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Home My WebLink AboutMinutes-08-04-10OV D04, REGULAR MEETING DOWNEY CITY PLANNING COMMISSION Yi Y ®' WEDNESDAY, AUGUST 4, 2010 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was held August 4, 2010. After the Pledge of Allegiance to the flag, roll was called at 6:30 p.m. COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Robert Kiefer, District 2, Vice Chairman Michael Murray, District 1 Louis Morales, District 3, Chairman Fernando Vasquez, District 5 Terry Lambros, District 4 ALSO PRESENT: Brian Saeki, Community Development Director Charles Vose, Interim City Attorney, William Davis, City Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: The Minutes for July 21, 2010 were continued to the next meeting, August 18, 2010, since there was not a quorum of eligible Commissioners. IV. AGENDA CHANGES: There were no changes to the agenda. Mr. Saeki introduced the Interim City Attorney, Charles Vose, noting that Mr. Vose was familiar with the City of Downey and its issues, having previously worked as City Attorney and as Economic Development Director for the City of Downey. V. REPORT ON CITY COUNCIL ACTION: No report was provided. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: CONDITIONAL USE PERMIT No. 09 -14 Location: 11010 Paramount Boulevard Owner /Applicant: Steve Makepeace /Tatti Properties Chairman Morales opened the public hearing for Conditional Use Permit No. 09 -14. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, AUGUST 4, 2010 — PAGE 1 Raymond Portela Authorized Agent: Same 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 request to consider a second six (6) month review for the operation and compliance with the conditions of approval for an existing restaurant (Portofino at Downey), on property zoned C -3 (Central Business District). Chairman Morales opened the public hearing for Conditional Use Permit No. 09 -14. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, AUGUST 4, 2010 — PAGE 1 Page 2 Assistant Planner, Kevin Nguyen, presented staffs report along with the accompanying PowerPoint. He reminded the Commissioners of past Planning Commission actions for this business that included the approval of Conditional Use Permit No. 09 -14 to allow live entertainment, in conjunction with alcohol sales, with the provision that the applicant return to the Commission after six (6) months for a review of any negative impacts from the approval, and to make sure all conditions had been adhered to. Mr. Nguyen explained that although the restaurant has been closed, it was the recommendation of staff that the Conditional Use Permit be placed on calendar for review in another 6 months. Commission Kiefer inquired why the City didn't revoke the Conditional Use Permit. Mr. Nguyen responded, Conditional Use Permits, by law, are generally permitted a year before all conditions must be met, unless otherwise stated. For this reason, staff thought it wise to allow the approval to remain in effect for another six months, in order to potentially re- establish the approved use. By this timeline, the applicant would have until January, 2011. If, by that time, no activity has been requested, a revocation process will be initiated. Chairman Morales noted that the applicant was not present at the hearing. He re- stated staff's recommendation is to bring the matter back in six (6) months. There were no persons in the audience wishing to address the Commission on this item. There being no comments regarding staffs recommendation, the public hearing was closed. It was moved by Commissioner Murray, seconded by Commissioner Kiefer and passed by a 3 -0 vote, with Commissioners Kiefer, Murray and Morales voting in the affirmative and Commissioners Vasquez and Lambros absent. 2. PLN -10 -08020 (SIGN) Location: 13541 Lakewood Boulevard Owner /Applicant: The Valarie McCabe Trust Authorized Agent: Gustavo Flores /Gus Signs 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 request to establish a Planned Sign Program to regulate the size, location a and appearance of the signs within a multi- tenant commercial building, on property zoned C -2 (General Commercial). Chairman Morales opened the public hearing for PLN -10- 08020. Ms. Donahue affirmed proof of publication. Assistant Planner Nguyen presented staffs report and accompanying PowerPoint. He stated staff's recommendation was to approve the Sign Program as presented. Chairman Morales noted that the applicant was not present. In addition, there were no persons in the audience indicating a desire to address the Commission on this item. Chairman Morales stated that the request was straight - forward; signs will be consistent in size and color, and he didn't see any issues or concerns; he stated his support that the signs within the center will take on a uniform look. It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a vote of 3- 0-2, with Commissioners Kiefer, Murray and Morales voting in the affirmative and Commissioners Vasquez and Lambros absent. PLANNING COMMISSION MINUTES, AUGUST 4, 2010 — PAGE 2 Page 3 3. PLN -10- 08037: AMENDMENT TO PARCEL MAP No. 84 -16463 Location: 12147 Lakewood Boulevard Owner /Applicant: Shree Swaminarayan Satang Mandal of California Authorized Agent: Tredway, Lumsdaine & Doyle, LLP 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 15305 (Class 5, Minor Alterations in Land Use Limitations). Request: A request to modify the conditions of approval for Parcel Map No. 84- 16463, requesting abandon an ingress and egress easement located on the west side of the property, zoned C -2 (General Commercial). Chairman Morales opened the public hearing for PLN -10- 08037, an amendment to Parcel map No. 84- 16483. Ms. Donahue affirmed proof of publication. William Davis, City Planner, presented staff's report, along with the accompanying PowerPoint. He explained the applicants' request involved the vacation of a required driveway (easement) along the rear of their property that runs the length of the applicant's property and terminating at adjacent property to the north. He explained how the driveway was never utilized and the reasoning behind the requested amendment; that the Temple built across portions of the property. He indicated staff could support the request because conditions have changed that would warrant the elimination of this condition. Mr. Davis stated that no correspondence had been received on this noticed public hearing item. He said the Resolution for approval is number 10 -2654. In addition, he said that the Commission's approval to eliminate this required condition of approval would be the first step in the process that the matter would then be forwarded to the Public Works Department. Mr. Davis, responding to questions from the Commission, stated that the applicant was pursuing this request because the condition was creating a hardship for the temple. The applicant, Ramin Patel and his representative, Pamela Tahim, addressed the Commission. Chairman Morales pointed out that there were approximately 50 members of the Temple present, to show support for the request. Ms. Tahim explained that they wished to have this condition of approval removed from their parcel map which they viewed as a hardship to the Temple, noting that the City had required and approved the location of the trash enclosure and the wall, which were in the middle of the easement and the easement is being parked upon. Commissioner Murray asked Mr. Ramin why the property was not being kept up, pointing out the 3 -1/2 foot high weeds and trash in the planters, and noting that the landscaping had not been watered for 18 months. Ms. Tahim responded that the facility would be cleaned up. She thanked Commission Murray for bringing this matter to their attention. Chairman Morales invited members of the public to address the Commission. He noted that it was not necessary for everyone present to address the Commission, but encouraged that a couple of spokespersons speak for the group. The following persons spoke in favor of the request: 1. VJ Desay, resident of Anaheim, board member of the Anaheim Convention Center and a member of Satang Madel Temple. 2. Parsha Parte, 12527 Paramount Blvd, #C 3. Mandelia, Valencia, and employed by the City of Los Angeles PLANNING COMMISSION MINUTES, AUGUST 4, 2010 — PAGE 3 Page 4 Their comments of support noted the following reasons: the City approved the location for the trash enclosure and the wall; the driveway was essentially vacated, in terms of use, and was not being used at the time the Parcel Map was approved; the driveway runs the length of the Temple's rear property line and at its northerly terminus is the auto repair business; the auto repair business has its own access and does not utilize the easement; the that law permits an abandoned easement to be purchased by the property owner; and nobody else has a private interest in the easement. These representatives stated they would greatly appreciate an approval by the Planning Commission. Commission comments: Commissioner Murray stated that he could support the request, but was greatly concerned about the lack of property maintenance, but adding that some improvements had been made, such as the removal of some banners and non - permitted signs. Commissioner Kiefer stated his agreement, noting that he also is aware of the needed maintenance, and that the Temple was a beautiful structure: regular maintenance would make the difference. Chairman Morales stated that the request seemed pretty straight - forward with the easement effectively already vacated. He also wanted to see the property cleaned up. It was moved by Commissioner Murray, seconded by Commissioner Kiefer and passed by the three Commissioners present, to adopt Resolution No. 10 -2654, approving the Amendment to Parcel Map No. 84- 16463, eliminating Condition No. 5, which required the recordation of an easement along the westerly side of the subject parcels. It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a vote of 3- 0-2, with Commissioners Kiefer, Murray and Morales voting in the affirmative and Commissioners Vasquez and Lambros absent. VIII. ORAL COMMUNICATIONS: 1. Chairman Morales welcomed Interim City Attorney, Charles Vose, back to the City of Downey 2. Commissioner Murray thanked Community Development Director Saeki for having the Veterans Memorial patio area cleaned up; noting that it was a good sign of tribute to our Veterans. 3. Chairman Morales thanked Commissioner Kiefer for stepping in as Chairman at the Commission's previous meeting. IX. OTHER BUSINESS: No other business was discussed. X. ITEMS FOR FUTURE AGENDA: Mr. Saeki stated there were no future agenda items to discuss. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:10 p.m., to August 18, 2010 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 18th day of August, 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 Planning Commission held on the 18th day of August, 2010, by the following vote: AYES: COMMISSIONERS: Murray, Kiefer, Morales ABSTAIN: COMMISSIONER: Lambros, Vasquez ABSENT: COMMISSIONER: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H: \PLANNING \PC Minutes- 2010\Aug 4, 2010 - Minutes.doc PLANNING COMMISSION MINUTES, AUGUST 4, 2010 — PAGE 4