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HomeMy WebLinkAboutMinutes-07-21-10O" D04, MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION Yi Y ®' WEDNESDAY, JULY 21, 2010 FO CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular Meeting of the Planning Commission was held July 21, 2010. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Fernando Vasquez, District 5 Michael Murray, District 1 Robert Kiefer, District 2, Vice Chairman Terry Lambros, District 4 Louis Morales, District 3, Chairman ALSO PRESENT: Brian Saeki, Community Development Director G. Ross Trindle, III, Assistant City Attorney William Davis, City Planner Jessica Flores, Associate Planner Shion Hori, Assistant Planner Theresa Donahue, Secretary III. MINUTES: July 6, 2010: It was moved by Commissioner Murray, seconded by Commissioner Vasquez and passed by a quorum of three, Vasquez, Murray, Kiefer, with Commissioner Lambros and Chairman Morales absent, to approve the July 6, 2010 Minutes; and July 7, 2010 It was moved by Commission Vasquez, seconded by Commissioner Murray and passed by the three Commissioners present, to approve the Minutes of July 7, 2010. IV. AGENDA CHANGES: No changes were noted. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki did not provide a report on City Council actions from their July 13, 2010 meeting. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items scheduled. VII. PUBLIC HEARING ITEMS: CONDITIONAL USE PERMIT No. 09 -87 Location: 8060 Florence Avenue Owner /Applicant: Joseph Gomez, Goldstar Enterprises Inc. Authorized Agent: Roger Spencer, Clearwire /Sprint Staff: Shion Hori CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A Conditional Use Permit request to collocate three (3) antennas, three (3) microwave dishes and relocate three (3) out of the six (6) existing antennas, bringing the total number of Sprint antennas on the building to twelve (12), on property zoned C -P (Professional Office). Vice - Chairman Kiefer opened the public hearing for Conditional Use Permit No. 09 -87. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, JULY 21, 2010 — PAGE 1 Page 2 Shion Hori, Assistant Planner, presented staff's report and accompanying PowerPoint, noting that the request is to collocate three (3) antennas, three (3) microwave dishes and relocate three of six existing antennas, bringing the total number of Sprint antennas to twelve (12) and the total number of combined antennas to 24. She explained that the carrier would provide monthly maintenance and that this was not viewed as a significant increase in vehicle trips. Ms. Hori stated that the elevations showed how the antennas were well - stealthed within the existing parapet. She stated staff's support for the request was conditioned within the attached Resolution, No. 10 -2651. In addition, Ms. Hori noted that she'd received one phone call from a resident expressing interest in the request. However, after understanding the proposal, the caller indicated no concerns. Roger Spencer, applicant, 1335 21S Street, Manhattan Beach, 90266, stated that he had reviewed the conditions of approval and found them to be acceptable. Ms. Hori stated that no further correspondence had been received on this matter, other than what had been included in staffs report. In addition, there were no persons in the audience to address the Planning Commission on this item. William Davis, City Planner, stated staff's recommendation was for approval as stated in the attached Resolution No. 10 -2651, and with the conditions as stated. There being no questions regarding staff's recommendation, the public hearing was closed. The Planning Commissioners expressed their support for the stealthing design of the new antennas, as shown. It was moved by Commissioner Murray, seconded by Commissioner Vasquez and passed by a quorum of three with Commissioners Vasquez, Murray and Vice - Chairman Morales voting affirmatively, while Commissioners Lambros and Morales were absent. Vice - Chairman Kiefer 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. 2. CONDITIONAL USE PERMIT No. 10 -12 Location: 8455 Firestone Boulevard Owner /Applicant: RLJ II EM Downey LP Authorized Agent: Michael J. Brewer, Alcoholic Beverage Consulting Service Staff: Jessica Flores CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A Conditional Use Permit request to change an existing Type 41 (on -sale beer & wine, eating place) alcohol license at an existing restaurant (Mimi's Cafe) to a Type 47 (on -sale general, eating place) alcohol license on property zoned C -3 (Central Business District). Vice - Chairman Kiefer opened the public hearing for Conditional Use Permit No. 10 -12. Ms. Donahue affirmed proof of publication. Associate Planner, Jessica Flores, presented staff s report, noting that the request for Type 47 ABC license (On -sale General, Eating Place) will replace the existing Type 41 (On -sale, beer and wine). PLANNING COMMISSION MINUTES, JULY 21, 2010 — PAGE 2 Page 3 Ms. Flores stated that there would be no on -site changes; just an upgrade to their ABC (Alcohol Beverage Control) license. She stated staff's recommendation was for approval. Commissioner Murray inquired into Condition #9, asking if this is meant to eliminate alcohol consumption on the patio. Ms. Flores stated this was not the intent of the language, and that because the patio was enclosed, the City viewed the patio as apart of the restaurant. Commissioner Vasquez inquired of Ms. Flores if the City recorded the number of Type 47 licenses that have been approved near to schools. Ms. Flores stated that this information had not been researched. Michael Brewer, applicant speaking on behalf of Mimi's Restaurant, 41743 Enterprise Circle N., Suite #101, Temecula, Ca. 92590, explained that the restaurant chain was actively upgrading several of their restaurants, which includes an upgrade in type of license to Type 47. He addressed Condition #12, and the language, "at the determination of the Police Chief'. He expressed his concern that this would be a unilateral decision and as worded they would not be able to address any perceived problems prior to the decision. He asked that this be reconsidered, and that they be able to have a meeting with the Police Chief prior to any such decision. He also stated that it had been a pleasure working the City staff. Some discussion followed. Ross Trindle, Assistant City Attorney, informed the applicant that the practice of requiring security would follow a standard procedure and more than likely would include dialogue with the business operator prior to such a directive, and usually would be an equitable solution. Mr. Brewer stated that such a condition would place a contingency onto the business, plus they did not anticipate any incidents based on the upgraded alcohol license, noting there are many Type 47 licenses through out the City. He noted that it was foreseeable that an incident initiated from Embassy Suites, perhaps in the parking lot, might spill over to Mimi's parking lot and they might somehow be held responsible, unless provided a forum to address those complaints. He suggested the language be re- examined for this consideration. Addressing questions /comments from the Commission, he sated that the hours of the restaurant are 7 a.m. to either 10 or 11 p.m., but asked to stay open until midnight in order to allow patrons to complete their meals. Drinks will be prepared in an area in the rear of the restaurant, with the possibility of providing a small bar in the restaurant in the future, perhaps after a year or so. Commissioner Vasquez inquired into any restrictions regarding alcohol sales near to schools. Mr. Trindle stated that these regulations have been left to local discretion. Following further discussion, Mr. Brewer agreed to end alcohol sales at midnight. He also pointed out that, as part of the ABC act, it is incumbent upon the applicant to notify schools within 600 feet of their requested license. Vice - Chairman Kiefer asked for correspondence. Ms. Flores stated that no correspondence had been received regarding this request. Vice - Chairman Kiefer invited members of the public to address the Commission. There were no persons in the audience wishing to address the Commission on this matter. Vice - Chairman Kiefer closed the public hearing. PLANNING COMMISSION MINUTES, JULY 21, 2010 — PAGE 3 Page 4 Planning Commission discussion: Commissioner Murray noted, as a family restaurant, he had no concerns with the change in license Type to 47. He wanted the patio area to be included as restaurant, and not be restricted from the upgrade, and asked for clarification. He addressed Condition #12, regarding the potential to be required by the Police Chief to provide additional security, and suggested language to modify the directive, perhaps adding "if required ", and wondered if Embassy Suites had such a requirement. Mr. Trindle responded that the patio is ordinarily viewed to be part of the restaurant, but if the Commission wished to clarify, they might add "to include the patio "; and the language stating that the Police Chief is able to require additional security, is standard. Addressing Condition #12, Commissioner Vasquez agreed that he thought the language is beneficial and a good standard practice to follow. He asked that the hours of serving alcohol have some limit stated, whether it be midnight or 1 a.m. Vice - Chairman Kiefer agreed that a restriction be stated and asked the applicant if he was amenable to 7 a.m. to 12 midnight. Commissioner Murray said he favored a later time, noting that Embassy Suites was able to serve until 2:00 a.m. Community Development Director Saeki interjected that he believed the restaurant was not open until midnight and asked that their hours of operation be clarified. Summer Merhoff, Mimi's Cafe (Administrative Offices), 18872 MacArthur Boulevard, Suite 400, Irvine, 92612 addressed the Commission and noted that although the restaurant does not accept patrons after 11 p.m., a patron who comes in at 10:59 p.m. could potentially be there up until after midnight. Mr. Trindle suggested that the conditions that have been discussed be clarified: conditions 9, 12, and the statement limiting alcohol sales. William Davis, City Planner, stated it might be appropriate for the applicant to provide an updated site plan showing the areas that allow alcohol sales. Following discussion, the Commission agreed that the site plan was acceptable as provided, with the language to clarify that the patio was viewed as part of the restaurant; that Condition No. 9 be modified accordingly, adding "to include patio area, and that the hours of serving alcohol be stated as 7 a.m. to 12 Midnight; and Condition No. 12 be modified by adding "and in consultation with ", to read: "The owner /applicant shall provide licensed and bonded, uniformed patrolmen or security guards at such times as determined by, and in consultation with the Chief of Police." It was moved by Commissioner Murray, seconded by Commissioner Vasquez and passed by all Commissioners present: Commissioners Vasquez, Murray and Kiefer, with Commissioners Lambros and Chairman Morales absent, to adopt Resolution No. 10 -2652, with the modifications as discussed. Vice - Chairman Kiefer 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. PLANNING COMMISSION MINUTES, JULY 21, 2010 — PAGE 4 Page 5 VIII. ORAL COMMUNICATIONS: Community Development Director, Brian Saeki, shared with the Commission that this evening would be Assistant Planner, Shion Hori's last presentation to the Commission, as she prepared to return to her hometown. Each of the Commissioners, along with City Planner, William Davis, expressed their thoughts on this loss to the City, as well as wishing Ms. Hori well with her future endeavors. IX. OTHER BUSINESS: The Commissioners asked about the welfare of fellow Commissioner, Terry Lambros, asking to be kept informed of her progress, following a recent hip replacement surgery. X. ITEMS FOR FUTURE AGENDA: Ross Trindle, III, Assistant City Attorney, explained to the Commission an idea that he and Community Development Director Saeki had been discussing which would involve different methods the Commission could employ in order to streamline the Planning Commission meetings. He stated the goal would be to eliminate superfluous procedures, in favor of streamlining, without compromising the public input process. He stated that these ideas would be brought before the Commission at an upcoming meeting. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:25 p.m., in memory of Mary Mazon Aguilar, Aunt to Rebecca Guerrero of the City of Downey Community and Economic Development Department, to August 4 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 18th day of August, 2010. Robert Kiefer Robert Kiefer, Vice - Chairman CITY PLANNING COMMISSION I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 18th day of August, 2010, by the following vote: AYES: COMMISSIONERS: Murray, Kiefer, Vasquez ABSTAIN: COMMISSIONER: Lambros, Morales ABSENT: COMMISSIONER: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H: \PLANNING \PC Minutes - 2010 \July 21, 2010 - Minutes.doc PLANNING COMMISSION MINUTES, JULY 21, 2010 — PAGE 5