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HomeMy WebLinkAboutRevised PC Minutes 10-07-15REVISED MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, OCTOBER 7, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the October 7, 2015, Regular Meeting of the Planning Commission to order at 6:30 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Louis Morales, District 3 Matias Flores, District 4, Vice Chairman Jim Rodriguez, District 5 Hector Lujan, District 1, Chairman COMMISSIONERS ABSENT: Patrick Owens, District 2 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney William E. Davis, City Planner David Blumenthal, Senior Planner Jessica Flores, Associate Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS: Vice Chairman Flores invited everyone to attend the Stay Gallery's 3rd anniversary celebration on October 23, 2015. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo Schindler reported that the City Council gave consideration to the code amendment regarding drought tolerant landscape ordinance and gave staff direction to return with regulations that are more user - friendly. The ordinance should be brought back before the City Council approximately the 2nd meeting in October. PUBLIC HEARINGS: 1. PLN -15 -0161 (Variance): Chairman Lujan opened the public hearing for PLN -15 -0161, and Ms. Cavanagh affirmed proof of publication. City Planner William Davis gave a brief PowerPoint presentation of the request for a variance to Planning Commission Minutes October 7, 2015 retain a legal nonconforming second driveway and approach on a single - family lot located at 8622 Fontana St., and zoned R -1 5,000 (Single - Family Residential). City Planner Davis reviewed the surroundings, and the circumstances that lead to the request for the variance. In 1984 the Planning Commission approved a variance with the condition that the secondary driveway would be removed and brought into compliance if the property were to be sold, rented or leased. The family discovered the variance when the property was being sold by the daughter who currently owns the property. However, the applicant however, prefers to retain the secondary driveway because it makes the house more attractive to potential buyers. They contend that the secondary driveway has not created a nuisance in the neighborhood, that it reduces parking problems on Fontana St., and several other properties nearby have a similar condition. The construction of the secondary driveway occurred in 1952, prior to the City's incorporation in 1956. At that time, the original garage was converted into a bedroom and a new garage was constructed at the rear of the subject site. It was after the City adopted its first Zoning Code, that the standard for the single - family residential zone would have only one driveway. The City Code's definition of a driveway is that of a paved access way from the street property line to any garage, carport, parking or loading space, which defines the rear driveway. However, the secondary driveway is merely a paved surface with an approach that connects it to the street; therefore, it does not meet the definition of a driveway. The City Code (Section 9312) also requires that front yards be landscaped except for approved pedestrian walkways, and driveways. In addition, only temporary parking of vehicles pursuant to Section 9710.02(h), which provides standards for driveways, shall be allowed in the front yard. Commissioner Rodriguez asked what had prompted the original variance, to which City Planner Davis replied that the non - conforming uses are not intended to last forever and do expire and assumes that was the reason, but was not sure. Director of Community Development Aldo Schindler stated that these types of entitlements are prompted by interaction such as a remodel, or Code Enforcement action; they are rarely proactively pursued by staff. Commissioner Morales asked if there is a list of other properties that have a similar parking pad, to which City Planner Davis replied that he did not see another situation similar to this one in the surrounding area. Commissioner Morales compared the neighboring property maintaining two garages used as such and two driveways existing as legal nonconforming with Mr. Davis. Commissioner Rodriguez stated that he believes there were a number of houses in the area with a similar situation and several houses that had the approaches without having a garage. City Planner Davis responded by saying that all of the houses exist as legal nonconforming uses; all of them should have two -car garages. Mr. Davis said that he believes it would be onerous to go back and tell those homeowners that they are supposed to have two -car garages to come back to bring those properties into compliance. Commissioner Rodriguez asked if the subject site currently maintains a one -car garage and asked if they are supposed to have two spaces per lot. City Planner Davis confirmed that yes, F they are supposed to have two spaces per lot and in today's standards, they would have a 20 x 20, two -car garage; however, in 1952, the standard was less than it is today, which is a nonconforming situation. -2- Planning Commission Minutes October 7, 2015 Commissioner Rodriguez expressed his concerns regarding parking requirements, to which City Planner Davis stated that the issue is the driveway. Chairman Lujan stated that the applicant agreed to the conditions of the variance. Commissioner Morales explained that the property exists as legal nonconforming; however, whenever you make changes to the property, you have to bring it into conformance. Commissioner Rodriguez discussed his concerns with the size of the garage with City Planner Davis. Mr. Davis reiterated that all construction was done with permits and met the City's requirements at that time, and is continues to do so by bringing this application before the Planning Commission today. City Planner Davis stated that he received correspondence from a neighbor to the west of the subject site expressing support of the project. Chairman Lujan called for disclosures. Commissioner Rodriquez disclosed that he was on site on October 3, 2015, for approximately 1 -'/2 hours. Vice Chairman Flores disclosed that he received a phone call from one of the neighbors regarding informational procedures of the Commission and how things are conducted. Applicant Tom Morris, representing the Treat Family Trust, 5339 Willowick Drive, Anaheim, 92807, presented the Commissioners with a handout to follow as he discussed the history of the property which included the following: • Photos of the subject site; • Construction of the addition; • Access to the garage and questioned the access of garage as being an apron and not a driveway; • History of the 1984 action initiated by the City and the Treat family's decision to comply; • Potential impact to property values; • Loss of the sale of the property; • Other properties in the area exist with the same problem; • Negative impacts to parking in the community; • A petition signed by neighbors to maintain the parking, therefore will not set a precedence for others in the community; • Potential buyers do not like homes that have alley access for safety reasons as well as street sweeping issues. Speaking in favor: Carol Sackle [sic], Realtor, 10119 Muroc St., Bellflower, discussed the negative impacts of alley access to the sale of a home regarding safety issues. Another issue is that of street sweeping due to a lack of parking. Ms. Sample stated that losing the driveway is detrimental to the sale of -3- Planning Commission Minutes October 7, 2015 the property and said she is aware of an example of another situation on Nada St. John Bastian [sic], 8628 Fontana, stated that he is new to the area and is in favor because of the dangers involving the alley access. He said that he believes it to be unsafe and there is nowhere to walk or allow for handicap access. Chairman Lujan called for staff's recommendation. City Planner Davis stated based on the analysis contained in this report, staff believes that none of the six (6) findings required to approve a variance can be made in a positive manner. As such, staff recommends that the Planning Commission adopt a resolution denying PLN -15- 00161. Chairman Lujan closed the public hearing. Commissioner Rodriguez thanked staff and Mr. Morris for their presentations and agreed that the alley is not safe. There is a problem with accessibility, taking away parking is detrimental to the area and he believes half of the houses have the same situation. In his opinion the driveway is appealing, and taking it away would harm the neighbors and does not believe this variance will set precedence in the area and explained how he believes the findings can be met to approve the request. Commissioner Morales stated that from a land use standpoint, the non - conformity is very clear. He explained that the project cannot be looked at based on the economic aspects, and in this case you cannot make the findings from a land use standpoint. He understands the economic losses due to the displeasures of potential buyers, nonetheless, looking through the aerials, there are 11 properties that rely strictly on alley access and it makes it difficult to make the findings when the other properties have not had the pleasure of enjoying the conditions of the property that the applicant has enjoyed since 1985. It is unclear as to why the Planning Commission, at the time, granted the variance to allow two access points. He has compassion on personal level; however, the findings cannot be made to support the request. Vice Chairman Flores thanked staff and Mr. Morris for their presentations, and to the members of the community who appeared to speak. He said that he agreed with Commissioner Morales in this being a difficult decision to make; on a personal level you would like to say yes, however, he could not because he cannot make a single finding to approve the request. The approval for the variance was based on the condition, and the option was given to the applicant to accept or bring it to conformity. The applicant accepted the condition and they must abide by it. He expressed concern that granting the variance would set precedence for other properties in the area, and cannot grant the variance based on the facts. Chairman Lujan stated that this is a sensitive case and difficult; there is a desire to be fair, yet they have to comply with the City standards. He said that by granting the variance, they will set a precedence to give the same opportunity to others. Commissioner Rodriguez disagreed with his fellow Commissioners and reiterated the need for parking in the area and believes denying the request is unfair and would be a disservice to the area. -4- Planning Commission Minutes October 7, 2015 It was moved by Commissioner Morales, seconded by Vice Chairman Flores, and passed by a 3 -1 -1 vote, with Commissioner Owens absent, and Commissioner Rodriguez voting no, to adopt Resolution 15 -2942, thereby denying the request for a Variance (PLN -15- 00161). 2. PLN -15 -00169 (Revision to a Conditional Use Permit): Chairman Lujan opened the public hearing for PLN -15- 00169, and Ms. Cavanagh affirmed proof of publication. Associate Planner Jessica Flores gave a brief PowerPoint presentation of the request to modify an existing conditional use permit (revision a to PLN -11- 00098) to allow a 1,200 sq. ft. expansion to an existing 1,200 sq. ft. tanning salon, totaling 2,400 sq. ft., located at 9964 -9968 Lakewood Boulevard and zoned C -2 (General Commercial). Ms. Flores reviewed the subject site and the surrounding uses, which included Single - Family Residential uses to the north, east and west, with General Commercial uses to the south. The subject site is improved with a one - story inline multi- tenant commercial building, which contains a variety of retail, and office uses. The applicant currently occupies and operates an existing tanning salon, previously approved per Resolution No. 11 -2716, to operate within a 1,200 sq. ft. tenant space located at 9968 Lakewood Boulevard. The applicant is requesting approval to modify their conditional use permit to allow the tanning salon to expand into the 1,200 sq. ft. adjacent space located at 9964 Lakewood Boulevard, which was previously used as office space. The applicant proposes to use the existing offices as individual service rooms for traditional tanning beds, spray tan booths, stand -up tanning booths, a leg tanning booth, waxing rooms and a body wrap room. The proposed hours of operation are as follows: • Monday through Thursday - 10:00 a.m. to 8:00 p.m. • Friday— 10:00 a.m. to 7:00 p.m. • Saturday- 10:00 a.m. to 6:00 p.m. • Sunday— 10:00 a.m. to 3:00 p.m. Associate Planner Flores stated that during the meeting of the Development Review Committee (DRC), the Police Department advised staff that there have been no incidents at this location, and together with Planning, Building & Safety, Fire and Public Works, recommended standard conditions of approval. Vice Chairman Flores asked if there were changes to the hours of operation, to which Associate Planner Flores stated that there are minimal changes to the hours of operation, but did not have the original hours in front of her. Chairman Lujan called for disclosures, to which there were none. Applicant Flower Huizar, 8420 Erickson, Pico Rivera, stated that she was present to answer any questions they might have. Vice Chairman Flores asked Ms. Huizar what are the current hours of operation, and if she uses music. Ms. Huizar replied that the current hours of operation are Monday through Thursday - 10:00 a.m. to 8:00 p.m.; Friday - 10:00 a.m. to 7:00 p.m.; Saturday - 10:00 a.m. to 6:00 p.m.; and Sunday 10:00 a.m. to 3:00 p.m. Ms. Huizar said that they operate with ambient music at a low volume to allow conversation with clients. -5- Planning Commission Minutes October 7, 2015 Commissioner Rodriguez asked for clarification between the different types of tanning booths, to which Ms. Huizar explained that one type uses light and others are sprayed on. Chairman Lujan called for correspondence; there being none, he called for staff's recommendations. Associate Planner Flores stated that staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN -15- 00169, subject to the conditions of approval as stated in Exhibit A of the Planning Commission Resolution. Chairman Lujan closed the public hearing. The Commissioners thanked staff for a very informative presentation and had no issues with the expansion. They said that it is good to see a business thriving and wished the applicant success. It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 4 -1 vote, to adopt Resolution 15 -2943, thereby approving the request for a Revision to a Conditional Use Permit (PLN -15- 00169) . NON - AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 3. PLN -15 -00178 (Final Map No. 72313) 9306 Gallatin Road: A request for final approval of final parcel map No. 72313 to subdivide a parcel into three lots. 4. Approval of the Minutes from September 16, 2015 It was moved by Commissioner Rodriguez, seconded by Vice Chairman Flores, and passed by a 4 -1 vote, with Vice Chairman Flores abstaining from item No. 4, thereby approving the Consent Calendar. OTHER BUSINESS: Commissioner Rodriguez commented on the lack of lighting on Lakewood Blvd., to which Director Schindler replied that he will contact the Public Works Department to look into it. Chairman Lujan asked for an update on the progress of the new Promenade Shopping Center, to which he stated that the project will be completed in phases, beginning with the Lazy Dog Restaurant opening the end of November, followed by other restaurants such as the Green Olive, Jersey Mikes, Mod Pizza, Chipotle, Panera, and Fresh Griller. Director Schindler stated that they currently have 70 percent occupancy, and the entire project is estimated to be completed by June, 2016. STAFF MEMBER COMMENTS: None. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 7:58 p.m., to Wednesday, October 21, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. W-2 Planning Commission Minutes October 7, 2015 APPROVED AND ADOPTED this 4t" day of November, 2015. ector I_uj `n, Cfiqfrman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 4t" day of November, 2015, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: 7- Mary Cavanagh, Secretary City Planning Commission