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HomeMy WebLinkAboutResolution No. 17-7717-Amending Gen. Plan Change Category of 10361 Foster Rd.i is i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDIN THE GENERAL PLAN TO CHANGE THE LAND USE CATEGORY OF PROPERTY • ROAD FROM LOW DENSITY RESIDENTIAL • D r r r r•- r NEGATIV D • WHEREAS, the Applicant filed an application with the City Planning Commission petitioning a recommendation to the City Council of the City of Downey to change the General Plan Land Use designation of the property generally described as 10361 Foster Road, and more specifically identified in the Los Angeles County Assessor's Office as AIN 8051001004,_ 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); and WHEREAS, in accordance with the provisions of the California Environmental Quality Act (CEQA), staff prepared an Initial Study and Negative Declaration that assessed the potential consequences of implementing a condominium development at 10361 Foster Road, in conjunction with the General Plan amendment. Furthermore, staff circulated the environmental documents for public review and comment for 21 days, pursuant to the review period in the City's Guidelines for implementing CEQA. The comment period started on June 10, 2016 and ended on June 30; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 5, 2016, at the conclusion of which the Planning Commission adopted Planning Commission Resolution No. 16 -2999, thereby recommending the City Council approve the General Plan Amendment; and WHEREAS, on April 28, 2017, 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' May 9, 2017, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. RESOLVE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY • • SECTION 1 The City Council finds, determines and declares that after preparing an Initial Study in compliance with the requirements of CEQA, which found that there would be no significant environmental impacts created by the proposed project, a 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. 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 RESOLUTION NO. 17-7717 PAGE 2 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 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. The City Council hereby amends the General Plan land use designation of the of the property generally described as 10361 Foster Road, and more specifically identified in the Los Angeles County Assessor's Office as AIN 8051001004), from Low - Density Residential (LDR) to Medium - Density Residential (MDR). RESOLUTION NO. PAGE 3 SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. APPROVED AND ADOPTED this 9th day of M , 2017" FEEL O VASQUEZ, Mayor 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 9th day of May, 2017 by the following vote, to wit: