HomeMy WebLinkAboutResolution No. 08-7075 - Deny Appeal, DRB #08-27, 9030 Lubec St.RESOLUTION NO. 08-7075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE
APPEAL TO OVERTURN THE PLANNING COMMISSION’S AND DESIGN REVIEW
BOARD’S APPROVAL OF DESIGN REVIEW BOARD NO. 08-27 FOR THE DESIGN,
COLORS, AND MATERIALS OF A NEW 2-STORY, 7,087 SQUARE FOOT RESIDENCE
INCLUDING TWO, 2-CAR GARAGES AT 9030 LUBEC STREET, ZONED R-1 10,000
(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 appeal letter was filed by George Redfox (“Appellant”), requesting to overturn
the Design Review Board's approval of Design Review Board No. 08-27 – the
design, colors, and materials for a new, two-story Single Family residence at
9030 Lubec Street zoned R-1 10,000 (Single Family Residential) (hereinafter
“subject property”) (assessor identification number: 6290-010-013).
B On July 16, 2008, the Planning Commission 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, adopted Resolution No. 08-2544, denying
the appeal of DRB-08-27.
C On July 21, 2008, the Appellant filed a timely appeal of the Planning
Commission’s denial and is requesting that the City Council overturn the
Planning Commission’s action; and,
D.On August 15, 2008, notice of the pending City Council public hearing was mailed
to all property owners within 500’ of the subject site. Additionally, the public notice
was published in the Long Beach Press-Telegram', and,
E.The City Council held a duly noticed public hearing on August 26, 2008 and after
fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing denied the appeal, thereby approving the Planning
Commission’s action.
SECTION 2. The City Council further finds, determines and declares the environmental
impact of the proposed development has been reviewed and has been found to be in
compliance with the California Environmental Quality Act (CEQA) and is categorically exempt
from CEQA, pursuant to Guideline Section No. 15303 (Class 3- New Construction or
Conversion of Small Structures).
SECTION 3. 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:
Municipal Code Section 9162.12 sets forth the following findings that must be adopted :
1. That the proposed development’s site plan and its design features will integrate
harmoniously and enhance the character and design of both the immediate
neighborhood and the surrounding areas of the City.
RESOLUTION NO. 08-7075
PAGE TWO
The proposed project design features an Italian Renaissance architectural style. The
surrounding neighborhood has been in transition with constructions from exterior
modifications to a new single family residence. Additionally, the homes within the
neighborhood have a variety of architectural styles ranging from California Ranch,
Spanish, Mediterranean, and Contemporary styles, as well as, several homes with an
eclectic architectural style. Furthermore, surrounding areas of the City, such as the west
side of Lakewood Boulevard include Italian Renaissance architectural style.
2. That the site plan and design will stabilize and protect property values from
substantial depreciation
Due to marital problems, the previous owner had to sell the house mid-construction. The
construction plans are no longer valid and have expired. At the current status, the
property does not have a livable structure and does not promote property values.
However, a new single family residence on the site will enhance the property value of
the neighborhood.
3. That the site plan and design will enhance the desirability and enjoyment of the
immediate neighborhood.
Since the current property was left mid-construction in the framing phase, it currently has
no visible enhancement. The proposed new single family residence will enhance the
desirability and enjoyment within the immediate neighborhood.
4. That the site plan and design will improve community appearances by
preventing extremes of dissimilarity or monotony in new construction or in
alterations of facilities
As noted previously, this neighborhood is in transition. The surrounding neighborhood
has a mixture of California Ranch, Spanish, Mediterranean, and Contemporary styles,
and eclectic architecture. Thus, the proposed project will not create an extreme of
dissimilarity or monotony.
5. That the site plan and design of the buildings, parking areas, signs,
landscaping, luminaries, and other site features indicate that proper consideration
has been given to both the functional aspects of the site development, such as
automobile and pedestrian circulation, and the visual effects of the development
from the view of the public streets.
The proposed project has designed the house to conceal the garages behind the front
gate. Additionally, the project proposes 4 garage spaces, which meets the municipal
zoning code requirement. The design includes many unenclosed areas within the
house, creating an outdoor feeling within the house perimeters. Also, the front entrance
has been enhanced with details rather than increasing in size to stay consistent with the
neighborhood .
6. That the site plan and design shall tend to upgrade property in the immediate
neighborhood and surrounding areas with an accompanying betterment of
conditions affecting the public health, safety, comfort, and welfare.
RESOLUTION NO. 08-7075
PAGE THREE
[This project will upgrade the property and the surrounding areas with an accompanying
betterment of conditions affecting the public health, safety, comfort, and welfare. The
proposed house will set a good example of an architectural style that stays consistent
with one type of architectural style: Italian Renaissance. With a new single family
residence at the location, it will create a safer area than leaving it at the current stage of
a framed structure.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution,
the City Council of the City of Downey hereby denies the appeal to overturn the Planning
Commission’s and Design Review Board’s approval of Design Review Board No. 08-27 for the
design, colors, and materials of a new, 2-story, 7,087 square foot residence including two, 2-(mr
garages at 9030 Lubec Street, zoned R-1 10,000 (Single-Family Residential).
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 26TH day of August, 2008.
mAB ,FIN, Mayor
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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 held on the 26th day of August, 2008, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
Council Members: Guerra, Trejo, Mayor Gafin
Council Member: Bayer
Council Member: Cartozian
Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk