HomeMy WebLinkAboutResolution No. 5493 RESOLUTION NO. 5493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL OF ZONE VARIANCE NO. 91 -73
A REQUEST TO ALLOW INCREASED DENSITY
AND PERMIT AN ADDITIONAL UNIT ON PROPERTY LOCATED AT
10230 LA REINA AVENUE, ZONED R -3
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 Angelo Picarelli (hereinafter "Applicant ")
requesting a variance from Section 9114 of the Downey Municipal Code to
allow an increased density in an R -3 zone to permit one additional unit on the
subject property which is located at 10230 La Reina Avenue, Downey
California (hereinafter "Subject Property ").
B. The Planning Commission held a duly noticed public hearing on August
7, 1991 and, after fully considering all oral and written testimony and facts
and opinions offered at the aforesaid public hearing, adopted Resolution No.
1478 denying the variance.
C. On August 21, 1991, Mr. Picarelli filed a timely appeal from the action
of the Planning Commission denying the variance.
D. The City Council held a duly noticed public hearing on September 24,
which was continued to October 8, 1991, concerning this resolution 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 further finds, determines and declares that:
A. Special conditions and circumstances do not exist which are peculiar to
the land, structure, or building involved in the Subject Property because the
subject property does not differ from other sites in this vicinity and zone.
B. The literal interpretation of the provisions of Chapter 1, Zoning, of
Article IX, Land Use, of the Downey Municipal Code would not 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 most of the other properties have not exceeded the density standards
established by this R -3 zone.
C. The special conditions and circumstances described in subparagraph A
do not result from the actions of the Applicant or his predecessor in interest
because the applicant was not a party to or responsible for the subdivision of
this property.
Resolution No. 5493
Zone Variance #91 -73
Page 2
D. Granting the variance requested will 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 have been developed at lesser densities.
E. The denial of this variance will be consistent with, and in harmony with
and will not adversely affect the comprehensive General Plan of the City of
Downey and the elements thereof.
F. In taking this action, the Planning Commission 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. An initial study of environmental impact has been prepared for
this variance in accordance with the provisions of the California Environmental Quality Act,
California Environmental Quality Act Guidelines and the City of Downey's revised
environmental procedures. This project, based on these guidelines has been determined to
be a Class 3, categorically exempt project.
SECTION 4. Based upon the findings set forth in Sections 1 and 2 of this
Resolution, the City Council of the City of Downey hereby denies Zone Variance No. 91 -73.
SECTION 5. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 8th day of October, 1991.
Barbara J. Hayden, Mayor
ATTEST:
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( ; City Clerk
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 8th day of
October, 1991, by the following vote, to wit:
AYES: 4 Councilmembers: Cormack, Boggs, Carter, Brazelton
NOES: 1 Councilmembers: Hayden
ABSENT: 0 Councilmembers: �,
ABSTAINED: 0 Councilmembers:- j
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5:zv9173re.cc:ts City Clerk