HomeMy WebLinkAbout3. PC Draft Minutes - 03-18-15
DRAFT MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, MARCH 18, 2015
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
Chairman Lujan called the March 18, 2015, Regular Meeting of the Planning Commission to order at
6:43 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute,
Secretary Cavanagh called roll.
COMMISSIONERS PRESENT: Patrick Owens, District 2
Jim Rodríguez, District 5
Matias Flores, District 4, Vice Chairman
Hector Lujan, District 1, Chairman
COMMISSIONERS ABSENT: Louis Morales, District 3
OTHERS PRESENT: Aldo E. Schindler, Director of Community Development
Yvette M. Abich Garcia, City Attorney
William E. Davis, City Planner
Mark Sellheim, Principal Planner
Mary Cavanagh, Secretary
PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS;
AND CONFERENCE/MEETING REPORTS: Vice Chairman Flores and Commissioner Rodriguez
commented on their attendance of the workshop conclusion for the Parks and Recreation’s new
Master Plan to create new and innovative uses for our parks. Vice Chairman Flores also made
inquiries regarding the City’s option to advertise on the new electric billboard, commenting that he
had not seen that it was being utilized. Director of Community Development Aldo Schindler
responded by informing the Commissioners of several of the advertisements that had been running
for our City over a 24-hour period such as Police Recruitment, activities at the Downey Theatre and
Rio Hondo Golf Course events. In addition, the billboard will be used for some Chamber of
Commerce events and some large events that will be going on in the City.
Commissioner Owens and Commissioner Rodriguez thanked the City for their attendance at the
recent Planning Commission Academy and commented on the conference, the large attendance of
approximately 500 Commissioners and appreciation to be able to see how efficient our City is.
PRESENTATIONS: None.
REPORT ON CITY COUNCIL ACTION: None.
PUBLIC HEARINGS:
1. PLN-15-00005: (Conditional Use Permit) continue to from April 1, 2015: Chairman Lujan
opened the public hearing for PLN-15-0005. Director Schindler requested that the item be continued
to the next Regular Meeting of the Planning Commission on April 1, 2015.
It was moved by Commissioner Rodriguez, seconded by Vice Chairman Flores, and passed by a
vote of 4-0-1 with Commissioner Morales absent, to continue PLN-15-00005 to the April 1, 2015
meeting.
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2. PLN-14-00175: (Site Plan Review, Variance and Tentative Tract Map): Chairman Lujan
opened the public hearing for PLN-14-00175, and Ms. Cavanagh affirmed proof of publication.
Principal Planner Mark Sellheim gave a PowerPoint presentation of the request to develop a four (4)
unit townhouse condominium project, on property located at 8603 Imperial Hwy, zoned R-3-O
(Multiple-Family Residential Ownership). The proposal consists of three entitlement requests: 1)
site plan review application evaluating the project's development features, site improvements and
architectural style; 2) variance application seeking relief from side and rear yard setback
standards and the variable height limitation; and 3) A Tentative Tract Map No. 72292, a 1- lot
subdivision for the purpose of developing four townhouse-style condominiums, ranging in size
from 2,177 to 2,193 square feet.
Mr. Sellheim stated that the property has been vacant since 1978, which was largely due to it being
zoned Professional Office, which consequently limited the property from being developed. In 2007,
the City Council approved the rezoning of the property to R-3-O (Multiple-Family Residential
Ownership). Mr. Sellheim presented aerial views of the neighboring properties and zones of each,
which consisted of residential apartment complexes, commercial uses and single family residential
properties abutting the property along the northern property line. The proposed units will be
developed in a traditional 2-story townhouse style, featuring tuck-under 2-space garages. Each
unit's floor plan is a mirror image of the adjoining unit. The floor will feature the kitchen, dining
area, living room, a 1/2 bath, along with the garage. The second story will provide a loft, a
master bedroom with its bath and walk-in closet, along with two bedrooms and a shared bath.
Staff is recommending a few modifications to the building’s proposed design, which have been
incorporated into the conditions of approval, some of which include: the building colors should
provide more contrast; the roofing tile materials should be flat with an earth tone color; 3) changes to
the front elevations with stone veneer, shutters and pop outs.
Commissioner Rodriguez discussed the setbacks, encroachments, driveway approach, drainage
spouts and gutters with staff. Mr. Sellheim reviewed the conditions of approval, including those of
the Engineering Department, to remove the driveway approach, which will be developed with the
Community Development standards.
Applicant Chandrakant Patel, Grand Top LLC, 17510 Pioneer Blvd. # 224, Artesia, CA stated that
the site has been sitting for a long time and he intends to make it beautiful and asks for the Planning
Commissions’ support.
Commissioner Rodriguez asked Mr. Patel if he agrees to the changes in the design, primarily in the
front and the drainage, to which Mr. Patel replied, yes; the building has to appeal to buyers and had
no problem regarding the drainage.
Commissioner Rodriguez thanked staff for an amazing presentation and phenomenally detailed staff
report. He added that he was initially concerned with the setbacks until he spoke with staff and
better understood their reason. However, he would like a condition in place to require a gutter
system to address any potential issues with cascading water run-off.
Commissioner Owens said that he was pleased with the project; it’s a good size and should bring the
right buyer.
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Vice Chairman Flores said that it is about time for the property to be developed, and pleased that is
residential ownership as opposed to apartments.
Chairman Lujan said that it is a positive project for the community.
It was moved by Commissioner Rodriguez, seconded by Commissioner Owens, and passed by a
vote of 4-0-1 with Commissioner Morales absent, to adopt resolutions 15-2908, 15-2909 and 15-
2910, thereby approving the requests for a site plan review, variance, and tentative tract map (PLN-
14-00175) with modified conditions as stated.
3. PLN-14-00260: (Variance): Chairman Lujan opened the public hearing for PLN-14-00260, and
Ms. Cavanagh affirmed proof of publication.
Commissioner Rodriguez disclosed that in his attempt to do research on the project by speaking to
the public, his intent may have been misconstrued and therefore recused himself from voting on this
item , and took a seat in the audience.
City Planner William Davis gave a PowerPoint presentation of the request to construct a two-story
house at 13423 Laureldale Ave, zoned R-1 5,000 (Single Family Residential). The house features a
one-car garage, kitchen, living room, dining room, and a bathroom on the first floor and three
bedrooms and two bathrooms on the second floor. The laundry facilities would be located within the
attached garage. The request for a variance is to deviate from the City of Downey’s residential
property development standards, to allow a reduced side yard setback, greater floor area ratio (FAR)
than the Zoning Code allows, and to reduce the off-street parking requirement for a proposed single
family residence in the R-1 5,000 (Single-Family Residential) zone.
Mr. Davis reviewed aerial photos of the subject property, explaining that this property is unique in
that the lot is 25 feet, which is only half of the minimum width of a lot in the R-1 5,000 zone, making it
too narrow to construct a two-car garage that the Code requires. It is also too narrow to provide
adequate openings (doors and windows) to satisfy the Building Code requirements for light and
ventilation. The narrow street faces the back rears of houses on the neighboring street (Dempster
Ave), and allows for parking on only one side of the street. The request for a variance is to deviate
from the City’s residential development standards, to reduce the side yard setback requirements
along the southerly property line from five feet to three feet, to increase floor area ratio (FAR) from
.60 to .71, and to reduce the parking requirement from two covered parking spaces to one by
allowing a one-car garage. The request to reduce the requirements f or covered parking is based on
the limitations created by the narrow width of the lot. The substandard lot was subdivided in 1927;
therefore, it exists as a legal lot. Although the applicant is not proposing to increase the lot, the FAR
must be considered. Mr. Davis presented photos of homes in the area that are similar to the
applicant’s proposal, some of which required variances to develop in close proximity to the property
lines. In the past, the Planning Commission has approved similar variance requests, due to the
large number of undersized lots (approximately 72) in this area. Staff made suggestions in an
attempt to achieve reasonable conformance to City standards such as providing a two-car garage,
locating the laundry facilities to an area beneath the stairwell, and narrowing the hallways and
rooms. Prior to the changes to the Code, the previous standards would have allowed the 18 feet for
the two-car garage. Staff’s modifications do not resolve the issues regarding the second floor
setbacks and FAR, however, with the modifications and the elimination of a bedroom, staff is
recommending approval subject to the conditions of approval.
The Commissioners discussed the FAR, the comparison of the surrounding properties to the subject
site, which had been remodeled before 2008, and conditions for the project.
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Applicant Eddie Leon, 9115 Brock, Downey, thanked staff and the Commissioners for their time in
reviewing the request. Mr. Leon stated that he is trying to build a single residence to allow a family
to have a home. He is a resident of Downey and built his own house and does nice unique designs.
He said that he prefers to build on smaller lots and does different designs. Mr. Leon stated that he
does very nice uniquely designed houses and upgrades houses to be presentable. He said that he
does not work after hours and wants to the opportunity to build in his City. He concluded by saying
that he usually works in Norwalk and Whittier building these types of homes.
Chairman Lujan thanked him for coming back to our City.
Commissioner Owens asked Mr. Leon how he felt about staff’s proposal, and would he be able to
make the changes, and he likes the energy saving features suggested by staff. In addition, when
building these homes, does he revisit them after the fact to see the resale; are they built, sold and
then resold?
