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HomeMy WebLinkAboutDec 5, 2012 Draft Minutes CITY OF DOWNEY __________ _______________________ MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY , DECEMBER 5 , 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6 :30 P.M. I. A Regular meeting of the Planning Commission was held December 5, 2012. After the Pledge of Allegiance to the Flag, Chairman Murray called roll at 6:34 p.m. COMMISSIONERS PRESENT : II. Robert Kiefer, District 2 Matias Flores , District 4 Hector Lujan, District 5 Michael Murray, District 1 , Chairman COMMISSIONER ABSENT: Lo uis Morales, District 3 , Vice - Chairman 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 Mary Cavanagh, Acting Secretary Theresa Donahue, Secretary MINUTES: I II. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a 3 - 0 - 1 - 1 vote, with Commissioners Kiefer, Lujan, Murray voting “Ayes”, Commissioner M atias abstaining, and Commissioner Morales absent, to approve the Minutes of November 7 , 2012 . AGENDA CHANGES: I V. Community Development Director Saeki stated there were n o changes to the agenda. REPORT ON CITY COUNCIL ACTION : V. Mr. Saeki stated th ere were no Planning - related items to report from the City Council’s November 27, 2012 meeting. CONSENT CALENDAR ITEMS: VI. 1. PLN - 12 - 00291 (Code Amendment Initiation) – A request to initiate a Code Amendment to update the Zoning Code to include provisions for emergency shelters, transitional housing, and supportive housing . 2. PLN - 12 - 00292 - (General Plan Consistency) – A request to find that the purchase of property located at 7966 Firestone Blvd by the Ci ty of Downey is consistent with the General Plan . Chairman Murray asked to pull both items and requested clarification. Community Development Director Saeki referred to Senior Planner Blumenthal. Senior Planner Blumenthal ex plained that the request to i nitiate th is Code Amendment is in response to Chapter 633, Statutes of 2007 (SB 2) adopted January 1, 2008 modifying State Housing Law by requiring cities to address the critical needs of the homeless. Per staff’s report, it is noted this Code Amendment i ncludes provisions for emergency shelters, transitional housing and supportive housing. He stated that initiation of the Code Amendment will allow staff to be gi n preparing the Code Amendment and schedule the public hearing. Commissioner Kiefer inquired i f identifying the homeless in the City would be a part of this research. PLANNING COMMISSION DRAFT MINUTES, DECEMBER 5, 2012 – PAGE 1 Page 2 Senior Planner Blumenthal responded it is not essential to develop this Code Amendment. It was moved by Commissione r Lujan, seconded by Commissioner Kiefer and passed by a vote of 4 - 0 - 1, with Commissioner Morales absent, to adopt a Minute Action initiating the Code Amendment. 2. PLN - 12 - 00292 - (General Plan Consistency) – A request to find that the purchase of property located at 7966 Firestone Blvd by the City of Downey is consistent with the General Plan . Chairman Murray asked staff to explain why this action is required. Senior Planner Blumenthal explained that the City of Downey may not acquire or dispose of prope rty, unless the Planning Commission finds that such acquisition or disposition is consistent with the General Plan (Government Code Section 65402(a)). Mr. Blumenthal provided a quick synopsis of the City’s evaluation and plans for the property, noting th at the intent of the Firestone Boulevard Street Improvement Project is to increase capacity of Firestone Boulevard and ease traffic flow. He stated that staff had determined that the purchase of the property will be consistent with the General Plan (Pro grams 2.1.1.5 & 2.1.1.6). It was moved by Commissioner Kiefer, seconded by Commissi oner Lujan and passed by a 4 - 0 - 1 vote, with Commissioners Kiefer, Flores, Lujan and Murray voting “Aye”, and Commissioner Morales absent to adopt Resolution number 12 - 2805, finding that the purchase is consistent with the General Plan. PUBLIC HEARING ITEM S : VII. PLN - 12 - 00201 ( APPEAL - MINOR MODIFICATION ) 3. Location: 7328 Dinwiddie Street Owner: Singh Sarbjit Applicant/Agent: Same Staff: Wi lliam Davis CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, p er CEQA Guidelines, Section 1530 5 (a) ( Class 5 , Minor Alterations in Land Use Limitations ). Request: An appeal of the City Planner’s decision to deny a request for a modification to the side setback area to permit the extension of an existing building lines for an addition to a single family residence on property zoned R1 - 5,000 (Single Family Residential). Chairman Murray opened the public hearing for PLN - 12 - 00201 (Appeal - Minor Modification). Ms. Donahue affirmed proof of publication. William Davis, City Planner, presented staff’s report and accompanying PowerPoint. He stated that the applicant appea l ed his decision to deny a Minor Modification to allow an addition to the single family dwelling on the subject property to maintain a 3.5 foo t side yard setback. The site plan showed the units which the applicant had built without the benefit of permit s. Mr. Davis stated that the applicant h as been renting out those illegally - built units . He explained that the City’s Code Enforcement staff became involved because of the violations. Mr. Davis explained that as City Planner he denied the applicant’s request to Administratively approve the setback at 3.5 - feet, citing concerns about the drawbacks of legalizing the non - permitted structure. Mr. Singh subsequently filed an appeal of that decision, which is before the Commission tonight. Mr. Davis then reviewed the required f ind ings to support the minor modification , and s ta ted those findings cannot be met. PLANNING COMMISSION DRAFT MINUTES, DECEMBER 5, 2012 – PAGE 2 Page 3 Mr. Davis stated staff’s recommendation is for the Planning Commission to deny the appeal, and uphold the decision of the City Planner. Mr. D avis stated that his position has not changed: the existing structure was built without the benefit of permits, nor inspections. He also noted that the design of the structure is not one the City would have approved. Mr. Sarbjit Singh , 7328 Dinwiddie S t., applicant, addressed the Commission providing the following: he was from India where the regulations are quite different; he did not realize that what he was building was illegal; he spent his hard earned income ($150,000) on the improvements; he is trying to make the structures legal. Mr. Singh objected to language in the staff report which suggests that, if the structure is legalized he would rent it out again . Mr. Singh stated his proposal would bring the structures into compliance and save him f rom demolishing them which , he said , would be a great loss. Commissioner Kiefer asked Mr. Singh if he realized that in order to make the structures legal, he would have to open up the walls and expose electrical, plumbing, framing and the foundation and t hat this in itself would be a great expense, with no guarantee that the units could be maintained. Mr. Singh said yes, he was prepared to do whatever it would take to get the structure legalized. Chairman Murray asked the applicant how long he had owned the property. M r. Singh responded, seven years. Chairman Mu rray asked Mr. Singh to clarify; is he saying that he was not aware that he cannot rent units at this property? Mr. Singh affirmed this to be true. Commissioner Lujan asked the applicant if he ’d paid contractors to work at this site? Mr. Singh responded, no, he had used laborers; however, the construction is not substandard. Community Development Director Saeki stated that while staff is sympathetic to the applicant’s plight, the City comes across illegal construction daily , and very little of it is salvageable, because they do not comply with the City’s codes. Also noting the additional issue of the choppy design was clearly meant for rental units. He stated that in his opinion this illega l construction cannot be salvaged. Mr. Singh stated that his plan h ave been well - designed and all C ity standards taken into consideration. Commissioner Kiefer said it would probably be cost - prohibitive to try to salvage the structures. Chairman Murray asked staff for any correspondence. Mr. Davis stated 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 to state their recommendation. Mr. Davis stated that staff recommended the Commission adopt the attached Resolution, denying the appeal and upholding the City Planner’s decision . T he Resolution number is 12 - 2806. There being no questions regarding staff’s recomm endation, Chairman Murray closed the public hearing. PLANNING COMMISSION DRAFT MINUTES, DECEMBER 5, 2012 – PAGE 3 Page 4 Commission discussion: Community Development Director Saeki stated that there is no way to know the type of construction for a structure built without the benefit of inspections. Mr. Davis affirmed, noting that to properly inspe ct, all the wall s will need to be stripped down to the framing, and the concrete needs to be cut into as well. Commissioner Lujan stated he was in agreement with the City’s position; that the structures were built illegally a nd there is no way to know the type of construction. Commissioner Kiefer agreed, adding that although he sympathizes with Mr. Singh’s financial hardship, there are many aspects of the structure that are unpermitted, and it is potentially unsafe. Chairman Murray stated his agreement, noting that the City cannot allow this type of illegal construction, not to mention the potential impact by vehicles on the streets due to the number of tenants that would inhabit such units. It was moved by Commissioner Kie fer, seconded by Commissioner Flores and passed by a 4 - 0 - 1 vote, with Commissioner Morales absent, to adopt Resolution number 12 - 2806, denying PLN - 12 - 00201 (Appeal) . Chairman Murray stated the action of the Planning Commission will be final unless the mat ter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City’s Ordinance. PLN - 12 - 00216 (CONDITIONAL USE PERMIT ) 4 . Lo cation: 8803 Imperial Highway Owner: Jesus Magana Applicant: Crown Plaza Dev elopment LLC Staff: Kevin Nguyen CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, p er CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A reque st to allow an existing restaurant (La Perla Del Mar) to upgrade their Department of Alcoholic Beverage Control (ABC) Type 41 (On - Sale B eer and Wine, Eating Place) to an ABC Type 47 (On - Sale General, Eating Place) license and to allow the restaurant to i nclude disc jockey with their previously permitted live entertainment activities (the restaurant was prev iously approved to have karaoke and customer dancing) on property zoned C - 2 (General Commercial). Chairman Murray noted correspondence from the app licant requesting a continuance on this item until December 19, 2012. It was moved by Commissioner Kiefer, seconded by Commission Lujan and passed by a 4 - 0 vote to continue the public hearing for PLN - 12 - 00216 to December 19, 2012. PLN - 12 - 00257 ( CONDITI ONAL USE PERMIT ) 5. Location: 12270 Paramount Boulevard Owner: Wal - M art Stores, Inc. Applicant: Brent McManigal on behalf of Wal - Mart Stores , Inc Staff: David Blumenthal CEQA: As required by the California Environmental Quality Act (CEQA), this request ha s been found to be Categorically Exempt from CEQA, p er CEQA Guid elines, Section 15304 (Class 1 , Existing Facilities ). PLANNING COMMISSION DRAFT MINUTES, DECEMBER 5, 2012 – PAGE 4 Page 5 Request: A request to operate an existing grocery store (Wal - M art Neighborhood Market) with a Department of Alcohol Beverage Control Ty pe 21 (Off - Sale, General) license for property zoned C - 2 ( General Commercial ). Chairman Murray opened the public hearing for PLN - 12 - 00257 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. Senior Planner, David Blumenthal presented staff’s report and accompanying PowerPoint. He noted that while the Walmart store opened on November 7, 2012 following a long refurbishment, they are without a alcohol sales (Type 21 - Off - sale, General) license and wish to get that approval tonight. Mr. Blumenthal noted that this type of license is typical for grocery stores. He stated that while staff was able to support this request, an issue had been identified whereby the store has had trucks queuing along the back entrance off Montgomery Street . He noted that those truck motors are often allowed to idle for various lengths of time which can be disturbing to the neighboring residents. Condition N umber 15 has been revised to address this concern and is found on the yellow copies being distributed. T his c ondition states that deliveries shall be permitted from the Montgomery entry only between the hours of 7 am (8 a.m. on Saturdays) to 10 pm. He also noted that a letter of correspondence had been included in staff’s report . Sara h Compton, applicant’s representa tive and attorney for Walmart, with the law firm Gresham, Savage, Nolan, & Tilden , 5 50 E. Hospitality Avenue, Ste 300 , San Bernardino, 92408 addressed the Commissioners. She thanked staff and noted they had been great to work with. She noted th at they were present to answer any questions, along with the store manager. Store Manager, Jaime Onibasa, Walmart Neighborhood Market, 12270 Paramount Blvd, Downey CA 90241 stated that she accepted the amended conditions. Commissioner Kiefer asked Ms. On ibasa if she was aware of the complaint regarding the trucks queuing along Montgomery, and would she correct that situation? Ms. Compton responded that the complaint came prior to their awareness of the 7 a.m. restriction, and in response to Commissioner Kiefer’s inquiry, she added that the trucks are allowed to queue along Montgomery from 7 a.m. to 10 p.m., but the trucks cannot idle more than five minutes. Ms. Onibasa noted that the trucks will pull in from Montgomery, but will turn off their engines un til ready to back up onto the docks. Commissioner Lujan clarified that all other deliveries will be to the front of the store from 10 p.m. to 7 a.m. Ms. Onibasa stated that she would be sure to get this information distributed. Chairman Murray asked for any correspondence. Mr. Blumenthal noted that they h ad received just the one letter as mentioned earlier . Chairman Murray invited members of the audience to address the Commission. No one came forward at this time. Chairm an Murray asked for staff’s re commendation. PLANNING COMMISSION DRAFT MINUTES, DECEMBER 5, 2012 – PAGE 5 Page 6 Senior Planner Blumenthal stated staff was able to make the findings to support the request, and the accompanying Resolution number will be 12 - 2807. There being no questions regarding staff’s recommendation, Chairman Murray closed the publi c hearing. The Commissioners were in agreement that everything seemed in order, and that persons living nearby should not be impacted by the truck activity. They stated their support for the success of the market. It was moved by Commissioner Lujan, seco nded by Commissioner Flores and passed by a unanimous vote of Commissioners present, to adopt Resolution number 12 - 2807, approving PLN - 12 - 00257 (Conditional Use Permit). ORAL COMMUNICATIONS VIII. : Chairman Murray acknowledged Council members Guerra, Gafin and Saab, along with Mrs. Gafin, in the audience. OTHER BUSINES S : IX. 1. The Commissioners welcomed newest Commissioner , Matias Flores, District 4. 2. The Commissioners noted the new center at Downey Avenue and Firestone (Gateway) was near completio n. 3. Chairman Murray commented on the condition of the vacant lot at Firestone and Lakewood. Mr. Saeki explained the challenges related to that particular property. ITEMS FOR FUTURE AGENDA: X. Community Development Director Saeki noted that a work shop has been scheduled during the , Commission’s next meeting December 19 2012 , to address the Housing Element. ADJOURNMENT: X I . There being no further business to come before the Planning Commission, the Commission adjourned at 7:40 p.m., to Wednesday, December 19 , 2012 at 6:3 0 p.m., Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 19th day of December , 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 19 th day of December , 2012, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Theresa Donahue, Secretary CITY PLANNING COMMISSION H: \ Community Development \ Planning Commission \ Agendas \ AGENDAS 2012 - PC \ Dec 5, 2012 \ Dec 5, 2012 Draft Minutes.doc PLANNING COMMISSION DRAFT MINUTES, DECEMBER 5, 2012 – PAGE 6