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HomeMy WebLinkAbout5. Draft PC Minutes - 02-06-19DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, FEBRUARY 6, 2019 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Dominguez called the February 6, 2019, 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: Steven Dominguez, District 3, Chair Dimitrios Spathopoulos, District 4 Nolveris Frometa, District 5 Miguel Duarte, District 1, Vice Chair Patrick Owens, District 2 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 Alfonso Hernandez, Associate Planner Madalyn Welch, Assistant Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: Chair Dominguez made a request for education to assist the Commissioners in reviewing items. Director of Community Development Aldo Schindler stated staff will advise them of what is available. PRESENTATIONS: 1. Resolution of Appreciation for Matias Flores (Resolution No. 19-3081) The Commissioners gave Mr. Flores their thanks for the time and work he put into the Planning Commission, and for his guidance on how to view items that were being presented. They commented on his being a great role model and mentor, and having a great reputation. Mr. Flores thanked his fellow Commissioners, City Attorney Garcia and Staff for their support. He stated it was a pleasure serving with the Commissioners. It was moved by Commissioner Owens, seconded by Commissioner Frometa, and passed by a 5-0 vote, to adopt Resolution No. 19-3081, thereby approving Resolution of Appreciation for Matias Flores. 2. Wireless Communications Facilities Regulations Gail Karish with Best Best and Krieger gave a PowerPoint presentation of the current W ireless Regulations, differing types of Wireless Facilities and terminology. Ms. Karish reviewed the new Federal Laws and the impact on local authority which preempts local discretionary approval of modifications. Wireless towers cannot be prohibited without substantial evidence in writing, and cannot be regulated based on concerns with Planning Commission Draft Minutes February 6, 2019 - 2 - environmental effects. Ms. Garish reviewed the time limitations of the approval process which must be provided within 90 days for add-on and 150 days for new tower construction. The Commissioners inquired as to spacing requirements; the city’s ability to direct carriers in the locations and type of towers used; potential impact on property values; equipment weight limitations; do other cities have ordinances in place can be used as a guideline. Ms. Karish explained, the spacing requirement would be within the city’s plan and warned of legalities should a carrier believe the City is prohibiting them from installing effective equipment. City Attorney Garcia stated the City is currently working on the requirements that will go into effect in April. Ms. Karish informed the Commission of cities having had success in denying requests have very clear aesthetics standards that cannot be met by the carrier; impact to property values would not be a viable reason for denial. The City has the most authority in regulating carriers as more towers are added to a city, and may also submit a request for an accumulative RF impact Report. Director Schindler advised the Commission that the can look in to adding it as a Code Amendment. In terms of pole safety, regulations are in place that must be used to determine the safety of a pole and/or if it needs to be replaced. As to using other cities as a guideline, although there are a lot of similarities, every city has its own unique requirements. The local area networks must meet FCC standards, even if they are not presented in the reports provided to the city. CHANGES TO THE AGENDA: None. REPORT ON CITY COUNCIL ACTION: None. PUBLIC HEARINGS: 3. PLN-18-00033 (Planned Sign Program Modification): Chair Dominguez opened the public hearing for PLN-18-00033 and Ms. Cavanagh affirmed proof of publication. Assistant Planner Madalyn Welch presented the request to modify an existing Planned Sign Program at a multi-tenant commercial building (Gardendale Center), on property located at 13101-13113 Lakewood Boulevard and zoned C-2 (General Commercial). The proposal includes one (1) illuminated, channel letter wall sign centered on each tenant space, and kiosk. Secondary wall signs will be allowed at the corner spaces and kiosk. Ms. Welch reviewed the design and size of the proposed signs, the parking area and surrounding uses. The Commissioners inquired as to whether each individual sign will have a height difference, the location of the secondary signs for the corner spaces and kiosk, and the operation/purpose of the clock tower. Director Schindler explained that the goal of the Sign Program is uniformity subject to national logos. City Planner David Blumenthal explained that the clock tower is a cell tower and the clock should be accurate. Disclosures: Commissioner Owens stated he uses the key shop in the center. Applicants: Scott Lane, Building owner/manager, together with Designer Alexis Estrada, AB Neon Signs, were present to address any questions the Commissioners may have, and thanked everyone for their assistance with the project. Mr. Lane said their intent is to upgrade the center as well as beautify the corner and he will make sure that the clock on the tower will be corrected. Correspondence: None. Public Comment: None. Staff gave recommendation to adopt Resolution No. 19-3080 approving Planned Sign Program Modification (PLN-18-000033). Planning Commission Draft Minutes February 6, 2019 - 3 - Chair Dominguez closed the public hearing. The Commissioners spoke in favor of the request. It was moved by Commissioner Owens, seconded by Commissioner Frometa, and passed by a 5-0 vote, to adopt Resolution No. 19-3080, thereby approving the Planned Sign Program Modification (PLN- 18-00033). Chair Dominguez called for a break at 8:02 p.m. and the meeting was reconvened at 8:07 p.m. 4. PLN-19-00005 (Amendment to Development Agreement): Chair Dominguez opened the public hearing for PLN-19-00005 and Ms. Cavanagh affirmed proof of publication. Director of Community Development Schindler presented the request for a second amendment to the Tierra Luna (aka The Promenade at Downey) Development Agreement. The request is for a ten-year extension of the existing development agreement to ensure the remaining 21 acres are developed in the best way suited for the community, and must also incorporate the adaptive reuse of the historic NASA and Vultee buildings that front Lakewood Boulevard. Kaiser is currently using a section of the site for parking while construction is taking place at their facility and has expressed interest in a section of the land. The City has been in partnership with the land owner since 2003 and looks forward to a long partnership in the future. Commissioner Frometa abstained from comments due to his employment at Kaiser Permanente. The Commissioners inquired as to who owns and maintains the property; what is the delay in developing the land; and the potential restrictions with the use/leasing of the historic NASA and Vultee buildings on the site. Director Schindler stated the lessee is responsible for maintaining the land and staff will make sure they follow through with the upkeep. The developer and former owner of the Promenade, PCCP IRG Downey, LLC and IRG Downey, LLC sold the property to US VI Downey, LLC on September 21, 2018 and entered into an Operating Agreement with the new owner to cooperatively develop the remaining 21 acres of vacant land adjacent to the Promenade fronting Bellflower Boulevard. The former owner currently leases the remaining 21 acres adjacent to the Promenade from the City of Downey and wishes to start the conceptual site plan, design, marketing, and land assembly of the vacant 21 acres to compliment the Promenade. The development agreement provides for the build-out of the adjacent 21 acres and the adaptive reuse of the former NASA and Vultee buildings that front onto Lakewood Boulevard. The city has been interested in retaining the historical context of the NASA and Vultee buildings and providing an end use that could serve the community and compliment the center. The operating agreement entered into between the new and former owners allows them to work cooperatively in the future build out of the entire Promenade area. Currently, the development agreement is set to expire on March 14, 2019; a time extension will also allow the City to work with the new and former owners on the final conceptual development plans for the total combined site. Disclosures: None. Applicant: Jeffrey Cook, 15 Via Picato, San Clemente, CA 92673 said they are proud of what they have done with the Promenade and have since sold the Promenade. Mr. Cook’s company currently leases the remaining 21 acres from the City of Downey with 53 years remaining on the lease. Chair Dominguez asked if they have concrete plans to develop the site and what had taken place over the last 16 years to delay the development of the site. Mr. Cook explained they are currently in the process of finding tenants. The down turn of the economy in 2007 greatly impacted the progress of the development. Mr. Cook explained they emerged from the recession in 2010 and modified the development agreement that was finally approved in 2012. Upon approval of the agreement, they began demolition and encountered environmental issue(s) from the previous use at the site. These issues, together with the W ater Board Planning Commission Draft Minutes February 6, 2019 - 4 - approval took an additional two years; during this time they focused on developing the remaining 60 acres. The Commissioners asked how they find their tenants; how many acres will the hotel occupy; what is Kaiser proposing to do with the land and what will happen if Kaiser does not use the land. Mr. Cook said they have a retail broker to find tenants and the hotel site would occupy (3) three acres. They are currently talking with Kaiser, but they are very slow moving and have not advised them of how they would like to use the land. The remaining 18 acres are zoned for medical office and retail uses and there is a strong pull for medical office use due to the proximity of Kaiser; they also offer retail pad sites and are currently in negotiations with several tenants. Chair Dominguez and Commissioner Owens expressed their discontent with the way the first 60 acres were developed. Correspondence: None. Public Comment: None. Staff gave recommendation to approve the second amendment to the development agreement. City Attorney Garcia clarified, the decision of the Planning Commission is to make a recommendation to the City Council to approve the second amendment. The Commissioners found a ten year extension to be too long and would support a five year extension of the development agreement. It was moved by Commissioner, seconded by Commissioner Owens, and passed by a 4-0-1 vote, with Commissioner Frometa abstaining, to adopt Resolution No. 19-3082 thereby recommending approval to the City Council with the recommended amendment as stated. NON-AGENDA PUBLIC COMMENTS: None. CONSENT CALENDAR ITEMS: 5. Approval of the Minutes from October 3, 2018 It was moved by Commissioner Owens, seconded by Vice Chair Duarte, and passed by a 4-0-1 vote, with Commissioner Spathopoulos abstaining, to approve the Minutes from the October 3, 2018, meeting. 6. PLN-19-00012 (General Plan Consistency) The City of Downey has received an unsolicited offer to purchase and redevelop commercial property located at the southwest corner of Imperial Hwy and Lakewood Blvd, which includes the City-owned parcel on the northeast corner of the site. Prior to selling the property, Government Code 65402(a) requires the Planning Commission find that the sale of the property is consistent with the General Plan. Commissioner Owens inquired as to why the City Parkway portion of the site is being sold. Director Schindler said Public Works is going to use some of the space to improve the turn lanes and the remaining space can be sold to the developer. The plans are to demolish two of the existing buildings and construct a new fast food restaurant. The applicants are currently in the submittal process seeking approval of the sale for the future use. Staff finds that the project complies with the Zoning Code. It was moved by Commissioner Owens, seconded by Vice Chair Duarte, and passed by a 5-0 vote, to approve the General Plan Consistency (PLN-19-00012). OTHER BUSINESS: Planning Commission Draft Minutes February 6, 2019 - 5 - The Commissioners discussed window display violations at the Mosaik Hookah Lounge; gave thanks to staff for a quick response to concerns regarding additional stop sign(s) at a Starbucks drive-thru and removal of a satellite dish on the rooftop of the historic McDonald’s location on Florence Avenue; they encouraged each other to attend an upcoming Planning Commission Conference with the objective to make 2019 an educational year. STAFF MEMBER COMMENTS: Director Schindler reported on the Scoping Meeting held on January 25, 2019 at the Barbara J. Riley Center regarding the Santa Ana Branch future light rail station that will be located on the southern portion of the Ranch Los Amigos site. Comments were received from those in attendance and entered into the record for the CEQA Environment Impact Report. ADJOURNMENT: Chair Dominguez adjourned the meeting at 9:20 p.m., to Wednesday, February 20, 2019, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 21st day of August, 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 21st day of August, 2019, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission