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Home My WebLink AboutResolution No. 6079 RESOLUTION NO. 6079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REVOKING ZONE EXCEPTION CASES NO. 153, 258 AND 1009 AND CONDITIONAL USE PERMIT NO. 151, FOR A MOTEL AND RESTAURANT /BAR AND ANCILLARY USES /FACILITIES ON PROPERTY LOCATED AT 13535 LAKEWOOD BOULEVARD (TAHITIAN VILLAGE /LA ZONA ROSA), ZONED R1(SINGLE FAMILY RESIDENTIAL) AND M -1 (LIGHT MANUFACTURING) THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare as follows: A. The City Council of the City of Downey at their regular meeting held April 8, 1997, initiated revocation proceedings, and directed the Planning Commission of the City of Downey to conduct the public hearing for revocation relating to Zone Exception Cases Nos. 153, 258 and 1009 and Conditional Use Permit No. 151 (The "Permits ") on May 7, 1997, for the properties located at 13535 Lakewood Boulevard (Tahitian Village /La Zona Rosa). B. The owner of the Tahitian Village /La Zona Rosa property (the "Property ") is the Federal Deposit Insurance Corporation. C. The Planning Commission opened the public hearing on the revocation or modification of the subject applications on May 7, 1997, and after receiving public testimony, continued the public hearing to their regular meeting of June 4, 1997. D. Notice of the hearing was duly given and posted in the time, form, and manner as required by law. E. The Planning Commission held the public hearing and considered all evidence and testimony at such hearing, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1875 approving the revocation of Zone Exceptions Nos. 153, 258, 1009 and Conditional Use Permit No. 151. RESOLUTION NO. 6079 Page 2 F. On June 18, 1997, the applicants, Arthur Serrano et. duly filed a v timely appeal from the action of the Planning Commission approving the revocation of Zone Exceptions No. 153, 258, 1009 and Conditional Use Permit No. 151. G The City Council held a duly noticed public hearing on July p g y 22, 1997 concerning the revocation of Zone Exceptions No. 153, 258, 1009 and Conditional Use Permit No. 151 and fully and carefully considered all oral and written testimony and all facts and opinions offered at the aforesaid public hearing prior to acting on the zone exceptions and conditional use permit. G. This project has been determined to be categorically exempt (Class 21; CEQA Guidelines Section 15321) from the provisions of the California Environmental Quality Act (CEQA). SECTION 2. The City Council does hereby make the following findings of fact: A. That the uses for which the Permits were ranted are not being g exercised. This finding is based upon the following evidence: (1) That the owner and operator of the property has not collected or remitted Transient Occupancy Taxes for the facility since November, 1995. (2) Site observations and the testimony of public officials indicating that the motel and restaurant was closed and has not been in operation since November, 1995. (3) That the owner and operator of the property has not held a business license for the site since December, 1996. (4) That the property manager stated during the public hearing that g P 9 they stopped renting rooms in November, 1995. B. That the uses for which the Permits were granted have ceased or have been suspended for one (1) year or more. This finding is based upon the following evidence: (1) That the owner and operator of the property has not collected or remitted Transient Occupancy Taxes for the facility since November, 1995. RESOLUTION NO. 6079 Page 3 (2) Site observations and the testimony of public officials indicating that the motel and restaurant was closed and has not been in operation since November, 1995. (3) That the owner and operator of the property has not held a business license for the site since December, 1996. (4) That the property manager stated during the public hearing that they stopped renting rooms in November, 1995. C. That the uses, when in existence, were detrimental to the public health, safety, welfare and public convenience or were a public nuisance. Such findings of fact are based upon the following evidence submitted at the Public Hearing: (1) The existence, on February 8, 1994, of substandard conditions at 13535 Lakewood Boulevard, including forty -one (41) violations of the Downey Municipal Code. e , \ (2) The existence, on April 11, 1994 of several violations of the Health and Safety Code and state housing law, including 130 violations in 62 rooms at the facility. (3) The existence on January 24, 1995, of violations of the Uniform Administrative Code and Uniform Building Code including fourteen (14) violations. (4) Violations of the Health and Safety Code existing on January 19, 1995. (5) Violations existing on February 13, 1995, relating to various life safety problems, including eleven (11) general areas. (6) Violations existing on January 26, 1995, of the Fire Department Regulations. (7) Violations existing on January 31, 1995, of the Uniform Building Code. ,^ (8) Alt of the above violations of the Downey Municipal Code are deemed to be nuisances pursuant to Downey Municipal Code Section 1200. RESOLUTION NO. 6079 Page 4 (9) The report submitted by the Downey Police Department describing incidents for the site surrounding property during the period January 1, 1993 through January 15, 1995. (10) The report of the Downey Police Department relating to crime reports submitted to the Alcohol Beverage Commission regarding illegal activities at the restaurant /bar for the years 1992, 1993 and 1994. (11) The report of the Downey Police Department relating to crime reports from 1 -1 -93 to 1 -15 -95 stating there were 213 felony and misdemeanor arrests at or near the property. (12) Testimony at the public hearing by adjacent property owners that residents of the adjacent trailer park were assaulted when the motel and restaurant /bar were operating. (13) Testimony at the public hearing by adjacent property owners that while the motel was operating, refrigerated trucks parked on the premises ran their engines all night, creating noxious fumes and noise. (14) Testimony at the public hearing by nearby property owners that there was litter and trash on the premises while the motel and restaurant /bar were operating. (15) Testimony at the public hearing by adjacent property owners that there were times when the grounds of the motel were littered with animal waste, creating noxious odors and a health threat to the nearby residents. (16) Testimony at the public hearing by nearby property owners that there was a rat infestation in the neighboring single family residential homes while the motel and restaurant /bar were operating creating a health and safety threat to the residents. (17) Testimony at the public hearing by the manager of the adjacent apartment building stating that property values went down, as indicated by the fact that his building lost tenants while the motel /restaurant /bar were operating. (18) Correspondence received by staff included ten (10) phone calls from nearby property owners, all in favor of the revocation, three (3) letters of correspondence and one petition with 35 RESOLUTION NO. 6079 Page 5 signatures supporting the revocation were received in the planning office prior to the May 7, 1997 hearing. (19) On May 21, 1997, the Building Official posted the property as Substandard and a nuisance. D. That the uses were conducted in violation of the terms and conditions of the permit or variance are in violation of statutes, ordinances, laws, or regulations. This finding is based upon evidence recited in Section C, above. SECTION 3. Based upon the above findings of fact, the City Council hereby revokes the Zone Exception Cases Nos. 153, 258, 1009 and Conditional Use Permit No. 151. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 22nd day of July, 1997. 4 Barbara J. ey, Ma 7r ATTEST: o'>.i uctth E. McDonnell, City Clerk 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 22nd day of July, 1997, by the following vote, to wit: AYES: 4 COUNCILMEMBERS: McCaughan, Lawrence, Brazelton, Riley NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: McCarthy '(4 0 9/1 , €0 6 6 dith E. McDonnell, e I, Crty Cleft h: \planning \tvres.cc