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HomeMy WebLinkAbout3. PC Draft Minutes - 03-19-14 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MARCH 19, 2014 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Kiefer called a Regular meeting of the Planning Commission to order on March 19, 2014, at 6:33 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 Rodríguez, District 5 Robert Kiefer, District 2, Vice Chairman Louis Morales, District 3, Chairman COMMISSIONERS ABSENT: None OTHERS PRESENT: Yvette Abich-Garcia, City Attorney Brian Saeki, Director of Community Development David Blumenthal, Senior 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-13-00228: (Conditional Use Permit and Negative Declaration): Chairman Kiefer opened the public hearing for PLN-13-00228, and Ms. Cavanagh affirmed proof of publication. Commissioner Rodriguez disclosed that he owns property within 500 ft. of the subject site, recused himself from this item and exited the council chambers. Senior Planner David Blumenthal gave a brief PowerPoint presentation of the request by AT&T Mobility to replace an existing 81’ tall light pole, which is used to illuminate one of the soccer fields and one of the softball fields at the Discovery Sports Complex, with a new 81’ tall light pole that has six tall panel antennas (three sectors, two antennas per sector) flush mounted to the pole. In addition to the panel antennas, there will be 15 remote radio units and three surge suppressors flush mounted to the pole below the antennas. The new light pole/cellular tower will be installed approximately 10 feet east of the existing light pole. The applicant also proposes to construct a new 480 sq. ft. storage shed for a shared use for the antenna, and the city parks equipment, on property located at 12400 Columbia Way, zoned SP 01-1 (Downey Landing Specific Plan). Mr. Blumenthal stated that per CEQA guidelines, a study was done to determine if there would be any environmental impact, and found that there would be none. Based on the analysis contained within the staff report, staff is recommending approval of the request for a conditional use permit and negative declaration. Planning Commission Minutes March 19, 2014 - 2 - The commissioners inquired as to the difference in the width from the current light pole with antennas, to the new poles with antennas, and the lighting as far as keeping the park lit during the changes. Mr. Blumenthal responded by saying that he did not have the exact measurements of the pole, but the antennas will be flush mounted to the pole. The lighting was a concern of the Parks and Recreation department, which is the reason that the pole will be moved 10 feet away from the existing pole to allow for the park to maintain adequate lighting during the construction of the new pole. Representative for AT&T, Terri Grisenti, Coastal Business Group, 16150 Scientific Way, Irvine, stated that she has read the conditions and is in full support of all of them. Ms. Grisenti stated that she did not have the diameter of the new pole, and does not know the girth of the existing pole in order to give an accurate size. Chairman Kiefer asked Ms. Grisenti what size the antennas would be, to which Ms. Grisenti responded by saying that they are 14 inches across and 10 inches deep, and allows for space for cabling, etc. Chairman Kiefer closed the public hearing. Commissioner Morales stated that he has no concerns with the request, and believes the conditions covered any issues regarding noise and aesthetics. Vice Chairman Lujan had no comments. Commissioner Flores was in agreement with Commissioner Morales and commented that it is a good project and that both parties will benefit from it, with the city getting storage and lights. Chairman Kiefer agreed with his fellow commissioners, and commented that the location is appropriate and needed. It was moved by Vice Chairman Lujan, seconded by Commissioner Morales, and passed by a 4-0-1 vote with Commissioner Rodriguez abstaining, to adopt Resolution No. 14-2869, to approve the request for a Conditional Use Permit and Negative Declaration (PLN-13-00228). Commissioner Rodriguez re-entered the council chambers. 2. PLN-14-00003: (Site Plan Review and Minor Conditional Use Permit): Chairman Kiefer opened the public hearing for PLN-14-00003, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a brief PowerPoint presentation of the request to construct a new 2,600 sq. ft. restaurant (The Habit Burger Grill), with an outdoor dining area, on property located at 8619 Firestone Blvd. The site layout was approved by the Planning Commission on September 18, 2013, for the Site Plan Review (SPR) and Conditional Use Permit (CUP) for Chick-fil-A; the new Site Plan Review application allows for the Planning Commission to review the building architecture, and the Minor Conditional Use Permit to allow the outdoor dining area. Mr. Blumenthal gave the Commissioners a sample board of the finished colors for the restaurant. He added that the architecture is a little different; however, it is line with the approved architecture for Chick-fil-A. Based on the analysis contained within the staff report, staff feels that all required findings to approve the project can be made in a positive manner; as such, staff is recommending approval of this request. Chairman Kiefer asked Mr. Blumenthal what is the height of the block wall that separates the restaurant from the neighboring medical offices, to which he responded that there will be a (6) six foot high block wall; however, the permits have not been issued. Commissioner Morales asked if the Site Plan Review is the same as when it was approved for Chick-fil-A, Planning Commission Minutes March 19, 2014 - 3 - to which Mr. Blumenthal stated that there is a small change to the pad only. Applicant Christopher Wadleigh, Director of Development for T he Habit Burger Grill, 17320 Red Hill Ave, Suite 140, Irvine, CA, appeared to answer any questions that the Planning Commission may have, and stated that they are ready to build and will begin as soon as the issue regarding the storm water is cleared up. Commissioner Rodriguez asked if there is a collection area for the storm water, to which Mr. Wadleigh stated that everything on the outside of the curb is handled by Chick-fil-A; they are ready to begin construction on The Habit Grill as soon as the issue is resolved. Commissioner Morales asked what is the construction schedule, to which Mr. Wadleigh stated construction is 20 weeks and 1-½ weeks of training, and they will then be ready to open. Chairman Kiefer asked Mr. Wadleigh if he read and understood the conditions of approval, to which he responded by saying yes. Bruno Duarto, PO Box 10818, San Bernadino, CA, representing the owners (Pargold, LP) of the adjacent property (medical offices) located at 8635 Firestone Blvd. Mr. Duarto stated that they are in opposition of the request and did not appear at the previous hearing to oppose the Site Plan Review for Chick-fil-A because he did not receive the public notice. As such, Mr. Duarto stated that he was concerned about the following: 1) The wall that will separate their property from the restaurant property will obstruct the drivers’ visibility of pedestrians on both sides of the wall. 2) The offices regularly have protestors blocking the medical office’s driveway and will likely be gathering on both sides of the wall. 3) The wall will not allow enough space for trucks to turn onto their single lane driveway, and are likely to hit and damage their two-story building; as the property has no setbacks and comes out to the sidewalk. 4) The customers of the two restaurants will cause an increase in traffic and will increase traffic accidents by people making quick stops to turn into the restaurants. 5) The median being constructed on Firestone Blvd will not have enough space for trash trucks to make the left turn into the medical offices driveway. Mr. Blumenthal clarified a couple of misunderstandings. Both hearings were noticed in the same way; using a 500 ft. radius map and the same owner list. Staff did their due diligence by mailing public notices, as well as placing an ad in the local newspaper advising the public of both hearings. He continued by saying that the Firestone Blvd improvement project will have a left turn pocket at that location and added that Chick-fil-A is paying their fair share to provide a left turn pocket to turn onto their site. The Planning Commission previously approved a single approach instead of two separate driveways, to make it easier to turn onto the Chick-fil-A site, when traveling westbound on Firestone Blvd. All departments (Planning, Public Works, Traffic and Engineering) reviewed and discussed the project and looked at several site layouts and found this to be the best approach. There was no concern by Public works of potential impacts or creating problems on the public right of way. It is understood that there will be public protestors and they have the right to do so, however, if it becomes a constant problem where they have to call the Police Department for assistance, perhaps the City Attorney can give some information as to what legal rights they might have. Mr. Blumenthal added that Chick-fil-A is a fast food restaurant which would have a faster turnaround time as compared to The Habit Burger Grill, which is a sit down restaurant and patrons will be staying longer, and using the secondary driveway that is next to the medical offices. Furthermore, the first 10 feet of the driveway approach does not have the wall; therefore, there will be no problems with visibility of people in the driveway, visibility will be clear. City Attorney Yvette Abich-Garcia advised Mr. Duarto that there is new case law that may help him in regards to the protestors. Planning Commission Minutes March 19, 2014 - 4 - Director of Community Development Brian Saeki stated that the Site Plan had already been approved, and the application is for the restaurant (The Habit Burger Grill). We cannot do anything to prevent protestors; however, the 10 feet that allows a left hand turn is large enough for large trash trucks to get through in numerous places in the City and should be able to maneuver through this lane. Mr. Duarto continued in saying that he wants to prevent protestors from gathering in front of his building as well as Chick-fil-A’s property. The Planning Commission reviewed the site plans in respect to the location of the median and the left turn pocket, and how it affects Mr. Duarto’s medical offices, as well as discussion regarding hazards created by the protestors. Mr. Duarto reiterated his concerns and what he would like to see done on the neighbors’ private property. Chairman Kiefer closed the public hearing Commissioner Flores said the plan was straightforward and he likes it. As far as Mr. Duarto’s concern, he added that the new property owners may have incentive to keep the protestors out; however, the 1st Amendment is very strong and the city cannot do anything about protestors on private property. Vice Chairman Lujan said that he likes the idea of having a burger place and this might replace his current favorite. Commissioner Morales stated that he had no concerns with the application, and added that it may have been easier for the protestors to gather when this property was vacant and the new business may address that issue. He does not see any issues with the left turn pocket, and believes the proposed uses will compliment Chick-fil-A. Commissioner Rodriguez thanked the public for their testimony. He hopes the fire hydrant at this site will be relocated to allow for sufficient radius, otherwise it may cause more challenges. He stated that The Habit Grill itself is awesome and sees no problem with the request. Chairman Kiefer agreed with Commissioner Morales and said that it’s nice to see both of the restaurants developing at the same time, and added that it looks good. It was moved by Commissioner Morales, seconded by Vice Chairman Lujan, and passed by a 5-0 vote, to adopt Resolution No. 14-2870, to approve the request for a Site Plan Review and Minor Conditional Use Permit (PLN-14-00003). NON-AGENDA PUBLIC COMMENTS: None CONSENT CALENDAR ITEMS: 3. Approval of the Minutes from March 5, 2014 Chairman Kiefer made a correction to the Minutes of the March 5, 2014, Regular Meeting of the Planning Commission. Page 2, item no. 2 should read as follows: 2. PLN-13-00219 PLN-14-00012: (Conditional Use Permit): Chairman Kiefer opened the public hearing for PLN-14-00012, and Ms. Cavanagh affirmed proof of publication. It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 5-0 vote, to approve the Minutes of the March 5, 2014 meeting of the Planning Commission, with noted changes. Planning Commission Minutes March 19, 2014 - 5 - OTHER BUSINESS: None STAFF MEMBER COMMENTS: Director of Community Development Brian Saeki announced that he had accepted a position with the City of San Fernando as their new City Manager, and gave thanks to the commissioners and staff for all their hard work. The Commissioners congratulated Mr. Saeki and wished him well. ADJOURNMENT: There being no further business to discuss, Chairman Morales adjourned the meeting at 7:37 pm, to Wednesday, April 2, 2014, at 6:30 pm at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 16th day of April, 2014. Robert Kiefer, 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 16th day of April, 2014, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission