HomeMy WebLinkAboutResolution No. 5984 RESOLUTION NO. 5 984
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPEAL OF MODIFIED CONDITIONAL USE PERMIT NO.
96-38 FOR THE ESTABLISHMENT OF A LARGE FAMILY DAY CARE
FACILITY ON PROPERTY LOCATED AT 7148 ADWEN STREET, ZONED R1,
0.1.1% (SINGLE FAMILY RESIDENTIAL)
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 by Ms. Maria Solorzano (hereinafter "Applicant ")
requesting a modified conditional use permit to permit a large family day care
home in a residential zone for the property located at 7148 Adwen Street, Downey
(hereinafter "Subject Property ").
B. The Planning Commission held a duly noticed public hearing on June 19,
1996, and continued to July 17, 1996 and, after fully considering all oral and
written testimony and facts and opinions offered at the aforesaid public hearing,
adopted Resolution No. 1820 denying the modified conditional use permit.
C. On July 22, 1996, Ms. Solorzano duly filed a timely appeal from
the action of the Planning Commission adopting Resolution No. 1820
denying the modified conditional use permit.
D. The City Council held a duly noticed public hearing on August 27,
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 R4
zone permits a large family day care home with a modified conditional use permit.
The State of California preempts the city and permits large family day care homes
with a city permit.
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Resolution Na 5 984
Page 2
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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 is a single family residential property as are the other
properties in the zone. 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 is a single family residence and the applicant's will provide
access to the rear two -car garage and will bring the front yard into compliance
with the Downey Municipal Code.
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 Adwen Street, a street designed to carry single family residential traffic. The
traffic will not impose an undue burden on the surrounding streets and highways
in the area.
E. The modified 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 single family residential, and a large family day
care home is permitted.
F. In taking this action, the City Council 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 a large family day care home is found to be Categorically
Exempt, Class 1.
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 -38 subject to
conditions of approval attached hereto as Exhibit A.
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Resolution No. 5 984
Page 3
The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 27th day of August, 1996.
r
Joy 0 . I awrence, Mayor
TTEST:
d 1172 Vo'e-e,
dith E. McDonnell, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 27th day of August, 1996, by the following
Vote, to wit:
p
AYES: 3 Council Members: Brazel ton , Boggs , Lawrence
NOES: 1 Council Members: McCaughan
ABSENT: 1 Council Members: Riley
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.......,-..r,A it' ' 4,0r / ■ A I I P, ■ OA ; /
dith E. McDOine1I, City Clerk
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