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HomeMy WebLinkAboutPC Minutes - 03/16/2011MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MARCH 16, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held March 16, 2011. After the Pledge of Allegiance to the Flag, Chairman Kiefer called roll at 6:32 p.m. II. COMMISSIONERS PRESENT: Hector Lujan, District 5 Ernie Garcia, District 4 Robert Kiefer, District 2, Chairman COMMISSIONERS ABSENT: Louis Morales, District 3 Michael Murray, District 1, Vice-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 Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary Chairman Kiefer noted there were three Comm issioners present, which constitutes a quorum. III. MINUTES: March 2, 2011. Correspondence from Mr. Bob Davila was distributed to the Commissioners. Community Development Director Saeki stated that staff had received correspondence from a resident in regards to the March 2, 2011 Minutes that were up for Planning Commission approval this evening. Mr. Saeki noted that since the resident, Mr. Davila’s correspondence included comments from some Commissioners who were not present; he would recommend continuing the approval of these Minutes to the next meeting. It was moved by Chairman Kiefer, seconded by Commissioner Garcia and passed by the three Commissioners present, to continue the approval of the Minutes of March 2, 2011 to April 6, 2011. IV. AGENDA CHANGES: There were no other agenda changes. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki stated there were no City Council actions to report at this time. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar Items on the agenda. VII. PUBLIC HEARING ITEMS: 1. PLN-11-00031 (SPECIAL EVENT) Location: 12145 Woodruff Avenue Owner/Applicant: Pastor Otto R. Azurdia/ Iglesia de Cristo Authorized Agent: Enzo Calandra/ Architectural Creations 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 15304(e) (Class 4, Minor Alterations to Land). PLANNING COMMISSION MINUTES, MARCH 16, 2011 – PAGE 1 Page 2 Request: A Special Event request to allow Iglesia de Cristo to conduct a one day Spring Festival in the parking lot of the church on Saturday, April 9, 2011, from 9 a.m. to 8:00 p.m., on property zoned C-1 (Neighborhood Commercial). Chairman Kiefer opened the public hearing for PLN-11-00031 (Special Event) for 12145 Woodruff Avenue. Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff’s report and the accompanying Powerpoint presentation. He noted that the applicants had secured agreements fo r additional off-site parking spaces from nearby businesses, and the City was satisfied that parking and all other concerns have been addressed with the recommended conditions of approval included in the attached Resolution of approval. The applicant’s representative and architect for the church, Joel Columbo, (Architectural Creations in Wrightwood), addressed the Commission. He stated this was the church’s fifth periodic festival in the last four years; that the event will feature pony ri des, excellent food and live entertainment under canopies. In addition to the 200 parking spaces on-site, the church as secured agreements with businesses near the site for an additional 180 parking spaces. He noted that they have learned from past events and have revised their traffic control accordingly. Mr. Columbo stated that they had not heard any complaints following their last event (Harvest Festival). He said he looked forward to another successful event and invited the public and the Commissioners to participate. In addition, he noted that he had read and accepted all conditions of approval. Chairman Kiefer asked staff for any correspondence received on this matter. Mr. Kguyen stated no correspondence had been received in regards to this matter. Chairman Kiefer then invited members of the public to address the Commission on this item. Wishing to address the Commission on this matter, in opposition: 1. Sabina Arencibia, 12102 Cornuta, Downey (located directly behind the site), addressed the Commission with the following: the church does not provide adequate parking for their events. She stated the event facilitators use the church parking lots to set up their tents and games, and do not leave parking available on-site. She also stated that people park on the streets of her neighborhood, walk on their lawns and trash the streets; that they show no respect for the neighborhood. She stated that she had spoken to staff last year, although she had not been able to attend the meeting. Chairman Kiefer asked staff to verify availability of parking. Mr. Nguyen responded that according to past events, the applicant has provided sufficient parking on-site. Chairman Kiefer asked Ms. Arencibia if the participants do not use any of the parking on-site. She responded that mostly they park on the streets, not on- site. She stated parking is a problem every week- end, but it is worse during the special events. City Attorney Garcia noted that Condition #3 requires all trash created by the event to be picked up from along adjacent streets, in addition to the site. Chairman Kiefer inquired if this condition had been included in last year’s approval. Mr. Nguyen affirmed that it had been included. 2. Kirk Cartozian addressed the Commission, noting that he had not planned to address this matter; however, he wanted to share that he was on Council when the church facility was built, about ten PLANNING COMMISSIONER MINUTES, MARCH 16, 2011 – PAGE 2 Page 3 years ago. In his view, it would appear that the complaints of this neighbor may be more of an on- going problem. He would point to the condition of approval No. 3, as City Attorney Garcia had; and perhaps staff could ask the applicant to go the extra mile, provide extra staffing and perhaps even a shuttle. He said he would like to see the event go forward, since he hadn’t heard of any significant problems occurring here. He thought they church participants to be good upstanding members of the community. Joel Columbo, speaking in rebuttal, noted they are prepared to meet the direction of condition #3, and that last year was the first year that this conditi on had been imposed. And yes, they have the staff lined up to help out, to meet this condition. He stated t hat he would speak to the event operators to direct participants to their parking lots, and away from street parking. Mr. Columbo shared that the church has more parking available on-site this year that than had been available last year. In addition, Mr. Columbo stated that he would provide a contact name and number to staff, for any issues that might arise the day of the festival. Chairman Kiefer asked if agreements had been secured for the additional off-site parking areas. Mr. Columbo answered affirmatively. In addition, he noted that volunteer staff will wear vests to be more available visually to assist; they can provide c ontact information, especially for the residents along Cornuta, noting that it is difficult to differentiate event-goers from the homeowners who belong on the street, but they would do their best to direct the event participants to available parking areas. Mr. Nguyen provided the Commission with staff’s recommendation, noting the Resolution for approval would be Number 11-2702. There being no further question regarding staff’s recommendation, the public hearing was closed. Commission comments: Commissioner Lujan stated he was in support of the event as long as the applicants continued to work toward improving the situation with the neighbors. He also suggested that the volunteers’ rotations in the parking lots be for 3-4 hours each, rather than one hour, since it takes time to learn what’s going on and a little more experience would benefit the neighborhood. Chairman Kiefer stated this was the first time he had heard that there were problems at the last events, but felt those concerns/problems would be alleviated as long as Condition #3 is adhered to. It was moved by Chairman Kiefer and seconded by Commissioner Lujan and passed by a 3-0-2 vote, with Commissioners Morales and Murray absent, to adopt Resolution No. 11-2702, approving PLN-11- 00031, 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. 2. PLN-11-00038 (CONDITIONAL USE PERMIT) Location: 8320 Stewart & Gray Road Owner/Applicant: Patricia Zacker Authorized Agent: Sarkis Mounib Abdulhai 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 operate an existing market (Four Square) with an Alcoholic Beverage Control Type 21 (Off sale, General) license, on property zoned C-1 (Neighborhood Commercial). Chairman Kiefer opened the public hearing for PLN-11-00038 (Conditional Use Permit). PLANNING COMMISSIONER MINUTES, MARCH 16, 2011 – PAGE 3 Page 4 Ms. Donahue affirmed proof of publication. Senior Planner, David Blumenthal, presented staff’s report and accompanying Powerpoint, noting staff’s recommendation is for approval. He reviewed the recommended conditions of approval, noting that condition #13 requires that the door facing the apartments is to remain closed. In addition, the conditions provide for a 6-month review. He prov ided a hand-out with revised conditions, adding Condition #16, and read it into the record, “ To the extent allowable by law, the applicant agrees to indemnify and hold harmless City, and City’s Officers, officials, employees, agents and volunteers from any and all claims, demands, causes of action, costs, expenses, lia bility, loss, damage or injury, including attorney’s fees, incurred by City or held to be the liability of City in connection with the City’s defense of its actions in any proceeding brought in any State or Federal court or before any agency challenging the City’s actions with respect to this application. Applicant understands and acknowledges that City is under no obligation to defend any legal actions challenging the City’s acti ons with respect to the application.” Mr. Blumenthal stated that he’d reviewed the changes with the City Attorney, as well as the applicant. Chairman Kiefer requested clarification of why the liquor store was requesting this Conditional Use Permit to sell alcohol. Mr. Blumenthal explained that a previous owner had the license revoke for selling to a minor, officially losing the license in October, 2009. Sarkis Abdulhai, applicant, informed the Commission that he has had experience running other liquor stores. He heard that this store was available through a broker and decided to purchase it and obtain a liquor license. Commissioner Lujan asked how Mr. Abdulhai trained his employees to be vigilant. Mr. Abdulhai stated that he had run his stores for 25 years and during this time his employees have sold to minors only 2 times. His other stores are in Ventura, San Bernardino, North Hollywood and San Luis Obisbo. He provided additional past performance information. He also stated that he is not related to the previous liquor store owner, although both are Assyrian. He said he purchased the store with the hope that he will be able to obtain a liquor license. Mr. Abdulhai stated that he had read and accepted the conditions of approval. Chairman Kiefer asked if any correspondence had been received. Staff responded there had been no correspondence received. Chairman Kiefer invited members of the audience to address the Commission. The following persons spoke in support of the requested Conditional Use Permit: 1. James Flanagan, 8558 Cleta Street, resident for 45 years, stated the store is very secure and clean and they have had no trouble here. He supports the sale of alcohol. 2. Dorothy Vie, property manager on the south side of the project, noted that the store is conveniently located for the seniors of her complex to be able to walk over and buy their dry goods and drinks. 3. Debbie Parker, Downey native, 8703 Byer Street, stated that she prefers this store over one that is closer to her house because it is clean and the prices are reasonable. There being no further comments, Chairman Kiefer closed the public hearing. Commission comments: Commissioners Lujan and Garcia noted that the neighbors are supportive and he believed it would be a good thing for the residents. Chairman Kiefer stated that the applicant, Mr. Abjulhai had provided the answers to his concerns, and with the residents offering no objections he, too, was in favor. It was moved by Commissioner Garcia, seconded by Commissioner Lujan and passed by a unanimous vote of the three Commissioners, to adopt Resolution No. 11-2703, approving PLN-11-00038. PLANNING COMMISSIONER MINUTES, MARCH 16, 2011 – PAGE 4 Page 5 Chairman Kiefer stated the action of the Planning Commission will be final unless the matter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City’s Ordinance. 3. PLN-10-08153 (CONDITIONAL USE PERMIT) Location: 12151 Paramount Boulevard Owner/Applicant: William and Nancy Gallagher Trs Authorized Agent: John Daniel Fox 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 install twelve new ground-mounted antennae behind an existing parapet wall. The related equipment will be within a new ground-mounted enclosure on property zoned C-2 (General Commercial). Chairman Kiefer opened the public hearing for PLN-10-08153. Ms. Donahue affirmed proof of publication. Jessica Flores, Associate Planner, provided staff’s report, which included a brief history of the approvals on the site, along with the accompanying Powerpoint. She noted that the existing six- antenna array will be removed and replaced with twelve new AT&T cell antennae behind the existing parapet enclosure and the equipment cabinet will be placed on the ground, and will also be enclosed. Commissioner Garcia stepped away from the Cham bers for a moment. The Commission recessed for two minutes, until his return. Andrian Culici, 3319 Fithian Street, Los Angeles, Ca. 90032 representing AT&T Wireless addressed the Commission. He noted that he had reviewed and accepted the recommended conditions of approval. Chairman Kiefer inquired if any of the equipment generated noise. Mr. Culici stated that the ground-mounted equipment utilized a small fan, but would not generate significant noise. Chairman Kiefer asked staff to provide any correspondence received. Ms. Flores stated that no correspondence had been received on this matter. Chairman Kiefer invited comments from members of the audience. There were no persons in the audience wishing to address the audience on this item. Chairman Kiefer asked for staff’s recommendation. Ms. Flores stated staff’s recommendation is for approval, as such, staff has provided Resolution No. 11-2704 for their approval. There being no questions regarding staff’s recommendation, the public hearing was closed. It was moved by Commissioner Garcia, seconded by Commissioner Lujan and passed by a vote of 3-0-2, with Commissioners Murray and Morales absent, to adopt Resolution No. 11-2704 approving PLN-10-08153. PLANNING COMMISSIONER MINUTES, MARCH 16, 2011 – PAGE 5 Page 6 Chairman Kiefer stated the action of the Planning Commission will be final unless the matter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City’s Ordinance. VIII. ORAL COMMUNICATIONS : 1. The Commissioners had no particular issues they wished to address. 2. Community Development Director Saeki informed the Commissioners that data from the 2010 Census had been received and provides interesting stat istics. He noted Downey’s population is shown to be 111,772, increasing by 4,000+ people since 2000. He stated that more information would be forthcoming. IX. OTHER BUSINESS: No other business was addressed X. ITEMS FOR FUTURE AGENDA: No future agenda items were discussed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:25 p.m., to April 6, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. APPROVED AND ADOPTED this 6th day of April, 2011. Robert Kiefer 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: Lujan, Garcia, Kiefer ABSENT: COMMISSIONER: None ABSTAIN: COMMISSIONERS: Morales, Murray NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\PLANNING\PC Minutes-2011\Mar 16, 2011-Minutes.doc PLANNING COMMISSIONER MINUTES, MARCH 16, 2011 – PAGE 6