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HomeMy WebLinkAboutPC Resolution 17-3028RESOLUTION NO. 17-3028 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE TIERRA LUNA DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DOWNEY, AND PCCP IRG DOWNEY, LLC AND IRG DOWNEY, LLC TO AMEND GENERAL DEVELOPER COVENANTS FOR COMMERCIAL RETAILERS AND DEVELOPMENT OF A FIRE STATION. 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 November 30, 2003, the City of Downey ("City") sold the property now known as the Promenade at Downey shopping center to PCCP IRG Downey, LLC, and IRG Downey, LLC (collectively "Developer"); and, B. On March 15, 2012 the City and the Developer entered into a Development Agreement for the Promenade at Downey shopping center; and, C. The City and the Developer now wish to amend the terms of the Development Agreement; and, D. On July 20, 2017, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, E. The Planning Commission held a duly noticed public hearing on August 2, 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 No. 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the amendment to the development agreement, the Planning Commission further finds, determines and declares that: The requested amendment to the Development Agreement is consistent with the City's adopted General Plan. The subject site has a General Plan Land Use Designation of Mixed Use, which is intended to provide a variety of uses (retail, office, restaurant, entertainment) within close proximity to each other. Amending the development agreement achieves this goal by allowing the continual growth of the Promenade at Downey shopping center. This amendment will also streamline the review process for new tenants, which is consistent with General Plan Policy 9.4.2, which states, "Streamline the development review process." Resolution No. 17-3028 Downey Planning Commission 2. The requested amendment to the Development Agreement is consistent with the Specific Plan. The development agreement is for the construction and operation of the Promenade at Downey shopping center. While the proposed change streamlines the review process for new businesses that want to operate in the shopping center, it does not alter the permitted uses. Additionally, no changes will occur to building locations, parking requirements, landscaping, or other development standard. 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 approve the amendments to the Development Agreement, which are outlined in Exhibit A. SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 2nd day of AuguV, 2017. Matias Flores, Acting 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 2nd day of August, 2017, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Commissioner Flores, None Owens Rodriguez r n Dominguez and Duarte Mary C vanagh, Secy to City Planning Commissl 11215 Lakewood Blvd. — PLN -15-00182 June I, 2016 - Page 2