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HomeMy WebLinkAbout2. PC Draft Minutes - 11-20-13DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, NOVEMBER 20, 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 20, 2013, at 6:46 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 Rodríguez, 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 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-13-0000181: (Conditional Use Permit): Chairman Morales opened the public hearing for PLN- 13-00181, and Ms. Cavanagh affirmed proof of publication. City Planner William Davis gave a brief review of the staff report that was presented at the October 16, 2013 Regular Meeting of the Planning Commission regarding a request for the approval of a Conditional Use Permit to allow a “Zumba” fitness dance studio (Yoli’s Zumba) at 11416 Old River School Road. The Planning Commission continued the public hearing for this request to November 20, 2013. to allow staff time to investigate the evidence that was brought before the Commissioners at the October 16, 2013 meeting. The primary concerns regarded noise complaints and the safety of unattended children playing in the alley behind the building, as expressed by three residential neighbors who appeared at the meeting. Both the applicant and owner of the property denied that the dance studio was currently operating at the subject site. On October 17, 2013 the owner contacted Mr. Davis and appeared before the Planning Commission at the November 6, 2013 meeting, to apologize for not being forthcoming with the fact that the applicant was already operating in an adjacent suite, and ceased all operations after the hearing. In addition, the applicant met with Mr. Davis, with an interpreter, to explain that she acted out of fear. She does not understand English and thought she would be imprisoned for operating without the permit. Mr. Davis expressed the importance of honesty to Ms. Cazares and having children left unattended playing in the alley behind the dance studio. As such, staff has added conditions to address the issues presented, Planning Commission Minutes November 20, 2013 and is thereby recommending approval of the request for a Conditional Use Permit, subject to the conditions of approval. Applicant Yolanda Cazares appeared with translator Christopher St. Prado (commercial neighbor) to apologize for not being truthful at the prior meeting, and that she had already been operating at the dance studio. She reiterated her fear of going to prison for operating the dance studio without permits. Mr. St. Prado stated that Ms. Cazares read and agreed to the conditions except for Condition No. 11; asking if the Commission could revise it to require that applicant install sound barrier walls only if the noise complaints should continue. In addition, Ms. Cazares spoke to her commercial neighbors and provided them with a letter stating that she would be opening a Zumba Studio, listing her phone number and hours of operation. The letter, along with emails received in response stating that the commercial neighbors do not oppose the request was distributed to the Planning Commission for their review. The Commissioners reviewed the conditions that address the noise issues, confirmed that the back door will remain closed at all times to prevent the noise from spilling out into the residential area, and confirmed that there will be a place inside the studio for children of the patrons or employees to remain indoors, and reiterated that there will be no loitering outside the building. Steven Humenski 11411 Norlain Ave, asked what type of music equipment and sound proofing material would be used at the site, and who would be measuring the sound to ensure it does not exceed the 65 decibels. Shirley Potter 11411 Norlain Ave, Downey, expressed her concern that the door to the dance studio would be opened during the summer months. She said that she does not want to be unreasonable, but assured the Commissioners that she will file a complaint if there are any problems. Mr. St. Prado stated that Ms. Cazares uses a boom box and does not have any base or additional music equipment. He added that the sound proofing would also have to include the door and that the cost would be a hardship for her. He asked if the conditions could be revised to require the soundproofing to be done if there the complaints continued. Chairman Morales closed the public hearing. Commissioner Flores stated that he was glad to hear from the neighbors, and asked for clarification regarding the requirements for soundproofing. City Attorney Yvette Abich-Garcia gave direction to staff to clarify the condition regarding the soundproofing, by suggesting that the 90 days be removed from the condition and add language that would give the City Planner the discretion to step in to require soundproofing. This would be an addition to the other conditions. Chairman Morales stated that testing the sound level with this type of equipment is as simple as turn the music on, step outside and see if it’s too loud. He also is glad to hear from the neighbors and see that everyone is able to work together. Commissioner Rodriguez agreed with the Chairman and the City Attorney in revising the language of the condition addressing noise, and that the back door should remain closed. Commissioner Lujan stated that he appreciates that the residential neighbors are willing to work with the business owner and believes things will work out if the applicant is willing to turn the music down when the neighbors say it’s too loud. Vice Chairman Kiefer agreed with his fellow Commissioners and the suggested changes to Condition No. 11. He would like the conditions to include the requirement of the door being closed at times. He said that - 2 - Planning Commission Minutes November 20, 2013 he is also concerned that the applicant may increase the number of sessions later and asked if it would it be brought back to the Commission. Director of Community Development Brian Saeki responded by reading Condition No. 4 which states: The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions, if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. It was moved by Commissioner Rodriguez and seconded by Commissioner Flores, and passed by a 5-0 to adopt Resolution No. 13-2859, to approve the request for a Conditional Use Permit (PLN-13-00181) subject to the modified conditions of approval as stated. 2. PLN-13-00174 (Conditional Use Permit): Chairman Morales opened the public hearing for PLN-13- 00174, and Ms. Cavanagh affirmed proof of publication. Commissioner Lujan stated that he viewed the video of the November 6, 2013 Regular Meeting of the Planning Commission, which allows him to participate on this item. Assistant Planner Kevin Nguyen gave a brief review of the staff report regarding a request for the approval of a Conditional Use Permit to allow an existing restaurant (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. The public hearing for this item was continued to November 20, 2013, and directed staff to investigate the reports by the public of an on-going party bus activity at the site. Mr. Nguyen stated that he found that the City’s records indicate that a business license was issued for “Plan Create Party” as an office use for event planning at 8050 Florence Avenue, Suite 23. This business license allows the applicant to operate as an office use only; dropping off and picking up patrons on party buses are prohibited at the site. A website which belongs to “Plan Create Party” has been advertising party bus activity as the primary aspect of their business’s operation. Staff contacted the business’s licensee, in writing, to cease the party bus activity immediately and requested the Downey Police Department to patrol the subject site on weekends, to ensure no party buses are operating at the site. In addition, staff is recommending replacing Condition No. 6 with a condition that requires all exit doors, including doors facing Florence Avenue and rear doors facing the parking lot, to be equipped with panic hardware (touchbar) devices to allow patrons to exit the building in case of emergency. The Commissioners discussed the noise, trash issues that were brought up at the November 6, 2013 hearing, and then discussed traffic flow, security, lighting to the rear parking lot area and other options in place of panic doors with staff. Applicant/owner Joel Florian expressed his concern with adding hardware to the building; he is a tenant and changes to the building must be done by or with the approval of the building owner. He stated that he does have security present to direct the patrons in the event of an emergency. Mr. Saeki explained that in the event of fire or major emergency, it is a necessary to have the panic doors in case for example the security guard himself was injured or just happened to be away from his post. He continued by saying that most people, in a state of panic do not act logically; therefore, the doors are required as a safety issue. Mr. Saeki gave staff direction on modifying the conditions to address the panic hardware for the building entrance/exit doors and security for the site. Commissioner Rodriguez made additional suggestions as to the redirection of traffic within and around the subject site, including barricades in some of the driveway entrance and exits during the evening hours. City Attorney Abich-Garcia advised Commissioner Rodriguez that the Chief of Police would give the - 3 - Planning Commission Minutes November 20, 2013 direction of the traffic flow in and around the subject site. Alfonso Vasquez, Building Maintenance Supervisor for 8060 Florence Ave, stated that he has been maintaining the site for approximately six years and has only found trash around the building during the morning hours when the building is open. In addition, he personally does an inspection of the site between the hours of 2:00 and 3:00 am. Lupe Tivera [sic] 8102 Florence Ave, Downey, stated that she is the current tenant at this property and her home faces the subject site. She said that she and her elderly mother have never been able to hear the music from the restaurant, and the Western Ave at that corner is very heavily traveled due to the residents of the many apartment buildings in that area. Angelina Parillo [sic], 7952 Cole St., Downey, stated that she and her family are regular patrons over the last couple of years. She and her family have celebrated birthdays, Mother’s Day, and she herself visits the restaurant for their Karaoke. She said that she feels very comfortable and secure and the security is great. She has never seen trouble there. Chairman Morales closed the public hearing. Commissioner Rodriguez disclosed that he visited the site approximately three times since the last hearing. He reviewed how the restaurant has evolved from its original zoning intent to operate as a restaurant and never intended to be a night club. He stated that the conditions are critical to ensure the peace and quiet for the residential neighbors. He wants more lighting in the back of the building, and a simple barricade at the driveway entrance/exit starting from Florence Ave. He is happy that the application will be reviewed by the Commission again in six months. Commissioner Lujan stated that he viewed the video of the November 6, 2013 hearing and appreciated the neighbors coming to express their concerns regarding noise, and the party buses. He stated that he has seen the party buses and their patrons coming and going when he works at the fireworks stands during the 4th of July Holiday and observed the patrons being intoxicated and rowdy. He is also pleased that the building maintenance will address the issues with trash around the building. Commissioner Flores agrees with the conditions. He asked for further discussion of the hours of operation; having the live entertainment seven days a week is a disturbance for the residents that will be working in the early morning hours, and suggested closing at midnight a few nights a week. Vice Chairman Kiefer agreed with Commissioner Flores and stated that this is a night club and suggested the hours be reduced to close at midnight on Monday and Tuesday. Chairman Morales stated that there should be a standard condition that the kitchen must remain open until closing, and that Condition No 5 mentions outdoor dining, and the restaurant does not have outdoor dining. Mr. Saeki advised the Commissioners that the outdoor dining is a misprint and will be removed from Condition No 5. Commissioner Rodriguez stated that he will only approve the application if conditions are in place giving the Police Department direction. City Attorney Abich-Garcia suggested that the Commission does not hard code a condition directing the Police Department; the Chief of Police has the discretion to deny the condition and it would then have to be brought before the Commission to remove the condition. Downey Police Department Sergeant Dan Samano stated that there could be other issues with the suggested barricades such as patrons knocking them down to exit more quickly rather than following the - 4 - Planning Commission Minutes November 20, 2013 direction of a security guard and it would be difficult for the restaurant to control the problems. Chairman Morales reopened the public hearing. Mr. Florian stated that he wants the hours of operation to remain “as is”. He said that the restaurant does not have live entertainment and dancing every night. They have already been operating until 2:00 am Monday through Wednesday and the majority of the noise complaints were due to the party bus that was operating in the parking lot. The kitchen is open until closing; however, they usually close early Monday through Wednesday if business is slow, but want to keep the option of being open until 2:00 am. He continued by saying that he sat down with the Downey Police Department approximately four months before the hearing to and received direction regarding the security. Chairman Morales closed the public hearing. The Commissioners discussed the hours of operation and decided that there will be no changes at this time, and can be reviewed in six months. It was moved by Commissioner Rodriguez and seconded by Commissioner Lujan, and passed by a 5-0 to adopt Resolution No. 13-2860, to approve the request for a Conditional Use Permit (PLN-13-00174) subject to the modified conditions of approval as stated. 3. PLN-13-00192 (Conditional Use Permit): Chairman Morales opened the public hearing for PLN-13- 00192, and Ms. Cavanagh affirmed proof of publication. Commissioner Lujan stated that he viewed the video of the November 6, 2013 Regular Meeting of the Planning Commission, which allows him to participate on this item. Senior Planner David Blumenthal gave a brief review of the staff report that was presented at the November 6, 2013 Regular Meeting of the Planning Commission regarding a request for approval of a Conditional Use Permit to allow a used automobile sales lot at 9844 Paramount Blvd, zoned C-2 (General Commercial). The applicant was not present to respond to inquiries of the Commission, therefore, the public hearing was continued to November 20, 2013. An email was received from Ms. Sylvia Steele who appeared at the November 6, 2013 hearing to express her concerns with the request. Since that meeting Ms. Steele advised staff that she has come to an agreement with the applicant and is now in favor of the project. Mr. Blumenthal stated that the proposed agreement between the two parties appears to be amicable and will achieve the goal of screening the sales lot from the neighbors. Based on the analysis contained in the staff report, staff is recommending approval of the application subject to conditions of approval. Applicant William Ramirez, 9844 Paramount Blvd, apologized to the Commission for not being present at the November 6, 2013 meeting; he had misunderstood the date of the hearing. He stated that he read and understood the conditions of approval. He also met with Ms. Steele (the owner of the adjacent property) and agreed to share the cost of having the Palm trees removed and replace them with a six-foot vinyl fence. In addition, Mr. Ramirez requested the conditions be adjusted to allow a few cars to be displayed in the front parking lot facing Paramount Blvd. Vice Chairman Kiefer reminded the applicant that the application states that the vehicles will be parked in the rear of the property, and there shall be no vehicles displayed in the front parking lot; however, if it were to be revised, how many cars would he park in the front lot, what types of advertising would he display, and what types of cars will he be selling. Mr. Ramirez responded by saying that he would like to have a couple vehicles displayed in the front parking lot; he has problems with the people parking on his lot and hopes that parking his vehicles will help him resolve that problem. He stated that he will not display banners of any kind, and would have a sticker - 5 - Planning Commission Minutes November 20, 2013 display on the vehicles showing the model year. The vehicles are 2010 to 2012 luxury vehicles, and will be advertised online. Mr. Blumenthal stated that staff the findings would not support display vehicles being parked in the front lot and staff would therefore have to recommend denial of the application. Mr. and Mrs. Steele, owners of the adjacent property to the north of the subject site stated that they have an agreement with the applicant to remove the Palm trees and install the vinyl fence; however, Mrs. Steele stated that there are electrical lines in the ground dividing the property, and she has an electrician scheduled to remove them. Mr. Steele added that the additional time is needed due to the holidays and the weather, which will delay the work being done; therefore, they are requesting a revision to the conditions, to allow them 90 days from the date that the trees are removed to install the vinyl fence. Mr. Blumenthal suggested moving Condition No. 19 d, “Remove all palm trees from the north landscape planter. A six foot tall solid fence or wall shall be placed within the planter to screen the car dealership from the adjoining parcel” to be added to Condition No. 22, which currently states, “Within 90 days of the commencement of business, the applicant shall have the parking lot repaired, patched, slurry sealed, and restriped.” Additionally, he noted that language should be added to require the fence to be installed within 90 days of the trees being removed. Chairman Morales closed the public hearing. It was moved by Vice Chairman Kiefer and seconded by Commissioner Flores, and passed by a 5-0 to adopt Resolution 13-2861, to approve the request for a Conditional Use Permit (PLN-13-00192) subject to the modified conditions of approval as stated. NON-AGENDA PUBLIC COMMENTS: Emery Sipos 12832 Smallwood Ave, Downey, expressed his concerns for the safety of his family and patron with the construction of the View Project near his business located at 11104-08 Downey Avenue and how it has been affecting him. He presented the Commission with a letter and a copy of the June 1, 2011 Minutes of the City Council. CONSENT CALENDAR ITEMS: 4. Approval of the Minutes from November 6, 2013 It was moved by Vice Chairman Kiefer and seconded by Commissioner Flores, and passed by a 4-0-1 vote, with Commissioner Lujan abstaining, to approve the Consent Calendar. OTHER BUSINESS: None STAFF MEMBER COMMENTS: Director of Community Development Brian Saeki gave thanks to everyone that was able 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 9:20 pm, to Wednesday, December 4, 2013, at 6:30 pm at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 4th day of December, 2013. - 6 - Planning Commission Minutes November 20, 2013 - 7 - 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 4th day of December, 2013, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission