HomeMy WebLinkAboutPC Reso 10-2670RESOLUTION NO. 10-2670
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND
APPROVE PLN -10-08048 (GENERAL PLAN AMENDMENT), APPROVE A GENERAL PLAN
AMENDMENT FOR AN EXISTING 49,880 SQ. FT. LOT FROM GENERAL COMMERCIAL
(GC) TO NEIGHBORHOOD COMMERCIAL (NC) FOR PROPERTY AT 10441-45
LAKEWOOD BOULEVARD.
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. An application was filed by Mr. and Mrs. Phillipy, (hereinafter "applicant")
requesting to change the General Plan designation for an existing 49,880 sq. ft.
lot from General Commercial (GC) to Neighborhood Commercial (NC); to change
the zoning designation from R-1 5,000 (Single Family Residential) to C-1
(Neighborhood Residential); a Conditional Use Permit to allow a new daycare (74
children) and K-5 private elementary school (106 children, 5 classrooms) with a
total of 180 children within a 13,610 sq. ft. tenant space; Site Plan Review for
new landscape, irrigation, and exterior building modifications to a 21,460 sq. ft.
multi -tenant building; and a new sign program for said multi -tenant building at
10441-45 Lakewood Boulevard, zoned R-1 5,000 (Single -Family Residential
(hereinafter "subject property"), AIN: 6252-002-032.
B. On September 15, 2010, notice of the pending public hearing was sent to all
property owners within 500' of the subject site and a notice was published in the
Long Beach Press Telegram; and
C. The Planning Commission held a duly noticed public hearing on October 6, 2010
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted this resolution, recommending
approval to the City Council of PLN -10-08048 (General Plan Amendment).
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 General Plan 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 General Plan Amendment it 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:
A. Consistency. That the proposed General Plan Amendment is consistent
with all other goals, policies, programs and land uses of applicable
elements of the General Plan.
The subject site's location, immediately adjacent to existing C-1 (Neighborhood
Commercial) and R-1 5,000 (Single -Family Residential) zoned properties, is
appropriate for a Neighborhood Commercial (NC) designation. This general plan
Resolution No. 10-2670
Downey Planning Commission
designation allows for C-1 (Neighborhood Commercial) development which
works as a buffer between the General Commercial uses to the north and the
residential uses to the west, east and south. Vision 2025 General Plan Policy
1.1.4 states, "Provide an appropriate amount of land area for people to acquire
goods and services." This policy is implemented with Programs 1.1.4.2 and
1.1.4.6 which respectively state, "Establish 'Neighborhood Commercial' areas for
land uses that draw from a customer base in the immediate surrounding
neighborhood." and "Concentrate smaller commercial uses in neighborhood
nodes" As such, staff feels that the proposed General Plan Amendment is
consistent, and this finding can be adopted.
B. Adverse Effects. That the proposed General Plan Amendment will not
adversely affect surrounding properties or the surrounding environment.
As previously discussed, the Neighborhood Commercial (NC) designation at the
subject site, allows for C-1 (Neighborhood Commercial) development which
works as a buffer between the General Commercial uses to the north and the
residential uses to the south, west and east. To emphasize the need for buffers
between uses, Vision 2025 General Plan Policy 1.3.1 states, "Minimize or
eliminate conflicts where incompatible land uses are in proximity to each other."
This policy is implemented with Programs 1.3.1.2 and 1.3.1.4 which respectively
state, "Promote certain land use designations or land use buffers between
incompatible land uses." and "Consider the placement of buildings to serve as
buffers between incompatible land uses." This general plan amendment will not
cause an adverse affect to surrounding properties and will be beneficial to the
surrounding area since it will allow for said buffer between incompatible uses.
C. Public Health, Safety, and Welfare. That the proposed General Plan
Amendment promotes the public health, safety, and general welfare and
serves the goals and purposes of this article.
As mentioned, the site's current General Plan designation is General Commercial
(GC). According to Vision 2025 General Plan,
"The General Commercial designation allows for a full range of
commercial uses including shopping centers, automobile dealerships,
hotels, etc. [ ... J Since uses consistent with the General Commercial
designation are typically more intense, the General Commercial
designations are appropriate in areas with larger lot sizes which afford
greater buffers to adjacent land uses."
In contrast, a Neighborhood Commercial designation at this site would allow for
commercial uses that draw from a customer base from the immediate
neighborhood. In addition, businesses and uses are typically smaller in scale and
are intended to be located in "neighborhood nodes" such as properties adjacent
to street intersections or near residentially -intense areas. The subject site's
location immediately adjacent to residential uses is not conductive to the
development of GC (General Commercial) uses as it is currently designated but,
would be appropriate if designated as a Neighborhood Commercial (NC) property
as are the properties immediately to the north of it. These properties, in addition
the subject property, work as a buffer between the General Commercial uses to
PLN -10-08048 (GPA) — 10441-45 Lakewood Blvd.
October 6, 2010 - Page 2
Resolution No. 10-2670
Downey Planning Commission
the north and the residential uses to the south, west and east. Thus, the
proposed General Plan Amendment will promote the public health, safety and
welfare of the community.
D. Conflicts. That the proposed General Plan Amendment will not conflict with
provisions of this article, including the City's subdivision ordinance.
The proposed General Plan Amendment will not conflict with provisions of Article
IX, Land Use since it has concurrently been filed with a zone change to bring the
subject site into compliance with the Neighborhood Commercial (NC) general
plan designation and C-1 (Neighborhood Commercial) zone. As such, the
proposed General Plan Amendment will not conflict, subject to the approval of
the concurrently submitted zone change.
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 this City
Council adopt a Negative Declaration and approve PLN -10-08048 (General Plan Amendment),
thereby changing the General Plan designation from General Commercial (GC) to
Neighborhood Commercial (NC) for property located at 10441-45 Lakewood Blvd. (AIN: 6252-
002-032).
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of Cctoher, 2010
Louis Morales, Chairman
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 6th day of October,
2010 by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONER:
ABSTAIN:
COMMISSIONER:
ABSENT:
COMMISSIONERS:
H: \P LAN N I NG\RESOS\PC\2010\10-2670. doc
Vasquez, Lambros, Murray, Morales
Kiefer
None
None
Theresa Donahue, Secretary
City Planning Commission
PLN -10-08048 (GPA) — 10441-45 Lakewood Blvd.
October 6, 2010 - Page 3