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HomeMy WebLinkAbout5. PC Draft Minutes - 05-01-13DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, May 1 , 2013 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A R egular meeting of the Planning Commiss ion was called to order on May 1 , 2013, at 6: 35 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was called. COMMISSIONERS PRESENT: Matias Flores, District 4 Jim Rodríguez, District 5 Robert Kiefer, District 2, Vice Chairman Louis Morales, District 3, Chairman Hector Lujan, District 1 OTHERS PRESENT: Brian Saeki, Director of Community Development Yvette Abich - Garcia, City Attorney Mark Sellheim, Principal Planner David Blumenthal , Senior Planner Jessica Flores, Associate Planner Mary Cavanagh, Secretary COMMISSIONERS AB SENT: None PLANNING COMMISSIONER ANNOUNCEMENTS ; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS : None PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: None PUBLIC HEARINGS: 1. PLN - 12 - 00261 : Variance Chairman Morale s open ed the public hearing for PLN - 12 - 00261 . Associate Planner Jessica Flores gave a PowerPoint presentation of her staff report : a request for approval of a v ariance to allow the main structure at 7215 Bairnsdale Avenue to encroach into the required 20 - foot rear yard setback of the property and be b uilt to the rear pr operty line. Ms. Flores gave a brief background of the request, stating that the City’s Code Enforcement staff received an anonymous complaint on August 23, 2012, that a patio cover and bar beque equipment were constructed illegally. A f ield investigation confirmed both structures existed and that the construction was done without benefit of permits. The patio cover was built immediately adjacent to the balcony that is attached to the rear of the residence . The balcony was a legal addition with permits finalized in 1988 . This permit allowed for a 10 - foot rear yard setback for 22 - foot length (approximately) of the main dwelling, which encroac hes into the required rear yard. T he illegal patio cover eliminates the required 20 - foot rear setback. The applicant submitted a request for a v ariance on October 17, 2012 ; however, staff determined that additional information was needed and therefore deemed the application incomplete. The applicant ret urned on January 14, 2013 with required information, and the application was deemed complete on Ap ril 4, 2013. Planning Com mission Minutes May 1 , 2013 Ms. Flores explained that s taff researched 33 cases in the area and found one v ariance on Rivergrove Drive for f ront and rear setback. The v ar iance was granted in 1990 due to special circumstances : the property was on a private street and the property owner was required to give up 24 feet of land for the street . The unique angle of the pr operty also provided cause for approving a v ariance . Base d on the analysis and not being able to m ake the findings in the case of 7215 Bairnsdale , staff is recommending denial of the v ariance request . Applicant/Designer Alberto Montalvan, residing at 10023 Karmont Ave, South Gate, CA stated that there are sever al properties in the area with the sa me conditions, and felt misled by staff. He continued by saying that he came in to City Hall prio r to accepting the job, and accepted the job because he believed that the application would be approved. Vice Chairman Ki efer and Chairman Morales asked Mr. Montalvan if he had come to pull permits before, to which Mr. Montalvan clarified that he had not come in to pull the permits until after Code Enforcement had come to investigate, and he then came to the City to legalize the patio and was told that it would be okay. Owner , M arco Elias 7215 Bairnsdale St., stated that he came in to legalize the patio structure within two days of Code Enforcement coming to his home ; he spoke to Ms. Flores and was told that he could apply f or a Variance , and was also told that there was no one in the area with a similar structure. Mr. Elias brought in a poster board display with photos of homes in his area with similar structures that he himself considered to be hazardous and unsafe , and su bmitted it to the Planning Commission. He continued by saying that he is an Engineer by trade and built what he believed to be a safe structure for his family to enjoy and one that it would not encroach on his neighbors, but would in fact enhance the home , thereby revitalizing the area. Chairman Morales asked Mr. Elias to explain why he believed this was a hardship , to which Mr. Elias explained that it was due to how the process of applying for the Variance was originally presented to him by staff, and th e financial expense he incurred by hiring a designer to legalize the structure. Chairman Morales responded by saying that it is a setback issue, as well as the integrity of the structure; however, i f the structure wa s found to be constructed correctly, it does not me an that it would then be allowed to encroach into the setback. Mr. Elias’ response was that he obtained letters from all of his neighbors stating that they do not have a problem with it, and he submitted them to City Attorney Yvette Abich - Ga rcia to be submitted into the record. Vice Chairman Kiefer asked Mr. Elias to explain how he felt his property was unique, and why the Variance should be allowed. Mr. Elias stated that he has no neighbors in the back of the property, and the rear faces t he riverbed; when he purchased the home, he was told that the limit to build was to the fence. Vice Chairman Kiefer asked if the Planner explained the findings that they would have to show in order to have the request be approved, to which Mr. Elias respo nded, yes. Commissioner Rodriguez asked if the neighbors had any issues with the structure , to which Mr. Elias stated that he has bamboo on the side yard befo re the structure can be seen, and h is neighbor had no issues, and also took part in the construct ion and commented to Mr. Elias that he liked it and thought it would be good for the neighborhood. Commissioner Lujan asked Mr. Montalvan if he a wa s part of the construction, and asked Mr. Elias if he built the structure himself. Mr. Montalvan responded that he was not part of the construction, and Mr. Elias stated that he built the structure himself. Steve Ragbir, neighbor, 7203 Bairnsdale, stated that prior to Mr. Elias taking ownershi p, the property was - 2 - Planning Com mission Minutes May 1 , 2013 an eyesore and infested with roaches and rats; Mr. Elias enhanced the neighborhood by fixing up the property. He continued by saying that Mr. Elias is of good character and was also instrumental in getting the nearby park remodeled. Commissioner Rodriguez disclosed that he met with the owner and his uncle, as well as Mr. Elias’ neighbors Dolores and Steve. He continued by saying that he also researched Google Maps for the area to look for any issues. He found that the back of the property is a riverbed, and the neighbor di d not appear to be affected , and saw no problem with the side yard setback . He commented that Code Enforcement and Planning were correct in bringing the issue to the Planning Commission . He believes that looking at the broad spectrum of this situation, and the aerial view, there a re many properties that have similar structures and are facing neighbors’ yards, not a riverbed as in this case. Based on his analysis of the findings, he believes that the application can be granted and reasonably be supported by the findings as follows : 1) The burden is in the lot being smaller than standard and is not deep enough. 2) Because of the size of the lot the applicant is bein g deprived of the same rights that others in the area are able to enjoy. 3) Granting this Variance would not create an extraord inary condition as others in the area do have similar structures . 4) The same as the previous line would apply here as well. 5) The structure not only maintains the scale of the neighborhood, but actually improves it. 6) The use is found to be reasonable, with the exception of the overhang of the patio cover, which must be cut back to fall within the property line. Commissioner Rodriguez stated that based on his analysis, he feels the request for Variance can be granted and reasonably supported by the findings. Co mmissioner Lujan stated that if other people are building these structures, we would have to investigate and see if other structures were constructed legally as well. He is not convinced that all of the requirements were met. Mr. Saeki stated that he can have Code Enforcement investigate the other properties tomorrow if Mr. Elias would like to submit the addresses of the other properties he mentioned. Commissioner Flores stated that the fact that Ms. Flores investigated 33 other properties in the area an d did not find any to have been given a Variance , as well as the fact that others have similar facilities in the area that may have been done illegally, does not sup port the request; he believes that the elements for Variance are not there. Vice Chairman Kiefer was in agreement with Commissioner Flores, although Mr. Elias has improv ed the aesthetics of the house, and believes only one of the findings required could be met; therefore, the application cannot be supported. Chairman Morales stated that impr oving the appearance of the property is not enough to support the application . He sympathized with Mr. Elias for all of the work he had done, and commended him for maintaining the property; however, there is nothing in the Code that says that if the prope rty is located near a riverbed we can extend the setback. Unless the Code is changed, the Commissioner has to go by what the Code says, unless it can be shown by strong supporting rea sons for special circumstances, otherwise, we cannot deviate from the Co de . Commissioner Rodriguez stated that he does not want to be an advocate in that whenever a Variance is not granted we will chase down everyone that is not in compliance t hrough Google Map s; it would be a horrible precedence to set. - 3 - Planning Com mission Minutes May 1 , 2013 Mr. Saeki respond ed to Commissioner Rodriguez by clarifying that when it comes to these issues, we are reactionary, when we receive a complaint, we respond ; this was his reason for asking Mr. Elias if he would like to provide us with the addresses , or if he would like to c ome to our office to discuss investigating . W e will not go on Google Maps to search for those in violation; we neither have the time nor the resources to do so. He then addressed what seemed to be miscommunication as to the applicant’s request being appro ved. On August 28, 2012 , a violation was issued by Code Enforcement, and Mr. Elias came in to meet with our staff in early September. On October 17, 2012 , an application was submitted, and on November 15 , 2012 , staff issued a letter to Mr . Montalvan and sent copies to Mr. and Mrs. Elias, informing the applicant that more information was need ed in order for the application to be reviewed, and was deemed incomplete. H e pointed out that we were very clear in our stan ce that staff could not support this reque st, and quoted from the letter “note that staff cannot proceed further with this application until the above items have bee n addressed. P lease be aware that staff cannot make positive findings for this variance request and as such will be recommen ding den ial of this application to the Planning Commission ” . Chairman Morales stated that everyone has a right to apply, and the applicant was willing to take their chance s even though they knew what staff’s recommendation would be. He continued by responding to Mr. Saeki’s comments also stating that we are not in the position to target properties, we would be merely looking into the properties as they were brought up here at this public hearing. Commissioner Rodriguez stated that we have to be a voice of reason for cases like this and be reasonable, and asked that staff look into possibly ame nding the Code to allow properties such as these near the riverbed to allow for a Variance . It was moved by Vice Chairman Kiefer , seconded by Commissioner Lujan , and passed by a 4 - 1 vote , with Commissioner Rodriguez voting no, to adopt Resolution 13 - 282 3 , ther e by denying the request for a Variance ( PLN - 12 - 00261 ) . 2 . PLN - 13 - 00065 : Special Event Director of Community Development Brian Saeki presented the staff report on beha lf of City Planner Willi am Davis: A request by Downey High School Baseball Boosters to conduct a three - day carnival on May 10, 11, and 12, 2013, which includes carnival rides, carnival music, game booths, and food sales, on the parking lot of Downey High S chool. Mr. Saeki stated that this is an annual fund raising event; there have been no problems in previous years, and there will be adequate parking and security. Applicant Heidi Llanes, 7635 Coolgrove Dr. , Downey, stated that the carnival will be the sa me as the last years’ Warren and Downey High School Carnival s . The carnival is to raise funds for the athletic programs. The re will be plenty of parking will be provided in the f ootball and b aseball parking lots ; last year they had more spa ce than what w as needed. The will also be six (6 ) security guards in place throughout the event. Chairman Morales asked if Ms. Llanes was aware that the City’s Kids’ Day would be held that same weekend, to which she replied that it should not affect the carnival as the y tend to be busier in the evening. Vice Chairman Kiefer asked how many do they expect to have in attendance? Ms. Llanes responded by saying they expect approximately 2,000 to 3,000 per day with the busiest days being Friday and Saturday. There are no parking issues as most kids are dropped off; last year they only used one of the two lots available. Commissioner Rodriguez asked if there is a drop off site , and if there could be a security guard in place to avoid kids hanging out , as well as watchin g for gang attire, to which Ms. Lla nes agreed to have a - 4 - Planning Com mission Minutes May 1 , 2013 security guard at the drop off and further stated that the s ecurity c ompany is owned by retired police officers and will escort any possible gang members off of the premises; there will also be booste r club members to assist with security. Chairman Morales asked Ms. Llanes if she agreed to the conditions of approval, to which she responded, yes. Commissioner Flores said that he has no issue and was in support of the event. Vice Chairman Kiefer said that there have been no complaints in the past. The security is in place and believes the property will be cleaned up . Commissioner Lujan stated that it’s good to do anything that helps the kids, and there is a need for funding the athletic programs. C ommissioner Rodriguez said he thinks it’s great. It was moved by Commissioner Lujan seconded by Vice Chairman Kiefer , and passed by a 5 - 0 vote, to adopt Resolution 13 - 2824 , thereby approving the special event permit (PLN - 13 - 00065 ). 3. PLN - 13 - 00055 : Condi tional Use Permit Chairman Morales open ed the public hearing for PLN - 13 - 00055 . Senior Planner David Blumenthal gave a PowerPoint presentation of his staff report: a request for a modification of a conditional use permit (PLN - 13 - 00303) for a restaurant (J oseph’s Bar and Grill) at 11032 Downey Ave, which is permitted to operate with an ABC Type 47 (on - sale general, eating place) license and live entertainment, to modify the conditions of approval to allow the applicant to extend the permitted hours of opera tion until 2:00 a.m., seven days a week; and to allow the applicant to char ge a cover fee d uring pay - per - view sporting events . Based on the analysis, staff concluded that modifying the conditions of approval will not create significant, adverse impacts to the area , and believes that all four findings required can be m ade in a positive manner; there for e, staff is recommending approval of the application, Commissioner Rodriguez commented that during pay - per - view events, people would still be able to stand outside and watch the event from the street through the glass windows, to which Mr. Blumenthal stated that staff has recommended a condition that the TV’s in the outside patio area must be off during the pay - per - view events in order to avoid public build up outside of the restaurant. Commissioner Lujan asked if they would be serving alcohol until 2:00 a.m., to which Mr. Blumenthal responded that the conditions of approval would remain the same; however, the customer will not be able to consume alcohol aft er 2:00 a.m. and must be outside by that time. Commissioner Rodriguez asked if the Commission has the authority to change the hours that they are able to serve alcohol. Mr. Blumenthal responded by saying that the Commission could add a condition to stop serving alcohol by 1:30 a.m. Applicant/Owner Simon Simonian, 9135 Brock Ave, Downey, stated that he agrees to the conditions of approval, and further stated that his application is simply requesting the same allowances that are given to other businesses i n the area to charge a fee for the pay - per - view events and extend the hours to 2:00 a.m. He continued by saying that he also has a restaurant in Beverly Hills, and there is no state law that specifies what time you have to stop serv ing alcohol; the general rule is to stop serving by 1:30 a.m. and collect the drinks by 1:45 a.m. Commissioner Rodriguez stated that he is concerned with the glass windows allowing people to watch the events from outside the establishment, and restated his concern with the hour’ s alcohol is served. - 5 - Planning Com mission Minutes May 1 , 2013 Mr. Simonian advised the Comm ission that the windows will have some tinting making it diffi cult to watch outside, and the main TV face does not face the outside window. In addition, the patio cover is at an angle which would further hinder anyone trying to watch from outside. He then commented that he has owned nightclubs in the past and has never had a problem with patrons in collecting thei r drinks at 1:45 a.m. Commissioner Flores asked for confirmation that the applicant will b e c harging for pay - per - view events only; on the previous application the request was to charge for other types of events as well. Mr. Simonian c onfirmed that they will only be charging for the p ay - p er - v iew events; when he applied previously, he waited for the staff report to show what other businesses were allowed to do, and he saw the charge for pay per view events only. If he should have an event with l ive entertainment, there will be no cover charge . V ice Chairman Kiefer asked if he still intends for the business to be more of a restaurant and if he had an idea as to the capacity, to which Mr. Sim onian responded it is ultimately a restaurant with more of a gourme t menu, and he does not have the number for the capacity as of yet. A lex Randeros [sic] Ly nwood, CA, stated that Mr. Si monian has a very nice restaurant in Beverly Hills, and once owned a night club as well, and pointed out that other cities allow a cover charge for these events. Chairman Morales reminded the applicant that the previous condit ions of approval still apply. Commissioner Flores disclosed that he ran into Paul Granata, the owner of the building, and discussed the new restaurant with him. He continued by saying that the last call should not be changed, giving examples of other res taurant’s in Downey who are allowed to serve liquor until 2:00 a.m.; hi s only concern was whether or not other businesses allowed to charge for special events. Commissione r Rodriguez stated that he would like the drinking to cease at an earlier hour, esp ecially during the week , suggesting midnight on weeknights and 1:00 a.m. on weekends. Commissioner Lujan stated that if there are any issues with the Police Departme nt, the application can always be brought back before the Pl anning Commission to modify t he conditions . Vice Chairman Kiefer stated that the time for last call will be self imposed, and the cover charge for the pay - per - view events may help in keeping out undesirables. Chairman Morales stated that the establishment seems to be more of a resta urant in that it will be open for lunch and dinner, and we must be consistent by allowing them to be open the same hours as other restaurants in Downey. He continued by saying that this will also give patrons more options. Commissioner Rodriguez asked wh at would happen if the alcohol sales were more tha n food sales, to which Mr. Blumenthal responded by saying that the restaurant is under State regulations with the ABC T ype 41 and 47 licenses, and will be monitored and regulated, as well as randomly audite d. It was moved by Chairman Morales , seconded by Vice Chairman Kiefer and passed by a 5 - 0 vote, to adopt Resolution 13 - 2825 , thereby approving the modifications to the conditional use permit (PLN - 13 - 00055 ). 4. PLN - 12 - 00282 : General Plan Amendment Chairma n Morales open ed the public hearing for PLN - 12 - 00282 . Senior Planner David Blumenthal gave a PowerPoint presentation of his staff report: a request for recommendation to City Council to adopt a - 6 - Planning Com mission Minutes May 1 , 2013 Negative Declaration and approve an update to the Housing Ele ment of the General Plan. Mr. Blumenthal gave a brief overview of the General Plan, and the intent of the Housing Element to facilitate different types of affordable housing as required by the State, as well as meeting the City’s carry over from the 2008 - 2014 period. The City is now required to update the Housing Element for the 2014 - 2021 planning period, and must be reviewed by the State before being certified in order to receive State funding. Alexa Washburn, Principa l of E SA (City’s consultant) conti nued the PowerPoint presentation giving further explanation of the Housing Element, and RHNA (Regional Housing Needs Allocations) and complementing staff in being one of the first five of 191 cities to receive a precertification letter from the State. M s. Washburn continued by saying that the City is not required to build the housing developments , but to facilitate them by adjusting the General Plan to allow for them to be built. She also reviewed the goals and programs of the 014 - 2021 Housing Element with the Commission. The Commissioners thanked Mr. Blumenthal and Ms. Washburn and commented that the report was clear, concise, and very well presented. It was moved by Vice Chairman Kiefer , seconded by Commissioner Lujan , and passed by a 5 - 0 vote, to ado pt Resolution 13 - 2826 , thereby recommending the City Council adopt the Negative Declaration and approve the 2014 - 2021 Housing Element (PLN - 12 - 00282 ). 3. PLN - 13 - 00013 : Zone Tex t Amendment Chairman Morales open ed the public hearing for PLN - 13 - 00013. Prin cipal Planner Mark Sellheim presented a request for a Zone Text Amendment to permit restaurants in the C - P Zone to have live entertainment, subject to a conditional use permit. He continued by saying that currently, restaurants are permitted in the C - P zo ne, but are not allowed to have live entertainment. The amendment would provide restaurant owners the same opportunities as their counterparts in the City’s other commercial z ones. Chairman Morales stated this amendment is long overdue and will bring con sistency by allowing restaurant owners the same opportunities. Commissioner Flores stated that it would be good to have more restaurants closer to offices, thereby giving professionals more choices during their limited lunch hours . He likes they will have the ability to apply for the CUP allowing the City more control as to where they would be located in order to protect the residential areas. Vice Chairman Kiefer stated that initially he was not in favor of the application; he believes it is a great resp onsibility of the Planning Commission to make good decisions and have empathy for nearby residents, and is in agreement with Commissioner Flores. Commissioner Rodriguez stated there should also be empathy for businesses in the area, and is concern ed that surrounding businesses that be operating in the evenings and may be affected by the noise from live entertainment. Chairman Morales stated that the Commission will have the opportunity to control and put restrictions as to hours of operation , as well as l ocation. Commissioner Lujan stated that everything had already been discussed and that we will look out for residents and other businesses in the area. It was moved by Vice Chairman Kiefer , seconded by Commissioner Lujan , and passed by a 5 - 0 vote, to ado pt Resolution 13 - 2827 , thereby recommending approval of (PLN - 13 - 00013 ). - 7 - Planning Com mission Minutes May 1 , 2013 NON - AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 3. Appr o val of the Minutes from April 17 , 2013 Vice Chairman Kiefer It was moved by , se conded by Commissioner Rodriguez , a nd passed by a 4 - 1 vote , with Commissioner Lujan abstaining, to approve the Minutes of April 17 , 2013 . OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Mr. Saeki stated that there will be upcoming requests to revise conditions of approval for some restaur ants and establishments on Florence that are being brought back to the Commission due to recent problems that have occurred. Mr. Saeki, together with the Downey Police Chief, met with the owners of the establishments to discuss adding more security and dr ess codes to reduce the number of incidents. Commissioner Rodriguez ask ed for a proposal to revise the Code to change the setbacks for residents along the riverbed. ADJOURNMENT: There being no furt her business to discuss, Chairman Morales adjourned the meeting at 8:5 5 p .m., to Wednesday, May 1 5 , 2013, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave., APPROVED AND ADOPTED this 1 5th day of May , 201 3 . Louis Morales, 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 15th day of May , 2013 , by the following vote: AYE S: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning C ommission - 8 -