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HomeMy WebLinkAboutMinutes-08-18-76-Adjourned Regular Meeting. Z 08 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING AUGUST 18, 1976 The City Council of the City of Downey held an adjourned regular meeting at 4:00 p.m., August 18, 1976, in the Green Room of the Downey Theatre, Mayor Hazel N. Scotto presiding. PRESENT: Council Members: William L. Greene Richard M. Jennings, Mayor Pro Tem Kenneth J. Miller Theodore H. Jackman Hazel N. Scotto, Mayor ALSO PRESENT: Charles W. Thompson, City Manager Ervin Spindel, Director of Community Development William A. Goggin, City Planner Francis E. Carter, Assistant City Planner Robert L. Shand, City Clerk -Treasurer In reviewing the Comprehensive Zoning Ordinance, City Planner Goggin outlined the permitted uses in M-1 Light Manufacturing Zone of the preliminary Zoning Ordi- nance, pointing out some of uses have been omitted because they are no longer practi- cal. He said anyone applying for a use not listed could apply for a variance. However, no one would be denied a request simply because a use is not on the list. Mr. Goggin anticipated that eventually the City will probably eliminate M-1 and M-2 zones. Responding to questions, Mr. Goggin explained a variance requested for a use not listed would require a hearing before the Planning Commission. Councilman Jennings questioned requiring street improvements as condition to a zone variance. Mr. Goggin said he would like the Council to review the list of uses omitted in the M-1 zone. He commented on the uses permitted by conditional use permit, which he said the Planning Commission felt needed to be reviewed in order to protect adjoining properties, and explained maps will be developed showing the precise plan for front yard setback requirements in all zones. Referring to the M-2 General Manufacturing Zone, Mr. Goggin suggested the Council review the uses for any additions or deletions. A discussion was held regarding uses requiring a conditional use permit. Mr. Goggin explained that in the environmental section of the ordinance he will recommend anything pertaining to noise be deleted since it is already contained in the Noise Ordinance. He commented on the similarity between the M-1 and M-2 zones. The PUD-Planned Unit Development Overlay Zone section of the ordinance was discussed. Councilman Jennings asked how new Transitional Overlay Zones are created. Mr. Goggin replied by ordinance. On Page 190, Section 9134.18 - Drainage, was amended to read: "In all zones, other than the R-1 and R-2 zones, surface drainage shall be collected and carried under the sidewalk in a manner approved by the City Engineer." Mr. Goggin pointed out that although he has not discussed this with the City Attorney, Section 9134.19 is earmarked for Fireworks Stands, inasmuch as it is a zon- ing ordinance. He said any ordinance pertaining to zoning will be included in this ordinance. It was noted that a reference to the Noise Ordinance will be inserted in Section 9134.20. Mr. Goggin stated on Page 190a, Section 9134.24, Radio and Base Transmitting Sta- tions and Towers, has been changed considerably from what was originally proposed. Council Minutes 8/18/76 (Adjourned) -1- The Council said it will hear citizen input at the public hearing. Councilman Jennings said on Page 190e, Section 9134.30 - Solid Waste, should state the size of a waste receptacle for an apartment house based on the number of units. Mr. Goggin concurred. A discussion was held regarding Section 9134.40 - Standards for Convalescent Hospitals, Homes, and the Like, beginning on Page 190h. Councilman Jennings asked if there are two different minimum widths of halls, one in this ordinance and one in the Building Code. Mr. Goggin said the one in the Building Code would not be applicable to this ordinance. Mr. Spindel said the Building Code sets up a minimum, and if the City of Downey wants something greater, it can either be in the Building Code or the Zoning Ordinance, but they should be compatible and cross-referenced. Mr. Thompson suggested where it refers to the California Administrative Code to insert the words "as amended" or "as may be amended" in order to keep it up to date because the Administrative Code may be amended from year to year. Mr. Goggin noted convalescent hospitals are only permitted under conditional use permit because of the requirements involved. Responding to questions, on Page 192, Section 9136.16, - Lot Fill, Mr. Goggin commented on the requirement for height of lot fill not to exceed two feet above finished grade. Councilman Jennings said the City should be making it easier for people to get through red tape to build in the City, and he questioned the necessity of listing a requirement both in the Building Code and Zoning Ordinance. Mr. Coggin continued with his review of the ordinance and responded to questions of the Council regarding Section 9138 - Yards, Setbacks, and Height Exceptions, begin- ning on Page 200. Councilman Greene noted vehicles parking in an alley near Fifth Street. He was asked to submit a memo to the Police Department. In discussing Section 9140 - Home Occupations, beginning on Page 212, Mr. Coggin said garage sales are not classified as a home occupation; also, child care is not included but is covered under a separate section of the ordinance. He explained the difference between the proposed ordinance as compared to the existing code. Councilman Jennings said on Page 215, Sub -section 9142.06 (2), - Sound, should be removed because it is in the Noise Ordinance. Mr. Goggin concurred. Mr. Thompson suggested the following changes on Page 215, Section 9142.06: Line 21, delete the words "or causes"; Line 25, before the word "welfare", add "health, safety and"; then the sections on sound, smoke, and dust can be removed from the ordinance. A discussion was held regarding Solid Waste Disposal containers. Questions were raised regarding the enforcement of Section 9142.08 - Unsightly Conditions and Neighborhood Protection, Page 219. Mr. Thompson suggested striking Sub -paragraph (16) under Section 9142.08, Page 221. During discussion on Section 9144 - Drive-in Businesses, beginning on Page 227, Councilman Jennings stated his objection to the City planting trees in the parkways for businesses. Referring to Part 9146 - Signs, Mr. Goggin pointed out that in the C-3, C-4, M-1, and M-2 zones there has been no control on signs since the City incorporated. He com- mented on a sign survey conducted in the City and what is proposed in the ordinance. Councilman Jennings indicated he has a slide presentation on signs in the City. Council Minutes 8/18/76 -2- The next study session on the Comprehensive Zoning Ordinance was scheduled for 5:00 p.m., Tuesday, August 24, 1976. Councilman Greene left the meeting at 7:30 p.m. With the Council's concurrence, Councilman Jennings made the following comments on Part 9146 - Signs: Page 249, Paragraph (3) - Is in conflict with Page 268a. Page 251, under Real Estate Signs - Is too liberal; the 52 foot horizontal arm height is too high; how to enforce removal of signs when sale enters escrow. Page 253, Paragraph (e) - Would not be enforced. Page 257, Paragraph 4(a)l, line 7, - 150 feet is too restrictive. Page 258, Paragraph 3(a) - 150 feet is too restrictive. Page 258, Paragraph (b), line 16, - Disagrees with facie shall not be closer than nine feet above finished grade. Page 258, Councilman Jennings disagrees with contents on lines 22 and 23. Page 259, Paragraph (3) - 100 feet is too restrictive; should be at least 75 feet. Page 259, Paragraph (c) - Three activities and five information items is too restrictive. Page 263, Paragraph (8) - Facade of more than 50 foot frontage is too lenient. Page 263, Paragraph (9) - 50 feet is too lenient. Page 268(i), Paragraph (2), R-3 and R-4 Zones, sub -paragraph (a) - How to prohibit real estate agent's gallows -type sign. Page 268(v) Billboard Advertising - Replacement value of structure is too stringent. Mr. Goggin said on Page 268(v), the schedule of signs refers to all signs. Discussion ensued. There being no further business to come before the City Council, the meeting was adjourned at 7:48 p.m. to 5:00 p.m., August 24, 1976, in the Council Chambers of the Downey City Hall, to continue the study session on the Zoning Ordinance. f Robert L. Shand, City Clerk -Treasurer Haz N. Sc tto,—Mayo Council Minutes 8/18/76 (Adjourned) -3-