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HomeMy WebLinkAboutPC Minutes - 04/20/2011MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, APRIL 20, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held April 20, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: Michael Murray, District 1, Vice-Chairman Hector Lujan, District 5 Ernie Garcia, District 4 Robert Kiefer, District 2, Chairman COMMISSIONER ABSENT: Louis Morales, District 3 STAFF PRESENT: Brian Saeki, Community Development Director Yvette M. Abich Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Jessica Flores, Associate Planner Kevin Nguyen, Assistant Planner Sebastian Rodriguez, Planning Intern Narineh Shahinian, Planning Intern Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Murray, seconded by Commissioner Lujan and passed by a vote of 4-0-1, with Commissioner Morales absent, to approve the Minutes of April 6, 2011, as presented. IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki stated there were no actions to report from Council’s April 12, 2011 meeting. VI. CONSENT CALENDAR ITEMS: 1. Initiation of a Code Amendment to amend Article IX of the Downey Municipal Code to prohibit Medical Marijuana Dispensaries. 2. Request to submit Final Map for Tentative Parc el Map No. 09-70964, consolidating three parcels of land, which comprise 1.15 acres, into one parcel at 8236-8250 Firestone Boulevard, and 11217 Downey Avenue, zoned Downtown Downey Specific Plan – Firestone Boulevard Gateway District. It was moved by Commissioner Murray, seconded by Commissioner Lujan, and passed by a 4-0-1 vote, with Commissioner Morales absent, to approve the Consent Calendar. PLANNING COMMISSION MINUTES, APRIL 20, 2100 – PAGE 1 Page 2 VII. PUBLIC HEARING ITEMS: 1. PLN-11-00080 (SPECIAL EVENT PERMIT) Location: 9001 Paramount Boulevard Owner/Applicant: Andrea Valenzuela/Cornerstone Christian Worship Center Authorized Agent: Landmark Christian Center Staff: Sebastian Rodriguez/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 15304 (Class 4, Minor Alterations to Land). Request: A request to conduct a one-day outdoor event within the parking lot of an existing church (Cornerstone Christian Worship Center) on Saturday, April 23, 2011, from 1:00 p.m. to 6:00 p.m., on property zoned R1-7,500 (Single Family Residential). Chairman Kiefer opened the public hearing for PLN-11-00080 (Special Event). Ms. Donahue affirmed proof of publication. Sebastian Rodriguez, Planning Intern, presented st aff’s report accompanied by a PowerPoint presentation, which included a site plan of the proposed activities. He noted there was sufficient on- site parking available for the proposed special event. Mr. Rodriguez stated staff’s recommendation was for approval with the conditions as recommended. Commissioner Murray asked Mr. Rodriguez to provide the following points of clarification: 1) Where might a generator, if any, be located? 2) Where are restrooms provided? 3) Are the hours addressed for set-up and tear down? Mr. Rodriguez responded: 1) The generators w ill be located away from residential areas and close to the activities; 2) The restrooms are within the building; 3) The hours for setting up and tearing down the structures was not addressed, but can be added. Mr. David Blumenthal added, conditions of approval can be modified to restri ct the hours to those considered reasonable. Steven Jordan, applicant/representative, addressed the Commission, stating that they have been providing this event to the community for ten ye ars now and have never had any complaints from the neighbors. He added that they now have two events each year, one in Spring, their Easter celebration and another later in the year, their Harvest festival. Chairman Kiefer asked if any correspondence had been received on this matter. Mr. Rodriguez responded, stating that no correspondence had been received. Chairman Kiefer invited members of the audience to address the Commission on this matter. No persons came forward at this time. There being no further comments, Chairman Kiefer closed the public hearing. Commissioner Murray stated that this event was a benefit to the community which he fully supported. He also stated that he did not feel it was necessary to revise Condition No. 6, to address the hours of the set-up and tear down of the event. It was moved by Commissioner Murray, seconded by Commissioner Garcia and passed by a vote 4-0-1, with Commissioner Morales absent, to adopt Resolution No. 11-2708, approving PLN-11- 00080. PLANNING COMMISSION MINUTES, APRIL 20, 2011 – PAGE 2 Page 3 2. PLN-11-00055 (VARIANCE) Location: 13411 Verdura Avenue Owner/Applicant: Hermila and Robert Gutierrez Authorized Agent: Same Staff: Narineh Shahinian/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 15305 (Class 5, Minor Alterations in Land Use Limitations). Request: A Variance request to construct a 193 square foot addition to an existing 386 square foot residence and allow said addition to deviate from the requirements set forth in the City of Downey Municipal Code Section 9312.08, Table 9.3.3 (R-1 Zone- Property Development Standards), for the minimum unit size for a one-bedroom residence (proposed at 576 square feet instead of the required 700 square feet) and for the minimum required side yard setback on the south side setback (proposed at 3’-4” instead of the required 5’). Additionally, the request is to deviate from the City of Downey Municipal Code Section 9410.12(b), thereby allowing said addition to be constructed without providing a location for the future establishment of a two-car garage, on property zoned R1-5,000 (Single Family Residential). Chairman Kiefer opened the public hearing for PLN-11-00055 (Variance). Ms. Donahue affirmed proof of publication. Planning Intern, Narineh Shahinian, presented staff’s report and accompanying PowerPoint. She stated staff supported the requested variance since the small addition will help to reduce the structure’s non- conformity to minimum size, while maintaining the existing side yard setback of 3’-4”. She stated that all four required findings can be made in a positiv e manner. The exhibits showed how the parcel size compared to those in the neighborhood. Commissioner Murray inquired about the following: 1) clarified that no ingress/egress would be provided, since there is no garage and never had one; 2) what constitutes a variance? Ms. Shahinian explained how a variance would permit something that would otherwise be prohibited by the Zoning Code. She noted that this house was built in 1949, prior to the City’s incorporation. She stated that most of the other substandard parcels have garages, placed to the front of their lots, while this one was built without a garage; adding that the other substandard homes all seem to have bedrooms. Chairman Kiefer inquired what percentage of the homes in that area are developed on substandard lot sizes? David Blumenthal responded, he thought about 35-40%, with lots with 25 to 30-foot wide lots. Mr. Davis added that the parcels across the street from this one typically have standard-sized lots. Hermila Gutierrez, applicant, 13411 Verdura Avenue, addressed the Commission. She stated that they have no bedroom currently; that only she and her husband would continue to live at the house; and that they purchased the house two months ago. Chairman Kiefer inquired of staff if any correspondence had been received. Planning Intern Shahinian stated that no correspondence had been received on this matter. Chairman Kiefer invited members of the audience to address the Commission. No persons from the audience came forward at this time. PLANNING COMMISSION MINUTES, APRIL 20, 2011 – PAGE 3 Page 4 Chairman Kiefer closed the public hearing. Commissioner comments: Commissioner Lujan stated that he believed the addition will be perfect for the couple. He had no objections. Commissioner Garcia said t he addition would help to modernize the home. Commissioner Murray stated that he fully supported the addition, which will increase the value of the home and add to the neighborhood. He noted that this is a good example of a valid reason to support a variance. Chairman Kiefer stated that he disagreed. He stated that in looking at the broad scope, they are being asked to support increased density without requiring any off-street parking, and in an area that already has limited off-street parking. He stated that he did not agree with staff’s interpretation of meeting the findings. It was moved by Commissioner Murray, seconded by Commissioner Lujan and passed by a 3-0-1-1 vote, with Commissioner Morales absent and Chairman Kiefer voting “No”, to adopt Resolution No. 11- 2709, as presented. 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-11-00079 (CONDITIONAL USE PERMIT No. 09-54) Location: 11416 Old River School Road Owner/Applicant: Robert Marshall Tr. Authorized Agent: Martha Velez 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 request to change the address on an existing Conditional Use Permit allowing a 1,500 square foot second hand store within an existing multi-tenant building from 11406 Old River School Road to 11416 Old River School Road, on property zoned C-2 (General Commercial). Chairman Kiefer opened the public hearing for PLN-11-00055 (Conditional Use Permit No. 09-54). Ms. Donahue affirmed proof of publication. Jessica Flores, Associate Planner, presented staff’s report and accompanying PowerPoint. She explained that while the conditional use permit for the second hand store use was approved in November, 2009; it was for the space located at 11406 Old River School Road, a few tenant spaces to the north of this location, and within the same retail center. She noted that the conditions which the Commission had imposed upon the previous approval have been transferred to this application’s approval and incorporated into the new resolution. Ms. Flores explained to the Commissioners that the applicant was requesting the change in location because another use, a beauty salon, has occupied the original site. It was also noted that the earlier approval was issued to operators of a non-profit church, while this second hand store will be for profit. Commissioner Murray pointed out that the parking lot condition is still an outstanding issue. Ms. Flores stated that the condition addressing the parking lot will be coming back before them in July, as part of the Conditional approval for the Habana Café. Chairman Kiefer inquired if any complaints had been received in regards to the second hand store. PLANNING COMMISSION MINUTES, APRIL 20, 2011 – PAGE 4 Page 5 Ms. Flores responded she had checked with the Police Department and no complaints had been received. She explained that another operator had attempted to take over the second hand store, but was unable to process the paperwork successfully. Chairman Kiefer inquired about very dark window tints on some of these storefront windows, and whether they are allowed? Senior Planner Blumenthal responded, noting that the Ordinance doesn’t prohibit the dark tints. However, certain businesses have window tinting restrictions, such as massage establishments. He stated that tinting windows does affect the business’ ability for window signage. Chairman Kiefer inquired if language