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HomeMy WebLinkAbout3. PC Draft Minutes - 06-19-13 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, June 19, 2013 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was called to order on June 19, 2013, at 6:33 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 COMMISSIONERS ABSENT: None OTHERS 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, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: Director of Community Development Brian Saeki advised the Commissioners of the City Council’s approval of the Housing Element, and gave thanks to City Planner William Davis and his staff, particularly Senior Planner David Blumenthal for all his hard work in getting the project approved, as well as the project consultant Alexa Washburn of ESA, for her presentation. In addition, the City Council took no action on the Cottage Food Business ordinance, which in essence denied it. New evidence was presented at the City Council meeting that shows the new State law regarding Cottage Food Businesses does not apply to Charter Cities, which was discovered after it had been presented to the Planning Commission. PUBLIC HEARINGS: 1. PLN-13-00105: (Conditional Use Permit-Modification) Chairman Morales opened the public hearing for PLN-13-00085. Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a PowerPoint presentation of his staff report: A request by Calvary Chapel to conduct a one-day Fourth of July Celebration on July 4, 2013 at Downey High School. The event includes jumpers, live entertainment, game booths, food sales and an aerial fireworks show during the hours of 5:00 pm to 9:30 pm. For the safety of the public, Calvary Chapel and Downey High School will provide a large number of security staff throughout the event. Staff has placed a condition of approval for clean up to take place during the hours of 9:30 pm to Midnight on July 4, and no earlier than 8:00 am on July 5. The event is consistent with the same event that took place last year; in addition, the applicant is providing 800 parking spaces on site. Therefore, staff recommends approval of the event Planning Commission Minutes June 19, 2013 subject to conditions of approval. Commissioner Flores asked if Calvary Chapel had ever hosted this event in the past, to which Mr. Nguyen responded that they had only done so once before, which was last years’ event. Director of Community Development Brian Saeki added that last years’ event was City sponsored; therefore, Calvary Chapel was not required to obtain a special event permit. However, the City is not sponsoring the event this year; which is the reason for the special event permit. Mr. Saeki continued by saying that he is on the subcommittee for both this year and last years’ event, and there were no problems last year. There were bouncers, games, food booths, and a fireworks show last year. This years’ event will be a similar, yet refined version of last years’ events. There have been adjustments made to run more efficiently. It will have custodians and volunteers throughout the event for clean up, including two-four off duty Downey Police Officers (with overtime pay provided by Calvary Chapel), as well security guards provided by Rick Rodriguez (RMI Security). Chairman Morales asked if the school is okay with people walking across the new turf on the football field and Commissioner Lujan asked if the baseball fields would be closed off, to which Mr. Nguyen responded yes, and Mr. Saeki added that the subcommittee has also met with Principal Houts and is behind him and supports the event. Applicant, Pastor Jason Norton 12808 Woodruff Ave, Downey, agreed to the conditions of approval. The Commissioners inquired as to how the patrons parked at the southwest corner of the school will be directed to the event, and if the custodians would be working during the day, as well as after hours for clean up. Mr. Norton stated that there is a thoroughfare to walk from the southeast parking lot to the event. He also said as janitorial and security staff would be utilized throughout the event, including hundreds of volunteers provided by Calvary Chapel to clean up during and after the event. They will also set up and tear down the booths. Downey High School will have booths that will benefit any of the school clubs, and Calvary Chapel’s booths will benefit the church’s short-term Missionaries. There being no further questions regarding staff’s recommendation, Chairman Morales closed the public hearing. The Commissioners stated that they believe that this is a great event for the City and they are pleased with the security; however, the long walk from the parking to the event needs to be controlled. Otherwise, they see no other issues. It was moved by Vice-Chairman Kiefer, seconded by Chairman Morales, and passed by a 5-0 vote; to adopt Resolution 13-2833, thereby approving the request for a Special Event (PLN-13-00105). 2. PLN-12-00164: (Conditional Use Permit, Variance, and Development Agreement) Chairman Morales opened the public hearing for PLN-12-00164. Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a PowerPoint presentation of his staff report: A request to construct and operate a 55’ tall electronic billboard with two displays that are 672 square feet at 7878 Telegraph Rd, zoned M-1 (Light Manufacturing). The display surface will support an image generated by light emitting diodes (LED) that will change approximately every eight seconds, and oriented in a manner that they are readable to drivers traveling in both directions on the Interstate 5 Freeway. The Conditional Use Permit is to allow the operation of the sign; the Variance is a request to deviate from the standards in Municipal Code Section 9622 in order to exceed the maximum from the standards in allowable height and display area of a billboard; the Development Agreement allows City and the Property Owner to mutually agree on the operation of the sign, and the Mitigated Negative Declaration provides mitigation - 2 - Planning Commission Minutes June 19, 2013 measures to reduce potential environmental impacts to a level that is considered to be less than significant. The property is located on the south side of Telegraph Rd, on a nine acre lot with a maintenance facility for the Los Angeles County Metropolitan Transportation Authority (METRO), which includes two single- story buildings, and the remainder of the site is asphaltic concrete used for storage of vehicles, equipment, and parking for employees and visitors. The parcel is bordered by the Rio Hondo Chanel, Telegraph Rd., the I-5 freeway and Rives Ave (residential street). Based on the analysis contained within the staff report and the Initial Study for a Mitigated Negative Declaration, staff feels that all required findings to approve the project can be made in a positive manner and is recommending the Planning Commission approve the request by taking two actions: 1) to adopt the Mitigated Negative Declaration and approve the Conditional Use Permit and Variance, and 2) to make a recommendation to City Council to approve the Development Agreement. The Commissioners inquiries were as follows: 1. Will the sign be in operation 24 hours a day? 2. What is the distance from the residential area to the sign, and are the elevation of the properties the same as the sign? 3. What is the sign in comparison to other signs in the area, and are there other locations in the City where these types of signs can be seen? 4. Clarification of the visual impact to the residential area (line of site), and how was the analysis done; what were the boundaries? 5. What is the reason for the height of the sign? What is the grading in comparison to the 105 freeway? Mr. Blumenthal responded by saying that the billboard will be in operation 24 hours a day. The distance from the residential area to the sign is approximately 475 feet; the code requires a minimum of 300 feet. The applicant conducted a visual analysis from 19 different locations by using a crane and a portion of the sign at the required height to allow maximum visibility from the freeway. The analysis was taken from the location of the sign to the public rights of way and found only four areas where the sign is fully visible. The sign is of average height and size in comparison to similar signs. The grade of the I05 freeway is below the surrounding area, whereas the grade of the 5 freeway is above the area, including 12 foot sound walls, which would require the height of 55 feet in order to allow visibility from the freeway. Commissioner Rodriguez disclosed that he visited the site and some of the residents in the area, specifically 8547, 8541, 8531, 8511, and 8435 Rives Ave to discuss their feelings, as well as options in regards to the sign, and he was allowed access to their backyards. He also spoke to the residents at 8506 and 8512 Rives, but did not enter their yards. He further stated that the impact changes from the public right of ways to the back yard and found it challenging to determine where the sign would be. Vice-Chairman Kiefer asked how and when the notices were sent out to the residence, to which Mr. Blumenthal responded that an ad was placed in the newspaper and notices were mailed to owners of the properties and surrounding cities that were within a 500 foot radius of the subject site. It was also recorded in the county records, and the state Office of Planning and Research. Because this request would require a permit from Caltrans, we were required to give a 30 day notice; therefore, notices were mailed and on May 16, 2013. The MND was circulated for additional review by the State Clearinghouse which goes out to 17 state agencies, including Caltrans; copies were also sent out to Metro and surrounding cities. Francis Park with Park & Valais [sic] 801 S. Figueroa St., Suite 450, Los Angeles, CA 90017 appeared representing Allvision. Mr. Park gave thanks to staff for all of the hard work in bringing this request - 3 - Planning Commission Minutes June 19, 2013 forward. He stated that they are in agreement with the staff report and the conditions of approval. He believes this to be beneficial not only to Allvision, but to the City as it will bring in additional revenue. He explained that Allvision conducted a 360 degree visual analysis of the City to find the best location for the sign that would benefit the City as well as Allvision. The 19 photos submitted to staff were only those where the sign would be most visible. James Manfreddy [sic] with Allvision gave a brief explanation as to how the study was conducted. A mock sign was used that was approximately ¼ of the size of the actual sign, together with a crane to measure the best height and photograph the sign from various locations in the areas surrounding the sign in order to obtain a visual of the impact to the areas. Using a computer image of the photo, the mock sign was scaled to what would be the actual size and digitally adjusted to give an image as to how the actual sign would be seen. The 55’ height of the sign allows for the greatest visibility from the freeway, and minimal impact to the residential area. The sign is also equipped with an eye sensor that would measure the light and allow it to blend with the atmosphere; late night would require less energy, thereby emitting the amount of light that would be equivalent to a City street light. Chairman Morales asked staff if the City would have community time to use the sign, to which Mr. Blumenthal responded that the development agreement calls for the City to have one slot up to 30 days. Commissioner Lujan asked what type of advertising would be displayed, to which Mr. Manfreddy responded by saying that they have very strict codes that they follow, as well as following Metro’s codes. They will not advertise anything political, or deemed inappropriate. Mr. Park added that the content of the advertisements was discussed with and agreed to by City staff. Commissioner Flores asked how the City’s revenue would be increased, to which Mr. Park stated that it is part of the development agreement that the City is to receive $80,000/year or 25% net revenue, which ever is greater. Chairman Morales called for those in the audience wishing to speak in favor or against the application. There being none, the public hearing was closed. Commissioner Rodriguez stated that during his visits with the residents he found that the back yards are raised and will be impacted at a greater level than what was shown in the site analysis, which was from the street and feels it is a big issue for the residents. The residents also mentioned that they did not see the testing of the mock sign using the crane; it was requested that they do the test again and notify the residents in order for them to see just how much they will be impacted. Commissioner Flores stated he too is concerned with the visibility of the sign and asked if it were possible that the applicant raise the stone wall in the yards, or put some type of barrier to block the view of the sign. Chairman Morales reopened the public hearing called the applicant forward. Mr. Park stated that they would be open to considering Cypress trees for the residents that are most affected by the sign in order to block the sign from view; it would be a difficult proposition to post the model sign again and would ask to consider the Cypress trees. It was suggested by the Commissioners together with staff, that an additional condition be put in place that once construction begins and there is a true idea as to how the residents will be affected, the applicant would be required to place some type of barrier that would be acceptable to both the Metro and the residents in blocking the view of the sign, based on the approval of staff in order to avoid adding any type of weight to the barrier wall. - 4 - Planning Commission Minutes June 19, 2013 The public hearing was then closed. Vice-Chairman Kiefer stated that he drove around the area and believes the height, size, and brightness of the sign will have a negative impact on both the freeway and residential area; this will also allow for the possibility of many variances. Chairman Morales then reopened the public hearing. Pat Adrian [sic] 8435 Rives Ave, Downey, asked if the sign had any health issues and if their would be noise emitted from the sign. She also stated that she had pictures of the wall that divides the Metro property from the residential area; there were trees a while back, but they grew too tall and the wind eventually knocked them down. Mr. Park stated that the sign does not emit noise as it uses very little energy and they are not aware of any incidents of health hazards that would be caused by the sign. Greg Smith with Allvision added that the sign will also be used for public service messages, etc. Chairman Morales asked Ms. Adrian if she has any concern regarding the visibility of the sign from her residence, to which she responded by saying that she can see a sign that is located in the City of Commerce and believes she will see this sign as well. Chairman Morales closed the public hearing. Mr. Blumenthal gave a brief draft of the language for the added condition No. 16 that read as follows: Prior to the issuance of the final of the building permits, the applicant shall plant Italian Cypress or similar to block the view of the sign from the rear yards of the properties on the north side of Rives Ave that are adjacent to the Metro property. Trees shall be planted on Metro’s property to the satisfaction of the City Planner. All landscape on Metro’s property shall be permanently maintained by Metro. Commissioner Lujan stated that with the sign angled to face the freeway, there will likely be less people affected than we realize and the residents should be given the option of landscaping, as there may be some who would be opposed to the idea. Vice-Chairman Kiefer believes that there will actually be more residents visibly impacted than discussed and is also concerned with the impact that it will have on the 5 freeway; another concern is that the City will be inundated with these billboards. Commissioner Rodriguez stated that he is pleased with the additional conditions that will be added, he believes it will be good for the City, and likes the idea of the City receiving additional revenue with the ability to advertise on the sign as well. Chairman Morales stated that he is pleased that the lights on the sign will be directed to face the freeway not the resident, and is confident that the additional conditions will address the issues of the residents that may be affected. He does not want to see an influx of these billboard signs in the City, but believes with the very few options for locations, we should not have a problem. Commissioner Flores stated that he was on the edge about this project and put a lot of thought into his decision; he believes the positives outweigh the negatives and hopes the City makes use of the time it has in using the sign for public messages. It was moved by, Commissioner Lujan and seconded by Commissioner Flores, and passed by a 4-1 vote with Vice-Chairman Kiefer voting no, to adopt Resolution 13-2834, thereby approving the request for the - 5 - Planning Commission Minutes June 19, 2013 - 6 - Conditional Use Permit and Variance for (PLN-12-00164) with the added condition No.16. It was moved by, Commissioner Rodriguez and seconded by Commissioner Lujan, and passed by a 4-1 vote with Vice-Chairman Kiefer voting no, to adopt Resolution 13-2835, thereby approving the request for the Development Agreement for (PLN-12-00164). 3. PLN-13-00069: (Site Plan Review, Tentative Tract Map, and Variance) Chairman Morales requested the Commissioners vote on the recommendation by staff to continue PLN-13-00069 to the July 3, 2013 meeting. It was moved by, Commissioner Rodriguez and seconded by Commissioner Flores, and passed by a 5-0 vote, to approve the continuation of the request to the July 3, 2013 meeting. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 4. Approval of the Minutes from June 5, 2013 It was moved by Commissioner Lujan, seconded by Commissioner Flores, and passed by a 5-0 vote, to approve the Minutes of June 5, 2013. OTHER BUSINESS: PLN-13-00146 (2012 General Plan Annual Report): Mr. Nguyen gave a brief summary of the 2012 General Plan Annual Report and recommended approval to forward the report to the City Council to receive and file. STAFF MEMBER COMMENTS: None. ADJOURNMENT: There being no further business to discuss, Chairman Morales adjourned the meeting at 8:15 p.m., to Wednesday, July 3, 2013, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave., APPROVED AND ADOPTED this 3rd day of July, 2013. 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 5th day of June, 2013, by the following vote: AYES: COMMISSIONERS: Flores, Rodriguez, Lujan, Morales and Kiefer ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Mary Cavanagh, Secretary City Planning Commission