HomeMy WebLinkAboutPC Minutes - 08/07/13 OF Dow MINUTES
L `tip �F� REGULAR MEETING
..', , '/ 1 DOWNEY CITY PLANNING COMMISSION
a I WEDNESDAY, AUGUST 7, 2013
�` CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
1 DOWNEY, CALIFORNIA
'gLIFOV `1V 6:30 P.M.
A Regular meeting of the Planning Commission was called to order on , August 7, 2013, at 6:33 p.m.
at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was called.
COMMISSIONERS PRESENT: Hector Lujan, District 1
Matias Flores, District 4
Jim Rodriguez, District 5
Robert Kiefer, District 2, Vice Chairman
Louis Morales, District 3, Chairman
COMMISSIONERS ABSENT: None.
OTHERS PRESENT: Yvette Abich-Garcia, City Attorney
William Davis, City Planner
Kevin Nguyen, Assistant Planner
Mary Cavanagh, Secretary
LPLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS: Commissioner Lujan stated that he took a tour of the Rives Mansion
and is pleased with the progress and found it to be impressive.
PRESENTATIONS: None.
REPORT ON CITY COUNCIL ACTION: None.
PUBLIC HEARINGS:
1. PLN-13-00137: (Planned Sign Program) Chairman Morales opened the public hearing for PLN-13-00137,
and Ms. Cavanagh affirmed proof of publication.
Assistant Planner Kevin Nguyen gave a PowerPoint presentation of his staff report: a request to approve the
size, location and appearance of the signs within the existing multi-tenant commercial shopping center, for
property located at 8818-8832 and 12623-12639 Lakewood Blvd, zoned C-2 (General Commercial). The
subject site is developed with three (3) freestanding commercial buildings which include a restaurant, a bar,
and retail uses, located on the southwest corner of Lakewood Boulevard and Imperial Highway.
The signs in the shopping center currently consist of cabinet wall signs and channel letter wall signs. If the
sign program is approved, all individual tenant wall signs will be brought into compliance with the sign
program when there is a change in tenants. The applicant is also proposing hanging signs beneath the
stucco overhang for building 1 (visible for pedestrian view only, no street view), in order to identify each
establishment. Based on the analysis contained within the staff report, and provided that all conditions of
approval are met, staff is recommending approval of the Planned Sign Program (PLN-13-00137).
LThe Commissioners asked Mr. Nguyen to clarify the location and the illumination of the hanging signs,
pointing out that the staff report does not show the signs to be illuminated; however the applicants'
specifications under H-2 reads, "Signs have to be internally illuminated".
Mr. Nguyen responded by saying that the hanging signs will be perpendicular to the building and will not be
not be illuminated; however, the applicant is present to address their questions.
Planning Commission Minutes + • Aity4.7 August 7, 2013
Chairman Morales compared the hanging signs to a standard "Exit" sign both in size and appearance.
j
Applicant, Erica Marin, representing Watchtower Investments at 8818-8832 Imperial Hwy and 12623-12639
Lakewood Blvd., Downey, appeared before the Commissioners to address their inquiries. Ms. Marin gave
clarification of the design of the hanging signs. The signs are presented as internally illuminated metal with
white and red lettering (one color, one font) on an acrylic/plastic face in a metal cabinet; the overhanging signs
are to serve as a directional for pedestrian traffic only, and signs will be replaced as new tenants come in.
Chairman Morales asked Ms. Marin if she read and understood the conditions of approval, to which she
responded, yes.
Chairman Morales closed the public hearing.
The Commissioners' Comments:
The Commissioners stated that they like the look of the Channel letters and that it is good to see signage
activity, and commended the applicant/tenant on the improvements; they are definitely headed in the
right direction.
It was moved by, Vice-Chairman Kiefer and seconded by Commissioner Flores, and passed by a 5-0 vote, to
adopt Resolution 13-2838, approving the request for a Planned Sign Program (PLN-13-00137).
2. PLN-13-00141: (Conditional Use Permit) Chairman Morales opened the public hearing for PLN-13-00141,
and Ms. Cavanagh affirmed proof of publication.
Assistant Planner Kevin Nguyen gave a PowerPoint presentation of his staff report: a request to allow the
expansion of live entertainment at an existing restaurant (Acapulco), that operates with an Alcoholic
Beverage Control Type 47 (on-sale general, eating place) license, on property zoned SP 89-1 (Stonewood
Specific Plan). In 1996, the Downey Police Department(DPD) issued a permit to allow live entertainment for
disc jockeys, dancing and karaoke, at which time the City Code did not require a Conditional Use Permit
(CUP). The applicant is requesting the use of live bands for which the City Code currently requires a CUP.
Staff worked with the DPD to address concerns and obtained a report of the calls for service; however, staff has
concerns about potential noise generated by the establishment and the impacts of that noise upon the
adjoining motel to the west. Staff was able to obtain a copy of a police report for the subsequent site. The
report indicates during the past 12 months, DPD responded to 44 calls for service; 24 of which were for
disturbance (includes noise complaints). To mitigate these impacts and to avoid future problems, staff has
recommended a condition requiring that all entry and exit doors to and from the bar area shall remain
closed during the permitted hours of operation (hours of operation will not change). Another condition
requires that customers shall not gather in Acapulco's parking lot area after closing time. In addition, the
applicant has stepped up with additional security for both inside and outside the restaurant. Based on the
information contained within this report, staff supports the request for the expansion of live entertainment in
conjunction with the operation of a Type-47 license, and recommends approval of the request for a
Conditional Use Permit (PLN-13-00141), subject to the conditions of approval.
The Commissioners' Inquiries:
1) Noise complaints: Who is making the complaint neighbors or patrons, and how is it determined that the
noise is from the Acapulco Restaurant rather than patrons from surrounding businesses?
2) Are the number of service calls to the police department considered high in comparison to the
surrounding restaurant(s)?
3) How many security guards does the restaurant have in total; are the recently added guards assigned
inside or outside the restaurant; and during what hours will they be patrolling the subject site?
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Planning Commission Minutes August 7, 2013
Mr. Nguyen responded by saying that the noise complaints are coming from both neighbors and patrons of
the restaurant(s). At the request of Mr. Nguyen, Ms. Cavanagh distributed the report he had received from
the DPD showing the total number of calls to the subject restaurant from 7/2/12 - 7/1/13. Mr. Nguyen
continued by saying that although the number of calls appeared to be slightly higher, he did not have police
reports for the surrounding restaurants readily available in order to compare them with the subject site, and
advised the Commissioners that the applicant is present to address their concerns.
Applicant, Gustavo Plascensia [sic], Regional Director of Acapulco Restaurants 69 Caring Way, Pomona,
CA, appeared to address the Commissioners' concerns. He stated that they had voluntarily increased their
security staff from 7 to 9 unarmed security guards as suggested by the DPD during the hours of 7:00 pm to
closing; two guards will be present from 7:00 pm to 9:00 pm, followed by four more at 9:00 pm. At 9:30
pm, the entire staff is on duty; noting that they were told the recommendation by DPD was to have one
security guard per 50 people, and they are averaging one guard per 25 people.
Vice Chairman Kiefer asked Mr. Plascensia, if he read, understood, and agreed to the conditions of
approval, to which he responded yes.
The Commissioners' Inquiries to the applicant:
1) How often will they have live entertainment, and what are the changes being made to the existing 1996
Police Permit for live entertainment?
2) What are their plans regarding noise control; will the noise increase with the addition of live bands vs.
disc jockeys?
LMr. Plascensia responded by saying that the business plan is to have live band music such as mariachi's
and Mexican bands on Thursdays and Sundays, which was not included in the 1996 DPD Permit. In the
last 90 days they have put in place new measures to control the noise, also addressing some of the noise
complaints that were caused by patrons leaving the premises and playing their radios/music very loudly.
The sound system was removed from the outside patios, and the doors to the establishment are now
automated to close. In addition, they are now monitoring the decibel readings every 30 minutes and
maintain a level of under 60 decibels, which is under the City Code's requirement of less than 65 decibels.
They also check the readings outside near the dividing wall that neighbors' the motel, and up to the nearest
restaurant (BJ's) and on the busiest night at the busiest hour (1:00 am) read as 58 decibels. In addition,
they have security patrolling the parking lot to ensure that their guests are not loitering and leave quickly to
reduce the outside noise level that would possibly disturb the motel patrons.
Chairman Morales called for members of the audience who appeared to speak in favor or against the
application.
Ms. De Young [sic], 7954 Sixth Street, Downey spoke against the application. Ms. De Young began by
questioning the reason for live music, complaining that the City of Downey is already being referred to as
"Bar City". She mentioned several bars, night clubs, and the hours of operation as late as 2:00 am, and
some up to 4:00 am, stating she is also very concerned with how it is affecting families. She continued by
advising the Commissioners that it is not only the noise disturbance at the restaurant, but it spills over to
the residential areas. There tends to be people loitering after the restaurants and bars have closed, with
loud engines up and down the streets, leaving trash and other garbage, including paraphernalia in the
residential streets resulting from late night drinking.
Patrick Gurrola, 9190 Gurley, 42 year Downey resident, stated that in addition to the neighboring motel,
there is an apartment complex at 9020 Cecilia St. within 300 feet of the restaurant, who he believes to be
the true victims. The music as well as the disturbances from the restaurant can be heard as far as Cecilia
and Chaney. He gave mention of an assault on the DPD that had taken place approximately 2years ago.
He believes they are attracting a rowdy element and would not like to see the restaurant expand any
further.
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Planning Commission Minutes 7 August 7, 2013
Arvin Perret [sic] Days Inn, 11102 Lakewood Blvd, stated that he is concerned that adding the live bands
would take up space that would otherwise be occupied by the patrons of the restaurant, causing an
increase of outdoor dining, thereby increasing the outside noise and disturb his patrons. He wishes them
well and is not for or against this application; however, he does not want undesirables coming to his hotel
and tries to run a nice clean establishment. He wants to know how they will decrease the noise especially
after 9:00 pm; live music no matter how low the decibels are read, it is still loud at night. He hopes that the
restaurant does well and looks out for those in the surrounding area.
Vice Chairman Kiefer asked Mr. Perret if he noticed a difference in the last few months, and if the music
stops by 1:00 am, to which he stated that it seems to be about the same but he is not able to monitor the
calls made by his patrons; most of the time the music stops at 1:30 am, but sometimes it does not. Most of
the time the music is all right, but there are those nights where it does become a disturbance to his guests.
Chairman Morales asked if there are any windows at his hotel that face the north or west side, to which Mr.
Perret stated that there are no windows that face the parking lot.
Mr. Plascensia responded by saying that the Acapulco has been in Downey for 24 years, and has been a
part of the community, and has been involved with the Downey Theatre Company, The Taste of Downey
and the Art walk. They are interested in keeping the community a friend of Acapulco's. The recent
changes that were implemented in adding security and controlling noise issues were after he visited the
DPD six months ago. He was not aware of the noise problem until he met with the police department. The
measurements taken to control the noise were voluntary and not requested by the police department.
The Commissioners' Inquires:
1) How many locations do they have currently, and which closest resembles the Downey location?
2) Is the security staff mall security, or are they employed by the restaurant?
3) The doors are currently "soft closing", would the applicant be opposed to a condition that the doors
remain closed at all times?
4) What are the intentions of the restaurant regarding promotions? Is there an interest in hiring outside
promoters?
5) Will there be a cover charge? If so, during what hours?
6) Regarding Condition #12 (acoustical report), what would trigger the requirement of this type of
report, who would choose the company, under whose supervision and expense?
Mr. Plascensia responded by saying that they currently have 7 nightclubs, 3 of which have live
entertainment in Los Angeles, Marina Pacifica and the City of San Marcos (San Diego County). The
location that closest resembles the Downey location is at 4444 Sunset Blvd., Los Angeles. The security
staff is employed by the restaurant and is in addition to the security provided by the mall which is included
in their lease. He would not be opposed to a condition be added that the doors remain closed and has
taken precautions for security measures and controlling noise to avoid disturbing the neighbors. The
restaurant currently has a cover charge from 9:00 pm to 1:30 am, which will not change. The restaurant
does not use or have intentions of using outside promoters as they have their own marketing department;
management has been instructed not to post flyers or advertisement at any of their locations.
City Planner William Davis responded to the Commissioners' inquires regarding Condition # 12 and the
requirements for an acoustic report. He began by saying that it would be implemented for example, if there
are reoccurring events, or several complaints about one particular instance. The company would be
chosen by and under the supervision of the DPD or City Staff at the expense of the restaurant.
City Attorney Yvette Abich-Garcia asked if the equipment used by the restaurant to measure the decibels
would allow for some type of print outs to see the actual reading and at the time it was taken, in place of
the photos taken of the equipment. Mr. Plascensia responded by saying that he has the newest equipment
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Planning Commission Minutes 4t44y=14 August 7, 2013
available and it does not allow for print outs, which is his reason for taking photos of the readings. He
Lcontinued by saying that the readings are taken every 30 minutes, recorded, and available for anyone to
view. There is a decibel reader at the entrance; the equipment is there for immediate use with the report in
the same area, should anyone care to check the decibel readings at any time. They use security cameras
similar to those used by banks, and ID readers. The guests are counted and searched at the door whether
they are guests of the restaurant escorted by management, or entering from the bar entrance (rear). This
was all done of their own accord, to keep their guests safe.
Chairman Morales closed the public hearing.
The Commissioners' Discussion:
Commissioner Flores stated that he took into consideration the comments of those who appeared at the
hearing, and the neighboring Days Inn hotel; however he believes that the applicant has put mechanisms
in place to address these concerns. In addition, taking into account that the business has already been
operating in Downey for 24 years, and they are putting the right systems for control in place, he is leaning
toward approving the request.
Commissioner Rodriguez agrees with the concerns brought up by the citizens in this hearing; he too does
not want to see Downey turn into a "Party Town"; however, he believes that the applicant is taking the right
measures to control of the noise issues, and likes their accountability. He approves of the conditions
proposed, including the additional conditions being proposed at this meeting for further control of keeping
out a radical element, and is leaning to approving the application.
Commissioner Lujan agrees with his fellow Commissioners and also believes the applicant is proactive with
Lsecurity measures in addressing concerns of the community and keeping everyone safe. He continued by
saying that it is unfortunate that mass media creates labels for different areas; however, this is a business
that has been in Downey for 24 years; they're being proactive and that gets his vote.
Vice Chairman Kiefer is concerned with the number of calls shown on the police report; however, he too
believes that the applicant has taken measures in addressing the issues. He is a Downey resident and as
such is concerned with number of bars and night clubs; through the years there have been other bars that
have since closed, and he does not believe that Downey has more bars than other cities of similar size and
population. The applicant is doing a good job in taking steps to control noise and security issues; however,
he would like them to come back in 6 months for review.
Ms. Garcia informed the Commissioners that they can add a condition of approval that would require them
to take the decibel readings, even though it is already being done, to ensure that it would be done.
Commissioner Flores asked that the condition to have the doors remain closed also be added.
Mr. Davis reiterated the fact that this business has operated with a DPD entertainment permit which
allowed them to perform with live entertainment all of these years; this application allows the City to gain
more control and greater scrutiny over what takes place at this location.
Chairman Morales affirmed the comments of Mr. Davis, and pointed out that this is a regional mall, not just
a local restaurant. As such, it will bring clientele from all over the county. He pointed out that this
Commission in the last 4 years has adopted changes to the Downtown Specific Plan in requiring
'- Conditional Use Permits and parameters to better control of businesses that serve alcohol. This restaurant
is a member of the Chamber of Commerce, and is a good business partner to the community.
It was moved by, Vice-Chairman Kiefer and seconded by Commissioner Flores, and passed by a 5-0 vote, to
adopt Resolution 13-2839, approving the request for a Conditional Use Permit(PLN-13-00141)with the stated
modifications to the Conditions of Approval.
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Planning Commission Minutes
(04'
7 August 7, 2013
NON-AGENDA PUBLIC COMMENTS: Ms. De Young commented on the recent article in the Downey Patriot
regarding the possible opening of a restaurant at the Rives mansion; commenting on the design having private
honeymoon suites, gambling, and private dining rooms. She believes it to be another Venue that will draw in
gambling and prostitution which is to the detriment of Downey.
CONSENT CALENDAR ITEMS:
2. Approval of the Minutes from August-7 July 17, 2013
It was moved by Vice Chairman Kiefer, seconded by Commissioner Flores, and passed by a 4-1 vote, with
Commissioner Lujan abstaining, to approve the Minutes of August...7 July 17, 2013.
OTHER BUSINESS: None.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT: There being no further business to discuss, Chairman Morales adjourned the meeting at
8:05 pm, to Wednesday, August 21, 2013, at 6:30 pm at Downey City Hall, 11111 Brookshire Ave.,
APPROVED AND ADOPTED this 21st day of August, 2013. / ,
2 , ) // ,
4Louis Moral: , Chairman
�
/City Plan • g Commission
I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning
Commission held on the 21st day of August, 2013, by the following vote:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Morales, and Kiefer
ABSENT: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
NOES: COMMISSIONERS: None.
61-0441--/-14--
Mary C vanagh, Secrets
City Planning Commission
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