HomeMy WebLinkAboutResolution No. 5897 RESOLUTION NO. 5897
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING AN ADMINISTRATIVE APPEAL REGARDING THE BRINGING
INTO COMPLIANCE WITH THE CITY'S SIGNING ORDINANCE THE
SIGNS ON PROPERTY LOCATED AT 11146 DOWNEY AVENUE, ZONED
C -3 (CENTRAL BUSINESS DISTRICT)
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 appeal dated June 1, 1995, along with
appeal fee was received from Mr. Gene Koon, Attorney
representing the property /business owners of property
located at 11146 Downey Avenue, appealing the
administrative decision of the City Planner pursuant to
Section 9172.18 of the Downey Municipal Code.
B. The Planning Commission held a hearing on May 17,
1995, at 7:30 P.M. in the Council Chambers of Downey
City Hall, located at 11111 Brookshire Avenue, Downey,
California, and, after fully considering all oral and
written testimony and facts and opinions offered at the
aforesaid hearing, adopted Resolution No. 1745, denying
the Administrative Appeal.
SECTION 2. Having considered all of the oral and
written evidence presented to it at said hearings, the City
Council further finds, determines and declares that:
A. The City Council finds and concurs with the
decision of the Planning Commission regarding the Staff
finding that the definition provided in Section
9148.06(k) of the Downey Municipal Code for "building
frontage" is sufficiently clear for purposes of
satisfying the requirements of the signing ordinance
relating to the computation of total allowable signing
area.
B. The City Council also concurs with the Planning
Commission decision regarding the finding that the
signing ordinance relating to the determination for
signing area, based upon "building frontage" along with
the determination involving the number and placement of
signs is not ambiguous; and Staff accurately applied
the sign code requirement relating to "building
frontage" to the subject property.
Adm Appeal #95 -17
Resolution No. 5897
Page 2
C. The City Council further finds the signing
ordinance which has been recently amended, provides the
business person with signing options of their choice;
and the applicant, in this case, has been given
sufficient time in which to re- examine their signing
needs pursuant to the Planning Commission actions on
March 3, 1993, granting an extension of time for the
property owner to bring their signing on the subject
property into compliance with the Signing Ordinance of
the Downey Municipal Code on or before March 3 ,1994.
D. The City Council further finds according to the
records of the City, the applicant at the March 3, 1993
hearing agreed to the conditions for time extension,
plus executed and recorded a covenant and agreement
with the City of Downey to insure the signing on the
subject property would be brought into compliance with
the City's signing ordinance either by modifying the
signs or removing the signs; all of which would occur
on or before March 17, 1994.
E. Finally, the City Council cannot find factually,
where the City Planning Commission erred in the
administration of the requirements of the City's
signing ordinance as it relates to the subject property
and the signs on property which are in violation of
Section 9148 of the Downey Municipal Code; and the
signing ordinance is sufficiently clear to give the
applicant reasonable options in which to adequately
sign their business.
SECTION 3. Based upon the findings set forth in
Sections 1 and 2 of this Resolution, the City Council of the City
of Downey in accordance with Section 9172.18 APPEALS FROM
ADMINISTRATIVE DECISIONS, hereby denies the administrative appeal
involving property located at 11146 Downey Avenue, zoned C -3
(Central Business District).
SECTION 4. The City Clerk shall certify the adoption
of this Resolution.
PASSED, APPROVED AND ADOPTED this 8day of August, 1995.
. ,
ow, OR PRO TEM , JOYCE L. LATMUNC.E
ATTEST:
-
'ITY CLERK
Adm Appeal #95 -17
Resolution No. 5397
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 Sth day of August, 1995, by
the following vote, to wit:
AYES: 3 COUNCILMEMBERS : Lawrence, Riley, Brazelton
NOES: 1 COUNCILMEMBERS: Boggs
ABSTAINED: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCIIM?SERS : McCaughan
S � fp,
CITY CLERK
Ccc \genekres.95r