HomeMy WebLinkAboutPC Resolution 16-2963RESOLUTION NO. 16 -2963
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY REVOKING ZONE EXCEPTION 929 FOR PROPERTY AT 9511
FIRESTONE BOULEVARD IN ACCORDANCE WITH SECTION 9828 OF THE
ZONING ORDINANCE
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On June 30, 2015, the owner of the property at 9511 Firestone Boulevard, Mr.
Sam Fong, submitted a written request to the Community Development
Department to initiate the revocation of Zone Exception Case No. 929. The zone
exception was granted on April 1, 1970 and it allowed a carpet store to operate
on the property at 9511 Firestone Boulevard and zoned Neighborhood
Commercial and Parking Buffer.
B. The Planning Commission conducted a duly- noticed public hearing on March 16,
2016, and after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 2963,
revoking Zone Exception 929.
SECTION 2. Downey Municipal Code Section 9828.06 states that a property owner
may initiate the revocation procedure by filing a written request and that a permit may be
revoked by a majority of the Planning Commission at a public hearing upon finding any one of
the following six conditions to be true:
That the use is being operated in a manner that is detrimental to the public
health, safety, welfare, and public convenience or is a public nuisance;
2. That the permit or variance was obtained by fraud;
3. That the use for which the permit or variance was granted is not being exercised;
4. That the use is being conducted in violation of the terms and conditions of the
permit or variance or in violation of any statute, ordinance, law or regulation;
5. That the use for which the permit or variance was granted has ceased or has
been suspended for one (1) year or more; and
6. That the time period for which the permit or variance was granted has lapsed or
been violated
RESOLUTION NO. 16 -2963
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SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that the
use for which Zone Exception Case No. 929 was granted is not being exercised. A carpet store
is the use the zone exception was granted for and the last business to occupy the building at
9511 Firestone Boulevard, a tile story, shuttered operations more than two years ago, October,
2013.
SECTION 4. The Planning Commission further finds, determines and declares that
Conditions No. 3 and No. 5 of Code Section 9828.06 are true: a tile store was the last business
to occupy the property and it ceased operations in October, 2013; therefore, the use for which
the permit or variance was granted is not being exercised and the time period for which the
permit or variance was granted has lapsed.
SECTION 5. Based upon the findings set forth in Sections 2 and 3 of this Resolution, the
Planning Commission of the City of Downey hereby revokes Zone Exception 929.
APPROVED AND ADOPTED this 16th day jofMarch 2 6.
Matias`Flores, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Planning
Commission of the City of Downey at a meeting held on the 16th day of March, 2016.
AYES: COMMISSIONERS: Morales, Lujan, Owens, Rodriguez, and Flores
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Mary C anagh, SecretaDf
City Pl ring Commissionkj
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