HomeMy WebLinkAboutPC Minutes 05-20-15MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, MAY 20, 2015
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
Chairman Lujan called the May 20, 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 Rodriguez, District 5
Hector Lujan, District 1, Chairman
COMMISSIONERS ABSENT: None.
OTHERS PRESENT: Aldo E. Schindler, Director of Community Development
Michelle Molko, Special Counsel for the City
Edwin Norris, Deputy Director of Public Works
William E. Davis, City Planner
David Blumenthal, Senior Planner
Kevin Nguyen, Assistant Planner
Mary Cavanagh, Secretary
PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS;
AND CONFERENCE /MEETING REPORTS: Commissioner Morales commented on his attendance of
the Contracted Cities Conference.
PRESENTATIONS: None.
REPORT ON CITY COUNCIL ACTION: None.
PUBLIC HEARINGS:
1. PLN -15 -00061 (Conditional Use Permit): Chairman Lujan opened the public hearing for PLN -15-
00061, and Ms. Cavanagh affirmed proof of publication.
Vice Chairman Flores arrived at 6:35 p.m.
Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request by an existing
restaurant (Mariscos Choix) located at 8104 Firestone Blvd, operating with a type 41 (On -Sale Beer &
Wine) Alcoholic Beverage Control license, to include live entertainment (a three -man band aka "Trio ").
Mr. Nguyen explained that the three acoustical musicians will walk around inside the restaurant and
the outdoor patio dining area playing songs without the use of amplified speakers or microphones. Mr.
Nguyen stated that the property is located on the southeast corner of Firestone Blvd. and Myrtle St., in
the Downtown area. He reviewed the surrounding uses, which included commercial uses and a
vacant building next door to the west.
Planning Commission Minutes May 20, 2015
The proposed hours of operation for live entertainment are as follows:.
• Monday through Wednesday: 11:00 a.m. to 11:00 p.m.
• Thursday through Sunday: 11:00 a.m. to 1:00 a.m.
Mr. Nguyen stated staff has considered the potential for noise impacts with the hours as proposed for
live entertainment; therefore, staff added the following condition to address any potential noise
impacts:
• Outdoor dining area: live music to begin at 6:00 p.m. Monday through Friday.
Mr. Nguyen concluded his report by saying that based on the findings contained in the staff report,
staff is recommending approval of the request for live entertainment, subject to the conditions of
approval.
Commissioner Rodriguez inquired as to the location of the restrooms, to which Mr. Nguyen stated that
they are shared with the vacant building to the west joined by a common hallway.
Applicant Raul Gonzalez, 8104 Firestone Blvd., explained that the trio consists of three acoustical
musicians playing instruments strolling through the restaurant and patio. There will be no dance floor,
microphones, stage or amplified music. The musicians are there to create a livelier atmosphere for
the restaurant and the downtown area.
Chairman Lujan asked if there were TV's on the outdoor patio, to which Mr. Gonzalez replied yes;
however, they do not have sound.
Vice Chairman Flores asked Mr. Gonzalez if he agreed to the condition to modify the hours for live
entertainment, to which Mr. Gonzalez affirmed his agreement.
Chairman Lujan closed the public hearing.
The Commissioners thanked staff for a nice straightforward presentation and said that the location
needed more energy and the project was conditioned well. They commended the applicant for the
improvements that he has made to the location and believe that the music will create a good vibe for
the foot traffic and wished the applicant success.
It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a
vote of 5 -0, to adopt Resolution 15 -2920, thereby approving the request for a conditional use permit
(PLN -15- 00061).
2. PLN -15 -00079 (Special Event Permit): Chairman Lujan opened the public hearing for PLN -15-
00079, and Ms. Cavanagh affirmed proof of publication.
City Planner William Davis gave a brief PowerPoint presentation of the request for a special event
permit by the Greek Orthodox Church, located at 10830 -10846 Downey Ave, and zoned Downtown
Downey Specific Plan. Mr. Davis stated that this is an annual event that has been taking place in
Downey since 1984. The church will conduct their annual two -day Greek Festival on Saturday and
Sunday, June 6 and 7, from 11:00 a.m. to 10:00 p.m. in the parking lot of the church. Mr. Davis stated
that the church is surrounded by residential uses within the Downtown Specific Plan area. As in
previous years, the church has submitted letters of permission from the Downey United Methodist
-2-
Planning Commission Minutes
May 20, 2015
Church and First Baptist Church to utilize their parking lots on both days, which will provide over 180
parking spaces. Mr. Davis reviewed the site plan, which included a kid's zone, various food booths, a
stage with live music and a beer & wine garden that is quarantined, with ample security for the event.
Mr. Davis said that this is a fundraiser for the church, a positive event that participants look forward to
every year, and one that staff always supports. As such staff is recommending approval of the request
for a special event permit.
The applicant was not present to address the Planning Commission.
The Commissioners reviewed the conditions regarding security with staff and asked how the event
affects the Farmers Market on Saturdays. Director of Community Development Aldo Schindler
responded by saying that he hasn't heard of any conflicts; both seem to run status quo.
Chairman Lujan closed the public hearing.
The Commissioners congratulated the church on the 31 years for the event and called it one of their
favorite events. They said that there is a lot of energy with the event and the Farmer's Market running
together and commented that they seem to feed off of each other; the security is good and it has great
food, great music and is a great time.
It was moved by Commissioner Rodriguez, seconded by Commissioner Owens, and passed by a 5 -0
vote, to adopt Resolution No. 15 -2921, to approve the request for a Special Event Permit (PLN -15-
00079).
3. PLN -14 -00239 (Mitigated Negative Declaration Site Plan Review and Conditional Use
Permit): Chairman Lujan opened the public hearing for PLN -14- 00239, and Ms. Cavanagh affirmed
proof of publication.
Senior Planner David Blumenthal distributed the materials board to the Commissioners for review and
gave a PowerPoint presentation for the proposed retail use at 9516 Lakewood Blvd. described as The
Commons at Gallatin Road. Mr. Blumenthal reviewed the surrounding commercial and residential
uses, zoning, and the characteristics of the property under its previous use as a Ford dealership
constructed in 1959. The applicant is proposing to demolish the existing building and develop a new
commercial development: a 12,000 sq. ft. restaurant; a 6,000 sq. ft. building; 4,000 sq. ft. outdoor
common dining area; a drive -thru lane for one tenant with the ability to cue up to 11 cars; and
distributed parking throughout the site. Mr. Blumenthal reviewed the contemporary design with a
tower and wainscot, stucco finish, stone veneer, with cornice along the roof and red fabric awnings
over the windows. Mr. Blumenthal commented that there will be a lot of windows to energize the site.
An architectural peer review was performed by Studio 111; they were pleased with proposed
renderings of the building, and commented that the trees with the outdoor seating gives a home feel to
it. Their only suggestions were minor changes to landscaping, suggesting the use of privet hedges as
screening walls. The landscape plans include two types of trees that can reach up to 30' foot growth at
maturity, with a canopy that can be trimmed and cleaned. The majority of the landscaping is drought
tolerant with mitigated measures to use recycled water.
Commissioner Rodriguez inquired about the trash enclosure, to which Mr. Blumenthal responded by
saying that it is a standard trash enclosure with an arched roof for storm water run -off to match to
building design.
-3-
Planning Commission Minutes
May 20, 2015
Mr. Blumenthal reviewed the mitigation measures to control utilities air quality, and noise. Although
the City Code allows construction activity seven (7) days a week from 7:00 a.m. to 9:00 p.m., staff has
placed a condition that the hours of construction shall be Monday through Friday from 7:00 a.m. to
7:00 p.m., and Saturday from 8:00 a.m. to 5:00 p.m., with no construction on Sundays.
Commissioner Rodriguez asked if the trucks were not allowed to remain idling only during construction
or at all times, to which Mr. Blumenthal clarified that it is at all times; although refrigeration trucks must
keep the refrigeration portion on.
Applicant Mathew Rodman, Furst Enterprises, 8955 National Blvd., Los Angeles, stated that he is very
excited about this project that has been a labor of love. He said that he has worked together with the
Planning Department to make it beautiful and is providing more than what is required by the City.
Vice Chairman Flores asked Mr. Rodman why the buildings are located further away from the street,
to which Mr. Rodman explained that most retailers prefer the parking upfront so that customers can
see that parking is available; if there is no visible parking, the customers interpret it as there is no
parking and continue on. Mr. Rodman stated that they also own the Ralph's shopping center across
the street and are nearing completion of the McDonalds at that location.
Vice Chairman Flores commented that as you travel on Lakewood Blvd, the project will show more
concrete and he would prefer to see the buildings. Mr. Rodman stated that moving the buildings
closer to the street will not give the restaurant the opportunity to do well and there will be a lot of
landscape to hide the asphalt.
Commissioner Rodriguez asked for an awning to be placed over the drive -thru lane, to which Mr.
Rodman stated that it was not proposed, but there could be a small awning to tie into the building.
Vice Chairman Flores asked Mr. Rodman if they had prospective tenants, to which he replied, yes;
however, it is policy not to discuss them until terms are finalized.
Commissioner Rodriguez asked is there are any challenges with the proposed drive -thru window
exiting Lakewood Blvd, to which Mr. Rodman replied that the radius is ample, and comfortable upon
exiting; both driveways exiting Lakewood Blvd. are right -turn only.
Commissioner Owens asked if there is any conflict with McDonald's being located on the opposite side
of the street, to which Mr. Blumenthal stated that the Traffic Engineer was okay with the design.
Mr. Blumenthal stated that there has been no written correspondence regarding this project; however,
he did speak to someone at the counter.
Dolores Thompson, 8540 Raviller Drive, stated that the business coming into Downey is good;
however, she is concerned that the already congested traffic that occurs traveling east on Gallatin
Road will be increased with this new development, especially at the intersection of Lakewood Blvd.
and Gallatin Road. Mrs. Thompson explained how the traffic backs up due to the school and other
uses at the intersection with only one left turn lane and the difficulties heading east on Gallatin Rd.
with drivers turning left to go to McDonalds.
-4-
Planning Commission Minutes
May 20, 2015
Mr. Blumenthal McDonald's has been remodeled to relieve some of the congestion by adding two
drive -thru lanes and order board. The drive -thru at the new development should not impact the
intersection as it will have a cueing capacity to hold 11 cars. This will relieve the eastbound traffic.
There will also be a new left turn late to turn into McDonald's and should be done in the next few
weeks.
Chairman Lujan stated that his lives near a school and works for a school, and commented that no
matter what you do, there will always be traffic around schools.
Mr. Blumenthal explained will be further changes to relieve traffic such as doubling left turn lanes onto
Lakewood Blvd. and a three -phase traffic signal.
Randy Thompson, 8540 Raviller Drive, stated that the traffic is already congested with the new
townhomes and the school, and with this new development and rumors of a Golden Corral, it will need
a lot of parking and believes the drive -thru to be inadequate.
Mr. Blumenthal stated that the three phase signal and the timing of each phase would help, to which
Mr. Thompson said that he did not agree and gave examples of current morning traffic congestion and
gave an example of what he called a poorly designed drive -thru Starbucks at Lakewood and Florence
Ave.
Mr. Rodman responded by saying that the project is supplying more parking than what is required and
more space in the drive -thru lane also. The benefits of owning three of the four corners of the
intersection is that they can make improvements that will benefit all corners of the intersection and it
will also benefit the community as well. He noted that most of the traffic from the school will occur
before the restaurant traffic.
Chairman Lujan closed the public hearing.
Mr. Blumenthal stated that based on the findings in the staff report, staff is recommending adoption of
the Mitigated Negative Declaration and approval of the Conditional Use Permit and Site Plan Review.
Vice Chairman Flores commented that aesthetically, he prefers to have the buildings to be closer to
the street; however, he is satisfied with the applicant's explanation. He said that he lives in the area,
travels that intersection, and understands the congestion and he has already noticed improvements
traveling on Lakewood Blvd. In response to the aforementioned Starbucks, he said, although it is
difficult to get around in the parking lot, the drive -thru never backs out onto the street and he believes
that the eastbound traffic on Gallatin will be mitigated by the proposed designs.
Commissioner Morales asked when the intersection improvements will be completed, to which Mr.
Blumenthal stated that they are tied into the project across the street.
Commissioner Morales said that he the left turn movements into the Ralph's Center will be problematic
traveling south on Lakewood Blvd and he prefers that improvements are completed before the second
project is done.
Commissioner Rodriguez asked if barrier lines can be added to the 2nd driveway to redirect traffic
away from the westerly driveway, to which Mr. Blumenthal stated that it has been done in other cities
-5-
Planning Commission Minutes
May 20, 2015
and there is nothing in the Code to prevent them from doing so and knowing this owner as he does, he
believes that the owner would do something to address the issue.
Commissioner Owens gave examples in the City of Pasadena where businesses have signs for
people visiting not to block the intersection.
Commissioner Rodriguez said that he is impressed by the project, he likes the setback of the building,
landscaping, trees, lighting and the outdoor dining area are well designed; however, he is concerned
with the right -turn movements exiting onto Lakewood Blvd. and asked for a stop sign at the exit and an
awning above the drive -thru window.
Director Schindler suggested a stop sign similar to that of Chik -Fil -A and metal awning at the drive -thru
window for protection from the elements.
Commissioner Morales asked if there was a sign program to which Mr. Blumenthal stated that there is
a draft for one.
Chairman Lujan thanked that the applicant and the neighbors for their attendance and comments.
Mr. Blumenthal stated that the following conditions will be added as discussed and numbered in
sequential order.
21) A metal awning shall be provided above the drive -thru pick -up window.
22) A stop sign and limit line shall be provided at the exit of the drive -thru lane.
