HomeMy WebLinkAboutResolution No. 5093 RESOLUTION NO, 5093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, APPROVING ZONE VARIANCE NO. 597
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 Deepak G. and Rupa D. Bondade with respect to the real property
described as follows: 11941 Rives Avenue, Downey , California, requesting a Zone
Variance to Section 9150 of the Downey Municipal Code to establish and maintain a
circular driveway on a parcel having inadequate street frontage, on property zoned
R1 -5000 (Single Family Residential); that a public hearing was duly set for
December 13, 1988, and continued to January 10, 1989 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 given;
that a hearing was duly held at the aforementioned time and place. Studies and
investigation made by the Commission and in its behalf reveal the following facts:
1. Special conditions and circumstances exist which are peculiar to the
land involved which are not generally applicable to other lands in the
same vicinity and zone since the property is of standard size similar to
other properties in the neighborhood and was developed with a circular
driveway which is non - conforming by today's standards.
2. Literal interpretation of the provisions of the ordinance would not
deprive the applicant of rights commonly enjoyed by other properties in
the City under the terms of the Zoning Ordinance since a non - conforming
use or structure may remain as is.
3. Special conditions and circumstances do not result from actions of the
applicant since the non - conforming driveway was an existing condition
that was established prior to the ownership of the applicant and was
removed without the owner's knowledge.
4. Approval of the variance will not confer a special privilege that is
denied by the Zoning Ordinance to other lands since other properties
with less than the required frontage may not be permitted to maintain a
circular driveway unless it was an existing non - conforming condition.
5. Granting approval of the applicant's request will not adversely affect
the Comprehensive General Plan since Rives Avenue is a collector street
in which a circular driveway addresses the traffic safety concerns.
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, with respect to the property described in Section 1, above, approval for
Zone Variance #597, subject to the following conditions:
PLANNING
1. This approval is for the construction of a circular driveway as shown on the
approved plot plan dated September 29, 1988. Deviations or exceptions from said
plot plan shall not be permitted without the approval of the City Planning
Commission.
2. The 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 Comprehansive Zoning Ordinance and to protect the
public health, safety, and general welfare.
3. All conditions of Zone Variance #597 application shall be complied with
before this zone variance becomes valid.
4. If City approval is contingent on any changes to the plans as submitted, the
applicant shall submit three copies of revised plans, incorporating all approved
amendments, overlays, modifications, etc. to the Planning Division prior to the
issuance of building permits.
Resolution No. 5093
Zone Variance #597
Page 2
ENGINEERING
5. There is no objection by the property owner, to the installation, by the
City, of one 5800 lumen high pressure sodium street light on the existing wood
pole near the south property line.
6. There is no objection to the annexation of the property into the Downey City
Lighting Maintenance District (D.C.L.M.D.).
7. The property owner shall execute an agreement for the future installation of
permanent street lighting on Rives Avenue between Stewart and Gray Road and
Brunache Street. The agreement shall be recorded with the County of Los Angeles
and kept on file by the City Engineering Division.
8. The standards of improvement, construction materials, and methods of
construction shall be accomplished in conformance with the standard plans and
specifications as outlined by the City of Downey.
9. All necessary drainage structures shall be approved by the Engineering
Division.
SECTION 4. Pursuant to the provisions of the California Code of Civil Prodecure,
Section 1094.6 as adopted by the City of Downey City Council by Resolution No.
3409, judicial review of the City Council's decisions 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 5. The City Clerk shall certify to the adoption of this Resolution and
shall transmit a copy to the applicant, City Engineering, Building and Safety and
Planning Divisions.
APPROVED AND ADOPTED this 10th day of January , 1989 .
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Robert G. Cormack, Mayor
ATTEST:
Jen .. Ciiil .-
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
City Council of the City of Downey at a regular meeting held on the 10th day
of January , 1989 , by the following vote:
AYES: 5 Council Members: Paul, Barb, Boggs, Hayden, Cormack
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
ABSTAINED: Council Members:
Jen , Y . u : ' 411 erk
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