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HomeMy WebLinkAbout3. PC Draft Minutes - 01-06-16 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JANUARY 6, 2016 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the January 6, 2016, Regular Meeting of the Planning Commission to order at 6:33 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 E. Davis, City Planner Vincent Rosario, Sergeant Downey Police Department Jessica Flores, Economic Development and Housing Manager Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Vice Chairman Flores invited everyone to attend the “Gaucho Style” event at the Stay Gallery on Thursday, January 14, 2015 at 6:30 p.m. The event will have food, wine art and stories of travel. The Commissioners wished everyone a Happy New Year. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN-15-00207 (Conditional Permit) cont’d from December 16, 2015: Chairman Lujan called staff forward to continue the public hearing for PLN-15-00207. Chairman Lujan stated that he viewed the December 16, 2015, meeting online and will participate in the hearing item PLN-15-00207. Economic Development and Housing Manager Jessica Flores reported that during the December 16, 2015, Regular meeting of the Planning Commission, staff presented the request to operate a day spa and massage therapy establishment on property located at 7847 Florence Avenue, Suite 104. During said meeting, the Commissioners discussed the conditions of approval that had been incorporated into the resolution to mitigate staffs’ concerns with the proposed use as a massage establishment. At which time, the Applicant amended her request during her testimony to allow two (2) massage tables within two (2) rooms for couples massage services at this establishment. The Commissioners expressed their concern with staffs’ conditions and the incomplete status of the fingerprinting and background check of the Planning Commission Minutes January 6, 2016 - 2 - Applicant, Irma Alarcon Bernal, by the Downey Police Department. Ms. Flores went on to say that after hearing staff’s presentation and the Applicant’s testimony, facts and opinions offered at the aforementioned hearing, the Planning Commission continued the item to its regularly scheduled meeting of January 6, 2016, pending staff’s investigation of the following issues: • Police Department response to the proposed number of massage tables within each massage room; • Review and approval of Downey Police Department fingerprinting and background check for the Applicant; and • Planning staff review of previous conditions of approval for massage establishments. Ms. Flores stated that after the conclusion of the December 16, 2015 meeting, she had received an email from the Police Department stating that they had no concerns with the increase in the tables to two tables in two rooms. They would not be able to process a second set of fingerprints or background check for the Applicant because the Applicant had already passed her fingerprinting and background check certification by the California Massage Therapy Council (CMTC). Because the State certification satisfies the requirements to allow her operate this establishment, the Police Department has no concerns with this application or with the Applicant, and recommends approval of PLN-15-00207. Staff also reviewed previously approved massage establishments going back five years; staff found that since 2010, the Planning Commission has not included a limit on tables. Therefore, Ms. Flores removed the conditions limiting the number of massage tables within each massage room and the number of employees allowed in a massage room. She concluded her report by saying that staff is recommending approval of the application, subject to the conditions of approval. Chairman Lujan called for disclosures; there being none, he called the Applicant(s) forward to give testimony. Alejandro Alarcon appeared as a translator for his mother, Applicant, Irma Alarcon Bernal, 1032 Newport Avenue, Long Beach, CA 90804. Mr. Alarcon expressed his support of the business and assured the Commission that there would be no elicit activity. He stated that the business will be very professional and strongly believes in the healing powers of massage therapy and they are anxious to get started. Applicant, Irma Alarcon Bernal, explained that her purpose is to care for people. Mrs. Bernal understands that people have concerns with massage businesses, but she wants to reassure everyone that there are a lot of rules to be certified to be a massage therapist. She takes great pride in her ability to heal through massage therapy and make her clients happy. She said that this has been her dream and she will also have her daughter helping her with the business. Mrs. Bernal expressed love for her job and takes great pride said that she will run a good business that will not have trouble with the Police Department. Commissioner Rodriguez asked how many State certified massage therapists they plan on operating with and how their certification will be displayed for public view. Mr. Alarcon replied that they will begin with two and will have up to six therapists once the business gets going and the certificates are displayed for public view. Commissioner Rodriguez asked if it is a condition of approval that they display the certificates. City Attorney Yvette Abich Garcia clarified that State law requires that they post their certifications; therefore, it does not require a condition. She stated that we are currently updating the City’s massage ordinance and explained the current permit process for licensing massage establishments. Sergeant Vincent Rosario, Downey Police Department stated that although the State licensing supersedes the City licensing, even if massage therapists are State Certified and have gone through the State background check, they are still required to register with the Police Department. Planning Commission Minutes January 6, 2016 - 3 - Commissioner Owens asked for clarification between the licensing process for a masseuse who is also the business owner and one who is an employee. Sgt. Rosario explained that in either situation, if the masseuse is State Certified, they do not require additional background checks; if they do not have a State license, the City has its own process that include Code requirements for a masseuse to have a certain amount of training at a certified Massage school. Commissioner Rodriguez asked for clarification for the Applicants’ licensing, whether it is a State license or City permit, to which Sgt. Rosario confirmed that they are CMTC licensed, which is the State license, and clarified that this license supersedes the City Police Permit as the States licensing process satisfies the requirements of the City permit process. Chairman Lujan called for correspondence; there being none he invited those in the audience who wish to speak in favor or against the application to come forward. A citizen, who did not wish to give his name, spoke in support of the project and commented that some of the conditions of approval were unconstitutional. Chairman Lujan called for staff’s recommendation, to which Ms. Flores gave staff’s recommendation to approve PLN-15-00207. City Attorney Garcia reaffirmed the constitutionality of our proceedings. Chairman Lujan closed the public hearing. Commissioner Lujan stated that he represents approximately ten other cities, and these are standard conditions in all resolutions. Chairman Lujan stated that we welcome businesses and it is our hope that they are successful. Commissioner Owens stated that he is satisfied that staff has addressed all of the concerns presented at the previous hearing and hopes Mrs. Alarcon Bernal prospers and remains in Downey for many years. Vice Chairman Flores thanked the Applicant and staff. He stated his concern was to have some consistency and input from the Police Department regarding the number of tables (two vs. one). He expressed his support of the Planning Commission. So for the City and the State think that they have implemented higher standards for something, like massage therapy, the State thinks that they have the right to regulate it. Nurses, doctors, lawyers, some professions require a higher standard of approval and massage therapy happens to be one of those. Vice Chairman said he is happy that the project is moving forward and does not believe that the City is discriminating and/or treating massage therapists throughout the City differently. While he hoped the approval could have been done at the previous meeting, he also hopes that the Applicant understands why they held it over for one more meeting. He is looking forward to her business opening in the City of Downey and that it may last for years to come. Commissioner Rodriguez said that he believes everything has been thoroughly and thoughtfully considered and he looks forward to this establishment opening up in our City. He thinks it will be terrific and gave his congratulations. Commissioner Morales stated that we are being consistent, and he had no issues or concerns. Chairman Lujan stated that he understands that the Applicants had to go through a very long process to get the approval, and explained that there are a lot of steps to go through with a very good staff that is overworked; although they would like to give the approval the next day, they have to go through each of the steps. Planning Commission Minutes January 6, 2016 - 4 - It was moved by Commissioner Rodriguez and seconded by Vice Chairman Flores and passed by a 5-0 vote, to adopt Resolution 16-2956, thereby approving the request for Conditional Use Permit (PLN-15- 00207). NON-AGENDA PUBLIC COMMENTS: A citizen, who did not wish to give his name, made comments in regard to the Brown Act, and ADA requirements for street repairs. CONSENT CALENDAR ITEMS: 2. Approval of the Minutes from December 16, 2015 It was moved by Commissioner Morales seconded by Commissioner Owens and passed by a 4-0-1 vote, with Chairman Lujan abstaining, to approve the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director Schindler invited the Commissioners to the Grand Openings for Floor & Décor on January 13th and the Lazy Dog Restaurant on January 19th, at the new Promenade mall. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 7:15 p.m., to Wednesday, January 20, 2016, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 20th day of January, 2016. 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 20th day of January, 2016, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission