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HomeMy WebLinkAbout2. PC Draft Minutes- Feb 20, 2013D R A FT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, FEBRUARY 20, 2013 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. th A regular meeting of the Planning Commission was held and adjourned at 10:10 p.m., Febr uary 20 , 2013, to Wednesday, March 6th, 2013, 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. COMMISSIONERS: Hector Lujan, District 1 Matias Flores, District 4 Jim Rodriguez, District 5 Robert Kiefer, District 2, Vice Chairman L ouis Morales, District 3, Chairman OTHERS PRESENT: William Davis , City Planner David Blumenthal, Senior Planner Mary Cavanagh, Secretary COMMISSIONERS ABSENT: None PLANNING COMMISSIONER ANNOUNCEMENTS ; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/M EETING REPORTS : None PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: None PUBLIC HEARINGS: 1. PLN - 12 - 00302 : Planned Sign Program Chairman Morales opened the public hearing for PLN - 12 - 00302 for a Planned Sign Program for the West Downey Plaza . Ci ty Planner, William Davis gave a PowerPoint Presentation of his staff report, and provided the Commission with a hard copy of the newly revised plans that were submitted by the Applicant and reviewed by Mr. Davis one day before the meeting . The revision wa s based on the recommendation of Mr. Davis to show two smaller signs wit h six panels on each side , in place of the one larger sign with 18 panels ; howeve r, the Applicant is requesting eight panels on two signs. Mr. Davis recommended approval of the Planne d Sign Program with conditions of approval . He pointed out that the conditions limit the freestanding signs to six panels on each side . Commissioner Kiefer said he believes the two smaller signs f all more in line with the size of the property as there is a lot of frontage at the property. He inquired as to the numb er of tenants at the location, and whether or not the Clock Tower could be used for signs. Mr. Davis responded, there are 35 - 36 tenants and the Clock Tower would not be allowed to have sign s, but would be able to put in a clock. Commissioner Rodriguez informed the Commission that he spoke with Mr. Davis, the Applicant , visited Planning Commissi on Minutes February 20, 2013 the site , and conversed with the Applicant regarding the request for one large sign pole with 18 panels and staff r ecommending six , while giving the Applicant other options. He spoke regarding t he importance of signage for advertising such a large property with a unique layout , also mentioning the center is nearing 50% vacancy. He continued by recommending monument s tyle signs that are less cluttered and easier to be read by passing traffic, as well as his discontent with the look of the current “can signs ”, giving suggestions for different styles of signs. Commissioner Flores stressed the importance of signs for adv ertising and promoting new businesses , expressing his concern for such a large complex and the unique layout as well. He does not care for freestanding signs, but believes two signs may seem more offensive than one . Commissioner Lujan said he is satisfie d with the height as it will be a clear view for people in cars coming from both directions. Chairman Morales said maximizing signage will help in advertising the businesses , and given the property’ s size, layout, and set - back; we should give the owner an opportunity to promote this site . Christopher Han, Applicant , said that he revised his plans from one large sign to the two smaller signs once he found out that the original plans we re outside the City’s code regulations and he will accept conditions of approval . He also advised the Commission that not all tenants in sh opping centers utilize the outside signage due to the additional advertising cost involved. It was moved by Commissioner Kiefer, and seconded by Commissioner Lujan and passed by a 3 - 2 vot e with Commissioners Rodriguez and Flores voting No, to adopt Resolution 13 - 2813 approving PLN - 12 - 00302 “as is ” with six panel signs instead of the requested eight , along with the conditions of approval. 2. PLN - 12 - 0030 3: Conditional Use Permit Chairman Mo rales opened the publi c hearing for PLN - 12 - 00303 (C onditional U se P ermi t). Senior Planner, David Blumenthal gave his PowerPoint present ation of a new restaurant, Joseph’ s Bar and Grill (formerly Gran a ta’s & Tapas), proposing a new layout for adding full l ive entertainment, and a request for extended business hours of operation to be set at 10 :00 a.m. until midnight , Sunday through Wednesday, and extended hours to 2:00 a.m. on Thursday through Saturday. Mr. Blumenthal noted staff was recommending approv al o f the request, subject to the conditions of approval. Robert Roskania [sic ] and Simon Simonian, owners/ Applicant s , appeared together to address C ondition No. eight regarding cover charges. Mr. Roskania said he would like to reserve the right to charge an admission fee from 9:00 p.m . to closing, on the evenings that they would have live entertainment. Mr. Simonian explained their reason for the cover charge would be to recuperate costs incurred by providing not only live entertainment, but special pay - p er - view television events. The premise of the restaur ant is a sports bar with a high - end American Cuisine/Steak House. The cover charge would be at the entrance of the street level/patio area due to the pay - per - view events being shown on the p atio as wel l. Mr. Simonian continued by stating that they have a large r restaurant in Beverly Hills. B ased on their experience and the size of the Downey location, they do not believe the restaurant will create very long lines outside. Alberto Calatrava , Designer o f the project, explained his contemporary design and his use of glass to create a clear atmosphere to draw the people outside into the restaurant. Paul Granata, retired owner of Granata’s & Papas said Joseph’s Bar and Grill will add a true value to Downto wn Downey. Commissioner Kiefer commented that Downey is in need of higher end restaurants, and would like the business to remain as more of a restaurant rather than night club. He also stated he is in agreement with the condition having the entertainment cease one hour before closing. He believes if there is good food, - 2 - Planning Commissi on Minutes February 20, 2013 people are likely to stick around for the fun, which would be good for creating a lively atmosphere in Downtown Downey. Commissioner Rodriguez asked the Applicant if there would be a co ver charge for those dining in the patio area, and addressed questions regarding encroachment to Mr. Blumenthal. He gave his approval of the rhythm and selection of materials used by the designer, and stated his agreement with the opinions of the other Co mmissioners that Downey has been in need of a restaurant se rving a higher cuisine. Commissioner Lujan said he is in favor of the project; however, he is co ncerned with the cover charge. I t would be difficult for families to go have a late dinner, and cau se long lines of people trying to enter the restaurant. Commissioner Flores asked the Applicant what types of events would incur a cover charge. He said he has no problems with lines outside the restaurant; he approves of the hours of operation being ext ended to 2:00 a.m., and believes it would be in line with ma king Downtown Downey more of a h ub. Chairman Morales said that he was concerned with the cover charge, if it is allowed it should be after 9 :00 p.m. to avoid charging families coming for late n ight dinners. He asked the Applicant if he is opposed to no t leasing to promoters. Mr. Blumenthal responded by directing him to Condition of A pprov al No. 14 regarding promotions. Chairman Morales was also concerned with the cover charge, and how it affe cts families going to dinner. He expanded on the cover charge being a way for the Applicant to recapt ure charges he may incur: for example , charging for pay per view events . Mr. Blumenthal responded to the Commissioner’s comments regarding the cover ch arge by stating that the primary pu rpose is to remain a restaurant. T ypically , cover charges have not been allowed in Downey, giving examples such as Club DB Lounge and Mambo Grill. He continued by furthe r stating that the ABC Type 47 liquor l icense woul d require the restaurant to keep the kitchen open until 9:00 p.m.; however, the City of Downey goe s one step further by having a c ondition that the business keeps the kitchen open during the hours of operation. I n addition, entertainment must cease one ho ur prior to closing. Senior Planner Blumenthal stated, based on the testimony given, staff is recommending modification to the following conditions of approval: 6) The permitted hours of operation of the business are as follows: 10:00 a.m. until midnight , seven (7) days a week. a) 10:00 a.m. until midnight, Sunday through Wednesday; and, b) 10:00 a.m. until 2:00 a.m. the following morning, Thursday through Saturday. 7) Live entertainment shall be permitted from 7:00 p.m. until closing, seven (7) days a week. L ive entertainment shall include live bands, solo - performers, disc jockeys, karaoke, and customer dancing only. Live entertainment shall only be allowed within the building and not in the outdoor dining area or Live entertainment shall cea se one (1) hour before the specified closing time. the parking lot. It was moved by Commissioner Kiefer, and seconded by Commissioner Flores and passed by a 5 - 0 vote, to adopt Resolution 13 - 2814 approving PLN - 12 - 00303 subject to the modified conditions of approval , as rea d into the record by staff. Chairman Morales requested a list of all the approvals for the last few years for restaurants; the list is to include the hours of operation and entertainment, as well as any limitations or approvals for a cover th charge. Mr. Da vis agreed to have the list at the next scheduled meeting of March 6 , 2013. NON - AGENDA PUBLIC COMMENTS: None - 3 - Planning Commissi on Minutes February 20, 2013 CONSENT CALENDAR ITEMS: It was moved by Commissioner Kiefer and seconded by Commissioner Rodriguez, and passed by a 5 - 0 vote, to approve the M inutes of February 6, 2013. OTHER BUSINESS: City Attorney, Yvette Abich - Garcia gave a PowerPoint presentation for Planning Commissioner Training for the new commissioners and a “refresher” for our veteran commissioners. Areas covered in her presentation included : 1. Conflicts of Interest 2. Fair Decision - M aking and Due Process 3. Ralph M. Brown Act STAFF MEMBER COMMENTS: Mr. Davis informed the Commission of the Ground Breaking Ceremony for the View Project , and that the Downey Gateway should be opening soon. A DJOURNMENT: There being no further business to discuss, the Commission adjourned at 10:10 p.m., th to Wednesday, March 6 , 2013, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave., APPROVED AND ADOPTED this 6th day of March , 201 3 . Louis Morales, 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 20th day of February, 2013 , by the following vote: AYES: COM MISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None Mary Cavanagh, Secretary CITY PLANNING COMMISSION - 4 -