HomeMy WebLinkAboutMinutes - 12-19-07 - Planning Commission MeetingMINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
JOINT ADJOURNED MEETING WITH THE PLANNING COMMISSION
DECEMBER 19, 2007
The City Council of the City of Downey held a Joint Adjourned Meeting with the Planning
Commission at 5:44 p.m., December 19, 2007, in the Cormack Room of the Downey City Library,
11121 Brookshire Avenue, Mayor David Gafin presiding.
PRESENT:Council Members:
David R. Gafin
Mario A. Guerra
Anne M. Bayer
Kirk O. Cartozian
Rick Trejo
Mayor
Mayor Pro Tem
Absent
Absent
PRESENT:Planning Commissioners:
Terry Larnbros
Michael Murray
Stephen Allen
Roger Brossmer
Jeff McCaughan
Chairperson
Vice-Chairperson
ALSO PRESENT:Gerald M. Caton, City Manager
Edward W. Lee, City Attorney
William J. Priest, Deputy City Attorney
Scott Pomrehn, Assistant to the City Manager
Kathleen L. Midstokke, City Clerk
Theresa Still, Secretary
Linda Haines, Building and Housing Director
Gilbert Livas, Deputy City Manager/Community Development
John Perfitt, Economic Development Director
David Blumenthal. Senior Planner
William Davis, Business Development Manager
Jessica Halak, Assistant Planner II
Shion Hori, Assistant Planner
Kevin Nguyen, Assistant Planner
The flag salute was led by Deputy City Manager/Community Development Director Livas.
1.STUDY SESSION: AN OVERVIEW OF LOCAL LAND USE REGULATION.
A staff report was presented by Deputy City Manager Livas, thanking everyone for attending
and noted that it has been quite a long time since the CityCouncil and Planning Commission has
held a joint meeting. He reported that a number of large development projects are being planned in
the City and that it is important to have the proper training regarding land use laws and regulations,
which typically can be somewhat controversial.
City Council (adj.) 12/19/07 -1-
Deputy City Manager Livas continued that he has made many changes to the Planning
Department to reorganize, increase efficiency and streamline processes, becoming more business
friendly while maintaining Downey’s high standards. He introduced the Planning staff present.
City Attorney Lee continued with a Power Point presentation, noting that the Planning
Commission is the final decision making authority on conditional use permits, zone variances, maps
and planned unit developments. They make recommendations on updating the General Plan and
zoning. The Planning Commission also hears appeals of administrative decisions by the City Planner
and Design Review Board actions. The City Council hears appeals of conditional use permits, zone
variances, parcel and tract maps and planned unit developments.
He further explained that the General Plan is like the Constitution br all future development.
All land use approvals and decisions must be consistent Wth the General Plan which has very broad
policies and can be amended up to 4 times peryear. It must haw 7 mandatory elements, with the
Housing Element being amended at least once every 5 years.
Zone variances were referenced as needing to meet the criteria of State Law, including:
unique circumstances of the lot; must not grant a “special privilege”; consistent with the objectives of
the General Plan; and cannot adversely affect the local residents. They are intended to permit the
development of structures not otherwise in compliance with the Code in order to prevent a hardship
to the developer due to unique features of the subject property. It was noted that use variances are
not permitted. Business Development Manager Davis gave some examples of recent zone
variances. They responded to questions and comments from Chairperson Lambros and
Commissioner Brossmer,
Conditional Use Permits were presented as running with the land and can not be subject to
automatic termination. Conditionally are those sensitive types of uses subject to heightened scrutiny
such as drive-thru restaurants and wireless telecommunications antennas. The conditions imposed
must have a “nexus” with the projects impacts.
Next the importance of land use findings and standards was discussed. They must be
substantive and cannot just recite law; must be adopted by written order or Resolution; and must be
clear and not vague or ambiguous.
City Attorney Lee then discussed ex parte communications on matters appearing in a public
hearing format. It can include telephone calls orconversations with developers and should be
disclosed at the subject hearing. He responded to questions from Mayor Pro Tem Guerra and
Council Member Cartozian, indicating that this is his recommendation
Deputy City Manager Livas concluded that there should be more study sessions scheduled
with the City Council and the Commission Mich will be a benefit to both
Mayor Pro Tem Guerra noted that the Council and Commission should continue to work
together on common goals and visions.
NON-AGENDA PUBLIC COMMENT: None
ADJOURNMENT: 7:12 p.m.
The meeting adjourned at 7:12 p.m. to 6:30 p.m. Januav 8, 2008.
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KATHLEEN L. MIDSTOKKE, City Clerk
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City Council (adj .) 12/19/07
MINUTES OF THE
CITY COUNCIL OF THE CITY OF DOWNEY
REGULAR MEETING
DECEMBER 25, 2007
A Regular Meeting of the City Council, which was scheduled for 7:30 p.m., December 25,
2007, in the Council Chamber of Downey City Hall, 11111 Brookshire Avenue, was adjourned for
lack of a quorum, with no Council Members present, to 6:30 p.m., January 8, 2008, in the Council
Chamber of the Downey City Hall.
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KATHLEEN L. MIDSTOKKE, City Clerk
City Council Minutes 12/25/07 -1-