HomeMy WebLinkAboutResolution No. 5435 RESOLUTION NO. 5435
RESOLUTION OF THE CITY COUNCIL A COU OF THE CITY OF DOWNEY C O
APPROVING THE APPEAL OF CONDITIONAL USE PERMIT NO. 91-
08, A REQUEST TO MODIFY A CONDITION OF CONDITIONAL USE
PERMIT #287 TO DELETE A REQUIRED NINE FOOT (9') HIGH
SOUND WALL ON THE NORTHWEST RESIDENTIAL PROPERTY LINE
FOR THE PROPERTY LOCATED AT 7500 AMIGOS AVENUE,
DOWNEY, PER SPECIFIC PLAN 88 -1.
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. An application was filed with the City Planning
Department by Eric Knirk, Fremont Properties (hereinafter
"Applicant ") for a conditional use permit for modification of
condition #11 of Conditional Use Permit #287 to delete a
required nine foot (9') high sound wall at the northwest
residential property line located at 7500 Amigos Avenue,
Downey, California (hereinafter "Subject Property ").
B. The Planning Commission held a duly noticed public
hearing on March 6 and continued to April 3, 1991, and after
fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted
•Resolution No. 1440 denying approval of Conditional Use
Permit #91 -08 for the Subject Property.
r--. C. On April 8, 1991, the Applicant duly filed a timely appeal from the
action of the Planning Commission denying Conditional Use Permit #91 -08.
D. The City Council held a duly noticed public hearing on May 14, 1991,
concerning this resolution and fully and carefully considered all oral and
written testimony and all facts and opinions offered at the aforesaid public
hearing prior to adopting this resolution. .
SECTION 2. Having considered all of the oral and written testimony and all
facts and opinions offered at the public hearing before it, the City Council
further finds, determines and declares that:
A. The conditional use permit approved by this resolution is
consistent with and in conformance with the General Plan of the City
of Downey and each of the chapters thereof.
B. The testimony and presentation of Robert Philipp, a member of
the Board of Directors of the Homeowners Association of the Rancho
Glenbrook condominium in the City of South Gate supporting the
appeal to delete the sound wall adjacent to their property for the
following reasons:
1) the proposed sound wall would detract from the aesthetics
of the condominium development;
2) the majority of the 98 condominium owners do not want
the wall;
3) the owners recognize the deletion of this requirement will
eliminate the sound wall.
C. The condition imposed on the Subject Property by this action is
necessary to preserve the health, safety and general welfare of the
community. The condition is fair and reasonable for the
accomplishment of these purposes.
SECTION 3. In accordance with the provision of the California
Environmental Quality Act, California Environmental Quality Act Guidelines and the City
of Downey's revised environmental procedures, this conditional use permit is categorically
exempt, Class 8.
SECTION 4. Based on the findings set forth in Sections 1 and 2 of
this resolution, the City Council of the City of Downey hereby upholds the appeal of
Fremont Properties and approved Conditional Use Permit No. 91 -08 subject to the
modification of condition #11 to read as follows:
11. A nine foot (9') high block wall shall be constructed along
property lines abutting residentially zoned properties; except
the property line abutting the Rancho Glenbrook condominium
project at 5950 Imperial Highway, South Gate. The gap
between the sound wall and the existing residential walls shall
be closed with a sheet metal cap constructed by Fremont
Properties.
SECTION 5. 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 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
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 1094.6.
SECTION 6. The City Clerk shall certify the adoption of this Resolution.
PASSED APPROVED AND ADOPTED this 28th day of May , 1991.
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Mayor
ATTEST:
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,a,Ce56, $117 4 ge-
ity Clerk
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Downey at a regular meeting thereof, held on the 28th day of
May , 1991, by the following vote of the City Council:
AYES: 4 Councilmembers: Boggs, Hayden, Cormack, Paul
NOES: 0 Councilmembers: None
ABSENT: 1 Councilmembers: Brazel ton
ABSTAIN: 0 Councilmembers None
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City Clerk
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