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HomeMy WebLinkAboutResolution No. 5189 RESOLUTION NO. 5189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DENYING THE APPEAL AND GRANTING CONDITIONAL USE PERMIT NO. 288 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 A6.11, was duly filed by Gladys Weyant, with respect to the real property described as follows: 8546 Stewart and Gray Road and 8555 Cole Street, a request for a Conditional Use Permit to extend an R -2 development into the R -1 zone; that a public hearing was duly set for June 27, and continued to July 11 and July 25, 1989, at 7:30 p.m. in 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 investigations made by the City Council during the public hearing to include Staff reports, written correspondence and testimony presented, revealed the following facts: 1. That the requested Conditional Use Permit will not adversely affect the purpose and intent of this Chapter or the City's General Plan or the public convenience or general welfare of persons residing or working the neighborhood because the extension of the R -2 development into the R -1 portion of the subject site is at the rear of said portion and does not encroach more than fifty (50') feet in that portion. 2 . The requested use w i l l not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the existing and proposed R -2 development is consistent with the City's General Plan and Zoning. 3. That the size and shape of the site proposed for the use is adequate to allow the full development and operation of the proposed use in a manner not detrimental to the particular area because the subject site can adequately accommodate the proposed development without affecting the surrounding residences. 4. That the traffic generated b y the proposed use w i l l not impose an undue burden upon the streets and highways in the area because, according to the City's Master Plan of Streets and Highways, Stewart and Gray Road is a Secondary Highway and the subject site will provide adequate off - street parking. 5. That the environmental impact of the proposed project has been reviewed and has been certified to be in compliance with the California Environmental Quality Act (C.E.Q.A.) and the City's Guidelines, and is Class III categorically exempt. SECTION 2. The City Council further finds and determines that facts exist as required in Section 9166.12 of the Downey Municipal Code justifying the granting of a Conditional Use Permit. Resolution No. 5189 Conditional Use Permit #288 Page 2 SECTION 3. Based upon the aforementioned findings, the Council hereby grants with respect to the property described in Section 1, above, a Conditional Use Permit subject to the following conditions: �•" PLANNING 1. This approval is for the construction of one duplex (two additional residential units) on the R -2 zoned portion of the property, as shown on the approved plot plan dated February 9, 1989. Deviations or exceptions from said plot 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 Conditional Use Permit #288 application shall be complied with before this Conditional Use Permit becomes valid. 4. Approval by the Design Review Board for colors, materials, and building architecture is required prior to the issuance of a building permit. 5. 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. 6. 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 7. 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 Stewart and Gray Road and have not less than a 1% grade, and whenever the grade differential exceeds one foot, a retaining wall shall be required. Resolution No. 5189 Conditional Use ermTt #288 Page 3 8. The property owner hereby agrees not to object to the annexation of the property into the Downey City Lighting Maintenance District, along Stewart and Gray Road. 9. The property owner shall execute an agreement for the future installation of permanent street lighting along Stewart and Gray Road between Brookshire Avenue and Patton Road. The agreement shall be recorded with the County of Los Angeles and kept on file by the City Engineering Division. 10. 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. 11. All necessary drainage structures shall be approved by the Engineering Division. BUILDING AND SAFETY 12. Separate sewer shall be constructed to each residence to the standards of the City Engineering and Building and Safety Divisions or a sewer covenant shall be recorded with the Los Angeles County Recorder, and a copy filed with the City Planning Division. 13. All electrical and telephone utilities shall be installed underground to the standards of the Engineering Division and Building and Safety Division. SECTION 4. Pursuant to the provisions of 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 made pursuant to Section 1094.5 of the California Code of Civil Procedure provided that a petition is filed no 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 at the address contained in the record, with copies to the Planning, Building and Safety, and Engineering Divisions, which mailing shall constitute notice to them of the City Council's decision. ADOPTED AND APPROVED this 8th day of August , 1989. Rands 1 ar , Mayor ATTEST: . / /_ e YOUl :. .1k 1 y 114.r Resolution No. 5189 Conditional Use Permit #288 Page 4 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 8th day of August 1989, by the following vote of the Council. AYES: 5 Councilmembers: Hayden, Paul, Cormack, Boggs, Barb NOES: 0 Councilmembers: None ABSENT: 0 Councilmembers: None ABSTAINED: 0 Councilmembers: None d en . y, er RMY:ts 32:reso288cc