HomeMy WebLinkAboutResolution No. 6657 RESOLUTION NO. 6657
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL AND DENYING ZONE VARIANCE NO. 02 -82
FOR REDUCED OPEN SPACE ON PROPERTY LOCATED AT 9755 -9769
IMPERIAL HIGHWAY AND ZONED R -3, MEDIUM DENSITY MULTIPLE -
FAMILY RESIDENTIAL.
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 Safa Kaddis & Hofa Kaddis (hereinafter "applicant ")
requesting a zone variance for reduced open space for a proposed eight (8) unit
condominium lot on property located at 9755 -9769 Imperial Highway / APN 6283 -015-
03 0 (hereinafter "subject property ") and zoned R -3, Medium Density Multiple- Family
Residential.
B. On November 20, 2002, the Planning Commission of the City of Downey held a duly
noticed public hearing and, after fully considering all oral and written testimony and
facts and opinions offered at the aforesaid public hearing, and adopted Resolution No.
2238, denying Zone Variance No. 02 -82.
C. On December 2, 2002, the City Clerk of the City of Downey received a request from
the applicant for an appeal of the decision by the Planning Commission to deny Zone
Variance No. 02 -82.
D. On January 14, 2003 and continued to April 8, 2003, the City Council of the City of
Downey held a duly noticed public hearing and, after fully considering all oral and
written testimony and facts and opinions offered at the aforesaid public hearing,
adopted Resolution No. 6656, denying the appeal and denying Zone Variance No.02-
82.
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 declare; that:
A. The subject property has no special conditions, circumstances, or characteristic peculiar
to the subject property, which are not generally applicable to other properties in the
same vicinity and zone (Medium Density Multiple- Family Residential, R -3). The site
has a standard rectangular shape, adequate lot area, street frontages, and a relatively flat
topography. As such, the site exhibits none of the unique qualities that warrant
deviation from the Zoning Code. The requested variance for reduced open space area is
not related to the lot shape, size, or configuration, but are a function of the proposed
project design.
B. Literal interpretation of the provisions of the Zoning Code will not deprive the applicant
of rights commonly enjoyed by other properties in the same zone (R -3), since the project
can be redesigned to comply with the open space requirements of the Code.
Resolution No. 6657
Page 2
C. Special conditions and circumstances have resulted from the actions of the applicant
since the need for the variance is a result of the substandard project design.
D. Approval of this variance will confer a special privilege on the subject property that has
been denied other R -3 zoned properties. Approval of this variance will establish a
precedent for the promotion of developments with substandard open space since the
property shares characteristics with many other properties.
E. The proposed use and density complies with the "Medium Density Residential" land use
designation of the site, but approval of this variance is contrary to the goals, policies,
and programs of the Downey General Plan. Policy 1.3.1 of the Land Use Element states
that "the City shall encourage quality construction on development as properties
recycle." Approval of the variance would deviate from the efforts within the Zoning
Code to implement this policy objective. The standards of Section 9132 of the Downey
Municipal Code are applied to all condominium projects in the R -3 zone, including the
requirement for open space.
F. An Initial Study (IS) of Environmental Impact and Negative Declaration (ND) were
prepared for this project, in accordance with the provisions of the California
Environmental Quality Act (CEQA), state CEQA Guidelines, and City of Downey's
Procedures for Implementing CEQA.
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution,
the City Council of the City of Downey denies Zone Variance No. 02 -82.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this 8th day of April, 2003.
7 _....< '. i
RICK TREJO, Mayes
ATTEST:
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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 8th day of April, 2003 by the following vote,
to wit:
AYES: 4 Council Members: Bayer, Cartozian, Perkins, Mayor Trejo
NOES: 0 Council Members: None
ABSENT: 1 Council Members: McCarthy
ABSTAIN: 0 Council Members: None VIZV1,4c) ife
KATHLEEN L. MIDSTOKKE, City Clerk