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HomeMy WebLinkAboutResolution No. 6656 RESOLUTION NO. 6656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPEAL AND APPROVING TENTATIVE TRACT MAP NO. 02 -54060 FOR AN EIGHT (8) UNIT CONDOMINIUM LOT ON PROPERTY LOCATED AT 9755 -9769 IMPERIAL HIGHWAY AND ZONED R -3, MEDIUM DENSITY MULTIPLE - FAMILY RESIDENTIAL. 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 by Safa Kaddis & Hofa Kaddis (hereinafter "applicant ") requesting a tentative tract map for an eight (8) unit condominium on property located at 9755 -9769 Imperial Highway / APN 6283- 015 -030 (hereinafter "subject property ") and zoned R -3, Medium Density Multiple- Family Residential. B. On November 20, 2002, the Planning Commission of the City of Downey 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, and adopted Resolution No. 2237, denying Tentative Tract Map No. 54060. C. On December 2, 2002, the City Clerk of the City of Downey received a request from the applicant for an appeal of the decision by the Planning Commission to deny Tentative Tract Map No. 54060. D. On January 14, 2003 and continued to April 8, 2003, the City Council of the City of Downey 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, and adopted Resolution No. 6656, approving the appeal and approving Tentative Tract Map No. 54060. 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 proposed map is consistent with the Downey General Plan. The subject site is located in the "Medium Density Residential" land use designation, as stated in the Downey Vision 2010, the city's general plan. The map will create an eight -unit residential condominium lot with a density consistent with this designation. The subdivision is consistent with Program 1.1.1.1. of the Land Use Chapter: "Encourage owner - occupied housing by establishing Planned Unit Development (PUD) overlay zones." The proposed 8 residential units will also implement the housing goals of the Downey Housing Element. No specific plans apply to the subject property. Resolution No. 6656 Page No. 2 B. The design and improvement of the proposed map is consistent with the Downey General Plan. The proposed design consists of 8 residential lots which is consistent with the planned unit development standards of the Downey Municipal Code and is typical of the owner - occupied development encouraged by the general plan. No specific plans apply to the subject property. C. The site is physically suitable for the type of development. The subject property meets the minimum standards for lot width, lot depth, and lot area required in the R -3 zone. The site is physically suitable for the proposed type of development due to its regular shape, street frontages, and relatively flat topography. D. The site is physically suitable for the proposed density of development due to its regular shape, street frontages, and relatively flat topography. The project has a proposed density of 21 units per acre (1 unit per 2,070 square feet), which does not exceed the maximum density of 24 units per acre allowed in the R -3 zone and "Medium Density Residential" land use designation stated in Downey Vision 2020, the city's general plan. E. The design of the proposed map is not likely to cause substantial environmental damage. The design includes setbacks, walls, landscape buffers, and other standards required by the Downey Municipal Code to minimize impacts between the subject property and adjacent residential and commercial properties. The project is not expected to substantially and avoidably injure fish or wildlife or their habitat, since the site is located in a built out urbanized area and has been developed in the past, and therefore, no fish or wildlife presently exist at the site. F. The project will not cause serious public health problems to neither the future occupants of the proposed development, since there are no sites nearby that pose health hazards, "-' nor the occupants of nearby properties, since the proposed development is for a residential use. G. The design of the project will not conflict with easements for access through or use of the subject property since there are no such easements. The project will not conflict with other necessary easements which will be kept intact by the map. H. An Initial Study (IS) of Environmental Impact and Negative Declaration (ND) were prepared for this project, 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 approves Tentative Tract Map No. 54060, subject to conditions of approval attached hereto as Exhibit A. Resolution No. 6656 Page No. 3 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 adopts the Negative Declaration of Environmental Impact prepared for this project. SECTION 5. This tentative tract map shall become null and void unless final approval is obtained within two years of this approval, pursuant to the California Subdivision Map Act. SECTION 6. The City Clerk shall certify the adoption of this Resolution. APPROVED AND ADOPTED this 8th day of April, 2003. RICK TREJO, Mayo? - . ATTEST: / / ' PfrAdaNde THLEEN L. MIDSTOKKE, 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 8th day of April, 2003 by the following vote, to wit: AYES: 4 Council Members: Bayer, Cartozian, Perkins, Mayor Trejo NOES: 0 Council Members: None ABSENT: 1 Council Members: McCarthy ABSTAIN: 0 Council Members: None (10dif.frfaK KATHLEEN L. MIDSTOKKE, City Clerk Resolution No. 6656 Page No. 4 TENTATIVE TRACT MAP NO. 02 -54060 EXHIBIT A - CONDITIONS PLANNING DIVISION 1) This approval is for an eight -unit condominium lot, on property with an approximate lot size of 0.38 acres, as shown on the tentative tract map and site plan received by the Downey Planning Division on March 21, 2003. Any deviations or exceptions from said map and plans shall not be permitted without the approval by the Downey Planning Commission. 2) The Downey 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 Tract Map No. 54060 shall be complied with before this tentative tract map becomes valid. 4) Prior to final approval of the map, the applicant shall pay to the City of Downey the required park in -lieu fees for 5 units (with credit given for the 3 existing units). 5) Prior to issuance of permits, a final tract map shall be approved by the Planning Commission and City Council, and Tract Map No. 54060 shall be recorded. 6) Prior to issuance of permits, the applicant shall obtain approval from the Design Review Board (DRB) of colors & materials, architecture design, and landscaping & irrigation, with the following changes considered: a) Raise the ceiling heights of the living rooms of units to the same levels as the dining rooms /kitchens, and revise roof and stairs layouts accordingly. 7) The driveway shall maintain a minimum width of 30 feet (on the ground and up to the second floor level) unobstructed by structures, curbs, or other objects, except for building features above the second floor level, which may encroach a maximum of 2.5 feet into the driveway width whereby a minimum width of 25 feet (open to the sky) is provided. 8) Pursuant to Section 9152.08(e)(4) of the Downey Municipal Code, a solid wall not less than 5 feet and no more than 7 feet in height above finished grade shall be constructed and maintained to screen the front uncovered parking spaces from the public street, with the following exception: a) The solid portion of the wall shall have a height of 3 feet and wrought iron fencing for the remainder height. Resolution No. Page No. 5 9) Pursuant to Section 9132.32(0 of the Downey Municipal Code, a solid masonry wall not less than 5.5 feet and no more than 7 feet in height above finished grade shall be constructed and /or maintained along perimeter lot lines of the subject property, except for the portions of the lot line within required street setbacks. The wall shall conform to the standards of Section 9152.28 of the Downey Municipal Code. -- BUILDING DIVISION 10) Obtain all necessary plan approvals and permits. 11) The owner /applicant shall install a sewer lateral to the existing sewer main along Benedict Avenue and sewer to each unit. 12) The owner /applicant shall provide the design and improvements of sewers to the standards of the Engineering Division and Building Division. 13) All electrical, telephone, and other utilities shall be installed underground or at the rear lot lines to the standards of the Engineering Division and Building Division. 14) The project shall comply with requirements of the Downey Municipal Code, Uniform Building Code, and California Building Code Title 24, including: a) Conform with Section 1208 of the California Building Code relating to sound transmission (noise) control for properties located where the Community Noise Equivalent Level (CNEL) exceeds 60 db. ENGINEERING DIVISION ,: 15) The owner /applicant shall obtain all necessary plan approvals and permits. 16) The owner /applicant shall dedicate two (2) feet for right -of -way purposes along Benedict Avenue, including the 8 —foot by 26 -foot rectangular- shaped portion of this property that projects along this frontage. 17) The owner /applicant shall construct /install curb, gutter, sidewalk, handicapped ramps, portland cement concrete driveway approaches, and pavement along Imperial Highway and /or Benedict Avenue to the standards and satisfaction of the City Engineering Division. Any damaged curb, gutter, sidewalk, or existing driveway approaches shall be replaced or reconstructed to the satisfaction of the City Engineering Division. Additionally, the owner /applicant shall install one street tree along Imperial Highway and two street trees along Benedict Avenue, with a minimum 24 -inch box size with 2 -inch diameter trunk dimensions for each tree. Resolution No. 6656 Page No. 6 18) The owner /applicant shall submit an engineered grading plan for the site (prepared and sealed by a registered civil engineer in the State of California) for approval by the Engineering Division and Building and Safety Division, including the following: a) All lot(s) shall not have less than a one (1 %) percent gradient on any asphalt or non -paved surface, or less than one quarter (1/4 %) percent gradient on any concrete surface. b) Whenever the grade differential exceeds one foot, a retaining wall shall be provided. The owner /applicant shall provide drainage calculations for drainage structure design. 19) The owner /applicant shall install pavement, which consists of a minimum section of 4 -inch thick aggregate base, and a minimum 2 -1/2 -inch asphalt concrete pavement. 20) The owner /applicant shall install one 22,000 -lumen high pressure sodium street light on a new marbelite standard with underground service along the Benedict Avenue frontage. 21) The owner /applicant hereby consents to the annexation of the property into the Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways Code. 22) The owner /applicant shall provide that the standards of improvement, construction materials, and methods of construction shall be in conformance with the Standard Plans and Specifications for Public Works Construction and as modified by the City of Downey's Standard Plans and Specifications. 23) The owner /applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements as established by the Clean Water Act, and as required by the California Regional Water Quality Control Board. 24) The owner /applicant shall provide that all construction graffiti created as part of this project in '-' the public right of way be removed. 25) The owner /applicant shall submit a recorded mylar copy of the map. 26) The owner /applicant shall submit a digital AutoCAD format file (AutoCAD 2000 or later) of Tract Map No. 53878. 27) The owner /applicant shall submit a scanned, uncompressed TIFF images of Tract Map No. 53878 on CD -ROM media. Resolution No. 6656 Page No. 7 WATER DEPARTMENT 28) The owner /applicant shall provide that each unit shall have its own water meter. 29) The owner /applicant shall set and locate water meters in the public right -of -way. FIRE DEPARTMENT 30) The project shall comply with the requirements of the Uniform Fire Code and the California Fire Code.