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HomeMy WebLinkAboutPC Minutes - 09/05/2012 CITY OF DOWNEY __________ _______________________ MINUTES 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 o f Allegiance to the Flag, roll was called at 6:33 p.m. COMMISSIONERS PRESENT : II. 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 MINUTES: I II. It was moved by Commissioner Kiefer, seco nded by Commissioner Lujan and passed by a 3 - 0 - 2 vote, with Commissioners Garcia and Murray absent, to approve the Minutes of August 1 5 , 2012 . AGENDA CHANGES: I V. William Davis, City Planner, stated there were no changes to the agenda . REPORT ON C ITY COUNCIL ACTION : V. Mr. Davis stated that he had no items to report from the August 28, 2012 City Council meeting. CONSENT CALENDAR ITEMS: VI. There were n o Consent Calendar items. PUB LIC HEARING ITEM S : VII. PLN - 12 - 00204 (SPECIAL EVENT) 1 . Location: 10924 Paramount Boulevard Owner: Downey Brewing Company Applicant: Sergio Vazquez Staff: Jessica Flores CEQA: As required by the California Environmental Quality Act (CEQ A), this request has been found to be Categorically Exempt from CEQA, p e r 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 pa rking 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 i tem would be re - advertised. Associate Planner, Jessica Flores, stated that this year’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 passe d by a 3 - 0 - 2 vote to continue this item to September 19 , 2012 and re - advertise accordingly. PLANNING COMMISSION MINUTES, SEPTEMBER 5, 2012 – PAGE 1 Page 2 PLN - 12 - 00181 ( CONDITIONAL USE PERMIT ) 2 . Location: 9911 Paramount Boulevard Owner: Thomas Vonderahe, Downey Center Partnership Applicant: Humberto Escobar St aff: Jessica Flores 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 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 squ are 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 pu blic hearing for PLN - 12 - 00181 . Ms. Donahue affirmed proof of publication. Associate Planner, Jessica Flores, presented staff’s report 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 staf f is recommending the Commission include a condition of approval , which the Commission removed from the previous approval, addressing the sound barrier. She explained that after the studio had been allowed to open without the sound barri er, 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. Comm issioner Kiefe r 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 Morale s added that another benefit to prov iding the sound barrier through out, 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 c ost. 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 unde rstood 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 s he had talked to the b usiness owner to the south (99 Cent S tore), 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 wil l be a water store and 99 Cent S tore , which she didn’t believe would be similarly impacted. She stated her greatest object ion is due to the additional cost involved with installing the soundproofing material. Commis sioner Morales informed Ms. DeBonis that he believed the applicant c ould to keep costs down if she shops around for competitive pricing and various materials. PLANNING COMMISSION MINUTES, SEPTEMBER 5, 2012 – PAGE 2 Page 3 Co mmissioner 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 adul t 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 t hey 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 regardin g 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 pr oofing, 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: D id the Commission want the entire area sound - proofed? Commissioner Kiefer said yes, from end to end. Comm issioners 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 adop t Resolution No. 12 - 2785, approving PLN - 12 - 00181 (C onditional U se P ermit ). 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 t ime period as set forth in the City’s Ordinance. ORAL COMMUNICATIONS VIII. : 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 BUSINES S : No items were addressed. IX. PLANNING COMMISSION MINUTES, SEPTEMBER 5, 2012 – PAGE 3 Page 4 ITEMS FOR FUTURE AGENDA: X. Mr. Davis noted that there were several items scheduled for the September 19, 2012 meeting. Ms. Yvette Abich Garcia stat ed that she would not be present at the next Planning Commission meeting, September 19. ADJOURNMENT: X I . There being no further comments to come before the Planning Commission, the Commission adjourned at 6:55 p.m., t o Wednesday, September 19 , 2012 , 6:3 0 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 APPROVED AND ADOPTED this 17th day of October , 2012 . Louis Morales Louis Morales , Vice - Chairman CITY PLANNING COMMISSION I HEREBY CERTIFY that the for egoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 17 th day of October , 2012 , by the following vote: AYES: COMMIS SIONERS: Lujan, Morales, Kiefer ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Garcia, Murray NOES: COMMISSIONERS: None Theresa Donahue Theresa Donahue , Secretary CITY PLANNING COMMISSION H: \ Community Development \ Planning Commission \ Agendas \ AGENDAS 2012 - PC \ Sept 19, 2012 \ September 5, 2012 - M inutes.doc PLANNING COMMISSION MINUTES, SEPTEMBER 5, 2012 – PAGE 4