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HomeMy WebLinkAboutPC Minutes - 06/18/14 MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JUNE 18, 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 June 18, 2014, at 6:35 pm, at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, the secretary called roll. COMMISSIONERS PRESENT: Louis Morales, District 3 Jim Rodriguez, District 5 Hector Lujan, District 1, Vice Chairman Robert Kiefer, District 2, Chairman COMMISSIONERS ABSENT: Matias Flores, District 4 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich-Garcia, City Attorney William Davis, City Planner Jessica Flores, Associate Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND LCONFERENCE/MEETING REPORTS: None PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo E. Schindler stated that there are no items to report; however, there was one closed session item regarding a property negotiation that was not resolved and will be brought back to Council. PUBLIC HEARINGS: 1. PLN-14-00051: (Conditional Use Permit): Chairman Kiefer opened the public hearing for PLN-14-00051, and Ms. Cavanagh affirmed proof of publication. Director Schindler advised the Commissioners that the Applicant submitted a request to continue the public hearing to a date uncertain, to allow staff to research information he provided on how other uses similar to his proposal have operated in other cities. This will allow staff and the Police Department to see if the uses are comparable to what he is proposing to do in Downey. It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 4-0-1 vote, with Commissioner Flores absent, to continue the public hearing for a Conditional Use Permit (PLN-14-00051) to a date uncertain. 2. PLN-14-00020: (Planned Skin Program): Chairman Kiefer opened the public hearing for PLN-14-00020, and Ms. Cavanagh affirmed proof of publication. PAssociate Planner Jessica Flores gave a PowerPoint presentation of the request for a Planned Sign Program for an existing multi-tenant commercial building located at 11400-11438 Old River School Road, zoned General Commercial. Ms. Flores stated that the property is surrounded by similarly zoned commercial developments to the north and west, residential properties to the east, and one multi-family development that abuts the southerly property line. The subject site consists of three freestanding buildings; each tenant space has can signs, and the Planning Commission Minutes June 18, 2014 site has one freestanding sign located at Old River School Rd displaying "Old River Plaza". The applicant proposes to demolish the existing freestanding sign and display 16 tenant panels within a square cabinet box tha measures 125 sq. ft., with each panel measuring approximately 19 inches high by 4 ft., and 9 inches in length. The sign is to be located on the corner of the property at Old River School Rd and Burns Ave. The applicant also proposes a monument sign to display "Old River Plaza" at the west property line, visible from Old River School Rd. It would stand eight (8) feet above grade within an existing landscape planter that runs perpendicular to Old River School Road, with a two foot setback. Ms. Flores stated staffs concerns as follows: • The proposed freestanding sign exceeds the maximum 80 sq. ft. allowable sign area for its location at the intersection. • The proposed 16 panels would be difficult to read. • The current required setback is seven feet from the property line; the proposal maintains a two foot setback, which may create a visual obstruction for cars exiting the property onto Old River School Road. • The Planning Commission has not approved a sign program with more than six (6) panels on the face of a freestanding sign. As such, staff has included conditions that mitigate staffs concerns. Ms. Flores continued by saying that the total sign area proposed is 1,009.25 sq. ft.; however, City Code provisions allow a total maximum sign area of 1,084.5. The Commissioners reviewed the regulations regarding compliance with todays' Code, safety issues for onlookers and visibility upon entering and exiting the site, and options of improvement to all. Applicant/Owner Duane Alstrom, Tucson. AZ, stated that he is requesting 16 panels to allow each of his tenant's equal advertisement, and would not be able to select only six of the tenants as it would be unfair to the remaining ten. Mr. Alstrom stated that the subject site is near the railroad tracks and has six occasions daily that allow people to read the sign; therefore, he does not believe that it would be a safety issue as the cars would be stopped and would have plenty of time to read the sign. Commissioner Rodriguez stated that he would like to see a higher quality sign such as chanel letters in lieu of the canned sign, to which Mr. Alstrom stated that the canned signs match the current aesthetics. Chairman Kiefer closed the public hearing. The Commissioners discussed the possible options in improving the design of the sign program within a timely manner to meet the Streamlining Act deadlines. The Commissioners requested that staff discuss options with the applicant during a brief recess. Chairman Kiefer called for a recess to allow staff and the applicant time to discuss possible solutions to address the concerns of the Commission. Chairman Kiefer called the meeting to order and reopened the public portion of the hearing. City Attorney Yvette Abich-Garcia gave staff direction in meeting deadlines and required documents. Mr. Alstrom submitted a written agreement to a 90-day continuance of the request for a Planned Sign Program, to allow him time to redesign the sign program and address the concerns of the Commission, with the understanding that he may request a date sooner than the 90 days if he is prepared to do so. It was moved by Chairman Kiefer, seconded by Commissioner Morales, and passed by a 4-0-1 vote, with Commissioner Flores absent, to continue the public hearing for a Planned Sign Program (PLN-14-00020) to a date uncertain. 3. PLN-14-00075: (Conditional Use Permit): Chairman Kiefer opened the public hearing for the request to withdraw PLN-14-00075, and Ms. Cavanagh affirmed proof of publication - 2 - Planning Commission Minutes June 18, 2014 Director Schindler advised the Commissioners that staff found information in the entitlement file after the request was published. The applicant is replacing, not adding antennas to the site. Based on the scope of work, the Lapplication was approved administratively and did not require a public hearing. It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 4-0-1 vote, with Commissioner Flores absent, to receive and file the request to withdraw the application for a Conditional Use Permit(PLN-14-00075). 4. PLN-14-00080: (Conditional Use Permit): Chairman Kiefer opened the public hearing for PLN-14-00080, and Ms. Cavanagh affirmed proof of publication Associate Planner Flores gave a brief PowerPoint presentation of the request to operate a martial arts studio (commercial recreation) as a tenant of an existing shopping (The West Downey Plaza) located at 7320 Firestone Blvd, zoned C-2 (General Commercial). Ms. Flores continued by saying the subject site is a triangular-shaped property bordering Firestone Blvd, Old River School Rd and Arnett St. The property is comprised of four commercial buildings (A-D); the proposed studio would occupy Suite 105 on the first floor of the two-story building "B", and is surrounded by commercial uses and a multi-family residential development to the south (rear). The studio will offer classes in Brazilian Jiu Jitsu to children and adults, estimating 6-10 customers per each one hour session. The proposed hours of operation are as follows: Studio Hours of operation • Monday— Friday 7:00 am to 9:00 pm offering eight (8) one hour sessions • Saturday—Sunday 10:00 am to 4:00 pm Office Hours • Monday— Friday 9:00 am to 9:00 pm offering eight (8) one hour sessions • Saturday—Sunday 10:00 am to 2:00 pm Ms. Flores stated that the applicant proposes that there will be one instructor per session, with two additional instructors available on an as-needed basis, with no amplified music as the instructor must be heard throughout the instruction time. Staff recognized the possibility of noise issues for the proposed use and has placed conditions to address this matter should volume levels become a nuisance; however, staff does not see any issues at this time. As such, staff is recommending approval of the request, subject to the conditions of approval. Applicant Becker Perez, 7320 Firestone Blvd, Suite 105, Downey, stated that he read and agreed to all conditions with the exception of Condition No. 8, which requires that the doors remain closed. Mr. Perez stated that he would like to have the option of opening the rear door at times to allow fresh air in, which would also assist him in reducing energy costs. The Commissioners asked Mr. Becker if the space has air conditioning, does he anticipate a lot of noise, and what is his past experience in this type of business. Mr. Becker stated that he assisted in operating a facility in Cerritos for approximately five years, has a business plan and owners' manual to run this location, and a black belt instructor with 15 years' experience, to assist him. He explained that he does not anticipate issues with noise as Jiu Jitsu is a more of a calming martial art, similar to Yoga. He confirmed that the space does have air conditioning; however, it would be good to occasionally have fresh air flow through the studio by opening the door. Chairman Kiefer closed the public hearing. The Commissioners discussed Mr. Becker's request to have the option to open the rear door on an as needed basis, and found that it was in the best interest of the nearby residents to keep the condition that the door remain closed to avoid any potential noise issues. - 3 - Planning Commission Minutes June 18, 2014 It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 4-0-1 vote, wi ' Commissioner Flores absent, to adopt Resolution No. 14-2881, thereby approving the request for a Conditional Use Permit(PLN-14-00080). 5. PLN-14-00089: (Special Event Permit): Chairman Kiefer opened the public hearing for PLN-14-00089, and Ms. Cavanagh affirmed proof of publication City Planner William Davis gave a brief PowerPoint presentation of the request by the Calvary Chapel Church, to conduct their fourth annual Independence Day celebration at the Downey High School located at 11040 Brookshire Ave, zoned R-2 (Two-Family Residential) and R-3 (Multiple-Family Residential). Mr. Davis stated that the event will include live entertainment, food booths, games, bouncers and an aerial fireworks show, which will be open to the community. The activities will take place around the sports fields, south of Fifth Street, with a licensed pyrotechnics company performing an aerial fireworks show from the school's baseball field that will be visible to event participants seated in the football stadium. Parking will be available in the Downey high schools parking lots, providing approximately 700 spaces to the participants. Calvary Chapel will provide security (unarmed) for the event and Downey high school will provide off-duty officers; which is a condition of approval that requires security guards on-site throughout the entire event. A stage will be located in the northwest corner of the football stadium approximately 150 feet from the residential properties to the north; therefore, staff is recommending conditions that require the applicant to direct the amplified sound away from the homes and arrange for trash to be picked up on campus and the immediate vicinity of the school. Another condition requires the Applicant to make restroom facilities available to the patrons during the event. The proposed hours of operation are as 12 noon to 9:00 pm, with live entertainment beginning at 2:00 pm. The Commissioners asked if there had been any major problems with the the event in the past. to which Mr. Davis responded by saying that the pyrotechnics staff met with the City's Police and Fire Departments, and agreed to have a fire truck on location. Previously, this was a City event that was taken over by Calvary Chapel over the last 2-3 years and there have been no major issues. Applicant Rick Rodriguez, 7207 Rio Flora PI, Downey, stated that Calvary Chapel took the over the event four years ago. Previously Calvary Chapel had a very large annual fireworks show in Cerritos and decided to bring it to Downey and assist the City by offering to put on the event at no cost to the City. He said that the event also assists local businesses by bringing people into the City, local restaurants and mall. In the time that they have operated this event, there have been no incidents, arrests, or accidents. He said that it's good for the City and the community as it can be seen from every home in Downey. The Commissioners asked why the event is shut down at 9:00 pm and approximately how many people attend the event. Mr. Rodriguez responded by saying that the clean-up process begins as the people are exiting, which makes it easier to complete the clean-up by the following day. They do not count the number of attendees, but estimate that there are approximately 500 or more, and he read and agreed to the conditions of approval. Chairman Kiefer closed the public hearing. The Commissioners described the event as a great event and are happy that Calvary Chapel was able to take it over at no cost to the City, calling it a real community builder and commended Mr. Rodriguez on doing a fantastic job. It was moved by Vice Chairman Lujan, seconded by Commissioner Rodriguez, and passed by a 4-0-1 vote, with Commissioner Flores absent, to adopt Resolution No. 14-2882, thereby approving the request for a Special Event Permit(PLN-14-00089). NON-AGENDA PUBLIC COMMENTS: None - 4 - Planning Commission Minutes June 18, 2014 CONSENT CALENDAR ITEMS: Or 6. Approval of the Minutes from June 4, 2014 161. 7. PLN-14-00121: (Final Map No. 71927): The Planning Commission's recommendation to City Council to approve the Final Parcel Map No. 71927 for the subdivision of the 52,614 sq. ft. parcel of land located at 9528 Lemoran Ave, zoned R-1 10,000, into three parcels and a private street. It was moved by Vice Chairman Lujan, seconded by Commissioner Rodriguez, and passed by a 3-1-1 vote, with Commissioner Morales' abstention from Item No. 6, and Commissioner Flores absent, to approve the Consent Calendar. OTHER BUSINESS: 8. PLN-14-00120 (2013 General Plan Annual Report): Mr. Nguyen gave a brief summary of the 2013 General Plan Annual Report and recommended approval to forward the report to the City Council to receive and file. It was moved by Commissioner Morales, seconded by Vice Chairman Lujan, and passed by a 4-0-1 vote, with Commissioner Flores absent, to approve the report and recommend that the City Council receive and file the 2013 General Plan Annual Report. STAFF MEMBER COMMENTS: None. ADJOURNMENT: There being no further business to discuss, Chairman Kiefer adjourned the meeting at 8:35 pm, to Wednesday, July 2, 2014, at 6:30 pm at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 2nd day of July, 2014. Robert Kiefer, Chair an City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 2nd day of July, 2014, by the following vote: AYES: COMMISSIONERS: Kiefer, Lujan, Morales and Rodriguez ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Flores NOES: COMMISSIONERS: None / \A/Jui 0 Mary Cavanagh, Secretary City Planning Commission - 5 -