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HomeMy WebLinkAboutResolution No. 5745 RESOLUTION NO. 5745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING ZONE VARIANCE NO. 93 -57 FOR THE PROPERTY LOCATED AT 13032 BARLIN 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 with the City Planning Department by Eurila Enterprises (hereinafter "Applicant ") requesting a zone variance to Section 9110 of the Downey Municipal Code to develop a lot with insufficient street frontage on property zoned R1-5000 (Single Family Residential) for property located at 13032 Barlin Avenue, Downey, California (hereinafter "Subject Property ") . B. The Planning Commission held a duly noticed public hearing on November 3, 1993, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1663 approving the zone variance. C. On November 9, 1993, Councilmember Diane Boggs filed a timely appeal of the decision of the Planning Commission approving the Zone Variance. D. The City Council held duly noticed public hearings on December 14, 1993, and January 11, 1994, 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 testimony and all facts and opinions offered at the public hearing before it, the City Council further finds, determines and declares that: A. Special conditions and circumstances do exist which are peculiar to the land, structure, or building involved in the Subject Property and which are generally applicable to other lands, structures or buildings in the same vicinity and zone because the subject properties are located adjacent to a freeway in which its dedication altered the subdivision pattern of the surrounding area. 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 i s Resolution No. 5745 Page 2 located because the subject property is irregular due to the dedication taken by the freeway. The subject site can not comply with zoning standards because of its irregular shape and its location to the adjacent freeway. Therefore, the consideration of the requested variance would be an equitable action to be taken. C. The special conditions and circumstances described in subparagraph A would not result from the actions of the Applicant or its predecessor in interest since the irregular lot configuration was created by the State of California for the development of the Century (1 -105) Freeway. The proposed subdivision would not be creating a special condition since a special condition already exists. 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 the subject properties do not have the same configuration as the remainder of the tract due to freeway dedication. Therefore, granting a variance would not set a precedent for future requests to create irregular - shaped parcels with no street frontage. E. The granting of the variance will be consistent with and in harmony with and will not adversely affect the comprehensive General Plan of the City of Downey because one of the goals of the City's Comprehensive General Plan is to "promote and preserve the quality of our single - family residential areas." Maintaining residential areas, such as eliminating vacant Tots is one way to preserve the quality of single - family areas. 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. G. The conditions imposed on the Subject Property by this action as described in Exhibit A, are necessary to preserve the health, safety and general welfare of the community and enable the City Council to make the findings set forth in this section. The conditions are fair and reasonable for the accomplishment of these purposes. Resolution No. 5745 Page 3 SECTION 3. The environmental impact of the proposed development has been reviewed and has been found to be Class 15 categorically exempt from the California Environmental Quality Act (C.E.Q.A.). 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 the appeal of the zone variance, and approves Zone Variance 93 -57. 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. PASSED APPROVED AND ADOPTED this 1 lth day of January, 1994. ,f — S "1.4 _..,_`7 i obert Brazelton • Mayor ATTEST: (Th _ --- tat - ii A r i .'''' ._:_.......& _ Judith E. McDonrnell City Clerk • Resolution No. 5745 Page 4 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 11 th day of January, 1994, by the following vote of the City Council: AYES: 5 Councilmembers: McCaughan, Riley, Boggs, Lawrence, Brazelton NOES: ° Councilmembers: None ABSENT: ° Councilmembers: None ABSTAIN: ° Councilmembers: None di/r1 '1/4e / Judith E. McDonnell f City Clerk Resolution No. 5745 Page 1 Exhibit A Conditions of Approval 1. This approval is for a zone variance to develop a lot with no street frontage as shown on the revised site plans dated January 4, 1994. Deviations or exceptions from said approval shall not be permitted without 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 Zone Variance No. 93 -57 and Tentative Parcel Map 23809 shall be complied with before this variance becomes valid. 4. Parking, driveway, and landscaping areas shall be constructed and permanently maintained in conformance with Sections 9150 and 9152 of the Downey Municipal Code. 5. If any 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, modification, etc. to the Planning Division prior to issuance of building permits. 6. The applicant shall relinquish and record a drainage egress and vehicular /pedestrian right of ingress /egress across Parcel 2 for Parcel 1 with the Los Angeles County Recorder, and file a copy with the City's Engineering and Planning Divisions. 7. Development on the rear lot (Lot 1) shall be limited to single -story construction or if two stories, development shall be limited to the area designated on the map attached hereto as Exhibit A -1. The applicant shall place a deed restriction on Lot 1 which restricts development as provided in this condition. This restriction shall be in the form approved by the City Attorney. 14' i t 1 t a 1, i 4 r r. ' 4 FP` -‘ ; i IA 1 c- ,o $ , 0 - i z ►.►' I 0 II I� 4 o O 7. J = o �0 a 2 u �_, Y fr( 1 ..1 ii ' 1 . VP ' 1 __,,,e r) . ,,-- '%%•- l ` o ,,,2 \ • a �,. e o �\... - -- lix N N ) 1 .,‘ z , t 4-1-iiri'i 3 r Aillii\A-. :. w t } 1__s� _ _�� : , r. r i' , 3:3 H----; t m ; �i 7. 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