HomeMy WebLinkAboutResolution No. 5301 RESOLUTION NO. 5301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING THE APPEAL AND
DENYING ZONE VARIANCE NO, 687
The City Council of the City of Downey does resolve as follows:
~ SECTION 1. The City Council does hereby find and determine that an appeal was
duly filed by Jorge Negrete for Jose Vi|chez with respect to the real property
described as follows: 7069 Dinwiddie Street, Downey, California; requesting a Zone
Variance to Section 9I10 of the Downey Municipal Code to allow three units on a
parcel in the R1~6,000 zone with less than I6,000 square feet; that a public
hearing was duly set for Mdy 8, 1990, at 7:30 p.m., in the Council Chamber of the
Downey City Hall, I1111 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:
I. Special conditions and circumstances do not exist which are peculiar to
the land involved which are not generally applicable to other lands in
the same vicinity and zone to justify a 470± square foot reduction in
land area to support a third dwelling unit.
2. Literal interpretation of the provisions of the ordinance would not
deprive the applicant of rights commonly enjoyed by other properties in
the City under the terms of the Zoning Ordinance since sufficient area
exists Co allow two dwelling units on the property which is zoned R1-
b,000.
._� 3. Special conditions and circumstances would result from actions of the
applicant if the variance were approved which would perpetuate
residential densities that do not conform with the minimum requirements
of the zone.
4. Approval of the variance will establish a special privilege that is
denied by the Zoning Ordinance to other lands by allowing residential
densities to extend the area requirements of the Zoning Ordinance,
b, Granting approval of the applicant's request will adversely affect the
Comprehensive General Plan by allowing a development which would be
contrary to the General Plan policies,
6. That the environmental impact of the proposed development has been
reviewed and has been certified to be in compliance with the California
Environmental Quality Act (CEQA) and the City's Guidelines, and that
this project is Class 3, Categorically Exempt.
Page 2
Zone Variance #63
Resolution No. 5301
SECTION 2. The City Council further finds and determines that facts do not exist
as required in Section 9164.18 of the Downey Municipal Code to justify the
granting of a Variance.
SECTION 3. Based upon the aforementioned findings, the City Council hereby denys
with respect to the property described in Section 1, above, a Zone Variance.
SECTION 4. 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 remai ni ny
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 provision may be declared to be invalid.
SECTION 5. Pursuant to the provisions of the 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
had pursuant to Section 1094.5 of the California Code of Civil Procedure providing
a petition is filed no later than the ninetieth (90th) day following the day on
which this decision becomes final.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and
shall transmit a copy to the Applicant, Planning, Building and Safety and City
Engineering Divisions.
APPROVED AND ADOPTED this 12th day of June , 1990.
1 71 /, '.1,/ fit. .4/ i t
Randall R. Barb, Mayor
ATTEST:
r �1
City Clerk
I HEREBY certify that the foregoing is a true copy of d Resolution adopted by the
City Council of the City of Downey at a regular meeting held on the 12th day
of June , 1990, by the following vote:
AYES: 4 Councilmember: PAUL, CORMACK, BOGGS, BARB
NOES: 1 Councilmember: HAYDEN
ABSENT: 0 Councilmember: NONE
ABSTAINED: Councilmember: NONE
City Clerk
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