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Home My WebLink About6. PLN-17-00145 - 10303 & 10221 Downey AveSTAFF REPORT PLANNING DIVISION DATE: MAY 16, 2018 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER PREPARED BY: MONICA ESPARZA, SENIOR PLANNER SUBJECT: ADOPTION OF RESOLUTION RECOMMENDING DENIAL OF PLN-17- 00145 (NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, AND ZONE CHANGE) LOCATION: 10221 DOWNEY AVENUE & 10303 DOWNEY AVENUE ZONING: C-P (PROFESSIONAL OFFICE) & R-3 (MULTIPLE-FAMILY RESIDENTIAL) REPORT SUMMARY The Planning Commission conducted a public hearing on a proposed Negative Declaration, General Plan Amendment, and Zone Change. After accepting all written and oral testimony, the Planning commission voted 2-1, to deny the request. As such, staff has prepared the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF DOWNEY DENIAL OF PLN-17-00145 (NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, AND ZONE CHANGE), A REQUEST TO AMEND THE GENERAL PLAN LAND USE DESIGNATION TO LOW-MEDIUM DENSITY RESIDENTIAL AND REZONE TO R-2 (TWO-FAMILY RESIDENTIAL) DISCUSSION On May 2, 2018, the Planning Commission conducted a duly noticed public hearing of the aforementioned project. During public comment, six (6) residents spoke in opposition of the request and one (1) resident spoke in favor of it. As a part of the deliberation, Chairman Owens recused himself due to a perceived conflict of interest. Commissioners Flores and Dominguez expressed concerns regarding high density in the area, parking impacts on La Reina Avenue and that they could not make the finding for General Plan consistency, nor did they feel the zone change was necessary or appropriate at this time. Commissioner Duarte stated that he was supportive of the request and felt that it was consistent with the development in the area and to the east of the site, along Lexington Avenue. At the conclusion of the hearing and following deliberations, Planning Commissioner Flores made a motion to recommend denial of Agenda Page 1 10221& 10303 Downey Avenue – PLN-17-00145 May 16, 2018 - Page 2 the request to City Council. Vice Chairman Dominguez seconded the motion. The motion resulted in a 2-1 vote due to concerns regarding density and inconsistency of the project request from Commissioners Flores and Dominguez. Since the Planning Commission could not make all of the findings in a positive manner,the project shall be denied. Below are the findings that the Planning Commission could not make in a positive manner: 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 amendment is not consistent with all other goals, policies, programs, and land uses. The designation of these properties was deemed Low Density Residential in 2005, as were the single-family residential properties located to the west of the subject sites. The intention of this designation was to support the low-scale, low intensity uses that currently act as a buffer from the commercial uses along Florence Avenue and the high density uses along Downey Avenue and La Reina Avenue. Changing the designation of the subject sites would go against General Plan Program 1.4.2.1, which discourages residential construction not in harmony with the surrounding neighborhood. Zone Change 2. 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 proposed zone change is not necessary for the development of the community and does not further the public health, safety, and general welfare. The property owner of the subject sites is able to continue to develop the site in consistency with the General Plan’s Low Density Designation. Changing the zoning of these properties to the proposed R-2 zone would create higher density in this area, leading to adverse impacts on parking and traffic. EXHIBITS A. Planning Commission Resolution Agenda Page 2 RESOLUTION NO. 18- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF DOWNEY DENIAL OF PLN-17-00145 (NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, AND ZONE CHANGE), A REQUEST TO AMEND THE GENERAL PLAN LAND USE DESIGNATION TO LOW-MEDIUM DENSITY RESIDENTIAL AND REZONE TO R-2 (TWO-FAMILY RESIDENTIAL) 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 August 21, 2017, the applicant submitted a request for a General Plan Amendment to change the land use designation of 10221 Downey Avenue from Low Density Residential to Low Medium Density Residential and a Zone Change to change the zone from C-P (Professional Office) to R-2 (Two-Family Residential); and change the land use designation of 10303 Downey Avenue from Low Density Residential to Low Medium Density Residential and change the zone from R-3 (Multiple-Family Residential) to R-2 (Two-Family Residential); and, B. On February 27, 2018 staff deemed the application complete; and, C. In accordance with the requirements of the California Environmental Quality Act, a notice of the intent to adopt the Negative Declaration was posted at the Los Angeles County Recorder’s Office on March 27, 2018; and, D. On March 29, 2018, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, E. On April 18, 2018, the item was continued, at the Applicant’s request, without public testimony; and, F. The Planning Commission held a duly noticed public hearing on May 2, 2018, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing voted 2-1 to deny the request; and, G. On May 16, 2018, the Planning Commission 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: Agenda Page 3 Resolution No. 18- Downey Planning Commission 10221 & 10303 Downey Avenue– PLN-17-00145 May 16, 2018 - Page 2 A. The proposed amendment is not consistent with all other goals, policies, programs, and land uses. The designation of these properties was deemed Low Density Residential in 2005, as were the single-family residential properties located to the west of the subject sites. The intention of this designation was to support the low-scale, low intensity uses that currently act as a buffer from the commercial uses along Florence Avenue and the high density uses along Downey Avenue and La Reina Avenue. Changing the designation of the subject sites would go against General Plan Program 1.4.2.1, which discourages residential construction not in harmony with the surrounding neighborhood. 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: A. The proposed zone change is not necessary for the development of the community and does not further the public health, safety, and general welfare. The property owner of the subject sites is able to continue to develop the site in consistency with the General Plan’s Low Density Designation. Changing the zoning of these properties to the proposed R-2 zone would create higher density in this area, leading to adverse impacts on parking and traffic. 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 at 10221 Downey Avenue from Low Density Residential to Low Medium Density Residential and deny the request to rezone the same property from C-P (Professional Office) to R-2 (Two-Family Residential); and deny the request to amend the General Plan land use designation at 10303 Downey Avenue from Low Density Residential to Low Medium Density Residential and deny the request to rezone the same property from R-3 (Multiple-Family Residential) to R-2 (Two-Family Residential). [Signatures on next page] Agenda Page 4 Resolution No. 18- Downey Planning Commission 10221 & 10303 Downey Avenue– PLN-17-00145 May 16, 2018 - Page 3 SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of May, 2018. Steven Dominguez, Vice 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 16th day of May, 2018, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 5