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HomeMy WebLinkAbout8. PC Draft Minutes - 09-04-13 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, SEPTEMBER 4, 2013 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. A Regular meeting of the Planning Commission was called to order on August 21, 2013, at 6:35 pm at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was called. COMMISSIONERS PRESENT: Hector Lujan, District 1 Jim Rodríguez, District 5 Robert Kiefer, District 2, Vice Chairman COMMISSIONERS ABSENT: Louis Morales, District 3, Chairman Matias Flores, District 4 OTHERS PRESENT: Brian Saeki, Director of Community Development Yvette Abich-Garcia, City Attorney Edwin Norris, Deputy Director of Public Works William Davis, City Planner David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: Director of Community Development Brian Saeki informed the Commissioners that the City Council unanimously approved the MTA’s request to install an electronic billboard at the northeast corner of Telegraph Road and the I-5 Freeway. The Planning Commission approved this request previously. Mr. Saeki added that the City Council also approved the development agreement regarding this item and that construction should commence by the end of the year and be completed by the middle of 2014. PUBLIC HEARINGS: 1. PLN-13-0000156: (Tentative Parcel Map) Vice Chairman Kiefer opened the public hearing for PLN- 13-00156, and Ms. Cavanagh affirmed proof of publication. Assistant Planner Kevin Nguyen gave a PowerPoint presentation on PLN-13-00156 (Tentative Parcel Map No. 72381), regarding a request to subdivide one 19,139 square foot parcel into two parcels, each containing 9,594 square feet of land area. The property is zoned R-1 5,000 (Singe Family Residential). Mr. Nguyen mentioned that a single-family residence with a garage and a swimming pool exist on the site; however, those improvements will be demolished to accommodate new developments on the newly created parcels. The surrounding properties include single family residences to the north, south, east and west. The proposed project is consistent with the goals and intent of the General Plan and Zoning Code, and staff concludes that it will complement the area and provide a general upgrade to the aesthetic quality of the area. Mr. Nguyen concluded by recommending that the Planning Commission adopt a resolution to approve the project and recommend that the City Council approve the Tentative Parcel Map No. 72381 (PLN-13-00156), subject to the recommended conditions of approval. Planning Commission Minutes August 21, 2013 Vice Chairman Kiefer asked Mr. Nguyen if the lot was always 19,139 square feet, to which Mr. Nguyen responded by saying yes. Director of Community Development Brian Saeki added that the lot was originally two lots that were tied together as one in the 1940’s. The owner is trying to subdivide the property to restore it back to the original two lots. Vice Chairman Kiefer called for the Applicant to speak regarding the application. The Applicant Raul Echemendia, 9713 Shellyfield, Downey, stated that he has resided in Downey for the past 17 years, he has completed many projects here and he is in good standing with the City. He abides by all of the regulations and codes of the City; he completes all of his work and has never had complaints from the neighbors. Mr. Echemendia explained the owner plans to demolish the house that he described as an old dilapidated structure that is falling apart. Mr. Echemendia plans to build two beautiful homes. He believes the owner will reside in one home and possibly have family live in the other home, or he may sell it. Vice Chairman Kiefer asked Mr. Echemendia if he is aware of the new floor area ratios, to which Mr. Echemendia responded by saying that he has had recent projects in the City of Downey and is aware of the new floor area ratio and Planning’s’ regulations. Vice Chairman Kiefer asked if there has been any correspondence in favor or in opposition regarding this application, to which Mr. Nguyen responded by saying staff has received three letters and a phone call regarding the project. Vice Chairman Kiefer called for those in the audience who wished to speak in favor of the application. Mr. Rodriguez 8355 Charloma Dr, Downey, stated that he is a 30 year resident of Downey and believes the project is a good idea. It will bring revenue to the City by providing jobs as well as revenue to the City by having contractors purchase equipment, as well as the future residents shopping in Downey. He continued by saying that it will also increase property value in the area by putting two beautiful homes in place of the one home which is in poor condition, as well as providing homes for two families. He believes that the lots will still be large lots at nearly 10,000 sq. ft., in comparison to some of the new structures in the area that are closer to 5,500 sq. ft. Marlene Rodriguez 10802 Downey Ave, Downey, stated that she believes new construction helps the economy. She is a real estate agent and many of her clients are looking for new developments and there are none. This project will raise the property values; therefore, she is in favor of the project and supports it. Vice Chairman Kiefer called for those in the audience to who wished to speak in opposition to the application. Jeff Spagg 7704 Third St, Downey read from a letter that he had submitted to staff, and reviewed his reasons for opposing the project, some of which included, high population density, increase in street parking and traffic on Third St, and that the historical aspect of Downey regarding large lots will diminish if the project continues. He made reference to a traffic study of the traffic flow on Third St. done in May 2013 by the City of Downey Public Works Department and said that increasing the number of residential housing units on Third St. will increase the volume of traffic. He continued by saying that City staff considered the project exempt from CEQA (15315 - Class 15, Minor Land Divisions); however, he believes that other subdivisions apply equally and should be considered prior to accepting the application. Specifically, 15300.2b Article 19, of the California Environmental Quality Act, which discusses the cumulative impacts of successive projects. Mr. Spagg said that the City has been approving land - 2 - Planning Commission Minutes August 21, 2013 divisions for years, specifically on adjacent streets such as Fourth St. and Sixth St., which have replaced one free standing home with multiple housing units. In comparison to other streets, Third Street is a spacious, quiet, residential neighborhood. Prior to the City accepting the application, he requested that a study be conducted to determine what environmental impacts resulted from the existing land subdivision projects. William Johnson, 7738 Third St, Downey, stated that the only people in favor are those who would benefit financially by the project and feels it is a disservice to the City. All of the residents on Third St and Fourth Pl have signed a petition for the City to deny the application. Ms. Sepulveda 7704 Third St, Downey brought in a letter and a petition from residents on Third Street and Fourth Place. She stated that she did not wish to read the letter, but her reasons for her opposition to the application would be explained in the letter. Senior Planner David Blumenthal received the letter and petition and made copies and distributed them to the Planning Commissioners. James Snedden [sic] 7720 Fourth Pl. Downey. Mr. Snedden stated that he has been a resident of Downey for 48 years and a resident of this home since 1979. He stated that he is opposed to the project as it will change the dynamic of the neighborhood which is behind his property. Upon researching the area, he found that the average lot size was 11,000 sq. ft., and dividing the property into two 9,000 sq. ft. lots would increase the population density. Furthermore, he was disappointed at hearing the developer state during this meeting that the plans are to build two homes on the divided lots; especially after he had been told by City Planner William Davis and Mr. Nguyen prior to the meeting, that no plans for this property have been submitted as of yet. Mr. Saeki responded by clarifying that Mr. Echemendia stated his intent and confirmed that staff has not received any plans; all that has been received is the request before the Commission to subdivide this property. Staff has not seen nor heard anything about the applicant’s plans for the property. Mr. Snedden said that hopes that the Commission would take into consideration the amount of people who appeared in opposition of the project when making their decision and continued by giving additional concerns resulting from the probable construction that would be near his home. Vice Chairman Kiefer responded by saying that we can only discuss the application before the Commission, which is the subdivision. Commissioner Rodriguez asked Mr. Snedden that if the Applicant decided to build one new house on the lot, would he have the same concerns, to which he responded by saying, yes, and he would want his issues addressed. Mr. Snedden further stated his disappointed in finding that the public does not have to be notified if new construction would occur in his area, and he is concerned with the increase of traffic as was the previous speaker. Mr. Saeki addressed Mr. Snedden’s concerns in regards to construction near his home by advising him that although his concerns are civil concerns, the City does have Codes in place to address matters such as dust control and asbestos mediation, which the demolition contractor mustbe abide by. Although this process is not listed in the conditions of approval contained in the staff report, it is controlled by the Best Management Practices that we use in the City. Elizabeth Forrest 7713 Third St. Downey, spoke in opposition to the application. Her property is located adjacent to the property discussed. She spoke from her heart now that the facts and details have been heard. Mrs. Forrest has been a Downey resident for over 65 years, 35 of which have been at her current address. She was a teacher for 35 years and she and her husband have given a lot to the community. She continued by saying that a home is a place of refuge, your castle where you go to relax and have peace and quiet; this neighborhood is quiet and all of the neighbors know each other. She agrees that - 3 - Planning Commission Minutes August 21, 2013 something should be done with the house, describing it as tired and in need of repair; however, two houses would increase not only the population density of the neighborhood, but increase street parking, which would not allow enough parking for visitors of the residents. Commissioner Rodriguez asked if the house is currently vacant, to which Ms. Forrest stated that it had been vacant for approximately one month. She continued by saying that the house looks bad because they stopped watering the lawn. She then commented on how much Downey has changed since 1951. Vicki Lopez 7730 Third St. Downey, spoke in opposition to the application. She stated that she moved to Downey 13 years ago and has resided at the current address for three years; her property is located directly across from the subject site. She continued by saying that she had the opportunity to move into a mansion, but she chose this particular area because of the large lots. Her previous home was in an area where subdivisions occurred and suffered effects such as parking issues. She also said that he subject site was not dilapidated and that the house did not look as it does currently. The property was beautiful and only began to look bad due to the recent neglect of the yard. She mentioned that currently there is a house being built to the rear of her property, and she has had a lot of dust in her pool, as well as a lot of noise, including construction occurring on the weekends. She chose to invest in Downey and chose a home that had character; no matter what a developer tells the owners, the houses being built do not mirror the neighborhood. She stated that she is dedicated to her job and community, and since these subdivisions have been occurring, she feels that she is being pushed out and is now considering selling her home. Vice Chairman Kiefer asked Ms. Lopez if she knew the residents of the home, to which she gave names of Joanne and Brittany and believes that they were the original owners. Ms. Forrest attempted to respond from the audience and was then called to speak after Ms. Lopez concluded her opposition. Ms. Forrest stated that it is her understanding that the Dreher [sic] family purchased the home and have been the owners of the house since the 1950s. They were a doctor and a nurse and raised five children there. Mr. Dreher passed away and Mrs. Dreher resides in an assisted care facility; the youngest daughter and granddaughter had been residing at the home until recently. They moved to Anaheim Hills. Commissioner Rodriguez asked Ms. Forrest would it seem out of reason for an owner to buy a large property and divide it into two 10,000 sq ft lots that are approximately 1,500 square feet smaller than the other lots around? She responded by saying she likes openness and would never be for that. Daniel Fierros 7654 Fourth Place, Downey, stated that he opposes the subdivision. He has been in Downey for 15 years and purchased his property for the large lots and hopes that the Commission preserves this unique neighborhood. He says that he believes that one big house is worth more than two homes as far as property values and it puts more of a strain on the City by providing sewer, streets, and schools. The homes that have been divided in the area are not unique and het described them as “cookie cutter homes”. Pat Herrin 7724 Fourth Pl, Downey, stated that she is one of two homeowners that live directly behind the subject site. She has been in the area for 28 years and the main reason that she purchased in the area was because of the large lots and ranch style homes known as “Orange Estates”. Her biggest concern is that they would build a two-story home. Vice Chairman advised her that the City has no control over a two-story house being built because the owner has the legal right to build a two-story home and the City cannot deny them. However, there is a Code to prevent further mansionization. Mrs. Herrin reiterated comments made earlier that the residents are looking for peace and tranquility. The other streets that have had the lot splits still have nice homes, but it has a very dense population and Downey has a lot more traffic. Third Street is very quiet and If you subdivide lots, they won’t know who moves into the area. David Blumenthal added into the record that the letters and petition that were distributed to the - 4 - Planning Commission Minutes August 21, 2013 Commissioners included an additional petition that was brought in by Pat Herrin. Mr. Spagg added that if 7725 Third St is divided, it will start a precedent in the area. Also there is a property located on the corner of Third and Rives that is also under disrepair. In time, that property is likely to come up for sale and we would be back here again, which is more reason for that the cumulative affect needs to be looked at in regards to the environmental study. Commissioner Rodriguez asked if anyone knew if escrow has closed on the subject property. Mr. Echemendia stated that escrow has closed and the new owner is Mr. Tran. He first addressed the residents’ concerns regarding parking by saying that there should be more concern with the older homes that have 2-car garages. With the new City Codes, new homes require 3-4 car garages, as well as parking in their own driveways. He also responded to the concern about the neighbors not knowing who will be moving in by saying that people move in and people move out. If they are concerned with who will be moving it, it will be Mr. Tran. Mr. Echemendia hopes that he will be made part of that family. Commissioner Lujan asked Mr. Echemendia about construction during evening hours to which Mr. Echemendia replied that he complies with the City Codes, which limit construction activities to be Monday thru Friday from 7:00 am to 7:00 pm. He tries to keep everyone happy, and if he causes damages, it is a civil matter and he will be responsible for any damage that he causes. He hasn’t had any complaints or issues with neighbors thus far. City Attorney Yvette Abich-Garcia stated her legal opinion under the California Environmental Quality Act (CEQA), and clarified the requirements under that exemption. Vice Chairman Kiefer closed the public hearing. Vice Chairman Kiefer asked Mr. Saeki to respond to the concerns of the residents. Mr. Saeki stated that we are in agreement with the City Attorney covering environmental exemptions (CEQA) for all of the reasons as stated by Madame City Attorney. In regards to the issues with street parking; if the property is subdivided, and two homes are built, they would have to comply with the parking standards. A traffic calming study was done in an effort to reduce the speed on Third St; the City can help by adding more signs and possibly speed bumps through the Public Works Department, and also be addressed to the Police Department. As to the financial issues, staff does not consider revenue when evaluating projects and the property tax on the properties would be minuscule. We are bound by the Development Code and find this project to be 100% Code compliant. Commissioner Rodriguez asked the City Attorney for further clarification of the definition of the term “same place”, to which she explained that it is the subject property and the not same area, region or block subject property and next couple of homes on each side. Vice Chairman Kiefer called for staff’s recommendation. Mr. Nguyen stated that staff’s recommendation is to adopt Resolution No 13-2841, thereby approving PLN-13-00156 subject to conditions of approval. Commissioners Discussion: Commissioner Rodriguez thanked the members of the audience for coming to the meeting to express their concerns. Although the lot split will result in two fairly large lots, he would be more comfortable having staff provide a more detailed report looking more closely at the neighborhood and the size of each lot. He would like to see the cumulative impact of other subdivisions and the negative impact in the area. Commissioner Lujan said that this was a straightforward lot split and is ready to vote. - 5 - Planning Commission Minutes August 21, 2013 Vice Chairman Kiefer stated that he has lived in Downey for 40 years and he too has seen a lot of changes in the City; his area has lots that are 11,000 sq ft and smaller and is. In looking at this subdivision, he does not find it unreasonable to split a near 20,000 sq ft lot into two 9,600 sq ft lots with a 77 ft frontage. He understands their concerns regarding the large houses being built and reiterated that changes have been made to the Code to prevent mansionizations in Downey. Vice Chairman Kiefer does not see a problem with this request; however, he would question a 5,500 sq ft lot. In response to the revenue issue brought up during public testimony, he stated that neither the Commissioners nor staff take revenue into consideration when making their decisions; they are all looking for the negative impact. The Commissioners then gave direction to staff to further analyze the study area from Smallwood to Wiley Burke, Second Street, Third Street, and Fourth Place. It was moved by Commissioner Rodriguez and seconded by Vice Chairman Kiefer, and passed by a 2-1- 2 vote with Commissioner Lujan voting “No”, to continue the request for a Tentative Parcel Map No. 72381 (PLN-13-00156) to the next Regular Planning Commission meeting, September 18, 2013. NON-AGENDA PUBLIC COMMENTS: None CONSENT CALENDAR ITEMS: Item No. 3 of the Consent Calendar was pulled by Vice Chairman Kiefer at the request of Commissioner Rodriguez. It was moved by Vice Chairman Kiefer and Seconded by Commissioner Lujan, and passed by a 3-0-2 vote, to approve the minutes of August 21, 2013 3. PLN-13-00180 (General Plan Consistency) Senior Planner David Blumenthal gave a brief PowerPoint presentation regarding the request to find that the purchase of the property located at the corner of Imperial Hwy and Bellflower Blvd by the City of Downey is consistent with the General Plan. After a brief summarization Mr. Blumenthal introduced Edwin Norris, Deputy Director of Public Works, to respond to any further questions the Commissioners may have. Mr. Norris reviewed the map that was provided and gave further clarification of the traffic flow in the area to the Commissioners. OTHER BUSINESS: None STAFF MEMBER COMMENTS: Mr. Saeki congratulated City Planner William Davis and staff, with special thanks to David Blumenthal for all the hard work in getting the Housing Element certified. Mr. Saeki also stated that Downey is one of the first of 20 cities to have their Housing Element certified by the state. ADJOURNMENT: There being no further business to discuss, Vice Chairman Kiefer adjourned the meeting at 8:36 pm, to Wednesday, September 18, 2013, at 6:30 pm at Downey City Hall, 11111 Brookshire Ave., - 6 - Planning Commission Minutes August 21, 2013 - 7 - APPROVED AND ADOPTED this 18th day of September, 2013. Robert Kiefer, Vice Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 18th day of September, 2013, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission