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Home My WebLink About06. Zone Change 09-52 Lakewood Blvd. AGENDA MEMO DATE: January 12, 2010 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER By: Brian T. Saeki, Director of Community Development SUBJECT: ZONE CHANGE NO. 09-52, A REQUEST TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND REZONE PROPERTY LOCATED AT 9920-9990 LAKEWOOD BOULEVARD FROM C-1 (NEIGHBORHOOD COMMERCIAL) AND C-2 (GENERAL COMMERCIAL) TO BE ENTIRELY WITHIN THE C-2 ZONE RECOMMENDATION Staff is recommending that the City Council adopt the following titled ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND REZONING PROPERTY LOCATED AT 9920-9990 LAKEWOOD BOULEVARD (AIN 6390-010- 047) FROM C-1 (NEIGHBORHOOD COMMERCIAL) AND C-2 (GENERAL COMMERCIAL) TO BE ENTIRELY WITHIN THE C-2 ZONE DISCUSSION At its December 15, 2009 meeting, the City Council held a duly noticed Public Hearing, and after fully considering all oral and written testimony and facts and opinions offered, introduced the attached Ordinance. H:\PLANNING\BLUMENTHAL\Projects\Lakewood_9920-9990\Staff Report_2010-1-12.doc CITY OF DOWNEY, CALIFORNIA ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND REZONING PROPERTY LOCATED AT 9920-9990 LAKEWOOD BLVD (AIN 6390-010-047) FROM C-1 (NEIGHBORHOOD COMMERCIAL) AND C-2 (GENERAL COMMERCIAL) TO BE ENTIRELY WITHIN THE C-2 ZONE. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. On August 31, 2009, the applicant submitted a request to rezone the subject site from the C-1/C-2 combination to be entirely within the C-2 zone. This application was deemed complete on September 21, 2009; and, B. On November 4, 2009, the Planning Commission held a duly noticed public hearing on the request and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Resolution No. 09-2614, thereby recommending the City Council adopt a Negative Declaration of Environmental Impact and approve Zone Change No. 09-52; and, C.On December 4, 2009, notice of Zone Change No. 09-52 was published in the Long Beach Press Telegram, as well as mailed to all property owners within 500’ of the subject site; and, D. The City Council held a duly noticed public hearing on December 15, 2009, at which time the City Council considered all oral and written testimony. SECTION 2. The City Council further finds, determines and declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that there would be no significant environmental impacts created by the proposed Zone Change, a Negative Declaration was prepared. Based on its own independent judgment that the facts stated in the initial study are true, the City Council hereby finds that the approval of the Zone Change it will not have any potential negative environmental impacts. SECTION 3. 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: 1. The zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interests or furtherance of the public health, safety, and general welfare. The subject site has a General Plan Land Use Designation of General Commercial, which is typically implemented with the C-2 (General Commercial) zone. According to the General Plan, the intent of the General Commercial designation is to allow a full range of commercial uses that serve the City as a whole. Conversely, the Neighborhood Commercial designation, which would be implemented by the C-1 zone, is intended to serve the immediate neighborhood. Since the subject site is located on a major arterial (Lakewood Blvd), it is intended to serve the City as a whole, not just the immediate neighborhood. This ORDINANCE NO. ____ PAGE TWO fact is further evident since half the site, and much of the surrounding area, is already within the C-2 zone. 2. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The subject site is located on Lakewood Blvd and is currently improved with a multi-tenant commercial shopping center. The other properties in the area that are also on Lakewood Blvd are improved with a variety of commercial uses. Inasmuch as rezoning the site from C-1 to C-2 will not alter the existing uses and future uses will include a variety of commercial uses, the property will remain compatible and complementary to the existing conditions in the area. 3. The site is adequate in size to accommodate the uses permitted in the zone requested and that all applicable property development standards can be complied with. The subject site is a 1.74 acre rectangular parcel, which exceeds the 10,000 square foot minimum lot size in the C-2 zone. The site is currently improved with a multi-tenant commercial shopping center. Even though no construction is being proposed with this request, the site will be able to accommodate any use permitted under the C-2 zone, provided sufficient parking is available. Furthermore, any future expansion would require Planning Commission review in a duly noted public hearing. 4. The site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned. The subject site is accessed via Lakewood Blvd, which is a major arterial in the City of Downey. Furthermore, the site is currently improved with a multi-tenant commercial building, which is served by the existing utility system grid. In view of the fact that the proposal does not involve expansion of the buildings the site will continue to be fully accessed from Lakewood Blvd and the existing utility grid, both of which have sufficient capacity to accommodate the site. 5. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The subject site has a General Plan Land Use Designation of General Commercial, which according to the General Plan should be implemented with the C-2 zone. Furthermore, as noted in the first finding of this section the proposed zone change is in compliance with the General Plan. SECTION 4. Based upon the findings set forth in this ordinance the City Council hereby adopts a Negative Declaration of Environmental Impact and rezones property located at 9920- 9990 Lakewood Boulevard (AIN 6390-010-047) to C-2 (General Commercial). ORDINANCE NO. ____ PAGE THREE SECTION 5 . The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. th APPROVED AND ADOPTED this 12 day of January, 2010. ANNE M. BAYER, Mayor ATTEST: KATHLEEN L. MIDSTOKKE, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Ordinance No. ___________, was introduced at th a Regular meeting of the City Council of the City of Downey held on the 15 day of December, 2009, and adopted at a Regular Meeting of the City Council of the City of Downey held on this th 12 day of January, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. ________, was published in the Press-Telegram, a newspaper of general circulation in the City of Downey, on ___________ (after introduction), and on ________________ (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. __________________________________ KATHLEEN L. MIDSTOKKE, City Clerk