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HomeMy WebLinkAboutPC Minutes - 02/15/2012MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, FEBRUARY 15, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held February 15, 2012. After the Pledge of Allegiance to the Flag, Chairman Murray called roll at 7:30 p.m. II. COMMISSIONERS PRESENT: Louis Morales, District 3, Vice-Chairman Robert Kiefer, District 2 Hector Lujan, District 5 Michael Murray, District 1, Chairman COMMISSIONERS ABSENT: Ernie Garcia, District 4 ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Morales, seconded by Commissioner Kiefer and passed by a 3-1-1 vote, with Commissioner Garcia absent and Commissioner Lujan abstaining, to approve the Minutes of February 1, 2012, as presented. IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki noted that there was no City Council report from the February 14, 2012 Council meeting. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: 1. PLN-11-00284 (CONDITIONAL USE PERMIT) Location: 7345 Firestone Boulevard Owner: Andrews Rancho Del Norte Applicant: Roy Abboud 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 establish a used car dealership (My Choice Auto) and conduct public automotive auctions on property zoned C-M (Commercial-Manufacturing). Chairman Murray stated that due to a potential conflict of interest, because he owns a used car dealership in town, he would be abstaining on this matter. He handed the gavel over to Vice-Chairman Morales, stepped away from the dais, and left the Council Chambers. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 1 Page 2 Vice-Chairman Morales opened the continued public hearing for PLN-11-00284 (Conditional Use Permit), pointing out staff’s recommendation is to continue this matter. Senior Planner David Blumenthal addressed the Commission. He noted that the secretary was passing out correspondence received from the applicant’s legal counsel, which had been received this afternoon. Mr. Blumenthal stated that staff had met with the applicant and discussed the issues that had been identified at the February 1, 2012 Planning Commission meeting. He stated that following the meeting correspondence was sent to the applicant memorializing the statements of the meeting, based on his understanding; whereby the applicant responded that there was still some confusion. Mr. Blumenthal stated that he agrees that the City’s understanding of the business might not be accurate and further noted that it may be necessary that the City re-analyze the more detailed business description to determine its potential impacts, based on the correspondence from the law firm. Mr. Blumenthal suggested the Commission take testimony on the case this evening and continue the item to the Commission’s next meeting, March 7, 2012, at which time staff will present a revised staff report based on the new information received. Andrew Jared, legal counsel from the law firm of Alvarez-Glasman & Colvin, representing the applicant, addressed the Commission. He asked the Commission to approve the Resolution that was before them at the last meeting; that they do not see any material change in the description of the business for used auto sales from what was originally presented. He stated that the only change is minor: the consignment of an auto as opposed to “My Choice” actually taking title to the vehicles on site and making the sale to the public, essentially by a private party transfer. He explained that “My Choice” is an arm of a non profit organization affiliated with a church. The autos are donated to My Choice Auto and My Choice makes the sale directly to the public. Addressing the question that was raised at the last meeting whether or not sales tax is generated by the sale of the vehicles, he stated the matter of sales tax consideration as a planning matter is not relevant, according to case law. However, he noted that the City of Downey would receive tax remittances straight from the Board of Equalization as private vehicle sales within the City of Downey, once the cars are registered through the DMV. Either way, he stated that this is not a land use consideration. Further he noted that he hasn’t seen any objections that have been stated by staff nor by the public that would warrant denial of this project. Mr. Jared stated that Mr. Abboud would provide a response to two questions raised by staff. Roy Abboud addressed the Commission, providing the following additional comments: 1) He does not see the purpose for the retaining (sound) wall along the rear perimeter, since there have been no complaints from the neighboring property owners, all of whom had received notice of the hearing, probably because they are used to trains passing by hourly; and 2) ex plained the weekday sales activities on the lot allow the customer to present an offer, not unlike a silent auction style, and as long as their reserve price is met, the sale can be processed and the vehicle removed from the week-end auction. Commissioner Lujan stated that he had missed the previous meeting, and asked if he was able to participate. City Attorney Abich-Garcia stated that Commissioner Garcia may continue to listen to testimony this evening but is unable to participate in discussion unless he has listened to the previous meeting. She noted this was another reason for the matter to be continued to the following meeting, noting that without Commissioner Lujan’s participation there would not be a quorum this evening. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 2 Page 3 Vice-Chairman Morales asked how the reserve price was determined; and where do the donated vehicles come from? Mr. Abboud responded, the price was determined based on Blue Book, reduced by wholesale prices, determined by My Choice. He stated that cars ar e donated to them by various means, such as: dealers, individuals, corporations; and they accept the vehi cles Monday through Friday. He stated someone can drop off a vehicle and fill out the paperwork same day, leaving the vehicle. Mr. Jared stated that he now understands, because of due process, the need for the postponement, but also pointed out the Permit Streamlining Act requires an action by March 13, 2012. Ms. Abich-Garcia acknowledged that the matter would be heard prior to that deadline; the next meeting is March 7, 2012. Mr. Jared addressed the outdoor audio system, stating that the speakers face toward a small room and there are no noise impacts beyond the railroad tracks. Commissioner Kiefer asked about the reciprocal parking agreement with the neighboring property and if he was able to provide a copy. Mr. Abboud responded that he would have it available at the next meeting. Vice-Chairman Morales invited members of the audience to address the Commission. No persons came forward at this time. Vice-Chairman Morales noted staff’s recommendation is to continue the matter to the next meeting of March 7, 2012 and because the correspondence from legal counsel had only been received this evening, he was comfortable continuing the matter to the March 7, 2012 meeting. Commissioner Kiefer agreed, noting they had sufficient information provided to review the matter more fully, and agreed to the continuance. City Attorney Abich-Garcia stated that she had been able to review the correspondence from the applicant’s legal counsel whereby he states that the Ci ty had mischaracterized the nature of My Choice’s business operation. She stated that this is true; that based on initial discussion with the applicant, the City had mischaracterized the business as a used car busines s. She thanked the applicant for the clarification and explained that now the City could perform the appr opriate review and analyze the proposal correctly. She noted that staff needs to re-review the Conditional Use Permit applicant request, based on the facts now provided. In addition, staff needs to evaluate the applicant’s objection to the sound walls. And in addition, Commission Lujan needs to listen to the previous public hearing recording in order to participate in discussion and decision-making. She stated that for these reasons the matter must be continued. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by the quorum of three, Lujan, Kiefer and Morales, with Commissioner Murray abstaining, and Commissioner Garcia absent, to continue PLN-11-00284 to March 7, 2012. Chairman Murray returned to the Chambers, took his seat at the dais and was handed the gavel back from Vice-Chairman Morales. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 3 Page 4 2. PLN-11-00290 (CONDITIONAL USE PERMIT) Location: 11010 Paramount Boulevard Owner: Tatti Properties Applicant: Guillermo Padilla 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 for Revision ‘B’ to CUP 84-209 to modify the conditions of approval for a restaurant operating with an ABC Type 47 (On-sale general, Eating Place) license and live entertainment, on property zoned Downtown Downey Specific Plan (DDSP). Chairman Murray opened the public hearing. Ms. Donahue affirmed proof of publication. Senior Planner David Blumenthal presented staff’s report and accompanying PowerPoint. As part of the report, he provided the history of past actions on the property, noting that most recently the new restaurant, La Barca, had held a soft opening, and planned their Grand Opening soon. He clarified the applicant’s request is to expand their hours to include breakfast (7 a.m.), and to allow non-amplified music inside and within the patio area. He stated the findings to support this modification were present; staff therefore was able to support the requested modifications. In addition, Mr. Blumenthal addressed the recommended conditions regarding clothing attire, and restriction on allowing pre-paid fixed meals. Chairman Murray asked Mr. Blumenthal about the potential impacts to the residence west of the property. Mr. Blumenthal noted that staff had considered the impact and did not feel it would be significant; however, if the Commission would like, they may want to suggest further restrictions. He noted that no calls, nor correspondence had been received from property ow ners within the noticing area. In addition, the City’s development standards do not allow noise to be over 65 decibels at the property line. Vice-Chairman Morales noted that past approvals for entertainment include language that the entertainment end one hour before closing. Senior Planner Blumenthal responded that this can be added to the conditions, and provided language be added to Condition No. 8. Applicant, Guillermo Padilla, 9856 Downey-Sanford Bri dge Road, Downey, along with his representative William Torres, 265 Cater St., Monterey Park, Ca. addressed the Commission. They stated that they had read the conditions of approval. Regarding conditi on #7, hours of operation, they asked that they be allowed to have the restaurant open at 7 a.m. and remain open until 2 a.m. on Wednesday, Thursday and Sunday, as well; while closing at Midnight on Monday and Tuesday. In addition, he would like to allow the hours for live entertainment to be extended, as well. Mr. Torres explained the owner’s request for additional hours would help the owner recoup the money that he has invested in the restaurant’s improvements. Commissioner Kiefer asked staff for their position on the applicant’s request for extended hours. Mr. Blumenthal stated that staff had no concerns with extending the restaurants’ operation hours. He suggested the wording by modified for Condition No. 7, to address the extended hours, and Condition No. 8, to state the entertainment shall end one hour before closing. Commissioner Kiefer asked staff what hours were approved for the Downey Brewing Company just north of the subject site. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 4 Page 5 Sergio Vazquez, manager of the Downey Brewing Company speaking from the audience, stated their hours are 10 a.m. to 2 a.m., daily. There being no further comments, Chairman Murray closed the public hearing. Commission comments: Commissioner Kiefer stated that he could support the applicant’s requests, and complimented Mr. Padilla for the major improvements to the restaurant. Commissioner Lujan stated his agreement, and that t he Commission would want to ensure the success of the restaurant. He stated that he hoped there would not be a negative impact to the neighbors. Vice-Chairman Morales noted that the owners had invested much in the improvements, he was happy to see the project coming to completion. He noted that this request is similar to others approved by the Commission and believed the conditions are consis tent with those they have imposed on the other businesses. He supported the project as proposed. Chairman Murray expressed his agreement, noting that the improved restaurant was a great anchor to the downtown. He thanked Mr. Padilla for opening his restaurant in Downey, and believed it would draw people into the downtown. It was moved by Commissioner Morales, seconded by Commissioner Kiefer and passed by a 4-0-1 vote with Commission Garcia absent, to adopt Resolution No 12-2753, modifying Conditions 7 & 8. 3. PLN-11-00261 (SITE PLAN REVIEW/CONDITIONAL USE PERMIT) Location: 10924 Paramount Boulevard Owner: Carico Investments, LLC Applicant: Sergio Vazquez 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: A request by Downey Brewing Company to add 273 square feet of patio area, 244 square feet of dining area, 300 square feet of storage space, and Revision ‘E’ to Conditional Use Permit 02-09, for alcohol sales and live entertainment, on property zoned DDSP (Downtown Downey Specific Plan). Chairman Murray opened the public hearing for PLN-11-00261. Ms. Donahue affirmed proof of publication. Assistant Planner Kevin Nguyen presented staff’s r eport and accompanying PowerPoint. During his presentation he provided a historical record of th e approval on the subject site that had addressed entertainment and alcohol sales, as well as the tracking of the status of completion of required conditions of approval. He described the applicant’s current request would not affect the required parking on-site, noting that they are required 28 spaces and have 43 spaces. Mr. Nguyen stated staff’s recommendation was for approval; however staff would has re commended the entryway be modified to match the architecture of the restaurant’s existing roof style. He noted that the roof equipment will be screened. Commissioner Kiefer inquired if any parking spaces would be lost. Mr. Nguyen stated there would not be a loss of spaces. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 5 Page 6 Sergio Vazquez, applicant and one of the managers, 10023 Chatzee Drive., Whittier 90603, addressed the Commission. He stated that his brother, Walter, is the business owner. He thanked Mr. Nguyen for his patience and consideration during this process. He provided a bit of history to explain the required updates to the restaurant building since they began the process to convert to a sports bar in 2008. He noted that the improvements will include more storage s pace, improvements to the ladies room, which had to be modified while under the previous owners’ management, the men’s room, as well as the patio enclosure, which will now be accessed from within the restaurant, rather than from outside the restaurant. He described the improvements will include a bar-be-que out on the patio. Also, additional tables will be added to the patio area. He noted that the facility has adequate parking, as stated by the City staff. Commissioner Morales inquired if the patio would be fully enclosed. Mr. Vazquez explained that they intend to install concrete blocks in place of the wood fence, with glass attached above which will extend upward nearly to the canopy, while providing a small gap which will allow air flow, yet providing a sound barrier. He stated that both gates to the patio need to remain functioning, per the Fire Department; that the one into the restaurant will remain open, while the outer gate will be self closing, and remain as an emergency exit. He stated this design will provide the proprietor more control over the customers’ comings and goings. Chairman Murray called for correspondence. Ms. Donahue distributed correspondence of opposition to the Commissioners from the property owner just north of the subject site, Mrs. Capalbo. Chairman Murray verified that Mr. Vazquez had been provided a copy. The Commission took a couple minutes to review the correspondence. Having reviewed the letter of correspondence, Chairman Murray invited members of the audience to address the Commission. No one came forward at this time. Chairman Murray asked if Mrs. Capalbo was present. Mr. Vazquez noted that Mrs. Capalbo’s address states she resides in Nevada. Chairman Murray invited Mr. Vazquez forward, to address the Commission in rebuttal to Mrs. Capalbo’s letter. Mr. Vazquez stated that the correspondence comes as no surprise to him. He explained that when the neighbors were doing certain repairs to their building, they had noticed that some of the customers from Downey Brewing Company were parking on their property, for which Mr. Capalbo requested a fee from the Downey Brewing Company for patrons parking there. They refused, noting that they do not direct patrons to park there. He also explained that they had an informal agreement with the tenant of the building that they could utilize the Downey Brewing Company parking during morning hours, if needed for their patients. Mr. Vazquez responded to complaints listed in the letter that included trash left in their parking lot, which they attributed to being from Downey Brewing Co mpany patrons. Those items included food wrappers, disposable plates, beer cartons and people using the planters as a toilet. He noted that they do not sell beer cans, so the people parking and misusing that lot are not patrons of Downey Brewing Company. Chairman Murray asked if they had a reciprocal agreement with the tenants whom Mr. Vazquez mentioned. Sergio Vazquez responded, it was a verbal agreement. He explained that they allow the parents of the daycare facility to utilize their parking lot for drop offs, since their lot is limiting; and in exchange they are able to use their lot for his staff when they are extremely busy, and after 9 p.m. Commissioner Kiefer asked about the boat parked in the lot. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 6 Page 7 Mr. Vazquez stated the boat belonged to his brother, owner of the property; noting that if it is a problem, he can move it. Chairman Murray asked staff for their recommendation. Assistant Planner Nguyen stated staff’s recommendati on is for approval, with the A-frame entryway design modification. The Resolution No. will be 12-2754. Commissioner Kiefer asked that Mr. Vazquez address staff’s recommendation to modify the roof design. Mr. Vazquez stated that they were aware of this recommendation; noted that they proposed the roof extension be flat, and that they had recently had the roof rebuilt to eliminate leaks. Further, he noted this design will require the roof be re-roofed and therefore additional expense. He explained there purpose of the white paint on the roof, yet stated that they were going to paint over the white, to blend in. He stated that they are in agreement that the change would creat e a better entrance design, so they will work with staff on this improvement, as a later phase of the project. Mr. Nguyen noted that staff had requested this improvement because the applicant’s plans include a modification to the entryway, therefore it is the right time to make the improvement. Vice-Chair Morales asked if they would be open during construction of the restrooms. Mr. Vazquez responded, they have been informed by the H ealth Department that as long as they are able to keep one uni-sex restroom operable, they may remain open. Commissioner Kiefer inquired if there had been any further correspondence from the neighboring property owner, such as complaints called in over the course of time. Mr. Nguyen stated they had not, and Community Development Director Saeki clarified that they were not aware of any further complaints, but it is possi ble they had called them into the police department. There being no further comments regarding staff’s recommendation, the public hearing was closed. Planning Commission discussion: Commissioner Lujan stated that he believed the aesthetic design change to the roof was important to the overall improvements. He was ok with those im provements being completed in a later phase of this project, as long as it is included. Brian Saeki, Community Development Director, noted that following past approvals, this matter will be brought back for a 6-month review, to ensure completion. The intent being that the project is complete by that date. Mr. Vazquez wished to explain that their plan was to take each planned improvement one at a time, but staff encouraged him to place all of the improvements on one plan to provide the overall project to the City, which they have tried to do. He stated, howeve r, they can only afford to complete the improvements one at a time, which may explain the possibility of time extensions. He noted that he understands they have a year to complete the project once approved; and they will still have the ability to reduce the scope of the project. Mr. Saeki responded, CEQA guidelines require a comprehensive review of the whole project. He noted that staff will be sensitive to the timelines within Mr. Vazquez’ project is working, with an understanding that they are attempting to complete the project in a timely fashion. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 7 Page 8 Mr. Vazquez added, the improvements they are pursuing for the bathrooms are much needed, but not a requirement, while the recommended roof improvement is a new requirement. He noted that they will try to accomplish all in a reasonable time period. Commissioner Morales responded, agreeing that seeing the entire project being planned is much preferred over seeing only the incremental improvem ents. He stated it will be more beneficial that the applicant work with staff regarding time frames, so that the best method is utilized to provide the applicant the flexibility he needs. Commissioner Kiefer stated his agreement. He belie ved the aesthetics of the project are vital, and the City can work with him regarding the time frames. It was moved by Vice-Chairman Morales, seconded by Commissioner Kiefer to adopt Resolution No. 12-2754, approving the Site Plan Review. 4. PLN-12-00005 (CONDITIONAL USE PERMIT) Location: 13240 Woodruff Avenue Owner: Savani, Tulsi R and Gita T. Trs Applicant: Robert Ramos 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: A request to allow the sale of alcoholic beverages (Type 21, Off-Sale General, Package Store) at Downey Super Market, on property zoned C-1 (Neighborhood Commercial). Chairman Murray opened the public hearing for PLN-12-00005. Ms. Donahue affirmed proof of publication. Assistant Planner Nguyen presented staff’s report and accompanying PowerPoint, noting that staff had suggested removal or improvements to the bollards in front of the building; however, he did not make this a condition of approval. Commissioner Morales inquired if the business had the appropriate permits for all their signs. Mr. Nguyen responded that the wall signs had been permitted, but the applicant will have to remove the window signs. Chairman Murray invited the applicant forward to address the Commission. Omar Herrera, 16138 Citrus Tree Rd., Whittier, Ca. 90603 addressed the Commission, along with Firas Zebro, 13240 Woodruff Avenue, Downey, addressed the Commission, noting he had no further questions. Mr. Herrera noted that they had read and agreed to the conditions of approval. Commissioner Kiefer inquired about the owner’s past experience selling alcohol. Mr. Zebro responded yes, they have been selling beer & wine for the past six years; they have now purchased the license from next door and to sell hard liquor (Type 21). Mr. Herrera stated that they were not aware the signs were to be removed, but t hey will comply with whatever needs to be done. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 8 Page 9 Commissioner Morales stated his only concern is the busyness of the signs, in particular the name on the awning. Commissioner Lujan asked to clarify hours of operation. Commissioner Murray inquired about the outside bar-be-que, and whether that was permitted. The applicant noted hours of operation are 8 a.m. to 9 p.m. and the bar-be-que has been approved by the Health Dept., and all sales occur inside. City Planner Davis reminded the Commission that they had approved another location for bar-be-queuing outside, which may be what they are remembering. Chairman Murray asked for correspondence. Mr. Nguyen stated there had been none. Chairman Murray invited members of the audience to come forward to address the Commission. No one came forward at this time. Chairman Murray asked for staff’s recommendation. Assistant Planner Nguyen stated staff was recommending a pproval, subject to conditions of approval; the Resolution number is 12-2755. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission discussion: Commissioner Kiefer stated that he had no concerns regarding this matter. He would only suggest the signs be cleaned up a little. Commissioner Morales stated that since there haven’t been any complaints filed with the police department in regards to the existing business, he did not see an issue with this request. Chairman Murray stated his agreement. It was moved by Commissioner Lujan, seconded by Commissioner Kiefer and passed by a vote of 4-0-1, with Commissioner Garcia absent, to adopt Resolution No. 12-2755. Chairman Murray 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. 5. PLN-12-00003 (CONDITIONAL USE PERMIT) Location: 11033 Downey Avenue Owner: Downey Avenue Investments, LLC Applicant: Marc Shelton 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 operate a restaurant and bar (Lock and Key), with alcohol sales (ABC license Type 47, On-Sale General /Eating Place) and live entertainment, on property zoned DDSP (Downtown Downey Specific Plan). Chairman Murray opened the public hearing for PLN-12-00003 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 9 Page 10 City Planner, William Davis, presented staff’s report and accompanying PowerPoint, noting staff’s recommendation was for approval. Mr. Davis’ presentation included history regarding the location which formerly housed the Downey Music Store, as well as a detailed description of the proposed restaurant/bar. He stated that like past approvals, staff is recommending any live entertainment end one hour before closing. Mr. Davis stated staff was enthusiastic about this type of use coming into the Downtown. He noted that the applicant will submit a revised plan that will eliminate the need for ADA review of the entry steps. Mr. Davis also stated that the Conditional Use Permit covers the type of alcohol sales being requested. He stated that the applicant will be addressing hours of operation, and staff has no issue with approving later hours of operation. Mr. Davis explained that the requested use requires a higher parking demand, and will be required to obtain an additional 10 parking spaces/credits from the City. He stated that the applicant is aware that to change the building’s elevation other than painti ng or changing the awnings, a Site Plan Review application will need to be processed (and this is included in conditions of approval). Chairman Murray asked if there was consideration to neighboring uses from amplified music. Mr. Davis responded, staff had considered potential impacts, yet the applicant has indicated he that entertainment is only minor portion of the request and would include occasional background music and is not to be considered nightclub, but rather a restaurant/bar. In addition, he noted that sound control mechanisms are within the Code should problems arise. Marc Brandon Shelton, applicant, 10436 Bellman Avenue, Downey, Ca. 90241 addressed the Commission. He clarified the requested hours of oper ation would be to stay open until 2 a.m., similar to those other approvals in the downtown (La Barca and Downey Brewing Company). Mr. Shelton described his vision for this “gastro pub”. He confirmed that live entertainment is not what they are looking for. Perhaps he will have a piano player or an acoustic guitar player. He is looking to create a social environment, perhaps with a DJ. He described the re staurant’s menu to be comfort foods, no pre-made or frozen foods. Mr. Shelton explained that he found the idea for his gasto pub while visiting pubs in New York, along the lines of a athletic club. He stated that he will serve lunch and dinner every day, with the exception of no lunch on Mondays, and Tuesdays. Chairman Murray suggested to Mr. Shelton that he have his employees park in the structure, to allow patrons more parking nearby. Chairman Murray asked staff for any correspondence. Mr. Davis stated that no correspondence had been received on this item. Chairman Murray invited members of the audience to come forward. Although there were approximately six to seven people in attendance in support, no one came forward at this time. Chairman Murray asked staff for their recommendation. Mr. Davis noted staff recommended approval, and the Resolution No. is 12-2756. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission discussion: Commissioner Morales stated that he doesn’t have any particular issues; can support the additional evening hours; complemented the site plan of the proposed restaurant/bar, noting the unique hand washing area. He stated this request is similar to past approvals by the Commission. PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 10 Page 11 Commissioner Lujan agreed, he said he was glad to see more restaurants coming into the downtown, offering more choices to Downey residents. Commissioner Kiefer stated that this proposed restaurant is a perfect fit for the location; that he had no concerns with the extended hours. It was moved by Commission Kiefer, seconded by Commission Lujan and passed by a unanimous vote of Commissioners present, Commission Garcia absent, to adopt Resolution No. 12-2755. Chairman Murray 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 : 1. Commissioner Kiefer stressed the importance of maintaining a strong Code Enforcement staff, even during these economic times where layoffs are occurring within the City. 2. Chairman Murray noted the property on Lakewood Boulevard, south of Citibank, needs upkeep. 3. Chairman Murray noted that the temporary street vendors, such as those set up with canopies on street corners for Valentine’s Day, look unattractive and take away from the legitimate businesses. He inquired if the costumed advertisers are legal. City Attorney Abich Garcia provided a response regarding permitted and unpermitted activities on public sidewalks. IX. OTHER BUSINESS: No further business was addressed. X. ITEMS FOR FUTURE AGENDA: No Future Agenda Items were discussed. XI. ADJOURNMENT: There being no further business to come before the Planning Commission, the Commission adjourned at 8:20 p.m., to March 7, 2012 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 7th day of March, 2012. Michael Murray Michael Murray, 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 March, 2012, by the following vote: AYES: COMMISSIONERS: Morales, Kiefer, Lujan, Murray ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Commissioner Garcia NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Minutes\2012\Feb 15, 2012-Minutes.doc PLANNING COMMISSION MINUTES, FEBRUARY 15, 2012 – PAGE 11