HomeMy WebLinkAboutResolution No. 5507FOLLOWS:
RESOLUTION NO. 5507
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND
DENYING ZONE VARIANCE NO. 91 -63
FOR THE PROPERTY LOCATED AT 10331 A -H DOWNEY AVENUE
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
SECTION 1. The City Council of the City of Downey does
hereby find, determine and declare that:
A. An application was filed by Thomas Ramirez
(hereinafter "Applicant ") requesting a variance from
Section 9132 of the Downey Municipal Code to permit the
conversion of an existing 8 -unit apartment project to
condominiums with less than the required open space for
property located at 10331 A -H Downey Avenue, Downey
California (hereinafter "Subject Property ").
B. The City Council held a duly noticed public hearing
on July 23, 1991, which was continued to November 26,
1991, and, after fully considering all oral and written
testimony and facts and opinions offered at the aforesaid
public hearing, adopted Resolution No. 5507 denying this
variance.
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, and buildings
involved on the Subject Property which are not generally
applicable to other lands, structures or buildings in the
same vicinity and zone since this project was developed
during a time when the City's open space requirements for
condominium conversions was already established and other
approved conversion projects provided the required common
and general open space.
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 since this project was
developed at a time when the open space requirements for
condominiums had been established and other similar
projects would be required to provide the necessary open
space required by the Downey Municipal Code.
Resolution No. 5507
Zone Variance #91 -63
Page 2
C. That special conditions and circumstances described
in subparagraph A would result from the actions of the
Applicant or his predecessor in interest since approval
of this request could set a precedent for other similarly
developed apartment projects with minimal open space
areas.
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 since other similarly developed properties would
be required to develop the open space required in the
Downey Municipal Code.
E. The granting of this variance will not be consistent
and in harmony with and could adversely affect the
comprehensive General Plan of the City of Downey and the
elements thereof because this apartment project is
seeking permission to convert to ownership units without
providing the minimum development standards for
conversion.
SECTION 3. An initial study of environmental impacts has
been prepared and reviewed for this project. This project has
accordingly been found to be Class 1 Categorically Exempt as
provided for in the City guidelines and under the terms of the
California Environmental Quality Act (CEQA).
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 -63.
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
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
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.
Resolution No. 5507
Zone Variance #91 -63
Page 3
SECTION 6. The City Clerk shall certify the adoption of
this Resolution.
1991.
ATTEST:
PASSED, APPROVED AND ADOPTED this 26th day of November ,
City Clerk
Barb#a" Hac den, Mayor
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 26th day of November 1991,
by the following vote, to wit:
AYES: 5 Councilmembers: Cormack, Boggs, Carter, Brazelton, Hayden
NOES: 0 Councilmembers: None
ABSENT: 0 Councilmembers: None
ABSTAINED: 0 Councilmembers: None
,City Clerk