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HomeMy WebLinkAboutPC Minutes - 09/18/13 MINUTES .0eF°ply C* '1''./.- REGULAR MEETING DOWNEY CITY PLANNING COMMISSION '-' a 5 WEDNESDAY, SEPTEMBER 18, 2013 �� . ', �/ CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA �ltfFO`� 6:30 P.M. Chairman Morales called a Regular meeting of the Planning Commission to order on September 18, 2013, at 6:49 pm 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: Brian Saeki, Director of Community Development Yvette Abich-Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner tr Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary km PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Commissioner Rodriguez requested a discussion of requiring 3- Dimensional renderings for future developments at the next Planning Commission meeting. PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: None PUBLIC HEARINGS: Director of Community Development Brian Saeki requested that the Planning Commission consider Item No. 5, the request to continue PLN-13-00152 (Tentative Parcel Map No. 71927) first due to the high number of public hearing items. 5. PLN-13-00152 (Tentative Parcel Map No. 71927): Chairman Morales opened the public hearing for PLN-13-00152, and Ms. Cavanagh affirmed proof of publication. City Planner William Davis asked the Planning Commission to continue this item to October 2, 2013 as requested by the applicant. It was moved by Commissioner Rodriguez and seconded by Commissioner Lujan, and passed by a 5-0 g to continue PLN-13-00152 (Tentative Parcel Map No. 71927) to the October 2, 2013 meeting of the Planning Commission. 1. PLN-13-0000156: (Tentative Parcel Map) Chairman Morales opened the public hearing for PLN-13- 00156, and Ms. Cavanagh affirmed proof of publication. Planning Commission Minutes September 18. 2013 Chairman Morales and Commissioner Flores disclosed that although they were not present at the meeting they did view the Planning Commission meeting of September 4, 2013. City Attorney Yvette Abich-Garcia advised those present that because the Commissioners viewed the September 4, 2013 hearing, they would be allowed to vote on the items that had been continued to the current meeting. Assistant Planner Kevin Nguyen gave an updated PowerPoint presentation on PLN-13-00156 (Tentative Parcel Map No. 72381). Mr. Nguyen reviewed the request and stated that the lot was originally two lots with the first being 94' x 125' and the second 59.49' x 125', they were tied together in the 1940s, and the applicant is requesting to restore it back into two (equally sized) lots. At the request of the Commission, staff expanded the study area to include neighboring properties. Mr. Nguyen reported that he found several lot splits and tentative parcel map applications that were approved between 1967 and 1991: however, under today's Subdivision Map Act guidelines they are no longer allowed. The current requirement is a Tentative Parcel Map. The previously approved projects for minor subdivision that were similar to the subject request were 1) 7602 and 7622 Second St., subdividing two lots into three lots (1967); 2) 7805 and 7807 Third St. were subdivided from one lot into two lots (1980); and 3) 7824 & 7828 Fourth Place subdividing one lot into two lots (1991). As a result, staff found that the cumulative impact is not relative to this project. Staff distributed to the Commissioners additional correspondence to the Commissioners (3 emails and letters) that staff received after the staff report was distributed. Commissioner Rodriguez clarified aspects of the correspondence received from Joyce Sherwin on behalf of Helen Hoag. Commissioner Rodriguez stated that he did not suggest to Ms. Sherwin that she read the letter as she wrote in the letter; he clarified that during a phone conversation with Ms. Sherwin, she asked if she would be allowed to read the letter, to which he told her that he believed that she would be allowed to do so. In addition, he did not say or suggest that a group of residents can create or change zoning laws, but clarified that he discussed the residents' concerns with her and only advised her to contact her Council Member. Chairman Morales called for those in the audience that have new information that was not presented in the first meeting regarding this application to speak. Yadith Sepulveda [sic] 7704 Third St., Downey, spoke in opposition to the application stating several issues that she was disputing staff's report, suggesting that it was incorrect by including the 10 feet of frontage by not showing lot splits that occurred of the property are public (City owned) and should not be considered, and secondly that there were additional subdivisions that were not included in the report, specifically 7820 and 7824 Third St., and Fourth PI. and Rives/Smallwood (two new homes built). Vice Chairman Kiefer asked Ms. Sepulveda if it was subdivided or two new homes built, to which she responded both. Mr. Saeki asked Ms. Sepulveda for the addresses of the Fourth PI subdivisions; however she did not have them. He then confirmed with Ms. Sepulveda that they were approximately between 7803 and 7843 Fourth PI. James Snedden [sic] 7720 Fourth PI. Downey, spoke in opposition to the application by saying that he had been informed by three separate realtors during appraisals of his property that the property value would drop if the lot split was approved, due to overcrowding. Ricardo Villa [sic] 7656 Third St., Downey, stated that he was interested in purchasing the property "as is" and felt that the handling of the sale was not handled correctly and would like to see the property stay the way it is. - 2 - Planning Commission Minutes i ) September 18, 2013 IDr. James Forrest 7713 Third St., Downey, spoke in opposition to the application. Dr. Forrest stated that he resides next door to the subject site and believes he would be the most severely impacted by the lot split. He and his wife have resided at this property for 38 years, and is concerned that If the applicant were to build a two story home it would obstruct his view of sunrises, breezes as well as his privacy. He commented that he too was unhappy with the handling of the sale of the property and was interested in purchasing the property as well. He continued by saying that the home was previously owned by the Dreher family and was not dilapidated as described in the previous meeting. He too was told by his son in law who is a banker that the property value would plummet if the lot split is approved. He is very concerned with the number of lot splits and suggested that the new owner sell the property to a Downey resident that would restore the home, rather than create smaller lots with two story homes. Joyce Sherwin 7740 Fourth PI, Downey, stated that staff has completed their research and did find that the request to divide the lots was in fact in compliance with the City Code; however, she wanted to appeal to the Commission to consider the feelings of the current residents and how it would affect them, specifically, Ms. Helen Hoag who has resided at this property for 50 years. Ms. Sherwin gave a very rich background of the Hoag family history and stated their decision making regarding their properties being based on the affect of the quality of life for the residents of Downey. She closed by saying that change is inevitable; however, she is hoping that the changes in this case will not destroy the quality of life for those who reside in the area. Daniel Fierros 7654 Fourth Place, Downey, questioned the issue raised by the City Attorney at the previous hearing regarding the definition of same place as it pertained to the cumulative impact. He contacted the State Clearinghouse and received an email response citing Robinson vs. the City and County of San Francisco as it discussed same place language as being larger that what the City Attorney cited. In inaddition, he read from an email request and response to the City Planner regarding several subdivisions that occurred in the area and believes his response was incorrect. He stated that the email explained that the City's records showed an approved lot merger in 2009, but did not indicate when the other properties had been subdivided. Mr. Fierros stated that he researched one of the properties online and found a parcel that had one number was changed to two parcel numbers in 2011 and was clearly a subdivision and believes the City had not provided accurate information. He also mentioned a City Ordinance regarding second units, and understood it to mean that the property owner would be allowed to build 4 homes on each lot, to which Mr. Saeki clarified that the ordinance he spoke of (Second Unit Developments) was not designated to this particular area. Ms. Abich-Garcia gave direction to the Commissioners regarding her legal opinion regarding the findings and she responded to the Robinson case that was quoted by Mr. Fierros. Harold Tseklenis [sic] 7828 Eighth St., Downey, lives in the Orange Estates and would like to preserve the character of the neighborhood. He suggested two conditions be added; (1) that they must adhere to the character of the neighborhood, and (2) limit the building to remain a single story dwelling. Elizabeth Forrest 7713 Third St.. Downey opposed the application at the previous meeting and discussed being a 62 year resident, and her family history in Downey and the United States. She expressed her discontent as to the sale of the property and the possibility of a two-story home being built and affecting her privacy. Vicki Lopez 7730 Third St. Downey, stated that she appeared at the last meeting and is impressed by the I p solidarity of the neighbors and reinforced Mrs. Hoag's influence in the City and how this would directly affect her. She stated issues with the disturbances of new construction as it affected her and closed by saying that she is considering moving should this application be approved. Pat Herrin 7724 Fourth PI, Downey, also appeared at the previous hearing, and gave her reasons as to why there should be a higher CEQA review and stated that 7830 and 7832 Third St. were not included in - 3 - Planning Commission Minutes September 18, 2013 the subdivisions. Connie Patton, business address 12419 Columbia Way, Downey, disclosed that she is the spouse of Commissioner Rodriguez. She stated that the City Attorney has done a great job in addressing the findings, and asked if the definition of low density was considered, suggested a closer analysis be done in response to the additional subdivisions that were brought up in the meeting that were not included in the staff report. Chairman Morales closed the public hearing. Mr. Saeki responded by saying that a low density residential General Plan designation is defined as a single family residence. Senior Planner David Blumenthal added that under the General Plan, low density defines the Single Family Residence of up to nine units per acre, which corresponds with the R-1 5,000 and, upwards of the R-1 10,000 at four units per acre. Mr. Saeki clarified to the Commission and the members of the audience by saying that it is not an issue of the City vs. Residents. It is staff's position is to bring the facts of each case to the Planning Commission and provide them with all the research and documentation that is made available to them since the City was incorporated in the 1950s. There have been several instances where two legal lots had one single home built and over time, demolished the home and legally built two houses, one on each lot, which was the case in this area; however, it may not be the case in other areas. Regarding the suggestion of limiting the applicant to building a single story building it can not legally be denied. The application is for the subdivision and is not for building City Planner William Davis responded to Mr. Fierros's comments by explaining that the Planning Commission approved a lot merger for 7823 4th PI., which allowed the merger of two parcels into one. Staff mailed a Notice of Lot Merger to the County of Los Angeles for recordation; however, he did not have an explanation why the lot appears as two properties instead of one. Mr. Davis acknowledged that he did not respond to Mr. Fierros because he needed additional time to research this matter as well as the other properties Mr. Fierros questioned in his email. He also addressed the concerns of the audience by attempting to explain staff's role in the decision-making process. Mr. Saeki clarified that the issue of the10 foot parkway that was believed to have been included in the lot sizes is incorrect. The first 10 feet of public right of way is not on the map and the dimensions in the staff report are accurate. Mr. Saeki also apologized that the lot sizes were not included in the updated staff report as previously requested by Commissioner Rodriguez, and stated that the lot sizes in that area run from 8,800 sq ft to 12,000 sq ft. Vice Chairman Kiefer asked how many lots are 20,000 sq ft, to which Mr. Saeki stated that based on the assessors' map there are approximately a half dozen and reviewed the locations as displayed on the map. Mr. Blumenthal responded to the request for a survey requested by one of the speakers, and stated that a survey on the property was already done by a civil engineer. He continued by giving changes in the Code that will not allow large box type houses that would be to the property lines. Commissioners Discussion: Commissioner Lujan stated that the Commissioners also live in Downey and appreciated the concerns of the residents; however, they must focus on the request before them. He believed enough information was provided at the last meeting for them to make their decision, and believes that the additional information collected is sufficient enough in order to make a decision. - 4 - Planning Commission Minutes September 18, 2013 Commissioner Flores seconded the comments made by Commissioner Lujan. He thought very hard and explained that they do have to concentrate on the fact that it is a lot division, and understands that is where their power and discretion end. He is convinced that the findings have been made in this case. Vice Chairman Kiefer stated that he has resided in Downey for 40 years, and at his home in south Downey for 20 years. He lives on an 11,500 sq ft lot. He has been fortunate enough to not have his neighbors build a large house on either side of him, nor behind him; however, he does not see how he would be able to stop them from building a two-story building on their own property. He continued by saying that he would have a problem if the applicant wanted to divide the lot into four 5,000 sq ft lots in this particular area; however, this is a reasonable request for two 9,600 sq foot lots with a frontage that is nearly 77 feet long. In addition, he does not see how findings can be made to deny the applicant from building a two- story home as there are many in that neighborhood. Commissioner Rodriguez disclosed that he spoke to Joyce Sherwin, drove through the area, and received emails from Mr. Spagg. He continued by saying that there is a tremendous amount of information, and even if more were to be collected, the findings have to be met for the lot split. If the lot is divided it would be very similar to what is occurring across the street and on that block. He does not see that there is a significant impact in this case. With the current building codes and setbacks, he believes two-story homes can and have been built that actually enhance the area. Chairman Morales stated that after reviewing the video of the neighboring area, the lot size falls in line with the average size of the other lots in that area. Although this is a simple case and the findings that can be made, the decision is very difficult due to the feelings of the residents; he has compassion for them and he too lives in the area and stated that the lots in his area average 7,500 sq ft. In this case the Llots will remain large and are compatible with others in the area. He appreciates the information brought in by the residents; however, the lot size falls in line with those in the neighborhood. Commissioner Rodriguez addressed the comments made by audience members as to the historic aspect of the neighborhood; however, they have to stick to the facts in making their decision and this area has not been designated as historic. It was moved by Commissioner Lujan and seconded by Commissioner Flores, and passed by a 5-0 vote to adopt Resolution 13-2842, approving the request for a Tentative Parcel Map No. 72381 (PLN-13- 00156). City Attorney Yvette Abich-Garcia reviewed the appeal process and confirmed appeal fees. 2. PLN-13-00163 (Conditional Use Permit): Chairman Morales opened the public hearing for PLN-13- 00163, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a PowerPoint presentation on PLN-13-00163 (Conditional Use Permit), regarding a request to operate a Wingstop restaurant with alcohol sales (ABC License Type 41, On-Sale Beer & Wine- Eating Place), on property zoned C-2 (General Commercial). The tenant is reconfiguring the layout of the tenant space (previously a Togo's restaurant) by converting the floor area into the Wingstop restaurant. The restaurant will be open seven (7) days a week from 10:30 am to 12 midnight. The subject site is located at the southwest corner of Firestone Blvd and Patton Rd. Some of the surrounding uses include Petco, Ralph's Supermarket, Downey Regional Hospital, and Downey High School. The applicant hopes that incorporating beer and wine sales to accommodate their patrons will improve their business. After meeting with the Downey Police Department staff is making minor changes 1 L to the conditions of approval as follows: Conditions number 3, 13, 14, and 17 will be removed. Applicant Sheryl Brady, representative of the owner of Wingstop stated that she read the staff report and revised conditions of approval and thanked Mr. Nguyen for presenting the application. - 5 - Planning Commission Minutes ` ,, September 18, 2013 Chairman Morales asked the applicant how many other locations operate with beer and wine sales, to which Ms. Brady responded by saying that this franchise currently operates with beer and wine sales at the Burbank and San Clemente locations; there are others in the area that are not owned by this franchisee. Commissioner Flores asked if any of the others operate with beer and wine sales, to which Ms. Brady responded by saying she is not sure, but added that other locations are open until midnight. Chairman Morales closed the public hearing. Commissioners Discussion: The Commissioners stated that this was a straightforward application, and expressed their concerns with the operation including the sale of alcohol near a school; however in looking at the area, there are other restaurants that operate with alcohol sales. In conclusion, they believe it will be a good addition to the area and look forward to having the restaurant in Downey. Mr. Nguyen made one additional adjustment to the conditions of approval; that live entertainment would be eliminated. It was moved by Vice Chairman Kiefer and seconded by Commissioner Flores, and passed by a 5-0 to adopt Resolution 13-2843, approving the request for a Conditional Use Permit (PLN-13-00163) subject to the modified conditions of approval. Chairman Morales called for a brief ten minute recess at 8:53 pm, and was called to order at 9:03 pm. 3. PLN-13-00171 (Conditional Use Permit): Chairman Morales opened the public hearing for PLN-13- 00171, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a PowerPoint presentation on PLN-13-00171 (Conditional Use Permit), regarding a request by AT&T for approval of a Conditional Use Permit to allow the installation of six panel antennas and a two-foot diameter microwave dish antenna on an existing 150-foot tall Southern California Edison high tension tower, including a 228 sq ft equipment shelter at the base of the tower on property located at 10040 Imperial Hwy, zoned R-1 (single-family residential). The Commissioners asked where the shelter would be placed, and how would the antenna affect the nursery on that property. Mr. Nguyen responded by saying that the shelter will be located under the tower, and he does not believe the nursery will be affected. Applicant Jerry Ambrose, representative of AT&T said that he concurs with the conditions of approval and in regards to the nursery: they are tenants of Edison and are not involved with the decision. Vice Chairman Kiefer asked if there was any noise emitted to which Mr. Ambrose replied that the shelter has air conditioning units that emit a very minor noise, but they are located 900 ft from Imperial Hwy and do not see it being an issue. Chairman Morales closed the public hearing. Commissioners Discussion: The Commissioners stated that this is a straightforward application, and will not impact any residences with the emission of noise. - 6 - Planning Commission Minutes ;st September 18, 2013 It was moved by Commissioner Lujan and seconded by Commissioner Rodriguez, and passed by a 5-0 Pvote, to adopt Resolution 13-2844 approving the request for a Conditional Use Permit (PLN-13-00171) subject to the conditions of approval. Chairman Morales recused himself from Item No. 4 PLN-13-00184 due to his child attending Warren High School: Chairman Morales then exited the Chambers. 4. PLN-13-00184 (Special Event Permit): Vice Chairman Kiefer opened the public hearing for PLN-13- 00184, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a PowerPoint presentation on PLN-13-00184 (S Permit), regarding a request by Warren High school to conduct a three-day carnival on September 27, 28, and 29, 2013, which will include rides, game booths, entertainment, and food sales, on the parking lot of Warren High, located at 8141 De Palma St, on property zoned R-1 5,000 (Single-Family Residential). The hours of operation will be as follows: • Friday, September 27, 2013, between 5:00 p.m. and 11:00 p.m. • Saturday, September 28, 2013, between 1:00 p.m. and 11:00 p.m. • Sunday, September 29, 2013, between 1:00 p.m. and 10:00 p.m. In closing, Warren High School's parking lots (approximately 465 spaces) will be available to carnival guests and participants. Applicant Russ Heinke [sic], Warren High School Athletic Director, stated that this is the second annual carnival, and this years' event will be the same as last year. He continued by saying that the parking lot in the front will provide most of the parking, and the remaining parking at the rear of the school will be ONwell lit, with escorts and signs to guide their guests. The Commissioners asked if there were any issues at the last event with Police involvement. Mr. Heinke responded by saying there were none; they had security guards on site, and commented that it is a community-based event, and they will be using the same security as last year, who also covers there football games. Vice Chairman Kiefer closed the public hearing. The Commissioners commented that last years' event was great, and they wished them good luck. It was moved by Commissioner Rodriguez and seconded by Commissioner Lujan, and passed by a 4-1 vote, with Chairman Morales recused, to adopt Resolution 13-2845, to approve the request for a Special Event Permit (PLN-13-00184) subject to conditions of approval. Chairman Morales returned to the Council Chambers. 6. PLN-13-00147 (Site Plan Review and Conditional Use Permit) and PLN-13-00158 (Tentative Parcel Map No. 72340): Chairman Morales opened the public hearing for PLN-13-00147 and PLN-13- 00158, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a PowerPoint presentation on PLN-13-00147 (Site Plan Review and Conditional Use Permit) and PLN-13-00158 (Tentative Parcel Map No. 72340). The request is to allow for the subdivision of the subject site into two lots. The applicant is proposing to construct a 4,711 "i. square foot fast food restaurant (Chick-Fil-A), which will have a drive-thru lane and an outdoor seating area. The second building pad is for the future construction of an additional restaurant (there is no development set for the second pad at this time). The Tentative Parcel Map is to divide the 2.26 acre lot into two parcels, the Site Plan Review application allows the Planning Commission to review the site - 7 - Planning Commission Minutes '!;! September 18, 2013 layout and building architecture, and the conditional use permit will allow the drive-thru lane and an outdoor dining area. The subject site is surrounded by retail and office buildings, an optometrists' office and Downey High School. Commissioner Rodriguez made inquiries regarding the parking dimensions, to which Mr. Blumenthal responded that the parking space size is 20' x 9'. Applicant David Dorsey, Engineer for Chick-Fil-A Restaurant, began by saying that it was a pleasure working with the Planning and Engineering Departments. Mr. Dorsey stated the he read the staff report and conditions and had concerns regarding Conditions 18 and 29. He asked that Condition 18 be removed or changed, and clarification on Condition 29 to show the existing underground utilities will be maintained by Edison as they also serve the adjacent properties, and that a new pole will be constructed by Edison to connect to the existing line. Mr. Blumenthal stated that Condition 18 can be deleted because the two businesses that are being developed are Code compliant and the property will remain one lot. He then clarified the utility portion of Condition 29. Commissioner Rodriguez was concerned with the drive-thru exit being too sharp and there being limited space at the approach upon entering from Firestone Blvd. The parking lot is sufficient; however, there is a concern that if wheel stops are put in later, they will create problems. Mr. Blumenthal advised the Commissioners that the designs of the approaches are at the discretion of the Director of Public Works. Signs can be posted near the drive-thru to assist in guiding the patrons as they exit, and a condition can be added to prohibit wheel stops. Chairman Morales closed the public hearing. The Commissioners were impressed with the design and believe it will be a benefit to the City. With the revision of the conditions, they believe findings can be made in order to approve the project. Mr. Blumenthal stated that the revisions of the conditions of approval will be renumbered accordingly, and will be read into record with the original numbering. 1) Condition No 18 shall be deleted in its entirety. 2) Condition No 29 regarding utilities will be revised to say "All new onsite utilities shall be installed under grounded". 3) Conditions to be added are as follows: a. There shall be no wheel stops provided on site, b. A stop sign shall be provided at then end of the drive thru lane for Chick-Fil-A. c. The City Planner shall work with the Director of Public Works to provide a shared driveway approach on the eastern driveway and utilize radius approaches on both driveways. It was moved by Commissioner Rodriguez and seconded by Vice Chairman Kiefer, and passed by a 5-0, to adopt Resolution 13-2846, to approve the request for a Site Plan Review and Conditional Use Permit (PLN-13-00147), together with the Tentative Parcel Map No. 72340 (PLN-13-00158) subject to modified conditions of approval as read by staff. 7. PLN-13-00169 (Site Plan Review and Conditional Use Permit): Chairman Morales opened the public hearing for PLN-13-00169, and Ms. Cavanagh affirmed proof of publication. - 8 - Planning Commission Minutes ' , September 18, 2013 Senior Planner David Blumenthal gave a PowerPoint presentation on PLN-13-00169 (Conditional Use LPermit), regarding a request for a restaurant (La Barca) located at 11010 Paramount Blvd and is currently approved to operate with an ABC Type 47 (On-Sale General, Eating Place) license and live entertainment. The applicant's request is to modify the approved hours of operation, and to construct a 2,168 sq ft addition to expand the restaurant, which includes a 1,124 square foot addition on the west side of the building, which will enclose a substantial portion of the outdoor dining area. The second portion of the addition will be on the south side of the building in an area that is a pedestrian walkway. This 1,044 square foot addition will expand the existing bar area within the restaurant existing 6,656 sq ft restaurant. The Commissioners addressed concerns with the structure pertaining to the height of the windows; suggesting that they be lowered to improve the aesthetics of the restaurant in making it more inviting to pedestrians, as well as preventative measures regarding window graffiti. There is also concern regarding parking. The parking, although code compliant, seems to be fully utilized, and the addition would create the need for additional parking. Mr. Blumenthal responded by saying that there is a condition in place that the windows will have a film that prevents graffiti by allowing the film to be replaced if necessary. In addition, the applicant is present to address the location of the windows. He does not believe the parking to be an issue as the goal of the Downtown Downey is to create a livelier, pedestrian based atmosphere. He continued by saying that there have been no problems since the restaurant began operation in 2012, except for noise complaints to Code Enforcement, which may have been driven by the outdoor dining area. Applicant Jose Murguia, 601 S. Third St, Avocado Heights, addressed the Commissioners by giving a brief background of the restaurant that he developed two years ago. He stated that the restaurant has Eoperated for one and a half years and has had no problems with graffiti. The building is designed with graffiti coating on the stucco and anti graffiti film on the windows. He gave explanation of the noise issue as one of the residents three blocks away complained about the Mariachi's playing on the patio. The enclosure of the patio will avoid future complaints. The Commissioners addressed their concerns to Mr. Murguia regarding the location of the windows, parking issues, hours of operation, the bar design, the number of booths, and entrances to the restaurant. Mr. Murguia answered all of their questions and was open to redesigning the project to address their concerns. Chairman Morales closed the public hearing. The Commissioners reiterated their concerns. Chairman Morales re-opened the public hearing and asked Mr. Murguia if he would agree to continue the public hearing on project to allow him time to redesign and address their concerns. Mr. Murguia stated that he is anxious to start the project; however, he would be willing to work with staff in addressing their concerns. Chairman Morales closed the public hearing. It was moved by Commissioner Rodriguez and seconded by Vice Chairman Kiefer, and passed by a 3-2 vote with Commissioner Lujan and Commissioner Flores voting No, to continue the request for a Site Plan Review and Conditional Use Permit (PLN-13-00169) to the next Regular Planning Commission meeting, October 2, 2013. NON-AGENDA PUBLIC COMMENTS: None - 9 - Planning Commission Minutes September 18, 2013 CONSENT CALENDAR ITEMS: Commissioner Rodriguez recused himself from the vote of the Consent Calendar due to his inability to vote on Item No. 9. PLN-13-00191 stating that he is a member of the Memorial Trust Foundation of the hospital. 8. Approval of the Minutes from September 4, 2013. Mr. Saeki, reported changes of the Minutes of September 4, 2013 as follows: 1) The second paragraph of the Consent Calendar for item No. 2 for the September 4th, 2013 Minutes, the vote was corrected to: It was moved by Vice Chairman Kiefer and seconded by Commissioner Lujan, and passed by a 3-0-2 vote with Chairman Morales and Commissioner Flores abstaining, to approve the Minutes of August 21, 2013. 2) Also on page 6, the vote for PLN-13-00180 (General Plan Consistency) was added in as follows: It was moved by Commissioner Rodriquez and seconded by Commissioner Lujan and passed by a 3-0-2 vote with Chairman Morales and Commissioner Flores excused, to approve Resolution No 13-2841: finding that the purchase of the property located at the corner of Imperial Hwy and Bellflower Blvd by the City of Downey is consistent with the General Plan. 9. PLN-13-00191 (General Plan Consistency) A request to find that the purchase and sale agreement regarding the sale of 11500 Brookshire Avenue by the City of Downey to Presbyterian Intercommunity Hospital is consistent with the Downey General Plan. It was moved by Chairman Morales, and seconded by Commissioner Lujan, and passed by a 4-1 vote with Commissioner Rodriguez abstaining, to adopt Resolution 13-2847, approving PLN-13-00191 (General Plan Consistency). The Consent Calendar was approved with Chairman Morales and Commissioner Flores abstaining from Item No. 8 (Approval of the September 4, 2013 Minutes), and Commissioner Rodriguez abstaining from Item No. 9 PLN-13-00191 (General Plan Consistency). OTHER BUSINESS: None STAFF MEMBER COMMENTS: Mr. Saeki reminded everyone that the "Taste of Downey" event will be tomorrow from 5:30 pm to 9:00 pm. It has been moved to Downey Ave to include an Art show and a beer & wine garden. ADJOURNMENT: There being no further business to discuss, Chairman Morales adjourned the meeting at 10:51 pm, to Wednesday, October 2, 2013, at 6:30 pm at Downey City Hall, 11111 Brookshire Ave., - 10 - Planning Commission Minutes September 18, 2013 APPROVED AND ADOPTED this 2nd day of October, 2013. Robert Kiefer, Vice Chirman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 2nd day of October, 2013, by the following vote: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez and Kiefer ABSENT: COMMISSIONERS: Morales ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None 4, 0 , Mary Cavanagh, Secretary City Planning Commission - 11 -