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HomeMy WebLinkAboutJan 16, 2013 Draft Minutes CITY OF DOWNEY __________ _______________________ DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY , JANUARY 16, 2013 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6 :30 P.M. I. A Regular meeting of the Planning Commi ssion was held January 16, 2013 . After the Pl edge of Allegiance to the Flag, Mary Cavanagh called roll at 6:3 5 p.m. COMMISSIONERS PRESENT : II. Hector Lujan, District 5 (arrived at 6:57 ) Matias Flores , District 4 Robert Kiefer , District 2 Michael Murray, District 1 , Chairman COMMISSIONER ABSENT: Louis Morales, District 3 , Vice - Chairman ALSO PRESENT: Brian Saeki, Community Development Director Yvette Abich Garcia, City Attorney William Davis, City Planner Kevin Nguyen, Assistant Planner Jessica F lores, Associate Planner Mary Cavanagh , Secretary Theresa Donahue, Secretary MINUTES: I II. It was moved by consensus of the Planning Commission to delay the consideration of the Minutes until after the public hearing , due to a lack of a quorum . AGENDA CHANGES: I V. There were no changes to the agenda. REPORT ON CITY COUNCIL ACTION: V. None. CONSENT CALENDAR ITEMS: VI. None. PUBLIC HEARING ITEM S: VII. PLN - 12 - 00216 (CONDITIONAL USE PERMIT) 1. Location: 8803 Imperial Highway Owner: Jesus Magana Applicant: Crown Plaza Development LLC Staff: Kevin Nguyen CEQA: As required by the California Environmental Quality Act (CEQA), this request has been found to be Categorically Exempt from CEQA, p er CEQA Guidelines, Section 15301 (Class 1, Existing Facilities). Request: A request to allow an existing restaurant (La Perla Del Mar) to upgrade their Department of Alcoholic Beverage Control (ABC) Type 41 (On - Sale B eer and Wine, Eating Place) to an ABC Type 47 (On - Sale General, Eating Place) license and to allow the restaurant to include a disc jockey with their previously permitted live entertainment activities (the restaurant was prev iously approved to have karaoke and customer dancing) on prop erty zoned C - 2 (General Commercial). PLANNING COMMISSION DRAFT MINUTES, January 16, 2013 – PAGE 1 Page 2 Chairman Murray opened the public hearing for PLN - 12 - 00216 (Conditional Use Permit). Ms. Cavanagh affirmed proof of publication. Kevin Nguyen, Assi stant Planner, stated staff supports the requested application . Originally , staff r ecommended denial of the request due to the former business owner of the El Maguey Night Club having a Type 48 ABC license; however, u pon the suggestion of the Downey Pol ice Department, the applicant was able to convince the business owner of the El Maguey Night Club to surrender the Type 4 8 ABC license . Mr. Nguyen further stated that approving a T ype 47 ABC license a t the restaurant La Perla Del Mar , would bring more customers and revenue to the restaurant. T herefore, staff supports the request with conditions of approval . Chairman Murray pointed out the apartments and residential area near the restaurant . He asked about the location of the dance floor and if i t ha s a handicap accessible entrance. M r. Nguyen acknowledge d the surrounding a rea is resident ial. He stated the dance floor is l ocated in t he rear of the restaurant, and the handicap accessible en trance is located on the e ast s ide of the building along th e driveway. Mr. Nguyen said the front and back doors should be closed during business hours. Commissioner Kiefer asked what is being done to keep the noise level down for the residents, and how many nights a week they would have the DJ? Mr. Nguyen stat ed the police department previously received service calls regarding noise in the parking lot; staff has put a condition in place to have both the front and back doors closed during business hours except as an emergency exit; and the DJ would be operatin g seven days a week until 1 :00 am. Staff also pointed out that there ha s been no correspondence from residents. Commissioner Flores also stated his concerns with the DJ and Karao ke increasing the noise level , and asked if the former night club next doo r has a current T ype 48 ABC license. Mr. Nguyen responded that the T ype 48 ABC licen se had already been surrendered and he did not believe the noise would increase with the condition requiring that the doors remain closed. Chairman Murray called the ap plicant and his or her representative to come forward to state their testimony. M ichael Ayaz , attorney for the applicant stated , his client owns the parcel of property that holds both the restaurant and ni ght club . He confirmed that the T ype 48 ABC lic ense for the night club was s urrendered over one year ago . Mr. Ayaz has documentation from the A lcoholic B everage C ontrol t hat the restaurant is not in an over concentrated area for alcohol use . Mr. Ayaz addressed the concerns of the Planning Commissio n , beginning with the noise disturbance , by stati ng that the back doors would remain closed , with the front doors being accessible to handicapped or disabled patrons . He continued by stating that they are replacing the current music syste m of an automati c CD player with a DJ operating primarily Thursday through Sun day ( the request for seven days is to allow for h olidays falling on a weekday). He does not believe it will generate any more noise , nor have there been any c omplaints from the neighbors. Mr. Ayaz also stated that he read the conditions of approval with the applicant; the applicant understands and agrees to said conditions. As to the alarm issues , there were an average .92 calls per month , which they understand were too many ; therefore, t he s ecurity and m anagement will c ontinue to monitor the doors in order to minimize the amount of sound escaping. Chairma n Murray inquired if they had security in the parking lot as well as in the building. PLANNING COMMISSION DRAFT M INUTES, January 16, 2013 – PAGE 2 Page 3 Mr. Ayaz responded that they have security rovi ng in and out of the parking lot; however, the Magana’s have retained his office and will be beefing up security to monitor the premises inside and o utside . They will discuss the security measures with the Police Department upon pulling the entertainmen t permit . Commissioner Kiefer asked if the restaurant is open seven days a week, what time they open, and w hat his plans are f or the property next door. Jesus Magana , owner of the La Perla del Mar restaurant since 1990 , resides at 8222 Suva Street, Dow ney, CA. H e has owned another business in South Gate , located at 9536 Long Beach Blvd. since 1984 and has no other businesses in Downey. Mr. Magana stated that t he restaurant is open seven days a week at 10 am. , and that they a re trying to get a permit for a catering service for the business next door. Commissioner Kiefer asked if it was a catering service, kitchen. Nohemy Magana, daughter of Mr. Magana, responded that they are e xploring s ev eral options; one is to use their same kitchen and renting i t as a hall for quinceneras or baby showers . Another possibility would be business o ffices , but definitely no more night clubs - nothing that would compete with their existing business. She said th ey still need to find out what the City might want ther e. Chai rman Murray asked if there is any correspondence in favor or in opposition, to which Mr. Nguyen responded no . Chairman Murray calls for members of the audience to speak in favo r or in opposition of this application . Sandra Mc Cracken residing in El Paso , Texas, spoke in favor of the application. S he has known the family for many years. T he y are very hard working people. Mr. Magana was in the Service. T hey worked all their life for this restaurant and they have been struggling to do better . Sh e believes this license will help them. Chairman Murray called for anyone else to speak in favour or in opposition . No one spoke; therefore, Chairman Murray asked for staff recommendation . Mr. Nguyen recommended adopting R esolution #13 - 2809 , to approv e PLN - 12 - 00216 , s ubject to the c ondition s of approval. Chairman Murray called for questions from the audience on staff ’ s recommendation. T here being n one, the public hearing wa s closed. Chairman Murray opened the floor to the Planning Commission for d iscussion. Commissioner Kiefer asked staff if the building next door is able to use the restaurant’s liquor license, since they no longer had one. Mr. Nguyen responded by stating that our Zoning C ode would then require another conditional use permit appl ication. Comm issioner Flores asked staff if seven calls of service is a lot for a place like this. William Davis, City Planner, responded that number of calls is about average for this type of business . Chairman Murray called for questions. Commissione r Kiefer commented that he is concerned that the applica nt will take steps to keep the l iquor license. He also expressed his concern about noise , but no one is in the audience to discuss it. PLANNING COMMISSION DRAFT M INUTES, January 16, 2013 – PAGE 3 Page 4 Chairman Murray stated his number one concern is with the nois e being next to residential a partments , and wants respect for the neighbors. He pointed out that there is a conditional use permit in place so that if there are any issues , the applicant can be brou ght back to the Planning Commission to resolve then or revoke the CUP. Chairman Murray likes that the applicant is a Downey resident as well as a Downey business owner . Chairman Murray wants to be business friendly; he believe s that the applicant will respect these c onditions , and b eing that no one was in o pposition he recommended moving forward. Commissioner Lujan arrived at 6:57. Since he arrived after the public hearing was closed and therefore was not present to hear testimony , Commissioner Lujan removed himself from the Council Chambers. Commissio ner Flores stated he is not concerned with the noise as he does not believe it will increase; h owever, he b elieves that although the service calls were not above average, they should still be paid close attention to. Brian Saeki , Community Development D irector, responded by explaining t he City of Downey has a CUP revocation and business revocation process in place for any business that becomes a public nuisance. With respect to numerous calls for service , we can help police with these types of busine sses. Mr. Davis addressed the concerns of Commissioner Kiefer regarding the adjacent building and later omitted his comment as it was not related to this discussion. It was moved by Commissioner Kiefer, seconded by Commissioner Flores, and passed by a 3 - 0 v ote to adopt Resolution 13 - 2809, approving PLN - 12 - 00216. 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 fo rth in the City’s Ordinance. ( Commissioner Lujan re - entered the Council Chambers. ) MINUTES: VIII. It was moved by Commissioner Lujan, seconded by Commissioner Flores, and passed by 3 - 0 vote, with Commissioner Kiefer abstaining, to approve the Minutes of Decem ber 19, 2012. ORAL COMMUNICATIONS IX. : Mr. Saeki announced this is Theresa Donahue’s last meeting as she is is retiring from the City of Downey . She will be missed by the Community Development D epartment as well as other departments within the C ity. There sa has been a great asset to the C ity and instrumental in making things work the right way; she has been a big supporter of the Planning Commission . The Commissioners and staff expressed well wishes and words of appreciation for Ms. Donahue. Mr. Sae ki informed the Planning Commission that Jessica Flores will now be working directly with him for the next 6 - 12 months and will be finishing up any pending Planning projects. OTHER BUSINES S : X. None. ITEMS FOR FUTURE AGENDA: XI. ADJOURNMENT: X I . The re being no further business to discuss , the Planning Commission adjourned at 7:15 pm to Wednesday, February 6, 2013 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey , CA . 90241 PLANNING COMMISSION DRAFT M INUTES, January 16, 2013 – PAGE 4 Page 5 APPROVED AND ADOPTED this 16th day of January, 201 3 . 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 16th day of January, 2013 , by the following vote: AY ES: COMMISSIONERS: Lujan , Flores, and Murray ABSENT: COMMISSIONERS: Morales ABSTAIN: COMMISSIONERS: Kiefer NOES: COMMISSIONERS: None Mary Cavanagh , Secretary CITY PLANNING COMMISSION H: \ Community Development \ Planning Commission \ Minutes \ 2013 \ Jan 16, 2013 draft B - Minutes.doc Minutes.doc PLANNING COMMISSION DRAFT M INUTES, January 16, 2013 – PAGE 5