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HomeMy WebLinkAboutPC Resolution 17-3012RESOLUTION NO. 17-3012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVE A ZONE CHANGE (PLN -16-00295), THEREBY REZONING PROPERTY LOCATED AT 9041 IMPERIAL HIGHWAY FROM C-2 (GENERAL COMMERCIAL) AND P -B (PARKING BUFFER) TO C-2 (GENERAL COMMERCIAL) 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 December 7, 2016, the applicant submitted a request for a Zone Change and Site Plan Review to eliminate the P -B (Parking Buffer) zone on the subject site and to allow the construction of a 11,797 square -foot medical office building. Due to missing information on the project plans, staff deemed the application incomplete; and, B. On January 11, 2017 the applicant submitted the remaining information needed to complete the application. Accordingly, staff deemed the application complete on January 18, 2017; and, C. On January 19, 2017, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on February 1, 2017, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed project has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section 15332 (In -fill Development). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Zone Change, the Planning Commission further finds, determines and declares that: That the zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interest or furtherance of the public health, safety, and general welfare. The subject site has a General Plan Land Use Designation of General Commercial, which is implemented with the C-2 zone. Although portions of the property are currently zoned P -B, the P -B zoning has been phased out of the Zoning Code. This action would bring the entire property into compliance with the General Plan Land Use Designation. Furthermore, this action is in compliance with Program 1.3.2.3 of the General Plan, which states, "Change the zoning of properties where inconsistent with the General Plan Land Use Designation." 2. That the zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The zone change will rezone the entire Resolution No. 17-3012 Downey Planning Commission property to be within the C-2 zone. This is consistent with the other properties along Imperial Highway, which are also in the C-2 zone. Notwithstanding this, the C-2 zone requires a 46' setback from all adjoining residential properties. This additional setback provides protection to said residential properties, thus making the C-2 zone compatible. 3. 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 minimum size requirement for new parcels in the C-2 zone is 10,000 square feet in size; however, the subject parcel comprises 36,805 square feet. Inasmuch as the property exceeds is over three times the minimum required, it has sufficient size to allow C-2 uses to be developed in a manner that will meet the development standards set forth in the code. 4. 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 subject site is located on the north side and accessed via Imperial Highway, which according to the General Plan is a major arterial. This portion of Imperial Highway contains six travel lanes (three in each direction) and has been designed to accommodate traffic generated from the various C-2 properties that front the street. Eliminated the P -B zone on this site will not increase the anticipated traffic generated by new uses since the majority of the parcel is already zoned C-2. 5. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. As noted in the first finding, the subject site has a General Plan Land Use Designation of General Commercial, which is implemented with the C-2 zone. Although portions of the property are currently zoned P- B, the P -B zoning has been phased out of the Zoning Code. This action would bring the entire property into compliance with the General Plan Land Use Designation. 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 of the City of Downey rezone the subject site from C-2 (General Commercial) and P -B (Parking Buffer) to C-2 (General Commercial). SECTION 5. The Secretary shall certify the adoption of this Resolution. [signatures on next page] 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 2 Resolution No. 17-3012 Downey Planning Commission PASSED, APPROVED AND ADOPTED this 1St day of February, !i�Flores, Chairman Planning Commission 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 1St day of February, 2017, by the following vote, to wit: AYES: COMMISSIONERS: Flores, Owens, Dominguez and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN; COMMISSIONERS: Rodriguez Mary Cavanagh, Secretary City Planning Commission 9041 Imperial Highway— PLN -16-00295 February 1, 2017 - Page 3