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HomeMy WebLinkAboutDraft Minutes, October 3, 2012 MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, OCTOBER 3, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held October 3, 2012. After the Pledge of Allegiance to the Flag, Chairman Murray called roll at 6:30 p.m. II. COMMISSIONERS PRESENT: Louis Morales, District 3, Vice-Chairman Robert Kiefer, District 2 Michael Murray, District 1, Chairman COMMISSIONERS ABSENT: Hector Lujan, District 5 Ernie Garcia, District 4 ALSO PRESENT: Brian Saeki, Director of Community Development Yvette Abich Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: Motion by Commissioner Kiefer, second by Commissioner Morales and passed by a vote of 3-0-2, with Commissioner Lujan and Garcia absent, to continue the Minutes of September 5, 2012, to the Commission’s next meeting, due to lack of a quorum of eligible voting members. Motion by Commissioner Kiefer, second by Commissioner Morales and passed by a vote of 3-0-2, with Commissioners Morales, Kiefer and Murray voting “Aye” and Commissioners Lujan and Garcia absent, to approve the Minutes of September 19, 2012. IV. AGENDA CHANGES: Chairman Murray noted there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki reported that the City Council, at their regular meeting held September 25, 2012, adopted the Ordinance rezoning the property located at 8605 Gallatin Road from C-2 (General Commercial) to R-3 (Multi-family Residential), and the Land Use Designation (General Plan Amendment) from Commercial to Medium Density Residential, in order to proceed with plans to build the 46 townhomes. VI. CONSENT CALENDAR ITEMS: Chairman Murray noted that there were no Consent Calendar Items on this evening’s agenda. VII. PUBLIC HEARING ITEMS: 1. 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). PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 1 Page 2 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 stated that the public hearing for PLN-12-00101 and PLN-12-00196 had remained open from the previous meeting held September 19, 2012, and invited staff to present their staff report. Commissioner Morales affirmed to Chairman Murray, Commissioner Kiefer, staff and those present in the audience that he had reviewed the recorded meeting as well as the Minutes from the last meeting and was able to participate in discussion on this matter. Community Development Director Saeki reviewed the status of the matter, noting that at the last meeting neighbors had expressed concerns with the proposed land vacation and land subdivision due to a perception that a road might be continued through from the north side of the subject property into this neighborhood. He stated that a new condition has been added to dispel those concerns, which he read into the record (and reads): “There shall be no access provided from the subject site to properties north of the site.” Chairman Murray stated that he believed this condition should alleviate the neighbors’ concerns regarding a through-street. Greg Baek, representative for EGL Associates, Inc, 11819 Goldring Road, Unit A, Arcadia, speaking on behalf of Hank Jong addressed the Commission, noting that they accepted the new condition’s language. Chairman Murray asked staff for any additional correspondence. Assistant Planner, Kevin Nguyen, noted that no new correspondence had been received. Chairman Murray invited members of the audience to address the Commission. No one came forward at this time. Chairman Murray noted that there were no further comments or concerns being addressed by the neighbors and asked staff for the recommendation. Mr. Nguyen stated staff’s recommendation is for approval, and noted the associated Resolution numbers are 12-2789, approving PLN-12-00101 (Tentative Parcel Map); and Resolution number 12-2790, recommending City Council approve the General Plan Consistency Finding (PLN-12-00196). Chairman Murray asked if there were any questions regarding staff’s recommendation. No hands were raised and no one came forward to address the Commission. There being no questions regarding staff’s recommendation the public hearing was closed. Commission discussion: Commissioner Kiefer noted that the neighbors’ main concern was regarding additional traffic impacts, and those concerns have been addressed. Commissioner Morales thanked staff for resolving the concern with the additional condition, but noted that there never was a plan to bring the road through; the condition merely affirms what was never going to happen. He noted that staff was being accommodating to the neighbors and thanked staff and the applicant for allowing the additional language. PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 2 Page 3 Motion by Commissioner Kiefer, second by Commission er Morales and passed by a 3-0 vote to adopt Resolution No. 12-2789, approving PLN-12-00101 (Tentative Parcel Map) to subdivide one residential lot into two parcels on property located at 12504 Smallwood Avenue, zoned R1-5,000 (Single Family Residential). Motion by Commissioner Morales, second by Commissioner Kiefer and passed by a 3-0 vote to adopt Resolution No. 12-2790, recommending approval of the General Plan Consistency Finding to the City Council (PLN-12-00196). 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-12-00199 (CONDITIONAL USE PERMIT) Location: 7931 Firestone Boulevard Owner: Eduardo Chantre Applicant: Jose V. Correa/Vasilio’s Restaurant & Bar 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 15301 (Class 1, Existing Facilities). Request: A request to approve the expansion of the live entertainment at an existing restaurant that operates with an alcoholic beverage control Type 47 license, on property zoned C-2 (General Commercial). Chairman Murray opened the public hearing for PLN-12-00199 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff’s report and accompanying PowerPoint, noting that staff supports the applicant’s request to bring the existing restaurant/bar into code compliance by having its conditional use permit approved to allow the expans ion of live entertainment for the restaurant to include disc jockey, live band, karaoke and dancing, which operates with a Type 47 Alcohol Beverage Control license. Mr. Nguyen stated that staff wished to address a concern regarding potential noise impacts, by providing a condition that require s the applicant to keep the rear door closed during business hours. Responding to questions from the Commissioners, Mr. Nguyen added, 1) Vasilio’s has an existing Type 47 ABC license; 2) There have been some complaints received by the Police Department, but he was not familiar with them. Applicant Jose Correa, 7931 Firestone Boulevard addressed the Commission, testifying that he had not experienced any major problems or complaints from the neighbors; most of his patrons are mature, and his club is more of a social club, which he has owned since 2005. He noted that he has experienced car alarms from vehicles parked at Norm’s, a 24-hour business, going off and disturbing the peace of the neighborhood. Mr. Correa responded to questions from the Commissioners, noting that the restaurant is mostly open for dinner (6 p.m.), other than a few times when they are open for special luncheons. Commissioner Morales asked Mr. Correa about the complaints from the neighbors directly behind his property (per four letters that were provided to the Commissioners in their staff reports). Mr. Correa responded, noting that he had read the letters from the neighbors, and believed they might be thinking the restaurant has changed owners. He is aware of one problem that had occurred in the lot. Mr. Correa stated that they have only had live bands (m ariachi) about three times per year, and did not PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 3 Page 4 want to increase that activity. No membership is required. The hours of operation are Mondays 6 pm to 1 am; Fridays and Saturdays to 2 am; however, they stop selling alcohol at 1:30 am. They currently have a Type 47 ABC license. The dinner menu consists of Mediterranean, Continental, Caribbean and Mexican cuisine. Mr. Correa stated that he’d never been cited for serving alcohol to a minor. In addition, they collect a $5 cover charge when they have special band event and serve appetizers. Mr. Correa stated that he had read and accepted the recommended additional condition of approval. Mr. Saeki stated that staff was recommending approval, but noted that the restaurant had been cited by Code Enforcement for allowing a live band to perform at the restaurant. He informed the Commission that this situation had been corrected. Chairman Murray asked if there was any further correspondence. Mr. Nguyen responded, there was no other correspondence than what had been distributed. Chairman Murray invited members of the public to address the Commission. No one came forward at this time. Chairman Murray asked for staff’s recommendation. Mr. Nguyen stated staff recommended the Commission approve PLN-12-00199 (Conditional Use Permit ), modifying the conditions to require the back door remain closed during business hours. Chairman Murray inquired if there were any questions regarding staff’s recommendation. Commissioner Kiefer asked the distance from the back of the restaurant wall to the single family property to the rear. Mr. Nguyen stated there was a 100-foot separation. Commission discussion: Commissioner Morales stated that Vasilios operates primarily as a nightclub, and secondarily as a restaurant; that with the conditions in-place, the proper controls provide adequate protection to the residential neighborhood. He stated that he would like to have heard from the neighbors this evening, so they could explain the impacts. Commissioner Mo rales stated that it is his hope that the restaurant continue to operate as a bonafide restaurant as the economy continues to improve. Commissioner Kiefer stated his agreement the restaurant appears to be operating more as a nightclub. He noted his concern with the conditions as stated, that he is not in favor of allowing the facility to be open until 3:00 a.m. He stated that he would prefer the “nightclub” activities and hours of operation be more in- line with past approvals. Commissioner Kiefer also noted that he’d like to have more details about Police Department calls to the business. Chairman Murray stated that he favors Condition #6 (“The gross sale of alcohol shall not exceed the gross sales of food. .. .”), and believed that keeping the sales of food primary controls the issue of nightclub vs. restaurant. Some discussion followed regarding the practicality of obtaining such records. Commissioner Kiefer said he would like to review the conditions more closely, so as to conform to the Commission’s past conditions of approval. Commissioner Morales pointed out that since the neighboring business, Norms, is open 24 hours, the Commission could consider limiting the hours of entertainment and allowing the later hours for the restaurant, if alcohol was no longer being served. He also suggested that the Police Department have a representative at future meetings. PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 4 Page 5 Mr. Saeki explained that representatives from each of the City Departments meet to address each case prior to presenting before the Planning Commission in order to flush out their concerns and address possible mitigation measures. He noted that Police Department has stated its concerns regarding this business. He stated that those concerns have been addressed within the conditions of approval. Commissioner Morales stated he wanted to see consis tency with the City’s approvals. Commissioner Kiefer agreed, noting he was not familiar with another nightclub approved until 3 a.m. It was moved by Commissioner Kiefer, seconded by Commissioner Morales and passed by a 3-0-2 vote, with Commissioners Morales, Kiefer and Murray voting “Aye” and Commissioners Lujan and Garcia absent, to continue this item to the next meeting, Oc tober 17 and direct staff to provide more information regarding the neighbors’ issues and compare the hours of operation and conditions to other similar approvals, and also to confirm the nature of the type of activities requested. 3. PLN-12-00205 (SITE PLAN REVIEW AND CONDITIONAL USE PERMIT) Location: 9250 Lakewood Boulevard Owner: Matthew Rodman/Furst Enterprises Applicant: Masood Elahi/Bickel Underwood Corp 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 15302 (Class 2, Replacement or Reconstruction). Request: A request to demolish and reconstruct a McDonald’s Restaurant with drive- thru lanes, on property zoned C-2 (General Commercial) and PB (Parking Buffer). Chairman Murray opened the public hearing for PLN-12-00205 (Site Plan Review and Conditional Use Permit). Ms. Donahue affirmed proof of publication. David Blumenthal, Senior Planner, presented staff’s report and accompanying PowerPoint. He stated that staff was able to make the findings in a positive manner to support the applicant’s requested project. He noted that a lot line adjustment is being processed concurrently with this project. Mr. Blumenthal also noted that although the redesign will create a loss of eight (8) parking spaces, the center has sufficient parking spaces to absorb the loss. He also noted that the new drive-through will allow for nine additional vehicles in the queue, thereby doubling the code requirement. Mr. Blumenthal provided a material board to the Commission as he described the proposed new McDonald’s restaurant. He also reviewed the proposed landscaping the applicant would provide. James Bickel, Architect with Bickel Underwood Corporation, 3600 Birch Street, Ste 120, Newport Beach, Ca., addressed the Commission, thanking them for their consideration of the proposal and explained that McDonald’s wished to improve the on-site circulation as well as provide an updated, more functional restaurant with a classic design. He noted that they are losing some parking spaces due to the redesign but also because of the dedication of land to the City. Addressing the double drive aisles, he stated that they have provided extensive research and found that the side by side aisles function more efficiently. Commissioner Kiefer inquired what other locations are utilizing the double-aisles. Mr. Bickel responded that there are about 50 in the southern California area. Carlos Madrigal, with McDonald’s Corporation, 3800 Kilroy, Airport Way, Long Beach, recalled locations in La Habra and Los Alamitos, noting that the double drive-aisle design has been in effect for about two years and will affect about 60% of the drive-thrus. He stated that the new restaurant will be more family- oriented. Mr. Madrigal had one question regarding staff’s recommended conditions of approval, and asked for clarification of Condition number 14. PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 5 Page 6 Senior Planner Blumenthal explained that this condition would limit the number of menu boards to two (32 square feet each at five foot in height). Matthew Rodman, representing the property owners, Furst Enterprises, 8955 National Blvd., #100, Los Angeles, Ca. addressed the Commission, noting that he has been working with McDonald’s and the City since they acquired the property two years ago to improv e the on-site circulation. He stated that they are pleased to support this application for redesign of the restaurant. Chairman Murray asked staff for any correspondence. Mr. Blumenthal stated that no correspondence had been received. Chairman Murray invited members of the audience to address the Commission on this matter. No one came forward at this time. Chairman Murray asked staff for their recommendation. Senior Planner Blumenthal stated that staff’s recommendation was for approval of PLN-12-00205 (Site Plan Review and Conditional Use Permit). Chairman Murray asked if there were any questions regarding staff’s recommendation. No one raised a concern. There being no questions regarding staff’s recommendation, the public hearing was closed. Commission discussion: The Commissioners addressed the planned improvements on the site, stating that the findings have been met and concerns had been satisfied. They noted that the dual drive-thru is a newer design and hoped that it proved to be more efficient. They agr eed that the current circulation was problematic, impacting the rest of the center’s flow. Commissioner Morales said that he thought a better layout would be to flip the building the other way, with a 33-foot driveway approach further away fr om Lakewood; however, he can support the proposal and thought the dual drive-thru lanes would improv e the queuing and therefore improve circulation on- site. Chairman Murray said he was pleased to see McDonald’s had the confidence to invest their money into a new building at this location, which will help the center’s overall success. It was moved by Commissioner Kiefer, seconded by Commissioner Morales and passed by a 3-0-2 vote with Commissioners Morales, Kiefer and Murray voting “Aye”, to adopt Resolution No. 12-2791, approving PLN-12-00205 (Site Plan Review and 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. 4. PLN-12-00215 (CONDITIONAL USE PERMIT) Location: 8832 Imperial Highway Owner: David Gonsalves Applicant: Luis Gomez 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 15301 (Class 1, Existing Facilities). PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 6 Page 7 Request: A request to allow a new bar to operate with an alcoholic beverage control Type 48 license, on property zoned C-2 (General Commercial). Chairman Murray opened the public hearing for PLN-12-00215 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff’s report and accompanying PowerPoint, noting that staff has addressed concerns regarding potential noise impacts to the residential neighborhood south of the subject site, and with the conditions that have been recommended believe all the findings can be met. Mr. Nguyen noted that staff had received no correspondence from adjacent property owners. Commissioner Morales asked what other uses are operating within the building and Commissioner Kiefer inquired as to the proximity of the residential properties to the south, and if the applicants have ever operated this type of business. Mr. Nguyen responded, there are two schools operating within this building: a karate school and a barbering school. The residential properties are fifty feet south of the rear property line. Mr. Nguyen stated that according to the applicant, this is the first bar they hope to open. Applicants Luis Gomez, 9516 Lubec, Downey and Armando Rivera, 10834 Hasty Avenue, Downey addressed the Commissioners. They affirmed that they had read and agreed to the conditions of approval. Mr. Gomez stated that his curr ent business is for a chemical company. The Commissioners asked questions regarding the site plan and found that the applicants intend to create a “casual bar” atmosphere by utilizing an existing fountain at their entrance area and providing cocktail tables. The restaurant will include two ADA- approved restrooms, an existing office/inventory room, and mop room. Mr. Gomez and Mr. Rivera stated that the facility, with the existing restrooms, has existed for seventeen years. They explained their desire to create an atmosphere that is not commonly found in Downey. Their goal is to raise the standard of this “casual bar” above the normal sports bar atmosphere, by providing areas that patrons can relax and talk and by raising the standard attire that is encouraged (no sports clothing). David Gonslaves, 8818 Imperial Highway, owner, addressed the Commission and clarified that he installed the fountain about 18 years ago when he was remodeling this portion of the building to be his personal office, but admitted that he had never finished the project. Commissioner Kiefer asked Mr. Gonsalves when he planned on improving the parking lot, noting that the condition is poor and the Commission had address ed the needed improvements during their last Conditional Use Permit review (Barbering School). Mr. Gonsalves stated that he has estimates of $150,000 to complete the required improvement, and he hoped to have the work done once all the tenant spaces are leased. Commissioner Kiefer pointed out that the condition of the lot could be preventing the leasing of the building to quality tenants. Other comments included whether the owner could proceed with repaving a portion of the lot? Mr. Gonsalves provided details about his attempt to improve the lot, damage that was done to his lot by contractors hired by the City to improve Imperial Highway. Commissioner Morales stated that to keep the focus on maintaining a higher quality establishment, he wanted to ask the applicant not to post the usual beer signs commonly seen on bars. PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 7 Page 8 Mr. Gonsalves stated the vendors do usually provi de special consideration for putting up their advertisements, so there may be some. He also stated that there would be a few tables in the front area and some permanent benches to be installed in the rear, with televisions installed above, but volume will be low enough to allow conversation. He stated that the rear door will remain closed, recognizing that complaints from the residents could cause the operators to lose their lease. Chairman Murray asked when the barbering school closed and what was the school’s reaction to having a bar open right next door? Mr. Gonsalves noted that he believed they closed at 6 p.m. and they actually are happy to have the business in hopes that it might help increase their own activities. Commissioner Morales asked if the applicants planned to provide music. Mr. Gomez said there would be some music probably a mixture of IPOD and jukebox music. And they have begun some improvements, beginning wi th imported wallpaper from Germany. Commissioner Morales asked if approved, how close the property would be to 100% leased, and asked at what point the applicant intended to improve the condition of his parking lot. Mr. Gonsalves said, it would be at about 15-20% vacant. Another factor for him completing those improvements is whether or not his tenants pay their rent, which currently is a problem. The Commissioners emphasized to Mr. Gonsalves t he importance of improving his parking lot. Chairman Murray asked staff for any correspondence received. Assistant Planner, Kevin Nguyen, stated there was no correspondence received. Chairman Murray invited members of the public to address the Commission on this matter. 1. Martin Felix, 8706 Meadow Rd., addressed concerns regarding the number of bars in the area. He pointed out that there are bars on every corner: Casa Blanca, El Maguey (sp?), and another one near the corner, and did not believe another bar was warranted, nor desirable. He stated that the La Perla del Mar, across the street, operates as a bar and he lives behind those facilities and its very noisy. He said that someone was injured at the La Perla del Mar, possibly killed, on August 25. He agreed that the parking lot of the subject site is in terrible condition. Chairman Murray said that staff could review the activities at La Perla del Mar, to see if they are operating within their approval. Chairman Murray offered the applicant rebuttal time. Mr. Gonsalves stated that the El Maguey had closed and would not be coming back. He also stated that their business should not be denied because another is run poorly. He explained that his leasees will be running a very different type of bar. Mr. Gomez stated that they did their due diligence prior to investing in their business and they intend to keep the environment safe and believe it will have a positive affect on the neighborhood. Chairman Murray called for staff’s recommendation. Kevin Nguyen stated staff was recommending approval. If the Commission agrees, the Resolution number is 12-2792. PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 8 Page 9 Commissioner Kiefer asked if the bar across the street that had been closed (El Maguey) would require a new conditional use permit in order to reopen. Senior Planner David Blumenthal noted that the bar could basically re-open with one year, without requiring a conditional use permit. There being no further questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission discussion: Commissioner Morales stated that he was comfortable with the conditions that have been addressed; he believed an upscale casual bar could be successful and a welcome change. He noted that the applicants were meeting the requirements of the City’s code. Commissioner Morales also noted that a bar of this type could do well in the City’s downt own, and hoped to see other bars be inspired to improve their facilities in a similar fashion. He also noted that he does not have a concern with the proposed music since it does not appear to be the main focus of the bar. Commissioner Kiefer said that this was a tough decision for him because one on hand he likes the bar that is being proposed, and he realizes there are several other drinking establishments in the area. He noted that this is the third conditional use permit for this location to come before the Planning Commission, and each time they address the parking lot, and now the lot is dilapidated. He stated that he has a problem approving until the lot is approved. Discussion followed during which City Attorney Yvette Abich Garcia reminded the Commissioners of a past approval whereby they had conditioned a conditional use permit with the needed resurfacing of the parking lot. At that time, The Planning Commission placed the burden on both the applicant and the property owner. She stated that the problem comes when the request before them is from a leasee of the property and not the property owner, and by tying in a requirement to improve the parking lot, the condition is difficult to enforce and it puts the applicant’s business at a disadvantage, since it is the responsibility of the owner to improve the lot (unless it is in the applicants’ lease to take care of the lot.) She suggested keeping the review for the conditional use permit separate from the discussions regarding the parking lot improvements. Ms. Garcia noted that the City could address the condition of the parking lot through Code Enforcement. Commissioner Kiefer stated that he is a small business owner and also understands the investment that the applicants will be putting into their facility. He said that he cannot in good conscience support allowing another business to go forward at this loca tion without the necessary improvements to the lot. He stated that he believed the property owner needs to start making some repairs to the property in order to help the applicants’ business be successful. He noted that a rundown property does not invite good, upscale patrons. Commissioner Morales asked how the Commission would be able to condition the bar to maintain its goal of being different and “upscale”, and what w ill prevent it from becoming a typical neighborhood bar? Community Development Director Saeki stated that the City would have the tools to address any problems should they develop, with the ability to address conditions, and ultimately the power to revoke the use. Commissioner Morales stated that normally an upscale business opportunity looks for facilities that are improved. He noted that this should be a priority for the applicants and the owner to complete. He stated that this matter could be handled separately, but he cautioned the owner that the Commission is concerned about this matter. He also suggested the owner apply for a Planned Sign Program for the property. More discussion followed regar ding planned improvements for the property: PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 9 Page 10 It was moved by Commissioner Morales, seconded by Commissioner Murray and passed by a 2-1 vote with Commissioners Morales and Chairman Murray voting “Aye” and Commissioner Morales voting “No”, to approve PLN-12-00215, approving the Conditional Use Permit, and adding a condition that the rear door remain closed. 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. 5. PLN-12-00235 (SPECIAL EVENT) Location: 8141 De Palma Street Owner: Downey Unified School District Applicant: Heidi Llanes (on behalf of Warren High School Staff: William E. Davis 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 by Warren High School to conduct a three-day carnival on October 19, 20 and 21, 2012, which includes rides, game booths, and food sales, on the parking lot of Warren High School, on property zoned R1-5,000 (Single . Family Residential) Chairman Murray opened the public hearing for PLN-12-00235 (Special Event). City Planner, William Davis, presented staff’s report and accompanying PowerPoint and stated staff was able to support the applicant’s request to permit a carnival at the Warren High School campus, with the recommended conditions as per the attached resolution. Mr. Davis stated that he had received one phone call from a neighboring property owner who had concern regarding the noise and traffic impacts. The applicant has addressed all potential concerns that staff had addressed with her. He also noted that the applicant is the same lady that processed the Dow ney High School carnival application, Ms. Heidi Llanes, and that Ms. Llanes has proven herself to be thorough and to have followed through with her stated commitments. Commissioner Kiefer asked if Warren High School had secured permission from the School District? Mr. Davis stated that staff’s report includes a copy of signed authorization from Ms. Wendy L. Doty, and with John M. Morris, dated August 8, 2012. Chairman Murray invited the applicant to address the Commission. Heidi Llanes, 7635 Coolgrove, Downey addressed the Co mmission. Ms. Llanes stated that they had read and agreed to the recommended conditions of approval. She also shared that the Downey High School carnival proved to be very successful, noting that they had earned the $20,000 that they needed to obtain the grant from the Major League Baseball and they were awarded $65,000 worth of field improvements at Downey High School. Ms. Llanes noted that the improvements were currently underway and would be complete prior to this year’s baseball season. Ms. Llanes explained that she had promised the Downey principal to offer to help Warren should they choose to have a carnival to benefit their programs. She explained that the various programs can participate in fundraising by selling pre-sale tickets, while the earnings from the carnival will benefit the athletic programs. Chairman Murray asked staff for any correspondence. PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 10 Page 11 Mr. Davis responded, no correspondence was received, only the one phone call. Chairman Murray invited members of the audience to address the Commission. No one came forward to speak. Chairman Murray asked for staff’s recommendation. Mr. Davis stated staff supports the applicant’s request, and recommends the Planning Commission approve the Special Event permit. If t he Commission agrees, the Resolution number is 12- 2793. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission discussion: The Planning Commissioners expressed their support for the carnival, noting that it would benefit the community. Commissioner Morales stated that he was impressed with Ms. Llanes contribution to Warren High School, helping them get this application processed. Each of the Commissioners noted that they hoped all the conditions stated in the resolution were expressly followed, cautioning that the neighborhood should not be negatively impacted. It was moved by Commissioner Morales, seconded by Co mmissioner Kiefer and passed by a 3-0 vote, to adopt Resolution number 12-2793, approving PLN-12-00235 (Special Event). 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. 6. PLN-12-00236 (SPECIAL EVENT) Location: 12145 Woodruff Avenue Owner: Iglesia de Cristo Ministerios Llamada Final Applicant: Edwin Lopez Staff: William E. Davis 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 to conduct a one-day outdoor harvest festival on Saturday, October 13, 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-12-00236. Ms. Donahue affirmed proof of publication. William Davis, City Planner, presented staff’s report and accompanying PowerPoint, noting that staff was recommending approval, with the conditions as stated. Mr. Davis stated that the church staff has indicated they expect less than 500 people to attend. He also stated that in the past there have been concerns expressed by neighbors regarding the impact to the neighborhood due to event attendees’ vehicles parking on the public streets of their neighborhoods. Mr. Davis also noted that a City employee, Kevin Nguyen, had attended the church’s last event from April this year and was present. Mr. Davis stated that the church representatives ’ goal last year was to keep the traffic from the residential neighborhood, and stay on top of the trash and noise impacts. He stated that he believed they were successful in meeting this goal since he hadn’t heard otherwise; that he hadn’t received any calls from the neighbors. PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 11 Page 12 Commissioner Kiefer inquired how many such events the church was permitted. Mr. Davis responded, they are permitted four special events each year. Chairman Murray mentioned that there had been one special event where the church did not file an application. Community Development Director Saeki responded, they had a Grand Opening in February, 2011 without the benefit of filing an application. Mr. Davis added that the Grand Opening had caused many phone call complaints to be registered with the City. Kevin Nguyen, Assistant Planner with the City informed the Commissioners that he had attended the last Harvest Festival, in April 2012, and had not seen any negative issues arise. He said the event was well-staffed and was under control. Mr. Davis informed the Commission that the neighbor who had attended last year’s Commission meeting was in the audience this evening. David Martinez, 5301 Palm Avenue, Whittier, Ca., representative for the applicant, stated that he accepted the conditions of approval, including Condition Number 13 which requires that the church provide letters from neighboring businesses allowing the church to use their lots for event attendees parking. Chairman Murray asked staff for any correspondence received. Mr. Davis responded, no correspondence had been received. Chairman Murray invited members of the audience to address the Commission. The following persons wished to speak in opposition: 1) Sabina Arencibia, 12102 Cornuta (corner of Cornuta/Washburn). Ms. Arencibia described the impact of the church activities to her as “a nightmare”, with large trucks parking on the street and activities beginning as early as 7 a.m., disturbi ng her peace from Friday through Sunday. She also described other impacts to include debris left behind and vehicles parking and blocking access from her own driveway. 2) Thomas Lopez, 12115 Cornuta greeted the Commissioners. He stated that these church activities do nothing to benefit the neighborhood. He said the event attendees are inconsiderate, leaving trash behind. He stated that Mr. Nguyen must not have been present at the event earlier this year or he would be aware of the problems that they had. Mr. Lopez described the church as a “mega- church” with members coming from distant cities. In addition he claimed that their lives are being negatively impacted, and it is every Sunday, not just the special events. Mr. Lopez also pointed out that the representatives for the church are not even present this evening to respond to their complaints. He stated that the church needs a parking structure for their 2,000 members. Commissioner Kiefer inquired about the traffic impacts on Sundays. Mr. Lopez said the traffic begins at 8 a.m. and runs until 1 and 2 p.m. City Attorney Garcia reminded the Commission and those in the audience that this hearing was in regards to the Harvest Festival, not the weekly services. Mr. Lopez also stated that he’d like to see the copies of the authorizations of use of off-site lots. Chairman Murray noted that those letters would be available prior to the event being approved. PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 12 Page 13 3) Theresa Avera, ____ Cornuta stated her concern regarding parking impacts to their street, leaving no place for her family to park; noting every Sunday is the same. Speaking in rebuttal, Mr. Martinez said he was not aware of any 18-wheelers parking on the street. At their last event they had one 18-wheeler that parked in the lot, but this year they would not have any 18-wheelers. Mr. Martinez stated that they follow all requirements. He stated that his role with the church is video director. In addition, he noted that they had staff directing attendees away from the residential neighborhoods. He stated that he was not aware of any spill-over into the residential neighborhood. Ms. Abich Garcia, City Attorney, pointed at that the hours stated in conditions of approval, noting set up and take down are permitted as early as 7 a.m.; and perhaps that should be addressed. Community Development Director Saeki stated that church staff could certainly control where the event contractors park their trucks, directing them to their ancillary sites. He stated that the mechanism is in place for staff to require all trucks be kept off the residential streets. He also encouraged the neighbors to call the Police (Watch Commander) if the trucks are parking on their street or people are blocking driveways. Chairman Murray suggested Mr. Martinez stated that they are willing to compromise these conditions and work with staff to alleviate the concerns of the neighbors. Chairman Murray noted that although it is not possible to stop vehicles from parking on the public street, he asked that the event planners do all they can to keep attendees from parking on the street. He also stated that he is disturbed hearing the trash is being left behind. Also, he asked if the church is utilizing parking spaces for their tent set-ups. Commissioner Morales pointed out that the church has provided a site plan of the proposed set up, designating location of tents and available parking. Chairman Murray asked for staff’s recommendation, and also when the letters are required. Mr. Davis stated staff was recommending approval, and the Resolution number will be 12-2794. He stated that the letter are required from the applicant no later than October 10, 2012, and before permits will be signed off. Commission discussion: Commissioner Kiefer stated that the problem may be the number of events being permitted, and suggested limited organizations to two events per y ear, unless the parking is available for all anticipated attendees. He encouraged Mr. Lopez to report back the position of the neighbors. Commissioner Morales stated that he was satisfied with the conditions that are in-place, but his concern is if the church has become a “mega-church” with insufficient parking, noting that the church appears to draw large numbers of members. He stated that he would like the head pastor to attend future hearings to address the concerns of the neighbors, if the church believed this event was important for them. He agreed that limiting the number of events on site is one way to reduce the impacts. Another means to control them is to limit the size of the event. Chairman Murray indicated that he was apprehensive to approve this permit due to the issues raised by the neighbors, noting that the church needs to be more sensitive to the neighbors’ complaints and noted the Commission would be particularly watchful of this year’s event. PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 13 Page 14 The Commissioners addressed the issue of set up and take down hours, agreeing that 7 a.m. was too early and asked the applicant to consider 9 a.m. as an alternative. Mr. Martinez said that they could accept 9 a.m. set up/take down, with the event beginning at 10 a.m.; and agreed to the change. It was moved by Commissioner Morales, seconded by Commissioner Kiefer and approved by a 3-0 vote, to adopt Resolution No. 12-2794, modifying Conditions number 1, 10, 11 and 13, to change the start time of the event to 10 a.m. (Condition 1), set-up to begin after 9:00 a.m., October 12 (Condition 10), clean up to begin after 9:00 a.m., October 14 (Condition 11), and off-street parking agreement letters to be received by October 10, 2012 (Condition 13), and approving PLN-12-00236. 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 acknowledged Dan Fox, current GOOD President and Jerry Andrews in the audience. OTHER BUSINESS: IX. Commissioner Morales thanked Mr. Saeki for his assistance in having the curb along Tecum Road, across from Gloria’s Restaurant successfully red painted. He stated that the traffic flow has been improved substantially. X. ITEMS F OR FUTURE AGENDA: Chairman Murray asked the Commission secretary to provide a record of Commissioners’ attendance at Planning Commission meetings for the last 24 mont hs, and provide that record to City Council, noting that the Commissioners hold an important position and emphasized the importance of being present. Mr. Saeki affirmed that the information would be provided. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 9:50 p.m., to Wednesday, October 17, 2012, 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 17th 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 17thday of October, 2012, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Lujan, Garcia NOES: COMMISSIONERS: Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Agend as\AGENDAS 2012 - PC\Oct 17, 2012\October 3, 2012- Draft Minutes.doc PLANNING COMMISSION DRAFT MINUTES, OCTOBER 3, 2012 – Page 14