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HomeMy WebLinkAbout01- Apr 6, 2011 Minutes MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, APRIL 6, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held April 6, 2011. After the Pldege of Allegiance the Flag, roll was called at 6:32 p.m. COMMISSIONERS PRESENT: II.Michael Murray, District 1, Vice-Chairman Hector Lujan, District 5 Ernie Garcia, District 4 Louis Morales, District 3 Robert Kiefer, District 2, Chairman ALSO PRESENT: Brian Saeki, Community Development Director Yvette M. Abich Garcia, City Attorney William Davis, City Planner Jessica Flores, Associate Planner Kevin Nguyen, Assistant Planner Narineh Shahinian, Planning Intern Theresa Donahue, Secretary MINUTES: III. Prior to the Commissioners review and approval of the Minutes of March 2, 2011, Chairman Kiefer asked if there was anybody in the audience who wished to make a statement in regards to the Minutes. (Previously, staff received correspondence from Mr. Robert Davila indicating his comments had not been properly recorded.) Chairman Kiefer invited Mr. Davila to address the Commission. Mr. Robert Davila, 8024 Albia Street, Downey addressed the Planning Commission with the following. He stated that he had attended the meeting of March 2, 2011, during which time he addressed the Commission making his concerns known, regarding the Minutes of May 21, 2008; however, that statement had not been recorded. Therefore, he would like to read into the record his nd concerns, as stated at the March 2 meeting. Mr. Davila read this statement: “Dated March 28, 2011, to the City of Downey Planning Commission, 11111 Brookshire Avenue, P.O. Box 7016, Downey, Ca. 90241 Subject, Wednesday, March 2, 2011, 6:30 p.m., Downey City Planning Commission, Minutes Regular Meeting. Dear Chairman and Commission members: I have reviewed the Minutes that were submitted to the Planning Commission for approval at the April 6, 2011 Regular Planning Commission meeting. I was present at March 2, 2011 meeting and stated my concerns on the Conditional Use Permit No. 08-62. The statements that I had stated at that meeting did not reflect in the Minutes for approval, they were only highlighted. My statements stated on March 2, 2011 were, “Mr. Davis stated at that May 21, 2008 meeting that transportation vehicles were to transport adults to the facility, dropped off and then leave. The transportation vehicles would not park at that facility. Mr. Davis said to me, in his office, that this statement was not reflected in the Minutes of that meeting. I believe Commissioner Murray stated he heard that statement made. This statement was not reflected in the Minutes of March 2, 2011 meeting. I hereby request that the Minutes reflect the true statement as recorded, and not merely highlighted.” nd Chairman Kiefer asked for clarification. Was Mr. Davila asking that the Minutes for March 2 reflect what was said at a meeting on May 21, 2008? Mr. Davila responded, “No”, but he said the (2008) Minutes did not reflect what had been said, and since the recordings are not available, he wants the record to reflect the statements, restating that Commissioner Murray had stated that he also heard that statement. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 1 Page 2 Chairman Kiefer stated that he remembered they had discussed those comments and remembered that they had decided that the statement was clarified to mean that no vehicles would be parked there (on-site) overnight. Mr. Davila responded, noting this is why the matter is of consequence, that Mr. Davis had authorized the vehicles to park on site, and later had required them to be parked on the south-forward side of the property after he (Mr. Davila) had complained that they were parking next to his property; while Mr. Davila’s understanding was that the vehicles would not be allowed to park on-site. He (Mr. Davis) then authorized the vehicles to park on the other portion of the lot, without getting the direction of the Commission. City Attorney, Yvette Garcia interjected, stating that Mr. Davila was now getting into the merits of the case, Public Hearing Item #2. She noted that the consideration before the Commission is whether to allow Mr. Davila’s comments to be included in the March 2, 2011 Minutes. Clarifying further, Ms. Garcia stated that the Minutes are not verbatim transcripts of the hearing; they are summary, a general highlight of what was said, the nature of all the statements that are made. She stated that it was up to the Commission if they wanted to include his statement as Mr. Davila proposed. She cautioned the Commission that anything that would be included must be an accurate reflection of what was stated at that hearing. She noted that Staff may have a comment to add for the benefit of the Commission. Community Development Director Saeki stated that staff concurs with the statement of the City Attorney, that Minutes are not verbatim, and staff would recommend the Minutes be considered as provided. He noted that there were no inaccuracies or misstatements in the Minutes, which would be a different issue. He added that the Minutes do highlight the issues, but not every comment can be recorded. City Attorney Garcia noted that Mr. Davila may also present his comments during the Public Hearing for this item (#2), and allow these comments in the administrative record this way. Chairman Kiefer asked the Commissioners for their comments. Commissioner Murray stated that he concurred with the direction of the City Attorney; would recommend moving forward, and allow him (Mr. Davila) to come up during the public hearing. Chairman Kiefer agreed, noting that it would be extremely time consuming to prepare all minutes verbatim, adding that the Commission would hear Mr. Davila’s comments during the public hearing. It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a unanimous vote of the Commission, to approve the Minutes for March 2, 2011 as presented. It was moved by Commissioner Lujan, seconded by Commissioner Garcia and passed by a vote of 3- 0-2, with Commissioners Murray and Morales abstaining, to approve the Minutes of March 16, 2011, as presented. AGENDA CHANGES: IV. Community Development Director Saeki stated there were no changes to the Agenda. REPORT ON CITY COUNCIL ACTION: V. Mr. Saeki stated there were no Planning-related actions to report from the March 22, 2011 City Council meeting. CONSENT CALENDAR ITEMS: VI. There were no Consent Calendar items on this agenda. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 2 Page 3 PUBLIC HEARING ITEMS: VII. CONDITIONAL USE PERMIT No. 08-29 1. (Continued from January 19, 2011) Location: 10924 Paramount Boulevard Owner/Applicant: Ricardo M. Vazquez/Carico Investments, LLC Authorized Agent: Walter Vazquez 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 six month review for an existing restaurant (Downey Brewing Company) with alcohol sales (Type 75, On-Sale General, Brewpub) and live entertainment, on property zoned C-3 (Central Business District). Chairman Kiefer opened the continued public hearing. Ms. Donahue affirmed proof of publication. William Davis, City Planner, presented staff’s report, noting that this item was continued from January 19, 2011, in order to provide additional time for the applicant to meet the required conditions of approval. Mr. Davis stated that the applicant had satisfactorily completed the outstanding requirements, which involved: 1) complete the legalization of the patio; 2) install self-latching gates that swing outward, with panic hardware; 3) install an emergency exit sign; 4) construct the trash enclosure. Mr. Davis stated that all these outstanding conditions had been completed, to the satisfaction of the various City Departments. Mr. Davis stated staff’s recommendation to the Commission is to “Receive and File” the report. Commissioner Murray commented that the business’ appearance was much improved, and wished the operators continued success. Sergio Vazquez, 10023 Chatzee, Whittier, Ca. 90607 addressed the Commission. He thanked the Commission for their patience and understanding in allowing them the additional time to complete these requirements, adding they are happy to say they have complied with all the City’s requirements. Mr. Vazquez noted that he had another issue he wished to discuss in regards to modifying their existing conditional use permit to change the alcohol license from a Type 75, which permits Brew Pub, to Type 47, which allows the sale of beer and wine, or Type 78, which would permit the brewing of beer, as well as the sale of beer, wine and hard alcohol. He stated that it was his understanding that the City Planner would be able to approve this modification, and stated that their time is limited for getting the City’s approval, since the Alcohol Beverage Control department is allowing them 90 days from the date they filed their application. Community Development Director Saeki stated that this request has not been placed on the agenda, and therefore it would not be something that the Commission could act on. He clarified that minor modifications, which can be approved by the City Planner do not include this type of request, which does require a public hearing. Therefore this particular request would have to come back to the Commission for their consideration. City Attorney Garcia concurred with Mr. Saeki’s determination. Chairman Kiefer asked for clarification of the applicant’s request. Mr. Davis explained that the applicant’s current conditional use permit is a Type 75 license, while the applicant would like a Type 47, which would permit the sale of off-site consumption as well as on-site consumption. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 3 Page 4 Chairman Kiefer asked staff for any correspondence. Mr. Davis responded, noting no correspondence had been received on this hearing item. Chairman Kiefer invited members of the audience to address the Commission on this matter. There were no persons in the audience wishing to address the Commission at this time. There being no further comments, Chairman Kiefer closed the public hearing. It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a unanimous vote to Receive and File the report. PLN-10-08161 (CONDITIONAL USE PERMIT) 2. (Continued from March 2, 2011) 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 proper notice, having been continued to a date certain, from the March 2, 2011 Planning Commission meeting. William Davis, City Planner, presented staff’s report and its accompanying PowerPoint to the Commission, reminding the Commission that their action on March 2, 2011 was to continue the hearing in order to provide additional time for the applicants to research the property maintenance and safety concerns that had been raised by the neighbors, as well as to provide for any additional comments from the neighbors. Mr. Davis stated that he has visited the site numerous times since the hearing to chart the progress, if any, of the applicants’ maintenance of the site. Providing pictures of the site as part of his PowerPoint presentation, Mr. Davis pointed out photographs taken during the course of the last few weeks. He pointed out that on his second visit, of the eight visits, the trash had appeared to overflow, but on all other days it was fine. He pointed out that his investigations showed only one (1) van parked on the lot, nor any impact to the street; that there is a slight water run-off from a drain along the side of the building, which ran onto the sidewalk. Other observations that he’d made: 1) no overflow of vehicles in the lot; 2) the weeds have been cleared and maintained; 3) no concerns regarding pedestrians. In regards to correspondence, Mr. Davis noted that correspondence had been received from AltaMed, to include: 1) a letter of support from a neighboring business to the north, the operator of a child care facility;2) an affidavit from a person who was detained while attempting to enter the property “by a white haired gentleman”, whom he assumed would be Mr. Davila, of whom this man had indicated concerns of his ability to enter the site and pictures being taken of him; 3) and a point-by-point response from AltaMed in regards to comments from the last meeting; and 4) a package of letters in support of the expansion, which Ms. Donahue distributed to the Commissioners at this time. Mr. Davis added that Mr. Davila had not received a copy of the correspondence, since it was just received this afternoon. Mr. Davis stated staff’s recommendation is to approve the requested expansion and to modify the conditions of approval, accordingly, increasing the number of participants permitted (to be increased to 200, which includes 40 employees). In addition, Mr. Davis pointed out a condition that had been included previously, which limits the parking area for the transportation vehicles and states no vehicles are to be stored on the facility after business hours (Condition #5). PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 4 Page 5 Mr. Davis noted that Mr. Davila provided correspondence from himself and neighbors of the site. Ms. Donahue distributed the correspondence to the Commissioners. Chairman Kiefer inquired how the approval was originally set at 127 participants. Mr. Davis responded that the original request was 127 because the applicants initially had asked for that number and the parking supported it. In addition, he noted that the City’s parking requirements have not changed during this time, going back as far as 2003 when the first approval had been gained. Mr. Davis also verified that the requested increase of permitted people on-site of 200 includes 40 employees. There being no further questions for Mr. Davis, Chairman Kiefer requested a 15 minutes recess, to allow the Commission to review the correspondence. Community Development Director Saeki stated that copies of the correspondence in support of the proposed expansion are also being distributed to the Commission at this time so they can review it all during the recess. In addition, he noted that when the Commission reconvenes, Ms. Roberts of AltaMed, will be able to answer the questions that have been raised. The Commission recessed at 7:10 p.m., reconvening at 7:26 p.m. Upon reconvening, Chairman Kiefer invited the applicant to address the Commission. Angela Roberts, representing AltaMed Corporation, 500 Citadel Dr.,Los Angeles, Ca. 90040, noted that her responses had been provided in the staff report, of which she highlighted as follows: 1) Exhibit 1 – Overflowing trash bins: they found that other people were using those bins to dump their trash. The remedy was to place locks on the bins and the gates, for which their custodian has access. 2) Exhibit 2 – Hole in the wall. She noted that this hole had been caused by previous tenant in 2008, prior to their occupancy; 3) Exhibit 3 – Weeds. The remedy was to instruct their gardener to check behind the parked cars and clear the weeds as they grow. 4) Exhibit 4 – Regarding queuing of vehicles; they have instructed their transportation company, Empire CEO, to instruct their drivers not to queue on Albia. 5) Ms. Roberts addressed the question of storing vehicles on site. She stated that their understanding of “not storing vans on-site”, meant not keeping them on-site overnight. She stated that transportation is integral part of their operation and for the well-being of their participants the vehicles must remain on-site, noting that in an emergency they would have to be moved immediately. She noted that after 1:30-2:00 the vans go back to Empire’s storage yard. Chairman Kiefer asked if there was a time when the majority of the participants arrived and left. Ms. Roberts explained that most arrive between 7:30 a.m. and 9:00 a.m. and leave between 11:30 p.m, and 1:00 p.m., however, they need to have transportation available should a participant need to leave at an unscheduled time, or in an emergency. Ms. Roberts stated that she thought they had an agreement with Mr. Davila that no vehicles would be parking along the wall to his property that they would park on the southerly side of the property (closest to Paramount Blvd.) 6) Regarding, Exhibit 6, Ms. Roberts stated that a notarized statement had been provided by the caregiver of one of the participant’s who had been approached by a man whom they believe to have been Mr. Davila while trying to enter the property from Albia, and was instructed (by the man believed to be Mr. Davila) that he could not enter the lot from Albia and was told to back out. She noted that the affidavit states that this man then took pictures as the vehicle backed out. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 5 Page 6 7) Exhibit 7 – Periodic pick ups and drop-offs: she noted that the bio-hazardous waste pick-up service that comes weekly has been instructed to park along Paramount Boulevard, and does not enter from Albia. 8) Regarding Exhibit 8 – walking along Albia Street. Ms. Roberts invited the program director, Maria Anaya to come forward and address the Commission while explaining that the facility is required to run earthquake drills, and perhaps that is what the residents had seen. Ms. Roberts stated at no time would participants be allowed to walk in the streets of Albia Street. Ms. Roberts informed the Commission that participants of the program who live in Downey had accompanied her this evening. Although they are pretty tired, they were willing to testify to the value of the program. Commissioner Murray asked the program director if they held special events at the site. Ms. Anaya responded that the only event they have had was to hosted the Downey Chamber during the 1 year and 4 months she has been there. Ms. Roberts also explained that when AltaMed took the program over from Downey Regional Center, the approved number of participants was 127. AltaMed was able to start with the approved number, since it takes time to get the program up and running, with the plan to increase the numbers later. She stated they have been at this location since May, 2008. She stated that when they approached the City with the request for the additional participants, the City informed them that they had sufficient parking for the expansion. Commissioner Murray said he had passed by the property a couple of times and there always seems to be plenty of parking. Chairman Kiefer inquired of Ms. Anaya what percentages of the participants are picked up by the transportation compared to those that are dropped off by family members. Ms. Anaya responded that about 95% of the participants are brought in by vans. She also noted that approximately 20 persons visit the facility each month, to assess whether it would fit their family’s needs. Commissioner Lujan inquired if the family members who drop off participants stay for a time. Ms. Anaya responded, they cannot enter the facility because they are not cleared to do so (requires TB screening), they can only go as far as the lobby; no family members actually stay and wait. Ms. Roberts asked the Commission if they had reviewed the correspondence in support from various entities, a Councilman and a State Senator. Chairman Kiefer noted they had received and reviewed all correspondence in support and in opposition. Commissioner Murray asked for a show of hands in support (about 13 people raised their hands). And Commissioner Murray noted that it would not be necessary that all persons speak, that one or two may speak for many, in the interest of moving the meeting along. Chairman Kiefer then invited members of the public to address the Commission. The following persons wished to speak in support: 1. Juan Hortua, 7221 Fontana Street, Downey. Mr. Horta stated that his mother is a participant in the program and they are happy because they are able to go to work. He affirmed that they are not able to go inside the building. He also affirmed that the parking lot is always available. He stated that they are from Columbia and his mother is very happy here. But mainly he wants to say that they are very happy with the program. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 6 Page 7 2. (Speaking in Spanish, with a translator), Oneida Daniel, 10909-1/2 Paramount Blvd., provided a brief summary explaining the benefits of the program at AltaMed. She came from Cuba many years ago, and she experienced depression for many years until a friend told her about the center. She has attended for many years and when the Downey facility opened she immediately transferred. The program allows her family to be able to work, knowing she is well-provided. She recommends these centers be made available for others. Chairman Kiefer stated that he did not think anybody disputed the benefits of the program and he thanked those who came to speak in support for being present. Chairman Kiefer then invited the public to address the Commission, in opposition. Wishing to address the Commission: 1. Bob Davila, 8024 Albia Street, addressed the Commission with the following: 1) The past tenants at this location have been Southeast News, California Care, Downey Community Hospital and Downey Regional Medical Hospital. He stated that they have had numerous problems over the past several years with traffic. He is not in opposition to this company. He thinks they are wonderful and they do a wonderful job. He said is sympathetic of the needs of the people who attend. 2) Said he was not notified of the hearing of 6/4/2003 (CUP 03-27), nor were any persons in the 8000 block of Albia. 3) Regarding the public hearing of 5/21/2008 (PLN-10-08161 CUP 08-62), increasing the participants from 127 to 160, he said he was present at this hearing and expressed his concerns and those of the residents of the area. He stated that at this meeting Mr. Davis stated that transportation vehicles would be used to bring in participants, drop them off and then would leave the premises and not park at the facility. He stated that he then told Mr. Davis of this statement again in his office. Chairman Kiefer interjected that Mr. Davila has made this statement previously, and asked him to explain what the problem is in regards to this statement. Mr. Davila said the problem is that the approval will bring in 20 more employees, taking up 20 more spaces. Chairman Kiefer asked Mr. Davila if he was saying that his concern is that with the additional employees, there is not enough room to park the transportation vehicles (vans)? Mr. Davila stated that they have improved, but (providing exhibits of the parking lot) he said the parking lot is congested. Chairman Kiefer asked if there are any employee cars parking on Albia currently? Mr. Davila stated, no, never. His concern is with the future. He said he could care less about what is going on now, since he can live with these slight problems. His concern is that they will have to deal with problems like they have in the past, where they had to go to the Traffic Committee and have 1-hour parking signs posted, and red-curbs painted, along Paramount and Albia. He stated that he has no objections with this company, and he thinks they are doing a good job. Pointing to Condition #5, he noted that no restriction is placed on the number of transportation vehicles can park on-site. Chairman Kiefer noted that Mr. Davila’s letter also stated a concern with participants walking on Albia, and asked if that is still a problem? Mr. Davila said that this concern had been stated by another resident. He was not familiar with that one. His current concern would be: 1) drainage from the a/c along the building, for which he questioned if permits had been secured. Commissioner Murray asked if limiting the number of vans on property would help to alleviate Mr. Davila’s concerns, noting that a certain number of vans on the property seem to be necessary. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 7 Page 8 Mr. Davila responded that the morning is not the problem. The congestion is more about 11:30-1:00 when the pick-ups are occurring. He said he foresees problems on the property if the numbers are increased. He provided another exhibit of the vans parked in the lot. Chairman Kiefer inquired if there were any others in the audience to speak in opposition. Mr. Davila stated that no, his neighbors are mostly senior citizens and are not able to be get out. He stated this is why he empathises with these people; they need this program, but they do not have the parking for the expansion. He also stated that it was erroneous that he went on the lot to tell anyone where to park; however, he noted that he had gone on the property and talked to one of the employees there. Commissioner Murray noted that the vans seem to take up 2 spaces apiece, with three (3) vans that would be six (6) spaces. Commissioner Morales said he notices there were parking spaces that are marked “reserved”, and asked if those were for the vans? Ms. Anaya stated that they do reserve the six spaces for three vans, in order to assure those vans would not block circulation. She noted that they have five vans that transport and usually four stay on-site; and that the three vans take up six parking spaces. Ms. Anaya noted that to prepare for the expansion, they have talked to Empire about the increase and arranged to have additional support. In addition, responding to a question from Commission Murray, Ms. Anaya said it would be possible to reduce the number of vans on site to two or three, to meet the needs that might arise, and if not, they would be able to call the paramedics. Ms. Roberts also addressed the Commission, rebutting Mr. Davila’s comments about the a/c units installation being illegal, noting that as tenants they leased the building as-is and Downey Regional surely the building went through plan check at that time. She stated that they have not modified the building. Ms. Roberts stated that they also have conducted on-site traffic circulation surveys and they have photos that show there is more than enough room on-site for moving past the parked vans. Chairman Kiefer asked for staff’s recommendation. Mr. Davis stated staff’s recommendation is that the Commission approve the applicant’s request to allow the increase of participants at the facility to a total on-site of 200, and have prepared Resolution No. 11- 2700 to support this recommendation. There being no comments regarding staff’s recommendation, the public hearing was closed. Chairman Kiefer invited discussion from the Commission. Commissioner Morales noted that he believed the building is probably overbuilt for the site and had been intended for office use. He inquired what the parking requirements were for office vs. medical. Mr. Davis noted that general office requirements for office are 1 for every 300 sq. ft., while 1 for 250 for medical uses. Commissioner Morales continued, the building is built out and has been consistently used for similar uses. He noted that it is not possible to add parking. Referencing the red curb and 1-hour parking, he asked if the red curb is creating an imposition for the residents and asked if it would be best to remove the red curb. He noted that this is the first time AltaMed has requested an expansion. Most participants are expected and therefore they do not have unexpected people showing up; in other words the number of participants can be controlled. Another suggestion is to provide car pool spaces for employees. Commission Lujan stated that the City has indicated the number of parking spaces is sufficient for the use, PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 8 Page 9 and therefore he supports the expansion. Commissioner Garcia stated that since the parking has been determined to be adequate he had no issues. Commissioner Murray clarified that there is parking on both sides of the street on Albia, and the red curb is further down by the residences. He said he’d like to limit the number of transportation vehicles be limited to taking only 6 spaces, otherwise he can support it. Commissioner Morales addressed the water drain on the building, stating that he believed it was a down spout, rather than a water run-off from air conditioning unit. He noted that these were legally allowed in the past, but are installed differently today. City Attorney, Yvette Abich Garcia noted that staff could look into this, if it is the direction of the Commission. Commissioner Murray suggested changing Condition #5, to limit the number of transportation vans allowed on-site during the day, taking up no more than six (6) spaces. Discussion followed. The general consensus was that three vans would be sufficient to maintain on-site during operating hours. Chairman Kiefer stated that he lives in the area and drives by regularly. He stated that in considering all of the oral and written correspondence received, he is of the opinion that most of the problems associated with this facility have been rectified. Although he has had some concerns about the increase in traffic and potential burden that it could place on the streets, he believed AltaMed would take care of any issues that might arise. Commissioner Murray suggested a six (6) month review. Ms. Garcia suggested adding an additional condition, to bring this matter back in six months. Each of the Commissioners agreed to the six month review. Commissioner Morales commented that Ms. Roberts’ presentation had provided different remedies for each of the concerns raised by the neighbors and asked if adding these remedies into the conditions of approval would be beneficial. He also asked how to coordinate the number of vehicles that might stack and whether they should address the queuing of those transportation vehicles Community Development Director Saeki stated that he understood that, generally speaking, queuing is viewed as time that vehicles would be sitting in front of the building waiting for the participants, and agreed that wording be provided, and asked if the City Attorney wanted to suggested language to prevent this problem. City Attorney Garcia said she’d need some time to consider language to capture what the Commission intends. Commissioner Murray then suggested that they review these issues at the six month review and determine if additional direction was necessary. The Commissioners agreed that this would be a good way to proceed. It was moved by Commissioner Morales, seconded by Commissioner Lujan, and passed by a vote of 5-0, to adopt Resolution No. 11-2700, modifying Condition #5, to limit the number of transportation vans to three (3), and to bring the project back in six months for additional review. 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. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 9 Page 10 Chairman Kiefer thanked Ms. Roberts for working on these issues with the neighbors; and encouraged Mr. Davila to continue to monitor these issues. PLN-11-00015 (SITE PLAN REVIEW/CONDITIONAL USE PERMIT) 3. Location: 8530 Florence Avenue Owner/Applicant: Goodyear California Employees Authorized Agent: Dr. Elias Ayoub 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 requested Site Plan Review to allow the remodel of an existing office building to outpatient surgical and medical offices, by adding 965 sq. ft. on the first floor, and 5,030 sq. ft. on the second floor; and a Conditional Use Permit to allow attendant parking for property zoned C-P (Professional Office) and R1-5,000 (Single Family Residential). Chairman Kiefer opened the public hearing for PLN -11-00015. Ms. Donahue affirmed proof of publication. Associate Planner Jessica Flores presented staff’s report and accompanying PowerPoint. She distributed a revised Page 3 of staff’s report which had been inadvertently left out of the report. Ms. Flores provided a detailed description of the proposed building’s addition, which would be a contemporary design. She explained that the conditional use permit is required due to the applicant’s request to provide tandem parking spaces to meet the parking requirements. Ms. Flores stated that the Downey Municipal Code permits tandem parking with an attendant on-site. She also noted that the applicant has stated that the employees will park in those spaces. Chairman Kiefer asked to clarify attendant parking. Ms. Flores stated attendant parking is similar to valet parking. Commissioner Murray asked to have the trash enclosure pointed out. Ms. Flores showed the trash enclosure on the site plan. Commissioner Murray asked if the attendant would remain on-site during the hours of the future tenants. Ms. Flores replied that this language is not included, but it can be modified to include the attendant to stay until all businesses have closed. The Commissioners inquired about the future tenants’ businesses. Ms. Flores stated that the parking for the future tenants has been calculated at the most intense use, medical. Professional office uses require less parking. If the future tenants are not medical, then the applicant will be over-parked. She also clarified that 16 spaces are tandem (providing 32 spaces), while 9 spaces are not tandem, with three (3) of those being handicapped and one (1) a loading space. Commissioner Murray stated one positive aspect of the design, that there wouldn’t be a back up on Florence Avenue. Applicant’s representative, Sako Marcoosi, architect/principal of Alajajian-Maroosi Architects, Inc. addressed the Commission. He stated that the previous use of the building was a credit union, while they are offering outpatient medical services. He noted that the doctor’s business hours normally are 7 a.m. to 5 p.m. Clarifying the number of parking spaces, 11 spaces are not tandem. Of those three (3) are handicap accessible. He noted that the trash enclosure is the same location but is being modified to allow for recyclable materials. He provided a description of the materials being proposed for the addition. Commissioner Kiefer asked what the breakdown is for the surgery center and the other three tenants. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 10 Page 11 Mr. Marcoosi explained that the surgical center will be 3,600 square feet; while 1,200 square feet on the upper floor is for consulting, with the remainder 3,000 square feet for future medical offices, whether there will be one tenant or three. Commissioner Murray informed Mr. Marcoosi that they are discussing the need to have the attendant stay on-site until such time as all the businesses close. Mr. Marcoosi asked that his client also address this matter with the Commission. Dr. Eli Ayoub, applicant, 11480 Brookshire Avenue, Ste 303, Downey addressed the Commission, responding that he understood. He provided clarification regarding the layout: the plan provides surgery center downstairs, while upstairs there will be a consultation room and one for another tenant. He plans to retain 3,000 sq. ft. Dr. Ayoub explained that he’s been doing business in Downey for 29 years, and yet due to changes in health care they are being forced to send their patients to various surgery centers in Los Alamitos, Whittier and Paramount. He prefers keeping his patients in Downey. He stated that he averages 15 surgeries per week; operates three 1/2-days during the week from 7:30 a.m. to 1 p.m., with office hours from 2 p.m. to 5 p.m. Commissioner Murray told Dr. Ayoub that the design is very nice and he is glad that Dr. Ayoub is building this project along Florence Avenue. Chairman Kiefer asked for correspondence. Ms. Flores stated that no correspondence had been received on this item. Chairman Kiefer invited members of the public to address the Commission. Wishing to address the Commission: th 1. Jaeho Ko, 8551 11 Street, Downey along with his daughter Gewan Ko, 8319 Alameda Street, 90242. Mr. Ko stated that he is Korean and his daughter is here to help with his English. He stated that he has lived at this address for 23 years. He explained that his concern is in regards to the lack th of maintenance of the parkway along 11 Street. He, along with his daughter, described the past problems that they have had with the property being vacant for six months, with the homeless and young people hanging out in the parking lot. They explained that they share a wall with this property. He stated that there is a tall tree that is reaching the Edison wires, creating a problem situation. Jessica Flores, Associate Planner, explained that the area under discussion actually belongs to the th applicant, that it is a landscape property outside of the perimeter wall along 11 Street. Continuing with testimony, Mr. Ko said that they welcome the modification but they’d like to ask that the wall on their west side, which they share, be raised. Ms. Ko explained that when a prior neighboring building was changed from residential to medical, Mr. Yoshiki agreed to raising the wall. She hoped similar accommodations could be made in this case. Community Development Director Saeki cautioned the nexus of raising a wall, and noted that there are height limits for residential properties. Ms. Ko stated there is a concern regarding the trash enclosure location, being so close to their wall. Chairman Kiefer stated that he thought state codes dictated those plans. Ms. Flores agreed, and directed those questions to Mr. Marcoosi. Ms. Ko asked that a gate be provided to close off the parking lot at night. She re-stated that Mr. Ko is insistent that the wall be raised. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 11 Page 12 Ms. Flores explained that the Municipal Code limits the height of the wall in residential zones to no more than seven-feet. Ms. Ko noted that there is a grade difference between the properties. Ms. Flores explained that the height is measured from the applicant’s side of the wall. Their main concern is the height of the wall, and to provide privacy to their yard. She wished to express that they are happy that the property will be occupied. Also tree branches are hanging over onto their property. Mr. Sako Marcoosi addressed the Commission regarding these concerns, and provided the following: 1) Regarding the trash enclosure, he noted that medical waste is required to be stored inside the building until it is picked up by appropriate people who specialized in this field. 2) Regarding the walls, he said they are willing to raise the wall to the maximum height possible without requiring a variance. 3) Regarding privacy, Mr. Marcoosi pointed out that 50% of the neighboring property will be screened from view due to the stairway; stated that the windows are painted from inside for first three-feet and then shading devices every 18”, assuring that privacy will not be an issue. 4) He stated that they will introduce new vegetation along the wall, which will provide additional screening. He also noted that Edison will usually come trim trees where situations call for it. Ms. Flores said she would go out to the property and take a look at the location of the tree, and whether it is City or private. Mr. Davis also suggested considering conifer trees, or Italian Cypress to aid with screening. Dr. Ayoub addressed the issue of lack of maintenance and apologized to the neighbors, noting that he will be replacing his gardener, who he had thought was keeping the property maintained. th Haewon Ko, also lives with her father at 8551 11 Street. She noted that it wasn’t equitable that the code does not allow a wall to be raised due to residential zoning, yet this applicant is not restricted in his expansion even though they have residential adjacent. Community Development Director Saeki stated that six (6) feet is a typical height, and there is no nexus for the Planning Commission to require additional height to the wall. Ms. Ko responded, if the project does not support raising the wall height, is this a reason for them to oppose the project? Commissioner Murray suggested they allow the Commission to have their discussion, first. Commission discussion: Commissioner Murray stated that he is very supportive of the project. He is very happy that the applicant is improving the property and bringing this center to Downey. He asked to address the need for the attendant to stay until all businesses are closed. Ms. Garcia suggested modifying Condition #4, to add “of all uses on site”, to the end of the condition. Commissioner Morales said he has no issues with the project; believes it will be an improvement to the corridor, but he suggested that the City review the property in another six months. Community Development Director asked to clarify, are you asking for a review six months after certificate of occupancy? PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 12 Page 13 Commissioner Morales agreed. He asked that the review be scheduled six (6) months after the certificate of occupancy is issued. He said another option would be to put the onus on the other tenants, by saying they cannot operate their businesses unless an attendant is on site; but he accepted the language of the City Attorney. Commissioners Lujan and Garcia stated that the project would be a great addition to the City. It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a unanimous vote, to adopt Resolution No. 11-2705, amending condition #5 as addressed and to bring back for review in six (6) months. 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-11-00054 (SIGN) 4. Location: 193 Stonewood Street Owner/Applicant: Gary Ball & Macerich Hallums Authorized Agent: Jessica Jimenez 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 modify an existing Master Sign Program for the Stonewood Center to increase the allowable square footage of signs for Buffalo Wild Wings Restaurant, on property zoned 89-1 (Stonewood Specific Plan). Chairman Kiefer opened the public hearing for PLN-11-00054. Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff’s report and accompanying PowerPoint, showing the proposed signs as requested, modifying the existing Master Sign Program for the Stonewood Center, to allow for the additional 36+ sq. ft. of signage. Mr. Nguyen’s exhibits showed that the signs will include a 26.25’ x 2’ (52.5 sq. ft.) and a secondary sign logo-style sign (33.8 sq. ft.) on the building’s facade, totalling 86.3 sq. ft., while the maximum permitted by the sign program is 50 sq. ft. Mr. Nguyen stated that staff believes the proposed signs complement the existing building and because this location is set back, no negative impact will be realized. Commissioner Morales asked if the request would modify the entire Master Sign Program or was it simply affecting Buffalo Wild Wings. Mr. Nguyen answered, this request was specifically for the two signs addressed, and would not be viewed as precedent-setting. All interior signs must comply with the center’s sign program. Jessica Jimenez, applicant’s representative, 16377 Taylor Avenue, Fontana 92335 stated that she agreed with Kevin’s presentation; that they are asking to enhance the center’s allowable sign area, to be allowed two signs instead of one. She stated that the signs blend well with the site. Commissioner Morales asked Ms. Jimenez the status of the plans; were they in plan check? Mr. Nguyen responded, noting the plans had been approved and they had started construction (Monday). Chairman Kiefer asked for correspondence. Mr. Nguyen stated that one piece of correspondence had been received; but it was merely an inquiry. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 13 Page 14 Chairman Kiefer invited members of the audience to address the Commission. Ed Keegan, regional construction manager for Buffalo Wild Wings, 4961 Milano Way, Martinez, Ca. 95443 addressed the Commission, reminding them that he had attended their January 5, 2011 Commission meeting for the approval of the Conditional Use Permit. He stated that he believed the design of the restaurant will enhance the mall; that the tower element that they have gone to great lengths to build was designed specifically to carry the signs; and that they have the full support of Macerich mall. He added that they just completed plan check and pulled permits last week; they have begun construction. Mr. Keegan estimated completion within 90 days. Chairman Kiefer invited persons present to speak in opposition. Chairman Kiefer noted there were no persons present to speak in opposition. Chairman Kiefer asked staff for their recommendation. Mr. Nguyen stated staff’s recommendation is for approval; that staff had prepared a Resolution of approval, Resolution No. 11-2706. There being no questions/comments regarding staff’s recommendation, Chairman Kiefer closed the public hearing. Commission comments: Commissioner Murray indicated that the applicant had his support; the proposed change to the Master Sign Program complies with the architectural design of the building; and thanked Mr. Keegan for bringing the restaurant to Downey. He informed the applicant that the majority of businesses relocating to Downey are experiencing top sales. He noted that the sign will probably be visible from Firestone Boulevard, which will be good for business. It was moved by Commissioner Morales, seconded by Commissioner Murray and passed by a 5-0 vote, to approve Resolution No. 11-2706, approving PLN-11-00054 (Sign). 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-11-00021(CONDITIONAL USE PERMIT) 5. Location: 9441 Washburn Road Owner/Applicant: Clark J. Kasunich/Kasunic Family Trust Authorized Agent: Daniel Graham/Liberty Ambulance 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 Conditional Use Permit request to operate an ambulance storage and communications center on property zoned M-2 (General Manufacturing). Commissioner Kiefer opened the public hearing for PLN-11-00021 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff’s report and accompanying PowerPoint. He explained to the Commission that staff’s initial concern for the ambulance service was for it’s potential impacts to residents. However those concerns have been eliminated by agreed-upon restrictions on sirens and controls on traffic activity (Conditions #3 and 4). In addition, Mr. Nguyen asked that the Commission strike Public Works Condition #21, at the direction of Public Works Dept. Daniel Graham, 2727 Crown Point Place, Escondido, California, provided the following: 1) he was first PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 14 Page 15 attracted to Downey because he’d heard a report on the radio of a study that showed Cerritos and Downey to be the two friendliest communities to do business in. That is why he checked out these two cities. He noted that the site under consideration will be a deployment center for Los Angeles, which he is relocating from Santa Fe Springs due to expansion; noting they have consolidated various deployment centers for the surrounding counties, to this one location. Mr. Graham informed the Commission that they provide back-up services to both the Downey Fire Department, for 911 overflow, as well as back-up for Downey Community Hospital. He stated that it is their (his) desire to be an asset to the community; that it is their policy that the neighbors do not even know that they are there by running a quiet operation. Commissioner Morales asked if they provide back-up to L.A. County-owned property, too. Commissioner Murray asked if the ambulances used gas or diesel fuel. Mr. Graham responded, they use diesel fuel. But, he stated there are diesel trucks running up and down the street on Washburn, but his ambulances are much quieter than those trucks. Commissioner Murray asked if Mr. Graham intended to be dispatching at 3:00 a.m., and the like. Mr. Graham explained that the dispatching will occur from inside the building, but the ambulances will not be posted at the site, their posting locations are from other locations. Adding that they have accepted a provision that in no case will the ambulances upgrade to provision one (Lights/Sirens) until they reach Washburn/Woodruff Avenues. Mr. Graham provided additional information to the Commissioners, as follows: 1) Of the 27 ambulances they own, he runs about five, has moved five to Riverside and will be moving five to San Diego; 2) They will have zero vehicles running out of the Washburn site during the 9:00 p.m. to 6:00 a.m. shift.; 3) Condition No. 3 restricts shift changes during this period (9 p.m. to 6 a.m.). 