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HomeMy WebLinkAboutResolution No. 6258 RESOLUTION NO. 6258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND DENYING CONDITIONAL USE PERMIT NO. 99-12,TO OPERATE AN "AUTOMOBILE AND TRUCK TOWING STORAGE YARD" AT 9641 IMPERIAL HIGHWAY, ON PROPERTY ZONED M-1 (LIGHT MANUFACTURING), M-2 (GENERAL MANUFACTURING), AND P-B (PARKING BUFFER). 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 Eric & Debbie Peterson (hereinafter "Applicant") requesting a conditional use permit to operate an automobile and truck towing storage yard (dba "Doug's Tug") at 9641 Imperial Highway, Downey, California (hereinafter"subject site") located on property zoned M-1 (Light Manufacturing), M-2(General Manufacturing), and P-B (Parking-Buffer). B. The Planning Commission held a duly noticed public hearing on April 7, 1999, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1958, denying Conditional Use Permit No. 99-12. C. An appeal of the decision of the Downey Planning Commission was filed by Jim Peterson on April 8, 1999. D. The City Council held a duly noticed public hearing on May 11, 1999, and after fully considering all oral and written testimony and facts and 6258 offered at the aforesaid public hearing, adopted Resolution No. , denying the appeal and denying Conditional Use Permit No. 99-12. SECTION 2. The City Council further finds, determines and declares that, pursuant to Section 9166.12 of the Downey Municipal Code, the following conditions necessary for the approval of a conditional use permit are not present: 1. The requested conditional use permit to operate a towing business will adversely affect the Downey General Plan. The land use designation for the subject site is"Neighborhood Commercial", as stated in the Downey General Plan. Towing service businesses are considered industrial uses Resolution No. 6258 Conditional Use Permit No 99-12 Page 2 that are incompatible with the "Neighborhood Commercial" designation. Further, the previous restaurant use would be consistent with this land use designation. 2. The proposed use will negatively impact the adjoining land uses and the growth and development of the area. Although the lot is zoned for manufacturing uses, the proposed towing service use is not appropriate for the subject site due to its adjacency to residential zones and uses. The proposed use has a potential for generating negative impacts relating to noise, aesthetics, and hazards. The project will be a detriment to the growth and development of the imperial Highway corridor as a commercial area by permitting an industrial use in the area. 3. The size and shape of the site is adequate to allow development of the site for the proposed use, but not of a adequate size so that the proposed operation will not negatively impact the adjoining properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Vehicle trip generation at the site is not expected to increase substantially over what is common for other industrial uses. Imperial Highway is designated as a major arterial and is more than adequate to traffic from the proposed use. However, the traffic generated on the subject property will negatively impact the abutting residential uses due to the proposed hours of operation. 5. A mitigated negative declaration (MND) of environmental impact has been identified as being necessary to address the potential project impact in accordance with the California Environmental Quality Act (C.E.Q.A.). 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 denies Conditional Use Permit No. 99-12. Resolution No. 6258 Conditional Use Permit No. 99-12 Page 3 SECTION 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 11th day of May 1999. II n ��l' Gary Mc { aughan M./414 A4pp,or ATTEST: 0 ' 40 , lif110 9 , , 4 az,tzei dith E. McDonnell ity 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 11t day of May 1999 by the following vote, to wit: AYES: 3 Council Members: Lawrence, McCarthy, McCaughan NOES: 2 Council Members: Perkins, Winningham ABSTAINED: 0 Council Members: None udith E. McDonnell City Clerk H:\PLANNINGIRESOStCCIC12RS CC.DOC