HomeMy WebLinkAbout3. PLN-14-00244 - 9010 BuhmanSTAFF REPORT
PLANNING DIVISION
DATE: JANUARY 7, 2015
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: DAVID BLUMENTHAL, SENIOR PLANNER
SUBJECT: PLN-14-00244 (GENERAL PLAN CONSISTENCY) – A REQUEST TO
FIND THAT THE SALE OF COMMUNITY DEVELOPMENT COMMISSION
HOUSING AUTHORITY OWNED PROPERTY LOCATED AT 9010
BUHMAN AVE IS CONSISTENT WITH THE GENERAL PLAN
LOCATION: 9010 BUHMAN AVE
ZONING: R-1 6,000 (SINGLE FAMILY RESIDENTIAL)
REPORT SUMMARY
The City of Downey Community Development Commission Housing Authority previously
acquired the property located at 9010 Buhman Ave. The Housing Authority now wishes to
divest itself from this property. Prior to selling the parcel, California Government Code requires
the Planning Commission adopt a finding that the disposal of said real property is consistent
with the adopted General Plan. Based on the analysis contained in this report, staff is
recommending the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY ADOPTING A FINDING THAT THE SALE OF COMMUNITY
DEVELOPMENT COMMISSION HOUSING AUTHORITY OWNED PROPERTY
LOCATED AT 9010 BUHMAN AVE IS CONSISTENT WITH THE CITY’S
GENERAL PLAN.
BACKGROUND
In 2008, the Community Development Commission Housing Authority of the City of Downey (CDC)
purchased the subject site at a public trustee auction after it was foreclosed upon. The Housing
Authority was involved in the auction due to a home improvement loan that was made to the then
property owner that was recorded as a second deed of trust.
The subject site is a 5,720 square foot parcel that his located on the east side of Buhman Ave,
south of Cedartree Rd. This property is improved with a 996 square foot single-family residence
Agenda Page 1
General Plan Consistency – PLN-14-00244
January 7, 2015 - Page 2
and a detached two-car garage. The site has a General Plan Land Use Designation of Low
Density Residential and is zoned R-1 (Single Family Residential).
Pursuant to Government Code Section 65402(b), a local agency may not acquire or dispose of
property, unless the Planning Commission finds that such acquisition or disposition is consistent
with the General Plan.
DISCUSSION
Since acquiring the property the house has remained vacant. The Community Development
Commission Housing Authority wishes to divest itself of this liability. Additionally, the revenue
derived from the sale of the property will be deposited in the Low and Moderate Income Housing
Asset Fund, which will be used to provide additional housing for low income households.
Goal 9.3 of the General Plan states the City should “Ensure the continued fiscal balance of the
community.” It is staff’s opinion that the disposition of this parcel will help achieve this goal
since the properties will no longer be a liability for the Community Development Commission
Housing Authority. Furthermore, the sale of the parcel will generate revenue for the Low and
Moderate Income Housing Asset Fund. Inasmuch as the disposition of the property helps
achieves a goal of the General Plan, staff feels that the Planning Commission can find that this
action conforms to the requirements of the General Plan.
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed General Plan Consistency for compliance with the California
Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that
this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15312
(Class 12, Surplus Government Property Sales). Categorical Exemptions are projects, which
have been determined not to have a significant effect on the environment and have been
exempted from the requirements of the California Environmental Quality Act. Class 12
exemptions are intended for the sale of government owned property with no environmental
value.
EXHIBITS
A. Location Map
B. Draft Resolution
C. Aerial Photograph
Agenda Page 2
General Plan Consistency – PLN-14-00244
January 7, 2015 - Page 3
EXHIBIT A – MAPS
Location
Agenda Page 3
RESOLUTION NO. __________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
ADOPTING A FINDING THAT THE SALE OF COMMUNITY DEVELOPMENT
COMMISSION HOUSING AUTHORITY OWNED PROPERTY LOCATED AT 9010
BUHMAN AVE IS CONSISTENT WITH THE CITY’S GENERAL PLAN
WHEREAS, the City of Downey General Plan (Vision 2025) was adopted on January 25,
2005; and,
WHEREAS, the State of California Government Code Section 65402, requires the City of
Downey shall not acquire, use, or dispose of any real property until the use of the property has
been found in conformance with the City’s General Plan; and,
WHEREAS, it is a goal of the General Plan (9.3) to “Ensure the continued fiscal balance
of the community;” and,
WHEREAS, the Community Development Commission Housing Authority wishes to
dispose of property located at 9010 Buhman Avenue (AIN 6388-010-900).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DOWNEY
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission does hereby find and determine the proposed
sale of real property located at 9010 Buhman Avenue (AIN 6388-010-900) is in conformance to
the City’s adopted General Plan. In compliance with General Plan Goal 9.3, the disposal of the
properties will reduce the Community Development Commission Housing Authority liability and
raise additional revenue for the Low and Moderate Income Housing Asset Fund.
SECTION 2. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of January, 2015.
Robert Keifer, Chairman
City Planning 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 7th day of January,
2015, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONER:
Mary Cavanagh, Secretary
City Planning Commission
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