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Home My WebLink AboutResolution No. 6539 RESOLUTION NO. 6539 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING THE APPEAL AND APPROVING A ZONE VARIANCE RELATED TO MAXIMUM HEIGHT AND VARIABLE HEIGHT (SECTIONS 9140 AND 9122 OF THE DOWNEY MUNICIPAL CODE) FOR A NEW STRUCTURE ON PROPERTY AT 12145 WOODRUFF AVENUE ZONE VARIANCE No. 01 -65 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 Division by Mark Villagomez of Boeing North America Fitness Inc., (hereinafter "Applicants ") for the City to consider Zone Variance No. 01 -65 — to exceed maximum height and variable height for a new structure on property at 12145 Woodruff Avenue. Assessor Parcel No. 6283 - 013 -026 (hereinafter "Subject Property "); B. The applicant also concurrently applied for General Plan Amendment No. 00 -06, Zone Change No. 00 -07 and Conditional Use Permit No. 00 -08 for the Subject Property; C. The applicant subsequently applied for Environmental Assessment No. 01 -66 (for an Environmental Impact Report) and Development Agreement No. 01 -104 for the Subject Property; D. The Planning Commission held a duly noticed public hearing on September 5, 2001 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 2157, denying Zone Variance No. 01 -65; E. An appeal of the decision the Planning Commission was filed with the City Clerk by Steve Sheldon, the applicant's legal representative on September 6, 2001; and F. The City Council first opened the duly noticed public hearing on September 23, 2001 and subsequently continued it to the January 22, 2002 meeting and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 6539 granting the appeal and approving Zone Variance No. 01 -65. 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: Resolution No. 6539 Downey City Council A. Special conditions and circumstances do exist which are peculiar to the land, structures and buildings involved on the Subject Property. The Subject Property is significantly larger than the average property in the C1 (Neighborhood Commercial) zone, covering an area of 7.85 acres. Also, the large size of the assembly area dictate a higher building height of 32 feet. Also, the proposed building height matches that of the Subject Property's existing structures. In addition, the City Council and Planning Commission have approved similar variance requests in the past. B. The property is of similar size to the industrially zoned and developed properties to the north, east and south. Many of these properties are developed with larger buildings, which is typical for an industrial use. C. The property is significantly larger than the average property in the C1 (Neighborhood Commercial) zone, covering an area of 7.85 acres. Furthermore, the City Council and Planning Commission have approved similar variance requests in the past. D. The proposed building height matches that of the Subject Property's existing structures and is setback 138 feet from the adjacent single - family residential zone. This exceeds the minimum 46 foot setback required by the Downey Municipal Code. In addition, only the parapet portion of the building will exceed the variable height limit. Furthermore, the City Council and Planning Commission and City Council have approved similar variances in the past. 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. The project has been designed to reduce any impacts from the requested variance. In addition, block walls and landscaping surround the Subject Property's perimeter reducing noise impacts. F. The conditions on the subject by this action as described in "Exhibit A ", are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the section. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 3. The City Council certified an Environmental Impact Report at a duly noticed public hearing on January 8, 2002 as part of Zone Variance No. 01 -65 and the other applications filed on the Subject Property in accordance with the provisions of the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Downey's Revised Procedures for Implementing CEQA. The Statement of Overriding Considerations, Findings of Facts, Mitigation and Monitoring Program are incorporated as part of this Zone Variance. Resolution No. Appeal of ZV No. 01 -65 —12145 Woodurff Avenue 22 January 2002 - Page 2 Resolution No. 6539 Downey City Council SECTION 4. Based upon the foregoing, the City Council approves the appeal and approves Zone Variance No. 01 -65 — a request to permit a church facility for property at 12145 Woodruff Avenue, subject to conditions of approval attached hereto as "Exhibit A ", and incorporated herein by this reference. SECTION 5. This Zone Variance shall become null and void unless construction has commenced within one year of this approval and pursued diligently to completion or a one -year extension of time granted by the Downey Planning Commission, pursuant to Section 9166 of the Downey Municipal Code. SECTION 6. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of January 2002. I - MEREDITH H. PERKINS , Mayor ATTEST: v& . 1�'_��•� KATHLEEN L. MIDSTOKKE , 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 22nd day of January 2002 by the following vote, to wit: AYES: 5 Council Members: Cartozi an , Tre jo , Winningham, McCarthy, Perkins NOES: 0 Council Members: None ABSTAINED:OCouncil Members: None k i5(‘Z■ l heidMMeA 7 Mie-- ) KATHLEEN L. MIDSTOKKE , City Clerk Resolution No. Appeal of ZV No. 01 -65 —12145 Woodurff Avenue 22 January 2002 - Page 3 Resolution No. 6539 Downey City Council ZONE VARIANCE No. 01 -65 EXHIBIT A — CONDITIONS PLANNING 1) This approval is for Zone Variance No. 01 -65, as shown on the approved site plan ..._. and herein amended, received by the Downey Planning Division on January 15, 2002 to exceed the maximum height and variable height for a new structure on property at 12145 Woodruff Avenue (Assessor Parcel No. 6283 - 013 -026), with the overall height of the building at 32 feet with the building setback a minimum 138 feet from the westerly property line. Deviations or exemptions from said site plan, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval by the Downey Planning Commission. 2) The Downey 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. 01 -65 shall be complied before the zone variance becomes valid. 4) This zone variance is subject to the approval of Conditional Use Permit No. 00 -08 and all conditions of Conditional Use Permit No. 00 -08 shall be complied with before this zone variance becomes valid. S : \WPWIN \agda0122\zv01- 65res.doc Resolution No. Appeal of ZV No. 01 -65 —12145 Woodurff Avenue 22 January 2002 - Page 4