HomeMy WebLinkAboutResolution No. 5763 RESOLUTION NO. 57 63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
GRANTING THE APPEAL AND APPROVING A TIME EXTENSION FOR THE
CONTINUATION OF A NONCONFORMING USE INVOLVING THE CONDUCT
OF DOG GROOMING AND NO ANIMAL BOARDING ON PROPERTY LOCATED
AT 11943 PARAMOUNT BOULEVARD, ZONED C -1 (NEIGHBORHOOD
COMMERCIAL)
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. A written request from a Mr. Rod N. Sa, was made to the City of Downey Planning
Commission on August 10, 1993, for a time extension to continue the operation of a
nonconforming use, "dog grooming", with no animal boarding, in the C -1 (Neighborhood
Commercial) Zone within an existing pet store located at 11943 Paramount Boulevard.
B. The Planning Commission held a hearing on the matter on October 20, 1993, and after
considering both written and oral comments from the operators of the pet store regarding the
expiration of the nonconforming "dog grooming" use, with no animal boarding, and their
request for a reinstatement of a new time extension to continue with the nonconforming activity;
adopted a Minute Action denying said time extension.
C. On November 4, 1993, Mr. Rod N. Sa, owner of the pet store conducting the
nonconforming "dog grooming" activity, with no animal boarding, filed a letter with the City
Clerk's Office appealing the decision of the Planning Commission for denying the request for
time extension.
D. The City Council held a hearing on January 25, 1994, concerning this resolution and
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fully and carefully considered all oral and written comments and all facts and opinions offered
at the aforesaid hearing prior to adopting this resolution.
SECTION 2. Having considered all of the oral and written evidence presented to it at said
hearing, the City Council further finds, determines and declares that:
A. The consideration by the City in approving two previous time extensions, the first time
extension was granted on September 21, 1988; and the second was granted on March 7, 1990,
with said extension to expire on February 29, 1992, to coincide with the applicant's lease was a
reasonable length of time for allowing the continuation of the nonconforming activity.
B. The consideration of the previous time extensions was in keeping with the intent of
Section 9154.34 of the Downey Municipal Code, wherein it was demonstrated the necessity of
the time extension, so as not to impair the property rights of the business operator lease.
City Council Resolution No. 5763
Page 2
C. The applicant has now stipulated a time extension for a maximum of four (4) months is
needed to complete the requirements of the city for either relocating or suspending the "dog -
grooming" activity, with no animal boarding, on above subject property, on or before June 8,
1994; and said extension shall continue to require the conditions stipulated under the original
time extension relating to compliance with the Los Angeles County Health Department
provisions.
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the
City Council of the City of Downey hereby grants the appeal and approves a time extension for a
maximum of four (4) months, to expire on June 8, 1994, the continuation of a nonconforming use,
"dog grooming ", with no animal boarding, in the C -1 (Neighborhood Commercial) zone, on property
located at 11943 Paramount Boulevard, and subject to the operation of said dog - grooming activities in
conformance with the requirements of the Los Angeles County Health Department.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 8th day of February, 1994.
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Robert S. Brazelton, ayor
ATTEST: f,,,,,,e
6 4, ;;k?4J4cM%LLt .
udith E. McDonnell
C ity Clerk
I HEREBY CERTIFY that the foregoing is true copy of a Resolution adopted by the City Council of
the City of Downey at a regular meeting thereof, held on the 8th day of February, 1994, by the
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following vote, to wit:
AYES: 5 COUNCILMEMBERS: McCaughan, Riley, Boggs, Lawrence, Brazel ton
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 0 COUNCILMEMBERS: None
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41 - ' y 6z-zi_te_
( / Ju % ith E. McDonnell, City Clerk
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