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HomeMy WebLinkAbout2. Draft Minutes - 05-02-18DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MAY 2, 2018 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Owens called the May 2, 2018, Regular Meeting of the Planning Commission to order at 6:32 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 Patrick Owens, District 2, Chairman COMMISSIONERS ABSENT: Nolveris Frometa, District 5 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney David Blumenthal, City Planner Monica Esparza, Senior Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. CHANGES TO THE AGENDA: None. PRESENTATIONS: None. REPORT ON CITY COUNCIL: Director of Community Development Schindler reported the City Council received the second reading for the ordinance allowing a code amendment for private schools’ signs from K-12. Chairman Owens recused himself from PLN-17-00145 due to a conflict of interest and exited the Council Chambers at 6:40 p.m. PUBLIC HEARINGS: 1. PLN-17-00145 (Negative Declaration, General Plan Amendment and Zone Change): Vice Chairman Dominguez opened the public hearing for PLN-17-00145 and Ms. Cavanagh affirmed proof of publication. Senior Planner Monica Esparza presented the request to amend the General Plan Land Use Designation from Low-Density Residential to Low-Medium-Density Residential, and to rezone the properties located at 10221 Downey Avenue and 10303 Downey Avenue, currently zoned C-P (Professional Office) and R-3 (Multiple-Family Residential). Both lots are 18,000 sq. ft. in size, each improved with single-family homes built in 1952. Ms. Esparza reviewed surrounding zoning and the previous requests to rezone the properties beginning in 1959 to the current request. The most recent request to rezone the property from C-P to R-3 was denied by the Planning Commission on June 21, 2017. The applicant has returned with the current request to amend the General Plan Residential Land Use Designation for both properties to Low Medium Density Residential. - 2 - Senior Planner Esparza discussed the uses allowed under the current zoning and proposed zone changes. A zone change to R-2 would allow the applicant to continue providing multiple-family housing along Downey Avenue at a lower density than R-3. There is currently a Low Medium Density Residential Land Use Designation along the east side of Downey Avenue. At this time, the General Plan Land Use Designation for 10221 Downey Avenue allows the construction of a five story office building, and the R-3 allows for up to 19 units. If the request is granted, the applicant intends to merge the two lots and develop the site with an R-2, two-family residential development, which allows up to 14 units. The Commissioners discussed the allowable uses under the current zoning and proposed zoning with staff. Disclosures: None. Correspondence: Staff received one phone call and one letter in opposition of the project. Applicant Don Jervis, 10841 Paramount Blvd., Suite 203, Downey, reviewed the existing zoning that allows the construction of a five story office building and 19 units and the comments made at the previous hearing. Public Comments: Armando Herman spoke in opposition of the request due to density and parking issues. Daniel Jimenez, 10218 La Reina St., Downey, spoke in opposition due to current density causing heavily congested streets. He expressed concern that the development would only create more problems. Burt Solano, 10224 La Reina St., Downey, spoke in opposition due to concerns with privacy as subject site abuts his rear yard. He said the area is already very heavily congested and the development will add to the current parking issues. Alicia Gomez, 10230 La Reina St., spoke in opposition reiterating the comments of previous speakers and found it unfair to allow a zone change for the applicant and not all residents. Yehia Zakaria. 12126 Orizaba Ave., spoke in favor of the project. He stated he grew up in Downey and believes the project will improve the city by giving those who wish to raise their families in Downey, but cannot afford to purchase a home. Alvin Gomez, 10230 La Reina St., discussed the current issues with parking congestion, density and crime in the area. He suggested crime would increase with the addition of 14 units at the site. Applicant’s Rebuttal: Mr. Jervis stated he has been in real estate for 42 years and understands the neighbors not wanting the subject site to be developed as they have had the luxury of not having neighbors abutting their property for many years. However, it should be understood that the site would eventually be developed and not remain vacant. He explained that the design of the project will address the privacy of the neighbors to protect the neighbor’s privacy. Staff recommended the Planning Commission adopt a resolution to approve the request for a Negative Declaration, General Plan Amendment and Zone Change (PLN-17-00145). Vice Chairman Dominguez closed the public hearing. The Commissioners discussed the aspects of the previous hearing for this item and the applicant returning with a reduced proposed development to meet the public and Planning Commission’s suggestions and the history of parking issues on La Reina St. - 3 - It was moved by Commissioner Flores, seconded by Vice Chairman Dominguez, by a 2-1-1-1 vote, with Commissioner Duarte voting no, Chairman Owens abstaining and Commissioner Frometa absent, thereby directing staff to return to the next hearing with a resolution of denial. Chairman Owens re-entered the Council Chambers at 7:32 p.m. 2. PLN-17-00112 (Variance and Revision to a Conditional Use Permit): Chairman Owens opened the public hearing for the request for PLN-17-00112 and Ms. Cavanagh affirmed proof of publication. City Planner David Blumenthal gave a PowerPoint presentation of a request by Giant RV, to allow to the construction of an 8 (Eight) foot tall wrought iron fence along Florence Ave, and to display recreational vehicles next to the street frontage, on property located at 11111 Florence Avenue, zoned Florence Avenue/I-5 Specific Plan. He reviewed physical aspect of the current project and the previous approval by the Planning Commission to allow the operation of the dealership. He explained that the construction of the new I-5 Florence Avenue Bridge has created unanticipated impacts to Giant RV’s operation. The new bridge is taller and longer to accommodate the freeway widening, bringing the eastern half of the property up six feet below the street level of Florence Ave. The Commissioners discussed the current allowable height and location of the fence with staff. Staff recommended the Planning Commission adopt a resolution to approve the request for a Variance and Revision to a Conditional Use Permit (PLN-17- 00112). Disclosures: None. Correspondence: None. Applicant Frank Broody, representing Giant RV discussed the height and display of the RV’s, and the complications created by the bridge construction. The Commissioners discussed the layout of Giant RV’s other locations and their comparison to the Downey site with the applicant. Public Comments: Armando Herman discussed fees pertaining to public art. Applicant Rebuttal: None. The Commissioners spoke in favor of the project. Chairman Owens closed the public hearing. It was moved by Vice Chairman Dominguez, seconded by Commissioner Duarte, and passed by a 4-0-1 vote, with Commissioner Frometa absent, to adopt Resolution 18-3051, thereby approving a Variance and Revision to a Conditional Use Permit (PLN-17- 00112). 3. PLN-18-00016 (Negative Declaration and Zone Text Amendment): Chairman Owens opened the public hearing for the request for PLN-18-00016 and Ms. Cavanagh affirmed proof of publication. City Planner David Blumenthal gave a PowerPoint presentation of the request to approve a Negative Declaration and Zone Text Amendment to allow a Biomedical Overlay Zone. The intent is to encourage the growth of the biomedical industry within the city by adding uses to the current zoning. The proposed action will amend both the text of the Zoning Code to accommodate the new biomedical uses and the Zoning Map, which will include five (5) areas of the City to be within the new Biomedical Overlay Zone. The proposed overlay zoning not only includes medical offices and care facilities, but also includes all of the necessary - 4 - support industries (manufacturing, research and development, education, pharmaceutical, etc.). In order to capitalize on Downey’s centralized location in the region and the three existing hospitals, the Mayor and City Council have made it a goal to attract new biomedical businesses to the City. As such, City staff, by the direction of the City Council, enlisted the services of a professional planning consultant (Civic Solutions) to prepare a biomedical overlay zone. The Commissioners discussed the following with staff: • Requirements for the new uses by right and by Conditional Use Permit • The intent to induce high end investors to bring in the technology that would create high end jobs • Comments presented during the Study Session for a Biomedical Overlay Zone • The five areas which include Rancho Los Amigos, Downey PIH, Woodruff and Washburn, Kaiser, and Telegraph Road Staff recommended the Planning Commission adopt a resolution to recommend the City Council approve the request for a Negative Declaration and Zone Text Amendment (PLN-18-00016). Correspondence: Staff received approximately 24 phone calls from property owners inquiring as to the definition of biomedical uses, and the others were asking if the current uses would be taken away from existing businesses. Staff also received two written correspondence: 1) was included in the staff report, and the second was from the County Sanitation District, to make the city aware of biomedical uses possibly triggering different types of discharge permits from the county. Public Comments: William Dobson, 10411 Dolan Avenue, expressed concern that the new uses might require biohazard disposal, and commented on the Planning Commission’s professionalism. Armando Herman expressed his concern that the proposed zoning would change land uses and affect housing within the city. Tom Scott, Phlox Street, asked if the future plan is to redevelop the area. Director Schindler explained the plan is to provide an opportunity for a biomedical use there where it is currently not allowed, there are no plans to redevelop at this time. Arlene Vasquez, on behalf of a nonprofit agency that operates in the PIH area, asked if the Biomedical Overlay Zone would fall under Commercial Zoning, and if so, would their buildings located in the H-M and M-1 Zones be affected now or in the future. City Planner Blumenthal explained the base zoning will remain the same; anything that applies today will continue. He reiterated the city is adding additional uses to the existing zoning. Chairman Owens closed the public hearing. City Attorney Yvette Garcia gave the Commissioners guidance in making their recommendation to the City Council. It was moved by Vice Chairman Dominguez, seconded by Commissioner Flores, and passed by a 4-0-1 vote, with Commissioner Frometa absent, to adopt Resolution 18-3055, thereby recommending City Council adopt a Resolution to approve the request for a Zone Text Amendment (PLN-18-0025). NON-AGENDA PUBLIC COMMENTS: Armando Herman discussed his opposition of the actions of Los Angeles politicians. - 5 - CONSENT CALENDAR ITEMS: Commissioner Flores requested a list of business that serves alcohol within the Downtown Specific Plan; specifically the restaurants with bars. Director Schindler explained the process in obtaining the information and estimated completion to be approximately 30 days. Commissioner Dominguez asked if the businesses are automatically required to provide the information to the City. Director Schindler said the information is reported by request and reviewed the circumstances that would trigger this type of request. OTHER BUSINESS: None. STAFF MEMBER COMMENTS: Director of Community Development Schindler invited the Planning Commissioners and members of the audience, to attend a Community Meeting regarding the planned light rail train station for our Gardendale site. The meeting will be held at 7:00 p.m. on Tuesday, May 15, 2018, in the City of Downey Council Chambers. ADJOURNMENT: Chairman Owens adjourned the meeting at 8:55 p.m., to Wednesday, May 16, 2018, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 16th day of May, 2018. Patrick Owens, 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