HomeMy WebLinkAboutResolution No. 07-7033 - Deny SPA #07-68, 11111 Florence Av. (SP #90-1 amend.) World of DécorRESOLUTION NO. 07-7033
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING
SPECIFIC PLAN AMENDMENT NO. 07„68, REGARDING A REQUEST BY WORLD
OF D£COR, INC., TO AMEND SPECIFIC PLAN NO. 90-1 TO ALLOW OUTDOOR
DISPLAY OF MERCHANDISE ON SITE 1 OF SPECIFIC PLAN NO. 90-1 (FLORENCE
AVENUE 1-5 SPECIFIC PLAN) ON PROPERTY LOCATED AT 11111 FLORENCE
AVENUE, AND DENYING A NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey does hereby find, determine and
declare that:
A On June 25, 1991, the City Council of the City of Downey adopted Ordinance No. 929,
thereby adopting the Florence Avenue/ 1-5 Specific Plan No. 90-1, in conformance with
Sections 65450 through 65457 of the California Government Code.
B On May 2. 2007, World of D6cor initiated Specific Plan Amendment No. 07-68, an
amendment to Section III-B of Specific Plan No. 90-1 that would allow garden display
centers outside general merchandise stores on Site I of the specific plan area.
C.Staff performed an Initial Study to determine the environmental impact of the proposed
amendment to Specific Plan No. 90-1, pursuant to the California Environmental Quality
Act (C.E.Q.A.) and determined that the proposed amendment could not have a significant
effect on the environment. Accordingly, staff prepared a Negative Declaration.i
D On October 3, 2007, the Planning Commission held a held a duly noticed public hearing
on the proposed amendment to the Florence Avenue/ 1-5 Specific Plan No. 90-1 and its
draft Negative Declaration, and after fully considering all oral and written testimony and
facts and opinions offered at the aforesaid public hearing, recommended denial of the
proposed amendment and Negative Declaration to the City Council.
E.On October 23, 2007, the City Council held a held a duly noticed public hearing on the
World of D6cor request to amend Specific Plan No. 90-1 and its draft Negative
Declaration, and after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, denied the proposed amendment.
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SECTION 2. Having considered all of the oral and written evidence presented to it at
said public hearing, the City Council further finds, determines and declares that:
A The proposed amendment to the specific plan is not necessary or desirable for the
development of the community in harmony with the objectives of the General Plan and
this chapter and it is not in the interests or furtherance of the public health, safety, and
general welfare because it would allow outside storage of merchandise on premises
located on Site 1 of Specific Plan No. 90-1, in a manner that is not consistent with the
City’s standards for outside storage elsewhere in the Specific Plan No. 90-1 Area or
other land use zones in the City. The Downey Fire Department and code enforcement
staff have cited World of D6cor for health and safety issues relating to fire truck
accessibility, outside storage and property maintenance at the garden display area.
RESOLUTION NO. 07-7033
PAGE TWO
B The requested specific plan amendment will not be compatible or complimentary to
existing conditions and adjoining property in the surrounding area, because Specific
Plan No. 90-1 prohibits outdoor uses not fully enclosed within a building other than
vehicle sales/display and vehicle storage. Other uses in the same vicinity and zone, but
not located on Site 1, would not receive the same privilege to store merchandise outside,
as the proposed amendment would entitle World of D6cor to do. The placement of the
garden display center makes it clearly visible from the Santa Ana Freeway (Interstate-5),
which borders the north and east portions of the subject site and it can be seen from the
San Gabriel River Freeway 1-605 / Santa Ana Freeway 1-5 interchange, which is
adjacent to the west side of the site. The proposed amendment could also make it
difficult for code enforcement staff to mitigate the outside storage activities of the auto
repair business on Site 1.
C That the site is adequate in size to accommodate the uses permitted in the specific plan
area requested and that all applicable property development standards can be complied
with. The subject property, which SP No. 90-1 identifies as Site 1, comprises 9.77 acres.
The 10,000 square feet area proposed for the garden center is behind the World of
D6cor building. Although the garden center covers about 50 parking spaces, the subject
site maintains sufficient parking to satisfy the needs of the World of D6cor store and
meet the City’s development standards for off-street parking
D.That the site relates to the 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. The proposed specific
plan amendment will not generate an increase in traffic nor will it result will it generate
and increase use in utilities, that is beyond the amounts currently generated by World of
D6cor or beyond the capacity of the local infrastructure.
E There are no changed conditions since Specific Plan No. 90-1 came into effect that
warrant different zoning. The existing World of D6cor building was vacant for
approximately six (6) years because it was not designed to address the needs of modern
“big box” retailers or industrial warehouse operations adequately. World of D6cor made
structural modifications to the building to accommodate most of their needs and the
nature of their business includes extremely large and unusual items that cannot fit into
the building. Nevertheless, Specific Plan No. 90-1 always allowed general merchandise
stores (including department stores, variety stores, retail lumber and building materials
dealers, and general merchandise catalog showrooms) as conditional uses.
The proposed specific plan amendment is not in general conformance with the General
Plan for the following reasons:
a Goal 5.3 of the Downey General Plan seeks to maintain and improve fire protection
services. World of D6cor installed the wrought iron fences and gates of the garden
display center across parking spaces and a driveway aisle at the rear of the building.
This configuration created a problem for the Fire Department because the gates and
the merchandise block the fire lane and restrict emergency vehicle access to this area
of the site and blocked an emergency exit door. Although World of D6cor has worked
with the Fire Department to correct this problem, the proposed specific plan
amendment could allow these unsafe conditions to reoccur.
RESOLUTION NO. 07-7033
PAGE THREE
(b.Program 6.1.1.5 of the General Plan discourages the establishment of noise-sensitive
land uses within areas where noise cannot be mitigated, and Goal 6.2 seeks to
protect persons from exposure to excessive noise generated by various modes of
transportation. The garden display center, which is located between the rear of the
building and the Santa Ana Freeway, is impacted by freeway noise. The wrought-iron
gates surrounding the garden display area and the chain-link fence abutting the
freeway, do very little to attenuate the sound of thousands of cars and trucks passing
by daily.
F Goal 8.1 of the Downey General Plan promotes architectural design of the highest quality
design and includes programs that discourage construction with poor architectural
design. Goal 8.2 seeks to maintain and enhance the appearance of properties. The
World of D6cor garden center is comprised of decorative wrought-iron gates and not by a
solid masonry wall or opaque ornamental fence, as the Zoning Code requires. Rather
than being incorporated into the design and functionality of the store, the garden display
center simply represents a fenced-off area at rear of the building. Consequently, the large
scale items kept in the garden display area are clearly visible from the from the Santa
Ana Freeway (Interstate-5), which borders the north and east portions of the subject site
and it can be seen from the San Gabriel River Freeway 1-605 / Santa Ana Freeway 1-5
interchange, which is adjacent to the west side of the site. From these vantage points, the
garden display area appears cluttered, poorly maintained and unattractive.
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G.An Initial Study of Environmental Impact was prepared for Specific Plan Amendment No.
07-68, in accordance with the provisions of the California Environmental Quality Act
(CEQA), state CEQA Guidelines, and City of Downey's Procedures for Implementing
CEQA
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 said amendment to the Florence Avenue / 1-5
Specific Plan No. 90-1.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 23'd day of October, 2007.
RICK TREJO, Mayor
ATTEST:
KATHLEECIerk
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RESOLUTION NO. 07-7033
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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 23’d day of October, 2007, by the following
vote, to wit:
AYES :
NOES:
ABSENT:
ABSTAIN :
5 Council Members: Bayer, Cartozian, Gafin, Guerra, Mayor Trejo
0 Council Member: None
0 Council Member: None
0 Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk