HomeMy WebLinkAboutResolution No. 6700 RESOLUTION NO. 6700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL AND DENYING A ZONE VARIANCE TO SECTION
9132 OF THE DOWNEY MUNICIPAL CODE (PLANNED UNIT
DEVELOPMENTS) TO REDUCE BUILDING SEPARATION AND COMMON
OPEN SPACE REQUIREMENTS FOR A 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
zone variance to reduce building separation and common open space 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 Tentative Tract Map No. 03 -60035 to
develop a one -lot subdivision for a 16 -unit condominium complex on the subject
property;
C. The Planning Commission first opened the Public Hearing for Zone Variance No.
03 -43 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. 2294 denying the
zone variance;
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.
6700 denying the appeal and denying the zone variance.
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RESOLUTION NO. 6700
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 subject property has no special conditions, circumstances or other peculiar
characteristics, which are not generally applicable to other properties in the same
vicinity and zone. The subject property has a standard rectangular shape,
adequate lot area, street frontages and a relatively flat topography. As such, the
subject property exhibits none of the unique qualities that warrant deviation from
the Downey Municipal Code. The requested variance for reduced building
separation and common open space areas 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 since
the density can be reduced or the project redesigned to comply with the building
separation and open space requirements of the Code.
C. Special conditions and circumstances have resulted from the actions of the applicant
since the need for the variance is a result of the applicant's preferred design concept.
D. Granting the variance request will confer a special privilege on the subject
property that has been denied to other Planned Unit Developments. Approval of
this variance will establish a precedent for the promotion of developments with
substandard building separation and open space since the subject property shares
characteristics with many other properties.
E. The granting of this variance is contrary to the goals, policies and programs of the
Downey General Plan. The surrounding properties are developed with modest
sized single- family and duplex homes. The General Plan Design Chapter
discusses the need for new housing to integrate with the existing neighborhood.
Staff is concerned that a large Planned Unit Development in the middle of a
residential street may have negative impacts on the surrounding neighborhood
with regards to traffic, parking and design.
SECTION 3. An Initial Study (IS) and Negative Declaration (ND) of Environmental
Impact were prepared for Zone Variance No. 03 -43, 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. 6700
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 zone variance to
reduce building separation and common open space 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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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