HomeMy WebLinkAbout01. Aug 17, 2011 Draft Minutes
MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, AUGUST 17, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of
the Planning Commission was held August 17, 2011. After the Pledge of Allegiance to the Flag, Chairman Kiefer called roll at 6:30 p.m. II. COMMISSIONERS PRESENT: Louis Morales, District
3 Michael Murray, District 1, Vice-Chairman Hector Lujan, District 5 Ernie Garcia, District 4 Robert Kiefer, District 2, Chairman ALSO PRESENT: Yvette 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
Lujan and passed by a vote of 4-0-1, with Commissioner Morales abstaining, to approve the Minutes of July 20, 2011. IV. AGENDA CHANGES: William Davis, City Planner, noted there were
no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Davis reported the City Council actions from August 9, 2011 meeting, included the adoption of Ordinance No. 1288, prohibiting
the operation of Medical Marijuana dispensaries in the City of Downey. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: 1. CONDITIONAL USE
PERMIT No. 08-04, REVISION B Location: 11402 Old River School Road Owner/Applicant: Livingston Trust, c/o Duane Alstrom Authorized Agent: Blanca Melendez 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 six (6) month review for compliance with the conditions of approval for live entertainment at an existing restaurant (Habana Café) with alcohol sales (Type 47,
On-sale, General Eating Place), on property zoned C-2 (General Commercial). Chairman Kiefer opened the public hearing for Conditional Use Permit No. 08-04, Revision B. Ms. Donahue affirmed
proof of publication. Associate Planner, Jessica Flores, presented staff’s report and accompanying PowerPoint, providing a chronological synopsis of the Commission’s actions on this
property. Ms.Flores explained the PLANNING COMMISSION MINUTES, AUGUST 17, 2011 – PAGE 1
Page 2 PLANNING COMMISSION DRAFT MINUTES, AUGUST 17, 2011 – PAGE 2 applicant’s delay to complete the required condition of approval (improve the parking lot), according to Mr. Alstrom,
was due to problems getting the financing. She noted that his updated quote states the required improvement will cost $65,000. She noted that the City has determined the condition of
this parking lot to be a “public nuisance” and that the staff recommendation to the Commission is to review the following alternatives: 1) forward the problem to the Code Enforcement
Department. Ms. Flores noted that in discussion with the Code Enforcement Department, she was informed that, as an open and on-going case for two years, Code Enforcement would immediately
begin prosecuting the property; 2), begin revocation of the conditional use permit. However, this option would affect the tenant of the Habana Café, who has no control over the lack
of action of the property owner; 3) provide another extension; or 4) remove the condition as a condition of approval. Mrs. Yvette Garcia, City Attorney, informed the Commission that
revoking the conditional use permit is not an option, due to this condition being the property owner’s responsibility, not the business owner’s. Commissioner Murray inquired if staff
had seen the loan documents, of which the applicant has stated he has been denied. Mr. Flores responded that she had not seen any loan documents. Duane Alstrom, applicant, 39687 S. Old
Arena Dr., Tucson, Ca. addressed the Commission, providing the following additional information: He tried to secure a loan for the amount of the estimate, but because he has a first,
the loan would have to be unsecured; he is unable to secure $65,000 for the work. He explained to the Commission that making this a code enforcement issue would only cause more expense
and make it that much more difficult for the money to be secured. He stated that he did not believe the parking lot’s condition to be a nuisance, that he would be willing to repair and
re-slurry. He stated that the parking lot was not hazardous to patrons. Mr. Alstrom stated that he did not foresee when he could secure funding for this project. He noted that although
he does intend to perform the necessary upkeep. He would prefer the condition be removed, in order to take the pressure off him. Commissioner Garcia addressing Mr. Alstrom, stated that
he believed $65,000 sounded high for the work under consideration. He was informed that the City requires a two-inch (2”) overlay and grind down to match at curb. Addressing various
comments/questions from the Commission, Mr. Alstrom noted the following: the property has been in his wife’s family since it was built (1967); there are 16 tenant units; he has not filed
for a complete re-finance, and he does have equity in the property. The Commissioners discussed the various options: whether or not they could view the property’s income vs. debt; whether
they would provide more time to the applicant; to direct the applicant to obtain more bids; how to persuade the applicant the get the loan and have the work completed. Mr. Alstrom noted
that they plan to keep the property in the family and intend to keep it maintained. Chairman Kiefer asked staff if any correspondence had been received on this matter. Ms. Flores stated
that no correspondence had been received. Chairman Kiefer invited members of the audience to address the Commission on this matter. No one came forward at this time. There being no further
discussion, the public hearing was closed.
Page 3 PLANNING COMMISSION DRAFT MINUTES, AUGUST 17, 2011 – PAGE 3 Planning Commission discussion: Commissioner Lujan stated that he wanted to see the work progress; that too much time
has passed. He said that he wanted to see the applicant make efforts to comply. Commissioner Murray noted that he did not want the property owners delays to affect the Restaurant operator’s
business; that he realized funding may be tight, and the applicant may have to go outside the usual paths. Commissioner Garcia agreed that something must be done; some effort or good
faith shown by the property manager. Chairman Kiefer agreed, noting that in these economic times rents are down; but, he noted that the parking lot must be repaired and that it is the
responsibility of the property owner to do so. Chairman Kiefer stated that his preference would be to send the issue on to Code Enforcement. Some discussion ensued. It was suggested
that the applicant be given a 90-day notice/extension, with the direction that the matter is to be be resolved within this time period, or will be forwarded to Code Enforcement. Other
discussion involved the possibility of paving a section at a time, but that was ruled out due to grading issues. Also, if more time is granted, the Commission noted they wanted to closely
monitor the owners’ efforts to secure financing. Ms. Flores noted that in speaking with the Engineering Department, she learned that the least expensive means to repair the lot involved
“grinding down and pouring an overlay”. She suggested another discussion with Engineering to finalize those options. It was moved by Commissioner Morales, seconded by Commissioner Garcia
to grant the applicant a 3-month extension (to December 1, 2011), and if no action (either obtained financing or pulled permits) by this time the matter will be brought back to be re-analyzed
by the Commission. 2. PLN-11-00163 (CONDITIONAL USE PERMIT) Location: 12113 Woodruff Avenue Owner: Priscilla Arenas, Co Tr./c/o Juan Arenas Applicant: Dr. Felix L. Nunez/Family Health
Care Centers of Greater Los Angeles, Inc. 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 (Class 4, Minor Land Use Alterations). Request: A Conditional Use Permit request to establish and operate a medical care facility within
the M-1 and P-B (Light Manufacturing and Parking Buffer). Chairman Kiefer opened the public hearing for PLN-11-00163. Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant
Planner, presented staff’s report and accompanying PowerPoint. He explained that staff was able to support the requested Conditional Use Permit to establish and operate a medical care
facility by Family Health Care Center of Grater Los Angeles (FHCCGLA) Inc. He noted that the facility will be a non-profit that will provide health care services to uninsured and low
income individuals. Mr. Nguyen stated that the applicant has assured him that no pharmaceutical cocaine and/or narcotic drugs will be kept or stocked at the subject site. He noted that
this assurance has been included as a condition of approval. Anna Gutierrez, representing the applicant, 5827 Amos, Bell Gardens, Ca. stated that the company has been encouraged to expand,
and that a need for these services in Downey has been realized.
Page 4 PLANNING COMMISSION DRAFT MINUTES, AUGUST 17, 2011 – PAGE 4 Ms. Gutierrez also noted they have facilities in Hawaiian Gardens and Montebello; they employ three persons at each
facility and there will be two exam rooms. Commissioner Garcia stated that he thought it was a good service to be provided for those residents who could benefit. Commissioner Murray
noted that these services are available to low-income residents. Ms. Gutierrez added that the Federally-funded program is designed to benefit residents whom are unable to find available
services for chronic diseases such as hypertension, pre-diabetes; they will be open 20 hours a week, 8 am to 12 pm, and hope to increase their hours to 40/week. Chairman Kiefer asked
Ms. Gutierrez if she had reviewed and agreed to the recommended conditions of approval. Ms. Gutierrez responded, yes they agreed to the conditions of approval, noting they do not store
any narcotics on site. Chairman Kiefer inquired if any correspondence had been received on this matter. matter. Mr. Nguyen responded, noting that no correspondence had been received.
Chairman Kiefer invited members of the audience to address the Commission at this time. No one came forward to address the Commission on this item. Planning Commission discussion: The
Commissioners were in agreement that the facility would be a benefit to residents, noting there were no issues regarding parking, and the property was surrounded by commercial uses.
It was moved by Commissioner Garcia, seconded by Commissioner Murray and passed by a 5-0 vote, to adopt Resolution No. 11-2725, approving PLN-11-00163 (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. VIII. ORAL COMMUNICATIONS: Commissioner Morales asked staff what was planned for the Paramount Blvd. property, (between 5th and 7th), that was recently
fenced. Mr. Davis responded, that no plans had been received; however, there had been discussion over the years about a mixed use development. Commissioner Murray informed the staff
that the freeway off-ramp at 105 @Lakewood Boulevard was looking trashy. He also shared that he’d attended the 2nd Mayor Presents event August 11, titled “meet your elected officials.”
Congresswoman Roybal-Allard, Senator Lowenthal and Assemblyman Lara also attended, along with Mayor Marquez and Council Member Guerra. Each speaker spoke about what their office does
for the citizens and how they can be contacted. They also took a few of questions from the audience. Commissioner Garcia who had also attended, agreed it was a nice event. Chairman Kiefer
noted that the off-ramp at Paramount Boulevard and the 5 freeway also needs a cleanup. Commissioner Morales asked when the I-5 expansion would begin. Chairman Kiefer asked for an update
on their friend and former Commissioner Lambros.
Page 5 PLANNING COMMISSION DRAFT MINUTES, AUGUST 17, 2011 – PAGE 5 IX. OTHER BUSINESS: No Other Business was discussed. X. ITEMS FOR FUTURE AGENDA: No Future Agenda items were discussed.
XI. ADJOURNMENT: There being no further business to discuss, the Commission adjourned at 7:35 p.m., to September 7, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey,
Ca., APPROVED AND ADOPTED this 7th day of September, 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 7th day of September, 2011, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONER: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS:
Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Agendas\AGENDAS 2011 -PC\Aug 17\Aug 17, 2011-Minutes.doc