HomeMy WebLinkAbout1. PLN-17-00040 10221 Downey Ave.STAFF REPORT
PLANNING DIVISION
DATE: JUNE 21, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER
PREPARED BY: MONICA ESPARZA, ASSOCIATE PLANNER
SUBJECT: PLN-17-00040 (GENERAL PLAN AMENDMENT AND ZONE CHANGE) –
A REQUEST TO AMEND THE GENERAL PLAN LAND USE
DESIGNATION FROM LDR (LOW DENSITY RESIDENTIAL) TO MDR
(MEDIUM DENSITY RESIDENTIAL) AND TO REZONE PROPERTY
FROM C-P (PROFESSIONAL OFFICE) TO R-3 (MULTIPLE-FAMILY
RESIDENTIAL)
LOCATION: 10221 DOWNEY AVENUE
ZONING: C-P (PROFESSIONAL OFFICE)
REPORT SUMMARY
Don Jervis, (hereinafter referred to as “the Applicant’) is requesting a General Plan Amendment
and Zone Change to amend the current land use designation from LDR (Low Density
Residential) to MDR (Medium Density Residential) and rezone the property from its current
zone designation of C-P (Professional Office) to R-3 (Multiple-Family Residential). Pursuant to
Code Section 9834, all General Plan Amendment and Zone Change requests must obtain
approval by the Planning Commission and the City Council. Based on the analysis contained in
this report, the proposed requests do not meet the findings required for approval. Staff
recommends that the Planning Commission adopt the following titled resolution, recommending
denial of the requests to the City Council:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING DENIAL TO THE CITY COUNCIL OF THE CITY
OF DOWNEY OF A GENERAL PLAN AMENDMENT AND ZONE CHANGE
(PLN-17-00040), ON PROPERTY LOCATED AT 10221 DOWNEY AVENUE
WITH A LAND USE DESIGNATION OF LDR (LOW DENSITY RESIDENTIAL)
AND ZONED C-P (PROFESSIONAL OFFICE).
BACKGROUND
The subject site is located on the west side of Downey Avenue, south of Florence Avenue, and
north of Lexington Road. The property has an area of 18,000 square feet and is improved with a
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one-story, single-family residence that is approximately 1,700 square feet in size and was built
in 1952. The current General Plan land use designation and zoning for the subject site is LDR
(Low Density Residential) and C-P (Professional Office), respectively. The surrounding uses
include a one-story, single-family residence directly adjacent to and south of the subject site, an
office building directly north of the site, one-story, single-family residences to the rear and west
of the site, and single-family residences to the east of Downey Avenue, along Lexington Road.
Along the west side of Downey Avenue to the subject site, just south of Florence Avenue, there
are multiple-family residential developments in the form of apartments and condominiums.
There are also two condominium complexes located on the southeast corner of Downey Avenue
and Lexington Road. The zoning and land use designations for the surrounding properties are
as follows:
General Plan, Zoning and Existing Land Use
General Plan Zoning Existing Use
Subject
Site
Low Density Residential C-P Single-Family Residential
North Office C-P Office
South Low Density Residential R-3 Single-Family Residential
East Low Medium Density
Residential
R-1 10,000 Single-Family Residential
West Low Density Residential R-3 Single-Family Residential
Project site as viewed from Downey Avenue
On July 10, 2001, the City Council adopted Ordinance No. 6496 approving a General Plan
Amendment to amend the Land Use Designation of the subject site from Low Density
Residential to Office. Thereafter, on July 24, 2001, the City Council adopted Ordinance No.
1105 approving the zone change of the subject site from R-3 (Multiple-Family Residential) to C-
P (Professional Office). On January 25, 2005, the 2025 General Plan was adopted. In this
update, the subject site was re-evaluated and returned to a Low Density Residential Land Use
Designation.
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On March 15, 2017, the applicant submitted a request for a General Plan Amendment and Zone
Change to amend the General Plan land use designation from LDR (Low Density Residential) to
MDR (Medium Density Residential) and to rezone the property from C-P (Professional Office) to
R-3 (Multiple-family Residential). In accordance with State law, Staff reviewed the application for
completeness within 30 days. On April 5, 2017, Staff deemed the application complete. In
accordance with California State Law, the notice of the pending public hearing was published in
the Downey Patriot and mailed to all property owners within 500’ of the subject site on May 4,
2017. At the request of the Applicant, on May 17, 2017, the Planning Commission continued the
hearing to June 21, 2017, without taking any public testimony.
DISCUSSION
The applicant is the property owner of the subject site, as well as the property directly south of
the subject site (hereinafter referred to as “10303 Downey Avenue”), which is currently zoned R-
3, but has a land use designation of LDR. If the requests for a General Plan Amendment and
Zone Change are granted for the subject site, the applicant intends to merge these two lots and
develop the site with multiple-family residential. Plans for the development of these two lots
have not been submitted and are not a part of this request. The submitted application is solely
to request a General Plan Amendment and Zone Change for the subject site. Should the
requests for a General Plan Amendment and Zone Change be approved by the Planning
Commission and the City Council, the applicant will be required to obtain approval by the
Planning Commission of a Site Plan Review for the future development of both sites1.
Pursuant to the City’s Development Standards for R-3 lots, the size of the subject site would
allow for the development of nine (9) units with the maximum lot coverage of 50% and a
maximum building height of 35 feet or 3 stories, whichever is less. The aggregate total for both
of these lots (the subject site and 10303 Downey Avenue) is approximately 36,000 square feet,
as 10303 Downey Avenue also has a lot size of approximately 18,000 square feet. As such, the
Applicant could construct nineteen (19), three-story dwelling units, in comparison to the two (2),
single-story dwelling units that exist in that area today. The development of these sites would
include landscaping, two-car, enclosed parking for the residents and 0.5 spaces per unit for
guest parking.
General Plan Amendment
According to State Law, the General Plan serves as a guide to the long-term physical
development and growth of a community in 20 to 30 year increments. The plan identifies issues
confronting the community and outlines the long-term goals to address them with policies and
programs as steps to accomplish the goals of the plan. Since land use decisions, zoning
regulations, and other policies by the City are required to be consistent with the General Plan, it
is imperative that the General Plan be updated to reflect the changing concerns and needs of
the community. The City of Downey’s General Plan was first adopted in 1963 and was updated
in 1973, and in 1992. The current General Plan, Downey Vision 2025 was adopted in 2005.
During this latest update, 16 areas of the City underwent a change in Land Use Designation.
The subject site is located in Area 7; the land use designation was changed from Office to Low
Density Residential. As stated above, the current use of the property is single-family residential
1 It is important to note that although 10303 Downey Avenue is currently zoned R-3, a General
Plan Amendment would first need to be obtained in order to develop this neighboring site for
multiple-family residential, as that site also has a General Plan land use designation of LDR.
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in that the property is improved with one dwelling unit. This is consistent with the General Plan
Land Use Designation as illustrated in the map Figure 1.
Figure 1
Existing General Plan Land Use Designation Map
The request to amend this designation from LDR to MDR would create a gap in the flow of the
LDR land use designation, as the property to the south of the subject site also has a land use
designation of LDR. Furthermore, it is the goal and objective of the City of Downey that these
areas remain, and continue to be developed for low density residential uses. Pursuant to Code
Section 9834, approval of a General Plan Amendment requires the City Council to make four (4)
findings regarding consistency, adverse effects, public health, safety and welfare, and conflicts.
It is the opinion of Staff that the proposed request does not meet these four findings. Therefore,
any change to the Land Use Designation would be inconsistent with the goals and objectives of
the General Plan, and in extension, the goals and objectives for development in the City of
Downey.
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Figure 2, pictured below, is an example of the impact that a General Plan amendment would
create if the Applicant’s request were to be approved. An amendment to the Land Use
Designation of this site would create a gap in the LDR land use designation of this area.
Figure 2
Proposed General Plan Land Use Designation
Additionally, Chapter 6 of the City of Downey’s 2014-2021 Housing Element identified housing
opportunities throughout the City. This site was not identified as a site that could be used for an
increase in densities.
Zone Change
The Downey Municipal Code implements the objectives of the General Plan by adopting
regulations that seek to accomplish the goals of the General Plan. As such, the zoning
designations that are outlined in the Municipal Code and shown in the Zoning Map must be
consistent with the General Plan Land Use Designation. According to the General Plan, the
LDR designation is implemented when a property is zoned R-1 – Single-Family Residential.
Based on the adjacent lot sizes and zoning, the objective for the subject site, from the General
Plan, is to rezone the site from C-P to R-1 10,000 (Single-Family Residential with a minimum lot
size of 10,000 square feet) to allow for the continued use of a single-family residence. In
addition, being that the subject site is zoned C-P and is developed with a single-family
residence, it is currently a nonconforming use, pursuant to D.M.C. Section 9314 wherein it
states that residential uses are not allowed in any commercial zones. Therefore, the site is
subject to the City’s nonconforming use ordinance.
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As stated earlier, the Applicant is requesting to change the zoning of this property from C-P to
R-3 in order to develop multiple-family residences on both the subject site and the lot south of
the subject site. If the Planning Commission and the City Council approved this zone change,
assuming a General Plan Amendment was also approved, based on the lot size, the Downey
Municipal Code allows for the development of nineteen (19), three-story dwelling units, in
comparison to the two (2), single-story dwelling units that exist in that area today. The addition
of 17 dwelling units in this area would increase traffic on Downey Avenue and the amount of
traffic generated from Downey Avenue. There would be an increase in noise impacts to the
area, and in relation to the single-family residence to the south of the subject site, could create
an unpleasing aesthetic impact to the streetscape.
Notwithstanding, the site is zoned C-P, which does not allow for residential developments. As a
result, the site is subject to the provisions of the City’s nonconforming use ordinance which
dictates that the existing residence must be rezoned to R-1 in order for any new physical
changes to occur on the site. Unlike the Applicant’s current request, a change in the zone to R-1
would be consistent with the General Plan.
As previously noted in this report, the applicant is requesting to change the General Plan land
use designation from LDR to MDR, which is implemented by the R-3 zone. A Zone Change to
the subject property would be contingent on the approval of a General Plan Amendment;
however, as stated below, the findings for approval cannot be made for a General Plan
Amendment. Additionally, pursuant to Code Section 9830, approval of a Zone Change must be
made by the Planning Commission and the City Council based on five (5) findings. The
proposed request to rezone the property as R-3 meets only finding #3, as listed below.
Therefore, since all the findings required for approval cannot be made, approval of the Zone
Change is not recommended as it would be inconsistent with the current General Plan land use
designation and would not accomplish the development goals in the City of Downey for that
area.
DEVELOPMENT REVIEW COMMITTEE
The City’s Development Review Committee did not review this request as no development is
proposed in association with this application.
ENVIRONMENTAL ANALYSIS
In accordance with the provisions of the California Environmental Quality Act (CEQA), Staff has
determined that this project is exempt from CEQA pursuant to Article 5, Section 15061(b)(4)
wherein it states that a project is exempt from CEQA review when the project will be rejected or
disapproved by a public agency. If it is the desire of the Planning Commission to approve the
request, Staff will need to re-evaluate the request for compliance with CEQA and prepare the
required environmental documentation.
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FINDINGS
General Plan Amendment
1. 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 proposed General Plan Amendment is inconsistent with Goal 1.1, Policy 1.1.1, and
Program 1.1.1.1 wherein it states that the City should discourage the over-concentration
of a particular land use that will preclude the establishment of other uses needed to
serve the community. The area to the south of the subject property is predominantly
MDR. The current LDR designation creates a break from the MDR land use designation
and a transitional buffer into the Office designation along Florence Avenue. Amending
the land use designation would create an isolated parcel with an MDR designation that
will, in turn, create an over-concentration of multiple-family residential uses.
2. That the proposed General Plan Amendment will not adversely affect surrounding
properties or the surrounding environment.
The proposed General Plan Amendment would adversely affect the surrounding
properties and environment by drastically changing the allowed development on the site.
Currently, the site is designated for low density residential and the adjacent properties
have an existing use of single family residences. By amending the General Plan to
designate this property as MDR, this property would then be allowed to develop an
additional eight (8) units on the lot which will not only intensify the use, but an MDR use
will generate traffic, impact the existing single-story profile of the area, and create an
inconsistency between the adjacent single family residence to the south of the site, as
well as to the residences to the west of the site.
3. That the proposed General Plan Amendment promotes the public health, safety,
and general welfare and serves the goals and purposes of this article.
The proposed General Plan Amendment does not promote the public health, safety, and
general welfare and does not serve goals of the General Plan in that the goals of
assigning land use designations is to provide a balance of land uses to serve the public
needs. The General Plan states that, “the under-concentration of certain uses creates
impacts by not meeting resident demands and creating longer travel to meet this
demand, while over-concentration of land uses has a potentially negative effect by
utilizing properties that would otherwise be used for other uses needed to serve the
community.” In this case, an amendment of the General Plan land use designation would
create an under-concentration of single-family residential on Downey Avenue within an
area that is already significantly developed by multiple-family dwelling units.
4. That the proposed General Plan Amendment will not conflict with provisions of
this article, including the City’s subdivision ordinance.
The proposed General Plan Amendment conflicts with the provisions of this article in that
Policy 1.3.1. is to minimize or eliminate conflicts where incompatible land uses are in
proximity to each other. Furthermore, the General Plan seeks to discourage the
establishment of incompatible land uses in proximity, promote certain land use
designations or land uses as buffers between incompatible land uses, and encourage
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land uses consistent with the area’s designation as properties recycle. The proposed
General Plan Amendment would directly conflict with these goals because the proposed
request to designate the subject property from LDR to MDR would eliminate the buffer
between the existing MDR and Office designations and would allow for an incompatible
use that is directly adjacent to single-family residences.
Zone Change
1. 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 requested zone change is not necessary and desirable for the development of the
community, nor is it in harmony with the objectives of the General Plan in that the current
General Plan land use designation is LDR (Low Density Residential) and the proposed
zone change would require a land use designation of MDR (Medium Density
Residential). The R-3 zone allows for development of multiple-family residential units,
which is in direct conflict with the goals of the General Plan.
2. That the zone change will be compatible and complementary to existing
conditions and adjoining property in the surrounding area.
The subject site is currently developed with a single-family residence that is
approximately 1,700 square-feet and is directly adjacent to single-family residences to
the west, south, and east. The north of the site is improved with an office building. The
requested zone change would be incompatible to the existing conditions of the property
and the surrounding area because it would allow for the development of a nine-unit
multiple-family residence, in place of the existing single-family residence. This would
visually impact the surrounding single-family houses and increase traffic and noise along
Downey Avenue.
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.
Although no development is proposed at this time, pursuant to Code Section 9312.08,
the minimum size of an R-3 lot is 10,000 square feet. The subject site has a lot area of
18,000 square feet. With a lot width of 90 feet and a lot depth of 200 feet, the
development of the lot can comply with all property development standards for an R-3
lot.
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 west side of Downey Avenue, south of Florence and
north of Lexington Road. The approval of this zone change would allow the construction
of nine units. Although these streets are fully improved with utilities, the rezoning of the
property from C-P to R-3 would generate higher traffic, more street parking, and a higher
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usage of utilities in the area. A traffic study would need to be conducted to determine
how many additional trips would be generated from a multiple-family use on this site,
however, according to the Institute of Transportation Engineers, an average of 6.5 trips
are generated per dwelling unit, in apartment complexes where 50% are entering and
50% are exiting on any given day. (Trip Generation, 9th edition; Institute of
Transportation Engineers)
5. That the proposed zone change is in general conformance with the General Plan
and General Plan land use designation for the parcel.
The proposed zone change is inconsistent with the goals and policies of the General
Plan. Furthermore, the subject site has a land use designation of LDR. The
corresponding zoning district for this land use is R-1; whereas, the applicant is proposing
to increase density to the area and rezone the property to R-3. Approval of a zone
change for the subject site is contingent upon the approval of a General Plan
amendment. Since none of the findings for the General Plan amendment can be made,
approval of the zone change would be inconsistent with the LDR land use designation.
CORRESPONDENCE
On May 16, 2017, Staff received correspondence from residents who live across the street from
the subject site. Their concern is that additional development in the area would worsen existing
issues of on-street parking impacts and have a negative impact on resident’s quality of life. This
letter is consistent with Staff’s concerns, as outlined in this report, in that another R-3
development in this area would exacerbate the existing issues of on-street parking in this area.
This letter is attached in Exhibit D.
CONCLUSION
The Applicant’s request is to amend the General Plan land use designation and to rezone the
subject property from LDR to MDR and from C-P to R-3, respectively. In order to approve this
request, the Planning Commission and the City Council must adopt all four findings for the
General Plan amendment and all five findings for the Zone Change. Based on the analysis
contained in this report, staff concludes that none of the General Plan findings can be made and
that only one finding for the Zone Change can be made. Additionally, development of the site for
multiple-family residential would be in conflict with the goals and policies set forth in the City’s
General Plan (Vision 2025). As such, staff recommends that the Planning Commission adopt
the attached Resolution thereby recommending denial to the City Council of the General Plan
Amendment and Zone Change of the subject property, as the findings for approval cannot be
made.
EXHIBITS
A. Maps
B. Planning Commission Resolution
C. ‘Vision 2025’ General Plan Study Area Map
D. Correspondence
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Exhibit ‘A’ – Maps
Aerial Photograp
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Existing General Plan Land Use Designation Map
Existing Zoning Map
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Proposed General Plan Land Use Designation
Proposed Zoning Map
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RESOLUTION NO. 17-
PLN-17-00040 (GENERAL PLAN AMENDMENT AND ZONE CHANGE) – A
REQUEST TO AMEND THE GENERAL PLAN LAND USE DESIGNATION
FROM LDR (LOW DENSITY RESIDENTIAL) TO MDR (MEDIUM DENSITY
RESIDENTIAL) AND TO REZONE PROPERTY FROM C-P (PROFESSIONAL
OFFICE) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) AT PROPERTY
LOCATED AT 10221 DOWNEY AVENUE
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 March 15, 2017, the applicant submitted a request for a General Plan Amendment to
change the land use designation from LDR Low Density Residential) to MDR (Medium
Density Residential) and a Zone Change to change the zone from C-P (Professional
Office) to R-3 (Multiple-Family Residential) on property located on 10221 Downey
Avenue; and,
B. On April 5, 2017 staff deemed the application complete; and,
C. On May 4, 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 continued the public hearing on May 17, 2017 to June 21,
2017, without accepting public testimony; and,
E. The Planning Commission held a duly noticed public hearing on June 21, 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 exempt from CEQA
pursuant to Article 5, Section 15061(b)(4) wherein it states that a project is exempt from CEQA
review when the project will be rejected or disapproved by a public agency.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the General Plan Amendment, the Planning Commission further
finds, determines and declares that:
1) The proposed General Plan Amendment is inconsistent with all other goals, policies,
programs, and land uses of applicable elements of the General Plan. Specifically, the
proposed amendment is inconsistent with Goal 1.1, Policy 1.1.1, and Program 1.1.1.1
wherein it states that the City should discourage the over-concentration of a particular
land use that will preclude the establishment of other uses needed to serve the
community. The area to the south of the subject property is predominantly MDR. The
current LDR designation creates a break from the MDR land use designation and a
transitional buffer into the Office designation along Florence Avenue. Amending the land
Agenda Page 13
Resolution No. 17-
Downey Planning Commission
10221 Downey Avenue– PLN-17-00040
June 21, 2017 - Page 2
use designation would create an isolated parcel with an MDR designation that will, in
turn, create an over-concentration of multiple-family residential uses.
2) The proposed General Plan Amendment would adversely affect the surrounding
properties and the surrounding environment by drastically changing the allowed
development on the site. Currently, the site is designated for low density residential and
the adjacent properties have an existing use of single family residences. By amending
the General Plan to designate this property as MDR, this property would then be allowed
to develop an additional eight (8) units on the lot which will not only intensify the use, but
an MDR use will generate traffic, impact the existing single-story profile of the area, and
create an inconsistency between the adjacent single family residence to the south of the
site, as well as to the residences to the west of the site.
3) The proposed General Plan Amendment does not promote the public health, safety, and
general welfare and does not serve goals and purposes of the General Plan of this
article in that the goals of assigning land use designations is to provide a balance of
land uses to serve the public needs. The General Plan states that, “the under-
concentration of certain uses creates impacts by not meeting resident demands and
creating longer travel to meet this demand, while over-concentration of land uses has a
potentially negative effect by utilizing properties that would otherwise be used for other
uses needed to serve the community.” In this case, an amendment of the General Plan
land use designation would create an under-concentration of single-family residential on
Downey Avenue within an area that is already significantly developed by multiple-family
dwelling units.
4) The proposed General Plan Amendment conflicts with the provisions of this article,
including the City’s subdivision ordinance in that Policy 1.3.1. is to minimize or eliminate
conflicts where incompatible land uses are in proximity to each other. Furthermore, the
General Plan seeks to discourage the establishment of incompatible land uses in
proximity, promote certain land use designations or land uses as buffers between
incompatible land uses, and encourage land uses consistent with the area’s designation
as properties recycle. The proposed General Plan Amendment would directly conflict
with these goals because the proposed request to designate the subject property from
LDR to MDR would eliminate the buffer between the existing MDR and Office
designations and would allow for an incompatible use that is directly adjacent to single-
family residences.
SECTION 4. 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:
1) The requested zone change is not necessary and desirable for the development of the
community, nor is it in harmony with the objectives of the General Plan and this chapter
nor is it in the interest or furtherance of the public health, safety, and general welfare in
that the current General Plan land use designation is LDR (Low Density Residential) and
the proposed zone change would require a land use designation of MDR (Medium
Density Residential). The R-3 zone allows for development of multiple-family residential
units, which is in direct conflict with the goals of the General Plan.
2) The zone change will not be compatible and complementary to existing conditions and
adjoining property in the surrounding areas. The subject site is currently developed with
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Resolution No. 17-
Downey Planning Commission
10221 Downey Avenue– PLN-17-00040
June 21, 2017 - Page 3
a single-family residence that is approximately 1,700 square-feet and is directly adjacent
to single-family residences to the west, south, and east. The north of the site is improved
with an office building. The requested zone change would be incompatible to the existing
conditions of the property and the surrounding area because it would allow for the
development of a nine-unit multiple-family residence, in place of the existing single-
family residence. This would visually impact the surrounding single-family houses and
increase traffic and noise along Downey Avenue.
3) 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. Although
no development is proposed at this time, pursuant to Code Section 9312.08, the
minimum size of an R-3 lot is 10,000 square feet. The subject site has a lot area of
18,000 square feet. With a lot width of 90 feet and a lot depth of 200 feet, the
development of the lot can comply with all property development standards for an R-3
lot.
4) 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 utilities
exist which will adequately serve the property as rezoned. However, the subject site is
located on the west side of Downey Avenue, south of Florence and north of Lexington
Road. The approval of this zone change would allow the construction of nine units.
Although these streets are fully improved with utilities, the rezoning of the property from
C-P to R-3 would generate higher traffic, more street parking, and a higher usage of
utilities in the area. A traffic study would need to be conducted to determine how many
additional trips would be generated from a multiple-family use on this site, however,
according to the Institute of Transportation Engineers, an average of 6.5 trips are
generated per dwelling unit, in apartment complexes where 50% are entering and 50%
are exiting on any given day. (Trip Generation, 9th edition; Institute of Transportation
Engineers)
5) The proposed zone change is not in general conformance with the General Plan and
General Plan land use designation for the parcel. The proposed zone change is
inconsistent with the goals and policies of the General Plan. Furthermore, the subject
site has a land use designation of LDR. The corresponding zoning district for this land
use is R-1; whereas, the applicant is proposing to increase density to the area and
rezone the property to R-3. Approval of a zone change for the subject site is contingent
upon the approval of a General Plan amendment. Since none of the findings for the
General Plan amendment can be made, approval of the zone change would be
inconsistent with the LDR land use designation.
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this resolution,
the Planning Commission of the City of Downey hereby recommends that the City Council of the
City of Downey deny the request to amend the General Plan land use designation from LDR
(Low Density Residential) to MDR (Medium Density Residential) and deny the request to rezone
the subject site from C-P (Professional Office) to R-3 (Multiple-Family Residential).
Agenda Page 15
Resolution No. 17-
Downey Planning Commission
10221 Downey Avenue– PLN-17-00040
June 21, 2017 - Page 4
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 21st day of June, 2017.
Jim Rodriguez, Chairman
City Planning Commission
I 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 21st day of June,
2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 16
10221 Downey Avenue – PLN-17-00040
June 21, 2017 - Page 13
Exhibit ‘C’ – ‘Vision 2025’ General Plan Study Area Map
Agenda Page 17
10221 Downey Avenue – PLN-17-00040
June 21, 2017 - Page 14
Exhibit ‘D’ – Correspondence
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Agenda Page 18
Agenda Page 19