Loading...
HomeMy WebLinkAboutResolution No. 4742 RESOLUTION NO. 4742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVOKING CONDITIONAL USE PERMIT NO. 133 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. 525 granting Conditional Use Permit No. 133 for a two - story, 124 -room residential care home for the aged, licensed by the California State Department of Social Welfare with off - street parking for 28 automobiles located at 11500 Dolan Avenue in the City of Downey (hereinafter "senior citizen retirement facility "). 2. In addition to other conditions of approval of Conditional Use Permit No. 133, Resolution No. 525 incorporated by reference the conditions of approval of Zone Variance No. 202 which was granted on March 17, 1982, to allow a reduction in off - street parking require- ments and modification to setback requirements for 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 Conditional Use Permit No. 133 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 Conditional Use Permit No. 133 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 Conditional Use Permit No. 133. 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 off - 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. 4742 Conditional Use Permit No. 133 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 Conditional Use Permit No. 133 in that said permit was approved solely for the use of the property located at 11500 Dolan Avenue as a 124 -room senior citizen retirment facility. 13. Pursuant to Section 9168.06 (b) (4), a Conditional Use Permit 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 Conditional Use Permit. 14. During the appeal hearing on the revocation of Conditional Use Permit No. 133 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 Conditional Use Permit No. 133, as it involves the operation of a senior citizen facility located at 11500 Dolan Avenue. SECTION 2. Based upon findings as set forth in Section 1 above, the City Council hereby revokes Conditional Use Permit No. 133 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. 4742 Conditional Use Permit No. 133 Page 3. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 13th day of May , 1986. et Bob Davila, Mayor ATTEST: City 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 ity! Cler