HomeMy WebLinkAbout1. PLN-13-00156 - 7725 Third
STAFF REPORT
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
DATE: SEPTEMBER 4, 2013
TO: PLANNING COMMISSION
FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-13-00156 (TENTATIVE PARCEL MAP NO. 72381) - A REQUEST TO
SUBDIVIDE ONE RESIDENTIAL LOT INTO TWO PARCELS FOR PROPERTY
LOCATED AT 7725 THIRD STREET
LOCATION: 7725 THIRD STREET (AIN 6249-022-016)
ZONING: R-1 5,000 (SINGLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-13-00156) is a request to subdivide one
19,139 square foot parcel into two parcels. The subject site is currently improved with a 2,368
square foot single-family dwelling, constructed in 1940. The applicant proposes to demolish the
existing dwelling, garage and swimming pool to accommodate the new developments on the
newly created parcels. Based on the analysis contained within this report, staff feels that all
required findings to approve the tentative parcel map 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 PLN-13-00156, FOR TENTATIVE PARCEL MAP NO.
72381, THEREBY ALLOWING A SUBDIVISION OF ONE LOT INTO TWO
RESIDENTIAL PARCELS, ON PROPERTY LOCATED AT 7725 THIRD
STREET, ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL).
BACKGROUND
The subject property is located on the north side of Third Street, just west of Rives Avenue. It is
zoned R-1 5,000 (Single-Family Residential) with a General Plan Land Use Designation of “Low
Density Residential”. The surrounding properties include single family residences to the north,
south, east and west of the subject site.
On July 8, 2013, Mr. Raul Echemendia, representative for the owner of the property, submitted a
Land Use Permit Application for PLN-13-00156 (Tentative Parcel Map) to subdivide the property
into two lots. After a careful review of the proposal, staff deemed the application complete on
August 8, 2013. On August 22, 2013, notice of the pending public hearing was sent to all property
owners within 500’ of the subject site and the notice was published in the Downey Patriot.
Tentative Parcel Map (PLN-13-00156) – 7725 Third St
September 4, 2013 - Page 2
Site Photograph
DISCUSSION/ANALYSIS
The applicant is proposing to subdivide the 19,188 square foot parcel into two new parcels. All
existing structures on the property will be demolished in order to comply with the development
standards for the newly created parcels. Note that the applicant does not propose construction
plans for the new residences under this application.
The applicant is making his request and the Planning Commission's authority to act on the
request are being made pursuant to the following provisions of the Municipal Code: Section
9911 et seq. (Tentative Maps) and Government Code Section 65402 (General Plan Consistency
Finding).
Each of the newly created parcels will contain 9,594 square feet of lot area with a frontage of 76.74
feet and a depth of 125.06 feet. Said parcels will meet all the minimum development requirements
of the R-1 5,000 (Single-Family Residential) zone as demonstrated in the Table below.
Furthermore, it is staff’s opinion that the request is practical since the new parcels will front
Third Street and will be consistent with the lotting pattern of the surrounding lots.
The proposed project meets or exceeds all development 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. 9,594 sq. ft. 9,594 sq. ft.
Width 50’ 76.74’ 76.74’
Depth Conform to average depth
of adjacent lots (100’) 125.06’ 125.06’
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 attached Resolution.
Tentative Parcel Map (PLN-13-00156) – 7725 Third St
September 4, 2013 - Page 3
ENVIRONMENTAL ANALYSIS
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.
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 has adequate access to accommodate residential
developments. The proposed lots exceed the minimum lot area and dimension
requirements of the area substantially, thereby ensuring the residential density of the area.
In addition, the proposed lot will be consistent with the lotting pattern in the area.
3. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems.
This subdivision has been designed to reflect the lotting pattern of the area. The proposed
lots have been designed with more than adequate street frontage to permit safe access to
each parcel. In addition, the project will not cause serious public health problems to existing
or future occupants of the proposed project, since there are no sites nearby that pose a
health hazard. All improvements will comply with the City’s current development standards.
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 design of this subdivision, will not conflict with easements needed by any public
agency or utility purposes. All such easements either do not exist or have been noted and
reserved.
Tentative Parcel Map (PLN-13-00156) – 7725 Third St
September 4, 2013 - Page 4
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 result in substantial environmental damage
or any injury to fish or wildlife or their habitats because the area to be subdivided is located
within an existing urban area and historically has been developed for residential purposes,
and therefore, no fish or wildlife presently exists at the site. Further, the environmental
impact of the proposed development has been reviewed and had been found to be
categorically exempt, Class 15 (Minor Land Division) from CEQA.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this matter.
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 parcels 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 Tentative Parcel Map can be made in a
positive manner. As such, staff is recommending that the Planning Commission adopt the
resolution to approve the project and recommend that the City Council approve Tentative Parcel
Map No. 72381 (PLN-13-00156), subject to the recommended conditions of approval.
Tentative Parcel Map (PLN-13-00156) – 7725 Third St
September 4, 2013 - Page 5
Exhibits
Location
Aerial Photograph
Subject Property
Tentative Parcel Map (PLN-13-00156) – 7725 Third St
September 4, 2013 - Page 6
500’ Radius Map
Zoning Map
RESOLUTION NO. 13-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-13-00156, FOR TENTATIVE PARCEL MAP NO. 72381, THEREBY
ALLOWING A SUBDIVISION OF ONE LOT INTO TWO RESIDENTIAL PARCELS, ON
PROPERTY LOCATED AT 7725 THIRD STREET, 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 8, 2013, the applicant submitted a request for a Tentative Parcel Map No.
72381 to subdivide the subject parcel into two residential parcels, on property
located at 7725 Third Street; and
B. On August 8, 2013, notice of the pending public hearing was sent to all property
owners within 500’ of the subject site and the notice was published in the Downey
Patriot; and
C. The Planning Commission held a duly noticed public hearing on September 4,
2013, and, after fully considering all oral and written testimony and facts and
opinions offered at aforesaid public hearings, adopted Resolution No. 13-____,
subject to conditions of approval (Exhibit A).
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. 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. The subject property is physically suitable for the proposed type of development
due to its relatively large regular shape, which has adequate access to
accommodate residential developments. The proposed lots exceed the minimum
lot area and dimension requirements of the area substantially, thereby ensuring
the residential density of the area. In addition, the proposed lot will be consistent
with the lotting pattern in the area.
Resolution No. 13-____
Downey Planning Commission
Tentative Parcel Map (PLN-13-00156) – 7725 Third St
September 4, 2013 - Page 2
3. This subdivision has been designed to reflect the lotting pattern of the area. The
proposed lots have been designed with more than adequate street frontage to
permit safe access to each parcel. In addition, the project will not cause serious
public health problems to existing or future occupants of the proposed project,
since there are no sites nearby that pose a health hazard. All improvements will
comply with the City’s current development standards.
4. The design of this subdivision, will not conflict with easements needed by any
public agency or utility purposes. All such easements either do not exist or have
been noted and reserved.
5. The design of the proposed map is not likely to result in substantial environmental
damage or any injury to fish or wildlife or their habitats because the area to be
subdivided is located within an existing urban area and historically has been
developed for residential purposes, and therefore, no fish or wildlife presently
exists at the site. Further, the environmental impact of the proposed development
has been reviewed and had been found to be categorically exempt, Class 15
(Minor Land Division) from CEQA.
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 the Tentative
Parcel Map (PLN-13-00156), 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 4th day of September, 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 4th day of
September, 2013 by the following vote, to wit:
AYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
Resolution No. 13-____
Downey Planning Commission
Tentative Parcel Map (PLN-13-00156) – 7725 Third St
September 4, 2013 - Page 3
TENTATIVE PARCEL MAP (PLN-13-00156)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Tentative Parcel Map No. 72381 (PLN-13-00156) allows for the
subdivision of a 19,188 square foot parcel into two residential parcels (Lot No. 1 = 9,594
square feet; Lot No. 2 = 9,594 square feet), on property located at 7725 Third Street
(AIN 6249-022-016).
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 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) The owner/applicant shall remove or paint over any graffiti painted upon the premises,
within twenty-four (24) hours
BUILDING
8) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
9) 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.
Resolution No. 13-____
Downey Planning Commission
Tentative Parcel Map (PLN-13-00156) – 7725 Third St
September 4, 2013 - Page 4
PUBLIC WORKS
10) If applicable, the owner/applicant shall install parkway landscaping and street trees
across the property frontage as required by the Director of Public Works.
11) The owner/applicant shall install all new utilities associated with this project
underground.
12) If applicable, prior to the issuance of demolition permits, the applicant shall complete a
Construction & Demolition (C&D) Waste Management Plan per Article V, Chapter 8 of
the Downey Municipal Code.
13) 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.
14) If applicable, the owner/applicant shall install a sewer main and sewer lateral (to the front
property line) for each lot in the subdivision, 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.
15) If applicable, the owner/applicant shall install a 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.
16) The owner/applicant shall reconstruct/install curb, gutter, and portland cement concrete
driveway approaches, along 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.
17) All driveway approaches shall be as wide as the driveway or parking aisle they serve.
18) 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.
19) 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.
20) 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.
Resolution No. 13-____
Downey Planning Commission
Tentative Parcel Map (PLN-13-00156) – 7725 Third St
September 4, 2013 - Page 5
21) 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.
22) 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.
FIRE DEPARTMENT
23) 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.
24) If applicable, 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.
25) Smoke detectors shall be installed. Provide manufacturer specifications for all
equipment to be installed.
H:\Community Development\Nguyen\CASES\TPM\7725 Third (Sept 2013)\PLN-13-00156 Reso.doc