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HomeMy WebLinkAboutResolution No. 5159 RESOLUTION NO. 5159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING TENTATIVE PARCEL MAP NO. 20196 FOR PROPERTY LOCATED AT 7532 -50 FIRESTONE BOULEVARD, DCH INVESTMENTS AND APPROVING THE NEGATIVE DECLARATION THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey hereby FINDS, DETERMINES and DECLARES that: A. The applicant, DCH investments, filed an application for Tentative Parcel Map No. 20196 for property located at 7532 -50 Firestone Boulevard. The property consists of three rectangular parcels. The requested map consolidates the three parcels into one larger parcel. B. On October 19, 1988, the Planning Commission of the City of Downey held a duly- noticed public hearing on the application for the tentative map and approved the tentative parcel map. C. On October 26, 1988, Jonathan Lehrer- Graiwer, of the Western Center on Law and Poverty, Inc., filed an appeal of the approval of Tentative Parcel Map No. 20196 on behalf of Marian Deaton, Janet Kellums and Carol Orrill, residents of the mobilehome park located on an approximate one acre portion of the 2.90 acre parcel map site. D. Tentative Parcel Map No. 20196 filed by DCH Investments, facilitated the relocation and removal of the mobilehome park, which was not previously proposed by the applicant. This expansion of the commercial project into the mobilehome park had not been considered or approved by the City. E. The City Council duly noticed a public hearing for consideration of the appeal and consideration of the merits of Tentative Parcel Map No. 20196 for November 22, 1988. The public hearing was opened and continued to January 10, 1989, at which time the hearing was further continued to January 24, 1989 and January 31, 1989, at which time the Council received oral and written testimony. The City Council granted further continuances to permit the applicant, DCH Investments and the appellant, The Western Center on Law and Poverty, Inc., and mobilehome park residents, to negotiate housing issues. The public hearing was continued to February 12, 1989, February 28, 1989, March 14, 1989 and March 28, 1989. At the March 28, 1989 public hearing, DCH agreed to extend the consideration of the tentative parcel map and to continue the hearing in accordance with the provisions of applicable law. The public hearing was continued to June 13, 1989. F. The applicant, DCH Investments, and the appellants, The Western Center on Law and Poverty and the mobilehome park residents were successful in their negotiations and reached an agreement, which all parties signed. Page 2 Resolution No. 5159 G. Subject to the conditions herein, approval of Tentative Parcel Map No. 20196 will result in the conversion of the mobilehome park on a portion of the property to another use. Therefore, an impact report on the conversion of the mobilehome park has been prepared pursuant to Government Code Section 65863.7. The mobilehome park conversion report has been reviewed and approved by the City Council pursuant to Resolution No. 5158 , date June 13 , 1989. H. In taking this action, the City Council has considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. SECTION 2. The City Council of the City of Downey HEREBY FINDS from the facts presented below that the approval of Tentative Parcel Map No. 20967 is consistent with Section 66474 of the Subdivision Map Act, as follows: A. The proposed map is consistent with the commercial general plan designation and the C2 (General Commercial) zoning. The proposed automotive dealership is permitted by the zoning and envisioned by the general plan,. B. The design of the improvements and subdivision is consistent with the general plan. The map permits the merger of three smaller parcels, resulting in better land use planning. C. The site is physically suitable for the type of development. The 2.90 acre site has no physical limitations; it is flat and has access from a major highway. D. The site is physically suitable for the density of development. Lot coverage does not exceed 35 percent. All building setbacks, parking and sufficient landscaping are being provided. E. The design of the subdivison and the proposed improvements will not cause substantial environmental damage. Conditions of approval and mitigation measures imposed have reduced or eliminated environmental impacts. F. The design of the subdivision and improvements will not cause serious public health problems. G. The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of, property. Conditions of approval protect access to the mobilehome park, preserves City utility easements and requires right -of -way dedications. Page 3 Resolution No. 5159 SECTION 3. An initial study of environmental impact and a proposed negative declaration have been prepared for this tentative parcel map application in accordance with the California Environmental Quality Act. Previously a negative declaration was approved by the Council for the Dispositon and Development Agreement between the Downey Community Development Commission and the Applicant and an Evironmental Impact Report was approved by the Council and Commission for the Redevelopment Plan for the area in which the Project is located. Based upon the information contained in said documents, the documents on record for this application and the comments received in the public review process, the City Council hereby finds that although the proposed project could have a significant effect upon the environment, there will not be significant effect in this case because the mitigation measures described in the initial study have been added to the Project and are binding on the Applicant. Accordingly, the City Council hereby certifies and approves the negative declaration for Tentative Parcel Map No. 20196. SECTION 4. Having considered all the oral and written testimony presented at the public hearings and based upon the facts and findings presented in Sections One, Two and Three of this Resolution, the City Council of the City of Downey HEREBY DENIES the appeal of Tentative Pacel Map No. 20196. SECTION 5. Having considered all the oral and written testimony presented at the public hearings and based upon the facts and findings presented in Sections One, Two and Three of this Resoultion, the City Council of the City of Downey HEREBY _ APPROVES Tentative Parcel Map No. 20196, subject to the following conditions: A. This approval is for a tentative parcel map to consolidate three (3) parcels of land into a single parcel as shown on the approved revised tentative parcel map, attached to this Resolution as Exhibit A. Deviations shall not be permitted without the approval of the City Planning Commission. B. The Planning Commission shall retain jurisdiction to amend or add conditions with further public notice and hearing to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and welfare. C. A final parcel map shall be reviewed and approved by the City Council prior to issuance of the Certificate of Occupancy. D. Ten feet (10') shall be dedicated for right -of -way purposes along Firestone Boulevard to the standards of the City Engineering Division. E. Curb, gutter and pavement shall be constructed along Firestone Boulevard to the standards of Caltrans and the City Engineering Division. F. Construction of cement concrete driveway approaches shall be per Caltrans and City Engineering Division standards and specifications. G. The unused existing curb depressions shall be replaced with curb and gutter to the standards of Caltrans and City Engineering Division standards. H. Standard width sidewalk, shall be installed along Firestone Boulevard and said improvements shall be permanently maintained to the standards of Caltrans and the Engineering Division. Page 4 Resolution No. 5159 I. An engineered grading and drainage plan for the site shall be submitted by the developers for approval by the Engineering Division and Building and Safety Division, and the site plan shall drain to Firestone Boulevard, and have not less than one percent (1 %) grade, and whenever the grade differential exceeds one foot, a retaining wall shall be required. J. The grading plan shall indicate the location of the six foot chain link fence separating the mobilehome park from the automotive dealership. The grading plan shall also indicate the method of grading and drainage for the entire site, after removal of the remaining trailers. Interim drainage measures may be required to insure proper drainage around the mobile park during the period of time when the automotive dealership has not expanded to use the entire 2.90 acre site. K. The standards of improvement, construction, materials, and methods of construction shall be accomplished in conformance with standard plans and specifications as required by the City Engineering Division and Caltrans. L. All necessary drainage structures shall be approved by the Engineering Division. If located within Caltrans right of -way, drainage structures shall also be approved by Caltrans. M. Applicant or successors in interest shall supply a traffic study to the City, incorporating recommendations into the final improvement plans. N. Applicant or successors in interest shall obtain any necessary permits from the State Department of Housing and Community Development for the removal and relocation of mobile home units. 0. Removal of the trailers shall comply with the phasing plan on file with this application. Interim site plans may be required, if in the judgement of the City, they are necessary to protect the public health, safety and welfare. P. Applicant or successors in interest shall grant access to the residents, guests and service vehicles for the mobilehome park. The western most access, as shown on Exhibit A, shall be reserved for access and agress from the mobilehome park. 0. Demolition permits shall be obtained for all permanent structures to be removed, including the restaurant, muffler shop and laundry facility. P. Applicant or successors in interest shall supply revised building plans, indicating the current intended dealership plan and the dealership plan at build out after removal of the mobilehome park. Q. Prior to the issuance of grading permits the applicant or successors in interest shall supply the City with copies of the site plan of the automotive dealership as anticipated at completion. R. The contingency set forth in the Agreement between the mobilehome park residents and the applicant described in Section 1.F. above which provides that Applicant may terminate the Agreement if certain permits or assurances are not received, shall be satisfied and all other conditions precedent to Applicant's obligation to fully perform under said agreement shall be satisfied before approval of the final map. Said Agreement shall be in full force and effect. Page 5 Resolution No. 5159 SECTION 6. Pursuant to the provisions of California Code of Civil Procedure Section 1094.6, as adopted by Resolution No. 3406, judicial review of the City Council's decision regarding this matter may be made pursuant to Section 1094.5 of the California Code of Civil Procedure provided that a petition is filed not later than the ninetieth (90th) day following the date of this resolution. The City Clerk shall send a certified copy of this resolution to the Applicant and Appellants at the addresses contained in the record, which mailing shall constitute notice to them of the City Council decision. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED and ADOPTED this 13 'y o Jun e' 1989. - //'; ..1; - - - - - - --- / , , - - - 4 obert G. Lormack, yor ATTEST: Ciz` _ 4 + -i \ I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting thereof, held on the 13 day of June 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: 0 COUNCIL MEMBERS: None N U k -- _ - _67 47.-- - JE,. . Y' kNG i„EL Y, CI P Y T LERK t__ \_ _, k, ,L__ / 17:RESODCH3