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HomeMy WebLinkAboutPC Reso 20-3118RESOLUTION NO. 20-3118 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVAL OF ZONE CHANGE (PLN -19-00162), THEREBY REZONING A PORTION OF PROPERTY LOCATED AT 9432 TELEGRAPH ROAD FROM P -B (PARKING BUFFER) TO C-2 (GENERAL 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 October 8, 2020, the applicant submitted a request for a Zone Change and Site Plan Review to eliminate the P -B (Parking Buffer) zone on the C-2 zoned subject site, and to allow construction of a 7,788 square foot, two-story medical building. Due to missing information on the project plans, staff deemed the application incomplete; and, B. On April 6, 2020, the applicant submitted the remaining information needed to complete the application. Accordingly, staff deemed the application complete on April 16, 2020; and, C. On May 7, 2020, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on May 20, 2020 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed project has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section 15332 (In -fill Development). The project is consistent with the General Plan and zoning, is on a site that is less than five acres, does not have any protected habitat, and can be adequately served by utilities. 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 interest or furtherance of the public health, safety, and general welfare. The subject site has a General Plan Land Use Designation of Neighborhood Commercial but dual zoning on the zoning map. The north 42 feet along Telegraph Road is zoned P -B (Parking Buffer) and the remainder of the site is zoned C-2 (Commercial). Although a portion of the property is currently zoned P -B, the P -B zoning has been phased out of the Zoning Code. The proposed zone change would bring the entire property into compliance with the General Plan Land Use Designation. Furthermore, this action is in compliance with Program 1.3.2.3 of the General Plan, which states, "Change the zoning of properties where inconsistent with the General Plan Land Use Designation." The proposed zone Resolution No. 20-3118 Downey Planning Commission change will allow the property to be consistent with current zoning and Municipal Code designations. B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The zone change will rezone the entire property to be within the C-2 zone. This is consistent with the General Plan and as developments and changes are made along Telegraph Road, all neighboring properties will follow this zone change as well. 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. The minimum size requirement for new parcels in the C-2 zone is 10,000 square feet in size; however, the subject parcel comprises 21,865.91 square feet. Inasmuch as the property exceeds over two times the minimum required, it has sufficient size to allow C-2 uses, such as medical offices, to be developed in a manner that will meet the development standards set forth in the code. The proposed project demonstrates that the subject site is able to fully comply with all development standards for the proposed C-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 the area and that utilities exist or are planned which will adequately serve the property as rezoned. The subject site is accessed via Telegraph Road, a major arterial, which was designed for higher traffic volumes. This portion of Telegraph Road contains six travel lanes (three in each direction) and has been designed to accommodate traffic generated from the various C-2 properties that front the street. Eliminating the P -B zone on this site will not increase the anticipated traffic generated by new uses since the majority of the parcel is already zoned C-2 and the P -B zone is not used in the analysis of traffic generated from this site. E. The proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The subject site has a General Plan Land Use Designation of Neighborhood Commercial, which is implemented with this project as it serves the surrounding neighborhood and is a smaller development than typical general commercial such as shopping centers or hotels in the C-2 zone. Although portions of the property are currently zoned P -B, the P -B zoning has been phased out of the Zoning Code. This action would allow the entire property to be zoned for commercial use and therefore bring the parcel into general conformance with the General Plan Land Use Designation. 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 of the City of Downey rezone 42 -feet of the northern -most portion of the subject site from P -B (Parking Buffer) to C-2 (General Commercial, as shown on the zoning map attached hereto as Exhibit A. 9432 Telegraph Road — PLN -19-00162 May 20, 2020 - Page 2 Resolution No. 20-3118 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 20th day of May, 2020. Miguel 12Arfe, O-Kairman City Planning Commission 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 20th day of May, 2020, by the following vote, to wit: AYES: COMMISSIONERS: Owens, Spathopoulos, Frometa and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Dominguez ABSTAIN: COMMISSIONERS: None Mary 2vanagh, Sec et ry City ping Commission 9432 Telegraph Road — PLN -19-00162 May 20, 2020 - Page 3 Resolution No. 20-3118 Downey Planning Commission ZONE CHANGE (PLN -19-00162) EXHIBIT A Existing Zoning Proposed Zoning 9432 Telegraph Road — PLN -19-00162 May 20, 2020 - Page 4