Loading...
HomeMy WebLinkAbout4. PC Draft Minutes - 05-18-16 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MAY 18, 2016 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Flores called the May 18, 2016, Regular Meeting of the Planning Commission to order at 6:34 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Hector Lujan, District 1 Patrick Owens, District 2 Louis Morales, District 3 Matias Flores, District 4, Chairman Jim Rodríguez, District 5, Vice 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 Monica Esparza, Associate Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: The Commissioners commented on their attendance at the groundbreaking ceremony for the KB Homes condominium development at the former Gallatin Medical site on Paramount Blvd, and Commissioner Morales also commented on his attendance at the Contract Cities Conference in Indian Wells, CA. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo Schindler reported that the City Council approved the following three items: 1) A Zone Change from General Manufacturing to Hospital Medical; 2) The CDBG Home Action Plan; and 3) A presentation of the preliminary downtown parking study. PUBLIC HEARINGS: 1. PLN-16-00104 (Special Event Permit): Chairman Flores opened the public hearing for PLN-16- 00104, and Ms. Cavanagh affirmed proof of publication. Planning Commission Minutes May 18, 2016 - 2 - Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request by the Stay Gallery to conduct a one-day special event (STEAM Festival 2), on the parking lot of the Downey Schools Federal Credit Union located at 8237 Third Street, on Saturday June 4, 2016, from 10 a.m. to 4:00 p.m. The event also proposes to utilize New Street between Third St. & Fourth St., and Third Street between New Street and Downey Avenue. Assistant Planner Nguyen explained that the STEAM Festival 2 will be held to promote community gathering involving children of all ages and their families, while allowing children the opportunity to demonstrate their talents in (Science, Technology, Engineering, Arts, and Mathematics). The outdoor activities include: two canopies for registration, 12 STEAM stations (game activities), an outdoor stage for presentation, and disc jockeys with amplified sound. No foods or beverages will be served during the event. All outdoor activities will cease by 4:00 p.m. on Saturday, June 4, 2016, and site clean-up will occur immediately after the event, between the hours of 4:00 p.m. and 6:00 p.m. Assistant Planner Nguyen reviewed the surrounding uses and explained that the applicant proposes to utilize a section of the New St. and Third St. intersection for their event. Proposed street closures include New St., between Third St. and Fourth St., and Third St., between New St and Downey Ave. During the application review by the Development Review Committee (DRC), the Fire and Police Departments were concerned about closing off a section of Third and New Streets during the STEAM event because it will be held the same day as the annual Saint George Greek Orthodox Church Carnival. They stated that closing Third St. will be a safety issue and will be difficult for the public, Police and Fire vehicles use the streets for an emergency. Both Fire and Police Departments requested that Third Street between Downey Avenue and New Street remain open for public access during the event. Staff added a condition of approval under PLN- 16-00104 that the applicant must obtain approval from the City Council for the street closures. The Commissioners briefly discussed the street closures and options for directional signs for the event with staff. Chairman Flores called for disclosures. No one had anything to disclose; therefore, Chairman Flores called the applicant forward to give testimony. Applicant Valentin Flores, Executive Director, Stay Gallery, 11140 Downey Avenue, Downey, gave a brief summary of the STEAM event and how it makes education fun. The event is hosted by the Stay Gallery, Downey Unified School District and Downey Federal Credit Union. Mr. Flores explained the activities that are requiring the street closure and expressed concern that the closure is primarily for the children’s safety. Chairman Flores asked if staff received any correspondence, to which Assistant Planner Nguyen replied by saying, no. Chairman Flores invited members of the audience who wished to speak in favor or against the application to come forward. An unidentified speaker spoke in favor of the application. There being no further comments, Chairman Flores closed the public hearing. The Commissioners discussed the logistics and public safety regarding the street closure. Planning Commission Minutes May 18, 2016 - 3 - Director Schindler explained that Conditions two and three will be removed, and Condition Number 19 will be revised to Number 17 and read as follows: 17. The owner/applicant shall obtain all required permits and approvals from the Downey City Council for the closure of any street during the event with any appropriate signage as deemed necessary. The Commissioners unanimously supported the application and commented on it being a great venue that will expand on previous years’ event to help students learn and create a positive attitude toward school. It was moved by Commissioner Morales, seconded by Commissioner Lujan, and passed by a 5-0 vote; to adopt Resolution 16-2982, thereby approving the request for a Special Event Permit (PLN-16-00104) with modified conditions of approval as stated. 2. PLN-16-00081 (Conditional Use Permit): Chairman Flores opened the public hearing for PLN- 16-00081, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request to allow an existing restaurant (Uncle John BBQ Grill & Poke Sushi), to operate with a State of California Department of Alcoholic Beverage Control (ABC) Type 41 license (On-Sale, Beer & Wine – Public Eating Place). The site is located at 9952 Lakewood Blvd. and zoned C-2 (General Commercial). Mr. Nguyen reviewed the surrounding commercial uses which include professional and medical offices to the north and south of the subject site, single family residential to the east side of the site, and a used car sales lot on the west side of Lakewood Boulevard. The purpose of the request is to increase sales/revenue for the restaurant. The hours of operation are Monday through Saturday from 11:00 a.m. to 9:00 p.m. and closed on Sundays. During the Development Review Committee (DRC) meeting, the Building & Safety Division, Planning, Police and Fire Departments had no concerns about the proposed ABC license and provided their standard conditions of approval. However, the Police Department added a condition of approval to prohibit loitering on the subject site. Mr. Nguyen concluded his report with staff’s recommendation that the Planning Commission adopt a resolution approving PLN-16-00081, subject to the conditions of approval. Chairman Flores asked what the prior use was at the subject site, to which Assistant Planner Nguyen explained that the previous use was also a restaurant (Midori Sushi) with an ABC license. However, because the previous restaurant had been closed over a year, the license did not carry over; therefore, the new restaurant is required to apply for the ABC license. Chairman Flores called for disclosures; there being none, he called the applicant forward to give testimony. Daniel Hong, translator for applicant IL Koo Nam, stated that Mr. Nam opened the restaurant at the beginning of this year and has observed afterhours loitering and has been working with the landlord who has installed cameras and will post signs and educate customers that they are not to stay afterhours. Planning Commission Minutes May 18, 2016 - 4 - The Commissioners asked if the applicant owns any other restaurants and requested a description of the cuisine. Mr. Hong explained that this is Mr. Nam’s first restaurant. He was raised in Argentina with Barbeque cuisine and worked in Los Angeles as a Sushi Chef. He has combined the two foods for his own restaurant. Chairman Flores asked if staff received any correspondence regarding this request, to which Assistant Planner Nguyen replied, no. Chairman Flores invited members of the audience who wished to speak in favor or against the application to come forward. An unidentified speaker spoke against the application. Cecilia Rodriguez asked how the owner will control the patron’s alcohol intake. With no further comments, Chairman Flores called the applicant forward for rebuttal. Daniel Hong speaking for IL Koo Nam stated that the concerns expressed by the unidentified speaker were not only concerns pertaining to the restaurant, but to the whole country. Mr. Hong advised the Commissioners that if they notice anyone drinking excessively they will contact the authorities and do all they can to monitor their patrons to prevent any problems. Chairman Flores closed the public hearing. After a very brief discussion with staff regarding the ABC regulations and enforcement, the Commissioners agreed that the request goes with the use/restaurant and they expressed no concerns with the request. It was moved by Vice Chairman Rodriguez, seconded by Chairman Flores, and passed by a 5-0 vote; to adopt Resolution 16-2983, thereby approving the request for a conditional use permit (PLN-16-00081). 3. PLN-16-00084 (Conditional Use Permit): Chairman Flores opened the public hearing for PLN- 16-00084, and Ms. Cavanagh affirmed proof of publication. Associate Planner Monica Esparza gave a brief PowerPoint presentation of the request to allow a foot massage establishment (LA Sunshine Foot Spa), on property located at 9063 Imperial Highway and zoned C-2 (General Commercial) and P-B (Parking Buffer). The subject site is surrounded by commercial uses and residential uses to the south and across Imperial Highway. Associate Planner Esparza explained that the establishment uses the reflexology technique also used for pain management. During the Development Review Committee (DRC) meeting, the Fire, Building and Engineering Departments expressed no concerns. The Police Department had concerns regarding the capability to install partitions between the chairs for privacy; however, conditions have been added to mitigate their concerns. Planning Commission Minutes May 18, 2016 - 5 - Chairman Flores called for disclosures. Since no one had any disclosure to speak on, he called the applicant forward to give testimony. Applicant, Marta Alvarez, stated that she is the designer of the project, and is representing her client. Ms. Alvarez explained that the client would receive treatment from their recliner chair. The Commissioners asked if the applicant understood the condition that there would be no private rooms, how many technicians would be employed and do they also massage hands and arms. Ms. Alvarez explained that the process is similar to that of a pedicure and there would be no need for private rooms. The establishment will operate with approximately four technicians plus the owner, and will massage feet only. Ms. Alvarez also clarified that the massages are feet only, no hands or arms. Commissioner Morales asked if this type of massage technician requires State certification or licensing, to which staff confirmed by saying yes and it is a condition of approval. City Attorney Yvette Garcia gave direction on technicians who are not State licensed. Chairman Flores asked if staff received any correspondence regarding this request, to which Associate Planner Esparza replied by saying no. Chairman Flores invited members of the audience who wished to speak in favor or against the application to come forward to give testimony. An unidentified speaker spoke in favor of the application. The Commissioners had no concerns and called it a good project and commented that it is nice to see a vacant site occupied. It was moved by Commissioner Lujan, seconded by Commissioner Morales, and passed by a 5-0 vote; to adopt Resolution 16-2984, thereby approving the request for a Conditional Use Permit (PLN-16-00084). NON-AGENDA PUBLIC COMMENTS: An unidentified speaker spoke against government agencies and expressed opinions regarding ADA pedestrian access. CONSENT CALENDAR ITEMS: None. OTHER BUSINESS: Director Schindler announced that the City has received plans for a new Creamistry ice cream shop to be located at the corner of north east corner of Downey Avenue and Firestone Boulevard, next to the Stay Gallery. STAFF MEMBER COMMENTS: Vice Chairman Rodriguez asked if the vacancy has been filled for the site located at Third St. and Downey Avenue, to which Director Schindler replied, no. Planning Commission Minutes May 18, 2016 - 6 - ADJOURNMENT: With no further business to discuss, Chairman Flores adjourned the meeting at 7:55 p.m., to Wednesday, June 1, 2016, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. PPROVED AND ADOPTED this 1st day of June, 2016. Matias Flores, 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 1st day of June, 2016, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission