HomeMy WebLinkAbout5. Draft Minutes - 09-20-17DRAFT MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, SEPTEMBER 20, 2017
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
Chairman Rodriguez called the September 20, 2017, Regular Meeting of the Planning Commission to order at
6:32 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary
Cavanagh called roll.
COMMISSIONERS PRESENT: Jim Rodríguez, District 5, Chairman
Miguel Duarte, District 1
Patrick Owens, District 2, Vice Chairman
Steven Dominguez, District 3
Matias Flores, District 4
COMMISSIONERS ABSENT: None
OTHERS PRESENT: Aldo E. Schindler, Director of Community Development
Yvette Abich Garcia, City Attorney
David Blumenthal, City Planner
Kevin Nguyen, Assistant Planner
Mary Cavanagh, Secretary
PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS: PRESENTATIONS: Vice Chairman Owens apologized to staff for
expressing his opinion harshly as it pertained to the previous meetings discussion item regarding regulations
for marijuana (Proposition 64) in the City of Downey.
CHANGES TO THE AGENDA: Director of Community Development Aldo Schindler stated public hearing
item PLN-17-00055 for a Conditional Use Permit is continued to the next meeting on October 4, 2017.
REPORT ON CITY COUNCIL: Director Schindler reported the City Council approved the annual General Plan
Progress Report.
PUBLIC HEARINGS:
1. PLN-17-00148 (Special Event Permit): Chairman Rodriguez opened the public hearing for PLN-17-00148
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 the carnival are Friday, September 29, 2017, from 5:00 p.m. to 11:00 p.m.,
Saturday, September 30, from 1:00 p.m. to 11:00 p.m. and Sunday, and October 1, 2017, from 1:00 p.m. to
10:00 p.m. The event includes carnival games, mechanical rides, two (2) fun houses and food sales. The only
amplified noise that will occur is in association with the carnival rides. Mr. Nguyen reviewed the surrounding
properties, which included neighborhood commercial combined with residential uses, the location of the
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 (during peak carnival hours) and (6) six security guards on site throughout the
event. Similar to previous years, Warren High School will hire four (4) licensed security guards to provide
security guards for the carnival, with two (2) Warren High School security guards patrolling the parking lots and
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school campus. In addition, two (2) Downey Police Department Officers will be on-site during peak carnival
hours on Friday and Saturday from 7:00 p.m. to 11:00 p.m. and on Sunday from 7:00 p.m. to 9:00 p.m.
The Commissioners discussed the following with staff: Reducing the police presence during non-peak hours at
the event and modifying the conditions of approval regarding billing for extended police response time and
removing specific name(s) of security companies from the conditions of approval.
Disclosures: None.
Applicant Russ Heicke, Warren High School Athletic Director, 8141 De Palma Street Downey, informed the
Commissioners of his presentation to the Downey Police Department to reduce the police presence, based on
the history of Warren High School having no issues with the Police Department to peak hours only. The
agreement included a condition that the school will be billed for additional costs for police officers’ time should
there be an incident during non-peak hours that requires an extended police response.
Correspondence: None.
Public Comments: None.
Staff recommended the Planning Commission approve request for a Special Event Permit (PLN-17-00148).
The Commissioners spoke in favor of the event and the applicant’s efforts in working with the Downey Police
Department to reduce their costs for the fund raising event. They discussed the applicant’s agreement with the
Downey Police Department regarding police presence and modified the conditions of approval as follows:
37. The owner/Applicant must provide (4) licensed security guards from RMI International Security
Company to provide security for the carnival, with two (2) Warren High School security guards
patrolling the parking lots and school campus. In addition, two (2) Downey Police Department
Officers will be on-site during peak carnival hours on Friday and Saturday from 7:00 p.m. to 11:00
p.m. and on Sunday from 7:00 p.m. to 9:00 p.m.
39. The owner/Applicant agrees that should there be an incident during non-peak hours that requires
an extended police response the school will be billed for the officer’s time responding to and
handling the incident.
Chairman Rodriguez closed the public hearing.
It was moved by Commissioner Flores, seconded by Commissioner Dominguez, and passed by a 5-0 vote, to
adopt Resolution No. 17-3033, thereby approving the Special Event Permit (PLN-17-00148), with modified
conditions as stated.
2. PLN-17-00121 (Tentative Parcel Map No. 74429): Chairman Rodriguez opened the public hearing for
PLN-17-00121 and Ms. Cavanagh affirmed proof of publication.
City Planner David Blumenthal gave a presentation of the request for a Tentative Parcel Map to subdivide one
residential parcel into two parcels, on property located at 7741 Third Street and zoned R-1 5,000, (Single-
Family Residential). Mr. Blumenthal reviewed the subject site and the surroundings known as the “Orange
Estates.” The applicant is proposing to demolish the existing 2,246 square foot single-family home and garage,
subdivide the parcel into two parcels and construct single-family residential dwelling units on each parcel.
The Commission questioned whether a sidewalk was proposed as part of the project. City Planner Blumenthal
provided a history of the 1969 sidewalk installation and stated that the project provides a deduction of public
right of way for a future sidewalk.
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Chairman Rodriguez asked if this lot split had the same dimensions as the lot split in 2013 that was done on
the property to the west of the site. City Planner Blumenthal stated that the lot split in 2013 had widths of
approximately 80 feet versus the 71 feet with on this application.
Chairman Rodriguez called for a break at 7:20 p.m. and called the meeting to order at 7:24 p.m.
Disclosures: Chairman Rodriguez indicated he drove by and walked the site before tonight’s’ meeting.
Commissioner Dominguez and Vice Chairman Owens said they pass by the subject site on a regular basis.
Commissioner Flores stated he drove by the site today and discussed the application in depth with his brother
who has a Masters in Urban Planning.
Applicant, Juan Gonzalo Herrera stated he intends to develop the properties and agreed to the conditions of
approval.
Chairman Rodriguez asked Mr. Herrera if he was involved in the prior lot split to the west of the property, and if
he had done previous development in this neighborhood. Mr. Herrera replied, he had not been involved in the
lot split and developed properties throughout Downey but not this specific neighborhood.
Correspondence: None.
Public Comments: None.
City Planner Blumenthal recommended the Planning Commission approve the request for a Tentative Parcel
Map No. 74429 (PLN-17-00121).
The Commissioners Comments:
Vice Chairman Owens stated that he had driven by the site, a 1940s- era ranch house that had been boarded
up a couple of years ago. He stated he would like the site to be developed with a single-family home in the
manner and character of the Orange Grove Estates. However, he didn’t see any reason not to approve the
application.
Commissioner Duarte stated he believes the findings have been met and in terms of the property current
condition, the City would benefit by new development. He indicated he would vote to approve the application.
Commissioner Flores stated he had mixed feelings about the application. He has concerns since the property
is on a corner and located in the Orange Grove Estates. He cited the increase in density in the area due to the
Downtown Specific Plan. He expressed concern that the house has sat empty but his previously stated
concerns outweigh the concern of a vacant house. He indicated that he did not feel that Finding 1 could be
made and that the project is not low density residential and stated he would vote to deny the application.
Chairman Rodriguez discussed the Low Density Residential Zone and Finding 1 and stated that the lot split
could create an impact and expressed his reservations on the project as well.
Commissioner Dominguez expressed that his thoughts were consistent with Commissioner Flores and the
Chairman Rodriguez. He indicated that he too does not believe the Finding 1 is met or that the project is
consistent with the General Plan or the Low Density Residential Zone. He expressed that the Orange Estates
neighborhood is large homes on large lots and not small homes on small lots.
Commissioner Dominguez made a motion, seconded by Flores, to deny the application as Finding 1 had not
been met, and to direct staff to return with the appropriate Resolution.
Chairman Rodriguez called for a discussion on the motion.
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Commissioner Duarte recalled a proposal on Hall Road where he had a problem with the proposed density.
However, in this case, he did not think the lot split would have a great impact on density and expressed his
support for the project.
Vice Chairman Owens indicated that he did not foresee parking impacts from two additional homes in this area
and believed that Finding 1 had been met.
Commissioner Duarte indicated that there had been no public comment adverse to the proposed project.
Commissioner Dominguez recalled the opposition to the 2013 lot split and the fact that the project was
approved over expressed opposition. He stated there had been over 100 posts on social media (Downey
Post) in opposition to the project.
Commissioner Dominguez’s final comment expressed that the length of time the property has been vacant was
not a reason to approve the project and that he did not believe two residences would be an improvement.
It was moved by Commissioner Dominguez, seconded by Commissioner Flores, and passed by a 3-2 vote,
with Vice Chairman Owens and Commissioner Duarte voting no, to deny the project and direct staff to return to
the October 4, 2017, meeting with a Resolution of denial.
3. PLN-17-00132 (Conditinal Use Permit): Chairman Rodriguez opened the public hearing for PLN-17-00132
and Ms. Cavanagh affirmed proof of publication.
City Planner David Blumenthal gave a presentation of the request for a Conditional Use Permit to allow a State
of California, Department of Alcoholic Beverage Control (ABC) Type 86 (Tasting) license at the “Trading Post”
liquor/retail store located at 9956 Lakewood Boulevard and zoned C-2 (General Commercial). The
instructional tasting of alcohol would be an accessory use to the established Type 21 license under which the
store is currently allowed to sell alcoholic beverages. The proposed instructional tasting would occur within a
10’-0” x 10’-0” area in the far right corner of the store, between the hours of 10:00 am to 9:00 pm, to customers
of legal drinking age 21 years with valid identification only.
The Commissioners reviewed the surrounding uses with staff and comparable businesses offering tasting
rooms such as BevMo, Wine Plus, and grocery stores.
Disclosures: Commissioner Flores visited the site before the meeting and spoke to the applicant and viewed
the tasting display area. He said it was small, but there was plenty of room.
Applicant/Owner, Flower Huizar agreed to the conditions of approval.
Correspondence: None.
Public Comments: None.
City Planner Blumenthal recommended the Planning Commission approve the request for a Conditional Use
Permit (PLN-17-00132).
Chairman Rodriguez closed the public hearing.
The Commissioners spoke in favor of the application calling it a good project and creative concept.
It was moved by Vice Chairman Owens, seconded by Commissioner Duarte, and passed by a 5-0 vote, to
adopt Resolution No. 17-3034, thereby approving the Conditional Use Permit (PLN-17-00132).
NON-AGENDA PUBLIC COMMENTS: None.
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CONSENT CALENDAR ITEMS:
4. Approval of the Minutes from June 7, 2017
It was moved by Commissioner Flores, seconded by Vice Chairman Owens, and passed by a 5-0 vote, to
approve the Consent Calendar.
OTHER BUSINESS: None.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT: Chairman Rodriguez adjourned the meeting at 8:13 p.m., to Wednesday, October 4, 2017,
at 6:30p.m. at Downey City Hall, 11111 Brookshire Ave.
APPROVED AND ADOPTED this 6th day of December, 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 this 6th day of December, 2017, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission