewed by the Planning Commission, but would be decided administratively, instead. Being reviewed administratively provides two advantages to the applicant: 1) the cost is reduced substantially; and 2) the processing time is cut by several months. Mr. Blumenthal stated that fencing for the dining areas will be required and reviewed by staff and the fee for the Minor Conditional Use Permit is $250, which has been set by City Council- approved Resolution. Mr. Blumenthal stated staff's recommendation is that the Planning Commission recommend the City Council adopt the Negative Declaration and approve Revision C of Code Amendment No. 06 -2 -120. The Resolution No. is 10 -2646. Vice - Chairman Kiefer invited the public to come forward to address the Commission. PLANNING COMMISSION MINUTES, JUNE 16, 2010 — PAGE 5 Page 6 VIII There were no persons present to address the Commission on this matter. In addition, Mr. Blumenthal stated that no correspondence had been received. There being no questions regarding staff's recommendation, the public hearing was closed. The Planning Commissioners expressed their full support for the recommended revision which they stated should encourage more openness and outside dining in the downtown, as well, and will help businesses to expand and stay in Downey. It was moved by Commissioner Lambros, seconded by Commissioner Murray and passed by all Commissioners present, with Commissioners Murray, Lambros and Kiefer voting "Aye" and Commissioners Vasquez and Morales absent, to recommend to City Council the adoption of the Negative Declaration and approval of Code Amendment No. 06 -120, Revision C. ORAL COMMUNICATIONS: 1. Commissioner Lambros noted that she would be missing some upcoming meetings due to a scheduled surgery. 2. Community Development Director Saeki provided a short update regarding the status of the broken windows at the Downey Landing property, noting that the property manager continues to work on a resolution. IX. OTHER BUSINESS: No other business was addressed. X. ITEMS FOR FUTURE AGENDA: No items for future agendas were addressed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:40 p.m., to July 6 at 6:00 p.m. for a Joint Workshop with City Council to review and discuss the Draft Downtown Specific Plan, to be held in the Council Chambers, Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. The next regularly scheduled Planning Commission meeting will be held, July 7, 2010 at 6:30 p.m., in the Council Chambers, Downey City Hall. APPROVED AND ADOPTED this 7th day of July, 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 7th day of July, 2010, by the following vote: AYES: COMMISSIONERS: Lambros, Murray, Kiefer ABSTAIN: COMMISSIONERS: Vasquez, Morales Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H: \PLANNING \PC Minutes- 201 0Wune 16, 2010 - Minutes.doc PLANNING COMMISSION MINUTES, JUNE 16, 2010 — PAGE 6