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HomeMy WebLinkAboutPC Minutes - 07/03/2012MINUTES ADJOURNED REGULAR MEETING DOWNEY CITY PLANNING COMMISSION TUESDAY, JULY 3, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held Tuesday, July 3, 2012. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: Louis Morales, District 3, Vice-Chairman Robert Kiefer, District 2 Hector Lujan, District 5 Michael Murray, District 1, Chairman COMMISSIONER ABSENT: Ernie Garcia, District 4 ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich, City Attorney Mark Sellheim, Principal Planner 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 June 20, 2012, as presented. 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 Planning-related items to report from Council’s June 26, 2012 meeting. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: 1. PLN-12-00110 (CONDITIONAL USE PERMIT) Location: 12631 Lakewood Boulevard Owner: David S. Gonsalves Applicant: Isaac Sanchez 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: To operate an existing market (La Herradura Market) with an ABC Type 20 (off sale, beer and wine) license on property zoned C-2 (Commercial General). Chairman Murray opened the public hearing for PLN-12-00110. Ms. Donahue affirmed proof of publication. Senior Planner, David Blumenthal presented staff’s report and accompanying PowerPoint. He indicated staff was able to make the findings to support the applicant’s request for an ABC Type 20 license. PLANNING COMMISSION MINUTES, JULY 3, 2012 – PAGE 1 Page 2 The Commissioners commented on the pictures shown, asking about the chain strung from bollard to bollard, the additional pieces of chain hanging off it and the banners across the closed window. They also inquired about the layout of the store. Senior Planner Blumenthal noted there is no sign program for the site, however they would be required to bring the signs into conformance with the City’s standards. He also noted that the store has a pre-existing meat counter located at the south end of the store. Mr. Blumenthal clarified that the request was to allow for the sale of beer and wine, within an existing market. Isaac Gomez-Sanchez, applicant, 1259 Pope Avenue, Lynwood addressed the Commission, affirming that he and read and agreed to the conditions as recommended in the attached Resolution. He informed the Commissioners that he has owned the store for about six months and although this is his first business enterprise, he has worked with his father previously. Chairman Murray asked for any correspondence received on this item. Mr. Blumenthal noted no correspondence had been received on this matter. Chairman Murray invited those present to address the Commission. Wishing to address the Commission in favor: David Gonsalves, 8818 Imperial Highway, property owner, stated that he was in support of the request, noting that past market operators at this site also operated with an ABC license for off sale beer and wine and he has never had any problems with their operations. Mr. Gonsalves stated that he placed the chain in order to protect pedestrians crossing the parking lot. He stated that he would remove the excess chain pieces. There were no persons wishing to speak in opposition. Planning Commission comments: The Planning Commissioners stated they did not have a concern regarding this request, noting that the owner had indicated his willingness to work with staff to improve the lot’s appearance. They noted that the license will help Mr. Sanchez increase his sales at the market. They also asked staff to be vigilant of the maintenance of the property. 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. 12-2774), approving PLN-12-00110 (Conditional Use Permit). 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-12-00063 (SITE PLAN REVIEW) Location: 9520 Stewart & Gray Road Owner/Applicant: Hager Regentview Partner Authorized Agent: Phil Stutzel/Cummins Cal Pacific, LLC Staff: Kevin Nguyen CEQA: In accordance with the provisions of the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration of Environmental Impacts has been prepared for the proposed project and was available for review from May 30, 2012 to June 20, 2012 in the City’s Planning Division, 11111 Brookshire Avenue, Downey, Ca 90241, and on the City’s website: www.downeyca.org . PLANNING COMMISSION MINUTES, JULY 3, 2012 – PAGE 2 Page 3 Request: Revision ‘A’ to an existing Site Plan Review (PLN-11-00180) thereby allowing the installation and operation of an outdoor dynamometer for Cummins Cal Pacific, LLC, on property zoned M-2 (General Manufacturing). Chairman Murray opened the public hearing for PLN-12-00063 (Site Plan Review). Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff’s report and accompanying PowerPoint noting that a Mitigated Negative Declaration of Environmental Impacts has been prepared and is ready for the Commission’s adoption along with the attached Resolution approving PLN-12-00063 (Site Plan Review). Mr. Nguyen pointed out the various mitigation measures being recommended so the potential noise impacts did not exceed the City standard: five (5) dBA above the ambient noise level. Mr. Nguyen stated that with the conditions as stated, staff recommends approval of the Site Plan Review. Mr. Nguyen noted that the applicant and a representative from Wieland Acoustics, who prepared the Noise Study, were also present. Commissioner Morales inquired if the dynamometer structure would be screened from view from Stewart and Gray Road. Mr. Nguyen responded affirmatively, by a ten (10’) foot high block wall. Commissioner Kiefer asked if the facility, which has been open for nearly a year, had generated any complaints regarding the noise, thus far. Mr. Nguyen stated he was not aware of any complaints. Phil Stutzel, Cummins Cal Pacific, LLC., 1939 Deere Avenue, Irvine, Ca addressed the Commission. He stated that the noise comes from the wheels of the vehicles when brought up to 1800 r.p.m.s. Mr. Stutzel explained they identify the repair problem by duplicating the speed. He provided a more detailed explanation of his company’s services, but as described in staff’s report, the dynamometer is to provide additional service to the company’s activities and is intended to operate five (5) times a day, six (6) days a week (Monday through Saturday), with each test lasting approximately 20-30 minutes. Mr. Stutzel explained to the Commission how each of the barriers would be placed around the dynamometer enclosure, and as stated in Conditions No. 1 through 7 of the attached Resolution. He noted that there is a split-face wall along Stewart & Gray Road, which aids in the screening. There are as many of 30 vehicles on site per day, and they em ploy 30 technicians. Mr. Stutzel explained that the containers also serve for storage. Chairman Murray inquired as to the type of license required for this type of facility and was informed that they were licensed by the state. Mr. Stutzel told the Planning Commission that they had invested 2.5 million dollars into this project, and they are certified to work on natural gas vehicles, which don’t emit any particulates. Mr. Stutzel stated that he had read and agreed to all recommended conditions of approval. Chairman Murray asked for any correspondence that may have been received. Mr. Nguyen stated no correspondence had been received on this matter. Chairman Murray invited members of public forward to address the Commission. PLANNING COMMISSION MINUTES, JULY 3, 2012 – PAGE 3 Page 4 Dave Wieland, 1371 Warner Avenue, Tustin addressed the Commission. Mr. Wieland stated that they had been to the company’s Montebello site and were able to produce similar conditions as what is being requested here in Downey. He explained that their computer models estimated the potential noise impacts based on a worst case scenario, and by employing mitigation measures were able to reduce the noise to acceptable levels. Chairman Murray commented that the noise to be generated would probably not be any louder than the trains that pass by. Chairman Murray asked staff for their recommendation. Mr. Nguyen stated staff’s recommendation was for approval, with the Commission adopting the Mitigated Negative Declaration, and adopt Resolution (No. 12-2775), approving PLN-12-00063 (Site Plan Review). There being no further questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission comments: Commissioner Kiefer stated that he had no questions, the research was thorough and measures will be implemented to mitigate the potential noise impacts. He was confident staff had addressed all potential negative impacts. Commissioner Morales agreed and had no concerns about impacts to the area, noting that the noise level will be no more than what is created by the passing trains. He noted that the installation of the barriers will create an effective sound screen, as well as a visual screen. Commissioner Lujan stated his agreement. Chairman Murray expressed his support, noting that staff had done their homework and the measures appear to be adequate. It was moved by Commissioner Morales, seconded by Commissioner Kiefer and passed by a 4-0-1 vote, to approve the Mitigated Negative Declaration and adopt Resolution No. 12-2775, approving the Site Plan Review application. 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. Mr. Stutzel thanked the Commission and informed them that the Cummings Cal Pacific Company planned on being involved and giving back to the community. VIII. ORAL COMMUNICATIONS : 1. Community Development Director Saeki noted key personnel had opted to take the City’s Early Retirement program, including Ed Velasco from the Housing Division and Theresa Donahue, the Planning Commission’s secretary. The Commissioners expressed their appreciation to Ms. Donahue for her years of service and assistance to them personally. 2. Chairman Murray noted a concern with the sound system. Mr. Saeki said the system was transferring over, and any problems would be ironed out. 3. Chairman Murray informed Mr. Saeki that the problem mentioned at past meetings with the site adjacent to the Elk’s Lodge was not resolved. Mr. Saeki said he would refer the matter to Code Enforcement. PLANNING COMMISSION MINUTES, JULY 3, 2012 – PAGE 4 Page 5 IX. OTHER BUSINESS: No further business was addressed. X. ITEMS F OR FUTURE AGENDA: No discussion items addressed. XI. ADJOURNMENT: There being no further business coming before the Planning Commission, the Commission adjourned at 7:10 p.m., to Wednesday, July 18, 2012 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241. APPROVED AND ADOPTED this 18th day of July, 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 July, 2012, by the following vote: AYES: COMMISSIONERS: Lujan, Morales, Kiefer, Murray ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Garcia NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Agendas\AGE NDAS 2012 - PC\July 18, 2012\July 3, 2012-Minutes.doc PLANNING COMMISSION MINUTES, JULY 3, 2012 – PAGE 5