HomeMy WebLinkAbout2. PC Draft Minutes - 02-03-16
DRAFT MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, FEBRUARY 03, 2016
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
Chairman Flores called the February 3, 2016, 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: Hector Lujan, District 1
Patrick Owens, District 2
Louis Morales, District 3
Matias Flores, District 4, Chairman
Jim Rodríguez, District 5, Vice Chairman
COMMISSIONERS ABSENT: None.
OTHERS PRESENT: Aldo E. Schindler, Director of Community Development
Yvette Abich Garcia, City Attorney
William E. Davis, City Planner
Kevin Nguyen, Assistant Planner
Mary Cavanagh, Secretary
PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS: Commissioner Morales commented on his attendance of the grand
opening event for the Vallarta Supermarket, and stated that the expansion was well done. Commissioner
Morales acknowledged Jeff Worthy and Sara Magana in the audience. Commissioner Lujan said that he
also attended the event and was very pleased to see the Vallarta Supermarket opening in our City and
commented on their humble beginning as a small meat market and growing into a successful supermarket
chain. He said that their story is a great example of an American dream and he was happy to be a part of
this project and for staff being recognized for their efforts. Chairman Flores commented on his attendance
at the Pride 58 event at the Bicycle Club Casino in Commerce, CA, for the 58th District, held by
Assemblywoman Christina Garcia. The focus of the event was on leaders and trend setters within the
community that are within our district. The local Downey leaders and trend setters in attendance were
Martha Sodetani with the Downey Unified School District School Board, and members of the Stay Gallery.
PRESENTATIONS: None.
CHANGES TO THE AGENDA: None.
REPORT ON CITY COUNCIL ACTION: None.
PUBLIC HEARINGS:
1. PLN-15-00238 (Revision ‘A’ to Planned Sign Program No. 08-100): Chairman Lujan opened the
public hearing for PLN-15-00238, and Ms. Cavanagh affirmed proof of publication.
Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request to approve the size,
location, and appearance of the previously approved signs within a multi-tenant commercial center, on
property located at 8500-8530 Firestone Boulevard, and zoned C-2 (General Commercial). Mr. Nguyen
reviewed the request by WSS, to modify the previously approved sign program, which was approved in
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2009. Mr. Nguyen reviewed allowable number, size and color of the signs and stated that staff finds the
request to be consistent with the sign program.
Director of Community Development Aldo Schindler clarified that BevMo was recently approved by the
Planning Commission for this site; however, the lease agreement between the applicant and the owner fell
apart, which is an issue between the applicant and the property owner that the City is not involved with.
The property owner has another applicant who would like to go into the site, which the application
presented for WSS represents.
Commissioner Rodriguez asked for clarification as to why the westernmost sign was three times larger
than the others and which of the signs will and will not be illuminated. He noted his preference is that they
are all illuminated.
Commissioner Morales clarified that the size of the west sign was approved during the 2009 public hearing
for the sign program and was found to be appropriate for the use at that time.
Staff reviewed the signs that will be illuminated and stated that the Applicant is present and will be able to
specify which signs will be illuminated.
Chairman Flores called for disclosures; there being none, he called the Applicant forward to give testimony.
Applicant Sarah Magana Withers, Director of Development for WSS, Shoe Style Selection, 13025 Figueroa
St., Los Angeles. Ms. Withers stated that the Downey staff made the process seem very seamless and is
one of the reasons they want to be in Downey. Illumination is proposed for the center sign that reads
“WSS”; however, the remainder of the signs are for their “Brand Partners”. Ms. Withers explained that the
name brand shoes that they carry are actually partners of WSS and would have to approve changes to
their signage as it represents the actual brand. The signs were not proposed to be illuminated; however, if
the Planning Commission prefers that they are illuminated, it can be done, with the exception of the Jordan
sign. The reason is that the Jordan sign are not usually illuminated. The remaining name brands can try to
put something in the sign to illuminate them, except for the Jordan brand. Ms. Withers explained that the
Jordan brand has extended itself to be known as the “Jordan Shop” and gave a brief explanation of the
branding, styles and requirements to maintain the integrity of the product for this partner. Ms. Withers
added that they are in compliance, they are cleaning up the sign program, they are willing to discuss
illuminating the signs with their branding partners, and believe that most will be agreeable.
Chairman Flores asked why the Nike sign wasn’t included in the illuminated signs. Ms. Withers explained
that they have to get approval from their brand partners. She is optimistic that she will be able to get
approval from Nike, and will try with other partners to illuminate their signs. However, she would like to
have the option that if it doesn’t work out, to leave the sign program as is.
Commissioner Lujan said that he did not have questions or concerns, and looks forward to WSS coming to
Downey.
Chairman Flores asked if staff received any correspondence, to which Assistant Planner Nguyen replied by
saying, no.
Chairman Flores invited those in the audience who wished to speak in favor or against the application to
come forward. There being none, Chairman Flores asked for staff’s recommendation.
Assistant Planner Nguyen gave staff’s recommendation to adopt Resolution 16-2958, thereby approving
the request for Revision ‘A’ to Planned Sign Program No. 08-100 (PLN-15-00238), subject to the conditions
of approval.
Chairman Flores closed the public hearing.
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Commissioner Morales stated that he had no concerns; the application is straightforward; he is indifferent
to illuminating the signs and is not in favor of holding the applicant up by adding requirements.
Commissioner Lujan agreed with Commissioner Morales and added that most of that signs are not
illuminated.
Chairman Flores stated that the illuminated signs would be an improvement, but agrees that it should be at
the discretion of the business owners. He likes the plan and wished them well.
Commissioner Rodriguez thanked staff for an excellent presentation and graphics. He stated his
preference is that all of the signs are illuminated, most importantly, the WSS sign. He most definitely would
like the Applicant to work with staff as far as illuminating the signs, but does not see the need to make it a
condition of approval, and looks forward to seeing WSS in our city.
Commissioner Owens thanked staff for a great presentation and welcomed WSS to our community. He
said that he has no issue with the illumination and is confident that the applicant will make it in the best
possible light.
It was moved by Commissioner Morales, seconded by Commissioner Owens, and passed by a 5-0 vote,
to adopt Resolution 16-2958, thereby approving the request for Conditional Use Permit (PLN-15-00238).
2. PLN-16-00013 (Zoning Text Amendment): Chairman Lujan opened the public hearing for PLN-16-
00013, and Ms. Cavanagh affirmed proof of publication.
City Planner William Davis gave a brief PowerPoint presentation of the request to amend the City’s Zoning
Code as it pertains to the use of commercial recreation, specifically dance studios, in the manufacturing
zones. City Planner Davis stated that the request to amend this section of the Code was made by the City
Council as a reaction to the decision made at staff level to deny a request to operate a dance studio
located within the City’s manufacturing zone. The reason for denial was that our current development
standards do not allow dance studios, which can also be defined as commercial recreation-type uses,
within the M-1 and M-2 (manufacturing) zones in the city. The City Council is aware that other cities allow
these types of activities within their particular land use zones and has directed staff to a Zoning Text
Amendment that would allow them within the M-1 and M-2 Zones in the City of Downey. City Planner
Davis reviewed the 17 cities surveyed and found that six of the 17 cities surveyed allowed dance studios in
manufacturing zones. The remaining cities allowed dance studios in their commercial zones, not in their
manufacturing zones. City Planner Davis explained that while the City of Downey identifies a dance studio
as commercial recreation, other cities use terms such as commercial schools, athletic studio, instructional
facility etc., but for the most part, dance studios fit within those particular definitions. City Planner Davis
explained that the purpose of zoning is to keep incompatible uses separated. For example, zoning would
allow the separation of an asphalt plant or uses that can result in toxic fumes, truck noise and other
industrial or type uses from operating in zones that allow residential uses. Currently, modern cities are
allowing uses such as trampoline or dance studios in their manufacturing areas, which are along the line of
the Council’s thoughts. City Planner Davis reviewed the proposed amendment to Section 9126 (c
Definitions) and the proposed amendment to Table 9.3.9 of Section 9318.04 of the Code as it pertains to
the manufacturing zones purpose and regulations. Changes to Table 9.3.9 (Manufacturing Zone Use
Regulations) will allow the City to verify the appropriateness of a use at a particular location and allow the
Planning Commission to apply conditions of approval to ensure that the commercial recreation uses are not
impacted by other types of uses in the zone negatively.
The Commissioner discussed with staff:
• Similar uses in other cities studied that require a conditional use permit or similar type permit.
• Similar uses in other cities studied that do not require additional permits and the reasons.
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• Various mixed uses and the possible negative effects and options to mitigate issues that may arise.
• Comparisons of modern city zoning versus established cities with populated manufacturing zones in
place, and the potential impacts of allowing the mixed uses in the manufacturing zones.
• The option of conditional use permits to set boundaries and standards on a case by case basis.
• The City’s liability and possible future impacts in allowing the mixed use.
• Possibility of negative effects to the existing manufacturing uses.
Chairman Flores called for members of the audience who wished to speak in favor or against the proposal;
there being none, he called for correspondence. City Planner Davis replied by saying there was no
correspondence.
Chairman Flores asked for staff’s recommendation.
City Planner Davis gave staff’s recommendation to adopt Resolution 16-2959 to recommend approval of
the Zoning Text Amendment (16-00013) to the City Council.
Chairman Flores closed the public hearing.
Commissioner Morales stated that he is comfortable with staff’s proposal; requiring a CUP will give the
Planning Commission the ability to look at each use comprehensively.
Commissioner Owens concurred; and said that a CUP is good way to apply case by case standards.
Vice Chairman Rodriguez thanked staff for the time and efforts with the presentation and taking the time to
answer his questions by phone. He expressed concern that the applicants can still be denied; however,
they have more rights because more will be allowed. He remains concerned with the possible impact of
incompatible uses that may occur by allowing the mixed uses.
Commissioner Morales added that he believes the future impact will be similar to that of the code issues
that were related to the residential issues a few years back with the single-story homes and new home
owners coming in to build two-story homes (mansionization).
Commissioner Lujan stated that he okay with the proposal.
Chairman Flores said that this is a good addition of uses for the manufacturing areas in our city; for the
most part he agreed with his fellow Commissioners. Chairman Flores stated he is happy with the
conditions that are in place and noted that those who would come into a manufacturing area would be on
notice for the other potential uses in the area and that may be currently be allowed and in the future.
It was moved by Commissioner Morales, seconded by Chairman Flores, and passed by a 5-0 vote, to
adopt Resolution 16-2959 to forward the request for a Zone Text Amendment (PLN-16-00013) to City
Council recommending approval.
NON-AGENDA PUBLIC COMMENTS: Chairman Flores stated that with this being his first meeting as
chairman he wished to acknowledge family members and friends in audience. (Mother, Brother Val Flores,
Blanca Mariana Pacheco, Flaka Rojas, Cathy and Joseph Monacmul).
CONSENT CALENDAR ITEMS:
3. Approval of the Minutes from January 20, 2016
It was moved by Commissioner Morales seconded by Commissioner Rodriguez, and passed by a 5-0
vote, to approve the Consent Calendar.
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OTHER BUSINESS: None.
STAFF MEMBER COMMENTS: Director of Community Development Schindler stated that the mayor laid
out his goals for the next calendar year during his inaugural address. Some goals that affect our
Community Development Department are various studies that he wants to undertake on process,
economic development, and zoning. Therefore, we’ve issued a Request for Proposal (RFP) to do an
assessment of our development permit process: how permits go through our system with the Building &
Safety, Planning, Public Works, Police and Fire Departments. We are anticipating two to four responses
from consultants who do these types of assessments. The consultants will spend a few months assessing
our processes; they will interview staff, commissioners, council and applicants to get feedback and will
present a report of their assessment to the Planning Commission and to the City Council. Director
Schindler stated that the last study was done in 2004, and at least 80% of the recommended practices are
in place today.
ADJOURNMENT: With no further business to discuss, Chairman Flores adjourned the meeting at
7:59 p.m., to Wednesday, February 17th, 2016, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave.
APPROVED AND ADOPTED this 2nd day of March, 2016.
Matias Flores, 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 2nd day of March, 2016, by the following vote:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission