HomeMy WebLinkAboutResolution No. 05-6866 - Approve Appeal and Deny CUP #05-40 Gasoline Station at 8801 Lakewood BlvdRESOLUTION NO. 05-6866
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
THE APPEAL AND DENYING CONDITIONAL USE PERMIT NO. 05-40 FOR A
COMBINATION GASOLINE FUEL SALES/ CONVENIENCE MARKET/ TAKE-OUT
RESTAURANT ON PROPERTY LOCATED AT 8801 LAKEWOOD BOULEVARD.
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 Morton B. Tannenbaum (hereinafter “applicant”), requesting
Conditional Use Permit No. 05-40 for a combination gasoline and diesel fuel sales/
convenience market/ take-out restaurant; Zone Variance No. 05-41 for reduced rear yard
setback, increased driveway widths, and less than the required 1,000 foot distance to
another combined gasoline sales/convenience market; Tentative Parcel Map No. 62837
for the combination of six lots into one lot on property located at 8801 Lakewood
Boulevard/ Assessors Identification No. 6367-033-046 (hereinafter “subject property”)
and zoned C-2, General Commercial.
B.On May 18, 2005 and continued to June 1, 2005, the Downey Planning Commission
held a duly noticed Public Hearing and, after fully considering all oral and written
testimony and facts and opinions offered at the aforesaid Public Hearing, and adopted
Resolution No. 2387, approving Conditional Use Permit No. 05-40.
C.On June 16, 2005, Maroun Boutrous filed an Appeal of the decision by the Downey
Planning Commission approving Conditional Use Permit No. 05-40 and Zone Variance
No. 05-41 to the City Council.
D On July 12, 2005, the Downey City Council held a duly noticed Public Hearing and, after
fully considering all oral and written testimony and facts and opinions offered at the
aforesaid Public Hearing, adopted Resolution No. 05-6866, approving the Appeal and
denying Conditional Use Permit No. 05-40.
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:
A.The proposed Conditional Use Permit for a combination gasoline sales/ convenience
market/ take-out restaurant will adversely affect the purpose and intent of both the
Downey Municipal Code and the Downey General Plan contributing to increase loitering,
noise, and other potential impacts on adjacent properties and the surrounding area. The
proposal would be inconsistent with the “Neighborhood Commercial” land use
designation of the subject property, as noted in the General Plan (Downey Vision 2025).
B The proposal will adversely affect the growth and development of the surrounding area.
The subject property is located within the west side of the Lakewood Boulevard commercial
corridor, north of the 1-5 Freeway. The area is designated for small scale commercial uses
and the proposed use is found to be inconsistent with the “Neighborhood Commercial” land
use designation in the City’s General Plan (Downey Vision 2025).
RESOLUTION NO. 05-6866
PAGE TWO
C.The size and shape of the subject property is not adequate to accommodate the proposed
use in a manner not detrimental to the area. The subject property has an irregular long and
narrow shape and a net lot area of only 16,000 square feet, which is less than the standard
22,500 square foot lot area required for gasoline sales businesses, encouraging the use of
the adjacent public alley for access.
D The proposed use will generate additional traffic onto adjacent streets, alleys and
highways. Therefore, the project will impose an undue burden on the streets, public alleys
and highways in the area.
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 the Appeal and denies Conditional Use
Permit No. 05-40.
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this 26th day of July, 2005.
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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 26th day of July, 2005, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
4 Council Members: Cartozian, Gafin, Perkins, Mayor Bayer
0 Council Member: None
0 Council Member: None
1 Council Member: Trejo
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KATHLEEN L. MIDSTOKKE, City Clerk