HomeMy WebLinkAbout8. PC Draft Minutes - 03-16-16
DRAFT MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, MARCH 16, 2016
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
Chairman Flores called the March 16, 2016, Regular Meeting of the Planning Commission to order at 6:34
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
Edwin Norris, Deputy Director of Public Works
Leslie Murray, Lieutenant Downey Police Department
Vincent Rosario, Sergeant Downey Police Department
David Blumenthal, Principal Planner
Monica Esparza, Associate Planner
Kevin Nguyen, Assistant Planner
Mary Cavanagh, Secretary
PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS: PRESENTATIONS: Vice Chairman Rodriguez requested a
discussion item for the next meeting regarding public notices for tenants.
CHANGES TO THE AGENDA: None.
REPORT ON CITY COUNCIL: None.
PUBLIC HEARINGS:
1. PLN-16-00032 (Conditional Use Permit): Chairman Flores opened the public hearing for PLN-16-
00032 and Ms. Cavanagh affirmed proof of publication.
Principal Planner Blumenthal presented the request for an off-site parking agreement for a medical office at
7800 Florence Ave. to use three (3) parking spaces on property located at 7749 Florence Ave. Staff added
a condition requiring these three (3) parking spaces will be utilized by employees of the medical clinic only.
Applicant, Ray Gonzalez spoke in favor of the application.
The Commissioners discussed the number of employees; hours of operation; and the plans for use,
signage and enforcement of the parking lots with the applicant.
Chairman Flores called for correspondence. Principal Planner Blumenthal stated none was provided.
Planning Commission Minutes March 16, 2016
- 2 -
Chairman Flores invited those in the audience who wished to speak to come forward; no one came forward
to speak; therefore, he called for staff’s recommendation. Principal Planner Blumenthal recommended the
Planning Commission approve the request for a conditional use permit, subject to the conditions of
approval.
The Commission spoke in favor of the request and commended the applicant for taking the initiative to
secure parking.
It was moved by Commissioner Lujan, seconded by Commissioner Morales, and passed by a 5-0 vote, to
adopt Resolution 16-2961, thereby approving the request for a Conditional Use Permit (PLN-16-00032).
2. PLN-16-00030 (Special Event Permit): Chairman Flores opened the public hearing for PLN-16-00030
and Ms. Cavanagh affirmed proof of publication.
Assistant Planner Nguyen presented the request by Iglesia de Cristo Church to conduct a one-day Spring
Festival, at 12145 Woodruff Avenue on property zoned C-1 (Neighborhood Commercial). The event will
take place on Saturday April 16, 2016, from 9:00 a.m. to 8:00 p.m. on the church parking lot. The proposal
includes food booths, games, jumpers, pony rides, and a stage for church members to perform. The
applicant has obtained several off-site parking agreements and will provide four (4) uniformed security and
crossing guards.
Disclosures: None.
Chairman Flores called the applicant forward to give testimony.
Applicant, Pastor Sergio Lopez and Christian Arevalo, 12145 Woodruff Avenue, addressed the
Commissioners.
Commissioner Morales asked if any parking incidents in the adjacent neighborhood had been reported.
Pastor Lopez and Christian Arevalo described their efforts to address security and parking issues.
Vice Chairman Rodriguez reviewed the security plans with Pastor Lopez and Christian Arevalo to confirm
there will be sufficient security and ushers to ensure the safety of the patrons crossing Woodruff Avenue for
the event.
Mr. Arevalo asked if they are able to make a last minute addition to the request: to add a gas powered
trackless train ride at the southwest corner of the facility of the property that occupies 37 parking spaces.
After quickly reviewing with staff, the Planning Commission denied the request due to possible impact to
the residents.
Correspondence: None.
Chairman Flores invited members of the audience to come forward and speak on the item.
Thomas Lopez, 12115 Cornuta Avenue, Downey, spoke in opposition of the application due to parking
issues on residential streets caused by the church and outside street vendors gathering on Sunday and
increasing during events.
Christian Arevalo apologized for any previous incidents and is confident the current security procedures will
prevent any further issues. He clarified that the street vendors are not part of the church or on church
property and are out of his control.
Director of Community Development Schindler stated that street vendors are not allowed in the City of
Planning Commission Minutes March 16, 2016
- 3 -
Downey. They should be reported to the Downey Police Department.
Chairman Flores closed the public hearing and called for staff’s recommendation. Assistant Planner
Nguyen recommended approval of the request, subject to conditions of approval.
The Commission agreed that the number of security guards provided by the applicant is appropriate for the
event and modified Condition No. 15 as follows:
“The owner/applicant must provide four (4) ten uniformed licensed security guards on-site for the duration
of the event.”
It was moved by Vice Chairman Rodriguez, seconded by Chairman Flores, and passed by a 5-0 vote, to
adopt Resolution 16-2962, thereby approving the request for a Special Event Permit (PLN-16-00030) with
modified conditions as stated.
6. PLN-15-00223 (Zone Change and Tentative Parcel Map No. 73791) Applicant requested a
continuance to April 6, 2016.
It was moved by Vice Chairman Rodriguez, seconded by Chairman Flores, and passed by a 5-0 vote, to
continue the request for a Zone Change and Tentative Parcel Map No. 73791 (PLN-15-00223) to the April
6, 2016 meeting.
3. PLN-14-00214 (General Plan Amendment, Zone Change, Tentative Parcel Map No. 73738, Site
Plan Review, Conditional Use Permit, Revocation of Zone Exception 929, and Mitigated Negative
Declaration): Chairman Flores opened the public hearing for PLN-14-00214, and Ms. Cavanagh
affirmed proof of publication.
City Planner Davis discussed the request to approve the following: Revoke Zone Exception Case No. 929;
a General Plan amendment to change the land use categories of the subject properties from General
Commercial and Medium Density Residential to Neighborhood Commercial; a zone change from Parking
Buffer to Neighborhood Commercial; Tentative Parcel Map No. 73738, to consolidate two lots; a conditional
use permit to allow the development of a drive-through lane; Site Plan Review of the development, design
and use standards to construct a 3,000 sq. ft. Jack In The Box Restaurant; and adopt a Mitigated Negative
Declaration of Environmental Impacts. The subject site is located at 9511 Firestone Boulevard occupied by
carpet store and a single family residence at 11104 Pangborn Avenue. Mr. Davis explained the
environmental consulting firm Dudek, prepared a Mitigated Negative Declaration.
After a brief discussion of the project, Chairman Flores called for a break at 7:55 p.m. He reconvened the
meeting at 8:02 p.m.
City Planner Davis introduced Rachel Struglia of Dudek. Ms. Struglia gave an overview of her assessment
of the project. She introduced her colleague, Traffic Engineer Keith Rutherford, Santeck, who discussed
the traffic study and reviewed his results. He the proposed project concluded that it will have minimal
impacts.
Disclosures: Chairman Flores visited the site Friday and Saturday evening and today at 4:30 p.m. and 5:00
p.m. Vice Chairman Rodriguez visited the site today at 2:00 p.m. for about one hour to take
measurements.
Chairman Flores called the Applicant forward to give testimony.
Applicant Gabriela Marks spoke in favor of the application. She reviewed the aesthetics, the site plan,
sewer and paving for the project.
Planning Commission Minutes March 16, 2016
- 4 -
Correspondence: City Planner Davis reported that staff received two letters with one containing 31
signatures in opposition of the project.
Speaking in favor:
Dennis Spellings
Basil Horar [sic]
Angelica La Soria
Mr. Thomason
Christopher Colon
Maria Sauceda, Pasadena
Comments expressed were in favor of the existing Jack in the Box management and their employees
relocating to the subject site.
Speaking Against:
Allan Korneff
Mike Ramirez
Cathy Yoltan
Jennifer Kirkwood Hurtle
Comments presented concerns regarding noise, traffic, hazardous materials, air quality, vagrants and trash
caused by restaurant customers.
Applicant’s Rebuttal:
Gabriela Marks stated that there are no hazardous materials.
Mrs. Struglia, Dudek, discussed construction & operational impacts relating to noise: the project result in
one (1) dba noise increase and construction is within designated hours. There are also Federal & State
regulations to prevent health and safety impacts during construction.
Chairman Flores called for a break at 9:31 p.m. and reconvened the meeting at 9:36 p.m.
The Commission spoke in favor of the overall project and support for those who spoke in favor of the
existing business and its employees. They discussed the mitigated negative declaration, noise issues, and
how to control conditions to address typical concerns, and said it is a good project for the area and the City.
It was moved by Vice Chairman Rodriguez, seconded by Commissioner Owens, and passed by a 5-0 vote,
to adopt Resolution 16-2963, thereby revoking Zone Exception Case No. 929.
It was moved by Vice Chairman Rodriguez, seconded by Commissioner Owens, and passed by a 5-0 vote,
to adopt Resolution 16-2964, thereby approving staff’s recommendation that the City Council adopt the
General Plan Amendment and land use categories as stated.
It was moved by Vice Chairman Rodriguez, seconded by Commissioner Owens, and passed by a 5-0 vote,
to adopt Resolution 16-2965, thereby approving the Tentative Parcel Map No. 73738.
City Planner William Davis presented the following changes as directed by the Planning Commission to:
“Condition No. 13:
Planning Commission Minutes March 16, 2016
- 5 -
The applicant shall install decorative block walls measuring six (6) seven feet (7’) in height along
the south north and east property lines.
Condition No. 14:
The Applicant shall reconstruct the Firestone Boulevard driveways of the shopping center restaurant
site to provide a radius approach. The driveway requires approvals and permits from the Downey
Public Works Department.
Condition No. 16:
The Applicant shall comply with the requirements set forth in the Downey Municipal Code post signs
to address noise and loitering on the subject site.”
It was moved by Commissioner Morales, seconded by Commissioner Lujan, and passed by a 5-0 vote, to
adopt Resolution 16-2966, thereby approving the Site Plan Review (PLN 14-00214) with conditions as
amended.
It was moved by Commissioner Lujan, seconded by Commissioner Morales, and passed by a 5-0 vote, to
adopt Resolution 16-2967, thereby approving the Conditional Use Permit (PLN 14-00214) and adopt the
Mitigated Negative Declaration of Environmental Impacts.
Director of Community Development Schindler advised the Commissioners that the applicant, Dr. Multani,
requested a continuance of public hearing Item No. 6: PLN-15-00223 (Zone Change and Tentative Parcel
Map No. 73791), to the April 6, 2016 meeting.
4. PLN-15-00240 (Revision ‘A’ to Conditional Use Permit PLN-15-00061): Chairman Flores opened
the public hearing for PLN-15-00240 and Ms. Cavanagh affirmed proof of publication.
City Planner Davis presentation the request to allow an existing restaurant (Mariscos Choix), to modify their
previously approved conditions of approval, to include the following: 1) Allow live entertainment on
weekends, in the outdoor dining area; 2) Outdoor dining area: live music to begin at 4:00 p.m. (instead of
6:00 p.m.) Thursday and Friday only; 3) Allow the use of small hand-held amplified speakers and
microphone; 4) Increase number of musicians from three (3) to four (4). Mr. Davis discussed the proposal
to amend the conditions of approval to expand the live entertainment and potential issues relating to noise.
The Commission commented on similar loud music requests to expand hours of operation in the Downtown
area and issues presented by the Downey Police Department.
Disclosers: Vice Chairman Rodriguez visited the business and shared his observations while there.
Roger Diamond, Attorney for Mariscos Choix, discussed noise and traffic issues.
Applicant Raul Gonzalez, presented data in support of his request and to dispute Downey Police
Department Incident Reports and noise complaints.
Howard Dratch, Investigator, interviewed 10 residents; they had no complaints.
The Commission remarked that most interviewees and business that are not open during the hours of live
entertainment for Mariscos Choix and some who are open were able to hear the music.
Mr. Gonzalez said he believes the investigators report was unbiased.
Chairman Flores called for a break at 11:03 p.m. and reconvened the meeting at 11:11 p.m.
Planning Commission Minutes March 16, 2016
- 6 -
Mr. Gonzalez disputed Police Reports and explained his reasons for not obtaining the appropriate Police
Permits for live entertainment.
Mr. Diamond reviewed calls for service for businesses in the Downtown area with similar uses.
Mr. Dratch disputed calls for service from a nearby nursing home, stating that the residents are unable to
make phone calls.
Sergeant Rosario and Lieutenant Murray clarified that the residents are not on lock down at the facility and
have cell phones to make their calls.
Irwin Lopez, Co-owner of Mariscos Choix, spoke in favor of the application.
Correspondence: None.
Chairman Flores closed the public hearing.
The Commission reviewed the request and agreed to approve pay-per-view, a fourth musician with
amplified music on site and added a condition requiring the applicant to provide City staff with a floor plan
of the patio area. The increase of hours for live entertainment would be denied.
City Attorney Abich Garcia advised the Commissioners the applicant would need to return to the next
meeting with Resolutions for approval and denial as stated.
Chairman Flores reopened the public hearing to reach an agreement with the applicant.
Mr. Gonzalez agreed to continue the public hearing to the April 6, 2016, meeting for the Planning
Commission’s decision on pay-per-view, a fourth musician with amplified music on site and an added
condition to provide City staff with a floor plan of the patio area; Mr. Gonzalez understood the increase of
hours for live entertainment would be denied.
Chairman Flores closed the public hearing.
It was moved by Vice Chairman Rodriguez, seconded by Chairman Flores, and passed by a 5-0 vote, to
continue PLN-15-00240 to the April 6, 2016 meeting.
5. (PLN-16-00006 (Conditional Use Permit): Chairman Flores opened the public hearing for PLN-16-
00006 and Ms. Cavanagh affirmed proof of publication.
Principal Planner Blumenthal gave a brief PowerPoint presentation of the request by Verizon Wireless has
to construct a 50’ tall wireless communication facility in the parking lot on the south (rear) side of the
Denny’s Restaurant, 8104 Firestone Blvd., zoned DDSP (Downtown Downey Specific Plan). Mr.
Blumenthal described the site characteristics and various designs of the proposed monopole. Staffs added
a condition that Verizon replace the fence with a block wall and include additional trees to blend in.
Disclosures: None.
Chairman Flores called the Applicant forward to give testimony.
Marilyn Warren with Reliant Land Services, Agent for Verizon Wireless, agreed to the conditions of
approval.
Commissioner Owens questioned the choice of pine trees by Verizon Wireless to screen the monopole.
Ms. Warren replied that she believes it is because they blend in well with the other trees.
Planning Commission Minutes March 16, 2016
- 7 -
Correspondence: Principal Planner Blumenthal stated that staff received a couple of phone calls about the
proposal.
Chairman Flores invited members of the audience who wished to speak on this item to come forward. No
one expressed a desire to speak; therefore, he closed the public hearing and called for staff’s
recommendation. Principal Planner Blumenthal recommended the Planning Commission adopt Resolution
16-2968 to approve the request for a Conditional Use Permit PLN-16-00006, subject to the conditions of
approval.
It was moved by Vice Chairman Rodriguez, seconded by Commissioner Lujan, and passed by a 5-0 vote,
to adopt Resolution 16-2968, thereby approving PLN-16-00006.
NON-AGENDA PUBLIC COMMENTS:
Peter Hardwick 9426 Stewart & Gray Rd., Downey, suggested the Planning Commission conduct Public
Comments at the beginning of the meeting. He spoke against the Planning Commission’s approval of an
entitlement for a neighboring business; stated he also spoke at another hearing regarding the matter and
asked if there was any progress.
City Attorney Abich Garcia advised Mr. Hartwick she is in contact with the property owner and explained
the multidepartment efforts.
Director of Community Development Schindler said staff is at the site daily and he should report problems
to Code Enforcement.
City Attorney Abich Garcia gave the Commissioners direction regarding this issue.
Bob Maniaci presented pictures to Secretary Cavanagh for the Commissioners. He spoke against his
tenant’s neighbor and the issues they are having.
City Attorney Abich Garcia explained The Brown Act regarding matters presented during public comments.
CONSENT CALENDAR ITEMS:
7. Approval of the Revised Adopted Minutes from February 3, 2016
Vice Chairman read into the record the following correction to the February 3, 2016 Adopted Minutes:
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 and emphasized his
desire to clarify that most uses need to be interior uses so as not to create unforeseen negative
environmental impacts from uses that may come into existence, in the future, from new
neighboring property uses.
It was moved by Chairman Flores and seconded Commissioner Morales, and passed by a 5-0 vote, to
approve the Consent Calendar with changes to the Revised Adopted Minutes from February 3, 2016 as
stated.
OTHER BUSINESS: None.
STAFF MEMBER COMMENTS:
Planning Commission Minutes March 16, 2016
- 8 -
ADJOURNMENT: Chairman Flores adjourned the meeting at 12:59 a.m., to Wednesday, April 6, 2016, at
6:30 p.m. at Downey City Hall, 11111 Brookshire Ave.
APPROVED AND ADOPTED this 7th day of September, 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 7th day of September, 2016, by the following vote:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission