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HomeMy WebLinkAboutResolution No. 5518 RESOLUTION NO. 5518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. 91 -78 FOR THE PROPERTY LOCATED AT 8036 ORANGE STREET THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. An application was filed by Gary & Joyce Almas (hereinafter "Applicant ") requesting a Conditional Use Permit per Section 9106.12 of the Downey Municipal Code to allow construction of a four (4) unit condominium development in an R2 and C1 zone on property located at 8036 Orange Street, Downey (hereinafter "Subject Property "). B. The Planning Commission held a duly noticed public hearing on October 16, 1991 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1508, denying the conditional use permit. C. An appeal was filed on October 25, 1991, by George Hansen, on behalf of the owners, Joyce and Gary Almas, requesting Council reconsider the Planning Commission decision. D. The City Council held a duly noticed public hearing on November 26, and December 10, 1991, to consider said appeal and fully and carefully considered all oral and written testimony and all facts and opinions offered at the aforesaid public hearing prior to adopting this resolution. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearings, the City Council finds, determines and declares that: A. Such lot would be created in good faith and that the expanded lot would be created to provide a use for a strip of land which due to its placement between the subject lot and the property located immediately to the south of this strip of land, would remain undeveloped. B. The granting of this Conditional Use Permit would be in keeping with the spirit of this chapter of the City's Zoning Ordinance because it would specifically allow use of a portion of a site which otherwise would not normally be developed and because it promotes the development of housing as encouraged in the City General Plan Housing Element. Resolution No. 5518 CUP #91 -78 Page 2 C. The granting of the Variance will be consistent with the comprehensive General Plan of the City of Downey and the elements thereof because it will facilitate the development of an additional housing unit. D. The requested Conditional Use Permit will not adversely affect adjoining land uses and the growth and development of the area in which it is proposed because the planned improvements can be accommodated on the expanded site without impacting adjoining land uses. E. The size and shape of this site will, with the increased land area, be adequate to accommodate this development as proposed, if the City Council grants the applicant's requested Zone Variance to allow a reduced front yard setback. F. 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 and determined that the permitting of the encroachment of this project into the adjoining C2 zone at this location would not have a negative impact nor be inconsistent with the City's General Plan and past Zoning practices. G. The environmental impacts of the proposed applications have been reviewed and have been certified to be in compliance with the California Environmental Quality Act (CEQA) and the City's Guidelines, and this project has been found to be exempt from further review under the provisions of Section 15061 of CEQA; and finally because the potential impacts of this project were reviewed when Zone Change # 247, rolling back this property's zoning from C -2 to R -2, was considered. SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council of the City of Downey does hereby overturn the Planning Commission decision and approves Conditional Use Permit No. 91 -78, subject to the Conditions attached hereto as Exhibit "A" and incorporating herein by this reference. SECTION 4. Pursuant to Government Code Section 65907 and the 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 reasonableness, 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. Resolution No. 5518 CUP #91 -78 Page 3 The City Clerk shall send a certified copy of this Resolution to the Applicant 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 Section 1094.6. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of December, 1991. i / Barbara J . 42iyclen , ' Mayor ATTEST: JoyceLE. Baker, Deputy 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 10th day of December, 1991, by the following vote, to wit: AYES: 3 Councilmembers: Cormack, Boggs, Hayden NOES: 2 Councilmembers: Carter, Brazelton ABSENT: 0 Councilmembers: None ABSTAINED: 0 Councilmembers: None a a } A Joyea E. Baker, Deputy City Clerk Resolution No. 5518, CUP #91 -78 Page4 EXHIBIT "A" PLANNING 1. This approval is for a Conditional Use Permit to allow the expansion of an R -2 four (4) unit condominium complex development to utilize a seven (7) foot plus wide portion of a property zoned C -2 to allow the proposed residential use as provided for in section 9106.12 of the City's Zoning code, and to allow one guest parking space to be utilized for this project on the property adjoining the subject site's southern boundary line, as shown on the revised plot plan dated December 4, 1991. Deviations or exceptions from said plot plan shall not be permitted without the approval of the City Planning Commission. 2. The Planning Commission shall retain jurisdiction to amend or add conditions with 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 Lot Line Adjustment #91 -80, Conditional Use Permit #91 -78, Zone Variance #91 -77 and Tentative Tract Map #49882 applications shall be complied with before this Conditional Use Permit becomes valid. 4. Final Tract Map # 49882 shall be approved by the Planning Commission and City Council prior to a building permit being issued. 5. Approval by the Design Review Board for colors, materials, landscaping /irrigation plans, and building architecture is required prior to the issuance of a building permit. 6. Any required signing shall be submitted and approved prior to the installation of any such signs. 7. All landscaped areas shown on the plot plan located on the subject seven (7) foot plus wide strip of land and at the guest parking space on the adjoining property to the south 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. Landscape areas as shown on the applicant's approved site plan shall be installed per the specification of the City's Design Review Board prior to a Certificate of Occupancy being issued for any of the approved units. In addition to the landscape areas shown on the applicant's approved site plan his plan shall be amended to provide planter wells along the property's southern boundary line to facilitate the growing of a clinging vine plant to be grown along the property's required southern boundary wall. Resolution No. 5518 CUP #91 -78 Page 5 9. A copy of required Conditions, Covenants and Restrictions (C.C.R.) shall be submitted to the Planning Division. 10. A covenant shall be established to ensure the retention of the guest parking space on the adjoining property to the south including provisions for the maintenance of said parking space, its accompanying landscaping and regulations pertaining to the controlling of the use of this space, its access gate and security at this gate as required by the Planning Division. Said covenant shall be recorded, against this property with the Los Angeles County Recorder and a copy filed with the Planning Division. 11. An easement for reciprocal access between unit owners shall be recorded over the project's common driveway, open space areas and the access way to the required guest parking space to be located on the property to the south of the subject site. Said easement shall be recorded against each unit in this project with the Los Angeles County Recorder and a copy filed with the Planning Division. ENGINEERING 12. The applicant shall repair or rebuild and permanently maintain all damaged or substandard curb, gutter and sidewalks along Orange and Montgomery Streets, the applicant shall also plant parkway trees as required by the City's Engineering Division. 13. 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 Orange and Montgomery Streets and have not less than a 1 percent grade, and whenever the grade differential exceeds one foot, a retaining wall shall be required. 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 prior to their installation. BUILDING AND SAFETY 16. All electrical and telephone utilities shall be installed underground to the nearest off site pole to the standards of the Engineering Division and Building and Safety Division. 6:cup91- 78.CRE:ts