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HomeMy WebLinkAbout6. Draft Minutes - 07-18-18DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JULY 18, 2018 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Owens called the July 18, 2018, 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: Miguel Duarte, District 1 Matias Flores, District 4 Nolveris Frometa, District 5 Steven Dominguez, District 3, Vice Chairman Patrick Owens, District 2, Chairman COMMISSIONERS ABSENT: None. OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney David Blumenthal, City Planner Alfonso Hernandez, Associate Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. REPORT ON CITY COUNCIL: Director of Community Development Schindler reported the City Council approved: 1) Biomedical Overlay Study; 2) Minor Code Amendment to add Minor Commercial Recreation within the C-1 (Neighborhood Commercial) zone; 3) the City Council reversed the Planning Commission’s denial and thereby approved the request for a General Plan Amendment and Zone Change for 10221 and 10303 Downey Avenue. CHANGES TO THE AGENDA: None. PUBLIC HEARINGS: 1. PLN-18-00040 (Variance): Chairman Owens opened the public hearing for PLN-18-00040 and Ms. Cavanagh affirmed proof of publication. Associate Planner Alfonso Hernandez presented the request for a Variance to allow the encroachment into one-half (½) of the rear yard for a two-car 400 square foot garage and a 3 foot side yard setback for a 359 square foot addition, on a 36 foot wide lot on property located at 13426 Earnshaw Avenue, zoned R-1 5,000 (Single Family Residential). He reviewed the surrounding residential uses with similar lot sizes, setbacks, and the character of the neighborhood. Upon completion of the addition, the residence will be 1,105 square feet. The addition is proposed to the rear of Draft Planning Commission Minutes July 18, 2018 - 2 - the existing home with a three foot side yard setback along the north side property line (instead of the required five feet). This application was reviewed by the Development Review Committee and expresses no major concerns in opposition of the project. Associate Planner Hernandez concluded that all findings required for approval can be made in a positive manner. The Commissioners reviewed the following with staff: 1) The City Code as it pertains to the Variance; 2) setbacks and narrow lot widths in the surrounding area; 3) the exceptional character of the lot prevents the property owner from constructing a garage that conforms to the current code. Disclosures: None. Correspondence: None. Public Comments: None. Staff gave recommendation to adopt a resolution of approval of the request for a Variance (PLN-18- 00040). The Commissioners spoke in favor of the request for a Variance. It was moved by Vice Chairman Dominguez, seconded by Commissioner Flores, and passed by a 5-0 vote, to adopt Resolution 18-3061 thereby approving the request for a Variance (PLN-18-00040). 2. PLN-18-00058 (Conditional Use Permit): Chairman Owens opened the public hearing for PLN- 18-00058 and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen presented the request for approval of an off-site parking agreement between the properties located at 10441 Lakewood Boulevard, zoned C-1 (General Commercial), and 10629 Lakewood Boulevard, zoned R-1 (Single-Family Residential) and R-3 (Multi-Family Residential). The property owner at 10441 Lakewood Boulevard is proposing to establish a medical office within an existing commercial building; however, the amount of parking provided on the site is insufficient by 50 spaces in order to accommodate the proposed use. As such, the Applicant has reached an agreement with the Temple Ner Tamid, to use 50 parking spaces on their property located at 10629 Lakewood Boulevard to satisfy the minimum parking requirement. Mr. Nguyen reviewed the surrounding Commercial, Single-Family and Multi-Family Residential uses surrounding the subject sites. The Commissioners discussed the following with staff: 1) the number of parking spaces required during the temples weekend services; 2) the number of employees and staff parking requirements; 3) the Fire Department requirement regarding red curbing and Fire lane remaining open; 4) and the effect the proposed project may have on residential parking. Disclosures: Commissioner Flores disclosed he drove by and walked the area. Vice Chairman Dominguez walked to and from each site and observed the flow of traffic. Applicant Art Ashai, 2173 Lomita Boulevard #201, Lomita, CA 90717 briefly discussed the property owner’s medical background and his intent in establishing a medical office building. Based on his recommendation, the owner was able to reach an agreement to share parking with a neighboring property one block away. The applicant is also requesting the proposed pharmacy to remain open on the weekend. Dr. Jivrajka, property owner, gave a brief history of his medical background prior to his retiring. He decided to open a medical center after several of his family members opened practices in Downey, and Draft Planning Commission Minutes July 18, 2018 - 3 - would like to add a pharmacy and urgent care. Michael Barsky, representing Temple Ner Tamid, stated he is the fourth Vice President in charge of the temple’s building and facilities, and a 47 year Downey Resident. He finds the parking agreement to be perfectly suited for the applicant’s and Temple’s use, based on the hours of operation. The Temple’s services begin at 7:30 p.m. on Fridays and occasionally rented out on Saturday evenings, yet on the busiest night, the lot is not full. The board of directors had no concerns with the parking as only a small portion of the lot is utilized. Although the applicant hadn’t negotiated Saturday use; there wouldn’t be a problem because the parking lot is never fully utilized. Correspondence: Staff received (2) two phone calls and (1) one letter in opposition of the project. Dale Williamson, 10423 Tristan Drive, Downey, spoke in opposition of the parking agreement, citing significant parking concerns on Cherokee Drive. He disputed the single address 10441 Lakewood Boulevard reflected in the staff report for the proposed medical building noting the site also occupies 10445 Lakewood Boulevard and questioned the accuracy of the required number of parking spaces for both addresses. Mr. Williamson stated he measured the walking distance between the subject site(s) as 1,150 feet and does not believe the patients or employees would walk a ¼ mile for parking. He submitted aerial photos of the site(s) to Secretary Cavanagh for distribution to the Commissioners and discussed the potential impact to the residential area that is already severely impacted by the neighboring dental office, and the former preschool that occupied the subject site, which required less parking. He found the conditions of approval to be weak and concerned that the number of employees to calculate the estimated parking that had not been identified. Commissioner Dominguez asked staff if the two addresses for the subject site would require additional parking. City Planner Blumenthal explained it is possible the property may have multiple addresses, if the project is approved, it can be subdivided out to smaller tenants. The total count is based on the square footage of the building and the entitlements apply to the property as a whole, therefore, the calculation is the same no matter the number of addresses. Chairman Owens questioned the current parking situation for the business operating next to the proposed project site (Homestead and Senior Care). Mr. Ashai explained that this is an existing business that provides only home care, therefore, they do not have walk in patients and the personnel leave go to the client’s site(s) for home the care. At this time they are utilizing the parking previously assigned to the preschool. Gabriel Reyes, Tristan Drive, expressed concerns of the residents on Tristan Drive and Cherokee Drive. The clients and/or employees will park on the residential streets as do the staff/clients of the nearby dental office. His home is further from the dental office and is also affected by the parking generated by the business. The businesses that exist in the area are smaller than the proposed medical use, which will have an even greater impact on the residential neighbors. He finds it highly unlikely that employees and/or patients would be willing to walk to the parking site during inclement weather. Commissioner Frometa asked staff if the applicant’s would be allowed to operate using a valet service to ensure the parking spaces would be utilized. City Planner Blumenthal explained that valet parking requires a CUP and was not included as part of this application; the applicant would have to submit a new request for valet service. Vice Chairman Dominguez questioned the need for valet service if the parking is to be utilized by the employees. Director of Community Development Schindler explained the business has the strongest ability to manage their employees; therefore, you mandate the employees to park at that site. The goal is to increase the parking available for those business uses and not limited to the employees. Draft Planning Commission Minutes July 18, 2018 - 4 - Mr. Reyes reiterated his concern that the parking spaces will not be utilized, and the additional parking would not be sufficient operate with an urgent care and pharmacy at the subject site. Applicant Rebuttal: Mr. Ashai explained the request for the parking agreement was to prevent parking issues in the residential neighborhood. The site is one parcel addressed as 10441 Lakewood Boulevard; two buildings are located on the one parcel, each having their own address. He disputed the 1100 foot distance from Cherokee Drive to the Temple. He also took measurements for the sake of accuracy and measure 500 feet between Cherokee Drive and Seventh Street and 100 feet to the temple. The owner’s intent is to set up multiple suites at the site, therefore the number of employees is unknown. The estimated parking needed was based on (6) six doctors’ offices, each having approximately (6) six to (7) seven employees, projecting the additional parking needed is between 30 to 50 spaces. The owner is a doctor and in his experience, the medical staffs are used to walking approximately 2,000 to 3,000 feet to the parking lot, and as much as 5,000 feet for a hospital. He made note that many people no longer drive to their appointments; they utilize ride sharing services such as Uber or Lyft, etc. Commissioner Flores asked if a physician would be considered an employee, thereby required to park at the lot. Mr. Ashai was unable to confirm and suggested limiting parking to one to hours to prevent employees from parking at the subject site. Dr. Jivrajka, discussed his experience during his time in practice whereas the need to park near the office was due to the need to travel to and from the hospital up to five times a day, whereas the current trend is for doctor’s work solely in their office or at a hospital thereby eliminating the need to park near the office. Commissioner Flores asked if he is agreeable to a condition requiring doctors as well as employees to park at the off-site parking. Dr. Jivrajka believes they would be agreeable to the parking restriction as it would not be beneficial for their patience and practice(s). Commissioner Frometa stated the applicant cannot force staff to park in the off-site lot. Dr. Jivrajka advised the Commission that they would include the requirement to park in the off-site lot in the lease. Staff gave recommendation to adopt a resolution of approval of the request for an off-site parking agreement (PLN-18-00058) with the following modified conditions of approval based on the public’s testimony this evening. 9) Employees of the medical office shall park in the off-site parking spaces and shall not park on the business site (10441 Lakewood Blvd) or the surrounding streets. For the purposes of this condition, employees shall include but is not limited to all medical practitioners and the business owners; the property owners shall include this provision in all leases. 11) The hours of operation for all business operating at the property located at 10441 Lakewood Boulevard shall be limited to 6:00 a.m. to 6:00 p.m. Monday through Friday only. Chairman Owens closed the public hearing. The Commissioners spoke in favor of the medical use and in opposition of the parking agreement, citing the inability to enforce the parking agreement and the negative affect it will have on the neighboring residential properties. It was moved by Vice Chairman Dominguez, seconded by Commissioner Flores and passed by a 5-0 vote to deny the request for a Conditional Use Permit (PLN-18-00058); thereby directing staff to return with a Resolution of denial. NON-AGENDA PUBLIC COMMENTS: None. Draft Planning Commission Minutes July 18, 2018 - 5 - CONSENT CALENDAR ITEMS: None. OTHER BUSINESS: Vice Chairman Dominguez expressed his discontent regarding the live streaming of Planning Commission and City Council Meetings. Director Schindler informed the Commission that the IT Department is working to resolve the technical difficulties. STAFF MEMBER COMMENTS: Director Schindler informed the Commission of upcoming Metro Community Meeting for the West Santa Ana Branch Corridor Line in August 2018. ADJOURNMENT: Chairman Owens adjourned the meeting at 7:57 p.m., to Wednesday, August 1, 2018, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 19th day of September, 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 19th day of September, 2018 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission