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HomeMy WebLinkAboutPC Minutes - 01/16/13 � ` � k of Doµ�, MINUTES f 4 �� j ` _ REGULAR MEETING DOWNEY CITY PLANNING COMMISSION `s) WEDNESDAY, JANUARY 16, 2013 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE CgLIFORN\t DOWNEY, CALIFORNIA 6:30 P.M. I. A Regular meeting of the Planning Commission was held January 16, 2013. After the Pledge of Allegiance to the Flag, Mary Cavanagh called roll at 6:35 p.m. II. COMMISSIONERS PRESENT: 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 Flores, Associate Planner Mary Cavanagh, Secretary Theresa Donahue, Secretary III. MINUTES: It was moved by consensus of the Planning Commission to delay the consideration of L the Minutes until after the public hearing, due to a lack of a quorum. IV. AGENDA CHANGES: There were no changes to the agenda. V. REPORT ON CITY COUNCIL ACTION: None. VI. CONSENT CALENDAR ITEMS: None. VII. PUBLIC HEARING ITEMS: 1. PLN -12 -00216 (CONDITIONAL USE PERMIT) 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, per 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 Beer 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 L entertainment activities (the restaurant was previously approved to have karaoke and customer dancing) on property zoned C -2 (General Commercial). PLANNING COMMISSION 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, Assistant Planner, stated staff supports the requested application. Originally, staff recommended denial of the request due to the former business owner of the El Maguey Night Club having a Type 48 ABC license; however, upon the suggestion of the Downey Police Department, the applicant was able to convince the business owner of the El Maguey Night Club to surrender the Type 48 ABC license. Mr. Nguyen further stated that approving a Type 47 ABC license at the restaurant La Perla Del Mar, would bring more customers and revenue to the restaurant. Therefore, 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 it has a handicap accessible entrance. Mr. Nguyen acknowledged the surrounding area is residential. He stated the dance floor is located in the rear of the restaurant, and the handicap accessible entrance is located on the east side of the building along the 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 stated 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 operating seven days a week until 1:00 am. Staff also pointed out that there has been no correspondence from residents. Commissioner Flores also stated his concerns with the DJ and Karaoke increasing the noise level, and asked if the former night club next door has a current Type 48 ABC license. Mr. Nguyen responded that the Type 48 ABC license 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 applicant and his or her representative to come forward to state their testimony. Michael Ayaz, attorney for the applicant stated, his client owns the parcel of property that holds both the restaurant and night club. He confirmed that the Type 48 ABC license for the night club was surrendered over one year ago. Mr. Ayaz has documentation from the Alcoholic Beverage Control that the restaurant is not in an over concentrated area for alcohol use. Mr. Ayaz addressed the concerns of the Planning Commission, beginning with the noise disturbance, by stating 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 system of an automatic CD player with a DJ operating primarily Thursday through Sunday (the request for seven days is to allow for holidays falling on a weekday). He does not believe it will generate any more noise, nor have there been any complaints 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, the security and management will continue to monitor the doors in order to minimize the amount of sound escaping. Chairman Murray inquired if they had security in the parking lot as well as in the building. PLANNING COMMISSION MINUTES, January 16, 2013 — PAGE 2 Page 3 Mr. Ayaz responded that they have security roving 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 L outside. They will discuss the security measures with the Police Department upon pulling the entertainment permit. Commissioner Kiefer asked if the restaurant is open seven days a week, what time they open, and what his plans are for the property next door. Jesus Magana, owner of the La Perla del Mar restaurant since 1990, resides at 8222 Suva Street, Downey, CA. He 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 the restaurant is open seven days a week at 10 am., and that they are 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 exploring several options; one is to use their same kitchen and renting it as a hall for quinceneras or baby showers. Another possibility would be business offices, but definitely no more night clubs - nothing that would compete with their existing business. She said they still need to find out what the City might want there. Chairman 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 favor or in opposition of this L application. Sandra McCracken residing in El Paso, Texas, spoke in favor of the application. She has known the family for many years. They are very hard working people. Mr. Magana was in the Service. They worked all their life for this restaurant and they have been struggling to do better. She 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 Resolution #13 -2809, to approve PLN -12- 00216, subject to the conditions of approval. Chairman Murray called for questions from the audience on staff's recommendation. There being none, the public hearing was closed. Chairman Murray opened the floor to the Planning Commission for discussion. 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 Code would then require another conditional use permit application. Commissioner 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. Commissioner Kiefer commented that he is concerned that the applicant will take steps to keep the liquor license. He also expressed his concern about noise, but no one is in the audience to discuss it. PLANNING COMMISSION MINUTES, January 16, 2013 — PAGE 3 Page 4 Chairman Murray stated his number one concern is with the noise being next to residential apartments, 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 brought 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 believes that the applicant will respect these conditions, and being that no one was in opposition 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. Commissioner Flores stated he is not concerned with the noise as he does not believe it will increase; however, he believes that although the service calls were not above average, they should still be paid close attention to. Brian Saeki, Community Development Director, responded by explaining the 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 businesses. 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 vote 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 forth in the City's Ordinance. (Commissioner Lujan re- entered the Council Chambers.) VIII. MINUTES: 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 December 19, 2012. IX. ORAL COMMUNICATIONS: 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 Department as well as other departments within the City. Theresa has been a great asset to the City 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. Saeki 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. X. OTHER BUSINESS: None. XI. ITEMS FOR FUTURE AGENDA: XI. ADJOURNMENT: There 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 MINUTES, January 16, 2013 — PAGE 4 Page 5 APPROVED AND ADOPTED this 6th day of February, 20 ` . t i /4,,,/ L ouis Morale , Chairman C ITY PLAN 'ING COMMISSION I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 6th day of February, 2013, by the following vote: AYES: COMMISSIONERS: Lujan, Flores, and Kiefer ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Morales, Rodriguez ,, NOES: COMMISSIONERS: None 1 - U/ ,t'�., Mary Cava gh, Secretary CITY PLANNING COMMISSION 1 1 PLANNING COMMISSION MINUTES, January 16, 2013 — PAGE 5