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HomeMy WebLinkAboutMinutes-11-10-76-Public Hearing Meeting_.5 76 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY NOVEMBER 10, 1976 PUBLIC HEARING PROPOSED COMPREHENSIVE ZONING ORDINANCE The City Council of the City of Downey held a public hearing on the Proposed Comprehensive Zoning Ordinance at 7:30 p.m., November 10, 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: Charles W. Thompson, City Manager Ervin Spindel, Director of Community Development William A. Goggin, City Planner Robert L. Shand, City Clerk -Treasurer Mayor Scotto declared that this is the time and place for the public hearing on the Proposed Comprehensive Zoning Ordinance. She inquired if the City Clerk had the Affidavit of Publication, to which the City Clerk responded in the affirmative. It was moved by Councilman Jennings, seconded by Councilman Jackman, and so ordered to receive and file the Affidavit. Mr. Goggin reported on hearings held by the Planning Commission on the proposed Ordinance and said following this hearing before the City Council it is expected there will be continued hearings and study sessions. After a determination by the City Council regarding its views of the Ordinance, he said, it will then be returned to the Planning Commission for review and report back to the Council for final action. Mayor Scotto advised there are cards to be filled out by anyone wishing to speak, and there will be a time Limit of 15 minutes for organizations and three minutes for individuals. She indicated the first opportunity to speak will be given to the radio - interested persons. Mr. Goggin commented on the staff's recommendations on the Sign Ordinance which have been distributed to the Council. He was asked to place copies in the Library for the public's perusal. Mayor Scotto inquired if the City Clerk had received any written correspondence on this matter, and the City Clerk replied he had not. Mayor Scotto informed the audience that the Council will also conduct a hearing on November 16th followed by study sessions. Mr. Don Royer, 15765 Santa Isadora, Fountain Valley, Attorney representing the amateur radio operators in Downey, spoke regarding the sections covering radio use, antennas, and towers. He said the field use is pre-empted by the Federal Government, and no other government may regulate the operation or use any of these items, the operation of radio stations Federally licensed is an accessory or customary use of residential property, and some sections of the ordinance are discriminatorily applied. Next, he stated, antennas themselves, whatever kind they shall be, are all personal property. He pointed out the ordinance contains serious problems of enforcement, and yet violation of the ordinance is a serious offense. Mr. Royer then proceeded to discuss ambiguities of sections affect- ing amateur radio operators. Mr. William Cole, Manager of the Downey Chamber of Commerce, commented on the meetings held by the Chamber to discuss the Zoning Ordinance and of the appearances before the Planning Commission. He submitted and narrated an outline of the Chamber's views, a copy of which is on file in the office of the City Clerk. Mr. Arden H. Berg, Director of Community Relations and Legislative Affairs for the Sign Users Council, 311 North Normandy Avenue, Los Angeles, spoke regarding Sec- tion 9146 concerning Signs. He referred to the Sign Users' guidelines dated February 19, 1976, and commented as follows: Section 9146.04(2), recommends this section be deleted because there is not sufficient information to substantiate the basis for sign area; Section 9146.04(5), signs should serve a number of functions as well as Council Minutes 11/10/76 -1- (Public Hearing - Zoning Ordinance) 5 57'7 advertising; Section 9146.08, animated or rotating signs should not be prohibited but controlled by an eight R.P.M. requirement; Section 9146.08(17), recommends changing "25 watts" to "40 watts"; Section 9146.14(4)(a), is discriminatory and restrictive. Mr. Larry Hoag, 10551 Paramount Boulevard, Downey, concurred with the previous testimony and said the sign ordinance as presently proposed would deny many private property rights, would be restrictive to income of business people, and in some cases ruinous. Speaking more specifically to real estate signs under Section 9146.10(1)(b), he suggested the "9 square foot sign in all other zones" be increased to at least "32 square feet"; he recommended the height of post signs, Section 9146.10(1)(a), be amended to read "not exceed six feet in the residential zones" instead of "five feet". Mr. Hoag stated the ordinance does not contain permission to establish open house signs and directional signs to the open house, which is very important to the real estate industry. He objected to the last sentence in Section 9146.10(1)(b) and said until the escrow closes on a piece of property the sign should not be removed --a "sold sign" is helpful. Mr. Ron Cipriani, representing Pacific Outdoor Advertising, 1740 Narva Street, Los Angeles, mentioned he mailed a letter and additional information sometime ago and asked the Council to review this for discussion in study session. Mr. Ed Dato of Foster and Kleiser, 1550 West Washington Boulevard, Los Angeles, presented a letter with recommendations for Council review and later discussion and stated that under the ordinance, Foster and Kleiser would not be able to function as a viable advertising agent with the limited areas provided. Mr.. Ronald Collins cited cases pending before the United States and California Supreme Courts regarding the scope of municipalities' powers to zone property under the Constitution. He concurred with other speakers and cited additional amendments to the Constitution which he feels the sign ordinance violates. Mr. Collins com- mented on how the sign ordinance would affect small businesses in the City. Mr. Lee Buckholtz of the Downey Board of Realtors said under real estate signs the amount of square footage that is allowed on other than residential signs is felt would create a loss of impact in selling real estate and requested "eight feet" be increased to "32 feet" for all areas other than residential signs and further recommended deleting the sentence, "The words 'for sale, lease or rent' shall be the largest letters on the sign". He suggested a provision allowing one year in which to change the signs to conform to the ordinance. Mr. Jack Robinson, 8555 Gainford Street, stated concern regarding the general welfare of the community and stated it is time for the City to take a strong stand regarding signs and strenuous zoning requirements. Mr. James Santangelo, representing the Downey Board of Realtors, recommended for the Council's consideration that Section 9146.10(1)(b) be changed to permit persons engaged in the sale, lease, or rent of property to post signs for the pur- pose of open house, with not more than three directional signs and pennants. Mayor Scotto declared a recess at 8:45 p.m. The meeting resumed at 8:57 p.m. with all Council Members present. There being no new speakers to address the City Council, Mayor Scotto then invited the previous speakers to make any further presentations they might desire. Mr. Don Royer continued with his comments on the sections pertaining to radio use, antennas, and towers, and noted there are ambiguities that will be difficult to enforce. He said the ordinance should be uniform for the entire City. Mr. Nate Briteman, President of the Associated Radio Amateurs of Long Beach, Inc., discussed the sections he feels are not feasible, workable, or practical and urged that the height limit for antennas be set at 65 feet. He suggested Section 9134.24(3)(c) be altered or removed from the ordinance and Section 9134.24(3)(d) eliminated. Mr. William Cole, Manager of the Downey Chamber of Commerce, continued with his presentation of the views of the Downey Chamber. Mr. Arden Berg, Sign Users Council, raised questions regarding the format for the continued hearing scheduled for November 16. A discussion was held establishing a policy regarding public input at study session. Council Minutes 11/10/76 -2- (Public Hearing - Zoning Ordinance) s5"i8 Mr. Goggin explained he would like to express his views to the comments raised on tonight's presentations. He outlined a procedure for study sessions, whereby the Council could discuss only one or two sections of the ordinance at each study session and allow only input from the audience on that subject. Mr. Berg narrated a slide presentation on signs in Downey and said he would like to address the Council at a later time regarding his wirtten presentation. The Council discussed setting a meeting pertaining only to the sign ordinance. It was moved by Councilman Jackman, seconded by Councilman Greene, and so ordered to continue the hearing on the proposed Comprehensive Zoning Ordinance for 7:30 p.m., November 16, 1976, in the Council Chambers of the Downey City Hall. (Adjourned at 10:30 p.m.) Robert L. Shand,'Ci y Clerk -Treasurer Council Minutes 11/10/76 -3- (Public Hearing - Zoning Ordinance) Haze N. Scotto, Mayor