HomeMy WebLinkAboutResolution No. 5953 RESOLUTION NO. 5953
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 96 -16
FOR A SERVICE STATION /MINI MARKET FOR THE PROPERTY LOCATED AT
11025 PARAMOUNT BOULEVARD
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS:
$ECT1ON 1. The City Council of the City of Downey does hereby find,
determine and declare that:
A. An application was filed by Mr. Dave Rose (hereinafter "Applicant ")
requesting a conditional use permit to permit a combined service station
mini - market for the property located at 11025 Paramount Boulevard,
Downey (hereinafter "Subject Property ").
B. The Planning Commission held a duly noticed public hearing on
April 3, and continued to April 17, 1996 and, after fully considering all
oral and written testimony and facts and opinions offered at the aforesaid
public hearing, adopted Resolution No. 1805, approving the conditional
use permit.
C. On April 29, 1996, Ms. Zenaida Guerra duly filed a timely appeal
from the action of the Planning Commission adopting Resolution No.
approving the conditional use permit.
D. The City Council held a duly noticed public hearing on May 28,
1996 concerning this appeal 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 evidence
presented to it at said public hearings, the City Council further finds, determines and
declares that:
A. The requested conditional use permit will not adversely affect the
purpose and intent of Article IX, Land Use, of the Downey Municipal Code
or the City's General Plan or the public convenience or general welfare of
persons residing or working in the neighborhood of the Subject Property
because the C -2 zone permits a combined service station mini - market
with a conditional use permit; conditions have been developed to insure
RESOLUTION 5953
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 28th day of May, 1996.
..
Gary Mc aughan, Ma ;
ATTEST:
r
1 Judith E. McDonnell, City Clerk
r
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 28th
day of May, 1996, by the following vote, to wit:
AYES: 4 COUNCILMEMBERS: Boggs, Lawrence, McCaughan, Riley
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Brazelton
ABSTAIN: COUNCILMEMBERS: one
t )
0
/4-4(-4 E. McDonnell, City Y Clerk
RESOLUTION 5953
EXHIBIT A - CONDITIONS
PLANNING
1. This approval is to permit a combined service station mini- market
for the property located at 11025 Paramount Boulevard. Deviations or
exceptions from site plan dated April 17, 1996 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 4(ere.
3. All conditions of Conditional Use Permit #96 -16 shall be
complied with before this Conditional Use Permit becomes valid.
4. Off street parking areas, driveway and landscaping areas shall be
constructed and permanently maintained in conformance with Sections 9150
and 9152 of the Downey Municipal Code.
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. Separate rest room facilities shall be provided for men and women, and
shall be available during business hours for public use and maintained in a
clean and sanitary condition, at no charge to the public.
7. Air for tire inflation, radiator water, and windshield washing materials
shall be provided at no charge to the public.
8. A three -foot high, thirty foot long, decorative block wall shall be
constructed and permanently maintained along the northwesterly property line
abutting the alley, as shown on the approved plot plan.
9. Lighting on the site must be screened to prevent glare on neighboring
residences.
10. Petroleum deliveries shall occur between 7:00 a.m. and 9:00 p.m.
11. Petroleum delivery trucks shall turn off their engines while making
deliveries.
12. Gas tank vents shall be relocated to the Paramount Boulevard side when
RESOLUTION 5953
that the use can be done at the site. The conditions imposed ensure that
the use on the Subject Property is appropriate for the site.
B. The proposed use will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be
located because the subject site has been used as a service station since
the 1970's and no additional floor area is being added and because there
is adequate room for the required parking. The traffic will not create a
negative impact for the surrounding properties.
C. The size and shape of the Subject Property proposed for the use is
adequate to allow the proposed use in a manner not detrimental to the
particular area because the site was used as a service station in the past.
The property is located on the comer of Paramount and Second with 100'
frontages on both and access to both streets.
D. The traffic generated by the proposed use will not impose an undue
burden upon the streets and highways in the area of the Subject Property
because this use is on Paramount Boulevard, a major arterial, and on
Second Street, a local street . Both are adequate to carry the traffic
generated by this use. The traffic will not impose an undue burden on the
surrounding streets and highways in the area. Sidewalks on Paramount
Boulevard provide safe pedestrian access on the major street.
E. The conditional use permit approved by this resolution is consistent
with and in conformance with the General Plan of the City of Downey and
each of the chapters thereof because the General Plan designates this
area as general commercial, and a combined service station mini - market
is permitted with a conditional use permit.
F. In taking this action, the Planning Commission has considered the
effects of the decision on the housing needs of the region in which the
City is located and balanced those needs against the public service
needs of the City residents and available fiscal and environmental
resources.
G. The environmental effects of this conditional use
permit have been considered and the mini market is found to
be Categorically Exempt, Class 3.
SECTION 3. Based upon the findings set forth in Section 1 and 2 of this
Resolution, the City Council of the City of Downey hereby approves Conditional Use
Permit No. 96 -16 subject to conditions of approval attached hereto as Exhibit A.
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RESOLUTION 5953
new gas tanks are installed.
ENGINEERING
13. Standard parkway trees shall be installed in existing tree wells along
Paramount Boulevard. Said improvements shall be permanently maintained to
the standards of the Department of Public Works and the City Engineering
Division. Any damaged curb, gutter, sidewalk or drive approaches shall be
replaced to Citystandards.
14. The property owner shall execute an agreement for the future installation
of permanent street lighting on Second Street along the property frontage. The
agreement shall be recorded with the County of Los Angeles and kept on file by
the City Engineering Division.
BUILDING
15. Two public restrooms, accessible to and usable by the physically
handicapped, shall be provided.
16. Handicapped parking space must be van accessible.
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