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HomeMy WebLinkAboutResolution No. 5746 RESOLUTION NO. 5746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING TENTATIVE PARCEL MAP NO. 23809 FOR THE PROPERTY LOCATED AT 13032 BARLIN AVENUE 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. An application was filed with the City Planning Department by Eurila Enterprises (hereinafter "Applicant ") requesting a tentative parcel map to subdivide a 12,800 square foot parcel into two Tots, property zoned R1- 5000 (Single Family Residential) located at 13032 Barlin Avenue, Downey, California (hereinafter "Subject Property ") . B. The Planning Commission held a duly noticed public hearing on November 3, 1993, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 1664 approving the tentative parcel map. C. On November 9, 1993, Councilmember Diane Boggs filed a timely appeal of the decision of the Planning Commission approving the Tentative Parcel Map. D. The City Council held duly noticed public hearings on December 14, 1993, and January 11, 1994, concerning this resolution and fully and carefully considered all oral and written testimony and all facts and opinions offered at the aforesaid public hearing prior to adopting this resolution. SECTION 2. Having considered all of the oral and written testimony and all facts and opinions offered at the public hearing before it, the City Council further finds, determines and declares that: A. In accordance with Section 66474 (a) of the State Subdivision Map Act (SSMA), the proposed tentative parcel map is consistent with the City's newly adopted General Plan goals and policies. A General Plan goal requires the preservation and promotion of the quality of our single - family residential areas (GP, Land Use,I -4). To achieve this goal, the following policy was adopted: "The city shall regulate residential density to reflect minimum lot sizes appropriate for the respective neighborhood" (GP, Policy 1.1.2). This subdivision maintains this policy by creating two (2) 5,000 square foot parcels as required by the Downey Municipal Code. Resolution No. 5746 Page 2 B. In accordance with Section 66474 (b) of the State Subdivision Map Act (SSMA), the proposed subdivision design is consistent with the City's newly adopted General Plan goals and policies. A General Plan goal requires the preservation and promotion of the quality of our single - family residential areas (GP, Land Use,I -4). To achieve this goal, the following policy was adopted: "The city shall regulate residential density to reflect minimum lot sizes appropriate for the respective neighborhood" (GP, Policy 1.1.2). This subdivision maintains this policy by creating minimum 5,000 square foot lots as required by the R1 -5,000 zone. The proposed lot pattern is compatible with the surrounding area. C. In accordance with Section 66474 (c) and (d) of the State Subdivision Map Act (SSMA), the site is physically suitable for this type of development and density because two 5,000 square foot lots can be developed in conformance with the R1-5,000 zone. D. In accordance with Section 66474 (e) and (f) of the State Subdivision Map Act (SSMA), the design of the proposed subdivision is not likely to cause substantial environmental damage, substantially injure fish or wild life or cause serious public health problems since no fish or wild life inhabit the site, and the residential development is not of the magnitude to cause public health problems. E. In accordance with Section 66474 (g) of the State Subdivision Map Act (SSMA), the proposed subdivision will not conflict with any easements acquired for the public at large, since no easements exist on the subject site. F. In taking this action, the City Council has considered the effects of the decision on the housing needs of the region in which the City is located and balanced those needs against the public service needs of the City residents and available fiscal and environmental resources. G. The conditions imposed on the Subject Property by this action as described in Exhibit A, are necessary to preserve the health, safety and general welfare of the community and enable the City Council to make the findings set forth in this section. The conditions are fair and reasonable for the accomplishment of these purposes. Resolution No. 5746 Page 3 SECTION 3. The environmental impact of the proposed development has been reviewed and has been found to be Class 15 categorically exempt from the California Environmental Quality Act (C.E.Q.A.). SECTION 4. 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 the tentative parcel map, and approves Tentative Parcel Map No. 23809. SECTION 5. Pursuant to Government Code Section 65907 and Code of Civil Procedure Section 1094.6, any action or proceeding to attach, review, set aside, void or annul this decision, or concerning any of the proceedings, acts, or determinations taken, done or made to such decision, or to determine the reasonableness, legality or validity of any condition attached to this decision shall not be maintained by any person unless the action or proceeding is commenced within ninety (90) days of the date of this Resolution and the City Council is served within one hundred twenty (120) days of the date of this Resolution. The City Clerk shall send a certified copy of this Resolution to the Appellant at the address of said person set forth in the record of the proceedings and such mailing shall constitute the notice required by Code of Civil Procedure 1094.6. SECTION 6. The City Clerk shall certify the adoption of this Resolution. PASSED APPROVED AND ADOPTED this 1 1th day of January, 1994. l ' AIPP /_4C4f obert Brazelton Mayor ATTEST: i ) - 1; > 7 )(/ - 16.te'L Judith E. McDonnell i City Clerk Resolution No. 5746 Page 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof, held on the 11 th day of January, 1994, by the following vote of the City Council: AYES: 5 Councilmembers: McCaughan, Riley, Boggs, Lawrence, Brazelton NOES: 0 Councilmembers: None ABSENT: ° Councilmembers: None ABSTAIN: 0 Councilmembers: None d c r. - . a 4 , 6 r J udith E. McDonnell City Clerk Resolution No. 5746 Page 1 Exhibit A Conditions of Approval PLANNING 1. This approval is for a tentative parcel map to subdivide a 12,800 square foot parcel into two 5,000 + square foot parcels as shown on the tentative parcel map dated October 28, 1993 and the revised site plans /elevation dated January 4, 1994. Deviations or exceptions from said approval shall not be permitted without approval of the City Planning Commission. 2. The Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety, and general welfare. 3. All conditions of Tentative Parcel Map 23809 and Zone Variance No. 93 -57 shall be complied with before this tentative parcel map becomes valid. 4. A Final Parcel Map shall be approved by the Planning Commission and City Council; and recorded with the Los Angeles County Recorder prior to the issuance of a building permit. 5. The applicant /developer shall pay the appropriate park fees for one lot prior to final map approval. 6. Parking, driveway, and landscaping areas shall be constructed and permanently maintained in conformance with Sections 9150 and 9152 of the Downey Municipal Code. 7. If any City approval is contingent on any changes to the plans as submitted, the applicant shall submit three copies of revised plans, incorporating all approved amendments, overlays, modification, etc. to the Planning Division prior to issuance of building permits. 8. Development on the rear lot (Lot 1) shall be limited to single -story construction or if two stories, development shall be limited to the area designated on the map attached hereto as Exhibit A -1. The applicant shall place a deed restriction on Lot 1 which restricts development as provided in this condition. This restriction shall be in the form approved by the City Attorney. BUILDING AND SAFETY 9. The applicant /developer shall construct separate sewers to each dwelling to the standards of the City's Engineering and Building and Safety Divisions. Resolution No. 5746 Page 2 10. The applicant /developer shall install all electrical and telephone utilities underground to the standards of the City Engineering Division and Building and Safety Division. 11. The applicant /developer shall obtain all necessary plan approvals and permits. ENGINEERING 12. The applicant shall relinquish and record a drainage egress and vehicular /pedestrian right of ingress /egress across Parcel 2 for Parcel 1 with the Los Angeles County Recorder, and file a copy with the City's Engineering and Planning Divisions. 13. The applicant /developer shall construct a portland cement concrete driveway approach on Barlin Avenue to the standards of the City's Engineering Division. 14. The applicant /developer shall replace any existing curb depressions with curb and gutter to the standards of the City's Engineering Division. 15. The applicant /developer shall install a parkway tree on the Barlin Avenue frontage. Said improvements shall be permanently maintained to the standards of the Department of Public Works and the City's Engineering Division. Any damaged curb, gutter, sidewalk, and /or driveway approaches shall be replaced to City standards. 16. The applicant /developer shall submit an engineered grading and drainage plan for the site re ared by a registered iv' (p c it engineer) for ora approval to the City's Y 9 ) pp t e C ty s Engineering and Building and Safety Divisions, and the lot shall drain to Barlin Avenue and have not Tess than a one (1 %) percent grade, and whenever the grade differential exceeds one (1) foot, a retaining wall shall be provided. 17. The property owner hereby consents to the annexation of the property Y o to oert into the Y p p tot Y Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highway Code. 18. The standards of improvements, construction materials, and methods of construction shall be accomplished in conformance with the standard plans and specifications as outlined by the city of Downey. 19. All necessary drainage structure shall be approved h ' Y g by the City's Engineering Division. 20. The applicant /developer shall provide sewer laterals to Barlin Avenue for each lot in the proposed subdivision. 21. The design and improvement of the sewers shall be to the standards of the City's Engineering Division. 22. The applicant /developer shall fill in the triangular area between the sidewalk and the street property line adjacent to the freeway right -of -way with portland cement concrete. FIRE 23. The twenty (20') wide driveway /easement across Lot 2 shall be posted and maintained as a Fire Lane area with prohibited parking. �—� l•t" — v 4 t 1 , a r 4 l 1 r 0 I 0 t- k ,-k � N I a0 ,� m , e • O ' `'` j . �O 0 74 r 2 7 °c ° ®d m m ": IA - Y , II - ,,,,....„ ter ( \J P ' , , 4- V.- r o . - . , d Li:. e ' i t 4/ N - . 1= - - , 4 �__t� ..__- • ° 1 ,,\ -. A l ii i \ \ifi , r )i''' r„ ! 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