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HomeMy WebLinkAboutPC Minutes - 06/06/2012MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JUNE 6, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held June 6, 2012. After the Pledge of Allegiance to the Flag, Chairman Murray called the meeting to order at 6:35 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 William Davis, City Planner David Blumenthal, Senior Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Morales, seconded by Commissioner Lujan and passed by a 4-0-1 vote, with Commissioner Garcia absent, to approve the Minutes of May 16, 2012. IV. AGENDA CHANGES: Community Development Director Saeki suggested that the Commissioners take Section IX out of order, since the applicant had requested a continuance to the next meeting during which there would be a full quorum. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki stated there were no Planning-related actions to report from the City Council meeting of May 22, 2012. VI. CONSENT CALENDAR ITEMS: Chairman Murray noted there were no Consent Calendar items on this evening’s agenda. Chairman Murray announced that Section IX, Other Business, would be addressed at this time. He stated that Commissioner Garcia was not able to a ttend tonight’s meeting due to a loss in his family. Because his vote is crucial for this Resolution, the applicant has requested the matter be continued to June 20, 2012. A copy of the applicant’s request fo r a continuance was provided to the Commissioners. IX. OTHER BUSINESS ( Ta ken out of order) 1. Adopt a Resolution relating to a requested Site Plan Review and Variance to legalize the changes that were made to convert a residen tial home into a professional office building at 10825 Lakewood Boulevard, zoned C-P (Professional Office.) It was moved by Commissioner Morales, seconded by Commissioner Lujan and passed by a 4-0-1 vote, with Commissioner Garcia absent, to continue the item to June 20, 2012. Commissioner Morales stated that he wasn’t aware of Commissioner Garcia’s loss, and expressed his condolences. PLANNING COMMISSION MINUTES, JUNE 6, 2012 – PAGE 1 Page 2 VII. PUBLIC HEARING ITEMS: 1. PLN-12-00114 (CONDITIONAL USE PERMIT MODIFICATION) Location: 10441-45 Lakewood Boulevard Owner: Phillipy Development, Inc. Applicant: 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 for Revision ‘B’ to an existing Conditional Use Permit (PLN-10- 08048), thereby allowing the expansion of a daycare and K-5 private elementary school by converting existing professional office space (3100 sq. ft.) into administrative offices for the school, without increasing enrollment, and allowing for the daily closure of thirteen parking stalls from 9:30 am to 2:30 pm Monday - Friday for use as an outdoor playground on property zoned C-1 (Neighborhood Commercial). Chairman Murray opened the public hearing for PLN-12-00114. Ms. Donahue affirmed proof of publication. William Davis, City Planner, presen ted staff’s report and it s accompanying PowerPoi nt. Exhibits included aerial view and floor plan, highlighting the proposed changes to the parking lot/play area by including an additional six (6) parking spaces into the fenced area (from 9:30 – 2:30). He explained that the enrollment would not be increased to accommodate the reduction of parking provided, the applicant is proposing to convert 3,100 sq. ft. of the professional office spac e they previously leased to other tenants, into administrative office space for the daycare/private school, leaving one 800 sq. ft. office space available for lease. Mr. Davis stated the findings were present to support the applicants’ request. The Commissioners asked several quest ions regarding the floor layout of the school facility to include whether the non-school related uses would have access to the classrooms. They also asked for clarification of the fencing location and height. Mr. Davis referred those questions to the Applicant. Suzette Phillipy, 10065 Pangborn Avenue, Applicant, addressed the Commission. Mrs. Phillipy informed Chairman Murray that she had read and understood the conditions of approval, and she agreed to them. In addition, she provided the following information as requested by the Commissioners: the classroom doors lock from the inside automatically; unauthorized persons would not have access to the classrooms. She explained that the one tenant they have requires no more than two parking spaces. The youngest students are two year olds, and the two-year olds have a separate play area from the play area under consideration. The fence height will be 3-1/2 feet and made of wrought iron. Chairman Murray asked about why the condition addressing outside lighting was still under review, rather than a completed condition. Community Development Director Saeki stated that he would ask the Building Official to clarify what they are asking for. Chairman Murray asked if any correspondence had been received either in favor or opposition. Mr. Davis, City Planner, noted that he was aware that a neighbor had visited the Planning counter and indicated a concern regarding the off-site activities (parking). PLANNING COMMISSION MINUTES, JUNE 6, 2012 – PAGE 2 Page 3 The Commissioners noted that the neighbors should not be impacted by the parents dropping off and picking up, and suggested that complaints be called into the Police Department, especially if driveways are blocked. Chairman Murray asked staff for their recommendation. Mr. Davis stated staff recommended that the Planning Commission approve the Resolution. It was moved by Commissioner Kiefer, seconded by Commissioner Morales and passed by a 4-0-1 vote, with Commissioner Garcia absent, to adopt Resolution No. 12-2769 (later modified to 12-2772), approving PLN-12-00114 (Conditional Use Permit Modification). 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-12-00094 (CONDITIONAL USE PERMIT) Location: 251 Stonewood Street Owner: Gary L. Ball, et al TR Applicant: Fatih Celik 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 allow the operation of a children’s train ride within an existing shopping mall (Stonewood Center), zoned SP 89-1 (Stonewood Specific Plan). Chairman Murray opened the public hearing for PLN-12-00094. Ms. Donahue affirmed proof of publication. William Davis, City Planner, presented staff’s report and accompanying PowerPoint, noting that staff is able to make the findings to support the applicant’s request. He fielded questions from the Commissioners, to include confirming that the train is electric, hours of operation. Responding to a question from Commissioner Morales about the number of kiosks at the mall, Mr. Davis stated that that the City has been working with mall management to clean up all the tables and account for all kiosks; do not have the exact number of kiosks. However, when a busin ess license is approved, staff tries to associate a particular kiosk to it. He noted that only certain uses require Commission approval. Community Development Director Saeki noted that he, Mr. Davis and Mr. Blumenthal have met with the store managers and are working on a master plan of all the kiosks, in order to keep order. Commissioner Kiefer asked which state agency monitored the operation/safety elements of the ride; and Commissioner Lujan asked about the placement of the train, inquiring if it was the same location where “Photos with Santa” is usually set up. Mr. Davis referred those questions to the applicant. Mr. Fatih Celik, 1833 Deerhaven Dr., Hacienda Heights, Ca. stated that he had read and agreed to all recommended conditions of approval. He also stated that the train runs by a 110 standard electric outlet, and has a small transformer; the trains’ weight limit is 180 lbs, allowing a parent to ride with a child. He also noted that he has run a similar train at Ontario Mills and hopes to receive approval for another at Victor Valley. Regarding liability and insurance questions, Mr. Celik stated that there is a Division of the State within the Occupational Health and Safety Administration, called Amusement Rides and tramway Unit. PLANNING COMMISSION MINUTES, JUNE 6, 2012 – PAGE 3 Page 4 This agency does inspect the ride at location. Mr. Celik explained that he purchased this particular ride because it was recommended by the agency; and that it was one of the train ride types that the state approved. Chairman Murray asked staff for any correspondence. Mr. Davis noted that no correspondence had been received. Chairman Murray asked Mr. Davis staff’s recommendation, and accompanying Resolution number. Mr. Davis stated staff’s recommendation is for approval. The Resolution No. is 12-2770. Chairman Murray asked if there were any questions regarding staff’s recommendation. No one came forward. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. The Commissioners stated they had no concerns regarding this request and indicated that the ride would be a benefit to mall guests and their children. 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. 12-2770, approving PLN-12-00094. 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. 3. PLN-12-00105 (CONDITIONAL USE PERMIT) Location: 7121 Firestone Boulevard Owner: Andrews Rancho del Norte Applicant: Rose Espinosa 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 15303 (Class 3, New Construction or Conversion of Small Structures). Request: A request to operate a 66 sq. ft. mobile food cart (kiosk) with an outdoor eating area in front of the Home Depot, on property zoned C-M (Commercial Manufacturing). Chairman Murray opened the public hearing for PLN-12-00105. Ms. Donahue affirmed proof of publication. Senior Planner, David Blumenthal presented staff’s report and accompanying PowerPoint, noting staff supports the applicant’s requested food cart to benefit customers of Home Depot. Commissioner Kiefer asked if there were any conditions to restrict expansion of the cart area, such as additional or larger carts. Senior Planner Blumenthal stated that the site plan specifies what is permitted; anything that deviates from that would not be permitted. Chairman Murray asked about Condition number 5, regarding hold harmless. Mr. Blumenthal responded, this condition is a new standard condition, and will be included with most Resolutions from this time forward, as an added protection for the City. PLANNING COMMISSION MINUTES, JUNE 6, 2012 – PAGE 4 Page 5 Rosemary Espinosa, Applicant, 1448 S. Woods Avenue, Los Angeles, addressed the Commissioners. She affirmed the hours of operation, 8 a.m. to 8 p.m., Monday through Sunday. In addition, she stated that Ms. Espinosa accepted the conditions of approval. Commissioner Kiefer inquired if the cart could be open after the store is closed. Mr. Blumenthal responded yes, but the cart must be closed by 9 p.m. There being no further questions regarding staff’s recommendation, Chairman Murray closed the public hearing. The Planning Commissioners indicated they had no concerns regarding this request. It was moved by Commissioner Morales, seconded by Commissioner Kiefer and passed by a 4-0-1 vote, to adopt Resolution No. 12-2771, approving PLN-12-00105. Chairman Murray congratulated the applicant. 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. VIII. ORAL COMMUNICATIONS : Community Development Director Saeki informed the Commission that a regular meeting scheduled for July 4, 2012 is either going to be rescheduled or cancelled. He asked the Commission to let their secretary know of their availability for Tuesday July 3, 2012. X. ITEMS F OR FUTURE AGENDA: 1. Commissioner Kiefer asked about the status of the Gateway project. Mr. Saeki stated that it was moving forward and offered to walk them through the site. 2. Commissioner Murray described a problem caus ed by trucks that are emitting papers/debris while accessing a site adjacent to the Elks Lodge. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:20 p.m., to June 20, 2012 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 in memory of Alice Mejia Garcia, mother of Planning Commissioner Ernie Garcia. th APPROVED AND ADOPTED this 20 day of June, 2012. Michael Murray Michael Murray, Chairman CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, JUNE 6, 2012 – PAGE 5 Page 6 I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 20th day of June, 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 Commi ssion\Minutes\2012\June 6, 2012-Minutes.doc PLANNING COMMISSION MINUTES, JUNE 6, 2012 – PAGE 6