HomeMy WebLinkAboutPC Minutes - 03-06-19MINUTES
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.
Planning Commission
March 6, 2019 Minutes
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 exteraGr-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. Aooroval 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.
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Planning Commission
March 6, 2019 Minutes
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 21 st day of August, 2019.
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, 2019, by the following vote:
AYES:
COMMISSIONERS:
Owens, Frometa, Spathopoulos and Dominguez
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Duarte and Owens
ABSTAIN:
COMMISSIONERS:
None
Mary Cav nagh, Secretary
City Planning Commission
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