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HomeMy WebLinkAbout3. PC Draft Minutes - 09-06-17 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, SEPTEMBER 6, 2017 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Rodriguez called the September 6, 2017, Regular Meeting of the Planning Commission to order at 6:36 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 Patrick Owens, District 2, Vice Chairman Steven Dominguez, District 3 Matias Flores, District 4 COMMISSIONERS ABSENT: None OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney David Blumenthal, City Planner Guillermo Arreola, Principal Planner Monica Esparza, Associate Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Commissioner Flores reported multiple break-ins ranging from home invasions to car theft that occurred within the 4th District and the Little Lake Park area, and asked for Police Department activity charts. Director of Community Development Aldo Schindler replied, he would contact the Police Department and forward the information to Commissioner Flores via email. PRESENTATIONS: None. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL: Director of Community Development Aldo Schindler reported the City Council approved the Development Agreement Amendment for the Promenade. PUBLIC HEARINGS: 1. PLN-17-00047 (Conditional Use Permit): Chairman Rodriguez opened the public hearing for PLN-17- 00047 and Ms. Cavanagh affirmed proof of publication. Commissioner Flores recused himself from the public hearing because his residence is located within 500’ feet of the subject site. Associate Planner Monica Esparza presented the request to allow the operation of a full-body massage establishment (In-Step) at 9237 Lakewood Boulevard, zoned C-2 (General Commercial). She reviewed the subject site abutting a Chris & Pitts Restaurant, residential properties to the west and north and commercial properties to the east and across Lakewood Boulevard. The space will include massage - 2 - beds separated by curtains and massage chairs for foot, neck and head massages. During the review of this application, the Police Department expressed concerns with visibility in to the establishment. As such, staff has recommended a condition of approval that requires the applicant to remove the existing tint on the exterior windows, facing Lakewood Boulevard. Pedestrians will be able to see that there is a massage establishment, while still offering privacy for those experiencing full-body massages. During the Development Review Committee review of the project, there were no additional concerns expressed beyond compliance with the current codes. Chairman Rodriguez called for a break at 6:46 due to technical difficulties with the video. The meeting was reconvened at 7:02 p.m. Disclosures: None. The Commissioners discussed licensing requirements with Associate Planner Esparza. She indicated that the masseur licenses are regulated by both the State and the City. Correspondence: Staff received one phone call in opposition to the application but no reasons for the opposition were given. Staff gave recommendation to approve the request for a Conditional Use Permit (PLN-17-00047). Applicant, Kelly Zhang appeared represented by Paul Gonzales, stated the applicant agreed to all conditions of approval. The Commissioners asked about another massage establishment owned by the applicant in Whittier. Mr. Gonzales stated the Whittier location had the same landlord and that there had been no problems. Public Comments: None. Chairman Rodriguez closed the public hearing. The Commissioners spoke in favor of the application, noting that the site had been vacant for 10 years and it would be a good addition to the center. It was moved by Commissioner Dominguez, seconded by Commissioner Duarte, and passed by a 4-1 vote with Commissioner Flores abstaining, to adopt Resolution No. 17-3030, thereby approving (PLN-17-00047). Commissioner Flores re-entered the Council Chambers at 7:41 p.m. 2. PLN-17-00102 (Zone Text Amendment): Chairman Rodriguez opened the public hearing for PLN-17- 00102 and Ms. Cavanagh affirmed proof of publication. Principal Planner Guillermo Arreola gave a presentation of the request to amend the Downey Municipal Code to regulate marijuana. He outlined the proposed Ordinance to prohibit commercial cannabis activities in the City, provide regulations for personal cultivation within private residences and prohibit outdoor cultivation. Chairman Rodriguez asked for clarification on how 50 square feet is allowed within a residential structure for cannabis cultivation. Principal Planner Arreola replied that only a cumulative area of 50 square feet within a fully enclosed structure or accessory structure could be used for indoor marijuana cultivation and must prohibit access to minors. - 3 - The City Attorney suggested removal of the word cumulative. City Planner Blumenthal clarified that the word cumulative was included to encompass 50 square feet of total space within a residential structure, for example two closets of 25 square feet each. Vice Chairman Owens expressed concern that we were regulating this idea to the point that would make the cultivation of cannabis impossible. He opined that the 2009 police white paper was out of date and that cannabis is not the gateway drug it was once considered. Director Schindler reminded the Commission that the Council’s direction was to ban cultivation to the extent feasible. Commissioner Duarte stated that he understood that even though recreational use is now allowed the City Council’s direction is to limit it to the extent possible. Director Schindler concurred. The City Attorney clarified the role of the Planning Commission is to review the language of the ordinance and make recommendations to the Council of any changes and then the Council will consider the Ordinance and take final action. Vice Chairman Owens disclosed that his Councilmember from District 2 is not on board with the proposed direction of the ordinance. He expressed concerned that the ordinance could push away bio-medical laboratory uses the City was trying to attract. He expressed his displeasure with the proposed ordinance. Director Schindler indicated that Kaiser and other medical institutions had not indicated a potential for medical marijuana research. Commissioner Dominguez questioned the potential cost of a marijuana permit. City Planner Blumenthal answered that the City could not charge more than the staff time involved in processing the permit, without going to a vote. Commissioner Dominguez expressed concern for mold and humidity in the residential units not addressed in a filtration system geared toward limiting odors. Director Schindler stated that language within the ordinance allowed the City to control the permit process (and address humidity concerns) as it does with any construction project. Vice Chairman Owens asked if the proposed ordinance was modeled after any other City’s ordinance. Director Schindler indicated the cities of Cerritos, Whittier, and Lake Forest. He also advised the Commission that the Council needs to review the item twice and that there is a 30 day wait for the ordinance to be in effect. He informed the Commission we could push the item to one more meeting but requested they provide recommendations this evening in order to meet the State’s deadline. He also stated that this process of regulation is new to the State and that opportunities for amendments will be forthcoming. Vice Chairman Owens asked staff what would happen if the City didn’t adopt an ordinance. Principal Planner Arreola stated that retail sales of cannabis would be treated as any other retail use and a business could open in any commercial zone and that personal cultivation would be regulated by the State. Vice Chairman Owens opined that Proposition 64 requires monies from marijuana sales filter down to the cities. - 4 - The City Attorney clarified that under Proposition 64, the State has an excise tax on marijuana sales and that those funds are earmarked for cities that allow marijuana sales and that those funds are for educational purposes. Vice Chairman Owens discussed medical marijuana and hemp and the various properties of each plant. He questioned whether the Council meant to exclude all medical uses of marijuana. Chairman Rodriguez closed the public hearing. Correspondence: None. Staff gave recommendation to approve the request for a Zone Text Amendment (PLN-17-00102). Chairman Rodriguez summarized the Ordinance analysis was complete and followed Council’s mandate to exclude marijuana use within the City; that testing of medical research of marijuana should be excluded from the bio-medical overlay; and that an annual inspection was unnecessary. He stated that although the process of residential cultivation under the Ordinance is arduous it is still doable. Commissioner Duarte agreed with Vice Chairman Owens that the 2009 white paper is out of date but that the Council has already stated that given Council’s previous direction, there was no sense in rewriting the ordinance. He suggested that opinions be voiced to Councilmembers and that he would be ok with medical and laboratory research. He reminded the Commission of Director Schindler’s comment about the situation being fluid and that amendments to the ordinance would be coming back in the future. Commissioner Flores stated that while he disagreed with the City Council’s position, they were exceptionally clear and that revisions to the Ordinance would be a waste of time if the policy has already been determined. Vice Chairman Owens remarked that the issue should be remanded back to the Council and that he liked Commissioner Duarte’s suggestion to take it back to your Councilmember and have them take second look at the issue. The City Attorney advised the Commission that they could not remand the issue back to Council and that the Code is clear that a recommendation must be made. She provided the Commission with options of: 1) Adopting the application as is; 2) recommend to the City Council to remove the ventilation or filtration requirements or address the humidity issue; 3) recommend that the Council carve out a provision allowing laboratory testing; or 4) recommend the City Council not adopt the ordinance. Commissioner Dominguez brought forth the issue of whether CBD oil is regulated and whether it should be reflected in the Ordinance. Chairman Rodriguez expressed that through the discussion it appeared that the Commission wanted to recommend approval of the ordinance but was having reservations and needed the issue of humidity addressed. Vice Chairman Owens made a motion not to recommend approval of the ordinance because he stated it needs three to five hours of rework. The motion died, due to lack of second. City Planner Blumenthal advised the Chair that staff had revised a section of the ordinance to address the humidity concern. Principal Planner Arreola suggested the following language be added to the ordinance, “any residential structure used for the cultivation of marijuana must have a ventilation and filtration system, address humidity - 5 - and comply with all building codes.” Director Schindler advised the Commission that the issue of CBD oil will be researched and brought to Council’s attention if it is relevant. It was moved by Commissioner Flores, seconded by Commissioner Dominguez, and passed by a 4-1 vote with Vice Chairman Owens voting No, to adopt Resolution No. 17-3031, thereby recommending approval to the City Council to approve (PLN-17-00102). NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 3. Approval of the Minutes from August 2, 2017 4. PLN-17-0138 (General Plan Consistency finding for 9525 Imperial Highway) It was moved by Commissioner Flores, seconded by Commissioner Dominguez, and passed by a 5-0 vote, to approve the Consent Calendar, with Vice Chairman Owens abstaining from approving the Minutes from August 2, 2017. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: The Commissioners asked for updates on several restaurants and retail sites. Director of Community Development Schindler reported the La Barca restaurant on Firestone Boulevard is expected to open by Thanksgiving; there are national interests in the former Elephant Bar location, and staff had been in discussions with potential tenants; there are no quarterly reports available to update on the Aldi Market at this time, and the Avenue Theatre reuse is on the horizon and will be before them as early as December or as late as February. He also reminded the Commission of the development activity page on the City’s website. ADJOURNMENT: Chairman Rodriguez adjourned the meeting at 9:04 p.m., to Wednesday, September 20, 2017, at 6:30p.m. at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 4th day of October, 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 4th day of October, 2017, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission