HomeMy WebLinkAboutResolution No. 6259 RESOLUTION NO.6259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY DENYING THE APPEAL AND DENYING ZONE
VARIANCE NO. 99-13, RELATING TO WALL HEIGHT AND
ELIMINATING REQUIRED LANDSCAPING AT 9641
IMPERIAL HIGHWAY, ON PROPERTY ZONED M-1 (LIGHT
MANUFACTURING), M-2 (GENERAL MANUFACTURING),
AND P-B (PARKING BUFFER).
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 Eric & Debbie Peterson (hereinafter
"Applicant") requesting a zone variance relating to wall height and
eliminating required landscaping for a new development at 9641 Imperial
Highway, Downey, California (hereinafter"subject site") located on
property zoned M-1 (Light Manufacturing), M-2 (General Manufacturing),
and P-B (Parking-Buffer).
B. The Planning Commission held a duly noticed public hearing on April 7,
1999, and, after fully considering all oral and written testimony and facts
and opinions offered at the aforesaid public hearing, adopted Resolution
No. 1959, denying Zone Variance No. 99-13.
C. An appeal of the decision of the Downey Planning Commission was filed
by Jim Peterson on April 8, 1999.
D. The City Council held a duly noticed public hearing on May 11, 1999, and
after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 6259 ,
denying the appeal and denying Zone Variance No. 99-13.
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:
1. Special conditions and circumstances do not exist which are peculiar to
the subject property since other properties in the City comply with the
maximum wall height requirements and minimum planter requirement
required when nonresidential zones abut residential zones. The
development, if approved as designed, will create negative impacts by not
providing the minimal amount of plant screening provided for by the
Zoning Code for outdoor industrial activities from abutting residential
Resolution No. 6259
Zone Variance No. 99-13
Page 2
properties, and by creating a wall height that is out of scale with the
abutting residential properties.
2. Literal interpretation of the provisions of the Zoning Code will not deprive
the applicant of rights since the same standards for wall height and
planters are applied to all nonresidential lots that abut residential zones.
3. Special conditions and circumstances have resulted from the actions of
the applicant since the applicant was aware of the development standards
since these are required of all projects abutting residential properties.
4. Approval of this variance will confer a special privilege on the subject
property since this would establish a precedent for the promotion of
excessive wall height and eliminating planters for other nonresidential
projects that abuts residential zones.
5. Approval of this variance will conflict with the goals,objectives, and
policies of the Downey General Plan. Specifically, it will conflict with goal
of maintaining the high quality of residential neighborhoods found in the
Land Use Element by creating a wall height that is out of character with
the surrounding properties and providing inadequate amount of planting
material to screen industrial activities from view. Approval of the variance
will conflict with the policy that"the City shall encourage quality
construction on development as properties recycle" (Policy 1.3.1).
6. A mitigated negative declaration (MND) of environmental impact has been
identified as being necessary to address the potential project impact in
accordance with the California Environmental Quality Act (C.E.Q.A.).
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 Zone Variance
No. 99-13.
Resolution No. 6259
Zone Variance No. 99-13
Page 3
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 11th day of May 1999
t bid r
Gag Mc•=ughan, M.1., a
•
ATTEST:
.L_ //■ i■ 241/
dith E. McDonnell
ity Clerk
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the City
Council of the City of Downey at a regular meeting thereof, held on the 11th day of May
1999 by the following vote, to wit:
AYES: 5 Council Members: Lawrence, McCarthy, Perkins,
Winningham, McCaughan
NOES: 0 Council Members: None
ABSTAINED: 0 Council Members: None
411. ffeY.--X46(
udith E. McDonnell
City Clerk
H:\PLANNINGIRESOS\CCW13RS CC.DOC