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Home My WebLink AboutResolution No. 16-7627-Changing Land Use Categories Properties to Mitigated Negative DeclarationA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY CHANGING THE LAND USE CATEGORIES OF THE PROPERTIES AT 9511 FIRESTONE BOULEVARD AND 11104 PANGBORN AVENUE FROM GENERAL COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL AND ADOPTING A MITIGATED NEGATIVE DECLARATION THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Gabriela Marks, filed a Land Use Permit Application on behalf of the Applicant with the City Planning Commission petitioning a recommendation to the City Council of the City of Downey for a change the General Plan Land Use designation of the properties at 9551 Firestone Boulevard and 11104 Pangborn Avenue from General Commercial and Medium Density Residential to Neighborhood Commercial; and, WHEREAS, in accordance with the provisions of the California Environmental Quality Act (CEQA), the City of Downey obtained the services of DUDEK, an environmental consulting firm, who prepared an Initial Study and Mitigated Negative Declaration that assessed the potential consequences of implementing a development proposal for a fast food restaurant on the subject site, in conjunction with the General Plan amendment. Furthermore, staff circulated the proposed Mitigated Negative Declaration for public comment from November 26, 2015 to December 17, 2015; and, WHEREAS, on March 4, 2016, notice of the pending public hearing was published in Downey Patriot and mailed to all property owners within 500' of the subject site; and, WHEREAS, the Planning Commission conducted a duly noticed public hearing on March; 16, 2016, at the conclusion of which the Planning Commission adopted Planning Commission Resolution No. 16 -2964, thereby recommending the City Council approve the General Plan Amendment; and, WHEREAS, on March 31, 2016, notice of the pending City Council public hearing was published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, WHEREAS, the City Council conducted a duly noticed public hearing on April 12, 2016, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds, determines and declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that there would be no significant environmental impacts created by the proposed project, a Mitigated Negative Declaration was prepared. Based on its own independent judgment that the facts stated in the initial study are true, the City Council herby finds that the approval of the project will not have any potential negative environmental impacts. RESOLUTION NO. 16 -7627 PAGE 2 SECTION 2. In consideration of the General Plan Amendment, the Planning Commission of the City of Downey further finds, determines and declares that: A. That the proposed General Plan Amendment is consistent with all other goals, policies, programs, and land uses of applicable elements of the General Plan. Implementing the requested General Plan Amendment is consistent with two General Plan programs. Specifically, Program 1.1.4.4. "Phase out and re- designate the land use classifications for selected strip commercial areas" and "Program 1.3.2.7. Encourage the grouping of adjoining small odd shaped parcels in order to create more viable developments ". Changing the affected site's land use classifications to "Neighborhood Commercial" translates into phasing out the land use category of a site with Firestone Boulevard frontage, which can be characterized as a strip commercial property. The site's existing classifications do not match its characteristics. Specifically, the site is not large enough and lacks sufficient frontage to accommodate the kind of uses that the "General Commercial" category envisions. Furthermore, the project site is proximate to a large, single- family neighborhood and the kind of uses that the existing General Commercial designation allows would negatively impact residents due to the site's small size and lack of buffer areas. Implementing the development proposal includes a tentative parcel map application, a request to merge a large lot with a small, adjoining lot. The merged parcel, measuring about 33,481 square feet, enables the applicant to develop an efficient site layout for the proposed fast food drive- through restaurant, while also complying with all applicable development standards. B. That the proposed General Plan Amendment will not adversely affect surrounding properties or the surrounding environment. Amending the affected site's General Plan categories to the requested "Neighborhood Commercial" will not impact neighboring properties or the surrounding environment. The land uses that the requested land use category allows are much less intense than the existing classification permits. The requested " Neighborhood Commercial" designation supports neighborhood - serving uses which are intended to serve only the limited need for convenience and service goods for neighboring residents. C. That the proposed General Plan Amendment promotes the public health, safety and general welfare and serves the goals and purposes of this article. The Applicant is requesting to change the site's two General Plan designations to "Neighborhood Commercial." The site's C -1 (Neighborhood Commercial) zone is the City zoning classification and corresponds with the requested General Plan category. "Neighborhood Commercial" is the land use category that is best suited for the project site due to factors such as its limited size, the nearby residential neighborhood and its Firestone Boulevard frontage. Its current "General Commercial" category allows for a wide range of commercial uses and project types; some with extensive trade areas, like regional shopping centers, new and used automobile dealerships, hotels, office buildings and hospitals. Uses associated with the "General Commercial" designation are typically more intense so this category is appropriate in areas with large sites that provide buffers for adjoining land uses. This suggests that the project site, which contains about 33,481 square feet, is not large enough to accommodate the above - mentioned uses. The "Neighborhood Commercial" category, by contrast, is intended for neighborhood- serving retail uses, which draw customers from adjoining neighborhoods, and not areas from outside the city or region. Consistent with this intent, uses described as "Neighborhood Commercial" are typically small in scale with respect to floor area, building height and operational activities. RESOLUTION NO. D. That the proposed General Plan Amendment will not conflict with the provisions of this article, including the City's subdivision ordinance. The requested change of the site's two General Plan designations to "Neighborhood Commercial "is consistent with the provisions of Article IX of the Downey Municipal Code (Land Use), because the C -1 (Neighborhood Commercial) Zone is intended to provide for the development of limited neighborhood shopping areas situated adjacent to, or surrounded by, residential neighborhoods. These shopping areas are intended to serve only the limited need for convenience goods and services in their immediate locality and should fit easily into a residential environment without detriment to the character of the area. The proposed development includes a 3,000 square foot fast food restaurant building with a drive through lane and 31 parking spaces on a 33,481 square foot site. It satisfies the property development standards, site area requirements, vehicular access, landscaping and other factors that allow the subject property to maintain its compatibility with surrounding uses. The project site exceeds the minimum area requirement for new lots in the C -1 (Neighborhood Commercial) zoning classification the applicant is seeking as part of this development proposal. The minimum area requirement for a new lot in the requested zone is 6,000 square feet, whereas the project site measures approximately 33,481 square feet, slightly less than an acre. SECTION 3. The City Council hereby amends the General Plan Land Use Designation of the properties at 9511 Firestone Boulevard and 11104 Pangborn Avenue from General Commercial and Medium Density Residential to Neighborhood Commercial. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this 26th day of April, 2016. ALEX , Mayor RIA M. JIMENE , M City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss` CITY OF DOWNEY ) 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 April 26,2016, by the following vote, to wit: AYES: Council Members NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: