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HomeMy WebLinkAboutResolution No. 5520FOLLOWS: RESOLUTION NO. 5520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, OVERTURNING THE PLANNING COMMISSION DECISION AND APPROVING TENTATIVE TRACT MAP 49882 FOR PROPERTY LOCATED AT 8036 ORANGE STREET THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. An Application ( "Application ") was filed by Joyce and Gary Almas for a Tentative Tract Map to construct a four (4) unit condominium for property located 8036 Orange Street, Downey, California. 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 aforesaid public hearing, adopted Resolution No. 1511, denying Tentative Tract Map #49882. C. An appeal was filed on October 25, 1991, by George Hansen, on behalf of the owners, Joyce and Gary Almas, requesting City Council reconsider the Planning Commission decision. D. On November 26, 1991, and December 10, 1991, the City Council held a duly noticed public hearing to consider the appeal filed on this "Application" and fully considered all of the evidence and public comments received at said hearing. 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. The Tentative Tract Map No. 49882 meets the requirements of Article IX of the Downey Municipal Code and the State Subdivision Map Act. B. The proposed subdivision together with the provisions of its design and improvements will be consistent with the General Plan of the City of Downey because the project can meet the City's zoning standards for PUD's subject to the granting of Zone Variance # 91 -77. C. The site is physically suitable for the type of development proposed because the property subject to the granting of Zone Variance can comply with all other City Code Standards. Resolution No. 5520 TTM #49882 Page 2 D. The site, subject to the inclusion of the additional seven (7) foot wide strip of land and the added guest parking space on the south side of this site, is physically suitable for the proposed project density; provided the City Council grants the needed Zone Variance permitting a reduced front set back for this development. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife of their habitat. F. The design of the subdivision and the type of improvement is not likely to cause serious public health problems. G. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or uses of property within the proposed subdivision. H. The subdivision for the Subject Property is consistent with the General Plan of the City of Downey and the elements thereof because this project is for ownership residential units which is consistent with the established land use patterns in the area and the General Plan Land Use designation for the subject property. I. 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 was considered, rolling back this property's zoning from C -2 to R -2. , ECTION 3. Based on the findings set forth above, the City Council of the City of Downey hereby overturns the decision of the Planning Commission and approves Tentative Tract Map No. 49882, subject to the attached conditions per Exhibit "A ". City shall relinquish to developer the previously dedicated access rights to Montgomery Street. 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. Resolution No. itaci TTM #49882 Page 3 ATTEST: 'Deputy City Clerk SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of December, 1991. Barbara J. Hayden, Mayor I HEREBY CERTIFY that the foregoing Resolution was duly 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 of the City Council: AYES: 3 Councilmembers: Cormack, Boggs, Hayden NOES: 2 Councilmembers: Carter, Brazelton ABSENT: 0 Councilmembers: None ABSTAIN:0 Councilmembers: None Deputy City Clerk Resolution No. 5520 TTM #49882 Page 4 PLANNINQ, EXHIBIT "A" 1. This approval is for a Tentative Tract Map to allow construction of a four (4) unit condominium complex to be constructed with a one lot subdivision which will have four residential units and one common lot on 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. 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 Tentative Tract Map becomes valid. 4. Final Tract Map No. 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. Parking, driveway, and landscaping areas shall be constructed and permanently maintained in conformance with Sections 9150 and 9152 of the Downey Municipal Code and shall accordingly be regulated by the project's Homeowner's association in accordance with the project's CC &R and Bylaws. 7. A solid masonry wall not Tess 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. 8. Dedication of land or payment of fees for park recreational purposes shall be in conformance with Section 9231.8 of the Downey Municipal Code. 9. A copy of required Conditions, Covenants and Restrictions (C.C.&R'S.) and the project's Bylaws shall be submitted to the Planning Division for review and approval prior to securing a Certificate of Occupancy. Resolution No. 5520 TTM #49882 Page 5 10. 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. 11. A covenant for 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. ENGINEERING, 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 Engineering Division. Resolution No. 5520 TTM #49882 Page 6 FIRE 18. 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. 19. All necessary drainage structures shall be approved by the Engineering Division prior to their installation. BUILDING ANQ SAFETY 20. Separate sewer shall be constructed to each unit in this development to the standards of the City Engineering and Building and Safety Divisions. 21. 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. 22. AU Water mains and lines shall be designed to the standards of the Engineering Division and Departments of Water and Fire. 8:ttm949882.CRE