HomeMy WebLinkAbout5. PC Draft Minutes - 05-06-15
DRAFT MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, MAY 6, 2015
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
Chairman Lujan called the May 6, 2015, Regular Meeting of the Planning Commission to order at
6:33 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
Louis Morales, District 3
Matias Flores, District 4, Vice Chairman
Jim Rodríguez, District 5
Hector Lujan, District 1, Chairman
COMMISSIONERS ABSENT: None.
OTHERS PRESENT: Aldo E. Schindler, Director of Community Development
Katrina Julian, Municipal Law Clerk
William E. Davis, City Planner
Kevin Nguyen, Assistant Planner
Mary Cavanagh, Secretary
PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS;
AND CONFERENCE/MEETING REPORTS: Commissioner Owens commented on his attendance
at the April 22, 2015 Town Hall Meeting hosted by Councilman Sean Ashton. Vice Chairman
Flores commented on his attendance of the District 4 Neighborhood Watch Committee meeting,
together with Councilmen Vasquez and Saab, members of the Downey Police Department and
members of the community. Commissioner Morales commented on the monthly G.O.O.D. (Gangs
Out Of Downey) meeting, and invited everyone to attend the Kids Day event on Saturday May 9,
2015, at Apollo Park, hosted by G.O.O.D. Councilman Rodriguez asked for the meeting to be
adjourned in memory of the former Mayor Bob Winningham, who passed away recently.
PRESENTATIONS: None.
REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo Schindler
reported that the City Council approved two items: The sale of the residential property located at
9010 Buhman Ave., and the Code amendment for wireless communication facilities.
PUBLIC HEARINGS:
1. PLN-15-00048: (Revision to a Conditional Use Permit): Chairman Lujan opened the public
hearing for PLN-15-00048, and Ms. Cavanagh affirmed proof of publication.
Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request for Revision
‘A’ to Conditional Use Permit No.13-00255, which allowed a boxing club on property located at
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12145 Paramount Blvd. Mr. Nguyen stated that the applicant is requesting to modify the
conditional use permit to allow a similar use, a mixed martial arts studio (King Cobra MMA)
instead. The subject site consists of a 2,400 sq. ft. space in a small shopping center zoned C-2
(General Commercial). It is surrounded by retail buildings to the north, south and east side of
Paramount Blvd, and residential neighbors to the west. The shopping center is separated from
the residential neighbors by a 20’ wide alley that provides vehicular access to the parking lot. Mr.
Nguyen stated that over the years, the City has granted other entitlements on the subject property
such as, a personal fitness studio at 12143 Paramount Blvd and the boxing gym at the subject site
that for unknown reasons, never opened. The proposed martial arts studio offers Brazilian Jiu
Jitsu and Muay Thai to its members who range in age from four years old to adult. The applicant
estimates 25 members per session, with five (5) one and one-half hour sessions daily. The gym
will be open Monday through Friday, and closed on Saturday and Sunday. The proposed hours of
operation are as follows:
• Monday through Thursday: 10:30 a.m. to 1:00 p.m. and 5:00 p.m. to 9:00 p.m.
• Friday: 10:30 a.m. to 1:00 p.m. and 3:00 p.m. to 4:30 p.m.
Mr. Nguyen stated that the proposed studio will play music from a compact disc boom box player,
not a loud sound system. Staff recognizes the potential to create noise that could impact the
residential neighbors; therefore, Condition No. 7 of Resolution No. 2866 (for PLN-13-00255) will
remain in effect to mitigate noise impacts, together will all other conditions, with the exception of
Condition No(s) 1,2, and 5, which will be removed and replaced with new conditions for PLN-15-
00048. Based on the findings as stated in the staff report, staff is recommending that the Planning
Commission adopt a resolution approving PLN-15-00048, subject to conditions of approval.
The Commissioners reviewed the hours of operation for the new application, as compared to that
of the previous applicant, which was to be open seven (7) days a week, and the revised conditions
with staff.
Applicant Jessica Lycans-Roy, 12145 Paramount Blvd. stated that she and her husband assisted
in opening another gym in Long Beach; however, this will be the first gym that they own.
Chairman Lujan asked staff if there was any correspondence in favor or against the application.
Mr. Nguyen stated that he had received a phone call from Catherine Waters expressing her
concern with potential noise from the studio and traffic from the alley, as she expressed during the
previous meeting.
Chairman Lujan closed the public hearing.
The Commissioners said that this was a straight forward application, the hours of operation will be
less than the previous request, and they are pleased that the area will have another business to
help citizens get healthy.
It was moved by Commissioner Morales Rodriguez, seconded by Commissioner Morales and
passed by a vote of 5-0, to adopt Resolution 15-2918, thereby approving the request for Revision
‘A’ to a conditional use permit (PLN-15-00048).
2. PLN-15-00053: (Special Event Permit): Chairman Lujan opened the public hearing for PLN-
15-00053, and Ms. Cavanagh affirmed proof of publication.
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City Planner William Davis gave a PowerPoint presentation of the request by Downey High School
Band Boosters to conduct a four day carnival on May 22 through May 25, 2015, on the southerly
parking lot of the high school, located at 11040 Brookshire Ave. The event includes carnival rides,
carnival music, game booths and food sales as a fundraising event to benefit the band, color
guard and football programs. The event does not propose live music, only music associated with
carnival rides and a generator located facing Firestone Blvd to avoid potential noise impacts. Mr.
Davis reviewed the parking and surrounding area, which includes residential neighbors to the
north, retail uses on the south side of Firestone Blvd., office buildings and single-family dwellings
to the east, and the Civic Center to the west.
The hours of operation, set-up and clean-up are as follows:
• Wednesday, May 20, 2015: Set-up will begin after school lets out.
• Friday, May 22, 2015: 5:00 p.m. to 11:00 p.m.
• Saturday, May 23, 2015 and Sunday May 24, 2015: 1:00 p.m. to 11:00 p.m.
• Monday, May 25, 2015 (Memorial Day):1:00 p.m. to 10:00 p.m. (street sweeping is
required to begin in the school parking lots Monday night).
Mr. Davis noted that this is the third consecutive year for the carnival event, and staff has received
reports from the Downey Police Department that several fights occurred at the carnival last year,
which they attributed to a lack of sufficient security personnel and a lack of security planning. As a
result, the Downey Police Department has given several conditions of approval to address these
concerns.
The Commissioners reviewed the following with staff:
• The security requirements for last years’ event that did not require Police presence and
compared them to the current applications security requirements that include a security
plan and Police presence.
• The number and intensity of the fights that occurred at the event.
Lieutenant Leslie Murray and Police Sergeant Vincent Rosario, Downey Police Department,
reviewed the occurrences during the 2014, event and the conditions of approval to address the
security issues. Those issues include a security plan, increased number of security guards to six
(6) unarmed guards and one armed guard, and bright visible uniforms to quickly identity the
security personnel. Last year, officers reported that it was difficult to identify the security
personnel in the crowd, and the significance of the seriousness of the crimes.
Lieutenant Murray expressed the importance of a bright, identifiable security uniform to locate the
security guards in a large crowd and gave examples of the Stonewood Mall Security that uses
very bright yellow shirts to help them to stand out.
The Commissioners discussed the requirement for police presence (2 officers) and the security
plan with Lieutenant Murray and Sergeant Rosario.
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Applicant Debra New, 13656 Bixler Avenue, stated that she is the Vice President of the Downey
High School Band Boosters. She was present during last years’ event, every day, all day until
approximately 1:00 to 2:00 a.m. Ms. New expressed her concern that she was only made aware
of three incidences that never made it to the carnival site and they were with adolescents that
were not students of the school. She said that she was also concerned that she was not notified
by the Downey Police Department of the incidents mentioned. Ms. New reviewed the process and
her whereabouts and that of the security guards for last years’ event (RMI International Security),
which included four officers, with only one armed officer who escorted her to and from the ticket
booths to the money counting trailer.
Commissioner Rodriguez read the minutes from the 2014 event that required six (6) unarmed
security guards, plus one armed security guard, to which Ms. New stated that they had the six (6)
plus one (1) as required from 1800 hours to 2300 hours.
The Commissioners discussed options for different of additional school security with Ms. New.
Speaking in favor:
Shawnee Hinchman [sic], 11103 Marbel Ave, spoke in favor of the event, and expressed her
concern with traffic on Marbel during the event. Mrs. Hinchman stated that she is representing her
family and the neighbors on her street who were in the audience. She said that they have
experienced an increase of traffic on Marbel Ave, by approximately 30% since the opening of the
restaurants on Firestone Blvd, and explained how the increased flow of traffic is affecting her
family and her neighbors. Mrs. Hinchman stated that during these events, because her street is
near the fence of the high school, they also have problems with kids jumping the fence and people
causing problems with parking and driving on her street, requesting assistance from staff for
conditions to address the issues created by the event, such as parking and increased traffic.
The Commissioners and staff reviewed Mrs. Hinchman suggestions; however, they determined
that reaching a solution would ultimately require City Council approval to address the parking
issues.
Applicant Debra New responded by saying that she understands the traffic issues described by
Mrs. Hinchman and will speak to the Vice Principal of the school to look into some type of security
measure to address the neighbors issues; preferably a security guard or police officer.
Chairman Lujan closed the public hearing.
The Commissioners stated that they were in favor of the event; however, they were concerned
with the safety issues as mentioned by the Downey Police Department and the issues presented
regarding the Marbel Ave residents. They discussed options to resolve all of the issues at length
with staff and Lt. Murray. After reviewing each of Mrs. Hinchman’s suggestions, they found that
the options presented would create new traffic issues, and some of the requests would ultimately
require City Council approval for street closures and permit parking and redirection of traffic on
Marbel Ave. Lt. Murray stated that she feels confident that she can work with the applicant to
address the concerns presented.
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City Planner Davis stated that the suggestion made by Commissioner Rodriguez during the
Commissioner discussion was a possibility and suggested adding the following condition:
26a. The security plan shall include provisions to address traffic control issues on
Marbel Ave. Said traffic control measures shall be subject to the approval of the
Director of Public Works.
Chairman Lujan reopened the public hearing.
Applicant Debra New stated that she discussed opening the gate with the Marbel Ave residents
and found that it would make matters worse and offered several suggestions that had already
been discussed. Ms. New stated that she is currently sending messages to school officials to
request extra security, and approved of the added condition.
Jesse Hinchman, 11103 Marbel Ave, stated that he is in favor of the carnival; however, there is
one more problem with the trash left behind after the events. He said that there will be people
parking on their street, drinking and trash. He said that he is an off duty LAPD officer and finds
that there are a lot of security issues on the street. His only issues are the traffic and the lack of
lighting, which attracts people to park on the street and drink or do drugs. He would appreciate it
if the Planning Commission can detour the traffic.
Applicant Debra New offered to place signs that say no carnival parking.
Chairman Lujan asked Mrs. New to make sure that they do their due diligence by adding Marbel
Ave to their streets to keep clean during the event. She agreed and offered to give the Marbel
residents her cell phone number to contact her if necessary.
City Planner Davis stated that Condition No. 5 already addresses this issue.
It was moved by Commissioner Rodriguez, seconded by Commissioner Morales and passed by a
5-0 vote, to adopt Resolution No. 15-2919, with the addition of Condition No. 26 a., thereby
approving the request for a Special Event Permit (PLN-15-00053).
NON-AGENDA PUBLIC COMMENTS: None.
CONSENT CALENDAR ITEMS:
3. Approval of the Minutes from April 15, 2015
It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a
4-0-1 vote with Vice Chairman Flores abstaining, to approve the Consent Calendar.
OTHER BUSINESS: Commissioner Rodriguez thanked Secretary Cavanagh for delivering their
Planning Commission packets before each meeting.
STAFF MEMBER COMMENTS: Director Schindler stated that the City recently instituted the
online water bill payment process that is now in operation and the recently implemented online
business license program is undergoing quality control to work out the bugs for the application
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process. Also, staff is following direction from City Council to improve and enhance the section of
the City Code regarding drought tolerant landscaping.
ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at
8:19 p.m., to Wednesday, May 20, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave.
APPROVED AND ADOPTED this 20th day of May, 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 20th day of May, 2015, by the following vote:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission