HomeMy WebLinkAboutResolution No. 4876 RESOLUTION NO. 4876
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
GRANTING THE APPEAL BY DENYING CONDITIONAL USE PERMIT #246 AND
REVERSING THE DECISION OF THE PLANNING COMMISSION
AS SET FORTH IN RESOLUTION NO. #1002
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby find and determine that a written
request was filed by Ioan Ghitea, with respect to the real property described
as follows: 11837 Downey Avenue, appealing the actions of the Planning
Commission on Conditional use Permit #246, that a public hearing was duly set
for May 12, 1987 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. The requested Conditional Use Permit will adversely affect the City's
Zoning Code or the General Plan or the public convenience or general
welfare of persons residing or working in the neighborhood, thereof.
2. The requested use, based upon public testimony, will adversely affect
the adjoining land uses and the growth and development of the area in
which it is proposed to be located.
3. The size and shape of the site proposed for the use is not adequate
to allow the full development of the proposed use in a manner not
detrimental to the particular area.
4. The traffic generated by the proposed use will impose an undue burden
upon the streets and highways in the area.
5. The environmental impact of the proposed request has been reviewed
and classified, Class 1, categorically exempt from California
Environmental Quality Act (C.E.Q.A.)
SECTION 2. The City Council further finds and determines that facts do not
exist as required in Section 9166.12 of the Downey Municipal Code to justify
the granting of Conditional Use Permit #246.
SECTION 3. Based upon the aforementioned findings, the City Council hereby
denies with respect to the property described in Section 1, above a
Conditional Use Permit.
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
shall transmit a copy to the Applicant, Building and Safety Division, and City
Planning Division.
APPROVED AND ADOPTED THIS 26th DAY OF May , 1987.
ATTEST;
CI CL ' EN y Y ic,, _James Santangelo, ayor
Resolution No. 4876
Granting the Appeal by Denying
Page 2
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 regular meeting held on
the 26th day of May , 1987 by the following vote of the
Council:
AYES: 5 Council Members: Boggs, Cormack, Barb, Paul, Santangelo
NOES: o Council Members: None
ABSENT: o Council Members: None
ABSTAIN: o Council Members: None
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