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HomeMy WebLinkAboutPC Minutes - 07/18/2012MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JULY 18, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held July 18, 2012. 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, Vice-Chairman Robert Kiefer, District 2 Ernie Garcia, District 4 Michael Murray, District 1, Chairman ALSO PRESENT: Brian Saeki, Director of Community Development Mark Sellheim, Principal Planner David Blumenthal, Senior Planner Jessica Flores, Associate Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Morales, seconded by Commissioner Lujan and passed by a 4-0-1 vote, with Commissioner Garcia abstaining, to approve the Minutes of July 3, 2012. IV. AGENDA CHANGES: Mr. Saeki stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Saeki stated there were no Planning-related actions to report from the City Council meeting of July 10, 2012. VI. CONSENT CALENDAR ITEMS: 1. (PLN-12-00109): Request Secondary Driveway for a Recreational Vehicle storage pad for property located at 9611 Garnish Drive, zoned R1-10,000, (Single Family Residential). It was moved by Commissioner Morales, seconded by Commissioner Lujan and passed with a 5-0 vote, to approve the Consent Calendar. VII. PUBLIC HEARING ITEMS: 1. PLN-12-00102 (CONDITIONAL USE PERMIT) Location: 11029 Downey Avenue Owner: Haralambos Paliobeis Co Tr. Applicant: Adman and Khaled Saab Staff: Jessica Flores CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, per CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A request to allow live enterta inment at an existing hookah lounge (Mosaik Hookah Lounge) for property zoned Downtown Downey Specific Plan – Downtown Core District (DDSP). PLANNING COMMISSION DRAFT MINUTES, JULY 18, 2012 – PAGE 1 Page 2 Chairman Murray opened the public hearing for PLN-12-00102. Ms. Donahue affirmed proof of publication. Jessica Flores, Associate Planner, presented st aff’s report and accompanying PowerPoint. She stated staff was able to make the findings to support the applicant’s request, with an additional condition of approval to address pot ential impacts from no ise. Ms. Donahue distributed a revised Resolution, which included the new condition (number 18), which read as follows: “ Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. Should any noise complaints be formally submitted to the Polic e Department/ Code Enforcement, the applicant/owner shall be responsible to hire a noise consultant to measure the dBA during use, and provide the evidence to the City Planner that said use does not exceed 65 dBA.” Ms. Flores noted that while the applicant has requested the ability to play the ambient (dj) music until 4 a.m., staff’s recommendation is to limit the entertainment to 1:30 a.m., in order to be consistent with past approvals, notably what the Planning Commission approved for Club DB. She added that Downey Brewing Company’s live entertainment (karaoke) ends at 11 p.m. She affirmed that staff’s recommendation is to allow entertainment until 1:30 a.m., every night of the week. Commissioner Lujan stated he thought the Commission had placed some limits on hours of entertainment during the week. Some discussion ensued. Community Development Director Saeki stated that the City supports entertainment in the downtown where circumstances warrant it. Staff supports the request to allow ambient music every day of the week, with the conditions recommended. Chairman Murray pointed out that this establishment does not serve alcohol, making the environment less likely to be disruptive; not like a nightclub. Mr. Murray also asked if the Hold Harmless condition should be included? Ms. Flores stated that the Hold Harmless condition did not apply in this case, since the business is already established. She noted the applicant has been provided with a copy of the new Resolution’s conditions. Adman Saab, 11029 Downey Avenue, addressed the Commission. He stated that he had reviewed staff’s report and the recommended conditions of approval and asked to address Conditions number 5 (hours of operation); and number 11, (restricting a cover charge). Mr. Saab stated that the ambiance will be greatly enhanced by providing background music (dj), and asked that it be allowed until at least 2 a.m.. He also explained that they do charge a cover because there are many times when people come in as a group and share one hookah, and basically hang out. In these cases he would be unable to make any money without a cover charge. Commissioner Kiefer asked about their current hours of operation and types of refreshments. Mr. Saab responded, they currently are open 7 a.m. to 2 a.m., Sunday through Thursday and until 4 a.m. on Friday and Saturday. They serve water, Coca-Cola, energy drinks, plus there are vending machines for snacks. Chairman Murray asked the building’s capacity; and what happens to people waiting if the building hits capacity? Mr. Saab stated that he wasn’t sure, but approximately 62 or 63 people. When the space fills, the line queues outside the door. But he assured the Commission that there are no other businesses open after Midnight along this portion of Downey Avenue. PLANNING COMMISSION DRAFT MINUTES, JULY 18, 2012 – PAGE 2 Page 3 Mr. Saeki stated that the City’s imposition of Condit ion number 11 (cover charge) is meant to deter the Night Club situation, which is not what is being approved here. However, if the Commission would like to consider removing this restriction, it would be sufficient that the Resolution states the approval would be for live entertainment (dj), no dancing, nor bands would be permitted; reading into the record Condition number 4: “No aspect of the approval of this conditional use permit shall be interpreted to mean to allow any other type of live entertainment (i.e. karaoke, live bands, dance floor, etc.)” Chairman Murray asked if the facility permitted the booking of private parties. Mr. Saab responded they did not. Commissioner Morales asked the type of music now being played. Mr. Saab stated that they currently utilize Pandora radio. He stated that from Sunday through Thursday they are able to utilize the radio for background, but on Fridays and Saturdays they increase the volume. He noted that the adjacent businesses close at 6 p.m., so they should not be affected. Chairman Murray added, if any issues were to arise, the City would contact the applicant and he would have the opportunity to address and correct them. Commissioner Morales asked about the existing restroom and whether the applicant had considered providing two; noting that expanding the business’ activities with only one restroom could become a problem. Mr. Saab responded that they had considered it, but found there isn’t room to expand, unless they were to build into the rear parking lot. He stated that it has not posed a problem for their customers. Mr. Saeki noted that expanding the restroom would reduce the usable square footage and capacity. Chairman Murray asked staff if any correspondence had been received. Ms. Flores stated that no correspondence had been received. Chairman Murray invited members of the public to address the Commission on this matter. 1. Manny Rodriguez, 10060 Sideview Drive, stated t hat he enjoyed going to the hookah facility, noting it is a nice place to go after 2 a.m. He stated that the background music is necessary to create an ambiance. He added that the level of noise would not be a problem. 2. Estelle Rodriguez, 10060 Sideview Drive added, the City wants to attract businesses to Downey and this type of facility can be beneficial; also provi des a place for the youth to patronize that does not involve drinking. She noted that the facility doesn’t really have the means to increase their income, so it is important that they be able to charge a cover charge. 3. Emory Sipos, 12832 Smallwood Avenue, stated that since the two hookah bar/facilities opened downtown, he finds many beer cans left in the st reets and parking area near his business (which is nd just north of 2 Street). He stated people also urinate in his trash cans. He asked that the applicant better control customers and be more vigilant of their activities. Mr. Saeki responded that he would ask Police Department to step up their evening patrol of the Downtown area. He asked Mr. Sipos to keep the City informed of any negative activities that occur. Mr. Saab asked Mr. Sipos to keep him informed as well; adding that they do not serve alcohol at their facility, so the beer cans are from elsewhere. Commissioner Morales noted that although these people may be parking nearby, they may very well be frequenting other facilities. PLANNING COMMISSION DRAFT MINUTES, JULY 18, 2012 – PAGE 3 Page 4 Mr. Saab also shared his desire to provide more lighting in the rear parking lot. Chairman Murray suggested that Mr. Saab refer the lighting concerns to Planning staff. Chairman Murray asked for staff’s recommendation. Ms. Flores stated staff was able to support the applicant’s request, and if the Commission agreed, staff recommends the Commission approve the revised Resolution. There being no questions regarding staff’s recommendation, Chairman Murray closed the public hearing. Commission discussion: Commissioner Morales stated that he had been to the facility and provided the following comments: 1) agree that the disc jockey component will add to the ambiance of the facility, and did not see that there’d be any negative impact; 2) the facility is sm all with approximately six (6) lounge areas; 3) he understands the applicant’s concerns regarding a cover charge, considering people share one hookah. He stated the ability to add D.J. music will complement the approved use, but he would like to have the Downey Police informed of the negative activities being reported in the area. Commissioner Morales said he wished to discuss further the applicant’s request to be allowed to keep the D.J. until 2 a.m.; perhaps they should examine all approvals in the Downtown for consistency. He agreed that they could be less stringent here, since there is no alc ohol or dancing; and because they could revisit the matter if any problems were reported. Commissioner Lujan asked about the potential customers queuing outside; whether that would create a potential problem; and whether or not queuing inside was a better idea? Commissioner Kiefer stated that he did not have a concern with the business being open until 4 a.m., but does not want the music that late. Senior Planner Blumenthal affirmed that the business is permitted to be open until 4 a.m. In addition, he stated the City could support the applicant’s request to allow a D.J. until 2:00 a.m. on Friday and Saturday nights. Commissioner Garcia agreed, noting they want to bring night life into the Downtown. Commissioner Kiefer also agreed that no negative impact was foreseeable with the addition of a D.J., especially with the conditions as recommended. He said he was not opposed to charging a cover charge, but noted it might be better to charge after customers entered the building. He also agreed to permit the D.J. until 2:00 a.m. on Friday and Satu rday nights (actually Saturday morning, and Sunday morning). Chairman Murray stated his agreement, as well. He also wanted increased Police monitoring of the Downtown area. Mr. Saeki stated that the City would be monitoring the Downtown area, in particular this section of Downey Avenue, and update the Commission in about six (6) months. The Commissioners discussed the possibility of allowing a D.J. until 2 a.m. on Thursdays, as well, since activity in the Downtown on Thursdays is picking up; and the elimination of Condition number 11. The applicant acknowledged his acceptance of the changes to the recommended conditions. It was moved by Commissioner Kiefer, seconded by Commissioner Garcia and passed by a 5-0 vote, to adopt Resolution number 12-2777, adding the newest condition (number 18, addressing noise limitations); modifying Condition number 5, (limiting the D.J. until 1:30 Sunday through Wednesday PLANNING COMMISSION DRAFT MINUTES, JULY 18, 2012 – PAGE 4 Page 5 nights, and until 2 a.m. on Thursday through Saturday nights; and eliminate Condition number 11, (which prohibited charging a cover charge). Commissioner Kiefer stated he thinks it is a good idea to increase Police presence in the Downtown. Mr. Saeki said he was in agreement and would forward the recommendation. VIII. ORAL COMMUNICATIONS : There were no persons wishing to address the Commission under Oral Communications. IX. OTHER BUSINESS: 1. (PLN-12-00161): Request to Initiate a Code Amendment to amend the zoning code to allow professional offices in the H-M (Hospital-Medical Arts) zone. Chairman Murray invited staff to present their report. Senior Planner, David Blumenthal, presented staff’s report. He stated staff did not support the requested Code Amendment Initiation and reviewed the reas ons as provided in staff’s report. After his presentation, Mr. Blumenthal stated staff’s recommendation is to deny the request to initiate a Code Amendment to the H-M (Hospital-Medical Arts) zone. Commissioner Kiefer asked to clarify: Professional office uses are not allowed in the H-M zone because the area is intended to allow uses that support the hospital and its activities, while medically-related uses are not permitted in professional office zones? Al so, what would the City do if all the HM-zoned properties were filled, and there were no vacancies? Where those uses would be permitted? Mr. Blumenthal responded that in that scenario, the City would re-examine General Plan’s land use diagram. He also clarified that the H-M zone allows five-story structures, as does the C-P (Professional Office) zone; and affirmed it was the side yard setbacks that the Commission recently modified in the H-M zone. Chairman Murray asked staff to explain the applicants’ request. Mr. Blumenthal stated that the applicants’ requested Code Amendment is to allow a law office to operate in the building at 8333 Iowa Street, which is zoned H-M (Hospital-Medical Arts). Chairman Murray asked if the type of legal focus could make a difference if the business was working strictly with malpractice cases, for example? Mr. Blumenthal noted that the type of use would still be considered a legal office, and they are specifically restricted. Commissioner Morales inquired if medical uses are also permitted in C-1 and C-2 zones? Mr. Blumenthal noted parking is a problem with the commercially-zoned properties, since medical/dental uses are calculated at a higher formula. Chairman Murray invited the applicant forward. Dr. Pramod and Mrs. Anju Multani, 8333 Iowa Street, came forward. Dr. Multani provided a brief introduction of his business in Downey since 1984; he also held the position of Chief of Staff at Downey Regional Medical Center. He ex plained that they own the building at 8333 Iowa Street, and it is their desire to have the law office within the same building. PLANNING COMMISSION DRAFT MINUTES, JULY 18, 2012 – PAGE 5 Page 6 Mrs. Anju Multani explained that her legal practice covers Los Angeles and Norwalk courts; she also assists with collection claims and Social Security claims. She stated that locating her business within Downey would only benefit the City, and stated that she saw no adverse effects from allowing her to locate her law office within the medical building. She reviewed the types of businesses surrounding them on Dolan Avenue and Iowa Street, describing non medically-related businesses. She also claimed that they were not notified of this restriction when they purchased the property, and questioned if this might be considered a taking. She added the building is 13,000 sq. ft. and two-story; and she is only wishing to occupy a small office area. In response to Mrs. Multani’s claim that she was unaware of this restriction, Mr. Sellheim stated that when the Multani’s requested the zone change from M-2 to H-M zone in 2001, the staff report and environmental documents clearly proposed the de velopment of a medical office building. Dr. Multani asked that Commissioners to find a way to allow an exception to this restriction. He noted there are many vacancies in the medical bui lding at 11411 Brookshire Avenue, and thought if non-medical uses were permitted, it might help reduce the vacancy rate. Chairman Murray asked if any correspondence had been received. Staff responded, no correspondence had been received. Chairman Murray invited members of the audience forward. There were no others wishing to address the Commission on this matter. Chairman Murray asked staff to state their recommendation. Senior Planner Blumenthal stated staff recommended denial, as per the attached Resolution which will be numbered 12-2778. There being no further comments, Chairman Murray closed the discussion. Commissioner Kiefer stated that he understood staff’s position to preserve the H-M zones for medically- related uses. Mr. Sellheim added, the City is not able to issue use variances: a variance to the list of permitted uses would not be permitted. Commissioner Kiefer stated that he opposed the requested change, but was sympathetic to the request to have both owners utilize the building; perhaps finding that a portion of the legal activities were medically-related. Commissioner Garcia agreed with Commissioner Kiefer. Commissioner Lujan said he was in agreement with staff’s recommendation. Commissioner Morales agreed with staff’s position, emphasizing that the City is unable to grant use variances. He also wished to see the H-M zone preserved for those uses that support a hospital. He stated that there is plenty of leasable property in the professional office zones. However, he asked if it was worth considering allowing a percentage of buildings within the zone be occupied by non-medical uses. He stated the City is business friendly and wants to see the buildings occupied. Chairman Murray stated he was in agreement with staff’s recommendation in this matter, although he sympathized with the applicants. PLANNING COMMISSION DRAFT MINUTES, JULY 18, 2012 – PAGE 6 Page 7 Community Development Director Saeki stated that he would work with the applicants to see what can be done. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a unanimous vote, to adopt Resolution No. 12-2778, denying the request to initiate the Code Amendment (PLN-12- 00161.) 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. X. ITEMS FOR FUTURE AGENDA: No items for future agendas were addressed. XI. ADJOURNMENT: There being no further business coming before the Planning Commission, the Commission adjourned at 7:35 p.m., to Wednesday, August 1, 2012 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241. st APPROVED AND ADOPTED this 1 day of August, 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 1st day of August, 2012, by the following vote: AYES: COMMISSIONERS: Garcia, Morales, Kiefer, Murray ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Minutes\2012\July 18, 2012-Minutes.doc PLANNING COMMISSION DRAFT MINUTES, JULY 18, 2012 – PAGE 7