HomeMy WebLinkAbout3. Resolution of denial PLN-17-00145Cit ofDowney STAFF REPORT
PLANNING DIVISION
DATE: JUNE 6, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNE
PREPARED BY: MONICA ESPARZA, SENIOR PLANNE
SUBJECT: ADOPTION OF RESOLUTION RECOMME DING DENIAL OF A
NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, AND
ZONE CHANGE (PLN -17-00145)
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 A NEGATIVE DECLARATION, GENERAL PLAN
AMENDMENT, AND ZONE CHANGE (PLN -17-00145), 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
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
10221 & 10303 Downey Avenue — PLN -17-00145
June 6, 2018 - 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 A NEGATIVE DECLARATION, GENERAL PLAN
AMENDMENT, AND ZONE CHANGE (PLN -17-00145), 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 recommend denial of the request; and,
G. On June 6, 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:
Resolution No. 18 -
Downey Planning Commission
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).
SECTION 6. The Secretary shall certify the adoption of this Resolution.
[Signatures on next page]
10221 & 10303 Downey Avenue— PLN -17-00145
June 6, 2018 - Page 2
Resolution No. 18 -
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this 6th day of June, 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 6th day of June,
2018, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
10221 & 10303 Downey Avenue— PLN -17-00145
June 6, 2018 - Page 3