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HomeMy WebLinkAboutMinutes-09-27-76-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING SEPTEMBER 27, 1976 The City Council of the City of Downey held an adjourned regular meeting at 5:00 p.m., September 27, 1976, in the Council Chambers of the Downey City Hall, 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: Donald B. Robison, Assistant City Manager William A. Coggin, City Planner Francis E. Carter, Assistant City Planner Robert L. Shand, City Clerk -Treasurer Mayor Scotto announced the purpose of this meeting is to continue the study on the Comprehensive Zoning Ordinance. Mr.. Coggin reported on a request of Louie R. Adkins for an extension of a non- conforming use period of time and said staff contacted Mr. Adkins advising him of the Council meeting dates, but he has not responded. He noted this does not require a formal appeal hearing. Mr. Coggin outlined the case for the Council, whereby Mr. Adkins is proposing to sell the property but the lending company wants the new buyer to have an extension of time on the non -conforming use; the property is depreciating in standard. He pointed out this is a commercial zone and when the apartments were built 20 years ago they were permitted; the new revised code prohibits construction of apartments in commercial zones. Mr.. Coggin resumed with the review of the Comprehensive Zoning Ordinance begin- ning with Section 9154. He commented on VTN's preparation of a code revision of the Zoning Ordinance and staff's modifications and noted that after the Council determines what it wants, the City Attorney will read it to make the necessary clarifications. Referring to Page 321, Line 17, Councilman Jennings mentioned the Building Appeals Board was established but has very little to do, and he feels this Board should be combined with the Design Review Board and receive compensation. Discussion was held regarding definition of a registered Building Designer and the duties and authorities of the Design Review Board. It was suggested that the combined board be comprised of seven members. Mr. Coggin proposed changing Section 9156.06(1), (a) through (e), to consist of: Two licensed Architects; one registered Building Designer; one licensed Landscape Architect; one homeowner; one licensed Building Contractor; one registered Structural Engineer; and sub -sections (d) and (e) would become (e) and (f). Referring to Section 9156.08, Councilman Jennings said he feels submission of a site plan is too comprehensive for first approval; a person should be able to obtain approval with a similar plan. Mr. Coggin replied this section is applied to building permits. Further discussion ensued regarding the appeal procedure. Mayor Scotto declared a recess at 6:02 p.m. The meeting resumed at 6:22 p.m. with all Council Members present. Mr. Coggin explained Section 9158, Variances, will be a new section and takes the place of zone exception cases that are not use permits. He reviewed the sections -- pertaining to Variances, Conditional Use Permits, Permits and Variances, Amendments and Zone Changes. Referring to Section 9164.14, Councilman Jennings mentioned when this ordinance is adopted it will be necessary to change all of the zones in conformance with the General Plan. He asked if it would be possible to conduct all of the zone change hearings at one time. Mr. Coggin replied that probably two or three could be held at the same time, and he commented on the procedure for contacting residents in the areas involved. He also Council Minutes 9/27/76 (adjourned-1- mentioned that the length of some of the streets such as Florence Avenue or Stewart and Gray Road could be handled in one hearing. Mr. Coggin recommended a change in Section 9166.08, Line 15, to read: "The City Planner or such other person as may be designated by the City Manager hereby is desig- nated as the enforcing agent of this chapter, and the use in this Section 9166, City Planner shall mean the City Planner or such person so designated by the City Manager." Councilman Greene stated he thinks the City Planner should be the enforcing officer. A discussion was held regarding the enforcing agent and personnel necessary to enforce the ordinance. Mr.. Goggin said the ordinance gives the City Manager the latitude to appoint a representative as the enforcing agent. Mr. Goggin stated on Page 371, under Section 9166.16, beginning on line 24 and continuing into Page 372, delete "and the City Attorney, upon request of the Council, shall institute any necessary legal proceedings to enforce the provisions of this Chapter"; and insert "and the City Manager is hereby authorized to cause the initi- ation of any necessary Legal proceedings for an injunction to restrain continuation of such violation or any other appropriate action or proceeding to enforce those provisions". Referring to Page 373, under Section 9166.22, Line 19, Mr. Coggin proposed delet- ing "Building Official and/or City Planner" and inserting "City Manager". The Council discussed the proposed change. Councilman Jennings stated only one department should be responsible for the inspections. It was suggested that the City Planner make out the forms of the violation with the Building Official enforcing them. Mr. Goggin said a proposed change is also recommended that Section 9166.20 read: "It is the intent of this chapter that all questions of interpretation and enforce- ment shall be first presented to the City Planner and after appropriate administra- tive review shall be presented to the Commission on appeal." He then concluded his - review of the Zoning Ordinance. The Council discussed setting the public hearing on the zoning ordinance. The date of November 10, 1976, was considered, with the possibility of continuing the hearing to November 16th. Mr. Goggin suggested setting a time Limit for speakers representing organizations. Councilman Miller indicated he does not feel a speaker can be limited to a spe- cific length of time so long as he speaks to the issue and is not redundant. He asked that Mr. Goggin set out guidelines for a time limit for review by the City Attorney so that the guidelines conform to the law. Mayor Scotto commented on receipt of correspondence regarding SCAG applications for proposed projects under the Public Works Employment Act for the City of Downey. She said she will distribute copies to the Council. Mayor Scotto advised the Council of a request for the Police Officers Associ- ation Memorandum of Understanding to be considered earlier on the September 28th Agenda. It was moved by Councilman Jennings, seconded by Councilman Jackman, and passed by unanimous vote to set a hearing on the Comprehensive Zoning Ordinance for 7:30 p.m., November 10, 1976, in the Council Chambers of the Downey City Hall. Mr. Goggin asked if the Council would like to consider Mr. Adkins' request for an extension of non -conforming use period of time since he has not appeared on the two dates set. He noted Mr. Adkins was notified twice and no response has been received. Council Minutes 9/27/76 (adjourned) -2- It was suggested that Mr. Adkins be contacted by telephone regarding this matter. There being no further business to come before the City Council, the meeting was adjourned at 8:00 p.m. Robert L. Shand, City Clerk -Treasurer Haz N. Scotto, Mayor Council Minutes -3-