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HomeMy WebLinkAboutResolution No. 5367 RESOLUTION NO. 5367 A RESOLUTION OF THE ITY C COUNCIL OF THE CITY OF DOWNEY IN ACCORDANCE WITH SECTION 9150.24 OF THE DOWNEY MUNICIPAL CODE ESTABLISHING THE FEE FOR THE WAIVER OF TWO PARKING SPACES FOR THE PROPERTY LOCATED AT 10921 DOWNEY AVENUE, AS PART OF THE DOWNTOWN ASSESSMENT DISTRICT NO. 66 THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey hereby finds, determines and declares as follows: A. A request was filed with the City Planning Division by James and Virginia White (hereinafter "Applicant ") for a waiver of two off- street parking spaces in accordance with Section 9150.24 of the Downey Municipal Code for property located at 10921 Downey Avenue, Downey, California (hereinafter "Subject Property "), and zoned C -3 (Central Business District). B. The Planning Commission held a duly noticed public hearing on October 17, 1990, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted a Resolution approving Zone Variance No. 90 -72, relating to the reduction in off - street parking on the subject property. SECTION 2. Having considered all of the oral and written testimony and all facts and opinions offered at the regular Council meeting of October 23, 1990, the City Council further finds, determines, and declares that: A. The City Council approves the requested wavier for two- parking spaces for property located at 10929 Downey Avenue, which is within the City's Downtown Parking Assessment District No. 66, be granted. B. The City Council determines that an appropriate fee can be established for each parking space waiver; and said fee shall be used for providing or facilitating public off - street parking in the Parking District area. SECTION 3. Based on the findings set forth in Sections 1 and 2 of this resolution, the City Council of the City of Downey hereby determines that the fee for each parking space waived, as set forth in Section 9150.24 of the Downey Municipal Code, shall be $2500.00 • Resolution No. 5367 Page 2 SECTION 4. Pursuant to Government Code Section 6b907 and Code of the 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 the reasonableness, legality or validity of any condition attached to this decision shall not be maintained by any person unless the action or proceeding 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. The City Clerk shall send a certified copy of this Resolution to the Applicant and, if any, the Appellant 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 5. The City Clerk shall certify the adoption of this Resolution. PASSED APPROVED AND ADOPTED this 23rd day of October 1990. <//06 MAYOR ATTEST: i Ae-647 CITY CLERK 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 23rd day of October , 1990, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Boggs, Brazelton, Cormack, Paul NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hayden ABSTAINED: 0 COUNCILMEMBERS: None 4, CIC