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HomeMy WebLinkAbout3. Draft PC Minutes 05-20-2020 DRAFT MINUTES DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MAY 20, 2020 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Duarte called the May 20, 2020, Regular Meeting of the Planning Commission to order at 6:50 p.m., via Teleconference at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Patrick Owens, District 2 Dimitrios Spathopoulos, District 4 Nolveris Frometa, District 5, Vice Chair Miguel Duarte, District 1, Chair COMMISSIONERS ABSENT: Steven Dominguez, District 3 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Crystal Landavazo, City Planner Guillermo Arreola, Principal Planner Alfonso Herrera, Senior Planner Irving Anaya, 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 ACTION: Director of Community Development Aldo Schindler reported the City Council approved a lease agreement for a new cell tower located in the Public Works Yard on Bellflower Boulevard adjacent to the Independence Park that was previously approved by the Planning Commission. Additionally, Staff applied for a grant from the State Housing Community Development Department to assist with the cost of our future Housing Element update, that is an update of our Housing stock and future Housing Development capacity. This is a 15-month study that will consist of presentations to the Planning Commission followed by their approval and recommendation to the City Council. PUBLIC HEARINGS: 1. PLN-19-00191 (Conditional Use Permit): Chair Duarte opened the public hearing for PLN-19-00191 and Ms. Cavanagh affirmed proof of publication. Senior Planner Alfonso Hernandez presented the request by the Bar Louie Restaurant to operate with live entertainment (disc-jockey, karaoke, and open microphone), on property located at 8860 Apollo Way and zoned TLSP (Tierra Luna Specific Plan). The proposed hours for live entertainment are Thursday through Sunday from 9:00 p.m. to 1:30 a.m. with (4) four security guards present while live entertainment is hosted. He made note that the applicant is not seeking approval for the installation of a stage or dance floor/area, and will potentially have less impacts than other live entertainment applications, and the activities will complement the main use of the full service dining restaurant. The restaurant will continue operating with a Type 47 (On Sale General- Eating Place) Alcohol Beverage Control license. Due to the Corona Virus Pandemic, the Planning Department added a new Condition of Approval that requires compliance with current and future Draft Planning Commission May 20, 2020 Minutes - 2 - State and County Public Health Orders. The Commissioners discussed with Staff: the consistency of the proposed hours to operate with live entertainment as compared to other establishments within the City of Downey; the uniqueness of each location and potential affects to the surrounding uses determining what would be allowed at each site; and options for future business owners of the subject site. Disclosures: None. Bar Louie Restaurant Manager Chris Getz explained, the request for live entertainment is for weekends and special events, and is a crucial part of their success. The DJ is in a stationery location indoors, used for special events such as weddings or birthdays. They plan to expand the restaurant at a later date by adding a private dining room to hold meetings, birthday and anniversary celebrations. The Commissioners asked the applicant(s) if all Bar Louie locations operate in the same manner with live entertainment, if not, what is the percentage that has live entertainment, and is the Downey location included in the contract to sell or liquidate the restaurant? General Counsel Leigh Bailey informed the Commission that they are looking to add a private dining room, and made note that it is critical to obtain a live entertainment permit at this time. She explained how each location is unique and driven by the community. The holding company currently has an asset purchase agreement and they are hoping to close at the end of the month, which will have no bearing on the Downey site other than more infusion of cash that they hope will speed up the process of expanding the dining room. Public Comments: Chair Duarte asked for the first caller for public comments, Secretary Cavanagh stated there were no calls for public comment. He then called for written correspondences to be read into the record; Secretary Cavanagh stated there were no written correspondences. Chair Duarte closed the public hearing. The Commissioners spoke in support of the application, with Commissioner Spathopoulos commenting on future uses requiring review of the existing Conditional Use Permit (CUP). Director Schindler clarified the CUP runs with the land; therefore, if a change of ownership were to occur, the new owner would not require Planning Commission review or approval, unless they submit a request to modify the existing CUP, which would then require Planning Commission approval. Staff recommended approval of the request for a Conditional Use Permit (PLN-19-00191). The Commissioners asked if approving live entertainment on Sundays for this application would set precedent for other businesses. City Planner Landavazo provided the Commission with examples of Downey businesses within the Downtown area and explained that staff evaluates the different land uses individually. She explained approving land uses doesn’t necessarily set a precedent for all future applications as all applications are looked at uniquely based on their location, the operations that they are proposing, and the surrounding uses. The Commissioners spoke in favor of the application PLN-19-00191. It was moved by Commissioner Spathopoulos, seconded by Commissioner Owens, and passed by a 4-0-1 vote, with Commissioner Dominguez absent, to adopt Resolution No. 20-3117, thereby approving the request for Conditional Use Permit (PLN-19-00191). 2. PLN-19-00162 Zone Change and Site Plan Review): Chair Duarte opened the public hearing for PLN- 19-00162 and Ms. Cavanagh affirmed proof of publication. Draft Planning Commission May 20, 2020 Minutes - 3 - City Planner Crystal Landavazo presented the request for a Zone Change to remove the antiquated P-B (Parking Buffer) zone from a portion of property located at 9432 Telegraph Road, and rezone the entire site to C-2 (General Commercial); additionally, a Site Plan Review is requested to allow the construction of a new 7,788 square foot, two-story medical office building at the site. She reviewed the modern architectural design of the proposed two-story building and parking. The plans include modifying the existing 6-foot masonry wall on the north property line to match the material and appearance of the other existing walls, and removing a portion of the south wall to construct the new office building (the wall along the west property line will remain the same). Landscaping throughout the site will contain 3,616 square feet of drought tolerant trees, shrubs and vines throughout the setback areas to create a tiered landscape system. This application was presented to the City’s Development Review Committee and each provided conditions of approval: The Fire Department placed conditions regarding the size of the elevator, Knox box, emergency access, and requiring the entire building is fully equipped with sprinklers. The Public Works Department provided conditions to ensure that the driveway approach would meet current standards as well as requiring proper permits to be obtained for any public utilities. The Police Department expressed that the address must be highly visible. Conditions have been included to address all concerns. Applicants Blair Liggatt, Blair Design Group, Laguna Beach, CA, advised the Commission that the owner, Dr. Minou Tran has been in practice since 2002 and in Downey since 2014 and wishes to continue her practice Downey, currently operating at 8317 Davis St., Downey, CA specializing in Endocrinology. Public Comments: Mr. Robert Aranda, 9424 Telegraph Road, Downey, asked how the property will be hooked up to the sewer line. City Planner Landavazo stated, the subject site used to be on a Septic tank system and was recently connected to the city’s sewer system in anticipation of the project moving forward, at the applicants’ own risk. They worked with the Public Works department to pull permits and have that connection fed into the property before the city did a repaving along Telegraph Road. Mr. Aranda then expressed concern that the proposed 6-foot masonry wall facing his property will affect his privacy; he asked if the wall height can be increased to 7-feet. City Planner Landavazo took note of Mr. Aranda’s request and advised him that once the Public Comments are closed, the Commission can address his request during their deliberation. Isabel Banuelos, 9435 Cedartree Rd., Downey, CA requested the wall along the rear portion of the property can be increased to 7-feet in height. City Planner Landavazo advised her that her request was noted and will be considered during the Commissions’ deliberation. Chair Duarte called for written public comments, Secretary Cavanagh stated there were no written comments. Chair Duarte closed the public hearing. The Commissioners asked if Dr. Tran can provide hours of operation for her current practice and will she occupy the entire building. Dr. Tran stated her current hours of operation are Monday thru Friday 7:00 a.m. – 6:00 p.m. with the heavy hours being 7:30 to 1:00 p.m. She closes the office for lunch from1:00 p.m. to 2:00 p.m., and patients will arrive from 1:30 p.m. thru 5:45 p.m. The current location is not open on weekends; however, she is considering operating on Saturdays until 1:00 p.m. at the new site. She will occupy approximately 60% of the site and the remainder would be leased to a medically related business. Disclosures: None. The Commissioners discussed the residents’ requests to increase the height of the proposed wall for the sake of the residential neighbors’ privacy and agreed to increase the height of the wall to 7-feet. Chair Duarte reopened the public hearing to ask the applicant if they would agree to increase the wall to 7- Draft Planning Commission May 20, 2020 Minutes - 4 - feet. Mr. Liggatt expressed willingness to work with the residential neighbors and protect their privacy; however, there is a 46-foot setback and landscape plans that include a large number of trees in the back to protect the neighbors’ privacy. He requested that a rendering showing the landscaping along the wall is presented to show to the residents and give them the option to decide if they still want the 7-foot wall. The Commissioners asked if increasing the wall height to 7-feet would require additional review and/or permits that would delay the project. City Planner Landavazo advised the Commission, the applicant is allowed to increase the wall height to 7-feet without additional permits. Chair Duarte closed the public hearing. It was moved by Commissioner Spathopoulos, seconded by Vice Chair Frometa, and passed by a 4-0-1 vote, with Commissioner Dominguez absent, to adopt Resolutions No. 20-3118 thereby approving the request for a Zone Change and Resolution No. 20-3119 approving the request for a Site Plan Review (PLN-19-00162). NON-AGENDA PUBLIC COMMENTS: Chair Duarte opened the calls for public comments, Secretary advised the Chair there were no calls for public comment. Chair Duarte asked if there were any written correspondence to be read into the record; Secretary Cavanagh advised the Commission, Staff received one email correspondence from Karen Osorio, sent Friday, May 15, 2020, Subject: Legalize Cannabis Activity in the City of Downey; Opportunities Make medical & adult use Cannabis safe & legally available to residents in the City of Downey. Will provide tax revenue for the City and a safe market for patients & customers to obtain Cannabis during these high anxiety times of world Pandemic. Do not isolate Downey further from the world & other cities that voted for their right to legalize the use & marketing/sales of healthy safe methods of procuring cannabis via stringent ordinances ,standards & guidelines towards obtaining & maintaining permits & licensing for retail, delivery, & or manufacturing of cannabis for our Residents. In turn improving our immediate community by providing individuals opportunity to become business owners- providing a vital service, paying taxes, & employing our local residents, veterans, minorities or at risk individuals. Training & OSHA advancements included. Thank You Kindly for the Consideration, Karen Osorio Chair Duarte called closed the non-agenda public comments. CONSENT CALENDAR ITEMS: 3. General Plan Consistency Finding 4. 2019 General Plan Progress Report 5. Approval of the Minutes from January 15, 2020 6. Approval of the Minutes from March 4, 2020 It was moved by Commissioner Owens, seconded by Commissioner Spathopoulos and passed by a vote of 4- 0-1 with Commissioner Dominguez absent, to continue item no. 6 of the consent calendar: Approval of the March 4, 2020 Minutes, due to a lack of quorum. It was then moved by Commissioner Owens, seconded by Commissioner Spathopoulos and passed by a vote of 4-0-1 to approve items 3, 4 and 5 of the Consent Calendar, with Vice Chair Frometa abstaining from item no. 3. OTHER BUSINESS: Chair Duarte reported residential properties having overgrown weeds and grass on Lakewood Boulevard near the In & Out restaurant. Director Schindler advised the Commission that Staff Draft Planning Commission May 20, 2020 Minutes - 5 - conducted a corridor drive today and found a lot of the properties on our major corridors were flagged generally for landscaping and other types of debris. It was approached it with a lot of empathy in terms of these times, but some of the properties cannot go without being addressed. STAFF MEMBER COMMENTS: Director Schindler thanked the Commission for their participation tonight’s first teleconference meeting held during the pandemic. If you are interested in updates in terms of what’s happening in Downey in regards to our COVID 19 situation, please visit our website at downeyca.org; there is a tremendous amount of information on the COVID 19 that immediately flashes on the home page. Updates are also provided on the City Facebook page. Additionally, we were able to secure the American Inn as an offsite housing option for our first responders that were exposed to the COVID 19 virus and did not want to go home. Parks and Rec has been extremely busy even though the parks have been closed; they delivered 1,426 senior meals that include a tremendous amount of home deliveries, and 760 phone wellness checks to our seniors, and they make visits when seniors do not pick up the phone. They also obtained a grant from Kaiser Permanente for an exercise at home program. Chair Duarte thanked Staff, the Commission and members of the public who participated in the teleconference meeting. ADJOURNMENT: Chair Duarte adjourned the meeting at 8:08 p.m., to Wednesday, June 3, 2020, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 5th day of August, 2020. Miguel Duarte, 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 August, 2020, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission