HomeMy WebLinkAbout3. PC Draft Minutes - 12-07-16
DRAFT MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, DECEMBER 7, 2016
CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
Chairman Flores called the December 7, 2016, Regular Meeting of the Planning Commission to order at
6:30 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary
Cavanagh called roll.
COMMISSIONERS PRESENT: Hector Lujan, District 1
Patrick Owens, District 2
Louis Morales, District 3
Matias Flores, District 4, Chairman
Jim Rodríguez, District 5, Vice Chairman
COMMISSIONERS ABSENT: None
OTHERS PRESENT: Aldo E. Schindler, Director of Community Development
Yvette Abich Garcia, City Attorney
William E. Davis, City Planner
David Blumenthal, Principal Planner
Guillermo Arreola, Senior Planner
Monica Esparza, Associate Planner
Kevin Nguyen, Assistant Planner
Mary Cavanagh, Secretary
PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS: The Commissioners wished everyone a Merry Christmas.
PRESENTATIONS:
1. Development Permit Process Assessment – Matrix Presentation): Director of Community
Development Aldo Schindler introduced Alan Pennington, Matrix Consulting.
Mr. Pennington gave a brief PowerPoint presentation of the development permit process from the
perspective of the applicant and staff, with key recommendations such as improving technology for all
departments involved in the process.
CHANGES TO THE AGENDA: None
REPORT ON CITY COUNCIL: Director of Community Development Aldo Schindler reported the City
Council approved the sale and reuse of the Avenue Theatre for numerous restaurants and a lounge.
PUBLIC HEARINGS:
2. PLN-16-00240 (Conditional Use Permit): Chairman Flores opened the public hearing for PLN-16-
00240 and Ms. Cavanagh affirmed proof of publication.
Principal Planner David Blumenthal presented the request to install and operate a natural gas fuel cell
system for Kaiser Medical Offices located at 9449 Imperial Hwy., and zoned M-2 and P-B (General
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Manufacturing and Parking Buffer). Principal Planner Blumenthal reviewed the proposed location, fencing
and brief description of the natural gas fuel cells.
Disclosures: Chairman Flores, Vice Chairman Rodriguez and Commissioner Lujan disclosed that they are
members of Kaiser Permanente.
Applicant James Matthews, representing Bloom Energy, reviewed the operational aspects of the fuel cells
using natural gas. He explained that the system creates its own energy, working parallel with Edison and
would require a backup generator in the event of a blackout.
The Commissioners asked if the system generated pollutants and if there are other locations where they
are currently in operation.
Mr. Mathews informed the Commissioners that the fuel cells emit minimal amounts of carbon dioxide,
which is why they are exempt from the AQMD (Air Quality Management District). They are currently in
Home Depot in Cerritos and Signal Hill and a lot of “Big Box Retail”. Bloom Energy is getting more and
more medical offices, but their clients are primarily retail.
Correspondence: None.
Speaking against:
An unidentified speaker spoke against the application, expressing concerns with the safety of this type of
system being a new source of energy and the possibility of it being hazardous to the environment.
Applicant’s rebuttal:
Mr. Matthews addressed the concerns of the public speaker and explained that the energy is contained
within the system and does not release chemicals, there is no combustion or radiation. He informed the
Commission that although the system is new to Downey, there are currently close to one thousand in
operation monitored 24 hours for productivity and safety, and it is the state of Delaware’s main utility.
Chairman Flores closed the public hearing.
It was moved by Commissioner Morales, seconded by Chairman Flores, and passed by a 4-1 vote, with
Commissioner Owens absent, to adopt Resolution 16-3009, thereby approving the request for a
Conditional Use Permit (PLN-16-00240).
3. PLN-16-00254 (Revocation of Conditional Use Permit PLN-12-00215 and PLN-13-00054):
Chairman Flores opened the public hearing for PLN-16-00254 and Ms. Cavanagh affirmed proof of
publication.
City Planner William Davis presented the request to revoke a conditional use permit to sell alcoholic
beverages at the WetBar, located at 8832 Imperial Highway. Mr. Davis reviewed the history of illegal
activities, such as numerous police calls for service, live entertainment activities and noise impacts to
residential neighbors. He stated that findings can be made to support the revocation.
City Attorney Yvette Garcia clarified the process of revoking a conditional use permit.
The Commissioners inquired as to the current status of the ownership of the Wetbar.
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City Prosecutor Jim Eckhart advised the Commissioners that the WetBar’s ABC liquor license transferred
to the Bar Louie Restaurant over one year ago. Mr. Eckhart discussed ABC regulations pertaining to
limitations to the number of alcohol licenses allowed and the sale/transfer of existing licenses.
Disclosures: None.
Correspondence: None.
Speaking against:
The unidentified speaker discussed alcohol, drug abuse and spoke against the findings.
Staff recommended the Planning Commission adopt a resolution to approve the Revocation of Conditional
Use Permit (PLN-12-00215 and PLN-13-00054).
Chairman Flores closed the public hearing.
The Commissioners found the revocation to be in order, the findings can be met, and it is applicable and
the right thing to do for the residential neighbors.
Commissioner Owens entered the entered the Council Chambers at 7:37 p.m.
It was moved by Vice Chairman Rodriguez, seconded by Commissioner Lujan, and passed by a 4-1 vote,
with Commissioner Owens abstaining, to adopt Resolution 16-3010 thereby approving the request to
revocation Conditional Use Permit PLN-12-00215 and PLN-13-00054.
NON-AGENDA PUBLIC COMMENTS: The unidentified speaker discussed his concerns related to the
elderly and ADA.
CONSENT CALENDAR ITEMS:
4. Approval of the Minutes from August 17, 2016
5. Approval of the Minutes from September 7, 2016
6. Final Parcel Map No. 73738 – A request to consolidate two parcels into one legal parcel containing
33,494 square feet
7. Final Parcel Map No. 74254 – A request subdivide a 1.66 acre lot to construct a 39-unit condominium
project
8. Final Parcel Map No. 73999 – A request for approval to subdivide a parcel into 29 lots
Vice Chairman Rodriguez noted the Notary acknowledgment document was not signed for Final Parcel
Map No. 74254.
It was moved by Chairman Flores and seconded by Commissioner Morales, and passed by a 4-1 vote, with
Commissioner Owens absent, to approve the Consent Calendar with noted comment.
OTHER BUSINESS: Commissioner Lujan wished his fellow Commissioners well, as the year comes to a
close, and expressed gratitude for the opportunity to serve six years as a Planning Commissioner.
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STAFF MEMBER COMMENTS: Director Schindler announced the $180,000 Bike Share Grant received
from LA Metro will be implemented by the end of 2017.
ADJOURNMENT: Chairman Flores adjourned the meeting at 7:49 p.m., to Wednesday, December 21,
2016, at 6:30 p.m. at Downey City Hall, 11111 Brookshire Ave.
APPROVED AND ADOPTED this 4th day of January, 2017.
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 4th day of January, 2016, by the following vote:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
NOES: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission