HomeMy WebLinkAbout03-02-11-MinutesALSO PRESENT:
MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, MARCH 2, 2011
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
I. A Regular meeting of the Planning Commission was held March 2, 2011. After the Pledge of Allegiance
to the Flag, roll was called at 6:34 p.m.
II. COMMISSIONERS PRESENT: Ernie Garcia, District 4
Louis Morales, District 3
Michael Murray, District 1, Vice - Chairman
Hector Lujan, District 5
Robert Kiefer, District 2, Chairman
Brian Saeki, Community Development Director
Yvette M. Abich Garcia, City Attorney
William Davis, City Planner
David Blumenthal, Senior Planner
Jessica Flores, Associate Planner
Theresa Donahue, Secretary
III. MINUTES: It was moved by Commissioner Morales, seconded by Commissioner Murray, and
passed by a unanimous vote, to approve the Minutes of February 2, 2011, as presented.
IV. AGENDA CHANGES: Community Development Director Saeki stated a correction for public
hearing item number 2, (PLN -10- 08155), where the owner /applicant and authorized agent were
incorrectly printed on the agenda. The corrections were: Owner /Applicant: "Fr. John Constantine /St.
George Greek Orthodox Church" and Authorized Agent: "Gary Kostrivas /Mark Johnson, Hall of Fame
Market and Deli ".
V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki noted there were no Planning - related items
to report from the February 22nd City Council meeting.
VI. CONSENT CALENDAR ITEMS:
Chairman Kiefer noted there were no Consent Calendar Items on this agenda.
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 public hearing for Conditional Use Permit No. 09 -03. Ms. Donahue affirmed
that the matter had continued from a properly noticed Planning Commission meeting held February 2,
2011.
PLANNING COMMISSION MINUTES, MARCH 2, 2011 — PAGE 1
Page 2
Jessica Flores, Associate Planner, presented a brief report reminding the Commission of their action on
February 2, 2011, whereby they directed staff to prepare a Resolution denying the requested Conditional
Use Permit to permit a massage business. She noted that Resolution No. 11 -2698 was, therefore,
prepared and is before the Commission for its adoption.
The Commissioners discussed the findings that had been developed to deny the request as found on
page 2 of the Resolution. Those findings included: 1) the property under question does not have the
46 -foot setback from residential properties to the east, as current code would require; 2) massage
establishments have been linked to criminal activity; 3) the General Plan Policy 1.1.1 states "Maintain a
balance of land uses ", which is implemented in part by Program 1.1.1.1, which states: "Discourage the
over - concentration of a particular land use that will preclude the establishment of other uses needed to
serve the community "; 4) the approval of additional massage establishments would have an adverse
affect on the purpose and intent of the Zoning Code, the City's General Plan, and on the public
convenience and general welfare of persons residing and working in the immediate neighborhood.
It was moved by Commissioner Murray, seconded by Commissioner Morales, and passed by a vote of
3 -2, with Commissioner Morales, Murray and Kiefer voting "Aye ", and Commissioners Garcia and Lujan
abstaining from the vote, to adopt Resolution No. 11 -2698, denying the applicant's requested
Conditional Use Permit to permit a massage facility at the address 11416 Old River School Road.
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. PLN -10 -08155 (CONDITIONAL USE PERMIT)
Location: 10846 Downey Avenue
Owner /Applicant: Fr. John Constantine /St. George Greek Orthodox Church
Authorized Agent: Gary Kostrivas /Mark Johnson, Hall of Fame Market and Deli
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 Conditional Use Permit request to reopen a 2,793 square foot market
(formerly known as the Hi Ho Market) and deli with an ABC Type 20 (Off -Sale,
Beer and Wine) license, on property zoned DDSP (Downtown Downey
Specific Plan).
Chairman Kiefer opened the public hearing for PLN -10 -8155. Ms. Donahue affirmed proof of publication.
Chairman Kiefer asked staff to present their report. Community Development Director Saeki stated David
Blumenthal would be presenting staff's report.
Senior Planner Blumenthal addressed the Commission, providing staff's report and accompanying
PowerPoint exhibit. He stated staff had been able to make the required findings to support this
Conditional Use Permit for a request to permit a Type 20, Off -Sale, Beer and Wine sales at a closed
market/deli (formerly named Hi -Ho Market) in Downey's Downtown Specific Plan area, reopening the store
and deli in the name of Hall of Fame Market and Deli. Mr. Blumenthal pointed out the changes staff is
recommending to the existing building's elevation and landscaping. He also pointed out one correction to
the wording of Condition number 23, replacing "all" with "any ". Responding to an inquiry from
Commissioner Murray, he stated that staff would like to maintain Condition number 24, requiring the
maintenance of the public right of way hardscape areas, as a preventive measure. He also stated that
the condition of the parking lot is adequate. If any repairs are required to the parking lot, the City would
address those on an as- needed basis, with the property owner.
PLANNING COMMISSION MINUTES, MARCH 2, 2011 — PAGE 2
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Commissioner Murray stated a concern from past experience, that school -age children might hang out
around the store during school hours.
Mr. Blumenthal stated that discussions had been held between staff and legal counsel regarding this
concern. It was felt that Condition No. 14 stating no loitering would be allowed on or in front of these
premises, together with the City's curfew, was adequate to address any problems that might arise.
Applicant Mark Johnson, 10846 Downey Avenue, 90241, addressed the Commission. He shared how he
and his business partner, Gary Kostrivas, chose this location out of 200 that were under consideration, in
order to further their grocery store business. He stated they had approached the church with their
proposal, which included the sale of alcohol. The owners, Greek Orthodox Church, then presented it to
their Board of Directors. In this manner, they had received the approval of the property owner. He also
noted that grade school children do play on the church - school playground, but he did not anticipate this
being a problem to the store.
Chairman Kiefer asked Mr. Johnson what type of deli they were planning?
Mr. Johnson described the store and deli operation, noting that they would be carrying basic sandwiches
and salads. He stated they agreed to all recommended conditions of approval.
Chairman Kiefer asked staff for any correspondence that might have been received. Mr. Blumenthal
responded that no correspondence had been received.
Chairman Kiefer invited members of the audience to address the Commission on this matter. No one
came forward at this time.
Chairman Kiefer closed the public hearing.
Plannina Commission comments:
The Commissioners noted that this was the type of increased business opportunities that had envisioned
with the DDSP, increasing the foot traffic in the Downtown. They commented that they were glad that the
owners would be present on site and that the facade improvements would add to the beauty of the
downtown. Commissioner Murray thanked the applicants for choosing Downey to grow their business.
It was moved by Commissioner Murray, seconded by Commissioner Morales, and passed by a 5 -0 vote
to adopt Resolution No. 11 -2699, approving PLN -10 -08155 (Conditional Use Permit.)
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. PLN -10 -08161 (CONDITIONAL USE PERMIT)
Location:
Owner /Applicant:
Authorized Agent:
Staff:
CEQA:
Request:
12130 Paramount Boulevard
AltaMed
Castulo De La Rocha
William Davis
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).
A request to modify the conditions of approval of Conditional Use Permit No.
08 -62, thereby increasing the number of participants at an adult day care facility
(AltaMed) from 127 to 160, on property zoned C -2 (General Commercial).
Chairman Kiefer opened the public hearing for PLN -10- 08161. Ms. Donahue affirmed proof of
publication.
PLANNING COMMISSION MINUTES, MARCH 2, 2011 — PAGE 3
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William Davis, City Planner, presented staff's report and accompanying PowerPoint, noting staff's
recommendation is for approval. He clarified the requested expansion would allow for a total of up to
200 person at the site, including employees. He noted that he had heard from the adjacent resident
southeast of the subject site and he'd like to address concerns, as well. In indicated, via the PowerPoint
slides, where the facility parked its transportation vans along Paramount Boulevard during the day, while
another slide showed a smaller vehicle parked near to the southeasterly driveway entry. Mr. Davis
provided a description of the program and its hours of operation to the Commission, noting that in addition
to requesting an increase in allowable participants in the program from 107 to 160, the applicant is
requesting to double the number of employees from 20 to 40, bring the total potential persons on site to
200.
City Planner William Davis stated that staff's concern had been in regards to sufficiency of parking.
However, having evaluated the requirements of the code, it has been determined the existing 47 spaces
are adequate to serve the added numbers. Mr. Davis also stated in regards to concerns from neighbors of
violations on the property, there have been no violations or complaints in the last three (3) years. He
noted that Mr. Davila had previously complained about vans parking along his property line. In response
to this concern, Mr. Davis has revised Condition No. 5 to clearly state where the transportation vans may
park their vehicles during operating hours, stating "may park on the southerly area of the premises during
business hours only."
Mr. Davis stated staff's recommendation is for approval with the Conditions as presented. He reviewed
the modified language for Condition No. 9 clarifying the total number of participants to be a maximum of
160, with a maximum number of employees of 40, and required 40 parking spaces must remain available
on site with the total maximum number of persons on -site limited to 200. He also reviewed Public Works
Conditions No. 13 & 14 explaining that while they may appear to be not applicable at this time, he would
like to maintain them.
Chairman Kiefer asked Mr. Davis to clarify if all the residents shown on the vicinity map along Albia, had
been sent noticed of the public hearing. Mr. Davis affirmed that all properties within 500 -feet of the
property's perimeters were sent notices.
Commissioner Morales asked staff what means they would employ to ensure enrollment numbers were
not violated.
Mr. Davis responded, noting that ordinarily the City accepts the applicants' word, unless a complaint is
lodged or a situation arises which would warrant an investigation.
City Attorney, Yvette Abich Garcia, contributed a couple of suggestions to monitor the enrollment, to
include the applicant providing a quarterly report, and /or to allow the city to enter the facility to monitor
their records and on -site counts. Other suggestions were contributed by the Commissioners, such as
requiring numbered parking stickers for employee vehicles.
Mr. Davis stated that the applicant, Angela Roberts, was present in the audience.
Angela Roberts, V.P and CIO of Alta Med, 500 Citadel Dr., Los Angeles, Ca. 90040, addressed the
Commission. She stated that the program is closely monitored by the State's Title 22 guidelines; that part
of the state's requirement is to abide by the City's conditions of approval for the Conditional Use Permit, a
copy of which must be provided to the Department of Aging. She also provided an outline of hours of
operation, (9:30 to 2:00), Monday thru Friday, and stated that most participants attend the facility's
activities two or three days a week. She explained that the majority of their adult participants are brought
to the facility by the company vans, therefore, most of the parking remains available.
Chairman Kiefer inquired into the current participation numbers.
PLANNING COMMISSION MINUTES, MARCH 2, 2011 — PAGE 4
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Ms. Roberts responded that under the current approval, enrollment is limited to 127 person with 25
employees, and they usually have 75 -80 participants daily.
Commissioner Murray inquired if Ms. Roberts was receiving complaints from the neighbors.
Ms. Roberts noted that she'd heard from one neighbor regarding the location of the parked vans. She
also shared that the vehicles are necessary since many of the seniors are disabled or unable to drive.
She explained that the participants are assessed using a formula called Daily Living Deficiencies, noting
that some of the participants whom are not seniors, qualify through this qualification process.
Chairman Kiefer asked Ms. Roberts if she had read and agreed to the recommended conditions of
approval. Ms. Roberts stated that she had reviewed the conditions and acknowledged her acceptance,
thereof.
Chairman Kiefer asked staff for any correspondence received on this item. Mr. Davis noted that the only
correspondence received was from Ms. Roberts, whereby she provided more details of the requested
program expansion.
Chairman Kiefer invited comments from the public.
Bob Davila, addressed the Commission, sharing the following information: 1) He first appeared before
the Commission in 2008, where he had provided detailed information regarding the problems he was
having with the business. He noted that the minutes for that meeting had not reflected all his comments.
He provided to the Commission a petition signed by neighbors, accompanied with photos, opposing the
requested expansion. The Commission took a 10 minute recess to review the documents.
Mr. Davila continued his testimony, stating the following concerns: 1) Trash from the site is blowing over
into his yard; 2) The amount of bus and van traffic will increase; in addition they maneuver these vehicles
to turn around in the parking lot in order to come back out onto Albia; 3) He provided pictures of damaged
wall, but admitted that the hole in the wall was actually there prior to the Alta -Med moved in. However, his
concern is that there are no barriers to prevent this from happening. 4) Weeds are creating a poor
condition in the parking lot and the flower beds; 5) Leaking water from the A/C is creating a place for
mosquitoes to breed, and algae. He described the business as "bad neighbors ". He stated that the
vibration from the buses is causing damage to the wall. However, Mr. Davila said inside the building is
immaculate; that the Health Dept would rate them grade "A ".