4) There are 100’s of ambulance services running out of Los Angeles, but only 27 are licensed by Department of Homeland Security (DHS), of which they are one. In regards to their current location, 14109 Pont Lavoy, Santa Fe Springs; although in a commercial zone, there are residential areas fairly close (Rosecrans/Carmenita) and they never heard of complaints from residents. Chairman Kiefer asked staff for any correspondence received on this item. Mr. Nguyen stated that no correspondence had been received. Chairman Kiefer invited members of the public to come forward and address the Commission on this matter. Thomas Lopez, 12115 Cornuta Avenue, Downey, 90242 addressed the Commission with the following concerns: 1) Their home is down the street from this site and currently they enjoy quiet and privacy on Cornuta Avenue. 2) He and his neighbors do not want to be impacted by traffic and noise. 3) He would not object to the facility as long as it will be run according to what Mr. Graham has stated here tonight. 4) The facility is too small to store 27 ambulances. Where will the ambulances be stored? And is the Commission aware there are 3-4 other businesses at the site? 5) His other issue is parking. The previous use was a machine operator and they did not have enough parking for employees. 6) He supports the concept of the ambulances being located in Downey, which will benefit Downey residents. Commissioner Morales pointed out, that according to the site plan, the ambulances can be accommodated on-site; there are 33 parking spaces on-site. Mr. Lopez was happy to hear of this. Mr. Graham also responded, referencing the site plan, that there are 27 parking spaces inside the property PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 15 Page 16 and 33 parking spaces on the outside. He assured that they will not be a nuisance and he will provide his personal phone number to Mr. Lopez to contact him if there are any problems. He stated they have been in the business for over 20 years and he would not want to be nuisance. In addition, he pointed out that they could also house 25 vehicles within the shedded area, if they needed to. Mr. Graham stated that the owners of the property were also present to address any concerns of the Commission. Chairman Kiefer asked staff for their recommendation. Assistant Planner Nguyen stated staff’s recommendation is for approval, as per the attached Resolution of approval, Resolution No. 11-2707. There being no questions regarding staff’s recommendation, the public hearing was closed. Commission discussion: Commissioner Lujan stated that he is satisfied with the applicant’s assurances that no impact would be felt by the nearby residents. Commissioner Morales stated that he also believed all the issues identified by Mr. Lopez had been addressed. Chairman Kiefer agreed that Mr. Lopez’ concerns had been addressed. Commissioner Murray asked to discuss whether language should be added to restrict vehicles accessing the property during the evening hours (9 p.m. to 6 a.m.). Discussion followed. Community Development Director provided potential language addition, “ No vehicular traffic shall be generated by this use between the hours of 9 p.m. to 6 a.m., Monday – Sunday, this includes, but is not limited to: staffing shift changes, ambulance calls for service, etc.” Mr. Graham pointed out that he would not want that restriction stated since there may be the need for an occasional nurse or someone to stop by to get necessary equipment or to refill supplies. City Attorney Garcia cautioned that the proposed language may be difficult to monitor and enforce. Mr. Graham pointed out that having an ambulance service in Downey is an asset to the residents, in the event of a catastrophic event. He stated that they had already spent $100,000 on the project and the owner is about to dump another $100,000 into the project; he would ask that no further limitations be imposed beyond what has been agreed to. He pointed out that other businesses run trucks all day long Commissioner Murray then suggested that they monitor the activities for 6 months and then review, providing an opportunity for residents to express any issues that may arise regarding noise. Commissioner Morales agreed, noting that other businesses in the area are not subjected to such restrictions. Chairman Kiefer expressed a concern that they not limit the company from allowing any vehicles pulling in and out of the property; believed Conditions #3 & 4 provide enough control. Mr. Graham wished to comment further. Chairman Kiefer re-opened the public hearing. Mr. Graham pointed out that the entrance the ambulances would use is not off the public street, but off the alley, 150-200-feet down the alleyway. He also noted they will change the gate into electric and they will maintain the roll-up door to ensure it is not squeaky. PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 16 Page 17 Mr. Lopez stated that he supports the Commission reviewing again in 6 months, during which time he and his neighbors will remain vigilant. Chairman Kiefer closed the public hearing. 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.: Community Development Director Saeki informed the Commission that Downey is one of 26 finalists nationwide for the “The Friendliest City” competition which The City has applied for. He stated that representatives from Downey will go to Kansas City, Missouri in mid-June to make our case; in hopes of winning the award. In addition, Mr. Saeki stated that he’d heard just yesterday that Downey’s Downtown Specific Plan just won an award from SCAG, called the Compass Blueprint Award for Livability which will be awarded in May. OTHER BUSINESS: IX. 1) Associate Planner, Jessica Flores provided an updated status to the Planning Commission regarding conditions of approval for 11406 Old River School Road (Conditional Use Permit), noting it was the direction of the Commission to bring back a status report three months after their last continuance. Ms. Flores shared that the anticipated cost to repave the entire parking lot, a condition of approval for the Havana Café approval, may be as high as $100,000. She added that Mr. Alstrom has asked again that he be allowed to patch and seal coat; but she commented that the Commission remembers what the results were the last time he’d done that. She added that staff believes the lot needs more than another patch job. She stated that the matter is scheduled to come before the Commission in July. ITEMS FOR FUTURE AGENDA: X. No additional items were addressed. ADJOURNMENT: XI. There being no further business to come before the Planning Commission, the Commission adjourned at 10:15 p.m. to April 20, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 20thday 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 20th day of April, 2011, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONER: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\PLANNING\PC Minutes-2011\Apr 6, 2011-Minutes.doc PLANNING COMMISSION MINUTES, APRIL 6, 2011 – PAGE 17