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HomeMy WebLinkAboutPC Minutes - 07-01-20MINUTES DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JULY 1, 2020 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Duarte called the July 1, 2020, Regular Meeting of the Planning Commission to order at 6:41 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 Patrick Owens, District 2 Dimitrios Spathopoulos, District 4 Miguel Duarte, District 1, Chair COMMISSIONERS ABSENT: Nolveris Frometa, District 5, Vice Chair OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Crystal Landavazo, City Planner Guillermo Arreola, Principal Planner Irving Anaya, Associate Planner Mary Cavanagh, Secretary Scott Loughner, Downey Police Department Lieutenant PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. REPORT ON CITY COUNCIL ACTION: None. 1. PLN -20-00032 and PLN -19-00198 [Conditional Use Permit and Minor Conditional Use Permitl: Chair Duarte opened the public hearing for PLN -20-00032 and PLN -19-00198 and Ms. Cavanagh affirmed proof of publication. Associate Planner Irving Anaya presented the request for a for a Minor Conditional Use Permit (MCUP), to allow a new restaurant, "Dirt Dog", to construct a 300 square foot outdoor dining area; and a Conditional Use Permit (CUP) to allow the new restaurant to operate with an Alcohol Beverage Control (ABC) Type 41 (On Sale Beer and Wine — Eating Place) license. The subject site is located within a commercial center at 9414 Firestone Boulevard, and zoned C-2 (General Commercial). The surrounding uses include C-2 (General Commercial) to the east, R-3 (Multi -Family Residential) to the south, SP 91 (Lakewood/Firestone Specific Plan) to the west, and properties to north, across Firestone Boulevard are zoned C-1 (Neighborhood Commercial) and P -B (Parking Buffer). The outdoor dining area shall be enclosed with 42" tall metal posts with a cable railing fence and hanging string lights to accommodate the new 300 square foot outdoor dining area. A new planter area will be landscaped and serve as a buffer between pedestrians and the dining area, including ADA access from both the interior and exterior, located within the new landscaped area. The request to sell beer and wine is for both the indoor and outdoor dining areas; therefore, Staff has included a condition of approval restricting alcohol Planning Commission July 1, 2020 Minutes beyond the outdoor dining area. The hours of operation are daily, from 10:30 a.m. to 11:30 p.m. This application was presented to the Development Review Committee, at which time there were no expressed concerns and standard conditions of approval were applied. The Commissioners discussed options to address safety concerns for the outdoor dining area that faces the heavily traveled street Firestone Boulevard. Public Comments: None. Applicant Kenny Dang, together with Gary & Associates Architects John Pangilinan and Miguel Topete, discussed the Commission's concerns and agreed to install bollards for safety purposes. City Planner Landavazo proposed adding the following condition to address safety concerns pertaining to the outdoor dining area: 22) Provide appropriate vehicle safety improvements in the form of decorative bollards or similar items, subject to approval of the Deputy Director of Public Works and the City Planner. It was moved by Commissioner Dominguez, seconded by Commissioner Owens, and passed by a 4-0-1 vote, with Vice Chair Frometa absent; to adopt Resolution No. 3124, thereby approving the request(s) for a Minor Conditional Use Permit (PLN -19-00198) and Conditional Use Permit (PLN -20-00032). 2. PLN -20-00029 J ite Plan Review and Conditional Use Permit]: Chair Duarte opened the public hearing for PLN -20-00029 and Ms. Cavanagh affirmed proof of publication. Principal Planner Guillermo Arreola presented the request for a Site Plan Review, to allow a vacant commercial property to be remodeled into a new bar/lounge, and a Conditional Use Permit to operate the establishment with live entertainment and an Alcohol Beverage Control (ABC) Type 48 (On -Sale General — Public Places) license. The subject site is located at 11002 Downey Avenue within the Downtown Downey Specific Plan (DDSP), surrounded by mixed commercial and residential uses. The proposed hours of operation are daily, from 4:00 p.m. to 2:00 a.m. with live entertainment hours from 9:00 p.m. to 1:00 a.m. (musicians and/or bands). Principal Planner Arreola explained the proposed ABC Type 48 license is limited to bars and nightclubs and the service of food is not required. The bar/lounge proposes to operate without a kitchen, offering prepackaged food such as cheese dishes, olive plates and charcuterie platters. The proposed remodel includes foldable doors/windows along the north and west side and outdoor seating. The Downtown Downey Specific Plan (DDSP) does allow outdoor dining, but it is only allowed in conjunction with a restaurant or similar use. Staff expressed concern that adding foldable doors/windows to the bar/lounge may lead to the placement of tables and chairs in the area in front of the planter thus creating an outdoor drinking area because meals are not provided by the proposed business. This application was reviewed by the Development Review Committee; conditions were applied, including the Police Department's requirement to submit a security plan. The Police Department stated their concerns associated with the foldable doors/windows: 1) potential security and noise impacts, 2) issues related to the service of alcohol in close proximity to the public right-of-way; 3) lack of supervision of the north seating area; 4) need for a barrier to separate the activity in the exterior areas from the sidewalk. -2- Planning Commission July 1, 2020 Minutes Principal Planner Arreola stated Staff worked diligently with the applicant so that a positive recommendation could be made; however, they reached a stalemate and the applicant chose to present the project to the Planning Commission as proposed. He explained that based on the analysis provided, Staff was unable to make the required findings necessary to recommend approval of this project and recommended that the Planning Commission deny the request for a Conditional Use Permit and a Site Plan Review (PLN -20-00029). The Commissioners discussed the following with Staff: • The location and design of the project are ideal for the downtown area • Foldable doors are noncompliant with the Downey Municipal Code (DMC) and concerns pertaining to spillage or expansion of the bar activity into the public right-of-way • ABC regulations pertaining to open air Restaurants, bars and similar uses • Police Department concerns with security, the number of guards needed, and potential for outdoor alcohol consumption • Hours of operation for both the business and live entertainment • Location of live entertainment (band/musician) and the potential noise impact to surrounding uses • Options to add conditions to control potential spillage from blocking the public right-of-way in order to keep the foldable doors • The seating area along 3rd street and live entertainment locations are not shown on the plans • ADA accessibility; once tables, chairs and planters are installed there is no room in the public right- of-way to accommodate accessibility on the sidewalk. • Former Mi Cielo roof top bar received noise complaints from residential neighbors • Land uses must be considered for current and future uses and the potential impacts • Clarification of the DDSP allowance for a bar in the downtown area, and the distinction between a restaurant and a bar. ■ Staff's endeavors in working with the applicant to reach a positive recommendation and the applicant's commitment to the proposed design and decision to move forward with the project and have the Planning Commission make the final determination. • Continuing the public hearing to give the applicant time to address insufficiencies in the proposal. Applicant, Simon Simonian stated his intent for the bar/lounge is to enhance the downtown area by creating a lounge that is aesthetically pleasing, while providing an environment for a 30 and over crowd. He read the DMC regulations pertaining to outdoor dining and interpreted the term "similar uses" to mean "any uses that serve food". Being that the bar/lounge will serve prepackaged food and charcuterie platters, he concluded it would therefore be considered the same as a restaurant. He made note that his primary concern with the project is the design, and he will adhere to the decision of the Planning Commission. The Commissioners spoke in favor or the design and location. They considered live entertainment to be an asset for the lounge with a limit to the number of musicians allowed and live entertainment, and stated signage is needed to inform the public there is no smoking and no drinking beyond a set perimeter. Dial -in Public Comments: Mr. Gabriel, residing on 5th Street in Downtown Downey, spoke highly of the applicant and the project. He expects it will be successful and a good fit for the downtown area. Alma Padilla, a 22 -year Downey resident spoke highly of the applicant and the project. She stated the City has been in need of a high end establishment and this will be a great place for networking and enjoying cocktails with background music that will allow a conversation. -3- Planning Commission July 1, 2020 Minutes Rebecca Reyes, a Downey Resident since 1994, spoke in favor of the project. She believes the project will provide a great atmosphere for the downtown area and a great place to hold community meetings. Marisol Castillo, Downey business owner and 15 -year Downey resident, spoke in favor of the project. She said it will benefit the community, as a quiet place for business owners to get together in a quiet and comfortable setting. Email Correspondence(s) Public Comments: Received: Wednesday 7/1/2020 4:03 p.m. From: Family Reyes resident of Downey, stated support for the project as a resident for over 30 years. He stated new businesses in the downtown add value to the City. Received: Wednesday 7/1/2020 at 4:03 p.m. From: Stephanie Silva advocated for the project. Looks forward to the opening of the project and believes it will attract a tranquil environment. Best Regards, Stephanie Silva In person Public Comments: Susana Norris, 10216 Western Avenue spoke in favor of the project. She spoke highly of the design and location of the lounge and believes Downey would benefit from an elegant lounge that caters to business persons. Alexandra Haynes, 30 -year Downey Resident, spoke in favor or the project. She owns (2) two businesses in Downey, (1) one is in the Downtown area, and stated the project would benefit her business by having an upscale lounge to take her clients, or hold fund raisers without the disruption of a younger crowd. Monica Vargas, Downey business owner spoke in favor or the project and commented that there are enough clubs and bars in the area. The lounge will be a good place to take clients and/or host fundraisers and will bring more business to the City of Downey. Lilian Simonian spoke in favor of the project as both a Downey resident and the applicants' spouse. She was pleased to work with her husband in her trade as an LA County Dietician to create a menu that offers healthy food for the Bella Lounge. They are strong believers in giving back and believe the lounge would be a nice place for local charities to hold fundraisers. Dr. Daniel Martinez, Downey resident, spoke in favor of the project and highly of the applicant. He said it is a new concept for Downey and believes the lounge will be a benefit to the community and a nice safe environment to enjoy cocktails and a meal. Carlos J. Martinez, Downey resident and business owner, spoke in favor of the project. He stated the foldable doors would be a benefit during the COVID Pandemic and benefit the city. He said Downey is need of an upscale quiet place to meet and talk with clients and hopes the Planning Commission finds a way to make the project work and approve it. David Gonzalez, Downey Resident and business owner in favor of the project and the applicant. He found the design to be a modern, progressive design and a concept that will cater to patrons 30 years -4- Planning Commission July 1, 2020 Minutes and over, will complement the downtown area, and be a source of pride for the city. He concluded, the foldable doors and outdoor seating would be an asset during the Covid-19 Pandemic and will become the norm. George Cervantes, Downey resident and business owner spoke in support of the applicant and project. He said that he is over 40 and would love to have a nice place to relax, have cocktails and conversations. He approves of the design and believes the lounge will also beautify the downtown. Jacquelyn Gamiz, spoke in favor of the project. She complimented the design and said it is a place where she can spend time with friends and it is needed in the city. There being no further public comments, Chair Duarte closed the public hearing and called for a break at 8:41 p.m., and reconvened the meeting at 8:52 p.m. Commissioner Dominquez asked if the Police Department can provide the number of noise related calls for service for the applicant's (3) three Downey businesses. Lieutenant Scott Loughner informed the Commission that he did not have information pertaining to the former Palms Restaurant located at 8060 Florence Avenue because it was recently acquired by the applicant. Specific to the downtown businesses, there were 31 calls for service related to Joseph's Bar and Grill, 10 were for disturbances and 21 for assaults, suspicious events, vandalism and domestic disturbance. Similar establishments located on Downey Avenue received the following calls for service: BRB Restobar had 10 calls, Mambo Grill had 3 calls and the Mosaik Lounge, which Mr. Simonian took over in June of 2019, had 2 calls for service. The Commissioners spoke in favor of the design and location of the site for the downtown area. They discussed options to add conditions to reach a positive result. After much discussion, they were unable to support the project as presented and recommended continuing the public hearing. The Commission directed Staff to work with the applicant and include the Commission's recommendations to provide a detailed security plan; details pertaining to live entertainment location; and modify the hours of operation to be consistent with other establishments in the downtown area; and, return for approval. City Planner Landavazo requested clarification as to the date of the continuation and advised the Commission that there is not enough time to prepare the item for the next meeting on July 15th because those deadlines had already passed. She suggested that in order to work with the applicant in resolving the stated issues and return with a Resolution to approve the application, the Commission continue to a date uncertain, and direct Staff to work with the applicant and return with a Resolution of approval. Director of Community Development Aldo Schindler advised the applicant, if the item is continued, he must submit the documents that were not provided during this hearing in order to reach a positive outcome. Chair Duarte reopened the public hearing at 9:30 p.m. and asked the applicant if he would agree to work with Staff to submit required items and return with a positive resolution. Mr. Simonian was not agreeable to continue the public hearing to a date uncertain. He stated that he was ready to get his business started and did not want further delays. Director Schindler explained the Commission has stated they don't have enough information to approve as presented and they will need additional information and revised plans. He stated that Staff can have the item ready for the August 5th meeting, provided he submitted his additional information quickly. -5- Planning Commission July 1, 2020 Minutes Mr. Simonian agreed to submit his items and agreed to the August 5th continuation. It was moved by Commissioner Owens, seconded by Commissioner Spathopoulos, and passed by a 4-0- 1 vote, with Vice Chair Frometa absent, to continue the public hearing for a Conditional Use Permit PLN - 20 -00029, to the August 5, 2020 Planning Commission Meeting and direct Staff to work with the applicant and return with a Resolution for approval. NON -AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 3. Approval of the Minutes from March 4, 2020 It was moved by Commissioner Spathopoulos, seconded by Commissioner Dominguez, and passed by a 3-0-1-1 vote, with Commissioner Owens abstaining and Vice Chair Frometa absent; thereby approving the Consent Calendar. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director Schindler informed the Commission, that the City of Downey has implemented two new programs related to the COVID 19 pandemic. 1) A Rental Assistance Program to assist residents who have been affected by the pandemic and are income eligible. He said the program is filling up quickly and urged the Commission to spread the word. The second is for Outdoor Dining. The program is to assist Downey restaurants to achieve 100% of their occupancy with outdoor dining. The programs were advertised on the City website, social media, the Downey Latino and Downey Patriot newspapers. ADJOURNMENT: Chair Duarte adjourned the meeting at 9:53 p.m., to Wednesday, July 15, 2020, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 3rd day of February, 2021. 2'*-� Miguel P , rte, 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 3`d day of February, by the following vote: AYES: COMMISSIONERS: Duarte, Owens and Spathopoulos NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Montoya and Ortiz { Mary Ovanagh, Secret City Pl nning Commission ISM