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Home My WebLink AboutPC Minutes - 12/19/2012 CITY OF DOWNEY __________ _______________________ MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY , DECEMBER 19 , 2012 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6 :30 P.M. I. A Regular meeting of the Planning Commission was held December 19, 2012. After the Pledge of Allegiance to the Flag, Theresa Donahue called roll at 6:3 5 p.m. COMMISSIONERS PRESENT : II. Louis Morales, District 3 , Vice - Chairman (arrived at 6:4 5 pm) Matias Flores , District 4 Hector Lujan, District 5 Michael Murray, District 1 , Chairman COMMISSIONER ABSENT: Robert Kiefer, District 2 ALSO PRESENT: Yvette Abich Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Mary Cavanagh , Sec retary Theresa Donahue, Secretary MINUTES: I II. It was moved by Commissioner Lujan, seconded by Commi ssioner Flores and passed by a 3 - 0 vote, with Commiss ioner s Kiefer and Morales absent, to approve the Minutes of December 5 , 2012 . AGENDA CHANG ES: I V. There were no changes to the agenda. REPORT ON CITY COUNCIL ACTION : V. City Planner, William Dav is, noted that the City Council had re organized, welcoming Councilmember Saab , and announcing the new Mayo r for this year is Mario Guerra District 2. CONSENT CALENDAR ITEMS: VI. There were n o Consent Calendar items. PUBLIC HEARING ITEM S : VII. PLN - 12 - 00216 (CONDITIONAL USE PERMIT ) 1 . Lo cation: 8803 Imperial Highway Owner: Jesus Magana App licant: 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 Facilit ies). 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 al low the restaurant to include disc jockey with their previously permitted live entertainment activities (the restaurant was prev iously approved to have karaoke and customer dancing) on property zoned C - 2 (General Commercial). PLANNING COMMISSION MINUTES, DECEMBER 19, 2012 – PAGE 1 Page 2 Chairman Murray noted staff ’ s recommendation to continue the public hearing to January 2, 2013. It was m oved by Commissioner Lujan, seconded by Commissioner Flores and passed by a 3 - 0 vote , to continue the public hea ring to January 2, 2013. PLN - 12 - 00267 (CONDITIONAL USE PERMIT) 2. Location: 11018 Downey Avenue Owner: Downey Avenue Investments, LLC Applicant: David Llamas Staff: Kevin Nguyen CEQA: As required by the California Environmental Quality Act (CEQA), this re quest has been found to be Categorically Exempt from CEQA, pe r CEQA Guidelines, Section 15301 ( Class 1, Existing Facilities ) . Request: A request to allow the existing restaurant (Mambo Grill) that is currently operated with their D epartment of Alcoholic Beverage Control (ABC) Type 47 (On - Sale General, Eating Place) to include d isc jo c key, live band, dancing, and karaoke entertainment , on property zoned DDSP (Downtown Downey Specific Plan). Chairman Murray opened the public hearing for PLN - 12 - 00 267 (Conditional Use Permit). Ms. Donahue affirmed proof of publication. Kevin Nguyen , Assistant Planner, stated staff supports the requested application , while reporting the h ours of operation would be S at urday - Thurs day 9 - 12 am, and Fri day 9 - 2 am. T his will attract more c ustomers to Downey . Mr. Nguyen added that staff has placed a condition of approval that requires the doors be closed during business hours to avoid noise impact to surrounding businesses. Chairman Murray opened the floor to questions from the Board. There were no questions at this time. David Llamas, 11018 Downey Ave., Downey, CA , and the owner o f Mambo Grill thanked staff and Planning Commission for consideration of his request , and made positive comments regarding residing a nd d oing business in Downey. Mr. Llamas state d he understands and agrees to staff ’s recommendation, and will meet all conditions of approval. Commissioner Flores asked Mr. Llamas if the location has a rear entrance. Mr. Llamas responded the business has a rear entrance that will not be use d by the public. It will remain for staff use only (i.e. loading and unloading supplies , removing trash , etc.) . Chairman Murray asked what type of dance music will be played. Mr. Llamas responded, as a family orien ted business, music will be family appropriate at all times, depending on the crowd. Yvette Garcia, City Attorney call ed for the record to s how Commissioner Morales arrived at 6:45 pm. Chairman Murray asked if there were any correspondence in favor or op position. Mr. Nguyen r esponded that no correspondence had been received. Robert Zavala of Mira Loma, CA stated he owned a travel agenc y on the corner of Downey Avenue and Third Street , from 1992 to February 2012 , and a member of the Downey Chamber of Co mmerce since 1993. Mr. Zavala was in favor of the changes to Mambo Grill and com mented that he is PLANNING COMMISSION MINUTES, DECEMBER 19, 2012 – PAGE 2 Page 3 pleased that the Llamas family c hose to expand at the existing location rather than relocate during a major recession and believed the owner is already complying with the condit ions of CUP. He further stated th at the owner is a responsible business owner and will help to turn Downtown Downey into more of an entertainment destination bringing additional revenue to the city. Carlos Galvan 10323 Birchda le Street, owner of Amapola grocery store stated Mambo Grill is owned by a great family and urges approval. No one spoke in opposition. Mr. Nguyen recommended approval of PLN - 12 - 00267 . Commissioner Lujan state d everything looks good ; it is family owned and David (owner) is always there. Commissioner Morales state d the request falls in line with wher e the city is moving and he has no o utstanding issues. Commissioner Flores said he has visited the business and is hopeful it will make downtown more of a “Hub”. Chairman Murray said he wa s in agreement and called Mambo Grill the American Dream and a great e xample of business. It was moved by Commissioner Lujan, seconded b y Commissioner Morales , and passed by a 4 - 0 vote to a dopt Resolution 12 - 2808 . 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. ORAL C OMMUNICATIONS VIII. : None OTHER BUSINES S : IX. 2014 - 2021 Housing Element Update: Community Workshop Senior Planner Blumenthal introduced consultant Alexa Washburn of ESA. Ms. Washburn provi ded a PowerPoint presentation on the Housing Element U pdate , revi ewing the following bullet points: Consequences of an Uncertified Housing Element; RHNA (Regional Housing Needs Allocation); Housing Element Content; Update Process and Benefits of a Certified Housing Element. It was moved by Commissioner Lujan, seconded by Commissioner Morales and passed by a 4 - 0 vote to Receive and File the Housing Element Update. ITEMS FOR FUTURE AGENDA: X. The Commissioners asked for updates for various developments in the City: 1) The View; 2) former Sambi’s site; 3) Tierra Luna. ADJOURNMENT: X I . There being no further business to discuss , the Planning Commission adjourned at 7:15 pm in memory of those killed at the Sandy Hook Elementary School tragedy , to Wednesday, January 2, 2013 at 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, Ca. 90241 PLANNING COMMISSION MINUTES, DECEMBER 19, 2012 – PAGE 3 Page 4 APPROVED AND ADOPTED this 16th day of January, 201 3 . Michael Murray Michael Murray, Chairman CITY PLANNING COMMISSION I HEREBY CERTIFY that the foregoing Minutes were duly approved at a R egular meeting of the Planning Commission held on the 16th day of January, 2013 , by the following vote: AYES: COMMISSIONERS: Lujan, Flores, and Murray ABSENT: COMMISSIONERS: Morales ABSTAIN: COMMISSIONERS: Kiefer NOES: COMMISSIONERS: None T heresa Donahue Theresa Donahue, Secretary CITY PLANNING COMMISSION PLANNING COMMISSION MINUTES, DECEMBER 19, 2012 – PAGE 4