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HomeMy WebLinkAboutPC Resolution 15-2932RESOLUTION NO. 15 -2932 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE THE SPECIFIC PLAN AMENDMENT (PLN -15- 00155), THEREBY AMENDING SECTION 5.4.2 OF THE DOWNTOWN DOWNEY SPECIFIC PLAN TO ALLOW OFF -SITE PARKING. THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine and declare that: A. On October 12, 2010, the Downtown Downey Specific Plan was adopted to create a pedestrian oriented mixed use environment in the central portion of Downey; and, B. The City of Downey desires to provide additional parking supply in the downtown area; and, C. On June 23, 2015, the City Council directed staff to analyze an amendment to the Downtown Downey Specific Plan to allow off -site parking agreements; and, D. On July 23, 2015, notice of the pending zone text amendment was published in the Downey Patriot as a' /8th page ad; and, E. The Planning Commission held a duly noticed public hearing on August 5, 2015, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the requested Specific Plan Amendment has been reviewed 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. 15305 (Class 5 - Minor Alteration in Land Use Limitations) based on the fact that it will not alter densities or parking requirements. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: The proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council. The boundaries of the Specific Plan are within the General Plan Land Use Designation of Mixed Use. According to the General Plan, "the Mixed Use Designation should encourage development that exhibits the physical design characteristics of pedestrian- oriented, storefront -style shopping streets that creates a more active and vibrant street life." The proposed amendment will increase the parking supply in the downtown area. This increased supply will provide additional development opportunities and encourage new businesses to open in the downtown, which will provide a more active pedestrian street life. Furthermore, the proposed %- mile distance is within the goals established for a pedestrian oriented environment. Resolution No. 15 -2932 Downey Planning Commission 2. The proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. The proposed amendment is to the Downtown Downey Specific Plan, which is the underlying zoning for the area. It is an objective of the specific plan to create a pedestrian oriented environment, which is supported by the park once concept. By allowing the off -site parking, the parking supply will be increased. The expanded parking supply supports the park once concept and furthers the goal of creating a pedestrian oriented environment in downtown. 3. The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the City. The amendment to the Downtown Downey Specific Plan is necessary and desirable for the continual development of the community. As the downtown evolves and grows, additional parking is needed to execute the objectives of the Specific Plan. Meeting these objectives is in the interest of and furthers the public health, safety, general welfare, and the goals, policies, and programs of the General Plan relating to advancing livable community concepts. The proposed amendment encourages development by promoting alternative methods to meet parking requirements, while encouraging pedestrian activity in the downtown. Therefore, the amendment will focus on an area in which livable communities concepts have the most impact since it will promote people to walk between destinations or between their home and work. 4. The Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State. Article 8 of Chapter 3 of the California Government Code sets forth specific requirements and standards for the content and adoption of Specific Plans. This includes that the Specific Plan is consistent with the City's General Plan. As noted in the first finding of this section, it is staff's opinion that the proposed amendment to the Downtown Downey Specific Plan is consistent with the General Plan. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby recommends that the City Council amend Section 5.4.2 of the Downtown Downey Specific Plan to read as follows: 5.4.2 Downtown Parking Credits Notwithstanding other provisions of this Specific Plan, all or a portion of the off - street parking required for non - residential uses may be accommodated using one of the following alternatives. For the purposes of this section, when a new use occupies space in an existing building, the new use shall provide for any increase in parking demand above the previous use in the building. Parking Waiver The City Planner may waive the parking requirement if all the following findings are made: The owner or occupant of the property, on which the waiver is to be applied, agrees to pay to the City an amount to be determined by the City Council for each automobile storage space to be waived and, Wireless Communication Facilities — PLN -15 -00013 April 1, 2015 - Page 2 Resolution No. 15 -2932 Downey Planning Commission ► That the development of parking on the property for which the waiver is sought, in accordance with the requirements of this article for off - street parking, would preclude the development or use of such property; and, Granting the waiver to allow the development or use is necessary to achieve the goals of the Specific Plan. All money received by the City pursuant to the provisions of this section shall be used for the purpose of providing for, or facilitating the use of, public off - street parking within the boundaries of the Downtown Downey Specific Plan. Off -Site Parking The Planning Commission may approve a Conditional Use Permit to allow a substitute location within 1,320 feet from the property for which the parking is being provided and which meets all of the following conditions: ► The total number of parking spaces shall not be less than the sum of the requirements for each of the individual uses on all of the parcels or lots, as required by this Specific Plan; and, ► All of the parcels involved are within the boundaries of the Downtown Downey Specific Plan; and, ► One of the following shall apply: (1) A reciprocal parking easement is recorded to all of the properties involved. Said easement shall be approved by the City Attorney and shall not be terminated without the approval of the City; or, (2) The property owners of the parcels involved shall enter into an off -site parking agreement. The agreement shall be reviewed and approved by the City Attorney before approval of the Conditional Use Permit. On an annual basis, the applicant shall provide the City Planner proof the agreement is still in effect and full force. Should the off -site parking agreement expire, be canceled, or voided in any manner, the applicant shall either cease operations of the use requiring parking or obtain a parking waiver from the City Planner, as outlined above. If approved, the parking waiver shall be effective the date the off -site parking agreement was expired, canceled, or voided. Wireless Communication Facilities — PLN -15 -00013 April 1, 2015 - Page 3 Resolution No. 15 -2932 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of August, 2015. 'Pyza l' �Aector Lujari, C airman 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 5th day of August, 2015, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary vanagh, Secret City Planning Commission Wireless Communication Facilities — PLN -15 -00013 April 1, 2015 - Page 4