Loading...
HomeMy WebLinkAbout5. Draft Minutes 05-15-19DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MAY 15, 2019 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Dominguez called the May 15, 2019, Regular Meeting of the Planning Commission to order at 6:40 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 Miguel Duarte, District 1, Vice Chair Patrick Owens, District 2 COMMISSIONERS ABSENT: None OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Crystal Landavazo, City Planner Guillermo Arreola, Principal Planner Alfonso Hernandez, Senior Planner Madalyn Welch, Assistant Planner Victor Furtado, Downey Fire Investigator 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 Aldo Schindler reported the City Council approved the annual Community Development Block Grant (CDBG). CHANGES TO THE AGENDA: None. NON-AGENDA PUBLIC COMMENTS: Armando Herman commented on his political views. PUBLIC HEARINGS: 1. PLN-19-00061 (Special Event Permit): Chair Dominguez opened the public hearing for PLN-19-00061 and Ms. Cavanagh affirmed proof of publication. Principal Planner Guillermo Arreola presented the request by Bastard’s American Canteen, located at 11045 Downey Avenue, and zoned Downtown Downey Specific Plan (DDSP), to conduct their 7th Annual Memorial Day Event on Monday, May 27, 2019, from 11:00 a.m. to 10:00 p.m. The event includes live entertainment from 12:00 p.m. to 8:00 p.m.; with a beer garden and trailer selling food and drinks, with Alcohol consumption restricted to the beer garden only. There will be vendors selling goods and services, along with a stage for live entertainment. A security guard will be checking identification at the entrance of the beer garden. There will be a partial street closure of Second Street, between Downey Avenue and New Street; both property owners have given consent to close the street. This portion of Second Street is private; as such, it does not Planning Commission Minutes May 15, 2019 - 2 - require City Council approval for the closure. This application was presented to the Development Review Committee at which time the Police and Fire Departments had concerns regarding emergency exiting, the amount of people that would attend this event, security, and the sale of alcoholic beverages. Due to some unruly behavior at last year’s Memorial Day event, the Police Department is requiring that two (2) City of Downey Police Officers be posted at the event from 5:00 pm until the end of the event. As such, conditions of approval have been added to address these concerns. The Commissioners asked Staff to expound on the term “unruly behavior”, and the changes made to procedures. Principal Planner Arreola explained there were intoxicated individuals at the last Veteran’s day event that left the event and later returned. Additional security was added to prevent similar situations. Disclosures: None Applicant Emmanuel Imada stated this is the 7th annual Memorial Day event. It is a free community event to honor our fallen heroes and collect clothing for homeless veterans. Correspondence: None Public Comments: Armando Herman spoke in favor of the event. Chair Dominguez called for a recess at 6:53 p.m. and reconvened the meeting at 6:57 p.m. Staff recommended approval of the request for a Special Event Permit (PLN-19-00061). Chair Dominguez closed the public hearing. The Commissioners spoke in favor of the event. It was moved by Commissioner Frometa, seconded by Vice Chair Duarte, and passed by a 5-0 vote, to adopt Resolution No. 19-3089, thereby approving the request for a Special Event Permit (PLN-19-00061). 2. PLN-19-00063 (Special Event Permit): Chair Dominguez opened the public hearing for PLN-19-00063 and Ms. Cavanagh affirmed proof of publication. Principal Planner Guillermo Arreola presented the request by the St. George Greek Orthodox Church, located at 10830 Downey Avenue, to conduct their annual Greek Festival on Saturday June 1, 2019 and Sunday June 2, 2019, from 11:00 a.m. to 10:00 p.m. The event is the same as in previous years, with food, drinks, vendor sales, alcoholic beverage sales, inflatable rides, and live entertainment, with an anticipated 500 people in attendance, on property zoned DDSP (Downtown Downey Specific Plan). Disclosures: None. Applicant Gavril Gabriel, representing the Greek Orthodox Church, thanked staff for their efforts in processing their application. Correspondence: None. Staff recommended approval of the request for a Special Event Permit (PLN-19-00063). Public Comments: Armando Herman spoke in favor of the event and the need for ADA compliance. Applicant Rebuttal: None. Planning Commission Minutes May 15, 2019 - 3 - Chair Dominguez closed the public hearing. The Commissioners spoke in favor of the event. It was moved by Commissioner Frometa, seconded by Commissioner Owens, and passed by a 5-0 vote, to adopt Resolution 19-3090, thereby approving the request for a Special Event Permit (PLN-19-00063). 3. PLN-19-00060 (Special Event Permit): Chair Dominguez opened the public hearing for PLN-19-00060 and Ms. Cavanagh affirmed proof of publication. Assistant Planner Madalyn Welch presented the request by Circus Vargas for a Special Event Permit (PLN- 19-00060), to conduct an eleven-day circus, occupying the southeast parking lot of the Stonewood Mall facing Firestone Boulevard, within a 17,000 square foot tent. There will be food booths, a merchandise stand, and portable restrooms, within the parking lot of the Stonewood Mall, zoned S-P 89-1 (Stonewood Specific Plan). The estimated attendance for the event is 300-500 people for each performance; all performance activity will take place entirely within the performance tent. The circus will not have any rides, games of chance, performing animals, pyrotechnics or the use of open flame fire. She reviewed the surrounding residential and commercial uses, parking, setup and clean-up hours for the event. The site will have two (2) pedestrian access points adjacent to one another and third access point located to the southeast corner of the event site. Staff has placed a condition of approval to ensure that there is a designated path of travel for the safety of attendees between the parking areas and the event. There will be 11 performance days that will follow the schedule listed below ranging from one (1) to three (3) shows per day, for a total of 19 shows throughout the entire event. The proposed duration of each show will be 1.5 hours. The schedule of show times will be as follows: • Thursday, May 16, 2019, (1 show) from 7:30 – 9:00 p.m. • Friday, May 17, 2019, (1 show) from 7:30 – 9:00 p.m. • Saturday, May 18, 2019, (3 shows) from 1:00 –2:30 p.m., 4:00 – 6:30 p.m. & 7:30 – 9:00 p.m. • Sunday, May 19, 2019, (3 shows) from 12:30 – 2:00p.m., 3:30 – 5:00 p.m. & 6:30 – 8:00 p.m. • Monday, May 20, 2019, (1 show) from 6:30 – 8:00 p.m. • Tuesday, May 21, 2019, No Performances • Wednesday, May 22, 2019, (1 show) from 7:00 – 8:30 p.m. • Thursday, May 23, 2019, (1 show) from 7:00 – 8:30 p.m. • Friday, May 24, 2019, (1 show) from 7:30 – 9:00 p.m. • Saturday, May 25, 2019, (3 shows) from 1:00 – 2:30p.m., 4:00 – 6:30 p.m. & 7:30 – 9:00 p.m. • Sunday, May 26, 2019, (3 shows) from 12:30 – 2:00p.m., 3:30 – 5:00 p.m. & 6:30 – 8:00 p.m. • Monday, May 27, 2019, (1 show) from 6:30 – 8:00 p.m. Assistant Planner Welch advised the Commission, this is the first circus’ first application in Downey and the applicant(s) chose to move forward with the installation of the tent at their own risk, dependent upon the Planning Commission Decision, they would be required to remove the tent, should they be denied. The Commissioners discussed the hours of operation for performances, setup and cleanup of the event; location of the tent, sleeping trailers, merchandise, ticket booths, portable restrooms, surrounding residential uses, lighting, fencing, customer parking , traffic control, security requirements, Downey Fire Department presence, and conditions of approval. Disclosures: Commissioner Spathopoulos visited the site and saw the tent going up on Tuesday prior to the Planning Commission Meeting. Commissioner Frometa visited the site on Monday and Tuesday approximately 9:00 p.m., and was contacted by a Downey Resident who spoke in opposition of the event. Vice Chair Duarte was contacted by Downey Resident located at 8551 Cavel Street, who spoke in favor of the event. Planning Commission Minutes May 15, 2019 - 4 - Applicant/representative(s) of Circus Vargas, Jovania Faamaligi, Nelson and Katya Quiroga, 7455 Arroyo Crossing Parkway, Las Vegas, NV 89113, gave a brief summary of Circus Vargas’ operation of the family owned circus and their recent event at the Lakewood Mall. Deena Henry, Senior Manager, Stonewood and Lakewood Center malls, together with Annette B. Norwood and security staff member, were present to address any questions or concerns regarding the event. The Commissioners’ discussion with Circus Vargas and Stonewood Center and Planning Staff(s) included: • Safety concerns regarding lighting security, pedestrian path of travel and traffic control within the parking lot and mall entrances • Tent fencing and capacity 550 people and average attendance 450 people • Added traffic and success of event with Downey High School Carnival operating simultaneously during the event • Location of food trailers and sales limited to nonalcoholic beverages • Applicant(s) operating at own risk due to late submittal of application Correspondence: Staff received one email in opposition of the event. Public Comments: Armando Herman spoke in favor of the event and items not related to the public hearing item. Greg Earhart, 10718 Haledon Avenue, said he was surprised to see the set up for the event had occurred prior to obtain the Planning Commission approval. He had the same concerns as those expressed by the Commissioners, including the increase in trash that would be left on the surrounding streets after the event. Jose Solache, Lakewood Chamber of Commerce President spoke in favor of the event. He informed the Commission of the great success of the Circus Vargas event recently held at the Lakewood Center mall. Damen, Downey resident, stated his home abuts the Stonewood Mall parking lot and is affected by the traffic that currently exists, and is concerned that it will increase during the event. He is in favor of the event if they will provide additional security measures to address traffic. Applicant(s) Rebuttal: Katya Quiroga said she will have trash cleaned up nightly and informed the Commission that the attendance is sometimes 250 people with 80-100 cars. They have also performed in other crowded areas such as Topanga Canyon, Woodland Hills and Lakewood, California without issues. She apologized for the late submittal of their application and explained that it was at the request of the Mayor who had attended a performance in Lakewood, CA. She said that they were not aware of the City’s timeline for permit processing; however, they will be attentive to the City’s application process if they are invited back to Downey. Staff recommended approval of the request for a Special Event Permit (PLN-19-00060). Chair Dominguez closed the public hearing. The Commissioners remained concerned with potential traffic issues and suggested increasing uniformed security staff to control traffic. They said the circus staff should be accountable for trash pickup, security, and provide additional portable lighting near Sears and the Raising Canes restaurant. They were displeased with the late submittal of the request to permit the circus to operate at the mall without allowing time to address the concerns of the Building & Safety, Fire and Police Departments. They unanimously agreed that if approved, the applicant would be operating at their own risk. The Commissioners recommended the Planning Commission Minutes May 15, 2019 - 5 - following modifications to the conditions of approval: 13) All necessary lighting shall be directed away from nearby residential uses. Additional telescope lighting shall be provided in parking area to provide illuminated pedestrian areas east of event site along Woodruff Avenue, directed away from residential properties. 48) The applicant must adhere to the security plan submitted on April 26, 2019 as part of the Special Event (PLN-19-00060) application, which has been reviewed and approved by the Downey Police Department. Security plan shall be revised to provide security for one hour after each event. 51) The applicant must adhere to the security plan submitted on April 26, 2019 as part of the Special Event (PLN-19-00060) application, which has been reviewed and approved by the Downey Police Department. Security plan shall be revised to provide security for one hour after each event. It was moved by Commissioner Owens, seconded by Vice Chair Duarte and passed by a 5-0 vote to adopt Resolution 19-3091 with modified conditions as stated, thereby approving the request for a Special Event Permit (PLN-19-00060). Chair Dominguez called for a recess at 9:02 p.m. and the meeting was reconvened at 9:16 p.m. 4. PLN-18-00172 (Site Plan Review, Conditional Use Permit, Variance and Tentative Parcel Map No. 82450): Chair Dominguez opened the public hearing for PLN-18-00172 and Ms. Cavanagh affirmed proof of publication. Senior Planner Alfonso Hernandez presented the request to remodel property located at 8818 Imperial Highway and zoned C-2 (General Commercial). A Tentative Parcel Map (TPM No. 82540) is requested to subdivide a total of approximately 1.58 acres into two separate parcels. The first parcel will maintain and remodel the existing 10,473 square foot commercial building exclusively for office and retail use. The second parcel will be improved with a new 4,000 square foot “Chick-fil-A” restaurant with drive-thru and outside dining area, which requires a Site Plan Review to evaluate the layout and architecture of the newly proposed changes to the site. A Conditional Use Permit is required for the outdoor seating and drive-thru with a 17 vehicle queue, and proposed hours of operation: Monday through Saturday from 6:00 a.m. to 11:00 p.m. and closed on Sunday. A Variance is required to deviate from the required 82 parking spaces for the subject site. The applicant acknowledges that Chick-fil-A restaurants generate significantly more drive-thru traffic and was therefore required to conduct a drive-thru queue analysis to determine the appropriate length of queueing. As a result of the study, the applicant proposed dual order boards, each with enough space to queue up to nine vehicles per lane that will merge together into one lane of eight vehicles before the pick-up window; any over flow of vehicles can be accommodated on the site. A condition of approval has been included to prohibit the stacking of vehicles onto the public right-of-way. This application was presented to the Development Review Committee and presented concerns with the queueing, which was alleviated by the results of the queueing study. Noise could also be an issue for the nearby residents; as such, the volume on the order menu will be turned down in the morning and evening hours. The Commissioners inquired as to the number parking spaces, height of the residential wall and noise barrier(s), number of driveways, fencing between the two parcels, potential cut through at the site, electric charging station and ADA parking compliance. Senior Planner Hernandez stated that the required parking for the remodeled building would be 42 spaces and fencing off the parcels would require Planning Commission approval. The Commission can ask the applicant to install speed bumps to prevent cut throughs. The site will maintain a total of four ADA spaces and electric charging stations were not considered. The height of the wall is six feet high and the landscape Planning Commission Minutes May 15, 2019 - 6 - height starts at six feet and matures to 15 feet, which meet the landscape standard requirement. Director of Community Development Schindler stated the setbacks, the wall and the landscaping are more than appropriate to address the noise. Disclosures: Vice Chair Duarte stated he is a patron of a restaurant at the site. Applicant: Scott Silverberg with Waypoint Developer Group complimented the Staff for doing a great job preparing them for the meeting. The Commissioners inquired as to the effect the restaurant will have on street traffic; adding an electric vehicle charging station; hours for ipad ordering; pickup location for mobile orders; installing speed bumps to prevent cut throughs; visibility of the trash enclosures and increasing the height of the wall. Mr. Silverberg replied that they went with the higher end of queueing to prevent interfering with the flow of traffic on the main roads. Additionally, Chick-Fil-A has implemented a new program which is IPOS which keeps the flow of traffic moving. Jennifer Dawn, Chick-Fil-A, explained the IPOS program. The ipad ordering system (IPOS) operates during peak hours and has shown that from the time the order is taken, the vehicle receives their order and is driving off the property is approximately 45 seconds. The ordering menus already have a self-adjusting speaker system based on the surrounding noises. There are also designated areas inside and outside the site for mobile orders. Mr. Silverberg stated they are willing to add speed-bumps to the site and would also consider charging stations for the site, but may not be able to due to parking availability. Director Schindler said it is Staff’s opinion that it is more pleasing to look at green landscaping then a wall; the current plan meets the requirements to address blocking the noise. Scott Jones, Architects Orange stated the trash enclosure is tied into the building architecture and is not visible. Correspondence: None. Public Comment: Armando Herman commented on ADA parking requirements and removal of bus stops along Lakewood Boulevard. Staff recommended approval of the request for a Tentative Parcel Map No. 82450, Site Plan Review, Conditional Use Permit and Variance (PLN-18-00172). Chair Dominguez closed the public hearing. The Commissioners spoke in favor of the event. It was moved by Commissioner Frometa, seconded by Commissioner Spathopoulos, and passed by a 5-0 vote, to adopt Resolution No. 19-3092, thereby approving the request for a Site Plan Review, Conditional Use Permit, Variance and Tentative Parcel Map No. 82450 (PLN-18-00172). CONSENT CALENDAR ITEMS: 5. PLN-19-00055 (2018 General Plan Progress Report) 6. Approval of the Minutes from June 20, 2018 Planning Commission Minutes May 15, 2019 - 7 - 7. Approval of the Minutes from August 1, 2018 8. Approval of the Minutes from August 15, 2018 It was moved by Chairman Dominguez, seconded by Commissioner Owens, and passed by a 5-0 vote, to approve items of the Consent Calendar, with Commissioner Spathopoulos abstaining from item No(s) 6 and 7, Commissioner Frometa abstaining from item No. 6, and to continue Item No. 8 of the Consent Calendar to a date uncertain due to a lack of quorum. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: None. ADJOURNMENT: Chair Dominguez adjourned the meeting at 10:20 p.m., to Wednesday, June 5, 2019, at 6:30 p.m., at Downey City Hall, 11111 Brookshire Ave., Downey, CA 90241. APPROVED AND ADOPTED this 15th day of January, 2020. 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 15th day of January, 2020, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission