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Home My WebLink About6. Draft Minutes 07-15-2020 DRAFT MINUTES DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JULY 15, 2020 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Duarte called the July 15, 2020, Regular Meeting of the Planning Commission to order at 6:35p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Secretary Cavanagh called roll. COMMISSIONERS PRESENT: Steven Dominguez, District 3 Patrick Owens, District 2 Dimitrios Spathopoulos, District 4 Nolveris Frometa, District 5, Vice Chair Miguel Duarte, District 1, Chair COMMISSIONERS ABSENT: None OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich Garcia, City Attorney Crystal Landavazo, City Planner Guillermo Arreola, Principal Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo reported the City Council approved: 1) a Zone Change to allow the construction of a medical office building at 9432 Telegraph Road, 2) reduced public speaking time from 5 minutes to 3 minutes to mirror that of the City Council, and 3) the Council received the Downtown Parking Study. PUBLIC HEARINGS: 1. PLN-20-00042 (Zone Code Amendment): Chair Duarte opened the public hearing for PLN-20- 00042 and Ms. Cavanagh affirmed proof of publication. City Planner Crystal Landavazo presented the request for a Zone Code Amendment of the Downey Municipal Code (DMC), to allow electrified fencing in manufacturing zones throughout the City. The applicant is seeking the Code Amendment to introduce installation standards that were adopted by the California Assembly Bill (SB) 582; however, the State bill did not require that all cities allow electrified security fencing. The current DMC explicitly prohibits the installation of electrified fencing, but allows barbed wire on a limited basis for security or safety purposes in the M-1 and M-2 Zones if not visible from any public right-of-way, subject to the approval of Site Plan Review. City Planner Landavazo informed the Commission, the request is for two fences; fencing would be required in front of the electrified fencing with significant signage to warn the public of potential danger, and the electrified security fencing would surround the perimeter of a property at 10 feet in height. Draft Planning Commission July 15, 2020 Minutes - 2 - Electrified security fencing requires visibility and significant signage as a safety precaution to warn the public of the danger from the electric fencing. City Planner Landavazo stated that safety is an important element of the general plan and reiterated that the code already provides provisions for crime prevention that are consistent with all elements of the general plan. She emphasized the existing regulations require appropriate screening and review from the Planning Commission; approving the amendment would remove the Planning Commission from this process and limits the ability to apply screening. City Planner Landavazo explained that the Planning Division spent a significant amount of time with applicants to improve the aesthetics and use of materials on projects throughout the City to achieve the General Plan goal of creating a welcoming community. She presented renderings representative of the quality and standards that are being set throughout all areas of the City. The proposed amendment in Staff’s opinion would create a stark contrast to these efforts. She further stated that if approved, United Rentals, a business located at 9606 Firestone Boulevard, would be the first to seek installation of electrified security fencing. As the primary concern for this request is safety, Staff requested calls for service from the Downey Police Department for all manufacturing type uses within the manufacturing zones for the last five years. As part of this analysis, 135 businesses were evaluated, of which 47 addresses showed calls for theft or burglary for the (5) five year period. United Rentals showed (1) one call for larceny in 2015 and (1) one in 2016, with (0) zero calls for service for theft, larceny or burglary in 2017, 2018, 2019 and (7) seven calls for larceny in 2020. The Development Review Committee (DRC) reviewed the proposed amendment and identified concerns over the proximity of electrified security fencing into public right-of-ways, and the need for signage to ensure public and officer safety as well as maintenance concerns. The Fire Department noted a potential hazard could result from the accumulation of combustible waste and vegetation near the electrified fencing. Therefore, Staff requests the Planning Commission approve the resolution recommending the City Council deny the request for a Zone Code Amendment PLN-20-00042. The Commissioners discussed the following with Staff: • The Code Amendment would be citywide and change the language of the current code • Different avenues and items built into the code that can be explored with an applicant • Other type of security systems set in place that can be set in place other than electric fencing • The calls for service Applicant Keith Kaneko, Amarok LLC, presented request to allow electric security fencing in the City. He provided a PowerPoint presentation and discussed the General Plan’s Security Element. He discussed the importance of security. He considered the element of security and crime prevention to be foundational and more as it supports the businesses and community as a whole. He reviewed the various systems his company offers for robbery, deterrence, detection and deployment. He stated the electrified fence portion protects businesses with an outdoor yard from criminals who cut into a fence, steal equipment, and are gone before Police arrive. He concluded, the increase in crime is due to the pandemic which is causing commercial burglary to increase in every city and businesses are suffering. He stated the system is OSHA compliant in safety and effectiveness, powered by a 12 volt battery and solar power, with an emergency shut off. He presented photos of existing clients’ electric fencing. He considered the signage for electric fencing is itself a deterrent and confirmed the electric fence will be behind the perimeter fence meaning thieves have to trespass and in doing so will come into contact with the electric fence and receive a small shock. The Commissioners thanked the applicant for his presentation and discussed the following with the applicant: • The number of amps used • Lack of information regarding biomedical effects • Questions about causing a heart to stop Draft Planning Commission July 15, 2020 Minutes - 3 - • The increased calls for service • Size of the warning signs • Locations of existing installations. PUBLIC COMMENTS: None The Commissioners discussed the need for security and concluded there are other methods to be explored; as such, they supported Staff in recommending the City Council deny the request for a Zone Code Amendment. It was moved by Commissioner Dominguez, seconded by Commissioner Owens, and passed by a 5-0 vote, to recommend the City Council deny the request for a Zone Code Amendment PLN-20-00042. NON-AGENDA PUBLIC COMMENTS: None CONSENT CALENDAR ITEMS: None OTHER BUSINESS: None STAFF MEMBER COMMENTS: Commissioner Spathopoulos asked if there is a time limit on presentations. Director Schindler stated there are no time restrictions for the applicants’ presentations; the applicant is vested in their project and thus allowed to present their side. City Attorney Garcia agreed and added, should the presentation become repetitive or redundant, the Chair has the discretion to step in and move the applicant along in the presentation. Director Schindler informed the Commission, in spite of the pandemic and the challenges we are all facing, the City has some fun public art that will be installed in the downtown in the near future. The City Council approved a public art plaza located on the southwest corner of Downey Avenue and 2nd Street, adjacent to the Porto’s parking lot, in the landscaped area. One of the trees and some landscaping will be removed, and replaced with outdoor furniture and a public art piece to allow people to gather on that corner and help to stimulate that area. There are two (2) other art pieces to be installed in the downtown area, one on the corner of 4th Street and Downey Avenue, and the other will be installed on Downey Avenue in front of the Hall of Fame Deli. Commissioner Owens informed Staff of a group of that gathers regularly at the southwest corner of 2nd Street to smoke cigars; he said its blight and he is hoping the enhancement will deter the smokers from gathering there. ADJOURNMENT: Chair Duarte adjourned the meeting at 7:53 p.m., to Wednesday, August 5, 2020, at 6:30p.m., at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this ___ day of _______, 2021. Miguel Duarte, Chair City Planning Commission Draft Planning Commission July 15, 2020 Minutes - 4 - I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on this ___ day of _______, 2021, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission