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HomeMy WebLinkAboutFeb 2, 2011-Draft MinutesMINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, FEBRUARY 2, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held February 2, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:35 p.m. II. COMMISSIONERS PRESENT: Louis Morales, District 3 Michael Murray, District 1, Vice - Chairman Hector Lujan, District 5, arrived 6:40 p.m. Ernie Garcia, District 4 Robert Kiefer, District 2, Chairman ALSO PRESENT: Brian Saeki, Community Development Director Yvette Abich Garcia, City Attorney David Blumenthal, Senior Planner Jessica Flores, Associate Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a vote of 3- 0 -1 -1, with Commissioners Morales, Murray and Kiefer voting "Aye ", Commissioner Garcia abstaining and Commissioner Lujan absent, to approve the Minutes of January 19, 2011. IV. AGENDA CHANGES: Community Development Director Saeki suggested that the Commission move the items from "IX. OTHER BUSINESS" up to the front of the agenda, thereby former Commissioner Terry Lambros would not have to wait until the end of the meeting to receive her resolution of appreciation. V. REPORT ON CITY COUNCIL ACTION: 1. Mr. Saeki stated he did not have a report on City Council actions. 2. Moved up from Other Business: Chairman Kiefer read into the record and presented a resolution of appreciation to Terry Lambros, for her six years of community involvement serving on the Planning Commission. The Resolution reads as follows: "A RESOLUTION OF THE CITY OF DOWNEY PLANNING COMMISSION EXPRESSING ITS APPRECIATION AND COMMENDATION TO Terry Lambros FOR HER SERVICES AS A MEMBER OF THE DOWNEY PLANNING COMMISSION, THE CITY PLANNING COMMISSION DOES RESOLVE AS FOLLOWS: WHEREAS, Terry Lambros was appointed to the Planning Commission from District No. 4 on January 19, 2005, and served until January 5, 2011; and WHEREAS, Terry Lambros served in this capacity with dedication giving freely of her time to continue to promote and assist in the orderly development of her community; and WHEREAS, Terry Lambros has continued to support and encourage modern City Planning concepts for the betterment and welfare of our community. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Downey extends its sincere gratitude to Terry Lambros for the service she performed as Planning Commissioner, and the contribution of her experience during her six years of service to the community. AND FINALLY RESOLVES, the Secretary of the Planning Commission be instructed to forward a copy of this Resolution to Terry Lambros and cause this Resolution to be spread upon the Minutes of the Official Records of the Planning Commission of the City of Downey. PLANNING COMMISSION MINUTES, FEBRUARY 2, 2011 — PAGE 1 Page 2 I, HEREBY CERTIFY the foregoing Resolution was adopted by the City of Downey Planning Commission at a regular meeting thereof held on the 2nd day of February, 2011. The Resolution was signed by all the Planning Commissioners. Ms. Lambros stated that it had been an honor for her to have been able to serve on the Planning Commission. She thanked former Mayor /Councilmember Bayer, who was present, for having the confidence to appoint her six years ago. And she thanked each of the staff, City Attorney, secretary and Planning Commissioners for their continued work for the benefit of our community. She stated how important the Commissioners' jobs are for the well rounded development of the City balancing the healthy growth of the business community as well. Commissioners Morales, Murray and Kiefer shared that they appreciated having had the opportunity to serve along side Commissioner Lambros and for the knowledge and experience which she had imparted. (Commissioner Hector Lujan arrived at this time and joined the Commission on the dais.) 3. Community Development Director Saeki narrated a PowerPoint presentation entitled, "Overview of Land Use Regulations ". Following Mr. Saeki's review of the land use issues, Ms. Yvette Garcia reviewed the balance of the slide presentation covering legal issues for the Commissioners, which included Brown Act regulations, definition of what may constitute a quorum /teleconferencing, providing for public comment period on agendas and the various types of potential conflicts of interest. VI. CONSENT CALENDAR ITEMS: Chairman Kiefer noted there were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: 1. CONDITIONAL USE PERMIT No. 09 -03 Location: 11416 Old River School Road Owner /Applicant: Livingston Trust, c/o Duane Alstrom Authorized Agent: Eric Lee 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 Conditional Use Permit request to permit a massage establishment on property zoned C -2 (General Commercial). Chairman Kiefer opened the continued public hearing for Conditional Use Permit No. 09 -03. Ms. Donahue affirmed proof of publication. City Attorney, Yvette Abich Garcia, stated that Commissioner Garcia and Commissioner Lujan would be ineligible to participate in discussion for this item, unless they had listened to the tape recordings for the previously held meetings,. She explained that the Commissioners, in this instance, may remain seated on the dais, since this was not a case involving potential conflict of interest. Associate Planner, Jessica Flores, presented a brief overview to the Commission, reminding them of their previous action at their January 19 meeting; that following staff's presentation and public testimony the Commission's action was to continue the matter with direction to staff to bring back a report regarding any complaints associated with Ms. Kim's current massage location, which is also in the City of Downey. Ms. Flores noted that she had met with the Police Department and can report that there have been no violations within the last five (5) years and that, accordingly, Ms. Kim had passed the background check. However, Ms. Flores added that Ms. Kim had disclosed to her that one of her technicians had been arrested for prostitution ten years ago. PLANNING COMMISSION MINUTES, FEBRUARY 2, 2011 — PAGE 2 Page 3 The Commissioners had a few questions to ask of staff and of Ms. Kim. Chairman Kiefer asked how close the subject site was located to residential. Ms. Flores responded, fifteen feet from the rear of the building to the neighboring property line, making the setback legal, and nonconforming. She noted that the center was built at fifteen feet from the property line, but this setback requirement has since been changed to forty -five (45) feet. Chairman Kiefer asked staff if statistics would confirm these -type businesses are associated with an increase in crime? Community Development Director Saeki affirmed, noting that massage facilities have been known to generate arrests. Chairman Kiefer inquired how many such facilities the City has. Mr. Saeki responded, there are 20, with a total of 66 licensed masseuses. Commissioner Morales asked staff to affirm that massage is not considered an adult business. Mr. Saeki affirmed, noting that massage is a legitimate and permitted use. Young Kim, applicant, 1214 S. Magnolia, Los Angeles, 90006 addressed the Commission. She stated that she had read and accepted all recommended conditions of approval. She informed the Commission that she employs seven masseuses currently, and has proposed eight for the new location, fora total of 15. Chairman Kiefer asked if any correspondence had been received in regards to this matter. Ms. Flores responded, no correspondence had been received. Chairman Kiefer invited members of the audience to come forward to address the Commission. No one came forward to address the Commission on this matter. Chairman Kiefer closed the public hearing. Plannina Commission comments: The Commission indicated concerns regarding the proliferation of massage businesses popping up throughout the City and the potential of increased crime associated with them, and in particular, the proximity to residential. Another concern stated was the lack of openness in the entry/lobby of the facility. In addition, the fact that there had been a violation regarding this applicant's current location was taken into consideration. Chairman Kiefer asked for direction from City Attorney Garcia on how to proceed. Ms. Garcia responded that if it is the intention of the Commission to deny the Conditional Use Permit application for massage, they must provide staff with clear direction on which of the findings cannot be made. Staff can then prepare a Resolution for denial, based on this direction, and bring it to their next meeting for adoption. Commissioner Morales noted that staff's stated recommendation is for approval; as such, he would want any approval to be for a limited time. Chairman Kiefer noted that based on this evening's discussion, he did not feel comfortable moving forward with an approval, even a limited one. Commissioner Murray expressed his agreement with Chairman Kiefer. Community Development Director Saeki restated those concerns that the Commission had discussed, which he said can be incorporated into findings, or lack of findings. The Commissioners reviewed and restated those concerns that had been addressed, to include: 1) the subject property's proximity to residential; 2) a proliferation of massage establishments in Downey and crime related to the applicant's current location and with the use in general; 3) the lack of openness in the lobby. PLANNING COMMISSION MINUTES, FEBRUARY 2, 2011 — PAGE 3 Page 4 It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a vote of 3 -0 -2, with Commissioners Morales, Murray and Kiefer voting "Aye" and Commissioners Lujan and Garcia abstaining, and directing staff to bring back a Resolution denying the request to the next Planning Commission meeting. 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. VIII. ORAL COMMUNICATIONS: 1. The Commissioners welcomed Commissioner Lujan to his first meeting, and Commissioner Garcia to his second meeting. 2. Referencing the many cell tower applications that had come before the Commission this past year, Commissioner Murray asked if the City had reviewed studies regarding potential harmful affects due to emissions from said towers. Mr. Saeki provided a positive response, adding that staff would soon be providing a location map to the Commission indicating the various cell sites. Commissioner Morales asked that the propagation maps be included during each request. Mr. Saeki agreed. 3. Commissioner Murray thanked staff and Ms. Garcia for their presentations. Ms. Garcia noted that she is available to the Commissioners anytime they would like to obtain more detail on these matters. IX. OTHER BUSINESS: No other business was addressed. X. ITEMS FOR FUTURE AGENDA: There were no future agenda items addressed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:50 p.m., to February 16, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. It is anticipated that the February 16, 2011 meeting will be adjourned for lack of items. The next regularly scheduled meeting will be held March 2, 2011 at 6:30 p.m. APPROVED AND ADOPTED this 2nd day of March, 2011. Robert Kiefer, 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 2nd day of March, 2011, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: Theresa Donahue, Secretary CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, FEBRUARY 2, 2011 — PAGE 4