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HomeMy WebLinkAboutPC Minutes 09-21-16PC MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, SEPTEMBER 21, 2016 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Flores called the September 21, 2016, Regular Meeting of the Planning Commission to order at 6:38 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 Louis Morales, District 3 Matias Flores, District 4, Chairman Jim Rodriguez, District 5, Vice 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 Guillermo Arreola, Senior Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL: Director of Community Development Aldo Schindler reported the City Council approved the YMCA's annual use of 9066 Firestone Blvd. for their Christmas tree lot. PUBLIC HEARINGS: 1. PLN -16-00192 Conditional Use Permit): Chairman Flores opened the public hearing for PLN -16- 00192 and Ms. Cavanagh affirmed proof of publication. Senior Planner Guillermo Arreola presented the request to allow a new foot massage establishment (Panda Foot Massage), at 8847 Imperial Hwy., zoned C-2 (General Commercial). The Commissioners reviewed the hours of operation and the numbers of employees. Disclosures: None. Applicant, Youchang Dai, was present with unidentified female interpreter. Commissioner Morales asked if the applicant has other similar locations in the area, to which the interpreter responded, no, this will be his first. Chairman Flores asked Mr. Dai if he read and agreed to the conditions of approval. The interpreter informed the Commissioners Mr. Dai had not read the conditions and attempted to review them with him. Planning Commission Minutes September 21, 2016 Chairman Flores called for a break at 6:48 p.m. to allow the applicant time to review the conditions of approval. The meeting was reconvened at 6:54 p.m. Mr. Dai and his interpreter confirmed that he read and agreed to the conditions of approval. The Commissioners discussed the operational procedures with the applicant. Correspondence: None. An unidentified speaker spoke in support of the project. Staff recommended the Planning Commission adopt a resolution to approve the request for a conditional use permit, subject to the conditions of approval. 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 4-0 vote, to adopt Resolution 16-2994, thereby approving the request for a Conditional Use Permit (PLN -16-00192). 2. PLN -16-00122 (Tentative Tract Map No. 74254. Zone Change, Site Plan Review and Variance): Chairman Flores opened the public hearing for PLN -16-00122 and Ms. Cavanagh affirmed proof of publication. Senior Planner Guillermo Arreola presented the request to allow the construction of 39 residential condominium units (Telegraph Homes), on property located at 7940 Telegraph Road and zoned C-2 (General Commercial) and P -B (Parking Buffer). He reviewed the site plan, landscape plan, variance and explained that the tentative tract map and zone change comply with the General Plan. He discussed the aesthetics, architectural design and reviewed the subject site and its surroundings. The Commissioners reviewed setbacks, vehicle entrance and exits, landscape and parking requirements and examples for the roof top trees as described on an Urban Forest Nursery print out. Disclosures: Vice Chairman Rodriguez walked the site with the applicant on May 12, 2016 and discussed the alleyway and visited another completed project, and a phone conversation yesterday, which was a follow-up discussion of the site visit. Commissioner Morales met the applicant for a site visit to see how it was related to the surrounding properties during its previous use as a parking lot and who might have used the lot. He did not recall the date of the visit. They also looked at the wall in the alley. Applicant/Consultant Curtis Canon [sic], 1416 Bentley Ct., San Dimas, Ca., representing owner Tony Abboud and the Downey based company Florence Homes. He gave a brief background of the business and examples of condominium projects constructed by Florence Homes within the cities of Downey, Bellflower and Pico Rivera. He discussed the benefits of developing the project for the City of Downey. Designer Frias Jamal 744 Maple St., Bellflower, CA reviewed the elevations, landscape plans and setbacks. He explained the setback is designed to allow the maximum separation from residential neighbors. In response to the Commissions he will have a landscape architect to replace the rooftop trees as shown in the site plan. He reviewed the landscape requirements and parkway setbacks. Tony Abboud, Owner/CEO Florence Homes, 8141 E. Second St. Downey, thanked the Commissioners -2- Planning Commission Minutes and staff and spoke in favor of the project. September 21, 2016 Correspondence: Staff received one written correspondence today speaking in favor with reservations. City Attorney Yvette Garcia gave the Commissioners and staff direction in providing the applicant with written correspondence. Staff provided the applicant with a copy of the written correspondence and the Urban Forest Nursery print out. Speaking in favor: Mike Martin, 41 year Downey resident, spoke highly of the applicant and in favor of the project. Speaking in opposition: The unidentified speaker expressed concerns with parking requirements and ADA compliance. Silvia Medina, 7840 Birchcrest Road, Downey, expressed concerns regarding parking issues and increase of trash on the street. The Commissioners discussed the parking requirements, HOA monitoring of proper use of garage parking. Michael Montano, 7833 Birchcrest Road, Downey, expressed concerns with an increase in traffic and parking. The Commissioners discussed options for parking on Telegraph Road with staff. Isela Obando [sic] expressed concerns regarding privacy, noise pollution and questioned the alley access into her home. Frias Jamal, stated that the project will be built according to Code and will be ADA compliant with handicap parking and ADA accessibility per Code with all amenities and wheel chair accessible. He believes the building and trees will act as a buffer to reduce the noise from Telegraph Road. He believes the neighbors will have their privacy as the buildings will be 70 feet away from the closest neighbor, with only four units facing residential neighbors. Staff recommended the Planning Commission adopt a resolution to approve the request for a Tentative Tract Map No. 74254, Zone Change, Site Plan Review and Variance, subject to the conditions of approval. Chairman Flores closed the public hearing. The Commissioners spoke in favor of the project. It was moved by Vice Chairman Rodriguez, seconded by Commissioner Morales, and passed by a 4-0 vote, to adopt Resolution 16-2995, thereby approving (PLN -16-00122). Chairman Flores called for a recess at 8:38p.m. and reconvened the meeting at 8:50 p.m. 3. PLN -14-00210 (General Plan Amendment, Zone Change, Tentative Tract Map No. 74567, Site Plan Review and Mitigated Negative_ Declaration): Chairman Flores opened the public hearing for PLN -14-00210, and Ms. Cavanagh affirmed proof of publication. -3- Planning Commission Minutes September 21, 2016 City Planner William Davis presented the request to approve a General Plan Amendment and Zone Change at 9525-9601 Firestone Boulevard, 11016-11100 Pangborn Ave, and 11017-11121 Newville Avenue, and a Tentative Tract Map No. 74567 and Site Plan Review for the subdivision of 9553 Firestone Blvd to allow the construction of a 24 -unit condominium project with a private driveway, and the adoption of a Mitigated Negative Declaration of Environmental Impacts (MND), on properties located at 9525-9601 Firestone Boulevard, 11016-11100 Pangborn Ave, and 11017-11121 Newville Avenue. City Planner Davis reviewed the history of the long vacant parcels and explained the difficulty in developing the individual parcels. He reviewed each proposal and gave a brief summary of each entitlement in order to construct the 12 three-story structures, each consisting of two 2,200 sq. ft. units with garages. Although the MND shows construction of 26 units, the applicant scaled the project back to 24 units. Correspondence: Staff received correspondence from two nearby apartment complexes in favor of the project. They spoke of the impact the Firestone Improvement Project has had on their tenants and asked that the Commission take the residents into consideration regarding the construction of the project. The Commissioners discussed the hours of construction as noted in the conditions and requested by the L'Abri mgmt. correspondence to reduce the hours to 8 a.m. to 6 p.m. with reasonable notification before construction begins, visual screen wrapping surrounding the construction site and potential noise issues. Disclosures: Vice Chairman Rodriguez drove and walked the site and area yesterday. Applicant/Architect Samir Jazzi, 24639 Rancho Parkway South, Lake Forrest, CA, spoke of the trials in the twelve years in planning this project and finding the solution to develop this property. He spoke of the architectural village design, with a single family residential feel, to create a cozy community. Speaking in favor: Mike Martin, 41 year Downey resident, advised the Commissioners that his comments in support of the previous project was in error. He was present to support this project and the applicant and owner for this project, speaking highly of owner Mohammad Assam. Danielle Ferraro speaking on behalf of brother Steven Ferraro, 11016, 11018 and 11020 Pangborn Ave. Read a letter from the resident into record speaking in favor of the project, which would allow him to make improvements on his own property. The unidentified speaker spoke in favor of the project and expressed concerns regarding ADA compliance during the construction of the project. Jeff Patterson, 7969 Harper Avenue, Assam near a project recently completed. He spoke very highly of the applicant, his employees and their professional work ethic. Jesus Vasquez, 7925 Harper Avenue, stated he is next to the house that Mr. Patterson spoke of. Mr. Vasquez, commented on his professionalism, they never had problems, if there were any, he took care of them immediately and his kindness in assisting his elderly father with a project at no charge. Cindy Galindo, 9853 Birchdale Avenue, spoke in favor of the project as a business owner of 9434 Firestone Blvd. She commended the City on its improvements to Firestone Blvd., stated that rendition presented will be a remarkable change and will upgrade Firestone Blvd. Jim Derry, Century 21 Real Estate, Downey spoke in favor of the project on behalf of himself and his broker Steve Roberson, who was not able to attend the meeting. They both reviewed the project and find that the location and affordability will meet the need for affordable housing for young working people in the City. -4- Planning Commission Minutes September 21, 2016 Vice Chairman Rodriguez introduced Jim Derry as a pillar in the community and Chairman of the YMCA, and thanked him for attending the meeting. Staff's recommendation is: 1. Adopt a resolution recommending that the City Council approve an amendment to the General Plan by approving PLN 14-00210 (General Plan amendment and zone change); 2. Staff also recommends that the Planning Commission adopt a resolution approving PLN -16-00196 (Tentative Tract Map No. 74567 and Site Plan Review), and to adopt a Mitigated Negative Declaration. The Commissioners discussed the following modifications to the conditions of approval: Condition No. 28 The smA north, east and west property line shall have a 6' decorative block or stucco wall. The wall shall have a stone or a rolled stucco cap. Prior to the construction of the wall, the applicant shall obtain City Planner approval of the color, style and type of the materials used. Condition No. 29 MM -NOISE -1:(4) • The project shall be in compliance with the City of Downey's Municipal Code. Construction shall occur on weekdays between the hours of 7:00 a.m. and "0 7:00 p.m. Condition No. 1 The approval of PLN -16-00196 (Tentative Tract Map No. 74567 and Site Plan Review) allows for the construction of a of 24 -unit condominium development, contingent upon the City Council's approval of PLN -14-00210 (General Plan Amendment and Zone Change). This approval also includes all common open space areas and the accessary structures contained therein. The Commissioners spoke in favor of the project, the motivation behind the project, the improvement to the site, the zone change improving other residents in the area and discussed modifying the conditions of approval pertaining to the construction hours on Saturdays. Vice Chairman Rodriguez read the correspondence from L'Abri Mgmt. regarding and dust screens surrounding the property. City Attorney Garcia gave the Commissioners direction on the process to amend the City Code in order to change the hours of construction to comply with the request made by L'Abri Mgmt. Director of Community Development Schindler discussed screening and fencing the property during construction with the Commissioners. Chairman Flores reopened the public hearing. Mr. Samir Jazzi, stated that they will be good neighbors. He asked that the Commissioners also take the workers into consideration as most come from far away, and for them, starting at 7:00 is sometimes late. He suggested a compromise in that they would not generate noise above ambient level for Firestone Blvd. during the early hours. He agreed to stopping the hours of construction at 6:00 p.m. and adding vinyl to the construction fencing. -5- Planning Commission Minutes Condition No. 8 September 21, 2016 Construction hours shall be limited to 7:00 a.m. to =7�1W 6:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m., Saturdays. There shall be no construction on the site outside of these hours. It was moved by Commissioner Morales and seconded Vice Chairman Rodriguez, and passed by a 4-0 vote, to adopt Resolution 16-2996, with modified conditions as stated. It was moved by Commissioner Morales and seconded Vice Chairman Rodriguez, and passed by a 4-0 vote, to adopt Resolution 16-2997, with modified conditions as stated. NON -AGENDA PUBLIC COMMENTS: An unidentified speaker spoke against the upcoming November ballot and ADA grievances. CONSENT CALENDAR ITEMS: 4. PLN -16-00228 tFinal Tract Map) —A request for approval of Final Tract Map No. 72992 to combine three lots into a single parcel, on property located at 8603 Imperial Highway. 5. Approval of the Minutes from April 6, 2016 It was moved by Commissioner Morales and seconded Vice Chairman Rodriguez, and passed by a 4-0 vote, to approve the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director of Community Development Schindler informed the Commission of the first Downtown Downey Parking Stakeholders Meeting that took place on September 15, 2016 with 17 people in attendance which will be followed by two subsequent meetings. There will be a first time home buyer's seminar on Saturday at 12 noon at the Barbara J. Riley Senior Center. ADJOURNMENT: Chairman Flores adjourned the meeting at 10:25 p.m., to Wednesday, October 5, 2016, at 10:25 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 4th day of January, 2017. atlas 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 4th day of January, 2017, by the following vote: AYES: COMMISSIONERS; Flores, Rodriguez, Morales and Owens ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Mary C vanagh, Secre# City Planning Commission