HomeMy WebLinkAbout3. Draft PC Minutes - 04-04-18DRAFT MINUTES
REGULAR MEETING
DOWNEY CITY PLANNING COMMISSION
WEDNESDAY, APRIL 4, 2018
CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE
DOWNEY, CALIFORNIA
6:30 P.M.
Chair Owens called the April 4, 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
Nolveris Frometa, District 5
Steven Dominguez, District 3, Vice Chair
Patrick Owens, District 2, Chair
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, Senior Planner
Alfonso Hernandez, Associate Planner
Mary Cavanagh, Secretary
PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND
CONFERENCE/MEETING REPORTS: Chair Owens announced the newest member of the Planning
Commission, Nolveris Frometa and asked him to introduce himself. Commissioner Frometa gave a brief
introduction; he is married with four children; employed by Kaiser Permanente as a Director of Facilities; and
also has a degree in Biomedical.
CHANGES TO THE AGENDA: Director of Community Development Aldo Schindler advised the Commission
of a change in the agenda in that the public hearings would be heard before the presentations.
PUBLIC HEARINGS:
1. PLN-17-00202 (Conditional Use Permit): Chair Owens opened the public hearing for PLN-17-00202 and
Ms. Cavanagh affirmed proof of publication.
Senior Planner Monica Esparza presented the request to operate a new gym/fitness center, on property
located at 8315 Firestone Boulevard and zoned DDSP (Downtown Downey – Firestone District). Ms. Esparza
reviewed the surrounding uses, zoning and floor plan for the subject site. The subject site is improved with a
7,496 square foot building and has 15 parking spaces to the west and north of the building. There are two
tenant spaces; the first of which is a 1,716 square foot space currently occupied by a barber shop. The
proposed fitness center will utilize the remaining 5,780 square feet of space, offering high intensity interval
training. The proposed hours of operations are 4:00 a.m. to 9:00 p.m., Monday through Friday, and 7:00 a.m.
to 6:00 p.m. on Saturday and Sunday. Members will only enter through the door on Firestone. The average
class size will be 20 people. To mitigate noise impacts to the adjacent apartments, Condition No. 7 states the
side and rear doors must remain closed. Condition No. 12 requires a sign in the parking area to be respectful
of the nearby residents. The layout of the floor plan will also help mitigate noise. The proposal was presented
to the Development Review Committee, at which time the Police Department and Planning Division
Draft Planning Commission
Minutes April 04, 2018
- 2 -
expressed concerns regarding the use of the sidewalk and parking lot as part of the classes, which was
addressed in Condition No. 10 that requires all activities must remain indoors. All other departments placed
standard conditions of approval.
Disclosures: None
Applicant Roberto Hernandez together with Architect Firas Jamal had no further information to add.
Vice Chair Dominguez asked for clarification of their training procedures, potential noise issues, and if they
have other locations. Mr. Hernandez explained, they offer group training workouts with 10 workstations, a
boot camp type trainer (without the aggressive yelling), and music that will be played with all of the doors shut.
They have other locations in Bell and Montebello.
Chair Owens asked about the 4:00 a.m. start time popularity. Mr. Hernandez said it is one of the most popular
times.
Correspondence: None.
Public Comment: None.
Staff gave recommendation to approve the request for a Conditional Use Permit (PLN-17-00202).
The Commissioners spoke in favor of the project.
It was moved by Vice Chair Dominguez, seconded by Commissioner Duarte, and passed by a 5-0 vote, to
adopt Resolution 18-3038, thereby approving the request for a Conditional Use Permit (PLN-17-00202).
PRESENTATIONS:
2. ADU Zone Text Amendment: Director of Community Development Aldo Schindler gave a brief
introduction of the request for a Zone Text Amendment regarding Accessory Dwelling Units (ADUs).
Principal Planner Guillermo Arreola gave a PowerPoint presentation of the new State laws concerning ADUs
and the areas where a new ADU may be constructed. He explained that an ADU is a detached or attached
independent dwelling unit that includes living, sleeping, kitchen and sanitation facilities on the same parcel as
the principal dwelling unit.
The State law has changed two times thus far, and more changes are anticipated within the next two years. At
this time, the State law requires the conversion of existing space to any residential zone with a single dwelling
unit. Additionally, the property owner must reside in one of the units; have no separate addresses; only a unit
number or letter may be permitted; no separate utilities; and minimum rental terms of 30 days. The minimum
size requirement of an ADU is 220 square feet and maximum is 850 square feet and must be approved by
both the Planning and Building Departments. The 850 square feet is based on a two-bedroom unit with
required washer and dryer connections. The State requires one parking space per bedroom or unit,
whichever is less. The City of Downey will require parking based on total enclosed spaced and will be treated
like an addition to the home. Staff is proposing to change the Development Standards for parking, in order to
protect impacted and narrow streets.
Commissioner Flores asked about the lot size requirements and how parking is determined. Principal Planner
Arreola explained that the State is making it a requirement that any lot can have an ADU if it is part of an
existing space. The City of Downey would only allow construction of a new ADU to be built with a new home
in specific areas, and the remainder of the City in any residential zone is allowed to convert existing space
that is developed with a single family dwelling unit. The number of parking spaces required will be determined
by the total footage of the enclosed space. Director Schindler added that a two-car garage can no longer be a
Draft Planning Commission
Minutes April 04, 2018
- 3 -
requirement per dwelling; they will have to determine the parking based on the total enclosed space.
Vice Chair Dominguez asked if it is the State’s intent is to add more affordable housing?
Director Schindler replied, the State’s intent was to be creative in coming up with more housing at all income
levels. Priority right now is for more affordable housing and discussed potential issues with new laws that the
State will come up with in the future. For example, the 15 bills that were just approved erode local control on
housing production; however, they do anticipate the State will want to increase the number of housing units
for the city.
Chair Owens asked about the language of the proposal. Director Schindler said the language of this proposal
will protect the city. City Planner Blumenthal added that this is not a policy issue; an ordinance needs to be
crafted and adopted. He warned, if the moratorium expires, Downey will fall under the State regulation and
have no control.
Commissioner Frometa asked about preventing ADUs from becoming short-term rentals. Director Schindler
stated the Code Enforcement Division would enforce the codes but do not go door-to-door; it is the neighbors
who notice something is not right and report the violators.
Vice Chair Dominguez asked about the garage requirement. Principal Planner Arreola stated that a house
requires a garage; if the garage is converted, a new garage will have to be built.
Chair Owens asked about the policing action of the future developments. Director Schindler said that Code
Enforcement is a function of the division; they will catch potential violators when they apply for a permit.
Correspondence: Staff received one email from Jennifer Garcia today at 1:55 p.m., regarding ADU garage
conversions, stating the Planning Division has a misinterpretation of the law regarding ADUs. She stated
other cities have amended the codes to proposed statutes; three cities have already addressed the issue and
all three cities denied the claim.
Public Comment: Sergio Amaro, a teacher, said he has seen a trend where families are not just leaving cities
but leaving the state all together and he feels it is due to affordable housing. Mr. Amaro said Downey might
need to look at this trend.
Chair Owens asked when the moratorium expires. Principal Planner Arreola advised the Commission the
expiration date is May 23, 2018, with an option to extend for another year; however, staff does not
recommend extending.
Chair Owens closed the discussion.
Director Schindler advised the Commission that the action is to receive and file the presentation. Staff will
return at a later date with a follow up report to present to the Commission.
The Planning Commission received and filed the ADU Zone Text Amendment presentation.
3. Biomedical Zone Text Amendment: A Zone Text Amendment to amend the Municipal Code regarding
the Biomedical Overlay Zone. Secretary Cavanagh affirmed proof of publication.
Commissioner Frometa recused himself from this presentation due to the proximity of his employment to the
proposed Biomedical Zone, and exited the Council Chambers.
Director of Community Development Schindler stated the City Council wants to leverage assets as best they
can to attract higher paying medical jobs. The best way to hand the existing assets is to overlay the zones so
medial use can come into the city. The following presentation is for the Planning Commission to provide
feedback before Staff presents the final recommendation.
Draft Planning Commission
Minutes April 04, 2018
- 4 -
Mary Wright, Vice President with Civic Solutions, gave a PowerPoint presentation of the proposal to amend
the Municipal Code to allow new overlay zoning to retain and attract biomedical uses. She briefly reviewed
the he first (3) three phases presented to the Planning Commission last year, and introduced Jeff Hook, Adam
Atamian and Vincent Nguyen to present the Phase 4 findings.
Jeff Hook, Principal Planner with Civic Solutions, added recommendations based on 16 case studies of cities
with active biomedical programs and interviews with 11 biomedical industry stake holders. The first
recommendation is to create a new Biomedical Overlay Zone. Second, revise sections of zoning regulations
for Commercial and Manufacturing Zones. Next, amend the development standards of Commercial Zone
sections; followed by amending the Zoning Map by applying the biomedical overlay. Last, update the zoning
ordinance definitions that are currently out of date for biomedical type uses. The Biomedical Overlay Zone
should be applied to commercial, manufacturing and limited other zones to promote biomedical uses with
minimal change to base zoning. The Biomedical Overlay Zone is only a part of the picture and it will attract
biomedical investment capital and skilled labor. The H-M (Hospital-Medical Arts) Zone should be retained and
amended from office use to general commercial use, to allow for a wider range of biomedical uses. The
Biomedical Overlay Zone will attract a broad range of medical fields, including research, medical services,
medical analysis and manufacturing. The recommendations include changes to (5) five areas of the Zoning
Map to include the Biomedical Overlay Zone.
Adam Atamian, Senior Planner with Civic Solutions, discussed the biomedical terms, adopting Municipal
Code, Section 9326 Biomedical Overlay Zone, Intent and Purpose, and Applicability. Downey would also have
to revise the intent and purpose of the Commercial and Manufacturing Zones to broaden the range. The (5)
five areas of the city that apply to the Biomedical Overlay Zones are generally Commercial or Manufacturing
Zones in proximity to recognized medical facilities or institutions, access to major transportation, and sites that
have low opportunity cost to redevelop. They also looked for campus-style capacity and existing high level of
infrastructure and utilities services. The first area is the Rancho Los Amigos site with two adjacent parcels.
The second area is towards the center of the city around the PIH Hospital property. The third area is on the
east side of town that borders the San Gabriel River, and is mostly a Manufacturing Zone. The fourth area
includes area around the Kaiser Medical Center. The fifth area is primarily on Lakewood Boulevard and
Telegraph Road, including a section southeast of the intersection zoned C-2 (General Commercial).
Vice Chair Dominguez stated, as far as terminology, biomedical is a good term. However, there are other
terms out there such as telemedicine and biotechnology. He said they need to identify it and say it’s a priority
for the city, so it will attract others looking for the same. Additionally, Artificial Intelligence is an upcoming
technology in the medical field. Downey needs to determine if they want to be a follower or be the leader in
one or two focal areas in the advanced medical fields.
Commissioner Duarte asked about the need to update the definitions. City Planner Blumenthal and Director
Schindler expressed that the definitions will make them current with the new technology.
Chair Owens said he is excited by the presentation. Downey has an opportunity that is endless and puts them
in the forefront of the medical industry.
Commissioner Flores senses Downey is already a place for the biomedical industry. He asked how much real
estate or areas have the other cities that are ahead of them dedicated to the biomedical industry.
Mr. Atamian said they did not review every city for that information. Based on a general survey, they used an
ambitious goal of twenty-five percent.
Commissioner Flores said there is a whole range of jobs in the biomedical industry that are very good and
provide good benefits, and Downey is well on its way to intensify this for the city.
Draft Planning Commission
Minutes April 04, 2018
- 5 -
Vice Chair Dominguez commented that the other cities that were mentioned had open land and were able to
preplan the space for biomedical, whereas Downey is landlocked. They will have to sit down and figure out
how everything really fits and how to get there in five to ten years. Director Schindler agreed and stated that
the overlay is a good starting point. The hindrance is that we do not own a lot of land; with the new overlay
zoning, property owners will see the benefit of the real estate use and the market will start to stimulate the
growth. It’s important to not give the feeling of eliminating use but adding to it. Downey is addressing this by
layering the zones to push the market by providing the option and attracting biomedical facilities to these
properties.
Public Comments: None
Chair Owens thanked Civic Solutions and Staff for an excellent presentation.
Director Schindler advised the Commission that staff will take the Commissioners comments into
consideration and return at a later date with a request for a Zone Text Amendment.
Chair Owens closed the discussion.
The Planning Commission received and filed the Biomedical Zone Text Amendment presentation.
NON-AGENDA PUBLIC COMMENTS: None.
CONSENT CALENDAR ITEMS:
4. PLN-18-00026 (Final Parcel Map 73791) 11434-11444 Downey Avenue
5. Approval of the Minutes from October 18, 2017
6. Approval of the Minutes from March 7, 2018
It was moved by Commissioner Flores, seconded by Vice Chair Dominguez, and passed by a 4-0-1 vote, with
Commissioner Frometa absent, to approve the Consent Calendar.
OTHER BUSINESS: None.
STAFF MEMBER COMMENTS: Director of Community Development Aldo Schindler introduced the new staff
member, Associate Planner Alfonso Hernandez.
Director Schindler discussed the City Council’s recent approval to contract with the Downey Historical Society
to research the possible branding of other neighborhoods within the city that had similar characteristics to
those of the Orange Estates. Staff will work with the Downey Historical Society and provide a report to City
Council, who will then decide if they will move forward in branding said areas.
Chair Owens inquired as to how the “Orange Estates” name became associated with the area. Director
Schindler said the community members approached City Council and with an approximate cost of $68,000.
ADJOURNMENT: Chair Owens adjourned the meeting at 8:46 p.m., to Wednesday, April 18, 2018, at
6:30p.m. at Downey City Hall, 11111 Brookshire Ave.
Draft Planning Commission
Minutes April 04, 2018
- 6 -
APPROVED AND ADOPTED this 6th day of March, 2019.
Steven Dominguez, Chair
City Planning Commission
I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning
Commission held on this 6th day of March, 2019, by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission