HomeMy WebLinkAboutPC Minutes - 05/18/2011MINUTES
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 t heir 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
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., Norw alk, 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. Gonsal ves 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.
PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 2
Page 3
Some discussion followed whereby Mr. Davis explained that his inspection of the property revealed
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 on-
site. 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.).
PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 3
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 pr oposed 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.
PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 4
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.
PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 5
Page 6
feet, where the maximum allowed would be 82.5 sq. ft. (1/2 the primary sign); 2) propose two multi-
tenant 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 a ccepted 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 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 review ed 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.
PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 6
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 Cad illac” 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 F OR 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.
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 1st day of June, 2011, by the following vote:
AYES: COMMISSIONERS: Garcia, Murray, Kiefer
ABSENT: COMMISSIONER: Morales
ABSTAIN: COMMISSIONERS: Lujan
NOES: COMMISSIONERS: None
Theresa Donahue
Theresa Donahue, Secretary
CITY PLANNING COMMISSION
H:\Community Development\Planning Commission\Minutes\2011\May 18, 2011-Minutes.doc
PLANNING COMMISSION MINUTES, MAY 18, 2011 – PAGE 7