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HomeMy WebLinkAboutResolution No. 4124 RESOLUTION NO. 4124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING1ZONE VARIANCE NO. 207. A7, t' . /► �.- W 1 4 /ft, y -.. 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 Hospital Corporation of America with respect to the real property described as follows: 8300 Telegraph Road, requesting deletion and modification of certain conditions attached to the Planning Commission approval of Zone Variance No. 207; that a public hearing was duly set for June 22, 1982, and continued to July 13, 1982, at 7:30 p.m. in the Council Chamber of the Downey City Hall, 8425 E. 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 at the aforementioned time and place. Studies and investigation made by the City Council and in its behalf reveal the following facts: (1) Special conditions and circumstances do not exist which are peculiar to the land involved which are not generally applicable to other lands in the same vicinity and zone to justify modifying or deleting conditions. (2) Literal interpretation of the provisions of the ordinance would not 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 exist to justify a Variance. (4) Approval of the Variance without proper conditions safeguarding adjacent properties would confer a special privilege that is denied by the Zoning Ordinance to other lands. (5) Granting approval of the applicant's request for modification or deletion of conditions will adversely affect the Comprehensive General Plan. SECTION 2. The City Council further finds and determines that facts do not exist as required in Section 9164.18 of the Downey Municipal Code to justify the granting of deletion or modification of the conditions in Zone Variance No. 207. SECTION 3. Based upon the aforementioned findings, the City Council hereby denies with respect to the property described in Section 1, above, a deletion or modification to the following conditions: 1. This approval is for a one - story, 1900 square foot addition to the obstetrics section of the hospital and shall include a 3,000 square foot remodeling of the obstetrics area. 2. This approval is based upon a plot plan and elevation dated February 24, 1982, Deviations or exceptions from said plot plan and elevation shall not be permitted without the approval of the City Planning Commission. 3. A wheelchair ramp shall be installed at the southwest corner of Telegraph Road and Stamps Avenue to the standards of the City Engineering Division. 4. Damaged or hazardous sidewalk sections on Birchbark Avenue shall be repaired or replaced to City standards. 5. All employees of the hospital shall be required to utilize off - street parking areas and their vehicles shall be identified by appropriate marking. This Variance shall not become valid until all employee vehicles have been identified to the satisfaction of the City Planner. It shall be the responsibility of the hospital to monitor the parking situation to assure compliance with the hospital's policy. Any relaxation of strict parking enforcement by the hospital shall void this approval. There shall be no doctor or employee parking permitted in the public right -of -way around the hospital. RESOLUTION NO. 4124 Zone Variance No. 207 Page 2 6. The existing parking area at the southeast corner of Telegraph Road and Birchbark Avenue shall remain as visitor off - street parking and shall not have reserved parking spaces. 7. Delivery trucks shall not be permitted before 6 a.m. of each day if said deliveries are made adjacent to the R -1 development. 8. The Planning Commission shall retain jurisdiction to add or amend conditions without further public notice or hearing to assure compatibility with the purpose and intent of this approval and the Comprehensive Zoning Ordinance. 9. The top deck of the parking structure shall be reserved for visitor parking except that night shift employees may park on the upper deck. 10. The southerly property line masonry wall located between the hospital property and the abutting residential dwellings shall be increased in height to not less than 5 -1/2 feet above the finished grade of the hospital property. 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 City 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, Planning Division, Building and Safety Division and City Engineering Division. APPROVED AND ADOPTED this 27th day of July, 1982. Ames Quinn, Mayor j ATTEST: 810 City Cler STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DOWNEY ) 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 27th day of July, 1982, by the following vote, to wit: AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn NOES: o Council Members: None ABSENT: o Council Members: None Agem416010tAi Ci Clerk III