should be added to address these limitations. Ms. Flores noted that the Code does address the signage restrictions, but if the Commission desires, they may ask for language clarification. City Attorney Garcia reassured the Commission that any restrictions already apart of the Municipal Code would not need to be re-stated within the Conditions of Approval, noting that the Code can be enforced, if necessary. Mr. Blumenthal added, if the Commission wants to restri ct window tinting for this business, they would need to place the language in the conditions, since window tinting is permitted. Ms. Garcia also cautioned the Commission, if they ar e considering placing such a restriction, they would need to indicate a nexus. Commissioner Murray asked if the City had considered placing any restrictions on items that can be sold or not sold, such as paint cans. Associate Planner Flores responded that she was not aware of such restrictions, but they could look into it. Senior Planner Blumenthal added, the Downey Police Department requires certain record-keeping to control and monitor items, to ensure that stolen goods are not being sold. Ms. Garcia added, there may be some state statutes that place restrictions on certain items, such as hand guns. Commissioner Murray also inquired of the Commission if they thought they should place a condition to address items being displayed outside the shop, and to limit the hours that drop offs can occur. Ms. Flores noted that the 2009 approval, which is incorporated into this Resolution, does restrict the display of items outside, unless as part of an approved “Sidewalk Sale” permit. She added, the Downey Municipal Code restricts any items from being stored or displayed outside, without a Special Event or Sidewalk Sale Permit. She responded to other questions, noting that the applicant may sell old, new or even vintage-type items; and in addition to this request, there are three similar businesses in town. She also noted that the applicant has stated that she does not intend to accept drop-offs at this site. Martha Velez, applicant, 7520 Atlantic Avenue, Cudahy, addressed the Commission. She noted that this is their first attempt to run a second hand store. They will begin by selling their own personal items and then expand to include items from garage sales and fr om storage units. Mrs. Velez was aware they could not sell on consignment. She intends to utilize flyers and banners for advertising. She stated that she’d read and accepted all the conditions of approval, and they would not be accepting dropped off items. They have considered posting a sign to that affect. Chairman Kiefer asked staff if any correspondence had been received in regards to this request. PLANNING COMMISSION MINUTES, APRIL 20, 2011 – PAGE 5 Page 6 Ms. Flores stated that no correspondence had been received in regards to this item. Chairman Kiefer invited members of the audience to address the Commission at this time. In response to Chairman Kiefer’s invitation, no persons stepped forward to address the Commission. Associate Planner Flores restated staff’s recommendation for approval; the Resolution No. is 11-2710. There being no questions regarding staff’s recommendation, Chairman Kiefer closed the public hearing. The Commissioners were in accord to support the requested use, and to modify Condition No. 1, stating no drop-offs would be permitted. Some discussion ensued to develop acceptable language modification. It was moved by Commissioner Murray, seconded by Commissioner Garcia and passed by a 4-0-1 vote, with Commissioner Morales absent, to adopt Resolution No. 11-2710, approving PLN-11-00079, approving and revising Conditional Use Permit No. 09-54, modifying Condition No. 1 as stated. Chairman Kiefer stated the actions of the Planning Commission, on all three cases this evening, will become 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 : Commissioners: 1. Commissioner Murray welcomed the Planning Interns, Sebastian Rodriguez and Narineh Shahinian, and stated that they had done a good job presenting this evening. 2. Commissioner Murray stated that the parking lot at Downey Landing, near the Space Center was becoming weed-filled. Community Development Director Saeki stated that staff was working with the property owners/managers on the Specific Plan for this property, so he would let th em know of the problem. Commissioner Murray also noted that Scott Pomrehn was doing a great job with the Space Center, recalling various activities that had been occurring. He added that Downey was so fortunate to have this facility and that he enjoys bringing grandchildren to experience it with him. 3. Commissioner Murray acknowledged an East Los Angeles College student in the audience, Jerry Alvarez. Staff: Community Development Director Saeki informed the Commission of another award received by Downey for its Downtown Specific Plan; this one given by the American Planning Association. IX. OTHER BUSINESS: X. ITEMS FOR FUTURE AGENDA: XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:20 p.m., to May 4, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 18th day of May, 2011. Robert Kiefer Robert Kiefer, Chairman CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, APRIL 20, 2011 – PAGE 6 Page 7 I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 18th day of May, 2011, by the following vote: AYES: COMMISSIONERS: Murray, Garcia, Kiefer ABSENT: COMMISSIONER: Lujan ABSTAIN: COMMISSIONERS: Morales NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\PLANNING\PC Minutes-2011\Apr 20, 2011-Minutes.doc PLANNING COMMISSION MINUTES, APRIL 20, 2011 – PAGE 7