It was moved by Commissioner Rodriguez, seconded by Commissioner Morales and passed by a 5 -0
vote, to adopt Resolution No. 15 -2922, thereby adopting the Mitigated Negative Declaration and
approving the Site Plan Review and Conditional Use Permit (PLN -14- 00239) applications.
4. PLN -14 -00240 (Mitigated Negative Declaration, Site Plan Review and Conditional Use
Permit): Chairman Lujan opened the public hearing for PLN -14- 00240, and Ms. Cavanagh affirmed
proof of publication.
Senior Planner David Blumenthal distributed the materials board to the Commissioners for review and
gave a PowerPoint presentation for the proposed retail use described as the Downey Crossroads at
9515 Lakewood Blvd. Mr. Blumenthal stated that the site was previously a Lincoln Mercury dealership
that closed in 2009 and has since remained vacant. The subject site consist of 57,000 sq. ft. of floor
area, which the applicant proposes to demolish and renovate 29,000 sq. ft. of the existing building(s)
for a proposed gym, while the remainder can be used for retail uses. The proposal includes a 3,000
sq. ft. restaurant. Mr. Blumenthal reviewed the project design, including the peer review.
Commissioner Rodriguez asked why they chose the proposed colors (purple), to which Mr. Blumenthal
explained that they are the corporate colors for Planet Fitness, and continued by reviewing the
parking, landscaping, and mitigation measures regarding traffic.
Vice Chairman Flores asked if both sites will be constructed at the same time, to which Mr. Blumenthal
deferred the question to the applicant.
Ka
Planning Commission Minutes
May 20, 2015
Commissioner Rodriguez asked who pays for street lights and inquired as to traffic grade the
intersection. Mr. Blumenthal advised that the applicant will pay for the traffic enhancements and
reviewed the results of the traffic study that was done for the project.
Deputy Director of Public Works Edwin Norris clarified that the left turn lanes do not reduce the traffic,
they reduce the cueing.
Applicant Mathew Rodman stated that he is pleased to have adaptive re -use of the site and discussed
parking and landscaping in excess of Code requirements and peer review. There are no windows
facing the residential neighbors to keep noise volumes to zero. They will begin traffic mitigation
measures up front after receiving permits from the building department for both projects, which will
occur concurrently with an estimated completion date of 2016.
Commissioner Morales asked why the applicant chose to demolish a portion of the building and keep
the remainder, to which Mr. Rodman explained that they reused the portion that was structurally sound
and in excellent condition. The decision to split the buildings also encourages people visiting the gym
to park on the Gallatin side of the parking lot.
Mr. Blumenthal stated that there has been no correspondence regarding this project.
Dolores and Randy Thompson, 8540 Raviller Drive, thanked the applicant for his sensitivity to the
residential neighbors and drew staff's attention to the curved wall at the rear of the project that abuts
Raviller and Birchdale. Mrs. Thompson expressed her concerns that the height of the wall was low
enough that people may park on the residential street and jump over the wall. Mr. Thompson said that
the wall is 5'4" and there is not enough parking there for a gym.
Mr. Blumenthal stated that the traffic study looked at the access /egress and did not reveal any
concerns.
Mr. Rodman advised the Thompson's that he is willing to increase the height of the fence and provide
additional landscape screening, per Downey Fire Department requirements.
Chairman Lujan closed the public hearing.
Mr. Blumenthal stated that based on the findings in the staff report, staff is recommending adoption of
the Mitigated Negative Declaration and approval of the Conditional Use Permit and Site Plan Review.
The Commissioners said that the project was well done, the Applicant did a good job in utilizing the
existing buildings on site, thanked the applicant and appreciated the traffic issues being addressed,
and thanked residents for their participation.
It was moved by Commissioner Rodriguez, seconded by Commissioner Morales and passed by a 5 -0
vote, to adopt Resolution No. 15 -2923, thereby adopting the Mitigated Negative Declaration and
approving the request(s) for a Site Plan Review and Conditional Use Permit (PLN -14- 00240).
NON- AGENDA PUBLIC COMMENTS: None.
-7-
Planning Commission Minutes May 20, 2015
CONSENT CALENDAR ITEMS:
5. Approval of the Minutes from May 6, 2015
It was moved by Commissioner Morales, seconded by Vice Chairman Flores, and passed by a 5 -0
vote, to approve the Consent Calendar.
OTHER BUSINESS: None.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at
9:04 p.m., to Wednesday, June 3, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave.
APPROVED AND ADOPTED this 3`d day of June, 2 ^I�
City Planning Commission
HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the
Planning Commission held on the 3`d day of June, 2015, by the following vote:
AYES:
COMMISSIONERS:
Lujan, Flores, Morales, Rodriguez and Owens
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
NOES:
COMMISSIONERS:
None
Mary C vanagh, Secreta
City Planning Commission