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MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JULY 20, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the
Planning Commission was held July 20, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: Michael Murray, District 1, Vice-Chairman
Hector Lujan, District 5 Ernie Garcia, District 4 Robert Kiefer, District 2, Chairman COMMISSIONER ABSENT: Louis Morales, District 3 ALSO PRESENT: Brian Saeki, Community Development
Director Yvette M. Abich Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Jessica Flores, Associate Planner Theresa Donahue, Secretary III. MINUTES:
It was moved by Commissioner Murray, seconded by Commissioner Lujan and passed by a vote of 4-0-1, with Commissioner Morales absent, to approve the Minutes of July 6, 2011, as presented.
IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to the agenda. agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki stated there were no Planning
-related items to report from the City Council’s July 12, 2011 meeting. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: 1. CONDITIONAL USE
PERMIT No. 08-04, REVISION B 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 Café) with alcohol sales (Type 47,
On-sale, General Eating Place), on property zoned C-2 (General Commercial). Chairman Kiefer opened the public hearing for Conditional Use Permit No. 08-04, Revision B. Theresa Donahue,
secretary, affirmed proof of publication. PLANNING COMMISSION MINUTES, JULY 20, 2011 – PAGE 1
Page 2 PLANNING COMMISSION MINUTES, JULY 20, 2011 – PAGE 2 Chairman Kiefer noted staff’s recommendation, to acquiesce to the property owner’s (property manager’s) request that the public
hearing be continued for 30 days. Chairman Kiefer asked the secretary for proof of publication. Ms. Donahue affirmed the item had been properly noticed. Jessica Flores, Associate Planner,
addressed the Commission, noting the applicant was unable to attend this meeting; therefore staff supports a continuance to the second meeting in August, August 17, 2011. Chairman Kiefer
asked if anyone in the audience wished to address the Commission, noting that the public hearing was being continued to August 17. Jessica Parra, 9820 Newville Avenue, representing the
tenant of the property, Blanca Melendez, addressed the Commission noting the following: 1) Mrs. Melendez is concerned that this violation might affect their Conditional Use Permit associated
with this property; and 2) Mrs. Melendez has performed all the required conditions of approval, but cannot comply with the improvements to the parking lot for which the landlord is responsible.
In addition, Ms. Parra stated that they supported the landlord’s request for a continuance. There were no further comments from the public. Chairman Kiefer asked the City Attorney if
the public hearing should be left open. Ms. Abich Garcia stated that the public hearing can be closed at this time and re-opened on August 17. Chairman Kiefer closed the public hearing.
It was moved by Commissioner Murray and seconded by Commissioner Garcia, to adopt a Minute Action continuing the public hearing to August 17, 2011. 2. PLN-10-7559 (SITE PLAN REVIEW No.
10-18/CONDITIONAL USE PERMIT No. 94-66 , REV ‘N’) Location: 7857 Florence Avenue Owner/Applicant: Efstathiou, John and Georgia Trs/George Efstathiou Authorized Agent: Jorge Navarro Staff:
David Blumenthal 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: Site Plan Review No. 10-18 and Revision ‘N’ to Conditional Use Permit No. 94-66: A request to add an exterior patio to an existing restaurant
(George’s) that operates with an ABC Type 47 (On-Sale General, Eating Place) license and live entertainment, on property zoned C-2 (General Commercial). Chairman Kiefer opened the public
hearing for PLN-10-7559 (Site Plan Review No. 10-18 & Conditional Use Permit No. 94-66, Rev ‘N’. Ms. Donahue affirmed proof of publication. Senior Planner, David Blumenthal, presented
staff’s report, providing a history of the actions taken by the Planning Commission at the site, as well as a graph of the number of calls for service for the site as compared to call
for service for other bars/restaurants. Mr. Blumenthal noted staff’s recommendation for denial of the request is due to the increase in police calls, as well as staff’s concern that
the placement of the outdoor patio would affect the ingress/egress of the driveway access off Florence Avenue.
Page 3 PLANNING COMMISSION MINUTES, JULY 20, 2011 – PAGE 3 Commissioners’ inquiries/comments: Chairman Kiefer clarified the area of the proposed patio was for first floor only; and the
driveway width of 25-feet is non-conforming. Commissioner Murray addressed possible design alternatives. Applicant, Jorge Navarro, 7857 Florence Avenue, responded to the Commissioners’
comments/concerns. He described the proposed patio design to the Commissioners, which involved removing the existing pillars. He explained that access into the patio would be from inside
the restaurant and it would be placed within the existing landscaped area. Mr. Navarro also addressed the number of calls for police service, stated that he or his employees had generated
some of the calls for service to the police; that such calls had been encouraged by the police department, for situations where non-customers came in hoping to be served and were refused
because they came in already drunk and rowdy (sometimes fighting in the parking lot.) He noted these were the types of problems that he had inherited from the previous owner, and included
false reports made to the police. Mr. Navarro also addressed a complaint that had been reported whereby the restaurant was open after 2:00 a.m. (The citation stated 2:30 a.m.) He explained
that the cleaning crew, which includes family members, comes in after closing, but the restaurant was not open for service. He said there are sometimes that patrons leave cars in the
parking lot because he encourages drinkers to call a cab. Leaving cars behind gives the impression patrons are in the restaurant. Mr. Navarro stated that the restaurant is always closed
by 1:30 a.m. Mr. Navarro provided additional testimony whereby he believed that his restaurant was being singled out by the City, noting that he, himself, had been attacked while frequenting
the Downey Brewing Company, but the Police did not even get out of their vehicles, nor did they write it up. Yet, if such an incident had occurred at his restaurant/business, the police
would have come out and walked through the entire restaurant, checking guard cards, etc. In addition, the police check his guard cards every time they stop by and they stop in 2-3 times
a week. Mr. Navarro stated that the Police reports are not always accurate, since his establishment is being associated with problem patrons whom he has not served. His testimony also
addressed lack of police concerns at other locations, such as The Guardsman. Responding to Chairman Kiefer’s question about other incidents for which he’d been cited, Mr. Navarro noted
there had been an error in judgment by one of his bartenders three years ago; while another citation had been dismissed. He stated the hours of operation: Monday through Friday, 4 p.m.
to closing (no later than 1:30 a.m.); Saturdays 1:00 to closing; and Sundays 1:00 to closing. During football season, they open at 10 a.m., closing on Sundays usually 12:00-12:30 p.m.
Chairman Kiefer responded, clarifying his understanding of Mr. Navarro’s request is that he wants to reinvent his restaurant to compete with the new restaurants that have been developed,
and that he wants to create a lunch atmosphere. Chairman Kiefer suggested they close the patio after 9 p.m., to minimize noise impacts and to remain closed whenever they have entertainment
or events inside. Discussion ensued regarding the applicant’s proposal and its potential impact on incoming/outgoing traffic wishing to utilize those driveways off Florence Avenue. Chairman
Kiefer asked Mr. Navarro if the property owner was aware that the driveway would become limited to egress only. City Attorney, Yvette Abich Garcia, asked staff to clarify if the proposal
would encroach into the driveway area. Senior Planner Blumenthal responded, yes, the patio would encroach a total of 7-feet into the driveway, which includes the required 4-foot walkway.
Chairman Kiefer asked if any correspondence had been received in regards to this matter.
Page 4 PLANNING COMMISSION MINUTES, JULY 20, 2011 – PAGE 4 Mr. Blumenthal responded, no correspondence had been received. Chairman Kiefer invited comments from persons in the audience:
Wishing to speak in favor: 1. George Efstathiou, property owner, addressed the Commission expressing his support of the applicant’s requested outside patio. He stated Mr. Navarro has
been a very good tenant. He explained that some of the police calls were probably not caused by Mr. Navarro. He agreed that the patio would be a positive addition to the building, where
customers would be able to take advantage of the great weather in Southern California. There were no persons present who wished to address the Commission in opposition. There being no
further questions or comments, Chairman Kiefer closed the public hearing. Planning Commission discussion. Commissioner Murray noted that neighbors had come forward stating concerns at
public hearing years ago, but it would appear that things have turned around, since no neighbors were present stating problems or concerns. He suggested that the applicant consider redesigning
the patio in order to minimize the encroachment into the driveway. He suggested a continuance of 90 to 180 days. The Commissioners indicated they would be willing to continue the item
to allow the applicant to redesign the patio layout and to bring the plan back for their consideration. Chairman Kiefer re-opened the public hearing, and received testimony from Mr.
Navarro. Mr. Navarro stated that his only other design alternative would be to lengthen the area, while reducing the width. Mr. Blumenthal said he would meet the applicant at the site
and review the alternatives. Commissioner Murray informed the applicant that the State Department of Alcohol Beverage Control (ABC) offers classes, and recommended the applicant have
his employees attend some of them. It was moved by Commissioner Murray, seconded by Commissioner Lujan and passed by a 4-0-1 vote, with Commissioner Morales absent, to continue the request
to a date uncertain. VIII. ORAL COMMUNICATIONS: 1. Commissioner Garcia inquired if the City had any news regarding proposals for the former Massey Chevrolet site. Community Development
Director Saeki responded that he had nothing to report. 2. Commissioner Murray inquired about the former Von’s Market site on Paramount. Mr. Saeki said he understood a market was planned
for this site; but had nothing new to report. 3. Chairman Kiefer asked the Commissioners to keep their friend, former Commissioner Lambros, in their prayers, noting that she’d fallen
ill. IX. OTHER BUSINESS: 1. Mr. Saeki reminded the Commissioners of two upcoming events: 1) the Verizon Building Demolition, Thursday, July 21, 2011, at 3:00; and 2) the Nance Street
Improvements groundbreaking on Tuesday, July 26 at 10 a.m. He also stated that the Tierra Luna Specific Plan should be brought before the Commission at the end of September and would
involve 1.5 million square feet of retail, office, hotel, and movie center. Responding to Commissioner Lujan’s Lujan’s inquiry, Mr. Saeki added, no parks were apart of this plan. Updating
on a couple of other items, Mr. Saeki stated that the Fiat Dealership was doing well; and Buffalo Wild Wings was anticipating their grand opening date of August 1, 2011.
Page 5 PLANNING COMMISSION MINUTES, JULY 20, 2011 – PAGE 5 X. ITEMS FOR FUTURE AGENDA: No further items were addressed XI. ADJOURNMENT: There being no further business to discuss, the
Commission adjourned at 7:35 p.m., to August 3, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 17th day of August, 2011. Robert
Kiefer, 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 17th day of August,
2011, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONER: ABSTAIN: COMMISSIONERS: Morales NOES: COMMISSIONERS: Theresa Donahue, Secretary CITY PLANNING COMMISSION