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HomeMy WebLinkAbout00. Jan 19, 2011-Draft Minutesy OF D0 C 4 L I RAO ALSO PRESENT: DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JANUARY 19, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held January 19, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:33 p.m. II. COMMISSIONERS PRESENT: Robert Kiefer, District 2, Vice Chairman Michael Murray, District 1 Ernie Garcia, District 4 Louis Morales, District 3, Chairman Brian Saeki, Community Development Director Yvette M. Abich Garcia, City Attorney John Perfitt, Assistant Community Development Director David Blumenthal, Senior Planner Jessica Flores, Associate Planner Theresa Donahue, Secretary MINUTES: It was moved by Commissioner Murray, seconded by Commissioner Kiefer and passed by a vote of 3 -0 -1, with Commissioner Garcia abstaining, to approve the Minutes of January 5, 2011. AGENDA CHANGES: Community Development Director Saeki stated that there were no changes to the agenda. REPORT ON CITY COUNCIL ACTION: No Council report was provided. Community Development Director Saeki introduced Ernie Garcia, newly appointed Planning Commissioner for District 4. The Commissioners welcomed Commissioner Garcia. CONSENT CALENDAR ITEMS: Chairman Morales noted there were no Consent Calendar Items. VII. PUBLIC HEARING ITEMS: 1. CONDITIONAL USE PERMIT No. 09 -03 Location: Owner /Applicant: Authorized Agent: Staff: CEQA: Request: 11416 Old River School Road Livingston Trust, c/o Duane Alstrom Eric Lee Jessica Flores 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). 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, reminded the Commission of their action from the previous Commission meeting, January 5, 2011, where they asked that the applicant be present at the hearing PLANNING COMMISSION MINUTES, JANUARY 19, 2011 — PAGE 1 Page 2 to answer their questions and affirm her understanding of what the conditions entail. Ms. Flores noted that the applicant was present. Ms. Flores then provided a brief presentation describing the proposed massage operation (Green Day Spa), hours of operation (Mon -Sat, 10 a.m. to 8 p.m.) and reviewed the floor plan with the Commission. She stated staff recommends approval of the proposal, subject to the conditions recommended, finding that the business allows for a diverse tenant base at this establishment and it will be a good addition to the center. Commissioner Murray inquired about Public Works Condition No. 19, requiring utilities to be installed underground. Commissioner Kiefer asked if there was an exit in the rear, and whether or not it would be utilized for access and /or parking? Ms. Flores responded that any new work would be under the City's development standards for undergrounding utilities and that the rear access may need to remain unlocked during daytime hours for emergency purposes. Young Kim, applicant, 1214 S. Magnolia St., Los Angeles, addressed the Commission. She stated her acceptance of the recommended conditions of approval. She then responded to the questions from the Commission, noting the following: she is a licensed masseuse, licensed with California Association as a licensed therapist, which requires 500 hours, insurance, and requiring her to abide by all California laws. Ms. Kim stated that she has another facility in Downey at 9472 Firestone Boulevard (M & A Day Spa). In addition, each massage takes % hr., 3 hr., or 1 hour and costs $50- $75 -$90, respectively, for full body massage. She stated that all masseuses will be licensed and three masseuses work each day. Proposed hours of operation are 10 a.m. to 8 p.m., Monday thru Saturday; and the facility is open to both male and female clients. Ms. Kim noted that although state law permits clients to be 18 years old, her policy is that they be at 21 years old. In addition, she noted that all her masseuses are female; she has no male masseurs. She stated that they will have five (5) private rooms and two showers. Ms. Kim explained that she has owned and operated her other facility since 2000. However, she became sick and was unable to operate the facility from 2007 until 2010, when she took the business back. Community Development Director Saeki stated that he was not aware that the applicant had another facility in Downey and asked Ms. Kim her plans for the other facility. Ms. Kim responded that she intended to maintain both locations. There were no further questions of the applicant. Chairman Morales invited people from the audience to address the Commission on this matter. 1. Nancy Alstrom, representing the owner, 1220 S. Bellhaven, Apt #235, Anaheim, Ca.92806, addressed the Commission. She stated that they favored an approval in order to fill a vacancy at the center. She had no further comments. Commissioner Kiefer inquired of staff the number of massage businesses in the city. Senior Planner David Blumenthal replied that he was aware of three, other than those associated with a chiropractor or those part of a beauty salon. Community Development Director Saeki suggested the Commission postpone a decision on this matter until staff has an opportunity to check for any potential problems that may have been associated with the applicant's facility on Firestone Boulevard. Chairman Morales agreed, noting that in past reviews of businesses that require clear visibility of their entrances, the City has required windows to stay open and clear, with full visibility of the front waiting areas. He stated a concern that this unit's lobby design would restrict such open visibility. Commissioner Murray added that he would like to know if there had been any violations at this applicant's other facility. DRAFT PLANNING COMMISSION MINUTES, JANUARY 19, 2011 — PAGE 2 DRAFT Page 3 It was moved by Commissioner Kiefer, seconded by Commissioner Murray and passed by a 4 -0 vote, to continue this matter two weeks, until February 2, 2011. 2. CONDITIONAL USE PERMIT No. 08 -29 Location: 10924 Paramount Boulevard Owner /Applicant: Ricardo M. Vazquez/Carico Investments, LLC Authorized Agent: Walter Vazquez Staff: William Davis 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 month review for an existing restaurant (Downey Brewing Company) with alcohol sales (Type 75, On -Sale General, Brewpub) and live entertainment, on property zoned Downtown Downey Specific Plan (DDSP), previously zoned C -3 (Central Business District). Chairman Morales opened the public hearing for Conditional Use Permit No. 08 -29. Community Development Director Saeki stated that Associate Planner, Jessica Flores, would be presenting staff's report for William Davis. Ms. Donahue affirmed that the hearing had been continued to a date certain. Jessica Flores, Associate Planner, presented staff's report. She affirmed that the hearing had been continued to a date certain from the Commission's November 17,2 010 meeting. She stated that the applicant has been working with staff to complete the required conditions for the facility, which include: 1) legalize (get permits for) the patio cover and its enclosure; and 2) provide an approved trash enclosure. She noted that Mr. Vazquez' plans were nearly ready for him to pull permits. Ms. Flores identified one setback for the applicant has been the requirement for him to secure a welding certificate from the company that manufactured the patio structure. She stated staff supports a 60 -day continuance to April 6, pointing to the applicants' efforts to gain plan approval to start the work. She affirmed that this patio was initially installed by the former owners of the Nordic Fox Restaurant. The applicant's representative, Sergio Vazquez, 10023 Casae Drive, Whittier, Ca. 90603 explained that the latest delay is due to the City being backed up on plan approvals. He also explained the patio had been installed by the owner of Nordic Fox, but was a temporary-style awning that he immediately upgraded when they bought the restaurant. Mr. Vazquez stated that the canopy company had not informed them that a permit would be required. He noted that they are now awaiting final signatures on their plans, from Building Division's Rik Hobbie, who had requested the welding certificate for the structure. Mr. Vazquez stated that the canopy manufacturer had not been able to provide the requested documentation. He said that the company pre- manufactured the structure off -site and no welding certificates have been required of them to make them. He also stated that in order to meet this requirement, he has had to hire a specialized inspector to provide the certification. In addition, he noted that they are moving forward with the patio enclosure, which may be complete as early as tomorrow, January 20. Finally, Mr. Vazquez explained that plans for the trash enclosure have been with the City for 60 days, and that he has been waiting for the Building Division to sign them off. Commissioner Kiefer asked the applicant, once the plans are approved, how long will the work take? Mr. Vazquez responded, that because every step of the work requires inspections, it will take approximately three (3) weeks. Chairman Morales asked staff what is the turn around time for requested building inspections? Mr. Saeki stated that typically inspections are done the next day. As a response to Mr. Vazquez' allegations that the City was taking too long, he stated that the applicant agreed to these conditions of approval about eight months ago. He also noted that although the City is running very lean, the City opted to keep Mr. Vazquez' plans in -house to limit potential delays. He also stated that Mr. Hobbie's requirement that Mr. Vazquez obtain a welding certificate is reasonable, since the City is obligated to DRAFT PLANNING COMMISSION MINUTES, JANUARY 19, 2011 — PAGE 3 DRAFT Page 4 provide safe structures for patrons. Mr. Saeki didn't believe this requirement created an onerous situation for the owner. Chairman Morales stated that he was surprised that the manufacturing company that installed the canopy had not known that permits are required to install anything that is cemented down. Mr. Saeki agreed with Chairman Morales, noting that 99.9% of the time permits would be required for such structures. Chairman Morales noted that staff's recommended extension for 60 days would appear to be warranted. It was moved by Commissioner Murray, seconded by Commissioner Kiefer and passed by a vote of 4 -0 to extend this public hearing item to April 6, 2011. VIII. ORAL COMMUNICATIONS: 1. Commissioner Garcia let the Commissioners know that he was happy to be serving with them on the Planning Commission, and noted that he had been a Downey resident for many years and had participated on different boards. 2. Commissioner Murray relayed a problem that occurred along Lakewood Boulevard, north of Florence Avenue, whereby lanes had remained closed long after the working crew had vacated the project. After a phone call to the City, lanes had been opened up. IX. OTHER BUSINESS: 1. Year in Review 2010 was presented by David Blumenthal, Senior Planner. Mr. Blumenthal presented a PowerPoint exhibit to the Commissioners highlighting the past years projects, which included: 1) Public counter activity: 6,881 people assisted by Planning during the year. 2) The City's Accela program went live, switching over the accessing of plan checks and permits from each of the City's Departments to a single software program. 3) Facade Improvements at several locations included a retail center, medical building, office building, and restaurant. 4) Projects reviewed by the Planning Commission during the year included 20 cell tower applications, seven ABC licenses, church carnivals, a fitness center at 3r & Myrtle, Code revisions to the H -M zone setbacks, a foot massage business on Lakewood and child care facility relocating from Downtown to Lakewood /Cherokee. 5) Projects that were completed in 2010 included: Porto's Bakery, Carl's Jr remodel, cell towers stealthed as a cross at a church site and at another location as a pine tree, noting where a live pine tree was planted nearby the stealthing was more aesthetically acceptable. 6) The Planning Commission met 22 times, and reviewed 68 public hearing items; and one study session with the City Council. The large scale projects reviewed by the Planning Commission in 2010 included recommending approval of the Downtown Specific Plan to the City Council, approved the site plan and Development Agreement for the Gateway Project at the corner of Downey Avenue and Firestone Boulevard; and approved the site plan review application for the new Walgreen's at Imperial and Paramount Boulevard. In closing, Mr. Blumenthal let the Commissioners know the projects anticipated this coming year: 1) a possible Master Plan for the Civic Center; 2) a hotel development on the long, narrow strip on Woodruff, adjacent to Calvary Chapel; and 3) entitlements for Tierra Luna Specific Plan. 2. Election of Officers: Chairman Morales thanked the Commission and staff for their hard work this past year and for the support they had provided to him during his year as Chairman. He then nominated Robert Kiefer for Chairman and Michael Murray for Vice - Chairman. There were no other nominations. The nominations were affirmed with a 4 -0 vote. X. ITEMS FOR FUTURE AGENDA: No Future Agenda Items were addressed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:20 p.m., to February 2, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., DRAFT PLANNING COMMISSION MINUTES, JANUARY 19, 2011 — PAGE 4 DRAFT Page 5 APPROVED AND ADOPTED this 2nd day of February, 2011. I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 2nd day of February, 2011, by the following vote: AYES: COMMISSIONERS: ABSTAIN: COMMISSIONER: Lujan H: \PLANNING \PC Minutes 2011\Jan 19, 2011 - Minutes.doc Robert Kiefer, Chairman CITY PLANNING COMMISSION Theresa Donahue, Secretary CITY PLANNING COMMISSION DRAFT PLANNING COMMISSION MINUTES, JANUARY 19, 2011 — PAGE 5 DRAFT