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Home My WebLink AboutResolution No. 5564FOLLOWS: RESOLUTION NO. 5564 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CONDITIONAL USE PERMIT NO. 92 -10, A REQUEST FOR AN AUTO REPAIR FACILITY FOR THE PROPERTY LOCATED AT 12160 DOWNEY AVENUE, ZONED C -2 THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. An application was filed with the City Planning Department by Mr. Tom Gibby (hereinafter "Applicant ") requesting a conditional use permit to permit auto repair in the C -2 (General Commercial) zone for the property located at 12160 Downey Avenue, Downey (hereinafter "Subject Property "). B. The Planning Commission held a duly noticed public hearing on April 1, 1992 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1554 approving the conditional use permit. C. On April 14, 1992, the property owner, Mr. Nick Ananias, duly filed a timely appeal from the action of the Planning Commission requesting modification of conditions of approval for Conditional Use Permit #92 -10. D. The City Council held a duly noticed public hearing on May 12, 1992, and continued to June 23, 1992, concerning this resolution 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 granting of this conditional use permit is 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. 5564 Page 2 B. The conditions imposed on the Subject Property by this action are necessary to preserve the health, safety and general welfare of the community. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 3 The environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (C.E.Q.A.) and a Negative Declaration of Environmental Impact has been prepared for the project. ,SECTION 4. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council of the City of Downey hereby approves Conditional Use Permit #92 -10, subject to the conditions of approval attached hereto as Exhibit A. BE 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, The City Clerk shall certify the adoption of this Resolution. PASSED APPROVED AND ADOPTED this 23rd day of June, 1992. ATTEST: it CC�L! City Clerk y c. ; r�C Mayor Resolution No. 5564 Page 3 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 23rd day of June, 1992, by the following vote of the City Council: AYES: 4 Councilmembers: NOES: 1 Councilmembers: ABSENT: 0 Councilmembers: ABSTAIN:3 Councilmembers: c:gibbyres.cc AR /RMY/MMS Cormack, Boggs, Riley, Brazelton Hayden None None n ; City Clerk Resolution No. 5564 Page 4 PLANNINQ EXHIBIT A - CONDITIONS 1. This approval is to permit auto repair in the C -2 zone as shown on the approved site plan dated January 28, 1992. Deviations or exceptions from said site plan shall not be permitted without the approval of the City Planning Commission. 2. The Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. 3. Parking, driveway and landscaping areas shall be constructed and permanently maintained in conformance with Sections 9150 and 9152 of the Downey Municipal Code. 4. The applicant shall comply with all requirements of the Design Review Board of March 14, 1990. 5. 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. 6. This approval shall expire if all conditions are not met by September 1, 1992. ENGINEERINQ 7. The existing curb depression shall be replaced with curb and gutter to the standards of the City Engineering Division. 8. Remove and replace all damaged side walk to City standards. Handicap ramp and parkway trees shall be installed along Downey Avenue and Alameda Street. Said improvements shall be permanently maintained to the standards of the Department of Public Works and the City Engineering Division. Sidewalk corner cut -off shall be constructed along with handicapped ramp. Resolution No. 5,564 Page 5 9. An engineered grading plan and drainage plan for the site shall be submitted by the applicant for approval by the Engineering Division and Building and Safety Division, and the lot shall drain to Downey Avenue and Alameda Street and have not less than a 1% grade, and whenever the grade differential exceeds one foot, a retaining wall shall be required. 10. One 9500 lumen high pressure sodium street Tight shall be installed, by the property owner, on a new marbelite standard with underground service on the east side of Downey Avenue near the northerly property line. 11. The property owner hereby agrees not to object to the installation, by the City, of one 5,800 lumen high pressure sodium street light on the existing wood pole on the north side of Alameda Street at the easterly property line. 12. The property owner hereby agrees not to object to the annexation of the property into the Downey City Lighting Maintenance District. 13. The standards of improvement, construction materials, and methods of construction shall be accomplished in conformance with the standard plans and specifications as outlined by the City of Downey. 14. All necessary drainage structures shall be approved by the Engineering Division. 15. Easterly driveway approach on Alameda Street shall be removed and reconstructed to proposed width. BUILDING AND SAFETY 16. All electrical and telephone utilities shall be installed underground to the standards of the Engineering and Building and Safety Divisions. 17. Obtain all necessary plan approvals and permits. 18. All signs require separate plan approvals and permits. Resolution No. 5564 Page 6 FIRE GENERAL 19. All gates and main entrance must have "knox" access (key switch for electric gates, keys for entry locks). 20. If, at any time, there is found to be "H" occupancy work being done in the B -1 type auto repair garage, the building must be constructed to meet all Uniform Fire code and Uniform Building Code "H" occupancy requirements and the applicant must apply for a new Conditional Use Permit. 21. Secure business license. c:gibbyres.cc2:ts