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HomeMy WebLinkAbout1. 5-3-23 PC Minutes MINUTES DOWNEY CITY PLANNING COMMISSION WEDNESDAY, MAY 3, 2023 CITY COUNCIL CHAMBERS, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chair Ortiz called the May 3, 2023, Regular Meeting of the Planning Commission to order at 6:36 p.m., at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the flag salute, Associate Planner Anaya called roll. COMMISSIONERS PRESENT: Horacio Ortiz, Jr., District 5, Chair Miguel Duarte, District 1 Maria A. Guerra, District 2 COMMISSIONERS ABSENT: Carmela Uva, District 4, Vice Chair (excused) OTHERS PRESENT: Gregory Pfost, Interim Director of Community Development Melissa Crosthwaite, Interim Assistant City Attorney Art Bashmakian, Interim City Planner Gerardo Marquez, Senior Planner Irving Anaya, Associate Planner Abraham Luna, Assistant Planner The Pledge of Allegiance was led by Commissioner Duarte. PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None. REPORT ON CITY COUNCIL ACTIONS: None. PRESENTATIONS: None. NON-AGENDA PUBLIC COMMENTS: Speaker, no name provided, commented that he was concerned about the lack of a posted Brown Act presentation this evening, no wall yet built on Meldar, as well as speakers not being on camera. Speaker, no name provided, commented that he is concerned about the lack of a posted Brown Act presentation, as well as speakers not being on camera. No correspondence received. CONSENT CALENDAR ITEMS: None. OTHER BUSINESS: None. PUBLIC HEARINGS: 1. PLN-22-00092 (Conditional Use Permit): Chair Ortiz opened the public hearing for PLN-22- 00092, and Associate Planner Anaya affirmed proof of publication. Chair Duarte stated that this item will be continued to date certain of May 17, 2023. Planning Commission May 3, 2023 Minutes - 2 - It was moved by Commissioner Duarte, seconded by Commissioner Guerra, and passed with a 3-0-1 vote, with Vice Chair Uva absent, to continue PLN-22-00092 to date certain of May 17, 2023. 2. PLN-22-00155 Accessory Dwelling Unit Ordinance (Zone Text Amendment): Chair Ortiz opened the public hearing for Accessory Dwelling Unit Ordinance (Zone Text Amendment), and Associate Planner Anaya affirmed proof of publication. Interim Community Development Director Pfost introduced Interim City Planner Art Bashmakian to present this item. Interim City Planner Bashmakian gave a PowerPoint presentation for the Zone Text Amendment to Update Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) Regulations. Upon completion of the presentation, Interim City Planner Bashmakian stated that after conducting a public hearing, the recommendation is to adopt the attached resolution recommending that the City Council approve the Zone Text Amendment to the various sections of Article IX (Land Use) of the Municipal Code regarding Accessory Dwelling Units. Commissioner Guerra expressed his concerns about state regulations that are imposed against the City’s will. He asked how many permits we have in process for ADU’s at this time. Interim City Planner Bashmakian stated that ADU’s are processed as plan checks, and deferred the question to staff, and Associate Planner Luna stated that approximately 80 percent of our questions at the counter, as well as plan check submittals are for ADU’s. Commissioner Guerra is concerned with the change this brings to our community with parking impacts. Interim City Planner Bashmakian also clarified that the state enacted ADU laws after adoption of the City’s current version in 2018, and if a city’s ordinance is in conflict with the state, the City has to apply the state standards. He goes on to state that the City has been applying the state’s standards all along, and this request memorializes those standards with some additional controls on architecture and size. Chair Ortiz asked about protest letters the City sent and if any response was received from the state, and Interim City Planner Bashmakian stated that cities are forced to comply, and that many cities protest regulations. Commissioner Guerra asked if this is the most restrictive ordinance that we can do. Interim City Planner Bashmakian answered that there is not much opportunity left to make it more restrictive than it has already been made. Commissioner Guerra then asked about plan submissions for ADU vs. SFR additions, detached or attached, as well as other general questions about building ADU’s either attached and/or detached. Interim City Planner Bashmakian stated that there are no separate reviews for ADU’s for the permitting process. Commissioner Guerra continued, asking about parking requirements. Interim City Planner Bashmakian said the state requires a single parking space, which can be allowed on that property’s driveway. Commissioner Guerra then asked pointedly that if someone already has a 1-car garage with a driveway, can that one parking space in the driveway qualify for the one space for an ADU to be built on that lot. Interim City Planner Bashmakian stated that yes, it can. Commissioner Duarte echoed Commissioner Guerra’s frustrations with parking restrictions with ADU’s. Commissioner Guerra stated that unfortunately, CEQA requirements to not apply to ADU’s. Chair Ortiz asked if these units have to be owner-occupied, as he is also concerned about parking. Interim City Planner Bashmakian answered that they do not, but that future legislation is expected from the state to modify that criteria. At present, the exception is JADU’s, whereby the owner has to live on the property. There was clarification for Chair Ortiz that it is always residents coming to the Planning counter asking about ADU’s, and not developers. Vice Chair Ortiz echoed the same sentiments of his fellow Commissioners, that he, too, is also concerned. Planning Commission May 3, 2023 Minutes - 3 - Chair Ortiz then opened up the item for public comment: Associate Planner Anaya confirmed that no correspondence had been received. Speaker, no name provided, commented regarding his frustrations with local and state government. Speaker, no name provided, commented regarding his frustrations with his time limit and density. Speaker, no name provided, commented regarding his frustrations with state government and parking. Having no one else, Chair Ortiz closed public comment. Interim City Planner Bashmakian recommended that the Planning Commission adopt the attached resolution to the staff report, recommending that the City Council approve Zone Text Amendments to the various sections of Article IX (Land Use) of the Municipal Code regarding Accessory Dwelling Units. It was moved by Commissioner Duarte, seconded by Chair Ortiz, and passed by a vote of 3-0-1, with Vice Chair Uva absent, to adopt PLN-22-00155, thereby recommending approval to City Council of a Zone Text Amendment to Amend Article IX of the Downey Municipal Code regarding Accessory Dwelling Units, in order to comply with state law. Chair Ortiz stated that the action will now be forwarded to the City Council for their consideration. No other business was reported by the Interim Community Development Director. No additional comments were provided by the Interim Community Development Director. Chair Ortiz asked for any last-minute comments by the Commissioners. Commissioner Guerra wants to be sure that the City Council will know the Commissioners’ reluctance and displeasure of this item in the minutes of this meeting so they will know that the Commissioners objected to this. Interim Director of Community Development Pfost stated that we will provide the City Council with the minutes from this meeting, at his request. Chair Ortiz closed the public hearing. ADJOURNMENT: Chair Ortiz adjourned the meeting at 7:21 p.m., to Wednesday, May 17, 2023, at Downey City Hall, 11111 Brookshire Ave. Planning Commission May 3, 2023 Minutes - 4 - APPROVED AND ADOPTED this 21st day of June, 2023. _____________________________ Horatio Ortiz, Jr., 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 June, 2023, by the following vote: AYES: COMMISSIONERS: Ortiz, Duarte, and Guerra NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Uva ABSTAIN: COMMISSIONERS: None _____________________________ Kim Sodetani, Executive Secretary Community Development Department