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HomeMy WebLinkAbout6. Draft PC Minutes - 03-06-19DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MARCH 6, 2019 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Dominguez called the March 6, 2019, Regular Meeting of the Planning Commission to order at 6:47 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Steven Dominguez, District 3, Chair Dimitrios Spathopoulos, District 4 Nolveris Frometa, District 5 Miguel Duarte, District 1, Vice Chair Patrick Owens, District 2 COMMISSIONERS ABSENT: None. OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Guillermo Arreola, Principal Planner Alfonso Hernandez, Associate 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 ACTION: None. PUBLIC HEARINGS: 1. PLN-19-00007 (Conditional Use Permit): Chair Dominguez opened the public hearing for PLN-19- 00007 and Ms. Cavanagh affirmed proof of publication. Associate Planner Alfonso Hernandez presented the request for a Conditional Use Permit (CUP) to allow an existing restaurant, Berto’s Mexican Restaurant, to operate with an Alcoholic Beverage Control (ABC) Type 41 license (On-Sale Beer and Wine – Eating Place). The subject site is located at 11949 Paramount Boulevard, and zoned C-1 (Neighborhood Commercial). He gave a PowerPoint presentation showing the current signage, floor plan and parking. The proposed hours of operation are Sunday through Thursday from 11:00 a.m. – 9:00 p.m. and 11:00 a.m. to 10:00 p.m. on Friday and Saturday. The previous business (Marisa’s Mexican Restaurant) had been operating since 1990 with an Alcoholic Beverage Control (ABC) license and no live entertainment; however, they allowed their ABC license to expire on September 30, 2017. Because of the lapse in time exceeding 180 days, the new business owner is required to obtain a CUP in order to sell alcohol at the establishment. This application was presented to the Development Review Committee, at which time there were no concerns expressed and standard conditions of approval were applied. Draft Planning Commission March 6, 2019Minutes - 2 - The Commissioners discussion with staff: Concern that the alcohol storage area is open and accessible to the public, and reviewed options to secure the storage area; the number of parking spaces and ADA compliance; and modifying Condition No’s 10 and 23. Disclosures: Commissioners Frometa and Spathopoulos drove by the subject site. Applicants: Jakleen Charitan, business owner, together with building owner June Corn, 11949 Paramount Boulevard, Downey, advised the Commissioners, the request to sell alcohol is due to a daily request by patrons of the restaurant. The alcohol storage area will be stored in a secure cooler in the server(s) station and they will add swinging doors to secure the area from the public. Staff modified the following conditions as discussed: 10) The sale of alcohol shall be incidental to the sale of food. The service/sale of prepackaged foods, salads, or sandwiches is not considered to be in compliance with this condition. 23) Signs shall be posted at all entrances to the premises and business identifying a zero-tolerance policy for nuisance behavior at the premises (including the parking lot). Signs shall be posted along the exterior patio entry/exit ways and shall also include verbiage prohibiting the possession and consumption of alcohol outside the premises. Correspondence: None. Public Comments: Armando Herman spoke in favor of the request. Staff recommended approval of the request for a Conditional Use Permit (PLN-19-00007) with modified conditions as stated. Chair Dominguez closed the public hearing. The Commissioners spoke in favor of the applications with the added security to the alcohol storage area. It was moved by Commissioner Frometa, and seconded by Commissioner Owens, and passed by a 5-0 vote, to adopt Resolution 19-3083, thereby approving the request for a Conditional Use Permit (PLN-19- 00007) with modified conditions as stated. NON-AGENDA PUBLIC COMMENTS: Public Comments: Armando Herman discussed various issues relating to the Promenade, street repairs and lack of ADA compliance on city streets. City Attorney Yvette Garcia gave the Commission an update on the project to improve the city streets and sidewalks for ADA compliancy. CONSENT CALENDAR ITEMS: 2. Approval of the Minutes from 01-03-18 3. Approval of the Minutes from 04-04-18 Public Comments: Armando Herman discussed items unrelated to the Consent Calendar and was advised this portion of the meeting is to discuss only the items listed on the Consent Calendar. Mr. Herman commented on the January 3, 2018 Minutes regarding his confusion with the Alcohol Beverage Control licenses for the proposed restaurants within the former Avenue Theatre, and lack of ADA throughout the site. Draft Planning Commission March 6, 2019Minutes - 3 - It was moved by Commissioner Owens and seconded by Vice Chair Duarte to approve the Consent Calendar, passing by a vote of 3-1-1, with Commissioners Frometa and Spathopoulos abstaining from the January 3, 2018 Minutes, and a vote of 4-0-1, with Commissioner Spathopoulos abstaining from the April 4, 2018 Minutes. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director of Community Development Schindler spoke briefly on the Public Scoping Meeting for the Rancho Los Amigos South Campus Specific Plan held on February 25, 2019 at the Barbara J. Riley Center located at 7810 Quill Drive in Downey. ADJOURNMENT: Chair Dominguez adjourned the meeting at 7:30 p.m., to Wednesday, March 20 2019, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 21st day of August, 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 21st day of August, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission