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HomeMy WebLinkAboutPC Resolution 13-2851 RESOLUTION NO. 13-2851 ILA RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION FOR APPLICATION PLN-13-00064 AND APPROVE SAID APPLICATION, A REQUEST TO REZONE THE PROPERTY AT 11101 LAKEWOOD BOULEVARD FROM PROFESSIONAL OFFICE(C-P)TO LAKEWOOD/FIRESTONE SPECIFIC PLAN (SP- 91- 2). APPLICANT: PROGENY PARTNERS, LP ASSESSOR PARCEL NUMBER 6254—028 -055 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. Mr. John N. Puente Jr., representing In-N-Out Burger, filed an application on behalf of the Applicant, Progeny Partners, LP, on March 20, 2013 with the Planning Commission, petitioning a recommendation to the City Council of the City of Downey for a change of zone for the property at 11101 Lakewood Boulevard, Assessor Parcel No. 6254-028-055, from Professional Office (C-P) to Lakewood/Firestone Specific Plan (SP-91-2), as set forth in PLN-13-00064. In conjunction with this rezone application, Mr. Puente filed a conditional use permit, also known as PLN-13- 00064, to permit In-N-Out to enlarge its parking lot and lengthen the drive-through lane by converting for its use the property at 11101 Lakewood Boulevard into a parking lot. B. The Planning Commission conducted a duly-noticed public hearing on October 16, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 13-2851, recommending approval of the Lakewood/Firestone Specific Plan (SP-91-2) to the City Council. SECTION 2. The Planning Commission of the City of Downey further finds, determines and declares that: A. That 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. Project implementation will be desirable for the community, especially the site's neighboring properties, in that it will make the area a more attractive location by improving traffic conditions at the project site, as well as the two highways serving it. With respect to the General Plan, the requested zone change and its accompanying project will implement several General Plan programs and a General Plan policy. For General Plan programs, the zone change request and its associated project will implement Program 1.3.2.7., "Encourage the grouping of adjoining small or odd-shaped in order to create more viable developments" and Program 2.1.2.3. "Reduce the number of driveway access points on streets." Other programs they'll implement include, Program 2.5.1.5., "Minimize parking demand spillover effects onto adjacent streets and properties" and 2.5.1.8., " Promote safe and efficient design for parking areas." The General Plan policy that will be implemented is Policy 2.5.1, "Provide for adequate parking supply to meet parking demands." Resolution No. PLN - 13-00064 (Zone Change) Page 2 B. That the zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The requested zone change and its associated project will be compatible with the affected site's adjoining properties. Compatibility will be achieved by the buffers that will provided along the site's property lines. Specifically, buffers, as prescribed in the zoning ordinance, will be installed along the site's northerly and westerly property lines and consist of a combination block wall and landscape planter with trees and shrubs, measuring at least 10 feet high at the time of planting. C. That 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 project site consists of two properties. Under the development proposal, the zone change parcel and the adjoining parcel will merge; further, the adjoining parcel maintains the same zoning that the zone change property is seeking: Lakewood/Firestone Specific Plan. Combined, the two properties are more than adequate in size to accommodate the kind of uses that are permitted in the Lakewood/Firestone Specific Plan. Specifically, the minimum lot size in the requested zone is 32, 670 square feet, whereas the merged parcel is approximately 44,000 square feet. Moreover, the development plan that's proposed for the merged parcel does not include any variances from the requested zone's development standards. D. That 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. As noted above, the parcel that is the subject of zone change is slated to merge with an adjoining parcel. Moreover, the project accompanying the zone change consists of enlarging the parking lot of an existing drive-through restaurant and does not propose adding floor area. Consequently, the project will not generate traffic. In fact, it is intended to improve traffic conditions at the project site and the streets serving it. To that end, the project will increase the restaurant's parking supply, along with increasing the capacity of its drive-through lane. By implementing these improvements, the project will increase the capacity of the site and in turn, avoid impacting adjoining streets. Utilities serving the project site are fully improved and adequate in capacity to supply the demands of the site's improvements. . E. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The Lakewood/Firestone Specific Plan is the requested zoning classification and it is consistent with the affected property's General Commercial General Plan designation. Furthermore, both the land uses permitted by the Lakewood//Firestone Specific Plan and the other specific plan provisions are consistent with the General Commercial designation. F. In taking this action, the Planning Commission has considered the effects of the decision on the housing needs of the region in which the City is located and balanced these needs against the public service needs of City residents and available fiscal and environmental resources. SECTION 3. The Planning Commission also further finds, determines and declares that: A. An Initial Study and Negative Declaration were prepared for PLN-13-00064, in accordance with the provisions of the California Environmental Quality Act (CEQA), Resolution No. PLN — 13—00064 (Zone Change) Page 3 L state CEQA guidelines, and the City of Downey's Procedures for Implementing CEQA. B. The Initial Study and proposed Negative Declaration were made available to the public for review and comment from September 18, 2013 to October 11, 2013. C. A public hearing was held by the Planning Commission of the City of Downey on October 16, 2013, at which time evidence was heard on the Initial Study and proposed Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered the environmental documents, together with comments received during the public review period. D. In view of the foregoing, the Planning Commission hereby recommends the City Council of the City of Downey adopt the proposed Negative Declaration prepared for PLN-13-00064, along with its findings and conclusions. SECTION 4. The Planning Commission in view of the foregoing, hereby recommends the City Council approve an amendment to the Comprehensive Zoning Map, changing the zoning of the property at 11101 Lakewood Boulevard from Professional Office (C-P) to Lakewood/Firestone Specific Plan (SP-91-2). PASSED, APPROVED AND ADOPTED this 16th day of e tob= 113. I / Lai/. , , ouis Mor-e-, Chair an City Planni►g Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 16th day of October 2013, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales ABSENT: COMMISSIONERS: NOES: COMMISSIONERS: / ABSTAIN: COMMISSIONERS: / ' At.__ Mary Cav:nagh, Secretary City Planning Commission