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HomeMy WebLinkAboutPC Minutes - 06/15/2011MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JUNE 15, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A regular meeting of the Planning Commission was held June 15, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: Hector Lujan, District 5 Louis Morales, District 3 Michael Murray, District 1, Vice-Chairman Robert Kiefer, District 2, Chairman COMMISSIONERS ABSENT: Ernie Garcia, District 4 ALSO PRESENT: William Davis, City Planner Yvette M. Abich Garcia, City Attorney David Blumenthal, Senior 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 4-0-1 vote, with Commissioner Garcia absent, to approve the Minutes of June 1, 2011, as presented. IV. AGENDA CHANGES: Chairman Kiefer inquired of staff if there were any changes to the agenda. William Davis, City Planner, stated a correction on the agenda under Adjournment, noting the meeting would be adjourned to its next regular ly scheduled meeting, July 6, 2011. V. REPORT ON CITY COUNCIL ACTION: No report provided. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar Items. VII. PUBLIC HEARING ITEMS: 1. PLN-11-00088 (CONDITIONAL USE PERMIT) Location: 10901 Florence Avenue Owner/Applicant: Southern California Edison Authorized Agent: Aaron Anderson Staff: Jessica Flores CEQA: As required by the California Environmental Quality Act (CEQA), a Negative Declaration of Environmental Impact has been prepared for this application and is available for review. Request: A requested Conditional Use Permit to install, maintain and operate a new wireless telecommunication facility located on an existing Southern California Edison high voltage transmission tower (9 antennae) and the installation of six (6) equipment cabinets located beneath the tower, on property zoned C-2 (General Commercial). Chairman Kiefer opened the public hearing for PLN-11-00088 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, JUNE 15, 2011 – PAGE 1 Page 2 Associate Planner, Jessica Flores, presented staff’s report and accompanying PowerPoint, noting the nd following: 1) A correction in the staff report cover page, 2 line of Subject; change from “Resolution” to “Declaration”; 2) Due to a restriction by Edison, irrigation lines cannot be installed under the high tension wires; therefore staff recommends modifying Condition No. 7, from “mature plant materials” to “minimum 6-foot tall block wall”. Commissioner Murray stated concerns regarding the aesthetics of the additional antennas as viewed by residents in the area. Paul Gerst, Sequoia Deployment Services, Inc., One Venture, Irvine, Ca. 92618 addressed the Commission. Mr. Gerst indicated that the antennas will be painted a light grey, to match the existing tower, in order to help mitigate the visual impact. In addition he pointed out the lattice-like structure of the tower will also help to stealth the new array. Mr. Gerst also stated that he accepted the recommended conditions of approval, as well as the suggested modification to Condition No. 7. Commissioner Murray re-stated his concerns regarding the aesthetics of the additional cell antennas. Mr. Gerst explained that the new antennae array would be only slightly visible to traffic departing the City (eastbound) along Florence Avenue. He also pointed out that this site selected is an existing Edison corridor. They had considered alternate locations but each of those sites would require a new cellular structure and would be visible to traffic traveling either direction along Florence Avenue. It was their determination that the proposed site would be the least intrusive. He noted that they would not be able to reach their desired coverage if they were to place the antennas further north within the Edison corridor. Responding to other questions/concerns, Mr. Gerst added: the facility would require maintenance about 3-4 times per year, unless improvements were required. The noise generated by the structure would be limited to the air-handler s and would not be heard beyond the site’s property lines. There being no further comments, Chairman Kiefer closed the public hearing. Commission discussion: Chairman Kiefer noted another Edison tower off Im perial Highway and the 605 freeway in which the antennas were fairly well stealthed. Staff noted that those panels are also visible from the freeway. Commission Kiefer stated that the Edison corridor was a good location for the antennas, and he preferred collocating at this site over building a brand new structure in the same general radius. He also noted the CEQA determination to be less than significant. Mr. Davis, noted that the antennae approved off Imperial Hwy/605 freeway had been approved by the Commission 10 years earlier. Although the antennas ar e visible from Imperial Highway, they blend in with the fabric of the equipment. He was not aware of any complaints regarding these antennas. Commissioner Morales inquired how far the antennas will protrude from the tower, and was informed that the antenna structure will be placed 32-feet high on the 52-foot structure, has a 4” protrusion, with a 5 to 6-foot spread, and will be setback 330-feet from the property line. Commissioner Morales stated his agreement with Commissioner Kiefer, pointing out that the site is already an Edison corridor. It was moved by Commission Morales, seconded by Commissioner Lujan and passed by a vote of 4- 0-1, with Commissioner Garcia absent, to adopt Resolution No. 11-2717, modifying Condition No. 7, to replace landscaping with a block wall. 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, and within the specified time period as set forth in the City’s Ordinance. PLANNING COMMISSION MINUTES, JUNE 15, 2011 – PAGE 2 Page 3 2. PLN-11-00069 (CONDITIONAL USE PERMIT) Location: 12348 Paramount Boulevard Owner/Applicant: Archdiocese of Los Angeles Authorized Agent: Justin Robinson 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 Conditional Use Permit request by AT&T Wireless Communications to install 12 antenna panels at a height of 47’-4” within an existing 61’-3” tall church (St. Raymond’s) bell tower and locate the related equipment cabinets with an equipment shelter constructed adjacent to the tower on property zoned R1-5,000 (Single Family Residential). Chairman Kiefer opened the public hearing for PLN-11-00069 (CUP). Ms. Donahue affirmed proof of publication. Commissioner Lujan stated that he would not participate on this matter due to a potential conflict of interest (his son attends the school), stepped down from the dais, and left the Council Chamber. Assistant Planner, Kevin Nguyen, presented staff’s report and accompanying PowerPoint. Mr. Nguyen noted that the bell tower would not change its appearance with the antennas located within the tower. The equipment cabinets would be a new structure constructed on the ground, adjacent to the bell tower, and would be painted to match the color of the bell tower. Justin Robinson, AT&T Mobility Services, 1750 Ocean Blvd, Long Beach addressed the Commission. He affirmed that Mr. Nguyen’s presentation was accurate; that the only visible change on site would be the equipment enclosure, with will be painted to match. In addition, he noted that the only visible physical change besides the equipment enclosure is that the existing statue located easterly will be lowered below the architectural band, so it is not in front of the antennas. Chairman Kiefer inquired about the potential for noise and scheduled maintenance. Mr. Robinson responded that the noise handlers have a slight noise, but the condenser units are screened and the noise is directed up and away. He noted that maintenance is usually about once a month and occurs between 11 p.m. and 4 a.m. Commissioner Murray asked to clarify the noise. Mr. Robinson compared the noise to that which an air conditioning unit would emit. Commissioner Murray asked about the radioactive and electromagnetic waves that the antennas produce. Yvette Garcia, City Attorney, stated that the Federal Communications Commission (FCC) is the regulating body and have addressed this matter in courts and determined that this was not an area that cities were able to address. She noted that the applicant would need to get their project approved with the FCC. Chairman Kiefer inquired of Mr. Robinson if the church was aware of the level of noise that would be generated. Mr. Robinson affirmed that they had been fully inform ed. In addition, Mr. Robinson stated that he had reviewed and agreed to the recommended conditions. PLANNING COMMISSION MINUTES, JUNE 15, 2011 – PAGE 3 Page 4 Chairman Kiefer asked staff for any correspondence. Mr. Nguyen stated that no correspondence had been received. Chairman Kiefer invited members of the public to address the Commission at this time. Eric Landesfeind , 3629 Senasac Avenue Long Beach, representing St. Raymond’s church as parish administrator, stated that they had been informed of the anticipated level of noise. Mr. Landesfeind explained that the proposed site was off the parking lot and not a gathering area. There being no further questions, Chairman Kiefer closed the public hearing. The Planning Commissioners indicated that they supported the request because there would be no visible impact; no negative issues were apparent and it would benefit the church. It was moved by Commissioner Morales, seconded by Commissioner Murray and passed by a 3-0-1-1 vote, with Commissioner Garcia absent and Commissioner Lujan abstaining, to adopt Resolution No. 11- 2718, approving PLN-11-00069 (Conditional Use Permit), 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. Commissioner Lujan returned to the Chamber and took his seat on the dais. 3. PLN-11-00091 (CONDITIONAL USE PERMIT) Location: 12056 Paramount Boulevard Owner/Applicant: Chad J. Dohrman/Dohrman Construction, Inc. Authorized Agent: Agostino Costa/Café Corleone 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 Conditional Use Permit request to allow the sale of alcohol beverages (Type 47 – On Sale, General Eating Place) at a new restaurant, on property zoned C-1 (Neighborhood Commercial). Chairman Kiefer opened the public hearing for PLN-11-00091(Conditional Use Permit). Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff’s report and accompanying PowerPoint. He indicated staff’s recommendation is for approval, as per the attached Resolution No. 11-2719. Mr. Nguyen stated recommended hours of operation would be until 11 p.m. Monday thru Thursday and until 12-Midnight Friday through Sunday (Condition #2). Staff also recommends that that alcohol sales stop one (1) hour before closing time (Condition #3). Commissioner Murray asked to clarify Condition #3. Mr. Nguyen noted that the applicant would prefer later hours, closing at Midnight Monday through Thursday and 1:30 a.m. Friday through Sunday. Rich Capelli, 1259 Ryan, Bellflower, representing the Costa Family, along with Mrs. Alicia Costa, 15337 Paramount Blvd, Paramount, addressed the Commission. Mr. Capelli noted that he has worked as manager for Stox for 32 years and stated that Downey was fortunate to have this excellent Italian restaurant come to Downey. He addressed the recommended conditions of approval by asking for PLANNING COMMISSION MINUTES, JUNE 15, 2011 – PAGE 4 Page 5 clarification of Condition #4, which restricts banquet activities. He noted that a portion of their business comes from group reservations. Mrs. Costa added that they decided to open in Downey because 60-70% of the customers at their current restaurant are from Downey and always ask when they ’ll open one in Downey. Mrs. Costa stated that many customers have suggested she provide a banquet room; therefore she included one in her building plans; she designed the restaurant with a bar, which had been approved by the City. Mrs. Costa informed the Commission of the numerous times their restaurant had been acknowledged for excellence. Addressing Condition #3, Mrs. Costa thought it was too restrictive to not allow alcohol sales one hour before closing on the week-end. She that it be extended to 12:30, but accepted the times for the week days. Mrs. Costa told the Commission that duri ng their 45 years of carrying an ABC license, they had never had a violation. Chairman Kiefer responded, noting staff had cited a concern due to proximity to residential properties. He referred to staff for further clarification. Senior Planner, David Blumenthal provided staff’s response, noting that as long as the restaurant remains open to the public, banquet-type activities may occur. He also mentioned that the bar facility is acceptable. Staff provided modified language to state that the restaurant must remain open during banquet and bar activities. Mrs. Costa accepted the changes. She also stated that 60-70% of their sales were for food, while 30- 40% was alcohol-related. In addition, the kitchen will remain open at all times. Responding to questions from the Commission, she noted that their current restaurant is in Paramount. In addition to Italian food, they provide American food, including steaks. Mrs. Costa said it is their intent “to put Downey on the map”. She stated her acceptance of all remaining conditions of approval. Chairman Kiefer asked staff for any correspondence received on this matter. Mr. Nguyen stated that no correspondence had been received. Chairman Kiefer invited members of the audience to address the Commission on this matter. No persons came forward at this time. Chairman Kiefer closed the public hearing. Commission discussion: The Commissioners addressed hours of operation (Condition #2), as well as the Condition No. 3, that alcohol not be served the last hour before closing. They indicated they had no concerns with the banquet and bar facility design. Some discussion ensued in regards to these topics. They compared the restrictions of alcohol sales for the proposed restaurant to other Downey restaurants (Shakey’s). The Commissioners agreed to amend Condition No. 4 to permit use of the banquet & bar as part of the restaurant’s regular activities while the restaurant remains open to the public, and to strike Condition #3 (which limited alcohol sales one hour prior to cl osing). The hours of operation were not modified. It was moved by Commissioner Murray, seconded by Commissioner Lujan and passed by a vote of 4-0- 1, with Commissioner Garcia absent, to adopt Resolution No. 11-2719, approving PLN-11-00091 (Conditional Use Permit), amending Condition No. 4 to permit use of the banquet & bar as part of the restaurant activities while the restaurant remains open to the public, and to strike Condition #3, which limited alcohol sales one hour prior to closing. 