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HomeMy WebLinkAboutPC Minutes 09-20-17MINUTES 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 Rodriguez, 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 Perm!!J: 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 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 4"tZT41afiopial See"tyo � 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. PL,N-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 -2- deduction of public right of way for a future sidewalk. 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. -3- Chairman Rodriguez called for a discussion on the motion. 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 -4- adopt Resolution No. 17-3034, thereby approving the Conditional Use Permit (PLN -17-00132). NON -AGENDA PUBLIC COMMENTS: None. 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. Rodriguez, CWman 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: Rodriguez, Owens, Dominguez and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Flores ABSTAIN: COMMISSIONERS: None 4 Mary C V nagh, Secretar City Plahfiing Commission -5-