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HomeMy WebLinkAboutPC Minutes - 07/17/13 MINUTES c>s.oFDoq,�� REGULAR MEETING DOWNEY CITY PLANNING COMMISSION ab WEDNESDAY, July 17, 2013 d CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA qLIFORe'1P' 6:30 P.M. A Regular meeting of the Planning Commission was called to order on July 17, 2013, at 6:35 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 COMMISSIONERS ABSENT: Hector Lujan, District 1 OTHERS PRESENT: Yvette Abich-Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None L., PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN-13-00125: (Site Plan and Conditional Use Permit) Chairman Morales opened the public hearing for PLN-13-00125, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a PowerPoint presentation of his staff report: a request to allow the re- establishment of a restaurant located at 8649 Firestone Blvd. (previously Sambi's Restaurant)with an ABC Type 47 (On-Sale General, Eating Place) license, façade modifications and add outdoor eating areas. The Conditional Use Permit(CUP) is to allow the sale of alcohol and the outdoor eating area, while the Site Plan Review is to allow the façade modifications. Based on the analysis contained within the staff report, and provided that all conditions of approval are met, staff is recommending approval of the Site Plan and Conditional Use Permit. The Commissioners inquired as follows: 1) What would the maximum capacity be? 2) Is there sufficient parking? 3) Can the Planning Commission require the doors of the banquet room remain closed to reduce the noise? 4) What is the current lighting in the parking lot? 5) Will there be live entertainment? 6) Does the banquet room require a conditional use permit (CUP)? LMr. Blumenthal responded by saying that the capacity would be determined by the Fire Department once the modifications were complete. The parking lot meets the City's Code requirements as far as spaces, however, the lighting in the parking lot is inadequate and has been addressed in Condition# 19 which includes the spill over of light to the residential neighbors and may also be modified to require submittal of an illumination plan. Condition#7 states no live entertainment and can be modified to require the banquet doors be closed at all times. The banquet room in this instance would not require a CUP as it would be an ancillary use of the Planning Commission Minutes July 17, 2013 restaurant(the restaurant would remain open while the banquet room is in use). Applicant, Javier Garcia, stated that he is the owner of the property located at 8649 Firestone Blvd, along with five (5) La Barca restaurants located in El Monte, Pico Rivera, Huntington Park, Bell, and South Gate. The restaurants are family owned and operated, and their goal is to run successful, clean, family oriented restaurants that will also create jobs and a nice, safe atmosphere for their employees, as well as their patrons. They have never received complaints from the neighbors or City officials for their other locations, and will do whatever is necessary to make this a safe place for everyone. Chairman Morales asked Mr. Garcia if he read and understood the conditions of approval, to which Mr. Garcia responded yes. The Commissioners asked Mr. Garcia the following: 1) What are the hours of operation for this location and are they the same at the other locations? 2) Will there be music provided for the banquet room and do the other locations also have large banquet rooms? 3) Do the other locations have live entertainment and a similar bar area? 4) What is the plan for the lighting in the back area? 5) Do the other restaurants have any other type of security? 6) What is the anticipated opening date? Mr. Garcia responded that all of their restaurants are open for breakfast lunch and dinner. The other locations are open from 7:00 am to 12:00 am; however, the Downey location will be open from 7:00 am to 2:00 am in order to keep patrons who enjoy late night dining in Downey, rather than dining in surrounding cities. The music provided for the restaurant, including the banquet room will be background music only. The El Monte location is similar in size to the Downey location. It once had banquet facilities, but no longer. The Bell location is similar to the proposed Downey location, and the South Gate and Bell locations are the only restaurants that have bars, but they are not as large as the proposed bar for Downey. The only music provided in all of the locations is background music, no live entertainment etc. The plan for lighting is to do whatever is necessary to make the area safe for employees as well as patrons. They hope to open by December 1st, 2013. Chairman Morales called for those speaking against the application. Mukeshkumar Patel, 11019 Marbel Ave., Downey, stated his concerns with the parking lot being dark. In the past, when Sambi's was in operation, people would congregate in the rear of the parking lot where it is darkest and faces the rear of his property, especially after 11:00 pm. The police would have to be called. He further stated that there is only one entrance/exit on Firestone Blvd, and if trouble were to occur, there is a danger that they may scale the wall to his property to escape. He would like to see some type of security measure with a live guard patrolling the area from 10:00 pm to 2:00 am, as well as increased lighting in the parking lot, for the safety of his home and neighborhood. Chairman Morales pointed out Condition #31 requires that there be uniformed security patrolling the area with the number of security guards being determined by the Chief of Police. The Commissioners will address the hours of patrol during deliberation and address his concerns regarding the hours. Vice Chairman Kiefer asked if he had any problems since Sambi's closed, to which Mr. Patel responded that he had not. Since the restaurant closed, Downey Police Department has been patrolling the area regularly, thus preventing people from gathering there. Connie Patton, 10456 Stamps Rd., Downey, stated that she is not against the application, but wanted to stress her concerns with the parking lot. She recalled her visits to Sambi's in the past, stating that it was very dark and kids would gather in the far back corner of the lot. Ms. Patton further stated that currently - 2 - Planning Commission Minutes ue, July 17, 2013 there are two small light poles and it is still pitch black. She asked who would determine what the Lsufficient lighting would be, when would it be determined, and would staff catch it during plan check. Director of Community Brian Saeki responded by saying that it would be addressed during the plan check submittal process; it is within the Planning Commission's right to impose additional conditions requiring that perhaps an illumination plan be in place for Public Works or staff to review and address the concerns mentioned, prior to any permits being approved. Mr. Garcia addressed some negative comments posted on Yelp regarding La Barca restaurants in Los Angeles, stating that his restaurants are not related to or associated with the chain of La Barca restaurants mentioned in Yelp. Commissioner Rodriguez asked if Mr. Garcia would have issues with providing a security guard during the hours of 10:00 pm to 2:30 am, to which Mr. Garcia stated that it would be more costly and would like to analyze the need; however, he is willing to do whatever is necessary to provide a good image to the neighborhood. Chairman Morales added that the security would only be required during the evening hours that would pose the most potential for people hanging out in the far rear corner of the parking lot. It is a deep lot and difficult to see that far corner of the lot from the entrance on Firestone. Mr. Garcia stated that it is his belief that they can work together with staff to address their concerns. Chairman Morales closed the public hearing. LCommissioner Rodriguez disclosed that he visited the site and spoke to each of the six neighbors in the area to address their concerns, some of which were lighting and noise, with one neighbor nearest to Firestone Blvd concerned with trash. He further stated that the concern with the trash will be addressed by having a roof over the trash receptacle area; however, he would like the conditions to be very specific with lighting and be very detailed to require that there be post lighting in the center of the parking lot and that the lot be very well illuminated. A security guard should be required to patrol the area from 10:00 pm to one-half hour after closing. Lastly, he would like to add a condition that the banquet doors are required to remain closed during any events in order to prevent noise disturbances. Commissioner Flores stated that he likes the project and the option of late night dining and is pleased with the focus of the outside seating area facing Firestone Blvd. Although he agrees with the need to illuminate the parking lot, he does not see a need for a security guard at this time, nor does he believe the doors should be required to be closed; however, he will go along with his fellow commissioners if they believe it to be necessary. Vice Chairman Kiefer commented that the project is an aesthetic improvement; however, he too is concerned with lighting, confirming that there is a definite need for concrete conditions regarding lighting, including the need for a security guard patrolling the parking lot. Chairman Morales stated that it is a great design and commented that they are maximizing the space; the bar is a great attribute to the restaurant, and having the two patio dining areas showing activity is an open invitation for people to patronize the business. Noise is already addressed in the conditions of approval; however, a condition that the doors be closed can be added as well the condition addressing the lighting. LCondition # 31 addresses security, and can be revised to add specific hours for security to patrol the area. Mr. Saeki added that Condition # 15 can add a sentence to close the rear/side door during hours of operation, and Condition # 19 can have an added requirement to submit a lighting plan that must be approved by staff before issuing building permits. - 3 - Planning Commission Minutes + ; July 17, 2013 Chairman Morales re-opened the public hearing and called Mr. Garcia forward, asking if he understood and agreed to the modifications to the conditions of approval to read as follows: Condition# 15: Noise generated from the business shall comply with Municipal Code Section 4600 et. seq. In any case, noise shall not exceed 65 dBA, as measured at the property line. The east and north doors shall be closed during the hours of operation of the restaurant. Condition # 19: A lighting plan providing sufficient lighting in the parking area shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. All lights on the property shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and the public right-of-way. Condition # 31: The applicant shall provide at least one exterior licensed and bonded, uniformed patrolmen or security guard from 10:00 p.m. to one half(1,4) hour after closing of the restaurant, seven (7) days a week. The Chief of Police may increase the number of licensed and bonded, uniformed patrolmen or security guard, as he or she deems necessary. Mr. Garcia stated that he did agree. Chairman Morales closed the public hearing. It was moved by, Vice-Chairman Kiefer and seconded by Commissioner Flores, and passed by a 4-0-1 vote with Commissioner Lujan excused, to adopt Resolution 13-2837, approving the request for a Site Plan Review and Conditional Use Permit(PLN-13-00125) with the stated modifications to the Conditions number 15, 19, and 31. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 2. Approval of the Minutes from July 3, 2013 It was moved by Commissioner Rodriguez, seconded by Vice-Chairman Kiefer, and passed by a 3-1-1 vote, with Commissioner Flores abstaining and Commissioner Lujan excused, to approve the Minutes of July 3rd, 2013. OTHER BUSINESS: Discussion of multi-family residential parking requirements. Mr. Blumenthal presented his staff report and stated that our current parking requirements are consistent with surrounding cities; at this time the thoughts and concerns of the Planning Commission can be addressed to initiate a code amendment. Commissioners' Discussion: Vice-Chairman Kiefer stated that he is concerned in areas where there are large complexes causing parking issues; today's families have more vehicles than in the past and multifamily requirements need to be changed. Commissioner Flores affirmed Vice-Chairman Kiefer's comments. Commissioner Rodriguez stated that he would like the requirements to be based on square footage rather than the number of units, to which Mr. Blumenthal responded that that is our current practice. He continued by saying that in 2006 the requirements were based on bedroom count which was problematic in that the developers would rename some of the bedrooms as office space, thereby reducing the number of bedrooms; therefore, he prefers that it remain based on square footage or a straight number. -4 - s Planning Commission Minutes 0 July 17, 2013 toCommissioner Rodriguez stated that he is also concerned with homes having a short driveway that would have the car actually blocking a portion of the public sidewalk. Vice Chairman Kiefer commented that multifamily residents usually do not have driveways and asked Mr. Blumenthal if he has any numbers in mind as far as square footage. Mr. Blumenthal explained that he did not have any numbers in mind; however, a survey would be done of surrounding cities (typically 30) of similar size and population within the LA and Orange County regions. If another city with multifamily parking requirements based on square footage cannot be found, staff will contact colleagues and try to come up with some type of number/solution. Vice Chairman Kiefer commented that most other cities have inadequate parking, and would also like to give the developers options as far as their parking options such as open and covered parking. Chairman Morales stressed the difficulty in coming up with a balance as far as condominium complexes; the development standards have to be reviewed very carefully as it may kill projects. It is a very fine line in projecting how to determine the parking requirements. Mr. Saeki added that apartments should be set to the same standards as the Condominium complexes as they could be as large as 3,000 sq. ft. thus requiring more parking. Commissioner Rodriguez stated that the issue of covered/open/enclosed parking should be reviewed. Chairman Morales stated that the current parking requirements dictate the design and make it difficult to develop. Mr. Saeki stated that the housing development"the View" is a six-story apartment complex and will have underground parking; however, it is not cost effective for smaller buildings to have underground parking. At this point we have heard a lot of the Commissioners concerns; we don't have all of the information tonight, what we can do is go back and take a closer look at the issues that were brought up and come up with a more comprehensive report. It was moved by, Vice-Chairman Kiefer and seconded by Commissioner Flores, and passed by a 4-0-1 vote, with Commissioner Lujan excused, to initiate a code amendment to change the parking restrictions for multifamily parking requirements. STAFF MEMBER COMMENTS: None. ADJOURNMENT: There being no further business to discuss, Chairman Morales adjourned the meeting at 8:05 p.m., to Wednesday, August 7, 2013, at 6:30 p.m. at Downey Ci Hall, 11111 Brookshire Ave., APPROVED AND ADOPTED this 7th day of August, 2013. / / Lo is orales, hair an Ci Planning om ission I HEREBY CERTIFY that the foregoing Minutes were duly, iproved at a `egular meeting of the Planning Commission held on the 7th day of August, 2013, by the following vote: AYES: COMMISSIONERS: Rodriguez, Flores, Morales and Kiefer ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Lujan NOES: COMMISSIONERS: None JtAl'a4 Mary C vanagh, Secret City Planning Commission - 5 -