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HomeMy WebLinkAboutPC Minutes 10-21-15PC 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 Rodriguez, 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 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 -3- Planning Commission Minutes October 21, 2015 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. -5- Planning Commission Minutes October 21, 2015 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 -7- Planning Commission Minutes October 21, 2015 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 of the premises wheFe alGeheliG beyeFages arc cpyed in GeniunG +inn with li „o enteFtainmen+ 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."