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HomeMy WebLinkAboutPC Minutes 12-02-15PC MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, DECEMBER 2, 2015 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Lujan called the December 2, 2015, Regular Meeting of the Planning Commission to order at 6:33 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Patrick Owens, District 2 Louis Morales, District 3 Jim Rodriguez, District 5 Hector Lujan, District 1, Chairman COMMISSIONERS ABSENT: Matias Flores, District 4, Vice Chairman OTHERS PRESENT: Yvette Abich Garcia, City Attorney William E. Davis, City Planner Vincent Rosario, Sergeant Downey Police Department David Blumenthal, Senior Planner Kevin Nguyen, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE /MEETING REPORTS: Commissioner Morales reminded everyone to support the local non - profit organizations this holiday season that are selling Christmas trees and extended his condolences to the family of our fallen Officer Ricardo "Ricky" Galvez, commenting that it has been a very trying and mournful two weeks for our City. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: City Planner William Davis reported that during the November 24, 2015 meeting, the City Council adopted a request to initiate a zoning text amendment that would amend section 9318.04 of the Downey Municipal Code regarding commercial and recreation uses in the manufacturing zones; the City Council also had its second reading on the ordinance regarding establishing standards for the installation of synthetic turf; and finally the approval of resolution for the purchase and sale agreement between Downey Hospitality, LLC and the City of Downey for the property located at 9066 Firestone Boulevard. PUBLIC HEARINGS: 1. PLN -15 -00191 (Conditional Permit): Chairman Lujan opened the public hearing for PLN -15- 0191, and Ms. Cavanagh affirmed proof of publication. Planning Commission Minutes December 2, 2015 Assistant Planner Kevin Nguyen gave a brief PowerPoint presentation of the request by United Oil, to operate the convenience store within an existing gasoline service station with a State of California Department of Alcoholic Beverage Control (ABC) Type 20 license (Off -Sale Beer and Wine, Package Store), on property located at 7360 Firestone Boulevard, and zoned C -2 (General Commercial). Mr. Nguyen reviewed the subject site located at the southwest corner of Firestone Boulevard and Old River School Road, which is surrounded by commercial developments to the east, west and south, and a new commercial development is proposed to the north of the site. The reason for alcoholic beverages is that it will significantly increase sales. Staff finds that there will be no negative impact to the residential zone, which is 300 feet away from the subject site. During the meeting of the Development Review Committee (DRC), the Downey Police Department expressed no concerns and standard conditions of approval were applied. Commissioner Rodriguez addressed condition no. 16 and asked how it is that the Applicant should be held responsible for property adjacent to the licensed premises, and asked the City Attorney if that is enforceable. City Attorney Yvette Abich Garcia stated that it would be enforceable if property owner owns both parcels. City Planner Davis stated that the condition is also concerned with maintaining the impacts with adjacent property owners with those who want to consume libations nearby. Chairman Lujan called for disclosures; there being none, Chair Lujan called the Applicant forward to give testimony. Applicant, Sherrie Olson, 934 W. Shelby Street, Ontario, CA, representing United Oil, stating that they concur with the conditions of approval, and they have no concerns. She clarified that they do not own the adjacent properties. However, under ABC regulations, have to control their property and around their property and make sure that there is no loitering and make sure that it is very well lit around the premises. Ms. Olson stated that she also spoke to Officer Daniels, Downey Police Department, and he did not express any concerns with this project. Commissioner Morales asked Ms. Olson where the nearest site that they operate, closest to this site is with similar conditions to sell beer and wine with an ABC Type 20 license. Ms. Olson replied that she did not have the answer at this time because United Oil just recently took over 160 sites in California, and they are in the process of remodeling and doing tenant improvements. They operate with ABC Type 20 licenses in their stores, and most of the stores that they took over already had them; she was given the task to obtain licenses for those that did not. Chairman Lujan called for correspondence; there being none, he invited those in the audience who wished to speak in favor or against this application. There being none, Chair Lujan closed the public hearing and asked for staff's recommendation. Assistant Planner Nguyen stated that based on the findings contained in this report; staff is recommending approval of the request for a conditional use permit, subject to the conditions of approval. -2- Planning Commission Minutes Chairman Lujan closed the public hearing. December 2, 2015 City Attorney Garcia asked for clarification regarding the issue raised by Commissioner Rodriguez as it pertained to condition no. 16 and the responsibility of the applicant having to control the consumption of alcohol in adjacent property, in light of the fact that they are not the owner; as we heard, United Oil does not own, operate or control. Vincent Rosario, Sergeant Downey Police Department, stated that if there is loitering in the parking lot, they can be held accountable. Sgt. Rosario suggested that condition no. 16 end at the responsibility of the premises, parking lot, etc., and pointed out that the responsibility of the adjacent property is addressed in condition no. 17 in that the applicant is required to adhere to the regulations of ABC. The Commissioners revised Condition No. 16 as follows: No alcoholic beverages shall be consumed outside of the premises (parking lot, etc.) eFaRy It was moved by Commissioner Morales, seconded by Commissioner Rodriguez, and passed by a 4 -1 vote, with Vice Chairman Flores absent, to adopt Resolution 15 -2954, thereby approving the request for a Conditional Use Permit (PLN -15- 00191) with the modification to Condition No.16 as stated. 2. PLN -15 -00229 (Zone Text Amendment): Chairman Lujan opened the public hearing for PLN - 15- 00229. Senior Planner David Blumenthal gave a PowerPoint presentation of the request to amend sections 9146 and 9428 of Article IX of the Municipal Code regarding medical marijuana. He noted, in 2011 the City Council adopted an ordinance amending the zoning code to establish a prohibition on the establishment and operation of medical marijuana dispensaries within the City of Downey. The City Council was concerned at that time about adverse secondary affects; evidence had shown that the operation of the dispensaries resulting in an increase in crime including homicides, robberies, burglaries, and organized criminal activities. This concern was creating a new hazard to the public health and safety, and could further strain the Police Department, which is already overburdened. On October 9, 2015, the Governor signed three bills (AB 243, AB 266, and SB 643), which change the methods medical marijuana is regulated in the State of California. Senior Planner Blumenthal further stated that it is important to note that all three of these laws do specifically maintain our zoning authority for regulation of medical marijuana businesses. However, part of the issues that were raised with these three bills is that City now needs to specifically state that we wish to prohibit the delivery and cultivation of marijuana within the City boundaries. If the City does not have an ordinance in affect by March 1, 2016, the City will lose their authority and it diverts to the State's regulation. The proposed Code Amendment is to make a recommendation to the City Council to maintain status quo for the City of Downey. Staff is still concerned with the potential for adverse secondary impacts to medical marijuana related businesses; as such, staff is recommending that the City maintain a prohibition of the delivery, dispensaries, cultivation and manufacturing. -3- Planning Commission Minutes December 2, 2015 The Commissioners discussed the following items at length with staff: • The growth and agriculture of marijuana is not allowed in the City of Downey. • Expressed interest in a study of secondary impacts to neighboring cities with_ dispensaries. • The potential for revenue for the City and the need for more information to make an informed decision. • The secondary impacts associated with medical marijuana dispensaries including, robberies, burglaries, organized criminal activities and overburdening police resources. Senior Planner Blumenthal clarified that the Planning Commission's decision is based on land use, not revenue. Should the voters decide to approve recreational use of marijuana within the State of California, this issue will be revisited. At this time, recreational use is still illegal under both State and Federal laws. The City's job is to enforce those laws, and so the discussion is about medicinal marijuana at this time. When the prohibition was first adopted, staff had done extensive research in 2011, and has invested over 40 hours of time into the secondary impacts. There may be benefits for people who need medicinal marijuana, but the impacts to the community as a whole outweigh those benefits. At this time, staff still feels that the threat is still there that outweigh those benefits and that is the reason staff is recommending to maintain status quo. Chairman Lujan opened the public hearing. Irene Hesse, 7660 Phlox Street, spoke in favor of allowing the use of medical marijuana dispensaries in the City of Downey. Mrs. Hesse stated that she and her family have had positive experiences in using medical marijuana to treat arthritis, Lupus and Cancer. Mrs. Hesse also expressed her interest in operating a medical marijuana dispensary in Downey and believes that they can make the dispensary a safe environment for the patients with the new regulations in 2016 and the proper zoning to have a safe distance from the schools, and if necessary, to offer their services to as a private membership for safety reasons. Chairman Lujan closed the public hearing. Commissioner Rodriguez pointed out that in the examples and the studies that were provided, from the location that had these secondary impacts, the police knew where the facilitlies were located, the regulations were in place, and yet those secondary impacts still occurred. He asked for Mrs. Hesse's thoughts on how these secondary impacts would not materialize, to which Mrs. Hesse said that it is something she would have to go back and think about. Sargent Rosario, Downey Police Department, recalled several instances where crimes occurred as a secondary impact involving medical marijuana such as a robbery in 2011 of a delivery service at Quill Drive and at Old River School Road; a dispensary in Santa Fe Springs that was robbed at gunpoint very close to a residential area; and four dispensaries in Los Angeles that were robbed at gun point resulting in one of the security guards getting shot. There is a pattern of violent crimes that comes with the dispensaries. Commissioner Owens said that there is not enough information to make this decision and discussed the potential revenue for the City and listed the proposed allocation of funds as shown in the assembly bills and believes there is a great potential for revenue that should be considered before making a decision. Chairman Lujan stated that in his daily dealings as a high school administrator, he has witnessed -4- Planning Commission Minutes December 2, 2015 the secondary affects kids using marijuana oil and believes it to be the gateway to other drugs. He said that he believes that the kids are getting the marijuana from the marijuana dispensaries because of the empty containers that they find are those that are from the dispensaries. These are kids, and not cancer or arthritis patients. He empathized by saying that his own friend had a child of 15 who died of cancer and understands the medical use; however, he sees too much of the negativity and how it affects the kids. It was moved by Commissioner Morales, seconded by Vice Chairman Flores, and passed by a 3 -0 vote, with Commissioner Owens abstaining, and Vice Chairman Flores being absent, to forward and recommend approval of the Zoning Text Amendment to the City Council (PLN -15- 00229). NON - AGENDA PUBLIC COMMENTS: Irene Hesse, 7660 Phlox Street, complained about a large amount of trash at the construction site at the northwest corner of Firestone Boulevard and Rives Avenue, to which Senior Planner Blumenthal advised her that a new application has been submitted and he will contact the applicant to clean it up. Mrs. Hesse also asked for sidewalks to be installed on residential property on McGovern near Warren High School. Senior Planner Blumenthal advised Mrs. Hesse it is a Publics Works issue and would provide her with contact information at the end of the meeting. CONSENT CALENDAR ITEMS: None. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Commissioner Morales asked if the City of Downey's website can be enhanced to include bios with photographs of the Planning Commissioners. ADJOURNMENT: With no further business to discuss, Chairman Lujan adjourned the meeting at 7: 57 p.m., to Wednesday, December 16th, 2015, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 16th day of December, 2015. 114e/ctor Luj " , 6hairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 16th day of December, 2015, by the following vote: AYES: COMMISSIONERS: Morales, ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONERS: Flores NOES: COMMISSIONERS: None Rodriguez and Owens -5- Mary C vanagh, Secr ry City Planning Commission