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HomeMy WebLinkAbout3. Draft PC Minutes 06-05-19DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JUNE 5, 2019 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Dominguez called the June 5, 2019, Regular Meeting of the Planning Commission to order at 6:31 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Pledge of Allegiance, 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 Crystal Landavazo, City Planner Guillermo Arreola, Principal Planner Alfonso Hernandez, Associate Planner Madalyn Welch, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. REPORT ON CITY COUNCIL: None. CHANGES TO THE AGENDA: None. PUBLIC HEARINGS: 1. PLN-18-00188 (Conditional Use Permit): Chair Dominguez opened the public hearing for PLN-18-00188 and Ms. Cavanagh affirmed proof of publication. Assistant Planner Madalyn Welch presented the request by Mariscos Yandicris located at 10244 Lakewood Boulevard, zoned C-2 (General Commercial) to operate with a Type 41 (On Sale Beer & Wine Eating Place) Alcohol Beverage Control (ABC) License. The subject site is located within a 12-tenant retail complex. Assistant Planner Welch reviewed surrounding uses and parking requirements for the proposed use. The space currently operates as a juice bar, which the applicant proposes to convert into a seafood restaurant with interior tenant improvements and the outside patio will be fenced before approval for the sale of alcohol will be granted. The sale of alcohol must be incidental to the sale of food. There will be no live entertainment. This application was presented to the Development Review Committee (DRC) on December 27, 2018; the Police Department reinforced that the patio must be closed in with a fence and no entertainment or television on the patio and the remaining departments granted the standard conditions of approval. Planning Commission Draft Minutes June 5, 2019 - 2 - The Commissioners made inquiries regarding the on or off site sales of alcohol; the sale of alcohol for orders that are being picked up for delivery; does the ABC License allow for sales of sealed containers of alcohol; requirements to keep the sidewalk clean and the proposed fencing. Staff advised the Commission: Condition number (9) nine prevents the restaurant from selling alcohol for off- site consumption; the restaurant will not be able to sell alcohol for delivery or with carry out orders; the sale of sealed containers requires a different ABC License; and the fencing shall be a 42 inch wrought iron fence. Disclosures: Commissioner Spathopoulos stated he drove by the subject site the day before the Commission Meeting. Commissioner Frometa stated he visited the site the night before as well as the day of the meeting. Chair Dominguez stated he is familiar with the area. Applicant representative Alex Berrola (sp) stated the tenant does not intend to sell alcohol for off-site use. She intends to make sure the area will look great to attract customers. The fence will go along with the look of the building. The storage of alcohol will take up about five percent of the storage area and will be stored at room temperature and put in the display case as needed. Commissioner Spathopoulos asked if they had operated a restaurant before and why did they decide to go into the seafood restaurant. Mr. Berrolla (sp) stated the owner already sells limited food at the juice bar and is changing everything to become a full fledge restaurant. Commissioner Owens asked about the hedge that is shown in the rendering. Mr. Berrolla (sp) stated that the hedge is already in existence and the fence will be behind the hedge and there will be ample sidewalk available in front of the hedge to get to other businesses in the retail center. Commissioner Frometa asked if the patio fence gate and meeting the ADA requirements. Mr. Berrola (sp) confirmed, the gate will meet all the ADA requirements. Chair Dominguez requested an added condition that states the restaurant will be responsible for keeping the sidewalk in front of the restaurant clean. Mr. Berrolla (sp) stated the owner is willing to meet that condition. Commissioner Owens asked about the signage. Mr. Berrolla (sp) sated the sign will be smaller and more inline with the other signs already on the building and meeting all the requirements to meet the City of Downey sign requirements. Correspondence: None Public Comments: Armando Herman stated an interpreter should have been at the meeting. He added a restaurant must be able to sell alcohol. City Attorney Yvette Abich Garcia addressed an inaccuracy brought up by Mr. Herman. An applicant can request to have a translator attend the Planning Commission Meetings. In this case, the applicant brought their own translator and he did everything correctly. Staff recommended approval of the request for Conditional Use Permit (PLN-18-00188). Chair Dominguez closed the public hearing. Commissioner Spathopoulos requested adding a condition to add no entertainment, speakers, or television. City Planner Landavazo stated it would be best to add it to condition number 8 since that condition already has no live entertainment. The amended condition was passed by a 5-0 vote. Vice Chair Duarte requested a condition requiring the applicant maintain the sidewalk in front of the business. City Planner Landavazo suggested adding the condition as number 15. Planning Commission Draft Minutes June 5, 2019 - 3 - Commissioner Owens spoke in favor of the restaurant. City Planner Landavazo provided the language to modify the conditions of approval as follows: 8. There shall be no live entertainment within the business at any time. Exterior speakers and televisions are prohibited in the outdoor dining area. 15. Must maintain Lakewood Boulevard, from the northernmost edge through the southernmost edge of adjacent tenant spaces, free and clear of trash and debris during all hours of operation and up to (2) two hours after closure It was moved by Chair Dominquez, seconded by Commissioner Owens, and passed by a 5-0 vote, to adopt Resolution No. 19-3093, thereby approving the request for Conditional Use Permit (PLN-18-00188) with added condition and amended condition as stated. NON-AGENDA PUBLIC COMMENTS: Armando Herman spoke about the first amendment. Solomon Alvar and his wife live near the Tempo Cantina and complained of noise generated by the restaurant by the music and patrons gathering outside. The noise goes on until 1:00 a.m. or 2:00 a.m. on Thursdays, Fridays and Saturdays. The noise is disrupting their quality of life. Mr. Alvar said there were no issues with the former owners; it has only been an issue since the new owners took over in November, and the new owners must follow the same conditions as the previous owners. Mrs. Alvar said they are calling the police every week and sometimes the noise is less and asked for assistance. Chair Dominguez asked staff to obtain a Police Report of the noise complaints and bring the applicant in for review of their Conditional Use Permit. Director Schindler thanked the residents for coming forward and advised the couple to continue to call the Police Department as often as they need to if there is a disturbance that becomes bothersome. He suggested they also contact Code Enforcement Officers and also provide Assistant Planner Welch with their contact information to allow staff to contact the couple to help address these issues in the future. For the Planning Commissioner, because the issue was brought to our attention, we will provide the Planning Commission with reports for calls for service beginning with the opening of the restaurant, and any issues they’ve had with Code Enforcement. The Conditional Use Permit runs with the land, therefore, the new business must comply with the terms of the Conditional Use Permit. CONSENT CALENDAR ITEMS: 2. Approval of the Minutes from September 19, 2018 3. Approval of the Minutes from October 17, 2018 4. PLN-19-00090 (General Plan Consistency) A request to find that the Capital Improvement Program for the 2019-2020 fiscal year is consistent with the General Plan 5. PLN-19-00089 (Final Tract Map No. 81331) 11856 Old River School Road Public Comment: Armando Herman made comments that were not relevant to the Consent Calendar. It was moved by Commissioner Owens, seconded by Chair Dominguez, and passed by a 5-0 vote, with Commissioner Spathopoulos abstaining from items number 2 and 3. OTHER BUSINESS: None. Planning Commission Draft Minutes June 5, 2019 - 4 - STAFF MEMBER COMMENTS: Director Schindler reminded the Commissioners of a retreat scheduled for June 17th at 6:00 p.m. located at the Columbia Memorial Space Center. There are also minutes from a meeting for which there is a lack of a quorum. It was determined that Commissioner Owens will watch the video from the November 7, 2018, meeting. ADJOURNMENT: Chair Dominguez adjourned the meeting at 7:46 p.m., to Wednesday, June 19, 2019, at 6:30 p.m., at Downey City Hall, 11111 Brookshire Ave., Downey, CA 90241. APPROVED AND ADOPTED this 2nd day of October, 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 2nd day of October 2019, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission