HomeMy WebLinkAboutResolution No. 5378 RESOLUTION NO. 5378
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY GRANTING THE APPEAL AND
APPROVING ZONE VARIANCE NO. 90 -59
FOR PROPERTY LOCATED AT 8137 3RD STREET
The City Council of the City of Downey does resolve as follows:
SECTION 1. The City Council does hereby find and determine that an
application was duly filed by Maria Larkin with respect to the real property
described as follows: 8137 3rd Street, Downey, California, appealing the
decision of the Planning Commission to deny Zone Variance #90 -59; a variance
to Section 9148 of the Downey Municipal Code to exceed signing standards in
the C -2 zone; that a public hearing was duly set for October 23, 1990, at 7:30
p.m., in the Council Chamber of the Downey City Hall, 11111 Brookshire Avenue,
Downey, California, and a notice of the date, time, place and purpose of
aforesaid hearing was duly given; that a hearing was duly held at the
aforementioned time and place. The City Council has considered all of the
information presented to it at the public hearing, including but not limited
to, written reports of the City Staff and testimony and documentary evidence
submitted by the property owner, and finds that:
1. Special conditions and circumstances exist which are peculiar to the
land involved which are not generally applicable to other lands in the
same vicinity and zone since the signs provide identification and was in
proportion with the design aesthectics of the building.
2. Literal interpretation of the provisions of the ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the City
under the terms of the Zoning Ordinance since other properties have been
granted similar zone variances under similar circumstances in the C -2
zone.
3. Special conditions and circumstances would not result from actions of
the applicant
4. Approval of this variance would not confer a special privilege that is
denied by the Zoning Ordinance to other lands zoned similarly.
5. Granting approval of the applicant's request would not adversely affect
the Comprehensive General Plan regarding signing policies for commercial
development.
SECTION 2. The City Council further finds and determines that facts exist as
required in Section 9148 of the Downey Municipal Code justifying the granting of
Zone Variance #90 -59, subject to the following conditions:
Resolution No. 5378
Zone Variance #90 -59
Page 2
Planning
1. This approval is for two (2) wall signs, one 24 square foot sign, and
one 12 square foot sign, on the south elevation of a single tenant office
building, as shown on the approved plot plan and elevation. Deviations or
exceptions from said plot plan and elevation shall not be permitted without
the approval of the City Planning Commission.
2. The Planning Commission shall retain the jurisdiction to amend or add
conditions with public notice to assure compatibility with the purpose and
intent of the comprehensive zoning Ordinance and to protect the public
health, safety, and general welfare.
3. All conditions of Zone Variance #90 -59 application shall be complied
with before this variance becomes valid.
4. A sign plan shall be submitted and approved.
5. No additional signs shall be permitted on the premises, except those
indicated on the approved plot plan and elevation.
6. Parking, driveway, and landscaping areas shall be constructed and
permanently maintained in conformance with Sections 9150 and 9152 of the
Downey Municipal Code.
7. If City approval is contingent on any changes to the plans as
submitted, the applicant shall submit three copies of revised plans,
incorporating all approved amendments, overlays, modifications, etc. to the
Planning Division prior to the issuance of building permits.
Engineering
8. The property owner hereby agrees not to object to the annexation of the
property into the Downey City Lighting Maintenance District.
Building and Safety
9. Obtain all necessary plan approvals and permits.
10. All work approved as part of this variance shall be completed and
approved within 60 days of the approval date.
SECTION 3. Pursuant to Government Code Section 65907 and Code of Civil Procedure
Section 1094.6, any action or proceeding to attach, review, set aside, void or
annul this decision, or concerning any of the proceedings, acts, or determinations
taken, done or made prior to such decision, or to determine reasonableness,
legality or validity of any condition attached to this decision shall not be
maintained by any person unless the action or proceeeding is commenced within
ninety (90) days of the date of this Resolution and the City Council is served
within one hundred twenty (120) days of the date of this Resolution.
Resolution No. 5378
Zone Variance #90 -59
Page 3
The City Clerk shall send a certified copy of this Resolution to the Applicant at
the address of said person set forth in the record of the proceedings and such
mailing shall constitute the notice required by Code of Civil Procedure Section
1094.6.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 13th day of November , 1990.
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Mayor
ATTEST:
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41, _ WClerk
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
13th day of November , 1990, by the following vote, to wit:
AYES: 3 COUNCILMEMBERS: Boggs, Cormack, Paul
NOES: 1 COUNCILMEMBERS: Brazelton
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Hays-
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