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HomeMy WebLinkAboutPC Minutes 04-15-15MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, APRIL 15, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the April 15, 2015, Regular Meeting of the Planning Commission to order at 6:35 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 Hector Lujan, District 1, Chairman COMMISSIONERS ABSENT: Matias Flores, District 4, Vice Chairman OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette M. Abich- Garcia, City Attorney Edwin Norris, Deputy Director of Public Works William E. Davis, City Planner Jessica Flores, Associate 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- 00009: (Conditional Use Permit and Site Plan Review): Chairman Lujan opened the public hearing for PLN -15- 00009, and Ms. Cavanagh affirmed proof of publication. Associate Planner Jessica Flores gave a brief PowerPoint presentation of the request to approve a new 880 sq. ft. walk -up /drive -thru coffee shop (Starbucks), including a 195 sq. ft. outdoor seating area. Ms. Flores stated that the conditional use permit is for the drive -thru lane, a minor conditional use permit for the outdoor dining area, and site plan review of the site improvements as required for all new structures. Ms. Flores reviewed the subject site located at 9506 Imperial Hwy. comprised of a 14,246 sq. ft. lot located at the southeast corner of Imperial Hwy. and Bellflower Blvd., and includes an existing 960 sq. ft. automotive mechanic shop in the C -2 (General Commercial) zone. The property is surrounded by multi- tenant commercial and office buildings to the south and southeast, Stox Restaurant immediately to the east, a lot with a vacant gymnasium building across Bellflower Boulevard to the west; Kaiser Permanente medical office buildings are located to the northwest; and a Jack -in- the -Box drive -thru restaurant, multi- tenant, light- manufacturing uses, and Imperial Highway are located to the immediate north. Ms. Flores said that the proposed project meets all requirements for Planning Commission Minutes April 15, 2015 the General Commercial zone and exceeds the parking and landscape requirement, she also reviewed the colors and materials used in the architectural design that are similar to other Starbucks locations, including a drought tolerant landscape. Ms. Flores concluded her report with staff's recommendation to approve the request for a conditional use permit, minor conditional use permit and site plan review (PLN -15- 00009). Applicants Charlie Arbing, Starbucks Real Estate, 17700 new Hope, Suite 200, Fountain Valley, CA, together with Architect Jeff Herbst, Architects Orange, 174 S. Orange St., Orange, CA, addressed the Commission. Mr. Arbing thanked staff for being instrumental in helping them to this point and said that he would be happy to answer any questions that the Commissioners might have. Commissioner Rodriguez disclosed that he visited three of the Starbucks sites and spoke to the employees and discussed their issues with each of the sites as follows: Monday 4/13/15: Orange location — Met with Lucy (Manager) at 11:00 a.m.; Monday 4/13/15: Covina location at 1:30 p.m. — Met with Hilary and Kevin; and Wednesday 4/15/15: Bellflower location at Artesia and Lakewood: Spoke to Mike Hale, one of Starbucks' construction /contractors who was there to work on upgrades for the site. Mr. Arbing stated that they remodel the stores every five years. Commissioner Rodriguez thanked staff for reviewing the plans with him and commented that the other locations did not have a bathroom vestibule, to which Ms. Flores explained that it is a Code requirement that the bathroom must not be visible from the street. Mr. Arbing explained that the plans were revised in order to meet Code requirements; the other locations have a keypad lock for the bathrooms. Commissioner Rodriguez asked staff what is the intent of the design, to which City Planner William Davis stated that the design is due to aesthetics, not for structural reasons as per Municipal Code 9406.8 (g): (g) Restroom Access. All restrooms shall take access from the interior of a building. No exterior access to restrooms shall be permitted. Commissioner Rodriguez commented that the vestibule will create other issues such as transients; the other location managers stated that their locations work well because of the keypad, to which Mr. Arbing stated that they can accommodate this location with a keypad. Commissioner Rodriguez asked for the glass facing the west wall to be clear, to which Mr. Arbing replied, okay. Commissioner Rodriguez asked for a shelf, and clear glass or an access window for visibility of the outdoor area is blocked, asking for clear glass or an access window, and advised the applicants of the complaints of the Covina employee regarding the concrete bumpy flooring. Mr. Herbst explained the structural difficulties in adding the shelf and will look into the window. Mr. Arbing stated that the outdoor flooring is stamped concrete. Commissioner Morales asked what are the hours of operation and the radius, to which Mr. Arbing -2- Planning Commission Minutes April 15, 2015 stated they are open from 4:30 a.m. to 11:30 p.m. and depending on density, they look for a one mile radius. Commissioner Rodriguez expressed his concerns regarding the restricted walkability for patrons coming from the north and west. He suggested that the applicant should create a foot path to prevent patrons from trampling over the landscaping, and striping or walkway to safely guide the pedestrians. Mr. Arbing stated that there is a monument sign on the corner and a hedge that surrounds the drive - thru lane. This three foot hedge is difficult to hop over and it encourages people to take the ADA path into the patio area. Commissioner Rodriguez gave examples of nearby business having the same struggle with trampling the landscaping and discussed options with Mr. Arbing who discussed the changes that would be needed to open a footpath and how it would not be feasible. Ms. Flores added that section 9406.08 (f) (3) of the Municipal Code requires the uninterrupted screening. (3) An uninterrupted screen hedge shall be planted adjacent to and parallel with any drive -thru lane. Said hedge shall be planted and maintained at a height of three (3) feet to three and one - half (3'/2) feet. The hedge shall not be thorny or spiked, and shall not extend over the sidewalk. Ms. Flores explained that the hedge will be three feet high when it is planted and should be filled in at that point, unlike the other sites that had been looked at; this is a requirement of our Code. Commissioner Rodriguez reviewed the pedestrian traffic and the drive -thru traffic paths and requested that there be striping and a small sidewalk area for the pedestrian safety, to which Mr. Arbing agreed to look into. Commissioner Rodriguez expressed employee concerns regarding the interior design of the racks and asked for a chrome divider, to which Mr. Herbst responded that they are thawing racks that are now located on casters. Commissioner Rodriguez discussed: the lighting; removal of the planters against building near the take out window and restroom vestibule to avoid obstruction of view and dead area to replace with additional seating; removal of the bike racks to gain more space for seating; employee parking; and replacing the yellow cats claw landscape screening to be replaced with golden honey suckle. Ms. Flores expressed staff's concern regarding the effect on parking; the Applicant has excess parking and is able to add 170 sq. ft. to eating area. Mr. Arbing agreed to remove the planters and review the current seating plans and bike rack plans, and agreed to add more seating as long as it met with the Code requirements, and also agreed to the use of the Golden Honeysuckle in place of the Yellow Cats Claw. Chairman Lujan thanked Commissioner Rodriguez for his research and thanked the applicants, and stated that we are a friendly city and encourage businesses and appreciate their accepting all of the comments and taking them into consideration, to which Mr. Arbing responded by saying that they are looking for a long -term partnership in Downey. There were no correspondences in favor or against. Speaking in favor: -3- Planning Commission Minutes April 15, 2015 Emery Sipos, 12832 Smallwood Ave, Downey, stated that he resides on the south side of Downey and welcomed Starbucks. Chairman Lujan closed the public hearing. Commissioner Owens welcomed the project and thanked the applicants for considering Downey, and believes that this will be a nice addition to the area. Commissioner Morales said that the proposal was straightforward and the project will be a great improvement; his only concern is the pedestrian access from the south, everything else is ok. Commissioner Rodriguez thanked the applicants for listening and having good solutions and follow up regarding the northbound traffic. He said that he likes the three foot hedge and said that the walk -up and drive -thru is a good concept and great for the community. In addition, he would like to add conditions regarding the roll up door. Chairman Lujan agreed with his fellow Commissioners and said that this project will revitalize the area. City Attorney Yvette Abich- Garcia asked staff for language of the changes discussed and Director Aldo Schindler asked that the applicant be brought forward to review them. Chairman Lujan reopened the public hearing. Commissioner Rodriguez discussed options to increase the outdoor seating area with the applicants and staff by reducing the excess parking and the 11 -ft. landscape planter to add 125 sq. ft. to the seating area. Director Schindler pointed out that this is a busy intersection and the landscaping also serves as a buffer and it should be considered; also keeping in mind that this service model is not a cafe and should stay true to what it is, a drive -thru. Chairman Lujan stated that there are a few Starbucks in the area, and this location is small and does not have a lot of space. Commissioner Rodriguez stated that he believes that this location will be very busy and would like to give the applicant the flexibility to allow them to build up to 320 sq. ft. of dining area should they choose to do so, and added onto the condition that the 5 ft. on the west area also be added. City Attorney Garcia gave the Commissioners direction in adding /amending their questions. Commissioner Rodriguez agreed that the first condition added would be that the outdoor seating area does not exceed 320 sq. ft. Commissioner Morales asked staff, by approving the site plan and giving this flexibility, he wants to be sure that there is flexibility to do so. He continued by saying that when the applicant returns in two months' time, and at that time it is determined that they do need more outdoor seating area and modification of the site plan that we approved, would it have to come back to the Commission, or is it a minor adjustment that can be handled at staff level? City Planner Davis responded that it can be handled at staff level. Director Schindler stated that direction is to give the applicant the flexibility to increase the area as they see fit. So this does not ring as a condition; it's an activity that will occur -4- Planning Commission Minutes April 15, 2015 post - Planning Commission, with the intent to achieve the Commissions' goal. City Attorney Garcia asked Director Schindler to clarify if the condition will be added to give them the flexibility, to which Director Schindler stated that there will be no additional condition, staff, is going to work with the applicant in to see how flexible they can get to increase the seating area at the site. The Commissioners agreed with Director Schindler. City Attorney gave the Commissioners direction regarding adding conditions. Commissioner Rodriguez stated that he would like the first added condition to be that the Applicant shall remove the planters adjacent to the north end of the property adjacent to the building. Ms. Flores clarified that the planters will be removed and replaced with concrete. Commissioner Rodriguez stated that the green screening should be conditioned, to which Ms. Flores suggested language to say that the green screens were proposed to have three different types of greenery, and can be revised to say that all green screens shall use only the Gold Flame Honeysuckle. Commissioner Rodriguez asked the applicants to create a crosswalk or some type of striping near the pick -up window to guide the pedestrian patrons; however, after reviewing the site plan and the flow of traffic from the drive -thru and take out windows, Mr. Arbing stated that is not a feasible option. Commissioner Morales stated that we cannot direct pedestrians to another property and suggested signage to direct the pedestrians back to Imperial. Commissioner Owens agreed with Commissioner Morales and stated that it cannot work. Mr. Arbing stated that there is nowhere else for people to walk in that area; primary walk up traffic will be coming from the north, someone coming from the south is likely to come down the driveway. Commissioner Rodriguez expressed his concerns in not having the crosswalk for the pedestrian access. Commissioner Morales stated that there is no other solution than to direct pedestrians to Imperial. Chairman Lujan agreed with Commissioner Morales Commissioner Rodriguez discussed the roll up door with staff as City Planner Davis explained that staff is concerned that people may possibly be hiding behind the wing wall which supports the roll up door and asked Mr. Herbst what is the width needed for that wall, to which he responded eight inches City Planner stated that the condition will read that the wing wall supporting the roll up door along the north elevation of the building shall be no greater than eight inches wide. Chairman Lujan closed the public hearing. It was moved by Commissioner Rodriguez, seconded by Commissioner Morales and passed by a vote of 4 -0 -1, with Commissioner Flores absent, to adopt Resolution 15 -2915, thereby approving the request for a conditional use permit, a minor conditional use permit and a site plan review (PLN -15- -5- Planning Commission Minutes April 15, 2015 00009), with the with the amended /added conditions that the applicant shall: 1. Remove the planters adjacent to the north side of the building and replace them with concrete; 2. All green screens shall be planted with Gold Flame Honeysuckle; and 3. The wing wall existing along the north elevation shall not be greater than eight inches wide with the remaining area to be utilized as a roll up door. 2. PLN -15- 00036: (Zoning Text Amendment): Chairman Lujan opened the public hearing for PLN- 15- 00036, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request to operate a 1450 sq. ft. personal fitness studio on property located at 7340 Firestone Blvd, zoned C -2 (General Commercial). Mr. Nguyen reviewed the subject site that is comprised of four commercial buildings (A- D) with property bordering Firestone Blvd, Old River School Rd and Arnett St. The proposed studio would occupy Suite 131 on the easterly side of the first floor of building "A ", with the parking located at the front and is surrounded by commercial uses and multi - family residential development to the south (rear). Mr. Nguyen continued by saying that the 1,450 sq. ft. studio will include a fitness area that the majority of it will be used for exercise equipment and workout stations, a small office and a bathroom. The studio offers training programs and techniques to its members 18 years and above, with seven sessions approximately one hour each per day, with one to four students per session. Mr. Nguyen advised the Commission of an error on page two of the staff report as follows: Each training session lasts about one hour and the applicant estimates a small group of between f6ur one and fours customers per session with only one instructor. Mr. Nguyen stated that music will not be used; therefore, staff does not believe noise will be an issue. The businesses adjacent to the studio are a real estate office to the north and a barber shop to the south. Staff visited the property yesterday and spoke to members of the real estate office staff and they had no issues with the proposed studio. Last year, the Commission approved a similar business at this location in Building B, which was the Brazilian Jiu Jitsu, and there have been no issues with that business. Mr. Nguyen concluded his presentation by saying that based on the information presented, staff was able to make the findings to support the request, and is therefore recommending approval based on the conditions of approval. Commissioner Rodriguez asked Mr. Nguyen if there is a condition that the doors remain closed, to which Mr. Nguyen confirmed by noting that Condition No. 3 requires that the doors remain closed to mitigate the potential for noise. Applicant Cesar Salas, 10007 Downey Ave, Downey CA, stated that he will be the only instructor at the studio providing one -on -one training. There were no questions by the Commissioners, no correspondence or public speakers. Chairman Lujan closed the public hearing. Commissioner Owens said that he is thrilled that another part of the City is being utilized to help citizens to get healthier, or to workout, is being offered here this evening. He called it a great project for us and the area. Commissioner Rodriguez agreed that it's great having the project there and wished Mr. Salas luck. s Planning Commission Minutes April 15, 2015 Commissioner Morales said that any tenant would do wonders at that center and also wished Mr. Salas luck. Chairman Lujan called the project a great project and asset to the City. It was moved by Commissioner Morales, seconded by Commissioner Owens, and passed by a 4 -0 -1 vote, with Commissioner Flores absent, to adopt Resolution No. 15 -2916, thereby approving the request for a Conditional Use Permit (PLN -15- 00036). NON - AGENDA PUBLIC COMMENTS: Emery Sipos, business and property owner of 11104, 11106 and 11108 Downey Ave., appeared before the Planning Commission seeking direction to address the Downtown Downey parking issues. CONSENT CALENDAR ITEMS: 3. Approval of the Minutes from February 18, 2015 4. Approval of the Minutes from April 1, 2015 5. PLN -15 -00057 (General Plan Consistency) A request to find that the purchase of property located at the corner of Lakewood Blvd and Telegraph Road by the City of Downey is consistent with the General Plan. PLN -15 -00059 General Plan Consistency) A request to find that the proposed Bicycle Master Plan is consistent with the General Plan. Commissioner Rodriguez pulled Item No. 6 from the Consent Calendar for discussion. It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 4- 0-1 vote with Vice Chairman Flores absent, to approve the remainder of the Consent Calendar. 6. PLN -15 -00059 (General Plan Consistency) A request to find that the proposed Bicycle Master Plan is consistent with the General Plan. Commissioner Rodriguez said that when the proposal for the Bicycle Master Plan was presented to the Planning Commission, they had mentioned that a traffic study was being done, and asked if it the study had been completed. Deputy Director Norris explained that the traffic study is nearing completion and he expects that it should be complete by next week and the Bicycle Master Plan should be completed in its entirety by the end of the month. He hopes to tentatively schedule it to be presented to the City Council in May, 2015 for adoption. Commissioner Rodriguez and City Attorney Garcia, asked why this item is being brought before the Commission, prior to the completion of the Bicycle Master Plan and traffic study are completed. Deputy Director Norris responded by saying that it was originally anticipated that they would have the document at this time and was a timing discrepancy to present it to the Planning Commission today. Commissioner Rodriguez asked if he can get copies of both the traffic study and the Bicycle Master Plan when they are completed, to which Deputy Director Norris replied yes. Commissioner Rodriguez then replied that he would like a copy of the entire traffic study, not just a summary. -7- Planning Commission Minutes April 15, 2015 It was moved by Commissioner Morales, seconded by Commissioner Owens, and passed by a 4 -0 -1 vote with Vice Chairman Flores absent, to continue PLN -15 -00059 (General Plan Consistency; the request is to find that the proposed Bicycle Master Plan is consistent with the General Plan to a date uncertain and return to the Planning Commission upon completion of the Bicycle Master Plan and a complete copy of the traffic study. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: None. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 8:19 p.m., to Wednesday, May 06, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 6th day of May, 2015- Hector Lujan, City Planning Kirman ommission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 6th day of May, 2015, by the following vote: AYES: COMMISSIONERS: Lujan, Morales, ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Flores NOES: COMMISSIONERS: None Rodriguez and Owens Mary Cavanagh, Secreta City Planning Commission