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HomeMy WebLinkAbout2. PC Draft Minutes - 06-21-17 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JUNE 21, 2017 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Rodriguez called the June 21, 2017, Regular Meeting of the Planning Commission to order at 6:39 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Jim Rodríguez, District 5, Chairman Miguel Duarte, District 1 Steven Dominguez, District 3 Matias Flores, District 4 COMMISSIONERS ABSENT: Patrick Owens, District 2, Vice Chairman OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney David Blumenthal, Principal Planner Monica Esparza, Associate Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Chairman Rodriguez commented on his attendance of the Metro EIR Scoping Meeting and discussed conceptual modifications to the Los Angeles County Rancho Los Amigos South Campus. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL: Director of Community Development Aldo Schindler reported the City Council approved following: 1) the annual Chamber of Commerce agreement; 2) a contract with Kimley- Horn and Associates contract to prepare a Specific Plan for the Rancho Los Amigos South Campus; and 3) a presentation of the proposal for a soccer field at the Rancho Los Amigos South Campus. PUBLIC HEARINGS: 1. PLN-17-00040 (General Plan Amendment and Zone Change): Chairman Rodriguez opened the public hearing for PLN-17-00040 and Ms. Cavanagh affirmed proof of publication. Associate Planner Monica Esparza presented the request to amend the General Plan Land Use Designation from Low-Density Residential to Medium-Density Residential and to rezone property currently zoned C-P (Professional Office) to R-3 (Multiple-Family Residential) located at 10221 Downey Avenue. Associate Planner Esparza reviewed the subject site, which is 18,000 sq. ft. and is improved with a single- family residence. The surrounding uses include Single-Family Residential to the east and west of the site, Office to the north along Florence Avenue, R-3 to the south, and along Lexington Road. The subject site currently has a General Plan land use designation of Low-Density Residential; the General Plan was last updated in 2005, at which point the land use designation of the subject site went from Office to Low- Density Residential. According to the General Plan, Low-Density Residential allows for the development of single-family residential units. The applicant is requesting that this designation be changed to Medium- - 2 - Density Residential; this would allow for developments of triplexes, apartments, condominiums and townhomes. The existing land use designation is consistent with the goals of the General Plan to keep this area for Low-Density Residential. Associate Planner Esparza explained changing the designation for the subject site would create a gap in the area currently designated for Low-Density Residential. Staff believes that the request to change the land use designation cannot meet the four findings required for approval and is therefore making a recommendation to deny the General Plan Amendment. The applicant is also requesting to change to zone of the subject site from C-P to R-3. The Downey Municipal Code (DMC) implements the objective of the General Plan by adopting the regulations that seek to accomplish the goals of the General Plan. The zoning was changed in 2001 from R-3 to C-P, which is the site’s current zone. At that time, it was consistent with the General Plan land use designation of Office, and was re-evaluated in 2005 when the land use designation was changed to Low-Density Residential. Therefore, the zone should ideally change to R-1 to be consistent with the General Plan. Although the zoning of the properties surrounding the subject site are currently R-3; the properties to west maintain Single-Family Residential uses. Ideally, to achieve the goals of the General Plan and to be consistent with the General Plan, all of the parcels should be rezoned to R-1. Similar to the General Plan amendment, zone changes require that all five findings for approval be made. Staff can only make one of the findings for the zone change and is therefore recommending denial of the zone change. If the final decision is to approve the applicant’s request, the applicant would be able to merge the two lots and build up to 19 units. This action requires City Council approval and therefore the Planning Commission’s role is tonight is to review the request and make a recommendation to the City Council. The Commissioners discussed the applicants plans to demolish both single-family dwelling units to combine the lots for future development; the neighboring parcels maintain differing zoning of R-3 and CP, both with a General Plan land use designation of Low-Density Residential for which the applicant would be required to return for a General Plan Amendment to change the land use designation to Medium-Density Residential for the R-3 zone that was not requested at this time. The Commissioners reviewed the surrounding uses and the applicant’s option to develop a three-story structure. The Commissioners asked if there was correspondence other than the letter included in the staff report received from a resident, to which staff confirmed there were none. They discussed the public noticing of the Planning Commission Meeting, which Director of Community Development Schindler advised the Commissioners, the notices are sent to the owners within 500 feet of the subject site, an ad is placed in the Downey Patriot, and the meeting agenda and this item was also posted twice on Facebook and Twitter. Disclosures: Commissioner Dominguez disclosed he drove down Downey Avenue and parked his vehicle and walked the street and observed on Downey Avenue from Florence Avenue and Florence Avenue to Downey Avenue and spent about ten minutes in that vicinity last Friday morning. Commissioner Duarte stated he drives past the subject site Monday through Friday on a regular basis. Chairman Rodriguez disclosed he had a 48 minute phone conversation with the applicant Don Jervis on February 28, 2017, at 5:00 p.m. and said a lot of it was general talk. Chairman Rodriguez stated he began the conversation stating that he was there to listen to what the applicant was telling him but not able to make determinations and made it clear that he cannot give any endorsement for or against the project. He said the applicant asked if they are legally allowed to meet and he told him yes we are, but the same things apply and they did not get to meet. The discussion ended with that and the applicant said what he was planning on doing and Chair Rodriguez said he looked forward to seeing the applicant at the meeting. Applicant Don Jervis commented on the lack of residents coming to the meeting is indicative of their desire to see a new development at the site, such as the KB Homes project. He suggested the current structure is out of date and the proposed project is suited for the neighborhood. Addressing the architectural scale he explained, a single family neighborhood needs some type of buffer, such as a fourplex. He finds no need to buffer large scale structures by two single-family homes and does not consider this to be a single- family neighborhood. He discussed the process for General Plan amendments and said the intent is to create a new future use or new vision for future use. In creating a Low-Density Residential area, it will - 3 - encompass multiple types of buildings such as a vacant lot, a duplex, or triplex. What they did was take an R-3 lot and made it Low-Density Residential, but the Low-Density Residential is encompassing the properties that are single-families and did not encompass any multi-family residences. He noted that the 2005 General Plan Amendment appears to have documented what existed in this area at that time and did not look to future use or vision for the city. Mr. Jervis addressed the request to rezone property currently zoned C-P to R-3 located at 10221 Downey Avenue. In 2001, the property was zoned R-3 and rezoned to C-P. He said staff advised him of the conflict with the request and would have to deny the application because of the General plan, and spent a lot of time discussing his options. He said one option was to build a four-story medical building, which he considered to avoid the zone change, but decided to move forward with the request for the R-3 zoning; he prefers residential developments and believes it is better suited for the area. He agreed with comments that the R-3 use would increase the traffic or parking and agreed in comparison to the R-1 use will have less traffic; however, whatever is built at the site, whether it is condominiums or an office building, the off street parking will be built to handle it. He believes an R-3 development will create less traffic than a medical building that would have more traffic with people in and out of the building, whereas the current CP zone will create a greater increase in traffic in comparison to an R-3 zone that would not only be more compatible with the neighboring zone, but bring it back to the original zoning. He reviewed the aesthetics of the R-3 zone, two–story developments, office and residential uses along Downey Avenue to Seventh Street and commented on the subject site being the only lot in the Low-Density Residential area zoned for office use. The Commissioners asked staff if the owner has the option to construct a commercial development where the current land use designation is Low-Density Residential. Staff explained the request to construct the building would require a Site Plan Review; one of the findings they would have to make is that it must be consistent with the General Plan. Mr. Jervis stated he originally worked with former City Planner William Davis and reviewed the surrounding zones with him at that time and was his understanding that because of the two different zones, the City has to allow development of one zone or another, the City cannot prevent his development of the property, it would be a taking of your land; the eminent domain. He explained that his understanding of the General Plan is that it is only a goal and the zoning is “zoning”. Principal Planner David Blumenthal clarified that the General Plan is long term policy in how the City wants to grow and is implemented by the zoning. The General Plan land use designations can be changed and the goal is for zoning to follow. While the City cannot prevent someone from building on their property, it does have the power to set zoning and General Plan designations to designate what can be constructed. The Commissioners asked staff for comments on the map shown as “Exhibit C” in the staff report, which isolates the subject site, identifying it as area 7, to be rezoned as R-1. Principal Planner David Blumenthal explained the lengthy and thorough analysis that goes into adopting a General Plan. The entire City is analyzed by a consultant, not staff, and recommendations are made to the City Council. The process take years and involves a lot of studies, it includes the Planning Commission, A Citizen General Plan Committee and the City Council. In this case, the subject site was studied and determined the City wants to maintain the single-family residences on this property. Director of Community Development Schindler reiterated, there was a lot of thought both on professional and academic levels that went into the analysis and it was not a technician documenting what was existing at that time. The Commissioners asked for legislative notes pertaining to the 11 Low-Density Residential sites, along Downey Avenue going onto La Reina Avenue. Principal Planner Blumenthal advised the Commissioners he did not have the history for the properties requested at this time, and would have to pull the files to do some more research, particularly, the properties and changes that occurred in 2005 that affect the - 4 - properties on Downey Avenue. The Commissioners commented on the difficulty in understanding the thought process in creating the mixed uses and the thinking behind creating a gap by maintaining the single-family residences and find it hard to follow. Principal Planner Blumenthal suggested from a Planning perspective, it appears to be tied into the area so as not to overcrowd the area causing a potential traffic impact particularly along Downey Avenue. The Commissioners added that La Reina Avenue is already a very dense area, and the church on Downey Avenue may have been a consideration; therefore, it is logical as to why they would have zoned it as such. With that, the Commissioners suggested the option of revising the request to an R-2 development, causing less of an impact compared to that of the R-3. City Attorney Garcia advised the Commissioners that the applicant would have consent to amending the application and come back with a new request. The Commissioners asked the applicant if he would consider reducing his scope to R-2, and redirected the question to staff that inquiring as to the maximum number of units the applicant would be allowed to build in the R-2 zone. Staff replied, if it is just for one lot he can build seven units and if he were to combine the units can build up to 14. Mr. Jervis stated the parking requirements in the Downtown area drive the number of the units and does not allow him to develop 19 units; realistically, there would be 16-17 two-story units, but he is now considering three-story units. The Commissioners asked how many units the applicant can build on the subject site if the zone request was reduced to R-2 zoning, to which Mr. Jervis replied 12 at the most and explained his conflict with the zoning for the area. Correspondence: None, other than that included in staff report. Public Comments: Yehia Zakaria spoke in favor of the application. Staff gave recommendation to deny the applicant’s request a General Plan Amendment and Zone Change. The Commissioners discussed the project and aesthetically it does not create an inconsistency along Downey Avenue, however they are unable to determine if the project would cause traffic congestion due to lack of written documentation of original study for the General Plan Amendments and the goals of the Low- Density Residential designation to rezone the subject site. They confirmed with staff, the General Plan recommendation to 2025 is to rezone the Low-Density Residential designations to R-1 zoning. They suggested the option to continue the hearing for further discussion to modify request from R-3 to R-2 zoning. The Commissioners revisited the option to continue the hearing for further discussion to modify request from R-3 to R-2 zoning to assist the applicant in moving forward with his project vs. denying the application and not being productive. The Commissioners were divided in their decision to continue the hearing to allow the applicant to return with a modified request for R-2 zoning and asked for direction from Counsel. City Attorney Garcia gave the Commission direction regarding the applicant’s option to return with a modified application, it is up to the applicant to decide; modification to the application does not mean that the recommendation will be different. Staff confirmed the R-2 use in the Low-Density Residential designation cannot be approved. - 5 - The Commissioners reviewed their concerns regarding the lack of written documentation of original study for the General Plan Amendments, the possibility of a three-story structure abutting neighboring residential properties. With the information presented, some members of the Commission were inclined to trust the decision made for the General Plan in 2005, it was proposed to research to find out why they made the decision; as it stands today, the inclination is to deny, irrespective of the height of the building. The Commissioners were note Director of Community Development Schindler advised the Commissioners, it is very difficult to look into the minds of the members involved in analyzing the area for the 2005 General Plan update. General Plan Amendment involves a lot of decision makers and takes years to complete; it is a long and arduous process that is taken very seriously in charting the course of the city for 20-30 years. What is endemic to Downey is the retention of single-family homes; it is fair to assume and fair to chart the course to keep the single-family residences. In the discussion of notifying the public of the hearings; noticing property owners and some property owners have tenants, but most local residents are those that own single-family homes. That logic is that they interact with the General Plan or a General Plan update, those that are in single- family homes will default to keeping that immediately around them as a single-family home. Commissioner Dominguez affirmed the comments made by Director Schindler. The Commissioners discussed the applicant’s fees and how he will be affected if the application is denied vs. returning with the modified application. City Attorney Garcia reviewed the applicant’s options: 1) if the applicant consents, amending his request with a different proposal; 2) take action now to accept staff’s recommendation to deny; or 3) if the Planning Commission disagrees with staff and is able to make the findings for approval, they can request a resolution for a recommendation of approval to City Council. City Attorney Garcia reiterated modifying the request to R-2 zoning does not guarantee that it will be approved; the applicant may return with the same result. Chairman Rodriguez reopened the public hearing. Mr. Jervis asked staff if an R-2 zone is allowed in a Low-Density Residential, to which they advised it is not allowed. Mr. Jervis requested the Planning Commission make their recommendation tonight to allow him to move forward and have City Council make the decision. Chairman Rodriguez made inquiries regarding the applicant’s options and the City Council being informed of the Planning Commissions discussion this evening. City Attorney Garcia reviewed the applicant’s options previously discussed and suggested the City Council review the Minutes for tonight’s meeting to understand the Planning Commission’s decision. Director Schindler advised Chairman Rodriguez that a copy of the Minutes with the discussion will be provided to the City Council. Commissioner Dominguez reviewed the inability to make all the findings, so noted the Planning Commission needs to act based on the findings. Commissioner Flores added that it would be the responsibility of the applicant to inform the City Council of the Planning Commission’s concerns outlined in the Minutes. Chairman Rodriguez closed the public hearing. - 6 - It was moved by Commissioner Flores, seconded by Chairman Rodriguez, and passed by a 4-1 vote with Vice Chairman Owens absent, to deny PLN-17-00040 as recommended by staff. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 1. Approval of the Minutes from May 3, 2017 It was moved by Commissioner Dominguez, seconded by Commissioner Duarte, and passed by a 4-1 vote, with Vice Chairman Owens absent, to approve the Consent Calendar. STAFF MEMBER COMMENTS: Director of Community Development Schindler reported the Rives Mansion has fallen into disrepair; staff has been working diligently with the foreclosure entity to restore the property to an appreciable condition. OTHER BUSINESS: 2. Early Planning Commission Review of Projects Chairman Rodriguez opened the discussion of the Planning Commission’s request for early review of projects. Chairman Rodriguez requested study sessions/group meetings that would include staff and the public to discuss projects at the earliest possible stages. Topics for discussion would include architectural design, private streets, setbacks, and lighting. The intent is to allow community involvement as well as added opportunity for the commissioners to comprehend the project concept prior to the public hearing. He opposed to continuing a public hearing item and stressed that there is not enough time to review the complicated details of the projects in the time given. Chair Rodriguez gave five project examples he believes would have benefited from a study session and improved the projects. He studied neighboring cities’ examples of informing the public of development activity and requested a similar development activity log with graphics linked to the City’s website to allow access to proposals submitted and map of the City. Chair Rodriguez also requested IT improvements to the City Council Chambers to allow internet access to Google Earth during discussions. Commissioner Dominguez was agreeable to the IT improvements and technological requests suggested, as long they can be worked out with the IT department and the Google searches can be documented in the Minutes. He discussed the concerns and recommendations presented by staff and fellow Commissioners present, in holding study sessions, including the Commission’s role in the approval process, what would trigger a study session, the legalities and possible negative effects. Commissioner Flores expressed concerns with the Commission becoming involved in the decision making process and the Chairman’s desire to redesign projects. He does not believe study sessions would have necessarily improved the projects discussed. He disagreed with doing study sessions; believes it is subjective. Another concern is sending the wrong message by interjecting the Commissions’ opinions early into a project. Applicants may be left with the idea that the Commission will redesign the project and wait to see what the Planning Commission will do and not want to follow staff’s direction. He agreed with the City Attorney’s interpretation of projects that might initiate a study session, such as those that are Citywide, hotels or large medical facilities. The Commission has continued hearings in the past and he found it to be positive in the end. He finds the six days provided to review the plans sufficient time and would like the Commissioners to consider staff’s time involved in these study sessions and the delays it would cause the applicant. - 7 - Commissioner Duarte believes community involvement is key; although, public approval of projects will always vary. The Commission can offer suggestions to applicants, but cannot force them to accept them. Commissioner Duarte agreed with Community Development Director Aldo Schindler, in that there must be great detail in discerning what will trigger a study session as it opens the City to due process, and that the applicant can claim bias for a number reasons. He agreed with Commissioner Flores, there is always the option to continue an item, using the Marriot Hotel as an example; it was a long meeting, and details could have continued to another meeting, and as a result the Commission received negative press. He agreed it would be beneficial to have more time to review plans during a holiday weekend when people may be out of town. The requests of the Commission were discussed with staff. The discussion reviewed the Planning Commissions duties to serve as judges of the project to its merits of the City Code; prejudging bias; additional review of projects may cause hardship to applicant by delaying their project; legalities and possible negative effects to the City; agreed to post activity development with graphics on a monthly basis due to current staff workload; IT improvements to allow for internet access; clarified the need for clear direction regarding the thresholds as to what projects trigger a study session, which would then be required to be taken to the City Council as it requires a Municipal Code Amendment. Chairman Rodriguez suggested continuing the discussion to another meeting to allow the opinions of Vice- Chairman Owens to be heard. ADJOURNMENT: Chairman Rodriguez adjourned the meeting at 10:05 p.m., to Wednesday, July 5, 2017, at 6:30p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 19th day of July, 2017. Jim Rodriguez, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on 19th day of July, 2017, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission