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Home My WebLink AboutPC Minutes - 11/02/2011MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, NOVEMBER 2, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A regular meeting of the Planning Commission was held November 2, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: Ernie Garcia, District 4 Louis Morales, District 3 Michael Murray, District 1, Vice-Chairman Hector Lujan, District 5 Robert Kiefer, District 2, Chairman ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich, City Attorney William Davis, City Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a vote of 3-0-2, with Commissioners Luj an and Kiefer abstaining, to approve the Minutes of October 26, 2011. IV. AGENDA CHANGES: Community Development Director Saeki stated 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 last week’s Council meeting held October 25, 2011. VI. CONSENT CALENDAR ITEMS: Chairman Kiefer noted there were no Consent Calendar items on this evening’s Planning Commission agenda. VII. PUBLIC HEARING ITEMS: Commissioner Murray stated that due to a potential conflict of interest (proximity to his place of business), he would be abstaining on this item. Commissioner Murray then left the dais. 1. PLN-11-00226 (CONDITIONAL USE PERMIT) Location: 8659 Florence Avenue Owner: Antoinio D. Campos Applicant: Le Nguyet To 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 request for approval of a Type 21 (Off Sale General, Package Liquor Store), State of California Alcoholic Beverage Control license, to authorize the sale of beer, wine and distilled spirits for consumption off the premises of Price’s Liquor (formerly known as Gus’ Liquor) on property zoned C-2 (General Commercial). Chairman Kiefer opened the public hearing for PLN-11-00226 (Conditional Use Permit) for property located at 8659 Florence Avenue. Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, NOVEMBER 2, 2011 – PAGE 1 Page 2 William Davis, City Planner, presented staff’s report and accompanying PowerPoint, stating staff’s recommendation is for approval, with the conditions of approval included in Resolution No. 11-2738, attached to the staff report. He noted the existing liquor store has sold off sale, general packaged liquor for more than 40 years, under the name “Gus’ Liquor”, prior to closing several months ago. He noted the C-2 zone allows for the sale of alcohol with a conditional use permit. Mr. Davis pointed to two of the required conditions of approval recommended by staff: 1) That the property owner remove the motor home parking in the rear of the store; and 2) That the existing asphalt parking lot be patched and slurry sealed (within 90 days). Mr. Davis noted that the parking lot cannot be accessed from Lakewood Boulevard due to a landscaped median that exists between the neighboring pr operties. Access to parking is from Florence Avenue, at the front of the property and off Tristan, to the rear of the property. Responding to an inquiry from Chairman Kiefer, Mr. Davis noted that the business operator has had experience running another liquor store. Community Development Director Saeki suggested that Condition #19 (patch and slurry seal the parking lot), be the responsibility of the owner only, and strike “applicant”. Chairman Kiefer noted that Condition #18 should also be modified, striking “applicant”, and adding “owner”, to make the owner responsible for removing the motor home from the premises, and restricting further parking of such motor vehicles within the lot. Chairman Kiefer addresses hours of operation (Conditions 7 & 9), asking to clarify. Mr. Davis responded, while Condition No. 7 indicates the store may be open 24-hours, Condition No. 9 states the hours that the applicant has indicated. Tom Oo, applicant’s representative, clarified further, currently they are planning to be open 12-Noon to 12- Midnight, therefore they will only sell alcohol during these hours. However, they may decide to increase the stores hours when they get established. He noted that the store is currently closed, yet they still operating expenses. He asked when he’d able to start selling liquor. Mr. Saeki stated that the liquor store and the sale of alcohol require the approval of the conditional use permit, as well as approval by ABC (Alcohol Bever age Control). After receiving these approvals and an approved business license, the owner /operator may begin sales immediately. Chairman Kiefer inquired about the operator’s past experience. Mr. Oo noted that they had operated Price’s Liquor at the corner of Tecum Road and Old River School Road for many years. Responding to another question, Mr. Oo noted that they had had one violation when his wife failed to check an ID. He added, they had cleared this violation and have been extra careful ever since. City Attorney Yvette Abich Garcia affirmed, the Department of ABC closely scrutinizes all operator applications. They will check the applicant’s past history. Chairman Kiefer asked staff for correspondence submitted. Mr. Davis stated that no correspondence had been received. Chairman Kiefer invited members of the public to address the Commission. No one came forward at this time. Chairman Kiefer closed the public hearing. PLANNING COMMISSION MINUTES, NOVEMBER 2, 2011 – PAGE 2 Page 3 Commissioner Morales asked to clarify the use of the motor home, which he had noticed was hooked up to the building. He also commented that the revision to Condition #18 was acceptable. He noted that there were two separate parcels and two separate property owners sharing the parking lot, this request would only affect this property owner’s parcel. Commissioner Morales also asked to clarify hours of operation vs. hours of alcohol sales. Chairman Kiefer re-opened the public hearing and addressed the question to Mr. Oo. Mr. Oo responded, stating both the requested store hours and the requested hours for alcohol sales are from Noon to Midnight. He would also prefer that Condition No. 7 remain unchanged (24-hours, seven days a week), for when they are prepared to increase their hours of operation. He agreed to the changes recommended; 1) for Condition No. 18, add “owner”; Condition No. 19, delete “applicant”. Chairman Kiefer re-closed the public hearing. Commission comments: Commissioner Morales stated that the applicants have operated within the City for many years and he was not aware of any problems. Commissioner Lujan stated that he had no concerns with the applicant’s request, noting the limited hours of alcohol sales. C hairman Kiefer agreed, he did not see any issues with this applicant’s request. It was moved by Commissioner Morales, seconded by Commissioner Garcia and passed by a 4-0-1 vote, with Commissioner Murray abstaining, to adopt Resolution No. 11-2738, as modified. 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 VIII. ORAL COMMUNICATIONS : The Commissioners asked for updates on certain developments. Community Development Director Saeki provided the following updates: 1) The Gateway project is moving along; they are currently grading the site. The building plans are being routed for final signatures. 2) La Barca Restaurant is getting closer to opening, looking at 30-45 days. 3) The City is seeing activity in th the Downtown, to include a proposal for the former Around the World Daycare location on 4 & New Streets; and the former D’Arte site on Downey Avenue. City Attorney Yvette Abich Garcia stated that she would be holding an Ethics seminar on November 17, from 6 – 8 p.m., for any Commissioner in need to update their certificate. Certificates need to be renewed every two years. Commissioner Murray informed the Commission of tw o upcoming events: 1) Thursday morning, November 3, will be the Chamber-sponsored prayer breakfas t; 2) The Chamber is encouraging attendance for the performance of “America” at the City’s Theatre on Saturday, November 8. He noted that a portion of the proceeds would benefit Easter Seals. Commissioner Morales acknowledged Dan Fox, as well as Jerry Andrews, in the audience. Commissioner Murray acknowledged a young man in the audience, who stated he was a student at Rio Hondo College, enrolled in the Graphic Design program. IX. OTHER BUSINESS: Community Development Director Saeki stated that the Special meeting being scheduled for November 30 to review the Tierra Luna Spec ific Plan is still under consideration; however, it is not clear yet if Planning can bring the item on November 30, or soon thereafter. X. ITEMS FOR FUTURE AGENDA: No future agenda items were discussed. PLANNING COMMISSION MINUTES, NOVEMBER 2, 2011 – PAGE 3 Page 4 XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:00 p.m., to November 16, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., in memory of Bruce E. Black, brother of Dee Bacus and 1961 Downey High School Graduate, who passed away on October 17, 2011. APPROVED AND ADOPTED this 7th day of December, 2011. Robert Kiefer 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 7th day of December, 2011, by the following vote: AYES: COMMISSIONERS: Garcia, Morales, Murray, Kiefer ABSENT: COMMISSIONER: Lujan ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commiss ion\Minutes\2011\Nov. 2, 2011- Minutes.doc PLANNING COMMISSION MINUTES, NOVEMBER 2, 2011 – PAGE 4