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Home My WebLink AboutPC Minutes - 03/06/13 o f 00 MINUTES �� REGULAR MEETING L 5 ` ..x., t DOWNEY CITY PLANNING COMMISSION WEDNESDAY, March 6, 2013 W CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE cat tos^' DOWNEY, CALIFORNIA 6:30 P.M. A regular meeting of the Planning Commission was held and adjourned at 7:10 p.m., March 6 2013, to Wednesday, March 20th, 2013, 6:30 p.m. at Downey City Hall, 11 111 Brookshire Avenue, Downey, CA. COMMISSIONERS: Matias Flores, District 4 Jim Rodriguez, District 5 Robert Kiefer, District 2, Vice Chairman Louis Morales, District 3, Chairman (arrived at 6:50 pm) OTHERS PRESENT: Yvette Abich- Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Mary Cavanagh, Secretary COMMISSIONERS ABSENT: Hector Lujan, District 1 L PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS: Vice Chairman Kiefer advised the commission of his conversation with Director of Community Development, Brian Saeki regarding the amount of temporary banners on Paramount Blvd. Mr. Saeki responded by stating that Code Enforcement was sent out earlier in the afternoon. PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: Mr. Saeki updated the Commission on the recent City Council Action regarding an abatement project of a residential property at 8341 Devenir, and a request to place a Lien against the owner to recover the costs of approximately $19,000 incurred by the City. He further stated that in the past few years there have been 135 calls for public safety to fire and police; 55 of which were in the last 18 months. Code Enforcement, together with public works, and a private firm went through the abatement process in boarding up the windows, and cleaning up the property inside and out. Mr. Saeki commented that the neighbors in the area were very pleased as this had been a problem for many years. PUBLIC HEARINGS: 1. PLN -12- 00270: Conditional Use Permit Vice - Chairman Kiefer opened the public hearing for PLN -12 -00270 for a Conditional Use Permit. City Attorney, Yvette Abich- Garcia addressed a typographical error on the Agenda regarding PLN -12 -00270 which listed the Conditional Use Permit as a Code Amendment Initiation Request. Senior Planner, David L Blumenthal confirmed the error was made on the Agenda only, and both the public notices and staff report reflect the application as being a Conditional Use Permit. Mr. Blumenthal gave a PowerPoint presentation of his staff report for a request to allow a Chiropractic Office by the name of The Joint, to operate within the Downey Landing Shopping Center. The applicant Planning Commission Minutes i■ee+►" March 6, 2013 will occupy one room with a multi table treatment area for the purpose of quick adjustments for their customers who would be monthly subscribers; should the customer need a massage, they would be referred to their associates at Massage Envy, and if an x -ray is needed they would be referred to the customer's regular doctor. Applicants, Regional Developer of The Joint, Ray Espinoza 23522 El Torro Rd. Suite 204 Lake Forrest, CA 92360 together with Owner, Mr. Anthony Tran (also owns the Massage Envy Franchise), and Architect/Contractor, Kerry Lehrbass appeared to answer any questions the Commission may have. Mr. Espinoza informed the Commission that The Joint has multiple locations nationwide, with the nearest locations being in Long Beach, and Lakewood, CA, Vice Chairman Kiefer asked how they would handle instances where the customer is in need of treatments other than adjustments; for example, massages and x -rays. Mr. Tran stated that the patients needing massages would be referred to Massage Envy, and Mr. Espinoza addressed the x -ray aspect by stating that patients in need of x -rays would be referred to another Chiropractor that offers that service, or their medical doctor. Commissioner Flores asked how they would determine if an x -ray is needed. Mr. Espinoza stated that the doctors at The Joint are state licensed Chiropractors and would be able to determine the need for further treatment by examining the patient, and reviewing their answers on the questionnaire they would have completed. Commissioner Rodriguez asked Mr. Tran if there would be x -rays at the facility, and also confirm there would be only 2 doctors and 2 front desk staff, to which Mr. Tran confirmed. Dr. Dan Fox, Chiropractor at 8101 Second St, Downey, was neither in favor nor opposed; he only wished to offer his comments. Dr. Fox stated his concern regarding the standard of care the patients would receive; noting that patients are not always in need of x -rays, and believes The Joint is targeting patients who are in need of maintenance care. Vice Chairman Kiefer asked the applicants if they anticipated caring for patients more than one at a time as the pictures provided in the staff report shows multiple tables, and also inquired as to how many tables would be at this location. Mr. Espinoza stated that the reason for multiple tables is to allow for growth; as they grow, they may have a second doctor there part time. Mr. Tran stated that this location would have (4) four tables. Commissioner Rodriguez commented that he sees no threat to other chiropractors, and believes it would be good for the community as well as a compliment to Massage Envy. Vice Chairman Kiefer said that he does not see problems and it seems to serve the maintenance aspect of a chiropractic office. It was then moved by Commissioner Rodriguez and seconded by Commissioner Flores and passed by a 3 -0 vote, with Commissioner Lujan and Chairman Morales absent (arrived at 6:50 p.m.), to adopt Resolution 13 -2815, thereby approving PLN -12- 00270. NON - AGENDA PUBLIC COMMENTS: None -2- Planning Commission Minutes L. :1 March 6, 2013 CONSENT CALENDAR ITEMS: At the request of Commissioner Rodriguez, item No. (3) three was pulled for discussion. It was moved by Commissioner Rodriguez and seconded by Commissioner Flores, and passed by a 4 -0 vote with Commissioner Lujan absent, to approve the following items on the Consent Calendar: 2. Minutes of February 20, 2013. 4. PLN- 13- 00048:(General Plan Consistency Finding) — A request to find the purchase of the following property 1) 29 sq. ft. from 11205 Paramount Blvd; 2) 1,341 sq. ft. from 8008 Firestone Blvd; and 3) 230 sq. ft. from 8001 Firestone Blvd for the Firestone Blvd Improvement Project is consistent with the City's General Plan. OTHER BUSINESS: Discussion by the Planning Commission was opened for Item No. (3) three of the Consent Calendar: PLN -13 -00047 (Code Amendment Initiation Request) — A request to initiate a Code Amendment to the Downtown Downey Specific Plan to require a Conditional Use Permit for hookah /cigar lounges. Commissioner Rodriguez requested clarification from staff to ensure that there will be no additional costs in obtaining Environmental Reports for this Code Amendment if they can be done in house by City Staff. Mr. Saeki confirmed that the complexity of this particular code amendment can be handled by City Staff at no cost to the citizens of Downey, also advising the Commission that there are some code amendments that would require assistance from outside professionals; however, that is not the case in this instance. Commissioner Flores asked staff if the two existing hookah bars would come back and apply. Ms. Abich- Garcia, advised the Commissioners that the Code Amendment applies prospectively; it is not for businesses that received approval under an old provision. It was moved by Commissioner Flores and seconded by Commissioner Rodriguez, and passed by a 4 -0 vote with Commissioner Lujan absent, to approve item No. 3 (three) on the Consent Calendar. STAFF MEMBER COMMENTS: Mr. Saeki gave thanks to Mr. Davis and his staff for the hard work on the Gateway project, and also gave a brief update on the upcoming opening of several restaurants, i.e., Burger City Grill, Pacific Fish, Round Table, as well as others. He continued by saying that there will be a formal Ribbon Cutting Ceremony toward the end of March or early April, and the newest tenant Noodle World will be opening at a later date. Vice Chairman Kiefer made mention of the problems with parking lot for the Gateway, and Chairman Morales mentioned the parking sign for the Gateway is blocked by a banner or flag making it difficult for passers by to see. Mr. Saeki stated that the property has multiple owners and the issue of the potholes in the parking lot is now a code violation, to which the city is working on getting it resolved. He continued by addressing the sign for parking being blocked and informed the Commissioners that it will be lit on both sides making it more visible, and he will see about relocating or removing any blockage of the sign. ADJOURNMENT: There being no further business to discuss, the Commission adjourned at 7:10 p.m., to Wednesday, March 20 2013, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave., -3- Planning Commission Minutes March 6, 2013 j APPROVED AND ADOPTED this 20th day of March, 2013. t� /.4 1 7,. ouis Mo .I s, 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 6th day of March, 2013, by the following vote: AYES: COMMISSIONERS: Morales, Kiefer, Flores, and Rodriguez ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Lujan NOES: COMMISSIONERS: None i Mary Cav- nagh, Secretary CITY PLANNING COMMISSION -4-