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Home My WebLink About5. Draft Minutes - 04-18-18DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, APRIL 18, 2018 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Vice Chairman Dominguez called the April 18, 2018, Regular Meeting of the Planning Commission to order at 6:33 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Miguel Duarte, District 1 Matias Flores, District 4 Steven Dominguez, District 3, Vice Chairman COMMISSIONERS ABSENT: Nolveris Frometa, District 5 Patrick Owens, District 2, Chairman OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney David Blumenthal, City Planner Guillermo Arreola, Principal Planner Alfonso Hernandez, Associate Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. CHANGES TO THE AGENDA: Director of Community Development Aldo Schindler advised the Commission that Public Hearing Item No. 2 (PLN-17-00145) of the agenda will be continued to the next meeting on May 2nd, 2018. Staff will send out a courtesy notice to property owners within 500’ of the subject site, which will be posted on social media as well. 2. PLN-17-00145 (Negative Declaration, General Plan Amendment and Zone Change): Vice Chairman Dominguez opened the vote to continue the hearing for PLN-17-00145. It was moved by Commissioner Flores, seconded by Commissioner Duarte, and passed by a 3-0-2 vote, with Chairman Owens and Commissioner Frometa absent, to continue the public hearing for PLN-17-00145 to the May 2, 2018 Planning Commission Meeting. PRESENTATIONS: None. REPORT ON CITY COUNCIL: Director of Community Development Schindler reported the City Council approved the request for a code amendment for private schools’ signs. PUBLIC HEARINGS: 1. PLN-18-00035 (Special Event Permit): Vice Chairman Dominguez opened the public hearing for PLN- 18-00035 and Ms. Cavanagh affirmed proof of publication. Associate Planner Alfonso Hernandez presented the request by Downey High School Football Boosters, to operate their annual three day carnival at a new location at 12330 Woodruff Avenue (Columbus High School) zoned R-1 (Single Family Residential) and C-2 (General Commercial). - 2 - The carnival will be held on April 20, 2018 through Sunday April 22, 2018 during the following hours: • Friday April 20, 2018 3:00 pm to 11 :00 pm • Saturday April 21, 2018 12:00 pm to 11 :00 pm • Sunday April 22, 2018 12:00 pm to 10 :00 pm Associate Planner Hernandez made note of an error shown on the staff report, reflecting the hours of operation on Sunday commencing at 2:00 pm instead of 12:00 pm as shown in the resolution. He reviewed the surrounding uses and zoning and presented an aerial view of site plan for the new location. The event has been in operation for seven (7) years, as a fund raising event previously held at Downey High School. Festivities include carnival rides, game booths and food sales. Conditions of approval are proposed to mitigate potential noise nuisance, to prohibit alcohol sales, and to prohibit live entertainment. This request was presented to the Development Review Committee (DRC); each department provided their standard conditions of approval. The Commissioners asked why they changed locations from Downey High School to Columbus High School. Associate Planner Alfonso Hernandez replied, the applicant informed him of the burden placed on them by the conditions of approval from previous years. Specifically, having to close down Marbel Ave. and provide extra police officers at that location. Access through residential streets is not possible at the new site; therefore, the conditions are not applicable to the new site. Applicant Cindy Flores, representing Downey High School Football Boosters explained there was an issue with parking that occurred at Downey High School during the event; moving the carnival to Columbus High School would allow them to meet all of their parking needs on site and eliminate the issue. Disclosures: None. Correspondence: Phone conversations in favor of the event. Public Comments: None. Vice Chairman Dominguez closed the public hearing. The Commissioners spoke in favor of the event. It was moved by Commissioner Flores, seconded by Commissioner Duarte, and passed by a 3-0-2 vote, with Chairman Owens and Commissioner Frometa absent, to adopt Resolution 18-3049, thereby approving the request for a Special Event Permit (PLN-18-00035). 3. PLN-17-00103 ( Zone Text Amendment): Vice Chairman Dominguez opened the public hearing for the request for a Zone Text Amendment PLN-17-00103. Principal Planner Guillermo Arreola gave a PowerPoint presentation of the request to amend the Municipal Code to allow Accessory Dwelling Units (ADUs) within the City of Downey. This amendment will bring the City into compliance with current State regulations under Senate Bills (SB) 1069 and 229, and Assembly Bill (AB) 2299 and 494, governing the construction of ADUs. The City currently regulates “Second Unit Developments” (SUDs) within its zoning code under Section 9414. However, the new state laws rename “Second Unit Developments” as “Accessory Dwelling Units”; as well as further limit the City’s authority to regulate their construction and use. He reviewed the zoning maps reflecting the designated areas for ADUs. Vice Chairman Dominguez called for a break due to technical difficulties at 6:50 p.m. and called the meeting to order at 6:56 p.m. - 3 - Under the new state law, the City is able to designate areas where new ADU's are built. The conversion of existing space to an ADU will be allowed in any residential zone that is currently improved with a single- family dwelling unit. Inasmuch as the City has already defined Second Unit Development (SUD) areas on the zoning map, these areas will be re-designated as the ADU areas. Mr. Arreola noted that the conversion of existing space can occur in any zone; however, construction of attached or detached units can occur in specific areas. Vice Chairman Dominguez called for a break due to technical difficulties at 7:00 p.m. and the meeting was reconvened at 7:06 p.m. Principal Planner Arreola continued his presentation reviewing the current standards and proposed standards. To comply with new statutes, the City will allow existing space within a single-family residence or existing accessory structure to be converted to an ADU. For the purpose of the City's amended ADU ordinance, an existing residential space will be defined as one that has been legally permitted and received final building approval for over two years. The City may require that the property owner live on site, and also may prohibit short-term vacation rentals. The amendment was presented to the Development Review Committee at which time both the Fire and Police Departments expressed concern with access; the Public Works Department was concerned with impacts to the public streets; and the Building Department indicated that all new construction must comply with the Building Code. Mr. Arreola stated that the Planning Commission held a study session to review and discuss the proposed Accessory Dwelling Unit language on April 4, 2018. The Commissioners discussed with staff the historical details of the zoning code as it pertains to the existing areas for second unit developments, and the reuse of the zones for the new accessory dwelling unit areas. Correspondence: None Public Comments: None. Staff recommended the Planning Commission recommend that the City Council approve the Zone Text Amendment (PLN-17- 00103) to establish ADU regulations. Vice Chairman Dominguez closed the public hearing. PC Comments: Commissioner Flores advised the members of the audience that this item was presented to the Planning Commission at the April 4, 2018 meeting and thoroughly discussed at that time and found the resolution to be prepared well. It was moved by Commissioner Flores, seconded by Commissioner Duarte, and passed by a 3-0-2 vote, with Chairman Owens and Commissioner Frometa absent, to adopt Resolution 18-3050, thereby recommending the City Council approve the Zone Text Amendment (PLN-17- 00103) to establish ADU regulations. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: None. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director of Community Development Schindler invited the Planning Commissioners to attend: 1) A ribbon cutting ceremony for Giant RV, located at 11111 Florence Avenue, and 2) a Metro stakeholders meeting regarding the new light rail line, to have a station in the city. - 4 - ADJOURNMENT: Chairman Owens adjourned the meeting at 7:14 p.m., to Wednesday, May 2, 2018, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 16th day of May, 2018. Steven Dominguez, Vice 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 16th day of May, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission