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Home My WebLink AboutResolution No. 5247 RESOLUTION NO 5247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, STATE OF CALIFORNIA DENYING THE APPEAL AND GRANTING PLOT PLAN #448 THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: $ECTION 1. The City Council does hereby find and determine that an appeal was duly filed by Andrew Pasmant for the "Arrington Avenue Residents ", with respect to the real property described as follows: 8912 Arrington Avenue, Downey, California; said application is for a plot plan development to Section 9158 of the Downey Municipal Code to permit the construction of two (2) single family residences on a 14,400 square foot lot in the R1- 5,000, HFB, Zone; that a public hearing was duly set for January 23, 1990 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. The subject property is within an HFB overlay zone and other plot plans have been approved in the area. 2. The addition of one more single family Uo4ag.:1ies1 dwelliny will nut be detrimental to other properties in the area because the proposal calls for two (2) units on 14,400 square feet of land, or one (1) unit per 7,200 square feet which is above the zoning requirements for the area. 3. The proposal is in compliance with the residential density of the R1- 5,000, HFB, zone. 4. The project complies with the City's General Plan. 5. The proposed project, as recommended, reflects the single family character of the neighborhood, and the C.C.R.'s are private matters and are not enforceable by the City, 6. The City has the responsibility to look to the future in that a renter is not a second class citizen. 7. Some of the concerns expressed by residents are matters that could be referred to code enforcement. 8. The facts exist as required in section 9158 of the Downey Municipal Code justifying the granting of this Plot Plan. 9. 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 that this project has been determined to be a Class III, categorically exempt, project. 2. Based upon the aforementioned findings, the City Council hereby grants with respect to the property described in Section 1, above, a Plot Plan, subject to the following conditions: PLAMM 1. This approval is for two single family dwellings with corresponding required covered off - street parking as shown on the revised plot plan and elevation dated August 25, 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 subject to public notice 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 this approval shall be complied with before this Plot Plan becomes valid. 4. Parking and driveway areas shall be constructed and permanently maintained in conformance with Section 9150 of the Downey Municipal Code. 5. 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. 6. A suitable turnaround area shall be provided for the single family dwelling at the rear of the property so that vehicles can enter the street in a forward manner. gligINEERING 7. Five feet (5') shall be dedicated for right - of -way purposes along Arrington Avenue to the standards of the City Engineering Division. 8. Construction of 32' wide commercial design concrete driveway approach to the standards of the Engineering Division is required. 9. The existing curb depression shall be replaced with curb and gutter to the standards of the City Engineering Division. 10. An agreement for sidewalk shall be filed with the Engineering Division and a parkway tree shall be installed along Arrington Avenue. Said improvements shall be permanently maintained to the standards of the Department of Public works and the City Engineering Division. 11. 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 Arrington Avenue and have not less than a 1% grade, and whenever the grade differential exceeds one foot, a retaining wall shall be required. 12. Property owners shall execute an agreement for the future installation of permanent street lights with underground service which shall be recorded with the Los Angeles County Recorder and kept on file with the Engineering Division. 13. The standards of improvement, ConatrUCtion materials, and methods of construction shall be accomplished in conformance with the standard plans and specifications as outlined by the City of DQwnvy. . Dt7ILDINg AND SAFETY 14. Separate sewer shall be constructed to each building 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. 15. All electrical and telephone utilities shall be installed underground to the standards of the Engineering Division and Building and Safety Division. 16. Obtain all necessary plan approvals and permit. SECTION a. The permit hereby allowed is conditional upon the privileges being utilized within one (1) ear 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 City Council, this authorization shall become void, and any privilege, permit or variance granted hereby shall be deemed to have elapsed. SECTION A. This action shall become final and effective fifteen (15) days after the date of the adoption of this Resolution unless during that time a written appeal is taken to the Downey City council. SECTION 1. If any section, subsection, sentence, clause, phrase or work of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Resolution. The city Council HEREBY DECLARES that it would have passed and adopted this Resolution irrespective of the fact that any one or more of said provisions may be declared to be invalid. SECTION A. 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 Engineering Division. PASSED, APPROVED AND ADOPTED this 23rd day of January, 1990. , ,7/2 'andall '. Barb, Mayor ATTEST: Jet ith E. McDon 2 City Clerk' 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 23rd day of January, 1990, by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Hayden, Paul, Cormack, Boggs, Barb NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: 0 COUNCILMEMBERS: None / f1 ,f 1 ,, Y '� , �r ith E. McDonnell, Ci y Clerk