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HomeMy WebLinkAboutMinutes-09-01-10OV D04, REGULAR MEETING DOWNEY CITY PLANNING COMMISSION Yi Y ®' WEDNESDAY, SEPTEMBER 1, 2010 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was held September 1, 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 Charles Vose, Interim City Attorney Rick Esteves, Police Chief John Perfitt, Assistant Community Development Director William Davis, City Planner David Blumenthal, Senior Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Lambros, seconded by Commissioner Kiefer and passed by a 5 -0 vote, to approve the Minutes of August 18, 2010, as presented. IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki stated there was no report on City Council actions to be provided. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: CONDITIONAL USE PERMIT (PLN -10- 08030) Location: 9637 Lakewood Boulevard Owner /Applicant: Louie Christopoulos Authorized Agent: Roger Spencer 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 allow placement of a new wireless telecommunications facility consisting of three (3) panel antennas, three (3) microwave antennas, one (1) GPS antenna, and one (1) equipment cabinet, to be mounted and screened on the roof, on property zoned C -2 & PB (General Commercial and Parking Buffer). Chairman Morales opened the public hearing for Conditional Use Permit request PLN -10- 08030. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, SEPTEMBER 1, 2010 — PAGE 1 Page 2 Commissioner Murray stated that he would not be able to participate on this item due to a potential conflict, in that his business is located within close proximity to the subject site. He then left the Council Chambers. William Davis, City Planner, presented staff's report and accompanying PowerPoint. He reminded the Commissioners of their action in 2006, approving the Conditional Use Permit (06 -30) which allowed for the development of the new office building on the site. Mr. Davis explained that the proposed antennae and equipment cabinet would be almost completely screened by the roof parapet. He viewed the elevations which showed the minor changes to the roof line. He stated staff's recommendation is to approve PLN -10- 08030, subject to the conditions of approval. Commissioner Vasquez inquired if the proposed antennas would be established at or above the existing roof line? Mr. Davis stated that all antenna and equipment would be installed either at or below the existing roof line and would not be visible from the street and will architecturally match the building. Barry Weatherspoon, applicant's representative, 2750 Delaman Drive, Los Angeles, stated that Clearwire agrees with most of what has been requested, however, stated their concern with Condition #6. He stated that it was not possible to maintain an 18" extension from the building for the FRP and explained how it was not possible for it to be less than 30 ". Mr. Davis responded that staff's initial thought is if the structure stayed under 18 ", it could be approved as an architectural feature, however, if the Commission is willing to approve this elevation, staff can accept it as well. Commissioner Kiefer affirmed that only the antennas would face westerly. Mr. Davis also clarified how the architectural features would be modified to accommodate the stealthing. There being no further questions /comments, Chairman Morales closed the public hearing. Commission discussion: Commissioner Vasquez clarified that there were approximately three homes to the west that might be able to view the modification to the elevation, extending the FRP to 30- inches, and stated he would be able to support the project for the benefit of providing better coverage to existing cell phones users in the area and to expand coverage. Commissioner Lambros stated the building is quite attractive and did not believe the slight modification would detract from its appeal; she fully supported the conditional use permit. Commissioner Kiefer stated that he, too, could support the design with the applicant's proposal to stealth the antennas as proposed. Chairman Morales agreed that the proposed design would not be a problem, and would not be visible from the street. It was moved by Commissioner Kiefer, seconded by Commissioner Vasquez and passed by a vote of 4 -0 -1, with Commissioner Murray abstaining, to adopt Resolution No. 10 -2657 amending Condition #6 as stated. 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. Commissioner Murray returned to the dais. PLANNING COMMISSION MINUTES, SEPTEMBER 1, 2010 — PAGE 2 Page 3 2. CONDITIONAL USE PERMIT (PLN -10- 08001) Location: 7371 Florence Avenue Owner /Applicant: Progressive Real Estate Authorized Agent: Sherrie Olson Staff: David Blumenthal 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 an Alcohol Beverage Control Type 20 (off -sale, beer and wine) license at a proposed 7 -11 convenience store on property zoned C -2 & P -B (General Commercial /Parking Buffer). Chairman Morales opened the public hearing for Conditional Use Permit request PLN -10- 08001. Ms. Donahue affirmed proof of publication. Senior Planner Blumenthal presented staffs report and accompanying PowerPoint, noting staff's recommendation is for approval. He clarified that the existing liquor store currently sells hard liquor, but the proposed 7- Eleven is asking to sell beer and wine, only. Mr. Blumenthal explained that the existing newspaper stands on display on the outside of the store will all be removed. One condition staff is including is to remove the unpermitted pipe bollards installed in front of the store's entrance. He stated that the applicant has been informed that they may, however, pull permits to install an approved style of bollard. Senior Planner Blumenthal stated that staff had received correspondence from a neighbor, Cornelia Monzon, objecting to the conditional use permit for alcohol sales. Copies were distributed. Commissioner Murray asked staff to clarify that the liquor store currently markets alcohol. Mr. Blumenthal affirmed that the current liquor has held a full Type 21 liquor license for years. The applicant's request is to reduce that down to a Type 20, beer and wine, only. Chairman Morales asked about the driveway approaches, and whether they would be changed, removing one? Mr. Blumenthal stated that there had not been a nexus to require the removal of a driveway Commissioner Kiefer inquired into any new signs that were being planned. Mr. Blumenthal noted that the property owner will probably submit a planned sign program to upgrade the signs, which will most likely include a freestanding sign on the corner. But, at this time, the sign plan has not been submitted. Commissioner Murray asked if the bollard that were installed were for safety reasons, to protect from traffic off Florence Avenue? Mr. Blumenthal responded that he wasn't sure why and when the bollards went up, but the applicant is agreeable to removing. The applicant, Sherrie Olson, 934 West Yale, Ontario, 91762, along with Jennifer MCGee, with 7- Eleven, 330 E. Lambert Road, Ste 150, Brea, 92821 addressed the Commission. Ms. Olson stated that they concur with staff's report and recommended conditions of approval. She stated they realize they are intensifying the use at this location and will be reducing the signs on the windows. She also stated that the policy of 7- Eleven is to operate in a fish bowl effect, providing visibility to Police. PLANNING COMMISSION MINUTES, SEPTEMBER 1, 2010 — PAGE 3 Page 4 Commissioner Vasquez inquired if security cameras were to be installed Ms. Olson affirmed that their crime prevention insurance program does include installation /operation of cameras in and outside the store, to monitor the premises. Wishing to address the Commission on this matter: 1. Alex Garcia, 7327 Otto Street, around the corner from the subject site, stated that although he is in favor of the change to 7- Eleven, which he believed would be a positive improvement, he wished to state concerns and problems with the existing businesses. He stated that the neighbors have been negatively impacted due to the liquor store, where there have been robberies, explaining the bullet- proof glass for the cashier. He said he thinks the liquor store is non - conforming, due to the fact it's been there for numerous years, and parking is deficient. He stated the problem is exacerbated due to the success of Gloria's Restaurant (across the street from the site under question), with those patrons parking on the streets and spilling into the residential neighborhood. His concern now is that parking is being reduced even further (in order to develop the landscaping strip). Mr. Blumenthal stated that parcel is non - conforming for parking, noting the added spaces at the corner were striped without permits and does not meet the City's requirements and that the applicants will therefore clean up the spaces created without a permit and re- stripe and will thereby maintain their non - conforming status. Mr. Garcia re- stated his concern regarding parking impacts, but stated that he believed 7- Eleven would be an improvement over the liquor store and the security cameras will be helpful. He noted that the existing store has had banners up for much longer than 30 days. He wished the new applicants success. There were no other persons wishing to address the Commission on this matter. Commissioner comments: Commissioner Vasquez inquired into the existing news racks, and whether or not the applicant would have the authority to remove them (who owned them ?) Senior Planner Blumenthal responded that the newspaper racks are a matter of First Amendment rights, and the City does not regulate; that this matter would be between the property owner and the applicant. Commissioner Vasquez asked to clarify the applicants' intention and authority. Ms. Olson responded that they have permission from the property owner. Commissioner Vasquez stated that the Commission is historically conservative when it comes to approving alcohol sales, hours of operation, etc., however, 7- Eleven has a good track record and a business motto well -known through the country. He stated that Mr. Garcia's concerns are well - taken, and he does not believe the convenience market will have the same impact on the streets as the neighborhood restaurant, since most customers are only there for a moment. Commissioner Murray stated his agreement. He was happy to hear that the applicant is going to improve the site and remove the banners. Commissioner Kiefer agree, noting that while he empathizes with Mr. Garcia, he found the proposed business will improve the overall location and the safety of the property. PLANNING COMMISSION MINUTES, SEPTEMBER 1, 2010 — PAGE 4 Page 5 Commissioner Lambros stated that she also is in favor of the new project and hoped the new business will beautify the site. Chairman Morales concurred with his fellow Commissioners, noting that having the conditional use permit in place will provide the City better ability to regulate the activities on the site and he believed the landscaping improvements will greatly enhance the property; in addition, he noted that the building size is not changing and therefore additional parking doesn't typically have to be increased. Chairman Morales also stated that he believed the improvements planned are in -line with what the city would like to see at this corner. It was moved by Commissioner Vasquez, seconded by Commissioner Murray and passed by a vote of 5 -0, to adopt Resolution No. 10 -2658, approving PLN -10- 08001, the conditional use permit to establish an Alcohol Beverage Control Type 20 license for a proposed 7- Eleven convenience store on property located at 7371 Florence Avenue, zoned C -2 & PB. 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. 3. CODE AMENDMENT (PLN -10- 08054) Location: Citywide Owner /Applicant: City of Downey Authorized Agent: City of Downey Staff: David Blumenthal 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. Request: Revision "D" to Code Amendment No. 06 -120, A request to amend Article IX of the City of Downey Municipal Code to prohibit medical marijuana dispensaries. Chairman Morales opened the public hearing on PLN -10- 08054, Revision "D" to Code Amendment No. 06 -120, a request to amend Article IX of the City of Downey Municipal Code to prohibit medical marijuana dispensaries. Senior Planner, David Blumenthal, presented staff's report proposing a code amendment to the City's Municipal Code relating to the prohibition of medical marijuana facilities within the City of Downey. Mr Blumenthal provided the historical facts regarding the City's moratorium on medical marijuana dispensaries. He stated that the moratorium has provided one (1) year for staff to study the matter in depth and to establish regulations and guidelines in response to requests that had been received to allow the operation of such facilities. He noted that the moratorium expires on November 10, 2010. Mr. Blumenthal reviewed the secondary effects associated with the sale of medical marijuana because of such dispensaries. Those effects were found to be negative and in many cases harmful, not only to the neighborhood due to increased crime both to person and property, but also putting in harm's way employees of said dispensaries and the clients themselves. He also pointed to a statistic from a report provided in 2005 in San Diego County, which showed that 72% of the patients from one particular set of raids were between the ages of 17 and 40 years old. He further addressed the impacts associated with the supply line, or "grow houses" for said dispensaries, of which a large percentage were shown to be "illegal ". Illegally developed grow houses, in most situations, involve unsafe structural alterations, especially the electrical alterations; which are often "jury- rigged ", and homes that are booby- trapped to thwart intruders, which in turn, lead to safety concerns for emergency responders. Senior Planner Blumenthal pointed out to the Commissioners that the proposed Code Amendment, prohibiting the operation of medical marijuana dispensaries, is in general conformance with the City's General Plan. General Plan Policy 1.3.1. states "Minimize or eliminate conflicts where incompatible PLANNING COMMISSION MINUTES, SEPTEMBER 1, 2010 — PAGE 5 Page 6 land uses are in proximity to each other'. Mr. Blumenthal stated that the staff report shows how the adverse secondary impact on the community outweigh their benefit, and that by prohibiting the operation of the dispensaries, the City will eliminate a potential conflict — that between existing land uses and such dispensaries. Mr. Blumenthal stated staffs recommendation is for the Planning Commission to adopt the Negative Declaration of Environmental Impacts, and adopt Resolution No. 10 -2659, recommending to City Council Code Amendment No. 06 -120, Revision "D" prohibiting medical marijuana dispensaries. Wishing to address the Commission, from the audience: David Schreck, 7227 Via Amorita spoke in opposition to staff's recommendation, in support of allowing dispensaries. Mr. Schreck stated that while the City staff has covered the negative impacts of medical marijuana dispensaries. He wanted the Commission to know the positive affects of the herb. He provided data collected personally regarding dispensaries in the State of California, most of which are beautifully run, although he agreed that he'd come across many that were bad. He shared stories of those persons who had greatly benefited from its use, adding that he was one such patient. Mr. Schreck expressed his support for the city to provide for dispensaries; noting that legitimate facilities are a benefit to the community and hoped that Downey would not become known as a city that doesn't care. He compared the secondary effects of such dispensaries to those of liquor stores; that cannabis users are everyday people, now; and its all about our human right to dignity, when were down — that it's an American right. He also stated that "education is the key ", noting that he'd been a student of the Oaksterdam University. In addition, Mr. Schreck stated that he would be happy to remain accessible to the city to answer any questions they may have for him. He stated his view, that the decision should be one of "compassion" for those suffering in such agony and would benefit from the use of marijuana. And he asked that the City not ban the drug completely from those in need. There being no further comments, Chairman Morales closed the public hearing Planning Commission comments: Chairman Morales noted that the Commission's action tonight will be advisory, as a recommendation to the City Council. Commissioner Lambros stated that she supported staffs position and would like to forward the matter to the City Council for their determination. Commissioner Kiefer stated his understanding for Mr. Schreck's position, that there may well be a small number of Downey residents that might benefit from these dispensaries, however, in his opinion, the potential for negative secondary effects to the community far outweigh the benefit for the few. As far as Downey being seen as "compassionate ", he noted that other facilities were available nearby for such patients, where marijuana can be purchased. Commissioner Kiefer stated that he supports the prohibition. Commissioner Vasquez noted this to be a sensitive issue for the community. He stated that his focus has long been on the welfare of the City's youth, noting they are the future of the community. It is for this reason that he supports the recommendation. Commissioner Murray stated, that although he feels compassion for those that are suffering, he is opposed to the current means of distribution of the drug; he supports the Code Amendment to move forward. Chairman Morales stated that he is also concerned about the lack of controls in -place for such dispensaries and for the effect on the community; that there are no clear rules in place and he could not approve dispensaries under these conditions. He noted that many concerns had surfaced in Los PLANNING COMMISSION MINUTES, SEPTEMBER 1, 2010 — PAGE 6 Page 7 Angeles where dispensaries have been allowed, and they now have to re -think those negative effects. He noted that he sympathized with Mr. Schreck and his position. He also noted that he thought there would be more discussion on the matter when it comes before the City Council. It was moved by Commissioner Lambros, seconded by Commissioner Kiefer and passed by a 5 -0 vote, to adopt Resolution No. 10 -2659, approving the Negative Declaration and recommending approval to City Council of Code Amendment No. 06 -120, Revision "D ", to prohibit medical marijuana dispensaries. VIII. ORAL COMMUNICATIONS: Commissioner Murray stated that the Chamber of Commerce's last mixer was held at the Elephant Bar and noted Downey's Elephant Bar boasts 6 th position for the restaurant franchise's overall success. IX. OTHER BUSINESS: No other business was discussed. X. ITEMS FOR FUTURE AGENDA: No future agenda 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 September 15, 2010 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 15th day of September, 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 Planning Commission held on the 15th day of September, 2010, by the following vote: AYES: COMMISSIONERS: Vasquez, Lambros, Murray, Kiefer ABSENT: COMMISSIONER: Morales Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION HAPLANNING\PC Minutes - 2010 \Sept. 1, 2010 - Minutes.doc PLANNING COMMISSION MINUTES, SEPTEMBER 1, 2010 — PAGE 7