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HomeMy WebLinkAbout01-March 2, 2011 Minutes 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. COMMISSIONERS PRESENT: II.Ernie Garcia, District 4 LouisMorales,District3 Michael Murray, District 1, Vice-Chairman Hector Lujan, District 5 Robert Kiefer, District 2, Chairman ALSO PRESENT: Brian Saeki, Community Development Director Yvette M. Abich Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Jessica Flores, Associate Planner TheresaDonahue,Secretary MINUTES: III.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. AGENDA CHANGES: IV.CommunityDevelopment 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”. REPORT ON CITY COUNCIL ACTION: V.Mr. Saeki noted there were no Planning-related items to report from the February 22nd City Council meeting. CONSENTCALENDAR ITEMS: VI. Chairman Kiefer noted there were no Consent Calendar Items on this agenda. PUBLICHEARING ITEMS: VII. CONDITIONAL USE PERMITNo. 09-03 1. Location:11416OldRiverSchoolRoad Owner/Applicant:Livingston Trust, c/o Duane Alstrom AuthorizedAgent:EricLee Staff:JessicaFlores 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. PLANNINGCOMMISSIONMINUTES, 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 the current Code requires; 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 Commissioners Morales, Murray and Chairman 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. PLN-10-08155 (CONDITIONAL USE PERMIT) 2. 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 Page 3 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 staff and legal counsel held discussions 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 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. Planning 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 façade 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. PLN-10-08161 (CONDITIONAL USE PERMIT) 3. Location: 12130 Paramount Boulevard Owner/Applicant: AltaMed Authorized Agent: Castulo De La Rocha 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 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 Page 4 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 persons at the site, including employees. Mr. Davis noted that he had heard from the adjacent resident southeast of the subject site who wants to express his concerns. Mr. Davis 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 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, bringing the total potential persons on site to 200. Mr. Davis stated that staff was concerned about the amount of off-street parking the proposed activity would generate. However, having evaluated the requirements of the Code, staff determined the existing 47 spaces are adequate to serve the additional participants. Mr. Davis also stated that there have been no violations or complaints in the last three (3) years, other than Mr. Bob Davila who lives next door. 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 state clearly where the transportation vans may park 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. 1 clarifying the total number of participants to be a maximum of 160, with a maximum number of employees of 40, and requires not less than 40 parking spaces must remain available on-site with the total maximum number of persons on-site limited to 200. Chairman Kiefer asked Mr. Davis to clarify if all the residents shown on the vicinity map along Albia had been sent notices 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, Vice President and Chief Information Officer of AltaMed, 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 that they 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 Page 5 Ms. Roberts responded that under the current approval, enrollment is limited to 127 persons 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 a damaged wall, but admitted that the hole in the wall was actually there prior to the AltaMed move 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. He read: “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 ReasonsAlbia 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 Page 6 (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 other persons 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 Page 7 PLN-11-00019 (CONDITIONAL USE PERMIT) 4. 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. Mr. Russell Pha uses state-of- the-art CNC milling and lathing machines to manufacture engine parts for automobiles in the racing industry. 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 11724 Coldbrook Avenue, immediately west of the project under discussion addressed the Commissioners. Mr. Killman stated that although he is not objecting to this request; however, 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. Those activities include lots of truck traffic and truck vibrations, trucks that are left running for 30-40 minutes, exhaust fumes and vibrations from pallets being dropped. 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 Page 8 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. ORAL COMMUNICATIONS VIII.: 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, The Downey Ford Dealership, World of Décor 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 café 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. OTHER BUSINESS: IX. No other business was addressed. ITEMS FOR FUTURE AGENDA: X. No future agenda items were discussed. ADJOURNMENT: XI. 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 6thday of April, 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 6th day of April, 2011, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONER: NOES: COMMISSIONERS: Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\PLANNING\PC Minutes-2011\Mar 2, 2011-Minutes.doc PLANNING COMMISSION MINUTES, MARCH 2, 2011 – PAGE 8