HomeMy WebLinkAbout3. Draft PC Minutes - 10-17-18DRAFT MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, OCTOBER 17, 2018
CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
Chair Owens called the October 17, 2018, 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, Secretary Cavanagh
called roll.
COMMISSIONERS PRESENT: Miguel Duarte, District 1
Patrick Owens, District 2, Chairman
Steven Dominguez, District 3, Vice Chairman
Nolveris Frometa, District 5
COMMISSIONERS ABSENT:Matias Flores, District 4
OTHERS PRESENT: Aldo E. Schindler, Director of Community Development
Yvette Abich Garcia, City Attorney
David Blumenthal, City Planner
Monica Esparza, Senior Planner
Alfonso Hernandez, Associate Planner
Guillermo Arreola, Principal Planner
Scott Knox, IT Help Desk Support Tech
Mary Cavanagh, Secretary
PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS: None
PRESENTATIONS:
1. PC Training – New Electronic Vote System
IT Help Desk Support Tech Scott Knox gave the Commission a brief training on the new electronic voting
system.
CHANGES TO THE AGENDA: None.
REPORT ON CITY COUNCIL: Director of Community Development Aldo Schindler reported the City Council
established an Interim Urgency Ordinance on massage establishments to allow Staff time to do a study on
massage establishments within the city.
PUBLIC HEARINGS:
2. PLN-18-00153 (Special Event Permit): Director Schindler stated this item has been rescheduled to
November 7, 2018.
It was moved by Vice Chair Dominguez, seconded by Commissioner Frometa and passed by a 4-0-1 vote,
with Commissioner Flores absent, to continue the request for a Special Event Permit (PLN-18-00153) to the
November 7, 2018 meeting.
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3. PLN-18-00126 (Special Event Permit) continued from October 3, 2018: Chair Owens opened the
public hearing for PLN-18-00126 and Ms. Cavanagh affirmed proof of publication.
Associate Planner Alfonso Hernandez presented the request for a Special Event Permit for the Desert Reign
Assembly of God Church; to conduct their 9th annual “Harvest Festival” on property located at 11610
Lakewood Boulevard and zoned C-P (Professional Office). This application is identical to previous years’
applications. The event will be held on Wednesday, October 31, 2018, from 5:30 p.m. to 8:30 p.m. There will
be inflatable rides, a train ride, game booths, live entertainment, food sales, security, and an estimated
attendance of 500 people. The application was reviewed by the Development Review Committee with no
expressed concerns.
Commissioner Duarte asked if there were any issues that required police presence last year. Associate
Planner Hernandez stated there were no issues.
Disclosures: Vice Chair Dominguez stated he drove by the site.
Applicant: Joyce Ratlan representing the Desert Reign Assembly of God Church said the event is a safe
alternative to walking the streets on Halloween night.
Correspondence: None.
Public Comments: None.
Staff recommended approval of the request for a Special Event Permit (PLN-18-000126).
Chair Owens closed the public hearing.
Commissioners Comments: None.
It was moved by Vice Chair Dominguez, seconded by Commissioner Duarte, passed by a 4-0-1 vote with
Commissioner Flores absent, thereby approving Special Event Permit (PLN-18-000126).
4. PLN-18-00125 (Variance) continued from September 19, 2018: Chair Owens opened the public
hearing for PLN-18-00125 and Ms. Cavanagh affirmed proof of publication.
Principal Planner Guillermo Arreola presented the request to allow deviation from the maximum allowed 8-
foot tall monument sign to a 16.5-foot tall monument sign, on property located at 10780 Fairford Avenue and
zoned SP-90-1 (Florence Ave/I-5 Specific Plan). He reviewed the location, surrounding uses, design and
location of the sign. The request for a Variance is due to construction of the new Florence Avenue Bridge,
whereas the property is now located behind a 13-foot high retaining wall, thereby restricting visibility of the
business and has become a hardship to the business owner. This application did not require review by the
Development Review Committee.
The Commissioners discussed the hours of operation; illumination of the sign, concern for nearby residents;
the position and height of the sign. They suggested increasing the height of the sign to 8-feet above the
retaining wall.
Disclosures: Vice Chair Dominguez stated he walked around the site and spoke with the business manager
who informed him that the new construction has significantly impacted his business (Diesel-Tune), and the
lack of having a monument sign will continue to be a detriment to this business.
Applicant Steve Rosenbloom, National Sign Marketing Corporation, 13580 Fifth Street, Chino, CA 91710
represented the ownership of property located at 10780 Fairford Avenue. He explained that they hadn’t
considered the height difference between the wall and the proposed sign until they reread the staff report; if
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they were aware of the height difference, they would have requested the height to be 8-feet above the wall.
Correspondence: There have been no correspondences outside of public comment received and resolved at
the previous hearing.
Public Comments: None.
Staff recommended approval of the request for a Variance (PLN-18-00125).
Chair Owens closed the public hearing.
The Commissioners discussed the conditions of approval with staff and agreed to modify the following:
1) The approval of this Variance and (PLN-18-00125) allows the deviation from Sections III-G(4)(c) of the
Florence Ave/I-5 Specific Plan 90-1 on property located at 10480 Fairford Avenue. Specifically, this
approval allows the construction of a 16.5 19.5-foot high monument sign along the Florence Avenue
street frontage.
Additionally, modifications will be made to the Findings “D” and “E” to reflect “a 16-.5 19.5 foot tall sign”
The Commissioners spoke in favor of the Variance with the modified condition and findings.
It was moved by Vice Chair Dominguez, seconded by Chair Owens, and passed by a 4-0-1 vote, with
Commissioner Flores absent, to adopt Resolution No. 18-3072, thereby approving Variance (PLN-18-
000125) with the modified condition and findings as stated.
5. PLN-18-00119 (Conditional Use Permit): Chair Owens opened the public hearing for PLN-18-00119
and Ms. Cavanagh affirmed proof of publication.
Senior Planner Monica Esparza presented the request for a Conditional Use Permit for an existing restaurant
(Fonda Maria) to operate with an Alcoholic Beverage Control (ABC) Type 41 (On-Sale Beer & Wine – Eating
Place) license, on property located at 7840 Firestone Boulevard, Suite 103, and zoned C-2 (General
Commercial). Ms. Esparza reviewed the surrounding uses and the floor plan of the existing restaurant.
There will be no live entertainment, the kitchen will remain open, and the sale of alcohol is incidental to the
sale of food, which is specific to the ABC Type 41 license. The hours of operation are from 8:00 a.m. to 10:00
p.m. daily. This application was presented to the Development Review Committee with no expressed
concerns.
Disclosures: Vice Chair Dominguez stated he visited the site.
Applicants M/M Hector Rodriguez said they have owned the restaurant for four years and the request for an
ABC license is in response to the many requests made by their patrons requesting beer and wine to be
served with their meals.
Vice Chair Dominguez asked about the renovations inside the restaurant. Mrs. Rodriguez stated they are
knocking down a wall to create more space inside the restaurant. They are also extending their hours of
operation at the request of their customers, to be open from 8:00 a.m. to 10:00 p.m.
Correspondence: None.
Public Comments: None.
Staff recommended approval of the request for a Conditional Use Permit (PLN-18-00119).
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Chair Owens closed the public hearing.
The Commissioners spoke in favor of the request(s) and asked for confirmation of the proposed hours of
operation due to the draft resolution reflecting closing at midnight, whereas the applicant stated the business
will close at 10:00 p.m.
Senior Planner Esparza explained the business owners’ request was to extend the hours to close at 10:00
p.m.; however, Staff recommended they extend the closing hours to midnight to spare them the time and
cost of applying for a modification to the Conditional Use Permit should they decide to extend the hours at a
later date.
Vice Chair Dominguez made a motion to change the condition to modify the closing hours to 10:00 p.m.; the
motion died for a lack of a second.
It was then moved by Commissioner Duarte, seconded by Commissioner Frometa, and passed by a 4-0-1
vote, with Commissioner Flores absent, to adopt Resolution No. 18-3073, thereby approving Conditional Use
Permit (PLN-18-000119).
6. PLN-18-00104 (Conditional Use Permit): Chair Owens opened the public hearing for PLN-18-00104
and Ms. Cavanagh affirmed proof of publication.
Associate Planner Alfonso Hernandez presented the request for a Conditional Use Permit to allow an
existing restaurant (Quick Time Pizza) to operate with an Alcoholic Beverage Control (ABC) Type 41 (On-
Sale Beer & Wine – Eating Place) license, on property located at zoned C-2 (General Commercial).
Associate Planner Hernandez reviewed the surrounding uses, parking, floor plan and extending the hours of
operation to closing at 1:00 a.m. He explained the applicant is requesting the sale of beer and wine for both
on-site and off-site sales, which can be granted with the Type 41 ABC license, noting, the alcohol can only
be delivered to and paid for by someone over the age of 21.
Commissioner Frometa asked if any other business delivers alcohol. Director Schindler reviewed the various
businesses that currently deliver alcohol.
Disclosures: Vice Chair Dominguez stated he passed by the area, and Chair Owens said he is a patron of
the business, but has not visited the site with regards to the hearing.
Applicant/Business Owners Jose Rebasa and Luis Sanchez were present to address any questions or
concerns presented.
The Commissioners inquired as to how many days of the week they will operate until 1:00 a.m. and the
reason for extending the closing hours; delivery hours for alcohol and how they will prevent selling to
underage customers; and the age requirement of the delivery drivers.
Mr. Sanchez stated they would like to remain open until 1:00 a.m. on Fridays and Saturdays due to the
requests of their patrons to remain open beyond 10:00 p.m.; they will require identification upon delivery and
if the customer is not 21, they will deliver food only, no alcohol. The delivery drivers are required to be at
least 21 years of age.
Director Schindler stated the alcohol delivery hours would be during the business hours of operation, with a
last call 30 minutes prior to closing.
Correspondence: None.
Public Comments: None.
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Staff recommended approval of the request for a Conditional Use Permit (PLN-18-00104).
Chair Owens closed the public hearing.
Commissioner Duarte requested a modification to the conditions of approval to reflect extending the closing
hours to 1:00 a.m. on Friday and Saturdays only.
Vice Chair Dominguez asked how to prevent the restaurant from turning into a bar. City Planner Blumenthal
explained the purpose of the Conditional Use Permit is to allow Staff to modify or revoke the permit if it does
become an issue. There is also a standard condition that states the Police Department can institute a
security requirement. Director Schindler stated, the lack of dancing or seated bar areas will prevent the
restaurant from turning into a bar.
It was moved by Vice Chair Dominguez with a change to hours of operations, seconded by Commissioner
Duarte, and passed by a 4-0-1 vote, with Commission Flores absent, to adopt Resolution No. 18-3074,
thereby approving Conditional Use Permit (PLN-18-000104).
NON-AGENDA PUBLIC COMMENTS: None.
CONSENT CALENDAR ITEMS: None.
OTHER BUSINESS: None.
STAFF MEMBER COMMENTS: None.
ADJOURNMENT: Chair Owens adjourned the meeting at 8:07 p.m., to Wednesday, November 7, 2018, at
6:30 p.m. at Downey City Hall, 11111 Brookshire Ave.
APPROVED AND ADOPTED this 5th day of June, 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 5th day of June, 2019, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission