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HomeMy WebLinkAboutMinutes-07-18-77-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JULY 18, 1977 The City Council of the City of Downey held an adjourned regular meeting at 5:30 p.m., July 18, 1977, in the Council Chamber of the Downey City Hall, Mayor Richard M. Jennings presiding. PRESENT: Council Members: Kenneth J. Miller --- Theodore H. Jackman Hazel N. Scotto Richard M. Jennings Mayor .ABSENT: William L. Greene Mayor Pro Tem (excused) ALSO PRESENT: Ervin Spindel, Director of Community Development William L. Goggin, City Planner Robert L. Shand, City Clerk -Treasurer It was noted that City Manager Charles Thompson would not be present this evening. Mayor Jennings announced the adjourned meeting is for discussing the final phase of the Comprehensive Zoning Ordinance. :Mr. Goggin indicated he has distributed to the Council material concerning outdoor signs - the non -conforming section, and alcoholic beverages. He commented on a cor- rection that should be made in Section 9146. :Mayor Jennings mentioned the restrictions for billboard signs all but eliminate them in the City of Downey. :Mr. Goggin said the signs would not be eliminated but they would be fewer in number. He mentioned they would be permitted on Firestone, Woodruff, Bellower, and in certain areas on Imperial. He said the only addition to the billboard section of the Ordinance is the proposed addition to the C-3 zone. Councilwoman Scotto stated concern that the billboard signs in the C-3 zone shall not be erected within 300 feet of an existing off -premise sign but in the M-1 and M-2 zones it is 500 feet. She feels C-3 is closer to residential than the "M" zones. Councilman Miller concurred. Councilman Jackman feels this would be eliminating billboards in the City within six years after the Ordinance is adopted. Mayor Jennings indicated he has discussed this with Councilman Greene, who feels there should be some billboards permitted in the C-3 zone. Mr. Goggin discussed the reasons for establishing the billboard restrictions. He mentioned the Sign Ordinance in the City of Cerritos was upheld in a recent court case. :Mr. Ron Cipriani, Pacific Outdoor Advertising Co., said the Sign Section as written pertaining to billboards would eliminate billboards in the City, and if adopted, it would then mean the existing signs would be nonconforming. He did not favor the re- quirement for 300 feet of landscape area under a billboard sign. Mr. Ed Dato, representing Foster & Kleiser, 1550 West Washington Boulevard, Los Angeles, stated none of the regulations objected to by the outdoor advertising people have ;been changed, and once the outdoor amortization period runs its course, most of the billboard signs in the City would have to be removed. He asked the Council to reconsider the regulations proposed. Mayor Jennings questioned the setback requirements. Mr. Ted Murphy of the Independent Outdoor Company said his company builds smaller signs six feet high and 12 feet long, and he pointed out the ordinance as proposed would not even allow the smaller signs in the City. zone. It was moved by Councilwoman Scotto to eliminate outdoor advertising from the C-3 The motion died for lack of a second. Councilman Jackman asked if the suggestion for the C-3 zone was submitted to the Planning Commission. Council Minutes 7/18/77 (adjourned) -1- Mr. Goggin said no, but if it is approved by the Council it would then be submitted to the Commission for review and recommendation. He noted the entire Sign Section will be going to the Commission for study. Councilman Jackman does not feel billboards should be eliminated completely in the City but in certain places should be controlled. He does not want to approve the Sign Ordinance as presently recommended, he has objections to some of the requirements sug- gested for the C-3 zone, and he is concerned regarding the amortization schedule of the signs. The outdoor advertising representatives indicated their willingness to work with the Council on the Sign Ordinance and also indicated their willingness to do business in the City. The Council Members suggested referring the Sign Section to the Planning Commission for review, excluding the off -premise section. Councilman Miller suggested omitting the C-3 zone. Discussion followed. It was moved by Mayor Jennings to return the Sign Ordinance to the Planning Commission, deleting the outdoor advertising sign section. Mr. Goggin said staff will make a study and further recommendation to the Commission. He asked that the Zoning Ordinance not be adopted without the Sign Section. :Further discussion ensued. Mr. Ted Murphy suggested a representative from the outdoor advertising industry might assist in the study. The Council concurred with Mayor Jennings' motion to refer the Sign Ordinance back to the Planning Commission, excluding the outdoor advertising signs. Mr. Goggin then reviewed Section 9150 pertaining to Non -conforming Uses, Lots, and Structures. He recommended substitution of wording in Sections 9150.18 and 9150.24. Mayor Jennings discussed with Mr. Goggin the fact that he does not feel a non- conforming use should be done away with if it suffers fire destruction to more than 50 percent of its structure. He also does not feel that is a reasonable method of delet- ing non -conforming uses in the City. Councilwoman Scotto indicated this could be infringing on the rights of a property owner to rebuild as he might wish, but could also infringe on the rights of a neighbor who has his property developed according to the zone. Section 9150.24 was held pending the return of Councilman Greene. The Planning Commission was also requested to review this section. Mr. Bill Cole, Downey Chamber of Commerce, raised questions regarding Section 9150.14 and whether the term "all other uses" could refer to signs. Mr. Goggin replied he will check with the City Attorney for clarification on this. Mr. Goggin then suggested reorganizing the order of certain sub -sections under Section 9150 for better reading. :Referring to Section 9150.02(4), Councilwoman Scotto questioned the wording "substantially enlarged upon." Mr. Goggin explained this wording was suggested by the City Attorney. Discussion followed. Mr. Goggin mentioned in Section 9134.22, on -sale of alcoholic beverages will be listed as permitted uses in the "C" zones. He noted Chief Morgan has commented that in allowing alcoholic beverages to be sold or served within 300 feet of any resi- dentially zones property has been a help to the Police Department. A discussion was held concerning the established distance of 300 feet between residential property and the sale of any alcoholic beverages. Referring to Section 9119, H-M Hospital Medical Arts Zone, Mr. Goggin asked the Council whether it wants to list a Veterinarian as a non -conforming or permitted use in a hospital zone. Council Minutes 7/18/77 (adjourned) -2- It was a concensus of the Council to list Veterinary Hospitals as a permitted use by conditional use permit. In Section 9124.06, Mr. Goggin suggested Swap Meets should be listed as a use per- mitted by conditional use permit. No objections were stated. Mr. Goggin said at the request of Chief Wood, under Section 9142.06, a section will be added regarding the storage and distribution of dangerous materials. He suggested a section also be added entitled "Noise" with reference being made to sections contained in the adopted Noise Ordinance. Mr. Goggin suggested inserting a sub -section on Noise in Section 9142, making a reference to Section 4600.2, 4602, and 4606. Mayor Jennings asked about inserting a section pertaining to noise under Section 9134.20 - Fireworks. He commented on the loud speakers used by Paramount Chevrolet during the early hours of the morning, which he said can be heard in the residential district. He indicated the Noise Ordinance appears to be unenforceable. Mr. Goggin concurred with inserting a reference on noise under Section 9134.20. In discussing Section 9148.18(2), Mayor Jennings questioned 15 feet as the proper width for a driveway. Mr. Goggin said this would provide adequate roadway for people to get back to their garages. Mr. Goggin then indicated that Section 9149.06(3) was rewritten for clarification. A new Section 9149.20(3) was inserted to control outside lighting in the R-1, R-2, and R-3 zones. Section 9149.22 was moved to Section 9138. Mr. Goggin explained that upon the adoption of the Zoning Ordinance there will be no zone exceptions. However, there are several possible zone exceptions that might need to be considered. In that regard, he said, the City Attorney has indicated that if the Council concurs, he will write a section stating that any ongoing zone exception case which has been filed can be acted on under the new ordinance. .Mr. Spindel distributed a memo from Mr. Thompson for discussion as the next meeting. Mr. Goggin advised that the Governor's office has stated there has been no opposition to the City's environmental document concerning the Housing Element. He then :pointed out that the Zoning Ordinance will be submitted to the Planning Commis- sion and City Attorney for review and then be resubmitted back to the Council for its final review. Mayor Jennings announced the presentation on Supervisor Baxter Ward's Red Car Line scheduled prior to the next Council Meeting will be delayed for several meetings. At 7:51 p.m., it was moved by Mayor Jennings and seconded by Councilman Jackman to adjourn the meeting. Robert L. Shand, City Clerk -Treasurer Rich rd M. Jennn s, Mayor Council Minutes 7/18/77 (adjourned) -3-