HomeMy WebLinkAboutResolution No. 05-6878 - Deny Appeal and Deny ZV #05-67, 9553-57 Firestone BI.RESOLUTION NO. 05-6878
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE
APPEAL OF ZONE CHANGE NO. 05-67 REGARDING A REQUEST TO CHANGE
THE ZONING FROM C-1 (NEIGHBORHOOD COMMERCIAL) AND P-B (PARKING
BUFFER) TO R-3 (MULTIPLE-FAMILY, MEDIUM DENSITY RESIDENTIAL) AND C-2
(GENERAL COMMERCIAL) FOR PROPERTY LOCATED AT 9553, 9555 & 9557
FIRESTONE BOULEVARD.
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 2. The City Council of the City of Downey does hereby find, determine and
declare that:
A.On April 29, 2005, pursuant to Section 9170 of the Downey Municipal Code,
Mohamed Azzam (hereinafter referred to as “applicant”), the owner of property
located at 9553, 9555 & 9557 Firestone Boulevard, filed an application to request
a change in zoning from C-1 (Neighborhood Commercial) and P-B (Parking
Buffer) to C-2 (General Commercial) and R-3 (Medium Density Multiple-Family
Residential).
B.On September 7, 2005, the Downey Planning Commission held a duly noticed
public hearing and, after fully considering all oral and written testimony, facts,
and opinions offered at the aforesaid public hearing, and adopted Resolution No.
2403, denied the proposed zone change.
C.On September 14, 2005, Mr. Samir Hijazi, of Archissance Design Group filed a
written appeal of the decision of the Planning Commission on behalf of the
applicant.
D On October 1 1, 2005, the Downey City Council held a duly noticed public hearing
on the appeal, and after considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 05-6878
denying the appeal and Zone Change No. 05-67.
SECTION 2. Having considered all of the oral and written evidence presented to it at
said public hearings, the City Council further finds, determines and declares that:
A.The requested zone change is not necessary and desirable for the development
of the community in harmony with the objectives of the General Plan and this
chapter and is not in the interests of furtherance of the public health, safety and
general welfare because the requested zone change would reduce the amount of
commercially-zoned land area available on Firestone Boulevard for business and
employment opportunities or for people to acquire goods and services.
B The requested zone change will not be compatible and complementary to
existing conditions and adjoining property in the surrounding area because it
provides an opportunity for residential land uses to have an influence and impact
on Firestone Boulevard, the City’s primary commercial corridor. Residential is
not the optimum use of land on Firestone Boulevard.
RESOLUTION NO. 05-6878
PAGE TWO
C.That there are changed conditions since the existing zoning became effective
that warrant different or additional zoning. On January 25, 2005, the Downey City
Council adopted “Vision 2025, the Downey General Plan,” thereby changing the
land use designation on the subject property from General Commercial to 50%
Medium Density Residential and 50% General Commercial. The City Council
made this and other changes to the Land Use Diagram with the understanding
that changes to zoning designations and zoning regulations are needed to
implement the goals, policies, and programs of the General Plan.
D That the proposed amendment [zone change] is not in general conformance with
the General Plan, because Mr. Azzam has proposed a ratio of 75% Medium
Density Multiple Family Residential and 25% General Commercial for his
property while the General Plan designation is 50% Medium Density Residential
and 50% General Commercial for the other properties in the immediate vicinity.
The General Plan also seeks to maintain a balance between land uses in the
community, whereas the proposed zone change would de-emphasize the
commercial aspects of Firestone Boulevard .
SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution,
the City Council of the City of Downey hereby denies the appeal of Zone Change No. 05-67,
regarding a request to change the zoning from C-1 (Neighborhood Commercial) and P-B
(Parking Buffer) to R-3 (Multiple-Family, Medium Density Residential) and C-2 (General
Commercial) for property located at 9553, 9555 & 9557 Firestone Boulevard.
SECTION 4 The City Clerk shall certify to the adoption of this Resolution
APPROVED AND ADOPTED this 11 th day of October, 2005.
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ANNE M. BAYEmo ’~,
ATTEST:
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KATHLEEN L. MIDSTC)K}<E, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 1 1 th day of October, 2005, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
5 Council Members: Cartozian, Gafin, Perkins, Trejo, Mayor Bayer0 Council Member: None
0 Council Member: None
0 Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk