Loading...
HomeMy WebLinkAboutPC Minutes - 01/18/2012MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JANUARY 18, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held January 18, 2012. After the Pledge of Allegiance to the Flag, roll was called at 6: 30 p.m. II. COMMISSIONERS PRESENT: Ernie Garcia, District 4 Louis Morales, District 3 Michael Murray, District 1, Vice-Chairman Hector Lujan, District 5 Robert Kiefer, District 2, Chairman ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich, City Attorney William Davis, City Planner Jessica Flores, Associate Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Morales, seconded by Commissioner Lujan and passed by a 5-0 vote, to approve the Minutes of January 4, 2012, as presented. IV. AGENDA CHANGES: Chairman Kiefer noted staff’s request to take Public Hearing Item #3 out of order, and hear it first. It was moved by Commissioner Morales, seconded by Commissioner Murray and passed by a unanimous vote, to change the order of the agenda, and consider Public Hearing Item #3 first. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki reported the Planning-related actions of the January 10, 2012 City Council involved approving the applications for the Tierra Luna project; adopting a resolution certifying the Final Environmental Impact Repor t and introducing ordinances amending the Downey Landing Specific Plan and approving the Development Agreement. The City Council also took actions related to dissolving the Redevelopment A gency component of the Community Development Commission. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: 1. PLN-12-00002 (CONDITIONAL USE PERMIT) Location: 9441 Washburn Road Owner: John E. Kasunich Co Tr. Applicant: Daniel Graham 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 six (6) month review following the initiation and operation of a new ambulance service and storage (Liberty Ambulance, on property zoned M-1/PB (Light Manufacturing/Parking Buffer). PLANNING COMMISSION MINUTES, JANUARY 18, 2012 – PAGE 1 Page 2 Chairman Kiefer opened the public hearing for PLN-12-00002. Ms. Donahue affirmed proof of publication. Assistant Planner, Kevin Nguyen presented staff’s r eport and accompanying PowerPoint. He explained that the project was back before the Commission as required under Condition No. 2, of Resolution No. 11-2707, which approved the Conditional Use Permit on April 6, 2011. Mr. Nguyen stated that he had conducted various inspections at the site and he was satisfied with the operation. There were no violations of the terms of the approval. He stated that no complaints had been registered with the Planning Division or Code Enforcement Division during this interim as well. Mr. Nguyen stated staff’s recommendation is to allow the business to continue their operations uninterrupted and for the Commission to “Receive and File” this report. Tom Richards, Applicant’s representative and Chie f of Operations and Manager for Liberty Ambulance addressed the Commission. He stated that they have developed a good relationship with the Downey Fire Department and have maintained communications with the City staff. Chairman Kiefer asked staff for any correspondence that may have been received. Mr. Nguyen stated that no correspondence had been received. Chairman Kiefer invited members of the audience to address the Commission. Wishing to address the Commission on this matter: 1. Thomas Lopez, 12115 Cornuta Avenue informed the Commission that he had no opposition to the way the ambulance service has been operating. He noted that he had spoken with his neighbors as well, and they are all happy with how the business has been run. In addition, Mr. Lopez noted that he is pleased with their compliance with the stated conditions of approval and the ambulance service is providing a good service for the City. Mr. Lopez stated that he had been watching for this public hearing for the six month review. He noticed that the six month period followed the opening of the business, not six months from the date of approval. Commissioner Murray thanked Mr. Lopez for taking the time to come to the meeting and provide his testimony. Chairman Kiefer asked staff for their recommendation. William Davis, City Planner, stated staff would recommend the report be received and filed. Planning Commission comments: The Planning Commissioners indicated their support of the continued operation of the ambulance service, noting that they were pleased to hear th e good report from staff and from the residents. They stated there were no further concerns regarding this business, as long as the Applicants continue their current mode of operation. It was moved by Commissioner Murray, seconded by Commissioner Garcia and passed by a 5-0 vote to receive and file staff’s report. 1. PLN-09-7529 (GENERAL PLAN AMENDMENT/ZONE CHANGE/TENTATIVE PARCEL MAP/SITE PLAN REVIEW/CONDITIONAL USE PERMIT) Location: 12850 Woodruff Avenue Owner: 4 Prairie Inc. Applicant: Eduardo Porto Staff: David Blumenthal CEQA: As required by the California Environmental Quality Act (CEQA), a Negative Declaration has been prepared for the proposed project PLANNING COMMISSION MINUTES, JANUARY 18, 2012 – PAGE 2 Page 3 Request: 1. Adopt a Negative Declaration of Environmental Impact and recommend approval to City Council of a General Plan Amendment changing the Land Use Designation from Medium Density Residential and Neighborhood Commercial to General Commercial; and Zone Change from R1-5,000 (Single Family Residential) to C-2 (General Commercial). 2. Tentative Parcel Map to combine twenty-three (23) parcels into a single 2.64 acre lot; and Site Plan Review /Conditional Use Permit for the construction and operation of a 57,618 square foot, three-story hotel with 97 guest rooms. Chairman Kiefer opened the public hearing for PLN-09-7529. Community Development Director Saeki stated staff’s recommendation is to continue the matter to a date uncertain, noting that staff is talking with both the applicant/property owner and representatives of Calvary Chapel, and more time is needed to try to resolve issues. It was moved by Commissioner Murray, seconded by Commissioner Garcia and passed by a unanimous vote, to continue the public hearing for PLN-09-7529 (General Plan Amendment/Zone Change/Tentative Parcel Map/Site Plan Review/ and Conditional Use Permit), to a date uncertain. 2. 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 the review of Conditional Use Permit No. 08-04, Revision B. Ms. Donahue affirmed proof of publication. Associate Planner, Jessica Flores presented staff’s report, noting that the applicant had failed to provide any additional information since the Commission’s meeting of August 17, 2011; therefore, staff is recommending the matter be forwarded to the City’s Code Enforcement Division for further follow-up. She outlined the following options for the Planning Commissioners: 1) Forward to Code Enforcement Division to begin prosecution of the property owner due to his lack of compliance; 2) Remove Condition No. 16 from Resolution No. 09-2599 for Conditional Use Permit No 08-04, Revision B (PLN-10-08149) which required repairs to the subject property’s par king lot; or 3) Provide the property owner additional time, so that he may provide proof of financing and compliance with Condition No. 16. Chairman Kiefer asked how the matter would be handled if forwarded to Code Enforcement. Ms. Flores responded, due to the length of time that this matter has been under discussion, the Code Enforcement team would require compliance immedi ately. Community Development Director Saeki added, the enforcement officers would outline the time allowed for Mr. Alstrom, in written correspondence. He added that 95% of the time violators prefer to get the work done prior to large fines being imposed. PLANNING COMMISSION MINUTES, JANUARY 18, 2012 – PAGE 3 Page 4 Commissioner Morales asked staff when they had last communicated with the applicant. Ms. Flores responded that she had spoken with Mr. Alstrom last week. She emphasized that the applicant had been in regular communications with her, but due to a loss in the family and necessary roof repairs to the building, they had been unable to progress with the parking lot repairs. She noted that Mr. Alstrom had stated that they intend to complete the job by the end of summer. Chairman Kiefer asked for any correspondence on this matter. There had been no correspondence. Chairman Kiefer invited members of the audience to address the Commission. Celina Fender stated that she was in escrow to purchase the restaurant on site, but had not had communications with the property owner yet. However, she intended to do so and to ask about the problem. Commissioner Murray responded that the onus of the repairs was with the property owner. Planning Commission discussion: Commissioner Morales stated he felt the applicant has had enough time to complete the repairs. He noted that the Commission had asked that the applicant to provide some written documentation to show the financing for the improvements had been secured, or permits pulled. He stated that the Commission had exhausted their means to allow any further continuances. He hoped this action would let the applicant know the City wants him to move forward with the improvements. Chairman Kiefer stated that the Commission understands the difficulties involved with financing a large improvement; but the parking lot is in bad condition and it is the responsibility of the property owner to keep it in good repair. He stated that the parking lot is a hazard for patrons. Commissioner Murray stated that he doesn’t enjoy having to make this decision, but believes that the condition of the parking lot is a safety issue. Commissioner Lujan agreed, noting that the Commission had asked for some form of written status showing the applicant’s progress, but all they have received for the last two meetings is verbal statements. He emphasized the importance of safety. Chairman Kiefer agreed, noting the Commission is looki ng at more than the aesthetics in this situation. It was moved by Commission Lujan, seconded by Commissioner Morales and passed by a 5-0 vote, to initiate Code Enforcement action to meet this requirement. 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 Garcia asked if the City had heard anything happening with the Sambi’s property. Mr. Saeki responded that the property was in bankruptcy. Mr. Saeki also shared that the Verizon building along Firestone Boulevard had been demolished, in order to help market it. He stated that the property is deceptive in terms of its scope and depth, not appearing to be so deep and large until after the building was removed. PLANNING COMMISSION MINUTES, JANUARY 18, 2012 – PAGE 4 Page 5 IX. OTHER BUSINESS: Election of Officers Chairman Kiefer opened the floor to receive nominations for Chairman. Commissioner Garcia nominated ‘ Michael Murray for Chairman. Commissioner Lujan seconded. There were no further nominations. Chairman Kiefer closed the nominations. The vote was unanimous. Chairman Kiefer opened the floor to receive nominations for Vice-Chairman. Commissioner Murray nominated Louis Morales for Vice-Chairman. Commissioner Garcia seconded. There were no further nominations. Chairman Kiefer closed the nominations. The vote was unanimous. X. ITEMS FOR FUTURE AGENDA: None. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:05 p.m., to February 1, 2012 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. APPROVED AND ADOPTED this 1st day of February, 2012. Michael Murray Michael Murray, 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 February, 2012, by the following vote: AYES: COMMISSIONERS: Kiefer, Garcia, Morales, Murray ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commi ssion\Minutes\2012\Jan 18, 2012-Minutes.doc PLANNING COMMISSION MINUTES, JANUARY 18, 2012 – PAGE 5