HomeMy WebLinkAboutResolution No. 5281 RESOLUTION NO°528I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
GRANTING THE APPEAL UN PERMISSIVE CONDITIONAL
USE PERMIT #87-1 (REV 1)
MODIFYING CONDITION OF PERMISSIVE
CONDITIONAL USE PERMIT NO, 87-1 RESOLUTION NO, 4917
TJ PERMIT LIMITED USE OF THE ASSISTANCE LEAGUE'S
~ REAR GATE FOR EXITING TRAFFIC
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
~ behalf ' f Lh Assistance L f U
was duly filed by Judith Faust on of the eague of Downey, w ith
respect to the real property described as follows: 7749 Florence Avenue, Downey,
California; requesting the modification of Condition #6 of Permissive Conditional
Use Permit #87-1, to allow the use of the emergency gate in the rear of the parcel
on d limited basis; that a public hearing was duly set for April 10, 1990 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:
a) That the requested Permissive Conditional Use Permit will not adversely
affect the purpose and intent of Chapter I, Article IX of the City's
General Plan or the public convenience or general welfare of persons
residing or working in the neighborhood because the use of this
property's rear gate will not result in an inordinate number of
vehicles exiting this property and will not, therefore, unduly impact
this area, nor will it be inconsistent with the General Plan's
designation of this neighborhood.
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b) That the requested use Will not adversely affect the adjoining and
uses and the growth and development of the area in which it is proposed
to be located because the added traffic utilizing the surrounding
public streets will be consistent with the volumes these streets are
designed to support.
c) That, the size and shape of the site proposed for this use is is
adequate to allow the full development of the proposed use in a manner
not detrimental to the particular area since the application involves
the use of an existing driveway for exiting traffic only.
d) That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area because the streets
adjoining this use have adequate capacity to accept the added peak hour
trip-ends that would result from this project.
e) An Initial Study was conducted and this project was determined to be a
Class I Categorically exempt project in accordance with the
requirements of the California Environmental Quality Act (C.E.Q.A.) and
the City's Guidelines. This project has been certified to be a Class
I, categorically exempt, project.
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Page 2
PCUP 87-1 (Rev 1)
SECTION 2. The City Council further finds and determines that facts do exist as
required in Section 9166~12 of the Downey Municipal Code to grant modification of
said Permissive Conditional Use Permit.
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SECTION 3. Based upon the aforementioned findings, the City Council hereby grants
modification of Condition #6 of said Permissive Conditional Use Permit with
respect to the property described in Section 1, above, Suhiect to the following
conditions:
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PLANNING
1. This approval is for modification of Condition #6 of Permissive
Conditional Use Permit 87~1 to allow the use of the vehicle gate
located on the north end of the subject property to be used for exiting
traffic, ingress and egress for emergency vehicles, and maintenance
including trash vehicles. The pedestrian t adjoining the subject
vehicle gate shall remain locked or unlocked at the option of the
property owner for ingress or egress of pedestrians as shown on the
approved plot plan dated December 28, 1989^ Deviations or exceptions
from said plot plan and elevation shall not be permitted without the
approval of the City Planning Commission.
2. The Planning Commission shall retain jurisdiction to amend or add
Conditions upon public notice or hearing to assure compatibilit
the purpose and intent of the Comprehensive Zoning Ordinance - nd to
protect the public health, safety, and general welfare.
3. Al} conditions of PCUP 87-1 except Condition #6 shall be made a part
of this approval,
4. The League shall limit the use uf the subject vehicle gate (at the rear
of the site) to the hours of 8:00 a.m. - 6:00 p.m. daily. This gate
shall only be used by League members to exit this rear parking lot.
Use of the rear parking area shall only be Utilized by those persons
who by virtue of their support activities have a reasonable need to use
this parking area.
SECTION 4. If any section, subsection, sentence, clause, phrase or work of this
Resolution is for 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 fact that any one or more
of said provisison may be declared to be invalid.
3EC|IUN 6. 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 mutter may be
had pursuant to Section 1094°6 of the California Code of Civil Precedure providing
a petition is filed no later than the ninetieth '90\ day following the day on
which this decision becomes final.
Page 3
PCUP 87-1 (Rev l\
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and
Shall transmit a copy to the applicant, Building and Safety Division, and Cit Division.
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AM.., APPROVED AND ADOPTED this 10th day of April , 1990,
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: ' ' ' ' TA 1 ' ' ' 7 / d /1
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Randall ' R - ^^' r , Mayor
ATTEST:
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City Clerk
' I HEREBY CERFIFY that the foregoing is u true copy of a Resolution adopted by the
City Council of the City of Downey at a regular meeting held on the 10th day
of April , 1990, by the following vote:
AYES: 4 Councilmembers: Hayden, Paul, Cormack, Barb
NOES: 1 Councilmembers: Boggs
ABSENT: O Councilmembers: None
ABSTAINED: O Councilmembers: None
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