HomeMy WebLinkAboutResolution No. 4972 RESOLUTION NO. 4(.)7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
GRANTING THE APPEAL AND APPROVING ZONE VARIANCE #532
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find and determine that an application
was duly filed by Nick Ananias, with respect to the real property described as
follows: 7363 Stewart & Gray Road and 11861 Old River School Road, requesting
a Zone Variance to Sections 9122 and 9150 of the Downey Municipal Code to
reduce building setbacks, landscaping and parking standards in the C -1 zone;
that a public hearing was duly set for January 26, 1988 and February 9, 1988 at
7 :30 p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire
Avenue, Downey, California, and a notice of the date, time, place and purpose of
aforesaid hearing was duly held at the aforementioned time and place. Studies and
investigation made by the Council and in its behalf reveal the following
facts:
(1) Special conditions and circumstances exist which are
peculiar to this property because the property, under
application, is subject to the most restrictive building
setbacks as set forth by the Downey Municipal Code in the Cl
(Neighborhood Commercial Zone).
(2) Literal interpretation of the provisions of the Ordinance
would deprive the applicant of rights commonly enjoyed by
other properties in the City under the terms of the Zoning
Ordinance since other commercial developments in the City
have received zone variances for reduced building and
landscaped setbacks, and parking requirements.
(3) Special conditions and circumstances do not result from
actions of the applicant, but are a result of the applicable
development standards as set forth by the Downey Municipal
Code.
(4) Approval of the variance will not confer a special
privilege that is denied by the Zoning Ordinance to other
lands since other commercial developments in the City have
received zone variances for building and landscaped setbacks,
and parking requirements.
(5) Granting approval of the applicant's request will not
adversely affect the Comprehensive General Plan.
(6) This application is categorically exempt, Class 1, in
accordance to the California Environmental Quality Act
(C.E.Q.A.).
SECTION 2. The City Council further finds and determines that facts do
exist as required in Section 9164.18 of the Downey Municipal Code justifying
the granting of a Variance.
SECTION 3. Based upon the aforementioned findings, the City Council hereby
grants the appeal of Zone Variance #532 with respect to the property described
in Section 1, subject to the following conditions:
February 9, 1988
Page 2
Resolution No. 497Z
ZV #532
I. PLANNING
1. This approval is to permit development of a one -
story, 14,850 sq. foot commercial center with reduced
building and landscaped setbacks, and the reduction of
one (1) loading space as shown on the revised plot plan
dated November 14, 1987. Deviations for exceptions from
said plot plan and elevation shall not be permitted
without the approval of the City Planning Commission.
2. The City Planning Commission shall retain
jurisdiction to amend or add conditions without further
public notice or hearing to assure compatibility with the
purpose and intent of the Comprehensive Zoning Ordinance
and to protect the public health, safety, and general
welfare.
3. All conditions of Zone variance #532 application
shall be complied with before this Zone Variance becomes
valid.
4. Approval by the Design Review Board for colors,
materials, landscaping /irrigation plans, and building
architecture is required prior to the issuance of a
building permit.
5. A sign plan shall be submitted and approved prior to
the installation of any signs.
6. A trash storage area shall be provided and
permanently maintained either in the building or on the
property having a minimum size of fifty (50) square feet
in area. Said outside storage shall be enclosed with a
solid masonry or opaque metal wall and appropriate gate,
and said enclosure shall not be less than five feet nor
more than seven feet in height, as shown on the approved
plot plan. All storage maintained within the trash
storage area ashall not extend above the height of the
required wall. No trash receptacles or storage shall be
maintained in required parking spaces or driveway.
7. All landscaped areas shown on the plot plan shall be
enclosed by masonry curbing not less than 6" in height
and said landscaping shall be permanently maintained in a
neat and attractive manner in conformance with Section
9152.06.
8. A solid masonry wall not less than five feet six
inches (5'6 ") nor more than seven feet (7') in height
above the finished grade shall be erected and permanently
maintained along the northerly and westerly property
lines. Where there is an existing masonry wall along
said property lines, the required walls shall be
cnstructed as outlined in Section 9152.28 of the Downey
Municipal Code.
9. All conditions of Parcel Map #18235 shall be part of
this application.
10. The provided loading space shall be centrally
located subject to Design Review Board approval.
February 9, 1988
Page 3
Resolution No. 497z
zV #532
II. BUILDING AND SAFETY
11. Separate sewer shall be constructed to the building
to the standards of the City Engeineering and Building
and Safety Divisions.
12. All electrical and telephone utilities shall be
installed underground to the standards of the Engineering
Division and Building and Safety Division.
III.FIRE
13. Provide hydrants of the single 2 -1/2 inch and single
4 inch separately gated outlet type at locations
specified by the Engineering Division and Departments of
Water and Fire.
SECTION 4. The permit hereby allowed is conditional upon the privileges being
utilized within one (1) year after the effective date thereof, and if they not
utilized within said time and carried diligently in accordance with conditions
imposed by the City Council, this authorization shall become void, and any
privilege, permit or variance granted hereby shall be deemed to have elapsed.
SECTION 5. Pursuant to the provisions of the California Code of Civil Procedure,
Section 1094.6 as adopted by the City of Downey City Council by Resolution
No. 3409, judicial review of the City Council's decision regarding this matter may
be had pursuant to Section 1094.5 of the California Code of Civil Procedure
provided a petition is filed no later than the 90th day following the date on
which this decision became final
SECTION 6. The City Clerk shall certify to the adoption of this Resolution
and shall transmit a copy to the Applicant, Building and Safety Division, and
City Planning Division., Engineering Division, and Fire Department.
APPROVED AND ADOPTED this 9th day of February , 19 88 •
ATTEST:
..///ail AM. 1.412,416- /0 4/)--77* )
Jenny ' eu e y k Diane P. Boggs, Mayor'
I HEREBY CERTIFY that the foregoing Resolution is a true copy of a Resolution
adopted by the City Council of the City of Downey at a regular meeting held on
the 9th day of February , 19 68 , by the following vote of the
Council:
AYES: 5 Council Members: Barb, Cormack, Santangelo, Paul, Boggs
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
ABSTAINED: 0 Council Members: None
t; - k enny ' oung
10:Res- CC- Den:llw