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HomeMy WebLinkAboutResolution No. 4950 RESOLUTION NO. 4950 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, GRANTING ZONE VARIANCE NO. 525 AND REVERSING THE ACTION OF THE PLANNING COMMISSION AS SET FORTH IN ITS RESOLUTION NO. 1051 THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FFOLL S : SECTION 1. The City Council does hereby find and determine that an application was filed by Laura Kim for approval of Zone Variance No. 525 with respect to real property described as follows: 7676 Firestone Boulevard. After conducting a duly noticed public hearing, the Planning Commission adopted its Resolution No. 1051 denying said application. Within the time required by law, the applicant appealed the action of the Planning Commission on Zone Variance No. 525. A public hearing was duly set before the City Council for October 13, 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. The aforesaid hearing was duly held at the aforementioned time and place. Evidence consisting of the application, hearing notices, plans, Staff Reports and studies, environmental assessments, Planning Commission Resolution No. 1051, and all other papers, documents and correspondence on file for Zone Variance #525, together with testimony and documents presented at the City Council hearing, were received by the City Council. Based upon said evidence, the City Council makes the following findings: (A) The application filed by Laura Kim was in connection with the operation of the facility known as the Downey Galleria, and was a request to reduce the number of required parking spaces for a banquet room facility as an ancillary use for an existing restaurant in the C -2 zone. (B) Special conditions and circumstances exist which are peculiar to the building involved and which are not generally applicable to other buildings in the same vicinity and zone because the building was originally designed for use as a bowling alley and was renovated for use as an enclosed mall for retail sales. This change in the facility's use necessitated certain design compromises which in turn, necessitated modifications to normal retail mall operations and business hours. (C) The literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same vicinity and zone in which the property is located because of the unique mix of land uses contained in one building and because the land uses have different peak hours of parking demand. (D) Special conditions and circumstances do not result from the actions of the applicant because the existing building was renovated to accommodate a different use, creating areas of under- utilized floor area which the zoning ordinance nevertheless requires be made part of the calculation for required parking. (E) Granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning ordinance to other lands in the same vicinity and zone in which the property is located because the existing parking on the site is under - utilized for the existing enclosed mall and restaurant uses in the building. (F) The granting of such variance will be in harmony and not adversely affect the Comprehensive General Plan. (G) A Negative Declaration has been prepared for the project in compliance with the California Environmental Quality Act. Resolution No. 4950 Zone Variance #525 page 2. (H) The non- conforming use of neighboring lands, structures, or buildings in the same district or the non- conforming use of lands, structures or buildings in other districts were not considered as grounds for the issuance of this variance. (I) Zone Variance #525 is the minimum variance that will make possible the reasonable use of the land, building or structure, in that it allows the existing parking to serve parking demands by taking into consideration the different use's peak parking demand periods. Further, Zone Variance #525 allows for the more efficient use of the existing structure by allowing a multitude of uses at the building, thereby providing maximum opportunity for realization of the applicant's economic goals. (J) The City Council finds that for the reasons set forth in the application, the granting of Zone Variance #525 is justified. SECTION 2. The City Council further finds and determines that conditions necessary to grant a zone variance as required in Section 9164.18 of the Downey Municipal Code do exist. SECTION 3. Based upon the aforementioned findings, the City Council hereby grants the appeal of Zone Variance #525 with respect to the property described in Section 1 above, a Zone Variance subject to the following conditions: PLANNING 1. This approval is for a Zone Variance to Section 9150 of the Downey Municipal Code to reduce by 40 spaces the number of required parking spaces for a banquet roan facility, which is an ancillary use to an exiting restaurant, shown on the approved plot plan dated July 23, 1987. Deviations or exceptions from said plot plan and elevation 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 #245 and Zone Variance #525 applications shall be complied with before Zane Variance #525 becomes valid. 4. All necessary permits for the banquet room facility shall be obtained prior to the issuance of a Certificate of Occupancy. 5. The banquet room will be rented to private groups through the restaurant office for use at a particular time and day. The banquet room will not be open to the general public nor will it be used as a bar or nightclub. Resolution No. 4950 Zone Variance #525 page 3. 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 decision 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 this 10th day of November , 1987. ATTEST: Ci. - k �-- Diane P. Boggs, Wayor I IftiNnY 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 10th day of November , 1987, by the following vote of the Council. AYES: 3 Council Members: Paul, Santangelo, Boggs NOES: 2 Council Members: Barb, Cormack ABSENT: 0 Council Members: None ABSTAINED: 0 Council Members: None tr. ZC--