HomeMy WebLinkAboutResolution No. 5331 RESOLUTION NO.5331
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
DENYING THE APPEAL OF CONDITIONAL USE PERMIT 190 -32
UPHOLDING THE PLANNING COMMISSION'S DECISION
TO DENY THE APPLICANT'S REQUEST FOR AUTHORIZATION
TO FILE A CONDITIONAL USE PERMIT TO SECURE AN ENTITLEMENT
TO RENOVATE HIS EXISTING MOTEL
The City Council of the City of Downey does resolve as follows:
SECTION 1. The City Council does hereby find and determine that an appeal was
duly filed by Arvin Parekh, with respect to the real property described as
follows: 11102 Lakewood Boulevard, Downey, California; requesting a conditional
use permit to exempt a planned expansion of an existing motel from the provisions
of Ordinance No. 902 of the Downey City Council. This ordinance established a
moratorium on the granting of entitlements for properties located in this
moratorium area. A public hearing before the City Council was duly set for August
28, 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. A hearing was duly held at the
aforementioned time and place. Studies and investigation made by the City Council
and in its behalf reveal the following facts:
1. That the requested Conditional Use Permit will adversely affect
the purpose and intent of the provisions of Ordinance #902 as
well as the City's General Plan and the general welfare of
persons residing or working in the neighborhood, because the
requested Conditional Use Permit would allow consideration of a
request to permit expansion of a legal nonconforming use which
perpetuates zoning and land use patterns which may conflict
with actions that may be needed to implement the conclusion
that will be developed from the moratorium study.
2. That the requested use could adversely affect the adjoining
land uses and the growth and development of the area in which
it is proposed to be located because this use is situated in an
area that adjoins the City's regional shopping center and it
could create a threat to the orderly and effective
implementation of land use plans that will be developed as a
result of the moratorium study provided for by Ordinance #901.
3. That the size and shape of the site proposed for the use is not
adequate to allow the full development of this motel in the
manner envisioned for motels in Downey as prescribed as
required by Section 9124 of the City's Municipal Code.
4. That the traffic generated by the proposed use will not impose
an undue burden upon the streets and highways in the area but
that this facility cannot provide required parking which in
turn can impact on street parking.
Resolution No. 5331
Conditional Use Permit #90 -32
Page 2
5. That the environmental impact of the proposed project has been
reviewed and has been certified to be in compliance with both
the California Environmental Quality Act (CEQA) and the City's
Guidelines. This project has been classified as a Class 1
Categorically Exempt project.
6. That the denial of this requested conditional use permit would
not create a practical or unnecessary hardship because this
project is presently in existence and while its expansion/
modernization would upgrade it, this development can continue
to be operated as a motel during the moratorium without these
alterations.
7. That the proposed expansion /modernization of this motel could
be inconsistent and incompatible with the retail commercial
uses in the area due to the fact that a motel adjoining a
regional shopping center may not be determined to be an
appropriate land use pattern.
SECTION 2. The City Council further finds and determines that facts do not
exist as required in Section 9166.12 of the Downey Municipal Code to grant
this conditional use permit.
SECTION 3. Based upon the aforementioned findings, the City Council hereby
denys with respect to the property described in Section 1, above, a
conditional use permit to exempt the planned expansion of this facility from
the provisions of Ordinance No. 902.
SECTION 4. If any section, subsection, sentence, clause, phrase or word of
this Resolution is for any reason held to be invalid by a court of competent
jurisdiction, such decision shall not effect the validity of the remaining
portions of this Resolution. The City Council HEREBY DECLARES that it would
have passed and adopted this Resolution irrespective of the fact that any one
or more of said provision may be declared to be invalid.
SECTION 5. Pursuant to the provisions of the California Code of Civil
Procedure, Section 1094.6 as adopted by the City of Downey City Council by
Resolution No. 3409, judicial review of the City Council's decision regarding
this matter may be had pursuant to Section 1094.5 of the California Code of
Civil Procedure provided a petition is filed no later than the ninetieth day
following the date on which this decsion became final.
Resolution No. 5331
Conditional Use ermit #90 -32
Page 3
SECTION 6. The City Clerk shall certify to the adoption of the Resolution and
shall transmit a copy to the Applicant, Building and Safety Division, and City
Planning Division.
APPROVED AND ADOPTED this 28th day of August , 1990.
( 0- 1 )LY
Roy L. Paul , Mayo
ATTEST:
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�- Judith E. Mc onne ;'( i ty erk
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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 held on the 28th
day of August , 1990, by the following vote:
AYES: 5 Councilmembers: Hayden, Boggs, Brazelton, Cormack, Paul
NOES: 0 Councilmembers: None
ABSENT: 0 Councilmembers: None
ABSTAINED:0 Councilmembers: None
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Judith E. McDonnell, City Clerk
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