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HomeMy WebLinkAboutResolution No. 6598 RESOLUTION NO. 6598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPEAL AND APPROVING ZONE VARIANCE NO. 02-27 TO SECTION 9124 OF THE DOWNEY MUNICIPAL CODE RELATING TO REAR YARD SETBACKS FOR PROPERTY LOCATED AT 7423 FIRESTONE BOULEVARD, ZONED C -2 (GENERAL COMMERCIAL). 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 Christos Smyrniotis (hereinafter "Applicant ") requesting approval from the Planning Commission for a Variance to Section 9124 of the Downey Municipal Code relating to rear yard setbacks for property located at 7423 Firestone Boulevard, City of Downey, California (hereinafter "subject property "), zoned C -2 (General Commercial). B. The applicant also concurrently applied for Conditional Use Permit No 02 -08 for an expansion of an existing car wash facility (Firestone Car Wash) on the subject site. C. The Planning Commission held a duly noticed public hearing on May 15, 2002 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 2198. approving Zone Variance No. 02 -27. D. An appeal of the decision of the Downey Planning Commission was filed by Chong Sik Kim, applicant and owner of the subject property, on May 29, 2002. E. The City Council held a duly noticed public hearing on August 27, 2002 which was continued to September 10, 2002 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 6598 , approving the appeal of Zone Variance No. 02 -27. SECTION 2. Having considered all of the oral and written evidence presented to it at the said public hearings, the City Council further finds, determines and declares that: A. Special conditions and circumstances exist which are peculiar to the subject property because the subject property is an irregular "L" shaped parcel with two street frontages. Furthermore, a similar variance has been granted for the subject property allowing the construction of the car wash building. RESOLUTION NO. 6598 PAGE 2 B. Literal interpretation of the provisions of the Zoning Code will deprive the applicant of rights commonly enjoyed by other properties in the same vicinity and zone because other properties developed with similar commercial land uses normally occupy rectangular properties which are better suited to development. Since the subject properties unique shape, it is more difficult to develop their property with a conventional configuration. C. Special conditions and circumstances have resulted from the actions of the applicant since similar approvals have been granted for other properties (including the subject property) with similar unique configurations. D. Approval of this variance will not confer a special privilege on the subject property that is denied by the Zoning Code to other lands, structures, or buildings in the same vicinity and zone in which the property is located because other property owners have been allowed to develop their properties with similar setback reductions under similar circumstances. E. Approval of this variance is consistent with the goals, objectives, and policies of the Downey General Plan. The subject property is zoned and developed with a commercial use, and therefore consistent with the City's General Plan Land Use Element. F. The environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (C.E.Q.A.). The project is a Class 3 (New Construction or Conversion of Small Structures) Categorical Exempt. SECTION 3. Based upon the findings set forth in Section 1 and 2 of this Resolution, the City Council of the City of Downey hereby approves the appeal and approves Zone Variance No. 02 -27 for property at 7423 Firestone Boulevard, Zoned C -2 (General Commercial), subject to conditions of approval attached hereto as Exhibit A. SECTION 4. 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 9164 of the Downey Municipal Code. RESOLUTION NO, 6598 PAGE 3 SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 10th day of September , 2002. --- MEREDITH H. PERKINS, Mayor ATTEST: y . KATHLEEN L . MIDSTOKKE , City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 10th day of September , 2002 by the following vote, to wit: AYES: 4 Council Members: Cartozi an , Tre jo , Winningham, Perkins NOES: 1 Council Members: McCarthy ABSENT: 0 Council Members: None ABSTAIN:O Council Members: None Vidal-&/;JV i M KATHLEEN L . MIDSTOKKE , City Clerk RESOLUTION NO. 6598 PAGE 4 ZONE VARIANCE NO. 02-27 EXHIBIT A - CONDITIONS PLANNING 1) This approval is to permit a zone variance to allow up to two separate detached canopies in the required 15' rear yard setback area of a C -2 zoned property, as shown on the approved site plan, and herein amended, stamped received on April 24, 2002. Deviations or exceptions from said site and floor plan, other than those authorized by this resolution, 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) The following design criteria shall be required for canopies within fifty (50') feet of the public right -of -way and is readily visible from the public right of way: a) The canopies shall be designed as a permanent structure. A building permit shall be required and the canopy shall have a foundation and shall comply with all Building and Fire code requirements to insure the public health and safety of the occupants who are working beneath it. b) The canopies' design shall incorporate the architecture, building materials and colors of the primary structures on the property. c) Canopies with cloth/canvas /acrylic material shall be required to replace the material within 30 days of becoming torn, tattered, faded or when the manufacturer specifications indicate their replacement (e.g. 2years, 5years, etc.). The applicant shall provide the city the manufacturer's specification on the replacement of the canopy material and this date shall be shown on the permit and the manufacturer's specification shall be kept on file in the Planning and Building and Safety Divisions. This requirement shall also be added as a condition of approval for the establishment and operation of a car washing and /or automobile detailing facility. d) Multiple canopies shall be designed to be architecturally integrated. 4) The following design criteria shall be required for canopies beyond fifty (50 ") feet of the public right -of -way: a) Canopies beyond fifty (50') feet of the public right -of -way may reflect a simpler design, and may rely upon color to integrate the appearance of the canopy structure with the primary structures on the property. 5) All conditions of Zone Variance No. 02 -27 and Conditional Use Permit No. 02 -08 shall be complied with before this Zone Variance becomes valid. RESOLUTION NO. 6598 PAGE 5 BUILDING DIVISION 6) Obtain all necessary plan approvals and permits. 7) All portions of a structure within 3' from a property line shall be 1 -hour fire rated. H: \PLANNING \nguyen \Cases \CUP \CUP 02- 08 \CCappeal\ZVO2- 27ccreso.doc r�r,