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HomeMy WebLinkAbout2. PLN-13-00102 - 9306 Gallatin STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: JULY 3, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-13-00102 (TENTATIVE PARCEL MAP) – A REQUEST TO SUBDIVIDE A 30,051 SQUARE FOOT PARCEL INTO THREE APPROXIMATE 10,000 SQUARE FOOT PARCELS. LOCATION: 9306 GALLATIN RD (AIN 6390-027-010 & 6390-027-011) ZONING: R-1 10,000 (SINGLE FAMILY RESIDENTIAL) REPORT SUMMARY The proposed request is for Tentative Parcel Map No. 72313 (PLN-13-00102), a request to subdivide a 30,051 square foot parcel that is improved with a single family residence into three parcels, each of which is approximately 10,000 square feet. Based on the analysis contained within this report, staff feels that all required findings to approve the project can be made in a positive manner; as such, staff is recommending the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE PARCEL MAP NO. 72313 (PLN-13- 00102), THEREBY ALLOWING THE SUBDIVISION OF A 30,051 SQUARE FOOT PARCEL INTO THREE APPROXIMATE 10,000 SQUARE FOOT PARCELS ON PROPERTY LOCATED AT 9306 GALLATIN RD, ZONED R-1 10,000 (SINGLE FAMILY RESIDENTIAL). BACKGROUND The subject site is a 30,051 square foot parcel on the southeast corner of Gallatin Rd and Lemoran Ave. The site is rectangular in shape and generally measures 170’ wide by 208’ deep. The property is located within the R-1 10,000 (single family residential) zone and has a General Plan Land Use Designation of Low Density Residential. The property is currently improved with an approximate 3,300 square foot residence and an approximate 600 square foot detached garage/storage. Surrounding properties are all improved with single family residences and are within the R-1 10,000 (single family residential) zone and have a General Plan Land Use Designation of Low Density Residential. On October 31, 2005, the Planning Commission approved Tentative Parcel Map No. 65067, which allowed the subdivision of the site into three parcels. Due to the economic downturn, the applicant was unable to complete the process and never obtained Final Map approval. As a result, this tentative map expired. On May 13, 2013, the applicant (Aidee Lopez) filed an application for Tentative Parcel Map No. 72313, requesting to subdivide the lot into three parcels. This new map is the same as the previously approved map. After a careful review of the request, the application was subsequently deemed complete on June 4, 2013. On June 20, 2013, notice of the pending application was published in the Downey Patriot and mailed to all property owners within 500’ of the subject site. Subject site as viewed from Gallatin Subject site as viewed from Lemoran DISCUSSION/ANALYSIS The applicant is proposing to divide the parcel into three separate lots that are each approximately 10,000 square feet. Lots one and two will front on Gallatin Rd and lot three will front on Lemoran. It should be noted that the City is requiring a small dedication (42 square feet) at the corner, which will reduce the net lot size to 30,009 square feet. A review of the development standards is as follows: TPM (PLN-13-00102) – 9306 Gallatin Rd July 3, 2013 - Page 2 Development Standards Standard Requirement Lot 1 Lot 2 Lot 3 Lot Size 10,000 s.f. 10,008 s.f. 10,000 s.f. 10,001 s.f. Lot Width 70’ 70.64’ 72.75’ 70.62’ Lot Depth Conform to adjacent lot 137.27’ 137.27’ 143.39’ As previously noted, the site is currently improved with a house and garage; however, the current location of these structures overlay future property lines. As such, staff has recommended a condition of approval that requires prior to the recording of the map; the structures shall either be demolished or moved to a location that complies with the development standards of the future lots. Upon the map being recorded, the applicant will then be allowed to construct a single family residence on each of the lots, provided they comply with the current development standards. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15303 (Class 3, New Construction or Conversion of Small Structures). 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 3 allows the construction of up to three single-family residences in urbanized areas. Since Downey is considered urbanized and the approval of the map will allow three homes, staff feels that this request qualifies for this exemption. FINDINGS The following five (5) findings must be adopted in order to approve the Tentative Parcel Map. A discussion of the findings follows: 1. That the proposed map is consistent with the General Plan. It is an objective of the City’s Housing Element (Program 5) to increase the overall housing stock within the City. This includes providing sufficient housing to meet the City’s share of the Regional Housing Needs Assessment (RHNA). By allowing the proposed project to be constructed there will be an increase in the housing inventory by two units. As such, staff is of the opinion that approval of the Tentative Parcel Map is consistent with the goals, policies, programs, and land uses of applicable elements of the General Plan. 2. That the site is physically suitable for the type and density of development. The subject site is over 30,000 square foot parcel, which allows the subdivision to occur with the resultant parcels to meet the minimum 10,000 square foot lot size for the zone. Future development will be limited to one single family home per lot, which will need to meet all development standards for the zone. It is staff’s opinion that the site is physically suitable for this type of development. TPM (PLN-13-00102) – 9306 Gallatin Rd July 3, 2013 - Page 3 3. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision will allow three unit single-family residences, which will be required to comply with all development standards for the R-1 10,000 zone. The development standards have been designed to allow construction that will not cause a public health problem. As such, staff believes that finding can be adopted. 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 existing site is improved with one single family residence. There are no public access easements through or across the site. Additionally, the City has reviewed the request and determined that the approval of the map will not conflict with utility easements on the site. 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 existing site is improved with one single family residence, with landscaping being limited to ornamental and grass. There are no known areas within the City that host wildlife or their habitat, most particularly species identified as a candidate, sensitive, or special status species. As such, it is staff’s opinion that the proposed the project will not impact wildlife resources. CORRESPONDENCE As of the date that this report was printed, staff not has received any correspondence regarding this project. CONCLUSION Based on the analysis contained within this report, staff is concluding that subdividing the property will not create significant adverse impact to the area, provided that all conditions of approval are adhered to. Furthermore, as noted above, staff believes that all required findings can be made in a positive manner. As such, staff is recommending that the Planning Commission approve Tentative Parcel Map (PLN-13-00102), subject to the recommended conditions of approval. TPM (PLN-13-00102) – 9306 Gallatin Rd July 3, 2013 - Page 4 Exhibits Location Aerial Photograph TPM (PLN-13-00102) – 9306 Gallatin Rd July 3, 2013 - Page 5 500’ Radius Zoning TPM (PLN-13-00102) – 9306 Gallatin Rd July 3, 2013 - Page 6 RESOLUTION NO. ___________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE PARCEL MAP NO. 72313 (PLN-13- 00102), THEREBY ALLOWING THE SUBDIVISION OF A 30,051 SQUARE FOOT PARCEL INTO THREE APPROXIMATE 10,000 SQUARE FOOT PARCELS ON PROPERTY LOCATED AT 9306 GALLATIN RD, ZONED R-1 10,000 (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 October 31, 2005, the Planning Commission approved Tentative Parcel Map No. 65067, which allowed the subdivision of the site into three parcels. Due to the economic downturn, the applicant was unable to complete the process and never obtained Final Map approval. As a result, this tentative map expired; and, B. On May 13, 2013, the applicant submitted an application for Tentative Parcel Map No. 72313, requesting to subdivide the lot into three parcels. After a complete review of the request, staff deemed the application complete on June 4, 2013; and, C. On June 20, 2013, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on July 3, 2013, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. 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. 15303 (Class 3, New Construction or Conversion of Small Structures). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Tentative Parcel Map, the Planning Commission further finds, determines and declares that: 1. That the proposed map is consistent with the General Plan. It is an objective of the City’s Housing Element (Program 5) to increase the overall housing stock within the City. This includes providing sufficient housing to meet the City’s share of the Regional Housing Needs Assessment (RHNA). By allowing the proposed project to be constructed there will be an increase in the housing inventory by two units. 2. That the site is physically suitable for the type and density of development. The subject site is over 30,000 square foot parcel, which allows the subdivision to occur with the resultant parcels to meet the minimum 10,000 square foot lot size for the zone. Future development will be limited to one single family home per lot, which will need to meet all development standards for the zone. Resolution No. Downey Planning Commission 3. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision will allow three unit single-family residences, which will be required to comply with all development standards for the R-1 10,000 zone. The development standards have been designed to allow construction that will not cause a public health problem. 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 existing site is improved with one single family residence. There are no public access easements through or across the site. Additionally, the City has reviewed the request and determined that the approval of the map will not conflict with utility easements on the site. 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 existing site is improved with one single family residence, with landscaping being limited to ornamental and grass. There are no known areas within the City that host wildlife or their habitat, most particularly species identified as a candidate, sensitive, or special status species. SECTION 4. Based upon the findings set forth in Sections 1 through 4 of this Resolution, the Planning Commission of the City of Downey hereby approves Tentative Parcel Map No. 72313 (PLN-13-00102), 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 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of July, 2013. Louis Morales, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 3rd day of July, 2013, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission SPR, VAR, TTM (PLN-13-00069) – Stewart and Gray Rd July 3, 2013 - Page 2 Resolution No. Downey Planning Commission TENTATIVE PARCEL MAP NO 72313 (PLN-13-00102) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Tentative Parcel Map No. 72313 (PLN-13-00102) allows for the subdivision of a 30,051 square foot lot into three parcels. 2) Approval of this Tentative Parcel Map No. 72313 (PLN-13-00102) 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 shall be approved by the City and recorded with the County of Los Angeles, with exception to permits required to meet the requirement of Condition No. 6. 6) Prior to the recording of the map, the applicant shall demo all structures on the site. This shall include obtaining all required demolition permits and inspections. In lieu of demolishing the structures, the applicant may obtain building permits and all related inspections to move the structures on site in a manner that will meet the development standards for the future parcels. 7) Prior to the final map being recorded, the applicant shall pay all necessary park-in-lieu fees, as set forth in City Council Resolution. 8) The lots shall comply with the following size requirements: Development Standards Standard Lot 1 Lot 2 Lot 3 Lot Size 10,008 s.f. 10,000 s.f. 10,001 s.f. Lot Width 70.64’ 72.75’ 70.62’ Lot Depth 137.27’ 137.27’ 143.39’ SPR, VAR, TTM (PLN-13-00069) – Stewart and Gray Rd July 3, 2013 - Page 3 Resolution No. Downey Planning Commission BUILDING 9) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 10) 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 28) The owner/applicant shall dedicate a corner property line radius of 20 feet, for right-of- way purposes, at the corner of Gallatin Rd and Lemoran Ave. 29) The owner/applicant shall install three new 5800-lumen high-pressure sodium street lights with full-cutoff fixture optics on new marbelite standard with underground service along the Gallatin Rd and Lemoran Ave property frontages. Prior to the installation of the lights, the applicant shall obtain all necessary permits for the Engineering Division. 30) 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, 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. 31) All onsite utilities shall be installed underground. 32) 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. 33) The owner/applicant shall submit an engineered grading plan and/or hydraulic calculations and site drainage 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. 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. street, sidewalk, parkway and driveway widths, catch basins, pedestrian ramps); the width and location of all existing and proposed easements, the dimensions and location of proposed dedications; the location, depth and dimensions of potable water, reclaimed water and sanitary sewer lines; chemical and hazardous material storage, if any, including containment provisions; and the type of existing use, including the gross square footage of the building, and its disposition. 34) The owner/applicant shall construct/install curb, gutter, sidewalk, disabled ramps, portland cement concrete driveway approaches, five (5) street trees (24-inch box with 2- inch diameter trunk), and pavement along all property frontage to the standards of the Department of Public Works. Broken, uneven, or sub-standard curb, gutter, sidewalk, driveway, disabled ramps and pavement, 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 SPR, VAR, TTM (PLN-13-00069) – Stewart and Gray Rd July 3, 2013 - Page 4 Resolution No. Downey Planning Commission SPR, VAR, TTM (PLN-13-00069) – Stewart and Gray Rd July 3, 2013 - Page 5 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. 35) 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 Stormwater 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 36) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 37) 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 Tract Map on a CD-ROM media. 38) The owner/applicant shall furnish and install a dedicated potable water service line, meter, and meter box for each lot. 39) The owner/applicant shall install a sewer main and lateral to the front property line for each lot in the subdivision. The design and improvements of the sewers shall be to the standards of the City Engineering Division. 40) The owner/applicant shall provide that no easements of any type be granted over any portion of the subdivision to any agency, utility, organization, or individual, except to the City of Downey, until such time that the final map has been recorded. FIRE DEPARTMENT 58) 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.