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Home My WebLink About12. Adopt Ord Rezoning Property - 13034 Downey Ave111r4alsk, TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM- OFFICE OF THE CITY MANAGER BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMEN� DATE: SEPTEMBER 24, 2019 SUBJECT: ADOPT AN ORDINANCE APPROVING A REQUEST TO CHANGE THE ZONE OF THE PROPERTY LOCATED AT 13034 DOWNEY AVENUE FROM C-2 (GENERAL COMMERCIAL) AND P -B (PARKING BUFFER) TO C-1 (NEIGHBORHOOD COMMERCIAL) RECOMMENDATION 11000:91i ml'� E I W--:161 #j: [Pali 611FIN"-6,11OR 141 OJI11 ii itivii-1111-A I At its August 13, 2019 meeting, the City Council held a duly noticed public hearing, and after fully considering all oral and written testimony and facts and opinions offered, introduced the attached Ordinance. Lei i WK019111 0 143 11111110:4101:4 WEP 1 -44"1101111 LMVA I FISCAL IMPACT I 1 11 T"Iff �.. ATTACHMENTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING A ZONE CHANGE REZONING PROPERTY LOCATED AT 13034 DOWNEY AVENUE FROM C-2 (GENERAL COMMERCIAL) AND P -B (PARKING BUFFER) TO C-1 (NEIGHBORHOOD COMMERCIAL) WHEREAS, 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 C-2 (General Commercial) and P -B (Parking Buffer) to C-1 (Neighborhood Commercial); and, WHEREAS, 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, 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 19-3097, recommending the City Council approve the Zone Change request, and Resolution 19-3096, approving the Conditional Use Permit and site plan review applications. WHEREAS, the City Council held a duly noticed public hearing on August 13, 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 requested Zone - Change has been reviewed for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15303 (Class 3 = New Construction or Conversion of Small Structures) which exempts new construction up to 10,000 square feet in floor area. The zone change facilitates the construction of a2,800 square foot structure; 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: 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 eliminatedthe P -B (Parking Buffer) zoning category. The change of zone from P -B and C-2 (General Commercial) to C-1 (Neighborhood 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 Attachment "A" ORDINANCE NO. PAGE 2 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. 2. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. Changing the zoning from 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 use 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 3. 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. 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 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, at least 50 to 60 percent 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. 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 inconsistency between the Zoning Map and the General Plan and will bring the Zoning of the property into conformance with the General Plan designation of Neighborhood Commercial. NOW, •RE, THE CITY COUNCIL OF OF DOWNEY DOES ORDAIN AS FOLLOWS: SECTION 1 Property located at 13034 Downey Avenue is hereby rezoned from C-2 (General Commercial) and P -B (Parking Buffer) to C-1 (Neighborhood Commercial), as outlined in Exhibit `A' of this Ordinance. • 2. The City Planner shall update the Official Zoning Map of th- r.. - Downey to reflect this change. ORDINANCE NO PAGE 4 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 ATTESTa 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 on 2019 (after adoption including the 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 ORDINANCE NO PAGE 5 Existing Zoning