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HomeMy WebLinkAboutPC Minutes - 06/01/2011MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JUNE 1, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held June 1, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: Ernie Garcia, District 4 Michael Murray, District 1, Vice-Chairman Hector Lujan, District 5 Robert Kiefer, District 2, Chairman COMMISSIONER ABSENT: Louis Morales, District 3 ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich Garcia, City Attorney David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Murray, seconded by Commissioner Garcia and passed by a 3- 0-1-1 vote, with Commissioner Lujan abstaining, and Morales absent, to approve the Minutes of May 18, 2011. Prior to the vote, Chairman Kiefer addressed a matter from the previous meeting: the condition of the parking lot for the property 8828 Imperial Highway (PLN-11-00074-Conditional Use Permit). Chairman Kiefer noted that he had inspected the property sometime after the meeting and could now agree with staff’s position and wished to make it a matter of record that the parking lot in front of the proposed barber shop was in need of improvement. IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki stated that the City Council, during their regular meeting held May 24, 2011, adopted a Resolution denying the appeal and upholding the Planning Commission’s decision to allow the expansion of Conditional Use Permit No. 08-62 (PLN-10-08161), thereby in creasing the number of participants at an adult daycare facility (AltaMed) from 127 to 160, on property located at 12130 Paramount Boulevard, zoned C-2 (General Commercial). VI. CONSENT CALENDAR ITEMS: 1. General Plan consistency finding to determine that disposing of the 16-space City-owned parking nd lot on 2 Street (AIN:6254-020-902), located next to the former Verizon building, conforms to the City’s General Plan (Vision 2025). Community Development Director Saeki provided the report and accompanying PowerPoint to the Commissioners, which included a review of the actions which had been required to approve the proposed housing project, both by the Planning Commission and City Council. He noted that the project involves the City-owned public parking lot under discussion, and that State Law mandates that the Commission (“planning agency”) report on the conformity to the G eneral Plan of any such property that is being disposed of. He stated that the staff report provides in what ways disposing of the parking lot to make way for the “View” is consistent with several goals and policies in the Housing Element of the General Plan. PLANNING COMMISSION MINUTES, JUNE 1, 2011 – PAGE 1 Page 2 He then reviewed the site plan and other PowerPoint exhibits that showed the property under discussion, and how the parcel would be reconfigured into a 10-foot wide drive aisle adjacent to the housing project’s property line, conveying the balance of that existi ng parking lot to the City’s Community Development Commission. The property would then be transferred to National CORE in order to develop the 50-unit project. Mr. Saeki pointed out that alternative public parking is located across the street (less than 50 feet away), and along Downey Avenue and Second Street. He noted that those businesses have been aware that this project would cause the loss of those spaces; that this was not new information to them. Chairman Kiefer invited members of the audience to address the Commission on this matter. No one came forward to address the Commission. Chairman Kiefer asked to affirm that the matter had been noticed. Ms. Donahue noted that Consent Calendar items do not require advertising in the p aper. Community Development Director Saeki added that the item was provided standard noticing requirements, 72-hour notice via the posted agenda. Chairman Kiefer inquired into the specifics relating to the proposed property disposal and the loss of parking for those businesses along Downey Avenue, adjacent to the parking lot; such as the negotiations between those property owners. He st ated his concern is that the business operators be familiar with this portion of the project. Mr. Saeki stated that the business owners/operators were all well aware of the details of the project and its impacts to their businesses. Chairman Kiefer closed the public hearing. Commission discussion: Commissioner Lujan said that he was ok with the proposal, but wanted to make sure the drive aisle (alley) would be sufficiently wide for the types of truck traffi c that would service those businesses along Downey Avenue. Mr. Saeki noted that the 10 to 11 foot wide drive aisle is provided in other locations in the City, and although the drive aisle is not of full alley width (20-feet), it would allow one-way through traffic, noting that those businesses (dry cleaning, shoe store, etc.) ty pically would not require large truck deliveries. Chairman Kiefer expressed his concern that thos e business owners (along Downey Avenue) would suffer from the loss of parking, and wished the Commission had been presented with this portion of the request when they considered the Site Plan Review in October (2010). Chairman Kiefer stated that the Commission is entrusted with determining that the action conforms to the City’s General Plan and that while he did not dispute that the transfer of the property will encourage the implementation of in-fill development and housing for all segments of the City, he believed that the disposal of this property may create a hardship for the three to five businesses located in the area. Chairman Kiefer stated that the General Plan also calls for the development and growth of businesses in the downtown. He stated his concern, that those businesses have room to grow, and where is the lost parking being made up. He said he’d like to table the matter until those business owner are contacted and the City receives and responds to their concerns. Chairman Kiefer also emphasized that he does support the “View” housing project, but is concerned that this project, in its current plan, might be too large for the site. Commissioner Garcia inquired if the housing project provided sufficient parking on-site. Community Development Director Saeki responded, noting: 1) The housing project does provide adequate parking on-site. 2) He understands Chairman Kiefer’s concerns and in addition to the parking across the street, the City has 22 additional public parking spaces nearby, next to the Theatre. 3) The City is working with the landowner to the east to acquire that entire parcel to make it provide additional public parking. PLANNING COMMISSION MINUTES, JUNE 1, 2011 – PAGE 2 Page 3 Commissioner Murray commented that although the disposal of this property will be an inconvenience to the adjacent businesses, they are aware of the proposal and didn’t show up (tonight). He noted that he had even spoken to one of them personally. Commissioner Murray noted that he did not want to impede the progress of the project; that the project was just too big. He pointed out that those businesses along Downey would benefit from the 50-plus residents that would be living at the facility. It was moved by Commissioner Murray, seconded by Commissioner Garcia and passed by a vote of 3- 1-1, with Commissioners Garcia, Murray and Lujan voting “Yes”, Commissioner Morales absent, and Chairman Kiefer voting “No”, to adopt a Minute Action, finding the disposal of the City-owned property to be in conformance with the General Plan. VII. PUBLIC HEARING ITEMS: 1. PLN-11-00005 (PLANNED SIGN PROGRAM) Location: 9400-9436 Firestone Boulevard Owner/Applicant: Farsam Samadi, Farsam Capital Group LLC Authorized Agent: Sean Samadi, Farsam Capital Group LLC 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 requested Planned Sign Program to approve the size, location and appearance of the signs within a multi-tenant commercial shopping center on property zoned C-2 (General Commercial). Chairman Kiefer opened the public hearing for PLN-11-00005 (Planned Sign Program). Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff’s report and accompanying PowerPoint. He indicated staff was able to support the request as requested, since the only change to the existing monument signs will be the number of tenants on the sign will increase from two to six on each of the two monument signs shown on the site plan and labeled numbers 1 & 4. Chairman Kiefer clarified the height of the (existing) monument signs is eight (8’) feet, including the base and it will not be structurally modified. Sean Samadi, applicant’s agent addressed the Commission, noting that staff had provided the report accurately and he had nothing more to add. He stated that it was their intent to provide better visibility of the existing tenants to the street traffic along Fi restone Boulevard and Woodruff Avenue. Mr. Samadi stated that he had read and agreed to all recommended conditions of approval. Chairman Kiefer asked staff if any correspondence had been received on this matter. Mr. Nguyen responded, one letter had been received and had been includ ed in staff’s report. It did not, however, address any actual concerns related to the sign request. Chairman Kiefer invited members of the audience to address the Commission. No one came forward at this time. Planning Commission discussion: Commissioner Murray stated that he supported the requested sign changes, noting it falls within the Code. He commented that he was disgusted by the correspondence from the resident which had been included in the Commissioners’ packets, whereby he made racial slurs against persons of Iranian, Iraqi, Palestinian descent, based on the name of the applicant. He stated that he has family with Middle Eastern descent and found this person’s comments very offensive. PLANNING COMMISSION MINUTES, JUNE 1, 2011 – PAGE 3 Page 4 Commissioners Garcia and Lujan echoed their support. Chairman Kiefer stated that he was in favor; believed the signs would enhance the property and provide additional marketing support. It was moved by Commissioner Lujan, seconded by Commissioner Murray and passed by a vote of 4-0-1, with Commissioner Morales absent, to adopt Resolution No. 11-2714 approving PLN-11-00005 (Sign). 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-11-00107 (SPECIAL EVENT) Location: 10830 Downey Avenue Owner/Applicant: Saint George Greek Orthodox Church, Inc. Authorized Agent: Christina Davilas 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 Alterations to Land). Request: A requested Special Event to allow an annual carnival, which will include: kids’ zone, music and dance performances, along with a variety of food and alcoholic beverages at the Saint George Greek Orthodox Church for Saturday, June 4 and Sunday June 5, on property zoned DDSP (Downtown Downey Specific Plan). Chairman Kiefer opened the public hearing for Special Event, PLN-11-00107. Ms. Donahue affirmed proof of publication. Assistant Planner, Kevin Nguyen presented staff’s report and accompanying PowerPoint for the proposed annual carnival and noted staff supported the requested special event with the conditions of approval as provided in the attached Resolution, No. 11-2715. Mr. Nguyen pointed out additional nearby parking lots that had been secured that have been provided near to the site. In addition, he noted that three on-site security personnel would be attendance. Christina Davilas, 10925 Pangborn Avenue, Downey addressed the Commission. She stated that she had nothing to add, other than that they had no problems or complaints made to the police at last year’s event. In addition she responded that they had reviewed staff’s recommendation and conditions of approval, and she stated they were in agreement. She affirmed that their annual event has gone on for 30 years. Commissioner Murray reminded Ms. Davilas that it is requested that church staff pick up trash after attendees depart. Ms. Davilas fully agreed. She added that they have letters from the neighboring churches to allow their patrons to use those parking lots. Chairman Kiefer asked if any correspondence had been received. Mr. Nguyen stated that no correspondence had been received on this item. Chairman Kiefer invited members of the audience to address the Commission. There were no persons coming forward at this time. Chairman Kiefer closed the public hearing. PLANNING COMMISSION MINUTES, JUNE 1, 2011 – PAGE 4 Page 5 Commissioner comments: The Commissioners were in agreement that the festiv al has been an enjoyable event for the community; that potential concerns seem to have been addressed; that the good food is something they look forward to; that the facility is clean and enjoyed by family and friends; and the community was fortunate to be able to enjoy it each year. It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a vote of 4-0-1, with Commissioner Morales absent, to adopt Resolution No. 11-2715, approving PLN-11-00107 (Special Event). 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-11-00098 (CONDITIONAL USE PERMIT) Location: 9968 Lakewood Boulevard Owner/Applicant: Kitsigianis Properties, LLC Authorized Agent: Flower Huizar 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 Conditional Use Permit request to establish a tanning salon business on property zoned C-2 (General Commercial) Chairman Kiefer opened the public hearing for PLN-1-00098 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. Commissioner Murray stated that due to a potential conflict of interest (proximity to his business), he would be abstaining on this item. He stepped down from the dais and left the Council Chambers. Senior Planner, David Blumenthal, presented staff’s report and accompanying PowerPoint. He noted that staff was able to make findings in a positive manner to support the requested Conditional Use Permit to allow a tanning salon at the subject site, with the condi tions of approval that are attached as Exhibit A of Resolution No. 11-2716. Mr. Blumenthal stated that one of the conditions addresses limiting the noise impact to neighboring residential, by requiring that the rear door remain closed. He also explained that the on-site parking is sufficient, and with the requested use, the demand on parking is actually reduced. Mr. Blumenthal pointed out a clarification in the language for Condition No. 10, which reads, “No more than one person shall be allowed in the tanning room at any given time. This shall not apply to an employee who is instructing a customer on how to use the equipment while the room is open”. He asked to add, “during maintenance or repair, in cases of emergency, or within the manual tanning room.” Chairman Kiefer inquired if the tanning salon was associated at all with the foot massage business in the same center. Mr. Blumenthal responded that they were not related. In addition, he noted that the same applicant had secured an approval for the center off Gallatin and Lakewood, but those negotiations fell through. The applicant’s representative, Porietsio Servano, 151-1/2 E. Rowland, Covina addressed the Commission. He stated that he accepted the modification to Condition No. 10. He also asked to clarify if the City was using the 2007 Fire Code, as stated in the report, or the 2010 Fire Code? PLANNING COMMISSION MINUTES, JUNE 1, 2011 – PAGE 5 Page 6 Mr. Blumenthal affirmed that the City was using the 2007 State Fire Code at this time. Chairman Kiefer inquired into whether the applicant has any other tanning salons in the City. Mr. Servano responded, to the best of his knowledge, this is her first salon in Downey. Speaking from the audience, George Cervantes stated that this is Ms. Huizar’s first salon. Chairman Kiefer asked for correspondence. Mr. Blumenthal said there was no correspondence. Chairman Kiefer invited members of the audience to speak, either in favor or opposition. Representing the owner, Jim Gotses, 24756 Persieus Ct., Mission Viejo, leasing agent for the property addressed the Commission. He noted that he had been working with the applicant for the past six months and he believed she was capable and would make a good tenant. He stated that they have been operating at 70% tenancy, but that they have been picking up traction lately. He said that they were very pleased to have Ms. Flowers as a tenant. There being no further comments, Chairman Kiefer closed the public hearing. Commission comments: The Commissioners stated their support, noting that the applicant has a strong desire to succeed at this location. It was moved by Chairman Kiefer, seconded by Commissioner Garcia and passed by a vote of 3-0-1-1, with Commissioner Murray abstaining and Commission Morales absent, to adopt Resolution No. 11-2716, approving PLN-11-00098 (Conditional Use Permit), with the modification to Condition No. 10. 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 : No persons from the audience addressed the Commission. IX. OTHER BUSINESS : The Commissioners discussed numerous sites of the City: 1. Chairman Kiefer asked staff to check into a massage business which was using hand-held signs at 11942 Paramount Boulevard, behind the 99-cent store. Community Development Director Saeki provided updates, as follows: 1) He was working on getting the police and fire activities for 2010 reports which they had requested; 2) Staff will be bringing the Tierra Luna Specific Plan to the Commission late July or August. The Tierra Luna site encompasses the Downey Studios site; 88-acres, 1,500,000 square feet of proposed office/retail/entertainment. 3) He stated that meetings are being scheduled with Administrators of the County offices regarding their plans on the County campus, off Imperial, which incl udes a proposed data center, but still leaves many acres for development. Commissioner Lujan inquired what plans the City might have to incorporate more walking paths or new parks in the City. Community Development Director Saeki responded, that Downtown Downey Specific Plan identifies some walk able pocket park areas; and the City is looking to enhance the current parks; however, there hasn’t been talk recently about adding new park areas. PLANNING COMMISSION MINUTES, JUNE 1, 2011 – PAGE 6 Page 7 X. ITEMS F OR FUTURE AGENDA: No further discussion was had. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Kiefer adjourned the meeting at 7:20 p. m., to June 15, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 15th 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 15th day of June, 2011, by the following vote: AYES: COMMISSIONERS: Lujan, Murray, Kiefer ABSENT: COMMISSIONER: Garcia ABSTAIN: COMMISSIONERS: Morales NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commi ssion\Minutes\2011\June 1, 2011-Minutes.doc PLANNING COMMISSION MINUTES, JUNE 1, 2011 – PAGE 7