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HomeMy WebLinkAboutPC Minutes - 04-17-19MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, APRIL 17, 2019 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Commissioner Owens called the April 17, 2019, Regular Meeting of the Planning Commission to order at 6:45 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Dimitrios Spathopoulos, District 4 Nolveris Frometa, District 5 Patrick Owens, District 2, Steven Dominguez, District 3, Chair Miguel Duarte, District 1, Vice Chair OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Crystal Landavazo, City Planner Guillermo Arreola, Principal Planner Alfonso Hernandez, Associate Planner Madalyn Welch, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Director of Community Development Aldo Schindler introduced the new City Planer Crystal Landavazo to the Planning Commission. PRESENTATIONS: None, CHANGES TO THE AGENDA: Director Schindler advised the Commission the items on the Consent Calendar will be continued to a date uncertain, due to a lack of quorum for approval of the Minutes. REPORT ON CITY COUNCIL ACTION: Director Schindler reported the City Council approved: 1) the first amendment to the purchase and sale agreement for property located at 11022 Downey Avenue, to the Avenue Theater, LLC; 2) the second amendment to extend the Tierra Luna Development Agreement (Promenade Development) from ten years to five years; 3) a Memorandum of Understanding for the owners of the Champion Dodge to bring in a Maserati automotive dealership to the City of Downey; and 4) received the One-year analysis of the Downtown Downey Parking Study provided by Dixon Resources Unlimited. PUBLIC HEARINGS: 1. PLN -18-00170 (Conditional User Permit): Commissioner Owens opened the public hearing for PLN - 18 -00170 and Ms. Cavanagh affirmed proof of publication. Principal Planner Guillermo Arreola presented the request to allow an existing car wash facility (Unique Auto Spa), located at 7624 Firestone Boulevard, within the C-2 (General Commercial) zone, to operate with an Alcohol Beverage Control (ABC) Type 21 (Off -Sale General) license. The subject site consists of a 3,000 square foot car wash with a first -floor retail space, office space on the second floor, and a building on the back portion of the site that performs oil changes and smog testing. The current hours of operation are from Planning Commission Minutes April 17, 2019 7:00 a.m. to 7:00 p.m. daily. The request is to sell alcohol beverages within the retail space and extend the hours of operation from 7:00 a.m. to 12:00 a.m., however, the latest a car wash can remain open is 10:00 p.m. The applicant proposes to redesign the parking lot, removing one parking space and closing the Southwest entrance from the car wash. The site is currently developed with 33 parking spaces (including 3 ADA spaces), comprising of 17 parking spaces that also function as self-service vacuum stalls. Parking was not required for the retail/office area, as it was a supporting use to the other uses on site; however, the sale of alcohol is not considered integral to the operation of a car wash and will require an additional eight (8) spaces for customers that access the site only for purchasing alcohol. Staff has determined the sale of alcohol will create a separate use and customer base, thereby intensifying the use and unable to maintain adequate vehicle circulation for the added customers. This application was presented to the Development Review Committee at which time the following concerns: 1) overconcentration of proposed use in surrounding area; 2) transients and employees congregating after hours; 3) consumption of alcohol on site while the cars are being washed; 4) other car washes being allowed to sell alcohol can raise same concerns; and 5) the use cannot be seen as convenience to patrons to the site as there are other adjacent retail establishments offering the sale of alcohol. The Commissioners inquired as to the smog check and detailing tenants' hours of operation and ADA parking requirements for the subject site. Principal Planner Arreola stated he does not know if the extended hours will apply to the onsite tenants' hours of operation. The site requires two stalls and the concept will keep two ADA stalls, but they will not meet the minimum ADA requirements or the minimum width and load code requirements because of the path of travel. Disclosures: Commissioners Frometa and Owens stated they are patrons of this car wash. Applicant Eiton Sharaf, 7624 Firestone Boulevard, Downey CA, conveyed his willingness to modifying the closing hours to 10:00 p.m. in order to meet the current code requirement and restrict the sale of alcohol to the carwash customers only. The area for the car detailing remains open until 7:00 p.m. and their employees stay until the work is complete. The smog test business operates from 8:30 a.m. to 7:30 p.m. and is allowed to continue working until the car wash closes at 10:00 p.m. He said he plans to have the car wash open until 10:00 p.m. for a couple of months to see how it goes and if there is no business, he will close the car wash at 7:00 p.m. The Commissioners questioned the number and size of the customer parking spaces including ADA, employee and overnight parking; the customer access and flow of foot traffic through the cashier area; potential patrons drinking on site; and inquired if the Police and/or Fire Department expressed concerns regarding emergency vehicle access; and asked what is currently being sold in the store. Mr. Sharaf stated they are keeping two handicapped spaces, adding two 9 or 10 -foot -wide parking spaces and leaving twelve feet for cars coming out of the car wash tunnel to access the vacuum area. He wants the Southwest door closed so the customers are funneled to the cashier. Since the door will not be used they will not need the handicapped space. The employees park in an area that is not in use, and is not a designated parking area. He said he is not concerned with patrons exiting the site due to a decline in the business. He said he is not aware of any issues on the site, and if patrons were to be found drinking on site he would inform them that it is not allowed. Currently, the store sells items pertaining to a car wash. Correspondence: Staff stated they received one letter in opposition of the project. Public Comment: Gigi Shin owner of the Downey Liquor, Firestone Boulevard, located across the street. Ms. Shin opined that there are multiple stores in the immediate area that sell liquor and the applicant should sell items that are related to the car wash business. -2- Planning Commission Minutes April 17, 2019 Staff gave recommendation to adopt a Resolution of denial of the request for a Conditional Use Permit (PLN 18-00178). Commissioner Owens closed the public hearing. The Commissioners spoke in favor of denying the request to sell alcohol at the carwash because the request is to operate two businesses that do not relate to each other, the site has parking concerns, and the reservations expressed by the Police Department. It was moved by Commissioner Frometa, and seconded by Commissioner Spathopoulos, and passed by a 3-0-2 vote with Vice Chairman Duarte and Chairman Dominguez absent, thereby denying the request for a Conditional Use Permit (PLN -18-00170). 2. PLN -1 9-00029 (Tentative Tract Map No 748701 Commissioner Owens opened the public hearing for PLN -19-00029 and Ms. Cavanagh affirmed proof of publication. Associate Planner Alfonso Hernandez presented the request to amend and correct a previously approved Tentative Tract Map No. 72769 (PLN -15-00210), for a previously approved 8 -unit condominium development project with a private driveway, for property located at 10341 Western Avenue, zoned R-3 (Multiple -Family Residential. Staff is seeking approval of a numeric correction to the incorrect Map No. 7276874870, to the correct Map No. 74870. This is the only portion of the original application that is being amended. Disclosures: None. Applicant/Property Owner Richard Chen stated he would like to start the project as soon as possible. Correspondence: None Public Comment: George Claus stated he supports the project and asked the Commissioners to approve the change. He said the current condition of the site is an eye sore and home to several cats which are causing issues in the neighborhood. Director Schindler stated they will send someone out to address the cat issue. Staff gave recommendation to approve the request to amend/correct Tentative Tract Map No. 72769 to the correct Tentative Tract No. 74870. Commissioner Owens closed the public hearing. The Commissioners advised Mr. Chen to do his best to address the issue with the cats. He is the owner of the property and it is his responsibility. It was moved by Commissioner Frometa, seconded by Commissioner Spathopoulos, and passed by a 3-0-2 vote, with Vice Chairman Duarte and Chairman Dominguez absent; to adopt amended Tentative Track Map No. 74870 (PLN -19-00029). NON -AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: Continued to May 1, 2019 due to a lack of quorum. 3. Approval of the Minutes from May 16, 2018 -3- Planning Commission Minutes April 17, 2019 4. Approval of the Minutes from June 20, 2018 OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director of Community Development Schindler stated Saturday is Earth Day/Arbor Day. The City will have a celebration at City Hall starting at 11:00 a.m. with the activities listed on the City Facebook account. Saturday is also the kick off day for the Parks and Recreation Department's summer programs which will start at 12:00 p.m. at the Barbara J Riley Center. Their activities are also listed on the Facebook account. ADJOURNMENT: Commissioner Owens adjourned the meeting at 7:55 p.m., to Wednesday, May 1, 2019, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 18th day of September, 2019. Patrick Owens, Commissioner City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on this 18th day of September, 2019, by the following vote: AYES: COMMISSIONERS: Frometa, Spathopoulos and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Dominguez ABSTAIN. COMMISSIONERS: Duarte Mary Cavanagh, Secretary City Planning Commission -4-