HomeMy WebLinkAboutResolution No. 5904 RESOLUTION NO. 5904
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DOWNEY PROVIDING FOR THE PAYMENT OF A FEE
IN LIEU OF CERTAIN OFF - STREET PARKING IN CONJUNCTION WITH
A MULTI -PLEX MOTION PICTURE THEATER AND RESTAURANT
IN A PARKING ASSESSMENT DISTRICT
WHEREAS, the Community Development Commission of the City of Downey has
approved a Disposition and Development Agreement with Krikorian Premiere Theater, Inc. (the
"DDA "); and
WHEREAS, pursuant to the DDA, the Community Development Commission
agrees to sell to Krikorian Premiere Theatres, Inc., and Krikorian Premiere Theatres, Inc. agrees
to buy from the Community Development Commission, certain real property referred to herein
as the Site, which property is to be developed with a multi -plex motion picture theater and a
restaurant in accordance with the DDA (the "Project "); and
WHEREAS, the Site is located within the boundaries of Assessment District No.
66, a parking assessment district; and
WHEREAS, pursuant to Section 9150.18 of the Downey Municipal Code, all or
a p onion of the required off- street property for any lot or parcel that is located within the
boundaries of a parking assessment district may be satisfied by the payment of an in lieu fee; and
WHEREAS, an initial study of environmental impact (the "Initial Study ") and a
mitigated negative declaration (the "Mitigated Negative Declaration ") that addresses payment of
a fee in lieu of certain off - street parking in conjunction with the Project have been prepared in
accordance with the provisions of the California Environmental Quality Act ("CEQA"), the State
CEQA Guidelines and the City of Downey's Revised Environmental Guidelines; and
WHEREAS, the City Council has considered the proposed Mitigated Negative
Declaration together with any comments that have been received on the Mitigated Negative
Declaration during the public review process and at a public hearing held on September 12, 1995;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY
DOES RESOLVE AS FOLLOWS:
SECTION 1. On the basis of the Initial Study and any comments received, the
City Council finds that there is no substantial evidence that the above - described Project, inclusive
of the in lieu parking fee, will have a significant effect on the environment and approves the
Mitigated Negative Declaration.
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SECTION 2. Of the total number of off - street parking spaces required by Chapter
1 of Article IX of the Downey Municipal Code for the development of the Project on the Site,
the same number of parking spaces as are provided pursuant to Section 3 below are hereby
waived, subject to the following conditions:
1. The fee simple owner of the Site shall pay to the City of Downey the sum of
Four Thousand Dollars ($ 4,000.00) each and every month for one hundred and twenty (120)
months;
2. Payment shall be delivered to the City of Downey on or before the tenth (10th)
day of the month; and
3. Payments shall commence on the first day of the month following the date on
which the first occupancy permit is issued by the City of Downey for the Project or the date on
P YP
which the public parking garage described in Section 3 below is opened to the public, which ever
date occurs last.
SECTION 3. All monies receives by the City of Downey pursuant to Section 2
above shall be used to construct a public parking garage, with between two hundred and ten
(210) and two hundred and twenty (220) parking spaces, on the parking lot adjacent to the Site.
The parking garage shall be designed to have the structural capacity to be expanded to
accommodate an additional 200 parking spaces.
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SECTION 4. The waiver provided by this Resolution shall immediately become
null and void in the event of non-compliance with any of the conditions set forth in Section 2
above. In the event the waiver becomes null and void, all use of the Project for which the off-
street parking had been satisfied by the waiver shall cease until such tine as that off- street
parking provided is rovided in accordance with Chapter 1 of Article IX of the Downey Municipal Code.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution and
the same shall be become effective on the date that Krikorian Premiere Theaters, Inc., or its
assignee as provided in the DDA, takes fee simple title to the Site pursuant to the DDA.
APPROVED AND ADOPTED this 12th day of September 1995.
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Gary :. McCaughan, M D.
MAYOR
ATTEST:
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dith E. McDonnell, City Clerk
LAX2:133573.10 2
I HEREBY CERTIFY that the foregoing Resolution was duly adopted
at a regular meeting of the City Council of the City of Downey on the 12th
day of September, 1995, by the following vote:
AYES : 5 COUNCIL MEMBERS: BOGGS , LAWRENCE, RILEY, BRAZEIIEtN , McC,AU N
NOES : 0 COUNCIL MEMBERS: NO
ABSENT: 0 COUNCIL MEMBERS NONE
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J•dith E. McDonnel , City Clerk
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