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HomeMy WebLinkAboutPC Resolution 16-2999RESOLUTION NO. 16-2999 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING APPROVAL OF PLN -15-00004 (GENERAL PLAN AMENDMENT AND ZONE CHANGE) FOR THE RECLASSIFICATION OF PROPERTY LOCATED AT 10361 FOSTER ROAD FROM LDR (LOW DENSITY RESIDENTIAL) TO MDR (MEDIUM DENSITY RESIDENTIAL) AND REZONING OF SAID PROPERTY FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE -FAMILY RESIDENTIAL) 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. The Applicant filed an application 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 10361 Foster Road from LDR (Low Density Residential) to MDR (Medium Density Residential) and to rezone the property from R-1 (Single -Family Residential) to R-3 (Multiple -Family Residential). B. The Planning Commission conducted a duly -noticed public hearing on July 6, 2016, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 16-2999, 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. The Applicant is requesting approval of a General Plan Amendment to change the land use designation on the property from LDR to MDR. Doing so makes the zone change and the land use designations of the General Plan consistent, because project implementation addresses General Plan policies regarding future population growth (Policy 1.1.2), promoting residential construction that compliments existing neighborhoods (Policy 1.4.2), and home ownership (Policy 1.4.3). B. That the proposed General Plan Amendment will not adversely affect surrounding properties or the surrounding environment. The subject property exists in the southernmost section of Downey, somewhat isolated from the rest of the City It is an irregular-shaped lot that is relatively flat and vacant. A vacant parcel abutting the north end of the subject property is an underdeveloped extension of a Caltrans easement. The San Gabriel River Flood Control Channel, which includes a paved levee that serves as a bicycle trail and a pedestrian path, borders the east side of the property and a Southern California Edison easement with electrical transmission towers exists along the west boundary. The proposed RESOLUTION NO. 16-2999 PAGE 2 General Plan Amendment will make possible the development of the site for condominium purposes and will not adversely affect surrounding properties or the surrounding environment. C. That the proposed General Plan Amendment promotes the public health, safety and general welfare and serves the goals and purposes of this article. Section 9312.02 (a) of the Downey Municipal Code describes the intent and purpose of the City's residential zone regulations. The proposed General Plan Amendment promotes these goals by contributing to the variety of housing types in the City and by contributing to the broad range of housing types available in the City. The General Plan Amendment designates land (the subject property) to accommodate such housing needs, and it maintains the scale of housing in the general vicinity. The proposed General Plan Amendment facilitates adequate light, air, and open space for each dwelling of the proposed project and protects the surrounding neighborhood from incompatible land uses. As a result, the proposed General Plan Amendment promotes the public health, safety, and general welfare and serves the goals and purposes of the Zoning Code. D. That the proposed General Plan Amendment will not conflict with the provisions of this article, including the City's subdivision ordinance. The proposed General Plan Amendment would change the land use designation on the subject property from LDR (Low Density Residential) to MDR (Medium Density Residential). The Applicant also proposes to change the zoning on the property from R-1 (Single -Family Residential) to R-3 (Medium -Density Residential). These actions are consistent with the intent and purpose of the City's residential zone regulations because the change is simply from one type of residential use to another. The R-1 zone seeks to maintain and stabilize the residential character of such areas, whereas the R-3 Zone provides for the development of multiple -family residential living areas compatible with the neighborhood environment and outdoor recreation potential of the community. Such areas are envisioned as being located and designed to be complementary to adjacent uses and at the same time provide suitable space for multiple -family living quarters. The proposed change of zone from R-1 to R-3 allows the subject property to maintain its compatibility with surrounding uses. Project implementation addresses General Plan policies regarding future population growth (Policy 1.1.2), promoting residential construction that compliments existing neighborhoods (Policy 1.4.2), and home ownership (Policy 1.4.3). Therefore, the proposed General Plan Amendment will not conflict with provisions of the Zoning Code. 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 Applicant's proposal to change the zoning of the subject site from R-1 (Single -Family Residential) to R-3 (Medium -Density Residential) addresses General Plan policies regarding future population growth (Policy 1.1.2), promoting residential construction that compliments existing -2- RESOLUTION NO. 16-2999 PAGE 3 neighborhoods (Policy 1.4.2), and home ownership (Policy 1.4.3). The opportunity for new home ownership is in the interest of furthering the public health, safety and general welfare. B. That the requested zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The proposed change of zoning will be compatible to existing conditions even though the subject property has existed as an undeveloped parcel and is adjacent to the Southern California Edison easement and the San Gabriel River Flood Control Channel. Historically, this site has been zoned R-1 (Single -Family Residential), which allows development of the property with a single-family dwelling. If a single dwelling is deemed compatible with the uses that are adjacent to this site, it stands to reason that more intensive residential uses on the subject property would be compatible and complimentary with the surrounding area as well. 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 subject site contains approximately 104,960 square feet of land (2.41 acres), which is sufficient area to subdivide the site for condominium purposes and comply with the standards for residential development as required by Section 9312.08 of the Downey Municipal Code for properties in the R-3 zone. The fourteen (14) condominiums Tentative Parcel Map 72028 proposes, will meet all development standards for the zone. 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. Foster Road is a local collector street that provides vehicular access to the subject site. Very little traffic occurs in this area of the City, because the Edison easement does not generate any traffic and the subject site is vacant. Byron Zinn Park and a self -storage facility located on the south side of Foster Road and in the City of Bellflower do not generate much traffic either. Foster Road is fully improved and capable of carrying the type and quantity of traffic the proposed fourteen condominiums will generate. E. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The proposed change of zoning on the property is in general conformance with the General Plan and General Plan land use designation for the parcel. Program 1.3.1.5 of Downey Vision 2025, the Downey General Plan directs the City to encourage land uses consistent with the area's designation as properties recycle. The subject property is zoned R-1 (Single -Family Residential), which the Applicant proposes to change to another residential designation, R-3 (Medium -Density Residential). The proposed project meets this requirement as it seeks to subdivide the subject property for fourteen (14) condominiums. Said dwelling units will embellish the residential character of the area. The proposed development will also be within the maximum density permitted by the General Plan and the Downey Zoning Code. -3- RESOLUTION NO. 16-2999 PAGE 4 SECTION 4. The Planning Commission, hereby recommends the City Council approve an amendment to the Comprehensive Zoning Map, changing the land use categories of the property at 10361 Foster Road from LDR (Low Density Residential) to MDR (Medium Density Residential), and further, recommends the City Council approve a zone change application to change the zoning of the subject site from R-1 (Single -Family Residential) to R-3 (Medium - Density Residential) APPROVED AND ADOPTED this 5th day of October 2016. ias Flores, Chairman 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 5th day of October, 2016. AYES: COMMISSIONERS: Flores, Rodriguez, Morales, Lujan and Owens NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 1 Mary Cava agh, Secretary City Planning Commission -4- !amok= mm mmmm mmmmmmmmm 11