HomeMy WebLinkAboutResolution No. 05-6832 - Approve Shared Use Prkg Agmt. Between 8206, 8222, 8224 & 8228 Firestone BIRESOLUTION NO. 05-6832
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING A PROPOSED SHARED USE PARKING AGREEMENT
BETWEEN RETAIL USES AT 8206 FIRESTONE BOULEVARD (DOWNEY’S
BILLIARDS), 8222 FIRESTONE BOULEVARD (STORM FORCE), 8224
FIRESTONE BOULEVARD (NET ELECTRONICS), AND 8228 FIRESTONE
BOULEVARD (LULU’S BAKERY).
WHEREAS, Seymore Levy is the owner of real property at 8206, 8222, 8224, and 8228,
Firestone Boulevard, as shown on Exhibit “A”; and
WHEREAS, the property at 8206 Firestone is developed with 32 off street parking
spaces and is used as a billiard parlor, while the properties at 8222, 8224, and 8228 Firestone
Boulevard, are developed with 10 parking spaces for retail uses; and
WHEREAS, the owner of Storm Force (8222 Firestone Boulevard), the owner of Net
Electronics (8224 Firestone Boulevard) and the owner of Lulu’s Bakery (8228 Firestone
Boulevard) executed a shared use parking agreement with Mr. Levy, and a true and correct copy
of which is attached as Exhibit “B”; and
WHEREAS, Mr. Levy desires to execute a “Declaration of Restrictive Covenant“ to
provide a mechanism to continue the shared parking arrangement between Downey Billiards and
the current and future tenants of the properties from which Downey Billiards will derive
additional off-street parking spaces needed to expand the business; and
WHEREAS, the covenant will declare the terms and restrictions of the parking
agreement; and
WHEREAS, pursuant to the shared use parking agreement Declaration of Restrictive
Covenant, the owners of Storm Force, Net Electronics, and Lulu’s Bakery agree to share the use
of their off street parking spaces with the owner of Downey’s Billiards, (8206 Firestone), after
6:00 p.m. and after 9:00 p.m., Monday through Saturday and all day Sunday; and
WHEREAS, the properties located at 8206, 8222, 8224, and 8228 Firestone Boulevard
are within the C-3 (Central Business District) Zone; and
WHEREAS, Section 9150.25 of the Downey Municipal Code allows all or a portion of
the required off-street parking required for uses on a lot or parcel in the C-3 (Central Business
District) Zone to be provided off-site, on another C-3 zoned parcel, provided that off-street
parking is available for uses on both parcels and an instrument authorizing the shared-use
parking is in full force and effect; and
WHEREAS, on February 22, 2005, the City Council held a duly noticed public hearing,
pursuant to Section 9150.25 (c) of the Downey Municipal Code, to consider the shared use of six
(6) parking spaces belonging to retail uses at 8222 and 8224 Firestone Boulevard, and four (4)
spaces belonging to the retail uses at 8228 Firestone Boulevard, by the billiard parlor at 8206
Firestone Boulevard; and
RESOLUTION NO. 05-6832
PAGE TWO
WHEREAS, the City of Downey reviewed the proposed shared use parking agreement
and determined that implementing it will not have a serious effect on the environment, and finds
under the Guidelines of the California Environmental Quality Act Guidelines that the Agreement
is exempt, in accordance with Section 153012, Class 1 (Existing Facilities).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Of the total off-street parking required by Chapter 1 of Article IX of the
Downey Municipal Code for the development and operation of the Billiard parlor at 8206
Firestone Boulevard, six parking spaces may be provided from the six parking spaces belonging
to 8222 and 8224 Firestone Boulevard, and four parking spaces may be provided from the four
spaces belonging to 8228 Firestone Boulevard, subject to the following conditions which ensure
that off-street parking is available for the billiard parlor at 8206 Firestone Boulevard:
1. The billiard parlor will be required to keep (3) three tables on the first floor and (2) two
tables on the second floor closed during the daytime hours, before 6:00 p.m. on Monday
through Saturday, to ensure that other retail uses within the center have sufficient
parking.
2. The billiard parlor will be required to keep the two (2) tables on the second floor closed
during business hours, before 9:00 p.m. on Monday through Saturday, to ensure that
other retail uses within the center have sufficient parking.
3. The businesses at 8222 Firestone Boulevard (Storm Force) and 8224 Firestone Boulevard
(Net Electronics) will be closed after 6:00 p.m. on Monday through Saturday and must be
closed on Sundays, so long as the shared use parking agreement is in effect.
4. The business at 8228 Firestone Boulevard (Lulu’s Bakery) will be closed after 9:00 p.m.
on Monday through Saturday and must be closed on Sundays, so long as the shared use
parking agreement is in effect.
5. The additional tables can only remain so long as the shared use parking agreement is in
effect, or other off-street parking is provided in accordance with the Downey Municipal
Code
SECTION 2. The shared use parking permitted by this Resolution may be revoked by
the City Council, after a public hearing for which notice was given, in accordance with
Section 9150.25 (c) of the Downey Municipal Code, for non-compliance with any of the
conditions set forth in Section 1 above.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
RESOLUTION NO. 05-6832
PAGE THREE
(
APPROVED AND ADOPTED this 22nd day of February, 2005 .
BAYER, M
ATTEST:
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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 22"d day of February, 2005, by the following
vote, to WIt:
AYES :
NOES :
ABSENT:
ABSTAIN:
5 Council Members: Cartozian, Gafin, Perkins, Trejo, Mayor Bayer
0 Council Member: None
0 Council Member: None
0 Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk