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Home My WebLink About3. Draft Minutes 08-05-2020 DRAFT MINUTES DOWNEY CITY PLANNING COMMISSION WEDNESDAY, AUGUST 5, 2020 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Duarte called the August 5, 2020, Regular Meeting of the Planning Commission to order at 6:39 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Nolveris Frometa, District 5, Vice Chair Patrick Owens, District 2 Dimitrios Spathopoulos, District 4 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 Madalyn Welch, Assistant Planner Mary Cavanagh, Secretary Perry Miller, Downey Police Department Sergeant PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. PRESENTATIONS: None. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN-20-00029 (Site Plan Review and Conditional Use Permit): Chair Duarte reopened the public hearing for PLN-20-00029 continued from the July 1, 2020 meeting. Principal Planner Guillermo Arreola presented a request to approve a revised Site Plan Review to allow two vacant commercial properties to be remodeled into a new bar/lounge, and a Conditional Use Permit to operate the establishment with an Alcohol Beverage Control (ABC) Type 48 (On-Sale General – Public Places) license with live entertainment, on property located at 11002 Downey Avenue and 8304 Third Street, within the Downtown Downey Specific Plan (DDSP). This request was originally presented to the Planning Commission on July 1, 2020; after deliberation, the Planning Commission determined the proposal was a desirable business in the Downtown Core District and instructed Staff to return for an approval of the project. As previously discussed, the proposed remodel is focused on the primary corner tenant space. The proposed improvements include decorative horizontal wood siding along the upper portion of the building; a prominent black beam separating the horizontal wood siding from the remaining stucco portion of the building; metal paneling with a coal black finish around corner entries; cloth awnings and light fixtures along both facades, with decorative iron work along 3rd Street; and the storefront windows along Downey Avenue will be replaced with foldable glass doors/windows. The Planning Commission was receptive to the proposed façade updates and required no changes. Draft Planning Commission August 5, 2020 Minutes - 2 - Principal Planner Arreola explained the original application identified prepackaged food and charcuterie to be provided as an accompaniment to the bar use. At the meeting of July 1, 2020 the applicant presented the Planning Commission with photos of several food items that would require temperature control and some level of food preparation. As a result, the Los Angeles County Department of Public Health was contacted to confirm the proposal would be able to comply with all required Health Department regulations. As a result, the applicant made revisions to the plans to show that the proposed business will expand into an adjacent tenant space at 8304 3rd Street, formerly occupied by a bail bonds business, to serve “back-of- house” needs such as a kitchen prep area, and storage purposes to comply with Health Department requirements. The prep kitchen will not include any cooking appliances so it is not a full kitchen and does not classify the business as a restaurant. The revised proposal is for a 1,769 square feet bar/lounge business within the Downtown Core. Additional revisions have been made to the proposed plans to reflect compliance with building and ADA regulations as noted throughout this report. The proposed project requires a CUP to operate a bar/lounge without a restaurant and to provide live entertainment. A Site Plan Review is also under review by the Planning Commission for the façade improvements proposed to the primary bar/lounge space facing Downey Avenue and 3rd Street. The proposed bar/lounge will operate with a Type 48 ABC License which allows the establishment to serve beer, wine, and distilled spirits. This license carries restrictions that prohibit minors from entering the establishment. The bar/lounge will also provide live entertainment. Staff identified concern over the service of distilled spirits without a kitchen and meal service in an open air setting that encroaches into the public right-of-way. The Planning Commission however, determined that there was desire for this type of use in the Downtown and instructed staff to prepare a Resolution of approval and address the stated concerns through plan revisions and conditions of approval. The Planning Commission determined that a bar is a “similar use” as described in the Downtown Downey Specific Plan and, as such, was permitted to have outdoor seating. The applicant was instructed that all accessibility requirements of the Americans with Disabilities Act (ADA) must be met for any seating area encroachments. As a result, the applicant revised the plans to show the proposed planters encroaching into the right-of-way would be replaced with a glass fence to enclose the outdoor eating area along Downey Avenue and the east corner of 3rd Street. Similarly, the outdoor seating area along the 3rd Street, west of the door has been removed because there was difficulty meeting ADA requirements. Mr. Simonian asked the Commission to consider modifying the conditions pertaining to annual reviews, 50% food sales, television(s), live entertainment, and cover charges. Mr. Padilla, 25 year Downey resident and business owner spoke in support of the project. Mrs. Simonian expressed her enthusiasm in being part of the project and believes that having a television would be good. Chair Duarte closed the public hearing. The Commissioners discussed the changes in the characterization of the project originally presented and requested City Planner Landavazo to provide modified conditions to reflect their deliberation. The following conditions of approval were proposed: 1) The approval of Site Plan Review and Conditional Use Permit (PLN-20-00029) allows a proposed bar to operate with a Type 48 (On Sale General – Public Premises) ABC license as described below: e) A standing room area enclosed by a glass rail is permitted along 3rd Street, subject to ADA compliance and a Public Works encroachment permit. Draft Planning Commission August 5, 2020 Minutes - 3 - 16) As the first “bar only’ use in the downtown, six month reviews shall be conducted by staff, at staff level, for an 18-month period following opening for a total of three reviews; shall be presented to the Planning Commission only if warranted by calls-for-service. 18) Live entertainment hours of operation are permitted as follows: Friday – Saturday: 9:00 p.m. – 1:30 a.m. 23) Two televisions and/or a projector are permitted to play genre movies only, no pay-per-view or sports shall be permitted. 28) Gross receipts for the establishment must reflect 20% of all sales is for food items. 35) Cover charge for the admission to the business shall not be permitted at any time, except for charity events and a New Year’s Eve event. 36) There shall be no form of pay-per-view events at this location. 63) Upon the determination by the Chief of Police that the operation of the business requires on- site security, the applicant shall submit and obtain approval of a security plan to the Chief of Police. The number of security guards shall be determined by the Chief of Police and may be increased or decreased as the Chief of Police determines is necessary. The initial security plan shall be submitted to the Police Department within fourteen (14) days of being requested. 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 Frometa, second by Commissioner Spathopoulos, and passed by a 4-0-1 vote, with Commissioner Dominguez absent, to adopt Resolution 20-3126, thereby approving the request for a Site Plan Review and a Conditional Use Permit PLN-20-00029, with amended conditions of approval as stated by the City Planner. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 2. General Plan Consistency Finding: A request to find the General Plan Consistency for the new Rancho Los Amigos Care Village Project. 3. Approval of the Minutes from March 4, 2020 It was moved by Commissioner Owens second by Vice Chair Frometa, and passed by a 4-0-1 vote, with Commissioner Dominguez absent; thereby approving the Consent Calendar. OTHER BUSINESS: STAFF MEMBER COMMENTS: ADJOURNMENT: Chair Duarte adjourned the meeting at 9:53 p.m., to Wednesday, August 19, 2020, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. Draft Planning Commission August 5, 2020 Minutes - 4 - APPROVED AND ADOPTED this 7th day of July, 2021. 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 7th day of July, 2021. 2021, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission