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HomeMy WebLinkAboutPC Minutes - 04/18/2012MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, APRIL 18, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held April 18, 2012. After Commissioner Kiefer led the Pledge of Allegiance to the flag, Ms. Donahue called roll at 6:30 p.m. II. COMMISSIONERS PRESENT: Robert Kiefer, District 2 Ernie Garcia, District 4 Hector Lujan, District 5 Louis Morales, District 3, Vice-Chairman Michael Murray, District 1, Chairman ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Lujan, seconded by Commissioner Garcia and passed by a 4-0-1 vote, with Commission Garcia abstaining, to approve the Minutes of March 21, 2012. IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki stated there were no reportable actions from the City Council’s April 10, 2012 meeting. VI. CONSENT CALENDAR ITEMS: Chairman Murray noted there were no Consent Calendar items on this evening’s agenda. VII. PUBLIC HEARING ITEMS: Community Development Director, Brian Saeki, noted that Mr. Blumenthal would be presenting from his IPAD, in an effort to save paper. 1. PLN-12-00039 (CONDITIONAL USE PERMIT) Location: 9234 Lakewood Boulevard Owner: Furst Enterprises Applicant: Sam Sarofeem 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 permit a restaurant (Green Olive) to operate with an ABC Type 41 (on-sale beer and wine, eating place) license, on property zoned C-2 (General Commercial). Chairman Murray opened the public hearing for PLN-12-00039 (Conditional Use Permit). Theresa Donahue, secretary, affirmed proof of publication. PLANNING COMMISSION MINUTES, APRIL 18, 2012 – PAGE 1 Page 2 Senior Planner David Blument hal presented staff’s report and accompanying PowerPoint, noting staff supports the applican t’s request. The operator’s r equest to include the sale of beer and wine along with the meals served at his proposed restaurant would serve as a convenience to those who enj oy an alcoholic beverage wit h their meals and would not create an impact to those who live and work in t he area, provided all c onditions of approval are adhered to. Mr. Blumenthal stated two of the conditions designed to reduce potential negative impacts to the neighbori ng residences were Conditions No . 8, “There shall be no live entertainment within the business at any time”; and No. 13, “The rear door of the business shall remain closed at all times, except to permit employee ingress/egress”. Commissioner Kiefer pointed out that while public parking is available along the easterly property line nearest to the residences, the planters and trees create a buffer. Sam Sarofeem, 9234 Lakewood Boulevard, Downey, applicant and restaurant operator, addressed the Commission. He noted that he has been a residen t of the City for 18 years and opened another business (tobacco st ore) within this center four years earlier and is very pleased with the location. He provided copi es of the menu to the Commissioners and staff. Commissioner Kiefer asked t he applicant if he had any experience running a restaurant. Mr. Sarofeem responded in the affirmative, noti ng his restaurant in Yucaipa, Tom’s Burger, which provided burgers and beer. Chairman Murray asked the number of employees that would be employed. Mr. Sarofeem responded 18 employees, and stated the operating hours would be 10 a.m. to 10 p.m. Chairman Murray asked staff if there was any correspondence. Staff responded there was none. Chairman Murray invited members of the public to address the Commission on this matter. Wishing to address the Commission: 1) Augustine Duran, stated he has lived nearby in the Downey for nine years and ran a photo shop in the center. He described Mr. Sarofeem as an exemplary business operator who has done much to bring activity to this center. He st ated that Mr. Sarofeem will provide excellent customer service and that he looks forward to its opening. Chairman Murray noted staff’s recommendation is for approval. There being no further questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Planning Commission comments: The Commissioners expressed their support of t he request to allow alcohol sales for the restaurant, along with meals, not ing that the center has show n much improvements since the Commission had reviewed their si gn program. It was stated th at the center was bringing more choices to the neighborhood. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a unanimous vote, to adopt Resolution No. 12- 2762, approving the Conditional Use Permit. PLANNING COMMISSION MINUTES, APRIL 18, 2012 – PAGE 2 Page 3 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 stated that the public hearing for PLN-12-00033 (Conditional Use Permit) was now open, noting staff’s recommendation for a continuance of the item. Yvette Garcia, City Attorney, suggested that since the public hearing remained open from the previous meeting, perhaps the Commission should see if there was anyone present who might want to address the matter. Chairman Murray invited members of the audience forward. No one came forward at this time. Commissioner Morales inquired of staff if they had any idea of when a resolution might be reached on this matter. Assistant Planner, Kevin Nguyen, explained that an In itial Study of Environmental Impacts would be conducted and until this has been completed no further recommendation could be stated. He noted that staff was working with the applicant to address Bell Gardens’ concerns. It was moved by Commissioner Morales, seconded by Commissioner Kiefer and passed by a 5-0 vote, to continue the public hearing to a date uncertain until such time as the appropriate studies would be completed. 3. PLN-12-00082 (SPECIAL EVENT) Location: 12145 Woodruff Avenue Owner: Iglesia de Cristo Ministerios Applicant: Joel Columbo 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 request to allow Iglesia De Cristo Church to conduct a one-day Harvest Festival on Saturday, April 28, 2012 from 9:00 a.m. to 8:00 p.m. on property zoned C-1 (Neighborhood Commercial). Chairman Murray opened the public hearing for PLN-12-00082 (Special Event). Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, APRIL 18, 2012 – PAGE 3 Page 4 Assistant Planner Nguyen presented staff’s report and accompanying PowerPoint describing the requested one-day festival. He noted that the applicant had provided four separate off-site locations for additional parking, while the handicapped parking would be provided on-site nearest their Woodruff Avenue entry. He responded to questions from the Planning Commissioners providing the following: 1) He was not aware of any complaints called in from last year’s event; 2) The applicants held two events last year, one in March and one in October; 3) They are allowed to apply for four events each year. Applicant and representative, Joel Columbo, 1011 Twin Lakes, Wrightwood, Ca. addressed the Commission. He stated that he was the architect and builder of the church facility. He provided the following testimony to support the request: 1) They now have occupancy of the site. During past events, they had been unable to access restrooms on-site , while for this event they will. 2) They will have parking areas clearly marked. 3) The amount of dust has been reduced, because they have the parking lots finished. 4) They have learned from past events and plan to do a better job keeping the site clean and traffic congestion at a minimum; they will cover the grounds hourly. 5) He believes the church will have no more than two events each year , at least as far as is currently planned. 6) They will encourage event-goers to use the parking lots provided and to stay off the residential streets. 7) They will have it all cleaned before Sunday’s church services. Chairman Murray invited the public to address the Commission. Wishing to speak in opposition: 1. Thomas Lopez, 12115 Cornuta Avenue, Downey. Mr. Lopez described the problems that the neighborhood had endured during the week-long grand opening celebration of the church in February, which included a complaint that the residential streets were inundated with people and that those people were inconsiderate of the residents, sometimes allowing their vehicles to block driveways. He stated that the church does not work well with the residents and creates problems every Sunday. Conversely, he stated that the am bulance service which he had addressed when they first applied for their Conditional Use Permit also on Woodruff Avenue, have become very good neighbors. In addition, he noted that the flyers circulating the neighborhood state the festival begins at 8 a.m., not 9 a.m. as requested by staff. Commissioner Kiefer inquired of Mr. Lopez, what time period the streets are impacted on Sundays. Mr. Lopez responded, from 9 a.m. to 1:30 p.m. Community Development Director Saeki inform ed the Commissioners that the City had been made aware of the Grand opening festivities in February due to the impact to the neighbors. He explained that the Church had hosted an impressive week of activities that included dignitaries from around the world, and the City did get called in to assist with crowd control. He also noted that the event under discussion will not be of such a large scale, but would be more in line with a typical Sunday with extended hours. Chairman Murray asked Mr. Lopez to compare the request to last year’s festival, noting the stated increase in available parking. Mr. Lopez stated that he was tired of the impact to the neighborhood streets, and noted that the applicant had posted a sign on Cornuta last year directing traffic. He stated that the increase in traffic was a big inconvenience to the neighborhood streets with all those vehicles parking on the residential streets. City Attorney Garcia asked to have comments di rected to the request before the Commission tonight. Mr. Saeki noted that the conditions recommended by staff are in place to mitigate impacts to the neighborhood, noting that the Church and parking lot are complete now, and that should create an PLANNING COMMISSION MINUTES, APRIL 18, 2012 – PAGE 4 Page 5 improvement over the past events. He also stat ed that Mr. Lopez should keep the City informed, and that staff’s recommendation could change in the future, should conditions not be met. Mr. Lopez asked to be given contact information for the applicant, adding that there would be no problem if not for the impact to their streets and the lack of respect shown by church attendees. Speaking in rebuttal, Joel Columbo informed Mr. Lopez of the church’s concern for him and the neighbors. He assured that all possible measures will be taken to minimize impact to the residential neighborhood, including intensifying traffic watch in residential neighborhoods; will provide contact information for Mr. Lopez; there will be a team of members walking the parking area and peripheral streets to ensure no trash is left behind. Commissioner Kiefer noted that there were no church members present along with Mr. Columbo and requested that all future requests before the Planning Commission have church representatives present to hear and address those items that are identified. Commissioner Kiefer asked how many attendees were expected. Mr. Columbo responded that 2-5,000 persons might attend, but between 2-3,000 at any one time. Commissioner Kiefer asked to verify the number of parking spaces. Discussion ensued between staff and Mr. Columbo with 507 parking spaces identified. Chairman Murray asked staff for their recommendation. Mr. Nguyen stated staff’s recommendation is for approval, and noted the Resolution number is 12- 2763. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission comments: Commissioner Kiefer stated that this is a difficult situation to address and wished that more neighbors were present to address their concerns. He noted his concerns for the neighbors, but also pointed out that there will be more available parking this year than in the past. Commissioner Garcia indicated his support for the requested event, noting that he wants to give the church another opportunity to prove themselves, now that the building and lots are finished. Commissioner Morales stated that this request is unique since the Commission has approved events at this site with less parking available than is being provided. Also noted that other locations have had events like this with less parking and fewer complaints. He stated that he supported the request, but had concerns about the impact. He noted that he also would like to see church members attend future public hearings to address special event requests at this location, so that they can receive the complaints first hand. In addition he noted that this will be the first Special Event held at this location as a completed campus. Commissioner Lujan stated he has sympathy for the residents and he would like to see the church work with the neighbors and arrive at some mutual agreement. He noted that contact information provided to Mr. Lopez is a good idea and could make the difference for future approvals. He stated that he believed Mr. Columbo would impart t hese directives to the church members. PLANNING COMMISSION MINUTES, APRIL 18, 2012 – PAGE 5 Page 6 Commissioner Kiefer reiterated his concerns. He noted that other churches have members at the hearings with much smaller events; here however, no members are present and very large events are requested. He also noted that the church is only requesting two events per year and suggested that if there are others, the Commission would prefer that the requests be brought before the Commission, which in turn gives the neighbors notice. He stated that less than 500 parking spaces have been adequate in past approvals and wondered what the problem might be. He suggested that city staff take a look at the event and see if the problems would be identifiable, so as to better gauge future events. Mr. Saeki agreed that a Code Enforcement officer could check it out. He added that as of July 1 the Code Enforcement Division will be brought under Community Development, so he would ask that a Code Enforcement officer go by. Chairman Murray said he understands that these event s are a great fundraisers for the churches of the community, but noted a balance must be struck with the neighbors. He noted that the church will have to come back for future event requests, so they will be held to these conditions. Chairman Murray stated that he also lives near a church and feels the traffic impact, but never minded that they walk by carrying their bibles. He added that they do not necessarily hold special events, however. He stated that he supports giving the applicant another chance to be a good neighbor. And also wants to hear back how the event-planners carry through on their agreements. It was moved by Commissioner Morales, seconded by Commissioner Lujan and passed by a 5-0 vote, to adopt Resolution No. 12-2763, approving Conditional Use Permit PLN-12-00082, noting the corrected Resolution No. from 12-2762. It was moved by Commissioner Morales, seconded by Commissioner Kiefer and passed by a 5-0 vote, to continue the public hearing to a date uncertain until such time as the appropriate studies would be completed VIII. ORAL COMMUNICATIONS : None IX. OTHER BUSINESS: Chairman Murray noted that the property south of Citibank, corner of Firestone and Lakewood Boulevards, had been cleaned up. Mr. Saeki stated that the clean-up had been a collaborative effort between the City staff and the property owners. Chairman Murray acknowledged persons presen t to include: Mr. Andrews, Mr. Worthy, and Aiden Saeki. X. ITEMS F OR FUTURE AGENDA: No future agenda items were addressed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Murray adjourned the Planning Commission at 7:55 p.m., to May 2, 2012 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 2nd day of May, 2012. Michael Murray Michael Murray, Chairman CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, APRIL 18, 2012 – PAGE 6 Page 7 I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 2nd day of May, 2012, by the following vote: AYES: COMMISSIONERS: Morales, Kiefer, Garcia, Lujan, Murray ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Minutes\2012\Apr 18, 2012-Minutes.doc PLANNING COMMISSION MINUTES, APRIL 18, 2012 – PAGE 7