HomeMy WebLinkAboutResolution No. 3998 RESOLUTION NO. 3998
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, GRANTING ZONE VARIANCE NO. 169.
The City Council of the City of Downey does resolve
as follows:
SECTION 1. The City Council does hereby find and determine
thatan application was duly filed by Sharon Young with respect
to the real property described as follows: 10225 Old River School
Road, Downey, California, requesting a variance to operate and
maintain a child care center with off - street parking for four
automobiles in lieu of the required 11 spaces and modification
of the required parking setback from Old River School Road from
five feet to three feet; that a public hearing was duly set
for June 23, 1981 at 7:30 p.m., in the Council Chamber of the
Downey City Hall, 8245 East Second Street, Downey, California,
and a notice of the date, time, place and purpose of aforesaid
hearing was duly given; that a hearing was duly held on June 23,
1981 at the aforementioned time and place, studies and investigation
made by the Council and in its behalf reveal the following facts:
(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.
(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.
(3) Special conditions and circumstances do not result
from actions of the applicant.
(4) Approval of the variance will not confer a special
privilege that is denied by the Zoning Ordinance to
other lands.
(5) Granting approval of the applicant's request will
not adversely affect the Comprehensive General Plan.
SECTION 2. The City Council finds and determines that
facts exist as required in Section 9164.18 of the Downey
Municipal Code.
SECTION 3. Based upon the aforementioned findings, the
Council hereby grants with respect to the property described
in Section 1, above, a Variance subject to the following
conditions:
1. This approval is for a child care center for
not more than 46 children; a basic plot plan
and parking plan labeled "B "including a circle
driveway; modification to three foot setback for
parking area; approval for 4 on -site automobile
parking spaces and six parking spaces on the
Moravian Church parking lot for Staff; and a one -
story addition of approximately 500 square feet;
in the event the school loses the church parking
and does not find additional parking, then the
number of students shall be reduced to 34.
2. This approval is based upon a plot plan dated
June 23, 1981. Deviations or exceptions from said
plot plan shall not be permitted without the
approval of the City Council.
Resolution No. 3998
Zone Variance #169
page 2.
3. A Conditional Use Permit shall be approved for
the use of the property as a Child Care Center
with a capacity not to exceed 46 children.
4. There shall be no further additions to the
existing building nor increased in the number of
children without review and approval by the
City of Downey.
5. A street light shall be installed on an existing
utility pole; the property annexed into the Lighting
Maintenance District and an agreement executed for
the future installation of a permanent street light
structure, all to the standards of the City
Engineering Division.
6. No trash receptacles or storage shall be maintained
in the required parking spaces or driveway.
7. An "entrance" and "exit" sign not exceeding 6
square feet each shall be installed adjacent to the
circular drive to control the traffic pattern and
such signs shall not exceed 3' in height.
8.Landscaping shall be installed and permanently
maintained in the apex of the circular driveway
as shown on the approved plot plan.
SECTION 4. The permit hereby allowed is conditional upon the
privileges being utilized within one (1) year after the effective
_ date thereof, and if they are not utilized or construction work
is not begun within said time and carried diligently in accordance
with conditions imposed by the Council, this authorization shall
become void, and any privilege, permit or variance granted hereby
shall be deemed to have elapsed.
SECTION 5. The City Clerk shall certify to the adoption of
this Resolution and shall transmit a copy to the applicant,
Building and Safety Division, Planning Division, and City
Engineering Division.
ADOPTED AND APPROVED t h i sloth day of July , 1 9 81
Milton Mackaig, Mayor
ATTEST:
`c^ Deputy
Ci
I hereby certify that the foregoing Resolution was duly adopted by
the CityCouncil of the City of Downey at a regular meeting thereof
held on the 14th day of July , 19 81 , by the follow-
ing vote, to wit:
AYES: 4 Council Members : Swearingen, Quinn, Cormack, Mackaig
NOES: 1 Council Members: Jackman
ABSENT: o Council Members: None
"3.. ' v De • ut
C ,j Clerk