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. PLANNING COMMISSION MINUTES, JUNE 15, 2011 – PAGE 5 Page 6 4. PLN-11-00125 (SITE PLAN REVIEW) Location: 9715 Firestone Boulevard Owner/Applicant: City of Downey Authorized Agent: Paul Antepara/Champion Fiat 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 requested Site Plan Review to construct a 3,038 sq. ft. addition to an existing 12,129 sq. ft. building for Champion Fiat and a General Plan consistency allowing the City to sell the subject site, on property zoned C-2 (General Commercial). Chairman Kiefer opened the public hearing for PLN-11-00125 (Site Plan Review). Ms. Donahue affirmed proof of publication. Senior Planner David Blumenthal presented staff’s report and accompanying PowerPoint, noting the proposed materials and colors for the proposed 3,000 square foot showroom for Downey Fiat dealership. He also reviewed the on-site improvements that sta ff was recommending which include: paint the building, slurry seal the parking lot and repair fencing on the north side of the lot, screening from the park; provide a 20’-wide fire lane, and a secondary fire access from the north side of the lot. He stated that the applicant would have two years to complete the secondary fire access. Mr. Blumenthal stated that because the property is owned by the City, the Commission must find the sale of the property consistent with the General Plan. He stated that two actions are required: 1) Adopt a Resolution approving the Site Plan Review; 2) Adopt a Minute Action finding the sale of the property is consistent with the General Plan. Chairman Kiefer asked for clarification of the general plan consistency finding. Senior Planner Blumenthal noted that the City finds the sale of the property is consistent with the General Plan (as cited in staff’s report, page 8), whereby the property has a General Plan Land Use Designation of General Commercial which allows for a full range of commercial uses including shopping centers, automobile dealerships, hotels, offices, and automobile repairs. In addition he noted in the report that a policy of the General Plan (Policy 9.3.1) states “to balance the maximization of revenue generation with costs for providing services.”, which is implement ed by General Plan Program 9.3.1.3 that states “Encourage the growth and establishment of industries that generate local point-of-sale tax advantages. Commissioner Murray noted his support of the request, but inquired about the lack of landscaping. Mr. Blumenthal responded that due to the existing , nonconforming situation, landscaping improvements are not required. Commissioner Lujan noted that the asphalt looks bad. Mr. Blumenthal responded there is a requirement that they slurry seal the parking lot. Arlan Tarhan, retail development consultant for Champion Fiat, 1953 Caddington Drive, Rancho Palos Verde, Ca. 90275, addressed the Commission, noting that they planned to improve the site to be conducive as a car dealership. They also intend to remodel the Chrysler-Jeep site. Mr. Tarhan stated his agreement with the recommended conditions of approval. Chairman Kiefer asked if staff had received any correspondence. Mr. Blumenthal stated that no correspondence had been received. Chairman Kiefer invited members of the audience to address the Commission. No one came forward at this time. PLANNING COMMISSION MINUTES, JUNE 15, 2011 – PAGE 6 Page 7 Chairman Kiefer closed the public hearing. The Commissioners stated that they welcome the Fiat dealership coming to Downey; they look forward to the improvements for the site, and they are in support of the project. It was moved by Commissioner Morales, seconded by Commissioner Murray and passed by a vote of 4- 0, with Commissioner Garcia absent, to adopt Resolution No. 11-2720, approving PLN-11-00125 (Site Plan Review). It was moved by Commissioner Morales, seconded by Commissioner Murray to adopt a Minute Action finding the property consistent with the General Plan. 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. Commissioner Lujan expressed Father’s Day greetings to his fellow Commissioners. 2. Commissioner Morales noted there was a meeting for TLC (Tender Loving Care) to be held June 17 at 9 a.m. at Lewis Elementary School. 3. Chairman Kiefer commended the Code Enforcement t eam for their successful efforts; noting they have a tough job. IX. OTHER BUSINESS : Presentation of Census 2010 by Senior Planner, David Blumenthal Senior Planner Blumenthal presented a PowerPoint highlighting data from the 2010 Census. X. ITEMS F OR FUTURE AGENDA: No future agenda items were addressed. XI. ADJOURNMENT: There being no further business to discuss, the Planning Commission adjourned at 8:10 p.m., to July 6, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 6th day of July, 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 July, 2011, by the following vote: AYES: COMMISSIONERS: Lujan, Morales, Murray, Kiefer ABSENT: COMMISSIONER: Garcia ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Agendas \AGENDAS 2011 - PC\June 15\June 15, 2011-Minutes.doc PLANNING COMMISSION MINUTES, JUNE 15, 2011 – PAGE 7