HomeMy WebLinkAboutResolution No. 6699 RESOLUTION NO. 6699
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL AND DENYING A TENTATIVE TRACT MAP TO
DEVELOP A ONE -LOT SUBDIVISION FOR A 16 -UNIT DETACHED
CONDOMINIUM COMPLEX ON PROPERTY AT 8335 -41 AND 8349 FONTANA
STREET, ZONED R -2 -SUD (TWO - FAMILY RESIDENTIAL SECOND UNIT
DEVELOPMENT AREA No. 8)
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 Donald Jervis (hereinafter "Applicant ") requesting a
tentative tract map to develop a one -lot subdivision for a 16 -unit detached
condominium complex on property at 8335 -41 and 8349 Fontana Street, zoned R-
2—SUD (Two- Family Residential Second Unit Development Area No. 8)
(hereinafter "Subject Property ");
B. The applicant also concurrently applied for Zone Variance No. 03 -43 to Section
9132 of the Downey Municipal Code (Planned Unit Developments) to reduce
building separation and common open space requirements of the subject property;
C. The Planning Commission opened the Public Hearing for Tentative Tract Map
No. 03 -60035 on July 2, 2003 and continued it to the meeting of August 6, 2003;
D. The Planning Commission held a duly noticed Public Hearing on August 6, 2003,
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 2293 denying the
tentative tract map;
E. The applicant submitted a letter to the Downey City Council dated/received on
August 15, 2003 appealing the Planning Commission's decision; and
F. On September 9, 2003, the Downey City Council 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.
6699 denying the appeal and denying the tentative tract map.
RESOLUTION NO. 6699
PAGE TWO
SECTION 2. Having considered all of the oral and written evidence presented to it at
said Public Hearing, the City Council further finds, determines and declares that:
A. The proposed tract map is not consistent with applicable General and Specific
Plans per Section 65451 of the Government Code. The development does not
meet the common open space requirements of Planned Unit Developments.
B. The design of the proposed subdivision is not consistent with the applicable
general and specific plans. The Downey Municipal Code states that a minimum
50 percent of all required open space should be reserved as Common Open Space
primarily for the enjoyment and recreation use of all residents of the development.
The Planned Unit Development section of the Code heavily emphasizes
maximizing open space areas, in particular common open space area. However,
the majority of the open space areas are private. Thus, the proposal functions
more like a substandard single- family development, yet still benefits from the
more flexible standards of Planned Unit Developments.
C. The subject property is not physically suitable for the development. Although
Planned Unit Developments are permitted as a use in the R2 zone, the development
does not meet the intent and purpose of the Downey Municipal Code.
D. The subject property is not physically suitable for the proposed density of the
development. Although the R2 zone permits one unit per 2,500 net square feet of
property area, the proposed density of 16 detached units can only be established
with a zone variance to reduce building separation and common open space
requirements. Density would need to be reduced to meet the intent of the Code.
In addition, the driveway and pedestrian walkway widths are insufficient for a 16
unit Planned Unit Development.
E. The design of the proposed map is not likely to cause substantial environmental
damage. The subject property is located in a built out urbanized area and has been
developed in the past, and no fish or wildlife presently exist on the subject
property.
F. The design of the proposal may cause health problems to the future occupants of
the proposed development. These include problems related to overcrowding and
reduced functionality due the lack of common open space.
SECTION 3. An Initial Study (IS) and Negative Declaration (ND) of Environmental
Impact were prepared for Tentative Tract Map 03- 60035, in accordance with the provisions of
the California Environmental Quality Act (CEQA), state CEQA Guidelines, and City of
Downey's Procedures for Implementing CEQA; and it indicates that there will be no significant
environmental impacts.
RESOLUTION NO. 6699
PAGE THREE
SECTION 4. Based upon the findings set forth in Sections 1, 2 and 3 of this Resolution,
the City Council of the City of Downey hereby denies the appeal and denies a tentative tract map
to develop a one -lot subdivision for a 16 -unit detached condominium complex on property at
8335 -41 and 8349 Fontana Street, zoned R -2 -SUD (Two- Family Residential Second Unit
Development Area No. 8).
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 9 day of September, 2003.
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RICK TREJOYMayoV
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 thereof, held on the 9 day of September, 2003 by the
following vote, to wit:
AYES: 4 Council Members: Bayer, Cartozian, Perkins, Mayor Trejo
NOES: 1 Council Members: McCarthy
ABSENT: 0 Council Members: None
ABSTAIN: 0 Council Members: None
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KATHLEEN L. MIDSTOKKE, City Clerk