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HomeMy WebLinkAbout4. PC Draft Minutes - 10-21-15 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, OCTOBER 21, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the October 21, 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: Louis Morales, District 3 Matias Flores, District 4, Vice Chairman Jim Rodríguez, District 5 Hector Lujan, District 1, Chairman COMMISSIONERS ABSENT: Patrick Owens, District 2 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney William E. Davis, City Planner Leslie Murray, Lieutenant Downey Police Department Vincent Rosario, Sergeant Downey Police Department Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Commissioner Morales invited everyone to Buffalo Wild Wings for a fund raising event taking place this evening for Warren High School, and reminded everyone to attend the Downey vs. Warren game this week. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo Schindler reported that the City Council approved a sales tax agreement with Downey Nissan for their new site on Firestone Blvd.; the City Council approved the use of City owned vacant lot at 9066 Firestone Blvd., for the YMCA’s Annual Christmas tree lot; and the City Council considered and approved an ordinance to move forward with activities to access the interest of the establishment of a Downtown property owner assessment district in our Downtown Downey area as a way to facilitate investment in our downtown. PUBLIC HEARINGS: 1. PLN-15-00193 (Special Event Permit): Chairman Lujan opened the public hearing for PLN- 15-0193, and Ms. Cavanagh affirmed proof of publication. Planning Commission Minutes October 21, 2015 - 2 - City Planner William Davis gave a brief PowerPoint presentation on behalf of Associate Planner Jessica Flores for the request to conduct a one-day fund raising event for the three year anniversary and “”Stay Young” exhibit at an existing cultural center (Stay Gallery), on property located at 11140 Downey Avenue, and zoned DDSP (Downtown Downey Specific Plan). The event will take place on October 23, 2015, from 7:00 p.m. to 2:00 a.m. The “Stay Young” initiative is to promote the integration of the arts into local educational curriculum. Stay Gallery will also be hosting a solo exhibition by Don Lamkin, a local artist who was the creator of the Downey Doodle- icious mural across the street at the Porto’s parking garage. City Planner Davis reviewed the surroundings, which included commercial and retail developments such as Porto’s, the Downey Gateway along Firestone Blvd., and restaurants and retail uses along Downey Ave, and a newly developed residential use (the Downey View Apartments) to the east facing the rear of the Stay Gallery. Mr. Davis reviewed the proposed site plan for the 200-300 guests, including outdoor eating and live entertainment that will take place in the rear yard. The applicant is also proposing to use the indoor 1,200 sq. ft. space, with refreshments provided for everyone in attendance. Although this is an annual event, the Downey View apartments were not occupied during the previous events. The Development Review Committee met to discuss the proposal and conditions were added to address the concerns expressed, such as the occupancy load (Building and Safety) and the potential noise impact to the residential (Police Department). As such, staff has conditions in place to address the noise impact, which is that the live entertainment shall cease at 10 p.m., as opposed to 2:00 a.m., and standard conditions are applied for Building and Safety regarding occupancy. City Planner Davis gave staff’s recommendation to adopt a resolution to approve the request for a special event permit (PLN-15-00193). Commissioner Rodriguez made inquiries regarding the hours of operation for the event, and asked if the reduction of hours had been discussed with the applicant, to which City Planner Davis explained that the applicant discussed the hours with Associate Planner Jessica Flores. However, the applicant was present to answer questions. Mr. Davis made note that last years’ event closed at approximately 1:00 a.m., but the View Apartments were not occupied at that time. Chairman Lujan called for disclosures. Commissioner Morales stated that he spoke briefly with the applicant, who asked the Commissioner if he had any questions. Commissioner Rodriguez stated that the applicant approached him to outline his position about the hours, expressing that he wanted to keep the event open later. Vice Chairman Flores stated that he had a general conversation with the applicant that did not pertain to this subject. Applicants, Valentin Flores, 10257 Haledon Ave., and Don Lamkin, 7156 Pellet St., appeared together to answer the questions the Commissioners might have. Mr. Flores said that due to his poor planning in scheduling the event on the same evening as the Downey High vs. Warren High Rival Football game, he will have late attendance for the event. He explained that in consideration of the residential neighbors, the music will face away from the Downey View Apartments, and after 11:00 p.m., they will have a softer, more casual band playing. Mr. Flores requested that the Commission consider allowing the music to continue until 12:00 a.m. Commissioner Rodriguez asked if the Downey View Apartments were open during last year’s Planning Commission Minutes October 21, 2015 - 3 - event, to which Mr. Flores responded by saying they were not occupied at that time, and Mr. Lamkin distributed flyers to the Commissioners and staff and invited everyone to attend the event. Chairman Lujan called for correspondence, to which there were none. Chairman Lujan called for those in the audience who wished to speak in favor, or against the application. There being none, Chairman Lujan closed the public hearing. Commissioner Rodriguez thanked staff for the presentation. He said that he attended the previous events and believes that the event is well done and great for the community. He prefers that the event is later in the evening; however, he is concerned for the residential neighbors being affected by noise issues. Sergeant Vincent Rosario, Downey Police Department, stated that it is a violation of the Downey Municipal Code 4602, which does not allow amplified music or instruments to be heard after 10:00 p.m. within 50 feet of residential properties. He explained that the music and noise generated from the other businesses on Downey Ave are directed away from the residential property, whereas this event will be held in the rear yard facing the residential use. The Commissioners discussed the hours of operation and options for allowing the music to continue throughout the event versus restricting the hours as conditioned with staff, noting that if the music was played after 10:00 p.m., the applicant would have to comply with the Municipal Code in keeping the music level at a low volume after 10:00 p.m. Therefore, they agreed to revise condition no. 16 to limit the hours for live entertainment from 7:00 p.m. to 12:00 a.m. The applicant was called forward to discuss the change to the hours of operation. Chairman Lujan reopened the public hearing. Don Lamkin stated that they are agreeable to the changes and said that the plan is to have the main band play from 9:00 p.m. to 11:00 p.m., followed by a quieter band playing from 11:00 p.m. to 12:00 a.m. He said that most people leave by midnight to 1:00 a.m., and after 10:00 p.m. they would be willing to have the PA facing Firestone Blvd., to draw the sound away from the View apartments. Mr. Lamkin then distributed invitations to staff and the Commissioners for the event. Chairman Lujan closed the public hearing. It was moved by Commissioner Rodriguez, seconded by Vice Chairman Flores, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 15-2944, thereby approving the request for a Special Event Permit (PLN-15-00193) with modification to condition 16 as stated. 2. PLN-15-00194 (Special Event Permit): Chairman Lujan opened the public hearing for PLN- 15-0194, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request by the Desert Reign Assembly of God Church, to conduct a one-day “Harvest Festival” event on Saturday, October 31, 2015, from 6:00 pm to 9:00 pm, which includes: live entertainment, a petting zoo, kid rides, jumpers, game booths, and food trucks. The event will take place on the Planning Commission Minutes October 21, 2015 - 4 - parking lot of the church property located at 11610 Lakewood Blvd, zoned C-P (Professional Office). Mr. Nguyen gave parking plans for the event to Secretary Cavanagh, which she distributed to the Commissioners and staff. Mr. Nguyen reviewed the surrounding area which is comprised of commercial properties to the north and residential properties to the south of the subject site. Parking will be available (45 spaces) to the south of the site, including street parking along Hall Road. Staff reviewed the request with the Development Review Committee, and there were no concerns; therefore, standard conditions were applied. Chairman Lujan called for disclosures, to which there were none. Applicant Joyce Rattan, 11610 Lakewood Blvd, Downey, informed the Commissioners that there are 77 spaces on Hall Road, and the church is providing a shuttle van to transport the visitors to and from the event, throughout the night. Commissioner Rodriguez asked how many people attend this event, to which Ms. Rattan replied that there are 300-400 visitors at any given time, and distributed flyers for the event to the Commissioners and staff. Chairman Lujan called for correspondence, to which there were none. Chairman Lujan called for those in the audience who wished to speak in favor, or against the application. There being none, Chairman Lujan closed the public hearing and asked for staff’s recommendation. Assistant Planner Nguyen stated that there have not been any issues or complaints with the event. As such, staff is recommending approval of the request for a special event permit (PLN-15- 00194). Commissioner Rodriguez asked if the Police Department had any issues with the event, to which Lieutenant Leslie Murray confirmed that there were none. The Commissioners had no issues and commented that it seems to be a fun alternative and a fun event. It was moved by Commissioner Morales, seconded by Vice Chairman Flores, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 15-2945, thereby approving the request for a Special Event Permit (PLN-15-00194). 3. PLN-15-00197 (Special Event Permit): Chairman Lujan opened the public hearing for PLN- 15-0197, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request by Warren High school to conduct a three-day carnival on October 30, 31, and November 1, 2015, on the school parking lot located at 8141 De Palma St, on property zoned R-1 5,000 (Single-Family Residential). As in previous years, the event is to raise funds to support the school athletic programs. The event includes rides, two fun houses, game booths, live entertainment and food sales. Mr. Nguyen reviewed the surrounding properties, which included neighborhood commercial combined and residential uses to the north, south and east, and residential use uses to the west. The live entertainment will consist of performances by the students. The stage will be facing north Planning Commission Minutes October 21, 2015 - 5 - to avoid any sound issues. The proposed hours of operation are as follows: • Friday, October 30, 2015, between 5:00 p.m. to 11:00 p.m. • Saturday, October 31, 2015, between 1:00 p.m. to 11:00 p.m. • Sunday, November 1, 2015, between 1:00 p.m. to 10:00 p.m. Assistant Planner Nguyen stated that during the October 8, 2015 meeting of the Development Review Committee (DRC); the Downey Police Department expressed no concern about the proposed carnival. The Building and Safety Department advised that permits are required for the proposed music stage and generator. As such conditions of approval have been added to address these concerns. The school’s parking lots will provide ample parking for the carnival guests and participants, with an estimated 465 parking spaces available on the subject site 100 spaces in the parking lot north of the tennis courts, 350 parking spaces in the easterly lot adjacent to Gurley Avenue, and 15 ADA accessible parking spaces adjacent to the school’s administrative offices along De Palma Street. The school will also maintain four (4) RMI International Security guards, who have provided security for the previous year’s events as well. Vice Chairman Flores reviewed the parking layout and the location of the speakers for the amplified music with staff. Applicant Russ Heicke, 8141 De Palma St. Downey, Warren High School Athletic Director reviewed the parking locations, and entrances. He reviewed the security plan and commented that they are only required to have three (3) security guards; however, they hired four (4) security guards, and because the Halloween falls on a Saturday, they will have six (6) hired security guards on that day. Chairman Lujan called for correspondence, to which there were none. Chairman Lujan called for those in the audience who wished to speak in favor, or against the application. There being none, Chairman Lujan closed the public hearing and asked for staff’s recommendation. Assistant Planner Nguyen gave staff’s recommendation to adopt a Resolution thereby approving the request for a special event permit (PLN-15-00197). Vice Chairman Flores stated that he was pleased that there have been no incidents with this event, and that the applicant has taken extra precaution to prepare for the event being on a Halloween weekend. Commissioner Morales stated that he had no issues and applauded Mr. Heicke in his preparation for the event, and believes that conditions are in place to address any possible concerns. Commissioner Rodriguez agreed with his fellow Commissioners; however, he preferred that although Mr. Heicke had taken the initiative to have six (6) hired security guards on Saturday, October 31, 2015, he would prefer that Condition No. 29 be modified to require the six (6), to which Lieutenant Leslie Murray agreed. Planning Commission Minutes October 21, 2015 - 6 - Lieutenant Murray added that due to previous incidents occurring at Downey High School; they are required to have six (6) hired security guards for their events. Although Warren High School has not had any incidents, only calls for fights, it would be a good precautionary measure to avoid issues. Chairman Lujan reopened the public hearing and called the applicant forward. Applicant Russ Heicke agreed to the six (6) hired security guards as a condition as long as it was only for this year’s event. Commissioner Morales noted that the modified requirement for the six (6) hired security guards applies only to Saturday, October 31, 2015. City Planner Davis confirmed that it would be for this application only; if the applicant were to have an event next year, they would discuss the conditions of approval for that event at that time. Chairman Lujan closed the public hearing. The Commissioners had no comments or questions. It was moved by Commissioner Morales, seconded by Vice Chairman Flores, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 15-2946, thereby approving the request for a Special Event Permit (PLN-15-00197) with the modification to Condition No. 29 as stated. 4. PLN-15-00165 (Site Plan Review): Chairman Lujan opened the public hearing for PLN-15- 0165, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request for a Site Plan Review to construct a 1,800 sq. ft. (30’ x 60’) garage structure on the site of an existing equipment rental business (United Rentals) located at 9606 Firestone Blvd., on property zoned M- 1 (Light Manufacturing). The Applicant proposes to use the garage to store and service portable diesel generators. In addition to the garage, the proposal includes a wall structure located along the easterly property line and near the Firestone Boulevard frontage. There will be 35 feet of separation from their existing service/office building. Mr. Nguyen reviewed the subject site located at the south side of Firestone Blvd., and Stewart and Gray Rd., and the surrounding commercial uses. The application was presented to the Development Review Committee (DRC) on August 12, 2015. The departments expressed no concerns about the proposed project other than the standard request by the Fire Department for fire sprinklers. Therefore, staff is recommending approval of the request for a Site Plan Review (PLN-15-00165). Vice Chairman Flores asked staff if the applicant is allowed to store the generators indoors, to which Mr. Nguyen explained that they can be stored outdoors, behind a screened wall. City Planner William Davis elaborated by saying that it is a City Code requirement that they are stored behind a solid wall or enclosed building. Chairman Lujan called for disclosures, to which there were none. Planning Commission Minutes October 21, 2015 - 7 - Brian Friggy, representing United Rentals, 9606 Firestone Blvd., informed that the Commissioners that the construction of the garage and wall are due to problems with theft. Vice Chairman Flores asked if the applicant will be increasing the number of generators stored, to which Mr. Friggy replied, no. Chairman Lujan called for those in the audience who wished to speak in favor, or against the application. There being none, Chairman Lujan closed the public hearing and asked for staff’s recommendation. Assistant Planner Nguyen gave staff’s recommendation that the Planning Commission adopt a resolution approving PLN-15-00165 (Site Plan Review), subject to the conditions of approval, as stated in the Planning Commission Resolution. Chairman Lujan closed the public hearing. The Commissioners had no comments or questions. It was moved by Commissioner Rodriguez, seconded by Commissioner Morales, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 15-2947, thereby approving the request for a Site Plan Review (PLN-15-00165). 5. PLN-15-00132 (Revision ‘F’ Conditional Use Permit No. 03-05) cont’d from September 16, 2015: Chairman Lujan re-opened the public hearing for PLN-15-0132. Vice Chairman Flores disclosed that he did not attend the September 16, 2015 hearing for this item; however, he did watch it on the City of Downey’s website and will therefore participate in this hearing item. Assistant Planner Kevin Nguyen gave a PowerPoint presentation of the request to modify the conditions of approval for an existing restaurant (LA/Buns/Epic Lounge), which currently operates with an Alcoholic Beverage Control (ABC) Type 41 License (On-sale Beer and Wine, Eating Place) license, on property located at 8237-39 Second Street, and zoned DDSP, Downtown Downey Specific Plan. Mr. Nguyen gave a summary of the request stating that the Planning Commission held public hearings on August 19 and September 16, 2015, to discuss the proposed modifications to extend the hours of operation for the restaurant/night club; add outdoor patios on the front of the site (facing Second Street) and a rear outdoor patio (facing the parking lot); and to revise the ABC license to a Type 47(On-sale General, Eating Place). The Planning Commission reviewed proposal to extend the hours of operation to close at 2:00 a.m. Although the Planning Commission was not opposed, the Municipal Code (Section 6507.1) requires live entertainment activities to cease at 1:30 a.m. daily. The Planning Commission expressed concerns with the applicant’s request to sell alcohol on the rear outdoor patio, and suggested more lighting and fencing around the patio and security; however, the Planning Commission expressed no concern about the outdoor front patio adjacent to LA Buns (fronting Second St), nor did they oppose the request to revise their ABC license to a Type 47(On-sale General, Eating Place). The Planning Commission discussed prevention of minors entering the lounge portion of the business and the security plan. After evaluating the project thoroughly, the Planning Commission determined that the Applicant should work with staff and the Downey Police Department to develop a security plan and revise the proposed conditions of approval for the rear patio area in regard to the patio fence Planning Commission Minutes October 21, 2015 - 8 - height, material and outdoor lighting. The applicant then gave his consent to have the Planning Commission continue the public hearing for PLN-15-00132, to a date uncertain, but not to exceed October 21, 2015. Assistant Planner Nguyen reviewed the site plan which reflected the following concerns were addressed: • The rear patio area will be secured using doors with panic hardware devices that will comply with the requirements of the Fire Department and Building Code. • The size of the rear patio has been reduced and a six-foot tall patio wall with spaced fencing to allow visibility with decorative wood material will be added. • The applicant has submitted a security plan to the Downey Police Department, which calls for a minimum of three (3) licensed security guards to be posted at various locations throughout the business and at the rear outdoor patio area. Before concluding his presentation, Assistant Planner Nguyen recommended a change to the Condition No. 10 as follows: “There shall be no age restriction on the patrons of the business; however, the licensee, owner/applicant shall take all necessary steps to ensure that no person under the age of 18 years of age will be permitted on the portion of the premises where alcoholic beverages are served in conjunction with live entertainment after 10:00 p.m. without an accompanying parent or legal guardian.” After discussing the security plan with staff, the Commissioners agreed that the following revisions should be made to Condition No. 27: ”The owner/applicant shall comply with and strictly adhere to the security plan, as approved by the Chief of Police. This shall include the owner/applicant providing a minimum of three (3) licensed and bonded, uniformed patrolmen for security. One security guard shall be posted at the entrance leading to the business on Second Street, one inside the Epic Lounge section monitoring the bar/entertainment area, and one inside the rear patio on the east side of the business. The number of security guards shall be determined by the Chief of Police and may be increased or decreased adjusted as the Chief of Police determines is necessary. In addition, the owner/applicant shall provide portable detection scanners to prevent patrons from using false identification and to help verify the age-appropriateness of patrons.” Chairman Lujan called for disclosures. Commissioner Morales stated that he had a general conversation with applicant David Devis a few weeks ago. Chairman Lujan called for a break at 8:15 p.m., and called the meeting to order at 8:21 p.m. Applicant, David Devis, 7513 Pellet Street., stated that he read the revised conditions and made a suggestion to address the issue regarding prevention of underage patrons drinking, which was to have the security guards mark the 21 and over patrons with a permanent black marker with two “X”’s, in lieu of requiring underage patrons to wear wristbands. Planning Commission Minutes October 21, 2015 - 9 - Commissioner Rodriguez agreed and asked the Police Department staff of their opinion. Lieutenant Murray said that it sounds reasonable in that they would be doing their due diligence in prevention of serving alcohol to minors. Mr. Devis reviewed the placement of the security guards, accessibility of juvenile access from the LA Buns restaurant to the Epic Lounge after 9:00 pm., the hours of operation, and dress code with the Commissioners and staff. Lieutenant Murray made note that if the applicant is operating with an ABC Type 47 license; he is required to keep the restaurant open and serve a full menu at all hours. She advised the applicant that he has the option to have a more restrictive dress code on his own. The Commissioners and staff continued reviewing the hours of operation as it pertained to the live entertainment ordinance, ABC regulations, and the applicant’s request to keep the restaurant open beyond 1:30 a.m. Assistant Planner Nguyen said that Condition No. 3 addresses hours from 7:00 pm to 1:30 am seven days a week. Commissioner Rodriguez stated that he believes the restaurant should remain open until 2:00 a.m. Applicant David Devis stated that he has some live entertainment events such as movie festivals, and “Make Music Downey” that begin at 12:00 noon, and requested that the hours for live entertainment be revised to begin at 12:00 noon. Upon review of the conditions of approval, the Commissioners agreed to revise the previously amended Condition No. 10 to strike the word “portion”, and to revise Condition No. 32 and Condition No. as follows: Condition No. 10 “There shall be no age restriction on the patrons of the business; however, the licensee, owner/applicant shall take all necessary steps to ensure that no person under the age of 18 years of age will be permitted on the portion of the premises where alcoholic beverages are served in conjunction with live entertainment after 10:00 p.m. without an accompanying parent or legal guardian.” Condition No. 32 “The owner/applicant shall impose a dress code that shall not permit patrons to wear the following after 10:00 p.m. or during the hours of live entertainment: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are worn backwards.” Condition No. 3 “Live entertainment shall be limited to live bands, disc jockeys, karaoke, and customer dancing only. Live entertainment shall not be permitted before 7:00 p.m., 12:00 noon, seven (7) days a week and shall cease by 1:30 a.m.” Planning Commission Minutes October 21, 2015 - 10 - Chairman Lujan called for correspondence, to which there were none. Chairman Lujan called for those in the audience who wished to speak in favor, or against the application. There being none, Chairman Lujan closed the public hearing. It was moved by Commissioner Morales, seconded by Vice Chairman Flores, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 15-2948, thereby approving the request for a revision to a Conditional Use Permit (PLN-15-00132) with modifications to conditions 3, 10, 27 and 32 as stated. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 6. Approval of the Minutes from October 7, 2015 It was moved by Vice Chairman Flores, seconded by Commissioner Morales, and passed by a 4-1 vote, with Commissioner Owens absent, thereby approving the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: None. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 9:03 p.m., to Wednesday, November 4th, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 18th day of November, 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 18th day of November, 2015, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission