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HomeMy WebLinkAbout2. Draft Minutes - 01-17-18DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JANUARY 17, 2018 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Vice Chairman Owens called the January 17, 2018, Regular Meeting of the Planning Commission to order at 6:30 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Miguel Duarte, District 1 Patrick Owens, District 2, Vice Chairman Steven Dominguez, District 3 Matias Flores, District 4 COMMISSIONERS ABSENT: Jim Rodríguez, District 5, Chairman OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Guillermo Arreola, Principal Planner Monica Esparza, Senior Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Commissioner Dominguez spoke of an Army Community Relations Team Workshop with the Los Angeles Battalion Chapter in Santa Monica. He informed the Commission that on February 22, 2018, St. Pius X - St. Matthias Academy will be hosting a “Military Career Day” for Downey High Schools. All branches of the military, including West Point Academy will be represented, with an anticipated 500 or more students in attendance. The emphasis is to establish a career path for secondary education and promote educational opportunities that are available through all branches of the military. The students will have the opportunity to enroll in free training programs such as A.C.T, S.A.T and S.T.E.M. It is very fortunate to have this event here and it comes through the efforts of Mario Guerra (former Mayor) and Mayor Pro Tem, Rick Rodriguez. Vice Chairman Owens requested a future agenda item to discuss the results of a report he received in response to a request he made to staff at a previous meeting regarding calls for service to the Police Department in the downtown area. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL: Director of Community Development Schindler reported that at the last Council meeting, the City Council discussed an analysis provided to them by staff regarding scope of work, time, and the amount of money it would take to do a study on lot splits and mansionization. The info that was provided to Council was that it would take a year to do the study, at a cost of approximately $85,000. The Council directed staff obtain proposals to procure the services of an outside firm that can conduct an analysis on mansionization. Staff is working to put together the Request for Proposals; it is estimated be distributed next week, so as to have something before the City Council within 90 days. - 2 - PUBLIC HEARINGS: 1. PLN-17-00115 (Site Plan Review ): Vice Chairman Owens opened the public hearing for PLN-17-00115 and Ms. Cavanagh affirmed proof of publication. Senior Planner Monica Esparza gave a PowerPoint presentation of the request for a Site Plan Review, to allow the construction of a second story addition, a covered roof deck, and façade modifications to an existing building, on property located at 11100 Downey Avenue and zoned DDSP (Downtown Downey Specific Plan). The subject site which is located on the southeast corner of Downey Avenue and 2nd Street has been vacant since 2013. Ms. Esparza reviewed the surrounding commercial uses to the north, south and west, and a residential use to the east. The proposal is a modern design with the main entrance on Downey Avenue. The project includes a 580 square-foot addition on the east side of the building; a new 776 square-foot covered outdoor rooftop dining area on the west side of the building; a new 150 square- feet of outdoor dining area on the north side of the building along Second Avenue; and a new 53 square- foot dining area is along the west side of the building facing Downey Avenue. The design includes roll-up and accordion windows that will remain open during business hours, and can close in inclement weather. The City’s Development Review Committee reviewed the project and expressed concerns about noise from the business projecting towards the residents at the Downey View Apartments. As such, staff worked with the applicant to come up with the proposed design to mitigate noise from the future business. The Commissioners discussed the layout of the two-story building and ADA requirements for the second floor dining area. Ms. Esparza advised the Commission that the structure is less than 3,000 square feet; as such it is not required to install an elevator for second floor ADA access. Disclosures: Commissioner Dominguez said he walked the area. Applicant Don Jervis, 10841 Paramount Boulevard, Suite 203, Downey, thanked staff and spoke of the length of time taken to create a positive statement for a very important corner of the City. The Commissioners discussed proposed use and if the applicant currently has a tenant; how will he make use of land/alley way, and is parking an option. Mr. Jervis informed the Commissioners that he has someone interested in opening a high end Mexican restaurant. He opined the space to the rear will likely be used for loading and unloading, deliveries and trash collection. He said he hasn’t studied the parking easements for this area. Commissioner Flores asked how long it will take for construction to be completed. Mr. Jervis stated it would take approximately six months. Correspondence: Senior Planner Esparza stated that one email was received from Mr. Emery Sipos expressing concerns regarding accessibility of Fire, trash and delivery vehicles. Ms. Esparza explained that the Fire Department advised that they do not have an issue. Concerns regarding access are a civil matter to be resolved by the property owners. Public Comments: Armando Herman discussed ADA accessibility to the second floor of the structure. Applicant’s Rebuttal: Don Jervis said he understood the concerns presented and made note that staff was very sensitive to complying with ADA regulations. Due to the location and economics, they were unable to install an elevator; however, the services offered are the same on both floors and the proposed structure is ADA compliant. Staff gave recommendation to the Planning Commission to approve the request for a Site Plan Review (PLN-17-00115). - 3 - Vice Chairman Owens closed the public hearing. Commissioner Dominguez questioned the amount of sidewalk space provided for the public, as he believed it appeared insufficient. Staff confirmed that the sidewalk meets the Code requirements for the downtown. The Commissioners spoke in favor of the project. They said they were pleased with design and rooftop cover to mitigate noise impact, meets ADA requirements without the elevator, great use for a sought after site in the downtown and fits in with the Specific Plan. It was moved by Commissioner Flores, seconded by Commissioner Dominguez, and passed by a 4-0-1 vote with Chairman Rodriguez absent; to adopt Resolution No. 17-3045, thereby approving a Site Plan Review (PLN-17-00115). Vice Chairman Owens called for a break at 7:11 p.m. and reconvened at 7:14 p.m. 2. PLN-17-00143 (Tentative Parcel Map No. 77188): Vice Chairman Owens opened the public hearing for PLN-17-00143 and Ms. Cavanagh affirmed proof of publication. Senior Planner Monica Esparza informed the Commissioners that “Exhibit C” was mistakenly left out of their packets and has been distributed to them and the public counter this evening. Ms. Esparza then gave a PowerPoint presentation of the request to divide two parcels into three single-family residential lots, on property located at 10419 Morning Avenue and zoned R-1 7,500 (Single-Family Residential). The Applicant is to develop three (3) single-family residential dwelling units accessible via a new, 36-foot-wide private street with enough space for parallel parking for 11 cars. In addition to the on-street parking, each residence is required to have a minimum two-car garage, plus the width of the driveways will accommodate two additional cars. Therefore, the subdivision can park approximately 23 cars without impacting street parking on Morning Avenue. The width of the private street also allows for a designation fire-truck turn- around. The City’s Development Review Committee reviewed the project and the Planning Division previously had concerns regarding guest parking for the proposed residences and how that may affect street parking on Morning Avenue. Following the redesign of the map to accommodate the minimum width of the private street, these concerns have been mitigated. Therefore, standard conditions of approval have been provided. No other departments had any concerns. Commissioner Flores asked if the application was to approve structures or the subdivision only, to which staff confirmed the application, is for the subdivision only; the structure would be approved as a ministerial action, as long as it complied with the City’s Code. The Commissioners reviewed the average lot sizes in the area, R-1 Zoning height restrictions and parking requirements with staff. Disclosures: Commissioner Dominguez stated he walks passed the subject site regularly, two to three times a week and today at 2:00 p.m. He spoke to people in the area that expressed their opposition, but are not in the audience today. Applicant Cass Lombardo, Creative Advisory Services, P.O. Box 708 Downey CA, 90241, representing owners, Dr. Jose and Maria Lara. Mr. Lombardo gave a brief history of his experience working with his family in developing custom homes throughout the City of Downey since the 1980s. He stated that the house had fallen into disrepair over the years and must be demolished. The applicant will be dividing into three parcels instead of the four allowed due to the rear parcel causing a land lock issue. The intent is to construct a new single-story 4,000 square foot home on the front parcel and two (2) two-story homes at the rear approximately 3,000 to 3,500 square feet in size. - 4 - Correspondence: Staff received one email in opposition marked as Exhibit “C” as mentioned earlier. Public Comments: Gerald Wheeler, 7845 Farm Street, spoke in opposition of the project due to privacy concerns. He stated the driveway of the development would be along 200 feet of his back fence and a two story house will allow visibility into his back yard. He feels it is not right that the applicant is able to enhance the property at his expense and will seek legal counsel if the project is approved. Roland Felix, 10322 Morning Avenue spoke in opposition of the project. He said the lot is unique in that it will directly affect nine (9) properties in the area. The report does not accurately reflect the width and depth for parcels two and three, and the plan shown was not posted on the website. He complained that there are parking constraints during community events and believes the parking and turnaround on the proposed private street is insufficient. He found the proposed two story homes to be inconsistent with the community and suggested the Commission prepare a study on how these types of lot splits occur. Mr. Felix said he had an email that was sent from a neighbor and he also sent an email in December, but they were not included in the report or mentioned tonight, and did speak to Ms. Esparza about it. He concurred with Commissioner Dominguez and the neighbors who are vehemently opposed to this project. Mr. Felix suggested that an environmental study should be done in spite of the project’s CEQA exemption; the reason being that raising a property and disturbing the soil will cause environmental issues. He also believes there will be damage to the surrounding properties and the Southern California Edison (SCE) easements as well. Commissioner Dominguez reviewed Mr. Felix’ location in relation to the subject site and asked his opinion as to the congestion of three new homes and 23 additional vehicles coming in and out of the private street, to which Mr. Felix suggested the 23 vehicles will add to the congestion caused by the concerts in the park. Monica Ruiz, 7848 Via Amorita discussed the goal of the City promote residential development and home ownership as mentioned on page 9 of the staff report. She said the City has become congested and is overwhelmed by the number of new homes such as the KB Home 117 townhome development. Mrs. Ruiz expressed concern for her family’s privacy, as back yard faces the rear portion of the subject site. She complained that the owner is not maintaining the trees that exist facing and hanging over her yard, and suggested he repair the existing house. Mrs. Ruiz recommended that thought should be given as to what it is doing to the privacy and character of the community, and less of a focus on profit. Jose Ruiz, 7848 Via Amorita was perturbed because of the possibility of a two story home allowing visibility into his yard and invading his family’s privacy. He said there is only one or two that are two story homes that were built in the 1950s in the area. The proposed development will change the look of the neighborhood and he takes issue with losing privacy for his family and that of his surrounding neighbors. He said it a safe, close knit community, and adding mini-mansions will cause issues with safety by drawing attention to thieves, and the added cars will increase traffic. He made note that mini-mansion homes can also be rented and this size home may have two families living in each home that may have members that are not safe for the community. Francisco Ruiz, 7840 Via Amorita stated his concerns regarding privacy in having a two story structure allowing visibility into his backyard and pool. He said he’s been at the home since 1998, property owner and new the previous owner who maintained the home and property, and only fell into disrepair under the current owners. The lack of maintaining their yard has also caused problems with his orange trees and rodent infestation. He opined that splitting the property up and selling it is taking away from the character of the home. Vice Chairman Owens called for a recess at 7:59 p.m. and reconvened at 8:03 p.m. - 5 - Brian Hoff, 10420 Morning Avenue, spoke in opposition of the project, siting safety concerns for his children and other families in the neighborhood that play outdoors and ride their bikes on a regular basis. He complained of the heavy traffic that currently exists in the area and the added congestion the development would cause. Mr. Hoss suggested, the addition of these houses to the area will not benefit or improve the area, but he believes it will be a safety hazard for his and the neighborhood children in the community Nick Ruiterman, 10420 Morning Avenue, stated his opposition to the proposed homes and believes it will lower his property value and the added cars will be glaring the headlights into his property. He bought the home in 1981 and recalled the previous owners of the subject site and how well the home and property was maintained. The property owner fell into disrepair shortly after it was purchased by the Lara’s. He believes that the lack of maintenance was due to his intention to demolish and construct multiple homes from the time of purchase. He said there is no thought to devaluing the neighbors’ property. He discussed concerns with the added traffic that the development will bring, and suggested the owner sell the property to someone who would prefer restoring the home and maintaining the property. Maria Teresa Mendoza Valdovinos, 10408 Morning Avenue, lives across the street from the property and stated they did not receive notice about the project. She believes the density will impact their safety and said that there was an incident one week prior to the meeting where her husband witnessed individuals were drinking alcohol in a car outside their neighbors’ property. The next morning they found broken beer bottles in front of her property. She said having more homes and traffic will affect their safety and stated her opposition to the project. John McCoy 7859 Via Amorita stated his opposition due to concern for his neighbors and community. He said he is concerned with the size of the homes being built and believes it negatively affects the community. Armando Herman discussed easements and the need for housing. Luis Valdovinos, 10408 Morning Avenue, expressed his opposition and reiterated his wife’s comments. He reviewed the plan use and development, and said the plan for the area is low density zone and this development goes against that zoning. He and his wife purchased the home three years ago for the safety and character of the community to raise a family. He is worried that traffic will increase and disturb the outdoor family activities. Leliana McCoy, 7859 Via Amorita, stated her opposition was due to the proposed project is not in line with the aesthetics of the neighborhood, and adding 23 cars will increase traffic and causes her to be concerned for her children’s safety as they walk to and from the park. Fernando Angell, 7843 Via Amorita, stated his opposition to the project. He is concerned that there may be a two-story building that could be constructed at the site. He commented on the community being close knit and maintaining their properties. He walks the area, while his children ride their bikes, and he believes the project causes a public safety issue. He wonders how it will impact the community and asked if an impact analysis report was considered. The KB Homes was an eyesore having homes built to the sidewalk, and suggested the same problem is occurring at this site with the easement. Maricela Zuniga, 10304 Morning Avenue stated her opposition as she and her husband Jose will be impacted by the traffic, as her property is at the corner of Morning and Irwingrove. She is also concerned for the children in the community who ride their bikes through the neighborhood. Mrs. Zuniga finds the project to be a security concern, as more homes will increase crime in the neighborhood. Kim Dorio, 10616 Horley Avenue, stated she is the daughter of Mr. Wheeler of 7845 Farm Street, her childhood home. She reviewed the layout of her fathers’ property and how adding a two-story home to the subject property would directly affect the privacy of her father and his family. - 6 - Lidia Elizalde, 7903 Farm Street, spoke in opposition due to privacy issues. Mrs. Elizalde stated that her home is next door to Mr. Wheeler and she shares his concerns. She is an Army Reserve Nurse and was deployed in 2012 and her neighbor assisted in taking care of her children. She said she will be deployed in 2019 and is now concerned for their safety and privacy. She asked that the Commissioners consider the respect that they deserve for their community. Applicant’s Rebuttal: Mr. Lombardo stated that the application is for a subdivision of two existing parcels for which the City Code allows the development of two 10,000 square foot homes to be built at the site. He stressed that the impact to the community far greater if they were to develop the site to the highest and best use of the current layout that the Code allows. The proposed three homes will have a lesser impact to the community than what would be allowed, and the privacy concerns presented will be taken into consideration; they do not want to construct anything that will be peering into a neighboring pool site. Another consideration is that the Zoning Code circumvents the privacy issues regarding two story homes with setbacks and other restrictions. He offered examples of redesigning the second story windows, block wall barriers and borders that are integrated into the design to address privacy. Mr. Lombardo clarified that the intent of the private street is to alleviate traffic in the area; the number 23 pertains to the parking spaces allowed to take overflow traffic off of the main streets and onto the private street. It is not an absolute that there will be 23 vehicles in the area, but rather additional parking available. He concluded that he is willing to address each issue presented, one by one and he is here to promote the development of the community. Vice Chairman Owens closed the public hearing. Commissioner Duarte impressed upon the difficulty in making the decision. There is a struggle in being fair to the applicant to develop on a large property, while remaining consistent with the existing homes in the surrounding area. He reviewed the area and found three homes that equal the same lot size as the subject site. His concern is to stay consistent with the area and the privacy of the neighbors to the north and south. He agreed with the applicant that there are 23 parking spaces allowed and not necessarily the number of cars that will be parked. There is another issue to consider that was presented by the applicant, in that there currently exists two parcels and they would be able to construct much larger homes that would affect the density on a larger scale than what is proposed. Commissioner Flores discussed a similar subdivision on Third Street which he voted against and was overturned by the City Council. He understands the arguments made here are the same arguments made for the previous lot split. The KB Homes project did have an effect on the area, a study was done but the City Council did not solicit a moratorium. All the findings can be made here. It is physically suitable, yes; you can line up three lots on both sides that are similar. Laws have been changed to address mansionization issues; this is a sound request and within the City Code. The findings can be met for this project, and therefore he is in favor of this project. Vice Chairman Owens agreed with his fellow Commissioners, in that they must be pragmatic; considering that this project meets Code requirements. The previous rejection of the lot split in the area was overturned by City Council. He believes that the proposal does not fit the Orange Estates and that there are not too many private drives in that area. However, it appears that the applicant is committed to addressing concerns presented. The issue at hand is the subdivision of the property, not the development. He concurred that the standards in the Code will address design, privacy, and safety issues. The project meets all the findings; however, he is going to wait to hear Commissioner Dominguez’s comments and ask the City Attorney for advice onto what actions they can take. Commissioner Dominguez thanked the members of the community for attending the meeting. He said he lives in the “Orange Estates” and these are his neighbors. He discussed the Third Street and Rives Avenue lot split decision and the similarities with both houses falling into disrepair. He opposed houses being built on Third Street and although they had a win at the Planning Commission level, the City Council overturned the decision. He is still opposed. There was a moratorium and was not extended by the - 7 - Council. He questioned the intentions of the property owner for purchasing a home in the Orange Estates. If it was to raise a family in a safe environment without a freeway effect, why has that changed? Greed overcomes common sense; whether it is consistent with law or anything else, it is still greed and it is still wrong in his opinion. He is opposed to this request. He fully supports the residents that came to speak in opposition. He said Farm Street to Morning Avenue is already congested; imagine what 23 potential vehicles will do. He expressed that he was hoping to deny a finding regarding public safety, however, there are no findings that address public safety, only public health, which he clarified was pertaining to toxicity. Therefore, he is voting no based on principles. He advised the audience that if the project is denied, it goes to City Council and they would have to attend the hearing. Vice Chairman Owens asked the City Attorney for direction. City Attorney Yvette Garcia gave them direction for approving or denying the application. She described that a distant third-option would be to direct staff to work with the Applicant to redesign the proposal, but the Applicant can refuse that option. Director of Community Development Schindler pointed out that they cannot prevent them from building a two story house; the best result would be to revise the third house according to the Code. City Attorney Garcia advised the Commissioners that the homes are out of their purview; the application is for the map only. Vice Chairman Owens opened the public hearing. He asked the Applicant if they would be opposed to redesigning the project. Mr. Lombardo stated he has been working with staff since April, to redesign the project for safety, easements and there is not one ordinance that he has not conformed to. He said he will not provide a house that is not safe to the applicant and the community. Vice Chairman Owens closed the public hearing. City Attorney Garcia reviewed the options to approve or deny the application before them. Commissioner Duarte stated he was in favor of the Third Street and Rives Avenue lot split, and added that the owner cannot be told what to build. Commissioner Dominguez suggested voting no and allowing the request for a map to continue on to City Council. Director Schindler clarified that voting no does not mandate a City Council hearing. City Attorney Garcia added that the applicant may decide not to appeal the decision and build on the two lots that currently exist, which will be an over-the-counter approval. Director Schindler reminded the Commission that the two parcels are able to maintain large homes; privacy is an issue. However, you cannot get away from a two story house and they will still have to put in a private street to connect the two parcels. Commissioner Flores discussed residents’ options for appealing a Planning Commission approval of the request with Director Schindler. Staff recommended the Planning Commission adopt a resolution of approval No.18-3046. - 8 - It was moved by Commissioner Dominguez to deny the application, seconded by Vice Chairman Owens, and received a 2-2-1 vote. Commissioners Duarte and Flores voted no, with Chairman Rodriguez absent, therefore denying the project by operation of law pursuant to Downey Municipal Code Section 9804.08(a)(1), thereby directing staff to return with a resolution of denial. The meeting was recessed at 9:12 p.m. and reconvened at 9:14 p.m. NON-AGENDA PUBLIC COMMENTS: Armando Herman complained about topics outside of the Planning Commissions jurisdiction ranging from God and homosexuality to politicians and ADA compliance. Commissioner Flores asked the Vice Chair if the comments being made were appropriate and exited the Council Chambers until public comments were over. City Attorney Yvette Garcia discussed the public’s first amendment rights in using profanity and the Commissions rights to remove them if it causes an actual disruption of a meeting and rights to redirect the speakers to subject matter that falls within the jurisdiction of the Planning Commission. Commissioner Flores apologized to the Commission for leaving the Chambers and said he understands the rights of the public, he found it to be irrelevant to speak about God’s thoughts on homosexual’s preference’ in the Planning Commission meeting; however, he will follow Counsel’s advice in the future and be more courteous to the members of the Commission and to the people present. CONSENT CALENDAR ITEMS: 3. Approval of the Minutes from November 1, 2017 4. PLN-18-00002 (Final Tract Map No. 74567) 9553 Firestone Boulevard Commissioner Flores stated he was absent for the November 1, 2017 meeting and would abstain from voting. It was moved by Commissioner Dominguez, seconded by Commissioner Duarte, and passed by a 3-1-1 vote with Commissioner Flores abstaining and Chairman Rodriguez absent, to approve the Consent Calendar. OTHER BUSINESS: Election of Officers Commissioner Flores nominated Vice Chairman Owens as Chairman. It was moved by Commissioner Flores, seconded by Commissioner Dominguez, and passed by a 4-0-1 vote with Chairman Rodriguez absent, to elect Vice Chairman Owens as Chairman. Commissioner Duarte nominated Commissioner Dominguez as Vice Chairman. It was moved by Commissioner Duarte, seconded by Vice Chairman Owens, and passed by a 4-0-1 vote with Chairman Rodriguez absent, to elect Commissioner Dominguez as Vice Chairman. STAFF MEMBER COMMENTS: None. ADJOURNMENT: Vice Chairman Owens adjourned the meeting at 9:29 p.m., to Wednesday, February 7, 2018, at 6:30p.m. at Downey City Hall, 11111 Brookshire Ave. - 9 - APPROVED AND ADOPTED this 7th day of February, 2018. Patrick Owens, 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 7th day of February, 2018, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission