The URL can be used to link to this page

Home My WebLink AboutPC Minutes - 07/06/2011MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JULY 6, 2011 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held July 6, 2011. After the Pledge of Allegiance to the Flag, roll was called at 6:30 p.m. II. COMMISSIONERS PRESENT: Hector Lujan, District 5 Louis Morales, District 3 Michael Murray, District 1, Vice-Chairman Robert Kiefer, District 2, Chairman COMMISSIONERS ABSENT: Ernie Garcia, District 4 ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Murray, seconded by Commissioner Lujan and passed by a 4-0-1 vote, with Commissioner Garcia absent, to approve the Minutes for June 15, 2011, as presented. IV. AGENDA CHANGES: Community Development Director Saeki indicated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Community Development Director Saeki reported there were no Planning-related items addressed at the June 28, 2011, City Council meeting. VI. CONSENT CALENDAR ITEMS: Chairman Kiefer noted there were no Consent Calendar items on this evening’s agenda. VII. PUBLIC HEARING ITEMS: 1. PLN-11-00160 (CONDITIONAL USE PERMIT No. 03-05, REVISION E) Location: 8237-8239 Second Street Owner/Applicant: Showprop Downey LLC Authorized Agent: David Devis/ICON’s Cafe 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: A request to modify an approved Conditional Use Permit , to remove a restriction on the age of occupants on a restaurant that operates with a Type 41 (On-sale Beer and Wine, Eating Place) and with live entertainment, on property zoned DDSP (Downtown Downey Specific Plan). Chairman Kiefer opened the public hearing for PLN-11-00160 (Conditional Use Permit No. 03-05, Revision ‘E’). Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, JULY 6, 2011 – PAGE 1 Page 2 Senior Planner, David Blumenthal, presented staff’s report, which included a review of past Planning Commission approvals that permitted entertainment within ICON’s Café. The subject site is located within the Downtown Downey Specific Plan area. He stated that staff supports the applicant’s request to modify a condition of approval which restricts the minimum age of the occupants in the restaurant after 9 p.m. to 21 years of age. Senior Planner Blumenthal explained that the State of California Department of Alcoholic Beverage Control (ABC) notified the City that the age restriction is in violation of their guidelines of the Type 41 license. Chairman Kiefer clarified staff’s recommendation is to remove Condition 14 of Revision ‘D’, while maintaining Condition No. 13, which required that a full service kitchen remain open at all times while the restaurant is open. Commissioner Murray inquired if the newly adopted Downtown Specific Plan had benefitted this particular use. Mr. Blumenthal responded, that although the applicant is short of the required parking, the City allows parking credits to be purchased, and this purchase had been approved by the City Council . Commissioner Murray expressed a concern eliminating the age restriction, since it was a good deterrent to underage drinking. City Attorney Garcia stated that the Department of Alcoholic Beverage Control has an aggressive decoy program in-place to watch for underage drinking violators, and any such violations carry severe consequences. Mr. Blumenthal added, the City also conducts random bar checks through the City’s Police Department. Commissioner Murray stated he understood there would be no tickets sold at the door, and also referenced Condition No. 20 which places any promoters under the control of the business operator. nd David Devis, Applicant, 8239 2 Street responded that he was not aware of a restriction on ticket sales, and noted that he would be relying on pre-sold ticket sales. Senior Planner Blumenthal affirmed that restricting ticket sales was not a condition that had been imposed. He added there is a requirement, however, that the restaurant remain open and that security guards may be present. He also stated that the queuing line into the nightclub had been addressed, to provide an orderly line directed away from the street. Also, Mr. Blum enthal clarified that the use of the restaurant must remain open to patrons who may not want to enter the nightclub portion of the restaurant and that those patrons could not be required to purchase tickets into the nightclub. Further, Senior Planner Blumenthal explained that alcohol sales of the nightclub cannot exceed the total food sales. Mr. Devis explained that he would not be running the restaurant side of the operation and that he has subleased the restaurant. He will run the nightclub. Commissioner Murray asked if further clarification/restrictions needed to be imposed. City Attorney Garcia responded that the conditions imposed were sufficient to be enforceable. Chairman Kiefer asked the applicant to provide more information about his planned activities. Mr. Devis explained that due to concerns that had been expressed during past hearings from the Commission and staff, he changed his planned venue to cater to adults rather than the youth, and the PLANNING COMMISSION MINUTES, JULY 6, 2011 – PAGE 2 Page 3 hours of the nightclub will be 7 p.m. to 2 a.m., on week-ends. He noted that in addition to evening hours, they will be open during days when t hey have sporting events to broadcast. Mr. Devis stated that he had delayed the opening of the business mostly due to costs associated with City requirements, which include a fire alarm system and three restrooms. He noted that out of the nine years he has been working on this project, he was only open for three months. In addition, he stated that he will be the promoter for the nightclub, and the nightclub area is approximately 1,800 sq. ft. Chairman Kiefer inquired if any correspondence had been submitted on this matter. Senior Planner Blumenthal stated that no correspondence had been received. Chairman Kiefer invited the public to address the Commission on this item. No one came forward at this time to address the Commission. Chairman Kiefer asked staff to state their recommendation. Mr. Blumenthal stated staff’s recommendation was for approval. As such, Resolution No. 11-2721 had been prepared for the Commission’s review and approval. Chairman Kiefer closed the public hearing. Planning Commission discussion: Commissioner Morales wanted to ensure that the applicant would be responsible for all actions of any promoters (Condition No. 20), and was assured of such. Commissioner Murray stated that this is the type of business that the Commission envisioned for the downtown, and stated that the applicant had worked hard to make this project a reality. Chairman Kiefer stated his agreement. He also suggested that the use be revisited by the Commission after operating for 6 months. The Commission agreed to this amendment to the conditions. Chairman Kiefer asked Mr. Devis if he accepted the modification. Mr. Devis stated his acceptance of the revision. It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a vote of 4-0-1, with Commissioner Garcia absent, to adopt Resolution No. 11-2721, amending the conditions to include a review at 6 months. 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. PLN-11-00115 (ZONE VARIANCE) Location: 11613 Downey Avenue Owner/Applicant: Robert Ferguson Authorized Agent: Robert Reed 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 15305 (Class 5, Minor Alterations in Land Use Limitations). Request: A request to deviate from Section 9710.04(E) of the Downey Municipal Code, PLANNING COMMISSION MINUTES, JULY 6, 2011 – PAGE 3 Page 4 thereby allowing installation of a security gate across the driveway and set back 35-feet from the front property line for an apartment complex, on property zoned R-3 (Multiple-Family Residential). Chairman Kiefer opened the public hearing for PLN-11-00115 (Variance). Ms. Donahue affirmed proof of publication. Kevin Nguyen, Assistant Planner, presented staff’s report and accompanying PowerPoint. He stated staff supported the variance since the five foot variance (setting the gate at 35-feet, rather than 40-feet) would not create a negative impact on the property; that setting the gate back five feet would cause the loss of a parking space; and it was unlikely that approving the variance would set a precedent since another property had been allowed to place a gate in fr ont of the 40’ requirement. Mr. Nguyen explained that the neighboring property obtained their permit prior to the change in the Zoning Code. Robert Reed, 419 Main Street, #289, HB, Ca. clarified the location of the gate from the PowerPoint exhibit. He stated that the mechanics of the gate would be placed under the stairway, out of the way of pedestrians, and that all State requirements would be met. Mr. Reed stated that he’d met with the various departments (Planning, Fire, Engineering & Building), and each have supported the location. In addition, Mr. Reed stated that the security gate was warranted due to recent break-ins. He noted there are 14 units within the complex that will benefit from the installation of the gate. Chairman Kiefer asked if any correspondence had been received on this matter. Mr. Nguyen stated that no correspondence had been received. Chairman Kiefer invited members of the audience to address the Commission. No one from the audience came forward at this time. Chairman Kiefer closed the public hearing. The Commissioners stated they had no concerns with the applicant’s request; that all necessary requirements are being met. It was moved by Commissioner Murray, seconded by Commissioner Lujan and passed by a vote of 4-0-1, with Commissioner Garcia absent, to adopt Resolution No. 11-2722. 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. 3. PLN-11-00106 (CONDITIONAL USE PERMIT) Location: 10924 Paramount Boulevard Owner/Applicant: Carico Investments, LLC Authorized Agent: Sergio Vazquez/Downey Brewing Company 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 to modify an approved Conditional Use Permit for alcohol sales, to add a Type 47 (On-Sale General for Bona fide Eating Place) license, while also maintaining a Type 75 (On-Sale General – Brewpub) license in effect, and to alter the hours of permitted live entertainment, on property zoned DDSP (Downtown Downey Specific Plan). PLANNING COMMISSION MINUTES, JULY 6, 2011 – PAGE 4 Page 5 Chairman Kiefer opened the public hearing for PLN-11-00106 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. William Davis, City Planner, presented staff’s report and accompanying PowerPoint, noting staff’s recommendation is to support the applicant’s request, to add a Type 47 Alcoholic Beverage Control License, which would permit the sale of distilled spirits, while maintaining a Type 75 (On-sale General Brewpub) and would also allow for sale of alcohol to be taken off-site. In addition, Mr. Davis stated that the applicant would like to extend the hours of live entertainment from 12:00 a.m. to 1:00 a.m. (modifying Condition No. 8). Mr. Davis stated that staff would also recommend revising Condition No. 12 as part of this approval. The added language reads: “The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered at such restaurants.” In addition, Mr. Davis stated that any problems t hat had been experienced in past years appear to have been eliminated, in that no complaints had been received by the Police Department. He stated staff recommended approval of the attached Resolution, No. 11-2723, as discussed. Sergio Vazquez, 10023 Chaesey Drive, Whittier, Ca. addressed the Commission. He explained to the Commission that their request includes maintaining approval of the Type 75 ABC license, as well, in the event that they are able to go forward with their future plan for in-house brewing. He stated that they will not, however, be activating the Type 75 license at this time , because they must first obtain a brew master license from the State. He noted that the request to expand the hours was motivated from requests from patrons who arrive later in the evening. They would like to extend the entertainment until last call for alcohol, at 1:00 a.m. Mr. Vazquez stated that they are always on-site and continue to monitor noise levels associated with their activities. Responding to various questions/comments from the Commissioners, Mr. Vazquez noted the following: no patrons are currently able to take alcohol from the site; however a Type 47 would allow that. He stated that last call is at 1:00 a.m., and at that time pumps are turned off, and no further sales are made. Patrons are asked to leave at 1:45 a.m. Chairman Kiefer asked staff to clarify, and was ensured that no open alcoholic beverage containers may be removed from premises. Chairman Kiefer asked if any correspondence had been received on this matter. Mr. Davis responded that no correspondence had been received. Chairman Kiefer invited members of the audience to address the Commission. No one came forward to address the Commission. There being no further comments, Chairman Kiefer closed the public hearing. Commission comments: Commissioner Morales supported the applicant’s request, noting he had no issues and that this business would help to anchor the western entrance into the downtown area, along with the La Barca’s Restaurant. Commissioner Murray stated his support, as well, noting that the applicant has worked hard to improve the noise issues had met and other requirements and had thus earned his support to move forward. He said he hoped the additional time provided the business with more opportunity to succeed. Chairman Kiefer stated his agreement. It was moved by Commissioner Morales, seconded by Commissioner Murray and passed by a 4-0-1 vote, with Commissioner Garcia absent, to adopt Resolution No. 11-2723, approving PLN-11-00106. PLANNING COMMISSION MINUTES, JULY 6, 2011 – PAGE 5 Page 6 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 4. PLN-11-00099 (CODE AMENDMENT No. 06-120– REVISION ‘E’) Location: Citywide Owner/Applicant: City of Downey Authorized Agent: City of Downey Staff: David Blumenthal CEQA: As required by the California Environmental Quality Act (CEQA), a Negative Declaration of Environmental Impact has been prepared for this application and is available for review. Request: Revision “E” to Code Amendment No. 06-120, A request to amend Article IX of the City of Downey Municipal Code to prohibit medical marijuana dispensaries. Chairman Kiefer opened the public hearing for PLN-11-00099. Ms. Donahue affirmed proof of publication. Senior Planner, David Blumenthal, presented staff’s report, which included a chronological history of the actions of the Planning Commission, as well as the City Council, regarding the proposed Code Amendment to prohibit medical marijuana dispensaries in the City of Downey. He provided a review of the types of criminal activity associated with such dispensaries. Mr. Blumenthal added that the city is not disputing the positive pharmaceutical affects of the drug, however, it is the position of the city that the potential negative impacts outweigh the positive gains and it is the City’s desire to prevent the harmful secondary affects of such dispensaries. Mr. Blumenthal stated staff’s recommendation is that the Commission adopt the attached Resolution, No. 11-2724, recommending to the City Council that they adopt the Negative Declaration and approve the Code Amendment, Revision ‘E’ to Code Amendment No . 06-120, amending Article IX of the Downey Municipal Code and prohibiting medical marijuana dispensaries. Chairman Kiefer asked if any correspondence had been received on this matter. Mr. Blumenthal stated that no correspondence had been received from the public on this matter. Chairman Kiefer invited members of the audience to address the Commission. No one from the audience came forward at this time. Chairman Kiefer closed the public hearing. Planning Commission comments: Commissioner Murray stated that he supports the code amendment, noting that he is not personally opposed to the appropriate use of medical marijuana for those in need. He stated, however, that there are few regulations in place at this time. For example, it is not clear how much marijuana consumption would affect the operation of a vehicle. He suggested that the appropriate controls be placed on the manufacturing of the drug and then dispensed through pharmacies. Commissioner Lujan agreed, that at this time there is lack of regulation within the industry, when homes are converted into illegal grow houses, stealing electricity from neighbors and such, creating havoc. Commissioner Morales agreed that while he sympathized with those with legitimate medical needs, the onus is on Cities to place regulations. He stated some of the concerns associated with existing dispensaries. PLANNING COMMISSION MINUTES, JULY 6, 2011 – PAGE 6 Page 7 Chairman Kiefer agreed, noting that while the easy of access could be a benefit for the legitimate cases, the reports show the secondary affects of such facilities create a hazard on the public’s health and safety; that the protection of the many far outweighs the benefit of a few. It was moved by Commissioner Murray, seconded by Commissioner Morales and passed by a 4-0-1 vote, with Commissioner Garcia absent, to adopt Resolution No. 11-2724, recommending the approval of the Negative Declaration and approval of PLN-11-00099, Revision ‘E’ of Code Amendment No. 06- 120) to City Council. 5. PLN-11-00117 (SITE PLAN REVIEW) Location: 251 Stonewood Street Owner/Applicant: Gary Ball, et al Trs. Authorized Agent: Charles Hallums/Stonewood Center 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 to consider a use (dentist office) that is not consistent with the permitted use allowances at the Stonewood Center, on property zoned S-P 89-1 (Stonewood Specific Plan 89-1). Chairman Kiefer noted that the recommendation for PLN-11-00117 (Site Plan Review) is to withdraw the application. He ordered the report to be received and filed. VIII. ORAL COMMUNICATIONS : 1. Commissioner Murray announced that Jan Scott had been named president of Downey’s Chamber of Commerce. 2. Commissioner Morales noted that Governor Brown had signed legislation that essentially killed Redevelopment in the State of California; and that the legislation also provides for Cities the ability for in-lieu payments to save Redevelopment. He not ed that Downey also would lose millions in Redevelopment dollars because of this legislation. IX. OTHER BUSINESS: No Other Business was addressed. X. ITEMS F OR FUTURE AGENDA: XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 7:45 p.m., to July 20, 2011 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca., APPROVED AND ADOPTED this 20th day of July, 2011. Robert Kiefer Robert Kiefer, Chairman CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, JULY 6, 2011 – PAGE 7 Page 8 I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 20th day of July, 2011, by the following vote: AYES: COMMISSIONERS: Murray, Lujan, Kiefer ABSENT: COMMISSIONER: Morales ABSTAIN: COMMISSIONERS: Garcia NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commi ssion\Minutes\2011\Jul 6, 2011- Minutes.doc PLANNING COMMISSION MINUTES, JULY 6, 2011 – PAGE 8