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HomeMy WebLinkAbout2. Draft PC Minutes - 01-03-18DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JANUARY 3, 2018 CITY COUNCIL CHAM BERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Rodriguez called the January 3, 2018, Regular Meeting of the Planning Commission to order at 6:35 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Jim Rodríguez, District 5, Chair Miguel Duarte, District 1 Patrick Owens, District 2, Vice Chair Steven Dominguez, District 3 Matias Flores, District 4 COMMISSIONERS ABSENT: None OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney David Blumenthal, City 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: None. PUBLIC HEARINGS: 1. PLN-17-00135 (Tentative Parcel Map No. 78275, Site Plan Review, Conditional Use Permit and Variance): Chair Rodriguez opened the public hearing for PLN-17-00135 and Ms. Cavanagh affirmed proof of publication. City Planner David Blumenthal gave a PowerPoint presentation of the request to convert the former Avenue Theater located at 11022 Downey Avenue and zoned DDSP (Downtown Downey Specific Plan), into three (3) businesses. Mr. Blumenthal gave a brief history of the Avenue Theater originally constructed in 1925 that has fallen into disrepair since it ceased operations in 2003. The building has undergone building modifications over the years, including seismic retrofitting in the late 1980s; however, the building has remained vacant since 2003. The applicant is proposing to retain the existing building footprint, and combine the two parcels into a single lot and restore a roof sign. This proposal is an adaptive use of the former Avenue Theater building, by remodeling it to accommodate three new tenants that include two restaurants and a rooftop lounge. He reviewed the three (3) proposed businesses beginning with the Downey Avenue Pizza Restaurant serving Italian food and operating with an Alcoholic Beverage Control (ABC) Type 47 (On-Sale General, Eating Place) license. The restaurant will include indoor counter and table seating, with a take-out window mimicking an old movie ticket window along with a standing food rail for patrons to stand and eat take-out food outside, adjacent to Downey Avenue. Hours of operation will be from 9:00 a.m. to 2:00 Draft Planning Commission Minutes January 03, 2018 - 2 - a.m. The second and largest of the businesses is a live entertainment venue, presently named Rockwell, that will operate with an ABC Type 48 (On-Sale General for Public Premises) license. All patrons must be 21 years of age or older. The first floor will include a stage, a bar and reconfigurable seating to allow for a variety of live performances to include live music, dinner theater shows, comedy shows, DJ performances and customer dancing. The second floor will have a rooftop lounge and bar, providing seating. There will be an open area that views down onto the stage and floor below it. The rooftop lounge will utilize the rooftop areas for both the Rockwell and the Crawford. The applicant has requested live entertainment for the rooftop lounge; however, staff recommended that conditions of approval will prohibit any rooftop live entertainment. The configuration of the rooftop lounge is not conclusive live entertainment. The third business, presently named Crawford, will face Third Street. The restaurant will serve southern style barbeque and will be branded as Crawford brewery. The hours of operation are from 9:00 a.m. to 2:00 a.m. The first floor will have the kitchen, main dining area and outdoor patio facing Third Street. The second floor will offer additional dining area and will look down on the floor below. The façade on the Downey Avenue side will be painted white and mimic the 1960’s movie theatre appearance. The marque will be restored and the applicant will reintroduce the rooftop sign. Even though rooftop signage is no longer permitted in the Code, staff has determined to get the building back to the original appearance so the rooftop signage can be used. The Third Street façade will be opened with store front framing and wood siding will be added to give more texture; the brick will be cleaned and repaired. The Rockwell entrance will be on the eastern side of the building facing the city parking lot with pedestrian protection. The rooftop lounge will have shadow boxes with curtain walls and metal trellis’. Egress exit is through both the Crawford and Rockwell with Rockwell utilizing the access to the rooftop lounge. Crawford will operate with an ABC Type 47 (On-Sale General for Bonafide Public Eating Place) license. This application was reviewed by the Development Review Committee on August 24, 2017; the Public Works Department is requiring dedication of 5’ - 6” as part of map; and the Building and Fire Departments had concerns about emergence egress. The applicant prepared Occupant Load and Exiting calculations, which the Building and Fire Departments approved, and no longer express concerns about evacuating the building. Staff believes the adaptive use of the building will benefit the growing downtown area as it will offer new uses to the area and help activate the Third Street access. The Commissioners discussed the following: 1) the age restrictions according to the type of license; 2) kitchen hours; 3) rooftop lounge request for live entertainment; 4) clarification of Condition No. 22 which is the type of live entertainment allowed, and Condition No. 33, which prohibits it from occurring on the rooftop lounge. As conditions are proposed, the live entertainment will only be permitted on the first floor of the Rockwell; 5) lighting issue with the alley entrance to the Rockwell; 6) details about how the reconfigurable seating works in Rockwell; 7) condition of the parking lot; 8) emergency egress from the rooftop lounge; 9) location and configuration of the standing food rail; 10) keeping the sidewalk clean and free of trash; 11) seismic structure stability of the building; 12) purchasing alcoholic beverages at the take-out window; 13) noise ordinance and standard condition compliance; 14) Downey “D” stamping platform; 15) 5-foot wide unobstructed path of travel; 16) no cooking for entertainment venue; 17) purpose of rooftop lounge; 18) queueing of patrons; 19) parking for larger vehicles; 20) pyrotechnics; 21) no outside promotors; 22) cleanliness of area outside of businesses; 23) customers in business after closing times; 24) impact on church in area; 25) control of potential public nuisance in the parking lot, sidewalks, and alley. Disclosures: Commissioner Dominguez disclosed drove by the site. Applicant Kirk Kartozian discussed his desire to restore the Avenue Theatre and adapt it for current day use. Mr. Kartozian added a request for a 24-hour pizzeria, and live entertainment with dancing at the Crawford. They feel since they are located off the beaten path and need the live entertainment and dance to attract customers. The Crawford is a Nano Brewery and they would like to be able to distribute and sell beer off site. Chair Rodriguez asked Mr. Kartozian how he would address the concerns of staff about the configuration of the restaurant. Draft Planning Commission Minutes January 03, 2018 - 3 - Mr. Kartozian stated they have not submitted final construction documents, and are willing to address the configuration issue to allow for live entertainment and dance at The Crawford. They are also a small footprint brewery and would like to sell and distribute their product. They have applied for an ABC license for distribution of the beer they produce and could potentially include growlers. Vice Chair Owens explained to the Commissioners that a growler is usually sealed with a cap and seal. Chair Rodriguez and Director Schindler discussed possible restrictions of consumption of product outside the business. It was determined that it would be impossible to control, and the purchaser would have to comply with State laws. Mr. Kartozian asked for a modification that requires the last call for alcohol to be at 1:30 a.m., with closure at 2:00 a.m. They would like the Planning Commission to consider a ramping or softening the abruptness of the closing. City Planner Blumenthal clarified the Downey Municipal Code (DMC) does state live entertainment must stop at 1:30 a.m. He said the Commissioners can address the softening request since background or ambient music is permitted. Chair Rodriguez said they would address having ambient music after 1:30 a.m. Mr. Kartozian stated he wanted to readdress the live entertainment on the rooftop. He stated before any final construction plans are submitted, they would work with all departments to make sure they meet all concerns about sound and configuration. Greg Simmonoff, SMS Architects, stated they provided a potential diagram of the rooftop deck. It would be a small type of live entertainment venue such as a guitarist, not a live band. The seating can be changed to set up for the entertainer. Chair Rodriguez asked about smoking and eating on the rooftop. City Planner Blumenthal stated smoking in businesses is regulated by the State Code; there is no smoking in places of employment or enclosed space. Mr. Kartozian asked the Commission to reconsider the distance of keeping the sidewalk clean, which currently states within 100 feet of place of business, especially in front of the pizzeria. He added, they are also going to submit a security plan which is proprietary and not public. Chair Rodriguez asked about the 24-hour pizzeria request. Mr. Kartozian stated they would like to keep the pizzeria open 24 hours for delivery, and serve food until 3:00 a.m. for guests leaving the live entertainment venue. Commissioner Dominguez asked for clarification of what they mean by Nashville style for The Crawford. Mr. Kartozian explained that Nashville style has to do with the food and lesser known bands playing. Vice Chair Owens added that Nashville style is a very vibrant night life where performers are trying to get in front of an audience. Chair Rodriguez decided, due to the length of time it is going to take to deliberate the request, to open the floor to public comments. Correspondence: Staff received three emails in support of the project: George Redfox, President of Downey Conservancy; Kathy Perez; and Mark Brown. Draft Planning Commission Minutes January 03, 2018 - 4 - Public Comments: Armando Herman expressed his concerns regarding last minute amendments and changes to the projects and ADA concerns. Adrian Sandoval has been a City of Downey resident for the last 20 years. He attended the local schools and is an attorney and real estate developer. He approves and is completely for this project. He feels it will provide a positive economic benefit and will enhance the area. George Manzana, Downey resident born and raised, recalled going to the Avenue as a child and feels the proposed project is a one of a kind. He believes the applicants have a great proven track record and they know their business. He is all for the project, including the live music on the rooftop. Jorge Ramirez, Downey resident for the last 15 years, and City Planner in a neighboring city, feels it is a great project that will revitalize the downtown and great to see the theatre building live. Feels the 36” glass railing on the Crawford rooftop is a good idea. Rachel Malkenhorst grew up in Downey and is currently the Director of Development for Los Angeles Ballet, formerly the Associate Dean of Advancement for the USC School of Architecture, and the former Preservationist for the City of Vernon. She left Downey and now lives in Downtown Los Angeles and sits on the Board for the Downey Conservancy. She commented that Mr. Kartozians’ project is the type of project that will bring people back to Downey. Mark Emelian, Downey resident and member of the Downey Conservancy. Mr. Emelian stated the use of the Avenue Theatre building is a dream come true for preservationists, and the proposed development respects the type of things that are important to area life. He fully supports the proposal. Emery Sippos stated he had a vision for Downtown Downey 17 years ago and invested in Downtown Downey and approves the proposal. Meredith Perkins reviewed his time as Planning Commissioner for the City of Downey. He expressed his approval of the Commissions questions regarding the development. He expressed the importance of preserving the historical part of the city, and this proposal would develop a very difficult building. He would like the Commission to consider approving the project. He commented that parking will always be a problem in the downtown area and valet parking might be a solution in the future. When asked how he feels about the rooftop live entertainment, he stated it is an important part to leave in the project. George Lopez stated he has been in Downey since kindergarten, is a local business owner, and supports the project. John Damoulakis, a local business owner that has been in Downey for 30 years gave his support the project. He believes restoring the Avenue and bringing it back to its former glory will be very beneficial for the city. Applicant’s Rebuttal: None. The Commissioners discussed the distance the businesses should be responsible for the cleanliness outside of their business. Staff recommended the Planning Commission modify Condition No. 34 as follows: The business owner shall ensure the business property is kept clean and free of litter and trash. This shall include all areas of the city owned parking lot adjacent to the building and all sidewalks and gutters for distance of however many feet the Commissions deem necessary. The applicant agreed to staff’s recommendation. Chair Rodriguez closed the public hearing. Draft Planning Commission Minutes January 03, 2018 - 5 - The Commissioners discussed 1) the 24-hour pizzeria delivery proposal and the restaurant remaining open until 3:00 a.m.; 2) live entertainment and alcohol sales at The Crawford; 3) live entertainment and dancing at the rooftop lounge; 4) ambient music after the live entertainment ends; 5) trash receptacle outside of the Avenue Pizza Restaurant; 6) no cooking at The Rockwell; and 7) VIP drop off for live entertainment venue and ADA parking. Chair Rodriguez reopened the public hearing. Mr. Kartozian thanked Commissioner Owens for bringing up the issue of parking and stated they will not need parking for larger vehicles. However, they will need a loading area for bands to bring in equipment. Director Schindler advised against designating a loading area. City Attorney Garcia stated there is a Municipal Code addressing loading areas, speeds, and such, which is outside of the Planning Commissions purview at the moment. The Commissioners further discussed: 8) no outside promoters; 10) entrance and egress for all three sites; 10) lighting by Rockwell entrance; 11) Crawford and Rockwell queueing; 12) trees, sidewalk and pizzeria take-out. City Planner David Blumenthal asked for clarification from the Planning Committee about the pizzeria’s hours of operation. The Commissioners discussed extending the hour of business until 3:00 a.m. as opposed to the other businesses in the area having to close by 2:00 a.m. Chair Rodriguez stated he views the extra hour for the pizza business differently than other businesses. Commissioner Flores agreed to extend the hours. Commissioner Dominguez stated it is a public safety issue and believes they need to listen to the recommendations of those enforcing public safety. Commissioner Dominguez and Commissioner Duarte were against extending the closing time. Director Schindler cautioned the Commissioners, advising them to consider, what would happen if the pizzeria were to stop selling pizza and they started selling something else instead. City Planner David Blumenthal asked for clarification on the live entertainment for the Crawford and for the Rockwell rooftop lounge. The Commissioners discussed and agreed to modifying and adding the following conditions of approval: 7) The applicant shall provide lighting on the east side of the building to illuminate the City-owned parking lot. Lighting shall be to parking lot standards. 18) Other than within the two (2) approved kitchens, there shall be no cooking within the building. 21) A trash receptacle shall be provided next to the food rail on Downey Avenue. The applicant shall maintain and empty the trash receptacle daily. The type and style of the trash receptacle shall be approved by the City Planner. 24) The permitted hours of operation for each business shall be as follows: • Downey Avenue Restaurant (11022 Downey Avenue) – 9:00 a.m. to 23:00 a.m. seven (7) days a week. Delivery may occur from the site 24 hours a day. Draft Planning Commission Minutes January 03, 2018 - 6 - 25) The following live entertainment shall be authorized during all approved hours of operation: • Downey Avenue Restaurant (11022 Downey Avenue) – None. • Third Street Restaurant (8310 Third Street) – None. Live bands, dj’s, customer dancing. 29) Alcohol shall not be sold for off-site consumption. 33) For the Entertainment Venue/Rooftop Lounge, the following additional conditions of approval shall apply: a) There shall be no live entertainment on the rooftop lounge. Entertainment on the rooftop lounge shall be limited to live bands, dj;s and customer dancing. e) Alcohol sales shall not be sold for off-site consumption. 34) For the Third Street Restaurant, the following additional conditions of approval shall apply: f) Beer may be sold for off-site consumption, provided it is sold in a sealed container. 35) For the Downey Avenue Restaurant, the following additional conditions of approval shall apply: e) Alcohol sales shall not be sold for off-site consumption. 36) The business owner shall ensure that the property and all areas within at least 100 feet of the businesses (include public sidewalk and City owned parking lot) are kept free of any waste or litter generated by the businesses. The business owner shall ensure that the property is kept clean and free of litter and trash. This shall include all areas of the City-owned parking lot that are adjacent to the building, and all sidewalks and gutters for a distance of 25 feet from the building. 61) All promotions of the business shall be conducted under direct control of the business owner. There shall be no outside promoters of live entertainment or night club activity at any time. 69) The business owner shall not permit any public nuisance within areas under his control, including but not limited to, unruly behavior by patrons, or any interactions with passersby. Areas under his control shall mean the parking lot to the north east of the business and sidewalks in front of the business (Third Street and Downey Avenue). It was moved by Chair Rodriguez, seconded by Commissioner Flores, and passed by a 5-0 vote; to adopt Resolution No. 17-3044, with modified conditions as stated, thereby approving the Modification to a Conditional Use Permit (PLN-17-00135). NON-AGENDA PUBLIC COMMENTS: Armando Herman discussed a variety of issues. CONSENT CALENDAR ITEMS: None. OTHER BUSINESS: None. Draft Planning Commission Minutes January 03, 2018 - 7 - STAFF MEMBER COMMENTS: Commissioner Dominguez asked for updates on the following projects: Marriott Springhill Hotel on Firestone Boulevard and Starbucks on Florence Avenue. Director of Community Development Aldo Schindler reported the Planning Division received the first plan submittal of the project in late December, and he will provide an update on Starbucks at a later date. ADJOURNMENT: Chair Rodriguez adjourned the meeting at 9:52 p.m., to Wednesday, February 7, 2018, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 6th day of March, 2019. Steven Dominguez, Chair City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on this 6th day of March, 2019, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission