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HomeMy WebLinkAboutResolution No. 18-7832-Adopt Negative Declaration & Amend General Plan Land Use Designation (PLN-17-00145) at 10303 Downey & 10221 DowneyA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY T ADOPT A NEGATIVE DECLARATION AND AMEND THE GENERAL PLA LAND USE DESIGNATION (PLN -17-00145) OF PROPERTY LOCATED A 10303 DOWNEY AVENUE AND 11 DOWNEY AVENUE TOLOW-MEDIU DENSITY r 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 Planning Commission 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 -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 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 on July 10, 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 overturned the denial of the Planning Commission by a 3-1 vote in approval of 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 proposed General Plan Amendment is consistent with Policy 1.3.1 of the General Plan which states that the City must "minimize or eliminate conflicts where incompatible land uses are in proximity to each other." The location of the single-family uses on the subject sites is incompatible with the multiple -family residential developments to the south of the sites and the office use to the north. The change from Low Density Residential to Low Medium Density Residential allows for smaller -scale, multiple -family residential development in the area without the mass of Medium Density Residential Land Use Designation. RESOLUTION NO. 18-7832 PAGE 2 B. The proposed General Plan Amendment will not adversely affect the surrounding properties or environment as the area is predominantly improved with higher density, - multiple -family residential buildings. The future development of this property must comply with the standards of the R-2 zone, which have been adopted by the City of Downey, and are intended to be compatible with the area in which it is located. Additionally, 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. C. This land use designation is associated with the R-2 zone, which calls for less density than an R-3 development and a smaller scale development. The future development of these sites will comply with all California Building Codes to protect the surrounding properties. Additionally, it serves the goals and purposes of the General Plan in that Program 1.3.1.2 intends to "promote certain land use designations or land use as buffers between incompatible land uses." The future R-2 would act as a buffer between the office use along Florence Avenue and the R-3 development to the south, while staying in character with the single-family residential units to the west. D. The proposed General Plan Amendment does not conflict with the provisions of this article, nor the City's subdivision ordinance in that it promotes various goals and programs of the General Plan and does not include a request to subdivide. NOW, •;' OF OF DOWNEY ri HEREBY RESOLVE i i 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 amend the General Plan Land Use Designation for properties located at 10221 Downey Avenue and 10303 Downey Avenue from Low Density Residential to Low Medium Density Residential, as outline in Exhibit'A' of this Resolution. SECTION 3. 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 4.. The City Clerk shall certify to the adoption of this Resolution. 'm%ESOLUTION NO. 18-7819 'ffr,AGE 3 APPROVED AND ADOPTED this 24th day o Iy 2018. SEAN ASHTON, Mayor �'-4MAIA OALICIADU�A�TE�,C�� City Clerk I HEREBY CERTIFY that the foregoing Resolution Was adopted by the City Council oi the City of Downey at a regular meeting held on the 24 th 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. MAMA ALICIA DuARTE,f CMC City Clerk RESOLUTION NO.