HomeMy WebLinkAboutResolution No. 5223 RESOLUTION NO. 5223
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, STATE OF CALIFORNIA,
DENYING THE REQUEST TO SET APPEAL
HEARINGS FOR PLOT PLAN NO. 452, LOCATED
AT 9001 ARRINGTON AVENUE AND PLOT PLAN
NO. 453, LOCATED AT 8832 ARRINGTON
AVENUE, DOWNEY
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey
does hereby find, determine and declare that:
A. The Planning Commission of the City of Downey
approved Plot Plan No. 452 on March 15, 1989 in
accordance with Section 9158 of the Downey
Municipal Code; and
B. In accordance with Section 9160.08 of the
Downey Municipal Code, the appeal period for Plot
Plan No. 452 expired fifteen days after approval on
March 30, 1989; and
C. The Planning Commission began discussions on
Plot Plan No. 453 on April 19, 1989, continuing
discussions to May 3, 1989 and May 17, 1989;
D. The Planning Commission approved Plot Plan No.
453 on May 17, 1989, in accordance with Section
9158 of the Downey Municipal Code, discussing such
factors as plot plans in the.vicinity; and
E. In accordance with Section 9160.08 of the
Downey Municipal Code, the appeal period for Plot
Plan No. 453 expired fifteen days after approval on
May 31, 1989; and
F. On July 3, 1989 a certain property owner on
Arrington, Andrew Pasmant, filed an appeal, without
the required fee, to Plot Plan No. 453; and
G. On August 21, 1989 certain property owners and
residents on Arrington Avenue filed an appeal,
without the required fee, to Plot Plan No. 452; and
H. On August 22, 1989 the City Council heard
testimony from interested members of the public,
including the appellant Andrew Pasmant, and
discussed establishing appeal hearings for Plot
Plan Nos. 452 and 453, continuing the matter to
September 12, 1989; and
I. On September 12, 1989 the City Council heard
testimony from interested members of the public,
including the appellant Andrew Pasmant, reviewed ._
the request to establish an appeal hearing, and
continued the matter to October 10, 1989; and
J. On October 10, 1989 the City Council fully
considered the plot plan applications, previous
testimony and pertinent facts.
SECTION 2. The City Council hereby finds that
the approvals of Plot Plans Nos. 452 and 453 will not
threaten significant loss of property rights for the
surrounding residents in that:
A. Each property is located in the H -FB Overlay
zone and the R1 -5000 zone; and
B. The additional homes are in compliance with
the density requirements of the R1 -5000 zone; and
C. The additional homes are in conformance with
the General Plan; and
D. Plot Plans Nos. 452 and 453 will only add a
net of two units to a street zoned for multiple
unit developments; and
E. There will be no interference with access to
existing property owners on Arrington Avenue; and
F. Arrington Avenue is a dedicated fully improved
street and traffic will not be affected by the plot
plans; and
G. No air quality impacts will occur from the two
homes; and
H. The projects are categorically exempt from the
provisions of the California Environmental Quality
Act; and
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I. The north end of Arrington Avenue is zoned and
developed C -2 (general commercial); To the
immediate east and west of Arrington Avenue are
neighborhoods zoned and developed R -2 (two family
residential) and R -3 (medium density residential),
respectively, including a 129 unit, 16 building
apartment complex to the west and a 30 plus unit
townhome development to the east. A true and
correct copy of the zoning map for the area is
attached hereto and incorporated herein by this
reference as Exhibit 1.
J. Due to the adjacent development, plot plan,
and other development on the street, the single
family character of the neighborhood has eroded.
The proposed new single story detached homes are
behind the existing single family houses so that
the character of the neighborhood will not be
changed; and
SECTION 3. Because there is no potential signi-
ficant loss of property rights, the City Council hereby
determines that legal notice was not required on the action
of the Planning Commission in accordance with Section 9158
of the Downey Municipal Code.
SECTION 4. Based on the foregoing, the City
Council hereby denies the request to set appeal hearings for
Plot Plan Nos. 452 and 453 since these appeals were neither
filed timely, nor accompanied by an appeal fee.
SECTION 5. Plot Plan Nos. 452 and 453 are
categorically exempt under the provisions of CEQA.
SECTION 6. The City Clerk shall certify the
adoption of this Resolution.
PASSED, APPROVED AND ADOPTE' this 30th day of
October , 19 89.
ATTEST : •. •
(-)LieLak CITY CL RK
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i
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 thereof, held on the 30th day of
October , 1989 , by the following vote to wit:
AYES: 5 COUNCILMEMBERS: Paul, Hayden, Cormack, Boggs, Barb
NOES: 0 COUNCILMEMBERS: None
ABSENT :0 COUNCILMEMBERS: None
CITY CLERK
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