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HomeMy Public PortalAbout86-079RESOLUTION NO. 86-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON DENYING CONDITIONAL USE PERMIT NO. 283-86, VARIANCE NOS. 219-86 AND 220-869 AND DESIGN OVERLAY REVIEW NO. 334-86 THE CITY COUNCIL OF THE CITY OF CARSON HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: Section 1. An application was duly filed by Salud Rivera, requesting a conditional use permit, two variances, and site plan and design review of a 10 -unit multiple family dwelling project utilizing a relocated structure. The property is located at 1249 E. Carson Street in the RM -25-D (Residential, MultipleFamily-25 units per net acre -Design Overlay) zoned district. Section 2. On April 22, 1986, the Planning Commission, following a duly noticed public hearing at which evidence, both written and oral, was duly presented to and considered by said Commission, approved the application subject to certain conditions. Section 3. Pursuant to Section 9173.4 of the Carson Municipal Code, a notice of appeal of the Planning Commission's decision was timely filed. On June 2, 1986, the City Council held a duly noticed public hearing to consider the appeal. Evidence, both written and oral, was duly presented to and considered by the City Council at said hearing. At the conclusion of the public hearing, the City Council announced its intended decision to deny the application for a conditional use permit, two variances, and site plan and design review approval. Section 4. The City Council finds, pursuant to sections 9172.21, 9172.22 and 9172.23 of the Carson Municipal Code that: (a) The subject property is in the RM -25-D zoned district. The applicant proposes to develop the site with a ten unit multiple family dwelling utilizing a relocated structure that would occupy portions of the site's side yard setback areas. A multiple family dwelling is a permitted use subject to conditional use permit and site plan and design review approval. Adequate sideyard setbacks must be provided unless special circumstances warrant granting of a variance. (b) There are no exceptional or extraordinary circumstances applicable to the subject property which result in the strict application of the Zoning Ordinance depriving such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The property is a rectangularshaped parcel with adequate size for multiple family dwelling uses. The RM zoning permits the establishment of a multiple family dwelling as a conditionally permitted use. There are no physical conditions associated with the property that prevent it from being developed in accordance with the standards of the zoning ordinance. (c) The requested variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone. Other properties within the area have been developed with multiple family uses with setbacks in conformance with code requirements. (d) Granting the requested variance would constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. Other properties in the same vicinity and zone have been likewise required to have adequate setbacks. Resolution No. 86-079/Page 2 of 3 (e) The proposed land use and development would not be consistent with the General Plan. While the subject property is within the area designated for Multiple Family Residential Use and apartments are permitted in such areas subject to a conditional use permit and site plan and design review, the addition of the proposed use to this area would: (1) increase congestion on streets and increase traffic within the surrounding neighborhood, in direct conflict with the stated objectives of the Circulation Element, (2) increase the level of noise in the area, inconsistent with the Noise Element's objective to abate noise exposures for citizens in the community; and (3) permit the relocated structure to remain on the property, inconsistent with the goals and objectives of the Housing Element to ensure a visually aesthetic living environment. (f) The proposed land use is not compatible with the existing and future land use in the vicinity. The relocated building is too large for the site, and would not leave sufficient room for setback and landscaping. The surrounding uses are predominantly lower density. The addition of the proposed unacceptable levels of traffic would impair the convenience and safety of traffic circulation for pedestrians and vehicles. (g) The architecture and design of the proposed project is not compatible with existing and anticipated development in the vicinity in that the existing building is not aesthetic, substandard and cannot be converted or remodeled to meet the design standards of the City. Section 5. Based on the aforementioned findings, the Council hereby grants the appeal, reverses the decision of the Planning Commission, and denies the application for approval of Conditional Use Permit No. 283-86, Variance Nos. 219-86 and 220-86 and Site Plan and Design Overlay Review No. 344-86 with respect to the property described in Exhibit "A" attached hereto. PASSED, APPROVED AND ADOPTED this 23rd day of June, 1986. ATTEST: CITY CL R APPROVED AS TO FORM: -� ASSISTANT CITY ATTORNEY Resolution No. 86-079/Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing resolution, being Resolution No. 86-079 was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 23rd day of June, 1986, and that the same was so passed and adopted by the following vote: AYES: COUNCIL MEMBERS: Calas, DeWitt, Mills and Yuise NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Egan A4lerk 0-t— C y, City of arson, California