HomeMy WebLinkAboutResolution No. 4289 RESOLUTION NO. 4289
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, GRANTING ZONE VARIANCE NO. 266.
The City Council of the City of Downey does resolve as
follows:
SECTION 1. The City Council does hereby find and determine that
and application was duly filed by Lawrence 0. Morse and Ronald
E. Tyni with respect to the real property described as follows:
8024 -26 Stewart and Gray Road requesting a Zone Variance to
modify required off - street parking to establish a 41 seat dining
area for an existing "take -out" Pizza fast food business; that
a public hearing was duly set for July 26, 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 bythe 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 andzone since existing commercial
uses on the property do not generate the need for all available
parking.
(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 since existing uses do not require the
full use of the parking area.
(4) Approval of the variance will not confer a special privilege
that is denied by the Zoning Ordinance to other lands since the
applicant's greatest need for parking will occur when adjacent
businesses are closed. Therefore, parking spaces can be shared.
(5) Granting approval of the aplicant'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 in Class 1, Categorically exempt from the
California Environmental Quality Act.
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:
1. This approval is to allow the expansion of an existing Pizza
"Fast -Food Take Cut" business by permitting a dining area with
a seating capacity for 41 persons and no requirement for
additional off - street parking, as shown on the attached plot
plan dated April 29, 1983. Deviations or exceptions from said
plot plan shall not be permitted without the approval of the
City Planning Commission.
2. A wheel chair ramp or ramps shall be installed to City
standards to allow access to the existing commercial buildings.
3. A 15- gallon size tree shall be installed in the existing
parkway tree well.
Resolution No. 4289
Zone Variance #266
page 2.
4. This Variance shall terminate upon transfer of ownership of the
business by the present owner unless approval of such transfer is
granted by the Planning Commission. No public hearing shall be required
for such consideration by the Planning Commission.
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 this 9th day of August , 1983.
Air 1 1
Rob -rt . Cormack, M.yor
ATTEST:
ity Clerk
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 9th
day of August , 1983 by the following vote:
AYES: 4 Council Members: Jackman, Davila, Quinn, Cormack
NOES: 1 Council Members: Barb
ABSENT: Q Council Members: None
ABSTAINED: 0 Council Members: None
City Cler