HomeMy WebLinkAboutPC Minutes - 07-15-20MINUTES
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.
Planning Commission
July 15, 2020 Minutes
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
-2-
Planning Commission
July 15, 2020 Minutes
• 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 0 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 3rd day of February, 2021.
MiguelPOrte, chair
City Planning Commission
-3-
Planning Commission
July 15, 2020 Minutes
I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the
Planning Commission held on this 3rd day of February, 2021, by the following vote:
AYES:
COMMISSIONERS:
Duarte, Owens and Spathopoulos
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Montoya and Ortiz
Mary fnning
nagh, Secr t ry
City 6Commission
-4-