HomeMy WebLinkAboutResolution No. 4809 RESOLUTION NO. 4809
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, GRANTING THE APPEAL ON
ZONE VARIANCE #462 AND AMENDING THE ACTIONS
OF THE PLANNING COMMISSION
PER RESOLUTION NO. 956
__ 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 filed by Angelo R. Cardono, with respect to the real property
described as follows: 8255 Firestone Boulevard, appealing the actions of the
Planning Commission on Zone Variance #462, that a public hearing was duly set
for September 9 and September 23, 1986, at 7:30 p.m, in the Council Chamber of
the Downey City Hall, 11111 Brookshire Avenue, 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 involve which are not generally applicable to other lands in the
same vicinity and zone since the enrollment of 250 students will not
create a significant parking deficiency in the area.
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 a parking
deficiency in the downtown area already exists and a shortage of 13
spaces was found not to be significant.
3. Special conditions and circumstances would not result from actions of
the applicant since the deficiency of the parking in the downtown area
was not created by this use.
4. Approval of the appeal on Zone Variance #462 would not confer a
special privilege that is denied by the Zoning Ordinance to other
lands since this approval is for a prevailing parking deficiency that
already exists.
5. Approval of the applicant's appeal will not adversely affect the
Comprehensive General Plan.
6. The project is categorically exempt, Class 1, according to the
California Environmental Quality Act (C.E.Q.A.).
SECTION 2. The City Council further finds and determines that facts exist as
required in Section 9164.18 of the Downey Municipal Code to justify the
granting of the appeal on Zone Variance #462.
SECTION 3. Based upon the aforementioned findings, the City Council hereby
grants with respect to the property described in Section 1, above, an appeal
on Zone Variance #462, subject to the following amended conditions:
PLANNING
1. This approval is for the operation of a business college with 13
classrooms and a maximum enrollment of 250 students on a 48,840±
square foot parcel of land in the C3 (Central Business District) zone,
as shown on the approved plot plan dated June 12, 1986. Deviations or
exceptions from said plot plan shall not be permitted without the
approval of the City Planning Commission.
2. The Planning Commission shall retain jurisdiction to amend or add
conditions without further public notice or hearing to assure
compatibility with the purpose and intent of the Comprehensive Zoning
Ordinance and to protect the public health, safety, and general
welfare.
3. All conditions of Conditional Use Permit #232 shall be complied with
before Zone Variance #462 becomes valid.
Resolution No. 48U9
Granting Appeal on Zone Variance #462
Page 2
SECTION 4. Pursuant to the provisions of the California Code of Civil
Procedure, Section 1094.6 as adopted by the City of Downey City Council by
Resolution No. 3409, judicial review of the City Council's decisions regarding
this matter may be had pursuant to Section 1094.5 of the California Code of
Civil Procedure provided a petition is filed no later than the 90th day
following the date on which this decision became final.
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, and
City Planning Division.
APPROVED AND ADOPTED t h i s 23rd day o f September , 1986.
A EST:
Aey
City C erk '"
c James Santangelo, N yor
f ,.
I HEREBY CERTIFY that the foregoing Resolution is a true copy of a Resolution
adopted by the City Council of the City of Downey at a regular meeting held on
the 23rd day of September , 19 86 by the following vote of
the Council:
AYES: 3 Council Members: Cormack, Paul, Santangelo
NOES: 0 Council Members: None
ABSENT: 1 Council Members: Boggs
ABSTAIN : 1 Council Members: Barb
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City lerk