HomeMy WebLinkAboutPC Reso 18-3055RESOLUTION NO. 18-3055
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY RECOMMENDING THAT THE PLANNING COMMISSION APPROVE
A ZONE TEXT AMENDMENT (PLN -18-00025), THEREBY AMENDING
VARIOUS SECTIONS OF ARTICLE IX OF THE MUNICIPAL CODE
REGARDING DEFINITIONS, VARIOUS ZONE USES, AND PARKING
REGULATIONS.
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 May 3, 2018, notice of the pending zone text amendment was published in the
Downey Patriot as a'/8th page ad in accordance with the requirements of the Downey
Municipal Code; and,
B. The Planning Commission held a duly noticed public hearing on May 16, 2018, 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
requested Zone Text Amendment is not subject to CEQA pursuant to Section 15305 of the
State CEQA Guidelines regarding Minor Alterations in Land Use Limitations, because the
proposed Zone Text Amendment will not result in any changes in land use or density.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
A. The requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and
general welfare. The development of the community is achieved through the
continuous update of the municipal code in an effort to provide adequate land use
regulations where needed. Specific to this application, certain commercial
recreational uses are being introduced (through "Minor Commercial Recreation") to
the C-1 zone because they have now become complimentary and compatible with
adjacent Single-family (R-1), Multi -family (R-2, R-3), and Mixed -Use (M -U) zones. In
addition, the development of the community is further enhanced by this classification
due to the potential for promoting a balance in land uses, discouraging the over -
concentration of specific uses by introducing new uses, serves the need of the
public, and promotes walkability.
The analysis for this classification, proposed regulations, and future entitlement
process ensure that any potential effects in public health, safety, and general welfare
will be mitigated as much as possible.
B. The proposed amendment is in general conformance with the General Plan.
Specifically, the project primarily affects the C-1 zone. The land use designation of
"Neighborhood Commercial", as stated in the General Plan, is used to allow "uses
[that] are intended to serve adjacent neighborhoods and are intended to be located
in 'neighborhood nodes' such as properties adjacent to street intersections." The
Resolution No. 18-3055
Downey Planning Commission
previous statement is synonymous with the intent of the new "Minor Commercial
Recreation" classification. In addition, the following are policies promoted by the
proposed Zone Text Amendment: 1) City Value — To provide excellent housing,
educational, employment, and recreational opportunities; 2)Program 1.1.5.3 —
Promote recreation and entertainment uses that serve needs of the public. The Zone
Text Amendment promotes the above policies (1 & 2) by introducing more
opportunities for recreational businesses to be located near residential
neighborhoods, and ultimately makes these uses more easily accessible to
residents; 3) Program 1.1.4.6 — Concentrate smaller commercial uses in
neighborhood "nodes". Creating a new "Minor Commercial Recreation" use
classification now makes it possible for additional residentially compatible
businesses to be located in these neighborhood "nodes" (areas in close proximity to
street intersections and easily accessible from various neighborhoods); and, 4)
Program 1.3.2.2 — Adjust the codes, policies, and regulations in response to changes
in land use trends. The Zone Text Amendment recognizes a change in current land
uses, and is carried out in an attempt to remain up-to-date with these changes. New
and evolving uses are continuously introduced to the city, and it remains a
responsibility to analyze and determine the viability of these uses in the City of
Downey. Specifically, this application has found that certain "Commercial Recreation"
uses may not pose a nuisance to residential neighborhoods. Rather, the uses found
in the new "Minor Commercial Recreation" classification may be compatible and
complimentary to land uses adjacent to the C-1 zone.
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 revise the following definition to Section 9126 of Article IX of the Downey Municipal
Code to read as follows:
Section 9126. "C" Definitions.
Commercial Recreation: Any use or development, either public or private, providing
amusement, pleasure or sport, diversion, exercises, or other resource affording relaxation and
enjoyment. Typical uses may include, but are not limited to: theaters, sports stadiums and
arenas, amusement parks, bowling alleys, billiard parlors, bingo parlors, golf course, miniature
golf courses, ice/roller skating rinks, model courses, shooting galleries, tennis and racquetball
courts, amusement centers or arcades, dance studios, health and fitness clubs, boxing gyms,
and facilities equipped and used for sports training and conditioning. Excludes adult
entertainment facilities, martial arts facilities, and massage therapy establishments.
SECTION 5. 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 add the following definition to Section 9126 of Article IX of the Downey Municipal Code
to read as follows:
Section 9126. "C" Definitions.
Commercial Recreation, minor: Recreational and instructional uses including, but not limited to,
art, crafts, martial arts, or yoga. Martial arts shall be specific to any of the traditional forms of self-
defense or combat that utilizes physical skill and coordination without weapons, such as, but not
limited to, karate, aikido, judo, tai chi, kung fu, jiu-jitsu, and krav maga. Martial arts excludes
boxing gyms and similar facilities that are equipped and used for training and conditioning.
Zone Text Amendment (Minor Commercial Recreation) - PLN -18-00025
May 16, 2018 - Page 2
Resolution No. 18-3055
Downey Planning Commission
SECTION 6. 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 revise the following definition to Section 9152 of Article IX of the Downey Municipal
Code to read as follows:
Section 9152. "P" Definitions.
Personal Improvement Services: Services or facilities including, but not limited to, music or
photography lessons, driving schools (excludes truck driving schools), and diet centers.
SECTION 7. 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 add the following use to "Table 9.3.5. Commercial Zones Use Regulations" within
Section 9314.04 of Article IX of the Downey Municipal Code:
SECTION 9314.04. COMMERCIAL ZONES USE REGULATIONS.
Notes and Exceptions
General Commercial Uses
Commercial NP C C C Fc -
Minor NP
Recreation
SECTION 8. 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 add the following use to "Table 9.3.7. Mixed -Use Zones Use Regulations" within Section
9316.04 of Article IX of the Downey Municipal Code:
SECTION 9316.04. MIXED-USE ZONE USE REGULATIONS.
SECTION 9. 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 revise the following notes and exceptions to "Table 9.3.9. Manufacturing Zones Use
Regulations" within Section 9318.04 of Article IX of the Downey Municipal Code:
SECTION 9318.04. MANUFACTURING ZONES USE REGULATIONS.
Other Uses
Commercial Recreation
Excludes the following: theaters, sports
stadiums and arenas, amusement parks,
bowling alleys, billiard parlors, bingo parlors,
golf course, miniature golf courses,
amusement centers or arcades, and model
courses.
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May 16, 2018 - Page 3
Resolution No. 18-3055
Downey Planning Commission
SECTION 10. 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 add the following use to "Table 9.3.9. Manufacturing Zones Use Regulations" within
Section 9318.04 of Article IX of the Downey Municipal Code:
Notes . Exceptions
Other Uses
Minor Commercial Recreation NP I NP
SECTION 11. 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 add the following uses to "Table 9.3.13. Mixed -Use Zones Use Regulations" within
Section 9322.04 of Article IX of the Downey Municipal Code:
SECTION 9322.04. OPEN SPACE ZONE USE REGULATIONS.
Minor Commercial Recreation C
SECTION 12. 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 add the following parking requirement to "Table 9.7.3. Nonresidential Parking
Requirements" within Section 9712 of Article IX of the Downey Municipal Code:
SECTION 9712. NONRESIDENTIAL PARKING REQUIREMENTS.
Table 9.7.3. Nonresidential Parking Requirements
RequiredLand Use Type Off -Street
Amusement/Recreational Facilities �T
Minor Commercial Recreation
1 per every 250 square feet of
gross floor area
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Resolution No. 18-3055
Downey Planning Commission
SECTION 13. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 16th day of May, 2018.
Patrick Owens, 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 16=h day of May,
2018, by the following vote, to wit:
AYES:
COMMISSIONERS:
Dominguez,
Duarte, Frometa and Owens
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Flores
ABSTAIN:
COMMISSIONERS:
None
r
Mary Cav nagh, Secretar
City Planning Commission
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