HomeMy WebLinkAboutResolution No. 06-6888 - Deny Appeal and Deny ZV #05-71, 10800 Paramount Bl.RESOLUTION NO. 06-6888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE
APPEAL OF ZONE VARIANCE NO. 05-71 REGARDING A ZONE VARIANCE TO
ALLOW TANDEM PARKING IN CONJUNCTION WITH A 4,160 SQUARE FOOT
ADDITION TO AN EXISTING MEDICAL BUILDING ON PROPERTY LOCATED AT
10800 PARAMOUNT BOULEVARD, ZONED C-P (PROFESSIONAL OFFICES) AND
R-2 (TWO-FAMILY RESIDENTIAL).
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 2. The City Council of the City of Downey does hereby find, determine and
declare that:
A.On April 4, 2005, pursuant to Section 9170 of the Downey Municipal Code, Mr.
King Woods on behalf of Mr. Albert Taban (hereinafter referred to as “applicant”),
the owner of property located at 10800 Paramount Boulevard, filed an application
to request a zone variance to allow tandem parking and compact parking in
conjunction with a 4,160 square foot addition to a medical office building.
B On July 6, 2005, the Downey Planning Commission held a duly noticed public
hearing and after receiving a staff report and public testimonies concerning traffic
problems and difficulty accessing the parking lot across the street, continued the
public hearing and thereby allowing the applicant to revise the plans.
C.On November 16, the Planning Commission reopened the public hearing and
after fully considering all oral and written testimony, facts, and opinions offered at
the aforesaid public hearing, adopted Resolution No. 2394, which denied the
proposed zone variance.
C On December 1 , 2005, Mr. Woods filed a written appeal of the decision of the
Planning Commission on behalf of the applicant.
D On January 10, 2006, the Downey City Council held a duly noticed public hearing
on the appeal, and after considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 06-6888
denying the appeal and Zone Variance No. 05-71.
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:
A.That there are no special conditions and circumstances existing which are
peculiar to the land, structure, or building involved and which are not generally
applicable to other lands, structures or buildings in the same vicinity and zone.
The subject property is not large enough to accommodate the proposed bpi lding
expansion. The proposed plan attempts to provide sufficient parking to satisfy the
Downey Municipal Code off-street parking requirements, but proposes
substandard parking space in a parking configuration that does not apply to this
location
B That the literal interpretation of the provisions of this chapter would not deprive
the applicant of rights under the terms of this chapter commonjy enjoyed by other
properties in the same vicinity and zone in which the property is located, because
all properties within this vicinity and throughout the City must conlply with the
RESOLUTION NO. 06-6888
PAGE TWO
current development standards if a legal nonconforming use on said property is
enlarged or expanded, and because the City would apply the current standards
for any new developments within the vicinity as well.
C.That special conditions and circumstances would result from the actions of the
applicant if the City granted this request, because the Zoning Code does not
permit compact parking.
D That granting the variance request will confer on the applicant a special privilege
that is denied by this chapter to other lands, structures, or buildings in the same
vicinity and zone in which the property is located, because the current
Development Code standards do not permit compact parking and because the
plan proposes only five (5) handicap accessible parking spaces, although
Section 1129B3-1 California Building Code requires fourteen (14) spaces for a
medical facility.
E.That the granting of such variance will not be in harmony and could adversely
affect the Comprehensive General Plan. Downey Vision 2025 recognizes that
there is a lack of parking in some parts of Downey and establishes a goal to
minimize the impacts from the lack of parking. Although the General Plan
encourages the City to exercise some flexibility in regards to parking, it also
promotes safe and efficient design for parking areas. The plan proposes to make
seventy-one (71 ) parking spaces inaccessible due to the tandem parking layout
and proposes only one point of access for the eighty (80) parking spaces
proposed on Parcels 2, 3 and 4. This inefficient layout could have spillover
effects, causing congestion problems and adversely effect vehicular movements
on 5th Street. The plan also proposes to increase the number of vehicles parked
on the parking lot on the west side of Paramount Boulevard; thereby, increasing
the number of pedestrians subjected to the hazards of crossing a major street.
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 of Zone Variance No. 05-71,
regarding a request to allow tandem parking and compact parking in conjunction with a 4,160
square foot addition to a medical office building.
SECTION 4.The City Clerk shall certify to the adoption of this Resolution
APPROVED AND ADOPTED this 10th day of January, 2006.
MuM,LRa*\A.
MEREDITH H. PERKINS, Mayor
ATTEST:/
KATHLEEN L. NlIDSTOi<KE, City Clerk
RESOLUTION NO. 06-6888
PAGE THREE
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 10th day of January, 2006, by the following
vote, to wit:
AYES
NOES:
ABSENT:
ABSTAIN :
3 Council Members:
1 Council Member :
1 Council Member :
0 Council Member:
Bayer, Gafin, Mayor Perkins
Cartozian
Trejo
None
@424&R> W .%„h&laD
KATHLEEN L MIDSTOKKE City Clerk
4
pA