HomeMy WebLinkAboutResolution No. 5228 RESOLUTION M). 5228
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY , DENYING THE APPEAL AND
DENYING CONDITIONAL USE PERMIT NO. 290
The City Council ot the City of Downey does resolve as follows:
SECTION 1. The City Council does hereby find and determine that an application
was duly tiled by Dale Kirk, with respect to the real property described as
follows: 9641 E. Imperial Highway, Downey, California; requesting a conditional
use permit to allow a cowing service and storage yard in the M zone; that a
public hearing was duly set tor November 14, 1989, 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 Council and in its behalf reveal the following facts:
a) That the requested conditional use permit, to establish and maintain a
towing service and storage yard, will adversely affect the purpose and intent of
Chapter I, Article IX or the City's General Plan or the public convenience or
general welfare of persons residing or working the neighborhood due to the fact
that the subject property is adjacent to residentially zoned properties ana
uses; and since the activity generated by the proposed use will impact the
surrounding residential uses.
b) That the requested use will adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located since
the towing service and outdoor storage is not appropriate tor the subject
property, although it is zoned tor manufacturing, due to its adjacency to the
residential zone and uses because ot the possible harmful affects certain
materials which would be brought to and stored on the subject property would
have on neighboring properties.
c) That, although the size and shape of the site
g p proposed tor the use is
adequate to allow the full development of the proposed use, the development of
such use would be detrimental to the particular area since the proposed use is
not compatible with the surrounding uses.
d) That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area since the subject property is
serviced directly from Imperial Highway, a major highway. However, the traffic
generated within the subject property would adversely affect the adjoining
residential uses due to the anticipated hours of operation.
SECTION 2. An Initial Study of Environmental Impact and a Negative Declaration have
been prepared for the project in accordance with the provisions of the California
Environmental Quality Act and the State CEQA Guidelines. Prior to denying the project,
the City Council considered the Initial Study and the Negative Declaration together
with any comments received during the review process. On the basis of the Initial
Study and any comments received in the public review process, the City Council finds,
determines, and declares that there is no substantial evidence that the project may
have a signifcant adverse effect on the environment. The City Council hereby, approves
the Negative Declaration for the project.
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Resolution No. 5228
Conditional Use Permit 4290
Page 3
SECTION 3. 'Ihe City Council further finds and determines that facts do not exist
as required in Section 9166.12 of the Downey Municipal Code co grant this
conditional use permit.
SECTION 4. 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 5. This action shall become final and effective fifteen (15) days atter
the date of the adoption of this Resolution unless during that time a written
appeal is taken to the Downey City Council.
SECTION 6. It any section, subsection, sentence, clause, phrase or work of this
Resolution is tor any reason held to be invalid by a court of competent
jurisdiction, such decision shall not effect the validity of the remaining
portions of this Resolution. The City Council HEREBY DECLARES that it would have
passed and adopted this Resolution irrespective of the tact that any one or more
of said provisison may be declared to be invalid.
SECTION 7. The secretary shall certify to the adoption of this Resolution and
shall transmit a copy to the applicant, Building and Safety Division, and City
Engineering Division.
APPROVED AND ADOPTED this 14th day of November , 1989.
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Randall :ar• , Mayor
ATTEST:
DICat
City Clerk
I HEREBY CERTIFY that the foregoing is a true copy ot a Resolution adopted by the
City Council of die City of Downey at a regular meeting held an the 14th day
ot November 1989, by the tollowing vote:
AYES: 4 Council Members: Paul, Cormack, Boggs, Barb
r
NOES: 1 Council Members: Hayden
ABSENT: 0 Council Members: None
ABSTAINED: 0 Council Members: None
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-- City Clerk