HomeMy WebLinkAboutMay 18, 2011 - Minutes
MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MAY 18, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A regular meeting of the
Planning Commission was held May 18, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: Louis Morales, District 3 Michael Murray,
District 1, Vice-Chairman Ernie Garcia, District 4 Robert Kiefer, District 2, Chairman COMMISSIONER ABSENT: Hector Lujan, District 5 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 Theresa Donahue, Secretary III. MINUTES:
It was moved by Commissioner Murray, seconded by Commissioner Garcia and passed by a vote 3-0-1-1, with Commissioners Murray, Garcia and Kiefer voting “Aye”, Commissioner Morales abstaining
and Commissioner Lujan absent, to approve the Minutes of April 20, 2011. IV. AGENDA CHANGES: There were no changes. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki
reported that the City Council, at their regular meeting held May 10, 2011 received an update/presentation from the Orangeline Development Authority. He noted that a small portion of
Downey touches their assessment area, and was therefore included. VI. CONSENT CALENDAR ITEMS: Chairman Kiefer noted that there were no Consent Calendar items on the agenda. VII. PUBLIC
HEARING ITEMS: 1. PLN-11-00074 (CONDITIONAL USE PERMIT) Location: 8828 Imperial Highway Owner/Applicant: David S. Gonslaves Authorized Agent: Kresha Crawford Staff: William Davis CEQA:
As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301, (Class 1, Existing
Facilities). Request: A Conditional Use Permit to allow the operation of a barber school, on property zoned C-2 (General Commercial). Chairman Kiefer opened the public hearing for PLN-11-00074
(Conditional Use Permit). Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 1
Page 2 PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 2 William Davis, City Planner, presented staff’s report and accompanying PowerPoint. He indicated that staff was able to support
the applicant’s request for barbering school since the property’s zoning allows for this type use and the property’s on-site parking is sufficient to accommodate the required parking,
eight spaces; and all required findings can be met. He noted that a karate school also occupies a space within this building. Commissioner Murray asked staff about Conditions #16 and
17. Mr. Davis noted that the condition of the parking lot had been addressed by staff at an interdepartmental meeting (DRC); and the lot is in need of repaving. Mr. Davis affirmed that
the repaving requirements include the area in front of this particular tenant’s building area. Applicant, Kresha Crawford, 12338 Everett St., Norwalk, addressed the Commission. She explained
that her family has run the barbering school for 42 years in Los Angeles. She now owns the school and decided it would be nice to relocate closer to their home, thus selected Downey.
She explained that the school provides a trade for many people, with students accepted as young as 16-1/2 years (licensing is available at age 17), high school students/graduates, or
retirees, and as means of rehabilitation for those in need. She noted the proposed hours are Tu-Fr, 8:30 a.m. to 5:00 p.m. and Sat., 8:00 a.m. to 4:30 p.m., closed Sunday and Monday.
She responded to questions, noting that “yes”, they do offer services to the public from their students, sometimes those services are free; that the course requires 1500 hours, and the
program takes 9 about months to complete. She stated they are accredited with the Bureau of Post, Private and Secondary Education, and they teach health and sanitation practices. Ms.
Crawford stated that she would market the program by outreaches to the neighborhood, through the neighboring high schools, Downey Adult School, as well as the Pennysaver. Chairman Kiefer
asked if staff had received any correspondence on this item. Mr. Davis responded, no correspondence had been received. Chairman Kiefer invited members of the public to address the Commission
on this item. No persons came forward at this time. Chairman Kiefer closed the public hearing. Commissioner Murray asked if the property owner was present and if he’d read and agreed
to the Conditions of approval. Chairman Kiefer re-opened the public hearing. Mr. David Gonsalves, 8818 Imperial Highway came to the podium. He stated that he may need to review the conditions
of approval. Chairman Kiefer called for a 5 minute recess to allow Mr. Gonsalves to review the recommended conditions of approval. Upon reconvening, Chairman Kiefer asked Mr. Gonsalves
if he agreed to the conditions of approval. Mr. Gonsalves responded to Condition No. 17, noting that the parking lot in front of the building along Imperial had recently been paved and
re-striped, admitting that the parking lot area east of the building had not been repaved yet, and would be completed when the property is leased, or within six (6) months. He said he
did not see anything within the conditions of approval that would affect him. He believed everything requested would fall under the agreement with the tenant. He described the improvements
in regards to ADA requirements. Some discussion followed whereby Mr. Davis explained that his inspection of the property revealed
Page 3 PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 3 the parking lot under discussion was in need of repair due to cracks, pot holes, crumbling asphalt surface. He added that the
City’s representatives of the Departmental Review Committee (DRC) had indicated problems with the condition of the property. Commissioner Murray noted the discrepancy between staff’s
condition and the owner’s comments. He also suggested that Mr. Gonsalves clarify with staff if the striping on-site met the standards for Americans with Disabilities Act (ADA), since
violations can be costly. Community Development Director Saeki stated, if the Commission is of the opinion that they would like to support the Conditional Use Permit request, the condition
of the parking lot will become part of the City’s required standard, and the determination made by the Public Works Department, and improvements, if needed, would be directed to the
owner. There being no further questions, Chairman Kiefer closed the public hearing. Commission discussion Commissioner Murray stated that he is very supportive of the trade school locating
to the site and he stated that he’d like to see similar opportunities offered within the City. Commissioner Garcia agreed. Commissioner Morales stated that he saw no problems associated
with the business operating onsite. Chairman Kiefer stated his agreed; that he thought it was a great opportunity. It was moved by Commissioner Murray, seconded by Commissioner Morales
and passed by a vote of 4-0-1, with Commissioner Lujan absent, to adopt Resolution No. 11-2711. 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-11-00103 (CONDITIONAL USE PERMIT) Location:
7877 Florence Avenue Owner/Applicant: Georgia Efstathiou Tr Authorized Agent: George Efstathiou Staff: Jessica Flores CEQA: As required by the California Environmental Quality Act (CEQA),
this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A Conditional Use Permit request to allow
expansion of Type 41 (Off-sale, Beer and Wine, Eating Place) to include the patio area (1,300 sq. ft.) of the Marketplace Grill and Café, on property zoned C-2 (General Commercial).
Chairman Kiefer opened the public hearing for PLN-11-00103 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. Jessica Flores, Associate Planner, presented staff’s report
and accompanying PowerPoint. She reviewed the Commission’s past actions for the proposed site which involved their approval, December 2, 2009, of Site Plan Review and Conditional Use
Permit applications for architecture, colors, materials and landscaping for the conversion of the 3,367 sq. ft. commercial building into a restaurant with outdoor seating, and to allow
a drive-thru component, as well; and their approval of Conditional Use Permit PLN-10-08045 on August 18, 2010 to allow for a Type 41 (on sale beer and wine, eating place) alcohol license
for the proposed restaurant. She explained that tonight’s request is to modify the approval for beer and wine, expanding the area into the patio area (an additional 1,300 sq. ft.).
Page 4 PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 4 Ms. Flores noted that staff had included a condition of approval to enclose the patio area with a decorative wall or fence,
not less than forty-two inches in height, however, she explained that a fully enclosed gate could not be installed, due to ADA requirements, which requires a three-foot wide opening
for access points along both Florence Avenue and Tweedy Lane. Commissioner Murray, referencing Condition No. 12 of Resolution No. 10-2655, inquired if security guards are still required,
as determined needed by the City’s Chief of Police. Associate Planner Flores affirmed that the previously approved Resolution will remain in effect and made apart of this application.
Chairman Kiefer invited the applicant forward to address the Planning Commission. George Efstathious, applicant, 9412 Tweedy Lane, addressed the Commission. He explained that the decision
to include the patio area is for the convenience of his patrons; the actual expanded area would be 900 sq. ft., rather than 1300 sq. ft., since they will use a portion of this area as
a common area, a transition area separate from the patio; also that he intended to add screening utilizing planters and a double gate, to provide entry. He explained that there would
be a slight change to the design as presented. Commissioner Morales noted that the site plan was not clear. He’d like to see how the patio functions. Ms. Flores pointed to the site plan
in the Commissioners packets, noting the locations of the wall. Mr. Efstathiou explained where the proposed changes would modify his plan. Ms. Flores explained that Mr. Efstathiou’s
plan would be acceptable to staff and would meet ADA requirements. City Attorney Garcia recommended the modified plan be brought back to the Commission for review and approval. Commission
Murray asked that they find a means which would not impede the applicant’s progress, suggesting language could be added, “subject to City approval”. Community Development Director Saeki
suggested that the Commission may consider an approval this evening for the request to allow the expansion of alcohol sales into the patio, and perhaps bring back the minor change to
the Site Plan at a later date, or allow to be approved administratively. Mr. Efstathiou noted that he hoped to open in six weeks. Associate Planner Flores stated that Mr. Efstathiou
had mentioned to her that the plants would in moveable planters, as such she viewed them as temporary and not requiring a change to the plans. Ms. Garcia agreed, if the Commission viewed
the changes to the plans as a minor modification, then they could move forward. Chairman Kiefer clarified with Mr. Efstathiou that the overall height of the walls is no more than 42-inches;
the proposed hours of the restaurant are 7 a.m. to 11 p.m., seven days a week; and the applicant accepted the additional four (4) conditions of approval. Chairman Kiefer invited members
of the public to address the Commission on this matter.
Page 5 PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 5 Wishing to speak in support: 1. William Ortman, 9636 Haledon Avenue, stated he has been a Downey resident since 1965; he supports
the restaurant with ABC license expansion, and looks forward to being able to eat in town and not have to go to out of town to find this type of ambiance. Chairman Kiefer asked staff
for their recommendation. William Davis, City Planner, noted staff’s recommendation is to adopt Resolution No. 11-2712, approving the Conditional Use Permit with the conditions as stated.
There being no questions regarding staff’s recommendation, the public hearing was closed. Commission comments: The Commissioners stated the following: 1) The patio is a good idea and
they are glad that staff can work with the applicant to make the changes to move forward without delay; 2) The conditions of approval address potential concerns; 3) It is a great idea,
something new for the City; 4) The owner is a long time resident and business owner. It was moved by Commissioner Morales, seconded by Commissioner Garcia and passed by a vote of 4-0-1,
with Commissioner Lujan absent, to adopt Resolution No. 11-2712 approving PLN-11-00103 (Conditional Use Permit). Chairman Kiefer stated the action of the Planning Commission will be
final unless the matter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City’s Ordinance. 3. PLN-10-08048 (PLANNED SIGN
PROGRAM) Location: 10441 Lakewood Boulevard Owner/Applicant: C & S Realty, LLC Authorized Agent: James Phillipy 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 review
the color, size, appearance and location of all signs, on property zoned C-2 (General Commercial) Chairman Kiefer opened the public hearing for PLN-10-08048 (SIGN). Ms. Donahue affirmed
proof of publication. Jessica Flores, Associate Planner, presented staff’s report, the Commission’s past actions at the site and the accompanying PowerPoint, which provided a breakdown
of the proposed signs (See Table 1, page 4 of staff’s report). She noted that while a Planned Sign Program allows for deviations from the code, the overall maximum sign area proposed
is only 242.45 sq. ft., as compared to the maximum permitted sign area allowed is 424.13 sq. ft. Commission Murray stated that his desire is to have the projecting sign, indicating the
“Drop Off” area, visible to parents. During Ms. Flores’ PowerPoint presentation she explained that the sign program proposal deviates from the Municipal Code in three areas: 1) to permit
the secondary sign for Tenant “A” to be 105 sq.
Page 6 PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 6 feet, where the maximum allowed would be 82.5 sq. ft. (1/2 the primary sign); 2) propose two multitenant signs rather than one
that is permitted; and 3) proposed height of monument sign to be ten (10) feet, while the Code limits the height at eight (8’) feet. Ms. Flores explained that staff supported the two
wall signs because they complement the architecture of the building and do not detract nor adversely impact the use and enjoyment of adjacent properties, nor will they impact vehicular
nor pedestrian traffic adversely. She also stated that staff did not support the additional two (2’) foot height requested for the monument signs, since 10-feet is viewed as excessive,
citing an 8-foot high monument sign located in the City that appeared massive next to the one-story building. Suzette Phillipi, applicant, 10441 Lakewood Boulevard and 10065 Pangborn
Avenue, Downey addressed the Commission. She stated that they accepted staff’s position limiting the height of the monument signs to eight-feet, in fact, they were in complete agreement.
