HomeMy WebLinkAboutResolution No. 5190 RESOLUTION NO. 5190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING THE APPEAL AND
GRANTING ZONE VARIANCE NO. 638
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 Joseph Penwell with respect to the real property described as
follows: 10033 Paramount Boulevard, Downey, California, requesting a Zone Variance
to Section 9124.08(c)(3) of the Downey Municipal Code to allow the reduction of the
rear yard setback for a commercial center in the C -2 (General Commercial) zone; that
an appeal was filed by Alexander Haus, attorney for Mamie Milano, owner of subject
property; that a public hearing was duly set for July 25, 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.
The City Council has considered all of the information presented to it at the public
hearing, including, but not limited to, written reports of the City Staff and
testimony and documentary evidence submitted by 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
same vicinity and zone since the subject parcel is a subleased portion
of a large parcel which makes up the entire commercial development on
the northwest corner of Paramount Boulevard and Florence Avenue.
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 because the site has an area and
configuration which substantially limits the area available for the
development of the project.
3. Special conditions and circumstances do not result from actions.of the
applicant because the subject property was leased with the existing
parcel configuration which was established many years ago.
4. Approval of the variance will not confer a special privilege that is
denied by the Zoning Ordinance to other lands because the proposed
development is consistent with the existing setbacks required by the
City for the adjacent commercial developments which are similarly zoned
properties.
5. Granting approval of the applicant's request will not adversely affect
the Comprehensive General Plan because the subject site is slated, in
the City's General Plan, for general commercial developments and the
proposed project involves the construction of a retail commercial
center.
l i
Resolution No. 5190
Zone Variance #638
Page 2
6. Under the case of Shell Oil Co. vs. City and County of San Francisco
(1983) 139 Cal.App.3d 917, ownership is defined broadly to include
lessees of property. Interpreting code language similar to our own, the
court in Shell held that a lessee qualified as an owner with standing to
apply for a conditional use permit. Based on the Shell case, the City
Council finds and determines that the applicant as lessee of the
subject property, qualifies as an owner within the meaning of Downey
Municipal Code Section 9164.06 and is thereby authorized to seek a zone
variance.
7. In approving the application for the subject zone variance, the City
Council recognizes that there is a dispute between the owner (lessor) of
the subject property and the applicant (lessee) with regard to the terms
of their lease agreement. Like the Planning Commission, the City
Council's role is also confined to determining the appropriate land use
conditions for the subject property and it makes no finding regarding
the lease or the applicant's right to build on the subject property.
The decision to grant Zone Variance #638 is based solely on the
application before it and on the information and testimony presented in
connection therewith. Any dispute regarding the terms of the lease must
be resolved by the applicant and the lessor themselves in a separate
form.
SECTION 2. An Initial Study of Environmental 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 Initial Study and Negative
Declaration together with any comments received during the public review process.
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 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 the reduction of the required 15 foot rear yard
building setback in order to construct a single story commercial
building containing approximately 5,400 square feet as shown on the
approved plot plan and elevation dated April 20, 1989. Deviations or
exceptions from said plot plan and elevation shall not be permitted
without the approval of the City Planning Commission.
Resolution No. 5190
Zone Variance #638
Page 3
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 #638 application shall be complied with
before this Zone Variance becomes valid.
4. Approval by the Design Review Board may be required for colors,
materials, and landscaping /irrigation plans 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.
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. Parking, driveway, and landscaping areas shall be constructed and
permanently maintained in conformance with Sections 9150 and 9152 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.Construction of cement concrete driveway approaches shall be commercial
type, 30 feet wide.
11.The existing curb depression shall be replaced with curb and gutter to
the standards of the City Engineering Division.
Resolution No. 5190
Zone Variance #638
Page 4
12. 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 Paramount
Boulevard and have not less than a 1% grade, and whenever the grade
differential exceeds one foot, a retaining wall shall be required.
13. One (1) 22,000-lumen high pressure sodium street light shall be
installed, by the property owner, on a new marbelite standard with
underground service along Paramount Boulevard near the northerly
property line.
14. 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.
15. All necessary drainage structures shall be approved by the Engineering
Division.
BUILDING AND SAFETY
16. Separate sewer shall be constructed to each unit 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.
17. All electrical and telephone utilities shall be installed underground
to the standards of the Engineering Division and Building and Safety
Division.
18. The applicant shall obtain all necessary plan approvals and permits
prior to any construction.
SECTION 5. The permit hereby allowed is conditional upon the privileges being
utilized within one (1) year after the effective date thereof, and if they are not
utilized or construction work is not begun within said time and carried diligently
in accordance with conditions imposed by the Commission, this authorization shall
become void, and any privilege, permit or variance granted hereby shall be deemed to
have elapsed.
SECTION 6. 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.
Resolution No. 5190
Zone Variance #638
Page 5
APPROVED AND ADOPTED this 8th day of August, 1989.
'an•all R. Bars, Mayor
Attest:
Je f • • -' el. ity CC1 er
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:
AYES: 4 Council Members: Hayden, Cormack, Boggs, Barb
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
ABSTAINED: 1 Council Members: Paul
Je • • _ ty- ,—C 'ty Cler