HomeMy WebLinkAboutResolution No. 5222 RESOLUTION NO. 5222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA,
DENYING A REQUEST TO AMEND THE COMPREHENSIVE ZONING MAP
AND ADOPTING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR
ZONE CHANGE #246
THE CITY COUNCIL OF THE CITY OF DOWNEY HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The City Council of the City of Downey hereby finds, determines and
declares that:
A. The owner of the property at 7838 Burns Avenue submitted a zone change
application (Zone Change #246) to rezone this property from R1 -5,000 (Single -
Family Residential Zone) to R -3 -0 (Medium Density Multiple- Family Residential
Ownership Zone).
B. The City Planning Commission subsequently expanded Zone Change #246's Study
Area to include the properties at 7848 and 7860 Burns Avenue as part of said
zone change application to evaluate their existing land use and zoning
classifications.
C. The City Planning Commission gave required notice and held a public hearing on
Zone Change #246 on July 5, 1989 to consider rezoning the properties at 7838,
7848 and 7860 Burns Avenue; at which public hearing said zone change
application and Comprehensive Zoning Map were displayed and explained.
D. Following said public hearing, the Planning Commission gave careful
consideration to testimony and all the facts and opinions offered at the
aforesaid public hearing and, by Resolution No. 1277, recohunended to the City
Council they rezone the three properties under consideration from R1 -5,000 to
R -3 -0.
E. The City Council has fully reviewed and carefully considered the Negative
Declaration of Environmental Impact, including all information presented at
said public hearing, in making its decision on Zone Change #246.
F. The City Council gave required notice and held a public hearing on Zone Change
#246 on August 8, 1989 at which the proposed zone change application and
Comprehensive Zoning Map were displayed and explained.
Resolution No. 5222
Zone Change #246
Page Two
SECTION 2. The City Council of the City of Downey further finds, determines and
declares that an Initial Study of Environmental Impact and Negative Declaration
have been prepared tor Zone Change #246, in accordance with the provisions ot the
California Environmental Quality Act (CEQA) and State CEQA Guidelines. Prior to
approving the proposed zone change, the City Council considered the Initial Study
and Negative Declaration together with comments received during the public review
process. On the basis of the Initial Study and comments received, the City
Council hereby determines and declares there is no substantial evidence the
proposed zone change may have a significant adverse effect on the environment.
The City Council, hereby adopts the Negative Declaration for Zone Change #246.
SECTION 3. The City Council of the City of Downey hereby further finds the
following circumstances apply to the hereinabove described properties.
A. The requested zone is not desirable tor the development of the community, is
not in harmony with the objectives and intentions of the City's Comprehensive
Zoning Map and is not in the interest and furtherance of the public health,
safety, and general welfare, since the proposed zoning classification and land
uses permitted in the requested zone will result in an inconsistent land use
pattern. The requested R -3 -0 zone and accompanying development will be
inconsistent with the neighboring properties which maintain the R1 -5,000
zoning classification, and which are correspondingly improved with single -
family residences. The City Council has determined that single- family
development is preferable in this location, as envisioned by the existing x1-
5,000 zoning. The Council is concerned that granting ot the R -3 -0 zone on the
subject properties will result in future similar requests on surrounding
underutilized residential properties.
B. The requested zone will be incompatible with the adjoining single - family
neighborhood because the land uses and accompanying development -types
permitted in the requested R -3 -0 zone will produce noise impacts that will
interfere with the occupants of the adjoining, noise- sensitive single - family
residences.
C. That the properties under consideration are inadequate in size to accommodate
land uses permitted in the requested zone and also comply with applicable land
use controls; projects developed in accordance with the requested zoning
classification will result in permitted development -types negatively impacting
the occupants of neighboring single- family residences by producing noise,
vehicle pollutants, light /glare impacts and compromising their privacy.
D. That the properties under consideration tor the requested zone do not relate
to the street (Burns Avenue) that would carry traffic expected to be generated
by land uses permitted in the requested zone; the street that provides access
to said properties is 33 -feet wide at one section and 28 -feet wide at another,
and consequently, does not allow tor efficient and safe vehicle movement.
E. Conditions have not changed since the existing zoning became effective that
warrant different zoning.
Resolution No. 5222
Zone Change #246
Page Three
SECTION 4. In view of the foregoing, the City Council of the City of Downey
denies Zone Change #246.
SECTION 5. In further view of the foregoing, the City Council hereby directs the
Community Development Department staff to prepare a General Plan Amendment to
consider re- designating the land use category of the properties at 7838, 7848 and
7860 Burns Avenue from Medium Density Residential to Low Density Residential.
SECTION 6. The City Clerk shall certify the adoption of the Resolution.
APPROVED AND ADOPTED this 10th day of October, 1989.
7,;(
Randal R. Barb, Mayor
ATTEST:
4
e7
� 'Mc ).1 e , City Clerk
J u � � Y
{
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Downey at a regular meeting thereof held on the 10th day of
October, 1989, by the following vote of the Council:
AYES: 4 Councilmembers: Paul, Cormack, Boggs, Barb
NOES: 1 Councilmembers: Hayden
ABSTAIN: 0 Counciimembers: None
ABSENT: 0 Councilmembers: None ) )9
d
Jugly Mc e , City Clerk
7 /
l'
32:zc246deny