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HomeMy WebLinkAbout4. PC Draft Minutes - 07-15-15 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JULY 15, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the July 15, 2015, Regular Meeting of the Planning Commission to order at 6:35 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Patrick Owens, District 2 Louis Morales, District 3 Matias Flores, District 4, Vice Chairman Jim Rodríguez, District 5 Hector Lujan, District 1, Chairman COMMISSIONERS ABSENT: None. OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney William Davis, City Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo E. Schindler reported that the City Council approved the development agreement with Habitat for Humanity, to develop seven (7) residential townhomes located on Elm Vista Drive. The development will be targeted for first time home buyers who meet low income eligibility criteria. The sale of the site is expected to close by the end of this month. PUBLIC HEARINGS: 1. PLN-15-00004 (Negative Declaration, Tentative Tract Map No 72028, General Plan Amendment, Zone Change and Site Plan Review): Chairman Lujan opened the public hearing for PLN-15-00004, and Ms. Cavanagh affirmed proof of publication. Director Schindler requested that the Commission continue the public hearing on this application to a date uncertain, to allow the applicant time to work on concerns identified by staff. It was moved by Commissioner Morales, seconded by Vice Chairman Flores, and passed by a 5-0 vote, to continue (PLN-15-00004) to a date uncertain. Planning Commission Minutes July 15, 2015 - 2 - 2. PLN-15-0093 (Conditional Use Permit): Chairman Lujan opened the public hearing for PLN-15- 00093, and Ms. Cavanagh affirmed proof of publication. City Planner William Davis gave a brief PowerPoint presentation of the request for approval of a conditional use permit to allow Giant RV to sell and service recreational vehicles on property located at 11111 Florence Avenue. Mr. Davis reviewed the subject site, located in northeast Downey, on a triangular-shaped area of land that is designated into 12 sites. Giant RV proposes to occupy the largest portion (S ite 1) that is situated on the north side of Florence Avenue, visible for the 605 and I-5 Freeways . Mr. Davis stated that the site has been vacant for several years and reviewed the former uses such as World of Décor, Gemco and Pace. He discussed the concerns presented by the Development Review Committee (DRC), such as the possibility of locating a waste dump area on the subject site; propane tanks; fire sprinkler certifications; and fire lane access on the north side of the building. As a result, staff generated conditions of approval to address those concerns. The Commissioners asked if there would be a dump facility, to which City Planner Davis stated that a dump facility is provided for clearing purposes. Chairman Lujan called for disclosures. Receiving none, the Chairman asked for comments from the Applicant. Applicant, Mike Murphy, 9150 Benson Avenue, Montclair, thanked staff and stated that they agreed to the conditions of approval and gave a brief background of the company. Vice Chairman Flores asked where most of their business is generated from, to which Mr. Murphy replied that their business is primarily from RV sales, and secondary parts sales, and service. Commissioner Rodriguez asked if they would be storing vehicles on site, to which Mr. Murphy explained that vehicles are not stored; however, they typically have 150-200 units available for sale, and 75-100 for service with a turnaround time of approximately two to three days. There were no correspondences or public speakers. Chairman Lujan closed the public hearing. The Commissioners stated that they have no issues or concerns; they believe it is a great project for the location and welcomed Giant RV to Downey. It was moved by Commissioner Morales, seconded by Vice Chairman Flores, and passed by a 5-0 vote, to adopt Resolution 15-2929, thereby approving the request for a Conditional Use Permit (PLN- 15-00093). 3. PLN-15-00111 (Conditional Use Permit): Chairman Lujan opened the public hearing for PLN-15- 00111, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a PowerPoint presentation of the request for an existing restaurant (20/20 Draft House) located at 8228 Firestone Blvd., which currently operates with an Alcoholic Beverage Control (ABC) Type 41 (On-Sale Beer & Wine, Eating Place) license, to include live entertainment. Mr. Nguyen reviewed the surroundings of the subject site. It is located in the Firestone Boulevard Gateway District of Downtown Downey, which includes mixed uses such as Planning Commission Minutes July 15, 2015 - 3 - restaurants and retail. The applicant proposes a 10' by 13' live entertainment area located at the northeast corner of the tenant space, facing Firestone Boulevard. There will be no raised stage or dance floor, and customers will not be allowed to dance. The applicant is proposing the following hours for live entertainment: • Thursday: 8:00 p.m. to 11:00 p.m. • Friday and Saturday : 8:00 p.m. to 1:30 a.m. • Sunday: 5:00 p.m. to 11:00 p.m. Assistant Planner Nguyen stated that staff has reduced the hours for live entertainment on Sunday to begin at 8:00 p.m. to reduce potential parking issues to other businesses. Mr. Nguyen reviewed the concerns presented during the Development Review Committee and commented on Code Enforcement’s concern regarding the rear patio being used for patron seating. Although the applicant indicated that the rear outdoor patio is only used by the employees, staff has added a condition of approval to prohibit outdoor seating on the patio. The Police Department expressed concerns that there would be dancing; therefore, staff added a condition of approval that prevents patrons from dancing in the restaurant. It was discovered that the reports were missing the conditions of approval; therefore, Chairman Lujan called for a brief recess to obtain copies of the conditions and time to review them. Chairman Lujan called the meeting to order and reopened the public hearing. Vice Chairman Flores asked for information on how the Development Review Committee (DRC) operates, to which Director Schindler explained that it is an informal gathering of the department heads to address their concerns on all major applications and entitlements. The DRC was implemented in 2008 to speed up the development process. The Commissioners reviewed the conditions of approval regarding the concerns with patrons dancing, the possibility of outdoor patio being used for patrons and the business hours including the hours for live entertainment, and discussed those concerns with Mr. Nguyen. Chairman Lujan called for disclosers. Commissioner Rodriguez disclosed that he has visited the site socially. Applicants Leo Guerro, Owner, and Ana Avila Manager, 8228 Firestone Blvd. Ms. Avila stated that she is the manager of the restaurant and explained that they currently have a juke box in the restaurant with a removable speaker that can be used inside or outside. She said that they have requested a DJ, but for the most part they will have a small trio band most days. Ms. Avila said that they started as a bar, but grew into the restaurant due to the popularity of their menu. She explained their reason for requesting live entertainment to start at 5:00 p.m. on Sunday is to draw in families early and keep them there. She added that it is their belief that this will prevent attracting night club type patrons to the restaurant and will be able to keep it as more of a family atmosphere rather than turning into a nightclub atmosphere. Ms. Avila further stated that they believe that the concerns regarding parking were not valid as some of the businesses that share a large portion of the parking lot that are closed on Sundays; therefore, parking will not be an issue. There were no correspondences. Chairman Lujan called for public comments. Planning Commission Minutes July 15, 2015 - 4 - Roger Vingino, 10545 Chaney Avenue, expressed his concerns regarding the restaurant operating with live entertainment. He said that it would create more of a drinking atmosphere, not a family atmosphere. He continued by saying that they will not be able to prevent people from dancing if there is live entertainment, and it will also create more parking issues. Leo Guerro and Ana Avila replied by saying that the neighboring businesses that are open on Sundays close at 9:00 p.m.; they don’t believe dancing will be a problem as there is no room for patrons to dance, and they will do all that they can to prevent people from dancing. Chairman Lujan closed the public hearing. The Commissioners were concerned with the request for live entertainment to begin at 5:00 p.m. on Sundays, and agreed with staff that it should begin at 8:00 p.m. They commented that the space is not large enough to be a problem with people dancing and are satisfied with the conditions in place. It was moved by Commissioner Rodriguez, seconded by Commissioner Morales, and passed by a 5-0 vote, to adopt Resolution 15-2930, thereby approving the request for a Conditional Use Permit (PLN- 15-00111) subject to the conditions of approval. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 4. PLN-15-00059 (General Plan Consistency) A request to find that the proposed Bicycle Master Plan is consistent with the General Plan. Director Schindler introduced Miguel Nunez Fehr and Peers, who was returning to present the proposed Bicycle Master Plan, together with the traffic study, as requested by some of the Commissioners during the February 18, 2015 meeting of the Planning Commission. Mr. Nunez provided a detailed PowerPoint presentation of the proposed Bicycle Master Plan and the traffic study; and discussed its consistency with the General Plan. Commissioner Owens thanked Mr. Nunez and commented that there were no flaws in the presentation. He has served on the Green Task Force and the Public Works Committee and believes the Bicycle Master Plan is consistent with the General Plan and is in support of it. Vice Chairman Flores commended Mr. Nunez on his presentation and said that it was very detailed, all of his concerns were addressed, and he is glad that it is on the horizon. Commissioner Rodriguez said that the presentation was excellent; however, he believes that the item should be continued to allow the Commissioners more time to read the traffic study. City Attorney Yvette Abich Garcia gave clarification to the Commissioners regarding the resolution as it pertained to the adoption of the General Plan Consistency. Commissioner Morales thanked Mr. Nunez for a great presentation and commented that he originally had some concerns, but in general believes it is where we want to go and that it is consistent with the General Plan. Planning Commission Minutes July 15, 2015 - 5 - Chairman Lujan thanked the City Attorney for her clarification. It was moved by Commissioner Morales, seconded by Commissioner Owens, and passed by a 4-1 vote, with Commissioner Rodriguez voting no, to adopt resolution 15-2931, thereby approving (PLN- 15-0059). OTHER BUSINESS: Commissioner Rodriguez asked for clarification of the function of the Development Review Committee, and expressed his interest that everything discussed in the meeting is presented to the Planning Commission. Director Schindler responded by explaining the process and the delays that his request would cause in processing the applications. Commissioner Morales explained that all cities have this type of review process. Director Schindler informed the Commissioners that the City of Downey received the Golden Nugget award for National recognition of a design. STAFF MEMBER COMMENTS: None. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 9:26 p.m., to Wednesday, August 5, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 19th day of August, 2015. Hector Lujan, 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 19th day of August, 2015, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission