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HomeMy WebLinkAboutResolution No. 4242 RESOLUTION NO. 4242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, GRANTING ZONE VARIANCE NO. 252. The City Council of the City of Downey does resolve as follows: SECTION 1. The City Council does hereby find and determine that an appliation was duly filed by Standard Brands Paint —. Company, with respect to the real property described as follows: 8635 Florence Avenue requesting a Variance to Section 9148 of the Downey Municipal Code to exceed sign requirements in the C -P (Professional Office) zone; that a public hearing was duly set for May 10, 1983 at 7:30 p.m., in the Council Chamber of the Downey City Hall, 8425 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 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 since the existing paint and hardware store was established by the approval of Zone Exception Case #51 which is a use now permitted in the C -2 (General Commercial) 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 since the revised sign program for said use would be consistent to those existing signs in other areas of the City which are located in the C -2 zone and have subsequently been approved by the City. (3) Special conditions and circumstances do not result from actions of the applicant since the approval of said zone exception established the conditions now existing on the subject property, and reflect standards of a previous code which was less restrictive. (4) Approval of the variance will not confer a special -)rivilege that is denied by the Zoning Ordinance to other lands since the approvedzone exception has created a valid hardship justifying the approval of this request and since the rezoning of the subject property has not super - seded the need for said variance. (5) Granting approval of the applicant's request will not adversely affect the Comprehensive General Plan. (6) That the environmental impact of the proposed project has been reviewed and has been certified to be in compliance with the California Environmental Quality Act (C. E. Q. A.) and the City's Guidelines, and Negative Declaration was published March 3, 1983. SECTION 2. The City Council further finds and determines that facts exist as required in Section 9164.18 of the Downey Municipal Code justifying the granting of a Variance. 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: Resolution No.4242 Zone Variance #252 page 2. 1. This approval is for: a. One wall sign on the Florence Avenue side of the building not exceeding 100 square feet. b. One wall sign on the Tristan Avenue side of the building not exceeding 55.5 square feet. c. Two traffic directional signs not exceeding three (3) square feet each and not exceeding the requirements of Section 9148 of the Downey Municipal Code. Such signs shall be located as shown on the plot plan and elevations dated May 10, 1983. Deviations or exceptions from said plot plan apd elevations shall not be permitted without the approval of the City Planning Commission. 2. Zone Change Case #191 shall be adopted before this Zone Variance becomes effective. 3. No additional signs shall be permitted on the premises, except those signs indicated on the approved plot plan and elevation, and all other signs to include but not limited to, the roof sign and free - standing parking directional sign shall be removed. 4. All requiremements of the Design Review Board are also part of this approval. 5. Parking, driveway and landscaping areas shall be constructed and permanently maintained in conformance with Sections 9150 and 9152 of the Downey Municipal Code. 6. Within 6 months of the effective date of this approval the property owner shall complete the follow- ing required improvements. a. Establish a 10' wide landscaped setback along Florence Avenue and Tristan Drive in accordance with Section 9120 and 9152 of the Downey Municipal Code. b. A solid masonry wall not less than five feet six inches nor more than seven feet in height above the finished grade shall be erected and permanently maintained along the applicant's northerly property line, and a 3' wide landscape planter shall be installed adjacent to said wall. c. A trash storage area shall be provided and permanently maintained either in the building or on the property having a minimum size of fifty square feet in area, and shall be enclosed with a solid masonry wall or opaque metal wall and appropriate gale, and said enclosure shall not be less than five feet nor more than seven feet in height. All storage maintained within the trash storage area shall not extend above the height of the required wall. The location of said trash enclosures shall be subject to the review and approval of the City Planner. Resolution No. 4242 Zone Variance #252 page 3. 7. Trees encroaching into the public right -of -way shall be trimmed to the standards of the City Engineering Division. 8. An agreement shall be executed by the property owner and filed with the City Engineering Division for the future installation of a wheel chair ramp at the corner of Florence Avenue and Tristan Drive, to the standards of the City Engineering Division. 9. The existing curb shall be repaired along Florence Avenue to the standards of the City Engineering Division. 10. An agreement shall be executed by the property owner and filed with. the City Engineering Division for the future installation of permanent street light structures on Florence Avenue and Tristan Drive, to the standards of the City Engineering Division. 11. There shall be no deliveries to the subject property between 10 p.m. and 7 a.m. the following day. 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, ouilding and Safety Division and City Planning Division. APPROVED AND ADOPTED this 24th day of May ,1983. ATTEST: D City Cler�" James T. Quinn, Mayor I hereby certify that the foregoing i s a true copy of a Resolution adopted by the City Council of the City of Downey at a regular meeting held on the 24th day of May , 1983, by the following vote of the Council. AYES: 5 Council Members: Cormack, Jackman, Barb, Davila, Quinn NOES: 0 Council Members.: None ABSENT: 0 Council Members None ABSTAINED: 0 Council Members: None De t y Clerk