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HomeMy WebLinkAboutMinutes-01-20-10OV D04, REGULAR MEETING DOWNEY CITY PLANNING COMMISSION Yi s ®' WEDNESDAY, JANUARY 20, 2010 LI FO CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was held January 20, 2010. After the Pledge of Allegiance to the Flag, roll was called at 6:35 p.m. COMMISSIONERS PRESENT: Louis Morales, District 3 Robert Kiefer, District 2 Fernando Vasquez, District 5 Michael Murray, District 1 Terry Lambros, District 4, Chairman ALSO PRESENT: Brian Saeki, Community Development Director G. Ross Trindle, III, Assistant City Attorney William Davis, City Planner David Blumenthal, Senior Planner Shion Hori, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a vote of 4 -0 -1, with Commissioner Vasquez abstaining, to approve the Minutes of January 6, 2010 as presented. IV. AGENDA CHANGES: There were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki stated there were no Planning - related items to report from the last City Council meeting held January 12, 2010. VI. CONSENT CALENDAR ITEMS: 1. A request to initiate Code Amendments relating to massage businesses, cargo containers and open house signs. It was moved by Commissioner Morales, seconded by Commissioner Murray and passed by a unanimous vote, to approve the Consent Calendar initiating Code Amendments relating to massage businesses, cargo containers and open house signs. VII. PUBLIC HEARING ITEMS: CONDITIONAL USE PERMIT No. 08 -29, Revision B Location: 10924 Paramount Boulevard Owner /Applicant: Ricardo M. Vasquez Authorized Agent: Walter Vasquez Staff: Shion Hori CEQA: As required by the California Environmental Quality Act (CEQA), this project has been determined to be categorically exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A request to modify the conditions of approval of Conditional Use Permit No. 08 -29, Revision A, to allow an additional 90 days to comply with certain PLANNING COMMISSION MINUTES, JANUARY 20, 2010 — PAGE 1 Page 2 VIII. PUBLIC HEARING ITEMS: (Continued from page 1) Request: conditions of approval for an existing restaurant (Downey Brewing Company) that is operating with an ABC Type 75 (On -Sale General, Brew Pub) license and live entertainment on property zoned C -3 (Central Business District). Chairman Lambros opened the public hearing for Conditional Use Permit No. 08 -29, Revision B. Ms. Donahue affirmed proof of publication. Assistant Planner, Shion Hori, presented staff's report with accompanying PowerPoint. She noted that the Commission had approved Conditional Use Permit No. 08 -29, Revision A, on September 2, 2009, through Resolution No. 2596, to expand the permitted hours of live entertainment, increase the number of live performers allowed at any given time, and to change the alcohol beverage control license from Type 41 (on -sale beer and wine, eating place) to a Type 75 (on sale general, brewpub). She noted that the applicant had submitted a letter requesting an extension of time or to modify several of the conditions of approval of Resolution No. 2596 involving: Condition No. 4, requiring this 6 month review; Condition No. 22, to remove wheel stops and install 6" -high concrete and landscape the planter areas with live plant materials; Condition No. 23, to paint existing signs; Condition No. 25, to legalize patio cover and install gates with self latching panic hardware on the west and east ends of the outdoor patio /dining area to fully enclose the perimeter; Condition No. 38, to remove swinging doors by kitchen area; Condition No. 42, to provide a roof - covered trash enclosure. Ms. Hori reviewed photos of the property depicting the applicants' progress to meet these conditions, noting that the applicant had completed the following conditions: Condition No. 24, to patch and slurry seal the existing asphalt parking lot; Condition No. 26, to remove the phone booth along Paramount Boulevard; and Condition No. 39, to post the "emergency exit' sign above doorways. She stated that the applicant is requesting another 90 days to complete the remainder of the outstanding conditions of approval. She noted that staff could support this request for additional time because said extension would not be detrimental to the existing use and will allow the applicant time to comply. Ms. Hori informed the Commission that she received correspondence from one person, Eduardo, who had requested a copy of staff's report and was assured that the matter would remain under review. Sergio Vasquez, applicant/representative, 10924 Paramount Boulevard, addressed the Commission. He first commended Ms. Hori for helping them with the entire process. He stated the reason for the requested extension was mostly due to their need to make numerous costly upgrades to the interior of the restaurant, the expense and required coordination associated with the parking lot improvements, and the need to finalize plans with a contractor for the trash enclosure. He added that the patio improvements would be the final condition to be met. Mr. Vasquez stated that he believed 90 days would be sufficient to complete the remaining conditions, provided that nothing unforeseen was to occur. Chairman Lambros responded that the applicants had shown that they were reliable and believed they would complete these requirements as stated. Chairman Lambros noted that Ms. Hori had stated that one person had expressed concern with this property. She then invited anyone from the audience to come forward to address the Commission on this matter. No one came forward. William Davis, City Planner, stated staff's recommendation was for approval. He stated the accompanying Resolution number prepared for this approval is 10 -2624. PLANNING COMMISSION MINUTES, JANUARY 20, 2010 — PAGE 2 Page 3 There being no questions regarding staff's recommendation, the public hearing was closed. mission comments: Commissioner Vasquez stated that the applicant made a compelling request and had shown that progress is being made. He felt that another 90 days should be sufficient time to complete the work. Commission Murray stated his agreement, noting that in these economic times it can be difficult to find the funds for capital improvements. He stated that he was happy to see the applicant was making progress. Chairman Lambros expressed her affirmation as well. It was moved by Commissioner Vasquez, seconded by Commissioner Murray and passed by a 5 -0 vote, to adopt Resolution No. 10 -2624, approving the extension of time to complete the conditions of approval, as stated. Chairman Lambros stated the action of the Planning Commission will be final unless the matter is appealed to the City Council, with the appropriate fee, within the specified time period as set forth in the City's Ordinance. VIII. ORAL COMMUNICATIONS: No one spoke at this time. IX. OTHER BUSINESS: 1. A Year in Review Senior Planner Blumenthal provided a PowerPoint presentation for a year in review of 2009. This included a review of Community Development Department activities for 2009, Planning Commission activities for the year, completed projects that the Planning Commission had previously reviewed, and some projects anticipated to be presented to the Planning Commission in 2010. 2. Election of Officers: Chairman Lambros opened the floor to nominations for Chairman. Commissioner Kiefer nominated Commissioner Morales for Chairman. There being no further nominations, nominations were closed. The vote was unanimous to elect Louis Morales as Chairman. Commissioner Murray nominated Robert Kiefer as Vice Chairman. There being no objections and no further nominations, Chairman Lambros declared Robert Kiefer Vice Chairman. The Commissioners took their new seats X. ITEMS FOR FUTURE AGENDA: There were no further items addressed here. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:10 p.m., to February 3, 2010 at 6:30 p.m. in the Council Chambers, Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. APPROVED AND ADOPTED this 3 d day of February, 2010. Louis Morales Louis Morales, Chairman CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, JANUARY 20, 2010 — PAGE 3 Page 4 I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Commission held on the 3rd day of February, 2010, by the following vote: AYES: COMMISSIONERS: Murray, Kiefer, Vasquez, Lambros, Morales Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H: \PLANNING \PC Minutes - 2010 \012010mn.doc PLANNING COMMISSION MINUTES, JANUARY 20, 2010 — PAGE 4