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HomeMy WebLinkAboutResolution No. 24-8242 - Approving Tentative Tract Map No. 84168 for the Property Located at 7360 Foster Bridge BlvdRESOLUTION NO. 24-8242 A RESOLUTION OF THE CITY COUNCIL OF THE 'CITY OF DOWNEY APPROVING TENTATIVE TRACT MAP NO. 84168 (PLN-23-00035) FOR THE PROPERTY LOCATED AT 7360 FOSTER BRIDGE BOULEVARD (APN NO.: 6358-015-058) WHEREAS, on March 20, 2023, the applicant, Steve Armanino (a representative of the Olson Company); submitted a request for a Site Plan Review, Tentative Tract Map, Density Bonus, General Plan Amendment, and Zone Change, to construct a new 33-unit townhome condominium ownership development at 7360 Foster Bridge Boulevard ("Project"); and; WHEREAS, on April 20, 2023, the applicant was issued a letter deeming the application incomplete; and, WHEREAS, on June 14, 2023 upon review of 'partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and, WHEREAS, on September '18, 2023, upon review of partially submitted materials, the applicant was issued a subsequent letter deeming the application incomplete; and, WHEREAS, on February ;14, 2024, upon review of newly -submitted supporting documents, the applicant was issued a subsequent letter deeming the application incomplete; and; WHEREAS, on March 28, 2024, upon review of all 'required materials submitted, the applicant was issued a letter deeming the application complete; and, WHEREAS, on April 4, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map; Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500- feet of the subject site, as well as to interested parties and outside agencies, and the public hearing notice was published in Downey Patriot, and, WHEREAS, the Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) and the state CEQA Guidelines. Through its consultant, the City prepared an Initial Study leading to a Mitigated Negative Declaration (" 1S/MND") for the Project. On November 22, 2023, in accordance with the requirement of the California Environmental Quality Act, 'a Notice of Intent to adopt a Mitigated Negative Declaration was submitted to the Los Angeles County Recorder's Office. The Mitigated Negative Declaration for the Project reflects the City's independent judgment and analysisas lead agency for the Project; and, WHEREAS, based on the IS/MND, the Project would have no impact or a 'less than significant impact on the following environmental 'issue areas: Agriculture and Forestry Resources, Air "Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire. The Project's impacts on the following issue areas would be less than significant with the implementation of mitigation: Aesthetics; Biological Resources, Cultural Resources, Geology, Soils, and Paleontological Resources, 'Hazards and Hazardous Materials, Noise and Tribal Cultural Resources. All impacts would be less than significant after mitigation; and, RESOLUTION NO. 24-8242 PAGE 2 WHEREAS, the Planning Commission held a duly noticed public hearing on April 17, 2024, and after fully considering all oral and written testimony, facts, and opinions it was motioned and seconded to adopt this resolution. The motion did not carry with a vote of 2-2. No additional motions were made or voted upon; and; WHEREAS, on April 18, 2024, the applicant requested the application to be re- agendized and independently, at a new public hearing, to be presented to the Planning Commission once again; and, WHEREAS, on April 18, 2024, a notice of public hearing for a General Plan Amendment, Zone Change, Site Plan Review, Tentative Tract Map, Density Bonus, and Initial Study/Mitigated Negative Declaration was sent to all tenants and property owners within 500- feet of the subject site, as well as to interested parties and outside agencies; and the public hearing notice was published in Downey Patriot; and, WHEREAS, on May 1, 2024, the Planning Commission held a duly noticed public hearing, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Resolution 24-4027, recommending the City Council ;.approve the General Plan amendment, Zone Change, and Mitigated Negative Declaration, as well as Resolution 24-4028 for a Site Plan Review and Density Bonus and Resolution 24-2029 for a Tentative Tract Map; and. WHEREAS, the City Council held a duly noticed public hearing on May 14 2024, to fully consider all oral and written testimony and facts and opinions regarding the zone change request regarding the General Plan Amendment, Zone Change Request, and Mitigated Negative Declaration, Site Plan Review and Density Bonus, and Tentative Tract Map. NOW, THEREFORE, THE CITY COUNCILOF THE CITY OF DONEY, CALIFORNIA, DOES RESOLVE, DECLARE,' DETERMINE, AND ORDER AS FOLLOWS: SECTIQN 1. The City Council of the City of Downey hereby finds, determines, and declares as follows: A. The proposed map is consistent with applicable general and specific plans. The map most closely helps promote Policy-1.4.3. -relating to promoting home ownership and detail below. in addition, the tract map is filed in conjunction with a General Plan Amendment which if approved would render the proposed map in full compliance with the City's General Plan. Policy'1.4.3 Promote home Ownership Program 1.4.3.1. Promote ownership -based housing, such as condominiums, townhouses, and planned unit developments. The above policy is applicable to and promoted by the proposed map because the project involves the construction of townhomes. Thus, the General Plan must encourage the proposed map because in order to establish common ownership property of housing such as townhomes, a tentative tract map must be accompanied and approved. ! j I RESOLUTION NO. 24-8242 PAGE 3 B. _ The design or improvements of the proposed subdivision are consistent with applicable general and specific plans. Specifically, the project will increase housing inventory and will do so on a residentially zoned site with under-utilized density. The following policy is promoted by the proposed tentative tract map: Policy 2.2 — Encourage infill development and recycling of land to provide adequate residential sites. The TTM promotes the above policy by utilizing an already developed "lot (with a religious institution) to create dwelling units on a residentially zoned lot that is not developed with housing units. In addition, the project also helps the site reach its appropriate density capacity under the City's Multiple Family Residential zone. The project site is ideal for this type of construction due to the proposed zoning, general plan designation modifications, and available infrastructure. C. The site is physically suitable for the type of development. The site can be described as regular (in -terms of shape or slope) when developed as a whole and as a townhome/condominium subdivision. Other types of subdivisions do present complications due to the sites diamond shaped irregular configuration. The site holds characteristics common for properties with similar uses and similar infrastructure. -Lastly, the proposed site plan provides appropriate life and safety Building Code and Fire Code regulations: D. The site is physically suitable for the proposed density of the development. The subject property is approximately '1.35 acres, and is ;allowed a maximum density of 30 units per the City's R-3 zone. This is also consistent with density policy set forth in the City's General Plan. The site will accommodate three additional units per allowances provided in California Density Bonus Law. E. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The project site is in an urbansettingsurrounded by urban uses. There are also no known wildlife habitats within the City. In addition, the subject property is an already developed lot. Therefore, the proposed map and development will not cause or contribute to impacts not already existing on the site or in the general area. In addition, environmental impacts related to, but not limited to, biological resources, noise, traffic, light, and aesthetics have been have been identified as less than significant per the findings of a Mitigated Negative Declaration conducted for the project. F. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the project has been carefully laid out to avoid conditions that could result in serious public health problems. Pedestrian circulation is separated from vehicle traffic with the use of walkways that connect all entrances to the units. The site layout works best to facilitate vehicle movement while maximizing pedestrian safety. Accordingly, the functional aspects of the site development from the view of the public street have been properly considered in the development proposal. - Furthermore, the proposed development has been found, per technical studies; to not hold the capability of generating impacts that significantly alter existing RESOLUTION NO. 24-8242 PAGE 4 conditions. Rather any impacts related to the nearby area are currently established and not a result of the application: G. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property with the proposed subdivision. The review of the Tentative Tract Map and title report reflect no such easements within the subject property. Overhead utility lines are located across the street along both street frontages; but are located on the public right-of-way. SECTION 2. Based upon the findings set forth in Sections 1 of this Resolution, the City Council hereby approvesTentative Tract Map No. 84168, subject to conditions of approval attached hereto as Exhibit A', which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 3. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED this 14tn day of May, 2024. rJ d 9 ry� pR f/ y MARIO TRUJILLO, Mayor ",/ I ATTEST: M RI ALICIA DUARTE, City Clerk APPROVED AS TO FORM: L� 10Z JO M._FUNK Cit Attorney HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 14th day of May, 2024, by the following vote, to wit: AYES: Council Members: Ortiz, Pemberton, Frometa, Sosa, Mayor Trujillo NOES: Council Members: None: ABSENT: Council Members: None: ABSTAIN: Council Members: None. kA AL16`IADUA�RTE,4C�� City Clerk RESOLUTION NO. 24-8242 PAGE 5 PLN-23-00035 (TENTATIVE TRACT MAP) EXHIBIT A - CONDITIONS PLANNING 1) The approval of Tentative Tract Map No. 84168 (PLN-23-00035) allows for the subdivision of airspace and common -interest ownership for a 33-unit residential condominium townhome ownership development on a property located at 7360 - Foster Bridge Boulevard. 2) Tentative Tact Map No. 84168 is associated with a General Plan Amendment and Zone Change and a Site Plan Review and Density Bonus as outlined in Resolution No. 24-8241. This resolution, Resolution No. 24-8242, shall run concurrently with ResolutionNos. 24- 8240 and 24-8241 and Ordinance to change zoning for property located at 7360 Foster Bridge Road and is equally subject to the Conditions of Approval set forth in said Resolutions. 3) Failure to carry out the approvals and Conditions of Approval detailed in Resolution Nos. 24-8240 and 24-8241 and Ordinance to change zoning for property located at 7360 Foster Bridge Road shall render this Resolution null and void: 4) Major deviations or exceptions from this plan shall not be permitted without the approval of the City of Downey Planning Commission. Minor administrative adjustments may be approved subject to the approval of the Director of Public Works. 5) Approval of Tentative Tract Map No. 84168 shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Downey' Municipal Code shall apply. 6) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, ;review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition.' 7) The Community Development Director is authorized to make minor modifications to the approved preliminary plans described in the accompanying Resolutions or any of the conditions if such modifications shall achieve substantially the same results as would strict compliance with said plans and conditions. RESOLUTION NO. 24-8242 PAGE 6 8) Prior to the issuance of building and/or grading permits, the Final Tract Map No. 84168 shall be approved by the City and recorded with the Los Angeles County Recorder. I Tentative Tract Map No. 84168 shall not become effective until the Downey City Council approves the Final Tract Map, and said Map is recorded with the Los Angeles County Recorder. 9) Prior to the recording of the Final Tract Map, the applicant shall pay all "Park in -lieu fees, as required by Municipal Code Section 9931.8. 10) The Tract Map shall be recorded with Los Angeles County Recorder's office within one (1) year of this date, April 17, 2024. Time extensions, not to exceed one (1) year, may be granted and approved by the Community Development Director if a written request is received by the within thirty (30) days prior to expiration. 11) The Final Map shall be submitted for review, processing, and recording at least ninety (90) days prior to the expiration of the Tentative Map. 12) The final map shall be recorded in accordance with the approved Tentative Tract Map, date stamped April 17, 2024, and to the satisfaction of the Public Works Director. 13) Prior to recordation of the Final Map, current ownership evidence such as updated preliminary title reports and deeds shall be submitted for review. 14) All conditions of approval herein, as applicable: shall be satisfied prior to recordation of a final map or as otherwise specified herein. 15) In the event the project Site Plan Review project becomes expired, at the expense of the applicant the Community Development Director shall have cause and authorize to revert the lot _back to its original subdivision state at the property owner's -expense.