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Home My WebLink AboutResolution No. 5089 RESOLUTION NO. 5089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, APPROVING ZONE VARIANCE NO. 579 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 Richard Ferber et al., with respect to the real property described as follows: 11212, 11221, 11414, and 11432 Paramount Boulevard, zoned C -2, C -3, M -1, and M -2, requesting a zone variance to Section 9148 of the Downey Municipal Code to exceed allowable signage for an auto dealership; that the Planning Commission heard the matter on August 17, 1988, and approved the variance; that a public hearing was duly set for October 11, and continued to October 25, November 15, and December 13, 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 as they relate to the signs under the zone variance exist which are peculiar to the land involved which are not generally applicable to other lands in the same vicinity and zone since the subject property involves multiple noncontiguous parcels that each has its own signing standards, and permitted signing is not collective for all parcels. 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 changes to certain signs may be premature in view of potential changes that may occur on the properties within 18 months because the properties are located in the City's project area. 3. The special conditions and circumstances described above in paragraph 1 do not result from actions of the applicant. 4. Approval of the variance will not confer a special privilege that is denied by the Zoning Ordinance to other lands and uses zoned similarly. 5. Granting approval of the applicant's variance will not adversely affect the Comprehensive General Plan regarding signing policies for commercial development. 6. The environmental impact of the proposed project, has been reviewed and has been determined to be Class 11, categorically exempt, in accordance with the California Environmental Quality Act (C.E.Q.A.). SECTION 2. Based upon the aforementioned findings, the City Council hereby denies the appeal of Richard Ferber with respect to the property described in Section 1, above, and grants approval of Zone Variance #579, subject to the following conditions: PLANNING 1. This approval shall permit the following three (3) signs to remain as existing until June 13, 1990 in order to provide time for the applicant to participate in the City's Redevelopment program. Upon expiration of this time period, these signs shall be brought into conformance as per Condition #2 of this approval. A. 47 foot high, 241 square foot (per face, including emblem), double- faced, freestanding pole sign with a non - rotating GM emblem, identified as Sign #1. B. 36 foot high, 130 square foot (per face, including emblem), double - faced, freestanding pole sign with a non - rotating GM emblem, identified as Sign #5. Resolution No. _ 9 Zone Variance #579 Page 2 C. 28 foot high, 85 square foot (per face, including emblem), double - faced, freestanding pole sign with a non - rotating GM emblem, identified as Sign #8. 2. Upon the expiration of the time period as specified in Condition #1, signs identified as A, B, and C, shall be either modified or replaced to meet the following standards: A. 43 foot high, 157 square foot (per face, including emblem) double - faced, freestanding pole sign with a non - rotating GM emblem at the street property in a minimum 80 square foot landscaped planter, replaces Sign #1. B. 25 foot high, 67 square foot (per face, including emblem) double - faced, freestanding pole sign with a non - rotating GM emblem at a ten foot (10') setback from the street property line; replaces Sign #5. C. 25 foot high, 67 square foot (per face including emblem) double - faced, freestanding pole sign with a non - rotating GM emblem at a ten foot (10') setback from the street property line; replaces Sign #8. 3. This approval is for the following signs which shall not encroach into the public right -of -way, or, if available, a corporate sign having the closest dimensions as recommended by Staff. D. Four foot (4') high, 12 square foot (per face) double - faced, freestanding directional sign at the street property line, replaces Sign #2. E. Wall Sign - 30" X 14' -0 ", 35 square feet, Sign #3A or #3C, applicant's choice to retain one only. F. Wall Sign - 30" X 35' -0 ", 87.5 square feet, Sign #3B. G. Wall Sign - 100 square feet; replaces Sign #3D. H. 20 foot high, 36 square foot (per face) double- faced, freestanding pole sign at street property line; Sign #4. I. A wall sign on the side of the "Fleet and Leasing" building to replace Sign #7. J. Eight foot (8') high freestanding directional sign to replace pole sign along Firestone identifying "Body Shop - Estimates ". K. 36 square foot wall "Service" sign to replace painted east wall sign identifying "Paramount Chevrolet Co." L. Two (2) existing painted wall signs identifying "Service Hours" - East and West walls of main lot. M. 36 square foot wall "Service" sign to replace painted wall sign identifying "Service Entrance" - west wall, main lot. N. Wall sign to meet code requirements to replace "Paramount Chevrolet Co. Truck Dept" - east side of Paramount Boulevard. 0. Wall signs to meet code requirements to replace "Paramount Chevrolet Medium Duty Trucks - west side of Paramount Boulevard. P. Wall sign to meet code requirements to replace "Fleet and Leasing" wall sign - west side of Paramount Boulevard; as shown on the revised plot plan and elevation dated June 23, 1988. Deviations or exceptions from said plot plan and elevation shall not be permitted without the approval of the City Planning Commission. Resolution No. 5089 Zone Variance #579 Page 3 4. 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. 5. All conditions of Zone Variance #579 application shall be complied with before this Zone Variance becomes valid. 6. A sign plan shall be submitted and approved prior to the installation of any signs. 7. No additional permanent signs shall be permitted on the premises, excepting those indicated on the revised plot plan and elevation. 8. If City approval is contingent on any changes to the plans as submitted, the applicant shall submit three copies of revised plans, incorporating all approved amendments, overlays, modifications, etc. to the Planning Division prior to the issuance of building permits. SECTION 3. Pursuant to the provisions of the California Code of the 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 Procedures providing petition is filed no later than the ninethieth (90) day following the day on which this decision becomes final. SECTION 4. 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 13th day of December , 1988. t J i f c R bert G. E rmack, Mayor ATTEST: Je�. y ` Youn C t - I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the City Council of the City of Downey at a regular meeting held on the 13th day of December , 1988, by the following vote: AYES: 5 Councilmembers: Paul, Barb, Boggs, Hayden, Cormack NOES: 0 Councilmembers: None ABSENT 0 Councilmembers: None ABSTAINED: 0 Councilmembers: None N,, , LT\ Je y our. k't 11 er 2 :cc579reso RMY :ts