HomeMy WebLinkAboutResolution No. 4741 RESOLUTION NO. 4741
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY REVOKING ZONE VARIANCE NO. 202
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find, determine and declare as
follows:
1. On March 17, 1982, the Planning Commission of the City of
Downey adopted Resolution No. 524 granting Zone Variance No.
202 approving a modification in the required off - street
parking for a 124 -room senior citizen retirement facility and
a 9 foot 3 inch building setback from the public right -of -way
for said use located at 11500 Dolan Avenue in the City of
Downey.
2. In addition to other conditions of approval of Zone Variance
No. 202, Resolution No. 524 incorporated by reference the
conditions of approval of Conditional Use Permit No. 133 which
was granted on March 17, 1982, to allow the operation of the
senior citizen retirement facility.
3. On July 17, 1985, the City Planning Staff was advised of the
operation of the alcohol and drug rehabilitation center at the
senior citizen retirement facility located at 11500 Dolan
Avenue.
4. Subsequent to July 17, 1985, the City sent notice to the
owners and operators of the senior citizen retirement facility
to cease operation of the alcohol and drug rehabilitation
center by August 23, 1985.
5. On August 24, 1985, the Planning Commission of the City of
Downey, by minute action, directed the City Planning Staff to
set the revocation hearing for revocation of Zone Variance No.
202 for September 18, 1985 due to the fact that the owners and
operators of the senior citizen retirement facility had failed
to cease, or cause to be ceased, the operation of the alcohol
and drug rehabilitation center.
6. On September 18, 1985, the duly noticed public hearing for the
revocation of Zone Variance No. 202 was held before the
Planning Commission and continued from time to time to and
including April 2, 1986. During said public hearing, the
Planning Commission received written and oral evidence from
the owners and operators of the senior citizen retirement
facility, from the operators of the alcohol and drug
rehabilitation center and from other members of the public
both in opposition to, and in favor of, the revocation of Zone
Variance No. 202.
7. On October 16, 1985, a duly noticed public hearing was held to
consider an application for Conditional Use Permit No. 219 to
allow the alcohol and drug rehabilitation center to operate at
11500 Dolan Avenue, and to consider an application for
Variance No. 407 for a further reduction . of bff- street parking
requirements as they would apply to the alcohol and drug
rehabilitation center use at said location.
8. On November 6, 1985, at the conclusion of the public hearing
on Conditional Use Permit No. 219, the Planning Commission,
having received and considered evidence both in favor of, and
in opposition to, said Conditional Use Permit, adopted
Resolution No. 892 denying Conditional Use Permit No. 219.
9. On November 20, 1985, at the conclusion of the public hearing
on Variance No. 407, the Planning Commission, having received
and considered evidence both in favor of, and in opposition to
Variance No. 407 adopted Resolution No. 891 approving Variance
No. 407.
Resolution No. 4741
Zone Variance No. 202
Page 2.
10. Subsequent to November 6, 1985, the applicants for Conditional
Use Permit No. 219 appealed the decision of the Planning
Commission to the City Council. After a duly noticed public
hearing on said appeal on February 4, 1986, the Downey City
Council by Resolution No. 4685, upheld the Planning Commission
decision denying Conditional Use Permit No. 219.
11. Notwithstanding the City Council action on February 4, 1986,
affirming the action of the Planning Commission in denying
Conditional Use Permit No. 219, the owners and operators of
the senior citizen retirement facility have continuously and
openly allowed such facility to be used for the operation of
an alcohol and drug rehabilitation center.
12. The use of the senior citizen retirement facility for the
operation of the alcohol and drug rehabilitation center is
contrary to the terms and conditions of Zone Variance No. 202
in that said variance was approved solely for the use of the
property located at 11500 Dolan Avenue as a 124 -room senior
citizen retirment facility with reduced off - street parking.
13. Pursuant to Section 9168.06 (b) (4), a Zone Variance may be
revoked by a majority vote of the City Council upon a finding
that the use of the subject property is being conducted in
violation of the terms and conditions of the Zone Variance.
14. During the appeal hearing on the revocation of Zone Variance
No. 202 at the regular City Council meeting of May 13, 1986,
and based upon the testimony and evidence presented the
Council finds and modifies the decision of the Planning
Commission to allow a three month time period or until August
11, 1986, before the action of revocation becomes effective on
Zone Variance No. 202, as it involves the reduction in
required off - street parking for a senior citizen facility
located at 11550 Dolan Avenue.
SECTION 2. Based upon findings as set forth in Section 1 above, the City
Council hereby revokes Zone Variance No. 202 for a senior citizen retirement
facility located at 11500 Dolan Avenue in the City of Downey. This revocation
shall become effective on August 11, 1986; provided, however, that if the
operation of the alcohol and drug rehabilitation center at said senior citizen
retirement facility ceases on or before August 11, 1986, this revocation shall
not become effective and shall be null and void.
SECTION 3. If the operation of the alcohol and drug rehabilitation center at
the senior citizen retirement facility and the operation of the senior citizen
retirement facility have not ceased by August 11, 1986, the Planning Staff is
hereby directed to forward the matter of the operation of said uses at 11500
Dolan Avenue to the City Prosecutor's Office for appropriate legal action on
the ground that said uses are operating at 11500 Dolan Avenue without a valid
permit from the City of Downey and are therefore in violation of the Downey
Municipal Code.
SECTION 4. No later than fifteen (15) days after the effective date of this
Resolution, the alcohol and drug rehabilitation center, through its legal
counsel, shall execute and submit an indemnity agreement to the City of Downey
in a form approved by the City Attorney for the City of Downey, stating that
the owners and operators of the alcohol and drug rehabilitation center agree
to defend, indemnify and hold harmless the City of Downey and its elected and
appointed boards, commissions, officers, employees and agents from and against
any and all damages to property or injuries to or death of any person or
persons, including property and employees of the City of Downey, and any and
all claims, demands, suits, actions, or proceedings therefor, resulting from
or arising out of any and all acts, errors, or omissions of the alcohol and
drug rehabilitation center or any of its agents, employees, officers, patients
or guests during the period in which the alcohol and drug rehabilitation
center is operating in the senior citizen retirement facility located at 11500
Dolan Avenue in the City of Downey.
Resolution No. 4741
Zone Variance No. 202
Page 3.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 13th day of May , 1986.
- 7 / /e 4 "d
Bob Davila, Mayor
ATTEST:
, lir
ity Clerk
I HEREBY CERTIFY that the foregoing resolution was adopted at a regular
meeting of the City Council of the City of Downey on the 13th day of May ,
1986, by the following vote, to wit:
AYES: 3 Council Members: Boggs, Cormack, Barb
NOES: 1 Council Members: Santangelo
ABSENT: 0 Council Members: None
ABSTAIN: 1 Council Members: Davila
/ trY-7,
City Clerk