Mr. Leon responded by saying that he built three houses in Compton, which increased from the sale
price of $289,000 and it just recently resold for $389,000, and another in Norwalk, that he purchased
for $255,000 and currently worth approximately $375,000. He builds single-story, two bedroom and
one bath homes, and two-story homes that are three bedrooms and two baths. The houses sell
quickly. He concluded that he had no problems with the modifications suggested by staff including
the energy saving water heater. He is not sure about moving the street light if it is necessary.
Commissioner Flores asked Mr. Leon if he would build the two-car garage and Chairman Lujan
asked if he would be willing to move the washer to the inside of the house, to which Mr. Leon stated
that he had no problem with either, he only had to see if the street light would be in the way.
Director Schindler stated that the street light has to stay, and if it were necessary to move it, it would
be a costly expense incurred by the applicant.
Mr. Davis reviewed the location of the light pole, and concluded that a 16’ wide garage door would
allow 4 ½ feet on each side of the property line; as far as the sidewalk is concerned, we would be
able to clear that. However, we have to consider the driveway apron, and we may not be able to
clear that with the light pole, and Public Works wants that light to stay.
Commissioner Owens stated that if it comes to a vote, it would be with the requirement of a two-car
garage.
Director Schindler stated that the two-car garage is a condition of approval.
Chairman Lujan and staff advised the applicant that the two-car garage would be required to
approve the application; with a house this size, the family would have children who would ultimately
be driving and would add to the already congested parking.
Mr. Davis informed the Commission that the driveway width is negotiable; in addition, if the applicant
were to withdraw his application, he could not return with a new application for one year.
Mr. Leon stated that he has received numerous notices for property maintenance violations and
wants to move forward; however, it would be too costly to move the light pole for the two car garage.
He will do whatever it takes to modify to a smaller two bedroom house with one bathroom, he just
wants to build a nice house, and the size of the house does not matter.
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Speaking in opposition:
Jacob Wilcox, 13419 Laureldale Ave, stated that he owns the home next to the empty lot and
opposes anything being built for reasons of no privacy, and space issues. His windows face the
driveway, and with another house, they would be able to see in his windows, and there would be no
space. He added that his mother is handicapped and it would be difficult for her to get in and out of
a vehicle if there is another vehicle next door. The two-story homes mentioned earlier were on
Golden or Pritchett; Laureldale is all single story homes. With the three foot setback, the roof of the
garage would be hanging over his property line.
Vice Chairman Flores asked Mr. Wilcox if he is against any project at the site, to which he responded
by saying yes. Mr. Wilcox claimed that he was told by the City that nothing could be built there and
was a condition of him purchasing the home. Three months ago he was told that the property was
sold with his address. He purchased his home in May 2014 and was receiving calls from the City to
clean up the trash, thinking it was his property.
Veronica Martinez, 13429 Laureldale Ave, stated that she has lived in this home since the 1990s and
is against a two-story house being built, as it would cause issues with the following:
• Privacy, the close proximity would allow personal conversations and interactions to be heard.
• Potential noise impact caused by day to day activities and spousal disagreements.
• Loss of natural lighting and view; will no longer be able to see the sky and landscaping.
• Parking is already congested and increases during holidays and family events.
• Two-story houses do not conform to the houses on Laureldale Ave; the two-story houses in
the surrounding area are on streets that allow parking on both sides of the street.
• If a structure is to be built, it should be required to adhere to the current Code only.
Chairman Lujan asked how close is her neighbor to the left of her house, to which Mr. and Mrs.
Martinez replied 21 feet. Mrs. Martinez stated that she isn’t opposed to anyone building, she is only
asking that they be required to build according to the Code; commenting that she finds it ridiculous
that she has to defend that and hopes that all of this will be taken into consideration in making their
decision.
Raul Martinez, 13429 Laureldale Ave, asked that the variance not be granted on the grounds already
expressed by his wife. Mr. Martinez presented pictures to the Planning Commissioners to show the
current parking issues. He stated that their view will become a brick wall, and the proximity between
the homes is not three feet; he measured them to be two feet and ten inches from his house to the
fence. The proposed house would then be arm’s length between the two houses and would put his
house in danger if the neighbors’ house were to catch fire. Mr. Martinez stated that he tried to get a
variance to add on to his house and was told that it would not be granted and he would lose a
portion of his house. He did not understand why he couldn’t get a variance, but the applicant is able
to. He added that he is opposed to anything being built. The previous owner was going to sell, but
was told him that nothing could be built there. Most houses were built in the 1950s, and we are now
in 2015 and we should stick to all the codes and not grant the variance. In the past, the two
properties were always sold together and so the property technically belongs to his neighbor Mr.
Martinez concluded that the applicant is building a m ini mansion on a very tiny lot.
Commissioner Owens asked Mr. Martinez if Mr. Wilcox sold the property, would he be opposed to
anything being built? Mr. Martinez stated that they would still have to conform to the rules: A
structure 2,999 sq. ft. or below would require a 20x20 two-car garage.
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Commissioner Owens asked that if nothing was done, who would maintain the property. Mr.
Martinez responded by saying that if the applicant walked away, he would buy and maintain the lot.
The proposal will impact his neighbor and himself and reiterated that if anything is to be built there, it
should be built to Code.
City Planner Davis reiterated Commissioner Owens’ question by asking Mr. Martinez if the two lots
were purchased together and someone wanted to build one house on the two lots, would he be
opposed, to which Mr. Martinez responded that he would not be opposed if the existing house is
demolished and a new house is built away from the neighbors.
Ernie and Patricia Duarte, 13417 Laureldale Ave, stated that they are opposed to the granting of the
variance for the following reasons:
• The request is not within the development standards.
• Parking is limited to one side of the street and there are already parking issues.
• There are no two-story homes on the street and is not conforming; the two-story houses
mentioned have parking on both sides of the street.
• Parking becomes more congested during gatherings, and there are safety concerns for her
daughter parking far away.
• It would be too dangerous and scary for the residents and the children if they were to move
the light pole.
• Invasion of privacy; they would be able to see into their windows from the second floor.
• 15 year resident; told that nothing would be built there.
Mrs. Duarte concluded that they are a close knit community, they are proud of their home, City and
wonderful neighbors. She said that they bought this home to raise their children there; a 20 year old
daughter and a son of 17 years old, who passed away from Cancer. She concluded that they have
their family there, and they hope that they do not allow anything to be built there.
Ernie Duarte read letter from Rocelia Gutierrez, 13429 Dempster Ave, who was unable to attend and
sent a letter to be read to the Commissioners. Mr. Duarte explained that Ms. Gutierrez resides in the
home directly in front of their home; however, her rear property is facing the front of the Gutierrez
property at 13417 Laureldale Ave. Mr. Duarte read the letter into record as follows:
To Whom It May Concern:
Hello, my name is Rocelia Gutierrez and I am writing this letter regarding the property between
13419 Laureldale Ave and 13429 Laureldale Ave. This property is behind my house and it has
come to my attention there are plans to build a two-story house in this small piece of land. I think
that the land is inadequate to hold such structure as it would be as a huge invasion of privacy for
neighbors on either side of it. Such home would also not provide the right amount of living space
as one car barely fits parked along the street of the property. If a house is built on the property it
would be extremely cramped and create a nuisance for their surrounding neighbors, and I ask
you to take this into consideration before approving any plans to start construction on this
property.
Thank you,
Rocelia Gutierrez
Mrs. Duarte added that she hopes that the Commissioners take her family and everyone into
consideration in making this decision.
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Mr. Leon addressed the residents, saying that he does understand their concerns; however, as a
developer, there is land there and if he does not build there, he will have to fence it until he is
allowed to build. He has already received two notices from Code Enforcement and doesn’t want
anymore. It is a lot and he wants to build; he would be willing to build a smaller house of
approximately 800 sq. ft. with two bedrooms.
After discussing the options with the Commissioners and staff, Mr. Leon agreed to continue the
request to a date uncertain in order to allow him time to work with staff in redesigning a smaller
home.
Chairman Lujan stated that the public hearing will remain open and the item is continued to a date
uncertain.
It was moved by Vice Chairman Flores, seconded by Commissioner Owens, and passed by a vote of
3-1-1 with Commissioner Rodriguez abstaining and Commissioner Morales absent, to continue the
request for a variance to a date uncertain, to allow the applicant time to work with staff on
redesigning the project.
Chairman Lujan called for a break at 8:31 p.m., and called the meeting to order at 8:42 p.m.
4. PLN-14-00252: (Conditional Use Permit, Variance and Site Plan Review): Chairman Lujan
opened the public hearing for PLN-14-00252, and Ms. Cavanagh affirmed proof of publication.
City Planner Davis gave a PowerPoint Presentation of the request for approval of: 1) a conditional
use permit to sell alcohol for off-site consumption; 2) a variance from the City of Downey’s variable
height and yard setback requirements for properties abutting residential zones; and 3) a site plan
review of the development, design and use standards to convert the former Beach’s Supermarket
into a Vallarta Supermarket, on property located at 7902 Imperial Hwy, zoned C-2 (General
Commercial).
Mr. Davis stated the former Beaches marked sits on 180,250 sq. ft. of land, abutting residential
single family residences on Lyndora St. along the southerly portion of the property. The proposed
project requires a variance for loading, shipping and receiving very close to their neighbors to the
south. The proposal extends 25 feet toward the residences with. In the past, noise, vibrations and
lack of privacy were issues for these neighbors. The applicant proposes to enclose the loading dock
with a sound wall to reduce the sound; however, the enclosure would be closer to the residential
neighbors, including the variable height issue. Mr. Davis reviewed the illustration of the proposal,
explaining how the portion of the addition to enclose the loading dock would exceed the variable
height limit. The Commissioners discussed the following with staff:
• The loading dock enclosure, with the reduction from five to two docks.
• The reduction in noise.
• The path for the trucks to enter and exit.
• The height of the block wall along the southerly property abutting residential.
• Removal of the transformers and required underground utilities.
• The Spanish architectural design of the project (reviewed sample board of colors and
materials).
• Landscaping and elevations.
• Trash compactor location and potential noise impacts to the neighbors.
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Mr. Davis explained that Vallarta requires the Planning Commission's approval of a conditional
use permit to sell beer, wine and distilled spirits for off-site consumption. This approval would
make them eligible to obtain a Type 21 license (Off Sale General) from the State of California
Department of Alcohol Beverage Control. Staff has conditions is place to address issues relating to
this use. No conditions were added in regard to the building design; the applicant made changes to
items that had already been discussed with staff.
Mr. Davis reviewed conditions 19-23 in regard to the variance application to address mitigate
potential noise and visual impact to the residential neighbors as follows:
19) The Applicant shall install Cypress trees along the south property line, to screen the truck loading
activity and to mitigate noise.
20) Exterior light fixtures shall be shielded to prevent glare and light spillover onto the adjacent
residential properties.
21) Truck storage, staging and movements are prohibited along the setback area adjacent to the
south side of the building and the southerly property line.
22) The hours of delivery shall be restricted to 8:00 a.m. to 9:00 p.m.
23) Delivery truck engines shall not be allowed to idle within fifty feet of the rear property line.
Commissioner Rodriguez asked for clarification regarding the Art in Public places ordinance, and
postings of the conditional use and police permits. Mr. Davis explained that the requirement is
based on projects with a valuation of $500,000 or more; the applicant must either provide art or
contribute to the City’s Art in Public Places fund. Director Schindler added that if the applicant
chooses to provide the art, they must use a formal artist that would require City Council approval.
The conditional use permits and police permits would be permanently displayed, generally in the
business office within the store, so that the conditions are understood by all parties.
Applicants John Marquis, CFO, and Jorge Prieto, Architect, Vallarta Markets 12881 Bradley Ave,
Sylmar, CA 91342. Mr. Marquis stated that he was both impressed and amazed by the changes that
Downey has made to their City; commenting that Downey is getting better and they would like to
participate in that. He continued by saying that this will be the first store south of the San Fernando
Valley, employing 185-200 employees; most will come within a 5 to 10 mile radius of the store, with
the key managers from other stores to train the new employees. The store will have an on-site
bakery, tortilleria, and meat department; everything has to be fresh; a great deal of their products are
made fresh daily on site. Mr. Marquis compared the Vallarta Supermarkets to Gelsons
supermarkets and refers to their stores as the “Gelsons” of Hispanic markets, because of their
cleanliness, and the amount of fresh food that they produce daily.
Mr. Marquis and Mr. Prieto discussed the following with the Commissioners:
• The trash compactor will eliminate the need for five to seven rollaway bins stored on the site;
it is inside only, does not run all the time, makes a minimal amount of noise, is much cleaner
than bins and will be picked up once a week.
• Underground utilities, transformers and lighting.
• Improvement of the loading dock, drainage and retention areas.
• Screening of the loading docks (2 in total), 7-8 deliveries a day, trucks will turn off their
engines unless they carry frozen food or produce, and the only trucks who do not deliver to
the loading dock are Coca-Cola and Frito Lay, who typically use smaller trucks and enter
through the side door for deliveries.
• Entrance and exit paths for the deliveries, and turning radiuses.
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• Chain link enclosure to store pallets and cardboard.
• Reducing the landscaping to allow space for the trucks.
Mr. Prieto thanked Mr. Davis for doing an excellent job in presenting the project. Mr. Prieto
continued by saying that they (Vallarta) are improving the curb appeal with this project, and reviewed
the improvements that are being made to the site, and addressed one of the letters from the
residents expressing their concern with the height of the truck and the height of the wall. Mr. Prieto
stated that the trucks will be screened so this will not be an issue.
Chairman Lujan asked Mr. Marquis if they read and agreed to the conditions of approval, to which he
responded that his only concerns were with No. 21 regarding the movement; No.17, explaining that
there is no need for a trash enclosure because they are using a trash compactor; No. 16, asking how
far they would have to tap into the City’s recycled water which could become quite costly; and No. 32
requiring exit signs within 30 days of adopting the resolution; there are no problems with the
remaining conditions.
Commissioner Rodriguez asked if striking “movement” from Condition No. 21 would suffice, to which
Mr. Marquis agreed.
It was discovered that there was an error was made in the numbering of the conditions, whereas no.
19 was used twice; first between conditions 14 and 15. Going forward, the initial use of No. 19 will
now be 14.5):
19) 14.5 ) The owner/applicant shall provide that the standards of improvements, construction
materials, and methods of construction shall be in conformance with the Standard Plans and
Specification for Public Works Construction and as modified by the City of Downey's Standard
Plans and Specifications.
Commissioner Rodriguez inquired as to Condition No. 19 that discusses installing Cypress trees
along the south property line and asked for clarification how far they would go, to which Mr. Davis
gave example of the characteristics of various Italian Cypress which grows wider. In response to
how far they would cover, Director Schindler pointed out that the condition stated that the intent is to
screen the truck loading activity, so the intent would be just to have it along that area.
Commissioner Rodriguez stated that they should revisit this decision after they hear more from the
residents in the area.
Mr. Marquis requested that the delivery hours be revised from 8:00 a.m. to 9:00 p.m., and asked if
they can revise the hours to 7:00 am to 9:00 pm; most deliveries require an 8-10 hour window.
Mr. Davis stated that we received two letters from neighboring property owners, both expressing
request mitigation measures be incorporated into the plans.
Tammy Canabal, 7925 Lyndora St., stated that she is in favor of the request and is glad that the
property will no longer be empty. Ms. Canabal stated the trucks are going to have to pull forward in
order to back into the loading dock, which is where her property sits. The trucks that are there now
park and rest there, leaving the trucks idling. She can hear the trucks from the house, and if her
children are playing outside she has to bring them in because the trucks are out there smoking and
her children have asthma. There is also a problem with people hanging out along that wall who
throw trash and bottles over the wall into her yard and they can easily jump the wall. She asked for
consideration to perhaps increase and/or soundproof the shared wall, and likes the idea of trees, but
Planning Commission Minutes March 18, 2015
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is concerned with the maintenance of the trees as they pertain to the power lines above. She
continued by asking, how are they loading the pallets that are stored, is it with a forklift, and if so,
what kind of noise would that make? Lastly, she is not opposed to the request to start deliveries for
the store at 7:00 a.m. to 9:00 a.m., and asked if the recycling center that is currently there will
remain.
Vice Chairman Flores asked Mrs. Canabal how long she has resided there and was Beaches in
operation during that time? Mrs. Canabal stated that she has been there for 5 ½ years, and thought
that Beaches was on their way out when she moved in. They’ve done some production stuff but
there are also trucks that come and store stuff there. Big rig diesel trucks come there and she can
hear the chain link fences there opening up, a lot. She hears them backing in, sometimes late at
night and is concerned because she doesn’t know if it’s part of the store. She said that she does see
or hear them. The last time was about 3 weeks ago; they sat there idling for a while. Also, vans and
cars park along the side. She has plants and trees that are overgrown there and keeps them as a
barrier because of a bank robbery at the nearby Bank of America, where the bank robber jumped
over the wall into her yard.
Property owner Ron Beach 1700 Magnolia Ave, Burbank, CA, spoke in rebuttal to the statements
made by Ms. Canabal. Mr. Beach stated that his family has owned this property since the 1940s
and ran the supermarket for about 65 years. He stated that there are no authorized trucks there,
and if there are, she should contact the Downey Police Department. The only thing that is allowed is
the recycling center and it only operates during the day and will be moved toward the cleaners, it will
not be near the market. Mr. Beach again encouraged people to call the Downey Police Department if
they see anyone there; they have been having a lot of trouble with people dumping things there. Mr.
Beach concluded by saying that he thinks that this project will be a tremendous improvement to the
area and the City of Downey and thinks that they are going to do a great job.
Mary Walker, 7915 Lyndora St. stated that she dropped off a letter to the Commissioners which they
had in front of them. She stated that the market will be an asset to our community. Her home is
directly behind the loading dock, and asked the Commissioners to please read the letter with her
concerns.
Timothy Taylor, 7857 Lyndora St., stated that he has a lot of concerns but most of them were
addressed by the other speakers. He and his wife have lived there for about five years and is happy
to see the market coming. Mr. Taylor asked for clarification as to where his house is located on the
aerial view and stated that he is five to six houses from Smallwood Ave. He is not in favor
aesthetically of the wall. His concern is that there will be after hour deliveries, he has a 10 week old
daughter and is concerned that they would wake her and asked what his recourse would be.
Director Schindler explained that they should contact the Downey Police Department immediately as
they (Vallarta) would be in violation of the CUP (conditional use permit). The police would have a
copy and give them a warning to correct, and ultimately if they continue to be in violation of the
conditions, their CUP could be revoked.
Roger Holt, 7851 Lyndora St, stated that he is the original owner of the house and was there when
the houses were being built. Those houses were built at a lower level than what the back property
line was, and there was about 18 inches of their back yard and 20 feet at an angle, so everybody
had to put flower beds and where the chain link fence is still there. That means that their house is
built on lower property, and the Bank of America put three more feet on it to make it drain towards
Imperial. Those things happened, and to give away 25 feet that they got when the store went in
there. We got them to move the store 40 feet; they were going to put it on the fence, and to give
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away those 25 feet, that just moves the problems that much closer to the home owners. He has had
a very nice 65 years there, so Downey has done him very well.
Mr. Marquis made a couple of observations: Historically, the trailer tractors would pull in within three
to four feet of the back wall; the way Vallarta is proposing and operates, the trucks will be screened
and this will eliminate that problem completely. The problem with this property is that it had become
an attractive nuisance with people dropping bottles and cans and throwing them over the neighbors’
walls. As soon as the market is opened, this will go away. They do not want the recycling center
anywhere near the store, and with the screen wall and the Cypress trees, these issues will go away.
In addition, they have guards inside the store during business hours and they believe in having
security. All the cashiers are trained to maintain strict sales of tobacco and alcohol and have
received no violations. The hours of operation are 7:00 am to 11:00 pm. They wouldn’t want people
parking along the southerly wall facing the residential neighbors and have no problem in making it a
no parking area.
The Commissioners discussed the dividing wall regarding soundproofing and increasing the height,
parking, pallet storage (uses electric pallet jack that does not make noise), the fork lift that is inside
use only, and is never outside.
Mr. Marquis stated that they like to be good neighbors, and their warehouse is located in Sylmar in
close proximity to residential neighbors and there have been no issues with the neighbors, and this
is a warehouse that has approximately 30 trucks there on a daily basis.
Vice Chairman Flores said that this was a very good presentation and thanked staff and the
applicant, and believes that the neighbors’ issues have been addressed and is excited to see this
great project coming to south Downey. He hopes that the residents call if there are any violations
and is ok approving the request to revise the delivery hours to 7:00 am to 9:00 pm. He would like to
see the Cypress trees extended 70 feet and the height of the Beaches wall to be increased.
Mr. Davis confirmed that the Commissioners were speaking about increasing the perimeter wall
(south property line), to which he advised them that the City Code allows a maximum wall height of
seven feet.
Commissioner Rodriguez commented that the development is really well done; however, if they
continue the Italian Cypress trees an additional 70 feet, a no parking zone is good. He is in favor of
the hours beginning at 7:00 am. He read Condition No. 23 in that “Delivery trucks shall not be
allowed to idle within 50 feet of the rear property line.” To which Mr. Davis clarified that it is 50 feet
from the south property line and asked if it should specify “south property line,” to which
Commissioner Rodriguez agreed and continued with Condition No. 21, to strike the word
“movements,” Condition No. 32 regarding the emergency exit signs within 30 days of approval, to
which Director Schindler clarified that it can be changed to “30 days of this adopted resolution” to
“within 30 days of the issuance of the certificate of occupancy.”
City Attorney Yvette Abich Garcia asked for clarification regarding the applicants question regarding
Condition No.16 that was raised by the applicant. Director Schindler explained that it’s a Public
Works requirement and it’s based on the National Pollutant requirements that all cities are required
to follow within the County and State. He doesn’t know where the main lines run, but if there is one
running down Imperial Hwy, that would be the intent. If there isn’t one there, we’re not going to ask
them to install one; but if there is one there within a reasonable distance, they would be required to
do so.
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The Commissioner together with staff discussed and agreed to remove Condition No. 17, per the
applicants request as it is not needed with the trash compactor. Because of the error in numbering
the conditions, Condition No. 17 would be stricken and changed to “RESERVED”, in order to
continue the numbering order. Condition No. 19 would be revised as follows:
19) The Applicant shall install cypress trees along the south property line, to screen the truck
loading activity and to mitigate noise, extending 350 feet as measured from the west
property line.
The Commissioners and staff agreed to revise No. 17 as follows:
17) The Applicant shall trash enclosures on the plan in accordance with the City’s standards, and
illustrate the location(s) on the Site Plan.
17) RESERVED
17) Parking is prohibited along the south property line and the applicant shall provide “No
Parking” signage.
Chairman Lujan thanked the applicant and residents for their presentation on a great project for the
community and to the residents to express their concerns.
It was moved by Vice Chairman Flores, seconded by Commissioner Owens, and passed by a vote of
4-0-1 with Commissioner Morales absent, to adopt resolution 15-2911, thereby approving the
requests for a conditional use permit, site plan review and variance (PLN-14-00252), with modified
conditions as stated.
5. PLN-15-00022: (Conditional Use Permit and Site Plan Review): Chairman Lujan opened the
public hearing for PLN-15-00022, and Ms. Cavanagh affirmed proof of publication.
City Planner Davis gave a PowerPoint Presentation of the request for approval of a drive-thru lane
and an outdoor dining area, and a review of the development, design and use standards for a
Starbucks Coffee Shop, on property located at 7954 Imperial Hwy, zoned C-2 (General
Commercial). Mr. Davis explained that the property was the formerly Bakers Square Restaurant
site, and formerly the Beaches Market site. The structure will be very close to Imperial Hwy and the
neighboring Valero Gas station. The existing restaurant building will be demolished to build the
1,800 sq. ft. coffee shop with a drive-thru lane. The request complies with all City Code
requirements. The architectural design will be an attractive design for Starbucks. The applicant also
proposed two green screens, however, staff is recommending replacing one of them with a faux
glass window similar to another on tis elevation, to give a more balanced appearance. With that,
staff is recommending approval of the application.
Commissioner Rodriguez asked if there is any consideration to wood covering, other than the
umbrellas shown.
Applicants, Charlie Arbing, Starbucks Real Estate Department, 17700 New Hope St., Fountain
Valley. Mr. Arbing thanked the City, the Beach family and especially Mr. Davis who was
instrumental in guiding them through the project. This is a full size store to combine indoor dining
with a drive-thru. They consider this to be a “third home” where residents can congregate. They will
employ 20 partners, as employees, they are all “partners” and they are eligible to receive stock
grants for ownership; and they will all have access to healthcare and free college tuition. Their
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Architect, Jeff Herbst, is present to go over any conditions. They had questions regarding a couple
of conditions; the recycled water that was addressed in the previous application under Item 16 and
Condition 20, regarding the applicant shall construct the eastern most driveway. Mr. Arbing stated
that their normal hours of operation are 4:30 a.m. to 11:30 p.m.
It was discovered that the Commissioners did not have the conditions of approval attached.
Chairman Lujan called for a break at 10:25 p.m. to allow staff to obtain copies and allow the
Commissioners time to read the conditions of approval.
Chairman Lujan called the meeting to order at 10:35 p.m. and apologized for the inconvenience.
Mr. Davis explained that the Planning Commission has often asked for a radius approach for the
driveways to provide better access, a smoother access for cars to transition when moving on from a
major street to a commercial project. It is something that the Planning Commission has asked for
during new projects which is the nature of what staff’s recommendation.
Commissioner Rodriguez asked to clarify if it is the approach driveway on Paramount, to which Mr.
Davis pointed to the easternmost driveway of the two driveways on Imperial. Mr. Arbing stated that
this is a shared driveway with Vallarta and did not understand the conditioning of the driveway, since
it is outside of their parcel. Mr. Arbing clarified the property lines of the parcel.
Commissioner Rodriguez directed staff’s attention to a right turn out of the driveway and stated that it
is a difficult turn coming out of the driveway and requested that it be smoothed out.
Mr. Davis stated that Condition No. 16 should be stricken as it does not pertain to this parcel as
originally thought.
City Attorney Garcia stated that the numbering pattern with a duplicate number 19 shall be
numbered 14.5 as in the previous application.
Mr. Davis revised Condition No. 20 as follows:
20) The Applicant shall construct the easternmost driveway of the shopping center to provide a
radius approach. This driveway requires approvals and permits from the Downey Public
Works Department.
20) The Applicant shall provide a curved radius at the western most planter, adjacent to
the exit drive thru lane.
The Commissioners were pleased with the project and said that it was needed in that area, and is an
improvement to south Downey.
It was moved by Commissioner Rodriguez, seconded by Commissioner Owens, and passed by a
vote of 4-0-1 with Commissioner Morales absent, to adopt resolution 15-2912, thereby approving the
requests for a conditional use permit and site plan review (PLN-15-00022), with modified and added
conditions as stated.
NON-AGENDA PUBLIC COMMENTS: None.
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CONSENT CALENDAR ITEMS: None.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at
10:46 p.m., to Wednesday, April 1, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave.
APPROVED AND ADOPTED this 1st day of April, 2015.
Hector Lujan, 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 1st day of April, 2015, by the following vote:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission