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HomeMy WebLinkAbout0. Draft Minutes - 1-05-11DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JANUARY 5, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held January 5, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: 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 Yvette Abich Garcia, City Attorney John Perfitt, Assistant Community Development Director William Davis, City Planner Jessica Flores, Associate Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Murray, seconded by Commissioner Kiefer and passed by a vote of 4 -0 to approve the Minutes of December 1, 2010, amending page 4, correcting "former Kaiser" building to "former Boeing" building. IV. AGENDA CHANGES: Mr. Saeki indicated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki took this opportunity to introduce the City's new attorney, Yvette Abich Garcia, who was attending her first meeting with the Planning Commission. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar Items. VII. PUBLIC HEARING ITEMS: 1. PLN -10 -08129 (CONDITIONAL USE PERMIT /SITE PLAN REVIEW) Location: 193 Stonewood Street Owner /Applicant: Macerich Stonewood LLC Authorized Agent: Cindy Block/Liquor License Specialists Staff: Kevin Nguyen 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: Conditional Use Permit and Site Plan Review applications to establish a 7,386 square foot restaurant (Buffalo Wild Wings), with outdoor seating and the sale alcoholic beverages, on property, zoned SP 89 -1 (Stonewood Specific Plan). Chairman Morales opened the public hearing for PLN -10- 08129, to establish a Buffalo Wild Wings restaurant at the Stonewood Center. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, JANUARY 5, 2011 — PAGE 1 Page 2 Kevin Nguyen, Assistant Planner, presented staff's report and accompanying PowerPoint exhibits. He noted the proposed restaurant operators have indicated their desired hours of operation are 9 a.m. to 2 a.m., seven days a week. He stated the application includes a request for a Type 47 alcohol sales license and as part of staff's recommendation for approval, Condition #15 will require alcohol sales to stop at 1 a.m. He reviewed detailed changes planned for the existing vacant retail unit, which formerly housed F.Y.E. (For Your Entertainment), and prior to that, Wherehouse Records. He said that proposed Buffalo Wild Wings restaurant will be 7,386 sq. ft. and provide an outside patio area that will be located directed next to the mall entrance. Mr. Nguyen described the materials proposed for the facade remodel and called the design contemporary and provided exhibits to show the proposed change. He stated that new landscaping will be provided. He also noted that the signs for the restaurant will be brought back to the Commission at a later date. Responding to questions /comments from the Commission, Mr. Nguyen affirmed that there would be a service bar in the patio area, which can be used for service drinks; the door to the interior of the mall will be closed when the mall closes. People will not be able to enter the mall from this entrance after closing. Ed Keegan, Regional Construction Manager for Buffalo Wild Wings in Southern California, 4961 Milano Way, Martinez, Ca. was present along with their architects Rick Rengel, Rengel Architects and Mike Ayaz, from First Specialists. He told the Commission they were excited to be coming to Downey and especially at this location and were present to answer any questions the Commission may have. Mr. Keegan affirmed that the door that leads to the interior of the mall will be locked when the mall is closed, while the primary entrance is not from inside the mall. In regards to the patio bar area, Mr. Keegan stated this would be set up as a service bar for serving drinks. Mr. Keegan provided the following about Buffalo Wild Wings: they operate 60% franchise to 40% corporate stores and this particular store is a corporate store, and therefore they will have a bit more latitude controlling the management and operation. The types of foods will be a diverse array of convenience -type such as hamburgers /steaks, fries, wings and salads. Michael Ayaz, 2107 N. Broadway St., Ste 106, Santa Ana informed the Commission that they do plan to allow alcohol to be sold on the patio, and attendants will be present at all times. He reminded the Commission that they have applied for a Type 47 license which permits beer, wine and distilled spirits. Chairman Morales asked Mr. Keegan if he'd reviewed and agreed to the conditions of approval. Mr. Keegan stated that he had read and accepted all recommended conditions of approval. Chairman Morales invited members of the audience to address the Commission. There were no persons from the audience wishing to address the Commission. There being no further comments, Chairman Morales closed the public hearing. Commission comments: Commissioner Lambros stated that she was very pleased to have this new business coming to Downey, and noted that Buffalo Wild Wings would be an attractive entry into the Stonewood Mall. Commissioner Murray agreed, noting that he liked the design and thanked the applicants for coming to Downey. He stated his belief that the restaurant would be very successful at this location. Commissioners Kiefer and Morales stated their agreement. DRAFT PLANNING COMMISSION MINUTES, JANUARY 5, 2011 — PAGE 2 Page 3 It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a vote of 4 -0, to adopt Resolution No. 11 -2694, approving PLN -10 -08129 and thereby approving the Conditional Use Permit and Site Plan Review for Buffalo Wild Wings. 2. CONDITIONAL USE PERMIT No. 08 -04, REVISION 131 Location: 11402 Old River School Road Owner /Applicant: Livingston Trust, c/o Duane Alstrom Authorized Agent: Blanca Melendez 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 six (6) month review for compliance with the conditions of approval for live entertainment at an existing restaurant (Habana Cafe) with alcohol sales (Type 47, On -sale, General Eating Place), on property zoned C -2 (General Commercial). Chairman Morales opened the public hearing for Conditional Use Permit No. 08 -04, Revision B. Ms. Donahue affirmed proof of publication. Jessica Flores, Associate Planner, presented staff's report for the six month review of required conditions of approval for the Havana Cafe for the property located at 11402 Old River School Road. She noted that the Commission had reviewed this request for live entertainment at the restaurant a couple of times now. Ms. Flores noted that while 27 of the recommended 28 conditions have been completed, the one under discussion is in regards to the condition of the parking lot. Condition No. 16 reads, "The owner /applicant shall patch and slurry seal the asphalt parking lot (within 180 days of this adopted resolution. ") Ms. Flores provided the PowerPoint slideshow documenting the cracked (alligatoring) and pot -holed asphalt, which had been patched and slurry sealed, but without permits. She explained that the property owner did not realize he needed to pull a permit to slurry seal, but had he done so, he would have been informed during the inspection process that the job was inadequate and unacceptable. She pointed out that the cracking and potholes cause stagnant water to collect. But, as it stands, the applicant now needs more time to meet this condition. Ms. Flores stated that she had been told that the more economical way to repair the paving would be to replace the longitudal gutter and add 2" asphalt overlay over the existing asphalt, which should add another 10 years to the life of the parking lot. She informed the Commission that staff would agree to another six (6) months to meet this requirement, which does call for the applicant to pull a permit. In addition, Ms. Flores noted that no complaints had been received in regards to the restaurant's activities. Some discussion followed, with the Commissioners addressing the condition of the parking lot, Mr. Alstrom's attempt to meet condition #16, albeit incorrectly; the condition of the parking lot and how that affects the look of the retail center; the Commission's direction to tenants that they work with the property owner to improve the look of the center to include the parking lot; that the owner had been present at that hearing and had agreed to work with staff to meet these conditions. It was pointed out that the applicant had the work done about one year ago (following the September, 2009 Planning Commission decision); he had contracted to slurry seal the parking lot and he claimed that the lot looked better immediately following the work. DRAFT PLANNING COMMISSION MINUTES, JANUARY 5, 2011 — PAGE 3 Page 4 The Commission pointed out that a slurry seal that looked in such a state after only one year is a good example of why this is not the appropriate means to improve the surface of the parking lot and also one of the problems that would be alleviated if the work were to have been inspected. Duane Alstrom, 39687 S. Old Arena Drive, Tucson, Arizona responded noting that he thought he'd met the condition when he had the lot patched and slurry sealed and only learned that it was not acceptable a few weeks ago. He agreed that the lot still needed to be repaired, but stated that to do it to the City's standard will cost between $100,000 to $150,000 and he'd need 6 -9 months to budget for it. Community Development Director Saeki assured that staff was willing to allow that time, as needed. The Commissioners asked Mr. Alstrom to confirm if six months would be sufficient time to complete the work under discussion? Mr. Alstrom responded yes, and that he would follow through with the completion of the work as requested. Commissioner Kiefer commented that this retail center is strategically located, in that it is one of the first seen as one enters Downey from the west and it is important that it be maintained. He said he wanted to see the lot improved correctly and realized it would be expensive and that is why he would support a six -month extension. He also stated that the center still displays A -frame signs, which are not permitted in Downey and some handwritten window signs, which are not attractive. Chairman Morales asked if the banner had been removed from the premises, noting that there had been one displayed in the exhibit. Ms. Flores responded that the applicant had taken out a permit for banners, but she had not noticed an A -frame when she was there, agreeing that A- frames are not permitted. Chairman Morales and Commissioner Murray indicated empathy toward Mr. Alstrom due to the financial burden, since a thin layer of asphalt (slurry) will not be sufficient to repair the parking lot's disrepair. It was discussed that the lot may require grinding down and grading before repaving and suggested Mr. Alstrom meet with a contractor to determine what is required. However, Chairman Morales suggested that Mr. Alstrom not wait the six months before getting started with estimates, etc. since the goal is to have the work complete in six months. Commissioner Kiefer suggested providing an update to the Commissioners in two to three months, to know that something is being done. Nelson Ramirez, 11402 Old River School Road, General Manager of the Havana Cafe restaurant, addressed the Commission. He responded to questions from the Commissioners, noting that they had worked with the owner to have the area in front of their restaurant re- paved. He also shared that business has slowed down the last three months. There being no further comments, Chairman Morales closed the public hearing. Commission comments: The Commissioners indicated support for a six month extension to complete Condition No. 16, clarifying that Mr. Alstrom must obtain a permit before beginning the work. Some discussion followed regarding clarifying the language to clearly state permits are required for all work. DRAFT PLANNING COMMISSION MINUTES, JANUARY 5, 2011 — PAGE 4 Page 5 Community Development Director Saeki agreed that language may be modified for future conditions, to indicate that improvements, including parking lots, shall be to City standards. Chairman Morales suggested additional language within resolutions directing the applicant to meet with staff to review all conditions and to be sure there is no ambiguity. It was moved by Commissioner Murray, seconded by Commissioner Kiefer and passed by a 4 -0 vote, to adopt a Minute Action, extending the completion of Condition No. 16 another 180 days, and to be brought back to the Commission for review in three months. 3. CONDITIONAL USE PERMIT No. 09 -03 Location: 11416 Old River School Road Owner /Applicant: Livingston Trust, c/o Duane Alstrom Authorized Agent: Eric Lee 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 permit a massage establishment on property zoned C -2 (General Commercial). Chairman Morales opened the public hearing for Conditional use Permit No. 09 -03. Ms. Donahue affirmed proof of publication. Jessica Flores, Associate Planner, presented staff's report and accompanying PowerPoint, noting one correction to the agenda which misstated the agent to be Blanca Melendez. The correct agent is Eric Lee. Ms. Flores noted that Mr. Lee was not present, but Mr. Alstrom the property manager (applicant) was present. She provided an exhibit of the site plan for the tenant's unit. In addition, Ms. Flores stated that staff was aware of possible concerns for this type of business and therefore conditions have been created to address such concerns, noting that all the massage technicians and the business operator would be required to obtain police permits, (Condition No. 14). Chairman Morales invited the applicant forward. Duane Alstrom, 39687 S. Old Arena Drive, Tucson, Arizona, addressed the Commission. He noted that the owner of the business is Young Kim and she was looking forward to getting the approval processed. He was not able to respond to the Commissioners questions regarding number of employees, types of improvements required before opening, etc. He noted that there is currently one bathroom. Ms. Flores informed the Commission that Ms. Kim would be employing no more than eight technicians at any one time. There were no persons in the audience wishing to address the Commission on this matter. Commissioner Murray stated that he was happy to see the center had another tenant moving in. Chairman Morales was concerned that the applicant/operator was not present to respond to the Commissioners questions. He specifically wanted to clarify the layout of the rooms, number of technicians and that she was clear about the sign regulations. In addition, the applicant is not present to confirm her agreement to the recommended conditions of approval. The Commissioners agreed that they were not comfortable approving this item with the conditions as stated, or revised, without the applicant present, since they would like to have her affirm that all the technicians are certified. DRAFT PLANNING COMMISSION MINUTES, JANUARY 5, 2011 — PAGE 5 Page 6 It was moved by Chairman Morales, seconded by Commissioner Murray and passed by all Commissioners, to continue the item to the next meeting, January 19, 2011. VIII. ORAL COMMUNICATIONS: Public: There were no persons wishing to address the Commission. Commissioners: Commissioner Lambros asked staff to check into what is happening (or rather why nothing has been happening) for the property at Lemoran and Gallatin. Community Development Director, Brian Saeki said that many home owners had been affected by the economic downturn and were unable to complete work after having begun. But, he did not know if that was the reason for this particular property. He said he'd come back with a report for the Commission. Commissioner Murray asked about the delay of street improvements along Lakewood, north of Florence Avenue and also inquired about the process being used. Mr. Saeki responded that the City had the contractor stop all work during the holidays, but road crews are now back to work. He explained that the process involved a complete grind of the asphalt, and then repaving; he agreed it was a labor- intensive, slow process. Commissioner Kiefer wished to bring to light a problem throughout the City that is becoming more prevalent, that of unsightly utility installations. He specifically referred to cable and phone lines that are being installed and /or partially removed with no consideration of aesthetics. He asked how the City can hold the installers accountable for their work. Mr. Saeki stated his agreement; that he noticed this problem as well and stated that he would check into the matter Commissioner Morales also shared that Governor Brown's preliminary plans to eliminate Redevelopment funds could have a negative impact on cities, including Downey. IX. OTHER BUSINESS: Resolution of Appreciation for Fernando Vasquez: Chairman Morales invited Fernando Vasquez to the podium and read to him and into the record, Resolution No. 11 -2696 thanking former Planning Commissioner Vasquez for his two years of service on the Commission. Mr. Vasquez, Councilman for District 4, thanked Chairman Morales, fellow Commissioners and staff for their shared participation on past projects and for their continued commitment. He also welcomed the City's new attorney, Yvette Abich Garcia whom he has begun to work with on Council matters. X. ITEMS FOR FUTURE AGENDA: XI. ADJOURNMENT: at 7:40 p.m., to January 19, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 19th day of January, 2011. Louis Morales, Chairman CITY PLANNING COMMISSION DRAFT PLANNING COMMISSION MINUTES, JANUARY 5, 2011 — PAGE 6 Page 7 I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 19th day of January, 2011, by the following vote: AYES: COMMISSIONERS: ABSTAIN: COMMISSIONER: Garcia Theresa Donahue, Secretary CITY PLANNING COMMISSION DRAFT PLANNING COMMISSION MINUTES, JANUARY 5, 2011 — PAGE 7