HomeMy WebLinkAboutResolution No. 6738 RESOLUTION NO. 6738
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING THE APPEAL AND DENYING THE REVOCATION OF ZONE
VARIANCE NO. 660 FOR PROPERTY LOCATED AT 7447 FIRESTONE
BOULEVARD, ZONED C -2 (GENERAL COMMECIAL)
WHEREAS, on January 21, 2004, the Planning Commission of the City of Downey
adopted Resolution No. 2330 revoking Variance No. 660; and
WHEREAS, Variance No. 660 permits certain signage on the subject property to exceed
the sign requirements in the General Commercial (C -2) zone; and
WHEREAS, the Planning Commission's decision to revoke Variance No. 660 has been
appealed in accordance with Downey Municipal Code section 9168.06 and, on February 24,
2004, the City Council held a duly noticed Public Hearing on such appeal at which it considered
the record of the Planning Commission's action and all testimony and other evidence offered at
said Public Hearing.
NOW, THEREFORE, 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 the findings supporting revocation as set forth at section 9168.06(b) of the Downey
Municipal Code cannot be made in that:
A. The record does not demonstrate that the use under Variance No. 660 is detrimental
to the public health, safety, welfare, and public convenience or is a public nuisance.
B. Variance No. 660 was not obtained by fraud.
C. Variance No. 660 permits certain signs on the subject property and that use is being
exercised regardless of whether a restaurant is operating on the property.
D. Any violations of the conditions of approval set forth in Variance No. 660 should be
addressed through the City's code enforcement process. Review in compliance with
the California Environmental Quality Act will be required prior to taking any action
that may adversely affect the historic significance of the subject property as identified
in the November, 2002 State Historic Resources Commission determination of
eligibility for listing the property in the California Register of Historical Resources.
E. The use autrized bye; Variance No. 660 has not ceased because the authorized signs
remain on the subj ect 'property and cannot be removed unless the above procedure is
followed.
F. The time period for which Variance No. 660 was granted has not lapsed or been
violated.
RESOLUTION NO. 6738
PAGE TWO
SECTION 2. Based upon the findings set forth in Section 1 of this Resolution, the City
Council of the City of Downey hereby grants the appeal of Planning Commission Resolution No.
2330 and denies the revocation of Zone Variance No. 660.
SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution.
APPROVED AND ADOPTED this 9 day of March, 2004.
AVC
KIRK O. CARTOZI `, , Mayor
ATTEST:
024(1A4
KATHLEEN L. MIDSTOKKE, 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 9th day of March, 2004, by the following
vote, to wit:
AYES: 4 Council Members: Bayer, Perkins, Trejo, Mayor Cartozian
NOES: 1 Council Member: McCarthy
ABSENT: 0 Council Member: None
ABSTAIN: 0 Council Member: None
off`
KATHLEEN L. MIDSTOKKE, City Clerk