She stated that they had reviewed the conditions of approval, and accepted them as provided. Mrs. Phillip explained to the Commission that, in addition to the sign identifying the drop-off
area, they will be striping the lot to provide clarity to parents; in addition, parents are given clear instruction at the time they are given their tour of the facility. Chairman Kiefer
asked staff for any correspondence which may have been provided. Associate Planner Flores responded, no correspondence had been received in regards to this matter. Chairman Kiefer invited
the public to address the Commission on this item. No persons in the audience came forward at this time. There being no further comments, the public hearing was closed. Commission discussion:
Commissioner Murray stated that he supports the signs as recommended, with the monument sign at eight feet. He informed the applicants that they choose the right time to develop the
the school, with the street being torn up at this time, worked well with their improvements. Commissioner Garcia said he likes the proposal, having viewed the building from the parking
lot. Commissioner Morales complimented staff on a good review of the sign details. Chairman Kiefer was in agreement, that the extensive report helps the Commission make a decision in
an easy fashion. He agreed that the signs would be very compatible with the building; and the building was going to be beautiful when completed. It was moved by Commissioner Murray,
seconded by Commissioner Garcia and passed by a 4-0-1 vote, with Commissioner Lujan absent, to adopt Resolution No. 11-2713, approving PLN-10-08048 (Planned Sign Program). 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. IX. OTHER BUSINESS: 2010 General Plan Annual Progress Report Chairman Kiefer took “Other Business” next. He invited staff to give their presentation. Kevin Nguyen,
Assistant Planner, presented the 2010 Annual Progress Report highlighting the City’s progress with regards to implementation of the goals, policies and programs of the City’s General
Plan. The report also summarized the activities of the Planning Commission and the Community Development Department from January 1, 2010 through December 31, 2010. Mr. Nguyen noted that
the Commission’s past actions included consideration of the Zoning Code clean-up; the Downtown Downey Specific Plan; the Downey Gateway project, the corner housing the Gourmet Café;
and the View Housing Project, formerly the Verizon Building. In addition he reviewed activities in the Building and Safety and Housing Divisions. As required by state law, Mr. Nguyen
stated that the report is required to be forwarded to the State Office of Planning and Research, and the Department of Housing and Community Development.
Page 7 PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 7 The Planning Commissioners complimented staff for the report and addressed a couple of questions to Mr. Nguyen such as: 1) funding
for housing projects; 2) when the census data would be available; 3) would like to see a walking paths & bicycle paths around the Space Museum incorporating into the Downey Landing Specific
Plan (Tierra Luna). It was moved by Commissioner Morales, seconded by Commissioner Murray and passed by a unanimous vote of the Commissioners present, to forward the document to City
Council. VIII. ORAL COMMUNICATIONS: The Commissioners had the following comments and inquires: 1) Asked for updates on the “former Massey Cadillac” and the former World of Décor site;
2) Informed staff that the property at Lakewood and Firestone (behind Citibank) was in need of maintenance, again, and noted an area in need of upkeep along Paramount in front of Warren
High School; 3) Inquired if there were any plans proposed for the northeast corner of Florence Avenue and Paramount Boulevard, because that strip mall is in need of improvements; 4)
Inquired into any plan for the former Longs Drugs site in Downey Landing 5) Asked for a copy of last year’s annual report on police calls; 6) Any updates on the Gallatin/Lakewood corners?
Community Development Director Saeki fielded the Commissioners comments and inquires. In addition, Mr. Saeki informed the Planning Commission that John Perfitt, Assistant Community Development
Director, had accepted a position with another entity, a non-profit, and would be leaving the City in a couple of weeks. The Commission expressed their surprise and disappointment about
the loss, but wished him the best. X. ITEMS FOR FUTURE AGENDA: There were no other items discussed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission,
the Commission adjourned at 7:55 p.m., to June 1, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 1st day of June, 2011. 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 1st day of
June, 2011, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONER: ABSTAIN: COMMISSIONERS: Lujan NOES: COMMISSIONERS: Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community
Development\Planning Commission\Minutes\2011\May 18, 2011-Minutes.doc