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HomeMy WebLinkAboutPC Minutes 09-16-15MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, SEPTEMBER 16, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the September 16, 2015, Regular Meeting of the Planning Commission to order at 6:40 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 Jim Rodriguez, District 5 Hector Lujan, District 1, Chairman COMMISSIONERS ABSENT: Matias Flores, District 4, Vice Chairman OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Michelle Molko, Special Counsel for the City William E. Davis, City Planner Leslie Murray, Lieutenant Downey Police Department Vincent Rosario, Sergeant Downey Police Department David Blumenthal, Senior Planner Jessica Flores, Associate Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS: Commissioner Rodriguez and Chairman Lujan commented on their attendance at the International Food Festival (IFF) event, formerly known as "The Taste of Downey" and said that it is a great event with a lot of great food, music, ambience and great attendance. PRESENTATIONS: None, CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo Schindler reported that the City Council heard the second reading of the Downtown Specific Plan Amendment for the off -site parking agreement that came through the Planning Commission. The Council also approved a purchase and sale agreement for a piece of land the City owns at 8132 -34 Third St. The sale agreement is with the Olson Urban Housing Company, who is proposing to build a housing development. PUBLIC HEARINGS: Due to a conflict of interest, Commissioner Rodriguez recused himself from PLN -15- 00173, Vice Chairman Flores was absent and Commissioner Morales arrived late. Therefore, due to a lack of Planning Commission Minutes September 16, 2015 Melissa Villasenor, 12326 Chavers Ave., Downey, spoke in favor of the project, and spoke very highly of Mr. White's character and of his contribution to the City and Downey Community activities. Mrs. Villasenor emphatically gave her complete support of the project. Chairman Lujan closed the public hearing. Commissioner Rodriguez thanked the members of the audience who were present to support the applicant. He said that the building is sad and this project will be a good use for the site and looks forward to it becoming a great contribution to our City. Commissioner Morales apologized for being late and thanked everyone for coming out to support the applicant. He agreed that the site had been neglected for many years and agreed that this is a good use for this site; he sees no issues and believes that the conditions cover the use. Commissioner Owens thanked staff for her presentation and complimented Mr. White, by saying that it says a lot about a person's character when people come out in numbers to support him. The previous use caused a lot of late night scuffles and this will be a positive use. He supports the request. Commissioner Rodriguez stated that conditions six and ten are duplicates and asked that one be deleted. It was moved by Commissioner Rodriguez, seconded by Commissioner Owens, and passed by a 4 -1 vote, with Vice Chairman Flores absent, to adopt Resolution 15 -2938 with Condition No. 10 deleted, thereby approving the request for a Conditional Use Permit (PLN -15- 00163). 1. _PLN -15- 0+0173 (Special Event Permit): Chairman Lujan opened the public hearing for PLN -15- 00173, and Ms. Cavanagh affirmed proof of publication. Due to a conflict of interest, Commissioner Rodriguez recused himself from this item and left the Chambers. Associate Planner Jessica Flores gave a brief PowerPoint presentation of the request by Our Lady of Perpetual Help School (OLPH) to operate their annual carnival for three consecutive days (October 16, 17 and 18, 2015) in the school parking lot on property located at 10441 Downey Ave, zoned R -3 (Multi - Family Residential). The carnival is a fundraiser for capital improvements for the school that has operated since 1998. Ms. Flores stated that there will be no changes to the carnival; the activities will include mechanical rides, jumpers, a beer garden, kiddie rides, food sales, live entertainment, and games. The hours of operation are as follows: • Friday, October 16, 2015, between the hours of 5:00 p.m. and 10:30 p.m. • Saturday, October 17, 2015, between the hours of 12:00 p.m. and 11:00 p.m. • Sunday, October 18, 2015, between the hours of 12:00 p.m. and 8:30 p.m. Associate Planner Flores reviewed the subject size and the surrounding uses. Ample parking is provided with parking located to the north and south of the site, the (OLPH) church parking lot, and arrangements have been made to allow the use of St. Mark's parking lot across the street, as well as street parking along Downey Avenue and La Reina. -3- Planning Commission Minutes September 16, 2015 Resolution No. 15 -2939, thereby approving the request for a Special Event Permit (PLN -15- 00173), subject to conditions of approval and with the added condition no. 29 as stated. Commissioner Rodriguez re- entered the Council Chambers. Commissioner Morales recognized former Planning Commissioner Robert Kiefer in the audience. 3. PLN -15 -00076 (Site Plan Review): Chairman Lujan opened the public hearing for PLN -15- 00076, and Ms. Cavanagh affirmed proof of publication. Senior Planner David Blumenthal gave a PowerPoint presentation of the request by Downey Nissan to construct a new car dealership on a vacant lot located at 7321 Firestone Blvd. and zoned C -M (Commercial Manufacturing). The applicant proposes to construct a new 45,670 square foot building that includes a showroom, customer areas, office space, and 36 bay repair facilities. In addition to the building, the development area will be improved with parking, vehicle display and storage areas. Mr. Blumenthal reviewed the properties surroundings the subject site, at the corner of Firestone Blvd., and Old River School Rd. The north side of the property is bounded by the Union Pacific Railroad right -of -way, which bisects the City. Across this 100' wide right -of -way are residential properties, and to the east of the project site (across Old River School Rd) are a variety of retail, office, and other commercial uses, and commercial uses to the west. Senior Planner Blumenthal stated that Downey Nissan has outgrown the site currently located at 7550 Firestone Blvd, and is proposing to relocate to the larger location. Mr. Blumenthal reviewed the design of the dealership that is consistent with Nissan's current contemporary corporate red and silver aluminum glaze design. The site will be improved with drought tolerant landscaping surrounding the property that will include Australian Willow and Brisbane Box trees designed to allow visibility of cars to spectators, while screening the residential properties to the north. Mr. Blumenthal reviewed the comments presented at the Development Review Committee, that addressed emergency access, increase in landscape and buildings are solar ready, all of which have been included in the design. Commissioner Rodriguez asked about fencing on the east side of the property that was not addressed in the conditions of approval, to which Senior Planner Blumenthal stated that there will be a wall to secure their storage, but the applicant did not have the plans for it at this stage. However, the Commission can require the wall by adding it to the conditions. Chairman Lujan called for disclosures, to which there were none. Tim Hutcherson, 7550 Firestone Blvd., explained that the back lot will be fenced for security purposes but the materials for the fencing have not been decided. Mr. Hutcherson said that Nissan came to Downey in 2007 and has outgrown their current location. Commissioner Rodriguez asked if the circular area at the front is raised, and if it will maintain a monument sign, to which Mr. Hutcherson replied that it is raised about 18" and will be used as display. Commissioner Rodriguez said that he would like to see something there to make it pop. -5- Planning Commission Minutes September 16, 2015 operation for the restaurant, to add two outdoor patios and to change the ABC license from a Type 41 (On -sale Beer and Wine, Eating Place) to a Type 47 (On -sale General, Eating Place). They also received eight (8) statements during the public hearing in support of the proposed request. After reviewing the proposed conditions of approval, the Planning Commission gave staff direction to revise them with greater emphasis given to the proposed hours of operation, food sales, and allowing a six -month review of the activities on the subject site. The Planning Commission also requested that all relevant conditions of approval found in previously approved CUP modifications be combined as one revised set of conditions, and that staff review the dance hall ordinance for consistency with the requested hours of operation. With that, the Planning Commission continued the PLN -15 -00132 public hearing to a date uncertain. Assistant Planner Nguyen reviewed the Downey Municipal Code Section 6507.1 as it pertains to hours of live entertainment, specifically Dance Halls, which stipulates: "No person shall operate any premises or carry on any activity at any such premises for which a permit is required under this part between the hours of 1:30 a.m. and 10:00 a.m." This means all live entertainment activities shall cease at 1:30 a.m., seven days a week. The applicant is requesting to provide food service and live entertainment until 3:00 a.m. Thursday through Sunday and until 2:00 a.m. Monday through Wednesday. Therefore, the applicant will be required to apply for a Code Amendment to change the hours of live entertainment. Commissioner Rodriguez asked for clarification on conditions 22 and 17 that appeared to be the same, to which City Planner William Davis clarified that they both express the concerns presented by the Commissioners and it is up to the Planning Commission to decide if the added wording is necessary. The Commissioners discussed the hours of operation for the restaurant portion of the business with staff and noted that other restaurants in the City remain open 24 hours, to which Mr. Davis made note that it has been the Planning Commissions practice to have restaurants in the downtown area close by 2:00 am and stop serving alcohol by 1:30 am. The Commissioners reviewed the issue of age limits with staff, to which Director Schindler advised the Commissioners that the applicant will have to work with the Police Department to come up with a security plan to combat underage drinking. Chairman Lujan called for disclosures, to which Commissioner Rodriguez stated that he walked the site on the day of the International Food Festival (September 12, 2015). Applicant David Devis, 8156 Pellet St., clarified that the restaurant does not have to be open if alcohol is not being served, giving examples of events such as film festivals. He said that the restaurant is usually open, but he wants to have options. Director Schindler pointed out the challenge is that there are two businesses operating as one business, there is a lot of gray area, and this is an issue for staff. The City does not restrict restaurants from operating 24 hours. City Planner Davis gave examples of problems with other businesses in the City having problems with live entertainment and having people dancing in the aisles, or going beyond their allowed hours of operation, there is a greater opportunity to be a nuisance to the neighbors, which is why the Planning Commission has constraints. rRI Planning Commission Minutes September 16, 2015 Director Schindler inquired as to the operation of the Acapulco Restaurant, which operates both a bar and restaurant at one location. Sergeant Rosario explained that the patrons for the bar have a separate entrance. The City also has a curfew, whereas anyone under 18 years of age must be accompanied by an adult in any public place. Lieutenant Murray explained that the difficulty in allowing patrons 18 years and older with wristbands, is that the Police Department would have to go into each establishment to verify the age of each person and whether or not alcohol is being consumed by the minors, and it would make it that much more difficult to manage. She said that it would also be another set of issues with people trying to get into the bars. Commissioner Morales pointed out that the conditions state that he is restricted from selling alcohol on the patios, to which Mr. Devis replied that he was not aware of the restriction and would like the option to sell alcohol on the patio. Commissioner Rodriguez said that he wants more restrictions, more security and wristbands and believes that there is more work to be done. Commissioner Owens made note that you cannot access the restroom from LA Buns, you have to have security escort the underage patrons to use the Epic Lounge restroom, to which Mr. Devis replied that he will be making renovations and opening up to wall to allow greater entrance into Epic Lounge. Commissioner Owens responded by saying that what they talked about was not representative of what was said at the start. Chairman Lujan advised Mr. Devis that he must be clear on what he wants and has to read the resolution with the conditions of approval. City Planner Davis asked the Commissioners for more direction on the conditions and the security plan. The Commissioners discussed the following with staff: • Age restrictions and arm bands. • Full kitchen open at all times alcohol is being served. • Owner to clarify upgrades and patio options. • Lighting, outdoor patio wall /protective barrier, and security plans required. • The required amount and placement of security staff. • Revisions to Conditions to require the applicant is compliant with ABC regulations. Chairman Lujan reopened the public hearing. Mr. Devis advised the Commissioners that he currently maintains three security staff, one at each door and one inside the premises. He suggested that the patio wall be as high as the Code allows, and informed the Commission that the rear patio also serves as the entrance for Epic Lounge. is Planning Commission Minutes September 16, 2015 Review Committee (DRC) meeting, the Downey Police Department provided their standard conditions of approval and expressed no concerns about the proposed business. The Planning Division and the Fire Department developed their conditions during the application's review process. Chairman Lujan called for disclosures, to which there were none. Applicant, Ernest Ramirez, 12403 Central Ave, # 378, Chino, CA stated that he currently owns two Massage Green Spa locations and gave a brief over view of the company's services, and compared them to Massage Envy. Commissioner Rodriguez asked about the membership process, to which Mr. Ramirez explained that they are on a month to month basis and reviewed the benefits as compared to their competitor Massage Envy. Commissioner Morales said that the location is suitable for the use. Chairman Lujan called for correspondence, to which there was none. Owner Mathew Rodman, Furst Enterprises, 8955 National Blvd., Los Angeles, stated that he visited the Massage Green Spa facility before entering into an agreement and described the facility as a beautiful, high end establishment that is well suited for the community and believes neighbors are equally excited about them moving into the property. Mr. Rodman requested that a correction be made to the, staff report and resolution to reflect that the tenant space to be occupied by the applicant will be both 9216 and 9218 Lakewood. Chairman Lujan called for staff's recommendation, to which Assistant Planner Nguyen gave staff's recommendation to approve the request for a CUP 03 -05 (PLN -15- 00160) subject to conditions of approval. Chairman Lujan closed the public hearing. The Commissioners said that this they are excited about the project and believe it is a good use for the location that is quickly becoming a destination point. It was moved by Commissioner Rodriguez, seconded by Commissioner Owens, and passed by a 4 -1 vote, with Vice Chairman Flores absent, to adopt Resolution 15 -2941, with the address correction to reflect 9216 and 9218 Lakewood Blvd, thereby approving the request for a Conditional Use Permit (PLN -15- 00160). NON - AGENDA PUBLIC COMMENTS: None, CONSENT CALENDAR ITEMS: 6. Approval of the Minutes from September 2 2015 It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 4 -1 vote, with Vice Chairman Flores absent, to approve the Consent Calendar. - 11 -