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HomeMy WebLinkAbout4. PC Draft Minutes - 10-19-16 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, OCTOBER 19, 2016 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Flores called the October 19, 2016, Regular Meeting of the Planning Commission to order at 6:31 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 Sonya Meacham, Director of Parks and Recreation Yvette Abich Garcia, City Attorney William E. Davis, City Planner Monica Esparza, Associate Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Commissioner Morales requested a referral to the Traffic Commission in response to calls from residents requesting a four-way stop sign at the intersection of Dinsdale Street and Tecum Road due to cars traveling at high speeds causing accidents. Chairman Flores announced the Stay Gallery will be hosting an event to celebrate their fourth anniversary next Thursday and invited the Commission and members of the audience to attend. Vice Chairman Rodriguez made inquiries regarding the fencing along the KB Homes project. Commissioner Owens inquired as to the appropriate displaying of campaign signage and disposal once the election is over. Director of Community Development Aldo Schindler advised the Commissioners to contact Code Enforcement for any signs that have not been removed, and referred the displaying of signage to the City Attorney as election signs are listed under the Municipal Code. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: Director of Community Development Schindler reported that the City Council approved the following two items: 1) the introduction of the ordinance for a condominium development at 7940 Telegraph Road, and 2) a zone change for a condominium development at 8104 Stewart & Gray Road. PUBLIC HEARINGS: 1. PLN-16-00241(Special Event Permit): Chairman Flores opened the public hearing for PLN-16-00241 and Ms. Cavanagh affirmed proof of publication. Planning Commission Minutes October 19, 2016 - 2 - Assistant Planner Kevin Nguyen presented the request by Desert Reign Church to allow a “Halloween Festival” event, which will include carnival games and bouncers on Monday, October 31, 2016, from 5:30 p.m. to 8:30 p.m. in the parking lot of the church property, located at 11610 Lakewood Blvd. No alcoholic beverages will be served. The Commissioners reviewed the procedures for clean-up after the event, restroom facilities, and compared the current event to previous years’ events with staff. Disclosures: None. Applicant Joyce Rattan, Desert Reign Church Office Administrator, agreed to the conditions of approval and reviewed the parking locations and shuttle services provided for the event. Staff gave recommendation to adopt a resolution to approve the request for a special event permit. Correspondence: None. Public Comments: An unidentified speak er spoke in favor of the event. Chairman Flores closed the public hearing. The Commissioners spoke in favor of the event. It was moved by Chairman Flores, seconded by Commissioner Lujan and passed by a 5-0 vote, to adopt Resolution 16-3001, thereby approving the request for a Special Event Permit (PLN-16-00241). 2. PLN-16-00243 (Special Event Permit): Chairman Flores opened the public hearing for PLN-16-00243 and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen presented the request by Warren High School to conduct a three-day carnival on the school parking lot located at 8141 De Palma Street, on property zoned R-1 5,000 (Single- Family Residential). The proposed hours of operation are Friday, November 4, 2016, from 5:00 p.m. to 11:00 p.m. and Saturday and Sunday, November 5 and 6, 2016, from 1:00 p.m. to 11:00 p.m. The event includes carnival games, mechanical rides, food sales and live music. Mr. Nguyen reviewed the surrounding properties, which included neighborhood commercial combined with residential uses, the location of the stage, generator, and the school parking lots which provide ample parking for the event. During the meeting of the Development Review Committee (DRC), the Downey Police Department requested that the applicant provide (2) two Downey police officers and (6) six security guards on site throughout the event to be consistent with the Downey High School events. The Commissioners discussed the Downey Police Departments concerns for increased security and access to the parking lots with staff. Disclosures: None. Applicant Russ Heicke, 8141 De Palma Street Downey, Warren High School Athletic Director requested the Commission modify Condition No. 29 to reduce the required number of licensed security guards based on the history of Warren High School having no issues with the police department; the size of Warren High School events are much smaller and with no calls for service in comparison to Downey High School; and the high cost of security and police presence would reduce the amount of funds raised for this fund raising event. The Commissioners discussed the parking layout, the size of the Warren High School event and number of security guards in comparison to Downey High School, previous years’ security presence with the applicant. Planning Commission Minutes October 19, 2016 - 3 - Correspondence: None. Public Comments: An unidentified speaker spoke in favor of the event. Chairman Flores closed the public hearing. The Commissioners discussed the Downey Police Department’s precaution due to events at Downey High School; the concerns of the expense presented by the applicant, and asked if the Police Department required the security. City Planner Davis explained that is was precaution and safety measure; unfortunately, the Downey Police was not able to attend this meeting to support their viewpoint. Chairman Flores reopened the public hearing. Mr. Heicke stated that the school has volunteers and parents willing to help out, but expressed they are not security staff. The Commissioners asked if it is possible to have an identifying jacket or like for the volunteers to assist and aid with the event. The Commissioners discussed the need for conformity between the schools regarding security and the option to reduce the number of security guards with the replacement of volunteer aids. The Commissioners spoke in favor of the application and unanimously agreed to modify Condition No. 29 as follows: The owner/applicant must provide licensed security guards on-site during the duration of the event, including two (2) Downey Police Department Officers and six (6) four (4) security guards. Within ten days of the approval of PLN-16-00243, the Applicant shall obtain Downey Police Department approval of a security plan for the carnival. It was moved by Vice Chairman Rodriguez, seconded by Chairman Flores and passed by a 5-0 vote, to adopt Resolution 16-3002, thereby approving the request for a Special Event Permit (PLN-16-00243) with the modified condition of approval. 3. PLN-16-00208 (Modification to a Conditional Use Permit): Chairman Flores opened the public hearing for PLN-16-00208 and Ms. Cavanagh affirmed proof of publication. Associate Planner Monica Esparza presented the request by the Children’s Academy of Success Preschool, owned by the Action Faith Ministries Church located at 10839 La Reina Avenue, to modify their existing Conditional Use Permit No. 05-85 to expand the capacity of the children from 50 children to 86 children. Ms. Esparza reviewed the site plan and explained that the structure of the building will remain unchanged as the pre-school/daycare facility has vacant classrooms to accommodate the increase in students. The Commissioners reviewed the hours of operation, increase in capacity, the number of parking spaces and queuing for drop off and pick up locations with staff. Disclosures: Vice Chairman Rodriguez stated he drove by the parking lot midafternoon yesterday. Applicant Leticia Gomez, School Director of Children’s Academy of Success Preschool, together with David Sariñana, Pastor of Action Faith Ministries reviewed the hours of operation and the drop off and pick up procedures for the children. Correspondence: None. Public Comments: An unidentified speaker spoke in favor of the application. Planning Commission Minutes October 19, 2016 - 4 - Staff gave recommendation to adopt a resolution to approve the request for modification of a conditional use permit. Chairman Flores closed the public hearing. The Commissioners spoke in favor of the application. It was moved by Commissioner Lujan, seconded by Vice Chairman Rodriguez, and passed by a 5-0 vote, to adopt Resolution 16-3003, thereby approving the request for a Modification to a Conditional Use Permit (PLN-16-00208). 4. PLN-16-00219 (Conditional Use Permit): Chairman Flores opened the public hearing for PLN-16- 00219 and Ms. Cavanagh affirmed proof of publication. Associate Planner Monica Esparza presented the request for a conditional use permit to allow a restaurant to operate with a State of California, Department of Alcoholic Beverage Control (ABC) Type 41 (On-site beer and wine – Eating place) license at “Toppings Custom Fired Pizza”, located at 9500 Lakewood Boulevard (“The Commons at Gallatin”) and zoned (C-2 General Commercial). The Commissioners reviewed the regulations for alcohol consumption in the patio area. Disclosures: None. Applicant Nicholas Chen, 9500 Lakewood Boulevard, Downey, requested a modification to Condition No. 6, to extend the hours of operation to close at midnight, (7) seven days a week. The Commissioners reviewed the following with staff: the entrances and exits; the fire pit; and the request to extend the closing hours; and the hours of operation of restaurants surrounding the subject site with consideration of the neighbors to the east who have expressed concerns to their quality of life. Correspondence: None. Public Comments: An unidentified speaker spoke in favor of restaurant. Staff gave recommendation to adopt a resolution to approve the request for a conditional use permit. Chairman Flores closed the public hearing. The Commissioners discussed the request to extend the hours of operation with consideration of proximity of the restaurant to the neighbors and surrounding businesses open beyond midnight, and unanimously agreed to approve the request to extend the hours of operation to midnight. It was moved by Vice Chairman Rodriguez, seconded Chairman Flores, and passed by a 5-0 vote, to adopt Resolution 16-3004, thereby approving the request for a Conditional Use Permit (PLN-16-00219) with the modified condition as noted. NON-AGENDA PUBLIC COMMENTS: An unidentified speaker commented on the first amendment rights, housing, parking concerns and government officials. CONSENT CALENDAR ITEMS: 5. PLN-16-00018 (Final Tentative Tract Map NO. 74082): 8104 Stewart & Gray Road. 6. Minutes from June 1, 2016 Planning Commission Minutes October 19, 2016 - 5 - It was moved by Chairman Flores, seconded by Vice Chairman Rodriguez and passed by a 5-0, to approve the Consent Calendar. OTHER BUSINESS: 7. PLN-16-00248 (Parks & Open Space Master Plan and General Plan Consistency Finding): A presentation of the Parks and Open Spaces Master Plan and a request to find that it is consistent with the General Plan. Sonya Meacham, Director of Parks and Recreation, introduced Consultant Robert J. Mueting of RJM Design Group and gave a brief history of Mr. Mueting’s 30 years’ experience in multidisciplinary planning and landscape architectural design with public agencies and organizations. Robert J. Mueting, RJM Design Group gave a PowerPoint presentation of the Parks and Open Spaces Master Plan. Vice Chairman Rodriguez commented on the need for walking trails and connectivity paths. Public Comments: An unidentified speaker commented on their being little discussion on ADA compliance for the Masterplan. City Attorney Yvette Garcia addressed the ADA compliance concerns regarding the current ADA compliance program and the steps to file a grievance with the City’s ADA Coordinator and links on the City of Downey website; including the most recent steps the City is taking which has begun with the recent hiring of an ADA Consultant to begin the process. It was moved by Vice Chairman Rodriguez, seconded Owens, and passed by a 5-0 vote, to adopt Resolution 16-3008, thereby finding the Parks and Open Spaces Master Plan is consistent with the General Plan (PLN-16-00248). STAFF MEMBER COMMENTS: None. ADJOURNMENT: With no further business to discuss, Chairman Flores adjourned the meeting at 8:58 p.m., to Wednesday, November 2, 2016, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 1st day of March, 2017. Jim Rodriguez, 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 1st day of March, 2017, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission