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HomeMy WebLinkAbout4. Draft Minutes 11-17-21 DRAFT MINUTES DOWNEY CITY PLANNING COMMISSION WEDNESDAY, NOVEMBER 17, 2021 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Vice Chair Owens called the November 17, 2021, Regular Meeting of the Planning Commission to order at 6:32 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Miguel Duarte, District 1, Chair Patrick Owens, District 2, Vice Chair Arturo Montoya, District 3 Horacio Ortiz, Jr., District 5 Carmela Uva, District 4 COMMISSIONERS ABSENT: None OTHERS PRESENT: Aldo E. Schindler, Deputy City Manager / Community Development Yvette Abich Garcia, City Attorney Crystal Landavazo, City Planner Guillermo Arreola, Principal Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Commissioners Ortiz, Uva and Montoya commented on their attendance of the 65th Anniversary of the City of Downey’s Incorporation and the Groundbreaking of the City’s Residential Streets Rehabilitation Program. Vice Chair Owens thanked his fellow Commissioners for representing the Planning Commission. PRESENTATIONS: None. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 1. PLN-21-00061 (Conditional Use Permit): Chair Duarte opened the public hearing for PLN-21-00061 and Ms. Cavanagh affirmed proof of publication. Principal Planner Guillermo Arreola presented a request to allow an existing liquor/retail store “Bottle Caps & Spirits” currently operating under an Alcoholic Beverage Control (ABC) Type 21 (Off-Sale General) license, to operate in conjunction with a proposed Type 86 (Instructional Tasting) ABC license. Mr. Arreola described the Floor Plan and proposed instructional tasting proposed to occur within a 10’-0” x 6’-6” (65 square feet) area adjacent to the entrance to the store that would be cordoned off during any tasting event. The current hours of operation of the liquor/retail store are Sunday-Thursday, 7:00 a.m. – 11:00 p.m., and Friday and Saturday, 7 a.m. – 12:00 a.m. The applicant has indicated that instructional tastings would only occur Friday, Saturday, and Sunday, from 4:00 p.m. to 6:00 p.m. and a condition has been added to reflect this. Mr. Arreola explained the subject site is made up of two parcels and developed with two commercial tenant spaces (Pina Pizza Restaurant and Bottle Caps & Sprits). The two properties have historically shared the vehicle access and parking; however, there is no formal agreement on the property. As such, the City will require the applicant formalize the vehicular access and parking by recording a shared access and parking agreement between the two parcels. The site is developed with 22 parking spaces, of which two are ADA compliant; per the Downtown Downey Specific Plan (DDSP), the required parking for both uses is 34 spaces. Due to the expansion Draft Planning Commission November 17, 2021 Minutes - 2 - of services, the Specific Plan requires the establishment to enter into a Parking Waiver Agreement when a site lacks sufficient parking. Mr. Arreola explained that no other departments expressed concern over the proposed use and the Police Department issued standard conditions for alcohol related uses. Commissioner Ortiz asked if there were any calls for service at the Trading Post since they began offering this service, and inquired if that was the only other business in the City that offers the tasting service. Principal Planner Arreola stated there was no increase in calls for service since they began offering this service. Commissioner Uva asked for an explanation of the need for parking waivers. Principal Planner Arreola explained that the parking requirement was triggered by the expansion of their services. The parking requirement for both establishments exceeds the number of parking spaces on site, and requires 12 additional parking spaces. The applicant can enter into a parking agreement with the City to provide the parking that is lacking, which is paid on an annual basis. Vice Chair Owens inquired as to the occupancy limit for the establishment. Mr. Arreola explained that he did not have the exact number; however, both the Fire and Building Departments had no issues with the proposed use. City Planner Landavazo explained that the occupancy limit will remain the same because of the square footage and use of the tenant space. She clarified that the use itself and the occupancy rating that the Building Department issued has not changed. She further explained, if there is a small group of 3-5 people doing the tasting, the business ownership is still required to monitor and make sure that they’re not exceeding the overall occupancy for the store. Vice Chair Owens asked if the applicant can enter into an agreement with the owner of a dirt lot located area north of the alley. City Planner Landavazo explained, that for the purpose of compliance with the City Code and Specific Plan, that area cannot be counted because it is private property belonging to another owner. The reason for the waiver is because they are located in our Downtown Specific Plan which allows use of different City lots and structures throughout the downtown area. City Planner Landavazo stated that nonconformities are something that the Planning Commission will often run across when dealing with land use. She explained, in the current case, the use was nonconforming because it was in existence before Conditional Use Permit requirements were in place for alcohol sales and before the Specific Plan was in place. She explained that nonconformities are allowed to operate as they always have without the City retroactively going back and requiring that they comply. Only when there is a change to an existing use, like in this situation by adding a new feature, the change triggered the need for compliance; and as a matter of housekeeping staff is trying to make sure that the agreement is recorded on the property to ensure they have continued shared access and parking onsite, while bringing them into conformance so they have use of the City lots as well. Disclosures: None Sherrie Olson, representing the applicant/owner who was also present, to address any concerns of the Planning Commission. She stated that they read the conditions of approval, and the occupancy limit is 45 and posted over a wall and doorway. They had approached the owner of the dirt lot and the owner was not interested in entering into an agreement so they sought an agreement with the City to enter into a Parking W aiver Agreement. The tastings will be done by the vendors who will also do the pouring and are regulated by the State. Correspondence: None Chair Duarte closed the public hearing. Draft Planning Commission November 17, 2021 Minutes - 3 - Public Comment: None The Commissioners spoke in favor of the project. It was moved by Commissioner Ortiz, second by Commissioner Montoya, and passed by a unanimous vote of 5-0 in favor, to adopt Resolution 21-3155, thereby approving the request for a Conditional Use Permit (PLN-21- 00061). NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: None. OTHER BUSINESS: The Commissioners wished everyone a Happy Thanksgiving Holiday. STAFF MEMBER COMMENTS: Deputy City Manager / Community Development Aldo Schindler thanked the members of the Planning Commission, who attended the City events and informed the Commission of a Groundbreaking Ceremony at the Civic Center for the Solar Energy Project for all City Facilities that will be held at 10:00 a.m. on November 18, 2021. He informed the Planning Commission that the Rancho Los Amigos South Campus Specific Plan is now completely codified and the Environmental Impact Report has past its appeal period. He stated the plan is now live and active and staff is working with the County on a couple of different Housing options for that entire area. He stated the Metro line is still within the same timeline to be completed by 2028 and staff hopes to see some action within the next coming years. Vice Chair Owens inquired as to the City of Southgate Hollydale Community and their concerns about that area. Deputy City Manager / Community Development Aldo Schindler advised the Commission that no one attended the City Council Meetings, the only pressure from that community placed on the Planning Commission and have since been nonexistent. ADJOURNMENT: Chair Duarte adjourned the meeting at 6:57 p.m., to Wednesday, December 1, 2021, at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this this 1st day of December, 2021. Miguel Duarte, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on this 1st day of December, 2021, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission