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HomeMy WebLinkAboutMinutes-11-10-76-Adjourned Regular Meeting4 P7 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY SPECIAL CALLED MEETING NOVEMBER 10, 1976 The City Council of the City of Downey held a Special Called Meeting at 5:00 p.m., November 10, 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 Tom Kenneth J. Miller Theodore H. Jackman Hazel N. Scotto, Mayor Planning Commissioners: John K. Morris Dan H. Ryan, Vice —Chairman Frank Beckner Sara M. McCart Len Hullo, Chairman ALSO PRESENT: Charles W. Thompson, City Manager Carl K. Newton, Acting City Attorney Ervin Spindel, Director of Community Development William L. Coggin, City Planner Robert L. Shand, City Clerk —Treasurer Mayor Scotto announced the meeting was called to discuss the legal responsi— bility of the Commission and Council relative to zoning matters. Mr. Newton stated many provisions of the State Planning Act do not apply to Downey because Downey is a Charter City, and there is a provision that a General Law City may not grant a zone exception where it allows a use that is otherwise not permitted within the zone where the property exists. However, this provision does not apply to Downey. He said the use of zone exceptions to allow such uses without changing the zone provides the City with greater control. He discussed the properties along Florence Avenue as an example of how zone exceptions allow uses in the commercial zone that protect the adjoining residential properties and noted one alternative would be a planned unit development (PUD). Mr. Newton commented on the zones that have an advantage to the property owner of having express criteria established as to the specific zoning limitations existing in that zone, and he further spoke regarding the advantages of a PUD. Councilman Jennings asked about the conditions to a zone exception after the Comprehensive Zoning Ordinance is adopted. Mr. Newton replied that the property no longer needs the zone exception be— cause the use would be permitted under the current zone; that if the condition is a greater, more stringent requirement, then that condition must continue to be observed. Discussion was held regarding General Plan and PUD requirements. Mr. Newton explained the General Plan is a declaration on the part of the City as to what zoning patterns are projected as of future date, and it says what the zoning probably should be in the future based upon information available today. He said the General Plan is a guide in considering zone exception cases. Commissioner McCart pointed out how conditions can affect a zone exception. Mr. Newton stated conditions cannot be modified or changed after the zone excep ion has been granted, unless it can be determined by the Commission that the modification is within the scope of the use and conditions applied in the original proceeding; and then only after additional public hearings before the Planning Commission. Responding to questions regarding limiting speakers at public hearings, Mr. Newton said speakers can be limited and this would not deprive anyone of the due process; also, speakers from out—of—town should not be denied the right to speak. Discussion followed regarding enforcement of ordinances. Mr. Spindel commented on the cooperation by the State regarding use of State highways. Council Minutes 11/10/76 (Special) —1— 6515 Councilman Jennings asked if the City has an ordinance requiring restoration of property to original condition, such as. driveways. Mr. Goggin replied it raises a problem on commercial property. Councilman Jennings recommended the Planning Commission commence with a research project on restoration of property to original condition and make a report and recommendation back to the Council. Commissioner Morris asked for a basic policy of the City Council for directing the Planning Commission on whether the Commission is to look to the best interests of the City or the individual. Mr. Thompson stated the good of the neighborhood and the community has to be considered, but it should also be for the good of the individual. Mr. Newton advised that the goals of the City must be achieved. Commissioner Rullo said he does not favor imposing sidewalks or street lights on property owners, unless the majority of the street has been completed. Councilman Jackman asked under what authority the Commission establishes con- ditions to a zone exception. Mr. Goggin replied that many conditions are set under authority of Section 8100 of the Downey Municipal Code. Commissioner Rullo suggested the Council establish a list of conditions the Planning Commission should comply with. Mr. Spindel explained that Section 8100 concerns R-2 zoning or above and is necessary for the public convenience and safety. The improvements, he said, are considered beneficial to the property. Councilman Jennings indicated that what is lacking is a written policy of the Council, a written list of goals for the Planning Commission to review. Discussion ensued. Councilman Greene suggested another meeting between the Council and Commis- sion for establishing policies. Mr. Goggin asked that consideration be given to a joint meeting between the Council and Commission after Zoning Ordinance hearings have been conducted by Council and changes referred back to the Commission. There being no further business to come before the City Council, the meeting was adjourned at 7:05 p.m. Robert L. Shand, City Clerk -Treasurer HazeT N. Scotto, Mayor Council Minutes 11/10/76 (Special) -2-