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HomeMy WebLinkAboutResolution No. 5469RESOLUTION NO. 5459 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING THE APPEAL AND APPROVING ZONE VARIANCE 91 -84 FOR THE PROPERTY AT THE NORTHWEST CORNER OF THE LAKEWOOD /FIRESTONE BOULEVARD INTERSECTION, IN THE C -3 (CENTRAL BUSINESS DISTRICT) ZONE THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine, and declare that: A. An application was duly filed by Moses Lerner (hereinafter "Applicant ") for a variance to Sections 9126 and 9152 of the Downey Municipal Code to allow development of a multi- tenant commercial center with a 40' side yard setback and reduced -width landscape planter on a parcel in the C -3 (Central Business District) zone at the northwest corner of Lakewood Boulevard and Firestone Boulevard (hereinafter "Subject Property "). B. The City Council held a duly- noticed public hearing on July 23, 1991 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. g approving Zone Variance 91 -84. SECTION 2. 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 and finds that: A. Special conditions or circumstances exist which are peculiar to the land, and building involved and which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone. This property is irregularly shaped and fronts onto two busy State highways which affect site access and the orientation of structures. The western property line jogs, and the parcel abuts properties in two different zones,, with different setback requirements. These factors make site planning for this property difficult. Other parcels in Downey —even those in the same area and zone as the subject property — typically do not share this combination of irregularities and constraints. RESOLUTION NO. 5469 ZONE VARIANCE 91 -84 PAGE 2 B. Literal interpretation of the zoning ordinance would deny the applicant rights commonly enjoyed by other properties in the same vicinity and zone in which the property is located. Other parcels in the C -3 zone are permitted to cover up to 50% of the lot area with structures. Setback requirements triggered by the residential property adjacent to this site restrict over 10 percent of this parcel's area, adding to restrictions on building placement imposed by parking, and circulation requirements. C. Special conditions and circumstances did not result from the action of the applicant. The configuration of this site reflects a pattern of parcel design and land subdivision created in 1925, before the applicant owned this property. D. Granting this variance will not confer special privilege on the applicant. The shape of this property and access to it are highly unusual in Downey and these conditions affect few, if any, other properties in the City. Restrictions imposed by this configuration and by frontage along both Firestone and Lakewood — neither of which is developed as needed — create a hardship for site planning on this land. Granting this variance would provide relief to this hardship rather than special privilege. This variance would allow the applicant to develop the property with improvements and intensity typical of development in the C -3 zone. In addition, another C -3 property adjoining to the residential parcel adjacent to subject property does not provide the required setback or landscaped planter. The structure on that land maintains a setback of only 4' with no landscaping. E. The granting of this variance will be consistent with the General Plan. This property is designated in the General Plan as General Commercial, which allows for development of multi- tenant commercial centers. F. The conditions imposed on the Subject Property by this action are necessary to preserve the health, safety and general welfare of the community and enable the City Council to make the findings set forth in this resolution. The conditions are fair and reasonable for the accomplishment of these purposes. RESOLUTION NO. 5469 ZONE VARIANCE 91 -84 PAGE 3 G. In taking this action, the City Council has considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. SECTION 3. This proposal as reviewed under the California Environmental Quality Act is Categorically Exempt, Class 5, because it involves minor alterations in land use limitations. SECTION 4. Based upon the findings set forth in Sections 1 and 2 and the conditions of approval attached hereto as Exhibit "A ", the City Council of the City of Downey hereby grants, with respect to the subject property, said variance. ,SECTION 5. Pursuant to Government Code Section 65907 and Code of Civil Procedure Section 1094.6, any action or proceeding to attach, review, set aside, void or annul this decision, or concerning any of the proceedings, acts, or determinations taken, done or made prior to such decision, or to determine the reasonbleness, legality or validity of any condition attached to this decision shall not be maintained by any person unless the action or proceeding is commenced within ninety (90) days of the date of this Resolution and the City Council is served within one hundred twenty (120) days of the date of this Resolution. The City Clerk shall send a certified copy of this Resolution to the Appellant at the address of said person set forth in the record of the proceedings and such mailing shall constitute the notice required by Code of Civil Procedure 1094.6 SECTION... The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF JULY, 1991. Barbara J. Hayden,ayor ATTEST: ,- -\ 7 t /n { l4, City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Downey at a regular meeting thereof held on the 23rd day of July,. 1991 by the following vote: AYES: 5 Councilmember: Cormack, Boggs, Paul, Brazelton, Hayden NOES: 0 Councilmember: None ABSENT: 0 Councilmember: None ABSTAINED: 0 Councilmember: None 1 City Clerk RESOLUTION NO. 5169 ZONE VARIANCE #91 -84 PAGE 4 PLANNING 1. This approval is to allow construction of one single- story, multi- tenant commercial center of approximately 10,900 square feet on a parcel at the northwest corner of Lakewood Boulevard and Firestone Boulevard as shown in the approved revised plot plan dated June 27, 1991 and elevations dated May 3, 1991. Said commercial center shall be permitted to maintain a 40' setback from the northwesternmost property line, shared by residential parcels on Marbel Avenue. Said commercial center shall also be permitted a three foot (3') wide planter area adjacent to said property line. The freestanding sign tower as shown on the plot plan and elevations does not meet Downey Municipal Code requirements and is not part of this approval. Further deviations or exceptions for 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 condi- tions with 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 91 -84 shall be complied with before this Zone Variance becomes valid. All conditions of Conditional Use Permit 91 -58 shall also be part of this approval. 10: zv9184. res EXHIBIT "A"