Chairman Kiefer asked if the buses have continued to park near his property line since the last meeting.
Mr. Davila agreed that they do not park along his wall any longer; that Mr. Davis had taken care of that.
However, he said that Mr. Davis had stated (at the previous public hearing) that the buses would not stay
on the property, and Mr. Davila said that this was not included in those minutes.
Chairman Kiefer read Mr. Davila's petition, which he said was signed by 24 residents, 20 of whom live on
Albia, into the record. "We the residents of the 8000 Block on Albia Street in the City of Downey hereby
protest the request to modify the conditions of Conditional Use Permit No. 08 -62 to increase the number of
participants at the adult day care facility (ALTAMED) from 127 to 160 Property zoned C -2. Following
Reasons: Albia St. is a cul -de -sac whose only entrance and exit is Paramount where ALTAMED is
located. ALTAMED Vans, ALTAMED Buses and Participants vehicles all enter through Albia Street in
order to enter the facility and are sometimes parked on Albia Street causing traffic congestion which
creates an unsafe condition for anyone trying to exit to Paramount. ALTAMED buses remain parked in
parking lot and will stop in the middle of thruway blocking through traffic. ALTAMED Vans, ALTAMED
buses and Participants vehicles are also being parked down Albia St. when the parking lot is full which
creates a blind intersection when entering from Paramount Boulevard and existing Albia onto Paramount."
PLANNING COMMISSION MINUTES, MARCH 2, 2011 — PAGE 5
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(Continuing the statement read into the record from Mr. Davila):
"ALTAMED staff have been seeing countless times walking with groups of senior patients in the middle of
Albia Street as part of their rehabilitation, this also poses an unsafe condition for both residents trying to
enter and exist their driveways and for the pedestrians walking in the street. any increase in the number
of Participants means more ALTAMED transportation vehicles, which will cause more traffic problems.
Increase Participants means more Senior Patients walking down the middle of Albia Street causing an
unsafe condition. We do not want to have an incident on our street and if the number of participants
increases so will the likelihood of a serious incident on our street."
There were no others in the audience wishing to address the Commission on this item.
Chairman Kiefer asked the Commission, in light of the information received, if they thought a continuance
was in order for this matter.
Ms. Roberts asked to speak to the issues addressed. She was invited to address the Commission again,
in rebuttal.
Ms. Angela Roberts wished to put the issues into context. She stated that when they first applied for their
business at this location, Mr. Davila had stated that AltaMed was responsible for the damage (hole) in the
wall; however, following an investigation it had been determined that the hole was there before they
moved in. But that came after having been adamantly accused. She added that this issue had been
resolved. To the issues and pictures that had been provided of weeds and overflowing trash, she
exclaimed that she would immediately resolve those problems. She noted that Stericycle is their collector
of hazardous waste and she will see if they can provide addition pick -ups. She stated that she would also
address the stacking of vehicles: re- orienting how they pull in. Ms. Roberts affirmed that they do keep the
facility in tip -top order.
City Attorney, Ms. Garcia, stated that the Stericycle service is required for facilities with hazardous waste,
and perhaps Stericycle could ease the congestion by parking on the street, along Paramount Boulevard.
Chairman Kiefer closed the public hearing.
Mr. Davila attempted to address another matter, but Chairman Kiefer pointed out that the hearing had
been closed to public comment.
Commission comments:
The Commissioners addressed the information provided and determined that they should continue the
hearing to provide time to investigate the complaints of Mr. Davila and to allow the applicant time to
respond fully to all the information provided and to allow staff to evaluate and perhaps recommend some
conditions to mitigate the problems.
Community Development Director Saeki established that if the matter is continued with the public hearing
closed, that it may be re- opened for additional testimony.
It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a vote of 5 -0
to continue the public hearing for PLN -10 -08161 to April 6, 2011.
Chairman Kiefer suggested to Mr. Davila that he continue to monitor the activities and his concerns at the
site and that the matter has been continued to April 6, 2011.
PLANNING COMMISSION MINUTES, MARCH 2, 2011 — PAGE 6
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4. PLN -11 -00019 (CONDITIONAL USE PERMIT)
Location: 9246 Hall Road
Owner /Applicant: Russell Pha
Authorized Agent: Same
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 Conditional Use Permit to allow metal product fabricating, within
200 -feet of a residential zone, on property zoned M -2 (General Manufacturing).
Chairman Kiefer opened the public hearing for PLN -11 -00019 (Conditional Use Permit). Ms. Donahue
affirmed proof of publication of public hearing.
William Davis, City Planner, presented staff's report, indicating staff was able to support the applicant's
requested Conditional Use Permit to establish a metal fabrication business to manufacture engine parts
for automobiles in the racing industry, by utilizing state -of- the -art CNC milling and lathing machines.
He noted that the property under question is on the east side of the parcel, and not one of the units that
face the residential properties to the west of the property. In addition, decibel readings at the facility's
door will not exceed that permitted by code (Condition No. 7).
Russell Pha, applicant, 9246 Hall Road addressed the Commission, describing this venture to be the
fulfillment of his dream to move into beautiful Downey, closer to his customer, Mr. Don Hampton. He
noted that this unit was the first of the 50 industrial condos to have been sold.
Chairman Kiefer inquired if there was any correspondence received in regards to this matter. Mr. Davis
responded that no correspondence had been received.
Chairman Kiefer then invited members of the audience to address the Commission on this matter.
Frank Killman, property owner of the apartments at 11722 and 24 Coldbrook Avenue, immediately west of
the project under discussion, He stated that although he is not objecting to this request, he did want to go
on record with concerns relating to the activities going on in the parking lot/s on the west side of the
parcel, including lots of truck traffic, and truck vibrations, trucks that are left running for 30 -40 minutes, and
with winds blowing the exhaust their direction at times, they are impacted, and vibrations from pallets
being dropped, to name a few. He asked that these issues be addressed since these problems contribute
to complaints from his tenants, some of whom are medical professionals who work at night and need to
sleep during the day. He stated that the property manager of the manufacturing business (General
Dynamics) that had been at this site previously was very good about addressing these concerns, turning
off their motors, turning off their back -up beeping for fork -lifts, and the like.
Community Development Director Saeki stated that staff would check with the operators of the businesses
and inform them of the problems, as a separate matter. Mr. Davis received the information from Mr.
Killman.
Commission comments:
The Commissioners expressed their support of the request. Commissioner Murray stated that he is very
happy to support this project, noting this is exactly the type of use for which the units were intended, and
welcomed Mr. Pha to the City of Downey. He wished him 50 years of success at this location and
commented that he was aware of Mr. Hampton's success in Downey. Commissioner Morales stated his
support, and was glad that Mr. Killman provided his concerns regarding the problems that are occurring on
the west side of the project site. Commissioner Lujan stated that he is happy to support a family owned
business which is important for Downey. Chairman Kiefer agreed with staff's recommendation and the
findings made to support the Conditional Use Permit.
PLANNING COMMISSION MINUTES, MARCH 2, 2011 — PAGE 7
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It was moved by Commissioner Morales, seconded by Commissioner Lujan, and passed by a 5 -0 vote, to
adopt Resolution No.11 -2701, approving the Conditional Use Permit.
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: The Commissioners and Community Development Director Saeki
addressed numerous potential development sites within the City, including: the former Beach's Market,
Von's Market and Alin Party Supply, Ford Dealership, World of Decor and Sambi's. Mr. Saeki noted that
several of these sites are being promoted through the City's website as economic opportunities.
Commissioner Murray noted that Chamber of Commerce representatives and City dignitaries had been
given a tour of the Downey and Warren High Schools' recent improvements, which include a culinary arts
and cafe facility at Warren High School which had been built with the aid of a million dollar grant, and
technical, architectural and construction departments developed at Downey High School. He stated that
both schools new improvements had greatly impressed him. Commissioner Murray also provided a
positive report of increased auto sales as an indicator of a rebounding economy.
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 8:30 p.m., to March 16, 2011 at 6:30 p.m. at Downey City Hall, 11111
Brookshire Avenue, Downey, Ca.
APPROVED AND ADOPTED this 16th 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 16th day of March, 2011, by the following vote:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONER: Murray
NOES: COMMISSIONERS:
H: \PLANNING \PC Minutes - 2011 \Mar 2, 2011 - Minutes.doc
Theresa Donahue, Secretary
CITY PLANNING COMMISSION
PLANNING COMMISSION MINUTES, MARCH 2, 2011 — PAGE 8