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HomeMy WebLinkAboutPC Minutes - 11/07/2012 CITY OF DOWNEY __________ _______________________ MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY , NOVEMBER 7 , 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6 :30 P.M. I. A Regular meeting of the Planning Commission was held November 7, 2012. After the Pledge of Allegiance to the Flag, Theresa Donahue called roll at 6:30 p.m. COMMISSIONERS PRESENT : II. Ernie Garcia, District 4 Hector Lujan, District 5 Louis Morales, District 3 , Vice - Chairman Robert Kiefer, District 2 Michael Murray, Dist rict 1 , Chairman ALSO PRESENT: Brian Saeki, Director of Community Development Yvette Abich Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Jessica Flores, Associate Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary MINUTES: I II. It was moved by Commissioner Morales, seconded by Commissioner Lujan and passed with a 5 - 0 vote, to approve the Minutes of October 17 , 2012 as presented. AGENDA CHANGES: I V. Commun ity Development Director Saeki stated there were no changes to the agenda . REPORT ON CITY COUNCIL ACTION : V. Mr. Saeki stated there were n o Planning – related items to report from the City Council meeting of October 23, 2012. CONSENT CALENDAR ITEMS: VI. Chairman Murray noted t here were n o Consent Calendar Items on this evening’s agenda. PUBLIC HEARING ITEM S : VII. PLN - 12 - 00221 (CONDITIONAL USE PERMIT) 1 . Location: 7444 Florence Avenue Owner: Boand Holdings Del Rio LLC et al Applicant/Agent: Jesus Cerecer 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 C EQA Guidelines, Section 1530 1 ( Class 1, Existing Facilities ). Request: A request to establish and operate a “Zumba” fitness dance studio on property zoned C - 2 (General Commercial). Chairman Murray opened the public hearing for PLN - 12 - 00221 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. Commissioner Morales stated that he would have to abstain due to potential conflict of interest ( he lives within 500 feet of the subject property ) . He then left the dais, and removed himself from the Council Chambers. PLANNING COMMISSION MINUTES, NOVEMBER 7, 2012 – PAGE 1 Page 2 Assistant Planner, Kevin Nguyen, presented staff’s report and accompanying PowerPoint. He stated that staff was able to support the request , and that the recommended conditions require the rear door remain closed, except for emergencies, in order to reduce noise impacts to neighboring residents to the south. The Commissioners inquired if this was the applicant’s first such studio and also asked to affirm the parking had been sufficiently addressed. Mr. Nguyen affirmed the parking was sufficient, adding that this parcel was separate from the Amapola Market parcel. He noted that Mr. Cerecer has another facility approved by the Commission at Lakewood and Gardendale. Jesus Ce recer, 10124 Maple St., Bellflower addressed the Commission. He stated that he had read and agreed to the recommended conditions attached to staff’s resolution for approval. He cautioned that the sound barrier request might make the project un - doable, but would research the cost. He also shared that he was representing the owner, while he, himself, was not on the lease. Responding to questions from the Commissioners, Mr. Cerecer provided the following: He anticipates an average of 20 people per ses sion, people of all ages; he has spoken to one of his neighbors about his planned activity and that neighbor was supportive. Chairman Murray asked staff for any correspondence. Mr. Nguyen responded, no correspondence had been received on this matter. Chairman Murray invited members of the audience to address the Commission. Elizabeth Kelly, representing the center, Tri - Delta Management, addressed the Commission. She noted that she had received one complaint regarding the activities , but since the do or has been closed, there have been no additional complaints. Ms. Kelly stated that the owners of the center also support the request. She noted that the center usually has no parking issues, other than 5 - 6 days a year when the market holds it’s annua l sales. She stated that they have owned the parking lot for 40 - 45 years. Responding to questions from the Planning Commission, Ms. Kelly noted that she was not familiar with the requirement for a sound wall, and wondered if the applicant, as a tenant, could make a case for a hardship and pointed out that the south wall is concrete, which would aid it serving as a sound barrier. Mr. Nguyen stated staff’s recommendation is for approval with the conditions as provided is the attached Resolution. The R esolution number will be 12 - 2800. Chairman Murray asked if there were any questions regarding staff’s recommendation. There was no indication that a nyone had a concern or question, as nobody came forward. There being no questions regarding staff’s reco mmendation, the public hearing was closed. Commissioner comments: Commissioner Kiefer stated that his only concern was in regards to potential noise impacts to neighbors; however, the condition requiring a sound barrier wall alleviates that concern. Com missioner Lujan stated his first concern w as in regards to parking impacts, but looking at the businesses and the hours of operation, it would appear the busiest time for the Zumba is the evening and the impact will be minimal. Chairman Murray stated h is support for the dance program. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a 4 - 0 vote with Commissioner Morales abstaining, to adopt Resolution number 12 - 2800, approving PLN - 12 - 00221 (Conditional Use Permit). Cha irman 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. PLANNING COMMISSION MINUTES, NOVEMBER 7, 2012 – PAGE 2 Page 3 Commissioner Morales returned to t he Chamber and took his seat at the dais. PLN - 12 - 00210 (CONDITIONAL USE PERMIT ) 2. Lo cation: 11820 Downey Avenue Owner: Cathrine Zarrabi Applicant: J & C Zarrabi Properties, LLC Staff: Jessica Flores CEQA: As required by the California Environmental Qua lity 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 request to allow valet parking, which includes reduced size parking spaces, at an existing multi - tenant building located at 11820 - 11822 Downey Avenue, zoned C - 1 (Neighborhood Commercial). Chairman Murray opened the public hearing for PLN - 12 - 00210 (Conditional Use Permit. Ms. Donahue affirmed proof of publication. Jessica Flores, Associate Planner, presented staff’s report and accompanying PowerPoint. She explained that the new property owner was not aware the re was parking deficiency when she purchased the property for the medical (chiropractic) use. She explained the valet parking is one option the City has identified in order for her to utilize the building for the purpose intended , and requires a reconfiguration of the parking layout. She presented the site plan and described the planned layout noting that the stall sizes are undersized ; however, a van accessible handicapped stall will be provided at the rear of the building. She informed the Commission that there is room for two vehicles to queue without extending into the public right - of - way. Ms. Flores noted that if the valet parkin g was not allowed, the applicant could be required to remove portions of the building in order to reduce the parking requirement. Commissioner Morales asked staff if they had considered other alternatives. Ms. Flores noted that staff had reviewed a num ber of alternatives, with valet parking being the most workable. David Angelo, the applicant’s representative and architect , 8804 Beverly Blvd, Pico Ri vera, addressed the Commission. He has been working with the Planning and Building departments for quit e some time and this alternative is what has been found to be the best available, in order to preserve the structure of the building and use it to its fullest potential. He noted that he has been dealing with a few restrictions that make the property chal lenging, such as no t using the alley at the rear of the building , and the number of required parking spaces for medical use. He affirmed the following: 1) he was aware of the existing gas meter on the side of the building and intend s to provide obstructio n poles to protect it; 2) that the trash enclosure will be located just south of the handicapped stall; 3) there is a 1,046 square foot tenant space currently leased by a single realtor. Cathrine Zarrabi, applicant, addressed the Commission and provided the following additional information: 1) there will be two full - time and one part - time employee; 2) she sees/attends to two - three patients per hour; 3) yes, she realizes valet parking can be costly, but she is electing this option. Ms. Zarrabi noted that she has been a chiropractor in Downey for 13 years and purchased this building eight months ago, not realizing there was an issue with the parking. She stated that she is willing to employ a full - time valet in order to make this building useable. Comm issioner Morales asked if the tenant of the building was aware of the valet parking issue and was willing to abide by those restrictions. Ms. Zarrabi affirmed he was aware and was willing to abide by such. PLANNING COMMISSION MINUTES, NOVEMBER 7, 2012 – PAGE 3 Page 4 Chairman Murray asked staff for its recommendati on. Associate Planner Jessica Flores stated that staff’s recommendation was for approval. The Resolution prepared for this approval will be number 12 - 2801 . Chairman Murray invited questions or comments regarding staff’s recommendation. No one came for ward or raised a hand to be acknowledged. There being no question/comments regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission comments: Commissioner Lujan stated that he was happy to hear about the efforts extended t o the applicant in order to make her plans successful. Commissioner Morales commented that he would be interested to see how this valet activity would function , and was a bit doubtful that it would run smoothly; however, he stated he was able to support the vale t option, noting the C ode allowed for it. Commissioner Kiefer stated his agreeme nt, noting that he supported this option which would keep the patients’ cars off the street . Commissioner Garcia stated his agreement. Chairman Murray noted that he was familiar with valet for the Dal Rae Restaurant and thought it was a good solution, and stated his support for this request . He shared that he was happy to see the doctor would be able to keep her business in Downey. It was moved by Commissioner Lujan, seconded by Commissioner Garcia and passed by a unanimous vote (5 - 0), to adopt Resolution No. 12 - 02801, approving PLN - 12 - 00210 (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. PLN - 12 - 00238 ( VARIANCE ) 3 . Location: 8441 Florence Avenue Owner: Christian Missionary Society of Southern California (Downey Memorial Christian Church) Applicant: Jim Simington Staff: Jessica Flores 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 (Class 5, Minor Alterations in Land Use Limitations ). Request: A request to deviate from Section 9620.04 of Downey Municipal Code allowing for a proposed monument sign to exceed the maximum allowable square footage, thereby increasing the maximum sign a rea from 20 sq. ft. to 42 sq. ft.; and to allow the sign to encroach into the required 7' setback by 5' - 5", thereby providing a 1' - 7" setback from the property line, on property zoned C - P (Professional Office). Chairman Murray opened the public hearing for PLN - 12 - 00238. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, NOVEMBER 7, 2012 – PAGE 4 Page 5 Associate Planner, Jessica Flores presented staff’s report and accompanying PowerPoint. She explained staff’s inability to support the applicant’s request for excess square footage and for reduced setback derives from their inability to ma ke the required findings for a v ariance. She pointed out that the proposed monument sign, with a 1.7 foot setback from the sidewalk, would present a visual hazard by blocking a driver’s visibility of pede strian traffic, as well as westbound vehicular traffic. She noted other objects as well, for example: 1) the exi sting sign could be refurbished, without requiring a variance; 2) a similar variance request was denied for a bank across the street . Chairma n Murray inquired about the existing monument sign. Ms. Flores noted that this sign was approved by Zone Exception. 1. Ji m Simington of Eco Sign , applicant, distribu ted a packet of photocopies of c hurch monument signs throughout the City and pointed out numerous large scale signs, noting their heights and widths. He stated that he was a conscientious business man who would never create a hazardous situation. He demonstrated that the line of visibility of a person sitting in their car next to the monumen t sign was clear and not a hazard. Mr. Simington explained the desire of the Downey Memorial Christian Church is to provide a better image for the church and also provide better identification for those looking for the churc h. He stated that the curren t C ode doesn’t permit church monument sign larger than 15 square feet, no matter the size of their structure, and his opinion is this is not adequate. Mr. Simington’s exhibits included signs for the following churches: Calvary Chapel , Presbyterian, Chri st Lutheran, Cornerstone, Love, Peace Happiness Family Christian, Iglesia de Cristo, Trinity Baptist, and Messiah Lutheran. H e stated that he has provided signs for the City of Downey for 31 years and has always tried to maintain integrity and sign ethic s. He stated that the size of the sign is the most important element. Mr. Simington introduced church members/staff, Pastor Annika, Den nis Short and Jerry McCarg. Commissioner Morales inquired about the existing sign and possibilities of removing it and refurbishing, noting there were another seven feet behind the existing monument sign that could be utilized, if they were to remove it . Mr. Simington explained that the monument sign is set four - feet deep and would be a great expense to remove , costin g a minimum $3,000. He also noted that it serves a dual purpose as a parking buffer. Commissioner Morales stated that although the proposed sign is very nice, there are other locations that would be appropriate for the new sign besides the chosen locatio n. Some discussion followed regarding the proposed sign vs. other options to provide an acceptable monument sign. Community Development Director Saeki stated that the Sign C ode requires a seven foot setback, anything closer than seven feet, and larger t han 15 square feet requires a variance and he explained that the findings cannot be made. Mr. Simington asked about the excessive monument signs for the other churches, as provided in his exhibit. Ms. Flores responded that she would have to double check all the permits; however, the Sign C ode changed in 2008, and each of the signs shown were installed prior to 2 008. She noted that the prior C ode allowed sign area based on the zone that the church was in, not specific to the church use. Chairman Murray asked if the applicant would consider shaving down the existing monument sign to a base, and install the new sign on top of it. PLANNING COMMISSION MINUTES, NOVEMBER 7, 2012 – PAGE 5 Page 6 2. Jerry McCarg, church trustee, speaking on behalf of the church, stated that they were very grateful to be able to appear b efore the Commission and address their submittal. He noted that the church was established in 1958 and has provided for the needs of the community. T he sanctuary with Christ’s outstretched arms was designed in part, by Jack Robinson . What the church des ires is an updated look and to unify the elements. He said the existing monument provides a good barrier, but as a sign is obsolete parallel to the street rather than perpendicular, which they are requesting. 3. Associate Pastor Annica Terrones, stated th at it has been her goal since she first came to the church to refurbish the sign, which she stated seemed obsolete from the first time she saw it. She explained that she received complaints from people who pass by the church without seeing the signs. M s. Terrones stated they want to be visible from the street and to have a more modern look. She said that they are aware of positive changes happening in Downey and they don’t want to be left behind. 4. Pastor Dennis Short stated he has been the church pasto r for 2 - 1/2 years . Before that he was the pastor of Harbor Christian Church in North Long Beach for 16 years . Pastor Short shared that when Harbor Christian added three new signs it made a big difference. Chairman Murray suggested that the appearance of the facility could be greatly improved by taking care of the weeds and dead grass. Chairman Murray asked staff for any correspondence received. Ms. Flores stated no correspondence had been received. Chairman Murray invited comments from the audience . Emery Sipos, 128 — Smallwood Avenue stated that Florence Avenue is a bike route for students and since the City has no bike lanes, he felt the visual obstruction caused by the monument sign so close to the sidewalk would create a safety hazard. Chairman Murray asked for staff’s recommendation. Associate Planner Flores stated staff was recommending denial, noting that findings to support the variance cannot be made. She stated that the Resolution number is 12 - 2802. Chairman Murray asked for any comments or questions regarding staff’s recommendation. No one came forward at this time. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission comments: Commissioner Kiefer agreed that a new sign would be nice for the church, but agreed with staff that the location proposed would create a hazard for pedestrians, joggers and motorists , because it would require pulling into the sidewalk in order to gain visibility ; that there are no special circumstances to warrant a variance; and findings cannot be made to support the variance request. Commissioner Kiefer stated that he believed the applicant had other alternatives to consider. Commissioner Garcia stated a concern regarding safety. Commissioner Lujan a greed, noting that there have been serious accidents along Florence Avenue caused by lack of visibility and high speeds. H e would not support this variance request. Commissioner Morales stated that the applicant has other options available, with the leng th of the property extending 250 - feet. He stated that cost of the improvement cannot be a consideration when evaluating findings to support a variance. He suggested the applicant continue to work with staff. PLANNING COMMISSION MINUTES, NOVEMBER 7, 2012 – PAGE 6 Page 7 Chairma n Murray stated his agreement, as wel l. He also stated that Mr. Simington had provided an excellent presentation. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a 5 - 0 vote, to adopt Resolution No. 12 - 2802 denying PLN - 12 - 00238 (Variance). Chairman Murray s tated 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. PLN - 12 - 00251 ( CONDITIONAL USE PERMIT ) 4 . Locatio n: 12143 Paramount Boulevard Owner: Leonard, Richard Tr Applicant: Raymond Gonzalez Staff: David Blumenthal CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, p er CEQA Guid elines, Section 15304 (Class 1 , Existing Facilities ). Request: A request operate a physical training/fitness center (Pledge Fitness Physical Training) on property zoned C - 2 (General Commercial) . Chairman Murray opened the public hearing for PLN - 12 - 0 0251. Ms. Donahue affirmed proof of publication. Commissioner Kiefer asked staff to verify that his home was outside the 500 - foot radius. Senior Planner Blumenthal , after reviewing the radius map within the case folder, verified that Commissioner Kiefer was outside the radius and therefore was able to participate on this matter. Senior Planner Blumenthal presented staff’s report and accompanying PowerPoint. He noted that staff was able to support the applicant’s request in a positive manner. He noted that the fitness center is not proposing to utilize music as part of their activities, but within any gym there is a certain amount of noise and therefore staff was recommending that the rear door remain closed (Condition number 7). nd Raymond Gonzalez, appl icant, 7308 Luxor St., Downey, along with Manual Ponce, 1152 E. 2 St., Long Beach , shared the inspiration behind their business plan; stated their proposed hours of operation were 6 a.m. - 8 a.m. and 6p.m. – 8 p.m. with no more than 20 persons per class, usually 10 to 15 per class. He explained they provide a daily workout program. Mr. Gonzalez stated that the program is open to the public; usually the clients are not younger than age 14, and begins with individual one - on - one training. After that the cl ient enters into the regular classes. Additionally, he stated he understood the responsibility of graffiti removal. Chairman Murray asked staff for any correspondence. Mr. Blumenthal noted receipt of one letter from a nearby resident, which was provide d to the Commission. She had expressed a concern about the potential noise impacts. Mr. Blumenthal informed the Commission that he believed the noise would be contained with in the building. Chairman Murray asked staff for its recommendation. Senior Pl anner Blumenthal responded, staff’s recommendation is for approval, the Resolution number will be 12 - 2803. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. PLANNING COMMISSION MINUTES, NOVEMBER 7, 2012 – PAGE 7 Page 8 Commission discussion: The Commissioners were very positive about the proposed business, noting that the one residents’ noise concern seems to have be e n addressed. During their discussion, it was noted that the owner of the property maintains an on - site office , as well, and therefore would be near by for monitoring noise impacts, if any. It was moved by Commissioner Morales, seconded by Commissioner Kiefer and passed by a unanimous vote, to adopt Resolution number 12 - 280 3, approving PLN - 12 - 00251 (Conditional Use Permit). Chairman Murray stated th e 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. ORAL COMMUNICATIONS VIII. : None OTHER BUSINES S : IX. 1. Planning Commission By - laws Community Development Director Saeki stated that in order to mirror the City Council meeting format, staff is recommending the Planning Commission By - laws be amended accordingly. One recommended change adds a Section, “Non - A genda Public Comments” , while another places Minutes and Administrative Reports under Consent Calendar. Mr. Saeki stated the r esolution number to approve the changes is 12 - 2804, and will be a recommendation to City Counci l. He noted that the Or der of Business is the only recommended change to the Planning Commission By - Laws. Commissioner s Kiefer and Morales addressed the Non - Agenda Public Comments Section, which allows for pub lic comment, which previously fell under “Oral Communications”. It was moved by Commissioner Kiefer, seconded by Commissioner Morales and passed by a unanimous vote, to adopt Resolution number 12 - 2804, recommending modification of the Planning Commission By - Laws in regards to Article IV, Order of Business. 2. Chair man Murray acknowledged two Montebello residents in the audience, students from Cal State Long Beach. 3. Community Development Director Saeki introduced Mary Cavanaugh, who has been hired to replace Theresa Donahue as Planning Secretary. 4. Commissioner Kiefer inquired of Mr. Saeki if the attendance record of the Planning Commissioners had been forwarded to each of the City Councilmembers, as directed by the Chairman at the last meeting. Mr. Saeki said that he would follow through on that directive. 5. The Commission noted that the liquor store at Florence and Lakewood (Price’s Liquor), as well as the entire retail center, seemed to have excessive signage and asked that it be looked into. 6. Commissioner Lujan reported that St. Raymond’s had held a successful carnival. ITEMS FOR FUTURE AGENDA: X. No additional information was addressed. ADJOURNMENT: X I . There being no further business to come before the Planning Commission, the Commission adjourned at 8:30 p.m. Because it was anti cipated there would no t be a quorum for the regularly scheduled meeting of November 21 , 2012, the Commission adjourned to Wednesday, December 5, 2012 6:3 0 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 PLANNING COMMISSION MINUTES, NOVEMBER 7, 2012 – PAGE 8 Page 9 APPROVED AND ADOPTED this 5 th day of December , 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 5 th day of D ecember , 2012, by the following vote: AYES: COMMISSIONERS: Kiefer, Lujan, Murray ABSENT: COMMISSIONERS: Morales ABSTAIN: COMMISSIONERS: Matias NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNI NG COMMISSION PLANNING COMMISSION MINUTES, NOVEMBER 7, 2012 – PAGE 9