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HomeMy WebLinkAbout4. PC Draft Minutes - 08-17-16 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, AUGUST 17, 2016 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Flores called the August 17, 2016, Regular Meeting of the Planning Commission to order at 6:38 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 Matias Flores, District 4, Chairman Jim Rodríguez, District 5, Vice Chairman COMMISSIONERS ABSENT: Hector Lujan, District 1 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 Guillermo Arreola, Senior Planner Monica Esparza, Associate Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN-16-00114 (Conditional Use Permit): Chairman Flores opened the public hearing for PLN-16- 00114, and Ms. Cavanagh affirmed proof of publication. City Planner William Davis presented the request to allow an existing hookah lounge business to operate with live entertainment, at 8323 Firestone Boulevard and zoned DDSP (Downtown Downey Specific Plan). The hours of operation are currently Sunday through Thursday, from 6:00 p.m. to 1:00 a.m., and from 6:00 p.m. to 4:00 a.m. on Friday and Saturday. The proposed hours of operation for live entertainment are 9:00 p.m. to 1:00 a.m. Sunday through Thursday and 9:00 p.m. to 1:30 a.m. Friday and Saturday. However, based on an analysis of the Downtown area, staff recommends that the permitted hours of operation of the business, except for live entertainment, shall be 6:00 p.m. to 2:00 a.m., seven (7) days a week. Mr. Davis explained the subject hookah business is currently operating without a conditional use permit. Disclosers: Commissioner Morales visited the site on Monday and spoke to the manager. Planning Commission Minutes August 17, 2016 - 2 - Lee Rabun, Land Use Consultant, 420 S. San Pedro St., Ste. 225, L.A., CA, 90013, representing Applicant, Downey Mile, Inc. Owner, Emad Hanna. Mr. Rabun stated that they read and agreed to all but one of the conditions of approval. They are disputing the revision of hours of operation, stating that the bulk of their business is after hours and closing at 2:00 a.m. will be detrimental to the business. The Commissioners discussed the following with staff: Revising the hours of operation for business and live entertainment; police reports for calls for service; the use of the smoking lounge and confirmed no other forms of tobacco consumption, food, or alcoholic beverages are not to be permitted. City Attorney Yvette Garcia explained the Attorney General’s interpretation of labor codes as they pertain to smokers and hookah lounges regarding consumables/food. Business owner, Emad Hanna reiterated the importance of maintaining the current hours of operation to 4:00 a.m. and asked the Commissioners to consider that there is one other hookah establishment in the downtown that is also open until 4:00 a.m. Correspondence: None. Public Comments: An unidentified speaker spoke in favor of the application. City Planner Davis gave staff’s recommendation is to adopt Resolution 16-2990 to approve the request for a conditional use permit, subject to the conditions of approval. Chairman Flores closed the public hearing. The Commissioners discussed their concerns regarding the hours of operation with live entertainment and propensity to cause disturbances and increasing police calls for service. Chairman Flores reopened the public hearing. The Commissioners asked if the hookah lounge would allow cigarette smoking, to which Mr. Rabun replied that the establishment does not allow cigarettes, only hookah. Chairman Flores closed the public hearing. The Commissioners discussed the conditions of approval with staff and agreed to the following modifications to address the concerns presented: 1) The approval of PLN-16-00114 (CUP) allows live entertainment in the form of disc jockeys, live bands, musicians (acoustical and amplified music), and customer dancing at the Hookah Hub business, on property located at 8323 Firestone Blvd. The Planning Commission shall review PLN-16-00114 six (6) months after issuance of the Downey Police Department permit for live entertainment. 6) The permitted hours of operation of the business, except for live entertainment, shall be Sunday through Thursday, from 6:00 p.m. to 2:00 a.m., and from 6:00 p.m. to 4:00 a.m. Friday and Saturday. 18) Signs shall be posted at all entrances to the premises and business identifying a zero-tolerance policy for nuisance behavior at the premises (including the parking lot). No patrons or employees shall be allowed to congregate at the rear of the business. Planning Commission Minutes August 17, 2016 - 3 - It was moved by Chairman Flores, seconded by Commissioner Morales, and passed by a 3-1 vote, with Vice Chairman Rodriguez voting No, to adopt Resolution 16-2990, thereby approving the request for a Conditional Use Permit (PLN-16-000114) with modified conditions as stated. NON AGENDA PUBLIC COMMENTS: Armando Herman spoke against taxes and the City of Downey’s grievance procedure regarding ADA compliance. CONSENT CALENDAR ITEMS: 2. Approval of the Minutes from August 3, 2016 It was moved by Chairman Flores, seconded by Commissioner Morales, and passed by a 4-0 vote, thereby approving the Consent Calendar. OTHER BUSINESS: Commissioner Owens asked for an update on replacing the warn dust abatement screening on the east side of the Promenade, to which Director of Community Development Aldo Schindler advised that staff will follow up with the request that was made. STAFF MEMBER COMMENTS: Director Schindler advised the Commissioners that there will be a meeting for the Downtown Parking Study on September 15th, 2016. City Attorney Garcia reviewed the current process filing an ADA grievance procedure. ADJOURNMENT: With no further business to discuss, Chairman Flores adjourned the meeting at 8:39 p.m., to Wednesday, September 7th, 2016, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 7th day of December, 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 7th day of December, 2016, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission