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HomeMy WebLinkAboutPC Minutes - 10/16/13 MINUTES irc`�°v u°,,;Y4,f REGULAR MEETING �' I DOWNEY CITY PLANNING COMMISSION L 3 - ' . 1 WEDNESDAY, OCTOBER 16, 2013 d CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE ,' DOWNEY, CALIFORNIA (-'41. 6:30 P.M. Chairman Morales called a Regular meeting of the Planning Commission to order on October 16, 2013, at 6:35 pm, at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was called. COMMISSIONERS PRESENT: Hector Lujan, District 1 Matias Flores, District 4 Jim Rodriguez, District 5 Robert Kiefer, District 2, Vice Chairman Louis Morales, District 3, Chairman COMMISSIONERS ABSENT: None OTHERS PRESENT: Brian Saeki, Director of Community Development Yvette Abich-Garcia, City Attorney William Davis, City Planner Mark Sellheim, Principal Planner 3 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: None PUBLIC HEARINGS: 1. PLN-13-00064 (Conditional Use, Permit and Zone Change and Negative Declaration): Chairman Morales opened the public hearing for PLN-13-00064, and Ms. Cavanagh affirmed proof of publication. Principal Planner Mark Sellheim gave a brief PowerPoint presentation of the request for a Conditional Use Permit, Zone Change and Negative Declaration. Mr. Sellheim explained the purpose of the request is to allow an existing restaurant; In-N-Out Burger located at 8767 Firestone Blvd, to expand the parking area and increase the length of the drive-thru lane by using the adjoining property to the north, 11101 Lakewood Blvd. In-N-Out's reason for the expansion is to improve the on-site and off-site circulation for their customers. The expansion will increase the parking supply of the restaurant from 42 to 61 spaces, and increase the capacity of the drive-thru lane by approximately five spaces to allow 14 vehicles, thereby reducing the overspill of customers onto Lakewood Blvd. In addition, the applicant is proposing to increase landscaping between the westerly property line and the drive-thru lane, and around the property. A Lrestaurant with a drive-thru lane is not permitted in the CP zone; therefore, the applicant requests approval of a zone change for 11101 Lakewood Blvd from (C-P) Professional Office to (SP-91-2) Lakewood/Firestone Specific Plan, which permits drive-thru restaurants as a conditional use. Therefore, In-N-Out requires the conditional use permit to reconfigure its parking lot layout on the adjoining lot located at 11101 Lakewood Boulevard. A summary vacation is requested to abandon the public alley that overlays both properties, and to vacate a small portion of surplus Lakewood Boulevard right-of-way (about 2,000 sq. Planning Commission Minutes October 16, 2013 ft.) that parallels the frontage of 11101 Lakewood Boulevard. Mr. Sellheim added that the City Engineering Department has requested a revision to one of the conditions of approval; Condition # 17 would be revised to read: The owner shall install all new utilities underground. All existing poles and overhead utility lines along the west property line of 11101 Lakewood Boulevard and 8767 Firestone Boulevard shall be protected in place. Mr. Sellheim concluded his report by recommending approval of the request for a Conditional Use Permit and Zone Change (PLN-13-00064), subject to the recommended conditions of approval. Architect Walter Kryke [sic], 13502 Hamburger Lane, Baldwin Park, stated that In-N-Out intends to increase the drive-thru lane of the restaurant by adding five cars to the stacking area. They will add more spaces to the parking lot, construct a seven foot block along the north property line, and install additional landscaping as a buffer for the neighboring properties. Commissioner Rodriguez requested more signage directing the customers in the drive-thru, additional lighting against the surrounding walls of the property. He asked if there have been complaints from the neighbors. Mr. Kryke agreed to add more directional signage within the parking lot, and stated that the property will have adequate lighting. Furthermore, the City Code does not allow for lighting to bleed onto neighboring properties. Mr. Kryke further stated that In-N-Out held a neighborhood meeting to address any issues that the neighbors might have. Applicant Katie Sanchez stated that In-N-Out held the neighborhood meeting approximately five months ago. Approximately 15 people attended it. The only concern expressed was the trash left on their street (Marbel) by customers of the restaurant. Ms. Sanchez gave her phone number to the residents and advised them to contact her directly if they have any other issues. She then contacted the restaurant manager and immediately implemented a daily clean up of the surrounding area by the restaurant staff. To this date, she has not received calls from the neighbors. Chairman Morales asked Ms. Sanchez what prompted the meeting, to which she responded by saying that it was done on their own as an reach out to address any concerns that they might have. Chairman Morales closed the public hearing. The Commissioners commented that this is a great improvement to the parking problems at that location and were very pleased to see the applicants outreach to the community and take action to address their concerns, as well as increasing the landscaping to act as a buffer to the neighbors. It was moved by Commissioner Rodriguez and seconded by Commissioner Lujan, and passed by a 5-0 to adopt Resolution 13-2851, to approve the request for a Zone Change and Resolution 13-2852 approving the request for a Conditional Use Permit (PLN-13-00064) subject to the revised conditions of approval as stated. 2. PLN-13-0000181: (Conditional Use Permit): Chairman Morales opened the public hearing for PLN- 13-00181, and Ms. Cavanagh affirmed proof of publication. City Planner William Davis gave a brief PowerPoint presentation of the request for a Conditional Use Permit to establish a "Zumba"fitness dance studio (Yoli's Zumba) at 11416 Old River School Road. The property is in the C-2 (General Commercial) zone, and is bordered by residential properties on the east. The subject site is located in the center unit of one of three commercial buildings on the lot. The applicants will utilize the space "as is" making no changes to the unit, which currently has a small bathroom and storage area. "Zumba" studios require the use of loud music. The applicants will hold three one hour sessions Monday thru Friday 8:00 am, 6:30 pm and 7:30 pm, with one class only on Saturdays at 8:30 am. - 2 - It °: Planning Commission Minutes I,:,w, October 16, 2013 In addition, to further promote good health, the applicants will have Herbalife samples on display for their Lguests. Mr. Davis stated his concern that the noise with the proposed use will become an issue, which staff has addressed in the conditions. In addition, Mr. Davis made note of the improvements the owner has made to the parking lot by resurfacing it. The Commissioners made inquiries as to the neighboring buildings, residents, and street parking, and noise, to which Mr. Davis responded by saying that the proposed use takes place during the hours that most other tenants will not be impacted. There is street parking on Burns, and no parking on Old River School Rd. Staff has addressed the noise issue by placing a condition that would require soundproofing of the subject site. Applicant Alicia Barajas 11921 Heritage Cir., Downey, appeared with an unidentified translator to speak on her behalf. Chairman Morales asked the applicant if they read and understood the conditions of approval to which the translator responded by saying yes. The Commissioners asked who teaches the classes, how many people attend each session, and would they have objections to keeping the back door closed at all times, and whether or not the air conditioning is operating well enough for air circulation. Mr. [?] responded by saying that his wife and her friend teach the classes, with 20-25 persons per class on busy days and as few as five people per class on slow days. The air conditioner is in working order. Owner Duayne Alstrom [sic], Tucson, AZ, stated that the rear of the building is stucco and two x fours (no concrete), the parking lot was recently paved and striped, and each unit has air conditioning. LSpeaking in favor of the application: Arnold Grajeda [sic], Downey resident, stated that the two instructors of the class have been helping him improve his health with this exercise. Speaking in opposition to the application: Steven Humenski 11411 Norlain Ave, Downey, stated that he is a musician. He asked about and is inquired as to the quality of the sound barriers that would be used. He continued by saying that there has been so much Zumba music coming from this space that it can be heard throughout his house and garage. Shirley Potter 11411 Norlain Ave, Downey, stated that she lived directly behind the shopping center and complained that the music from the dance studio has affected her peace in her home/property. She stated that she is a retiree and is displeased to being awakened by the loud music. Rosa L. Castillo, 11417 Norlain Ave, Downey, stated that she has been affected by the loud music. She is also concerned that the young children are left to play unattended behind the building while their parents attend the classes. The Commissioners asked if the applicants would be opposed to having the condition of having the back door closed at all times, and if the applicants have been operating the dance studio already. Applicant Yolanda Cazares, together with unidentified translator, responded by saying that she has not been teaching the classes and will do whatever it takes to address their neighbors' concerns. The Commissioners asked Mr. Alstrom if he was aware of anyone operating a dance studio at this location, to which he responded that he was not aware of anyone using the location for dance classes. The Commissioners asked Mr. Alstrom if he would be opposed to putting up "no parking signs" at the rear of the property, to which he responded by saying that he is not aware of anyone using the property for dance classes, and does not believe there is a problem with parking to the rear of the building, but he is - 3 - Planning Commission Minutes October 16, 2013 willing to place additional no parking signs. Ms. Castillo stated that there have been classes operating at this location for the last seven to eight months and she did not understand how the owner could not be aware of it. She continued by saying that it was such a problem that she went into the building and spoke to a woman who claimed to be the operator of the studio; however, Ms. Castillo was not able to identify her at the hearing. In addition, she stated there are people talking and making noise behind the building, which is directly behind her property, until 8:30 pm. Mr. Davis stated that during the meeting, staff found an advertisement on the internet site "Yelp" for the Zumba classes at Yoli's Zumba 11426 Old River School Rd. Chairman Morales called the applicant Yolanda Cazares forward and again asked if she is currently having classes at the site, to which she responded no. Chairman Morales closed the public hearing. With the new evidence brought before the Commission, it was decided to continue the public hearing on this item to November 20, 2013, to allow staff time to further investigate the issues and new evidence brought up at this hearing. It was moved by Commissioner Rodriguez and seconded by Commissioner Flores, and passed by a 5-0 to continue PLN-13-00181 (Conditional Use Permit) to the November 20, 2013, Regular meeting of the Planning Commission. Vice Chairman Kiefer and Commissioner Lujan recused themselves from Item No. 3; PLN-13-00185, due to their affiliations with St. Raymond's Catholic Church. 3. PLN-13-00185 (Special Event): Chairman Morales opened the public hearing for PLN-13-00185, and Ms. Cavanagh affirmed proof of publication. City Planner William Davis gave a brief PowerPoint presentation regarding a request by St. Raymond's Catholic Church to operate their annual carnival for three consecutive days (October 25, 26, and 27, 2013) in the school parking lot on property located at 12348 Paramount Blvd, zoned R-1 (Single-Family Residential). The event will include rides, jumpers, a beer garden, food sales, live entertainment, games and a haunted house. The hours of operation will be as follows: • Friday, October 25, 2013, between the hours of 4:00 p.m. and 11:00 p.m. • Saturday, October 26, 2013, between the hours of 10:00 a.m. and 11:00 p.m. • Sunday, October 27, 2013, between the hours of 1:00 p.m. and 10:00 p.m. Mr. Davis explained that the sound and lighting equipment will be directed away from the local residences, and the generator will be placed away from the property lines. The applicant has submitted written authorization from surrounding churches and owner of the former Beach's Market located on Imperial Hwy, to allow St. Raymond's the use of their parking lots for the event. Set up for the event will occur on Wednesday and Thursday (October 23 and 24), with the tear down taking place on Monday (October 28, 2013) both ceasing by 10:00 pm. Mr. Davis concluded his report by recommending approval of the request for a Special Event Permit (PLN-13-00185) subject to the conditions of approval. Gerardo Aguero, 7933 Quill Dr, representing St. Raymond's Church, stated that this is the third year of the revised annual carnival. He explained that in the past, the event was operated without carnival rides and provided parking on the church/school parking lot; however, the addition of the carnival rides do not allow -4 - 1 ,D Planning Commission Minutes October 16, 2013 space for onsite parking. They have not, nor will they provide parking shuttles for the event as it is too costly. Commissioner Rodriguez asked if there were complaints from the neighbors, to which Mr. Davis stated that previous years there was only one complaint; however there have been no complaints this year. Mr. Aguero stated that they are very considerate of the neighbors and he himself cleans up the area and has given the neighbors his personal number in case they have any issues. In addition, to the parking at the surrounding churches and commercial property, they are blocking off an area on Conrad Street near the church and banquet hall for handicap drop off. There will also be security presence of 8-10 guards. Chairman Morales closed the public hearing. The Commissioners commented that there have been no issues with this carnival in the past and it is good to have these community-building events. It was moved by Commissioner Lujan and seconded by Commissioner Flores, and passed by a 3-0-2 vote, with Vice-Chairman Kiefer, and Commissioner Lujan abstaining, to adopt Resolution 13-2853, approving the request for a Special Event Permit (PLN-13-00185) subject to conditions of approval. Vice Chairman Kiefer and Commissioner Lujan re-entered the Council Chambers. 4. PLN-13-0000198 (Special Event): Chairman Morales opened the public hearing for PLN-13-00198, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request by Calvary Chapel to allow a one-day "Alternative Night" event on October 31, 2013 from 5:00 pm to 9:00 pm on the church property located at 12808 Woodruff Ave, zoned C-2 (General Commercial). The event will include various activities such as a bungee run, jumpers, game booths, and food sales. The applicant is estimates that there will be approximately 300-400 guests in attendance and Calvary Chapel will provide at least two security guards for the event. The north parking lot will be closed for set-up beginning at 12:00 pm on the day of the event, with the clean-up conditioned to be completed by 6:00 pm on Friday, November 1, 2013. Mr. Nguyen is recommending conditions that require the speakers to be directed away from the adjoining residences and allow the Downey Police Watch Commander to order the music be turned down or stopped if the Police Department receives excessive noise complaints, and that the trash be picked up during the event on the church property, including the immediate vicinity of the church, and provide restroom facilities for their patrons. Mr. Nguyen believes that the church has adequate parking for the event 300 of the 890 parking spaces will be blocked off. In closing, he stated that this is the third annual "Alternative Night" event and there have no problems in the previous years, is recommending approval of the request subject to conditions of approval. Applicant Jason Norton, 12808 Woodruff Ave, stated that he read and agreed to the conditions. He continued by saying that this is the same request as the last several years; there will be live music facing Imperial Hwy, away from the residents. There will be a minimum of two of their own security guards, as well as off duty Downey Police officers attending as security. Commissioner Flores asked how many visitors they anticipate having, to which Mr. Norton responded they expect several hundred, but they do not take a count. Chairman Morales closed the public hearing. It was moved by Commissioner Lujan and seconded by Commissioner Flores, and passed by a 5-0 vote, to adopt Resolution 13-2854, approving the request for a Special Event Permit (PLN-13-00198) subject to conditions of approval. - 5 - Planning Commission Minutes 1 October 16, 2013 5. PLN-13-0000209: (Planned Sign Program and Revocation of Variance): Chairman Morales opened the public hearing for PLN-13-00209, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a brief PowerPoint presentation of the request to modify the existing Planned Sign Program for a 31,000 sq. ft., two-story building located at 9001 Firestone Blvd zoned SP 91-2, to accommodate new wall signs for a Farmers & Merchants Bank, as well as allow a third tenant to place signs on the existing monument signs. The first floor of the subject site contains a Starbucks and the remainder was previously a bank, where the applicant will soon be opening a new branch; the second floor is currently unoccupied. The surrounding properties contain a variety of commercial uses; the property to the east of the subject site is improved with the Stonewood Center shopping mall. In addition, the applicant is requesting to revoke a Variance that was approved in July 2000, which approved deviations to the Sign Code. At that time the Code was very restrictive and allowed a monument sign for a multi-tenant building to contain only the name of the complex. Since that time, The Code has been updated and currently allows for more signage, which makes the Variance unnecessary and staff finds that the Variance would in fact hinder the improvement of the site. The proposed sign program will allow for three tenants on the monument sign; the second floor tenants' only signage would be on the monument sign, not on the building. Mr. Blumenthal stated that the updated sign program will allow the Starbucks to maintain their current signs, and the Farmers and Merchants Bank will have a total of four exterior walls signs will be located on the north, south, east and west of the building; the second floor tenants will not be allowed wall signs. Based on the analysis contained within this report, staff is recommending approval of the request, subject to conditions of approval. Applicant Cynthia Lima, Superior Electrical Signs, stated that the signs facing the east and west are raised to allow for visibility and are internally illuminated. She stated that she understands and agrees to the conditions of approval. Chairman Morales closed the public hearing. The Commissioners stated that they are happy to see signs for businesses with a planned sign program that will allow for uniformity and consistency. It was moved by Commissioner Lujan and seconded by Vice Chairman Kiefer, and passed by a 5-0 vote, to adopt Resolution 13-2855, approving the request for a Planned Sign Program and Revocation of Variance (PLN-13-00209) subject to conditions of approval. NON-AGENDA PUBLIC COMMENTS: None CONSENT CALENDAR ITEMS: 6. Approval of the Minutes from October 2, 2013. 7. PLN-13-00213 (General Plan Consistency): Adopt a Resolution (13-2856) to find that the purchase of property and temporary construction easements for the Firestone Blvd. Bridge Replacement Project is consistent with the General Plan. It was moved by Chairman Morales, and seconded by Vice Chairman Kiefer, and passed by a 5-0 vote, to approve the Consent Calendar. OTHER BUSINESS: None STAFF MEMBER COMMENTS: None - 6 - r. 943 Planning Commission Minutes (..0' 4 October 16, 2013 ADJOURNMENT: There being no further business to discuss, Chairman Morales adjourned the meeting at 8:45 pm, to Wednesday, November 6, 2013, at 6:30 pm at Downey City Hall, 11111 L Brookshire Ave. APPROVED AND ADOPTED this 6th day of November, 2013. / A, i ri/7/1/ Louis Mora •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 November, 2013, by the following vote: AYES: COMMISSIONERS: Flores, Rodriguez, Kiefer and Morales ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: / Mary Cavana•h, Secretary City Planning Commission to - 7 -