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Home My WebLink AboutPC Minutes 12-16-15MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, DECEMBER 16, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Vice Chairman Flores called the December 16, 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: COMMISSIONERS ABSENT: Patrick Owens, District 2 Louis Morales, District 3 Matias Flores, District 4, Vice Chairman Jim Rodriguez, District 5 Hector Lujan, District 1, Chairman OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney William E. Davis, City Planner Jessica Flores, Economic Development and Housing Manager Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS: Commissioner Owens commented on his attendance of the soft opening of the Cinemark Theater and the amenities that enhanced his movie watching experience. Commissioner Rodriguez touched upon the progress made at the new Promenade mall and said that the amount of lighting surrounding the new 24 hour Fitness was exceptional, calling it a great project. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN -15 -00207 (Conditional Permit): Chairman Lujan opened the public hearing for PLN -15 -0207, and Ms. Cavanagh affirmed proof of publication. Economic Development and Housing Manager Jessica Flores gave a brief PowerPoint presentation of the request of to operate a day spa and massage therapy establishment on property located at 7847 Florence Avenue, zoned C -2 (General Commercial) and P -B (Parking Buffer). Ms. Flores reviewed the surroundings, which included residential uses to the north and west, and commercial uses along Florence Avenue. The subject site is located within a multi- tenant building with both office and retail uses. The Applicant proposes to occupy Suite 104 and also take over Suite 114, and combine them into one unit. The combined space will include a lobby area, bathroom, storage area, three (3) massage therapy rooms, and one (1) facial room. The proposed hours of operation are 10:00 a.m. to 9:00 p.m. Sunday through Saturday. The Applicant will own and operate the proposed business establishment and will hire approximately three to five state - certified employees a few months after opening. During the meeting of the Development Review Committee (DRC), the Building & Safety Department indicated a concern that the Planning Commission Minutes December 16, 2015 restroom does not meet current ADA requirements; however, this will be reviewed during plan check for the tenant improvements. The Police Department expressed concerns about other cities problems with elicit activity (prostitution) at day spas and massage establishments. Therefore, Ms. Flores requested a copy of the applicant's current California Massage Therapy Council certificate and required her to begin the City's Police Permit process, both of which require fingerprinting and background checks, prior to the Planning Commission's review of this application. Additionally, she is recommending a condition of approval that prohibits more than one (1) employee within a closed room at any time, and requires the Applicant to maintain visibility through the front windows of the establishment at all times. Ms. Flores stated that the Applicant has already submitted her fingerprints and begun the process for her background check; however, the results have not been received. The Commissioners discussed continuing the hearing until the background check is complete with staff and the City Attorney. Alejandro Alarcon appeared as a translator for his mother, Applicant, Irma Alarcon Bernal, 1032 Newport Avenue, Long Beach, CA 90804. Commissioner Rodriguez asked if Carlos Macias, who was noted on the staff report, was also an applicant, Associate Planner Flores clarified that "Carlos Macias" was a typo and should be removed; the record should reflect Irma Alarcon Bernal as the Applicant. Commissioner Rodriguez asked the Applicant if she any had previous experience operating this type of business. Mr. Alarcon explained that she has been working as a massage therapist for the last four (4) years, but has never operated a massage establishment; this will be her first business. Vice Chairman Flores asked if the Applicant understood the conditions of approval, to which Mr. Alarcon explained that the she understands the conditions, but had a request to revise the first condition, which is to allow two (2) tables in two (2) of the rooms to accommodate couples. He explained that they forgot to mention it to Associate Planner Flores and it is crucial to their business especially during holidays such as Valentine's Day for couples, and Mother's Day for moms and daughters. They propose to operate the couple's rooms with two (2) tables, for two (2) customers, with two (2) employees. The Commissioners asked the Applicant about her experience as a massage therapist and the process for couple's massages of her previous places of employment. Ms. Bernal reiterated Mr. Alarcon's explanation that most customers request couple's massages during the holidays; however, there are others who prefer couples' massage. She said that she would review their pain issues with them first, and allow them time to prepare for the massage. She said that she previously worked for Massage Envy and her customers were always treated respectfully. Commissioner Rodriguez asked if there is a temporary restroom available that meets ADA requirements for their customers use until they have completed tenant improvements, to which Mr. Alarcon stated that they do have one'available in the hallway for disabled patrons. Commissioner Rodriguez questioned the couples massage as it pertained to possible elicit behavior. Associate Planner Flores explained that the Police Department has standard conditions of approval for this use that are a few years old; if the Planning Commission should approve the two tables, they would have to modify Condition 1 and Condition 9. Vice Chairman Flores called for correspondence; there being none, he invited members in the audience who wished to speak in favor or against the request. There being none, Vice Chairman Flores closed the public hearing. -2- Planning Commission Minutes December 16, 2015 The Commissioners discussed their concerns regarding the following: • The incomplete status of the background check. • Review of prior conditions of approval for massage establishments. • The City Code regarding the use of two beds and multiple employees and the Police Departments recommendation. • Options to continue the public hearing to allow the Police Department to review and update their conditions of approval. Vice Chairman Flores reopened the public hearing and asked the Applicant if she would be willing to continue the public hearing to the next meeting of January 6, 2016 to address the issues discussed, to which Mr. Alarcon agreed. It was moved by Commissioner Rodriguez, seconded by Commissioner Owens and passed by a 4 -0 vote, to continue the public hearing to the next meeting of January 6, 2016 NON - AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 2. Approval of the Minutes from December 2. 2015 It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 4 -0 vote, to approve the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: The Commissioners wished everyone a Merry Christmas and Happy Holidays. Director Schindler gave an update of the Promenade Mall, with the Lazy Dog scheduled to open in January 2016 and the remainder of the project is scheduled to be completed by August, 2016. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 7: 29 p.m., to Wednesday, January 6, 2016, at 6:30 p.m. at Downey City all, 11111 Brookshire Ave. APPROVED AND ADOPTED this 6th day of January, 2016. Katias Flores, Vice 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 6th day of January, 2016, by the following vote: AYES: COMMISSIONERS: Flores, Morales, Rodriguez and Owens ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Lujan NOES: COMMISSIONERS: None L41W � ___'/ k Mary Cav agh, Secretary City Plan ing Commission -3-