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HomeMy WebLinkAbout4. PC Draft Minutes - 11-06-13DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, NOVEMBER 6, 2013 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Morales called a Regular meeting of the Planning Commission to order on November 6, 2013, at 6:40 pm, at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was called. COMMISSIONERS PRESENT: Matias Flores, District 4 Jim Rodríguez, District 5 Robert Kiefer, District 2, Vice Chairman Louis Morales, District 3, Chairman COMMISSIONERS ABSENT: Hector Lujan, District 1 OTHERS PRESENT: Brian Saeki, Director of Community Development Yvette Abich-Garcia, City Attorney William Davis, City Planner David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: None PUBLIC HEARINGS: 1. PLN-13-00174 (Conditional Use Permit): Chairman Morales opened the public hearing for PLN-13- 00174, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen began his PowerPoint presentation of a request by the Palms Steak and Seafood Restaurant located at 8060 Florence Ave, zoned CP (Professional Office), which operates with an Alcoholic Beverage Control (ABC) Type 47 license, to add live entertainment activities. Mr. Nguyen stated that he is concerned with the noise and increased traffic that may affect the apartments to the east of the subject site. Mr. Nguyen advised the Commissioners that he had two received letters from the public in opposition to the request, which he included in the staff report, and three additional at the beginning of the meeting, which were distributed to the Commissioners. Mr. Nguyen mentioned that he added another condition that requires the applicant to return in six months for a review by the Planning Commission. Based on the analysis contained in the staff report, staff is recommending approval of the request, subject to conditions of approval. The Commissioners reviewed the letters distributed by staff, and discussed the following with Mr. Nguyen and staff: 1) Zoning, 2) Parcels abutting the subject site, 3) Parking, 4) Entrances and exits, 5) Security, 6) Potential impact to the neighbors, 7) The hours of operation, 8) Live entertainment. Planning Commission Minutes November 6, 2013 Sergeant Dan Samano, Downey Police Department, advised the Commissioners that there have been 19 calls made in reference to the subject site, most of which were noise complaints. He continued by saying that there have also been complaints of fights, breaking glass, and urinating in the parking lot located directly behind the building. The noise complaints are referencing people exiting and entering the building or parking lot, and loitering in the back of the building. Applicant/owner Joel Florian Jr. [sic], stated that the music from the restaurant cannot be heard in the parking lot. There is a “Party Bus” almost every night from a neighboring business that shares the same lot. Mr. Florian stated that the bus picks up their guests in the parking lot of his restaurant during the evening hours to take them to nightclubs in other cities. It returns approximately 2:30 am, dropping off their guests in the parking lot. The people return intoxicated and tend to loiter in the parking lot making noise and causing disturbances. Mr. Florian believes most of the disturbances are patrons of the “Party Bus” service, not from the guests of his restaurant. He has two security guards on duty (8:00 pm to approximately 3:00 am), one placed inside the restaurant, and the other is outside. They have a strict dress code and check for weapons at the door. In the past there were problems with vandalism to the cars in the lot; however, there has been improvement in that regard since he brought in security to patrol the parking lot. Mr. Florian met with the Downey Police Chief to discuss the number of calls. They determined that there were no calls from the restaurant. There were a lot of calls for vandalism on Western Ave, not far from his restaurant. The Commissioners asked Sgt. Samano for clarification regarding calls that may have occurred from the guests of a neighboring business that share the same parking lot with the applicant. Sgt. Samano responded by saying that the call or report would be shown as the address associated with the parking lot. The Commissioners asked Mr. Florian how often these party buses meet in the restaurant parking lot and where do they park; are any parked in front of the restaurant? Mr. Florian responded by saying that he has seen the buses parked in the parking lot Monday, Tuesday, Wednesday and Friday. The bus picks the people up around 10:00 pm and returns as late as 3:00 am. The buses parking in the front of the restaurant are smaller buses for the bands hired by the restaurant, and on the nights they do not have a band, the employees of the restaurant park in front of the building so that their patrons will park in the parking lot to enter at the rear of the building as they lock the doors of the front of the building at 6:00 pm. The Commissioners asked staff if they were aware of a Party Bus business operating in that area. Mr. Nguyen stated that staff is not aware of this business. Sgt. Samano added that the Downey Police Department is aware of the buses being at that location, but there is no knowledge of them operating a business there. Phillip Trujillo, 12016 Western Ave, Downey, stated that commotion is a daily problem from 2:30 am to 3:30 am from people exiting the building, not from inside the restaurant. It comes from the parking lot of the restaurant, not from the vacant lot which is behind the restaurant parking lot. The bands of the restaurant practice during their breaks outside making noise from 11:00 pm to 3:00 am. In addition, there were repairs using an electric saw being done as late as 2:00 am coming from the restaurant. Kevin Wilkinson, owner of the five-unit complex at 10216 Western Ave, stated that the website “Yelp” has been advertising the restaurant as having live entertainment since 2011, not only the past few months. He stated that the residents are affected by the noise from the restaurant during daylight hours as well, and thanked the Commission and staff for looking into the problem carefully. Betty Katanjian, owner of 8102 Florence Ave, Downey, stated that the she has tenants residing in this home which is located across from the restaurant and doesn’t think a night club is good for the residents in the area. - 2 - Planning Commission Minutes November 6, 2013 Evelyn Wilkinson 10216 Western Ave, Downey, stated that she cleans up around the building and has had to pick up trash that is left in front of her property that is not appropriate for children living there to see, such as prophylactics, and bottles. She has seen the street sweeper have to stop and get out of his vehicle to pick up bottles left in the street. Mrs. Wilkinson continued by saying that although she has seen improvements to the 8060 Florence building, it is not good for the residents to be awakened during the night by loud music coming from that location; approving this request would attract more violence, crime, and youths drinking. Vice Chairman Kiefer asked Mrs. Wilkinson if her tenants have mentioned any buses and if the noise is coming from the bus or the restaurant. She responded by saying that they have had complaints about buses and has also observed them coming and going; however she is not sure which one is causing the noise. She continued by saying that she has seen patrons of the restaurants urinating in public. Mr. Florian responded to the comments by saying that he understands their concerns; however, no one can tie it to the restaurants or the buses. He continued by saying that the type of trash described earlier that is left in the streets occurs everywhere; however, he would be willing to have someone clean the streets. There has been improvement since he brought in security and not all of the calls of complaints are from his customers. Steven Gomez, 9214 Garish Dr, stated that he is a patron of the restaurant and he has never seen a problem at the restaurant; however, he is familiar with the Party Bus and stated that it is promoted on Instagram. He stated that the bus picks up people approximately 10:00-10:30 pm and returns approximately 2:30 am. He said that he believes the noise and the people loitering in the parking lot are from the buses; the people return drunk and loiter while they are sobering up and sometimes listen to music in their cars. Chairman Morales called for a brief recess at 8:00 pm and reconvened at 8:16 pm. Director of Community Development Brian Saeki read the excerpt from the June 25, 2013 City Council Meeting as follows: Community Development Director Saeki stated it was building to building starting from the front or rear entrance, wherever the noise would be generated from. If the building included public access from both the front and rear the 100 foot requirement would be from both locations. Currently there are about 10 properties within the C-P zone that would be allowed to have live entertainment; Palms Restaurant is included in the 10. He stated CUP’s are granted case-by- case and if there were extenuating circumstances the permit would include specific conditions. Commissioner Flores stated that he would like to see if conditions could be modified to close or stop the live entertainment from Monday thru Thursday, and believes further investigation is needed to determine if the other business that has been operating at the subject site is causing the disruptions. Commissioner Rodriguez discussed how this location has evolved from its original intent in 1964 to be professional office, and how it had progressed to adding a restaurant, and has now grown into a nightclub, which currently is far from its original intent. He disclosed that he visited the subject site with his wife for dinner on Friday November 1st, from 10:00 pm to Midnite. He was impressed with the security and spoke to him about the crowds. The security guard advised him that the crowds are older on Friday nights, but there are younger, rowdy crowds on Saturday and Sunday; therefore he visited the restaurant again on Sunday from 1:00 am to 1:30 am. Commissioner Rodriguez found it was rowdier and a lot going on in the street and the back parking lots. He did not see security roaming in the street, and believes that the parking lots are in need of lighting. Music was not an issue as the hallway from the restaurant to the office building entrance/exits buffers the sound. He also suggested that the applicant begin a neighbor friendly policy to clean up the area. - 3 - Planning Commission Minutes November 6, 2013 Vice Chairman Kiefer stated that businesses need a chance to thrive; however, the number one concern is for the impact to the residents. He is not convinced that all of the problems at the subject site are resulting from the restaurant. He is in agreement with the suggestion of more restrictions regarding the hours of operation; however, he would prefer to continue the item to allow staff to investigate the party bus business that was disclosed at this hearing. Chairman Morales thanked the public for attending the meeting and for bringing the party bus business to their attention. He believes that there can be more restrictions regarding the hours for live entertainment and place conditions for increased security requiring the approval of the Downey Police Department. The Commissioners discussed the issues brought before them, and decided to continue the public hearing on this item to November 20, 2013, to allow staff time to further investigate the issues and new evidence brought up at this hearing. Chairman Morales left the public hearing open. It was moved by Vice Chairman Kiefer and seconded by Commissioner Rodriguez, and passed by a 4-0- 1 vote, with Commissioner Lujan absent, to continue PLN-13-00174 (Conditional Use Permit) to the November 20, 2013, Regular meeting of the Planning Commission. 2. PLN-13-0000202 (Conditional Use Permit): Chairman Morales opened the public hearing for PLN- 13-00202, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen began his PowerPoint presentation of the request to allow a used retail/consignment store, Mr. Luxury, to operate at 11426 Old River School Rd., zoned C-2 (General Commercial). Mr. Nguyen stated that the store will be buying and selling designer clothes and accessories and the consignment items will be sold at 50/50 (50% of the sale price will go the private party seller and 50% to the store). The hours of operation will be from 10:00 am to 6:00 pm Monday thru Tuesday, Wednesday thru Saturday from 10:00 am to 8:00 pm, and closed on Sunday. Mr. Nguyen is recommends approval of the application subject to conditions of approval. The Commissioners asked Mr. Nguyen if there are conditions regarding signage, and how would the applicant be prevented from operating as a pawn shop. Mr. Nguyen responded by saying that there is a sign program in place that would dictate the signage. There is a condition that requires the applicant to obtain a second hand dealers license from the State, which will specify the restrictions of the items being sold; a Pawn Shop would be a separate State issued license. Christopher St. Prado [sic] spoke on behalf of applicant Roberto Arredondo, he stated that he read and agrees to the conditions of approval. He is in the process of obtaining a secondhand dealer license from the State of California, which will not allow him to sell electronics, appliances, gold, or any precious metals. He is working with Corporal Doyle of the Downey Police Department, who is working with the Department of Justice, to obtain a police permit to allow him to sell the used items. Owner Duayne Alstrom, Tucson, AZ, stated that he is in favor of the request, and believes this store will make a good mix of tenants. Chairman Morales closed the public hearing. It was moved by Commissioner Rodriguez and seconded by Commissioner Flores, and passed by a 4-0- 1 vote, with Commissioner Lujan absent, to adopt Resolution 13-2857, approving the request for a Conditional Use Permit (PLN-13-00202), subject to the conditions of approval. 3. PLN-13-00192 (Conditional Use Permit): Chairman Morales opened the public hearing for PLN-13- 00192, and Ms. Cavanagh affirmed proof of publication. - 4 - Planning Commission Minutes November 6, 2013 Senior Planner David Blumenthal gave a brief PowerPoint presentation regarding a request to operate a used automobile sales lot at 9844 Paramount Blvd, zoned C-2 (General Commercial). Mr. Blumenthal stated that the front building will be used for office space and the back building will garage the cars being prepared for sale. There will be a display area for the cars to the rear of the building; however most of the sales are internet sales. The hours of operation will be Monday thru Friday from 9:00 am to 5:00 pm. Conditions are in place regarding required improvements on the site. Based on the analysis contained in the staff report, staff is recommending approval subject to conditions of approval. The applicant was not present to respond to inquiries of the Commission. Sylvia Steele together with Michael Steele spoke in opposition of the request. Ms. Steele stated that she is the owner of the property to the north of the subject site and stated her concerns with the palm trees that divide the property and the new landscaping that could possibly cause further damage. Ms. Steele presented pictures of the property which were distributed to the Commissioners for their review. She stated that she is not in opposition of the request, but only wished to express her concerns with the landscaping. Mr. Blumenthal stated that the intent of the proposed trees along the property was to serve as a barrier; the planter area can be left open, or have low shrubbery, or some other type of barrier between the properties. Ms. Steele responded by saying that her insurance company advised her that if the landscaping is too close to the building it would be considered a fire hazard and her premium would be increased. Chairman Morales closed the public hearing. Due to the absence of the applicant, the Commissioners were not able to render a decision; therefore it was decided to continue the public hearing on this item to November 20, 2013. It was moved by Vice Chairman Kiefer and seconded by Commissioner Flores, and passed by a 4-0-1 vote, with Commissioner Lujan absent, to continue PLN-13-00192 (Conditional Use Permit) to the November 20, 2013, Regular meeting of the Planning Commission. 4. PLN-13-0000196 (Conditional Use Permit): Chairman Morales opened the public hearing for PLN- 13-00196, and Ms. Cavanagh affirmed proof of publication. City Planner William Davis gave a brief PowerPoint presentation of a request to operate a dance studio at 7320 Firestone Blvd, zoned C-2 (General Commercial). Mr. Davis stated that the applicant is proposing to have five sessions a day and 30 sessions per week for adults and children, with various dance instruction. The dance studio hours of operation will occur from 8:00 am to 11:00 am and later in the day from 5:00 pm to 10:00 pm Monday through Friday and on Saturdays from 11:00 am to 4:00 pm. The property is surrounded by General Commercial, and residential apartments to the south of the building. Mr. Davis stated that he is concerned with the noise that would be generated from the music during the classes. He stated that he took informal sound readings which ranged from 62-65 decibels, between Building A and Building B (mostly in the corridor). The sound levels to the rear of the property line adjacent to Arnett St. measured at 55 decibels. In addition, he inspected the subject site and oberserved that there are no door or window openings on the side or rear elevations. The walls of the tenant space are solid and will minimize the noise impact; however, the sound could escape through the corridor walls to the parking lot or residential neighbors to the rear of the building. Therefore, staff has placed conditions to address the potential noise impact. In addition, the applicant called Mr. Davis today and said that he personally spoke to the neighbors and brought letters from neighbors in favor of the application. Based on the analysis contained in the staff report, staff is recommending approval subject to conditions of approval. Applicant Tomas Olivera, 9613 Samoline Ave, stated that he read, understood and agrees to the conditions of approval. He said that suite directly below his suite is vacant; therefore, he spoke to the neighbors next - 5 - Planning Commission Minutes November 6, 2013 to his suite and directly below them. He stated that his dance studio will have a variety of dance styles, such as jazz, tap, ballet, salsa, cumbia, zumba and more. He anticipates classes to have 10-25 students per session, and added that most of the businesses that surround his suite close between 5:30 – 6:00 pm. The Commissioners asked Mr. Olivera if this is his first studio, how many instructors will he have and the types of classes he will teach. Mr. Olivera responded by saying that this is his first business; he has been formally trained from the age of 12, and has bee a dance instructor for 10 years and has taught classes in the City of Downey during that time. Most of the adult classes are Latin styles, and the kids are more along, tap, jazz and ballet. He stated that his research for soundproofing was over $16,000 and to expensive. The Commissioners discussed the soundproofing with staff and Mr. Davis suggested that condition No. 9 be modified to say: Within 90 days of the approval of PLN-12-00181, the applicant shall provide sound barrier walls along any interior walls of this tenant space (Suite 214). Richard Kil [sic] owner of the subject site stated that he was concerned with having a dance studio at first; however, after speaking with Mr. Olivera, most of the classes will be after most of the business close. In addition, he has conditions in the lease agreement to address any issues regarding the noise impact to the neighbors. 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 absent, to adopt Resolution 13-2858, approving the request for a Conditional Use Permit (PLN-13-00196) subject to modified conditions of approval. NON-AGENDA PUBLIC COMMENTS: Duayne Alstrom apologized to the Commissioners for not being truthful at the 10/16/13 Public Hearing, by not informing the staff that his tenants had been operating the zumba classes in another suite on the same subject parcel. In addition, he stated that he will be submitting the sign program within a week. CONSENT CALENDAR ITEMS: 5. Approval of the Minutes from October 2, 2013 It was moved by Commissioner Rodriguez and seconded by Commissioner Flores, and passed by a 4-0- 1 vote, with Commissioner Lujan absent, to approve the Consent Calendar. OTHER BUSINESS: None STAFF MEMBER COMMENTS: City Attorney Yvette Abich-Garcia advised the Commissioners that she is conducting an ethics training class on November 19, 2013 that will meet the Commissioners’ ethics training requirement. The class is also available online. Director of Community Development Brian Saeki invited everyone to attend the Ground Breaking Ceremony of the Promenade on November 14, 2013 at 2:00 pm. ADJOURNMENT: There being no further business to discuss, Chairman Morales adjourned the meeting at 10:15 pm, to Wednesday, November 20, 2013, at 6:30 pm at Downey City Hall, 11111 Brookshire Ave. - 6 - Planning Commission Minutes November 6, 2013 - 7 - APPROVED AND ADOPTED this 20th day of November, 2013. Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 20th day of November, 2013, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission