HomeMy WebLinkAboutPC Reso 19-3097RESOLUTION NO. 19-3097
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THE CITY COUNCIL APPROVE A ZONE CHANGE (PLN -18-
00191), THEREBY REZONING PROPERTY LOCATED AT 13034 DOWNEY AVENUE
FROM P -B (PARKING BUFFER) AND C-2 (GENERAL COMMERCIAL) TO C-1
(NEIGHBORHOOD COMMERCIAL)
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 December 18, 2018, the applicant filed a request for Site Plan Review,
Conditional Use Permit, and a Zone Change (PLN -18-00191) to demolish an existing
building associated with a vehicle sales business and construct a new 2,800 square -foot,
18'8" high convenience store and operate with an ABC Type 20 (Off -Sale Beer & Wine)
license and a change of zone from P -B (Parking Buffer) to C-2 (General Commercial);
and,
B. On January 17, 2019, the applicant was issued a letter deeming the application
incomplete. On March 24, 2019 the applicant submitted the final information needed to
complete the application accordingly and the zone change application was modified to
request a change of zone from P -B (Parking Buffer) and C-2 (General Commercial) to C-
1 (Neighborhood Commercial). On May 24, 2019, the application was deemed complete;
and,
C. On June 6, 2019, a notice of the public hearing was sent to all property owners
within 500' of the subject site and the notice was published in Downey Patriot; and,
D. The Planning Commission held a duly noticed public hearing on June 19, 2019,
and after fully considering all oral and written testimony, facts, and opinions offered at
the aforesaid public hearing adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares that the
proposed project was reviewed for compliance with the California Environmental Quality Act
(CEQA), and is categorially exempt from CEQA, pursuant to Guideline Section 15303 (Class 3 —
New Construction or Conversion of Small Structures). Class 3 exempts new construction up to
10,000 square feet in floor area. The proposed structure measures 2,800 square feet in floor
area.
SECTION 3. 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 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 interests or furtherance of the public health, safety, and general
welfare. The City Council adopted a comprehensive update to the Zoning
Ordinance which eliminated the P -B (Parking Buffer) zoning category. The
change of zone from P -B and C-2 (General Commercial) to C-1 (Neighborhood
Resolution No. 19-3097
Downey Planning Commission
Commercial) will make the zoning of the site not only consistent with the current
Zoning Code but also with the General Plan as the General Plan Land Use
designation of the site is Neighborhood Commercial. Eliminating the current
zoning inconsistency is desirable and in harmony with the objectives of the
General Plan and the Zoning Code.
B. The zone change will be compatible and complementary to existing conditions
and adjoining property in the surrounding area. Changing the zoning form P -B
(Parking Buffer) and C-2 (General Commercial) to C-1 (Neighborhood
Commercial) will bring the entire property into consistency with the existing
Zoning Code and the General Plan because the current Zoning Code no longer
contains the P -B zoning district and because the existing C-2 (General
Commercial) zoning is not consistent with the General Plan. By bringing the
zoning into consistency with the Code and the General Plan, the proposed and
any future uses would be compatible and complementary to existing conditions
and adjoining property in the surrounding area. The surrounding area on the City
of Downey side of the site is primarily residential and the C-1 (Neighborhood
Commercial) zone is intended to provide limited neighborhood shopping areas
specifically adjacent to or surrounded by residential neighborhoods.
C. The site is adequate in size to accommodate the uses permitted in the zone
requested and comply with all applicable property development standards. The
18,879 square foot site (after dedication) is substantially greater than the minimum
required lot size of 6,000 square feet. The minimum lot size is established in part
to ensure lots meet a minimum size in order ensure developments can comply
with required standards. The proposed development will comply with all
development standards.
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 the area
and that utilities exist or are planned which will adequately serve the property as
rezoned. The zone change does not alter the existing site which will continue to
properly relate to the streets and highways designed and fully improved to carry
the type and quantity of traffic expected to be generated. The existing streets are
designed to accommodate the traffic expected to be generated by the sale of beer
and wine. According to the Trip Generation Manual of the Institute of
Transportation Engineers, a 2,800 square foot convenience market could
generate 2,066 daily trips. However, only a fraction of those trips could be
attributed to the availability of beer and wine. Furthermore, 50 to 60 percent (if
not more) of the anticipated trips would come from pass -by drivers who already
drive on Downey Avenue and Gardendale Street The site has and continues to
be served by existing utilities and the proposed use will continue to be served by
the existing utilities.
E. The proposed zone change is in general conformance with the General Plan and
General Plan land use designation for the parcel. The zone change will eliminate
the current inconstancy between zoning and the General Plan and will bring the
zoning of the property into conformance with the General Plan designation of
Neighborhood Commercial.
13034 Downey Ave — PLN -16-00191
June 19, 2019 - Page 2
Resolution No. 19-3097
Downey Planning Commission
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
approve a zone change (PLN -18-00191) and update the Comprehensive Zoning Map to rezone
the subject property to C-1 (Neighborhood Commercial), as outlined in Exhibit A of this
resolution.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day of June, 2019.
en Dominguez,
Planningl omr
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 19th day of June
2019, by the following vote, to wit:
AYES:
COMMISSIONERS:
Owens, Frometa, Spathopoulos, Duarte and Dominguez
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
i�
Mary Ca anagh, Secretar
City Planning Commission
13034 Downey Ave — PLN -18-00191
June 19, 2019 - Page 3
Resolution No. 19-3097
Downey Planning Commission
EXHIBIT A
Existing Zoning
Proposed Zoning
13034 Downey Ave — PLN -18-00191
June 19, 2019 - Page 4