HomeMy WebLinkAbout11. Adopt Ord-Approving Zone Change Designation for 7224 Florence from P-B to R-3lWitz U10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU NCILC(TY MANAGER
10
FROM: OFFICE OF THE CITY MANAGER
BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPME
DATE. SEPTEMBER <: »019
SUBJECT: ADOPT AN ORDINANCE APPROVING A REQUEST TO CHANGE THE ZONE
OF THE PROPERTY LOCATED AT 7224 FLORENCE AVENUE FROM P -B
(PARKING BUFFER) TO R-3 (MULITPLE-FAMILY RESIDENTIAL)
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ORDINANCE O.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING
A ZONE CHANGE DESIGNATION FOR PROPERTY LOCATED AT 7224 FLORENCE
AVENUE, THEREBY CONVERTING THE SOUTH 46 FEET OF THE PROPERTY
FROM P -B (PARKING BUFFER) TO R-3 (MULTIPLE -FAMILY RESIDENTIAL)
WHEREAS, on June 28, 2018, the applicant filed a request for a Site Plan Review and
Zone Change (PLN -18-00102) to construct twelve new dwelling units and change the zone from
P -B (Parking Buffer) to R-3 (Multiple -Family Residential); and,
WHEREAS, on July 26, 2018, the applicant was issued a letter deeming the application
incomplete; and,
WHEREAS, on November 21, 2018, the application was deemed complete after all
required documents were submitted and reviewed; and,
WHEREAS, on January 24, 2019, the application was again deemed incomplete with
permission from the applicant due to changes requested of the application; and,
WHEREAS, on June 6, 2019, the application was deemed complete after all required
documents were submitted and reviewed; and,
WHEREAS, 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,
WHEREAS, on June 19, 2019, the Planning Commission held a duly noticed public
hearing, and after fully considering all oral and written testimony and facts and opinions offered
at the aforesaid public hearing adopted Resolution 19-3094, recommending the City Council
approve the Zone Change request, and Resolution 19-3095, approving the Site Plan Review
applications.
WHEREAS, the City Council held a duly noticed public hearing on September 10, 2019,
to fully consider all oral and written testimony and facts and opinions regarding the zone change
request; and,
WHEREAS, the City Council finds, determines and declares that the proposed project
was reviewed for compliance with the California Environmental Quality Act (CEQA), and is
exempt from CEQA, pursuant to Guidelines Section 15061 (b)(3).
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:
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, on October 14, 2008, which
eliminated the P -B (Parking Buffer) zoning category. The change of zone from P-13 to R-
3 (Multiple -Family Residential) 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 Medium Density Residential. Furthermore, the change in zoning
for this property does not grant the subject property any added liberties it did not
Attachment "N'
ORDINANCE NO.
PAGE 2
previously already have. This action will make the property consistent with the
surrounding uses and General Plan land use designation so it not anticipated to
negatively affect the public health, safety, or general welfare of the community.
2. The zone change will be compatible and complementary to existing conditions and
adjoining properties in the surrounding area. The subject site is currently comprised of
two separate zones, R-3 and P -B for the rear 46' feet of the lot. The intent of the zone
change is to remove the P -B designation and provide one consistent zoning designation
of R-3 for the entire site. This is ultimately compatible with the existing and proposed use
on the subject property. It also compatible with the surrounding area, as nearby
properties located to the north and south on Florence Avenue are zoned R-3 or are
currently developed multifamily uses.
3. The site is adequate in size to accommodate the uses permitted in the zone requested
and complies with all applicable property development standards. The .72 acre site is
substantially greater than the minimum required lot size of 10,000 square feet for the R-3
zone. The minimum lot size is established in part to ensure sites can appropriately meet
development standards and accommodate allowed uses. The proposed development
has shown that it will comply with all applicable development standards.
4. 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 development potential of the site because the R-
3 (Multiple -Family Residential) zone already exists for the majority of the lot. The R-3
zone is also present among adjacent properties facing Florence Avenue. Therefore, the
existing streets are already designed to accommodate the traffic generated by
multifamily developments. The same is true of existing utilities and other infrastructure.
5. 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 the zoning code and the zoning map and General Plan.
The entire property will now be zoned R-3 (Multiple -Family Residential) as it intended
per the General Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
IRDAIN AS FOLLOWS:
SECTION 1. Property located at 7724 Florence Avenue is hereby rezoned from P -B
(Parking Buffer) to R=3 (Multiple Family Residential), as outlined in Exhibit'A' of this Ordinance.
SECTION 2.- The City Planner shall update the Official Zoning Map of the City of
Downey to reflect this change.
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
ORDINANCE NO.
PAGE 3
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and cause the
same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this _ day of 2019.
RICK RODRIGUEZ, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. 19-- was introduced at a
Regular Meeting of the City Council of the City of Downey held on the 13th day of August, 2019,
and adopted at a Regular Meeting of the City Council of the City of Downey held on the _ day
of 2019, by the following vote to wit:
AYES`
NOES:
ABSENT:
ABSTAIN',
I FURTHER CERTIFY that a summary of the foregoing Ordinance No. 19-_ was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
2019 (after introduction), and on2019 (after adoption including the
R
vote thereon). It was also posted in the Regular posting places in the City of Downey on the
same dates.
MARIA ALICIA DUARTE, CMC
City Clerk
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Existing Zoning
Proposed Zoning