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HomeMy WebLinkAbout3. Draft PC Minutes - 05-16-18DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MAY 16, 2018 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Owens called the May 16, 2018, Regular Meeting of the Planning Commission to order at 6:36 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Nolveris Frometa, District 5 Miguel Duarte, District 1 Steven Dominguez, District 3, Vice Chairman Patrick Owens, District 2, Chairman COMMISSIONERS ABSENT: Matias Flores, District 4 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Jim Eckart, City Prosecutor Brian Baker, Downey Police Lieutenant David Blumenthal, City Planner Guillermo Arreola, Principal Planner Monica Esparza, Senior Planner Alfonso Hernandez, Associate Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. CHANGES TO THE AGENDA: None. PRESENTATIONS: None. REPORT ON CITY COUNCIL: Director of Community Development Schindler reported the City Council considered the two items: Approval of ADU (Accessory Dwelling Units), and a Mansionization Study. PUBLIC HEARINGS: 1. PLN-18-00055 (Special Event Permit): Chair Owens opened the public hearing for PLN-18-00055 and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen presented the request by the St. George Greek Orthodox Church, located at 10830 Downey Avenue, on to conduct their annual Greek Festival on Saturday June 2, and Sunday June 3, 2018, from 11:00 a.m. to 10:00 p.m. The event will include food, drinks, vendor sales, alcoholic beverage sales, inflatable rides, and live entertainment, with an anticipated 600 people in attendance, on property zoned DDSP (Downtown Downey Specific Plan). Mr. Nguyen reviewed the surrounding uses, parking, and hours of operation for the event. During the Development Review Committee Meeting, the Downey Police Department expressed concerns regarding police presence during the live entertainment. Therefore, staff added a condition of approval to have uniformed police officers one hour before the commencement of live entertainment to one hour after the conclusion of live entertainment. The Fire Department expressed Draft Planning Commission Minutes May 16, 2018 - 2 - concerns regarding fire lane access throughout the site, particularly at the entrance/exit along Downey Avenue. Disclosures: None Applicant Gavril Gabriel, representing the Greek Orthodox Church, thanked staff for their efforts. He advised the Commission that last year was the first time the event was held on a Friday; however, the Church decided to forego Friday, and keep the event on Saturday and Sunday. Mr. Gabriel stated, to his knowledge there were no complaints from the neighbors. Mr. Gabriel presented his concerns and requests to modify the following conditions of approval: • Reduce the number of Downey Police Officers from (3) three to (2) two officers as in previous years; • Request for changes to the permit submittal dates for the event The Commissioners discussed the following with the applicant and staff: • Permitting process: Timelines for submittals and setup; • Downey Police Department’s concerns regarding the large number of people attending the event and the number of police officers needed; • The potential noise impact to the residential neighbors. Correspondence: None. Public Comments: Armando Herman stated he does not feel the public should have to pay for a police presence at the festival. Staff gave recommendation to adopt a resolution of approval of the request for a Special Event Permit (PLN- 18-00055). Chair Owens closed the public hearing. The Commissioners discussed the applicant’s request to modify the conditions of approval to increase the days for set up and tear down for the event, and removing the requirement to have police officers present one hour before and one hour after live entertainment and agreed to modify the conditions as follows: 6) Set up for the event shall occur no earlier than Thursday, May 31, 2018 Wednesday, May 30, 2018. Clean-up activities, which include the removal of all tables and chairs, booths, trash receptacles, stage, electrical equipment, and garbage, shall be removed by Tuesday, June 5, Wednesday, June 6, 2018, by 6:00 p.m. 45) The owner/applicant must have two (2) uniformed police officers on scene at least one hour prior to the commencement of live entertainment and at least one hour after the conclusion live entertainment at all times that live entertainment is occurring. The Commissioners spoke in favor of the event and modifying conditions of approval Numbers 6 and 45. It was moved by Commissioner Frometa, seconded by Commissioner Duarte, and passed by a 4-0-1 vote, with Commissioner Flores absent, to adopt Resolution No. 18-3053, thereby approving the request for a Special Event Permit (PLN-18-00055). 2. PLN-18-00057 (Special Event Permit): Chair Owens opened the public hearing for PLN-18-00057 and Ms. Cavanagh affirmed proof of publication. Draft Planning Commission Minutes May 16, 2018 - 3 - Senior Planner Monica Esparza presented the request by Bastard’s American Canteen, located at 11045 Downey Avenue, zoned DDSP (Downtown Downey Specific Plan), to conduct their 6th Annual Memorial Day Event on Monday, May 28, 2018, from 11:00 a.m. to 10:00 p.m. The event includes live entertainment from 12:00 p.m. to 8:00 p.m.; a beer garden and trailer selling food and drinks, with Alcohol consumption restricted to the beer garden only. There will be a Vendor Village with vendors selling goods and services, along with a stage for live entertainment. A security guard will be checking identification at the entrance of the beer garden. There will be a partial street closure of Second Street, between Downey Avenue and New Street; both property owners have given consent to close the street(s). This portion of Second Street is private; as such, it does not require City Council approval. The Second Street closure will begin at 6:00 a.m. on Monday, May 28, 2018, and will re-open at 2:00 a.m. on Tuesday, May 29, 2018. Set-up for the event will take place in the parking lot on Sunday, May 27, 2018, at 12:00 p.m. During the May 3, 2018, Development Review Committee Meeting, the Police and Fire Departments expressed concerns regarding emergency exiting, and the number of people attending. Conditions of approval have been placed to mitigate these concerns, and standard conditions were applied by all departments. Disclosures: None Applicants: Nick Velez and Emmanuel Imada stated this is the sixth annual Memorial Day event. It is a free community event to honor our fallen heroes and collect clothing for homeless veterans. Correspondence: None Public Comments: Armando Herman spoke in favor of the event. Staff recommended approval of the request for a Special Event Permit (PLN-18-00057). Chair Owens closed the public hearing. The Commissioners spoke in favor of the event. It was moved by Commissioner Duarte, seconded by Vice Chair Dominguez, and passed by a 4-0-1 vote, with Commissioner Flores absent, to adopt Resolution No. 18-3054, thereby approving the request for a Special Event Permit (PLN-18-00057). 3. PLN-18-00054 (Modification to a Conditional Use Permit): Chair Owens opened the public hearing for the request for PLN-18-00054 and Ms. Cavanagh affirmed proof of publication. Principal Planner Guillermo Arreola gave a PowerPoint presentation of the request to modify an existing (CUP) Conditional Use Permit (Revision B to PLN-16-00114) for the Hookah Hub Hookah Lounge, located at 8323 Firestone Boulevard, on property zoned DDSP (Downtown Downey Specific Plan). The applicant is requesting CUP modifications to maintain consistency with similar businesses. Several conditions of approval were amended during the November 1, 2017 public hearing; some of the more significant amendments include: • Live entertainment (no disc jockeys, live band, musicians) and dancing is prohibited; • The permitted hours of operation of the business shall be from 6:00 p.m. to 12:00 a.m., seven (7) days a week; • Non-live entertainment (ambient music) shall be permitted from 6:00 p.m. and 1:30 a.m. • A cover charge is prohibited; • During all hours of operation, the business owner/applicant shall comply with and strictly adhere to the security plan, as approved by the Chief of Police. This shall include the business owner/applicant providing a minimum of two (2) licensed and bonded, uniformed patrolmen for security. One security guard shall be posted at the rear exit of the business to direct customers to Draft Planning Commission Minutes May 16, 2018 - 4 - the front entrance and to prevent loitering and illegal and suspicious activity in the parking area. The number of security guards shall be determined by the Chief of Police and may be increased or decreased as the Chief of Police determines is necessary. The initial security plan shall be submitted to the Police Department by November 8, 2017. Should the Police Department request any additional information or modifications, the business owner/permittee shall submit said revisions within forty-eight (48) hours of notification. Principal Planner Arreola briefly reviewed the April 12, 2018 security plan approved by the Downey Police Department, and found there have been no incidents since the issue date. Downey Police Department Lieutenant Brian Baker stated the security conditions implemented by the Planning Commission on November 1, 2017, went under appeal; and while under appeal, the October, 2017 security plan was to be enforced. The police discovered in January 2018, the Hookah Hub was no longer working under the October security plan while the appeal was pending. The Hookah Hub management claims to have lost business due to not having live entertainment; and as a result of the lost revenue, the owner reduced staff. The Downey Police Department decided to allow them to operate with the security plan they were using in January while the appeal was pending. The current security plan in place was approved the beginning of March, 2018 and finalized on April 12, 2018. Since the November 1, 2017 appeal, there have been (9) nine calls for service. The following (2) two incidents that occurred at the location were discussed: The first incident occurred on March 4, 2018, at 2:03 a.m.; a fight erupted stemming from security removing underage patrons; whereas the underage patrons later returned to the Hookah Lounge and started the fight. The second incident occurred on Sunday, April 1, 2018; at 12:14 a.m. when a police officer, while on patrol, noticed about (30) thirty gang members loitering in the rear parking lot of the Hookah Lounge. The police officer discovered a loaded hand gun next to the front tire of a parked vehicle. The subjects had just arrived with intent to go into the Hookah Lounge. Vice Chair Dominguez asked for clarification as to which security plan that was in place prior to the incidents. Lieutenant Baker stated the October 2017 security plan was in place while the appeal was pending. Although the Hookah Lounge changed the security plan due to lack of business without the Downey Police Department’s endorsement, the Police Department did endorse the change once they became aware of the reason for the change. Disclosures: Commissioner Dominguez and Commissioner Duarte had a brief conversation. Applicants Leiv Sarterian, Counsel for the Hookah Hub, and Emad Hanna, business owner/operator, explained, there have been significant changes to the business that resulted in a considerable decrease in operating revenue since the live entertainment ceased in November, 2017. Mr. Sarterian stated they have been working with staff and Lieutenant Brian Baker to develop a new security plan. The newly implemented security plan requires (2) two recognizable, license and bonded security guards stationed at the front and rear doors on busy days; and security monitoring the parking lot every twenty minutes. Mr. Hanna made note, that on the day of the fight, he was the one that called the police; he saw the incident happening on the security camera while he was at home; and there have been no issues since the new plan was implemented. The Commissioners expressed concern with security and safety, and the calls for service. Correspondence: None Public Comments: Armando Herman asked for a remedy that benefits everyone in the community. Applicant Rebuttal: None. Draft Planning Commission Minutes May 16, 2018 - 5 - Staff gave recommendation to approve the request for a CUP Modification (PLN-18-00054), subject to conditions of approval. The Commissioners discussed concerns regarding the business operating in violation of the existing CUP conditions of approval; the short length of time the current security plan has been in place; concern with the calls for service; the implications if they are found to be in violation of the conditions of approval; the owner’s unilateral decision to change the security plan without advisement or permission from the Police Department; and discontentment with the applicants disregard of the conditions of approval. City Prosecutor Jim Eckart discussed the Hookah Hub’s the hours of operation, security measures and previous conditions of approval under previous CUP with the Commissioners. The Commissioners discussed denial of the request for a CUP Modification, due to lack of compliance of the existing conditions of approval; high number of calls for service; and the disregard for safety of the public and residents. Chair Owens closed the public hearing and called for a brief recess at 8:08 p.m. and reconvened the meeting at 8:13 p.m. It was moved by Vice Chair Dominguez, seconded by Commissioner Duarte, and passed by a 4-0-1 vote, with Commissioner Flores absent, to deny (PLN-18-00054), thereby directing staff to return to the next hearing with a resolution of denial. 4. PLN-18-00025 (Zone Text Amendment): Chair Owens opened the public hearing for PLN-18-00025 and Ms. Cavanagh affirmed proof of publication. Associate Planner Alfonso Hernandez gave a PowerPoint presentation of a request for Zone Text Amendment revising regulations related to Commercial Recreation uses in the commercial zones. Staff received a request from the City Council to explore allowing Martial Arts uses in the Neighborhood Commercial (C-1) Zone. Commercial recreation lists a wide variety of uses that are allowed in the city, but not in the Neighborhood Commercial Zoning. Staff found that some of these uses such as: yoga, martial arts, arts, crafts and other potential similar, less intensive uses would fit in well with the nearby residential environments. Staff proposes to break the Commercial Recreation definition into to two categories: Commercial Recreation and Minor Commercial Recreation. Minor commercial recreation would define less intensive small scale uses and other potential similar, less intensive uses; and updated the parking regulations accordingly. The uses that fall into the Commercial Recreation definition are unfairly classified, and therefore restrictive on locating them in zones that would be appropriate for their uses. The Commissioners discussed the type of martial arts that would fall under minor commercial recreation. Correspondence: None Public Comments: Armando Herman expressed his concerned about zone changes. Staff recommended the Planning Commission recommend the City Council approve the request for a Zone Text Amendment and adopt a resolution of approval. Chair Owens closed the public hearing. It was moved by Commissioner Duarte, seconded by Vice Chair Dominguez, and passed by a 4-0-1 vote, with Commissioner Flores absent, to adopt Resolution No. 18-3055, thereby recommending the City Council approve the request for a Zone Text Amendment (PLN-18-00025). Draft Planning Commission Minutes May 16, 2018 - 6 - NON-AGENDA PUBLIC COMMENTS: Armando Herman expressed his discontent with the grievance procedure regarding ADA compliance. City Attorney Yvette Garcia discussed the City’s compliance with regard to ADA grievance procedures. CONSENT CALENDAR ITEMS: 5. Approval of the Minutes from April 18, 2018 6. Adoption of a Resolution of denial for Negative Declaration, General Plan Amendment and Zone Change (PLN-17-00145) 7. Extension of Tentative Parcel Map No. 73819 Director of Community Development Schindler advised the Commission of a lack of quorum for Item No. 6 of the Consent Calendar, which will be continued to the next meeting. It was moved by Commissioner Frometa, seconded by Commissioner Duarte and passed by a 4-0-1 vote, to approve Item No(s) 5 and 6 of the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director of Community Development Schindler advised the Commission of a grant received from Metro to install (3) three bike stations within the City of Downey. The bike stations are supplied with bikes used for the day and returned to a bike station in the city. Staff is looking at the following locations: Downtown Downey, the Promenade, Discovery Park/Columbia Memorial Space Center and/or the Stonewood Mall. Staff has a Request for Proposals to locate a vendor that can assist staff with this project. ADJOURNMENT: Chair Owens adjourned the meeting at 8:55 p.m., to Wednesday, June 6, 2018, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 20th 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 20th day of March, 2019 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission