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HomeMy WebLinkAboutPC Minutes 12-20-17MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, DECEMBER 20, 2017 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Rodriguez called the December 20, 2017, 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, City Clerk Duarte called roll. COMMISSIONERS PRESENT: Jim Rodriguez, District 5, Chairman Miguel Duarte, District 1 Patrick Owens, District 2, Vice Chairman Steven Dominguez, District 3 COMMISSIONERS ABSENT: Matias Flores, District 4 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 Jim Eckart, City Prosecutor Brian Baker, Downey Police Lieutenant Vincent Rosario, Downey Police Sergeant Lee Kirby, Downey Hazardous Materials Specialist/Fire Inspector Alicia Duarte, City Clerk PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL: None. PUBLIC HEARINGS: 1. PLN -17-00164 (Revision to a Conditional Use Permit): Chairman Rodriguez opened the public hearing for PLN -17-00164 and Ms. Duarte affirmed proof of publication. Principal Planner Guillermo Arreola presented the request to modify an existing Conditional Use Permit (CUP) PLN -12-00102, which allows live entertainment (DJ only) in conjunction with the operation of an existing hookah lounge (Mosaik Hookah Lounge) located at 11029 Downey Avenue and zoned DDSP (Downtown Downey Specific Plan). Since the approval of the CUP, there have been a number of incidents and "calls for service" that have required a Police Department response, in addition to numerous Fire and Building Code violations found by the Fire and Building and Safety Departments. Recent inspections revealed the business had been operating in violation of its Conditions of Approval. As such, the Mosaik Hookah Lounge was found to be operating in a manner detrimental to the public health, safety, and welfare. Representatives from Police, Fire, Planning, and the City's Prosecutor's Office met with the business owner Mr. Adnan Saab on Sept. 21, 2017 to address complaints that had taken place in, or as a result of the operation of the Mosaik Hookah Lounge; calls for service; and conducted an inspection in the presence of the business owner. It was discovered in the proceeding months during inspections conducted by Police, Fire, and Planning Departments' staff, that a number of outstanding issues had not been resolved. The Draft Planning Commission Minutes December 20, 2017 business owner was then given a deadline of January 4, 2018 to resolve the remaining Fire Code violations and submit a draft security plan to the Police Department. The applicant submitted a security plan that was deemed to be incomplete due to the lack of required information, and the Fire Department found that several Fire Code violations remain unresolved. The Commissioners discussed the following with Planning, Fire, and Police staff: • Details regarding the number of the calls for service, violations, and inspections by each department from 2016 to present • Pending Fire Department Code violations • Existing security staff and the security plan • Hours of operation Disclosures: None. Attorney John Bunnett representing the Hawa Dukhan Corporation/Adnan Saab, business owner of the Mosaik Lounge, reviewed the history of the business' operation beginning in 2010. He stated the applicant has been trying to address each of the violations, however, some -are large endeavors requiring the building owners' approval to may cause delay in making the modifications. He discussed the incidents that occurred at the subject site with emphasis on those pertaining to intoxicated individuals, and the process in dealing with altercations at the subject site. He reviewed several calls for service beginning in November 2016 through September 2017. Mr. Bunnett claimed the incidents were not indicative of any wrong doing by the security staff and gave several examples, including: 1) the arrest of an intoxicated individual behind and not on the premises; 2) a domestic violence incident that resulted in a female alleging to be assaulted by her husband and an intoxicated male attempting to remove the Police Officer's handgun; and 3) a dispute between a male that became irate with Hookah Lounge security staff, resulting in a stabbing that included security from a neighboring business. Mr. Bunnett alleged the security guard that was arrested was not from the Mosaik Hookah Lounge, but from a neighboring business and recommended a review of the security video and/or check the arrest record to verify who was arrested. He opined that most of the incidents were related to intoxicated patrons of the surrounding businesses, including some that occurred outside of the subject site. He concluded, the applicant is agreeable to most conditions of approval, with the exception of the following: 1) modifying the hours of operation; this would be detrimental to the business due to the majority of the receipts are generated between 1:00 a.m. and 4:00 a.m. Mr. Bunnett expects the city would benefit by having a place for intoxicated individuals to sober up after the surrounding business close. In conclusion, there must be a nexus to require closing at 12:00 am, as a majority of businesses in the area closing at 2:00 am; 2) the business owner has the right to charge a cover charge; and 3) he considered the indemnity clause vague and unnecessary. Chairman Rodriguez asked Mr. Bunnett to expound upon the following portion of the staff report: "The business owner indicated that Mosaik Hookah Lounge caters to patrons 18 years of age and over. Initially, the applicant offered herbal shisha (a non -tobacco product), however, upon inspection of the site, it was found that the business operator was serving both tobacco and non -tobacco shisha. In addition, during the site inspection, it was found that the business owner was selling food and beverages for consumption on-site." Chairman Rodriguez then asked the applicant to expound on the use of shisha and age restrictions. Mr. Bunnett explained, the applicant has not allowed 18 year olds in the premises since the law changed in June 2017. The applicant offered herbal shisha (a non -tobacco product) with options to consume the herb in ways other than the normal hookah and has ceased selling the shisha product, food and beverages upon notification from the city that it was not allowed. Mr. Saab now requests permission to serve soft drinks and water. In relation to the request for a security plan, the original CUP did not require a security plan, nor did it discuss the hours of operation. He claimed there was no provision that the applicant had to submit a security plan and was already in compliance operating with bonded security, although. Nevertheless, he will -2- Draft Planning Commission Minutes December 20, 2017 submit a security plan to the satisfaction of the Police Department. The Commissioners reviewed the dates of the last inspection and Fire Code violations and questioned the reason(s) why the applicant would delay rectifying the violations that are putting the patrons' lives at risk. Business owner Adnan Saab stated, he was of the opinion that he was operating the business correctly and had taken preventative measures regarding the safety of his patrons. Since receiving the Fire Department violation notice, he has been making the necessary changes and will do all that has been requested, and made note that those that have not been resolved are pending landlord approval, and one item was not requested until the second inspection. Fire Inspector Lee Kirby confirmed the applicant was compliant with some issues; the exit door issue was discovered during the second inspection and he is unable to confirm the recent changes were done as the last inspection was on 11-16-17. Commissioner Duarte asked the Downey Police if they knew who was arrested during the stabbing incident. Downey Police Lieutenant Brian Baker stated that the case is still active; the individual arrested that night was the security guard from Mosaik Hookah Lounge and was ultimately released. The information that we received directly from the victim was that the altercation was between him and a person that identified himself as the security guard with the Hookah Lounge. Commissioner Duarte asked if they knew if the Hookah Lounge security was involved in the August 26`h incident whereas the patron was hit with a blunt instrument. Lieutenant Baker replied, we do not. Mr. Bunnett provided the City Clerk with copies of the applicants' receipts as they pertained to the peak hours for sales, presented as "exhibit 1". City Clerk Duarte distributed the document to the Planning Commission for review. City Prosecutor Jim Eckart addressed Mr. Bunnett's comments and concerns of the city with the operation of the Mosaik Hookah Lounge: • Failure to disclose that an individual was found to be in possession of cocaine in the establishment, and having intoxicated persons waiting in line to enter the subject site. • The nexus between staff's recommendation for the closure of the business at midnight and the neighboring businesses remaining open until 2:00 a.m. is the governmental interest of trying to protect the life, health, safety and welfare of not only the community at large, but the patrons of the business as well. • The 2012 Conditional Use Permit (CUP) allowed a DJ playing ambient music only; it was not to be a prominent component of the business. The conditions also prohibited dancing and cover charges. • Most incidents occurred post -midnight. The applicant claimed that the majority of their business occurred past midnight. • The Conditions of Approval will be applied to any new applications for Hookah Lounges. • The applicant claimed he was unaware that the unresolved Fire Department violations created a dangerous situation for his clientele, nor was he aware that a security plan was requested by the Police Department. • The business has remained open until 4:00 a.m., yet the owner has not taken sufficient responsibility to continue operating in that fashion. It is paramount for the business operator/owner to be responsible in ensuring that their business operates in compliance with the law, and knowing the law; ignorance of the law is not an excuse; • The State's Labor Laws pertaining to smokers lounges. -3- Draft Planning Commission Minutes December 20, 2017 Applicant Rebuttal: Mr. Bunnett discussed the Attorney General's Opinion No. 09-507 stating this opinion should be limited to its facts and interpret exactly what Kamala Harris meant by her use of the word "dedicated". He also found it unreasonable to expect the business owner to know if someone has a baggie of cocaine in their pocket. The incidents that occurred during 12:00 a.m. and 4:00 a.m. are very isolated incidents. The City Prosecutor's argument that the patrons pay a cover charge to listen to the DJ argument fails from the point that patrons are paying a cover charge after the DJ cuts off at 2:00 a.m.; the patrons go to enjoy the social aspect of the Hookah Lounge and partake in the hookah. Chairman Rodriguez said there remains the question regarding the 18 year old issue and the use of herbal vs. tobacco. Mr. Saab responded, he no longer allows 18 and over; it is 21 and over and tobacco only. He said when he started this business he considered the public's health and safety; he took measures to ensure the public safety by implementing fire prevention measures without the direction of City staff. Public Comments: Armando Herman discussed problems caused by the Hookah smoking establishment, and spoke out against politicians. Manuel Rodriguez, 34 year Downey Resident and a Neighborhood Watch Captain for the northeast side of Downey stated he wrote a letter in conjunction with what he believes to be the facts and requested his son read it to the Planning Commission. Luis Rodriguez read his father's letter in favor of the applicant, and the Mosaik Lounge. Mr. Rodriguez expressed concerns that the applicant had been treated unfairly by the city; siting alcohol sales by neighboring businesses' intoxicated customers who after closing, then go to the applicant's establishment causing violent acts to occur at his site. He compared other violent crimes around the city that occurred at other locations within the city with the common factor of excessive alcohol consumption. He spoke in favor of the security plan as it will help the applicant to prevent intoxicated individuals from entering his establishment. He opined that the city was treating the owner unfairly and hoped that the city would not pass judgement on this business owner for infractions caused by other businesses in the city. Phillip Rivas, partial owner of Hookah Hub spoke in favor of the Mosaik Hookah Lounge operating with music and a cover charge. Jeffrey Azis [sic], Downey Resident and patron of the Mosaik Hookah spoke in support of the business. Staff recommended the Planning Commission adopt a resolution of approval of the request for modification to an existing Conditional Use Permit (PLN -12-00102), subject to the conditions of approval. Chairman Rodriguez closed the public hearing. The Commissioners discussed the testimony and comments presented by staff and applicant and agreed to: extending the hours of operation to 2:00 a.m., allowing a cover charge, and denied the DJ; thereby agreeing to the following modifications to the conditions of approval. 6) The permitted hours of operation of the business shall be from 6:00 p.m. to 4-2:98-a-rR: 2:00 a.m., seven (7) days a week. 7) Non live -entertainment shall cease by 1:30 a.m. 8)-The-Wsinese wner4'app]iGant-and- icy see -shah nGt-be-assess-aqy-admittan-.e-fee; Gover-shay- -or aRy-otber-req uired-urger--minimum--payment-RFs- a-eend]tivn-of-entr-y- -4- Draft Planning Commission Minutes December 20, 2017 It was moved by Chairman Rodriguez, seconded by Commissioner Duarte, and passed by a 4-0-1 vote with Commissioner Flores absent, to adopt Resolution No. 17-3043, thereby approving the modification to the Conditional Use Permit (PLN -17-00164) with modified conditions as stated. 2. PLN -16-00232 Site Plan Review): Chairman Rodriguez opened the public hearing for PLN -16-00232 and Ms. Duarte affirmed proof of publication. Senior Planner Monica Esparza presented the request to locate a one-story, 2,550 square -foot, prefabricated home on a lot located at 9609 Downey Avenue, and zoned R-1 7,500. The single-family home is constructed in (1) or more sections and affixed to a permanent foundation on the site, in compliance with the building code and regulation adopted by the State of California Department of Housing and Community Development. The home is then transported and assembled on site in sections, which varies from the traditional process of constructing the building completely on-site. The request also includes an on-site, 1,060 square -foot, detached four -car garage, a circular driveway, a 348 -square -foot rear patio, and a 747 square foot porch and carport equaling to 1,450 square -feet, characteristic of a California -ranch style home. Applicant Rod Sa, 13241 Laureldale Avenue, Downey, said his 30 year experience working in construction as an Electrical Engineer allows him to make an informed decision and appreciate the benefits and value of a prefabricated home. The home is prewired for electrical, internet and solar ready and set on a raised foundation and is far less intrusive to the neighbors in comparison to constructing a new home on site. Correspondence: Staff received one email correspondence in opposition of the project. Chairman Rodriguez read the email into the record. From: LethaLands@aol.com To: Monica Esparza, sent December 18, 2017. Letha: Thanks, I fell and broke my knee not able to attend, Letha. Monica: You are welcome to attend the meeting. Page 2: Manufactured home, we do not approve of this, Letha Lands, Dorman Leighty, 9636 Downey Avenue. Thank you. Public Comments: Armando Herman spoke in favor of the applicant and design of the home. Kim Isla [sic]; spoke in opposition of the project, speculating 1) the prefabricated home will lower the value of her home; 2) her research of prefabricated homes found they are located in mixed use trailer parks; 3) it is incompatible with the neighborhood, 4) disagrees with staff's assessment of the architectural style; and 4) the home is presented as a single-family residence, yet the staff report suggests multi -unit. Zora Shabani [sic], spoke in opposition of the project. She opined the home is not suited for the area and believes it will lower the value of the homes in the entire city. Jaquelin Rivera spoke in opposition of the project. She was displeased that she had not received a public notice advising her of the proposal, expressed her discontent by the applicant installing a prefabricated home in her neighborhood, and finds it unsuitable for North Downey. Mr. Rivera spoke in opposition and expressed his discontent in that he should have received a public notice, although his home is outside of the 500' radius for public notice. He compared the home to a mobile home and expressed concern that the home would become transitional housing, thereby bringing crime to the area and lower the value of his home. Applicant's Rebuttal: Antonio Navarro, Designer, spoke on behalf of Mr. Sa. He discussed their efforts in working with staff for two years to meet the design standards to be consistent with the neighborhood. He indicated the owner's rights in choosing a premanufactured home that uses the same material as those -5- Draft Planning Commission Minutes December 20, 2017 constructed on site. He reiterated Mr. Sa's 30 year background in this industry gives him the ability to make an informed decision in choosing to have his home factory -built. He reviewed the design aspects of the home and explained the benefits of the porte cochere. Mr. Navarro has been in the industry for 35 years and has done 20 premanufactured homes. He found that 80 % of the homes have smooth stucco Santa Barbara style and some are not as good as this home. He opined it is unfair to the applicant to restrict him from having his home prefabricated. Staff recommended the Planning Commission approve request for a Site Plan Review (PLN -16-00232). Chairman Rodriguez asked staff if the mention of multiple units was an error, to which Senior Planner Esparza confirmed and said Condition No. 10, should read as: Prior to the commencement of construction, the applicant shall obtain all required permits. Additionally, the applicant shall obtain all necessary inspections and permit final prior to occupancy of the unit. Chairman Rodriguez closed the public hearing. Chairman Rodriguez asked if staff had examples of other manufactured homes in the area to see what the finished product. City Planner Blumenthal advised the Commissioners of the state requirement in treating a premanufactured home the same as a home constructed on site. He explained, the state does allow staff to review the architectural design. The Commissioners considered the application before them and the comments of the residents. They were split in the decision to approve the project. Those in favor of the project found it to be well designed, set on a foundation and conforms with the neighborhood, Those in opposition found the home to be non- conforming and felt there was a lack of information such as, examples of premanufactured homes, requesting 3-d renderings and a list of locations with pre -manufactured homes for comparison. They suggested the request be continued to another meeting to allow the applicant time to gather the information. It was moved by Chairman Rodriguez, seconded by Vice Chairman Owens, and passed by a 4-0-1 vote, with Commissioner Flores absent, to continue to a date uncertain. NON -AGENDA PUBLIC COMMENTS: Armando Herman spoke against the city's procedures related to Planning Commission approvals, followed by vulgar comments. CONSENT CALENDAR ITEMS: 3. Approval of the Minutes from August 16, 2017 It was moved by Vice Chairman Owens, seconded by Commissioner Dominguez, and passed by a 4-0-1 vote with Commissioner Flores absent, to approve the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: None. ADJOURNMENT: Chairman Rodriguez adjourned the meeting at 10:29 p.m., to Wednesday January 3, 2018, at 6:30p.m. at Downey City Hall, 11111 Brookshire Ave. Draft Planning Commission Minutes December 20, 2017 APPROVED AND ADOPTED this 3rd day of October, 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 3rd day of October, 2018, by the following vote: AYES: COMMISSIONERS: Duarte, Dominguez and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Flores and Frometa L� l� Mary C agh, Secretary City � an ing Commission ra