HomeMy WebLinkAboutResolution No. 5506RESOLUTION NO. 5506
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY,
UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND
DENY VESTING TENTATIVE TRACT MAP NO. 50450
FOR PROPERTY LOCATED AT 10331 A -H DOWNEY AVENUE
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 Thomas Ramirez
(hereinafter "Applicant ") requesting a tentative tract
map approval for the conversion of an 8 -unit apartment
project to condominiums for property located at 10331 A -H
Downey Avenue, Downey (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. 5506 denying this
tentative tract map.
SECTION 2. Having considered all of the oral and written
evidence presented to it at said public hearings, the City Council,
pursuant to the Downey Municipal Code and the State Subdivision Map
Act, further finds, determines and declares that:
A. The proposed map is inconsistent with the City's
General Plan since it does not meet the minimum
development standards for conversion as specified in the
Downey Municipal Code.
B. The design and improvement of the proposed
subdivision is not consistent with City's General Plan
since the project was developed as an apartment project
which cannot meet the minimum standards of development
for a condominium conversion.
C. The subject site is physically unsuitable for an 8
unit condominium conversion since it cannot meet the
minimum open space requirements for condominium
conversions, as specified in Section 9132 of the Downey
Municipal Code.
D. The subject site is not physically suitable for the
proposed density of development since the existing
density does not permit the establishment of adequate
general and common open space areas.
Resolution No. 5506
TTM #50450
Page 2
E. The design of the proposed subdivision will not cause
any environmental damage or substantially and avoidably
injure fish or wildlife in their habitat and has been
found to be Categorically Exempt pursuant to Class 1 of
the State of California Environmental Quality Act (CEQA).
F. The design of the proposed subdivision will not cause
any public health problems since the subdivision has been
found to be Categorically Exempt.
G. The proposed subdivision will not interfere with any
public easements since these have been duly noted and
accounted for.
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 (Existing Facilities)
Categorically Exempt as provided for in 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 Vesting Tentative Tract Map No. 50450.
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.
SECTION 6. The City Clerk shall certify the adoption of
this Resolution.
ATTEST:
PASSED, APPROVED AND ADOPTED this 26th day ofNovemb r, 1991.
Barbarar Hay n, Mayor
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 26th
day of November, 1991, by the following vote, to wit:
AYES: 5 COUNCIL MEMBERS: Cormack, Boggs, Carter, Brazelton, Hayden
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
i T If
City Clerk