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HomeMy WebLinkAbout2. PC Draft Minutes - 08-19-15 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, AUGUST 19, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the August 19, 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 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 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 Rodriguez reminded everyone that the “Battle of the Businesses”, hosted by the YMCA, begins today and will continue on through Saturday. Commissioner Morales advised everyone that the G.O.O.D. Golf Tournament will be held on September 11th, 2015, and anyone interested in playing should meet Commissioner Morales after the meeting. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo Schindler reported that the Community Development Department presented the City Council with an update on the solar energy process as it pertained to the permit process for the installation of residential solar energy. The changes were based on Code requirements as per the State of California, with the goal to make it easier for solar installations; hopefully this will help to get more solar installed in our Community. PUBLIC HEARINGS: 1. PLN-14-00260 (Variance) Continued from March 18, 2015: Chairman Lujan opened the public hearing for PLN-14-00260 and Ms. Cavanagh affirmed proof of publication. Commissioner Rodriguez recused himself from this item based on comments presented at the previous hearing, and Commissioner Morales recused himself due to his absence from the previous hearing. City Planner William Davis reviewed the request for a variance from the City of Downey residential property development standards to allow the development of a two-story, single-family dwelling on a 25 foot lot, on property located at 13423 Laureldale Avenue zoned R-1 (Single-Family Residential). Mr. Davis stated that this request was originally presented to the Planning Commission at the March 18, 2015 Planning Commission meeting. During the hearing, the neighbors expressed their concerns regarding the loss of Planning Commission Minutes August 19, 2015 - 2 - privacy, natural lighting, noise, increased parking impacts, and concerns for safety if the street light is moved. Additionally, they were displeased that the proposed two-story house does not conform to the size of the other homes on the block, and the project plans should adhere to the current Building Code. After reviewing the design, and hearing the public testimony, the Planning Commission asked the Applicant, Eddie Leon if he would be willing to redesign the project. He agreed and has returned with a new design that addresses the issues presented at the previous hearing. City Planner Davis reviewed the revised design, setback requirements and development standards. The house remains a two-story structure; however, Mr. Leon proposed the following revisions: • The house is reduced from 1,387 sq. ft. for 1,001 sq. ft. and from three bedrooms to two. • The revised floor plans allow a 7’ 6” separation between the homes. • The windows are relocated from the side elevations, facing the front and rear of the house. • A two-car garage with interior dimensions of 19'-0" x 21'-0", allowing sufficient space for a washer, dryer and two automobiles. • The amount of concrete in the front yard area is reduced by utilizing a grass block driveway, which includes grass-filled openings in the concrete. • If necessary, the Applicant will adjust the location of the street light. Commissioner Owens asked if the street light would remain or will it need to be moved, and if the alignment of the windows relative to the neighbors’ was addressed. City Planner Davis confirmed that the street light will remain on the property, but it may require moving several feet. If it does have to be moved it will not be a significant cost to applicant. Mr. Davis explained that the windows discussed in the previous meeting that were of greatest concern were the bedroom windows; now they are hallway access windows that have a diminished view. Chairman Lujan called for disclosures, there being none, he called the Applicant and/or representative forward to give testimony. Project Designer, Arturo Vasquez, 7369 Ramish Avenue, Bell Gardens, CA, 90201, appearing on behalf of owner Eddie Leon, stated that he has been in contact with Mr. Davis to address the neighbors’ concerns, particularly the privacy issues. He explained that he addressed the privacy issues regarding the windows on the north and south sides by raising them high enough so that no one can see into the neighbors’ property. He stated that the lot is very small and did his best to address all of their concerns. Vice Chairman Flores asked Mr. Vasquez what the heights of the windows are from the floor up, to which Mr. Vasquez replied that they will be 6 feet from the floor to the clerestory windows. Commissioner Owens asked if he spoke at the original hearing, to which Mr. Vasquez replied by saying no, he was not available to attend the previous meeting. The Commissioners asked about how and when the street light would be moved, to which Director of Community Development Aldo Schindler explained that the Planning Department will work with the Public Works Department to make sure that the street light is moved, if it is necessary. Chairman Lujan asked staff if they had received any correspondence. Mr. Davis replied no. Chair Lujan invited those in the audience who wished to speak in favor or opposition of the application. Speaking in opposition: Veronica Martinez, 13429 Laureldale Ave, Downey, stated that her property is to the south of the subject site. Mrs. Martinez said that she did not completely understand the new report; however she still has issues with granting the variances. Her issue with the development has not changed. She is opposed to a Planning Commission Minutes August 19, 2015 - 3 - two-story development that does not conform to the area. She is not against anything being built, as long as it meets the current Code. The street is unique due to the one-sided street parking; there will be a loss of parking if the house is built. Mrs. Martinez said that she and her husband were willing to purchase the lot from the Applicant and she appreciated that Applicants’ efforts, but the house does not fit on this street. She requests that the City upholds its development standards and deny this request. Commissioner Owens asked Mrs. Martinez what is the square footage of her home. Raul Martinez, 13429 Laureldale Ave, stated that their house is 910 sq. ft., not including the garage and their lot size is 50 ft. 4 in. x 110 ft. Mr. Martinez opposes the project. He said that the subject site is a nonconforming substandard lot and gave a history of the previous owners who were told that nothing could be built on the lot. The lot is small and there are many houses that exist in the area with similar lot sizes; but, none of them are new. When he sought approval from the City to add to his home, the planner provided him with residential standards and the three foot setback and explained why they are required for his property. He was told that there were safety issues such as distance from the neighbors in case of fire, noise impacts and restricted emergency access to the rear of the house. The planner discouraged him from requesting a variance at that time. Mr. Martinez stated that that Applicant should be required to adhere to the same standards and abide by the same rules. He also expressed opposition to a two-story house; the street light being moved will affect the spacing of the light and the homes and will not be properly illuminated. This will cause an increase in crime and impact parking. Mr. Martinez presented the Commissioners with a petition that was signed by the neighbors requesting that the Planning Commission deny the variance. Secretary Cavanagh distributed the petition to the Commissioners. Mr. Martinez asked that the Commissioners to consider his family’s and the neighbors’ pleas to deny variances on this site. He concluded by reiterating that they are opposed to the all variances and building on that site and are willing to purchase the property. They are opposed to moving the light post, the garage and the setbacks do not meet the standards and he does not know why the City would have considered this request and asked that they deny it. Commissioner Owens asked Mr. Martinez where they receive service for their overhead utilities, to which Mr. Martinez replied the utilities are serviced from the rear. Speaking in favor: Emery Sippos, 12832 Smallwood Avenue, expressed his support of the project. Speaking in opposition: Brad Swenson, resides at 13419 Laureldale Avenue, and has lived at this address for the past 1.5 years. He is involved in custom home building business. He asked if the home will improve the City. He reviewed the subject site and found that the neighborhood has issues with parking, no sidewalks, minimal lighting, and no additional space for extra cars. As a resident, he finds parking to be nonexistent. Mr. Swenson believes approving this development will dampen the neighborhood. He is concerned with the safety of the residents of Laureldale what may happen if the light pole is moved. The street light provides light to his driveway and is the only source of light for the majority of the street and presented photos for review. Secretary Cavanagh distributed the photos to the Commissioners. Mr. Swenson added that the garage is not up to Code. His water main controls the lot and questions if the lot was split legally. He spent his own money to maintain the lot and has been taking care of it; it has not become an eyesore or a fire hazard. He survived a stroke seven years ago at age 19 and lost the right side of his brain, the use of his left ankle and his left hand. He requires extra space to open his vehicles and asks if the adjacent property would meet standard ADA requirements, will the owner be responsible for any equipment or debris left over by his crew? How can he ensure that he will be able to safely get in and out of his car? From a personal, financial & professional standpoint, this decision would negatively impact Laureldale. Planning Commission Minutes August 19, 2015 - 4 - Patricia Duarte, 13417 Laureldale Ave, stated that she is also appearing on her husband’s behalf to express their opposition to the variance and agreed with the comments made by her neighbor. She stated that she opposes the two story structure and feels it would be an eye sore and would block the breeze into her home. There are no two-story homes on this street. Mrs. Duarte commended her neighbors for taking care of their homes and properties, specifically, those who live immediately adjacent to the vacant lot and confirmed that they have been watering the lawn and keeping the property clean. She expressed concern for her daughter’s safety when she has to park down the street due to the lack of street parking and the added concern for safety with the street light moving. She stated that every person that signed the petition also took time to discuss the issues and strongly opposed the variance. Chairman Lujan closed the public hearing, then re-opened it to allow the Applicant rebuttal. Applicant/Owner Eddie Leon, 9115 Brock Avenue, Downey, thanked staff and the Commissioners for their time in reviewing the request. Mr. Leon stated that his intent is to build a single-family residence to allow a family to have a home. He is a resident of Downey and built his own house and said that his preference is to build on smaller lots and build very nice, uniquely-designed houses. He believes that building this home will enhance the neighborhood and increase their equity. However, if the residents are opposed to a home being built on the lot, he is willing to fence the property and have it remain as a fenced vacant lot. He wants to give a family a home to live in and he wants the opportunity to build in his City. Mr. Leon stated he would be willing to come back again with another proposal; however, at this point he is willing to sell the lot to the neighbors for the current value. He commented that his realtors approached the neighbors at one point and they did not respond and asked what his options are if they oppose purchasing the property. Chairman Lujan called for staff’s recommendation. City Planner Davis said staff’s recommendation is to adopt a resolution to approve PLN-14-00260. Chairman Lujan closed the public hearing. Vice Chairman Flores thanked staff, the Applicant and the members of the community in attendance at this hearing. The Vice Chairman stated that he takes issue with the notion of a variance being against Code and explained that a variance is within our Code to decide how we want to structure our residential neighborhoods. Having said that and in listening with great detail, he is not able to make the findings to grant the variance, particularly finding number two as it pertains to the second story, and it being in harmony with the neighborhood. He believes a two-story home would break the harmony of this particular neighborhood. Commissioner Owens agreed with Vice Chairman Flores. He can’t make the findings to consider approval at this point. He appreciates the hard work of staff and the Applicant and all of the changes and reductions to square footage. Whether or not the second story was eliminated from the proposal, he still believes it would not work. He was thrilled with the qualifiers for solar but the project doesn’t work and he cannot support it for the well-being of neighborhood. Chairman Lujan stated that he is filled with mixed emotions. He would like to see a family have the opportunity to come to Downey and have their kids given opportunity to go to school in Downey. He is sad to see that the residents and the Applicant could not come to an agreement and sympathized with both sides. He had hoped that they would have worked things out to be able to build something there. It was moved by Vice Chairman Flores and seconded by Commissioner Owens and passed by a vote of 2-1 with Chairman Lujan voting no, to direct staff to return with a resolution of denial of the request for a Variance PLN-14-00260. Chairman Lujan advised that Applicant that the action will be made final with adoption of the resolution at the next meeting. Planning Commission Minutes August 19, 2015 - 5 - Chairman Lujan called for a break at 7:55 p.m. and called the meeting to order at 8:03 p.m. 2. PLN-15-00132 (Revision ‘F’ Conditional Use Permit No. 03-05): Chairman Lujan opened the public hearing for PLN-15-00132, and Ms. Cavanagh affirmed proof of publication Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request by Epic Lounge/LA Buns, located at 8237-8239 Second Street, to modify the previously-approved conditions of approval Revision ‘F’ to Conditional Use Permit No. 03-05. The request is to extend the hours of operation for the restaurant, to add two outdoor patios, and to change the ABC license from a Type 41 (On-sale Beer and Wine, Eating Place) to a Type 47 (On-sale General, Eating Place), on property zoned DDSP (Downtown Downey Specific Plan Downtown Core District). Mr. Nguyen reviewed the subject site that is a 2,500 sq. ft. tenant space at the northeast corner of Second and New Streets that occupies a restaurant and night club. The site is surrounded by commercial uses including a hair salon, restaurant and retail store. Mr. Nguyen gave a brief history of previous approvals to modify the conditional use permit which included a 2009 conversion from a computer center to a night club with live entertainment and an ABC Type 41 license. The Applicant currently seeks to: 1) modify the hours of operation to close at 3:00 a.m. Thursday through Sunday, and at 2:00 a.m. Monday through Wednesday; and 2) to modify the ABC license from a Type 41 license to a Type 47 license; and 3) to add an 85 sq. ft. patio to the front portion of the LA Buns restaurant and a 280 sq. ft. patio to the east side/Epic Lounge portion of the business. Although similar businesses in the area operate with outdoor patios and alcohol sales, staff finds that there is no justification to allow the hours of operation to be extended until 3:00 a.m. The restaurants approved with alcohol sales close at 2:00 a.m., with alcohol sales ceasing at 1:30 a.m. Adding the outdoor patio will require five additional parking spaces at the public parking structure, to which a condition has been added requiring the City Planner’s approval. During DRC (Development Review Committee) the Police Department expressed concerns with the lack of lighting to the rear of the business, the need additional security to patrol the outside area and a security plan. As such, staff has added conditions to mitigate the Police Department’s concerns including an added condition that the security plan must be approved by the Chief of Police. The Commissioners reviewed the request to upgrade the ABC Type 41 license to a Type 47 license and the ABC requirements with staff which included the percentages of food sales and hours of operation and the Applicant’s requirement to comply with all ABC regulations. Chairman Lujan called for disclosures, to which Commissioner Rodriguez disclosed that he visits the LA Buns restaurant on a regular basis. Chairman Lujan called the Applicant and/or his representative forward to give testimony. Pat Gil, 7901 Seventh Street, Downey, Vice President of the Downey Arts Coalition, spoke on behalf of the Applicant, Mr. David Devis. Ms. Gil stated that she has worked with Mr. Devis through the Downey Arts Coalition over several years. She informed the Commission that there is an error in the floor plan and clarified that the restroom for LA Buns is located in the Epic Lounge, and the door is always open. Ms. Gil stated that Mr. Devis is excited about the revisions to the business and explained the Applicants’ reasons to extend the hours of operation to 3:00 a.m. is to allow the people to have a local after hours eating place to wind down after consuming alcohol. She said that there are many patrons that come for the Downey Arts Coalition events at the subject site, and they drive a long way. By keeping the restaurant open, they will have a place to decompress before driving. Ms. Gil confirmed that alcohol sales cease around 1:30 p.m. Ms. Gil concluded by expressing her support of the request on behalf of the Downey Arts Coalition. Commissioner Rodriguez asked if LA Buns closes earlier than Epic Lounge and if so, will the restaurant stay open later. Ms. Gil clarified that LA Buns currently closes at 10:00 p.m. and it plans to remain open until 3:00 a.m. for sponsors’ events for the Downey Arts Coalition that are held at the Epic Lounge. Planning Commission Minutes August 19, 2015 - 6 - Commissioner Rodriguez expressed concern that the Applicant may not be in compliance with ABC requirements regarding the hours of operation for food sales. Director Schindler referred to the original conditions of approval revised in 2009 and explained the nature of the conditions. Ms. Gil stated that she may have been confused regarding the hours of operation. Chairman Lujan called for correspondence, to which Assistant Planner Nguyen advised the Commissioners that staff received one letter in support of the application from the Downey Arts Coalition. Chairman Lujan invited those in the audience who wished to speak in favor or opposition of the application. Speaking in favor: Don Lamkin, 7151 Pellet Street, Downey, spoke in favor of the application and the character of the Applicant David Devis. Mr. Lamkin stated that he has been a member of the Downey Arts Coalition since 2009 and testified to Mr. Devis’ generosity and his being accommodating in hosting many events on behalf of the Arts, such as art shows, live music events, theater, poetry and all with food and beverages available. Mr. Lamkin also testified to the safety record of the business, explaining that he reviewed the police records for the business and found that in eight years of doing business, there have been only seven calls for service that required an incident report. He commended Mr. Devis’ security staff and commented on them being well versed in recognizing problems. Mr. Lamkin believes that the outdoor patios will add to the ambience of the Downtown, and extending the hours of operation to 3:00 a.m. will allow patrons to decompress and also be used as a pickup area for UBER. Mr. Lamkin expressed his support of the application and believes it will improve the area. Sylvia Blush, 7207 Stewart & Gray Road, expressed her support of the Applicant David Devis, and his business the LA Buns/Epic Lounge. Ms. Blush testified to his charitable contribution to the community by donating the use of the Epic Lounge to host to support events such as cancer awareness. Commissioner Rodriguez asked Ms. Blush if she is here to support the Applicant or the business, to which Director Schindler advised the Commissioners that the application goes with the land use and not the person. Hector Beltran, 8444 Lexington Road, expressed his support of the outdoor patio and the 3:00 a.m. closing time to allow patrons to have a nice place to go while they wait for UBER to pick them up. Carol Kearns, 9942 Smallwood Avenue, endorses the Applicant for his contributions to Downey’s cultural landscape. Forrest Hartl, 11109 Pangborn Avenue, spoke in favor of the application and the Applicant. Applicant/Business Owner, David Devis, 7156 Pellet Street, Downey, thanked staff and said he was available to answer questions. The Commissioners had no questions for the Applicant; therefore, Chairman Lujan called for staff’s recommendation. Planning Commission Minutes August 19, 2015 - 7 - Assistant Planner Nguyen gave staff’s recommendation to adopt resolution 15-2933 approving PLN-15- 00132, subject to conditions of approval. Chairman Lujan closed the public hearing. Commissioner Owens stated that his only comments were that he was very impressed with the support shown this evening for the business. Vice Chairman Flores thanked staff for the presentation and the members of the community who came out in support of the application. He agreed with the public testimony in calling the subject site a cultural landscape; it’s a place that offers a variety of venues from a funky band, or paintings or even a toy drive. He has attended a few events that he would qualify as cultural and thinks that it is an institution that has been closely associated with the Arts. Vice Chair Flores added that independent of this request, he knows Mr. Devis to be a good business neighbor; he participates, he opens up his shop, and he is exactly the type of person we want to incentivize to stay here. While there may be some concerns with this running with the land, as a Commissioner, he believes that the character of the individual should be considered. Vice Chair Flores spoke highly of Mr. Devis’ character and said he hopes that he stays for many years. He is in favor of the modifications and does not oppose the 3:00 a.m. closing time. Commissioner Morales thanked the community for their engagement at this hearing in showing support for the various items on tonight’s Agenda. He continued by saying that he was in agreement with Vice Chairman Flores in that he does not find the request to close at 3:00 a.m. to be an issue. However, in looking at the request, and the reading the conditions of approval, if the Commission approves the 3:00 a.m. it will affect other conditions of approval. Director Schindler advised the Commissioners to continue the public hearing, which would allow staff time to correct the conditions of approval. Commissioner Rodriguez thanked the community for their testimony. He stated that it is the Commissions responsibility to make sure that the conditions run with the land; without the right conditions, the Epic Lounge will become another drinkery. He believes that once the conditions are corrected there will be no problem with the 3:00 a.m. closing time and we will then have an after hour’s destination in the Downtown. The Planning Commission gave staff direction to revise the conditions of approval with greater emphasis given to the proposed hours of operation, food sales, and allowing a six-month review of the activities on the subject site. The Planning Commission also directed staff to combine all relevant conditions of approval found in previously approved CUP modifications as one revised set of conditions, and that staff review the dance hall ordinance for consistency with the requested hours of operation. It was moved by Commissioner Rodriguez, seconded by Vice Chairman Flores, and passed by a vote of 5-0 to continue the public hearing for PLN-15-00132 to a date uncertain with direction to staff to revise the conditions of approval. Chairman Lujan called for a break at 9:22 p.m. and called the meeting to order at 9:32 p.m. 3. PLN-15-00133 (Variance): Chairman Lujan opened the public hearing for PLN-15-00133, and Ms. Cavanagh affirmed proof of publication Senior Planner David Blumenthal reviewed the request for a variance to deviate from Municipal Code Section 9520.08 (L)(3) to increase the maximum allowable height for a wall within the street side yard setback from three (3) feet to eight (8) feet, on property located at 11899 Woodruff Avenue, and zoned M-2 (General Manufacturing) and P-B (Parking Buffer). Mr. Blumenthal read the Municipal Code Section 9520.08(l)(3) states, “Walls, fences, and hedges within front yards, street side yards, and/or within required Planning Commission Minutes August 19, 2015 - 8 - landscape planters shall not exceed three (3) feet” in the manufacturing zones. Senior Planner Blumenthal reiterated that the Code is referring to the front yard and street side yards, not the setbacks. For all other portions of the lot, the maximum height for walls, fences, and hedges is ten (10) feet He reviewed the setbacks and clarified that the setbacks refer to how close a building can get to the actual property line. In the M-2 zone, the front can be within ten feet, the rear in this case is 20 feet and a side setback for an industrial property is a zero setback, so one can actually build up to the property line. The Applicant is requesting to deviate from this standard to construct an eight (8) foot tall block wall between the building and Woodruff Ave. The intent of the wall is to create an outdoor storage area for vehicles for a paint and body shop. In order to approve the request for a variance, the findings have to be made. Based on staff’s analysis contained within the staff report, none of the six findings can be made; failing to make one finding is cause for denial. Commissioner Morales asked why they are building the wall, to which Senior Planer Blumenthal replied that the Applicant is available to answer that question; however, staff told that the purpose is to store the vehicle while they are waiting for repair. Commissioner Rodriguez asked for confirmation that a building can be constructed up to the property line along the required side yard, height restrictions and whether an architecturally designed wall can be built. Senior Planner Blumenthal confirmed that theoretically, as long as the Applicant can meet all development standards they can build up to that portion of the property line, the height would be restricted according to the Code and if the Commission can make all six findings to build the wall, then we would want some type of architectural design to minimize some of those impacts. Commissioner Owens asked Senior Planner Blumenthal to explain his comments on the antiquated P-B zoning, to which Mr. Blumenthal explained that the P-B zoning is outdated and no longer in our Zoning Code. Therefore, it the Applicant was to tear down the building to rebuild, he would have to go through a zone change as well. Chairman Lujan called for disclosures: Commissioner Rodriguez stated that he walked and drove around the site. Applicant, Randy Orozco 11662 West St., Garden Grove, stated that he is the designer for the project and spoke to staff and the building official about the wall from the beginning. He understands the issue with the wall that was originally a problem with the setback. We worked with David and Mr. Davis and another Planner and came up with two ideas as to how to erect this wall. One issue was the height, maximum allowed is three feet and currently the wall is at 5’ 11” off the property line; they are required to raise to wall to block public view of the vehicles. Another issue is that the detailing and inspection area in the rear area. The wall that they intended to build is architecturally designed and matches the building. The insurance companies required them to raise the wall to secure the vehicles. Not all of the vehicles stored are totaled and the have to protect them from theft. They are willing to lower the wall to eight feet, or at a minimum of five feet to meet the insurance requirement. Commissioner Owens asked if they operate any other locations, to which Mr. Orozco stated that they have a facility in Fullerton but the owner can respond to that question. Owner, Tim Mullahey, 4620 E. Sierra Vista Dr., Anaheim, reiterated that the purpose for the wall is to satisfy the requirements per the business contracts with the insurance companies and they must meet required steps for security of the vehicles. He said that they are open to the design of the wall, and they own and operate 16 body shops with locations in Fullerton, Torrance, Los Angeles, El Segundo and the current location is 7900 Firestone Blvd near the Rite Aid. Chairman Lujan asked how many vehicles are stored inside the facility. Mr. Mullahey replied approximately 30; they were located at Champion Dodge on a sublease for years, but couldn’t grow there. The expansion Planning Commission Minutes August 19, 2015 - 9 - of the dealership allowed them to get out of the lease early and triggered the move. At that location their sales averaged $150,000 monthly servicing 60-70 vehicles and estimate it will double at the new facility and they anticipate doubling their sales at this new location. He said that he has already invested half a million dollars in new equipment to get the cars through faster and estimates 150 vehicles per month. Mike Salyards [sic] stated that he is part owner of the operational side of the business referred to as the GEICO express stores that service approximately 250 cars. He stressed the need to secure the site and offered suggestions to modify a three foot wall by adding rod iron to the top for security purposes. Vice Chairman Flores asked if the three foot wall vs. the five foot wrought iron would be satisfactory, to which Senior Planner Blumenthal reiterated that anything above the three feet in height would require a variance. Chairman Lujan called for correspondence; there being none, he invited members in the audience who wished to speak in favor or against the application to come forward. There were no public speakers. Commissioner Rodriguez commented that the building looks nice, but he struggles with fact that he (the Applicant) can build the building out and would like to see an attractive wall, but the building setback is an issue; however he does favor a decorative wall. Commissioner Morales sympathized with the Applicant and his need for security, but they have to look at the height of the wall. If the Applicant wanted to expand the building, he can do so to cover vehicles, but the findings for the variance cannot be met. Commissioner Flores agreed with his fellow Commissioners and said that he had hoped that they could have made it work; but they can’t make the findings. Commissioner Owens, said that he too was concerned and sympathized with the Applicant; but a variance cannot be granted if they can’t make the findings. Chairman Lujan reiterated that the findings are not there. He said he hoped that the Applicant can work with staff to come up with a different solution. It was moved by Vice Chairman Flores, seconded by Commissioner Owens, and passed by a 5-0 vote, to adopt Resolution 15-2933, thereby denying the request for a Variance (PLN-15-00133). NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 4. Approval of the Minutes from July 15, 2015 5. Approval of the Minutes from August 5, 2015 It was moved by Vice Chairman Flores, seconded by Commissioner Morales, 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 10:19 p.m., to Wednesday, September 16, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. Planning Commission Minutes August 19, 2015 - 10 - APPROVED AND ADOPTED this 20th day of January, 2016. 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 January, 2016, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission