HomeMy WebLinkAboutResolution No. 5135 RESOLUTION NO. 5135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, GRANTING THE APPEAL AND
GRANTING ZONE VARIANCE NO. 627
The City Council of the City of Downey does resolve as follows:
SECTION 1. The City Council does hereby find and determine that an appeal of the
Planning Commission decision to deny Zone Variance #627, was duly filed by Mr. Joe
Heatherington, the original applicant, with respect to the real property addressed,
12443 Dunrobin Avenue, Downey, California. This requested Zone Variance to Section
9114 of the Downey Municipal Code is to exceed the R -3 residential density standards
to allow development of a five (5) unit apartment complex. A public hearing was set
for April 25, 1989, at 7 :30 p.m., in the Council Chamber of the Downey City Hall,
11111 Brookshire Avenue, Downey, California. Notice of the date, time, place and
purpose of aforesaid hearing was duly given; and that a hearing was duly held at the
aforementioned time and place. The City Council, in its deliberations, considered
all of the information presented to it at the public hearing, including but not
limited to, written reports of the City Staff, the public record as it pertained to
the Planning Commission hearing on this case, testimony and documentary evidence
submitted by the public and the property owner, and finds that:
1) Special conditions and circumstances exist which are peculiar to the land
involved which are not generally applicable to other lands in the vicinity
and zone because this property is located in a neighborhood which is, in
part, developed with more intense developments.
2) Literal interpretation of the provisions of the ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the City
under terms of the Zoning Ordinance because similar zone variances have
been granted under similar circumstances allowing density increases for
other R -3 properties.
3) Special conditions and circumstances do not result from actions of the
applicant because this property was subdivided many years ago when Code
Standards were different and this lot size does not reflect an adjustment
for these changed standards.
4) Approval of the variance will not confer a special privilege that is
denied by the Zoning Ord i ance to other lands since a condition will l i m i t
the intensity of the subject property by the approval of only one (1)
three - bedroom unit and four (4) two - bedroom units.
5) Granting approval of the applicant's request will not adversely affect the
Comprehensive General Plan due to the fact that the City's General Plan
Land Use Element presently allows multiple residential development in this
area.
SECTION 2. An Initial Study of Environmtental Impact and a Negative Declaration
have been prepared for the project in accordance with the provisions of the
California Environmental Quality Act and the State CEQA Guidelines. Prior to
approving the project, the City Council considered the Inital Study and Negative
Declaration together with any comments received during the public review process.
Page 3
Zone Variance #627
Resolution No. 5135
7. Parking, driveway, and landscaping areas shall be constructed and
permanently maintained in conformance with Sections 9150 and 9152 of
the Downey Municipal Code.
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 northern, southern and
western property lines of this site. Where there is an existing
masonry wall along said property lines, the required walls shall be
constructed as outlined in Section 9152.28 of the Downey Municipal
Code.
9. 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.
ENGINEERING
10. The applicant shall construct a commerical cement concrete driveway
approach, which must be built to City standards.
11. The applicant shall replace any unneeded existing curb depressions
with curb and gutter to the standards of the City Engineering
Division.
12. The applicant shall construct a standard width sidewalk, and shall
plant parkway trees along Dunrobin Avenue. Said improvements shall be
permanently maintained to the standards of the Department of Public
Works and the City Engineering Division.
13. An engineered grading plan and drainage plan for the site shall be
submitted by the developers for approval by the Engineering Division
and Building and Safety Division, and all lots shall drain to Dunrobin
Avenue and have not less than a 1% grade, and whenever the grade
differential exceeds one foot, a retaining wall shall be required.
14. The property owner shall execute an agreement for the future
installation of permanent street lighting on Dunrobin Avenue between
Imperial Highway and Spry Street. The agreement shall be recorded
with the County of Los Angeles and kept on file by the City
Engineering Division.
15. 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.
16. All necessary drainage structures shall be approved by the Engineering
Division.
Page 2
Zone Variance #627
Resolution No. 5135
On the basis of the Initial Study and any comments received in the public review
process, the City Council finds, determines and declares that there is no
substantial evidence that the project may have a significant adverse effect on the
environment. The City Council hereby, approves the Negative Declaration for the
project."
SECTION 3. The City Council further finds and determines that facts exist as
required in Section 9164.18 of the Downey Municipal Code justifying the granting of
a Variance.
SECTION 4. Based upon the aforementioned findings, the City Council hereby grants
with respect to the property described in Section 1, above , a Variance subject to
the following conditions:
PLANNING
1. This approval is for an increase in density to allow a total of five
(5) multiple family residential units, comprised of one (1) three -
bedroom unit and four (4) two- bedroom units, on a property which
contains 9,840+ square feet of land area, as shown on the approved
plot plan, floor plan and elevation dated March 6, 1989. Deviations
or exceptions from said plot plan, floor plan and elevation 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 Comprehensive Zoning
Ordinance and to protect the public health, safety, and general
welfare.
3. All conditions of Zone Variance #627 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 shall not extend
above the height of the required wall. No trash receptacles or
storage shall be maintained in required parking spaces or driveway.
Page 4
Zone Variance #627
Resolution No. 5135
BUILDING AND SAFETY
17. Separate sewer shall be constructed to each building to the standards
of the City Engineering and Building and Safety Divisions.
18. All electrical and telephone utilities shall be installed underground
to the standards of the Engineering Division and Building and Safety
-- Division.
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 Procedures providing
petition is filed no later than the ninetieth (90) day following the day on which
this decision becomes 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.
APPROVED AND ADOPTED this 25th day of April , 1989.
•
rt Corm c , Mayor
ATTEST:
-- J e tip A - F t tiftwor . ty C erk
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 9th day
of May , 1989, by the following vote:
AYES: 4 Council Members: Paul, Barb, Hayden, Cormack
NOES: 0 Council Members: None
ABSENT: 1 Council Members: Boggs
ABSTAINED: 0 Council Members: gone
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me. Aft
Jeni0 Yo1 Cit " erk
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