HomeMy WebLinkAboutResolution No. 5630 RESOLUTION NO. 5630
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE
APPEAL AND RE- AFFIRMING THE ACTION OF THE PLANNING COMMISSION ON
CONDITIONAL USE PERMIT NO. 92 -73 FOR THE PROPERTY LOCATED AT 10717 -19
LAKEWOOD BOULEVARD.
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS:
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.
and Mrs. Nene (hereinafter "Applicant ") requesting a conditional use permit
to lessen the non - conformity on the subject property as it relates to off -
street parking in the R -3 (Multi - Family Residential) zone, as specified in
Section 9154.12 of the Downey Municipal Code at property located at
10717 -19 Lakewood Boulevard, Downey, California (hereinafter "Subject
Property ") .
B. The Planning Commission held a duly noticed public hearingcn
November 10, 1992, which was continued to December 8, 1992 and, after
fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 1599
approving the conditional use permit.
C. On October 1, 1992, the property owners, Mr. and Mrs. Nene duly
filed a timely appeal from the action of the Planning Commission requesting
modification of conditions of approval for Conditional Use Permit #92 -73.
D. The City Council held a duly noticed public hearing on November 10,
1992 which was continued December 8, 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 denial of the modification of conditions of the conditional use
permit is consistent with and in conformance with the General Plan and
Zoning Code of the City of Downey since the General Plan promotes
property maintenance and the Zoning Code requires that covered parking
shall be provided and parking /driveway areas be paved in all residential
zones.
Resolution No. 5630
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 Class 1 categorically exempt from the California
Environmental Quality Act (C.E.Q.A.).
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 denies the appeal of the
property owners re- affirming the Planning Commission action on Conditional Use Permit
No. 92 -73.
SECTION 5. Pursuant to Government Code Section 68907 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 eny
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 8th day of December, 1992.
Diane Boggs / / Mayor
ATTEST: >
Ai-
City Clerk
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Resolution No. 5630
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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 8th day of
December, 1992, by the following vote of the City Council:
AYES: Councilmembers: Riley, Brazelton, Lawrence, McCaughan, Boggs
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
.. J
City Clerk
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