HomeMy WebLinkAboutResolution No. 5508RESOLUTION NO. 5508
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND
DENYING CONDITIONAL USE PERMIT NO. 91 -64
FOR PROPERTY LOCATED AT 10331 A -H DOWNEY AVENUE
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
.uCTION 1. The City Council of the City of Downey hereby
finds, determines and declares as follows:
A. An application was filed with the City Clerk's
Office by Thomas Ramirez (hereinafter "Applicant ") for a
conditional use permit to permit the conversion of an 8-
unit apartment project to condominiums located at 10331
A -H Downey Avenue, Downey, California (hereinafter
"Subject Property ").
B. The City Council held a duly noticed public hearing
on July 23, 1991, which was continued to November 26,
1991, and, after fully considering all oral and written
testimony and facts and opinions offered at the aforesaid
public hearing, adopted Resolution No. 5508 denying the
conditional use permit for the Subject Property.
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. That the request will adversely affect the purpose
and intent of the Downey Municipal Code and /or the
City's Comprehensive General Plan, and /or the public
convenience or general welfare of persons residing or
working in the neighborhood thereof, because the property
does not contain the minimum amount of open space
required in the Downey Municipal Code.
B. That this requested use will adversely affect
adjoining land uses and the growth and development of the
area, since the subject site does not contain the
required amount of open space and owners would be
required to find other areas within the neighborhood for
recreation.
C. That the size and shape of this site is not adequate
to allow full development and operation of this use in a
manner not detrimental to this area since the site does
not contain the required open space prescribed by the
Downey Municipal Code.
Resolution No. 5508
Conditional Use Permit #91 -64
Page 2
D. That the traffic generated by this requested use
will not impose an undue burden upon the streets and
highways in the area.
E. That the environmental impacts of this proposed
project has been evaluated and has been determined to be
Categorically Exempt, pursuant to Class 1 (Existing
Facilities) of the State of California Environmental
Quality Act (CEQA).
SECTION 3. Based on the findings set forth in Sections
1 and 2 of this resolution, the City Council of the City of Downey
hereby denies Conditional Use Permit No. 91 -64.
SECTION 4. 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 5. The City Clerk shall certify the adoption of
this Resolution.
1991.
ATTEST:
PASSED, APPROVED AND ADOPTED this 26 th day of, November
City Clerk
Barbara Jzayden, .Mayor
Resolution No. 5508
Conditional Use Permit #91 -64
Page 3
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 thereof, held on the 26th day of November , 1991,
by the following vote, to wit:
AYES: 5 Councilmembers: Cormack, Boggs, Carter, Brazelton, Hayden
NOES: 0 Councilmembers: None
ABSENT: 0 Councilmembers: None
ABSTAINED: 0 Councilmembers: None
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, City Clerk