HomeMy WebLinkAboutResolution No. 6305 RESOLUTION NO. 6305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DOWNEY DENYING THE APPEAL AND APPROVING ZONE
VARIANCE 99-56 TO CONSTRUCT A CONVENIENCE
MARKET WITH OFFICE SPACE COMBINED WITH AN
EXISTING SERVICE STATION WITHIN 1,000 FEET OF A
SCHOOL AND TO MODIFY SETBACK REQUIREMENTS ON
PROPERTY AT 9851 IMPERIAL HIGHWAY ZONED C2
(GENERAL COMMERCIAL).
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 Loonie Tabbaa (hereinafter "Applicant" requesting
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Zone Variance 99 -56 to construct a convenience market with office space
combined with an existing service station within 1,000 feet of a school and to
reduce the rear yard setback building requirement from fifteen (15') feet to zero
(0') feet on property at 9851 Imperial Highway, Downey, California (hereinafter
"subject site ") zoned C2 (General Commercial).
B. The Planning Commission held a duly noticed public hearing on September 15,
1999, and after testimony p
er fully considering all oral and wntten testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 1991
approving Zone Variance 99 -56.
C. An appeal of the decision of the Downey Planning Commission was filed b y Mr.
Richard Song, property owner of 9809 Imperial Highway and Mr. Richard Salyer,
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Mr. Song's attorney on September 29, 1999.
D. The City Council held a duly noticed public hearing n November g e 9, 1399 and
November 23, 1999, after fully considering all oral and written testimon y and
facts and opinions offered at the aforesaid public hearing, adopted Resolution
No. 6305 denying the appeal and approving Zone Variance 99 -56.
SECTION 2. Having considered all of the oral and written evidence presented to it at
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said public hearings, the City Council further finds, determines and declares that:
1. Special conditions and circumstances do exist which are eculiar to the land,
'
structure, or building involved in the Subject Property and which are not
generally applicable to other lands, structures or buildings in the same vicinity
and zone since the subject property abuts the side yard of a commercially zoned
which the required Y
property q ed side yard setback is zero and because other similar
requests have been approved.
Resolution No. 6305
Downey City Council
2. The literal interpretation of the provisions of Chapter 'l , Zoning, of Article IX, Land
Use, of the Downey Municipal Code would deprive the Applicant of rights under the
terms of said sections commonly enjoyed by other properties in the same vicinity
and zone in which the Subject Property is located because other developments
,--� have been granted similar requests and is consistent with the surrounding
properties which are commercial in nature.
3. That special conditions and circumstances described in subparagraph
A would
not result from the actions of the Applicant because similar requests have been
approved in the past.
4. Granting the variance requested will not confer on the applicant a special
privilege that is denied by Chapter 1, Zoning, Article IX, Land Use, of the
Downey Municipal Code to other lands, structures or buildings in the same
vicinity and zone in which the Subject Property is located because the proposed
project is consistent with past approvals.
5. The granting of the variance will be consistent with and in harmony with and wilt
not adversely affect the comprehensive General Plan of the City of Downey and
the elements thereof because the subject property is designated as General
Commercial which allows this type of development.
6. The conditions imposed on the subject site by this action as described in Exhibit
A, are necessary to preserve the health, safety and general welfare of the
community and enable the City Council to make the findings set forth in the
section. The conditions are fair and reasonable for the accomplishment of these
purposes.
7. An initial study of the environmental impacts and a Negative Declaration has
been prepared for the propose project in accordance with the provisions of the
California Environmental Quality Act (C.E.Q.A.) and it indicates that there will be
no significant environmental impacts.
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution ,
the City Council of the 1
he City of Downey hereby approves Zone Variance 99-56, subject to
conditions of approval attached hereto as Exhibit A.
SECTION 4. This zone variance shall become null and void unless construction has
commenced within one year of this approval and pursued diligently to completion or an
one -year extension of time granted by the Planning Commission of the City of Downey,
y
pursuant to Section 9164 of the Downey Municipal Code.
Appeal of Zone Variance 99-56 -- 9851 Imperial Highway Convenience Market
23 November 1999 - Page 2
Resolution No. 6305
Downey City Council
SECTION 5. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 23rd day of November , 1999
P
/
ITH MC CARTHY Ma
ATTEST:
. S
41 1 TH E . MC DONNELL , _City Clerk
1 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 23rd day of
November 1999 , by the following vote, to wit:
AYES: 3 COUNCIL MEMBERS: Lawrence , McCaughan , Perkins
NOES: 2 COUNCIL MEMBERS: Winningham, McCarthy
ABSTAINS: 0 COUNCIL MEMBERS: None
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JUI ITH E. MC DONNELL ,City Clerk
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Resolution No. 6305
Downey City Council
ZONE VARIANCE 99-56
EXHIBIT A - CONDITIONS
PLANNING
1) This approval is to Zone Variance 99 -56, as shown on the approved site plan - -which is
to allow construction of a convenience market with office space combined with an
existing service station within 1 ,000 feet of a school and to reduce the rear yard setback
building requirement from fifteen (15') feet to zero (0') feet— and herein amended,
received by the Downey Planning Division on September 7, 1999. Deviations or
exceptions from said site and floor plan, other than those authorized by this resolution or
those that do not impact other conditions, shall not be permitted without the approval by
the Downey Planning Commission.
2) The Downey 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
welfare.
3) All conditions of Zone Variance 99-56 and Conditional Use Permit 99-57 shall be
complied with before this zone variance becomes valid.
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Appeal of Zone Variance 99-56 — 9851 Imperial Highway Convenience Market
23 November 1999 - Page 4