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HomeMy WebLinkAboutPC Minutes 04-01-15MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, APRIL 1, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the April 1, 2015, Regular Meeting of the Planning Commission to order at 6:34 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 Jim Rodriguez, District 5 Matias Flores, District 4, Vice Chairman Hector Lujan, District 1, Chairman COMMISSIONERS ABSENT: None. OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette M. Abich Garcia, City Attorney 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: None. PRESENTATIONS: None. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN -15- 00005: Conditional Use Permit).. continued from January 21 2015: Chairman Lujan opened the public hearing for PLN -15- 00005, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request to modify a previously approved conditional use permit No. 274 (Revision "A "), to allow the remodel and expansion of an existing carwash (Sultan Car Wash) located at 8845 Imperial and zoned C -2 (General Commercial). Mr. Nguyen explained that the carwash is under new ownership. The new owners propose to modify the existing mechanical room and the on -site drainage on the parking lot, alter the existing facades, and install a new outdoor vacuum system that consists of 12 vacuums with overhead arch stanchion covers. Mr. Nguyen reviewed the surrounding areas, which include a commercial center and parking lot to the north, a restaurant and professional office building to the west, and commercial properties to the east and across Imperial Highway, with residential property to the north. (Mr. Nguyen reviewed the location of the new vacuum Planning Commission Minutes April 1, 2015 equipment that will be required to have a roof enclosure to mitigate potential noise impacts to the residential neighbors to the north, approximately 180 foot away and separated from the equipment by the adjacent parking lot). Mr. Nguyen stated that staff visited another car wash with a similar system and measured the noise level at 52 decibels at approximately 200 feet away from the equipment, and 81 decibels when standing next to the vacuum; with the residential neighbors 180 feet away, may not hear anything. Mr. Nguyen concluded that the findings can be made in a positive manner and is therefore, recommending approval of the request, subject to the conditions of approval. The Commissioners discussed the following with staff: The neighboring retail shopping center and its current occupants. The material used to cover the vacuum system. The sound level and how it pertained to the neighboring properties. Applicant Andrew Paszterko, 2055 N. Alvarado, Los Angeles, and property owner Edward Oson 1702 N. Tustin, Orange, thanked staff for their cooperation, suggestions, and the idea of a solid masonry enclosure that will make the noise level insignificant. Currently, the vacuums are not covered, but the new vacuum system will be centralized so that the noise generated will take place inside the building. They stated that it is their intention to improve the site and reduce the noise. The Commissioners asked the applicants how many car washes they currently own; how many employees will they have and employee parking; hours of operation and the peak hours; the process for the cars going into the carwash as it pertained to the employees duties and possibility of backing on to Imperial Highway, and if they propose to sell food or others items. Mr. Paszterko and Mr. Oson stated that they own five carwashes that are similar to this location. They are "five and drive" carwashes which are basically self - service carwashes where the customer pays the employee and enters the carwash tunnel, and has the option to utilize the free vacuums; however, many people just drive through the car wash and leave without using the vacuums. The current car wash employed five to six people. With the modifications, the carwash will be operated with only one to two employees. The employees would park in one of the 12 stalls where the vacuums will be located as there is no street parking. The use of the vacuum is unlimited, but is not always utilized by the patrons. The hours of operation are from 8:00 a.m. to 6:00 p.m., seven days a week, with the estimated peak hours from 10:00 a.m. to 4:00 p.m. The only items that will be sold at the carwash are snacks that would be kept in coolers. The carwash takes five minutes and four cars can enter the tunnel at one time. Chairman Lujan asked if staff received any correspondence. Mr. Nguyen stated that a letter was received in the afternoon addressing concerns with the proposal. Secretary Cavanagh distributed the letters to the Commissioners, staff and the applicants. The Commissioners and applicants took a few minutes to review the letter. After reviewing the letter, the Commissioners discussed the concerns addressed in the letter that pertained primarily to the trees abutting the commercial retail center to the east of the property, requesting that the trees be kept at a height below the roof of their building to prevent leaves from -2- Planning Commission Minutes April 1, 2015 collecting on the rooftop and from plugging the rooftop drains. Mr. Oson stated that the existing car wash is in bad shape and they believe that it is important to keep the carwash clean to attract customers. The Commissioners discussed the option to adding a condition requiring that the trees be kept at the level below the height of the neighboring property's rooftop. Staff, including City, Attorney Yvette Abich- Garcia, reviewed options with the Commissioners regarding trimming or replacing the trees; the law as it pertains to trespassing; the height of the trees; options for alternate landscaping; the purpose of the trees as it pertained to the subject site; and the current Condition No. 9 addressing the maintenance of landscape, including the Downey Municipal Code Sections 9520.04 and 5902. Chairman Lujan closed the public hearing. The Commissioners said that they believe this to be a great project and are pleased that the applicants are so willing to work with their neighbors in reducing any issues they might have; together with the conditions in place, making this a good project. It was moved by Vice Chairman Flores and seconded by Commissioner Morales and passed by a 5 -0 vote, to adopt Resolution 15 -2913, thereby approving (PLN -15- 00005) the request for Revision "A" to Conditional Use Permit No. 274 2. PLN -15- 00013: (Zoning Text Amendment): Chairman Lujan opened the public hearing for PLN -15- 00013, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a brief PowerPoint presentation of the request to amend various sections of Article IX of the City of Downey Municipal Code pertaining to wireless communication.facilities in order to bring the City into compliance with the new Federal regulations that will go into effect on April 9, 2015. This will ensure the City will not face any automatic approvals of modifications to wireless communication facilities and allow Staff to review each proposal to determine if it is a 'significant change" to the existing facility. Mr. Blumenthal reviewed the definition of a wireless communication facility as any structure or facility that provides commercial wireless service within the City, which includes antennas, related equipment and the structures they are mounted upon. Under the current Code, a conditional use permit (CUP) is required for all new wireless communication facilities or whenever a modification to an existing facility adds additional antennas. The CUP process allows the City to encourage development of wireless facilities, which provides better cellular service to everyone in Downey, while ensuring that there is no aesthetic impact to the community. Under the new Federal regulations, the City cannot require a CUP, or other discretionary approval for modifications to an existing wireless communication facility, which the modification does not "substantially change" the existing facility. Mr. Blumenthal then reviewed the definition of "substantial change ", and stated that the FCC also clarified that should the City fail to act within the specified time frame on any application for a modification submitted under Section 6409 (a), the application will automatically be deemed approved. Therefore, these requests will be processed over -the- counter, which will allow them into Building and Safety plan check to keep from running into the statutory time limits. As such, based on the analysis contained in the staff report, staff is -3- Planning Commission Minutes April 1, 2015 recommending that the Planning Commission recommend to the City Council, that they approved the Zone Text Amendment with regards to wireless communication facilities. Chairman Lujan closed the public hearing. There were questions by the Commissioners, no correspondence or public speakers. It was moved by Commissioner Morales and seconded by Commissioner Rodriguez, and passed by a 5 -0 vote, to adopt Resolution 15 -2914, thereby recommending the City Council approve the request for a Zone Text Amendment (PLN -15- 00013). NON - AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 3. Approval of the Minutes from March 18, 2015 It was moved by Commissioner Rodriguez, seconded by Vice Chairman Flores, and passed by a 4 -0 -1 vote with Commissioner Morales abstaining, to approve the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director Schindler advised the Commission of the presentation made by the County of Los Angeles of the elaborate, state of the art redesign of the Rancho Los Amigos Rehabilitation Center that will be completed by 2020. The presentation is available for review by visiting the City's website, March 24 City Council meeting. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 7:51 p.m., to Wednesday, April 15, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 15th day of April, 2015. f --Rector Lujan, hairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 15th day of April, 2015, by the following vote: . AYES: COMMISSIONERS: Lujan, Morales, Rodriguez and Owens ABSENT: COMMISSIONERS: Flores ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None ' ✓ City Planning Commission -4-