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HomeMy WebLinkAboutPC Minutes 10-18-17PC MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, OCTOBER 18, 2017 CITY COUNCIL CHA.M.BER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Rodriguez called the October 18, 2017, Regular Meeting of the Planning Commission to order at 6:31 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: COMMISSIONERS ABSENT: Jim Rodriguez, District 5, Chairman Patrick Owens, District 2, Vice Chairman Steven Dominguez, District 3 Matias Flores, District 4 Miguel Duarte, District 1 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney David Blumenthal, City Planner Guillermo Arreola, Principal Planner Monica Esparza, Senior Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Commissioner Dominguez expressed his, and that of others in the community's frustration, with audio issues pertaining to the Planning Commission and City Council's video recordings. Director of Community Development Aldo Schindler asked if he is willing to meet with our IT Department, to which Commissioner Dominguez agreed. Vice Chairman Owens added that there have also been problems with Social Media recently and asked that this be included in the discussion with IT. Vice Chair Owens then requested a future Agenda item for a report on the success of the Aldi Market in comparison to other locations. Director Schindler informed the Vice Chair of the challenges with his request due to state laws preventing then from obtaining sales volume information for a specific retailer. In addition, it is not the purview of the Planning Commission or staff to push, promote, or pick retailers for sites; we go with what the zoned use is. If the site is an appropriate use under the zoning, then we pursue it from that fashion. Vice Chair Owens clarified his request by recalling a previous meeting discussing Benihana ownership commenting they built the site too small and explained that he is looking for similar feedback from Aldi's Market to get their opinion on their success with the Downey location. Director Schindler agreed to reach out to Aldi's and notify the Commission via email of any information they are willing to provide us with. Lastly, Vice Chair Owens requested a report on Mi Cielo Restaurant and Rooftop Lounge as the business they're conducting is not operating as the approved use. Director Schindler recalled that the Commission did not set conditions pertaining to alcohol sales and asked City Attorney Yvette Garcia for direction. Commissioner Owens asked for a report from Downey Police Department with responses to service calls and mentioned that the level of trash in the mornings has increased around the subject site and is not what the downtown should be. Director Schindler said he will contact the Police Department to request a report on the calls for service. Vice Chair Owens clarified he would like a report beginning with opening day of the establishment. Director of Community Development Aldo Schindler reported the City Council 1) approved the proposed marijuana regulations, and 2) Mayor Ashton requested that staff return with an urgency ordinance regarding lot splits to the October 24, 2017 City Council. PRESENTATIONS: None. PUBLIC HEARINGS: 1. PLN -17-00165 (Special Event Permit): Chairman Rodriguez opened the public hearing for PLN -17- 00165 and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen presented the request by the Desert Reign Church to conduct their annual "Harvest Festival" event in the church parking lot, on property located at 11610 Lakewood Boulevard, zoned C -P (Professional Office). The event will take place on Tuesday, October 31, 2017, from 5:30 to 8:30 p.m. The festival activities will consist of children's rides, game booths, a petting zoo, jumpers, and live entertainment. Similar to last year's event, the applicant will provide three (3) security guards throughout the three-hour festival. Staff is recommending conditions of approval to require the applicant to pick up trash, during the event, on-site and in the immediate vicinity of the church, and to make restroom facilities available to patrons. Parking will be provided, with 45 parking spaces on the south side of the site for visitors after 7:00 p.m. and 114 off-site parking spaces will be provided during the three-hour event. The applicant has obtained permission from the owners of nearby businesses to use their parking spaces at: 9300 Hall Road, 11519, 11523 &11531 Bellflower Boulevard, and 11500 & 11534 Lakewood Boulevard. Shuttles will be provided to bring visitors from, and return to, the OmniTeam., Inc. business located at 9300 Hall Road. Event staff and volunteers will help assist visitors crossing the intersections at Hall Road and Bellflower Boulevard. During the meeting of the Development Review Committee, the Downey Police Department provided their standard conditions of approval that includes three (3) security guards on site during the duration of the event; the Fire Department and Building and Safety Division included conditions to require permits for the proposed inflatable houses, mechanical rides, and any outdoor generators; and the Public Works Department provided their standard conditions of approval for the event. Vice Chairman Owens inquired as to Police presence, to which Assistant Planner Nguyen explained that it was not required, as there have been no issues with the three-hour event. Disclosures: None Correspondence: None. Applicant Joyce Rattan, Office Administrator for the Desert Reign Church said that security will be provided by volunteer members of the church for the event and this is church's way of creating a safe environment to get kids off the street for trick -or -treating. Public Comments: None. Staff recommended the Planning Commission adopt a resolution to approve the request for a Special Event Permit. The Commissioners spoke in favor of the event. Chairman Rodriguez closed the public hearing. It was moved by Commissioner Flores, seconded by Chairman Rodriguez, and passed by a 4-0-1 vote, with Commissioner Duarte absent, to adopt Resolution No. 17-3037, thereby approving the request for a Special Event Permit (PLN -17-00165). -2- 2. PLN -17-40150 Revision to Conditional Use Permit PLi+1-11-00091: Chairman Rodriguez opened the public hearing for PLN -17-00150 and Ms. Cavanagh affirmed proof of publication. Principal Planner Guillermo Arreola presented the request to modify an existing Conditional Use Permit (CUP) PLN -11-00091, to provide live entertainment and extend the hours of operation of a restaurant operating with a Type 47 (On -Sale General, Bating Place) Alcohol Beverage Control (ABC) license, located at 12056 Paramount Boulevard and zoned C-1 (Neighborhood Commercial). The applicant is currently remodeling the restaurant by adding an outdoor patio area with a trellis cover and a designated area in the middle of the restaurant that will be used for live entertainment in the form of mariachi, trio, and duet style music. Principal Planner Arreola reviewed the floor plan, parking layout, and the hours of operation including live entertainment hours. The hours of operation under the existing CUP are: Monday — Thursday: 9:00 a.m. — 11:00 p.m. Friday — Sunday: 9:00 a.m. — 12:00 a.m. The proposal includes extending the hours of operation to: Monday — Thursday: 9:00 a.m. — 12:00 a.m. Friday — Sunday: 9:00 a.m. — 2:00 a.m. The proposed hours for live entertainment are: • Thursday — Saturday: 8:00 p.m. — 12:00 a.m. Staff is recommending the following conditions of approval: • Live entertainment/music is limited to the following hours of operation: • Thursday — Saturday: 9:00 a.m. to 10:00 p.m. • Sunday: 9:00 a.m. to 8:00 p.m. • Live entertainment/music shall not be amplified, and limited to string musicians only; • Live entertainment, music, and television sets, are prohibited within the outdoor seating area; • Rear doors must remain closed at all times, except for ingress and egress. Disclosures: Chairman Rodriguez drove around the subject site this afternoon and met with Principal Owner Kirk Cartozian between 12:30 p.m. to 1:30 p.m- to listen to his concerns. Commissioner Dominguez drove by the subject site on Sunday morning to look at the proximity of the subject site to the residential neighbors. Vice Chairman Owens had a conversation with Pro Tem Mayor Ashton about the project and what the public may offer as far as comments. Commissioner Flores drove passed the subject site around noon today, and had a short conversation with Mr. Cartozian with the aim being to understand the differences between what is approved and what the applicant is requesting. Applicant Kirk Cartozian, 10840 Paramount Boulevard, Downey spoke of a job fair tomorrow from 2-5 p.m. and anticipates hiring 60-70 employees. He distributed employee handbooks to the Commissioners and staff for review and said that the business will operate primarily as a restaurant. Mr. Cartozian stated that he and his partners come from an extensive background in operating restaurants with live entertainment, such as the Alegria Restaurant in Long Beach, which operates with live entertainment with a residential use in the same building, and locally, they are the owners of the Gaucho Grill restaurant, located in the Promenade at Downey. He described the proposed restaurant as a safe family environment, with amplified music, and serving alcohol and live entertainment. They are willing to modify the hours of operation; they will be double insulating the south and east walls to direct the sound away from the residential neighbors; agree to a maximum decibel level for the sound; limit the live entertainment to duos and trios with mainly string instruments; and withhold the live entertainment from the outdoor patio area. Correspondence: None. -3- Public Comments George Lopez, business owner, 11943 Paramount Boulevard, Downey, CA, stated his place of business is 500 feet from the subject site and he is looking forward to having an upscale restaurant in the area. Roberto Cervantes, Downey resident for over 30 years, stated he is a native of Mexico and described the rich cuisine of his native country and looks forward to having this restaurant in Downey. Albert Guerrero, 8041 Bergman Lane, 40 year resident, stated his opposition to the hours of operation and live music due to the proximity of his property to the subject site. He expressed concerns regarding possible overflow parking onto the residential streets. He would not be opposed to a trio musician group and would be agreeable to the hours of operation closing at 10:00 p.m. on Fridays and at 9:00 p.m. for the remainder of the week. He said he had no problems with the previous restaurant owners as they did not operate with live music, and there were no issues with parking at that time; however, parking is currently a concern in the city and will be more problematic once the restaurant opens. George Ulloa stated he shares Mr. Guerrero's concerns and in opposition of the proposed hours of operation; he suggested they be consistent with those of other restaurants in the area closing at 10:00 p.m. Monday through Thursday and closing at 11:00 p.m. on weekends. Mr. Ulloa stated his home is three (3) houses away from the restaurant and complained of patrons of the neighboring businesses generating noise during the day and disturbing the neighborhood as the sound carries down the residential street; and in the evenings by patrons of the Shakey's Restaurant, which is further away, can be heard from his home. He said that with the patio remaining open until midnight, people will be generating noise through laughing and/or screaming outside and it cannot be controlled. Additionally, he finds the parking to be limited and will overflow onto the residential street taking parking away from the residents. Applicant Rebuttal: Kirk Cartozian stated the restaurant is on Paramount Boulevard, which is a commercial corridor. He respects the neighbors has and no issues with other businesses. He said he will work with adjacent property owners to use their parking lots for potential overflow parking for the restaurant and would not be opposed to the City blocking off the pedestrian entrance to the residential cul-de-sac. He offered to have a staff member patrol the parking lot to make sure there is no loitering. He described the proposed music for live entertainment as "light", and is willing to modify the requested the hours of operation to Friday and Saturday 2:00 a.m. inside and the patio hours to Friday and Saturday to close at midnight and on Sundays at 10:00 p.m. The Commissioners discussed possible noise impacts to residential neighbors primarily due to the outdoor patio, defining live entertainment limits to 4 - 5 musicians with string instruments only and no microphones and the possibility of removing live entertainment altogether; concerns regarding patrons loitering in the parking lot after hours, options for lighting and/or security in the parking area; parking overflow to neighboring commercial and residential properties. The Commissioners asked the applicant to define "Mariachi Music". Co -Owner, Arturo Concha, defined Mariachi musicians as a group of 4 - 8 members playing strings, brass instruments (horns), and drums. The music is not amplified so as to allow the vocalist to be heard and the brass instruments can be covered so as not to amplify the sound beyond the interior of the restaurant. The Commissioners asked if they can accomplish this type of music with string musicians only, as recommended by staff and the Downey Police Department. Mr. Concha stated the smallest Mariachi group would be 4 - 5 musicians. The Commissioners asked the applicants if they would agree to no amplified music, to which Mr. Cartozian stated they would not amplify the mariachi music; with the exception of a vocalist (separate from the mariachi). -4- Chairman Rodriguez closed the public hearing. The Commissioners discussed defining the definition and types of allowable hours of live entertainment and security for the parking area from 9:00 p.m. to 30 minutes after closing. The Commissioners were not able to agree on the hours of operation; were deadlocked with two in favor and two against the request for live entertainment, and asked staff for direction on proceeding or continuing the hearing. Director Schindler advised the Commission that although staff is able to continue the meeting, it may not be financially viable for the applicant to wait another 30 days for a continuance to reach a resolution and posed the question to the applicant. The Commissioners asked the applicant if he is amenable to continuing the public hearing to November 15, 2017, to allow him time to work with staff to resolve the issues presented. Mr. Cartozian stated they are fast approaching the holidays, which is 33% of the sales for the year and it will be financially challenging to continue. He opined the Commission was holding them at a higher standard as there are no restaurant diners in the area closing at 9:00 p.m.. or 10:00 p.m. and suggested if this be the case, they may not open their doors for business. Co-owner Adrian Amosa testified that they have already been working with staff for 60 days on this application and another 30 days would cause financial issues; therefore, they are not able to continue this item. Staff advised the Commission that the applicant could accept the currently approved hours of operation under existing CUP, which is Monday through Thursday from 9:00 a.m. to 11:00 p.m., and Friday through Sunday from 9:00 a.m. to 12:00 a.m., without live entertainment. The Commissioners discussed modifying the conditions of approval regarding the hours of operation for both the restaurant and live entertainment with the applicant and agreed to the following changes: 7) The hours of operation shall be limited to the following: • Monday — Thursday: 9:00 a.m. — 42-.0Q- a m-. 11:00 p.m. • Friday — Saturday: 9:00 a.m. — 2 Q -. 12:00 a.m. • Sunday: 9:00 a.m. —10:00 p.m. 8) The hours of operation for the outdoor patio/dining area shall be: • Friday — Saturday: 9:00 a.m. — 10:30 p.m. • Sunday —Thursday: 9:00 a.m. — 9:00 p.m. 9) Live entertainment/music shall not be amplified, and limited to a maximum of four (4) string musicians only. Live entertainment/music is limited to the following hours of operation: Friday — Saturday: 9:00 a.m. to i$ 98 p m: 11:00 P.M. Sunday: 9:00 a.m. to 89 p -r 10:00 p.m. There shall be no live entertainment/music: Monday — Thursday. It was moved by Chairman Rodriguez, seconded by Commissioner Flores, and passed by a 4-0-1 vote, with Commissioner Duarte absent, to adopt Resolution No. 17-3038, thereby approving the request for a Revision to A Conditional Use Permit (PLN -17-00150), with modified conditions as stated. NON -AGENDA PUBLIC COMMENTS: None. -5- CONSENT CALENDAR ITEMS: 3. Approval of the Minutes from July 19, 2017 It was moved by Commissioner Flores, seconded by Vice Chairman Owens, and passed by a 4-0-1 vote, with Commissioner Duarte absent, to approve the Consent Calendar. OTHER BUSINESS: 4. PLN -17-00162 (Zoning Text Amendment' Initiation) A request to initiate a Zone Text Amendment regarding sign regulations for schools. Director of Community Development Schindler advised the Commission that staff has been receiving multiple requests from our private schools and churches for improvements to their monument signs; the latest example was St. Pius X — St. Mathias Academy on Gardendale Street. All of the churches and private schools are in residential zones; therefore, their signs are generally non -conforming, and we do not have the ability to enhance them to what we would like. In order to facilitate that, we would need a Code Amendment. Staff is looking for the Commission's direction to study the issue and bring it back to the Commission in a study session to discussing moving forward in that direction. It was moved by Chairman Rodriguez, seconded by Commissioner Flores, and passed by a 4-01 vote, with Commissioner Duarte absent, recommending staff move forward with the Zone Text Amendment Initiation. STAFF MEMBER COMMENTS: Director of Community Development Schindler reported that the lot split at Third Street and Rives Avenue that was recently denied by the Planning Commission will be appealed to the City Council with an estimated hearing date of 11/14/17. ADJOURNMENT: Chairman Rodriguez adjourned the meeting at 9:07 p.m., to Wednesday, November 1, 2017, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 4th day of April, 2018, Patrick Owens, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on this 4`h day of April, 2018, by the following vote: AYES: COMMISSIONERS: Flores, Duarte, Dominguez and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Frometa ABSTAIN: COMMISSIONERS: None fr Mary,avanagh, Secr t ry City Panning Commission