HomeMy WebLinkAboutResolution No. 6486 RESOLUTION NO. 6486
AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE
APPEAL AND DENYING A ZONE CHANGE TO CHANGE FOR A PORTION OF PROPERTY
AT 7847 -7879 FLORENCE AVENUE AND 10021 TWEEDY LANE
FROM PB (PARKING BUFFER) TO C2 (GENERAL COMMERCIAL)
(ASSESSOR PARCEL Nos. 6360- 012 -009, 012 AND 013).
ZONE CHANGE No. 01 -28
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 John Efstathiou (hereinafter "Applicant ") requesting
Zone Change No. 01 -28 — to change the zoning for a portion of property at 7847-
7879 Florence Avenue and 10021 Tweedy Lane, Downey, California from PB
(Parking Buffer) to C2 (General Commercial) (hereinafter "subject site ")
(Assessor Parcel Nos. 6360- 012 -009, 012 and 013).
B. The Planning Commission held a duly noticed public hearing on May 16, 2001,
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, and after a tie vote of 2 -2 -1, the
application was deemed a denial under Section 9160 of the Downey Municipal
Code.
C. An appeal of the decision of the Planning Commission was filed by the applicant
on May 18, 2001.
D. The City Council held a duly noticed public hearing on June 26, 2001, and after
fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted Resolution No. 6486 denying the appeal
and denying Zone Change No. 01 -28.
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 requested zone change is not in harmony with the objectives of the General
Plan and negatively affects the public health, safety and general welfare of the
community. The General Plan designation for the subject property is General
Commercial, making the zone change request from PB (Parking Buffer) to C2
(General Commercial) consistent with the General Plan. However, issues and
goals of the General Plan include maintaining the high quality and single - family
residential character of the City and protecting residential neighborhoods of the
City by enforcing ordinances which separate residential uses from commercial
and office uses. The PB zone addresses these issues and goals.
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Resolution No. 6486
Downey City Council
B. Based upon trends of the area, staff finds the requested zone change will not be
compatible and complementary to the existing conditions of the adjoining
properties in the surrounding area. To the north of the subject property are
single - family and multiple - family residential neighborhoods. The purpose and
intent of the PB (Parking Buffer) is to act as a buffer between the principal uses
of the parcel of which it is a part and adjoining streets and less intense zones.
C. The subject property is adequate in size to accommodate uses permitted in the
zone request. Approximately half of the subject property is already zoned C2,
and changing the PB portion of the property to C2 would not alter property lines.
Therefore, it meets the minimum lot size and property dimensions required for
the C2 zone.
D. The streets and highways are not designed to carry the type and quantity of
traffic that is expected to be generated by the zone change. Florence Avenue is
designated a Major Arterial by the General Plan while Tweedy Lane is
designated a Collector Street. While Florence Avenue would be able to absorb
additional traffic, Dinsdale Street and Smallwood Avenue are residential streets
and additional traffic may negatively impact the residential neighborhood to the
north.
E. There have not been any change in conditions since the existing zoning became
effective. The zoning on the subject property was in place since City
incorporation in 1956 and there have not been any changed conditions since the
denial of Zone Change 91 -109, an identical request.
F. The proposed zone change is not in conformance with the General Plan.
Although the zone change request to C2 is consistent with the General Plan land
use designation of General Commercial, it does not conform with issues and
goals of the General Plan relating to maintaining the high quality and single -
family residential character of the City and protecting residential neighborhoods
of the City by enforcing ordinances which separate residential uses from
commercial uses. Maintaining the PB zone would address these issues and
goals.
G. An initial study of the environmental impacts and a Negative Declaration has
been prepared for the proposed project in accordance with the provisions of the
California Environmental Quality Act (C.E.Q.A.) and it indicates that there will be
no significant environmental impacts.
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 the appeal and denies Zone Change No.
01 -28.
Resolution No.
Appeal of ZC No. 01 -28 — Florence Ave. & Tweedy Ln.
26 June 2001 - Page 2
Resolution No. 6486
Downey City Council
SECTION 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 26th day of June 2001.
ROBERT C. WINNINGHAM, Mayor
City of Downey
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 June 2001 by the
following vote, to wit:
AYES: 3 Council Members: Tre jo , Perkins , Winningham
NOES: 2 Council Members: McCarthy, Cartoz i an
ABSENT: 0 Council Members: None
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KATHLEEN L. MIDSTOKKE, City Clerk
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Resolution No.
Appeal of ZC No. 01 -28 — Florence Ave. & Tweedy Ln.
26 June 2001 - Page 3