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PLANNING COMMISSION MEETING MINUTES
STUDY SESSION
JANUARY 28, 2020
             
STUDY SESSION
6:00 p.m. - Executive Conference Room, Level 3

CALL TO ORDER / ROLL CALL

Chair Schlotterbeck called the meeting to order at 6:01 pm. All members are present with the exception of Vice Chair McGrade who made the Commission aware he would be absent.
             
1. MATTERS FROM THE AUDIENCE

None.
             
2. REORGANIZATION

Reorganization of Commission was postponed until February when all Commissioners would be present.
             
3. AGENDA ITEMS / CLARIFY REGULAR MEETING TOPICS

City Planner provided a correction to Item 12, Attachment 1 updating the date of the Public Hearing Notice publication and the number of property owners with a 500' radius that received notices.

Senior Planner Tinio provided a correction had been made to the Mercury staff report which referenced 3 intersections that had significant unavoidable impacts with one of them being the southbound ramp at the 57 freeway and Imperial Highway. This was in error and should have been State College Blvd and Imperial Highway.
             
4. INFORMATIONAL / PROJECT UPDATES

The applicant for Simon gave an overview of the Brea Mall Expansion Plan.

Staff presented a preview of items expected to be coming to the Planning Commission in the coming months

Chair Schlotterbeck adjourned the Study Session at 6:50 pm.
             

             
PLANNING COMMISSION
PUBLIC HEARINGS
7:00 p.m. - Council Chambers, Plaza Level
             
5. CALL TO ORDER / ROLL CALL - COMMISSION

Chair Schlotterbeck called the meeting to order at 7:05 pm.
 
Present:
Chair Schlotterbeck; Commissioner Barnes-Ramos; Commissioner Brattain; Commissioner Phu
Absent:
Vice Chair McGrade
             
6. INVOCATION - Pastor Dan Cook of Brea Baptist Church

Pastor Cook gave the invocation.
             
7. PLEDGE OF ALLEGIANCE

Commissioner Phu led the Pledge of Allegiance.
             
8. MATTERS FROM THE AUDIENCE

None.
             
APPROVAL OF MINUTES
             
9. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 26, 2019 AND DECEMBER 10, 2019.

Chair Schlotterbeck made a motion to approve the minutes. Commissioner Brattain seconded the motion.

Motion carried 4-0-1.
             

PUBLIC HEARINGS
             
10. APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR’S DECISION OF CERTIFICATE OF COMPATIBILITY NO. CC 19-02 FOR PROPERTY LOCATED AT 407 S. MAPLE AVE.

A request was received from the applicant to continue the item to the next regularly scheduled Planning Commission Meeting on February 25, 2020.  The Commission approved the request to continue, asked staff to provide a brief presentation, and opened the Public Hearing to allow anyone present to speak on the item.  Testimony was recieved from 3 residents who oppose the project.
             
11. ZONE CHANGE NO. ZC 19-01, PLANNED COMMUNITY MASTER PLAN NO. PCMP 19-01, DEVELOPMENT AGREEMENT NO. DA 19-01, FINAL ENVIRONMENTAL IMPACT REPORT NO. FEIR 19-01 FOR THE MERCURY RESIDENTIAL DEVELOPMENT PROPOSAL AT THE SOUTHEAST CORNER OF MERCURY LANE AND BERRY STREET.

A presentation was given by staff. The Commission asked some clarifying questions of staff and the City Attorney.  The matter was opened for public testimony.  The applicant spoke on the behalf of the project and provided information on how the workforce housing program works.  Additional project representatives gave presentations related to the architecture and design of the building, sewer, water, utilities, parking, parking management and related programs and community outreach.  8 speakers spoke in favor of the project highlighting a need for affordable housing, workforce housing adjacent to businesses, housing to support businesses in the downtown and on Mercury and Berry, and a desire to provide housing to low wage earners in Brea.  7 speakers spoke in opposition to the project highlighting concerns for their businesses, traffic, noise, impacts the industrial businesses will have on the future residents, conflicts with residential traffic and truck traffic, parking, impacts the noise and odors or other attributes the businesses will have on the residents, plans for more housing in this industrial neighborhood. 
 
Chair Schlotterbeck closed the public hearing and discussed the entitlements of the development of the Environmental Impact Report.  The Commission raised topics for additional information or responses from applicant or staff at subsequent meeting including: 

Mercury Lane
  • Need to understand current vehicle/truck conflicts on Mercury Lane.
  • Need to understand parking and overnight parking?  Is this project excluded from the parking ordinance and parking structures for overnight parking.
  • How parking in the West Structure is handled, monitored, limited?
  • Need to understand much guest parking Mercury Lane can accommodate?    Based on number of available spaces, appears that it only allows for 1 guest for every 3 residents.
  • More information on how to ensure the industrial businesses need for parking on Mercury is not hindered by project.
  • Need information on timed parking on Mercury Lane – how to ensure industrial and residential could both utilize.
  • Information on signal at Berry and Mercury related to safety.
 
Project Parking
  • How is parking on Mercury being implemented?
  • More information on parking toolbox.  What are the parking strategies?  Which strategies will actually be used – PCMP seems like a suggestion.
  • Will car share or bike share be offered?   
  • How will guest parking be handled (on and off site)?
  • How will paying for parking be implemented?
  • Does the ADA and Electric vehicle requirement further reduce the amount of onsite parking and increase the need for offsite parking?
  • Need to understand the parking management plan.  What is proposed?
  • Any possibility for shared parking with other businesses?
 
Noise
  • Are there additional mitigation/condition to help the noise?
  • How to ensure recommendations are met – Condtions of Approval?
  • How will noise apply to the industrial zone with this project in place?
  • Need to address noise conflicts for future tenants and existing businesses.
  • More information on window closed condition.  What happens when tenants open windows?
 
 
Project Details
  • Sustainability - Need to understand what’s being implemented.  Are the strategies mitigations or needed conditions?
  • More information on the bike program (rental bikes, bike share, fixit station, guest accessibility)
  • More information on elevators, freight access, large item loading and unloading and potential conflicts with location and Berry loading zone. If there is a conflict in the loading zone, how is this monitored & enforced?  What if it’s blocked?
  • More information on mail and package drop off, security and access.  How do deliveries – parcel/packages work?  Mail room?
  • Need to understand how move in occurs.  Is the elevator a freight elevator, sufficient?
  • Are pets allowed?  Any amenities related to pets?
  • More information on trash – frequency, large items, access, location Need to understand trash pick-up and any conflicts.
  • Any tenant incentives for electric vehicles or other alternatives?
  • Ensure HVAC is designed for intake to be away from the street.
  • Clarification on collaboration with SPX for security purposes
 
 
General Comments/Conditions of Approval
  • What are the current restrictions on the industrial properties if any?
  • Clarification on collaboration with SPX for security purposes
  • How does contribution of money work for Imperial Highway? Held till improvements are complete or?
  • More clarification on the timing of the workforce covenants
  • Ensure rental agreements include disclosures related to adjacent land uses and potential nuisances.
  • Ensure permanence of Conditions of Approval in perpetuity.
  • Have project report back to the City yearly on workforce tenant make up, parking, complaints, # of tickets for tenants, # of collisions/accidents/injuries
  •  More information on 2016/2020 SCAG policies related to this project.
  • What Active Transportation options can be considered and implemented on Berry and Mercury?
  • Ensure industrial businesses do not have to change operations, hours or business conduct.
  • Provide option if bike parking not needed or technology changes.
  • Consider adding “non-motorized” or “other active transportation measures deemed acceptable by the City”  to Development Agreement language.

The Commission stated they would recommend the community benefits with clarification on the covenants and additional information on the sidewalk/bike improvements for Berry and Mercury and its recommendation to be included as a community benefit. The Commission unanimously directed staff to bring back resolutions and conditions of approval with the required findings to support the project conditions and revisions to be discussed and determined at a subsequent meeting.  

Chair Schlotterbeck summarized that the Commission has provided feedback to staff and directed them to move forward with drafting resolutions.

Motion made by Commissioner Brattain to continue the item to the next regularly scheduled Planning Commission meeting on February 25, 2020. Commissioner Barnes-Ramos seconded the motion.

Motion carried 4-0-1
 
             
12. MODIFICATION TO DEVELOPMENT AGREEMENT NO. DA 88-2 – A REQUEST TO MODIFY THE MAXIMUM LIMITATION (33%) OF THE ALLOWABLE SQUARE FOOTAGE OF ADMINISTRATIVE AND PROFESSIONAL OFFICE USES FOR THE EMBASSY RETAIL COURT.

A presentation was given by staff followed by staff and the applicant provided a brief summary of the reason for the request.
Commissioner Phu made motion to approve the item.  Commisoner Barnes-Ramos seconded the motion.

The Commission approved the amendment 4-0-1 absence 
             

ADMINISTRATIVE ITEMS

None.
             
13. COMMITTEE REPORTS

None.
             
14. INFORMATIONAL / PROJECT UPDATES

None.
             
15. ADJOURNMENT

Chair Schlotterbeck adjourned meeting at 11:22 pm.
Respectfully submitted, The foregoing minutes are hereby
approved this 25 day of February 25, 2020.




_________________________________     
Jennifer A. Lilley, AICP, City Planner



________________________________     
Melanie Schlotterbeck, Chair

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