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HomeMy WebLinkAbout5. PC Draft Minutes - 04-06-16 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, APRIL 6, 2016 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Flores called the April 6, 2016, Regular Meeting of the Planning Commission to order at 6:30 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 Louis Morales, District 3 Matias Flores, District 4, Chairman Jim Rodríguez, District 5, Vice 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 David Blumenthal, Principal Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Vice Chairman Rodriguez requested a six month review of a Conditional Use Permit at Epic Lounge and an update regarding a dispute between industrial property neighbors at Woodruff Avenue and Stewart and Grey. City Attorney Garcia advised the Commissioners that she is in contact with the property owner, providing him with updates regularly, and staff continues to enforce the conditional use permit. The business is no longer in operation and staff is working with the owner to resolve the violations on the property. Chairman Flores stated that he had been hearing complaints of vandalism and cars being broken into along Gallatin Road between Brookshire Avenue and Lakewood Boulevard and asked that staff provide an initial report and plan to prevent further issues. Commissioner Morales acknowledged Mr. Andrews in the audience. PRESENTATIONS: None. CHANGES TO THE AGENDA: Vice Chairman Rodriguez asked to change the order of the agenda, to reverse public hearing Items 4 and 5. Chairman Flores asked if there were any objections, to which there were none. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN-15-00223 (Zone Changes and Tentative Parcel Map No. 73791 Continued from March 16, 2016): Chairman Flores opened the public hearing for PLN-15-00223, and Ms. Cavanagh affirmed proof of publication. Planning Commission Minutes April 6, 2016 - 2 - Principal Planner Blumenthal gave a presentation of the request to combine six parcels into a single lot and rezone the site from M-2 (General Manufacturing) to H-M (Hospital Medical Arts), on property located at 11434 -11446 Downey Avenue and 8307 Iowa Avenue. Principal Planner Blumenthal explained that the proposed application was set for public hearing on March 16, 2016; however, due to a lack of time, the Planning Commission continued the request until April 6, 2016, without accepting any public testimony. Staff‘s complete analysis of the project is in the attached report, dated March 16, 2016. The purpose is to change the zoning to medical office, in anticipation of selling the property and to prepare it for a medical use. The subject site is surrounded by Medical uses and Downey Regional Hospital. Staff does consider the zoning request to be consistent with General Plan and a good development site for future medical use. Disclosures: Vice Chairman Rodriguez walked the site today at 5:15 p.m. Applicant, Mohammad Multani, 8333 Iowa St., stated that he had purchased the three properties with the intent to develop them into a general medical office building. The Commissioners made inquiries regarding the applicant’s intentions for the development, to which Dr. Multani clarified his intent is to sell the medical office building, with an alternative plan to lease the medical office suites. Correspondence: None. Speakers: None. Staff’s recommendation is the Planning Commission adopt a resolution recommending the City Council approve the request for a Zone Change, and adopt a resolution to approve the request for Tentative Parcel Map No. 73791, subject to conditions of approval. Chairman Flores closed the public hearing. The Commissioners spoke in favor of the application and said it is a good project for the area. It was moved by Commissioner Morales, seconded by Commissioner Lujan, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 16-2969, thereby recommending the City Council approve the request for a Zone Change (PLN-15-00223). It was then moved by Commissioner Morales, seconded by Vice Chairman Rodriguez, and passed by a 4- 1 vote, with Commissioner Owens absent, to adopt Resolution 16-2970, thereby approving the request for Tentative Parcel Map No. 73791 (PLN-15-00230). 2. PLN-15-00240 (Revision ‘A’ to Conditional Use Permit PLN-15-00061) Continued from March 16, 2016: Chairman Flores called staff forward to continue testimony on PLN-15-00240. City Planner William Davis reviewed the request continued from March 16, 2016, to allow an existing restaurant (Mariscos Choix) located at 8104 Firestone Blvd., to modify their conditions of approval to expand the entertainment activities. After hearing all testimony, the Commission reviewed the request and agreed to approve pay-per-view events, a fourth musician with amplified music on site, and added a condition requiring the applicant to provide City staff with a floor plan of the patio area. The increase of hours for live entertainment would be denied. With the applicant’s approval, the meeting was continued to today. Staff has prepared two resolutions for approval, and Downey Police Department staff is present to address issues presented at the previous meeting. Planning Commission Minutes April 6, 2016 - 3 - Lieutenant Murray read the following statement into the record: “I would like to address the Commission on behalf of Police Chief Charles. During the last Commission Meeting, Senior Planner William Davis presented the staff report regarding Mariscos Choix’s request for changes to their conditional use permit. The presentation consisted of the Staff Report, a statement from the applicant’s attorney, a lengthy applicant presentation, a statement from the applicant’s business partner and a statement from a private investigator hired by the applicant. As you’ll recall, this series of presentations began at about 10:45 and concluded just before midnight, at which time the commission began their discussion of the matter. During this process, there were several issues brought up by the applicant with regard to the Police Department “targeting” Marisco’s Choix or “retaliating” against them, implying the Police Department was attempting to hinder their entertainment permit process. These allegations were made in the midst of a lengthy presentation without opportunity for the Police Department to respond. We understand the decision was made at the last meeting with regard to Mr. Gonzalez’s request for changes to his Conditional Use Permit and our intent is not to influence those decisions, but instead to respond on the record to the concerns voiced by Mr. Gonzalez and his investigator that his business was being targeted by or being retaliated against by the Police Department. The Police Department has several roles in working with our local businesses in the community. We are the enforcement arm of the City and as such have the responsibility to respond to calls for service in the community, including those calls related to businesses. We also have a regulatory and compliance role. As part of the entertainment permit process, the Police Department is required to conduct applicant background checks and to provide provisions to ensure the safe operation of entertainment establishments. In cooperation with the Department of Alcohol Beverage Control, we receive grant funding to provide education and compliance checks for local alcohol establishments. Lastly, in the Conditional Use Permit process, we are fact finders. Our role is to provide the necessary and relevant information as part of City Staff to assist the Commission in rendering informed and sound decisions with regard to Conditional Use permits. During the applicant’s presentation, a question came up with regard to the length of time it took to process Mr. Gonzalez’s police permit. Mr. Gonzalez explained that it was because of the delayed processing of his permit that he retained Attorney Roger Diamond to represent him and why he thought the Police Department would be retaliating against him. Though Sergeant Rosario gave a brief explanation of the delay stating that the permit process can be lengthy, it is important for the record to provide more background, as this situation is not typical. The Police Department, in no way, has target or retaliated against Mr. Gonzalez as he suggested in his presentation. Mr. Gonzalez applied for his entertainment permit on December 1, 2014, requesting to have 6 televisions. The Police Department received the application and began the standard background process for an entertainment permit. Mr. Gonzalez was fingerprinted on December 4, 2014 and the DOJ fingerprint return was received on January 7, 2015 indicating there would be a delayed response. The Police Department did receive the complete DOJ response late January. During the review of the application and background material, information surfaced that required additional follow up, staff review and legal counsel. Staff also requested that Mr. Gonzalez obtain and submit additional documents. Mr. Gonzalez did not submit the requested documentation until November 2015. Though he had his photo taken to complete the police permit application in October 2015, we could not make a recommendation until we received and reviewed the requested documentation. It was during the background investigative process, in May 2015 that Mr. Gonzalez was granted his CUP for live entertainment in the form of acoustic entertainment. Mr. Gonzalez had not requested this on his original police entertainment permit and not until August 2015 did the Police Department received an email from the Planning Commission Minutes April 6, 2016 - 4 - Planning Division advising that Mr. Gonzalez had been approved for live entertainment in the form of an acoustical trio. In August, Police Department Staff reached out to inform Mr. Gonzalez that his police permit application would need to be amended to request the additional live entertainment and to have him complete the application by having his photo taken. Two messages were left for Mr. Gonzalez, neither of which was returned. On October 15, 2015, after being unable to reach Mr. Gonzalez by telephone, Sergeant Rosario went to the restaurant and spoke with Mr. Gonzalez informing him that his police entertainment permit had not yet been approved and that he needed to have his photo taken and to submit the additional documentation related to his background check. At this point, the Police Department had become aware that Mr. Gonzalez was already operating with live entertainment and amplified music. He was warned that amplified music was not approved in his CUP and that his police entertainment permit had not been approved. It is important to note, the Police Department received 21 calls for service between February 2015 and February 2016 for Mariscos Choix. During the last Planning Commission meeting, Mr. Gonzalez represented that they only had nine calls for service and compared his business to other similar establishments, stating Mariscos Choix had far fewer calls for service than other similar establishments. The 21 calls for service is a more accurate comparison to the numbers he presented in relation to similar establishments. When reviewing all calls for service as Mr. Gonzalez presented for the other businesses, Stardust, 20/20 Draft House and Mambo Grill had fewer calls for service than Mariscos Choix. Mr. Gonzalez and his investigator referred several times to “alleged” calls reported to the Police Department about Mariscos Choix, adding that he had interviewed everyone but no one said they complained, implying the alleged calls never happened. This is not an accurate summation. The truth is that the Police Department does if fact have official records and recorded calls of residents calling to complain about loud music from Mariscos Choix. The investigator told the commission that the residents at Country Inn did not have access to telephones, which is absolutely incorrect and in fact the two residents who called to complain about the loud music are residents at the Country Inn. Mr. Gonzalez also stated that he only had amplified music in violation of his current CUP on one occasion and that he told the musicians not to use a microphone again. He also told the Commission that they needed amplified music so that the musicians on the patio could be heard, yet each of the neighboring businesses stated that they could hear the music from his restaurant, even as far away as Second Street. According to Mr. Gonzalez, his tailor could hear the music from 2nd street, which is farther than the County Inn, located at 11111 Myrtle. This alone would reasonably indicate he was operating in violation of his CUP with amplified music on more than one occasion. In fact, speakers can be seen installed in the outdoor patio area and loud music has often been heard by officers driving by during evening hours. Lastly, on February 24, 2016 Police Department Staff conducted an ABC compliance inspection of Mariscos Choix and found them to be playing amplified music, in violation of their Conditional Use Permit. Though the Police Department could have issued Mr. Gonzalez a misdemeanor citation for this violation, he was only issued a verbal warning. The Police Department has worked with Mr. Gonzalez throughout this process to ensure he understood the requirements of the process and the conditions that have and have not been approved. The fact that information arose in the processing of the application that required additional review and attention by the Police Department; along with delays in getting information back from DOJ, the incomplete application, delay in providing the Police Department with additional requested information, delay in being able to reach the applicant himself, and threat of legal action by applicant’s attorney were legitimate reasons for the lengthy approval process. The Police Department affords all applicants fairness in processing entertainment permits and prides itself with a good working relationship with all businesses operating in the city. In closing, I would like to thank the Commission for allowing the police department the opportunity to respond to the applicant presentation.” Planning Commission Minutes April 6, 2016 - 5 - Disclosures: Chairman Flores walked around the site. Chairman Flores called the applicant to give testimony. Neither the applicant nor his representative was present. Speakers: None. Staff’s recommendation is to adopt two resolutions; 1) to allow amplified music, a fourth musician to entertain in the business, and to allow the business owner to charge an admission fee to enter the business during pay-per-view sporting events, 2) to deny the request to begin live music at 4:00 p.m. in the outdoor dining area on Thursdays and Fridays. Chairman Flores closed the public hearing. The Commissioners discussed new information presented in the Downey Police Departments’ statement with City Attorney Garcia, and staff regarding noise issues caused by the speakers. Due to the applicant’s absence, in place adding conditions to the resolutions, a requirement will be added to the Police Permit for live entertainment that speakers shall not face residential neighbors. It was moved by Commissioner Lujan, seconded by Vice Chairman Rodriguez, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 16-2971, thereby approving the request to allow amplified music, a fourth musician to entertain in the business, and to allow the business owner to charge an admission fee to enter the business during pay-per-view sporting events, for Rev. ‘A’ to CUP PLN-15- 00061 (PLN-15-00240). It was then moved by Commissioner Lujan, seconded by Vice Chairman Rodriguez, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 16-2972, thereby denying the request to begin live music at 4:00 p.m. in the outdoor dining area on Thursdays and Fridays, for Rev. ‘A’ to CUP PLN-15- 00061 (PLN-15-00230). 3. PLN-15-00230 (Conditional Use Permit and Variance): Chairman Flores opened the public hearing for PLN-15-00230 and Ms. Cavanagh affirmed proof of publication. Principal Planner David Blumenthal gave a presentation of the request a request to add a drive-thru lane to the existing McDonald’s and deviate from the required parking and vehicle queuing space within the drive-thru lane, on property located at 10207 Lakewood Blvd., and zoned C-2 (General Commercial). Principal Planner Blumenthal reviewed the historical aspects of the oldest McDonald’s restaurant in operation, including the site plan, parking, architecture, design and drive-thru layout. McDonald’s has had financial concerns with this location, not normally a concern of the City, but this location is important to the City, 65 % of sales come from drive-thru. The drive-thru lane is not taking away from the historical aspect because it’s in the rear and hidden, staff has added conditions to address concerns discussed; adding the drive-thru will make this location profitable and support this McDonald’s staying in Downey. Disclosures: Vice Chairman Rodriguez visited the site from 5:30 p.m. to 5:45 p.m. and met with Principal Planner Blumenthal; they discussed traffic flow, speed bumps and signage. Applicant, Carlos Madrigal, thanked staff and explained their property lease is due to expire soon and the owner is not anxious for them to stay. Because this location is a company owned store, it must be profitable. He reviewed the previous attempts to make modifications and keep its historical aspect, but it cannot compete without the drive-thru lane. He said the architecture of the building will not change, and the proposed modifications will be to the kitchen and drive-thru in the rear of the building, and believes this is why it will not take away from the historical aspect of the building. Mr. Madrigal agreed to the conditions of approval. Planning Commission Minutes April 6, 2016 - 6 - The Commissioners discussed: the parking; land use; historical aspects; previous modifications; and additional signage for pedestrian as compared to a recently approved Jack in the Box location at Firestone Blvd. and Pangborn Ave. Speaking in favor: Katy Rispoli, spoke in favor of the application. Staff’s recommendation is to adopt a resolution to approve the request for a Conditional Use Permit and Variance (PLN15-00230), subject to the conditions of approval. The Commissioners spoke in favor of the request. They agreed with the applicant; the drive-thru lane being hidden will maintain the integrity of the site and said it will be a great addition to the City that it is long overdue. They suggested that the applicant move forward to include the restaurant in the National Registry. Chairman Flores called for five minute break at 7:58 p.m. and the meeting reconvened at 8:03 p.m. It was moved by Commissioner Lujan, seconded by Chairman Flores, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 16-2973, thereby approving the request for Conditional Use Permit and Variance (PLN-15-00230). 5. PLN-15-00210 (Tentative Tract Map No. 72768 and Site Plan Review): Chairman Flores opened the public hearing for PLN-15-00210 and Ms. Cavanagh affirmed proof of publication. City Planner William Davis gave a presentation of the request to develop an eight-unit residential condominium development, on property located at 10341-10349 Western Ave., and zoned (R-3) Multi-Family Residential. City Planner Davis reviewed the site plan, architectural and landscape designs for the project. Disclosures: Vice Chairman walked the site and the street for about an hour over the weekend and Commissioner Morales drives by on a regular basis but, not for this application. Applicant Andy Yu, Project Designer, was present to answer questions. The Commissioners discussed the landscaping design and lighting for the front and rear of the property with the applicant. Correspondence: City Planner Davis stated he had a conversation with a representative and owner of the property surrounding the site who spoke in favor of having a new use on the site. Vice Chairman Rodriguez asked if they asked for block walls to surround the site, to which City Planner Davis confirmed and the block walls are a condition of approval. There were no written correspondences. Speaking in favor: Harry Klaus [sic], stated that the current residence is poorly managed with many City Code violations, LA County Health violations and many calls to the Downey Police Department. He presented the Commission with photos and urged the Commissioners to approve the application. Richard Chen, stated he is the current manager of this property. He explained that the property is under Section 8, and expressed difficulties with the current tenants. Chairman Flores closed the public hearing. Planning Commission Minutes April 6, 2016 - 7 - The Commissioners spoke in favor of the application and commented on it being a beautiful design. They discussed modifications to the conditions of approval with staff and requested they included the following three conditions. “All exterior lights on the property shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and the public right-of-way.” “Exterior lights shall be un-switched and photo-sensor controlled. Lights shall be on from dusk until dawn. Porch lights for the individual units shall be excluded from this condition.” “Additional LED lighting shall be added to the front and rear elevations to include the trash, trellis, and barbecue areas.” It was moved by Commissioner Morales, seconded by Vice Chairman Rodriguez, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 16-2973, thereby approving the request for Tentative Tract Map No. 72768 and Site Plan Review (PLN-15-00230) with modified conditions as stated. 4. PLN-16-00018 (Zone Change, Tentative Tract Map No. 74082, Site Plan Review): Chairman Flores opened the public hearing for PLN-16-00018 and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a presentation of the request to develop a seven-unit townhome project at 8104 Stewart & Gray Rd. Staff reviewed the request for a zone change and stated that the request is consistent with the General Plan. He reviewed the architectural design, site plan and landscaping for the project. The Commissioners discussed the design and details of the drawings and material board presented differing from the plans that did not have the bedroom window on the front elevation window. They commented on the landscaping, lack of lighting and overall design of the project. Disclosures: Vice Chairman Rodriguez visited the site on Sunday for 30 minutes. Applicant, Raul Echemendia, reviewed his history in working in the City and is open to the Commissioners suggestions. The Commissioners discussed proposed conditions for lighting and landscaping with clarification from the City Attorney Garcia and requested the following revisions to the conditions of approval: Condition 15 shall be revised to read: “All exterior lights on the property shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and the public right-of-way.” And a new condition shall be added to read: “Exterior lights shall be un-switched and photo-sensor controlled. Lights shall be on from dusk until dawn, excluded balcony and sundeck lights for the individual units.” The Commissioners asked Mr. Echemendia if he would consider modifying the landscaping and lighting, to which he agreed. Correspondences: None. Speakers: None. Planning Commission Minutes April 6, 2016 - 8 - Staff recommended the Planning Commission adopt a resolution to approve the request for a Zone Change, Tentative Tract Map No. 74082, and Site Plan Review (PLN16-00018), subject to the conditions of approval. Chairman Flores closed the public hearing. The Commissioners spoke in favor of the project with the modifications to the conditions of approval. It was moved by Commissioner Morales, seconded by Vice Chairman Rodriguez, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 16-2975, thereby recommending the City Council approve the request for a Zone Change (PLN-16-00018). It was moved by Commissioner Morales, seconded by Vice Chairman Rodriguez, and passed by a 4-1 vote, with Commissioner Owens absent, to adopt Resolution 16-2976, thereby approving the Tentative Tract Map No. 74082, and Site Plan Review (PLN-16-00018) with modified conditions as stated. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 6. PLN-16-00070 (Final Parcel Map No. 73035): A request to subdivide =/- 47,718 square feet of land into four lots and a private street on property located at 8572 Cherokee Drive. 7. PLN-16-00073 (Final Parcel Map No. 73125): A request to subdivide 14,958 square feet of land into two parcels on property located at 7926 Third Street. 8. PLN-16-00076 (General Plan Consistency): A General Plan Consistency finding to grant an easement to SCE across a City owned parcel located at 12214 Lakewood Boulevard. It was moved by Commissioner Morales, seconded by Vice Chairman Rodriguez, and passed by a 4-1 vote, with Commissioner Owens absent, to approve the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: ADJOURNMENT: With no further business to discuss, Chairman Flores adjourned the meeting at 9:39 p.m., to Wednesday, April 20th, 2016, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 21st day of September, 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 21st day of September, 2016, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission