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HomeMy WebLinkAbout5. PC Draft Minutes - 08-20-14 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, August 20, 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 August 20, 2014, at 6:36 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, the secretary called roll. COMMISSIONERS PRESENT: Louis Morales, District 3 Matias Flores, District 4 Jim Rodríguez, District 5 Hector Lujan, District 1, Vice Chairman Robert Kiefer, District 2, Chairman COMMISSIONERS ABSENT: None OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich-Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner/Building & Safety Supervisor 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 Aldo E. Schindler reported that the City Council approved staff’s recommendation on the amended lease extension of Plaza de la Raza head start services, as well as a transfer of City property located at 9066 Firestone Blvd, to facilitate new retail development. PUBLIC HEARINGS: Chairman Kiefer motioned to call Item Two of the public hearings first, in order to advise the members of the audience of the applicant’s decision to withdraw the application. 2. PLN-14-00051 (Conditional Use Permit) – A request by Club DB Lounge located at 8206 Firestone Blvd., to allow performers (go-go dancers). Chairman Kiefer read a letter of withdrawal from the applicant into the record: Dated: 08/19/2014 To the City of Downey Planning Division and Planning Commission: I Hayk Gevorkyan, owner of Club DB Lounge, would like to withdraw the application to Planning Commission Minutes August 20, 2014 - 2 - incorporate performance dancers (Go-Go dancers) to our business. The main reason for this cancellation is that I noticed that many city officials, including the Downey Police Department, among others, did not like, or support the idea of me bringing the Go-Go dancers to my business, and I have much respect for the City and it’s community. Therefore, it’s only logical for me to cancel this application. Thank you, Hayk Gevorkyan The Planning Commission accepted the withdrawal of PLN-14-00051, a request by Club DB Lounge to allow performers (go-go dancers). City Planner William Davis gave a brief review of the four (4) items originally requested, beginning with the first item: to allow alcohol sales on the outdoor patio was approved at the August 6, 2014 meeting. Item two (2.) was the request to allow the go-go dancers, which was continued to today’s hearing. The Planning Commission directed staff to return with a resolution to deny items three (3.) and four (4.), which were to extend the hours of operation to 4:00 a.m., and to allow valet parking. It was moved by Commissioner Morales and seconded by Commissioner Flores, and passed by a vote of 5-0, to adopt resolution 14-2887, thereby denying the requests to extend the hours of operation and allow valet parking at Club DB Lounge. 1. PLN-13-00236: (Site Plan Review): Chairman Kiefer opened the public hearing for PLN-13-00236, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a PowerPoint presentation of the request for a proposed expansion by Champion Dodge located at 9655 Firestone Blvd, zoned C-2 (General Commercial). The subject site is a 4.4 acre parcel at the corner of Newville and Firestone Blvd, surrounded by a Fiat Dealership, with the river and City boundary to the east, apartments to the west, and across Firestone Blvd are industrial buildings. Mr. Blumenthal reviewed the uses of the five (5) buildings located on the parcel, which were built in 1969, with the expansions of Building 3 in 1970, and Building 4 in 1987. The applicant proposes to demolish the existing showroom and business offices in Building 1, and the service writer’s building (Building 2). The design includes a new 6,645 sq. ft. showroom, a 6,605 sq. ft. first floor office space, and a 2,695 sq. ft. mezzanine that will be open to employees only. In addition, new canopies will be constructed for the service repair area. Mr. Blumenthal concluded his report by stating that staff has reviewed all of the proposed findings required to adopt the site plan review, and staff does believe that all seven (7) findings can be made in a positive manner. Commissioner Rodriguez made inquiries regarding graffiti, with such a large glass frontage. Mr. Blumenthal stated that it is conditioned that all finished materials must be graffiti resistant; with glass they have a film similar to a tinting that can be removed if the graffiti were to be scratched in. Commissioner Rodriguez asked if curbing at the exits and entries will have radius curbs. Mr. Blumenthal stated that he discussed the radius approach with the Deputy Director of Public Works and explained that the front curbing is affected by two City projects: the Firestone Improvement Project and Firestone Blvd Bridge Replacement Project; the two projects call for the City standard approach and there is no justification for the added expense and maintenance to put in radius curbs. Planning Commission Minutes August 20, 2014 - 3 - Vice Chairman Lujan expressed his concern that there could be a large number of cars entering for service and possibly backing onto Firestone Blvd. Mr. Blumenthal explained that there are 12 cars that would fit under the canopy and another 70 ft. that would allow approximately nine (9) more cars. In addition, the lot attendants would be moving the cars to the storage area quickly. Chairman Kiefer asked about landscaping. Mr. Blumenthal advised the Commission that staff wanted to see an upgrade for the project, but the construction may cause damage to the landscaping. Therefore, Condition 17 addresses landscape, stating that all landscaping shall be installed within 30- days of the completion of the bridge project. The applicant will bring in a landscape plan for review, which should include more drought resistant plant life. Commissioner Flores inquired as to the possibility of glare from the new design that may affect driving conditions, to which Mr. Blumenthal responded by saying that it is standard to use non reflective glass. Commissioner Morales made inquiries regarding a sign program and the possibility of directional for parking. Mr. Blumenthal advised the Commissioners that a Planned Sign Program will not be required as this is for a single tenant; therefore, signage will be approved administratively. However, he will make note to include directional signage. Applicant Robert Plant, 686 Diamond St., Laguna Beach, stated that he has been designing auto dealerships since 1984, such as the first Infinity dealership, Ford, Chrysler, Fiat and Toyota, to name a few. He sold cars for approximately three (3) years, giving him a greater understanding of the work flow of dealerships, which ultimately helped him to create better designs. Mr. Plant stated that he read and agreed to the conditions of approval, and added that this Dodge dealership is number two in the nation and it is his goal is to make it number one. He added that parking is important and during special events the parking is reconfigured to accommodate their customers. Jose Garcia, Downey resident, asked if there are minimum requirements for landscaping, and if so, does the project meet it. Mr. Blumenthal responded by saying that it does not meet the current requirement; however, because they are not reducing the landscape, the City’s Code allows them to maintain the nonconformity of being below the minimum landscaping. Commissioner Rodriguez reviewed the current requirements for landscaping in comparison to that of the subject site and asked for clarification. Chairman Kiefer responded by pointing out that auto dealerships typically have very little landscaping. Mr. Blumenthal advised the Commissioners that the building was built in the 60s and is legal nonconforming; they are not legally required to meet today’s landscape requirements. The zoning changed in 2008 and landscape requirements were increased; however, in this case they are not required to meet todays’ standards. Commissioner Rodriguez stated that it is beneficial to require an increase in landscaping and asked why he could not do so now, to which Mr. Blumenthal reiterated that our City Code allows them to maintain their existing landscaping. In addition, it is not beneficial to a car dealership to decrease their space for vehicles in order to allow additional landscaping. Jose Garcia stated that he is concerned with the beautification of the City and does not want it to have more cement and likes a lot of landscape and commented on the trees that were removed from Lakewood Blvd. Planning Commission Minutes August 20, 2014 - 4 - Shahira Malek, 7827 Luxor St, asked the Commission if approval of the colors would be a consideration during the building approval; she does not see harmony with the other buildings and there are alarming colors coming to the city. Director Schindler responded in explaining urban planning and gave examples of cities such as Cerritos, that are very uniform, whereas we layout our community with new architecture and vibrant colors and elements so that the buildings are unique and you see that as you drive through the city. It is extremely subjective; we are bringing new, dynamic architecture to the City. Chairman Kiefer closed the public hearing. Commissioner Morales commented that a lot of asphalt and concrete serves the needs of a business that is selling cars; space is needed to display the cars and increased landscape would not be conducive to the business. Commissioner Rodriguez stated his disagreement. Commissioner Morales continued by saying that uniformity between the two dealers, and a dealership’s appearance, allow architects opportunities for designs of mixed uses along Firestone Blvd giving character to the buildings, in comparison to Cerritos which is mainly brown. Commissioner Rodriguez stated that the design and the conformity is terrific, however, it is important to address landscape now and there are ways to incorporate the landscaping, he understand that it is difficult, but believes it is worth it. City Attorney Yvette Abich-Garcia advised reviewed the contents of Condition 16 and reiterated that it is legal non-conforming, there is no legal obligation to change the landscape, and it would be done voluntarily. Commissioner Flores commented that having a business in Downey, whether it is number one or number two in the nation is encouraging. He said that uniformity can be boring; there is consistency between dealers, and landscaping in this case is wasteful. Vice Chairman Lujan said that landscape important; however, when purchasing a car, people are not looking at landscaping, they’re focus is on the cars, building and showroom . Chairman Kiefer agreed to the two main aspects of conformity and landscaping. He asked if staff can bring it to the Planning Commission when it is time to approve the landscape. City Attorney Garcia advised the Commissioners that the landscaping would be approved administratively. The Commissioners continued debating landscaping and reviewed measurements, and aerial photos with staff. Chairman Kiefer reopened the public hearing. Mr. Plant advised the Commissioners that he will work with the owner to redesign the landscaping to increase the landscaping without losing valuable space to display autos for sale. He did not guarantee that the owner would agree the additional cost; however, he was hopeful that he could create a design that would work for the owner and the Commission. Planning Commission Minutes August 20, 2014 - 5 - Diane Boggs, 10568 Chaney Ave, stated that she has been a resident in Downey for 61 years; she was a Council Woman from 1984-1996 for 12 years, and appeared to comment on the item that had been withdrawn. However, Ms. Boggs stated that she was disturbed in watching this hearing from the audience commenting that the Commissioners were ignoring their City Attorney and dragging out the hearing as far as landscaping. Ms. Boggs gave an example of a Commercial property that has made proper uses of landscaping and solar panels, and added that she was also the president of the Chamber of Commerce before being elected to the city Council and finds it disturbing that Downey is still hard to do business with. She stated that she would be disturbed if she were a party going before this hearing tonight and having to listen to as much as she had to tonight, as well as having watched the City Attorney being ignored. Mia Garcia, Downey resident, inquired as to the minimum requirement for landscaping for this lot in the 60s and asked if the lot discussed had increased in size since that time. Mr. Blumenthal confirmed that the lot size has not changed; the only change has been in adding the buildings. Chairman Kiefer closed the public hearing. Commissioner Rodriguez stated that he was happy with the applicant working to address the landscaping; however, he wants the radius curbs to be installed. Commissioner Flores responded by saying that this is a City budget issue, and any changes have to go through the City Council. Mr. Blumenthal explained that the City Council adopts the Public Works standards; the City’s standard is the wing approach. The City does not have a Public Works standard adopted by the Council for the radius approach. More important the Firestone Blvd Improvement Project and Firestone Blvd Bridge Projects have been reviewed by Council and have adopted budgets for both. The adopted budgets do not have the radius curb but the standard curb approach. He spoke to the Deputy Director of Public Works who explained that the radius curb approach does not meet our standards or L.A. County standards; they take more work and more time to put in, so it would not be in the budget for those projects to add that additional time to putting them in. Director Schindler reiterated that the project has been designed, approved and budgeted; forcing changes would cost time and money, as well as throwing the project off of its schedule. It would affect everything that is happening from the bridge, up until west of Paramount on the improvements that are occurring on Firestone Blvd. Mr. Blumenthal discussed a revision to Condition 16, and suggested the following revised language: Prior to the issuance of building permits, the applicant shall submit a landscape plan to the City Planner for review and approval. Staff shall work with the applicant to identify additional opportunities to increase the amount of landscaping on site. The landscape plan shall upgrade the existing turf landscape planters with low shrubs, flowers, and other plants and trees. It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 5-0 vote, to adopt Resolution No. 14-2888, thereby approving the request for a Site Plan Review (PLN-13- 00236) with the amendments to condition number 16. Planning Commission Minutes August 20, 2014 - 6 - 3. PLN-14-00146: (Variance): Chairman Kiefer opened the public hearing for PLN-14-00146, and Ms. Cavanagh affirmed proof of publication. Commissioner Rodriguez recused himself from this item, due to his ownership of properties within 500’ of the subject site and exited the Council Chambers. City Planner William Davis gave a PowerPoint presentation of the request by Norma Gunnerson, seeking approval of a variance from the City’s residential development standards, to maintain a non- permitted 209 sq. ft. concrete pad (hardscape) in the front yard area of her home located at 12452 Rose Ave, with the front yard facing James St. Mr. Davis gave a brief background of the request that began as a Code Enforcement case, which was the result of a complaint of excessive pavement in the front yard. After receiving notices and conversations with staff to remove the concrete slab, the Applicant elected to prepare a site plan for the Planning Commission to consider as a variance. The applicant expressed the need for additional space for off-street parking because the streets in the vicinity are so narrow that the City prohibits parking on one side of Rose Ave, and on one side of James St. The site plan proposes an accessible parking space to assist disabled family members. Mr. Davis explained that the concrete slab exists without Planning Department approval or building permits. The aerial view of the subject site displayed the concrete pad adjacent to the garage/driveway and the trash enclosure to the right of the driveway along with a portable above-ground pool. Mr. Davis reviewed the findings required in order to approve a variance and advised the Commissioners that the findings cannot be made to support the request. The purpose of a variance is due to a result of undue or physical hardships or unusual size, shape, or exceptional or extraordinary conditions or circumstances, which do not exist in this case. The concrete pad also exceeds the maximum paving allowed for front yards, and is too short to meet ADA parking requirements to allow for disabled parking. In addition, staff has concerns regarding pool safety such as the lack of fencing around the pool which is a Building and Safety Code requirement to have 5’ high fencing around the pool to prevent small children from walking into the pool; which the applicant would not be able to install as the Planning Code does not allow a front yard fence to be higher than 42 inches. In addition, the Code does not allow equipment storage in the front yard. Mr. Davis concluded his report by saying that the findings cannot be made to support the applicant’s request for a variance; therefore, staff is recommending that the Planning Commission adopt a resolution of denial. Chairman Kiefer asked if the applicant would be allowed to keep the walkway, to which Mr. Davis confirmed that the walkway was permitted; the amount of hardscape for the walkway is allowed. Applicant Norma Gunnerson, 12452 Rose Ave, stated that the diagrams show that there is no parking from the driveway and all around. She has four disabled residents in her home and installed the pool for physical therapy; however, the pool will be taken down this month. Mrs. Gunnerson continued by saying that she lacks street parking and needs the concrete area for disabled parking. When she purchased the home, the property was split in half, and her address and front yard is Rose Ave, not James St. She stated that the trash enclosure was a result of Code Enforcement requiring that her eight trash cans must be removed from street view. Chairman Kiefer advised Mrs. Gunnerson that the State law requires that all six (6) findings must be made in order to grant the variance, and none of the findings can be made. Planning Commission Minutes August 20, 2014 - 7 - The Commissioners gave Mrs. Gunnerson several suggestions to assist her in making more space for parking, such as removing the trash enclosure and placing the trash cans in the 15-16 foot setback behind the home, to which Ms. Gunnerson claims there is not enough space; she uses that space for storage of her wheel barrel and other equipment. Other suggestions were made; however, Ms. Gunnerson gave reasons why they would not work for her. Chairman Kiefer closed the public hearing. The Commissioners unanimously agreed that the findings cannot be made to support the request for a variance and made several more suggestions to help the applicant find a solution to her parking issues, which Ms. Gunnerson rejected. City Attorney Garcia suggested that the applicant meet with staff to discuss suggestions made during the meeting to see if any were possible. It was moved by Commissioner Flores, seconded by Vice Chairman Lujan, and passed by a 4-0-1 vote, with Commissioner Rodriguez abstaining, to adopt Resolution No. 14-2889, thereby denying the request for a variance (PLN-14-00146). Commissioner Rodriguez entered the Council Chambers. NON-AGENDA PUBLIC COMMENTS: Natalie Manriquez, 10309 Pico Vista Rd, commented on the request by Club DB Lounge to allow Go-Go dancers, stating that the initial approval was the wrong decision. She continued by saying that she is a mother of children ages 17, 4 and 2 years old and advised the Commissioners that it is important that they maintain values and bring in businesses that appeal to a large age demographic. The Downey Police Department had put forth some information that with the evolution of having go-go dancers was shown to have an increase in crime, as well as the years that Club DB Lounge had go-go dancers, there was an increase in calls. She asked the Commission to consider the recommendations made by the Police Department and asked that they make their decisions based on what is safest for the families in Downey. Ms. Manriquez also asked that the Commission consider moving the public comments from the end of the meeting to avoid a long time for someone to wait to speak. CONSENT CALENDAR ITEMS: 4. Approval of the Minutes from August 6, 2014 It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 5-0 vote, to approve the Consent Calendar. The Planning Commission discussed meeting procedures and how they pertained to hearings of great public interest such as that of Club DB Lounge. City Attorney Garcia gave suggestions on how to handle public comments in the future to avoid people having to wait until the end of the meeting. STAFF MEMBER COMMENTS: Director Schindler gave the Commissioners a brief update on the Habitat for Humanity project to build seven single family residences on Elm Vista Rd. Planning Commission Minutes August 20, 2014 - 8 - ADJOURNMENT: There being no further business to discuss, Chairman Kiefer adjourned the meeting at 9.00 p.m., to Wednesday, September 3, 2014, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 3rd day of September, 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 3rd day of September, 2014, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission