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HomeMy WebLinkAbout6. PC Draft Minutes - 04-17-13DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, April 17 , 2013 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A R egular meeting of the Planning Commiss ion was called to order on April 17 , 2013, at 6:4 4 p.m. at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was called. COMMISSIONERS PRESENT: Matias Flores, District 4 Jim Rodríguez, District 5 Robert Kiefer, District 2, Vice Chairman Louis Morales, District 3, Ch airman COMMISSIONERS AB SENT: Hector Lujan, District 1 OTHERS PRESENT: Brian Saeki, Director of Community Development Yvette Abich - Garcia, City Attorney William Davis , City Planner David Blumenthal , Senior Planner Mary Cavanagh, Secretary PLANNING C OMMISSIONER ANNOUNCEMENTS ; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS : Commissioner Rodriguez inquired about two intersections in the City . He has received reports from the public that there are a lot of accidents at the intersectio n of Imperial Highway and Brookshire Ave, and asked if a left turn signal could be put in. The second location is at the intersection of Lakewood and Firestone Blvd. , which he noted is a very large intersection and suggested adding lane guidelines through the intersection, in order to assist drivers in stay ing in their own lanes. PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: Director of Community Development, Brian Saeki reported that the City Council unan imously approved the request to amend the Do wntown Specific Plan to require a conditional use permit for new H ookah/Cigar Lounges in the D owntown Specific Plan Area . PUBLIC HEARINGS: 1. PLN - 13 - 00029 : Code Amendment Chairman Morales open ed the public hearing for PLN - 13 - 00 0 29 . Senior Planner David Blumenthal presented staff’s report: a request to amend Article IX of the Downey Municipal Code to bring the city into compliance with the State Housing law , thereby allowing the establishment of emergency shel ters, transitional housing , supportive housin g , and single resident occupancy housing (SRO) . He noted that in 2007 , the State passed legislation , commonly referred to as SB2 , requ iring all cities to amend their General P lans and Zoning Codes to allow for these types of housing. In 2010, the City a dopted two (2) specific policies in the Housing Element in order to address th ese requirements . He noted that the City is currently updating the Housing Element again, as mandated by State law. The State of California has reviewed the draft Housing Elemen t and has agreed to certify it, pending the adoption of these Planning Com mission Minutes April 17 , 2013 amendments . As proposed, the transitional and supportive housing w ill be allowed b y right in all residential zone s and transitional, supportive, and emergency shelters would be allowed in the HM zone by right. Mr. Blumenthal further s tate d that staff is recommending development standards to mitigate potential impacts, which would cover items such as limiting hours of operation for emergency shelters, lighting, outdoor storage and dealing with management. Finally, he noted that staff has completed a review of the request pursuant to the requirements of CEQA and feels that a Negative Declaration can be adopted. The Commission ers’ inquiries were as follows:  Does the City have s upportive/trans itional ho using and emergency shelters, and a current count for the homeless?  W ould developers be allowed to build more o f these shelters than what is needed ?  Can a limit be placed on the number of these housing developments in order to control the density in a specific area ?  How are adjacent cities moving forward with these requirements? Mr. Blumenthal responded by saying that we currently have supportive housing for seniors and disabled, but we do not have emergency homeless shelt ers; he noted that t he current estimated count for the homeless is 20 - 25 and this amendment to the C ode is based on State requirements ; as such the City cannot limit the number of shelters allowed . The State of California has given notice that they will not certify the Housin g Elements for those cities that are not in compliance with the new housing regulations. He continued by saying that most of s outhern California excluding San Diego County, is currently updating their General Plans in order to comply with the State . I f t hey have not already done so they will be adopting similar amendments . Finally he stated that these types of developments would be through private agency on the basis of need; b eing that they a re non - profit agencies and their funding will be limited, we sh ould not see an oversaturation within the City . Director of Community Development Brian Saeki addressed the Commissioners , stating that this hearing is to present a recommendation to the City Council to amend the Code to meet the State ’s requirements as well as the timeline to get approval for funding. If new information is received, or if there are any issues, it can always be brought back to the Planning Commission for further consideration. Commissioner Rodriguez stated that he believes the current housing developm ents in the City seem to be runn ing well, but he would like to hav e a better count of the homeless, and a count of the single residential occupancies that are currently in the City. He stressed the importance of maintaining the count to ve rify the need. C ommissioner Flores s tated that he is persuaded by the idea that the State has taken a very firm approach a nd lead on this; the Planning Commission has to believe that other cities are taking on this commitment as well. He continued by say ing that we all have to move forward with the State ’s requirements, and is pleased that this can be revisited for revision if necessary , and that he is comfortable in making this recommendation. Vice Chairman Kiefer s tated that he is in agreement with Com missioner Flores and agrees that each city should have this type of housing to help those in need ; however, he is concerned that developers would find it advantageous to build more than what is needed , and thereby have a negative affect the residential are as. It was moved by Chairman Morales , seconded by Commissioner Flores, and passed by a 4 - 0 vote , to adopt Resolution 13 - 2821 , ther e by recommending the City Council adopt the Negative Declaration and approve the Code Amendment ( PLN - 13 - 00029 ) . - 2 - Planning Com mission Minutes April 17 , 2013 2 . PLN - 13 - 00 056 : Co de Amendment Chairman Morales opened the public hearing for PLN - 13 - 00056. Senior Planner David Blumenthal gave a presentation for the request to amend Article IX of the Downey Municipal Code to allow for Cottage Food businesses . Mr. Blumenthal cont inued by stating that the existing regulations , as defined in the home occupation section of the Code , would prohibit the establishment of a cottage food business; this amendment would bring the City into compliance with State l aw. The amendment to the St ate law was made in September 2012, going into effect on January 1, 2013, requires that all cities comply by allowing cottage food businesses in residential areas , provided they comply with health and safety standards. The intent is to encourage growth of small businesses . The State has classified these businesses into two categories - Class “A” selling directly to consumers, and Class “B” selling to consumers, restaurants, grocery stores and food trucks. He noted they would be limited to a maximum of $3 5,00 0 annual gross sales for 2013, and increasing annually to $50,000 by 2015 and beyond. In addition , they must comply with the Los Angeles County Health regulations , which would include health permits, minimum sanitation, and food storage. Mr. Blumenth al noted that staff is recommending provisions in the C ode to mitigate imp acts to the residential areas. S ome examples of these mitigation measures include: limiting hours of operation and deliveries , limiting the number of e mployees to one (1), food stor age, minimum sanitation requirements and more. Finally, he noted that staff has completed a review of the request pursuant to the requirements of CEQA and feels that a Negative Declaration can be adopted. The Commissioners’ inquiries were as follows:  Ho w would the size of these businesses be controlled and enforced?  What type of machinery would they be allowed to have; would we be able to check when they apply for their business license?  Would they be allowed to have deliveries in the residential area?  H ow would complaints such as odors be handled?  Can product s be stored in the garage or other rooms in the home?  What is the reason for rushing this request through? Mr. Blument hal responded by saying limiting the sales to under $35,000 to $50,000 annually , would result in controlling the growth of the business. This is currently a part of the business licensing procedure , which requires tax documentation to show the sales reported to the Board of Equali zation. The machinery allowed for cottage food busin esses are standard household residential kitchens ; commercial kitchens would not be allowed. Inspections would be done by the Health Department; the City does not have the staffing to handle inspect ions . Complaints such as odors would be handled by the C ity ’s Code Enforcement Staff . The State has strict rules regarding storage, which would be regulated by the Health Department. The City does not allow storage in garages. The urgency for this request is to bring the City into compliancy with the State . Chairman Morales says that he sees the potential for problems once the deliveries are being made to these businesses; however, if it does become an issue it can be addressed at that time. Commissioner Rodriguez said that the restrictions are good and sugg ested having a fact sheet of the regulations available for neighbors w ho might have complaints. This would also assist in reporting those who are in violation. He also believes that if these regulations are followed there shouldn’t be a problem. Commiss ioner Flores agreed with the Commissioners, adding that self policing by the neighbors would help in monitoring any potential problems. Vice Chairman Kiefer believes we are moving to o quickly. He gave Mr. Blumenthal credit for doing a great job in putti ng together provisions in implementing this requirement; however, there is a great chance that deliveries will turn a residential area into a commercial area. - 3 - Planning Com mission Minutes April 17 , 2013 Chairman Morales s tated that we will have to comply with the State ’s requirements and address an ything that comes up in the future. Director of Community Development Brian Saeki advised the Commission that the City has to comply with the State , and must abide by State regulations. He congratulated Mr. Blumenthal on all his hard work with this requi rement; however, this can be brought before the Commission if it becomes a problem to make code amendments , but we would still have to comply with allowances as described by State law. Vice Chairman Kiefer asked if landlords can prohibit a cottage food ty pe business from being established on their properties. City Attorney Yvette Abich - Garcia stated that this would fall under the lease agreement and the City would not require private parties to prohibit in there properties. This State law requires the c ities to allow the businesses, but does not compel private parties to comply . It was moved by Chairman Morales, seconded by Commissioner Flores, and passed by a 3 - 1 vote , with Vice Chairman Kiefer voting no, to adopt Resolution 13 - 2822 , thereby recommendi ng the City Council adopt the Negative Declaration and approve the Code Amendment ( PLN - 13 - 00056) . NON - AGENDA PUBLIC COMMENTS: None CONSENT CALENDAR ITEMS: 3. Appr o val of the Minutes from April 3 , 2013 Vice Chairman Kiefer It was moved by , se conded b y Commissioner Rodriguez , and passed by a 4 - 0 vote , to approve the Minutes of April 3 , 2013 . OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Community Development Director Saeki stated that the draft Housing Element was distributed to the Planning Comm ission at today’s meeting, in order to allow the Commission enough time to review the document which will be brought before them at the next meeting on May 1, 2013. Senior Planner Blumenthal added that the document is also available on the City’s website, at the Planning Divisions’ Public counter, and at the Library’s Reference Desk for the public to review. ADJOURNMENT: There being no furt her business to discuss, Chairman Morales adjourned the meeting at 7:45 p .m., to Wednesday, May 1 , 2013, at 6:30 p. m. at Downey City Hall, 11111 Brookshire Ave., - 4 - Planning Com mission Minutes April 17 , 2013 APPROVED AND ADOPTED this 1st day of May , 201 3 . Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of th e Planning st Commission held on the 1 day of May , 2013 , by the following vote: AYE S: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning C ommission - 5 -