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HomeMy WebLinkAbout3. Draft Minutes 08-21-19DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, AUGUST 21, 2019 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Dominguez called the August 21, 2019, Regular Meeting of the Planning Commission to order at 6:31 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Pledge of Allegiance, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Steven Dominguez, District 3, Chair Dimitrios Spathopoulos, District 4 Nolveris Frometa, District 5 COMMISSIONERS ABSENT: Patrick Owens, District 2 Miguel Duarte, District 1, Vice Chair OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Crystal Landavazo, City Planner Scott Loughner, Downey Police Department Lieutenant Guillermo Arreola, Principal Planner Alfonso Hernandez, Associate Planner Madalyn Welch, Assistant Planner Mary Cavanagh, Secretary Greg Kettles, Consulting Attorney PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. CHANGES TO THE AGENDA: Director of Community Development Aldo Schindler informed the Commission that the public hearing for PLN-18-00061 (Mitigation Negative Declaration and Site Plan Review) has been continued per the applicant’s request, to the September 4, 2019, regular Planning Commission meeting. It was moved by Chair Dominquez, second by Commissioner Frometa, and passed by a 3-0-2 vote, with Commissioner Owens and Vice Chair Duarte absent, to continue PLN-18-00061 to the September 4, 2019 meeting. REPORT ON CITY COUNCIL: Director Schindler reported the City Council approved the request for a Zone Change for property located at 13034 Downey Avenue. PUBLIC HEARINGS: 1. PLN-19-00049 (An Appeal of an Administrative Decision Denying a Minor Conditional Use Permit): Chairman Dominguez opened the public hearing for PLN-19-00049 and Ms. Cavanagh affirmed proof of publication. City Planner Crystal Landavazo presented the request for an appeal of an administrative decision to deny (PLN-19-00049) Minor Conditional Use Permit, to allow the operation of a large family daycare Planning Commission Draft Minutes August 21, 2019 - 2 - (9-14 children), on property located at 7542 Suva Street and zoned R-1 6,000 (Single Family Residential). City Planner Landavazo reviewed the surrounding residential uses, California Health and Safety Code and Downey Municipal Code that pertain to residential (family) daycares. Small residential daycares are allowed to operate with a maximum of (8) eight children with no local authority required, whereas large residential daycares can care for up to 14 children, with a Minor Conditional Use Permit and a City business license. The initial application requested approval of a large family daycare; however, the applicant did not provide the information requested in order to assess the proposed use. Based on the available information received, Staff could not make the determination that the proposed use met the Health & Safety Code and therefore denied the application. After submitting an appeal of the administrative decision, the applicant’s representative provided additional information needed for the proposed large family daycare as follows: 1) The proposed hours of operation were reduced from 24 hours to 5:00 a.m. to 9:00 p.m.; 2) the applicant will provide after school pick-up; and 3) intent to provide care for no more than 6 (six) children at one time at the subject site. During the meeting of the Development Review Committee (DRC), the Police Department raised concerns with the noise levels produced by the proposed use; traffic and safety on Suva Street (that is used as a major arterial); and the absence of crosswalks in the area may make it unsafe for children or a daycare use that would make child drop-off and pick-up difficult. Additionally, the Fire Department stated that a large family daycare would require improvements to meet Safety Codes for large family daycare uses. In order to approve the application, all required findings for a large family daycare must be met. Staff determined the findings could not be met in a positive manner in order to support the request due to the affect it would have on the neighborhood by an increase in traffic and potential noise due to the proximity of the adjacent property. Subsequently, the application was denied. City Planner Landavazo introduced Consulting Attorney Greg Kettles with Best, Best & Krieger, who was present to address any questions. There were no questions at that time. The Commission discussed the following with Staff: • Spacing and concentration of the site • Traffic conditions increased as of 2017 and potential to continue to increase with daycare traffic • Impact to street parking; Staff observed is already an issue • Increase in noise and potential nuisance due to proximity of neighboring properties • Daycare noise levels can be equal to that of a park or playground • Applicant currently operating a small daycare and neighbors have complained of noise and increase in traffic • Changes from initial application related to pick-up and drop-off hours; reduced hours of operation; and anticipation of no more than (6) six children at the daycare at once. • Staff is unable to monitor exactly how many children are in the daycare at any given time Disclosures: Chair Dominguez drove by and parked down the street of the subject site, observed the traffic, and said it was pretty heavy around 6:00 p.m. Christine Alvisurez, Attorney with Public Counsel representing the applicant Sandra Castro, stated she reviewed the City’s requirements to operate the daycare, and the State Law that allows the applicant to operate her family daycare. Ms. Castro spoke briefly in Spanish through an interpreter, explaining that she has dedicated herself to taking care of children for the last 5 years, including 2 years in the City of Downey, and it has become her family’s livelihood. She helps families and Single Mothers who live and/or work in Downey, by providing a safe environment for their children. She purchased a larger home to increase the daycare’s capacity and will inform the parents to use the driveway only for child pick up and drop off to prevent disturbing the neighbors. Planning Commission Draft Minutes August 21, 2019 - 3 - Ms. Alvisurez gave a summary of the State Law as it pertains to family daycares. She explained that Ms. Castro met with a realtor and City Staff to purchase a home in Downey with the intent of operating a large family daycare. After purchasing the home, she applied for and was denied the required permit to operate a large family daycare. Ms. Alvisurez opined the application met all the conditions required to run a large family daycare and found no basis for the City’s denying the application, citing California State Laws. The Commissioners suggested the applicant avoid using the concrete driveway and limit the use to just the grassy area for the children; asked how they will address noise and parking concerns; what had the applicant done differently since the appeal was filed; and inquired as to the letters included in the staff report. Ms. Alvisurez said the applicant is willing to use only the grassy area for the children, limit the outdoor play time to two hours in the morning and two hours in the afternoons to address noise concerns. Ms. Castro always parks on the street to ensure the driveway is always available, and the pick-up and drop-off times are staggered. Ms. Castro previously operated a daycare in an apartment and the letters included in the staff report are from her former neighbors to show they had no issues with the operation of her former daycare. Since filing the appeal, she has been operating a small daycare at the subject site and there have been no issues with noise, parking or pick-up and drop-off of the children. Correspondence: Staff received 20 pieces of correspondence with 7 in favor and 13 in opposition. Public Comments: Richer Dubois Fording, 8227 Alameda Street, spoke against the application due to noise disturbances, increase in the existing traffic and parking issues in the area. Victor Coria spoke in opposition of the application. He is a police officer working varied shifts and lives to the rear of the subject site. He said there are many daycares in Downey that are not located on busy streets. The applicant’s daycare is located on a street that is heavily travelled with traffic from 6:00 a.m. to about 9:00 p.m. There are currently problems with people running stop signs and he requested an increase in police patrol for the area. He believes the noise generated by 14 children will definitely impact his ability to sleep during the day and felt the applicant should have met with the neighbors prior to purchasing the home. Emery Sipos, 12832 Smallwood Avenue spoke against businesses operating in residential areas. Emma Watson, Policy and Research Analyst for Advanced Project California, spoke in favor of the application because there is a need for development resources for low income families. She said the study they conducted shows a significant lack of daycare available for children under the age of 6 in Downey, and no daycare within the subject zip code for children less than 2 years of age. Chair Dominguez asked if the report contained information about the four items (space, traffic, parking and noise) that must be used as their guidelines to make their decision. Ms. Watson stated it does not, but the City had not considered the need for large family daycares and the impact it has on the City. Valerie Narey, 7558 Suva Street, spoke in opposition of the daycare. She stated the issue is the impact of traffic and noise and not the need for a large family daycare in the area. She does not want the traffic and noise from a large family daycare that close to her home. Wendy Mayen (sp) spoke in favor of the applicant who is currently caring for her 3-year old child three to four days a week. Ms. Mayen said that the applicant has three or four children in her home at one time, and she has not run into other parents when she drops off or picks up her child. Christina Castellanos spoke in opposition of the daycare. She drives Suva Street every day to and from work and noticed traffic has already increased. She made note that the question is not if the applicant is a Planning Commission Draft Minutes August 21, 2019 - 4 - very caring daycare provider, the issue is traffic and the safety of the children. Jose Garcia spoke in opposition of the daycare. He lives directly behind subject site and is a truck driver works various shifts. He said the noise that is generated by the existing daycare is impacting his sleep. Brenda Wade spoke in opposition of the application. She said the small location is not the right place for a daycare and there is not enough space for 14 children. Kathy Orndorff spoke in opposition of operating a residential daycare due to traffic, noise concerns and operating hours from 5:00 a.m. to 9:00 p.m. 7-days a week. Ruben Macias, 7526 Suva Street spoke in opposition of the daycare. He explained that traffic is currently an issue in the neighborhood without the potential large family daycare. It is such a problem that he had requested a stop sign due to numerous accidents that took place in the area because Suva is an arterial street. It is also congested to the extent that they have problems with parking and space for their trash cans during trash collection. Diana Guiros (sp) spoke in favor of the applicant. She said the applicant provides a very loving environment for her children, she’s never seen other parents at the daycare when she drops off or picks up her children, and did not find parking to be an issue. Leanne Drogin with First Five LA informed the Commission that the Childcare Facilities Act is intended for childcare in residential neighborhoods to address the existing shortage of childcare across the State. There’s a lack of childcare in the Downey area and First Five LA is an organization that focuses on helping the youngest children (0-5 years of age) get the best start in life and ready for school. Most cities are not aware of the Childcare Facilities Act and unknowingly create barriers for childcare operators. Marisol Ramirez spoke in opposition of the daycare. She lives one house away from the subject site and is concerned that noise from a daycare would affect her sleep. At the time she purchased her home, she did not anticipate a daycare moving into their neighborhood. Ms. Montesse said she works at the Mexican American Opportunity Foundation that has a referral program for daycares. They work with 19 different cities and they receive calls for childcare in Downey, but there aren’t enough daycare facilities in Downey. Edgar Ramirez 7532 Suva Street explained that he took a year to research the area before purchasing their home and they fell in love with the neighborhood and their neighbors were very welcoming. It is however, a very busy street and dangerous for children crossing; pets have been victims of the street traffic and it’s very difficult to back out of the driveway. Chair Dominguez called for a recess at 8:40 p.m. and called the meeting to order at 8:45 p.m. Greg Kettles with Best, Best and Krieger spoke on behalf of Staff. He addressed the four factors that the Planning Commission has to consider. Based on the configuration of the residential lots in the area and the closeness to the neighbors’ homes, he found that concentration is an issue. There is also an Elementary School a quarter mile away and there is currently too much concentration in the area. Data supports the finding that the traffic on Suva Street has only gotten worse in the past few years and it is not a suitable location for a large daycare. The neighbors have also given confirmation with their comments at the hearing; they said that parking is already an issue for the residents of the neighborhood. From life experiences, it is safe to say when children play together, they create noise. The City is not denying large home daycares; they already have 20 large daycare facilities. The issue is this location; it is not the right place for this type of use. Commissioner Spathopoulos asked Mr. Kettles if the State requires all for four items to be met. Mr. Kettles Planning Commission Draft Minutes August 21, 2019 - 5 - affirmed, under State law, a facility can be denied based on not meeting just one of the criteria; he opined that applicant did not meet any one of the requirements. Ms. Alvisurez said Ms. Castro disputes the neighbor’s claim regarding not being able to sleep due to the noise. She has only taken the children outside twice for an hour around 10:00 a.m. and they were ages 6 months to 2 year-olds. Additionally, the current parking issues are caused by people other than her daycare clients. It is their position that the City must grant permission for the large daycare because law is not permissive, and concluded the applicant did meet the requirements and she will work with the City to meet any additional requirements. Chair Dominguez asked Ms. Alvisurez if she has a rebuttal regarding the spacing and concentration. Ms. Alvisurez noted that Ms. Castro meets the requirement for the Health and Safety Code that requires 1000 foot spacing is applicable to a large family daycare. Commissioner Spathopoulos asked for clarification about spacing and concentration and if it is based on the location of another large daycare facility. Ann Markowitz, Attorney with Public Council, stated there are three options to apply for a residential daycare and Downey option 3, which is a Conditional Use Permit. She claimed there are no standards for large family daycare homes in Downey other than the 1000 foot spacing. Commissioner Spathopoulos stated Staff is stating there are four local ordinances that are not being met. Ms. Markowitz surmised, the only condition that the large family daycare home must meet is the 1000 foot requirement; there is no local ordinance in Downey to contribute to large family daycare(s) and they cannot use current conditions in the neighborhood that are not the result of the daycare to deny the applicant. Staff recommended denial of the request for a Conditional Use Permit (PLN-19-00049), to operate a large family daycare. Chairman Dominquez closed the public hearing. The Commissioners found the neighbors’ testimony to be very compelling; however, the decision is based on the applicant meeting the four factors/requirements. Unfortunately, none of the four items were met. It was moved by Commissioner Frometa, seconded by Commissioner Spathopoulos, and passed by a vote of 3-0-2, with Commissioner Owens and Vice Chair Duarte absent, thereby denying the request for a Conditional Use Permit (PLN-19-00049) to operate a large family daycare. 2. PLN-19-00051 (Site Plan Review and Planned Sign Program): Chair Dominguez opened the public hearing for PLN-19-00051 and Ms. Cavanagh affirmed proof of publication. Assistant Planner Madalyn Welch presented the request to allow exterior modifications to the building façade, and a modification to the existing Planned Sign Program, on property located at 306 Stonewood Street within the Stonewood Mall, within the S-P, Stonewood Specific Plan Zone. The proposed Site Plan would allow an exterior entrance to a new tenant within the mall. Assistant Planner Welch reviewed the surrounding uses and discussed the site layout. The door as it currently exists is used as an emergency exit only. The proposal will enhance the lighting for the area and exterior to give a cleaner look to that area of the mall. The applicant will also add one Channel Letter Sign with the name of the salon. Staff concluded that the size of the sign is appropriate for the building and the entrance is intended for the tenant. The Commissioners made inquiries regarding the hours of operation and the lack of outdoor lighting at the entrance of the subject site. Planning Commission Draft Minutes August 21, 2019 - 6 - Assistant Planner Welch stated the hours of operation will be from 10:00 a.m. to 9:00 p.m. Monday through Saturday, and from 11:00 a.m. to 9:00 p.m. on Sundays, the same as the mall. City Planner Landavazo suggested that Staff can add a condition to require the applicant to increase the lighting. Disclosures: None. Applicant: Scott Ditsworth said they have worked closely with all departments including the Fire Department while developing the location. During construction they spent many nights at the site and believed there is plenty of lighting. The Stonewood Mall Management approved of the illumination to be sufficient at the entrance and flood lighting in the parking lot(s). The Commissioners asked if the applicant was on site during the evening to check the illumination and the security at the entrance of the subject space within the mall. Mr. Ditsworth informed the Commission that he worked nights during construction to make sure it was well lit and believes security to be top priority. Correspondence: None. Public Comments: None. Staff recommended approval of the request for a Site Plan Review and Planned Sign Program Modification (PLN-19-00051). Chair Dominguez closed the public hearing. The Commissioners spoke in favor of the project and asked that the lighting concerns be addressed. City Planner Landavazo proposed adding the following condition: The applicant shall provide a lighting plan for the parking area adjacent to the new exterior entry. Additional lighting shall be provided if needed to meet City standards prior to permit issuance. It was moved by Commissioner Frometa, seconded by Commissioner Spathopoulos, and passed by a vote of 3-0-2, with Commissioner Owens and Vice Chair Duarte absent, thereby approving the request for a Site Plan Review and Planned Sign Program (PLN-19-00051), with the added condition as stated. 3. PLN-18-00061 (Mitigated Negative Declaration and Site Plan Review): Continued to September 4, 2019, Planning Commissions regular meeting. 4. PLN-19-00118 (Municipal Code Amendment): Chair Dominguez opened the public hearing for PLN-19-00118 and Ms. Cavanagh affirmed proof of publication. City Planner Landavazo presented the request to amend the Downey Municipal Code, Articles 6 and 9, as they relate to Massage Uses and Operations Standards. The State instituted certain standards for Massage Therapists to receive certification. The City Council adopted Interim Urgency Ordinances to establish a temporary moratorium on new and expanding massage therapy establishments within the City. The City has reviewed the Massage Therapy Act and proposes incorporating the idea with the added requirement for a background check to be renewed every two years. Chair Dominguez stated the anatomic definition should be more specific. City Attorney Garcia advised the Commission that the definition is already addressed in Subsection O of the adult entertainment regulations. Planning Commission Draft Minutes August 21, 2019 - 7 - Chair Dominguez also stated he would like Page 17 No. B to read “the health officer and any officer pursuant to enforce the Code shall have the right to enter the establishment at any time the establishment is open.” Planner Landavazo said they will clarify it. Correspondence: None. Public Comments: James Cisneros said he is happy with the changes. Staff recommended approval of the request to a Municipal Code Amendment (PLN-19-00118). Chair Dominguez closed the hearing. It was moved by Commissioner Frometa, seconded by Commissioner Spathopoulos, and approved by a vote of 3-0-2, with Commissioner Owens and Vice Chair Duarte absent, thereby approving the Municipal Code Amendment (PLN-19-00118). NON-AGENDA PUBLIC COMMENTS: Mr. Cisneros stated he would like to work with the City to expand the massage industry with in the city. CONSENT CALENDAR ITEMS: 5. Approval of the Minutes from February 6, 2019 6. Approval of the Minutes from March 6, 2019 7. PLN-19-00116 (Final Tract Map No. 74870) 10341 Western Avenue It was moved by Chair Dominguez, seconded by Commissioner Frometa, and passed by a vote of 3-0-2, with Commissioner Owens and Vice Chair Duarte absent, to approve the items of the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: None. ADJOURNMENT: Chair Dominguez adjourned the meeting at 10:25 p.m., to Wednesday, September 4, 2019, at 6:30 p.m., at Downey City Hall, 11111 Brookshire Ave., Downey, CA 90241. APPROVED AND ADOPTED this 4th day of December, 2019. Steven Dominguez, Chair City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on this this 4th day of December 2019, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission