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HomeMy WebLinkAboutPC Minutes - 03/07/2012MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MARCH 7, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held March 7, 2012. After the Pledge of Allegiance to the Flag, roll was called at 6:32 p.m. II. COMMISSIONERS PRESENT: Ernie Garcia, District 4 Louis Morales, District 3, Vice-Chairman Robert Kiefer, District 2 Hector Lujan, District 5 Michael Murray, District 1, Chairman ALSO PRESENT: Brian Saeki, Director of Community Development Yvette M. Abich, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Kiefer, seconded by Commissioner Morales and passed by a unanimous vote, to approve the Minutes of February 15, 2012. IV. AGENDA CHANGES: Community Development Director Saeki stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki stated there was no report on City Council actions. VI. CONSENT CALENDAR ITEMS: Chairman Murray noted there were no Consent Calendar items on this evening’s agenda. VII. PUBLIC HEARING ITEMS: Chairman Murray stated that due to a potential conflict of interest, he would be abstaining from this item. He gave the gavel to Vice Chairman Morales, ste pped down from the dais, and left the Council Chambers. City Attorney, Yvette Abich Garcia, informed the public and the Commission, as a matter of house cleaning, she needed to check that Commissioners Garcia and Lujan had reviewed the recorded meetings of those meetings, related to the used car dealership (PLN-11-00284) that they had missed. Commissioner Lujan affirmed that he had viewed the meeting for February 1, 2012; while Commissioner Garcia affirmed that he had reviewed the meeting for February 15, 2012. Therefore, Ms. Garcia stated that the Commissioners are therefore eligible to participate in this hearing. 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). PLANNING COMMISSION MINUTES, MARCH 7, 2012 – PAGE 1 Page 2 Vice Chairman Morales opened the continued public hearing for PLN-11-00284 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. Senior Planner, David Blumenthal, presented staff’s report and accompanying PowerPoint, noting that staff had researched the issues identified at the previous hearing: 1) Confirmation of business description; 2) Dealers’ license requirements; 3) Sales Tax questions; 4) Concerns regarding amplified noise. Mr. Blumenthal reviewed the information regarding these matters, and simply stated: 1) Business has been determined to be a used car dealership, and used car dealerships are permitted in this C-M zone. 2) The applicant has stated that his business qualifies for exclusion under Section 286 of the California Vehicle Code. Mr. Blumenthal also stated that he is investigating this matter with the Department of Motor Vehicles, and a condition of approval stated that staff will continue to work with DMV to obtain determination of the applicant’s business. 3) Mr. Blumenthal reviewed those facts stated in the report which support the means the applicant is using to pay their taxes. More specifically he noted that if the applicant sells three (3) or more cars in a twelve (12) month period to the public, they are considered a retailer. At this time the applicant is required to obtain a Seller’s Permit from the St ate Board of Equalization and pay all applicable sales taxes. He noted a condition of approval addresses this requirement to comply with all Board of Equalization requirements. 4) Stated the Code requires the applicant maintain all amplified sound within an enclosed building. He pointed out that the front or south wall of the “auction house” has a roll up door that will suffice for that wall; while the north side of the building is completely open. Therefore, because the Code excludes the use of amplified sound outside, the north wall would need to be closed off in order to permit the address system to be utilized. This condition has been added to the Resolution. Mr. Blumenthal stated that based on the conditions of approval that are included in the attached Resolution, staff believes all four findings can be made in a positive manner. He recommended approval of the Conditional Use Permit. Chris Carnelli, legal counsel for My Choice and speaking for the applicant, addressed the Commission. He began by thanking staff for their presentation and research into this business. He stated that while the applicant accepts the conditions of approval, he requests the Commission give further consideration to four of them: #12, #16 b, #17 and 26. His concerns were stated as follows: Condition number 12 : After reading into the record the wording of Section 4604 of the Downey Municipal Code, which allows for exceptions for amplified sound , Mr. Carnelli explained that the sound system is little more than a glorified karaoke machine, and gives out less sound that the power tools being used next door. He further noted that the business has been operating for two months, and they have not received any complaints from the neighbors to t he north. In addition, trains run this track four to five times per day, and they are much louder than his client’s small address system. Mr. Carnelli appealed to the Commissioners, that they permit the system be used for a period of six (6) months in order to find out if those neighbors to the north are negatively impacted. Condition number 16b: (The requirement to extend the landscaping the length of the frontage, an additional 40 feet). Mr. Carnelli asked that the Commission reconsider this requirement since the cost will be an additional $3,000. He noted that the neighboring property had not been required to do the same. Condition number 17: (30 days to remove the banner). Mr. Carnelli explained that the sign will take longer than 30 days to have ready, and asked that the Commission grant another 30 days, extending to 60 days. Conditional number 26: (Security guards required on-site.) Mr. Carnelli explained that the applicant had installed a $20,000 security system. Stated that they do not anticipate any security issues beyond what their personnel can handle, noting they increase personnel on the week-end. PLANNING COMMISSION MINUTES, MARCH 7, 2012 – PAGE 2 Page 3 Following these concern/questions raised by the Commission, the applicant, Mr. Roy Abboud provided additional information: 1) They do not keep cash on hand and only accept cashier’s checks or postal money orders; other than a $300 check from the buyer to hold a vehicle while he/she obtained the funds; 2) Explained how donated vehicles lose 5% of the price each month. Mr. Carnelli noted that the applicant had applied for the Seller’s Permit, so that will not be a problem. Vice-Chairman Morales asked if there was any correspondence on this matter. Senior Planner Blumenthal responded. There was no new correspondence. Vice-Chairman Morales invited members of the audience to address the Commission. No one came forward to a address the Commission further on this matter. There being no further comments, Vice-Chairman Morales closed the public hearing. Commission comments: The Commissioners addressed each of the items as identified by the applicant and following discussion, determined the following: Condition 12: The applicant has the ability to close the building if he wants to utilize the address system, even though there have not been complaints per se about the sounds emitted. Auctioneer sounds can be more disturbing than normal business-related sounds. The Commission decided to leave Condition number 12 as written and insert a new condition, requiring a review in 6 months to determine if any negative impacts to neighbors occur as a result of t he amplified sound. Condition number 16b: The site’s aesthetics are minimal, prefer keeping the landscapi ng requirement. Condition number 17: Agreed that an additional 30 days to remove the banner, is acceptable. Condition number 26: Since the applicant has addressed security as part of his business plan, the Commission stated they are comfortable adding language that allows the applicant to work with the Police Chief to determine whether additional security shall be necessary. The added language should read, “as determined by the Police Chief”. Commissioner Kiefer asked which procedure would be followed if all the conditions of approval are not met within the time period allotted. Senior Planner Blumenthal responded, stating that staff will follow up with any items that are not completed and provide a letter to the applicant stating such. If the condition continues to be incomplete, there are steps to be taken to encourage compliance. Ultimately, the City will revoke the Conditional Use Permit. He stated that revocation is a last step means to enforce the conditions. Vice-Chairman Morales complimented staff on providing a thorough investigation of the issues and facts. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a 4-0-1 vote, with Chairman Murray abstaining, to adopt Resolution No. 12-2757, modifying Conditions number 17 and 26, as discussed, and adding a new condition, requiring a review after six months. Vice-Chairman Morales 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. Chairman Murray returned to the dais and was handed back the gavel. 2. PLN-11-00105 (CONDITIONAL USE PERMIT) Location: 8206 Firestone Boulevard Owner: Clara Levy Tr., et. al. Applicant: Hayk Gervorkyan Staff: William Davis PLANNING COMMISSION MINUTES, MARCH 7, 2012 – PAGE 3 Page 4 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 live entertainment consisting of a 600 sq. ft. dance floor, live disc jockey, live music, karaoke, Go-Go dancers, and billiards, at Club DB Lounge, on property zoned DDSP (Downtown Downey Specific Plan). William Davis, City Planner, presented staff’s report and accompanying PowerPoint. His presentation included a description of the property and its surrounding properties. He noted that the property shows 37 parking spaces, 21 pool tables (17 downstairs and 4 in the upstairs mezzanine.) A dance area has been permitted; as well. Mr. Davis stated that the applicant has met the necessary parking by purchasing parking credits. He added that the business operator had obtained a Police Permit to allow the entertainment for billiards and dancing. However, the applicant is asking to expand the dancing portion of the permit, to allow go-go dancers, which he has already begun to utilize. In addressing staff’s recommendation, Mr. Davis stated that staff had concerns about the go-go dancers, since they are described in the City’s Code definition of an adult cabaret. He indicated that he did not believe this was the type of use the City wanted to allow in the Downtown. Mr. Davis stated that staff supports the applicant’s request for dancing, live disc jockey, live music, karaoke and billiards, but does not support that portion of the request to permit go-go dancers. The Resolution number supporting staff’s recommendation is 12-2758. The Planning Commissioners asked a number of questions regarding the floor plan of the property and what was being proposed. They clarified that a C onditional Use Permit, once approved, stayed with the land and was not restricted to the current business owner. The Commissioners asked what constitutes the attire for go-go dancers. Commissioner Morales asked for clarification of Conditions 7 & 10. Referencing Condition number 12, Commissioner Kiefer inquired if the lighting in the parking lot was considered sufficient. Mr. Davis stated that the attire, as viewed by photos the applicant has provided, involve skimpy outfits, and the dancers dance above the floor, on raised speakers. H e stated that the business owner, Hayk Gervorkyan claims that the dancing is not of a sexual nature. After receiving a comment from Commissioner Morales, Mr. Davis added that for consistency, Condition #7 should state closing hour of 1:00 a.m., not 2:00 a.m. Mr. Davis also noted that there had been an incident at the property this past weekend which involved a firearm. The altercation arose after the property owner attempted to enforce the City-stated dress code. Applicant’s representative, Adel Bazzi, architect, 8504 Firestone #155, Downey, addressed the Commission. He provided history of how the busi ness evolved from “Downey’s Billiards”, which was established 10 years earlier. He stated that the owner, Hayk Gervorkyan, has worked to keep the place interesting and generate activity to counter the declining business. He described the current design, which involved opening the first floor and placing the dance mezzanine between the pool tables. Mr. Bazzi stated that they hoped to allow the two go-go dancers after 9:00 p.m. He stated that they have seen that the go-go dancers increase the dance activity and hei ghten customer involvement (motivating dancers). Mr. Bazzi provided photographs to the Commissioners s howing people, mostly women, on the beach in bathing suits and then a series of photos showing typical attire of go-go dancers. He pointed out that the go-go dancers attire is not as minimal as what is being worn at public beaches. Addressing the number of musicians being requested as part of the entertainment restrictions (Condition number 7), Commissioner Kiefer asked Mr. Bazzi if they are able to accept “no more than three musicians”? Commissioner Murray was concerned about the hours the go-go dancers would be employed. Commissioner Kiefer inquired about the type of food that was available. Vice Chairman Morales queried, at what point does the billiards hall become a nightclub? PLANNING COMMISSION MINUTES, MARCH 7, 2012 – PAGE 4 Page 5 Mr. Bazzi responded to questions/comments of the Commissi on, affirming that they will accept what the Commission permits. He informed them that the dancers will work from about 9 to 11. He noted that they have been operating with the dancer for several months, and that with 30-40 TVs, dancing and billiards the club provides a combination of activities found in sportsbars, nightclubs, and lounges. He stated that the dancing would occur Thursday thru Sunday, while the rest of the week is billiards only. The foods served includes nachos and chicken wings. Vice Chairman Morales asked Mr. Bazzi if their dancers wear similarly attired costumes as those shown in the pictures? Mr. Bazzi affirmed that the outfits were short shirts and shorts, with boots, similar to those shown. Discussion ensued regarding the dance attire of the go-go dancers and whether or not the Commission would want to set a standard for the attire to address covering certain anatomical parts. Determining that this was a difficult standard to re-address, the Commissioners decided it best not to attempt such an undertaking. Mr. Bazzi addressed Condition 10; he asked the Commission to permit the DJ to continue playing during the final hour before closing. Chairman Murray asked staff for any correspondence that had been received. Mr. Davis responded that the only comments had come from the Police Dept. informing staff of the very recent unruly illegal activities at the property. He informed the Commission that the City’s Police representative was opposed to the go-go dancers, pointing out that it was a difficult are to regulate and control. Chairman Murray asked Community Development Director Saeki his thoughts on the dancers. Mr. Saeki responded that initially he was opposed to the idea, citing concerns of how the downtown area might be affected. He also stated that after hearing the applicant this evening he is not so strongly opinionated. He also reminded the Commissioners that the Conditional Use Permit approval runs with the land, even if the business changes hands. He noted that with the approval of the Conditional Use Permit, policies are in place to address problems that may occur. Chairman Murray invited members of the public to address the Commission. There were no persons present wishing to address the Commission. Chairman Murray asked staff for their recommendation. Mr. Davis stated staff’s recommendation is for approval as provided in Resolution No. 12-2758. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission discussion: Commissioner Kiefer complimented Mr. Gervorkyan and Mr. Bazzi for the recent improvements to the building. He stated that he does not have a problem with allowing the live entertainment, but stated a concern with go-go dancers in light of the future operations of the commercial developments of the downtown. Commissioner Garcia said that he could support the applicants’ request, with the conditions as addressed. When asked his thoughts on the go-go dancers, he said he would be able to support this request if they are properly attired. Commissioner Morales complimented the applicant on the improvements to the façade and hoped more of the neighboring businesses would follow suit. He also noted that he would like to see the signs along this strip become more consistent. He stated that while he could support the request for live entertainment, he was not sure the dancers would be a plus for the adjacent businesses. He PLANNING COMMISSION MINUTES, MARCH 7, 2012 – PAGE 5 Page 6 Commissioner Morales asked to address Condition 10, noting that he would be ok with allowing the disc jockey to continue play until closing. Discussion ensued. It was the consensus of the Commissioners to allow the DJ to continue playing music until ½ hour before closing (1:30 a.m.), while all other forms of entertainment would be required to end at 1:00 a.m. Chairman Murray stated that he supported staff’s recommendation. He was very happy with the recent improvements to the property, but he was not comfortable allowing the dancers. He said that allowing the activity into the club would extend the same right to other businesses in the downtown. Commissioner Morales agreed, stating that removing go-go dancers from the adult use category would open this activity up through-out the City, and remove the City’s ability to control. Mr. Adele Bazzi asked to re-address the Commissi on. Chairman Murray opened the hearing up again to allow Mr. Bazzi’s comments. Mr. Bazzi stated that Mr. Gervorkyan had just signed a 15-year lease with the property owner, stressing that the business owner was committed to this location and would not walk away any time soon. He asked the Commission to re-consider the issue of go-go dancers, at least for a six month period. Commissioner Kiefer stated that scantily dressed wo men dancing on platforms is not what he wants for the Downtown. More discussion followed. Mr. Saeki reminded the Commissioners of the points m ade previously: the CUP runs with the land, even if the applicant signed a 15-year lease; if the Commission does not approve the dancers portion of the request tonight, the applicant can bring the request back after 12 months, should he want to make the case again. He noted that even though the activity has been occurring for several months, that does not make a case for continuing it or deeming it acceptable for our Downtown, even though it may appear to be appropriate for Hollywood. Commissioner Lujan added that the use will potentially create more problems down the road. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a 5-0 vote, to adopt Resolution No. 12-2758, approving Conditional Use Permit PLN-11-00105, modifying Condition 7, changing 2:00 a.m. to 1:30 a.m .; and Condition #10, to allow entertainment to play until ½ hour before closing, or 1:30 a.m. 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. 3. PLN-12-00047 (SPECIAL EVENT) Location: 11040 Brookshire Avenue Owner: Downey Unified School District Applicant: Downey High School Baseball Boosters 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 15304, (Class 4, Minor Alterations to Land). Request: A request by Downey High School Baseball Boosters to conduct a three-day carnival on March 16, 17, 18, 2012, which includes rides, game booths, and food sales on the parking lot of Downey High School in the R-3 (Multiple-Family Residential) zone. PLANNING COMMISSION MINUTES, MARCH 7, 2012 – PAGE 6 Page 7 Chairman Murray opened the public hearing for Special Event PLN-12-00047. Ms. Donahue affirmed proof of publication. City Planner, William Davis, presented staff’s report and accompanying PowerPoint to the Commission, noting staff’s recommendation is for approval, with the conditions as provided in attached Resolution No. 12-2759. Mr. Davis reviewed those conditions that the Commissioners have required for other carnival approvals through-out the City, pointing out that t he applicant had already addressed those concerns by providing security and clean-up crews, He also stat ed that parking for the event has been satisfactorily provided. One item that Mr. Davis wanted the applicant to address was the set up and take down times. Other than this, staff was satisfied with the proposed event as proposed. Commissioner Morales stated that he assumed that the school had given its approval. Mr. Davis affirmed that proper written authority had been provided. Commissioner Kiefer inquired how many carnival s could be approved at this location, per year. Mr. Davis stated, the Code limits a business to four Special Events per year. In addition he noted that the applicant anticipates between 8,000 to 10,000 people to frequent the event. He noted that applicant was present and would share with the Commission the purpose behind this fund-raising event. Heidi Llanes, 11040 Brookshire Avenue (school), addre ssed the Commission. Ms. Llanes explained that she was the treasurer for the Downey Baseball Boosters. She provided some history behind her past experience with fund raising and explained that carnivals are known to bring in good results. She explained the reason behind their efforts is t hat they have the opportunity to improve their baseball fields by participating in a program called “Baseball tomorrow”, whereby if they raise $25,000 they are eligible for matching funds for field improvement. She explained that they had applied for the grant, and are in communications with the organization. However, it is imperative that the Boosters raise the initial funds, in order to be eligible. She provided the timeline for the Commission. They need to raise the money prior to April; then they w ill find out if they secured the grant. If they are successful, they would be able to re-do the field during a short window of inactivity during the summer. Mr. Llanes stated that they had hired Helms and Sons to put the carnival on. The Boosters only job is to sell the tickets, provide security, and coordinate clean-up. She provided a break-down to the Commission of their share of the carnival proceeds. Ms. Llanes explained that the rides would be dropped off during the week and set up would begin after 4:00, since it is a modified week for students. She stated that they have arranged for security of the rides through the night, as well, and they have six security persons to work during the carnival. They have been given permission to use parking at Warren High School, if needed. Other items that Ms. Llanes addressed, include: 1) Their security personnel are in contact with each other through radios; 2) They will have signs set up to direct traffic; 3) Fifty baseball players will be working the lots for clean-up throughout the event; 4) They will have porta-potties on site; 5) There will be 30 carnival rides, plus 10 game booths and there will be a vehicle raffle. Ms. Llanes asked to address Condition No. 10, whereby the carnival clean-up must end at 10 p.m. on Sunday and asked that it be extended to 12:00. She stated that there were no residential homes that would be impacted by the evening activity. Chairman Murray expressed his observation, that Ms. Llanes had certainly done her homework on the event planning. Commissioners Lujan and Morales agreed. Commissioner Lujan noted that there was no dancing and no live music associated with. PLANNING COMMISSION MINUTES, MARCH 7, 2012 – PAGE 7 Page 8 Commissioner Morales clarified, if the grant is successful, when would the work begin? Ms. Llanes stated that they hoped to work on the fields in June. She stated that if successful, they hoped to have a opening day next year. In addition, she stated that the school has considered having two carnivals per year, following this event. Chairman Murray asked for any correspondence that had been received. Mr. Davis stated that no correspondence had been received. Chairman Murray invited the public to address the Commission. No one came forward at this time. Chairman Murray asked staff to state their recommendation. Mr. Davis stated, staff’s recommendation was for approval, as provided in the attached Resolution and with the conditions as stated. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission discussion: The Commissioner indicated that all concerns had been addressed. They noted that the funds were to be used for a good cause, noting that with all the state budget cuts, public schools must find monies through creative means. They noted that this was the first carnival being requested by a public school. The Commissioners stated their support and hoped the event was successful. It was moved by Commissioner Morales, seconded by Commissioner Garcia and passed by a 5-0 vote, to adopt Resolution No. 12-2759, modifying Condition No. 10, allowing clean-up until midnight. VIII. ORAL COMMUNICATIONS : No one came forward to address the Commission. IX. OTHER BUSINESS: The Commission asked for updates to several sites, including: 1. Property south of Citibank, s/w corner Lakewood and Firestone; 2. The vacant properties on the corners of Lakewood/Gallatin; 3. The former Massey Cadillac site; 4. Third stage of Lakewood Boulevard improve ments. Community Development Director Saeki provided those updates. He also informed the Commissioners of an upcoming Shopping Center event that stated he was enthusiastic that the City would be participating in, since the opportunity to generate the interest of good business projects was high. X. ITEMS F OR FUTURE AGENDA: No further projects were addressed. XI. ADJOURNMENT: at 8:40 p.m., to March 21, 2012 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 in memory of Cecilia Leal Moctezuma, daughter of Sara and Manuel Flores and sister of Jessica Flores, Associate Planner for t he City of Downey, who died tragically in an accident in Guatemala last night. APPROVED AND ADOPTED this 21st day of March, 2012. Michael Murray Michael Murray, Chairman CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, MARCH 7, 2012 – PAGE 8 Page 9 I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 21st day of March, 2012, by the following vote: AYES: COMMISSIONERS: Lujan, Morales, Kiefer, Murray ABSENT: COMMISSIONERS: Garcia ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commiss ion\Minutes\2012\March 7, 2012-Minutes.doc PLANNING COMMISSION MINUTES, MARCH 7, 2012 – PAGE 9