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HomeMy WebLinkAbout2. PC Draft Minutes - 07-01-15 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JULY 1, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the July 1, 2015, Regular Meeting of the Planning Commission to order at 6:36 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 Yvette Abich Garcia, City Attorney David Blumenthal, Senior Planner Jessica Flores, Associate Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Commissioner Owens and Chairman Lujan commented on their attendance of the June 24th roof top community concert and the Irish theme for the upcoming July 22, 2015 Special Olympics ceremony. They also mentioned that Downey will serve as a host town for the team from Ireland. Commissioner Morales acknowledged Mr. Ricardo Perez, a resident who was recognized for an article he wrote, and congratulated him on behalf of the people in the 3rd District. PRESENTATIONS: None. CHANGES TO THE AGENDA: Chairman Lujan called for any changes to the Agenda, to which Director of Community Development Aldo Schindler requested that item No. 5 of the Consent Calendar be continued to allow staff time to make some corrections on the report. 5. Approve and forward to City Council the 2014 General Plan Annual Report (PLN-15-00121) It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 5-0 vote, to continue PLN-15-00121. REPORT ON CITY COUNCIL ACTION: Director Schindler reported that the City Council approved the lease with AT&T cell towers at Discovery Park that was approved by the Planning Commission in March, 2014. He also discussed a second item regarding off-site parking agreements within the downtown; the Council gave direction to look at increasing the radius that is required for those off-site facility agreements, and to look at ways for removing the provision of having the agreement tied to title. Planning Commission Minutes July 1, 2015 - 2 - PUBLIC HEARINGS: 1. PLN-15-00100 (Conditional Use Permit): Chairman Lujan opened the public hearing for PLN-15- 00100, and Ms. Cavanagh affirmed proof of publication. Associate Planner Jessica Flores gave a PowerPoint presentation of the request by BevMo for approval of a conditional use permit to sell alcoholic beverages for off-site consumption and conduct to educational alcohol tastings at a retail store, located at 8530 Firestone Blvd., Suite 102 and zoned C-2 (General Commercial). Ms. Flores reviewed the subject site, which is comprised of two parcels totaling 2. 7 acres, and located at the southeast corner of Firestone Boulevard and Brookshire Avenue. The property contains two multi-tenant buildings: Building A, which is made up of 5,700 sq. ft. and includes three tenant spaces, and Building B, which contains 20,040 sq. ft. and is also comprised of three tenant spaces, a medical use, training center and vacant space. Ms. Flores stated that the applicant (BevMo) proposes to operate a retail store within the 8,141 sq. ft. tenant space within Building “B” at the subject site that specializes in the sale of various types of alcoholic beverages, gourmet food and related items such as glassware and wine accessories, etc. BevMo is requesting a conditional use permit for the three types of Alcoholic Beverage Control (ABC) licenses, which will allow for the sale of alcoholic beverages for off-site consumption and to conduct educational alcohol tastings within the confines of their tenant space. BevMo proposes to obtain the following licenses from ABC: 1. Type 21 (Off-Sale General) to allow the sale of alcoholic beverages for off-site consumption; 2. Type 42 (On-Sale Beer and Wine, Public Premise) to allow educational beer and wine tastings; and 3. Type 86 (Instructional Tasting License) to allow educational spirits tastings. Ms. Flores reviewed the concerns of the Police Department with the location of the store being across the street from a high school. As such, a condition was added that minors must be accompanied by an adult. Standard conditions of approval were incorporated for Planning, Building & Safety, Fire and Public Works. The applicant also proposed mitigation measures that are currently implemented at the company’s existing locations to eliminate any potential issues. Ms. Flores stated that staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-15-00100, subject to conditions of approval. Chairman Lujan called for disclosures: None of the Commissioners responded. Applicant, Liz Zaninovich, BevMo Store Development, 1401 Willowpass Rd., Concord, CA, thanked staff and stated that she agreed with staff’s report and the conditions of approval. The Commissioners questioned the following aspects of the proposal: 1. Will there be someone at the door to card minors? 2. What are the TV’s used for? 3. What is the process for the tasting? 4. If cigars are being sold, will they be selling electronic vapor cigarette products or have smoking areas for the cigars? Planning Commission Minutes July 1, 2015 - 3 - Ms. Zaninovich explained that there will be at least one staff member at the front door, as well as staff who will watch for the minors, while stocking and roaming the store. She made note that their policy is so strict that non-alcoholic beverages cannot be purchased by a minor. The TV’s are used for educational purposes for products only. The Spirit tastings fall under the ABC Type 42 license, which requires them to advertise and charge a fee, and the tastings offered are ¾ ounce size. The ABC Type 86 license requires that a distillery representative is present on the sales floor once a week. In regard to smoking, there are no smoking areas for the cigar sales. Seeing there was no further testimony, Chairman Lujan closed the public hearing. The Commissioners stated that their concerns were addressed by both staff and the applicant; the project looks good, and welcomed BevMo to Downey. It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a vote, to adopt Resolution 15-2926, thereby approving the request for a Conditional Use Permit (PLN- 15-00100). 2. PLN-15-00065 (Conditional Use Permit): Chairman Lujan opened the public hearing for PLN-15- 00065, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a PowerPoint presentation of the request to operate an automotive exporter/wholesaler business, on property located at 11911 Woodruff Ave., and zoned M-2 (General Manufacturing) and P-B (Parking Buffer). Senior Planer Blumenthal reviewed the subject site located at the southwest corner of Woodruff Ave and Stewart & Gray Rd, which consists of two parcels. The first parcel is located on the southwest corner of Woodruff Ave. and Stewart & Gray Rd., and is currently improved with a 12,800 sq. ft. storage building that was previously used by a shipping firm, which also maintains a 1,200 sq. ft. storage building, and an exterior storage dock that is accessible from Stewart & Gray Rd. The second parcel is approximately 55,000 sq. ft. and includes a vacated railroad right-of-way that is 50’ wide and extends from Woodruff Ave. approximately 1,100’ west, behind the businesses facing Stewart & Gray Rd. Both parcels are zoned M-2 (General Manufacturing), except the eastern 30’ (adjacent to Woodruff Ave), which is zoned P-B (Parking Buffer). Senior Planner Blumenthal stated that the applicant will purchase used cars through auctions and the cars will be stored in the old right-of-way area until the title clears with the Department of Motor Vehicles. Once the title clears, they will be loaded into cargo containers and taken out to be shipped overseas. In addition, the applicant will be purchasing insurance cars; they will be doing some dismantling of the cars and selling the parts from those cars either locally or overseas. Mr. Blumenthal reviewed the parcel outline and said that the applicant is proposing to construct a 10’ tall metal fence to screen the dismantled vehicles; staff has recommended a condition of approval that requires this new fence to be solid to provide proper screening of parts stored on site so as not to be visible from the public right-of-way. Additionally, staff has also conditioned that customers would not be able to pull/remove parts directly from the vehicles. Mr. Blumenthal stated that because vehicle sales are inherent to this application and the subject site is not zoned for used car sales, staff is also recommending a condition of approval that cars cannot be displayed for sale, and there shall be no signs on cars for sale; this is to prevent the site from becoming a used car lot, by not allowing people to come and shop for cars. Planning Commission Minutes July 1, 2015 - 4 - Senior Planner Blumenthal reviewed the concerns presented by the other departments during the Design Review Committee and discussed the conditions of approval that were added to address Stormwater runoff, traffic concerns, hazardous material disposal and fire department access. Commissioner Rodriguez asked if the applicant would be allowed to wash the vehicles, to which Mr. Blumenthal stated that if the applicant were to wash the vehicles, he would have to comply with Stormwater runoff requirements and all current codes. Chairman Lujan called for disclosures: Commissioner Rodriguez disclosed that he walked the site today. Applicant, Andy Ea, 12565 Havelock Ave., Los Angeles, CA, 90066 stated that he currently operates the same type of business at 12141 Lakewood Blvd. Mr. Ea said that it is his intention to move the business over to the Woodruff Ave. location. Mr. Ea stated that he has been at this location since 2007 and made note that in the eight years that he has operated his business in Downey, he has done so without com plaints from neighbors or City Code violations. Commissioner Owens asked Mr. Ea if the majority of his internet sales come from the sale of car parts or of whole/complete car, to which he responded by saying that most sales are shipped overseas by cargo container. On any good day two guys can fit 12-13 cars per container if they are dismantled. The fees are approximately $16, 000 - $17,000 plus tariffs; shipping the new cars together with the dismantled car parts cuts shipping costs. Vice Chairman Flores asked Mr. Ea where the local sales come from if not walk-ins, to which he explained that he is a known exporter and has been in operation for 21 years. The customers come to him to place orders and ask him to ship to Texas or overseas. Commissioner Morales inquired as to the overseas sales, to which Mr. Ea explained that there is a high demand for used cars from California because of the high quality/standards. Commissioner Morales asked if Mr. Ea is making improvements to the building, to which Mr. Ea explained that the dismantling will occur outside and will not be visible. He said that the building is in decent shape and will only be making repairs to the leak in the roof and some spots of dry rot wood. Commissioner Owens asked if he will be vacating the current Lakewood Blvd. location, or operating from both locations, to which Mr. EA explained that they will transition to the Woodruff location and either sell the Lakewood Bl. location or create a new development. Commissioner Rodriguez inquired as to the ability to enter and exit the property, to which Mr. EA explained that the end of building is a canopy, not part of the building. Therefore, there is no problem entering on Woodruff and exiting from Stewart & Gray Rd. Vice Chairman Flores asked how the trucks are scheduled, to which Mr. Ea explained that they run late evening to early morning to minimize congestion; approximately two-three times daily, excluding Sunday. Chairman Lujan asked if correspondence was received. Senior Planner Blumenthal stated that he received a letter earlier today, which was distributed to the Commissioners and left for the public on the pubic table. The letter was neither in favor nor against Planning Commission Minutes July 1, 2015 - 5 - the application, only stating concerns regarding hazardous materials during the dismantling of the cars, and the aesthetics of the building, both of which were already addressed in the conditions of approval. Chairman Lujan called for staff’s recommendation. Senior Planner Blumenthal stated that staff is recommending that the Planning Commission adopt a resolution to approve the conditional use permit subject to the conditions of approval contained therein. Commissioner Owen said that this is a good project for the location, and the property had not been utilized for some time. Vice Chairman Flores said that he is happy that the business is growing and finds it to be an interesting business and hopes that it will continue to thrive, and believes the applicant will be mindful of toxic conditions. Commissioner Rodriguez stated that his two concerns were that he did not want cars washed and would like Condition No. 9 to change Woodruff Ave to say, “public right-of-way”. He commented the site is a good fit for the area and the applicant knows what he’s doing. Senior Planner Blumenthal offered the following language to revise the conditions of approval as follows: Revision to Condition No. 9: The proposed fence and gate between the storage area and public right-of-way shall be solid to screen the storage. The area between the fence and the sidewalk shall be landscaped (except the approved driveway). Condition No. 23 will be added: There shall be no washing of vehicles on the site. Commissioner Morales stated that his concern that the dismantled vehicles would be visible from the street was addressed by the solid fence, and he looks forward to seeing the external improvements to the property. Chairman Lujan reopened the public hearing. Applicant Andy Ea, clarified that he is not washing the cars, and wants to have the option later down the road. He explained that he is trying to be forward-thinking and prepare for future options now. His plan is to put clarifiers in the grounds of the property, so if there is a concern with pollutants going into the storm drains, if a car were to be washed, no pollutants would go into the storm drain; the industrial clarifier would catch everything. The company they are using to maintain the clarifier is Stormwater RX based in Portland, Oregon. Commissioner Rodriguez asked for an explanation of what a clarifier is and does, to which Mr. Ea explained that it separates the water and grease that flows into the streets and down to the storm drain; the clarifier is located underground and acts as a filter whereas the oil would go into one compartment, and the rocks and heavy items would go to the bottom and the company would have the pollutants pumped out monthly. If in the future, perhaps 10-20 years from now, if the cars were to be washed, he added that he does not want to be in the situation where he would not be allowed to wash cars. Planning Commission Minutes July 1, 2015 - 6 - Vice Chairman Flores commented that whether or not there is language in the conditions, the City Code does not allow them to wash cars, and if they wish to do so, they would have to request a conditional use permit to do so. Senior Planner Blumenthal clarified that with the condition of no washing of cars, the applicant has to return to modify his conditional use permit; without the condition, staff handles it at staff level. Commissioner Rodriguez reiterated his concerns the applicant will be washing cars. Chairman Lujan stated that the applicant has been in operation for eight years and has been in compliance and trusts that he would continue to comply. The Commissioners reviewed the conditions and the City Code with staff regarding washing cars at the subject site and reviewed the business operations with the applicant. Chairman Lujan closed the public hearing. The Commissioners discussed the option of restricting the washing of cars. It was moved by Commissioner Rodriguez to approve the request for the Conditional Use Permit, with the added Condition No. 23, and amended Condition No. 9 as previously recommended by staff. The motion died for a lack of second. It was moved by Commissioner Rodriguez, seconded by Vice Chairman Flores, and passed by a 4-1 vote, with Commission Rodriguez voting no, to adopt Resolution 15-2927, thereby approving the request for a Conditional Use Permit (PLN-15-00065), with the modification to Condition No. 9 as previously stated. 3. PLN-14-00256 (Conditional Use Permit): Chairman Lujan opened the public hearing for PLN-15- 00065, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a PowerPoint presentation of the request to operate a 16,371 sq. ft. gym (Planet Fitness), on property zoned C-2 (General Commercial) and P-B (Parking Buffer). Mr. Blumenthal reviewed the subject site, which is located on the southwest corner of Lakewood Bl. and Gallatin Rd, and the surrounding retail and residential uses to the east and south. The site was brought before the Planning Commission during the May 20, 2015 meeting; the Commission approved the Downey Crossroads project, which was a re-development of the site formerly improved as a used car dealership that had been vacant for years. Portions of the building will be demolished and the remaining will be rehabilitated to be occupied by Planet Fitness gym. Mr. Blumenthal reviewed the site plan/floor plan and operations of Planet Fitness, including the beauty lounge and tanning beds. All of the equipment is controlled by front desk personnel and will not require massage technicians. There were no concerns presented during the Design Review Committee. Staff believes that the findings can be made in a positive manner and is recommending approval of the request for a conditional use permit. Chairman Lujan called for disclosures: Commissioner Morales and Chairman Lujan drove past the site on Lakewood Bl. Applicant Joseph Bernardowitz [sic] 1200 N. Sweetzer Ave, Unit # 7, West Hollywood CA, stated that Mr. Blumenthal covered a summary of what Planet Fitness does, and said that they pride themselves in striving to make it a comfortable, non-committal atmosphere to their customers. Planning Commission Minutes July 1, 2015 - 7 - Mr. Bernardowitz asked the Commission to reconsider Condition No.7 with regards to the club hours. Planet Fitness is a national franchise and the majority of its locations operate as a 24/7 facility. It is really critical to their operation to do so. They have seven locations operating in Los Angeles currently, and understand staffs concern is the proximity of the residential neighborhoods near the main parking lot. Of the seven other locations, six of them are very close to residential neighborhoods (Inglewood, Huntington Park, Covina, Carson and Torrance). Another consideration is that the patron would park in front of the main entrance during off hours, which would be away from residential neighbors. It can be mitigated with signage and the parking set up. Commissioner Rodriguez asked if there are any racquetball courts at their facilities, to which he replied there are none. Vice Chairman Flores asked if the hours of operation is a deal breaker, to which Mr. Bernardowitz replied, that it is critical, but not a deal breaker. Applicant Mathew Rodman, Furst Enterprises, 8955 National Blvd., Los Angeles, stated that he is very excited about this project, and commented that there are no gyms in this area of Downey. He added that this is a use that has been asked for and is a great amenity for the neighbors. Mr. Rodman stated that the site was over parked and addressed the 24 hour issue in that a segment of the population gets up early to go to the gym at 4:00 am, and some people work late. The 24 hour option is a convenience that seems to be a very important component. The applicant will duplicate signage inside the facility, during overnight hours; the customers will park in front. Another possible mitigation is to cone the area to discourage people from parking in the lot closest to residential. Mr. Rodman stated that they are very strong landlords, and if there are any operational issues, they get on it right away. Franz Jacinto, 8565 Raviller Dr., stated that he lives on the corner house and is against the project because there is no parking in the area; if the gym is open 24 hours, everyone will be parking there. The back lot will be occupied by tenants of the residential apartments and who will make noise throughout the night. The Commissioners asked Mr. Jacinto if his concern was with the residents in the area or with the patrons of the gym, to which he clarified that he is against other people using the gym as an excuse to park overnight and turning it into a City parking lot. Don Latham, 9615 Birchdale Ave., stated that he is not opposed to the fitness facility. He expressed his concern regarding noise levels caused by businesses using sound promotion similar to that of churches; people jumping the fence to park on the residential street and possible vandalism; hours most populated; and the potential increase in traffic at Lakewood Bl. and Gallatin Rd. Mr. Latham said that he is not aware when the traffic study was done, but he lives in the area and is there daily. It is very congested now without the gym or the new restaurants, and he isn’t sure how it would not be affected. Mr. Bernardowitz responded to the concern of the parking lot being used as the neighborhood parking lot, by saying that being open 24 hours would allow them the chance to mitigate with on-site supervision, and to call a tow truck. Their busy times are 6:00 am to 8:00 am and 5:00 pm to 8:00 pm, and operating as a 24 hour facility, the average member is there for 45 minutes. The Commissioners asked Mr. Bernardowitz if he would be using sound promotion as discussed earlier, and if approved as a 24 hour facility, would he be opposed to the back parking lot being closed Planning Commission Minutes July 1, 2015 - 8 - off. Mr. Bernardowitz stated that they do not use sound promotion and it is also a condition of approval that they cannot have it, and he as a tenant, is not opposed to the back parking lot being closed off, but cannot say if the owner would be opposed. Matthew Rodman advised the Commissioners that they utilize overnight security patrol at the Ralph’s center located at Lakewood Bl. and Gallatin Rd. and would be willing to have the security patrol this facility as well, to ensure that there is no one using the back parking lot. Mr. Rodman stated that they tow 2-3 cars nightly at the Ralph’s center and strictly enforce parking on their property. Chairman Lujan closed the public hearing. The Commissioners heard the concerns presented by the members of the community and believed that based on the mitigation measures that are put in place to address their concerns; the Commissioners approved the request to amend the hours of operation to 24 hours a day, 7 days a week and the options of chaining or coning off the parking lot. Mr. Blumenthal suggested that the applicant be required to have security on site from 12:00 am to 5:00 am in lieu of chaining or coning off the parking lot. City Attorney Yvette Abich Garcia gave the Commission direction to consider the nexus in imposing mitigation measures in parking. The Commissioners discussed cones, chains and security to mitigate parking issues. Chairman Lujan called for a three minute break. Senior Planner read the following language to amend/add conditions as discussed by the Commissioners: 7) The permitted hours of operation shall be 24-hours a day, seven (7) days a week. 12) The applicant shall post signs that read, “No parking in this area between the hours of Midnight and 5:00 a.m.” in the west parking lot. 13) The west parking lot shall be coned off between the hours of Midnight and 5:00 a.m. Outside of these hours, the cones shall be stored in the building Chairman Lujan reopened the public hearing. Chairman Lujan asked Mr. Bernardowitz if he agreed to the added and modified conditions of approval, to which he responded that he did not oppose the conditions and asked for an exhibit as to where to post signs and where the cones should be located. Senior Planner Blumenthal gave Mr. Bernardowitz direction on the site plan and advised him that he will sit down with him again and review it with him. Mr. Bernardowitz stated that he will have the security guard put up and take down the cones. Chairman Lujan closed the public hearing. It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a vote, to adopt Resolution 15-2928, thereby approving the request for a Conditional Use Permit (PLN- 14-00256) with amended conditions as previously stated. Planning Commission Minutes July 1, 2015 - 9 - NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 4. Approval of the Minutes from June 3, 2015 It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 5-0 vote, to approve the Consent Calendar. OTHER BUSINESS: Director Schindler explained the post cards that were distributed to the Commission. He said that the City had funded a small business seminar program last year and we’re working with the Chamber of Commerce and a small business development center to get those out to our community and primarily to our businesses. During the months of July and August we are rolling out these business assistance seminars for our business community. The information is also being disseminated by the Chamber of Commerce and on our website. STAFF MEMBER COMMENTS: None. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 9:26 p.m., to Wednesday, July 15, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 5th day of August, 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 5th day of August, 2015, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission