HomeMy WebLinkAbout3. PLN-12-00101 & PLN-12-00196 (sr)STAFF REPORT
DATE: SEPTEMBER 19, 2012
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-12-00101 & PLN-12-00196 (TENTATIVE PARCEL MAP AND GENERAL
PLAN CONSISTENCY) - A REQUEST TO SUBDIVIDE ONE RESIDENTIAL LOT
INTO TWO PARCELS AND A GENERAL PLAN CONSISTENCY FINDING
ALLOWING THE VACATION OF AN EASEMENT FOR FUTURE ROAD FOR
PROPERTY LOCATED AT 12504 SMALLWOOD AVENUE.
CEQA
Staff has reviewed the proposed project for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, staff determined that this request is categorically
exempt from CEQA, pursuant to Guideline Section No. 15315 (Class 15, Minor Land Divisions).
Categorical Exemptions are projects, which have been determined not to have a significant effect
on the environment and have been exempted from the requirements of the California
Environmental Quality Act. Class 15, includes division of property for residential use into four or
fewer parcels including this request. It is staff’s opinion the proposed subdivision will not have a
significant effect on the environment; thereby qualifying for the Class 15 exemption.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolutions:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING
A TENTATIVE PARCEL MAP (PLN-12-00101); TH EREBY APPROVING THE SUBDIVISION OF
ONE (1) RESIDENTIAL PARCEL INTO TWO (2) NEW PARCELS, ON PROPERTY LOCATED
AT 12504 SMALLWOOD AVENUE.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING
A FINDING AND RECOMMENDING THAT THE CITY COUNCIL APPROVE THE GENERAL
PLAN CONSISTENCY FINDING (PLN-12- 00196); THEREBY DETERMINE THAT THE
VACATION OF AN EASEMENT FOR FUTURE ROAD PURPOSES ON THE SUBJECT LOT IS
CONSISTENT WITH THE CITY’S GENERAL PLAN FOR PROPERTY LOCATED AT 12504
SMALLWOOD AVENUE, ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL).
CODE AUTHORITY
The applicant is making his request and the Planning Commission's authority to act on the
request are being made pursuant to the following pr ovisions of the Municipal Code: Section 9911
et seq. (Tentative Maps) and Government Code Section 65402 (General Plan Consistency
Finding).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
12504 Smallwood Ave
SITE DESCRIPTION
A. Subject Property
1. Property Information
Site Location: 12504 Smallwood Ave
(AI N 6245-020-035)
2. Applicant Information
Applicant: Hank Jong
EGL Associates, Inc.
11819 Goldring Road, Unit A
Arcadia, CA 91006
Property Owner: Donald & Margaret Jervis
10841 Paramount Blvd # 203
Downey 90241
3. CEQA Determination:
Categorical Exemption, Class 15
(Minor Land Divisions)
4. Noticing Information
Applicant Notification: August 23, 2012
Required Action Date: February 20, 2013
B. Surrounding Properties
Zone Use
North R-1 5,000 (Single Family Residential) Single Family Homes
R-1 5,000 (Single Family Residential) Single Family Homes
East
South R-1 5,000 (Single Family Residential) Single Family Homes
West R-1 5,000 (Single Family Residential) Apollo Public Park
PLN-12-00101 & 00196 – 12504 Smallwood Ave
September 19, 2012 - Page 2
C. Site Photograph of Subject Property
View of site from Smallwood Ave
BACKGROUND
The 16,740 square foot site is a regular shaped lot that has an approximate depth of 139.57’ and
a width of 120’ that includes a 25’ easement. The site is fronted, and accessed by, Smallwood
Avenue. A public park (Apollo) locates adjacent and parallel to the western property line for the
entire depth of the 25’ easement. The subject property has a General Plan Land Use Designation
of Low Density Residential (LDR). The property is currently zoned R-1 5,000 (Single Family
Residential) and is developed with two detached si ngle family homes that will be demolished.
On April 17, 2012, the applicant submitted an application requesting to subdivide the lot into two
new parcels. After a careful review of the proposal, staff deemed the application incomplete on
May 17, 2012 and again on July 3, 2012, due to missing information on the project plans and
other requirements from various City departments. Since that time, staff has worked with the
applicant to ensure the project meets all of the City's development requirements.
On July 17, 2012, the applicant submitted the remainder of the information requested by staff in
order to complete the application. Accordingly, staff deemed the application complete on August
23, 2012. On September 6, 2012, notice of the pending application published in the Downey
Patriot and mailed to all property owners within 500' of the subject site.
DISCUSSION/ANALYSIS
The applicant is proposing to subdivide the 16,740 square foot parcel into two new parcels. All
existing structures on the property will be demolis hed in order to comply with the development
standards for the newly created parcels. Additionally, the applicant is proposing a 25 foot wide
private street that provides access to the two new parcels. Since the proposed street will be
constructed on the 25 foot easement, the City Public Works Engineering Department is requesting
the applicant to proceed with the summary vacation of the easement. Thus, Government Code
Section 65402 stipulates that the City Council shall approve the General Plan Consistency
Finding for the summary street vacation prior to utilizing the 25 foot wide easement for private
road purposes. More specifically, the project includes the following applications:
1. Tentative Parcel Map No. 71874 -To subdivide the existing 16,740 square foot residential
parcel into two (2) parcels.
2. General Plan Consistency Finding -To find that the vacation of an easement for future
road purposes on the subject lot is consistent with the City’s General Plan.
PLN-12-00101 & 00196 – 12504 Smallwood Ave
September 19, 2012 - Page 3
Tentative Parcel Map
The applicant is proposing to subdivide a 16,740 square foot parcel into two parcels measuring 8,400
square feet and 8,340 square feet with a frontage of 69.52 feet and 70 feet and a depth of 95 feet.
Said parcels will meet all the minimum developmen t requirements of the R-1 5,000(Single-Family
Residential) zone as demonstrated in the above table. The parc els will include the 25 foot wide
easement that serves as a private street to the new properties. Should the request for lot
subdivision be approved by the Planning Commission, the City Council will find and approve that
the vacation of an easement for future road purposes on the subject lot is consistent with the
City’s General Plan. Furthermore, it is staff’s opinion that the request is practical since the new
parcels will front the private street and will lessen vehicular traffic movement on Smallwood
Avenue and the Leeds Street.
The proposed project meets or exceeds all dev elopment standards for the R-1 5,000 zone. A
summary of the development standards for the newly created lots is as follows:
Standard Requirement Proposed
Lot Parcel 1 Parcel 2
Area 5,000 sq. ft. min. 8,340 sq. ft. 8,400 sq. ft.
Width 50’ 69.52’ 70’
Depth Conform to average 120’ including 25’ wide 120’ including 25’ wide
depth of adjacent lots easement access easement access
(100’)
After reviewing the application, staff is pleased with the design of the proposed map and is
recommending that the Planning Commission approve the project, subject to conditions of
approval stated in the Resolution.
General Plan Consistency Finding
Currently, the 25 foot easement is owned by the owner of the subject lot. It is intended to be used
for ingress, egress, utilities, and future road purposes; however, the owner/applicant proposes to
utilize the easement as a private street in order for him to establish two new lots. Notwithstanding
this, State of California Government Code Section 65402 requires that the City adopt a finding to
determine that the vacation of an easement for future road purposes is consistent with the
adopted General Plan.
In considering this, staff has noted that the subject property has a General Plan Land Use
Designation of Low Density Residential (LDR). According to the General Plan, “ The Low Density
Residential designation allows typically for detached single-family residential units at densities of
1 to 8.9 housing units per acre, or roughly equivalent to a maximum of one housing unit for a
standard 5,000 square foot lot .” By allowing the vacation of the easement, the applicant will
facilitate the subdivision of a large 16,740 square foot lot into two smaller lots at more than 5,000
square foot area per lot, which is consistent with the General Plan Land Use Designation.
Furthermore, it is a policy of the General Plan (Policy 1.3.1) to “ Minimize or eliminate conflicts
where incompatible land uses are in proximity to each other. ” This policy is implemented by
General Plan Program 1.3.1.5 that states “ Encourage land uses consistent with the area’s
designation as properties recycle. ” It is staff’s opinion that allowing the vacation of an easement to
establish two new parcels will assist in implementing the policy and program since. Therefore,
staff believes that the summary vacation of the easement is consistent with the General Plan and
that the Planning Commission can make this finding.
PLN-12-00101 & 00196 – 12504 Smallwood Ave
September 19, 2012 - Page 4
FINDINGS
The Municipal Code sets forth several findings the Planning Commission must adopt for the
various applications. A discussion is as follows:
1. That the proposed map is consistent with the General Plan.
The proposed map is consistent with the Downey General Plan. The subject property is
located in the “Low Density Residential” land use designation, as stated in the Downey Vision
2025, the City’s general plan. The proposed map will enable the future construction of
residential dwellings at a density consistent with this designation. The proposed map is
consistent with Program 1.3.1.5 of the Land Use Chapter: “Encourage land uses consistent
with the area’s designation as properties recycle.” The future residential dwellings will also
implement the housing goals of the Downey Housing Element by providing more housing
opportunities to residents.
2. That the site is physically suitable for the type and density of development.
The subject property is physically suitable for the proposed type of development due to its
relatively large regular shape, which allows sufficient space for the creation of a private street
for access and frontage through an easement and for the creation of lots with regular shapes.
3. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
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 and
will not create serious public health problems.
4. That 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
within the proposed subdivision.
The project will not conflict with the proposed street for access through an easement that has
been dedicated for future street purposes. The propo sed map will not obstruct existing
drainage, water, and utility easements along the south and west perimeter lot lines of the
subject property.
5. That 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 design of the proposed map is not likely to cause substantial environmental damage.
The design accounts for setbacks, walls, landscape buffers, and other standards required by
the Downey Municipal Code to minimize impacts between the subject property and adjacent
residential 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 for residential purposes, and therefore, no fish or wildlife presently exist at the site.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
PLN-12-00101 & 00196 – 12504 Smallwood Ave
September 19, 2012 - Page 5
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed project is
consistent with the goals and intent of the General Plan and Zoning Code. Furthermore, staff is
concluding that the proposed subdivision for the new residential units will complement the area
and provide a general upgrade to the aesthetic quality of the area. Finally, as noted above, staff
believes that all of the required findings to approve the General Plan Consistency Finding and
Tentative Parcel Map can be made in a positive manner . As such, staff is recommending that the
Planning Commission adopt the General Plan Consistency Finding (PLN-12-00196), recommend
that the City Council approve the Summary Street Vacation and approve the Tentative Parcel
Map (PLN-12-00101) , subject to the recommended conditions of approval.
H:\Community Development\Nguyen\CASES\TPM\12504 Smallwood (Sept 2012)\12-00101 & 00196 Staff Report.doc
PLN-12-00101 & 00196 – 12504 Smallwood Ave
September 19, 2012 - Page 6
RESOLUTION NO. 12-_____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING A TENTATIVE PARCEL MAP (PLN-12-00101); THEREBY APPROVING
THE SUBDIVISION OF ONE (1) RESIDE NTIAL PARCEL INTO TWO (2) NEW
PARCELS, ON PROPERTY LOCATED AT 12504 SMALLWOOD AVENUE.
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1.
The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On April 17, 2012, the applicant submitted a request for a Tentative Parcel Map to
subdivide the subject parcel into two residential parcels. After a review of the request,
staff deemed the applications incomplete on May 17, 2012 due to missing information on
the project plans; and,
B. On July 17, 2012, the applicant filed conc urrently the General Plan Consistency Finding
for the vacation of an easement for future street purposes. Accordingly, staff deemed
the application complete on August 23, 2012; and,
C. On September 6, 2012, notice of the pending project was advertised in the Downey
Patriot , as well as mailed to all property owners within 500’ of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on September 19, 2012,
and after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted Resolution No. 12-______.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15315 (Class 15, Minor Land Divisions).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
1. That the proposed map is consistent with the Downey General Plan. The subject
property is located in the “Low Density Residential” land use designation, as stated in
the Downey Vision 2025, the City’s general plan. The proposed map will enable the
future construction of residential dwellings at a density consistent with this designation.
The proposed map is consistent with Program 1.3.1.5 of the Land Use Chapter:
“Encourage land uses consistent with the area’s designation as properties recycle.” The
future residential dwellings will also implement the housing goals of the Downey Housing
Element by providing more housing opportunities to residents.
2. That the subject property is physically suitable for the proposed type of development due
to its relatively large regular shape, which allows sufficient space for the creation of a
private street for access and frontage through an easement and for the creation of lots
with regular shapes.
Resolution No. 12-______
Downey Planning Commission
3. That 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 and will not create serious public health problems.
4. That the project will not conflict with the proposed street for access through an easement
that has been dedicated for future street purposes. The proposed map will not obstruct
existing drainage, water, and utility easements along the south and west perimeter lot
lines of the subject property.
5. That the design of the proposed map is not likely to cause substantial environmental
damage. The design accounts for setbacks, walls, landscape buffers, and other
standards required by the Downey Municipal Code to minimize impacts between the
subject property and adjacent residential 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 for residential purposes, and
therefore, no fish or wildlife presently exist at the site.
SECTION 4. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the Ci ty of Downey hereby approves the Tentative
Parcel Map (PLN-12-00101), subject to condition s 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 5. The Secretary shall certify the adoption of this Resolution.
th
PASSED, APPROVED AND ADOPTED this 19 day of September, 2012
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
th
Commission of the City of Downey at a regular meeting thereof, held on the 19 day of
September, 2012 by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
PLN-12- 00101 – 12504 Smallwood Ave
September 19, 2012 - Page 2
Resolution No. 12-______
Downey Planning Commission
TENTATIVE PARCEL MAP (PLN-12-00101)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Tentative Parcel Map (PLN-12-00101) allows for the subdivision of
a 16,740 square foot parcel into two residential parcels on property located at 12504
Smallwood Ave (AIN 6245-020-035).
2) Approval of this Tentative Parcel Map 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.
3) 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.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) Prior to the issuance of building and/or grading permits, the Final Parcel Map and the
Summary Street Vacation shall be approved by the City and recorded with the County of
Los Angeles.
6) Construction hours shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
There shall be no construction on the site outside of these hours.
7) All lights on the property shall be directed, positioned, and/or shielded such that they do
not illuminate surrounding properties and the public right-of-way.
8) The applicant shall maintain the property line walls on the west and north side of the
easement. Should damage occur to these walls as a result of construction, the applicant
shall be responsible to replace the applicable section of the wall.
9) All buildings and walls, including ground level windows, shall be finished with graffiti
resistant materials. Prior to the issuance of building permits, the applicant shall
demonstrate to the satisfaction of the City Planner, that the finished materials will comply
with this requirement.
PLN-12- 00101 – 12504 Smallwood Ave
September 19, 2012 - Page 3
Resolution No. 12-______
Downey Planning Commission
10) Any graffiti applied to the site shall be removed within 48 hours.
11) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq.
12) All signs shall comply with Chapter 6 of Article IX of the Downey Municipal Code.
BUILDING
13) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
14) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the site.
PUBLIC WORKS
15) The owner/applicant shall demonstrate on the building plans that the proposed building
footprint will not encroach onto or over the existing storm drain easement.
16) The owner/applicant shall provide fire apparatus hammerhead access to meet the
requirements of the Public Works Department and the Fire Department.
17) The owner/applicant hereby consents to the ann exation of the property into the Downey
City Lighting Maintenance District in accordance with Division 15 of the Streets and
Highways Code, and to incorporation or annexation into a new or existing Benefit
Assessment or Municipal Improvement District in accordance with Division 10 and
Division 12 of the Streets and Highways Code and/or Division 2 of the Government
Code of the State of California.
18) The owner/applicant shall install parkway landscaping and street trees across the
property frontage (future private street) as required by the Director of Public Works.
19) The owner/applicant shall be required to complete a construction & demolition (C&D)
waste management plan per Article V, Chapter 8 of the Downey Municipal Code.
20) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act;
the General Construction Activities Stormw ater Permit (GCASP) of the State, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department
of Public Works, and Ordinance 1142 of the Downey Municipal Code. Furthermore, the
owner/applicant shall provide a design that conveys all onsite drainage over a vegetative
swale a minimum distance of 20 feet and retain the first 0.75 inches of drainage onsite
using either surface detention basins or below grade facilities with flow in excess of the
first 0.75 inches allowed to overflow by underground drains to an existing Los Angeles
County Public Works storm drain.
21) All onsite utilities shall be installed underground.
PLN-12- 00101 – 12504 Smallwood Ave
September 19, 2012 - Page 4
Resolution No. 12-______
Downey Planning Commission
22) The owner/applicant shall submit an engineered grading plan and/or hydraulic
calculations and site drainage plan for the si te (prepared and sealed by a registered civil
engineer in the State of California) for approval by the Engineering Division and Building
and Safety Division. All lot(s) shall not have less than one (1%) percent gradient on any
asphalt or non-paved surface, or less than one quarter (1/4%) percent gradient on any
concrete surface. Provide the following information on plans: topographic site
information, including elevations, dimensions/location of existing/proposed public
improvements adjacent to project (i.e. str eet, sidewalk, parkway and driveway widths,
catch basins, CATV pull box, Edison pull box, enclosure and pedestal, vent pipe, street
lights); the width and location of all existing and proposed easements; the location, depth
and dimensions of potable water, reclaimed water and sanitary sewer lines; chemical
and hazardous material storage, if any, including containment provisions.
23) The owner/applicant shall reconstruct/install curb, gutter, sidewalk, disabled ramps,
portland cement concrete driveway approaches , two(2) (24-inch box with 2-inch
diameter trunk) street trees, and pavement along property frontage to the standards of
the Department of Public Works. Broken, uneven, or sub-standard curb, gutter,
sidewalk, driveway, disabled ramps and pavem ent, shall be replaced to the satisfaction
of the Public Works Department. Contact the Public Works Inspection Office at (562)
904-7110 to have these areas identified just prior to initiating a grading plan. The
owner/applicant shall obtain all necessary plan approvals and permits and shall provide
that the standards of improvements, construction materials, and methods of construction
shall be in conformance with the Standard Plans and Specification for Public Works
Construction and as modified by the City of Downey’s Standard Plans and
Specifications.
24) All driveway approaches shall be as wide as the driveway or parking aisle they serve.
25) All installed pavement shall consist of a minimum section of four inch (4”) thick
aggregate base, and a minimum 2-1/2” thick asphalt concrete pavement.
26) The owner/applicant shall install a sewer main or sewer lateral (to the front property line)
for each lot and shall provide that the design and improvements of sewers shall be to the
standards of the City Engineering Division. Septic systems are not acceptable.
27) Prior to the final of building permits, the owner/applicant shall provide that all
construction graffiti created as part of this project in the public right-of-way shall be
removed.
28) The owner/applicant shall provide that no easements of any type be granted over any
portion of the subdivision to any agency, utility or organization (private or public), except
to the City of Downey prior to recordation of the parcel map. The owner/applicant shall
grant easements in the name of the City shall include: 1) Vehicular easements, 2)
Walkway easements, 3) Drainage easements, 4)Utility easements.
29) Prior to the issuance of building permits, the owner/applicant shall submit a recorded
mylar copy of the final map, a digital AutoCAD format file (AutoCAD 2000 or later) and
scanned, uncompressed TIFF images of Final Map on a CD-ROM media.
PLN-12- 00101 – 12504 Smallwood Ave
September 19, 2012 - Page 5
Resolution No. 12-______
Downey Planning Commission
30) The owner/applicant shall furnish and install a new dedicated potable water service line,
meter, and meter box. The size of meter and water line shall be as determined by the
Director of Public Works.
31) The owner/applicant shall furnish and install a dedicated water service line, meter, and
meter box for the landscaping irrigation system. The size of meter and water line shall be
as determined by the Director of Public Works.
32) If applicable, the owner/applicant shall furnish and install backflow device(s) in
accordance with the Department of Public Works and the State and County Department
of Health Services requirements.
33) If applicable, the owner/applicant shall confirm availability of adequate fire flow and
pressure in accordance with the Department of Public Works and Downey Fire
Department requirements.
34) If applicable, the owner/applicant shall furnish and install the public potable water
improvements, including extension and/or r eplacement of existing mains and associated
facilities, necessary to provide adequate fire flow and pressure to the site.
35) If applicable, the owner/applicant shall provide and record utility easement(s) for access
to, and inspection and maintenance of, public water lines, meters and appurtenances,
and backflow devices.
36) If applicable, the owner/applicant shall furnish and install sanitary sewer lateral(s) and
associated facilities within the public right of way in accordance with the requirements of
the Department of Public Works.
37) Utility plans shall be submitted to and approved by the Department of Public Works prior
to the issuance of the grading plan permit
FIRE DEPARTMENT
38) Plans to be submitted through Building and Safety and shall comply with 2010 California
Fire Code, 2010 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
39) A fire sprinkler system and a fire alarm system shall be installed. Approval of the
sprinkler and alarm systems shall be done through a ‘Deferred Submittal” in which
additional requirements to meet the Code may be added.
40) Smoke detectors shall be installed. Provide manufacturer specifications for all
equipment to be installed.
H:\Community Development\Nguyen\CASES\TPM\12504 Smallwood (Sept 2012)\12-00101 PC Reso - TPM.doc
PLN-12-00101 – 12504 Smallwood Ave
September 19, 2012 - Page 6
RESOLUTION NO. 12-______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
ADOPTING A FINDING AND RECOMMENDING THAT THE CITY COUNCIL
APPROVE THE GENERAL PLAN CONS ISTENCY FINDING (PLN-12-00196);
THEREBY DETERMINE THAT THE VACATI ON OF AN EASEMENT FOR FUTURE
ROAD PURPOSES ON THE SUBJECT LOT IS CONSISTENT WITH THE CITY’S
GENERAL PLAN FOR PROPERTY LOCATED AT 12504 SMALLWOOD AVENUE,
ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. On July 17, 2012, the applicant submitted a request for the General Plan Consistency
Finding to determine that the vacation of an easement for future road purposes on the
subject lot is consistent with the City’s General Plan; and,
B. The applicant has also filed concurrently, a Tentative Parcel Map (PLN-12-00101) to
subdivide one residential parcel into two parcels; and,
C. On September 6, 2012, notice of the pending project was advertised in the Downey
Patriot , as well as mailed to all property owners within 500’ of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on September 19, 2012,
and after fully considering all oral and written testimony and facts and opinions offered at
the aforesaid public hearing, adopted Resolution No. 12-______.
SECTION 2. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the General Plan Consistency Finding, the Planning Commission
further finds, determines and declares that:
1. WHEREAS, the City of Downey Vision 2025 General Plan was adopted on January 25,
2005;
2. WHEREAS, the State of California Government Code Section 65402, requires the City
of Downey shall not acquire, use, or dispose of any real property until the use of the
property has been found in conformance with the City’s General Plan;
3. WHEREAS, the proposed easement vacation has been reviewed by the Public Works
Engineering Department, and based on the existing land use and roadway configuration,
it is no longer required for public street and highway purposes;
4. WHEREAS, the subject easement vacation is located along the west perimeter lot line of
the subject property; and,
5. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby find
the proposed easement vacation is in conformance to the City’s General Plan.
Resolution No. 12-_____
Downey Planning Commission
SECTION 3. The Planning Commission hereby recommends that the City Council
approve the Summary Street Vacation for pr operty located at 12504 Smallwood Avenue (AIN
6245-020-035), as noted in Exhibit ‘A’ of this Resolution.
SECTION 4 . The Secretary shall certify the adoption of this Resolution.
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PASSED AND ADOPTED this 19
day of September, 2012
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
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Commission of the City of Downey at a regular meeting thereof, held on the 19 day of
September, 2012 by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
NOES: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
PLN-12- 00196 – 12504 Smallwood Ave
September 19, 2012 - Page 2
Resolution No. 12-_____
Downey Planning Commission
GENERAL PLAN CONSISTENCY FINDING (PLN-12-00196)
EXHIBIT ‘A’
Existing General Plan Vision 2025
Sub ect Site
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Existing General Plan Vision 2025
PLN-12-00196 – 12504 Smallwood Ave
September 19, 2012 - Page 3