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HomeMy WebLinkAbout3. PC Draft Minutes - 03-20-13DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, March 20 , 2013 t CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. th A regular meeting of the Planning Commiss ion was held and adjourned at 7 : 44 p.m., March 2 0 , 2013, to Wednesday, April 3rd , 2013, 6:30 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. COMMISSIONERS: Hector Lujan, District 1 Matias Flores, District 4 Jim Rodríguez, District 5 Robert Kiefer, District 2, Vice Chairman Louis M orales, District 3, Chairman OTHERS PRESENT: Yvette Abich - Garcia, City Attorney (arrived 6: 52 p.m.) William Davis , City Planner David Blumenthal, Senior Planner Mary Cavanagh, Secretary 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 - 00 285 : Conditional Use Permit, Lot Merger and Site Plan Review Chairman Morales opened the public hearing for PLN - 12 - 00 285 . City Planner, William Davis gave a PowerPoint presentation of the request to facilitate the construction of a three - story building addition to the Swami Narayan Temple , currently located at 12147 Lakewood Blvd . The request includes a subterra nean parki ng garage and landscaping . Mr. Davis is in support of the application with the exception of the architectural design of the new building ; he believes that it should integrate with the style and character of the temple . One of the examples given i s the sh ape of the windows, pointing out the arch - shape d style on the temple and the new structu re is shown having a rectangular windows . Commissioner Lujan believes the landscaping obstructs the view of traffic heading southbound on Lakewood Blvd. Vice Chairm an Kiefer asked if there had been any complaints regarding parking and confirmed the number of parking spaces will equal 109. C ommissioner Flores asked if the 109 spaces would be over what is needed, and Chairman Morales asked if the new building would be used for banquet faciliti es ou tside of church membership. Commissioner Rodriguez pointed out the dangers of kids playing in the underground parking area a nd suggested installing a security gate. He cited the narrow entrance/exit of the parking garage al so suggesting speed bumps . Planning Commission Minutes March 6 , 2013 Mr. Davis responded by confirming the number of parking spaces would equal 109 , which meets the C ity’s code, and that there were no complai nts regarding parking. He further stated that the banquet facility is intended for use by t he membership, not meant for public use. He then addressed the safety concerns with a suggestion of possibly adding traffic signs , and that the applicant is willing to comply with the conditions of approval and that he would be willing to work w ith sta ff in addressing all the concerns of the Commission. Applicant Masood Mian, The Design Team, is the prin cipal designer of the temple . Mr. Mian informed the Commission that he will implement the conditions of approval and work with staff ’ in addressing th e concerns of the Commission . He stated that there have been no complaints against t he members from law enforcement since the temple had been built . T he need for the new building is largely due to the growth in membership causing a lack of space for thei r religious gatherings. Vice Chairman Kiefer asked how many memb ers there are and how often the y have their service s . Commissioner Rodriguez asked how many members come to worshi p on weekdays, and if any members res ide at the temple. Commissioner Flore s asked the hour s members would come and worship on weekdays. Nayan Shooklah [sic] , Secretary to the temples’ Management Committee , residing in Cerritos, CA responded to the C ommissioner’s questions as follows: 1) T he re are approximately 200 - 235 members. 2) The services are mainly on Sundays with an evening service after 6 pm on weekdays. 3 ) Approximately 150 members attend service on Sundays a nd up to 25 on weeknights . 4 ) There are currently two (2) priests residing at the temple. He continued by statin g that the membership had outgrown the current facili ties in the temple; t he need is not only for a larger dining and kitchen area, but for additional parking and storage area s as well . There have been no complaints from neighbors and believes the new bui lding will enhance the look of the city. Raman Patel gave the commissioner’s his reasons for expanding the temple , reiterating that which was stat ed by Mr. Shooklah [sic] . Ashah Patel [sic] , Biomedical Research Analyst, has been a member since 1990 and a Committee member for the past four (4) years . He asked that the Commission grant the request for the permit. No one spoke in opposition to the request. Commissioner Rodriguez disclosed that he contacted Mr. Mian to reques t a three - dimensional drawing because it was difficult to visualize the project. He also visited the site to get a better view of the project and met Raman Patel. Commissioner Lujan believes that the project will be an aesthetic improvement to the area . Chairman Morales is in agreem ent wi th both Commissioners’ comments. H e would like to see staff work with the applicant in addressing the safety issues. Chairman Morales re - opened the public hearing in order for Vice - Chairman Kiefer to get a count of how many of the memb ers are resid ents of Downey . He counted a total of ( 7 ) seven Downey residents in the audience. Vice - Chairman Kie fer stated his agreement with staff regarding the design of the new building ; it should mat ch the design of the temple. He believes that all findings have been met for all three (3) components of the request . He also agrees with his fellow C ommissioner’s comments regarding the potential for a nice revitalization of the area. Co mmissioner Fl ores gave his support of the project, commenting that a building of this size would be a s howcase and goes along with the diversity of religiou s inst itutions in Downey. - 2 - Planning Commission Minutes March 6 , 2013 Director of Community Development, Brian Saeki, also addressed the Commission er s con cerns by stating his belief that Mr. Davis and the applicant will work together in addressing the Commission ’ s comments and concerns. He continued by saying that going forward , we can take into consideration the possibility of requesting a three - dimensional drawing for projects of this magnitude. It was then moved by Vice Chairman Kiefer and seconded by Commissioner Flores, and passed by a 5 - 0 vote to adopt Resolution 13 - 281 7 , ther e by approving PLN - 12 - 002 85 . 1. PLN - 13 - 00052: (SPECIFIC PLAN AMENDMENT) Chairman Morales opened the public hearing for PLN - 13 - 00052 a reque st to amend the Downtown Downey Specific Plan to require a Conditional Use Permit ( CUP ) for hookah/cigar lounges . Senior Planner, David Blumenthal began his report with a Power Point presentation for the request to amend the Downtown Specific Plan to requ ire any new applications for hookah or cigar lounges to have a c onditional u se p ermit . Currently, businesses are permitted “ by right ” to open a hookah/cigar lounge within the Downtown Core Area. There are two (2) existing hookah lounges located in the Do wntown area and the City is having problems with operational characteristics of both of them , including complaints of noise, misbehavior such as litter ing , vomiting in streets, as well as other items such as operating as a “night - club” . The recommendation is to amend the code in the Downtown Core Area to provide more regulation allowing discretionary rights by requiring a CUP , which would come before the Planning Commission to meet for approval. Commissioner Rodriguez asked if hookah lounges are able to s erve alcohol . Mr. Blumenthal responded that the exemption under the no smoking laws that hookah lounges fall under prohibit the sale of alcohol. Commissioner Flores asked what the current requirements are for opening a hookah lounge elsewhere in the C ity and which of the two (2) lounges are open until 4:00 am., to which Mr. Blumenthal responded that a CUP is required elsewhere in the City and the location on Firestone is open until 4:00 am. Chairman Morales asked if there were any distance provisio ns to a void having two (2) hookah lounges next to each other and thereby oversaturat ing the area and if not, can a provision be put in place , to which Mr. Blumenthal responded that staf f is not proposing a separation; they felt it could be taken on a case by case basis when the Planning Commission considers the CUP. City Attorney, Yvette Abich - Garcia, and Mr. Saeki, advised the Commission that if they are able to provide reasons for the condition to require distance requirements, such as it having an effect on ne ighboring businesses, they would be able to put such a condition in place. Dee Dee Young, 7954 Sixth St., Downey, spoke in favor of the amendment, stating her approval as there are late night disturbances n ear her home and believes that hookah lounges are an unh ealthy business to have in our C ity , drawing in youths, and goes against the C ity’s current attempt to promote good health. No one spoke in opposition to the request. It was then moved by Vice Chairman Kiefer and seconded by Commissioner Flores, a nd passed by a 5 - 0 vote, to adopt Resolution 13 - 281 8 , thereby approving PLN - 13 - 00052 . NON - AGENDA PUBLIC COMMENTS: None CONSENT CALENDAR ITEMS: 3. Approval of the Minutes from March 6, 2013 - 3 - Planning Commission Minutes March 6 , 2013 PLN - 13 - 00056 4. : (Code Amendment Initiation Request) – A request to initiate a C ode A mendment to require a Conditional Use Permit for h ookah/cigar lounges . At the request of Vi ce Chairman Kiefer, item No. four was pulled for discussion. It was then moved by Chairman Morales and seconded by Commissioner Rodriguez, and passed by a 4 - 0 vote with Commissioner Lujan abstaining, to approve the Minutes of March 6, 2013 , Item No. three of the Consent Calendar. Discussion by the Planning Commi ssion was opened for Item No. four of the Consent Calendar: PLN - 13 - 00056 (Code Amendm ent Initiation Request) – A request to initiate a Code Amendment to allow for Cottage Food businesses. Vice Chairman Kiefer said his reason for pulling th e item was to comment that the S tate is imposing a land use law on local government and would like st aff to keep as close to Downey’s current regulations as possible. It was then moved by Vice Chairman Kiefer and seconded by Commissioner Lujan, and passed by a 5 - 0 vote, to approve item No. four PLN - 13 - 00056 on the Consent Calendar. OTHER BUSINESS: Non e. STAFF MEMBER COMMENTS: Mr. Saeki gave thanks to Mr. Davis and his staff for the ir hard work and gave a brief update on the newly opened restaurants in the Downey Gateway. ADJOURNMENT: There being no furt her business to discuss, Chairman Morales adj ourned the meeting at 7: 4 4 p .m., in memory of Isaac Perez to Wednesday, April 3 , 2013, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave., APPROVED AND ADOPTED this 20 th 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 20 th day of March , 2013 , by the following vote: AYE S: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COM MISSIONERS: Mary Cavanagh, Secretary City Planning C ommission - 4 -