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HomeMy WebLinkAboutPC Minutes - 06/05/13 of Dow MINUTES l-- . �4, REGULAR MEETING DOWNEY CITY PLANNING COMMISSION a 3 i" WEDNESDAY, June 5, 2013 .`�'' i CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE t% ,Azilisis, DOWNEY, CALIFORNIA f4LIF01014 6:30 P.M. A Regular meeting of the Planning Commission 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. COMMISSIONERS PRESENT: Matias Flores, District 4 Jim Rodriguez, District 5 Robert Kiefer, District 2, Vice Chairman Louis Morales, District 3, Chairman Hector Lujan, District 1 COMMISSIONERS ABSENT: None OTHERS PRESENT: Brian Saeki, Director of Community Development Yvette Abich-Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Mary Cavanagh, Secretary L 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 their last meeting. PUBLIC HEARINGS: 1. PLN-13-00085: (Conditional Use Permit-Modification) Chairman Morales opened the public hearing for PLN-13-00085. Ms. Cavanagh affirmed proof of publication. City Planner William Davis gave a PowerPoint presentation of his staff report: A request for revision "C" to a conditional use permit (PLN-11-00105), to modify the conditions of approval for the Club DB Lounge, which operates under an ABC Type 48 license (On-Sale General, Public Premises) 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 billiards. A number of different proposals were brought to the Planning Commission which were denied for various reasons. One in particular was the concern of the high number of incidents as reported by the Downey Police Department; however, Mr. Davis explained that the proposed expansion will not result in a Lsignificant 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 Building 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 Firestone Blvd. Furthermore, the applicant is aware of parking Planning Commission 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 frame 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 hearing 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 the mezzanine level be used for. Mr. Davis responded by saying that the applicant is working together with the owner to reconstruct the parking lot for the portions in line with Club DB Lounge. City Attorney Yvette Abich-Garcia advised the Commissioners that 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 further stated that conditions can be added to increase lighting in the parking lot. The Downey Police Department provided Mr. Davis with a current list of calls for incidents at Club DB Lounge that shows there were no calls for incidents to Club DB Lounge since April 3, 2013. If conditions of approval are not met, the conditional use permit 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 not increase. Adel Bazzi, AAD Designs, Architect for Club DB Lounge 8504 Firestone Blvd, began by addressing the issue of lighting. He stated that this was an existing condition was already met; the site was visited by Downey Police Department. However, if more lighting is needed they will see what can be done to add more lighting to the building which would be directed toward the parking lot area; adding post lighting would be far too costly and require removing some of the much needed parking spaces. Mr. 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 address 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. The capacity will not change. He then confirmed that a railing 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. Currently, their smoking customers gather at the rear of the building. He also requested clarification as to Condition #9 pertaining 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 that they 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 Commission Minutes June 5, 2013 LIn closing, Mr. Bazzi requested that the hours of operation 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 Trust, 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 from 8206 through 8228. They will also seek to resurface the portion of the lot owned by the Doctors' office to have one uniform parking 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 put in light posts, to which Mr. Avedian responded that the cost is too high and the parking lot can be lit by adding more lighting to the building that would be directed toward the parking lot. Since there were no further questions regarding staffs recommendation, Chairman Morales closed the public hearing. Commissioners 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 Lspace should be consistent with the existing frontage of Club DB Lounge. The items listed in the Conditions 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 is not clear. Chairman Morales then reopened the public hearing for PLN-13-00085. Chairman Morales asked the applicant for a time frame regarding 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 opposed 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, thereby approving the request for a Conditional 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. LAt the request of Commissioner Flores, PLN-13-00118 was pulled for discussion. 3. Approval of the Minutes from June 5, 2013 - 3 - Planning Commission Minutes June 5, 2013 It was moved by Commissioner Rodriguez, seconded by Commissioner Flores to approve the balance of the Consent Calendar item 3, the Minutes 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. Chairman Morales asked Senior Planner David Blumenthal to give a summary on Consent Calendar item 2. Mr. Blumenthal began his summary 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 any conditions of approval. Once staff verifies that all legal requirements have been met, it is then brought back to the Planning Commission as per the Subdivision Ordinance, and finally to City Council for approval before being recorded. Chairman Morales then called for public comments. Ron Pixler[sic], L'Abri Property Management 8141 Second St., Ste. 300, Downey, expressed his concerns regarding parking. He understands 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 reflect 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 issues 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). Ms. Garcia responded by stating that the CC&R's are drawn by the developers' attorney&will be reviewed by the City Attorney 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 recommendations 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 we do have authority on the city streets, to which Ms. Garcia responded that the City has a limit of 72-hour parking Chairman Morales closed the public comments. It was moved by Vice-Chairman Kiefer, and seconded by Commissioner Lujan, and passed by a 4-0-1 vote, with Commissioner Rodriguez voting no, to recommend approval of Final Tract Map No 71957 (PLN-13- 00118)to the City Council. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: None. -4 - Planning Commission Minutes June 5, 2013 LADJOURNMENT: There being no further business to discuss, Chairman Morales 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., APPROVED AND ADOPTED this 19th day of June, 2013. Louis Morales, ' hairman City Planninc Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 19th day of June, 2013, by the following vote: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None /— Mary ry Cav agh, Secretary C City Planning Commission - 5 -