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HomeMy WebLinkAboutResolution No. 6764 RESOLUTION NO. 6764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING ZONE VARIANCE No. 03 -112, A ZONE VARIANCE REQUEST TO SECTION 9110 OF THE DOWNEY MUNICIPAL CODE TO REDUCE THE REAR YARD SETBACK, ON PROPERTY LOCATED AT 10921 HALCOURT AVENUE, ZONED R -1 5,000 (SINGLE - 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 Anthony and Silvia Magdaleno (hereinafter "Applicant ") requesting Zone Variance No. 03 -112 to permit a reduction of the rear yard setback to 4 feet for a 2 -car garage and 10 feet for a second story addition for property at 10921 Halcourt Avenue, Downey, California (hereinafter "subject site ") zoned R- 15,000 (Single - Family Residential). B. The Planning Commission held a duly noticed Public Hearing on February 18, 2004, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid Public Hearing, adopted Resolution No. 2334 approving Zone Variance No. 03 -112. C. An appeal of the decision of the Planning Commission was filed by Irma Marquez - Castillo, property owner of 10850 Street, Downey, California on March 3, 2004. D. The City Council held a duly noticed Public Hearing on April 13, 2004, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid Public Hearing continued the item back to Planning Commission for review of revised plans. E. The Planning Commission on May 5 2004 heard the continued item Zone Variance No. 03 -112. At this hearing, the Planning Commission reviewed revised plans with a reduction of the rear yard to 10 feet on the first and second floor, and adopted a minute action recommending approval to City Council of the revised plans dated April 28, 2004. F. The City Council held a duly noticed Public Hearing on May 25, 2004, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid Public Hearing, adopted Resolution No. 6764 denying the appeal and approving Zone Variance No. 03 -112. 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. 6764 PAGE TWO ..,_. A. Special Conditions and circumstances exist which are peculiar to the land involved which are not generally applicable to other lands in the same vicinity and zone because the lot has an irregular shape which is unique to surrounding properties which are rectangular allowing more buildable area. B. The literal interpretation of the provision of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the City under the terms of the Zoning Ordinance because there are other properties along the same street with rectangular whose lots reflect more rectangular shape allowing more buildable area. C. Special Conditions and circumstances do not result from actions of the applicant p because the lot shape was established prior to city incorporation. D. Granting approval of the variance will not confer special privilege that is denied by the Zoning Ordinance to other lands because the Downey Municipal Code, Section 9164 provides for modified rear yard setbacks. E. Granting approval of the applicant's request will not adversely affect the Comprehensive General Plan. The General Plan designation for the site is low density residential. The current use as well as the purposed use will remain low density residential and will be consistent with the City's General Plan. F. The conditions imposed on the subject site 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. G. 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.) and is categorically exempt, Class 5 (Minor Altercation in Land Use Limitations). SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council of the City of Downey hereby denies the appeal and approves Zone Variance No. 03 -112, 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 an one -year extension of time granted by the Downey Planning Commission, pursuant to Section 9166 of the Downey Municipal Code. RESOLUTION NO. 6764 ..� PAGE THREE SECTION 5. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED this 25th day of May, 2004. O. CARTOZIAN, M or ATTEST: i&A&A) 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 25th day of May, 2004 by the following vote, to wit: AYES: 4 Council Members: Bayer, Perkins, Trejo, Mayor Cartozian NOES: 1 Council Member: McCarthy ABSENT: 0 Council Member: None ABSTAIN: 0 Council Member: None /‘Ve/ia4 KATHLEEN L. MIDSTOKKE, City Clerk r RESOLUTION NO. 6764 PAGE FOUR ZONE VARIANCE No. 03 -112 EXHIBIT A — CONDITIONS PLANNING DIVISION 1) This approval is for a variance to Section 9110 of the Downey Municipal Code to reduce the rear yard setback, as shown on plans received by the Downey Planning Division on April 28, 2004, and as amended herein. Deviations or exceptions from said plans 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 and public hearing to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public littlth, safety and general welfare. 3) All conditions of Zone Variance No. 03 -112 shall be complied with before this approval becomes valid. 4) The applicant shall remove the old driveway and replace with landscaping. 5) Bathroom window on the west elevation shall be elevated to a height of six (6') feet and shall be opaque, to satisfy the Building and Safety standards. BUILDING DIVISION 6) Obtain all necessary plan approvals and permits. 7) The access from the new addition shall comply with the swimming pool security requirements of the City of Downey. 8) The passage door from the garage to the rear yard area shall comply with the swimming pool security requirements of the City of Downey. 9) All security fence requirements regarding the swimming pool shall be completed prior to occupancy or use. ENGINEERING 10) The owner /applicant shall replace uneven, or sub - standard sidewalk, driveway, pedestrian ramps, pavement, curb and gutter shall be replaced to the satisfaction of the Department of Public Works. 11) All unused driveways shall be removed and reconstructed with curb, gutter and sidewalk. -- RESOLUTION NO. 6764 _ PAGE FIVE 12) The owner /applicant shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specification for Public Works Construction and as modified by the City of Downey's Stand Plans and Specifications. 13) The owner /applicant shall obtain all necessary plan approvals and permits. 14) The owner /applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State Water Resources Control Board; the Standard Urban Stormwater Mitigation Plan (SUSMP); and Ordinance 1142 of the Downey Municipal Code (DMC); and shall Certify and append Attachment A to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP).