HomeMy WebLinkAboutResolution No. 5907 ,--h'
RESOLUTION NO. 5907
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
OVERTURNING THE PLANNING COMMISSION'S DECISION NOT TO FILE
A NOTICE OF INTENT TO RECORD A NOTICE OF VIOLATION
FOR PROPERTIES INVOLVED IN LOT SPLIT NO. 505 (8632 GOLDEN AVENUE,
13410 DEMPSTER AVENUE AND 13416 DEMPSTER AVENUE ASSESSOR PARCEL NOS. 6266-020-058, 060, AND 061)
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby finds, determines and
declares as follows:
A. A lot split application (Lot Split No. 505) was filed on January 28, 1969 with the City
Planning Department by Mr. John Kosinski and Mrs. Patricia Kosinski (hereinafter
"Applicants /Owners ") to divide a single lot comprised of six (6) contiguous lots into two (2)
single family lots on properties located at 8632 Golden Avenue, 13410 Dempster Avenue, and
13416 Dempster Avenue (Assessor Parcel Nos. 6266 - 020 -058, 060, and 061), Downey,
California (hereinafter "Subject Properties ").
B. The Planning Commission held a hearing on February 5, 1969, and, after fully
considering all testimony and facts and opinions offered at the aforesaid hearing, the Planning
Commission's discussions resulted in the approval of a Lot Split No. 505 which re- subdivide six
1) s
(6) properties into two (2) lots consisting of 9,966± square feet (Lot ) and 8 � 694 ± square feet
(Lot 2).
C. Sometime after the Planning Commission approval of Lot Split No. 505, a 25 -foot wide
portion of Lot 1 of Lot Split No. 505 was separated away from Lot 1 in violation of the lot split
approval.
D. The Planning Division determined that a violation had occurred and sent notices by
certified mail on May 3, 1995 to the then current record owner of the property, in accordance
with §66499.36 of the State of California Subdivision Map Act. Notices were also sent to
interested parties.
E. On May 26, 1995 written correspondence challenging the City's Intent to record a
"Notice of Violation" was received. The Planning Division scheduled a hearing before the
Planning Commission in accordance with §66499.36 of the State of California Subdivision Map
Act to give interested parties an opportunity to present evidence why the notice should not be
recorded.
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City Council Resolution No.
Page 2
F. The Planning Commission held hearings on June 7, 1995, July 19, 1995 and August 2,
1995, and fully and carefully considered all oral and written testimony and all facts and opinions
offered at the aforesaid hearings prior to determining that a notice of intent to record a "Notice
of Violation" should not be recorded against the property.
G. During the ten (10) day appeal period, a letter of complaint dated August 10, 1995 was
filed with the City Clerk's office requesting the City Council review the matter.
H. The City Council held a hearing on September 12, 1995 concerning this resolution and
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full y and carefully considered all oral and written testimony and all facts and opinion 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
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that:
A. A valid Lot Split application by t S lit a lication was filed b John and Patricia Kosinski creating two (2) single
famil y lots of 9,966± square feet. This determination is based on the approval letter dated
February 19, 1969 informing the former owners of the approval of Lot Split No. 505; the
approved plot lot plan dated January 28, 1969; the Minutes describing the Planning Commission
meetin g February held on Febru 5, 1969, approving the lot split application; and records of the required
conditions met by the applicants.
B. Subsequent ubse to the approval of Lot Split No. 505, the heirs of the original applicants have
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attempted to sell the southerly 25 feet of Lot 1 in violation of the approved Lot Split and
provisions of the State of California Subdivision Map Act. Neither the former owners nor current
owners were able to demonstrate any subsequent land division process that would have created
a 25 foot wide lot from the area of Lot 1.
SECTION 3. Based on the findings set forth in Sections 1 and 2 of this Resolution, the
City Council of the City of Downey hereby overturns the Planning Commission's decision not to record
a Notice of Violation against the properties involved in Lot Split No. 505.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
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City Council Resolution No. 5907
Page 3
PASSED, APPROVED AND ADOPTED this 12th day of September, 1995.
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Gary McC • ghan, Mayor
ATTEST:
, # ,i : I i A
J dith E. McDonnell, City Clerk
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I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
City Council Downey ouncil of the City of Downe at a regular meeting thereof, held on the 12th day of September,
1995, by the following vote, to wit:
AYES: 5 Councilmembers: Boggs, Lawrence, Riley, Brazelton, McCaughan
NOES: 0 Councilmembers: None
ABSENT: 0 Councilmembers: None
ABSTAINED: 0 Councilmembers: None
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1 1111 i _ .40- ,0 , , .4i
0 Judith E. McDonnell, City Clerk
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