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HomeMy WebLinkAboutPC Resolution 16-2964RESOLUTION NO. 16 -2964 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE AN AMENDMENT TO THE GENERAL PLAN BY CHANGING THE LAND USE CATEGORIES OF THE PROPERTIES AT 9551 FIRESTONE BOULEVARD AND 11104 PANGBORN AVENUE FROM GENERAL COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL, AND RECOMMENDING THE CITY COUNCIL APPROVE A ZONE CHANGE APPLICATION TO CHANGE THE ZONING OF THE SOUTHERLY FIFTY TWO FEET OF THE PROPERTY AT 9511 FIRESTONE BOULEVARD AND THE ADJOINING PROPERTY AT 11104 PANGBORN AVENUE FROM PARKING BUFFER TO NEIGHBORHOOD COMMERCIAL AND ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE ZONE CHANGE APPLICATION 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. Gabriela Marks, filed an 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 to rezone the property from being dual zoned as P -B (Parking Buffer and C -1 (Neighborhood - Commercial) to the entire property being zoned C- 1 (Neighborhood Commercial). B. The Planning Commission conducted a duly- noticed public hearing on March 16, 2016, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 2964, recommending approval to the City Council. 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, however. Specifically, the site is RESOLUTION NO. 16 -2964 PAGE 2 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 33,000 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. 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 _2_ RESOLUTION NO. 16 -2964 PAGE 3 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. In consideration of the zone change, Planning Commission further finds, determines and declares that: A. That the requested zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and Chapter 1, Zoning, of Article IX, Land Use, of the Downey Municipal Code and is in the interests or furtherance of the public health, safety and general welfare. The requested C -1 zone is in harmony with the General Plan since it is consistent with it and will implement several provisions of the plan. Specifically, the C -1 zone is the classification that is the equivalent or conforms to the Neighborhood Commercial General Plan category proposed for affected property. It is designed through its development standards and list of permitted uses to implement the goals and policies of the site's General Plan category. Additionally, adopting the proposed zoning will implement General Plan Policy No. 1.3.2.3., which directs the City to "Change the zoning of properties where inconsistent with the General Plan land use designation ". Other General Plan provisions that the C -1 zone will implement include Land Use Chapter Policy 1.1.4, which encourages the City to provide an appropriate amount of land area for people to provide goods and services and Economic Development Chapter Goal 9.1: Attract and Retain Businesses. B. That the requested zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. Properties on Firestone Boulevard and Pangborn Avenue in the vicinity of the project site support a variety of uses including various retail stores, a fast -food restaurant, a private elementary school, apartment complexes, and a single - family neighborhood. Other retail businesses (including a carpet store and a tile store) have occupied the subject site since 1953. The requested zone change will permit the development of a fast food restaurant with a drive -thru lane that will be very similar to the fast food business across the street. In addition, a new project will be subject to the City's design review process that will provide for an attractive project that complements the area. 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 property under consideration is more than adequate in size to successfully accommodate the permitted uses and development standards of the requested C -1 zone. It totals 33,481 square feet, compared to -3- RESOLUTION NO. 16 -2964 PAGE 4 6,000 square feet, which is the minimum lot size. It also exceeds the minimum dimension lot width and lot depth requirements of the proposed zone. The property measures approximately 109 feet by 300 feet. By comparison, the minimum width is 60 feet and the minimum lot depth for properties in the C -1 zone is 100 feet. 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. The project site occupies the northeast corner of the Firestone Boulevard /Pangborn Avenue intersection, where the two streets meet forming a stop sign controlled," T% intersection. Both streets provide access to the project site. The General Plan's Circulation Chapter classifies Firestone Boulevard as a "Major Arterial." A "Major Arterial ", according to the Circulation Chapter, is intended to serve as a through route for traffic crossing the city, and provide access to the freeway system. Firestone Boulevard is Downey's primary east/west retail commercial corridor and it essentially halves the community. The section of Firestone next to the site is 106 feet wide and is composed of three travel lanes in each direction, a raised landscaped median, and 10 -foot wide sidewalks. It carries about 37,500 vehicles daily, which is less than the roadway's capacity (approximately 54,000 vehicles per day). The posted speed on Firestone Boulevard is 40 miles per hour and on- street parking is prohibited to maximize the street's capacity. Pangborn Avenue, by contrast, is classified as a "Collector Street" in the Circulation Chapter. It consists of one travel lane in each direction, while providing curbside parking on both sides of the street. "Collector" streets are designed to link local streets to both arterial roads and the regional roadway network, according to the General Plan. Pangborn Avenue is the only north /south street between Woodruff Avenue and the City's easterly boundary that stretches uninterrupted from Firestone Boulevard north to Florence Avenue. As such, it serves as the collector street for the intersecting east/west residential streets. Recent traffic counts indicate Pangborn Avenue carries about 5,770 vehicles per day, which is also less than its capacity: 8,000 vehicles per day. E. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel . Currently, the General Plan land use designations for the subject property are General Commercial and Medium Density Residential. The proposed C -1 zone is consistent with the Neighborhood Commercial General Plan designation proposed for the affected property. SECTION 4. The Planning Commission further finds, determines and declares that: A. An Initial Study and proposed Mitigated Negative Declaration were prepared for the proposed General Plan Amendment and Zone Change, in accordance with the provisions of the California Environmental Quality Act (CEQA), state CEQA guidelines, and the City of Downey's Procedures for Implementing CEQA. -4- RESOLUTION NO. 16 -2964 PAGE 5 B. That the Initial Study and proposed Mitigated Negative Declaration were made available to the public for review and comment from November 26, 2015 and ended on December 17, 2015. C. A public hearing was held by the Planning Commission of the City of Downey on March 16, 2015, at which time evidence was heard on the Initial Study and proposed Mitigated Negative Declaration. At the hearing, the Planning Commission fully reviewed and carefully considered the environmental documents, together with any comments received during the public review period. D. The Planning Commission hereby recommends the City Council of the City of Downey adopt the proposed Mitigated Negative Declaration prepared for the General Plan Amendment and Zone Change, along with its findings and conclusions. SECTION 5. The Planning Commission, hereby recommends the City Council approve an amendment to the Comprehensive Zoning Map, changing the land use categories of the properties at 9551 Firestone Boulevard and 11104 Pangborn Avenue from General Commercial and Medium Density Residential to Neighborhood Commercial, and further recommends the City Council approve a zone change application to change the zoning of the southerly fifty two feet of the property at 9511 Firestone Boulevard and the adjoining property at 11104 Pangborn Avenue from Parking Buffer to Neighborhood Commercial, as outlined in Exhibit A APPROVED AND ADOPTED this 16th day of March 2016 City Planning Commission I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Planning Commission of the City of Downey at a meeting held on the 16th day of March, 2016. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Morales, Lujan, None None None Mary Ca anagh, Secreta City Pla ning Commission Owens, Rodriguez, and Flores I&M RESOLUTION NO. 16 -_2964 PAGE 6 EXHIBIT "A" GENERAL PLAN (EXISTING) GENERAL PLAN (PROPOSED) RESOLUTION NO. 16 -2964 PAGE 7 ZONING (EXISTING) ZONING (PROPOSED)