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HomeMy WebLinkAboutDraft Minutes - September 19, 2012MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, SEPTEMBER 19, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held September 19, 2012. After the Pledge of Allegiance to the Flag, Chairman Murray called roll at 6:30 p.m. II. COMMISSIONERS PRESENT: Robert Kiefer, District 2 Ernie Garcia, District 4 Hector Lujan, District 5 Michael Murray, District 1, Chairman COMMISSIONERS ABSENT: Louis Morales, District 3, Vice-Chairman ALSO PRESENT: Brian Saeki, Director of Community Development William Davis, City Planner Kevin Nguyen, Assistant Planner Jose Vazquez, Planning Intern Theresa Donahue, Secretary III. MINUTES: The Minutes of September 5, 2012 were continued to October 3, 2012, due to lack of quorum (with Commissioner Morales absent an d Commissioner Garcia and Chairman Murray abstaining). IV. AGENDA CHANGES: Community Development Director Saeki noted there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki reported that the City Council, at their regular meeting held September 11, 2012, approved with a 3-2 vote the General Plan Amendment and Zone Change associated with the 46 townhome project the Commission approved (August 15) on the parcels north and west of Gallatin Road and Lakewood Boulevard. VI. CONSENT CALENDAR ITEMS: Chairman Murray noted there were no Consent Calendar Items. VII. PUBLIC HEARING ITEMS: 1. PLN-12-00204 (SPECIAL EVENT) Location: 10924 Paramount Boulevard Owner: Downey Brewing Company Applicant: Sergio Vazquez 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 15304(e), (Class 4, Minor Alternations to Land). Request: A request for approval of a Special Event permit to conduct an Oktoberfest celebration on the parking lot of an existing restaurant (Downey Brewing Company), on property zoned DDSP (Downtown Downey Specific Plan). Chairman Murray opened the public hearing for PLN-12-00204. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, SEPTEMBER 19, 2012 – PAGE 1 Page 2 William Davis, City Planner, provid ed staff’s report and ac companying PowerPoint. He indicated staff was able to support the applicant’s request, with the conditions as provided. Commissioner Kiefer noted that all the access points are being covered by staff; and Chairman Murray inquired about an entrance fee. Sergio Vazquez, Downey Brewing Company, 10924 Paramount Boulevard, Downey addressed the th Commission and provided additional information: 1) This will be their 4 Oktoberfest and the event continues to grow in popularity; 2) They are providing an additional day to accommodate their patrons; 3) They will provide a bit of Munich with German beer and German atmosphere (m usic); 4) They will keep the restaurant closed during the festival, and upon closing down they will not be re-opening the restaurant to customers, since all their staff will be working in the parking lot and after, will be fully engaged in clean- up activities; 5) Saturday hours may be modified to start as late as 4 p.m.; 6) All access points will be covered by staff or guard, and there will be two guards to watch over the activities, as well as one guard to watch over the band. Mr. Vazquez stated that the entry booth is at the Paramount entrance. He also stated that anytime a patron enters or leaves the property requires a security check. He also stated that that the Fire Dept inspects the premises prior to the activities being permitted. Finally, Mr. Vazquez stated that they are reserving Sunday morning for taking the set-up down. The Commissioners commented that the usual concerns that are mentioned by neighbors are trash, security, and noise. Mr. Vazquez responded: 1) His staff is in charge of trash detail; 2) There were no problems to speak of from last year’s event; 3) Most customers are regular customers and have been personally invited, and then bring along friends, so the clientele is not unruly; 4) they warn each of the patrons that they will be closely monitored and police will be called if there are any problems; 5) They will stop selling alcohol one (1) hour before closing; 6) They will charge a $10 cover charge to off-set costs; 7) They are employing a total of 6 - 7 guards, 2 in the front, 2 in the back and 2-3 to be within the fenced lot; 8) They anticipate 200 - 300 people to be in attendance. They will cut the attendance at 300, and allow queuing outside until others have left. Mr. Vazquez stated that he agrees to end the event at 11 p.m., understanding that noise travels at night and he does not want to be a disturbance to the neighbors. He also stated that no minors will be allowed to enter; that is a requirement from the Alcoholic Beverage Control. Chairman Murray asked staff if there was any correspondence. Mr. Davis stated that no correspondence had been received on this matter. Chairman Murray invited members of the audience forward to address any concerns. No one came forward at this time. Chairman Murray asked staff for their recommendation. Mr. Davis stated staff was recommending approval, and the Resolution No. prepared for their approval is 12-2786 approving PLN-12-00204. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission discussion: The Commissioners each expressed that they had no further concerns regarding the event. They noted that there were no apparently problems with the previous year’s event and they agreed that their concerns were addressed with the conditions being imposed. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a 4-0 vote, with Commissioner Morales absent, to adopt Resolution No. 12-2786 approving PLN-12-00204 (Special Event). PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 19, 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-12-00030 (PLANNED SIGN PROGRAM) Location: 8610 Firestone Boulevard Owner: Downey Marketplace Applicant: Brianna Griffin, Clear Sign and Design, Inc. Staff: Jose Vazquez/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 15311 (Class 11, Accessory Structures). Request: A request to approve the colors, materials, size and location of signs for a commercial retail center, Downey Marketplace (Firestone Ralph’s Center), for property zoned C-2 (General Commercial). Chairman Murray opened the public hearing for PLN-12-00030 (Planned Sign Program). Ms. Donahue affirmed proof of publication. Jose Vazquez, Planning Intern, presented staff’s report and PowerPoint for PLN-12-00030 (Planned Sign Program), noting staff supported the plan as presented; that the free-standing sign would include “Ralph’s” as the major tenant; and he reviewed the location for all wall signs as well as the monument sign. The monument sign prov ided sign area for up to four tenants. As provided in the chart in staff’s report, the sign description and sign areas were shown to be well below the maximum allowed. Mr. Vazquez noted that since the applicant had not provided the colors for the sign program; staff is suggesting that colors be limited to black, while, blue and/or red. Mr. Vazquez stated that staff believed the sign program created a good balance for the center. The Commissioners thanked Mr. Vazquez, noting he had given a good presentation. Mr. William Davis, City Planner, asked the Commissioner s if they wished to limit the number and size of signs on the monument sign? Commissioner Kiefer inquired about the location of the monument sign. Mr. Vazquez brought up the site plan depicting the location and noted the sign is set back seven (7’) feet. Brianna Griffin, Clear Sign and Design, Inc., 170 Navajo Street, San Marcos, Ca. addressed the Commission, noting that the design company’s goal is to create a balance of signs for the four in-line stores and there would be no changes or impact to vehicular or pedestrian traffic. In addition, to Mr. Davis’ concern that the Commission consider stati ng a limit to the number of names, Ms. Griffin stated they would have no need for any additional signs, since there will be no additional tenants. She noted that one of the new tenants is a dental office called Bright Dental, but she does not know the fourth tenant. Chairman Murray asked staff if any correspondence had been received. Mr. Vazquez responded, there had been no correspondence received. Chairman Murray invited members of the audience to address the Commission. No one came forward to address the Commission. Chairman Murray asked staff to state their recommendation. Mr. Vazquez stated staff recommended the Commission adopt Resolution No. 12-2787, approving PLN 12-00030 (Planned Sign Program). There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 19, 2012 – PAGE 3 Page 4 Commission discussion: The Commissioners noted they had no further questions; the plan was clear and provided good identification. They also noted they were happy t hat the monument sign was set back far enough to be out of the line of vision for vehicles. It was moved by Commissioner Lujan, seconded by Commissioner Garcia and passed by a 4-0 vote, with Commissioner Morales absent, to adopt Resolution No. 12-2787, approving PLN-12-00030 (Planned Sign Program). 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-12-00101 (TENTATIVE PARCEL MAP) and PLN-12-00196 (GENERAL PLAN CONSISTENCY FINDING) Location: 12504 Smallwood Avenue Owner: Margaret and Donald D. Jervis, Trustee Applicant: Hank Jong, EGL, Associates Inc. 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 15315 (Class 15, Minor Land Divisions). Request: Tentative Parcel Map and General Plan Consistency Finding: A request to subdivide one residential lot into two parcels and find that the vacation of an “easement for future road purposes” on the subject lot is consistent with the City’s General Plan for property zoned R1-5,000 (Single Family Residential). Chairman Murray opened the public hearing for PLN-12-00101 (Tentative Parcel Map) and PLN-12-00196 (General Plan Consistency Finding). Ms. Donahue affirmed proof of publication. Assistant Planner, Kevin Nguyen, presented staff’s report, explaining that the requested development would involve the vacation of an easement associated with the parcels. He noted that because the City no longer needed the easement. they are willing to return the easement area to the property owner in order to create appropriate for access the proposed lots. He stated that this easement vacation requires approval by the City Council, as well as the Planning Commission, to make the findings verifying that the request is consistent with the General Plan. He explained that the easement allows for the creation of a driveway for each of the properties. He stated that staff believed the request meets General Plan consistency, and therefore recommends that the Commission appro ve the Tentative Parcel Map and recommend City Council approval of the General Plan consistency finding. Hank Jong, applicant, 11819 Goldring, Arcadia addressed the Commission, stated he had read the conditions of approval and that the applicant intended to meet all the conditions, as well as complete the road improvements. He stated that the request falls within the General Plan’s allowable land uses. Chairman Murray asked staff for any correspondence. Mr. Kevin Nguyen responded that no correspondence had been received. Chairman Murray invited members of the audience to address the Commission. Wishing to address the Commission with their stated concerns were the following: 1. Laura Caton, 7920 Leeds Street, stated her concern over parking and crime on the streets; cars block their driveways and they have to call the police, who comes and gives tickets; car break-ins. She said this little street is very busy with the activities of the post office and from people from the park parking PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 19, 2012 – PAGE 4 Page 5 on the street. Ms. Caton asked additional questions regarding the proposed development, its orientation, and she stated a concern that there will be more impact to the streets. Also sharing Ms. Caton’s concerns, were the following: 2. Miguel Rivera, 7920 Leeds Street. 3. Sylvia Guiterrez, 7910 Leeds Street. 4. Jessie Guiterrez, 7937 Leeds Street, wanted to be re-assured that there would never be a through- street from the north side of these parcels, and wanted to have language added that provided that assurance. Mr. Nguyen explained that the easement is required to cr eate a private driveway for the two residences at the subject site, and would not become a public street. Community Development Director Saeki explained fu rther that motorists will not be able to use the proposed driveway to drive through to the north side of the subject site. The existing 25-foot easement runs along the west side property line and will simply serve the two single family residences. Mr. Saeki explained that the driveway will meet the City’s Code standards, and with the driveway provided, it is less likely the new homeowners will be parking their vehicles on the street. City Planner, William Davis, stated that essentially the City is giving up their easement since we will never provide a “future road” at this location, and by vacating the easement, the property owner can build a better project. At the residents’ urging, Mr. Saeki said it was possible to insert some language to provide the residents such assurance. 5. Rob Theron, 7906 Quill Drive, resident who lives on the north side of the subject site, stated there are residential homes along Quill Drive and calling attention to the block wall that separates his property from the subject site, he stated there is no plan to ever continue the street or to make it a through- street. Mr. Theron noted that they have asked for additional lighting along Quill Drive, next to the parking lot noting that after dark the area goes downhill, with crime, etc. Mr. Saeki noted that those issues are not germane to tonight’s discussions. He suggested Mr. Theron contact the Public Works Department regarding the street lighting. Mr. Saeki stated that he would like to ask the City Attorney’s direction regarding adding language to the conditions of approval and noting that Mrs. Yvette Abich Garcia, City Attorney, is not present this evening, he suggested continuing to the next meeting, October 3, 2012. Chairman Murray stated that even though the map does not provide for the road to go through, it might help alleviate the concerns of the neighbors. 6. Edna Janoco, 7908 Quill Drive, speaking for her 88 yr old mother, stated that she had not received a notice of the hearing. She stated that they’d been informed by her tenants that the City was creating a through street from their private street off Quill Drive. She explained that she just got the fax today and ran right over. She asked staff if her tenant’s understanding is accurate. Mr. Saeki responded, “no”, and explained again, there woul d be no through street, only a private driveway. Mr. Janaco also explained that she has one house on Quill Drive, and five more houses in the back, a total of six homes. Miguel Rivera asked when the matter would be addressed again and inquired if non-property owner residents could be notified. Mr. Saeki stated staff’s recommendation is to continue the hearing to October 3, 2012. He explained the notices are prepared from the a property owner gener ated from information derived from Los Angeles PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 19, 2012 – PAGE 5 Page 6 County Tax Assessor’s records, therefore, the property owners are sent the notices to their mailing addresses. But, he pointed out that everyone present is aware of the hearing date of October 3, 2012. Chairman Murray provided rebuttal time for the applicant. Mr. Jung explained that the proposed Tentative Map does not allow for a drive-through road; the number of units on the subject parcel is not going to change; there is a wall along the east, that is not a part of the subject property, and they have no right to remove it. He clarified that after the easement is vacated, that area will become a driveway , not a private street. It was moved by Commissioner Kiefer, seconded by Commissioner Garcia and passed by a 4-0 vote to continue the public hearing for PLN-12-00101 and PLN-12-00196 to October 3, 2012. 4. PLN-12-00222 (SPECIAL EVENT) Location: 10441 Downey Avenue Owner: Archdiocese of Los Angeles Applicant: Steffani McMains, Principal 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 permit the operation of a three-day annual carnival (October 12, 13 and 14, 2012) on the parking lot and in conjunction with the Our Lady of Perpetual Help School, on property zoned R-3 (Multi-Family Residential). Chairman Murray opened the public hearing for PLN-12-00222 (Special Event). Ms. Donahue affirmed proof of publication. Assistant Planner Nguyen presented staff’s report and accompanying PowerPoint, noting staff supported the applicant’s request, with the conditions of approval as stated. Chairman Murray asked if staff had heard of any complaints from the previous year’s event. Mr. Nguyen stated he had not heard of any problems with the previous year’s carnival. He also noted that the applicant may which to address the hours of the carnival. Steve Csomber. 12422 Woodridge St. Whittier explained that the carnivals are the main fundraiser for the private school, Our Lady of Perpetual Help. He asked the Commission to consider allowing the carnival to run until 12 p.m. on Saturday night, and mentioned a correction to Condition No. 5, that the installation will begin on Wednesday morning, not Thursday. The Commissioners addressed the fact that the carnival planners and event coordinators have kept all problems to a minimum, cleaning up as they go. They emphasized the importance of keeping the property clean and to follow the hours of set up and break down. Mr. Csomber stated that they have a company th at has been doing the clean-up for three years now. Chairman Murray asked for correspondence. Mr. Nguyen stated there had not been any correspondence received. Chairman Murray invited members of the audience to address the Commission at this time. PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 19, 2012 – PAGE 6 Page 7 No one came forward. Chairman Murray noted staff’s recommendation is for approval, the next Resolution No. is 12-2788. The Commissioners agreed that the event has been we ll-run and well-attended over the years. They believed that the issues had been address sufficiently in the conditions of approval. Commissioner Kiefer stated that he had no comment. It was moved by Commissioner Garcia, seconded by Commissioner Lujan and passed by a 3-0-1 vote with Commissioners Garcia, Lujan and Murray voting “Aye”; Commissioner Kiefer abstaining; and Commissioner Morales absent. Commissioner Kiefer explained that he abstained because his company has done a small amount of printing for the school. 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 : Chairman Murray informed staff that the former Licorice Pizza site, (Lakewood, south of Firestone and south of Citibank) is again in need of clean-up. IX. OTHER BUSINESS: No further matters were addressed. X. ITEMS F OR FUTURE AGENDA: No items for future agendas were discussed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 8:05 p.m., to Wednesday, October 3, 2012, 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 3rd day of October, 2012. 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 3rd day of October, 2012, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Morales NOES: COMMISSIONERS: Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Agendas\AGENDAS 2012 - PC\Sept 19, 2012\September 19, 2012-Minutes.doc PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 19, 2012 – PAGE 7