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HomeMy WebLinkAbout4. Draft PC Minutes - 07-06-16 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, July 6, 2016 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Flores called the July 6, 2016, Regular Meeting of the Planning Commission to order at 6:37 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Matias Flores, District 4, Chairman Patrick Owens, District 2 Hector Lujan, District 1 Jim Rodríguez, District 5, Vice Chairman COMMISSIONERS ABSENT: Louis Morales, District 3 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney William E. Davis, City Planner Guillermo Arreola, Senior Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Vice Chairman Rodriguez asked for updates on the left turn signal at Imperial Highway and Downey Avenue and the dispute between commercial neighbors at Woodruff Avenue and Stewart and Gray Road. Director of Community Development Aldo Schindler replied he will look into the traffic signal and City Attorney Yvette Garcia updated the Commissioners on the current status of the dispute between the commercial neighbors and said staff continues to monitor the site to ensure that the business is in compliance with the conditional use permit. Chairman Flores requested additional signage at the main entrance of the Promenade to avoid confusion and traffic congestion. Director Schindler advised the Commissioners that the developers are working on creating signage that would be best suited for that entrance. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: Director of Community Development Schindler reported the following items were approved at the last two Council meetings: June 14, 2016 meeting, the City Council approved the agreement with Dixon Resources Limited for the final phase of our parking study and a resolution to continue partnership with the Southeast Los Angeles County Workforce Development Board (SELACO). On June 28, 2016, the Council approved the Specific Plan Amendments and CEQA actions for the Aldi’s Grocery store; and an amended agreement with RMI Security servicing the downtown parking structure for six months. PUBLIC HEARINGS: 1. PLN-15-00004 (Conditional Use Permit): Chairman Flores opened the public hearing for PLN-15- 00004 and Ms. Cavanagh affirmed proof of publication. City Planner William Davis presented the request to change the General Plan land use designation of the Planning Commission Minutes July 6, 2016 - 2 - subject property, located at 10361 Foster Road, from LDR (Low Density Residential) to MDR (Medium Density Residential); to rezone the property from R-1 (Single-Family Residential) to R-3 (Multiple-Family Residential); Tentative Map No. 72028 standards to subdivide a 2.41 acres parcel into fourteen condominiums and a private driveway, site plan review; and adopt a Negative Declaration of the environmental impact. Mr. Davis reviewed the subject site and its surroundings and informed the Commissioners that this item was originally scheduled to be heard July 16, 2015; however, staff was not comfortable in presenting the project for multiple reasons, such as the overall project design and concerns presented by the residents. In the past year, staff discussed the project with the applicant and Mayor to address concerns expressed by the residents who expressed strong opposition to the project. After working with the applicant, the project was considered for peer review and the applicant has returned with the designs presented. The Commissioners discussed the following with staff: The project’s close proximity of the subject site to the Edison towers regarding EMF (Electric Magnetic Fields) high voltage lines and possible affects to the residents and development; options for fencing, maintenance and use of the easterly portion of the site along the San Gabriel Flood Control Channel that serves as a bicycle and pedestrian path; block walls along the westerly portion; parking; architectural design; rentals vs. ownership; the benefits of Home Owners Association (HOA); and site security, including access/entrance security gate. Disclosures: Commissioner Owens disclosed that he drove by the site this morning; Vice Chairman Rodriguez walked the area at approximately 3:00 p.m. for 45 minutes and took photos; and Chairman Flores rode his bike in the area a few months ago. Vice Chairman Rodriguez made multiple inquiries regarding the fencing at the entrance of the bike path and asked to share the photos he had taken today at 3:00 p.m. to show the curve of the bike path (entrance) from Foster Road. Copies were distributed to the Commissioners, City Planner and members of the audience for their review. Correspondence: City Planner Davis advised the Commissioners the petition contained in the staff report was signed by residents last year. However, the item was not heard last year and the residents were not able to express their concerns at that time. The applicant took a copy of last years’ plans and took it to the residents who signed a petition in support of the project. Staff received a petition from the residents tonight in opposition of the project and an email from Donna Siemann was sent to the Downey website (webmaster) also in opposition. Applicant Emilio Gutierrez, 11444 Acacia Ave., Unit A, Hawthorne, CA, thanked the Commissioners and staff. He said he reviewed the staff report and the negative declaration and agreed to all recommendations and conditions of approval. Mr. Gutierrez stated that the applicant contacted an Edison engineer who designed the tower and reviewed the EMF (Electric Magnetic Fields) and gave an example of microwave ovens that are 50 times stronger than the towers. The Commissioners discussed the close proximity of the Edison towers and requested a copy of the Edison documents provided to the applicant to review. Mr. Gutierrez explained the document was 596 pages and not readily available. The applicant also corresponded via emails with Edison to design the project in accordance with CPUC (California Public Utilities Commission) guidelines. The Commissioners reviewed Exhibit ‘D’ of the staff report and commented on the signatures of the petition in favor of the project were not all residents in the area, to which Mr. Gutierrez replied they were people he interviewed within 500 feet of the project. Speaking against: Joseph Sosa, 10283 Foster Road, expressed concerns that existing problems with transients, traffic related issues and crime will increase. Planning Commission Minutes July 6, 2016 - 3 - Donna Siemann, 10225 Foster Road, 44 year Downey resident, complained that the lot is always trashed; the walking path is used as a bike path; there are homeless people with tents along the riverbed; people are doing drugs and it is not a safe environment for people to live. Ms. Siemann stated her opposition to residential developments and suggested building a storage facility. Steve Odrich, 13118 Carfax Avenue, expressed concerns regarding privacy, the riverbed flooding and natural disasters, the property hasn’t been maintained, increased density of the neighborhood, and added wear and tear to the streets that are currently in disrepair. Donna Ewald, 13246 Carfax Avenue, 43 year Downey resident said she had been robbed 10 times and complained of graffiti, the recent construction of storage units in the area caused damage to her home and property. There are homeless people and drug dealers and it is not a safe area for children. Ana Trujillo, 10215 Foster Road, 30 year Downey resident expressed concerns regarding traffic, parking, trash and the homeless in the area. Applicant’s Rebuttal: Mr. Gutierrez acknowledged the neighbors’ concerns and found them to be valid. He finds the concerns presented tend to be improved as the sites are developed. The architecture is modern and as a condominium project, it requires ownership along with an HOA and an excess of parking for the development he believes it will enhance the area. Staff recommended the Planning Commission adopt two resolutions to 1) recommend the City Council approve the General Plan Amendment and Zone Change; and 2) approve the Tentative Tract Map, Site Plan Review and Negative Declaration. Chairman Flores closed the public hearing. The Commissioners thanked the members of the audience who appeared to give testimony, along with staff and the applicant for their efforts in presenting the application. They unanimously agreed that they require more information from possibly an outside consultant regarding safety issues concerning voltage from the Edison towers; a clean and clear rendering of the southeast corner; access to similar projects to see if they have had issues. Staff discussed options with the Commissioners and the applicant to continue to a date uncertain to allow the applicant to allow staff time to work with the applicant to provide the information requested by the Commission. Chairman Flores reopened the public hearing. Mr. Gutierrez agreed to continue the public hearing to a date uncertain. Chairman Flores closed the public hearing. It was moved by Vice Chairman Rodriguez, seconded by Commissioner Owens and passed by a 4-1 vote with Commissioner Morales absent, to continue the public hearing on PLN-15-00004 to a date uncertain, with the direction of staff as indicated by the Commission. Director Schindler advised the members of the audience this item will be re-noticed when this item will be heard. The Planning Commission meets on the first and third Wednesdays of every month and can be followed on Facebook, Twitter, Downey Patriot and the Downey’s website. Everyone within 500 feet of the subject site will receive a written notice as well. Planning Commission Minutes July 6, 2016 - 4 - CONSENT CALENDAR ITEMS: 2. Minutes from March 2, 2016 It was moved by Vice Chairman Rodriguez, seconded by Chairman Flores and passed by a 4-1 vote with Commissioner Morales absent, to approve the Consent Calendar. OTHER BUSINESS: Director Schindler reviewed the binders that were distributed to the Commissioners prior to the meeting. They are hard copies of the Downtown Specific Plan that was requested by Commissioner Morales that are also available online. Staff received a grant from METRO for $425,000 last fiscal year to produce a Specific Plan for the Rancho South Campus to add a Metrolink train station in that area. He thanked Chairman Flores and Vice Chairman Rodriguez for their interviews in participation with the development permit audit. STAFF MEMBER COMMENTS: Commissioner Lujan shared comments he received regarding the bike lane on Gardendale Street. ADJOURNMENT: With no further business to discuss, Chairman Flores adjourned the meeting at 9:07 p.m., to Wednesday, July 20th, 2016, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 2nd day of November, 2016. Matias Flores, 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 2nd day of November, 2016, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission