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HomeMy WebLinkAbout4. PC Draft Minutes - 06-5-13DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, June 5 , 2013 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A R egular meeting of the Planning Commiss ion was called to order on June 5 , 2013, at 6: 40 p. m. at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was called. Matias Flores, District 4 COMMISSIONERS PRESENT: Jim Rodríguez, District 5 Robert Kiefer, District 2, Vice Chairman Louis Morales, District 3, Chairm an Hector Lujan, District 1 COMMISSIONERS ABSENT: None OTHERS PRESENT: Brian Saeki, Director of Community Development Yvette Abich - Garcia, City Attorney William Davis, City Plan ner 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: Director of Community Development Brian Saeki reported that City Council introduced the ordinance for the Code Amendment for Emergency Shelters/ Transitional Housing at the ir last m eeting. PUBLIC HEARINGS: 1. PLN - 1 3 - 00085 : ( Conditional Use Permit - Modification ) Chairman Morales open ed the public hearing for PLN - 1 3 - 00085. Ms. Cavanagh affirmed proof of publ ication. A request for revision “C” to a City Planner William Davis gave a PowerPoint presentation of his staff report : c onditional u se p ermit ( PLN - 11 - 00105 ) , to modify the conditions of approval for the Club DB L ounge , which operates under a n ABC T ype 48 license ( O n - S al e G eneral, P ublic P remises) and with live entertainment . The request is to occupy the adjacent tenant space at 8210 Firestone Blvd, close off the mezzanine to the public, and change the change the conditional use permit to not delete bil liards. A number of different proposals were brought to the Planning Commission which were denied for various reasons. O ne in particular was the concern of the high number of incidents as reported by the Downey Police Department; however, Mr. Davis expla ined that the proposed expansion will not result in a significant increase of floor area or patrons if the mezzanine area is closed. Therefore, the number of incidents should not increase with the proposal, and the Downey Police Department is in favor of the project . The applicant also met with Buildin g officials to devise solutions for the Building Code issues addressed during the last public hearing on April 7, 2013 regarding the fire resistance rating of the demising walls between 8206 and 8210 Firesto ne Blvd. Furthermore, the applicant is aware of parking Planning Com mission Minutes June 5 , 2013 lot issues and will make improvements to the condition of the lot. As such, staff supports this request and recommends approval. The Commissioners addressed the following concerns: 1) The time fr ame for the repair of the parking lot , and who has the authority to do the repairs . 2) Increased lighting is needed in the parking lot for public safety . 3) Confirmation that the calls for incidents to the Downey Police Department has decreased since the last he aring on April 7, 2013 . 4) What can be done if the applicant does not meet the conditions of approval . 5) Will there be a railing in the patio area to separate the patio from the public sidewalk . 6) Will the expansion create an increase in capacity, and what will t he mezzanine level be used for . Mr. Davis responded by saying that the applicant is working together with the owner to reconstruct the park ing lot for the portions in line with Club DB Lounge. City Attorney Yvette Abich - Garcia advised the Commissioners t hat a condition of approval can be put in place to say that both the owner and applicant together are responsible for repairing the parking lot, and it will be up to both parties to decide who will make the repairs. Mr. Davis f urther stated that condition s can be added to increase lighting in the parking lot. The Downey Police Department provided Mr. Davis with a current lis t of calls for incidents at Club DB Lounge that shows there were no calls for incidents to Club DB Lounge since April 3, 2013. I f co nditions of approval are not met, the c onditional u se p ermit can be revoked. There will be a railing at the front of the patio area that will separate the patio from the street. The mezzanine level will be closed off to the public and the capacity will n ot increase. Adel Bazzi, AAD Designs , Architect for Club DB Lounge 8504 Firestone Blvd, began by addressin g the issue of lighting. He stated that this was an existing cond ition was already met; t he site was visite d by Downey Police Department. H owe ver, if more lighting is needed they will see what can be done to add more lighting to the building which would be directe d toward the parking lot area ; a dding post lighting would be far too costly and require removing some of the much needed parking spaces. M r. Bazzi then drew attention to the addresses as listed in the application, pointing out that the tenants’ intention is to expand into both 8210 and 8212 Firestone Blvd, and requested the record reflect the two addresses. City Attorney Yvette Abich - Garcia confirmed the addres s correction with Mr. Davis, to which he stated the application should reflect both addresses 8210 - 8212 Firestone which together are under one parcel. Mr. Bazzi continued by saying that although the expansion is 2 , 800 square feet, the addition of the bar and the removal of public access to the mezzanine , which will be used for storage and accessed by employees only, will actually decrease the actual usage to 1 ,500 square feet. T he capacity will not change . He then confirmed that a ra iling will be in place at the front of the patio, and the reason for the patio area is to give their patrons a safe area for smoking. C u rrently, t heir smoking customers gather at the rear of the building. He also requested clarific ation as to C ondition # 9 pertain ing to the City of Downey not being liable regarding litigation . Ms. Garcia gave an explanation that although an application is approved by the Planning Commission, it can later be challenged. For example, if a party comes forth later stating th at the y disagree that the findings were met in order to approve the request, or errors in the findings, the applicant would then take the lead in defending the Planning Commissions decision to approve . - 2 - Planning Com mission Minutes June 5 , 2013 In closing, Mr. Bazzi request ed that the hours of o peration for live entertainment be revised to 1:45 am, instead of 1:30 am, also confirming that alcohol sales will continue to cease at 1:30 am. Nejdeh Avedian Charles Dunn , 800 Sixth St., Los Angeles, property management for the owner, the Clara Levy Tru st , confirmed that they are working together with the applicant, as well as additional owners toward repairing the parking lot, with the goal of repairing the entire parking lot fr om 8206 through 8228. They will also seek to resurface the portion of the lot owned by the Doctors’ office to have one uniform par king lot. He further stated that they received a notice from Code Enforcement which gave the owner 20 days to repair the lot; however, due to the financial cost and the cooperation of the additional owners and the work involved in preparing for the work involved , the goal is to complete the project by the end of the year. Commissioner Rodriguez asked if they can also pu t in light posts, to which Mr. Avedian responded that the cost is too high and th e parking lot can be lit by adding more lighting to the building that would be directed toward the parking lot. Since t here were no further questions regarding staff’s recommendation, Chairman Morales closed the public hearing. Commissioner s Discussion : The Commissioners stated most of their concerns from the previous hearing , such as the number of calls for incidents to the Downey Police Department , seemed to be improving, and the questions of usage for the mezzanine and patio area were clarified . The materials used in the facade of the front of the new tenant space should be consistent with the existing frontage of Club DB Lounge. The items list ed in the C onditions of Approval numbers 10 and 17 referring to the repair and lighting in the parking lot be clarified; however, the time frame for the tenant improvements i s not clear. Chairman Morales then r eopen e d the public hearing for PLN - 13 - 00085. Chairman Morales asked the applicant for a t ime frame r egarding the tenant improvements and the repair of the parking lot, to which Mr. Bazzi responded by saying 2 - 3 months for the tenant improvements, and the parking lot is dependant upon the landlord. He continued by also addressing the revision to the hours for the entertainment to cease at 1:45 as oppo sed to 1:30 are in Conditions 12 and 15. Chairman Morales closed the public hearing. It was moved by Commissioner Rodriguez , seconded by Vice - Chairman Kiefer , and passed by a 5 - 0 vote to adopt Resolution 13 - 2832 , ther e by approving the request for a Condi tional Use Permit Modification ( PLN - 13 - 00085 ) , subject to the Conditions of Approval as revised. NON - AGENDA PUBLIC COMMENTS: Chairman Morales opened the floor for anyone in the audience who is present for public comments. CONSENT CALENDAR ITEMS: 2. PLN - 13 - 00118 (Final Tract Map) – A request for approval of a Final Tract Map No 71957 for a 46 - unit townhome development. At the r equest of Commissioner Flores , PLN - 13 - 00118 was pulled for discussion. 3. Appr o val of the Minutes from June 5 , 2013 - 3 - Planning Com mission Minutes June 5 , 2013 It was moved b y Commissioner Rodriguez , se conded by Commissioner Flores to approve the balance of the Consent Calendar item 3, the Minute s of June 5, 2013, and passed by a 4 - 0 - 1 vote , with Vice - Chairman Kiefer abstaining, to approve the Minutes of June 5 , 2013 . Chairma n Morales asked Senior Planner David Blumenthal to giv e a summary on Consent Calendar item 2. Mr. Blumenthal began his su mmary for the recommendation to City Council for approval of the final tract map for a 46 - unit condominium complex . The process for a tract map is initially approving a tentative tract map together with the site plan and plan unit development. It is then brought before the Planning Commission to approve or deny and add a ny conditions of approval. Once staff verifies that all legal re quirements have been met, it is then brought back to the Planning Commission as per the Subdivision O rdinance , and finally to City Council for approval before being recorded . Chairman Morales then called for public comments. Ron Pixler [sic], L’Abri Pr operty Management 8141 Second St., Ste. 300, Downey, expressed his concerns regarding parking. He under stands that this project has already been approved, but stressed the area currently has parking in this area is due to all of the nearby apartments. He stated that the apartment complexes had been built in the 1960s and the average family had 1 vehicle, where currently the average is three per family. Mr. Pixler stressed to the Commission the importance of not only to possibly revise the City Code to re flect the need for more parking spaces per household, as well as the 23 guest parking spaces in the condominium project be strictly enforced as guest parking. Chairman Morales expanded on Mr. Pixlers’ comments by saying that if the complex has a strong Homeowners Association, they are more likely to enforce the regulations such as parking. At this point the project has already gone through all of the approval stages and we are now at the point of making the recommendation for City Council to approve the final map. Parking has always been a concern , and the Commission gave careful consideration of the parking is sues at the start of the project . Commissioner Rodriguez stressed his concerns regarding residents possibly using the guest parking and asked if we are able to enforce the parking in the development and/or add restrictions to the CC& R (Conditions, Covenants, and Restrictions). M s. Garcia responded by stating that the CC&R‘s are drawn by the developers ’ att orne y & will be reviewed by the City Atto rney as conditions had already been put in place during the project approval phase, and additional conditions cannot be added once it had been approved; however she will be reviewing the CC&R’s and is only able to negotiate with the attorneys and make reco mmendations including those brought up at this hearing such as putting a limit of 48 hours for guest parking. The Homeowners Association would have the right to enforce parking in the complex, not the City. Vice - Chairman Kiefer stated that w e do have aut hority on the city str eets, to which Ms. Garcia responded that the City has a limit of 72 - hour parking Chairman M orales closed the public comments . It was moved by Vice - Chairman Kiefer, and s econded by Commissioner Lujan, and passed by a 4 - 0 - 1 vote , with Commissioner Rodriguez voting no, to recommend approval of F inal T ract M ap No 71957 (PLN - 13 - 00118) to the City Council . OTHER BUSINESS: None. STAFF MEMBER COMMENTS: None. - 4 - Planning Com mission Minutes June 5 , 2013 ADJOURNMENT: There being no furt her business to discuss, Chairman Morale s adjourned the meeting at 8:35 p .m., to Wednesday, June 19 , 2013, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave., th APPROVED AND ADOPTED this 19 day of June , 201 3 . Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY th at the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 19 th day of June , 2013 , by the following vote: AYE S: COMMISSIONERS: ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: N one Mary Cavanagh, Secretary City Planning C ommission - 5 -