Loading...
1993 OCT 07 CC MINMINUTES OF THE SPECIAL MEETING OF THE EL SEGUNDO CITY COUNCIL October 7, 1993 - 6:00 P.M. CALLED TO ORDER Mayor Jacobson at 6.10 P.M. PLEDGE OF ALLEGIANCE led by Councilman Robbins. ROLL CALL Mayor Jacobson - Present Mayor ProTem Wise - Present Councilman West - Present Councilman Switz - Present Councilman Robbins - Present PUBLIC COMMUNICATIONS - (City Business Only) (Items not listed on the Agenda - 3 minute limit per person, 30 minute limit total) Mike Ramos, owner of 516 -518 Washington Street addressed Council regarding his property which was scheduled to be rezoned from R2 to R1 asking that they amend the General Plan to where his property would remain R2 instead of R1 because to be zoned R1 would drastically impact him economically. Mayor Jacobson informed Mr. Ramos it was too late for a General Plan amendment; that the General Plan could only be amended four times a year, and that this could not be added to those properties to be amended because it had already been noticed. Hyrum Fedje, Director of Planning and Building Safety, stated he informed Mr. Ramos staff felt the property was legally non - conforming, and presented him with some scenarios of what he could do under R1 in order to expand his lot coverage to 40% which is presently at 30% and still keep the two units. Councilman Robbins questioned whether the entire structure could be torn down and another structure rebuilt should this be changed to R1; Mr. Fedje responded it would need to be a remodel, not a rebuild, but he could still do it up to 40% lot coverage; Mr. Ramos agreed stating that it would be unfavorable for him to do this and would ruin the lot if he did. Mayor ProTem Wise questioned whether there was another alternative other than a general plan amendment; Mr. Fedje responded he did not see one at this time; Mayor ProTem Wise stated for the public record he was requesting this be agendized for consideration at the first meeting in March 1994; Mr. Ramos be notified of this March 1994 meeting; the City Clerk's Office transmit a letter with minutes from this meeting to Mr. Ramos. Scot Dannen, 1127 E. Acacia addressed Council regarding his disappointment with their denial on October 5 to release the remaining $150,000 due to the school district. Councilman West stated he received a lot of phone calls regarding this issue; City Attorney Cremins informed Council that based on the agenda requirement - especially for a Special Meeting - that there could be no discussion among the councilmembers because it was not on the agenda. Mayor ProTem Wise left the dais to address the Council as a citizen. J.B. Wise, 519 Maryland Street stated after the vote on Tuesday he had no choice but to place an item regarding a vote of the residential fees under his name for the November 2 meeting. Although he voted in the affirmative on this issue, he would now state that he plans on reversing his vote and casting a no vote to implement the fees. He has and will continue to follow the vote of the majority but would simply not tax just to tax, and will also vote against and fight any attempt by Council to pass budgets that lay off more employees. Also, wanted to confirm to all that the petition filed was not referandable; that he will be guided by the 2400 votes - 62% of the voters - that were cast in the affirmative for Prop K, when the majority of the voters stated they would support Prop K and their mandate was the only reason why he voted to implement the fees on the residents, and now the Council majority has reneged on their contract to promise to follow the mandate of the majority to help our kids. Mayor Jacobson asked if anyone else wished to address the City Council; public communications was closed. City Council Minutes October 7, 1993 - 6 00 p m A. SPECIAL ORDERS OF BUSINESS - Continued public hearing on Environmental Assessment EA -299 for the proposed amendments to the Zoning and Subdivision Codes. Mayor Jacobson stated this was a continued public hearing on Environmental Assessment EA- 299 for the proposed amendments to the Zoning and Subdivision Codes, and asked if proper notice had been made and whether any written communications had been received regarding this hearing; Deputy City Clerk Freeman responded that proper notice was published by the Planning & Building Safety Department and no written communications had been received. Hyrum Fedje, Director of Planning and Building Safety, stated staff planned to hold the first reading of the ordinance on October 25 and the second reading /adoption of the ordinance on November 2. City Attorney Cremins stated there had to be five days between the first and second readings, and they could do the first reading and urgency ordinance which would put them in compliance with State law on November 2 and a second reading on a subsequent date. Also, the complete vote on the urgency ordinance Itself would require a four - fifths vote. Mayor ProTem Wise asked the City Attorney to advise them in writing of the urgency and regular reading requirements, and what votes are needed to pass both. Council consensus to hold the first reading and urgency ordinance on November 2, and the second reading and adoption on November 16. CHAPTER 20.60 - TITLE: SIGNS: Paul Garry presented a brief report on the two sign ordinances received; Mayor Jacobson stated concerns on the 4' x 8' commercial real estate signs. Mayor Jacobson asked if anyone from the public wished to address this item; no one wished to address the item and public communications was closed. CHAPTER 20.74 - TITLE: VARIANCE AND CONDITIONS USE PERMIT: Councilman Robbins questioned Section 20.74.010 /Page 1 last sentence; Section 20.74.030 /Page 2 questioned whether there should be five instead of four conditions, Mr. Fedje responded State Code requirements; Section 20.74.050 /Page 3 stated wording was unclear and "with" should be changed to "and ", Mrs. Jester responded staff would clarify that section - Council concurred; also under this section under "(B)" wording unclear - not fully descriptive, Mayor Jacobson agreed and felt it should read "or" not "and "; Council concurred; Section 20.74.070 questioned whether the application include Individual's reason why they felt they met the requirements; Mrs. Jester responded that it did; Council concurred; Section 20.74 090 questioned strike outs regarding resolutions; Mayor Jacobson responded it was procedural; Section 20 74.160 stated wording was unclear regarding applicant and public both having the right to appeal, and questioned whether an application for extension required a public notice and hearing; Council concurred that it did not, and that the public should also have to right to an appeal; Section 20 74.170 wording needs to be changed here also regarding both the applicant and public having the right to appeal; Council concurred. Felt that the appeal process should be available to an opponent as well as an applicant for a variance, conditional use permit, or conditional use permit extension. Councilman Switz questioned if it was clear to staff and Planning Commission on how to test variance requirements, and felt the Planning Commission's reasons for their decision should be listed in the Planning Commission's report to the City Council. Discussion followed. Council consensus to allow both an applicant or opponent the right to appeal a variance, conditional use permit, or conditional use permit extension; Section 20.74.050 Page 3 from 'With" to "and ", (B) from 'and" to "or"; Section 20.74.160 (B) Item 3 wording to read an application for extension does not require a public notice or hearing, and a decision of the Planning Commission may be appealed to the City Council by the public or applicant; Section 20.74.170 wording to read a decision of the Planning Commission may be appealed to the City Council by the public or applicant. Mayor Jacobson asked if anyone from the public wished to address this item; no one wished to address the item and public communications was closed. 2 City Council Minutes October 7, 1993 - 6 00 p m CHAPTER 20.31 - DOWNTOWN COMMERCIAL (C -RS) ZONE: Councilman West left the dais and did not participate in this item. Mayor ProTem Wise questioned if a lot was not 4356 square feet meant that they could not build a unit; Mrs. Jester responded for newly created lots, but for existing lots you can have one. Mayor Jacobson asked if anyone from the public wished to address this Item. Alan West, 303 Virginia Street felt churches should not be required to get conditional use permits, and suggested administrative use permit instead. Discussion followed. Councilman Switz asked if it could be moved up to Section 20.31.020 Permitted Uses; Mayor ProTem Wise agreed stating they could take out Section 20.31.030 (B) and add to Section 20.31.020 (N); Mr. Fedje questioned whether Council wanted to do this in the other zones which are affected. Discussion followed. MOVED by Councilman Switz; SECONDED by Mayor ProTem Wise to strike Section 20.31.030 (B) and install under Section 20.31 020 (N). Gordon Leon, Planning Commissioner addressed Council informing them the Commission's rational for a conditional use permit for churches in the residential zones was to allow review of parking standards and hours of operation. Which if listed as a right of zone, you could have churches on Main Street without parking. Mayor Jacobson responded that was good point and maybe an administrative use permit would be better. Discussion followed. Mayor Jacobson called the question. MOTION PASSED BY THE FOLLOWING VOICE VOTE 4/0/1 - AYES: MAYOR JACOBSON, MAYOR PROTEM WISE, COUNCILMEN SWITZ AND ROBBINS. NOES: NONE. NOT PARTICIPATING: COUNCILMAN WEST. Mayor Jacobson asked if anyone from the public wished to address this or any other item; no one wished to address this item; public communications was closed Councilman Robbins requested to speak on Chaper 20.12.010. CHAPTER 20.12.010 - PAGE 45 - GENERAL PROVISIONS: Councilman West participated on this Item. Councilman Robbins suggested adding the following to the code "If any provisions of the zoning code is in conflict with provisions in the general plan, then the conflicting provisions of the general plan shall prevail." City Attorney Cremins responded that the general plan cannot be a default for the zoning ordinance. Mayor Jacobson asked if anyone from the public wished to address this item, or any other chapters; no one wished to address this or any other items, and public communications was closed. PUBLIC COMMUNICATIONS - (City Business Only - 5 minute limit) - NONE Mayor Jacobson stated the continued public hearing would be continued to November 2, 1993. CLOSED SESSION - NONE ADJOURNMENT at 7:25 p m. Lora Free an, Deputy 917ty Clerk 3 City Council Minutes October 7, 1993 - 6 00 p m