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HomeMy WebLinkAboutMinutes-06-06-83-Adjourned Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJOURNED REGULAR MEETING JOINT MEETING WITH PLANNING COMMISSION JUNE 6, 1983 The City Council of the City of Downey held an adjourned regular meeting at 5:00 p.m., June 6, 1983, in the Council Chamber of the Downey City Hall, Mayor James T. Quinn presiding. PRESENT: Council Members: James T. Quinn Mayor Robert G. Cormack Mayor Pro Tem Theodore H. Jackman Bob Davila ABSENT: Randall R. Barb (excused) Planning Commissioners: Barbara Hayden Frank Beckner Robert Brazelton Joseph Sarabia Bob Verderber Chairman Vice -Chairman ALSO PRESENT: Bud Ovrom, City Manager Carl K. Newton, City Attorney Cheryl Kane, Assistant City Attorney Francis E. Carter, City Planner Ronald Yoshiki, Assistant City Planner Gregory Schaffer, Principal Planner Robert L. Shand, City Clerk -Treasurer Mayor Quinn announced the purpose of the meeting is for a study session to discuss policy for development criteria on Zone Variance and Conditional Use Permit requests which include parking area improvements; street improvements; dedication, etc.; building improvements; signs; and the Firestone Corridor Plan. Chairman Hayden commented on the Planning Commission's desire to have a unified policy relative to application of conditions for approval on zone variances and con- ditional use permits, etc., and whether the conditions should go with the land or the applicant applying for the permit. She mentioned some cases containing conditions imposed by the Planning Commission were appealed to the Council, and the Council removed some of the conditions. Councilman Jackman feels the owner or trustee should be responsible for main- taining the property. Mr. Newton explained the owner of commercial property, as well as the lessee, is an applicant for a zone variance or conditional use permit. He said the Council has the power under existing ordinances to impose conditions upon the owner --the conditions are really directed to the property itself. If the failure to meet the code is a violation and requires immediate improvement, then an owner can be cited for failing to meet a provision of the code. Councilman Jackman mentioned the landlord can ignore a lessee's request to have certain work performed so that he can obtain a variance. During discussion, Mr. Newton said the Council can impose reasonable conditions as it considers appropriate under the circumstances. Chairman Hayden asked if a time limit can be established under which the lessee can operate pending completion of the conditions by the property owner. Mr. Newton replied that usually a reasonable time is provided within which to meet the conditions, and if the applicant fails to meet them, then it is grounds for revocation of approval. It was noted that the burden should be placed on the landlord. Discussion followed. Council Minutes 6/6/83 (adj.) -1- /7m g Mr. Newton feels every, set of conditions should be tailored to the circumstances. Chairman Hayden would like some general guidelines established for benefit of both the applicants and the Commission. Discussion was held regarding suggested criteria for requiring certain conditions. Mr. Newton said a policy can be declared that whenever a business or property is nonconforming by reason of failure to comply with certain requirements, whereby when an application is received for variance or conditional use permit that con- formity will be required. Councilman Jackman commented on recent cases, whereby the Council attempted to apply conditions not only to the applicant who is a tenant but also to the entire commercial center. He questioned how this could be applied to a business who might be the owner of his own store space in a condominium -type commercial center. Discussion followed regarding whether Block Grant Funds could be used for commercial rehabilitation. The City Manager will check into it. Mr. Newton mentioned conditions can be imposed to dividing property into a condominium form of ownership, whereby any nonconforming features of the property be brought up to code as a condition of approving the condominium. If there are common areas that are the subject of the need to upgrade, they could be the sub- ject of a condition for approval of an individual unit by requiring the association which maintains the area of cooperative ownership to be a party to the variance or conditional use permit procedure. Mr. Carter said that in the last two cases where conditions were discussed by the Council, there was no recommendation by the Commission or staff for the applicant to remodel the building. The Building Code would require deteriorated parking lots to'be resurfaced or restriped if the spaces were not visible. Mr. Ovrom indicated staff will have to come back with some guidelines. A report on property maintenance enforcement has been prepared and will be on the next Council Agenda. Copies will be distributed to the Commission in advance. Firestone Corridor Plan Councilman Cormack feels the City should wait on requiring street dedications until such time as it is determined to be needed. Councilman Jackman concurred, indicating he does not feel the dedication should be condition of approval when there is no plan to widen the street. Mayor Quinn agreed. Councilmen Jackman and Davila each indicated they had just received their copies of the proposed guidelines submitted by staff, and it was requested discus- sion be deferred until a later date. Mayor Quinn requested guidelines be established regarding Outside Sales. He mentioned businesses are being cited for conducting the sales, and he suggested they could be allowed under permit, possibly two or three times a year, but that they not use parking areas, with fire exits being left open. It was moved by Mayor Quinn, seconded by Councilman Cormack, and passed by the following vote to direct that a moratorium be placed upon strict enforcement of the Code for outside sales for period of time. And during that time, however, the moratorium will not be effective for violations that do not have some form of permit to assure compliance with the Fire Code and such other health and safety measures considered appropriate during this interim period. It was noted that special, temporary permits would be issued by the Planning Division. AYES: a Cu',mcil Members: Cormack, Jackman, Davila, Quinn ABSENT: 1 Council Member: Barb The meeting was adjourned at 6:14 p.m. :L� L2 RoShand, City 'Clerk -Treasurer Rober G.:.Cormack, Mayor Pro Tem Council Minutes 6/6/83 (adj.) -2-