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HomeMy WebLinkAbout6. Draft Minutes 12-04-19 DRAFT MINUTES DOWNEY CITY PLANNING COMMISSION WEDNESDAY, DECEMBER 4, 2019 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Dominguez called the December 4, 2019, 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: Dimitrios Spathopoulos, District 4 Nolveris Frometa, District 5 Miguel Duarte, District 1, Vice Chair Steven Dominguez, District 3, Chair COMMISSIONERS ABSENT: Patrick Owens, District 2 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Crystal Landavazo, City Planner Guillermo Arreola, Principal Planner Alfonso Hernandez, Senior Planner Madalyn Welch, Assistant Planner Mary Cavanagh, Secretary Lieutenant Loughner, Downey Police Department PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. REPORT ON CITY COUNCIL ACTION: The City Council approved a contract with Dixon Resources Limited for the annual downtown parking assessment. PUBLIC HEARINGS: 1. PLN-19-00105 (Conditional Use Permit): Chair Dominguez opened the public hearing for PLN-19- 00105 and Ms. Cavanagh affirmed proof of publication. Senior Planner Alfonso Hernandez presented the request to amend an existing Conditional Use Permit (CUP) PLN-13-00085, which approved live entertainment, alcohol sales, size of use, and a night club use for “Club db Lounge”, on property located at 8206 Firestone Boulevard, within the Downtown Downey Specific Plan (DDSP). The applicant is seeking to expand the business area by absorbing the east abutting tenant space at 8214 Firestone Boulevard. The new space will increase the club floor area by 1,289 square feet. The majority of the expansion includes a bar area that will be accessed by employees only. The business has recently obtained building permit approval to convert existing open lounge area into additional restrooms. The combination of the proposed new bar area and elimination of existing lounge area through a recent remodel will result in no net increase of lounge area open to the public. Therefore, no changes are proposed for the amount of patrons allowed within the building, or required parking. The night club will continue to comply under existing conditions of approval, and continue to operate with an ABC (Alcohol Beverage Control) Type 48 (On Sale General – Public Premises) License, and live entertainment. Staff also included changes to the proposed hours of operation to be consistent with other businesses offering live entertainment in the Draft Planning Commission December 4, 2019 Minutes - 2 - area. This application was presented to the Development Review Committee at which time the Downey Police Department approved the Security Plan that included 15 security guards. The Commissioners inquired about call; what time the live entertainment ends; security and calls for service for the last three years. Senior Planner Hernandez stated both are 30-minutes before closing. Downey Police Lieutenant Scott Loughner stated he only has data on the past year; within that time there have been 124 calls to the area, although they cannot all be attributed to the Club db Lounge since there are two other bars in the area. There have been 46 calls specific to the Club db Lounge, and the current owner has been very cooperative with the Downey Police Department. The Commissioners asked if Lt. Loughner considered 46 calls to be a high number and if are there standards in place for the queue outside of the establishment. Lieutenant Loughner stated the Club db Lounge security is good and they take care of the queue; 46 calls would normally be considered high, however it is standard for this type of business; most of the calls were municipal code violations and not major crimes. The Commissioners asked about exterior lighting. City Planner Landavazo stated that they would be required to comply with municipal code requirements. Disclosures: Chair Dominguez stated he walked the area on Monday. Applicant representative Adel Bazzi, Architect, said they will be using the adjacent space which has been empty for the last two years for the expansion. The owner has been unable to lease the space because there is no parking for that space. The current dance floor is very crowded and to improve safety, the business owner decided to use the space for his club and relocate the bar area to free up more space for the dance floor. He advised that the owner has submitted a photometric plan to the Planning Department. The Commissioners discussed the following with Mr. Bazzi: Access to the space; size of the bar; queueing of customers; entrances and exits to the establishment and the proposed redesign/configuration of the club utilizing the adjacent space Correspondence: An email was been received that was not included in the attachments; City Planner Landavazo read said email into the record as follows: From: Scott Silver [mailto:scott@silverlawla.com] Sent: Friday, November 29, 2019 3:20 PM To: Alfonso S. Hernandez Cc: Elliot Sassover; jsassover@elevadocapital.com; Aldo E. Schindler; h.gevorkyan@clubdblounge.com; mansfield.collins@mansfieldcollinslaw.com Subject: CUP Application PLN-19-00105 for Club DB Lounge - 8206 Firestone Expansion Mr. Hernandez, I am counsel for, and a managing member of Downey Doo Wop LLC, the owner of 8124 – 8140 Firestone Blvd. (APN 6255-001-010). Downey Doo Wop LLC acquired 8124 – 8140 Firestone Blvd. on August 19, 2019 pursuant to the attached Grant Deed. The attached Notice of Public Hearing was first brought to my attention by an email from the prior owner of our property below the night before Thanksgiving (less than 48 hours ago). We are writing to voice our support to this CUP application as we desire that Mr. Gevorkyan be granted the right to expand his operations because, just like us and all other property owners and Draft Planning Commission December 4, 2019 Minutes - 3 - users on Firestone Blvd., we believe that the Firestone Boulevard Gateway area is in great need of new and expanded businesses of all sort being open for operation in as many street front spaces as possible; the large gaps created by vacancies on Firestone Blvd. are scars upon Firestone Blvd. which are slow to heal. Mr. Gevorkyan seems like a good operator and his Club DB Lounge appears to us to be run in a safe and responsible manner. We hope to soon be joining Mr. Gevorkyan in creating a number of new and vibrant tenancies along Firestone Blvd. However, we do need to address the effect of the current CUP Application and the increased parking requirements for the potentially expanded Club DB Lounge upon the Shared Parking Agreement which was entered into at the direction of your Office by the Applicant in 2012 with an individual, Salvatore Sabbatino, a copy of which is attached, which relates to rights of the Applicant (to satisfy a prior issued CUP in 2012) to satisfy his parking requirements by parking on our property, 8124 – 8140 Firestone Blvd. Two sections of the Shared Parking Agreement will need to be considered by the City at this time: • Section 2.2 of the Shared Parking Agreement provides that Mr. Gevorkyan guarantees that there will be no substantial alteration in his Club DB Lounge use that will create a greater demand for parking beyond the Licensed [68] Parking Spaces. Clearly, the current CUP application seeking to expand his Club DB Lounge into an adjacent 1,289 square feet will create a greater demand for parking, thereby creating a breach of the Shared Parking Agreement. • Section 3 of the Shared Parking Agreement provides that the Shared Parking Agreement may terminate if the City of Downey (1) determines that the shared parking is no longer required or (2) approves replacement parking. On or about July 31, 2019 I inquired with the Director of Community Development of the City of Downey, Mr. Aldo Schindler, regarding parking requirements for the Club DB Lounge. Mr. Schindler informed me that the Club DB Lounge could simply purchase an unlimited number of replacement parking spaces in perpetuity from the City of Downey by way of paying a $200 per parking space annual parking fee. With regard to the 68 parking spaces at our property, this would mean $13,600 annually which is an increase of only $2,800 over the $10,800 annually which Mr. Gevorkyan already pays under the Shared Parking Agreement. As Mr. Schindler is aware, my partners and I are in the process of redeveloping our property with all new tenants. The Shared Parking Agreement serves to create a problem for the redevelopment of our property in that it creates a great uncertainty for us and our prospective tenants and lenders regarding parking demand and use on our property’s available parking spaces. In turn, if our redevelopment is stymied then the development of the Firestone Boulevard Gateway area desired by the City of Downey will be stunted, at least as to the block upon which our property is situated. The current CUP application creates an opportunity for the City of Downey to undo a harm done seven years ago to a neighboring property and its potential for future re-development. During our sale escrow in July 2019, Mr. Sabbatino informed me and my partners that he had no recollection or understanding that he had signed any agreement which would create a shared parking agreement which would cloud title and create a problem and uncertainty in perpetuity; in fact, Mr. Sabbatino thought he simply had a “handshake agreement” with Mr. Gevorkyan which could be terminated at any time. Mr. Sabbatino’s family members who were co-members of the owner of our property in 2012 Sabbatino Centers, LLC were in fact shocked to learn of the very existence of the recorded Shared Parking Agreement for the first time in July 2019 and informed us that Mr. Sabbatino was elderly and confused and had no authority to sign the Shared Parking Agreement in his individual capacity as he wasn’t the owner of the property at the time it was signed (Sabbatino Centers, LLC was). Draft Planning Commission December 4, 2019 Minutes - 4 - Accordingly, we hereby request that the City of Downey condition any approval of CUP Application PLN-19-00105 upon a termination of the Shared Parking Agreement based upon: (1) the expansion of the Club DB Lounge creating a greater demand for parking which will constitute a breach of Section 2.2 of the Shared Parking Agreement, (2) a determination by the City of Downey that the shared parking is no longer required under the Shared Parking Agreement; and (3) an approval by the City of Downey of replacement parking for the Shared Parking Agreement’s 68 parking spaces. Thank you for your time in reviewing the facts and documentation we have provided above and attached and for considering our above request. PS Please change the address records in the Planning Dept. to the address below so that we receive mailings from your office timely in the future. Thank you. Downey Doo Wop LLC 10573 W. Pico Blvd., Suite 218 Los Angeles, CA 90064 Scott Silver Silver Law Offices Inc. phone (310) 684-3611 Public Comments: Jorge Savar (sp) said he created a Downey Community Facebook page and people have been posting and complaining about the Club db Lounge approach to get patrons to leave once the business is closed for the night. He feels they should not be heavy handed with the customers. Jonathan Sassover, 442 S. Doheny Drive, Beverly Hills, is the owner of the property that shares parking with the lounge. He spoke in favor of the expansion of the lounge and would like to discuss shared parking. Mr. Bazzi stated they would like to have a conversation with the owner of the shared parking at a later date. Once they come to an agreement they will present it to the Planning Staff. Chair Dominguez called for a break at 7:39 p.m. and called the meeting to order at 7:48 p.m. City Attorney Garcia stated the shared parking agreement is a separate civil matter between two property owners and not a matter for the Planning Commission. Staff recommended approval of the request for a Conditional Use Permit (PLN-19-00105). Chair Dominguez closed the public hearing. The Commissioners discussed outside lighting requirements, ADA compliance, crowd control outside of the business, and security. Lieutenant Loughner read the conditions of the security plan. The Commissioners also discussed the time that the live entertainment shall cease. The Commissioners discussed modifying the hours for live entertainment to cease at 1:30 a.m. in order to conform to the surrounding businesses. Chair Dominguez reopened the hearing. Mr. Bazzi stated they are trying to work with the City and are giving up hours of operation during the week, making aesthetic improvements to the adjacent space and request to maintain the existing hours for live entertainment until 1:45 a.m. as changing them will hurt the business. Chair Dominguez stated they are not asking them to stop music, they can still have ambient music after 1:30 Draft Planning Commission December 4, 2019 Minutes - 5 - a.m. Mr. Bazzi explained that they could lose up to 20 percent of the business by taking away the 15 minutes. The owner is currently giving up four days to comply with Staff’s recommendation, but reducing the live entertainment by 15 minutes will dramatically affect the business. Adam Solórzano (sp), Manager at Club db Lounge, stated that alcohol is cut off at 1:30 a.m. while dancing goes to 1:45 a.m.; cutting off the music at 1:30 a.m. will drastically harm the business. There are very few patrons between 9:00 p.m. and 11:45 p.m.; if they have to stop dancing at 1:30 a.m. it will destroy the business. Mansfield Collins, Attorney for Club db Lounge, stated the club business has changed and the clientele will go to a nearby city that stays open later, it is extremely important for the night club to have live entertainment until 1:45 a.m. Chair Dominguez closed the hearing. The Commissioners questioned how the business would lose 20 percent business when alcohol has already been cut off at 1:30 a.m. Commissioner Frometa stated since they are reducing the amount of days they would operate, he feels they should be allowed to have the live entertainment until 1:45 a.m. Vice Chair Duarte stated the other businesses that stop live entertainment at 1:30 a.m. are restaurants that operate as supper clubs and do not compare to a night club such as Club db Lounge that is strictly a night club and he feels that carries a lot of weight. Furthermore, there is a very good relationship between Club db Lounge and the Police Department. Chair Dominguez stood firm in his opinion that there needs to be uniformity in their requirements. City Attorney Garcia stated the Commissioners are at a 2-2 split and they have to come to a resolution, or the application will be denied. Commissioner Spathopoulos said they don’t want businesses losing out because of a decision they make. City Planner Landavazo clarified that dancing is part of the City’s definition of live entertainment; so if the music stops so does the dancing, that is part of the applicant’s concern that they will lose business. The Commissioners discussed the option to continue the meeting due to a deadlock; continuing the application to a later date in January would allow Commissioner Owens to view the video and vote on the item. Chair Dominguez reopened the public hearing and asked the applicant(s) if they would be willing to continue to a later date in January. Mr. Collins advised the Commission that the 15 minute reduction to the hours for live entertainment would be detrimental to the business, and if an agreement cannot be made, the owner will have to withdraw the application. Mr. Bazzi reminded the Commission that if the application is withdrawn, the adjacent space will remain vacant with no modification to the façade. Hayk Gevorkyan, owner of Club db Lounge, stated they do a great job of escorting everyone outside from 1:45 a.m. to 2:00 a.m. and everyone is gone by 2:00 a.m. He explained how removing 15 minutes of live entertainment can kill the business as other night clubs they compete with outside of Downey that remain open until 3:00 a.m. The other businesses in the Downtown area start earlier in the day and sell food, Draft Planning Commission December 4, 2019 Minutes - 6 - whereas the night club business starts late and there are no food sales to help generate income. The business is affected by the length of time the customer will stay at the club. If it is too short, they will go elsewhere; half of the business is repeat business. Mr. Solórzano, stated the business is a night club and dancing is the primary portion of the business; cutting off dancing at 1:30 a.m. is a big deal in the very competitive night club industry. Public Comment: Jorge Havar (sp) is concerned if 15 minutes is enough time for patrons to wind down before leaving the establishment and believes the applicant should show proof that revenue is reduced. Chair Dominguez asked if the applicant would be in favor to continue the item. Mr. Bazzi stated they are not in favor. There is a major concern due to building code changes on January 1, 2020. Chair Dominguez called for a break at 8:52 p.m. and called the meeting to order at 8:50 p.m. Mr. Bazzi stated if they are not able to keep the 1:45 a.m. end time they will withdraw the application. He did point out if they do walk away, live entertainment will continue to end at 1:45 a.m. seven days a week. Since they are reducing their business hours during the week, they are asking for an exception to be able to remain open until 1:45 a.m. on weekend nights. Also, the new Building Code will go into effect in January causing problems with the current renovations. Director Schindler suggested holding a special meeting before the end of the calendar year so that all five Commissioners can be present. Mr. Collins added the business loss of 20 percent is conservative. W hat they perceive will happen is there will be a snowball effect of the regular customers leaving and going somewhere else which will adversely impact the business. Commissioner Spathopoulos reminded them the City is not losing anything; the applicant is submitting a proposal. He did research during the break and found that they are the only establishment that is allowed to have live entertainment until 1:45 a.m. Chair Dominguez closed the public hearing. Commissioner Spathopoulos stated he feels the 1:30 a.m. will hurt the business in the long run. The applicant is currently operating at 1:45 a.m. and he is the only full night club in the City of Downey, and he feels that is important since he is not selling food like the other establishments. Vice Chair Duarte stated he understands night club patrons do not show up until later in the night. He said if they do not grant the 1:45 a.m. cut off time the business will withdrawal and will keep the 1:45 a.m. they currently are allowed. He also stated they will improve the appearance of the façade. In addition, without the sale of food they need the extra 15 minutes of live entertainment. Commissioner Frometa stated he does not see a reason to modify their hours since they are doing a remodel and there haven’t been any issues caused by the hours they are currently allowed to operate. The Commissioners discussed modifying the conditions of approval. City Planner Landavazo reviewed the modified the conditions as follows: 12) The site shall remain in conformance with this request and the approved set of plans, specifically elevations proposed on sheet A-3.1 in plans date stamped June 27, 2019. This includes completion of and final-sign off of building permits for the new restrooms in southwest portion of the business. Draft Planning Commission December 4, 2019 Minutes - 7 - 33) A photometric plan must be included as part of the plan check submittal. The illumination plan must clearly indicate all parking areas will provide adequate lighting for safety of patrons and the surrounding area. The outdoor areas along Firestone Boulevard and Lorena Avenue must be included as part of the photometric plan. 34) Customer queuing at Firestone Boulevard shall be kept against the building and shall not block ADA accessibility on the public sidewalk. The use of temporary queue-line rope is permitted, subject to the approval of the Planning Division and Police Department. 43 45) The owner/applicant shall impose enforce a dress code that shall not permit patrons to wear the following: Gang attire/colors, baggy pants, bandanas, back packs, and/or caps that are worn backwards. 46 48) Upon determination by the Chief of Police that the operation of the business requires additional on-site security, the applicant shall submit and obtain approval of a revised security plan to the Chief of Police. A minimum of fifteen (15) security guards must be provided and may be increased or decreased as the Chief of Police determines is necessary. The security plan shall be submitted to the Police Department within fourteen (14) days of being requested and. 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. It was moved by Vice Chair Duarte, seconded by Commissioner Frometa, and passed by a 4-0-1 vote, with Commissioner Owens absent, thereby approving the request for a Conditional Use Permit (PLN-19-00105) with modified conditions as stated. 2. PLN-19-00155 (Zone Text Amendment): Chair Dominguez opened the public hearing for PLN-19- 00155 and Ms. Cavanagh affirmed proof of publication. City Planner Crystal Landavazo presented the request to amend various sections of Article IX of the Downey Municipal Code to comply with new State Legislation related to Large Family Daycare uses in residentially zoned properties. The new legislation states that large family daycares are to be treated the same as small daycares, and allowed to operate within residential zones. The Planning Commission will no longer receive applications for large daycares. There are no maximum numbers allowed and no space requirements between daycare locations. These changes will take effect on January 1, 2020. Disclosures: None. Correspondence: None. Public Comments: None. Chair Dominguez closed the public hearing. The Commissioners had no issues or comments. It was moved by Commissioner Spathopoulos, and seconded by Commissioner Frometa, and passed by a 4-0-1 vote, with Commissioner Owens absent, thereby recommending the City Council approve Zone Text Amendment (PLN-19-00155). NON-AGENDA PUBLIC COMMENTS: None Draft Planning Commission December 4, 2019 Minutes - 8 - CONSENT CALENDAR ITEMS: 4. Approval of the Minutes from August 21, 2019 5. Approval of the Minutes from November 6, 2019 It was moved by Commissioner Spathopoulos and seconded by Commissioner Frometa, and passed by a vote of 3-0-2, to approve the Minutes from August 21, 2019, with Vice Chair Duarte abstaining and Commissioner Owens absent from item 4 of the consent calendar. Item 5 of the consent calendar passed with a vote of 4-0-1, with Commissioner Owens absent, to approve the Minutes from November 6, 2019, meeting. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director of Community Development Schindler stated Monday, December 9th at 6:30 p.m. the City of Downey will host a Housing Resource Fair at the Columbia Memorial Space Center. ADJOURNMENT: Chair Dominguez adjourned the meeting at 10:08 p.m., to Wednesday, December 18, 2019, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 15th day of January, 2020. 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 15th day of January, 2020, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission