HomeMy WebLinkAboutResolution No. 4999 RESOLUTION NO. 4999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING THE APPEAL OF ZONE VARIANCE #550
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 Cloverleaf Group, with respect to the real property described as
follows: 13101 -13113 Lakewood Boulevard, appealing the actions of the Planning
Commission on Zone Variance #550; that a public hearing was held onMay 10, 1988,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, structure or buildings involved and which are not generally
applicable to other lands, structures or b u i l d i n g s in the same
vicinity and zone. These include the following:
a. Involved is a neighborhood strip center that will cater
extensively to the needs of neighboring residents. Unlike most other
commercially zoned properties, this property is not surrounded by other
commercial uses, but is neighbored largely by apartments and single-
family residences. The proposed development w i l l contain several small
eating establishments, which will largely serve the local residents for
whom these services are not available in such close proximity to the
community. Because of the unique neighborhood location, many of the
center's customers are within walking distance and will not require the
use of parking facilities.
b. Two hundred fifty -one (251) signatures from neighboring residents
were obtained on a petition supporting this application for a variance.
The petition acknowledged that ordinarily only 1,000 square feet of
restaurants /food space would be allowed with the current number of
parking spaces available. The residents indicated that the planned food
uses would benefit the surrounding community, and not one refused to sign
the petition.
c. The property is located in a low-density area which is not, like
most other commercial properties, surrounded by other commercial uses
which generate parking demand. A cemetery located to the northeast and
the Century Freeway located a couple of hundred yards to the north are of
a permanent nature and will guarantee that the parking demand in the area
will remain modest in the future.
d . Eight hundred ninety -seven (897) square feet of the property w i l l
be dedicated to the City in order to allow a realignment of Gardendale.
This land could have been used for an additional three (3) or four(4)
parking spaces, which would have further reduced this request for
variance to as few as two or three spaces.
(2) The literal interpretation of the provisions of this ordinance would
deprive the applicant of rights commonly enjoyed by other properties
in the same vicinity and zone in which the property is located.
a. This location requires less parking because of the higher
percentage of customers who are within walking distance. Other
commercial establishments could not expect the same degree of foot
traffic and would consequently require more on -site parking.
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b. Other centers contain restaurants or food establishments with a
much slower turnover rate. For instance, commuters using the donut or
ice cream food f a c i l i t i e s of the center could ordinarily be expected to
remain on the site for a few minutes only. Even if the food were eaten
,r--
in one of the fixed seats, it would be uncommon for a patron to remain
more than 15 minutes. These are not the types of establishments where
one would spend a breakfast or lunch hour. The same is true of the other
proposed food outlets. Since they will each have only 1,000 square feet,
they will be "take -out" types of operations serving, for instance, pizza
and Chinese food.
c. The types of food establishments involved do not experience the
same type of "peak" operating periods. The usual "sitdown" type of
restaurant will experience unusually heavy peak periods at lunch and
dinner time where customers remain for a protracted period, with a
consequent heavy demand on parking. In applicant's case, for example,
the peak periods for ice cream and donuts are not as severe. Moreover,
the donut store will be busier during the morning hours, whereas ice
cream tends to be purchased later in the day. Therefore, it is not
expected that these establishments will experience high demand at the
same time.
d. Given the higher turnover rate, the number of customers not
using parking, and the fact that some of the stores will be operating at
different peak hours, a variance for six (6) parking spaces is
reasonable.
(3) The special conditions and circumstances do not result from actions
of the applicant.
Applicant will lose the use of three (3) or four (4) parking spaces
because of the land that is being dedicated to the City. The request for
variance as to those spaces does not result from the actions of the
applicant. Also, the fact that the property is located in the low
density area with permanent neighboring uses. such as the cemetery and
freeway, do not result from the applicant's actions.
(4) Granting the variance will not confer on the applicant any special
privilege that is denied to other lands, structures or buildings in
the same vicinity and zone in which the property is located.
a) Other neighborhood centers contain far fewer parking spaces than
those provided by applicant, although it is acknowledged that such
centers do not include as much fast -food square footage. However, given
the nature of the proposed food establishments, with the fast turnover of
customers and consequent decrease in demand for parking, and given that
these food establishments will generally operate at different peak
business hours, it is apparent that applicant will not be given any
special privileges which other businesses do not enjoy. For instance,
centers containing establishments such as liquor stores, video stores and
junior markets are required to have fewer parking spaces under the Code,
though they are not likely to experience a si gni fcantly faster customer
turnover rate than are the businesses located at applicant's property.
b) The Downey Galleria was previously granted a variance by the City
Council because its banquest room was to be operated at different hours
than the rest of the building. Granting applicant a variance for the
reason that its food establishments w i l l operate at different peak hours
will not be granting a special p r i v i l e g e but w i l l be in keeping with the
variance granted in the Downey Galleria case.
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(5) The granting of the variance will be in harmony and not adversely
affect the comprehensive general plan.
Granting approval of the variance will be in harmony and not
adversely affect the comprehensive general plan since the general plan
provides for commercial activities to be conducted on applicant's
property, including usage as a retail center. The granting of the
variance would be in keeping with this intent.
SECTION 2. The City Council further finds and determines that facts do exist as
required in Section 9150 of the Downey Municipal Code to justify the granting of
Zone Variance #550.
SECTION 3. Based upon the aforementioned findings, the City Council hereby grants
with respect to the property described in Section 1, above, a Zone Variance.
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.
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APPROVED AND ADOPTED THIS 24th da y of ma Y , 1988.
ATTEST:
Diane Boggs, May
Jenn Y:' g, C1 erk
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 24th of May , 1988, by the following vote:
l
AYES: 3 Council Members: Santangelo, Paul, Boggs
NOES: 1 Council Members: Cormack
ABSENT: 0 Council Members: None
ABSTAIN: 1 Council Members: •
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