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Home My WebLink AboutResolution No. 6400 RESOLUTION NO. 6400 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING THE APPEAL AND APPROVING ZONE VARIANCE NO. 00 -36 FOR A VARIANCE FROM SECTION 9148 OF THE DOWNEY MUNICIPAL CODE RELATING TO SIGNS REGULATIONS INCLUDING, BUT NOT LIMITED TO, SIGN HEIGHT AND SIGN AREA, FOR AN EXISTING AUTO DEALERSHIP, ON PROPERTY LOCATED AT 9515 LAKEWOOD BOULEVARD AND ZONED GENERAL COMMERCIAL (C -2) AND PARKING BUFFER (P- B). 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 Michael Arkin, representing Ford Leasing Development Company (hereinafter "applicant "), requesting the approval of a zone variance from Section 9148 of the Downey Municipal Code relating to signs regulations including, but not limited to, sign height and sign area, for an existing auto dealership, on property located at 9515 Lakewood Boulevard (APN 6363 - 002 -021, 6363 - 003 -012, & 6363 -003- 019) (hereinafter "subject site ") and zoned General Commercial (C -2) and Parking Buffer (P -B). B. The Planning Commission held a duly noticed public hearing on August 2, 2000, and continued to August 16, 2000, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 2075, denying the zone variance. C. An appeal of this decision to the City Council was filed by Michael Arkin on August 31, 2000. D. The City Council held a duly noticed public hearing on September 26, and October 10, 2000, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 6400 , approving the zone variance. Resolution No. 6400 Downey City Council 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: 1. Special conditions and circumstances exist which are peculiar to the subject property to allow the nonconforming pole sign to remain. 2. Literal interpretation of the provisions of the Zoning Code will deprive the applicant of rights commonly enjoyed by other properties developed with auto dealers in the same vicinity and zone, since variances have been granted to permit freestanding pole signs at a height greater than permitted by code. 3. Special conditions and circumstances would not result from the actions of the applicant since sign variances for freestanding pole signs have been granted by the City. 4. Approval of this variance will not confer a special privilege on the subject property that is denied by the Zoning Code to other lands, structures, or buildings in the same vicinity and zone in which the property since a precedence has already been established by the City. 5. Approval of this variance is consistent with the goals, objectives, and policies of the Downey General Plan to support the auto dealers in the city. 6. The environmental impact of the proposed project has been reviewed and has found in compliance with the California Environmental Quality Act i (CEQA) and the City's guidelines. This project has been determined to be a Class 11 (Accessory Structures) Categorical exempt project, based on the criteria set out by CEQA and the City's guidelines, and, accordingly, will not adversely impact the environment. 7. In taking this action, the City Council has considered the effects of the decision on the housing needs of the region and balanced those needs against the public service needs of the City residents and available fiscal environmental resources. Zone. Variance No. 00-36 9515 Lakewood Boulevard (Downey Uncoln- Mercury) October 10, 2000 - Page 2 t Resolution No. 6400 Downey City Council SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council of the City of Downey hereby approves Zone Variance No. 00 -36, subject to the attached conditions described as Exhibit A. r-, SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 10th day of October ,2000. ITH MC CARTHY ayor ATTEST: '.A ,.j r 1r...1, J DITH E. MC DONNELL , City Clerk 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 10th day of , October , , 2000, by the following vote, to wit: AYES: 4 Council Members: Perkins, Winningham, McCaughan, McCarthy NOES: 0 Council Members: None ABSTAINED: 0 Council Members: None ABSENT: 1 Council Members: Riley ..:! • 1.� J , DITH E. MC DONNELL ,City Clerk Zone Variance No. 00 -36 9515 Lakewood Boulevard (Downey Lincoln- Mercury) October 10, 2000 - Page 3 Resolution No. 6400 Downey City Council ZONE VARIANCE NO. 00-36 EXHIBIT A - CONDITIONS PLANNING DIVISION 1. This approval is limited to permit a 41' -5" high, 145 - square foot area freestanding sign at the location shown on the approved site plan and elevation, received by the Downey Planning Division on October 10, 2000. Deviations or exceptions from said plan and elevation, 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 No. 00 -36 shall be complied with before this zone variance becomes valid. 4. Prior to sign installation, the applicant shall obtain approval of sign design, colors and materials from the Design Review Board. BUILDING DIVISION 5. Prior to sign installation, the applicant shall obtain approval of a building permit from the Building Division. ENGINEERING DIVISION 6. Any damaged curb, gutter, sidewalk, or driveway approach shall be replaced to the satisfaction of the City Engineering Division. 7. The owner /applicant shall replace the existing curb depressions on the Gallatin Road frontage with curb and gutter to the standards of the City Engineering Division. The existing driveway shall be replaced with landscaping and concrete sidewalk to the satisfaction of the City Engineering Division. (The existing 30 -foot wide approach is abandoned, and two sections of sidewalk along Gallatin Road are missing.) Zone Variance No. 00-36 9515 Lakewood Boulevard (Downey Lincoln- Mercury) October 10, 2000 - Page 4 fl Resolution No. 6400 Downey City Council 8. The owner /applicant shall install three (3) high pressure sodium street lights installed on new marbelite standards with underground service, not to exceed a cost of $10,000, to the standards of the City's Engineering Division. 9. The owner /applicant hereby consents to the annexation of the property into the .-, Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways Code. 10. The owner /applicant provide that the standards of improvement, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specifications for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 11. The owner /applicant shall obtain all necessary plan approvals and permits. ri H: \PLAN N I NG \RESOS \CC\zv0036rs- cc.doc Zone Variance No. 00-36 9515 Lakewood Boulevard (Downey Lincoln- Mercury) October 10, 2000 - Page 5