HomeMy WebLinkAboutPC Minutes - 02/20/13� Of Do 4, MINUTES
REGULAR MEETING
I. DOWNEY CITY PLANNING COMMISSION
z x WEDNESDAY, FEBRUARY 20, 2013
� CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
ACrFOe�1� DOWNEY, CALIFORNIA
6:30 P.M.
A regular meeting of the Planning Commission was held and adjourned at 10:10 p.m., February 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
Louis 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 /MEETING 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.
City 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 was based on the recommendation of
Mr. Davis to show two smaller signs with six panels on each side, in place of the one larger sign with 18
panels; however, the Applicant is requesting eight panels on two signs. Mr. Davis recommended
approval of the Planned 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 fall more in line with the size of the property
as there is a lot of frontage at the property. He inquired as to the number 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 signs, but would be able to put in a clock.
Commissioner Rodriguez informed the Commission that he spoke with Mr. Davis, the Applicant, visited
Planning Commission Minutes S
February 20, 2013
the site, and conversed with the Applicant regarding the request for one large sign pole with 18 panels
and staff recommending six, while giving the Applicant other options. He spoke regarding the 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 style 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 advertising 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 satisfied 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 were outside the City's code regulations and he will accept
conditions of approval. He also advised the Commission that not all tenants in shopping 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 vote
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- 00303: Conditional Use Permit
Chairman Morales opened the public hearing for PLN -12 -00303 (Conditional Use Permit).
Senior Planner, David Blumenthal gave his PowerPoint presentation of a new restaurant, Joseph's Bar
and Grill (formerly Granata's & Tapas), proposing a new layout for adding full live 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 approval of the request, subject to the conditions of approval.
Robert Roskania [sic] and Simon Simonian, owners /Applicants, appeared together to address Condition
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 - per -view television events. The premise of the restaurant 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 patio as well. Mr. Simonian
continued by stating that they have a larger restaurant in Beverly Hills. Based 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 of 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
Downtown 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,
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Planning Commission 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 cover 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 Commissioners that Downey has been in need of a restaurant serving a higher cuisine.
Commissioner Lujan said he is in favor of the project; however, he is concerned with the cover charge. It
would be difficult for families to go have a late dinner, and cause 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 extended
to 2:00 a.m., and believes it would be in line with making Downtown Downey more of a hub.
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 night dinners. He asked the Applicant if he is
opposed to not leasing to promoters. Mr. Blumenthal responded by directing him to Condition of
Approval No. 14 regarding promotions. Chairman Morales was also concerned with the cover charge,
and how it affects families going to dinner. He expanded on the cover charge being a way for the
Applicant to recapture charges he may incur: for example, charging for pay per view events.
Mr. Blumenthal responded to the Commissioner's comments regarding the cover charge by stating that
the primary purpose is to remain a restaurant. Typically, cover charges have not been allowed in
Downey, giving examples such as Club DB Lounge and Mambo Grill. He continued by further stating
that the ABC Type 47 liquor license would require the restaurant to keep the kitchen open until 9:00 p.m.;
however, the City of Downey goes one step further by having a condition that the business keeps the
kitchen open during the hours of operation. In addition, entertainment must cease one hour 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: 1 0:00 a.m. URW midRight, seven (7)
days a week-.
a) 10:00 a.m. until midnight, Sunday through Wednesday; and,
b) 1000 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. Live
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
the parking lot. Live entertainment shall cease one (1) hour before the specified closing time.
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
read 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
charge. Mr. Davis agreed to have the list at the next scheduled meeting of March 6 2013.
NON - AGENDA PUBLIC COMMENTS: None
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Planning Commission Minutes S 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 Minutes 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 - Making 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.
ADJOURNMENT: There being no further business to discuss, the Commission adjourned at 10:10 p.m.,
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, 2013.
Robert Kiefer, Vice - 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: COMMISSIONERS: Flores, Rodriguez, Kiefer and Morales
ABSENT: COMMISSIONERS: Lujan
ABSTAIN: COMMISSIONERS: None
NOES: COMMISSIONERS: None
4,� 4�4��
Mary Ca anagh, Secretary
CITY PLANNING COMMISSION
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