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HomeMy WebLinkAboutResolution No. 09-7121 - Accept fee & waive parking spaces, 10045 Downey Av.RESOLUTION NO. 09-7121 { A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING RESOLUTION NO. 6709, ACCEPTING A FEE AND WAIVING SIX (6) REQUIRED PARKING SPACES FOR A NEW RESTAURANT AT 11045 DOWNEY AVENUE IN THE DOWNTOWN PARKING ASSESSMENT DISTRICT. WHEREAS, Section 9720 of the Downey Municipal Code, Article IX, Chapter 7 allows all or a portion of the off-street parking required by Section 4B of the Downtown Plan to be waived when the lot or parcel of land involved is located within the boundaries of a Parking Assessment District, and the owner or occupant of the property pays an amount to be determined by the City Council for each automobile storage space waived; and WHEREAS, on September 23, 2003, the Downey City Council adopted Resolution No. 6701, which modified the Uniform Fee Schedule to establish a Parking Assessment District Automobile Parking Fee at the semi-annual charge of $100 per automobile parking space in the Downtown Parking Structure; and WHEREAS, Mr. Paul Granata is planning to operate a restaurant at 1 1045 Downey Avenue; and WHEREAS, the subject property exists within the Downtown Parking Assessment District; and WHEREAS, the proposed restaurant use requires six (6) more off-street parking spaces than the number of spaces that exist on the subject property; and WHEREAS, Section 9720 of the Downey Municipal Code states that upon payment of the required sum, the City Council shall waive the specified parking spaces; and WHEREAS, the applicant agrees to pay six hundred ($600) dollars semi-annually to the City of Downey, in accordance with the semi-annual fee of one hundred ($100) dollars per automobile parking space in the Downtown Parking Structure, in lieu of providing the six (6) residual off-street parking spaces required to meet Section 4B of the Downtown Plan. NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council accepts the six hundred ($600) dollar semi-annual payment for automobile parking spaces in the Downtown Parking Structure from Mr . Paul Granata, in accordance with Section 9720 of the Downey Municipal Code and the Uniform Schedule of Fees and shall waive six (6) off-street parking spaces for the restaurant located at 11045 Downey Avenue in the Downtown Parking Assessment District, to meet the off-street parking required by Section 4B of the Downtown Plan. SECTION 2. The off-street parking spaces shall be waived at the rate of one hundred ($100) dollars per automobile storage space semi-annually. ( SECTION 3. The subject property satisfies the conditions of Section 9720 of the Downey Municipal Code. RESOLUTION NO. 09-7121 PAGE TWO SECTION 4. Future payments of the semi-annual fee to waive off-street parking spaces for the restaurant shall be consistent with any future changes to the Uniform Fee Schedule SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 14th day of April, 2009. MARIO A. GUERRA, Mayor ATTEST: 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 14th day of April, 2009, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN : Council Members: Bayer, Gafin, Marquez, Mayor Guerra Council Member: None Council Member: Brossmer Council Member: None aflda KATHLEEN L. MIDSTOKKE, City Clerk