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HomeMy WebLinkAboutResolution No. 5519 RESOLUTION NO. 5519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ZONE VARIANCE #91 -77 FOR PROPERTY LOCATED AT 8036 ORANGE STREET 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 variance from Section 9112 & 9132 of the Downey Municipal Code to allow construction of a four (4) unit condominium development with a reduced front yard setback and reduced open space on property located at 8036 Orange Street. 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. 1509, denying the variance. 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. City Council held a duly noticed public hearing on November 26, 1991, which was continued to December 10, 1991 to permit revisions to the project's design and to fully and carefully consider 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 further finds, determines and declares that: A. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved on the Subject Property and which are not generally applicable to other lands, structures or buildings in the same vicinity and zone because the subject site is encumbered by an easement across the rear of this property and because several other properties located in this neighborhood which are not impacted by such easements in this area have been developed with similar reduced setbacks. B. The literal interpretation of the provisions of Chapter 1, Zoning, of Article IX, Land Use, of the Downey Municipal Code would deprive the Applicant of rights under the terms of said sections commonly enjoyed by other properties in the same vicinity and zone in which the Subject Property is located because other properties which are similarly configured have not been required to maintain a twenty (20') foot front yard setback. Resolution No. 5519 Zone Variance #91 -77 Page 2 C. That special conditions and circumstances, described in subparagraph A, do not result from the actions of the Applicant or his predecessor in interest because the subject site was rezoned for R -2 residential development after this property was subdivided and street dedications /easements were granted. This property, were it developed before the required dedications, with setback standards applicable to R -3 or C -2 code requirements (the property's prior zonings) would not require the subject Variance. D. Granting the variance requested will not confer on the Applicant a special privilege that is denied by Chapter 1, Zoning, Article IX, Land Use, of the Downey Municipal Code to other lands, structures or buildings in the same vicinity and zone in which the Subject Property is located because other properties in the City have similar setbacks and have not been required to provide a twenty (20') foot front setback. E. The granting of the variance will be consistent with the comprehensive General Plan of the City of Downey and the elements thereof because the reduction of the front yard setback is not inconsistent with other residential properties in this neighborhood, and because this area is slated for the kind of residential development proposed for this property. 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 reduction of the front yard setback at this site would not have a negative impact on, or 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 one which is exempt from further review under CEQA based on 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 decision of the Planning Commission and does hereby approve Zone Variance No. 91 -77, subject to the conditions listed in Exhibit "A ", attached to this resolution and incorporated herein by this reference. Resolution No. 5519 Zone Variance #91 -77 Page 3 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. The City Clerk shall send a certified copy of this Resolution to the Applicant and 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 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. , � Barbara J. 'Hayden, Mayor ATTEST: Joyce 1. Baker, Deputy City Clerk I HEREBY CERTIFY that the foregoing is a true copy of the 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 Joyce E. Baker, Deputy City Clerk Resolution No. 5519 Zone Variance #91 -77 Page 4 EXHIBIT "A" PLANNING 1. This approval is for a front yard setback reduction to allow construction of a four (4) unit condominium complex to be constructed with a front yard setback of ten (10) feet at Montgomery street, 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 e Planning jurisdiction Plannin 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 Zone Variance 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. A sign plan shall be submitted and approved prior to the installation of any signs. 7. If a common trash collection is required by collector, a trash storage area shall be provided and permanently maintained either in the building or on the property having a minimum size of fifty (50) square feet in area. Said outside storage shall be enclosed with a solid masonry or opaque metal wall and appropriate gate, and said enclosure shall not be less than five feet nor more than seven feet in height, as shown on the approved plot plan. All storage maintained within the trash storage area shall not extend above the height of the required wall. No trash receptacles or storage shall be maintained in required parking spaces or driveway. 8. All landscaped areas shown on the plot plan 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. 9. 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 Resolution No. 5519 Zone Variance #91 -77 Page 5 boundary line to facilitate the growing of clinging vines along this development's southern boundary wall. 10. Parking, driveway, and landscaping areas shall be constructed and permanently maintained in conformance with Sections 9150 and 9152 of the Downey Municipal Code. 11. A solid masonry wall not less than five feet six inches (5'6 ") nor more than seven feet (7') in height above the finished grade shall be erected and permanently maintained along the property's south and west property lines as permitted by Section 9152 of the Downey Municipal Code. Where there is an existing masonry wall along said property lines, the required walls shall be constructed as outlined in Section 9152.28 of the Downey Municipal Code. 12. Dedication of land or payment of fees for park recreational purposes shall be in conformance with Section 9231.8 of the Downey Municipal Code. 13. A copy of required Conditions, Covenants and Restrictions (C.C.R.) shall be submitted to the Planning Division. 14. 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. 15. A covenant shall be developed to ensure the retention of the required guest parking space on the adjoining property to the south. This covenant shall include 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. 16. 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 17. The applicant shall construct a commercial cement concrete driveway approach at a width of twenty (20) feet on Montgomery Street to the Standards of the City's Engineering Division. Resolution No. 5519 Zone Variance #91 -77 Page 6 18. 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. 19. 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 Tots 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. 20. One (1) 5800 Lumen high sodium street light shall be installed by the applicant on the west side of Montgomery Street on a new marbelite standard with underground service installed to the City's Engineering Standards. 21. The property owner agrees to the annexation of this property into the City's Lighting Maintenance District (D.C.L.M.D.), to the standards of the City's Engineering Division. 22. 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. 23. All necessary drainage structures shall be approved by the Engineering Division prior to their installation. BUILDING AND SAFETY 24. Separate sewer shall be constructed to each unit in this development to the standards of the City Engineering and Building and Safety Divisions. 25. 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. FIRE 26. All water mains and lines shall be designed to the standards of the Engineering Division and Departments of Water and Fire. 6:zv91- 77c.cre