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HomeMy WebLinkAboutPC Minutes - 05/21/14 off i,oiv MINUTES ��` ti�� REGULAR MEETING ` „ DOWNEY CITY PLANNING COMMISSION .4,,;1, 1 WEDNESDAY, MAY 21, 2014 Jr CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA eqorows`r 6:30 P.M. Chairman Kiefer called a Regular meeting of the Planning Commission to order on May 21, 2014, at 6:44 pm, at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was called. COMMISSIONERS PRESENT: Louis Morales, District 3 Matias Flores, District 4 Jim Rodriguez, District 5 Hector Lujan, District 1, Vice Chairman Robert Kiefer, District 2, Chairman COMMISSIONERS ABSENT: None OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich-Garcia, City Attorney William Davis, City Planner Leslie Murray, Lieutenant, Downey Police Department 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: Director of Community Development Aldo E. Schindler reported two items that were presented at the May13, 2014 meeting. The first item hearing item was to adopt the Fiscal 2014-2015 HUD Action Plan. The HUD funds go to our Community Development Block Grant in home programs; they typically fund home rehabilitation services for specific neighborhoods and our senior community within the City. We also provide monies for Social Services and Economic Development activities and was approved by City Council. The second item that Council considered was a request by AT&T to substitute a cell tower for one of the light towers in the Discovery Park. The new cell tower was anticipated to host the existing lights and the network of equipment that is out there; however, the City Council did not approve the project; they asked for more by creativity from AT&T by creating a space ship design for the cell tower to serve as a monument for the park. Due to the large number of persons in the audience Chairman Kiefer called for a show of hands for those who were present for the Wet Bar hearing, which were most of those in attendance. PUBLIC HEARINGS: 1. PLN-14-00051: (CUP): Chairman Kiefer opened the public hearing for PLN-14-00051, and Ms. Cavanagh affirmed proof of publication. Director Schindler advised the Commissioners that applicant has requested that the hearing be continued to the June 4, 2014, Regular Meeting of the Planning Commission. Planning Commission Minutes May 21, 2014 It was moved by Commissioner Rodriguez, seconded by Commissioner Morales, and passed by a 5-0 vote, to continue the public hearing for a Conditional Use Permit (PLN-14-00051) to the June 4, 2014 meeting. 2. PLN-14-00071: (Conditional Use Permit): Continuation from the May 7, 2014 Regular Meeting, in which the public hearing was closed. City Planner William Davis gave a brief PowerPoint presentation of the request for Revision "B" to Conditional Use Permit No. PLN-12-00215, by an the owner of an existing bar (The Wet Bar) located at 8832 Imperial Highway, to allow live entertainment (disc jockeys, live bands/mariachi, customer dancing and karaoke), until 2:00 am, seven (7) days a week. Mr. Davis continued by saying that the request was continued from the May 7, 2014 meeting by the Planning Commission due to a variety of issues brought up by applicant and the members of the community residing in the area immediately south of the subject site. The applicant, Luis Gomez invited the members of the community to participate in a community meeting by posting the event and going door to door to invite the residents; however, no one attended the meeting. The main issues were the live entertainment, noise, loitering, parking, transporting food from the adjacent restaurant and the number of similar businesses in the area. Mr. Davis then reviewed each of the issues as well as the residents' concerns regarding the close proximity to the residential property. The Planning Commission made inquiries regarding the issues of sound, specifically regarding proposed equipment and the maximum noise level allowed by the City's Code, as well as the current noise level while the applicant is operating without the live entertainment. Mr. Davis reiterated that City's Code states the maximum noise level to be 65 decibels, making note as to how sound travels and different send levels travel further, which is why residents further away were able to hear the percussive sounds. Staff has added conditions that would require the applicant to provide equipment to monitor the sound as well as keep a record to allow the Police Department the option to review. Mr. Davis mentioned that the applicant has already begun efforts to sound proof the establishment to inject foam into the walls, however, it was — done without permits; therefore, Assistant Planner Kevin Nguyen together with one of the City's building inspectors, inspected the site and advised the applicant to provide the Community Development Department with plans of the project. Staff has added a condition that the applicant must pull the required permits. Mr. Davis also gave further detail to the inquiries the commissioners made regarding the revisions to the conditions addressing the security plan and the occupancy limit, to which he made a correction from the previous estimate; the maximum occupancy is 247 as calculated by our Building Department. As to the six month review, per the Municipal Code, the applicant can be brought back by either the Planning Commission or staff if found to be noncompliant. Commissioner Rodriguez had further inquiries regarding the mention of a "VIP" area and security plans to monitor the area, to which Mr. Davis stated that it has been confirmed that the bar does not have a "VIP" area and was an error made on one the of plan/layouts for security. Commissioner Morales pointed out that the hours of operation and live entertainment are the same, and asked for limitations that would be similar to others with the same usage, to which Mr. Davis responded that it is addressed in the conditions, however the Planning Commission can give direction to modify the hours. Commissioner Rodriguez asked if the Police Department carry tools to measure sound. Downey Police Department Lieutenant Leslie Murray responded by saying that do not have the equipment to measure the sound; however, they are looking into purchasing equipment. Mr. Davis concluded his report by saying that staff finds that the conditions of approval proposed for PLN- 14-00071, which include the mitigation measures contained in this report, are sufficient to resolve the problems outlined during the May 7, 2014 public hearing on this item; therefore, staff recommends approval of the application subject to the conditions of approval. - 2 - • Planning Commission Minutes i;,, May 21, 2014 LChairman Kiefer called Lt. Murray representing the Downey Police Department to give further testimony before addressing the applicant. Lt. Murray informed the commissioners that since March 21, 2014 they have received the following calls: 3/21/14: Domestic violence in the parking lot of the business, where both parties had been drinking at the establishment. 3/23/14: Downey Fire Department called for medical assistance and requested the Downey Police Department assist with crowd control. 4/10/14: Assault occurred at the business. 4/17/14: Call for a fight at the business. 4/20/14: Inspection of the bar, where manager was issued a citation for municipal code violation, which was discussed at the last meeting. 4/25/14: A call for a vehicle burglarized in parking lot. Additionally, on March 14, 2014 the bar was given a warning for violations. Lt. Murray stated that they haven't received any noise complaints from residents and was surprised at the last meeting to hear that there were so many complaints of noise by the residents; the calls they receive are generally calls for service related to fights and subject to drinking in the parking lot. Vice Chairman Lujan asked if they had received a plan development (security) from the applicant, to which she stated that they did submit a security plan prior to the last meeting that had not been approved, but was reviewed and additional conditions were implemented to increase security for specified days, events and week. City Attorney Yvette Abich- Garcia reminded the commissioners that the public hearing was closed at the last meeting and reopening the public hearing, would also allow for public testimony. Chairman Kiefer reopened the public hearing and called the applicant forward for further inquiries. Applicants Luis Gomez, 9516 Lubec St, Downey, and Osvaldo Flores 2547 E. Vista Canyon Road, Orange. Mr. Gomez stated that the issues of sound were never brought to his attention, or the Police Department, and has made attempts to reach out to the community to address all of their concerns by having an open house for them. Unfortunately, none of the residents attended in spite of his door to door invitations, and the invitations that he left for those who were not at home. Chairman Kiefer asked the applicants if they agreed to the revised conditions, to which Mr. Gomez stated that they agreed to the hours for live entertainment; however, they do not want the hours of operation to change; he would like the hours of operation to remain 12:00 noon until 2:00 am. The Commissioners asked the applicants: 1) What type of live entertainment was used prior to it ceasing? 2) When using live bands, how many members did they have? 3) What were the hours for live entertainment? 4) How many days a week did they have live entertainment; was it ever six to seven days a week? 5) When did the applicant change from the originally requested social drinkery, to having live entertainment? sr.. Mr. Gomez responded by saying that the live entertainment was approximately three to four days a week, not six or seven; the type of entertainment ranged from DJs, and live bands such as Mariachi's, Nortena and had a Jazz band once. In the past, they did have the rear door open during the live music events, - 3 - Planning Commission Minutes } ; May 21, 2014 however, they will no longer have the door open and have implemented a zero tolerance policy to prevent it from happening. He added that live entertainment allowed them to compete with similar businesses in the area. Scott Hughes 644 Dornie St, Glendora, CA, stated that he is the security consultant for the Wet Bar, and monitored the sound levels using a phone App over the last two weekends; which resulted in readings from 65 to 85 decibels by the traffic passing the intersection, as well as spikes caused by vehicles passing by playing loud music. Mr. Hughes stated that he done many noise and traffic studies and is experienced in noise studies, but is not a licensed sound expert. He commented that the residential street behind the bar is a noisy area, surrounded by Lakewood Blvd, Imperial Hwy and a shopping center. On Friday and Saturday nights he monitored the sound level hourly and found that it ranged from 65 to 85 decibels with occasional spikes. Chairman Kiefer entered into the record, that 75 signatures and 46 letters were received in opposition of the request and asked if there were any in favor of the request, to which Mr. Davis responded by saying that none were in favor of the request. Hector Lozano, Cudahy, stated that he has been part of the management team for the Wet Bar for two years (previously employed LAUSD teacher); he is not an owner but put in a lot of work into the bar as well as many of the employees. He stated that the owners have improved the site and thereby beautifying the area; reduced the number of calls for service since their opening and tried to reach out to the community to address their issues, noting that there are two other bars (Perla del Mar and Casa Blanca) surrounding the area and playing loud music, which might be causing some of the problems. Previously the bar employed twelve to fifteen employees which included security and now employ only five people. Commissioner Rodriguez asked why he believes their soundproofing would work, to which Mr. Lozano stated that the soundproofing will include soundproofing the doors. Commissioner Rodriguez asked if it was a previous condition that they must have the doors closed at all times to which Vice Chairman Lujan stated that it is a standard condition for live entertainment. Mr. Nguyen stated that Perla del Mar is operating with a conditional use permit; however, Casa Blanca is a legal non-conforming use as it was not a requirement when they began operating. Andrea Martinez, 1445 Brett St, La Puente, CA is a former employee and is out of work now and has since lost her house; she supports two children and stated that the owners are considerate and would address the issues of the neighbors. Commissioner Rodriguez asked Ms. Martinez if live entertainment ceased on April 20, to which she replied yes, and she has been out of work since that time. David Gonsalves, owner and property manager, 8818 Imperial Highway, reiterated that no complaints were received prior to the last hearing; he not only owns and manages the property, but he also owns and operates the Karate studio in the same shopping center and added that the parents of his students are happy to see the security in the parking lot. He added that he has never received complaints regarding music, and that they (applicants) will do whatever it takes to reduce the noise; he advised the applicants that the noise cannot penetrate the walls and must prevent the noise from being heard outside of the building, and he will evict if they do not comply. In addition, the applicants are making efforts to address the neighbors' issues by having a catered community outreach. Chairman Kiefer called for the opposing members of the audience who would bring new information only. Jose Duarte, 12645 Lakewood Blvd stated that live entertainment not only brings problems with noise, but also increases crime. He reviewed the memo from the previous meeting listing twenty calls for service, - 4 - Planning Commission Minutes • , May 21, 2014 and the applicant did not have permission for the live music. Mr. Duarte stated that he noticed a problem with drug use during Sunday nights when they have live music. He continued by saying that he researched Lsoundproofing using foam and stated that it eliminates echoes, but does not block the sound and gave other examples of soundproofing that might work. Mr. Duarte further stated that the applicant had DJs and was playing "Banda" music with percussions and drum, which came with ten to twenty musicians and brought in an element that increases crime activity; the bands would tune their instruments at the rear of the bar and start playing at 11:00 pm. He commented that it has been great the last six weeks since the live music ceased; but does not believe the applicant will comply with restrictions as they had not done so in the past, and the residents are being pushed out of their homes. He said that it is impossible for them not to hear the music and is the reason that night clubs should not be in residential areas. Commissioner Flores asked what Mr. Duarte's concerns are outside of the noise issue, to which he responded that there is an increase in crime, drug use, people with guns and concern that if something were to happen his children would be in danger. Mr. Duarte added that it is also difficult for his children to sleep due to the walls of his home vibrating from the music and scarring the kids; he then gave the commissioners pictures taken of the bands at the subject site, and information regarding foam use in soundproofing. Asvelda Valdez [sic] 12647 1/2 Lakewood Blvd, stated that she believes that Downey welcomes businesses; however, if the staff were to do a cost analysis, they would find that the cost to the city for the calls for service and the investments made by the home owners would outweigh the investment of the business owner; an multiple bars decrease the property values. Robert Duarte 12641 1/2 Lakewood Blvd, stated that the live entertainment has had a negative impact on ir his family's quality of life. He explained that his reason for not attending the applicant's invitation to the event was that he felt intimidated by one of the managers when looking over the wall as he threw out his trash. He added that the "Banda" music would occur on Sunday nights until 2:00 am, also causing an overflow of parking onto their street. He said that there is no rest for his family and they need earplugs to sleep; after the bar closes there are people outside arguing and making noise. Chairman Kiefer asked if he felt that the applicant would comply with the conditions in place, to which Mr. Duarte stated that he does not trust them, they have not complied in the past and they are promoting the bar online showing DJs etc. The people exiting the bar have to wait and stack the cars five to seven cars deep causing a wait, and the people waiting are very loud. Mr. Nguyen entered into the record that he just received four additional letters in opposition of the request. Luis Felix, previously residing on Meadow Rd in the vicinity of the subject site stated his support of the community in opposing the request, due to his personal experience with the increase in crime from the bars that operated with the live entertainment during his residency in the area. Mr. Felix added that he is also an employee for the City of Downey, and drives past the bar four times weekly from midnight to 4:00 am and has seen people outside, fights and the crowds that live music attracts and commented that the property owner is not there during these hours to see what is going on at the site. Michael Simpson 8728 Meadow Rd, has been in the area for one year, and heard the neighbors' past experiences with the crime caused by the bars operating with live entertainment and is opposing the request for live entertainment; and commented that he did not see the anything in the report showing the hours of live entertainment. Robert Lusso [sic] 8716 Meadow Rd, appeared in opposition stating that in the past he has been in law enforcement, and bars bring safety problems, and the police should be protecting lives rather than dealing with the crime that this establishment brings. - 5 - Planning Commission Minutes May 21, 2014 Mrs. Giannina Duarte 12645 Lakewood Blvd, appearing in opposition pointed out that the testimony stated that the sound was measured and shown to exceed the City's maximum 65 decibel sound limit without the addition of live entertainment. e_ Mr. Gomez said that he wanted to clarify that he was trying to comply and gave his reason for misunderstanding regarding the unpermitted use for live entertainment was due to a questionnaire that he completed for his business license. He added that he has a long term lease at this location and is hoping to open other businesses in Downey and is asking for the opportunity to prove themselves. Chairman Kiefer closed the public hearing. Commissioner Rodriguez agreed with public testimony in that it was proven by the sound testing that was done without music being over the 65 decibels; although he wants to see businesses grow he believes that the applicant should first prove that they would be compliant by completing the soundproofing, and tested by a soundproofing expert so as not to impact the neighbors. He believes the applicant has not had a good history with the neighbors and must earn their trust. Commissioner Flores commented that it is a tough decision; on one hand he wants to promote businesses and was excited when the project was presented initially as a lounge, now they want to create a night club. He stated that he is in agreement with Commissioner Rodriguez' comments, and the investments made by both sides. He agrees that there should be a six-month probation period; however, as it stands he finds it to be too problematic. Commissioner Morales thanked those in the audience who appeared to give testimony. He feels that the applicant should be allowed to operate with the revised conditions during a probationary period and test the sound proofing; if there is one complaint, the applicant can be brought back right away. He had hoped that the community would have attended the community outreach to address and modify the conditions to ensure that all of the residents' concerns would be addressed. Vice Chairman Lujan thanked the families present and hoped there would be a compromise; he too is a resident of south Downey and stated that the commissioners have to consider all sides, he is open to the suggestions made by Commissioner Morales; the neighbors do not trust the applicant and agrees with the six month probation and return immediately if there is a complaint. Chairman Kiefer stated that he too is a south Downey resident and was excited at first when it was presented as a social drinkery, but remained concerned as to the impact to the residential neighbors; however, it seems that it is turning into a night club and he does not believe it is the right location for a night club, or live music, and it is not compatible with the land use. He complemented Mr. Gomez on enhancing the appearance of the building and all the time and money he invested. He is in agreement with his fellow commissioners but doesn't see how it would work. City Attorney Abich- Garcia advised the commissioners of their options to either approve or deny the application. It was moved by Commissioner Rodriguez, seconded by, and passed by a 3-2 vote, with Commissioner Morales and Vice Chairman Lujan voting no, to deny the request for a Conditional Use Permit (PLN-14- 00071). Chairman Kiefer called for a brief recess. Chairman Kiefer called the meeting to order. 3. PLN-14-00078: (Conditional Use Permit): Chairman Kiefer opened the public hearing for PLN-14- 00078, and Ms. Cavanagh affirmed proof of publication. - 6 - / \::,,,....:7 Planning Commission Minutes '"l+" May 21, 2014,,_,,, LAssistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request by an existing restaurant (Buffalo Wild Wings) located in the Stonewood Mall at 193 Stonewood St, which operates with a Department of Alcoholic Beverage Control (ABC) Type 47 (On-Sale General, Eating Place) license, to modify condition no. 15 of their existing conditional use permit to increase the hours of alcohol service from 1:00 a.m. to 1:30 a.m.; the hours of operation will remain seven (7) days a week, between 9:00 a.m. and 2:00 a.m. Mr. Nguyen added that the hours of alcohol sales requested is consistent with approval of the adjacent restaurants. Furthermore, staff has reviewed the application with the Downey Police Department; they expressed no concern or opposition about the extended 30 minutes. In closing, Mr. Nguyen stated that based on the analysis contained within the staff report, staff is recommending approval of the application, subject to conditions of approval. Applicant Michael Ayaz, 12304 Santa Monica Blvd, # 100, Los Angeles, representing Buffalo Wild Wings. Mr. Ayaz stated that he read and agreed to the conditions of approval. Mr. Ayaz continued by explaining that the request to modify the hours for alcohol sales at this location to make them consistent with their other 1000 locations, and that he does not believe there will be any problems as there have been only three (3) calls for service to this specific site address since they were approved in 2010. Chairman Kiefer closed the public hearing. The Commissioners stated that they had no concerns with the request as there have been no complaints from the residents and believe the hours should be consistent with the surrounding restaurants. It was moved by Chairman Kiefer, seconded by Commissioner Morales, and passed by a 5-0 vote, to adopt Resolution No. 14-2875, to approve the request for a Special Event Permit (PLN-14-00078). OM 4. PLN-14-00101: (Special Event Permit): Chairman Kiefer opened the public hearing for PLN-14- 00101, and Ms. Cavanagh affirmed proof of publication. City Planner Davis gave a brief PowerPoint presentation of the annual request for a special event permit by the Greek Orthodox Church located at 10830 Downey Ave zoned Downtown Downey Specific Plan. Mr. Davis stated that this is an annual event that has been taking place in Downey for 20 years or more; the church will conduct their annual two day Greek Festival on Saturday and Sunday, June 7 and 8, from 11:00 am to 10:00 pm in the parking lot of the church. Mr. Davis stated that the church is surrounded by residential uses within the Downtown Specific Plan area. As in past years, the activities will take place church parking lot. For this reason, the church has obtained permission from the Downey United Methodist Church and First Baptist Church to utilize their parking lots on both days, which will provide over 180 parking spaces. Mr. Davis stated that staff is always in support of this project and commented that it is a boom to community, as well as advocating the Greek culture. As such staff is recommending approval of the request for a special event permit. The Commissioners asked if there are new conditions, issues with the Police Department, or noise complaints. Mr. Davis responded by saying that the conditions are the same as last year and that staff never hears of any issues. In years past, there were complaints with noise; however, those complaints have gone away. The applicant Christina Davilas was not present to address the Planning Commission; however, there were no questions for the applicant as this is an annual event with no changes to the conditions. Chairman Kiefer closed the public hearing. The commissioners unanimously approved the event, calling it a great community event with an electric atmosphere. - 7 - Planning Commission Minutes May 21, 2014 It was moved by Chairman Kiefer, seconded by Vice Commissioner Morales, and passed by a 5-0 vote, to adopt Resolution No. 14-2876, to approve the request for a Special Event Permit (PLN-14-00101). 5. PLN-14-00065: (Special Event Permit): Chairman Kiefer opened the public hearing for PLN-14- 00065, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Nguyen gave a brief PowerPoint presentation of the request by the applicant, to operate a beauty and barbering school at 9050 Telegraph Road, zoned C-2 (General Commercial). Mr. Nguyen advised the commissioners that Ms. Villarreal has been operating the school since 2004. unaware that a conditional use permit was required, and is requesting the permit to bring the school into compliance with the City's requirements. The school will occupy a section of the first floor and the entire second floor for a total of about a 4,800 sq. ft. space. The school offers two sessions, with the first session from 10:00 am to 3:00 pm, and the evening session from 4:00 pm to 8:00 pm. The subject site provides 44 parking spaces, of which the school requires 32 spaces; the remaining 12 spaces are provided for the remaining tenant spaces. The 44 spaces meet the maximum requirement for parking for the usage. Staff has reviewed that application and found that the applicant has been operating the school for 10 years without complaints, and supports the request. As such staff is recommending approval of the application, subject to the conditions of approval. Vice Chairman Lujan asked if permits have been pulled for the current construction at the site, to which Mr. Nguyen responded by saying yes; the property has gone through a major renovation to remodel of the facade of the building, which is a great improvement to the site. Commissioner Rodriguez inquired as to the signage; to which Mr. Nguyen responded by saying that the pictures were taken last week showing the temporary banners, and that the project had was completed last week. Commissioner Morales asked if permits were pulled tenant improvement when the applicant began her operation 10 years ago, to which Mr. Nguyen responded yes. Applicant Maria Teresa Villarreal, 5505 Gardendale, Hollydale, thanked the City staff and said that she read and agreed to the conditions of approval. Vice Chairman Kiefer asked Ms. Villarreal if she plans to make any major changes in the future, to which she responded by saying no. Chairman Kiefer closed the public hearing. The commissioners stated that the applicant has been successfully operating for school 10 years and they had no concerns. It was moved by Chairman Kiefer, seconded by Vice Commissioner Morales, and passed by a 5-0 vote, to adopt Resolution No. 14-2877, to approve the request for a Special Event Permit (PLN-14-00065). 6. PLN-14-00072: (Conditional Use Permit): Chairman Kiefer opened the public hearing for PLN-14- 00072, and Ms. Cavanagh affirmed proof of publication. City Planner Davis gave a brief PowerPoint presentation of the request for a cup to allow a pet hotel and day camp that features pet boarding with kennels as well as pet grooming service located at 9027 Gallatin Rd zoned C-2 (General Commercial). The building takes up the entire parcel and is surrounded by the shopping center which includes Ralph's, McDonalds and other establishments. Mr. Davis continued by saying that the easterly side of the building has no openings other than the one doorway to the rear, which would be good to mitigate noise. In addition, the property is approximately 91 feet from the residential - 8 - I Planning Commission Minutes ;) May 21, 2014 neighbors. The building has been vacant for several years and had been used as an office space. It is comprised of several offices around the perimeter interior walls and a lobby area which is proposed to be W. used for the dog care services. The center portion of the space will allow for an exercise area; everything will take place within the building. As always, staff is concerned with noise; as such, staff has added a condition of approval to address noise. In addition, staff is concerned with the possibility of bad odors from animal waste; however, the ventilation of the building is designed to address that. With the building occupying the entire parcel, it has no parking spaces; however, the building has reciprocal parking with the lot that surrounds the building which is owned by the shopping center. Based on the conditions of approval staff is recommending approval of the application. The Commissioners discussed the issues of waste and its disposal locations, dog walking services and occupancy limits with staff. Applicant Ricardo Michel, 6560 De Longpre Ave, Hollywood, is the operator and owner of the business. Mr. Michel advised the commissioners that the pets will be contained within the building and will provide the walking area inside the center portion of the building (not outside). The Commissioners asked how many overnight dogs would they allow, define pet grooming, and owners experience in operating a similar business. Mr. Michel responded by saying that they will allow one dog per suite overnight, and have a specific area that is called downtown which will be six cubicles, for a total of 16. Martin Torres, co-owner of the business has operated a pet grooming business in Eagle Rock for 2 1/2 ir years; without the overnight stay, since it is not allowed in Eagle Rock. He defined pet grooming as a bath and a haircut. The Commissioners asked if the applicants anticipated having more than the estimated 16 dogs, to which they responded that they might have more during holidays; the dogs are kept in the (central portion of the building) downtown area during the day and only those who will be remain overnight will occupy the suites (one per suite) from 7:00 pm to 8:00 am during which time staff will be at the premises caring for the dogs, including maintenance to clean the facility. Mathew Rodman [sic] owner of the subject property explained, the subject building shares parking in common with the shopping center. The building was purchased four years ago and was used as custodial offices; it had not been vacant. The lease does not allow for windows or doors being added to the building, and there are dumpsters located in two trash enclosures available in back of the building facing the Green Olive. The building will share parking in common with the shopping center. Connie Patton 12419 Columbia Way, said that she loves the idea but had the following concerns: 1) No limits to the number of dogs, ages or bully breeds, 2) A large number of dogs in one area; suggests occupancy limits, 3) The health and welfare of the dogs in comparison to PetSmart who requires that immunization records are up to date. Commissioner Kiefer asked staff if there is a government agency that would regulate this type of business; to, which Director Schindler stated that the Los Angeles County Animal Control office would regulate, and a condition can be added that the applicant must comply with animal control regulations. Commissioner Rodriguez disclosed that Ms. Patton is his spouse. Beverly Young, 9155 Arrington appeared in opposition, stating that she lives around the corner from the proposed pet spa and says that they have enough dogs making noise in the area, and the potential odor - 9 - Planning Commission Minutes May 21, 2014 from the business that could affect the neighboring restaurants. Chairman Kiefer asked the applicants if there is an agency that they must respond to, to which Mr. Michel 3 confirmed that there is a type of animal control that randomly checks to make sure they are in compliance, but he did not recall the name of the agency. He added that they maintain files for each of the dogs and they require current immunization records. The Commissioners asked if there is and an age limit for the pets and how they would handle unruly dogs Mr. Michel stated that he had never seen puppies in these types of facilities; if they are too young to receive immunization that would not be accepted. The dogs are evaluated in a separate room, and if found to be a problem they are not accepted and the owner is contacted to pick up the dogs. Commissioner Rodriguez stated his concern with noise, to which Mr. Davis stated that the Code states that there has to be a prolonged impact in order for there to be a violation. Chairman Kiefer closed the public hearing. The Commissioners were in agreement that having a pet hotel is good for the City; however they are concerned with the possibilities of noise and odors and added two conditions that they adhere to the county animal control board and to bring the applicant back in six months for review. Director Schindler advised the Commissioners that we have a general condition where a project has to comply with all federal, state, city, and local regulations in addition to the Municipal Code, which is a type of blanket that covers the issues, and suggested that they separate them into three separate conditions: 1) Meeting the requirements of the County of Los Angeles Animal Care and Control 2) Meeting all federal, state, county and city regulations, notwithstanding those listed in the municipal code 3) The applicant will be brought back to the Planning Commission for a six month review It was moved by Vice Commissioner Morales, seconded by Chairman Kiefer, and passed by a 5-0 vote, to adopt Resolution No. 14-2878, to approve the request for a Special Event Permit (PLN-14-00072) with modified conditions of approval as stated by Director Schindler. NON-AGENDA PUBLIC COMMENTS: None CONSENT CALENDAR ITEMS: 7. Approval of the Minutes from May 7, 2014 It was moved by Commissioner Morales, seconded by Chairman Kiefer, and passed by a 5-0 vote. to approve the Minutes of the May 7, 2014 meeting of the Planning Commission. OTHER BUSINESS: None STAFF MEMBER COMMENTS: None - 10 - Planning Commission Minutes May May 21, 2014 ma ADJOURNMENT: There being no further business to discuss, Chairman Kiefer adjourned the meeting at 10:35 pm, to Wednesday, June 4, 2014, at 6:30 pm at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 4th day of June, 2014. /03,4 Robert Kiefer, Chair, an 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 June, 2014, by the following vote: AYES: COMMISSIONERS: Kiefer, Lujan, Flores and Rodriguez ABSENT: COMMISSIONERS: Morales ABSTAIN: COMMISSIONERS: None NOES: COMMISSIONERS: None LAilk • Mary C. anagh, Secretary City Planning Commission - 11 -