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HomeMy WebLinkAboutSept. 5, 2012 Draft MinutesMINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, SEPTEMBER 5, 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held September 5, 2012. After the Pledge of Allegiance to the Flag, roll was called at 6:33 p.m. II. COMMISSIONERS PRESENT: Louis Morales, District 3, Vice-Chairman Robert Kiefer, District 2 Hector Lujan, District 5 COMMISSIONERS ABSENT: Ernie Garcia, District 4 Michael Murray, District 1, Chairman ALSO PRESENT: Yvette M. Abich-Garcia, City Attorney William Davis, City Planner Jessica Flores, Associate Planner Theresa Donahue, Secretary III. MINUTES: It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a 3-0-2 vote, with Commissioners Garcia and Murray absent, to approve the Minutes of August 15, 2012. IV. AGENDA CHANGES: William Davis, City Planner, stated there were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: Mr. Davis stated that he had no items to report from the August 28, 2012 City Council meeting. VI. CONSENT CALENDAR ITEMS: There were no Consent Calendar items. VII. PUBLIC HEARING ITEMS: 1. PLN-12-00204 (SPECIAL EVENT) Location: 10924 Paramount Boulevard Owner: Downey Brewing Company Applicant: Sergio Vazquez 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 15304(e), (Class 4, Minor Alternations to Land). Request: A request for approval of a Special Event permit to conduct an Oktoberfest celebration on the parking lot of an existing restaurant (Downey Brewing Company), on property zoned DDSP (Downtown Downey Specific Plan). Vice-Chairman Morales stated that staff’s recommendation is to continue this item to September 19, 2012. He inquired if the item would be re-advertised. Associate Planner, Jessica Flores, stated that this y ear’s Oktoberfest would be re-advertised because the applicant has decided to change the dates. It was moved by Commissioner Lujan, seconded by Commissioner Kiefer and passed by a 3-0-2 vote to continue this item to September 19, 2012 and re-advertise accordingly. PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 5, 2012 – PAGE 1 Page 2 2. PLN-12-00181 (CONDITIONAL USE PERMIT) Location: 9911 Paramount Boulevard Owner: Thomas Vonderahe, Downey Center Partnership Applicant: Humberto Escobar 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 Conditional Use Permit for the modification of the address and square footage of an existing conditional use permit allowing an existing dance studio within a multi-tenant building to move from 9903 Paramount Boulevard to 9911 Paramount Boulevard, and increase its square footage from 890 sq. ft. to 1,946 sq. ft., on property zoned C-2 (General Commercial) and P-B (Parking Buffer). Vice-Chairman Morales opened the public hearing for PLN-12-00181. Ms. Donahue affirmed proof of publication. Associate Planner, Jessica Flores, presented staff’s r eport and accompanying PowerPoint exhibits. She stated that the operator of an existing dance studio is opting to relocate their studio a few doors down, utilizing the same parking lot as current location. Ms. Flores noted that staff is recommending the Commission include a condition of approval, which t he Commission removed from the previous approval, addressing the sound barrier. She explained that after the studio had been allowed to open without the sound barrier, the neighboring business complained, noting the noise bothered patrons. Her PowerPoint slides included the proposed floor area, and she explained that staff was limiting the proposed activities to dance classes only, no recitals. Commissioner Kiefer affirmed that businesses exist on both sides of the proposed new location; and also received affirmation from staff that providing a sound barrier for the dance area portion of the tenant space only would not be as effective as installing it around the entire perimeter. Commissioner Morales added that another benefit to providing the sound barrier throughout, would be if the studio wanted to expand their dance area later. Ms. Flores stated that the applicant objected to the condition due to the added cost. Some discussion followed regarding the extent of sound-proofing materials required to provide adequate protection to the neighboring businesses. Rosa DeBonis, 9903 Paramount Boulevard, addressed the Commission. She stated that she had read and understood the recommended conditions of approval, and had one concern. She asked that the Commission reconsider the requirement for installing sound proofing material through-out the entire space, noting that one wall was built with brick. She stated that she had talked to the business owner to the south (99 Cent Store), and had been told that they do not feel the need for her to install sound-proofing on the wall adjacent to them. Commissioner Morales asked what problems the applicant had run into with the current location’s neighbors. Ms. DeBonis stated that the problem was with the patrons of the restaurant, but the new neighbors will be a water store and 99 Cent Store, which she didn’t believe would be similarly impacted. She stated her greatest objection is due to the additional cost involved with installing the soundproofing material. Commissioner Morales informed Ms. DeBonis that he believed the applicant could to keep costs down if she shops around for competitive pricing and various materials. PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 5, 2012 – PAGE 2 Page 3 Commissioner Kiefer inquired about the hours of operation. Ms. DeBonis provided that the classes run 8:30 a.m. to 9:15 p.m. She broke it down: 8:30 – 9:30 a.m. is adult zumba; 9:30 a.m. to 11 a.m., they will offer private lessons; 5:00 p.m.- 6:00 p.m. will be children dance; and 7:00 p.m. to 9:15 p.m. is time set aside for adults. She stated that the last class is zumba. Responding to questions from the Commissioners, she noted that they do not allow the space to be rented out by outside instructors and they employ two (2) instructors. Vice-Chairman Morales asked staff if they had received any correspondence on this matter. Ms. Flores stated that no correspondence had been received. Vice-Chairman Morales invited comments from the audience. No one came forward. Vice-Chairman Morales asked for staff’s recommendation. Ms. Flores stated staff’s recommendation is for approval and the Resolution No will be 12-2785, which includes the Condition for sound proofing materials. There being no questions regarding staff’s recommendation, Vice-Chairman Morales closed the public hearing. Commissioner discussion: The Commissioners stated they approved of the relocation, and agreed that it was safer for the neighboring businesses to include the condition for sound proofing, rather than find out after the fact that they are being disturbed. Commissioner Morales suggested that a block wall might provide the needed barrier, as an alternative, but should be worked out with staff. Commissioner Kiefer noted that the added area being requested will allow for more people and therefore more noise, so the sound-proofing is important. Ms. Flores asked for clarification: Did the Commission want the entire area sound-proofed? Commissioner Kiefer said yes, from end to end. Commissioners Lujan and Vice-Chairman Morales agreed. It was moved by Commissioner Kiefer, seconded by Commissioner Lujan and passed by a 3-0-2 vote with Commissioners Kiefer, Lujan and Morales voting “aye” and Commissioners Garcia and Murray absent, to adopt Resolution No. 12-2785, approving PLN-12-00181 (Conditional Use Permit). 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. VIII. ORAL COMMUNICATIONS : Commissioner Lujan shared that AYSO had its Opening Day the previous Saturday, September 1, 2012, and that it was very successful. Vice-Chairman Morales stated that Opening Day for the Razorbacks was the upcoming Saturday, noting there would be a $25,000 raffle-fundraiser, as well. Vice-Chairman Morales asked for an update regarding this request for red or yellow curbing along Tecum Road, north of Florence Avenue, where parked cars were causing a bottleneck. OTHER BUSINESS: No items were addressed. IX. PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 5, 2012 – PAGE 3 Page 4 X. ITEMS F OR FUTURE AGENDA: Mr. Davis noted that there were several items scheduled for the September 19, 2012 meeting. Ms. Yvette Abich Garcia stated that she would not be present at the next Planning Commission meeting, September 19. XI. ADJOURNMENT: There being no further comments to come before the Planning Commission, the Commission adjourned at 6:55 p.m., to Wednesday, September 19, 2012, 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 5th day of September, 2012. 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 15th day of August, 2012, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Garcia, Murray NOES: COMMISSIONERS: Theresa Donahue, Secretary CITY PLANNING COMMISSION H:\Community Development\Planning Commission\Agend as\AGENDAS 2012 - PC\Sept 19, 2012\September 5, 2012-Draft Minutes.doc PLANNING COMMISSION DRAFT MINUTES, SEPTEMBER 5, 2012 – PAGE 4