HomeMy WebLinkAboutResolution No. 5076 RESOLUTION NO. 5076
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY, GRANTING ZONE VARIANCE #586
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 duly filed by the Estate of G. & T. Rolland with respect to the real property
described as follows: 8821 Lindell Avenue, Downey, California, requesting a zone
variance to Section 9148 of the Downey Municipal Code to allow pole signs on
Lakewood Boulevard and Lindell Avenue which have less than the 150 feet of lot
frontage required and to permit these signs without required planters; that a
public hearing was duly set for September 27, 1988 and continued to October 11,
1988, 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 City Council
and in its behalf reveal the following facts:
1. Special conditions and circumstances do exist which are peculiar to the
land involved which are not generally applicable to other lands in the same
vicinity and zone since the irregular shaped property deprives the
applicant of the normal street frontage needed for signing identification.
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 other forms of signing, a
monument sign for example, would not provide the type of normal visability
due to the irregular shape of the property.
__ 3. Special conditions and circumstances would not result from actions of
the applicant if this zone variance is approved, since conditions will be
developed to insure the purpose and intent of the Signing Ordinace of the
city.
4. Approval of the variance will not confer a special privilege that is
denied by the Zoning Ordinance to other lands, since the trapezoidal shape
of this property is atypical for a commercial property.
5. Granting approval of the applicant's request will not adversely affect
the Comprehensive General Plan, since the proposed use is advancing a
commercial land use and conditions have been developed to insure the
signing will follow the intent of the City.
6. That the environmental impact of the proposed project has been reviewed
and has been certified to be in compliance with the California
Environmental Quality Act (C.E.Q.A.) and the City's Guidelines, and is
Class II, categorically exempt.
SECTION 2. The City Council further finds and determines that facts exist as
required in Section 9164.18 of the Downey Municipal Code justifying the granting
of this variance.
SECTION 3. Based upon the aforementioned findings, the City Council hereby
approves, with respect to the property described in Section 1, above, this zone
variance, subject to the following conditions:
PLANNING
1. This approval is to Credit Auto Mart for the establishment of a single pole
sign which measures 18 feet high and 32 square feet (4' X 8') in area to be
located along Lakewood Boulevard which shall be within an 80 square foot
landscaped planter and shall not project across the public right -of -way, as
shown on the revised plot plan dated August 21, 1988. Deviations or exceptions
from said approval shall not be permitted unless approved by the Planning
Commission.
2. This approval shall prohibit a freestanding pole sign on Lindell Avenue.
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Zone Variance #586
Resolution No. 5076
3. The applicant shall execute a covenant in a form provided by the Planning
Division, stating that said properties shall be held as one property and at
such time Credit Auto Mart no long operates from the subject property said pole
sign shall be removed, and this covenant shall be recorded with the Los Angeles
County Recorder's Office and a copy filed with the Planning Division.
4. At such time as Credit Auto Mart ceases operation from the subject
property, this approval shall become null and void.
5. This approval shall become effective upon completion of all conditions of
Zone Variance #586.
6. The Planning Commission shall maintain 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 welfare.
Building and Saftey
7. Obtain all necessary planning and building permit approvals.
SECTION 4. Pursuant to the provisions of the California Code of Civil Procedures,
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 Procedures
providing petition is filed no later than the ninetieth (90th) day following the
day on which the decision becomes final.
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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
Engineering Division.
ADOPTED AND APPROVED this llth day of October —y-19
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67 oKert G. or Mack, ' Mayor
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ATTEST:
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J Y.' C iCl er
I HEREBY CERTIFY that the foregoing Resolution was adopted by lheCity Council of �
the City of Downey at a regular meeting, thereof, held on the day of
October , 1988, by the following vote:
AYES: 5 Council Member: Paul, Barb, Boggs, Hayden, Cormack
NOES: 0 Council Member: None
ABSENT: 0 Council Member: None
ABSTAINED: 0 Council Member: None -N
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