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HomeMy WebLinkAboutResolution No. 18-7833-Approving a Zone Change (PLN-17-00145) to Rezone 10303 Downey Ave & 10221 Downey Ave to R-2 (Two-Family Residential)RESOLUTION OF THE CITY COUNCILOF THE CITY OF DOWNEY APPROVING A ZONE1+1 r TO REZONE PROPERTY LOCATED AT 10303DOWNEY AVENUE AND 10221 DOWNEY AVENUE TO (TWO-FAMILY RESIDENTIAL) WHEREAS, on August 21, 2017, the applicant submitted a request for General Plan Amendments and Zone Changes for 10303 Downey Avenue and 10221 Downey Avenue; and, WHEREAS, on February 27, 2018, staff deemed the request complete; and, WHEREAS, on May 2, 2018, the PlanningCommission conducted a duly noticed public hearing. After fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, the Planning Commission voted to deny the requested application and directed staff to prepare an appropriate resolution; and, WHEREAS, on June 6, 2018, the Commission adopted Resolution No. 18-3056, by a 4- 0-1 vote with Chairman Owens being absent, thereby recommending denial of the General Plan Amendments and Zone Changes to the City Council; and, WHEREAS, on June 28, 2018, notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500 -feet of the project sites in accordance with the requirements of the Downey Municipal Code; and, WHEREAS, the City Council held a duly noticed public hearing onJuly10, 2018, to fully consider all oral and written testimony and facts and opinions regarding the amendment to the Municipal Code; and, WHEREAS, at the aforementioned public hearing, the City Council declined to follow the recommendation of the Planning Commission and, by a;3-1 vote, approved the request to rezone the properties; and, WHEREAS, the City Council finds, determines and declares that after preparing an Initial Study in compliance with the requirements of the California Environmental Quality Act, which found that the project will not have a significant environmental impact. As such the Initial Study/Negative Declaration was circulated for public review from March 29, 2018 to April 18, 2018. Based on its own independent judgment that the facts stated in the initial study are true, the City Council hereby adopts a Negative Declaration of Environmental Impacts; and, WHEREAS, having considered all of the oral and written evidence presented to it at said public hearing, the City Council further finds, determines and declares that: A. The requested zone change is necessary to accommodate the development of the lots for Low Medium Density Residential. The existing zone of both of these sites is incompatible with the General Plan Land Use Designation, and must therefore be changed to allow the future development of the sites. Furthermore, it is in the interest of the public health, safety, and general welfare in that it will provide more housing opportunities for those who cannot currently find housing within the City. B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding areas. The subject sites are currently RESOLUTION NO.18_7833 PAGE 2 developed with single-family residences that are approximately 1,700 square -feet and are adjacent to offices to the north, single-family residences to the west, multiple -family residential to the south, and a mix of single-family and multiple -family to the east. The requested zone change will be compatible and complementary to the existing conditions and adjoining properties in that multiple -family residential currently exists along Downey Avenue. The existing development of the sites is incompatible- as is. Therefore, the zone change will accommodate the development of R-2 development, which would be more compatible with the area and the mix of single-family and multiple -family already existent in the area. C. 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-2 lot is 5,000 square feet. The subject sites both have a lot area of 18,000 square feet. The Applicant plans to merge both lots, which would allow compliance with all the property development standards for the R-2 zone. D. 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 theareaand utilities exist 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 up to fourteen (14) units. Downey Avenue is a fully -improved street. 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. Downey Avenue is fully equipped to handle this increase in trip generation. E. 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 consistent with Policy 1.3.1 wherein the General Plan states in intent is to "minimize or eliminate conflicts where incompatible land uses are in proximity to each other". This zone change would eliminate the incompatibility of two, single-family residences in between multiple -family residential to the south_ and office to the north. In association with the General Plan Amendment to Low Medium Density Residential, the zone change will be compatible with the land use designation of these sites as the requested zone is R-2. RESOLVENOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY • • SECTION __ 1. All the recitals above are true and correct and are incorporated by reference herein. SECTION 2. Based upon the findings set forth in this resolution, the City Council of the City of Downey hereby approves the request to rezone property located at 10303 Downey Avenue and Downey Avenue to R-2. SECTION 3. The City Council is authorized to take any necessary actions to effectuate this approval. SECTION 4. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional. SECTION 5. The City Clerk shall certify to the adoption of this Resolution.. APPROVED AND ADOPTED this 24`h day of July, 2018. SEAN ASHTON, Mayor AAA&L ICIA DUARTE, CMC City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 24th day of July, 2018 by the following vote, to wit: AYES: Council Members: Pacheco, Saab, Vasquez, Rodriguez, Mayor Ashton NOES: Council Member: None. ABSENT: Council Member: None. ABSTAIN: Council Member: None. IA ALICIA DINAR „ CMC City Clerk d 1 V CL V o o r - r c 0 'v� 4® 'c Uli _ CL c CD E 0 m v CL y ®®1® V