HomeMy WebLinkAboutPC Reso 10-2623RESOLUTION NO. 10-2623
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION
AND APPROVE CODE AMENDMENT NO. 06-120, REV `13% THEREBY AMENDING
THE SIDE YARD SETBACKS IN THE H -M (HOSPITAL MEDICAL ARTS) ZONE.
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 2, 2009, the Planning Commission directed staff to initiate a code
amendment to analyze the interior side yard setback for the H -M (Hospital Medical Arts)
zone and bring forth a recommendation on a potential amendment to said setback; and,
B. On December 16, 2009, notice of the pending Code Amendment was advertised as an
eighth page ad in the Long Beach Press Telegram. Additionally, pursuant to the
requirements of CEQA, a Notice of Intent to adopt a Negative Declaration was filed with
the Los Angeles County Recorders office; and,
C. The Planning Commission opened a duly noticed public hearing on January 6, 2010 and
after fully considering all oral and written testimony and facts and opinions offered at the
aforesaid public hearing, the Planning Commission adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares that after
preparing an Initial Study in compliance with the requirements of the California Environmental
Quality Act, which found that there would be no significant environmental impacts created by the
proposed Code Amendment, a Negative Declaration was prepared. Based on its own
independent judgment that the facts stated in the initial study are true, the Planning Commission
hereby finds that the approval of the Code Amendment will not have any potential negative
environmental impacts.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
That the requested amendment is necessary and desirable for the development of the
community and is in the interests or furtherance of the public health, safety, and general
welfare. The proposed Code amendment will encourage development of new structures
within the H -M zone. By requiring a tiered setback, construction of taller buildings can
be permitted while preventing the canyon effect, thus preventing impacts to the public
health, safety, and general welfare. Accordingly, revising the setbacks will allow a
harmonious development of the community, while protecting the public health, safety,
and general welfare.
2. That the proposed amendment is in general conformance with the General Plan.
General Plan Policy 1.3.2 states, "Monitor and address changes in land use trends,"
which is implemented with General Plan Program 1.3.2.2, which states, "Adjust the
codes, policies, and regulations in response to changes in land use trends." A survey of
30 other cities was conducted, of which results indicate that most of the cities only
require a zero or a five foot setback, whereas the City of Downey requires a 15' setback
Resolution No. 10-2623
Downey Planning -Commission
This amendment is consistent with the aforementioned General Plan policy and program
since it will adjust the development standards in the H -M zone to be consistent with land
use trends in surrounding comminutes of the region.
SECTION 4. The Planning Commission recommends that the City Council amend Table
9.3.6 of Article IX, Chapter 3, Section 9314.06(a), to read as follows (new text bolded and
underlined and deleted text strjket14-Gwg14):
Table 9.3.6
Commercial Zone Property Development Standards
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby recommends the City
Code Amendment No. 06-120, Rev'B'
January 6, 2010 - Page 2
Zone
DevelopmentStandard
Lot area - minimum (square feet
6,000
6,000
10,000
10.000
87,120
6,000
Lot width - minimum feet
60
60
100
100
290
60
Lot depth - minimum feet
100
100
100
100
300
100
Floor area ratio - maximum
2.0
0.25
1.4
3.0
NA
2.0
lots 87,120 square feet or greater
NA
NA
NA
NA
0.60
NA
lots under 87,120 square feet
NA
NA
NA
NA
0.50
NA
Lot covera e - maximum(percent)
50
50°
50
50
NA
50
Building height - maximum (feet or stories,
75 feet or
20 feet or
45 feet or
105 feet
150 feet
75 feet or
whichever is less)°
5 stories
1 story
3 stories
or 7
or 10
5 stories
stories
stories
Yard setbacks - minimum (feet)
front'
10
20
15
NR
20
10
rear
abutting a residential zone
46
46
46
46
46
46
abutting nonresidential zone
15
15
15
15
15
15
side
interior
abutting a residential zone
46
46
46
46
0
46
abutting a nonresidential zone
5
5
NR
NR
NR
46see
street (abutting major roads)` °
10
20
15
NR
20
note
street (abutting all other streets)`
5
5
5
5
15
10
_
10
Building separation - minimum feet
20 1
20
20
20
20
20
Air conditioning, mechanical roof and utility
Subject to Section 9504
equipment
Environmental protection standards
Subject to Section 9516
Graffiti control
Subject to Section 4960of Chapter 10 of Arlicle IV of this Code
Landscaping, li htin . and walls
Subject to Section 9520
Nonconforming uses, lots, and structures
Subject to Section 9410
Off-street parkin2 and loading
Subject to Cha ter 7
Signs
Subject to Cha pter 6
Site plan review
Subject to Section 9820
Trash enclosure
Subject to Section 9528
_
Visibility
Subject to Section 9520 and 9534
Wireless communication facilities _
Subject to Section 9426
Notes:
' A mezzanine may be permitted in the C-1 Zone provided it does not exceed
thirty (30) percent of the square
footage of the
ground floor area.
° When abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance
with Section 9534.24.
Parking not permitted in the front or street side setbacks.
Major streets are defined as major, primary, and/or second arterials, as identified in the General
Plan.
' Side setbacks shall be five 1$1 fact for the first and second floors; ten 1101
for the third and fourth floors; and fifteen
- 06'1 for the fifth floor.
NA = Not Applicable
NR = No Requirement
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby recommends the City
Code Amendment No. 06-120, Rev'B'
January 6, 2010 - Page 2
Resolution No. 10-2623
Downey Planning Commission
Council approve Code Amendment No. 06-120, Rev `B', to revise the interior side setback for
the H -M zone as modified herein.
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of January, 2010
y
Terry Lard ros, Chairperson
City Planning Commission
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 6th day of January,
2010 by the following vote, to wit:
AYES:
COMMISSIONERS:
Kiefer, Murray, Morales, Lambros
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Vasquez
Theresa Donahue, Secretary
City Planning Commission
H:\PLANNING\RESOS\PC\2010\10-2623.doc
Code Amendment No. 06-120, Rev 'B'
January 6, 2010 - Page 3