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HomeMy WebLinkAboutPC Minutes - 03/21/2012MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MARCH 21, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held March 21, 2012. After the Pledge of Allegiance to the Flag, Chairman Murray called roll at 6:30 p.m. II. COMMISSIONERS PRESENT: Hector Lujan, District 5 Louis Morales, District 3, Vice-Chairman Robert Kiefer, District 2 Michael Murray, District 1, Chairman COMMISSIONERS ABSENT: Ernie Garcia, District 4 ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich, City Attorney David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Lujan, seconded by Commissioner Kiefer and passed by a vote of 4-0-1, with Commissioner Garcia absent, to approve the Minutes of March 7, 2012 as presented. IV. AGENDA CHANGES: Chairman Murray asked staff if there were any changes to the agenda. Community Development Director Saeki indicated there were no changes. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki reported on one item from Council’s regular meeting held March 13, 2012. He stated that t he City Council approved the conceptual design of the Downey Veteran's Memo rial, directing staff to prepare a professional . services agreement with James I Russell to fabricate and install the Memorial. He noted that Chairman Murray has been involved in this project. VI. CONSENT CALENDAR ITEMS: Chairman Murray noted there were no Consent Calendar items on this agenda. VII. PUBLIC HEARING ITEMS: 1. PLN-11-00271 (CONDITIONAL USE PERMIT) Location: 8292 Telegraph Road Owner: L. McKinney Enterprises Applicant: Leonard Turner, Jr. 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 request to operate a vocational training program for up to 120 developmentally disabled adults, on property zoned C-2/PB (General Commercial-Parking Buffer. PLANNING COMMISSION DRAFT MINUTES, MARCH 21, 2012 – PAGE 1 Page 2 Chairman Murray opened the public hearing for Conditional Use Permit, PLN-11-00271. Theresa Donahue, Planning Secretary, affirmed proof of publication. Senior Planner, David Blumenthal, presented staff’s report and accompanying PowerPoint. He stated staff’s recommendation is for approval, with the conditions as recommended within the attached Resolution. Mr. Blumenthal responded to questions and comments from the Commission, providing the following additional information: 1) The prior use at the property was medical, which would create a parking deficiency of 30 parking spaces. Although the previous use was non-conforming, it would be permitted. Staff’s reasoning is that another medical use would be permitted, creating more of an impact to the neighboring uses. 2) The applicants have indicated that the existing eight parking spaces are more than adequate; that the clients are dropped off when they come to the site, but usually they are taken directly to their assignment locations. 3) Staff has made several recommendations to improve the property which as fallen into disrepair during the five years of inactivity at the site. 4) There is a recommended condition of approval that precludes parking on the street. 5) The adult participants of the program are referred to as clients. 6) The owners of the building may lease the balance of the building separately. Leonard Turner, 585 N. Gower St., Los Angeles, 90004, Director of Human Resources for L. McKinney Enterprises, representing the owner of the property, as well as being the applicant, addressed the Commission. He provided information regarding the vocational school for developmentally disabled adults and their goal to prepare their clients for successfully participating in society, from learning basic life skills such as hygiene to dressing for work and maintaining a job. He stated that the program employs ten (10) persons, with three (3) on site at most any time. Commissioner Kiefer inquired what the balance of the building would be leased for. Mr. Turner stated that they were not actively planning to lease out the rest of the building, but rather would utilize the conference room for training. Commissioner Kiefer inquired about the parking needs of the employees and clients. Mr. Turner stated that he and another family member carpool to the site, as do two others. Their parking need is six parking spaces. They have two additional parking spaces on site. In addition, he stated staff or clients will never need to park on the street. Commissioner Kiefer pointed out that there is no parking available on the street, since there are always vehicles parked along Birchbark Avenue. He also asked the applicant to affirm their plans for the balance of the building. Mr. Turner stated that they do not foresee leasing the other portion of the building. Chairman Murray asked if Mr. Turner would object to the conditions of approval placing a restriction on leasing additional building area to another tenant. Mr. Turner stated that he did not object to stating this restriction. Commissioner Morales asked how they received their clients, and the anticipated duration of each participant. Mr. Turner explained how the referrals came from various regional centers of the State and the organization was an approved state program, paid by the state. He noted that the program hours are 9 a.m. to 2 p.m., and the duration of participation varies for each individual client. He explained that they do allow some training at the site, usually in the form of janitorial, but does not include piece work. Mr. Turner stated that most of the on-site training focuses on hygiene. PLANNING COMMISSION MINUTES, MARCH 21, 2012 – PAGE 2 Page 3 Chairman Murray asked staff for any correspondence. Senior Planner Blumenthal noted that they had not received any correspondence on this matter. Chairman Murray invited members of the audience to address the Commission on this matter. 1. Chuck Anna, 8237 Birchcrest Road (just south off Birchbark), addressed the Commission. He provided a quick update of the property, noting that he believed the building had been empty since 2003, when a child care center was approved. He also noted that the owner had attempted another day care business in 2008, which has not materialized. Mr. Anna stated the following: The building was in disrepair, and he looked forward to the planned improvements; vehicles parking on the street were the result of the residential developments; he would like to see the adult clients be somewhat contained on the property; and informed the Commission that he would keep a vigilant eye on the activities. 2. David Segornia, 32825 Barrett Dr, Westlake Village, representing the owner of the apartment building at 8238-86 Telegraph Road, (Glen Haven Apartments), stated they were not in support of the proposal, and provided a letter stating their concerns. This letter provided a list of seven questions that were directly related to the activities and number of the clients that would be at the site. He stated that he understands that there will be training done on-site and asked how they would be supervised while outside. In addition, Mr. Segornia stated a potential concern with trash that might be generated. Chairman Murray invited Mr. Turner back to the podium to respond to the questions and comments. Mr. Leonard Turner addressed Mr. Segornia’s concerns , noting that they have been in this business for 30 years and have been an integral part of the community. He assured the Commission and neighboring uses that their clients’ activities are only during the daytimes stated and do not include week-ends. Meals that are partaken are only those that might be brought in or picked up, but not cooked at the site and snacks may possibly be enjoyed out in the yard. Chairman Murray asked staff for their recommendation. Mr. Blumenthal stated staff’s recommendation is for approval, subject to the conditions as stated. There being no questions regarding staff’s recommendation, the public hearing was closed. Commission comments: The Commissioners addressed concerns that had been raised: impact to surrounding properties; parking on-site; benefits of the program to the Do wney community; and the added benefit of improving and occupying the building. One issue that was addressed more closely, that of providing adequate parking on-site, led to discussion of the value of re stricting additional businesses from occupying the site. There was a general consensus of the Commissioners that any additional leasees might utilize needed parking on the site, and to restrict the parcel from additional businesses. Commissioner Morales inquired about the potential impact on the streets from neighboring vehicles, and asked Mr. Anna to address the Commission. Chairman Murray re-opened the public hearing to public testimony. Mr. Anna came back to the podium and addressed the Commission. He stated that there is an existing wide road directly behind the facility that they will be able to utilize, if necessary, for overflow parking. His street, Birchcrest, does not feel the impact from the on-street parking demand which comes from the residential activities. His property is not directly across the street, but around the corner. He also noted that the parking on the facility is not available to vehicles from the neighborhood. PLANNING COMMISSION MINUTES, MARCH 21, 2012 – PAGE 3 Page 4 There being no further discussion with Mr. Anna, Chairman Murray close the public hearing. Commissioner Kiefer asked if the City could revisit the number of employees parking on the property, if it became a problem down the road. Senior Planner Blumenthal stated that the restrictions/conditions would run with the land, and would apply to future owners. Chairman Murray asked about adding language to restrict the owner from leasing the balance of the building to another business. City Attorney Yvette Abich Garcia, along with David Blumenthal discussed suggested language change for Condition No. 6 requiring that the owner not lease additional space beyond that under discussion, something to the effect of “the remaining 3,707 square feet of the building shall not be leased or used by a separate business”; and also to remove the second sentence of Condition No. 10, that the applicant apply for an additional address. Chairman Murray reopened the public hearing and asked Mr. Turner to come forward and asked if he accepted these changes. Mr. Turner came to the podium, and responded affirmatively. There being no further comments, the public hearing was closed. It was moved by Commissioner Morales, seconded by Commissioner Lujan and passed by a 4-0-1 vote, with Commissioner Garcia absent, to adopt Resolution No. 12-2760, modifying Conditions No. 6 No. 10, as discussed. Chairman Murray 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-12-00033 (CONDITIONAL USE PERMIT) Location: 9701 Bluff Road Owner: Ruby Galland, CT&F, Inc. Applicant: Randy Steinberg, Towerks, 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 15303 (Class 3, New construction or conversion of small structures). Request: A request to operate a 24-hour vehicle impound and storage facility, on property zoned M-1 (Light Manufacturing). Chairman Murray opened the public hearing for Conditional Use Permit, PLN-12-00033. Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented an overview of the applicant’s requested impound yard, accompanied by the PowerPoint exhibits. During Mr. Nguyen’s presentation, Ms. Donahue passed out correspondence from the City of Bell Gardens. Mr. Nguyen explained that the Assistant City Manager of the City of Bell Gardens, John E. Oropeza, in his letter states that the City of Bell Gardens would like to review the project and provide comments prior to its approval. They requested a one-month continuance to April 18, 2012. Mr. Nguyen stated that while staff supports the applicant’s request, they believe a continuance is warranted. Therefore, staff’s recommendation is to take public comment and continue the PLANNING COMMISSION MINUTES, MARCH 21, 2012 – PAGE 4 Page 5 matter to the Commission’s April 18, 2012 meeting. The Commissioners asked for more information regarding the easement. Mr. Nguyen responded: 1) The easement is 30-feet x 220-feet. 2) No other business has the ability to use the easement. 3) The applicant is required to remove the section of asphalt he installed without permits. 4) The owner relinquished access from Bluff Road, and the City would not want them to take access from Bluff Road due to the residential properties that would be affected. Community Development Director Saeki added, the City is not fully vetted for the Bluff access. Jon Nissley, Applicant, 16624 California Avenue, Bellflower, thanked the Commission for the opportunity to address their concerns. He stated that they had submitted an RFP to the City of Downey in order to utilize this yard to impound Downey vehicles. Mr. Nissley provided 10-page, color hand-outs to each of the Commissioners and then proceeded to review the information. He explained that private tow companies are awarded contracts to tow and impound for specific Police Departments. Their main goal is to serve the community and make it safer. He st ated that the same business owners run Kelmark Tow and Viertel’s Tow, two companies that tow for the City of Los Angeles. To provide an idea of the security and type of facilities they run, Mr. Nissley provided aeria l views of those two facilities. He also reviewed the planned improvements to the subject site, noting t hat having their business at the site would improve the site and bring an increase in security to the general area. Mr. Nissley stated that he had met with Carmen Morales, City Planner for Bell Gardens, this afternoon and was aware of her concerns. He stated that one concern is in regards to trucks idling on the street. He stated that due to the nature of their business, they do not allow their trucks to idle on the street. In addition, he stated that he informed Ms. Morales that their proposed truck route will be from Scout onto Florence Avenue into Downey, not through Bell Gardens. He noted that they provide off-street parking for their employees. At the Kelmark facility they are k nown to use their own street sweeper. The office is open 7 a.m. to 7 p.m., and 8 a.m. to 5 p.m. on week-ends. The impound yard is a 24-hour operation. They will begin with six trucks, which will increase if needed. All vehicles will park on the site. He stated that the vehicle storage capacity on site is 225 cars, but they also might tow in motor homes, boats, or the like. Mr. Nissley noted that they have customer parking ava ilable outside the gated yard. He also stated that they would not hold auctions at this site, nor in the City of Bell Gardens. Chairman Murray asked the Mr. Nesley if he had read and agreed to the recommended conditions of approval. Mr. Nissley responded in the affirmative. Chairman Murray stated that he supports a continuance to April 18, 2012. Chairman Murray asked if there was any additional correspondence. Mr. Nguyen responded, there was no additional correspondence. Chairman Murray invited the public to address the Commission. Chuck Anna, 8237 Birchcrest Road, Downey addressed the Commission, inquiring if the applicant does not get the contract with the City of Downey, will they still pursue the project? Mr. Nissley responded, they will pursue the impound yard, regardless. It was moved by Commissioner Morales, seconded by Commissioner Kiefer and passed by a unanimous vote of the Commission to keep the public hearing open and continue the public hearing to April 18, 2012. PLANNING COMMISSION MINUTES, MARCH 21, 2012 – PAGE 5 Page 6 VIII. ORAL COMMUNICATIONS : Community Development Director Saeki updated the Commissioners regarding an on-going maintenance issue for the parcel south of Citibank, on Lakewood Boulevard. IX. OTHER BUSINESS: No Other Business was addressed. X. ITEMS F OR FUTURE AGENDA: No additional Items were addressed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:50 p.m., to April 4, 2012 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 18th day of April, 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 18th day of April, 2012, by the following vote: AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Murray ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Garcia NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Minutes\2012\March 21, 2012-Minutes.doc PLANNING COMMISSION MINUTES, MARCH 21, 2012 – PAGE 6