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HomeMy WebLinkAbout3. PC Draft Minutes - 08-02-17 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, AUGUST 2, 2017 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Rodriguez called the August 2, 2017, Regular Meeting of the Planning Commission to order at 6:34 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, City Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Chairman Rodriguez thanked staff for their efforts in creating the Development activity tab on the City’s website and asked that they add the date of submission to the projects. PRESENTATIONS: None. CHANGES TO THE AGENDA: Director of Community Development Aldo Schindler stated the Early Planning Commission Review of Projects has been continued to the August 16, 2017 meeting to allow Vice Chairman Owens to participate in the discussion. REPORT ON CITY COUNCIL: Director of Community Development Aldo Schindler reported the City Council received a presentation on Proposition 64 Legalization of Marijuana. The City Council took its first stance on banning marijuana in the City of Downey. Staff will present the Planning Commission with a report recommending the Planning Commission adopt a resolution recommending the City Council ban recreational use of marijuana at a September Planning Commission hearing. PUBLIC HEARINGS: Chairman Rodriguez recused himself from PLN-17-00119 due to his property being located within 500’ of the subject site. 1. PLN-17-00119 (Development Agreement Amendment): Commissioner Flores opened the public hearing for PLN-17-00119 and Ms. Cavanagh affirmed proof of publication. Director of Community Development Aldo Schindler presented the request to amend the Tierra Luna Development Agreement that is between the City of Downey, PCCP IRG Downey and IRG Downey, - 2 - LLC, developers of the Promenade at Downey shopping center located at 12214 Lakewood Boulevard. Director Schindler stated that Vice Chairman Owens was not able to attend and sent his comments via email which he wished to be included in the hearing. Director Schindler reviewed Vice Chairman Owens comments and proceeded with his presentation. Vice Chairman Owens’ comments are attached to these Minutes. He gave a brief overview of what currently exists at the Promenade at Downey shopping center along with the history of land lease, purchase and sales agreement, and the development agreement. Director Schindler explained, the developer is working on conceptual plans for the next phase of development. Accordingly, they are asking to amend the Development Agreement to streamline the review of new tenants and to eliminate the need for a Fire Station on site. The Downey Fire Chief has determined that the City should prepare a masterplan and facilities assessment of their existing fire stations, and does not need an additional fire station. Director Schindler discussed the challenges with the retail covenant if the property is to be sold. All the tenants at the Promenade have long term leases and he explained it has served its purpose and is no longer relevant. Staff is recommending the Planning Commission find that the amendments to the Development Agreement are consistent with the City’s General Plan and the Downey Landing amended Specific Plan, and recommend the City Council proceed in the same manner. PC Discussion: Commissioner Dominguez inquired as to the development of the remaining 21 acres and discussed options for conceptual medical and hotel projects with staff and timelines for completion. Due to timeline in developing the site, they also discussed temporary uses such as a park for the community or inventory storage for auto dealers. Commissioner Dominguez expressed concerns regarding the removal of the fire station and possible future need for an additional fire station and the removing the covenant will attract lesser quality retailers. Commissioner Duarte discussed the areas that the Downey fire stations serve and asked for clarification regarding the covenant’s restriction of retailer “types”. Commissioner Duarte inquired about the negotiation process in developing the site for a hotel and asked about how the Specific Plan governs the hotel use. Commissioner Flores asked about the Specific Plan and the option of developing a hotel at the subject site, and the limitations to this area. Staff reviewed the limitations in the development of previous projects and stated future hotels would be allocated a 4 acre parcel as a development pad. They discussed medical uses, retail projects and the covenant list. Commissioner Flores reviewed the number of fire stations located within the city and the consultant’s recommendation to build within or onto the existing stations. Disclosures: None. Correspondence: City Planner David Blumenthal stated the only correspondence received was an email correspondence between Director Schindler and Vice Chairman Owens to include his comments in tonight’s meeting. Secretary Cavanagh distributed copies of the email to the Commissioners and staff. Jeffrey Cook, 48 Villa DE Lotto, San Clemente, representing owners PCCP IRG Downey and IRG Downey, LLC, reiterated Director of Community Development Schindler’s comments and noted that any use must comply with the Specific Plan and General Plan and is therefore held to a high standard. Public Comments: Doug Anderson, 10434 Hasty Avenue, Downey, spoke against the application, expressing the City’s need for a fire station and concerned regarding the decision to decline the option to - 3 - add one at no cost to the City. He stated the covenant is in place to protect the City and the developer from liquor stores and junk sales and asked the Commissioners to take time on making their decision until the study for the fire station is complete. Connie Patton, 8504 Firestone Boulevard, Downey, spoke against the application. Ms. Patton believes removing the covenant would attract smaller businesses. She was displeased that there are currently businesses at the site that were not on the approved tenant list and wants the current list to be maintained. She also expressed concern that low quality hotels and other small businesses and restaurants would fill the site. She strongly opposes removing the requirement to build a fire station that she believes to be at no cost to the City, and the temporary use of parking for car dealerships for the undeveloped portion of the site. Ms. Patton also expressed her discontent with the City’s notification process for the public hearing, commenting on the lack of information and delivery of the written notice. The Commissioners reviewed the public notice and notification process with staff. City Attorney Yvette Abich Garcia reviewed the requirements for public notifications and advised the Commission if more notice is something they require, they can initiate a Zoning Code Amendment. Doug Anderson reiterated his complaints regarding the public notice and the description of the previous name and lack of using the current name to identify the project. Renee Mills, 10434 Hasty Avenue, Downey, spoke against the application, reiterated the comments made regarding the need for an additional fire station, maintaining the covenant and lack of information provided in the public notification for the public hearing. Applicant’s rebuttal: Jeffrey Cook clarified the fire station is not free. The developer would pay up to $4 million dollars which the City would have to repay over 20 years; all costs above the $4 million dollars would have to be paid by the City upfront. He also noted that the removal of the covenant restrictions benefits the City in profit participation. Staff gave recommendation of approval to adopt Resolution 17-3028. Commissioner Flores closed the public hearing and called for a recess at 7:46 p.m. Commissioner Flores called the meeting to order at 8:01 p.m. Director of Community Development Schindler clarified, the fire station would ultimately cost the City approximately $15 million dollars; the covenant applies to the developed 58 acres, it does not apply to the undeveloped 21 acres; he agreed that suggestion for temporary use at the undeveloped site was only a suggestion not a use and stated parking cars is not a good use at the site. The Commissioners discussed the Fire Chiefs comments regarding his determination of the City’s needs for a facilities assessment and a masterplan over an additional fire station and the majority believes the covenant is no longer needed. City Attorney Yvette Abich Garcia discussed the Planning Commissions purview is to find that the amendment is consistent with the Specific Plan and General Plan and make a recommendation to City Council to adopt a Resolution with recommendation to the City Council. It was moved by Commissioner Flores, seconded by Commissioner Duarte, and passed by a 3-1-1 vote, with Chairman Rodriguez abstaining and Vice Chairman Owens absent, to adopt Resolution No. 17-3028, - 4 - recommending the City Council approve the Development Agreement Amendment (PLN-17-00119). Chairman Rodriguez re-entered the Council Chambers at 8:23 p.m. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 2. Approval of the Minutes from May 3, 2017 3. Revised Draft Minutes from June 21, 2017 It was moved by Commissioner Flores, seconded by Commissioner Dominguez, and passed by a 4-1 vote, with Vice Chairman Owens absent, to approve the Consent Calendar. OTHER BUSINESS: Early Planning Commission Review of Projects (continued to August 16, 2017). STAFF MEMBER COMMENTS: Director of Community Development Schindler reported the County of Los Angeles will be performing an environmental study (CEQA) on their south campus at the Rancho Los Amigos site. They are looking at three proposals 1) a Metro rail station; 2) the City is using Metro grant funds and starting a Specific Plan for complimentary uses at the site; and 3) the county will relocate some of their own uses. ADJOURNMENT: Chairman Rodriguez adjourned the meeting at 8:26 p.m., to Wednesday, August 16, 2017, at 6:30p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this ____ day of ______, 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 this ____ day of ______, 2017, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission