HomeMy WebLinkAboutResolution No. 5082 RESOLUTION NO. 5082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING CONDITIONAL USE PERMIT
NO. 270 AND UPHOLDING THE ACTION OF THE
PLANNING COMMISSION AS SET FORTH IN ITS
RESOLUTION NO. 1116
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 Ulii Led
College of Business with respect to the real property
described as follows: 8345 Firestone Boulevard, requesting
to modify Conditional Use Permit No. 234, by permitting a
maximum student occupancy of 370 students in the C -3 zone;
that after a duly noticed and conducted public tearing, the
Planning Commission adopted Resolution No. 1116 denying the
application; that within the time permitted by law, the
applicant appealed the action of the Planning Commission;
that a public hearing was duly set for June 28, 1988 at 7:30
p.m., in the Council Chamber of the Downey City Hall, 1111
Brookshire Avenue, Downey, California, and a notice of the
date, time, place and purpose of the hearing was duly given;
that the hearing was continued to August 23, 1988. On
August 23, a public hearing was duly held and continued to
September 13, 1988 and October 11, 1988, to obtain and
evaluate further evidence. Evidence consisting of the
application and all other papers, documents and studies
submitted by the applicant; plans; staff reports and
studies; Planning Commission Resolution Nu. 1116; LesLimony
from the dpplicdllL, his representatives and supporters;
testimony.and letters from opponents of the application; and
all other papers and documents in the Conditional Use Permit
No. 270 file, were received and considered by the City
Council. Said evidence reveals the following facts:
A. The requested Conditional Use Permit to
increase the total number of students on the
subject property will nearly double the
maximum enrollment from the existing maximul(l
permitted enrollment of 250 persons to a
proposed maximum of 450 persons.
B. Testimony and letters have been received from
businesses in the vicinity of the school
detailing various adverse impacts the school,
at its present enrollment, is having on the
businesses, including adverse parking impacts,
increased litter and loitering students.
C. Increasing the enrollment at the school will
adversely affect the public convenience and
general welfare of persons working in the
neighborhood of the school because students of
the school presently park in areas not
allocated for student parking; students have
caused increased litter in the neighborhood;
and students have confronted and intimidated
employees of the neighboring businesses.
D. Increasing the enrollment at the school will
adversely affect adjoining land uses and the
growth and development ut the area because
students of the school presently park in areas
not allocated to student parking, decreasing
the availability of convenient parking for
businesses in the area and discouraging
potential customers of the businesses; the
public parking areas which serve the
businesses in the vicinity are overburdened;
,students have caused increased litter in the
vicinity; acid students loitering in the
vicinity intimidate business patrons.
E. The size of the site is inadequate to
accommodate the demands of an increase of 200
students because the negative impacts
described in paragraphs B, C and D will be
exacerbated and will be detrimental to the
area.
F. Increasing the enrollment at the school will
increase pedesLLiaa and automobile traffic on
Firestone Boulevard and Dolan Avenue,
especially if the applicant continues its
current practice of permitting students
enrolled at the site to take classes at the
Wallar Building located across Firestone
Boulevard, and will increase the parking
burden in the area, including parking on
nearby streets.
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 justifying the granting
of Conditional Use Permit No. 270.
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 decision
regarding this matter may be had pursuant to Section 1094.5
of the California Code of Civil Procedure providing a
Petition is filed no later than the ninetieth (90th) day
following the day on which this decision becomes final.
SECTION 5. The City Clerk shall certify to the
adoption of this Resolution and shall transmit a copy to the
Applicant, Building and Satety Division, and City Planning
Division.
ADOPTED AND APPROVED this 25th day of October,
1988.
t
, J' _ i 1.
ayor
Robert G. Cormack
ATTEST: - -
c . t iariu enny ' .ig
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DOWNEY )
1, JENNY YOUNG , City Clerk of the City of
Downey, DO HEREBY ERTIFY that the foregoing Resolution No.
5082 is a true copy of a Resolution adopted by the City
Count - of the City of Downey at regular meeting held on the
25th of October , 1988, by the following vote:
AYES: 5 Council Members: Paul , Barb, Boggs, Hayden, Cormack
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
ABSTAIN:0 Council Members: None
,jenny Ypg;R t y C e r k —
APPROVED AS TO FORM:
/s/ Peter Thorson
City Attorney
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