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Home My WebLink AboutPC Reso 10-2671RESOLUTION NO. 10-2671 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE PLN -10-08048 (ZONE CHANGE), TO CHANGE THE ZONING DESIGNATION FROM R-1 5,000 (SINGLE FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD COMMERCIAL) 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 (Zone Change). 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 Zone Change, 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 Zone Change 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. 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 proposed General Plan Land Use Designation for this site is Neighborhood Commercial (NC), which is typically implemented with the C-1 (Neighborhood Commercial) zone. According to the General Plan, the intent of the Resolution No. 10-2671 Downey Planning Commission Neighborhood Commercial designation, which would be implemented by the C-1 zone, is intended to serve the immediate neighborhood. Since the subject site is located at "neighborhood node" within an intersection and adjacent to existing C- 1 (Neighborhood Commercial) zoned and residential properties, the site is intended to serve the immediate neighborhood. In addition, it is evident that the current R-1 5,000 (Single -Family Residential) is not conductive of commercial uses that currently exists on the site. B. The zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The subject site is located on Lakewood Blvd and Cherokee Drive and is currently improved with a multi -tenant retail/office building. The properties to the north of the site are zoned C-1 (Neighborhood Commercial), while to the south, west, and east, properties are zoned from R-1 5,000 (Single -Family Residential) through R-3 (Multi -Family Residential) Inasmuch as rezoning the site from R-1 5,000 to C-1 will not alter the existing building footprint and future uses will include a variety of neighborhood commercial uses, this property will exist as a buffer while remaining compatible and complementary to the existing conditions in the area. 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 subject site is a 49,800 sq. ft. rectangular -shaped parcel, which exceeds the 6,000 foot minimum in the C-1 zone. Currently, the site is developed with a 21,460 sq. ft. multi -tenant building established by Zone Exception Case No. 1161 on February 20, 1974. Said building houses a variety of uses from general office to retail sales. Staff is of the opinion that the site will be able to accommodate any use permitted under the C-1 zone, provided sufficient parking is available. Furthermore, any future expansion would require Planning Commission review in a duly noted public hearing. 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 Lakewood Blvd, which is a major arterial in the City of Downey and Cherokee Dr. Furthermore, the site is currently improved with a multi -tenant building, which is served by the existing utility system grid. In view of the fact that the proposal does not involve expansion of the building, it is staff's opinion that the site will continue to be fully accessed from Lakewood Blvd. and Cherokee Dr., both of which have sufficient capacity to accommodate the site. The proposed use will not require increase utility demands beyond the capacity of the existing system grid. E. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. PLN -10-08048 (W) — 10441-45 Lakewood Blvd. October 6, 2010 - Page 2 Resolution No. 10-2671 Downey Planning Commission The subject site has a current General Plan Land Use Designation of GC (General Commercial) but is proposed to change to NC (Neighborhood Commercial) which, according to the General Plan, should be implemented with the C-1 (Neighborhood Commercial) zone. 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 approve PLN -10-08048 (Zone Change), thereby rezoning the property located at 10441-45 Lakewood Blvd. (AIN: 6252-002-032) from R-1 5,000 (Single -Family Residential) to C-1 (Neighborhood Commercial). SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of 9ctober,Z610 Louis Morales, Chairman ity Planning Commission fI 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: COMMISSIONERS ABSTAIN: COMMISSIONER: ABSENT: COMMISSIONERS H:\PLANNING\RESOS\PC12010\10-2671.doc Vasquez, Lambros, Murray, Morales Kiefer None None ALLAIJA JI Theresa Donahue, Secretary City Planning Commission PLN -10-08048 (ZC) — 10441-45 Lakewood Blvd October 6, 2010 - Page 3