HomeMy WebLinkAboutResolution No. 5489 RESOLUTION NO. 5489
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPEAL OF A REQUEST TO MODIFY CONDITIONS
OF ZONE VARIANCE #660 BY EXTENDING THE WORK SCHEDULE
FOR PROPERTY MAINTENANCE AT 7447 FIRESTONE BOULEVARD,
ZONED C -2.
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby finds determines
and declares as follows:
A. An application was filed with the City Planning
Department by Christos Smyrniotis,(hereinafter "Applicant ")
for modification of conditions of Zone Variance #660 by
extending the work schedule for property maintenance at
7447 Firestone Boulevard (hereinafter "Subject Property ").
B. The Planning Commission held a duly noticed public
hearing on June 19, 1991, and after fully considering all oral
and written testimony and facts and opinions offered at the
aforesaid public hearing, adopted a Minute Action denying the
modification of conditions of Zone Variance #660 for the
Subject Property.
C. On June 21, 1991, the Applicant duly filed a timely appeal from the
action of the Planning Commission denying the modification of conditions
for Zone Variance #660.
D. The City Council held a duly noticed public hearing on July 23, 1991,
and August 27, 1991,concerning this minute action and fully and carefully
considered all oral and written testimony and all facts and opinions offered
at the aforesaid public hearing prior to adopting this resolution.
SECTION 2, Having considered all of the oral and written testimony and all
facts and opinions offered at the public hearing before it, the City Council further finds,
determines and declares that:
A. The modification of conditions of the zone variance by this
resolution remain consistent with and in conformance with the
General Plan of the City of Downey and each of the chapters thereof
since the General Plan promotes property maintenance.
Resolution No. 8
Zone Variance #660
Page 2
B. The modified conditions imposed on the Subject Property by this
action are necessary to preserve the health, safety and general
welfare of the community.
SECTION 3. In accordance with the provision of the California
Environmental Quality Act, California Environmental Quality Act Guidelines and the City
of Downey's revised environmental procedures, this zone variance is categorically exempt,
Class 11.
SECTION 4. Based on the findings set forth in Sections 1 and 2 of
this resolution, the City Council of the City of Downey hereby approves the appeal of the
applicant and modifies the conditions of Zone Variance #660 for an extension of a work
schedule at 7447 Firestone Boulevard to read as follows:
1. The applicant shall submit and receive approval from the Planning Division,
plans reflecting the required landscaping and improvements to the required off -
street parking areas (including paving and repairs as needed), within 30 days of
this action; and the applicant shall post a Cash Bond in the amount of said
improvements to insure completion.
2. All of the required work established as conditions of approval for Zone Variance
#660 shall be completed on or before November 30, 1991, to the satisfaction of
the city. The applicants failure to complete said requirements by the date specified
hereinabove shall cause this action on the variance to be deemed a denial of the
time extension.
SECTION 5. Pursuant to Government Code Section 65907 and Code
of Civil Procedure Section 1094.6, any action or proceeding to attach, review, set aside,
void or annul this decision, or concerning any of the proceedings, acts, or determinations
taken, done or made prior to such decision, or to determine the reasonableness, legality
or validity of any condition attached to this decision shall not be maintained by any person
unless the action or proceeding is commenced within ninety (90) days of the date of this
Resolution and the City Council is served within one hundred twenty (120) days of the
date of this Resolution. The City Clerk shall send a certified copy of this Resolution to the
Appellant at the address of said person set forth in the record of the proceedings and
such mailing shall constitute the notice required by Code of Civil Procedure 1094.6.
SECTION 6. Resolution No. 5477 adopted August 27, 1991, is
hereby repealed.
•
Resolution No. 5489
Zone Variance #660
Page 3
SECTION 7. The City Clerk shall certify the adoption of this
Resolution.
PASSED APPROVED AND ADOPTED thislOth day of September, 1991.
Mayor
ATTEST:
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Downey at a regular meeting thereof, held on the 10t day of
September 1991, by the following vote of the City Council:
AYES: 4 Councilmembers: Cormack, Boggs, Brazel ton, Hayden
NOES: 0 Councilmembers: None
ABSENT: 0 Councilmembers: None
ABSTAIN: 0 Councilmembers:
1.c f
City Clerk
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