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HomeMy WebLinkAboutPC Resolution 14-2899RESOLUTION NO. 14 -2899 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND APPROVE AN AMENDMENT TO SECTION 9806 OF THE DOWNEY MUNICIPAL CODE PERTAINING TO APPEALS OF A COMMISSION DECISION AND THE CALLS FOR REVIEW PROCESS THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: Section 9806 of the Downey Municipal Code, which describes the appeals process, hinders the ability of a City Council Member to influence City policy on major land use issues decided upon by the Planning Commission because a Council Member who appeals a decision must abstain from hearing the appeal, due to the appearance of bias and conflict of interest. 2. Consequently, it was determined that an amendment to Section 9806 is necessary to provide a "Call for Review" process to foster Council level consideration of Planning Commission decisions when warranted that would enable the City Council to consider such matters, based on their request and allow them to review an item in an unbiased manner. 3. On August 6, 2014, the Planning Commission initiated a zoning text amendment of Section 9806 of the Downey Municipal Code regarding the appeals process and directed staff to prepare an ordinance that adds a call for review regulation 4. On October 9, 2014, notice of the pending code amendment was published in the Downey Patriot as a 1 /8th page ad and on October 15, 2014 in compliance with the California Environmental Quality Act, a Notice of Intent to adopt a Negative Declaration was posted at the Los Angeles County Recorder's Office in Norwalk, California. 5. The Regular Planning Commission meeting scheduled for November 5, 2014, was cancelled due to a lack of a quorum. 6. The Planning Commission held a duly noticed public hearing on November 19, 2014, and, after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares that staff prepared an Initial Study in accordance with the provisions of the California Environmental Quality Act (CEQA), which found that there would be no significant environmental impacts created by the proposed code amendment, and prepared a Negative Declaration. Based upon its own independent judgment that the facts stated in the Initial study are true, the Planning Commission finds that the approval of the proposed code amendment (PLN -14- 00180) will not have any negative environmental impacts. Resolution No. 14 -2899 Page 2 SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: That the requested amendment is necessary and desirable for the development of the community and is in the interests of furtherance of the public health, safety, and general welfare. The Planning Commission acts as the primary decision - making body on land use issues such as variances, conditional use permits and development plans. At times, those land use issues affect the social and cultural mores of the City of Downey and attract the attention of a council member. In the event that a Council Member disagrees with a Planning Commission decision, their recourse is to formally request that the City Council decide the matter through the appeals process. Section 9806 of the Downey Municipal Code, which describes the appeals process, does not allow the City Council to appeal or review an item in a different manner than the applicant or the general public; however, a Council Member who appeals a decision must abstain from hearing the appeal, due to the appearance of bias and conflict of interest. Consequently, an amendment to Section 9806 is necessary to foster Council level consideration of Planning Commission decisions when warranted. A "Call for Review" process would enable the Downey City Council to consider such matters, based on their request and allow them to review an item in an unbiased manner. The proposed zoning text amendment to Section 9806 is necessary for the City Council to fulfil its primary function, stated in Section 9112.06 of the Downey Municipal, which is to establish land use policies and regulations and to consider various project applications and recommendations. 2. The proposed amendment is in general conformance with the General Plan. The General Plan, Downey Vision 2025, serves as a guide to address the long- term physical development and growth of the community. It identifies issues confronting the community and outlines goals to address them, with policies and programs to accomplish the goals of the plan. The Land Use Chapter of the General Plan establishes the policies for determining where certain land uses, such as residential, commercial, and industrial, are most desirable. Issue 1.3 of the General Plan recognizes that Downey is a mature community experiencing significant change. Addressing the changes taking place in Downey is challenging because of the age of the community the age of its structures and infrastructure, land use patterns, and incompatible land uses. The General Plan recognizes that as properties are developed, it is important to resolve inconsistencies among the zoning, general plan, and land use of properties. Consequently, the General Plan Goal 1.3 entitled "Address changes in land use and zoning trends" includes policies and programs geared to adjust the City's codes and policies and regulations in response to changes in land use trends. The proposed zoning text amendment will allow the City Council to review Planning Commission decisions on quasi - judicial actions such as variances, conditional use permits and development plans formally and without having to file a formal appeal. As a result, the proposed amendment will allow council members to exercise their ability to influence City policy on major land use issues Resolution No. 14 -2899 Page 3 decided upon by the Planning Commission and thereby be in general conformance with the General Plan. SECTION 4. Based upon the findings set forth in Sections 1, 2 and 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend Section 9806.04 of Article IX of the Downey Municipal Code to read as follows: SECTION 9806.04. PROCEDURES. Figure 9.8.1 and Figure 9.8.2 illustrate the processes described below. (a) Appeals of Administrative Decisions. (1) Written Notification. Any appeal from a decision of the City Planner or other Administrative Official of the City in the administration of this article, or where it is alleged by any person that there is an error in any order, requirement, permit, — decision, or determination made by an Administrative Official of the City in the administration or enforcement of this article, shall be made in writing to the Commission. The City Clerk shall not accept for filing a notice of appeal until and unless the appellant or person requesting the hearing has submitted to the City Clerk a filing fee as determined by resolution of the Council. Resolution No. 14 -2899 Page 4 City Clerk transmits 1 copy of Notice of Appeal to City Planner and 1 copy to Commission Secretary Hearing scheduled, noticed Commission conducts hearing Commission acts to: • Affirm City Planner or Admin. Official decision • Modify City Planner or Admin. Official decision • Reverse original decision Figure 9.8.1. Process for Appeal of an Administrative Decision Resolution No. 14 -2899 Page 5 City Clerk transmits 1 copy of Notice of Appeal to City Planner and 1 copy to Commission Secretary City Planner transmits all records pertaining to request for appeal to the Council Hearing scheduled, noticed Council conducts hearing Council acts to: • Affirm Commission decision • Modify Commission decision • Reverse original decision Figure 9.8.2. Process for Appeal of a Commission Decision Resolution No. 14 -2899 Page 6 The written notice of appeal shall be filed within fifteen (15) calendar days of the original decision by the City Planner or Administrative Official of the City. (2) Records. The City Planner or Administrative Official of the City shall then transmit to the Commission all papers constituting the record upon which the action appealed from was taken. (3) Stay. An appeal shall stay all proceedings unless the City Planner or Administrative Official notifies the Commission that a stay would cause imminent peril to life and property. (4) Public Hearings. Public hearings shall be set and notice given in the same manner and time as provided in Section 9804 of this chapter. (5) Decision. The Commission may hear and decide such matters by the affirmative vote of not less than a majority of the members present. A tie vote shall be considered denial of appeal. (b) Appeals of a Commission Decision. (1) Written Notification and Timing. A decision of the Commission, within fifteen (15) calendar days after the date of such action, may be appealed by written notice of appeal filed in duplicate with the City Clerk. Such appeal shall specify where it is claimed that the Commission's findings were in error, and where the decision of the Commission is not supported by the evidence in the matter, and where the public necessity, convenience, and welfare require such exception or permit. The City Clerk shall not accept for filing a notice of appeal until and unless the appellant or person requesting the hearing has submitted to the City Clerk a filing fee as determined by resolution of the Council. (2) Records. Upon the receipt of such notice of appeal, the City Clerk shall transmit one (1) copy of the notice of appeal to the City Planner with notice of the date, time, and place when the appeal shall be given before the Council. The City Planner shall transmit to the Council a copy of all pertinent information contained in the Commission's permanent file. The City Clerk shall transmit a copy of such notice of appeal and place such appeal on the Council's first available meeting. (3) Stay. On the date a notice of appeal is filed pursuant to this section, all proceedings in furtherance of the determination, order, decision, condition, or requirement appealed from, including the effective date of any permit or variance in question, shall be stayed until the final determination of the appeal or review by the Council. (4) Public Hearing. The Council may not approve, reverse, or modify, in whole or in part, the Commission's final determination, decision, order, requirement, or condition Resolution No. 14 -2899 Page 7 which is appealed until the Council has held a public hearing. Such public hearings shall be set and notice given by the City Clerk in the same manner and time as provided in Section 9804 of this chapter. (5) Decision. The Council shall announce its findings and decision in an appeal proceeding by formal action. Such action shall recite, among other things, the reasons which, in the opinion of the Council, make the Council's determination of the matter necessary to carry out the general purpose of this article and shall order that the Commission's decision be affirmed, reversed, or modified. The Council shall effect such determination, or any portion thereof, by the affirmative vote of not less than a majority of the total membership of the Council present at the hearing; otherwise, the appeal shall be denied. The action of the Council shall be final and conclusive. (c) Calls for Review (1) The City Council shall have the right to review the decisions or actions of the Planning Commission. Except as otherwise provided for herein, any review initiated under this section must comma with all requirements that would ordinarily_ apply to an appeal of the type of decision or action at issue as described in Section 9806.04 (b) of this Code. (2) Written Notification and Timing. Any two (2) members of the City Council may initiate a call for review of a decision of the Planning Commission, within fifteen 15 calendar days after the date of such action by delivering a written notice of appeal with the City Clerk. No filing fee shall be required in making a request for review under this section. (3) Records. Upon the receipt of such notice of the call for review, the City Clerk shall transmit one (1) copy of the notice of the call for review to the City Planner with notice of the date, time, and ,place when the appeal shall be given before the Council. The City Planner shall transmit to the Council a copy of all pertinent information contained in the Commission's permanent file. The City Clerk shall transmit a copZ of such notice of the call for review and lace such the call for review on the Council's first available meeting. (4) Stay. On the date a notice of the call for review is filed pursuant to this section, all proceedings in furtherance of the determination order, decision condition or requirement appealed from, including the effective date of an)r permit or variance in question, shall be stayed until the final determination of the review by the Council. (5) Public Hearing. The Council maZ not a rove reverse or modify, in whole or in part, the Commission's final determination, decision, order, requirement, or condition which is appealed until the Council has held a public hearing. Such Resolution No. 14 -2899 Page 8 Public hearings shad be set and native given by the City Clerk in the same manner and time as provided in Section 9804 of this chapter. (6) Decision. The Council shall announce its findings and decision in the call for review proceeding by formal action. Such action shall recite, among other things, the reasons which, in the opinion of the Council, make the Council's determinatra17 of the matter necessary to carry out the general Purpose of this article and shall order that the Commission's decision be affirmed, reversed, or modified. The Council shall effect such determination or any portion thereof, by the affirmative vote of not less than a mafority of the total membership of the Council present at the hearing; otherwise, the call for review shall be denied. The action of the Council shall be final and conclusive. SECTION 4. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of November 2014. Robert Kiefer, airman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 19th day of November 2014, by the following vote, to wit: AYES: COMMISSIONERS: Kiefer, Lujan, Morales, Flores, and Rodriguez NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary Cav nagh, Secretar City Planning Commission