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Home My WebLink About1. Planning Commission Minutes 10-18-23MINUTES DOWNEY CITY PLANNING COMMISSION WEDNESDAY, OCTOBER 18, 2023 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 PM Chair Ortiz called the October 18, 2023, Regular Meeting of the Planning Commission to order at 6:35 pm, at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. PLEDGE OF ALLEGIANCE COMMISSIONERS PRESENT COMMISSIONERS ABSENT: Led by Commissioner Guerra Horacio Ortiz, Jr., District 5, Chair Carmela Uva, District 4, Vice Chair Mario Guerra, District 2 Miguel Duarte, District 1 OTHERS PRESENT: Irma Huitron, Director of Community Development John Funk, City Attorney Alfonso Hernandez, Principal Planner Abraham Luna, Associate Planner Ria loannidis, Planning Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Vice Chair Uva responded that she has none. Commissioner Guerra responded that he had none under the agenda but may have some at next meeting. REPORT ON CITY COUNCIL ACTIONS or GENERAL UPDATES: Community Development Director Irma Huitron provided an update to Agenda Item No. 3, PLN-22-00101, a request for a Conditional Use Permit, is continued to a date uncertain at the request of the applicant. PRESENTATIONS: None. NON -AGENDA PUBLIC COMMENTS: Speaker, name not provided, shared an opinion that alcohol is a regular part of a restaurant business. The speaker shared concerns related to the continuance of a public hearing item and wished to hear the item today. Speaker, Victoria Fujimoto, property supervisor of a housing complex adjacent to Tempo Cantina, stated concerns related to Conditional Permit PLN-22-00101. The concerns relate to issues with noise, trash, pests, and traffic congestion. Speaker, Amber Rodriguez, resident and property manager of a housing complex adjacent to Tempo Cantina, stated concerns related to Conditional Permit PLN-22-00101. The concerns relate to issues with noise, trash, pests, and traffic congestion. It was also stated that they experience issues stemming from the business operations affecting the leasing of rental units. Speaker, no name, challenged the CEQA exemption determination. Believes noise related issues generate impacts that would not allow the exemption and a noise study is warranted, believes the Tempo Cantina project is not consistent with zoning of C-1 and a detriment to the community. Planning Commission October 18. 2023 Minutes Community Development Director Irma Huitron announced to the members of the public a reminder that this was the time for non -agenda items and the Conditional Use Permit for Tempo Cantina is being continued at the request of the applicant for future date, and that public notices will be mailed out for any future meeting for the continued item. Huitron reminded the public that there would be no discussion with the P|@DOiDg CO[D[DiSSiOD UO this item and that Dl8[Dbe[S of the public are vVg|COOl8 to submit any public comments to the Planning Division of the City's Community Development Department. Gpeaker, Ivan Rkoa, Downey reaident, expressed concern related to PLN-22-00101. Stated their displeasure with approvals of alcohol establishments. Stated concerns with public indecency from patrons of Tempo Cantina. Lastly the speaker believes the business operates like o club rather than o Speaker, Cesar Soto, Downey resident, expressed concerns related toPLN-22-OO1O1.Stated concerns related to traffic, traffic ouUiaiona, drunk driving, parking, and safety. Lastly stated that the pnuouaed use operates ouabar aaopposed toarestaurant. Speaker, Alexandria Beemer' Downey resident, expressed how much Downey has changed and expressed concerns related tusafety. Speaker, Anthony Felix, resident Ofthe CU|-de-S8C directly behind l[ernpO Cantina, stated concerns related toConditional Use Permit PLN-22-OO1O1. Stated that issues exist related tonoise, trash, traffic, and safety. Asked the Connnoiaaiun to consider whether the financial benefit, via tax nemenue, of the expansion outweigh the concerns Dfthe residents. Speaker, no name, concerned with censorship related to the public not being displayed on the live stream video. Mentioned potential litigation and other forms Of censorship. Requested the City demand better use OfCounty-owned property. Speaker, DOname disclosed, expressed continued concern related tOthe multifamily project 8pprOV8d8t the p[8ViOUS P|@ODiOg COOODliSSiOD Dl89UDg. The Sp88he[ Dl8d8 CODlDl8OtS related to the C000DlUDitv Development Director's support 0fthe project. 8hGn8dC0nCernSnB|Gtedt0n0tb8diGp|8y8d0nth8Stn88rn video. Speaker, Juan M8Minez, b8|kev88 moving an item from the agenda must be voted with an eup|Gn8U0n provided. The speaker is not in support of Tempo Cantina's current use of temporary outdoor dining areas. Stated that Tempo Cantina's use is not allowed under the zone of C-1 and belongs in a C-2 zone. The speaker believes the item that was removed from the agenda needed a vote to remove and not by the Community Development Director alone. Hestated there should b8given 8nexplanation t0why the item is being 0OVHd. Gp88k8[ 8Xpr8SS8d it is not justifiable, the OVVO8[ of the 8pp|iC8UOO [HqU8StHd the item to be OOOV8d. He detailed more transparency tOthe public. He 8ddFHSS8d that Tempo C@OUO8 is holding land from the pGndenniC and the public would like that land back and believes the land is in multiple violations. Speaker pointed out that the establishment is not in the correct zoning. CONSENT CALENDAR ITEMS: Chair Ortiz asked the Commissioners ifthey had any questions or comments on the consent calendar item or motion. It was moved by Vice Chair Uvo and seconded by Commissioner Guerra, and passed by a vote of 3-0 approving the October 4, 2023 Minutes. OTHER BUSINESS: None. PUBLIC HEARINGS: 1' Choir Ortiz opened the public hearing for PLN-23-00131. and Planning Commission October 18, 2023 Minutes Associate Planner Abraham Luna presented a request to reduce a required rear setback from 20-feet to 15-feet for a residential addition to an existing single-family home on a R-1,6000 zoned lot at 10853 Hasty Avenue. Upon completion of the presentation, Associate Planner Luna recommended the Planning Commission adopt a resolution approving Variance (PLN-23-00131). Associate Planner Luna addressed questions from Planning Commissioners related to the property. Disclosures: Vice Chair Uva, and Commissioner Guerra disclosed they had separately driven by the property. Chair Ortiz had nothing to disclose. The applicant explained the project is an extension of one of the rooms to add a bathroom to make it more comfortable for the family. Correspondence: None. Public Comment: Speaker number one, name not disclosed, stated he attended the meeting in support of PLN-23-00131 and in support of the applicant for their Variance request. Speaker number two, name not disclosed, voiced concerns with the City Attorney's advice to the Planning Commissioners and felt the applicant did not need to go through the Planning Commission to expand a room in their home. Speaker number three, name not disclosed, mentioned there was no need for a City approved permit to expand a room and there is no need to go through the government and restrict homeowners to be able to build or add on. The Speaker behaved in a disruptive manner which disrupted the Planning Commission proceedings. Commissioner Ortiz called for a five (5)-minute recess and cleared the Chambers. Speaker number three provided additional comment after the meeting was resumed. Speaker number four, Juan Martinez, expressed homeowners should have the rights to build on their property without Planning Commission approval. Chair Ortiz closed the public hearing. Deliberation: Chair Ortiz asked if any Commissioners had any questions on this item and Vice Chair Uva stated support of the homeowner's request. Commissioner Guerra and Chair Ortiz stated their support. It was moved by Commissioner Guerra, seconded by Vice Chair Uva, and passed by a vote of 3-0 to pass Variance (PLN-23-00131). ADJOURNMENT: Chair Ortiz adjourned the meeting at 7:55 pm, to Wednesday, November 1, 2023, at Downey City Hall, 11111 Brookshire Avenue. -3- Planning Commission October 18, 2023 Minutes APPROVED AND ADOPTED this 15th day of November, 2023. Horatio Ortiz, Jr., 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 November, 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Ria loannidis, Planning Secretary Community Development Department