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Home My WebLink About1. PLN-13-00156 - 7725 Third STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: SEPTEMBER 18, 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 PARCEL 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) RECOMMENDATION Staff recommends that 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). DISCUSSION On September 4, 2013, the Planning Commission opened a public hearing to consider PLN-13- 00156, a request by Mr. Raul Echemendia, to allow the subdivision of a 19,188 square foot residential parcel into two (2) parcels. At the conclusion of the public testimony, the Planning Commission continued the item until September 18, 2013 and directed staff to provide a detailed staff report that further expands the study area to include properties between Wiley- Burke Avenue and Smallwood Avenue, between Fourth Place and Second Street. After further expanding the study area to include neighboring properties, staff found several lot split and tentative parcel map applications were approved between 1967 and 1991 (See Exhibit 1). Lot splits, however, under today’s Subdivision Map Act guidelines are no longer allowed. Instead, it calls Tentative Parcel Map. A summary of the previously approved projects for minor subdivision that similar to the subject request is as follows: Address Application Type Project Description Date of Approval 7602 & 7622 Second Street Lot Split No. 474 Subdivide from 2 lots into 3 lots November 1, 1967 7805 & 7807 Third Street Lot Split No. 730 Subdivide from 1 lot into 2 lots February 20, 1980 7824 & 7828 Fourth Place Tentative Parcel Map No. 23160 Subdivide from 1 lot into 2 lots September 18, 1991 PLN-12-00199 – 7931 Firestone Blvd. Oct. 17, 2012 - Page 2 In responding to the public concern relating to California Environmental Quality Act (CEQA) Section 15300.2(b) - “Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.” It is staff’s opinion that the above listed projects occurred over 20 years ago (between 1967 and 1991); therefore, Section 15300.2(b) is not relevant to the proposed application. In further examining the proposed project, staff found the subject parcel was originally created as two (2) legal lots (Lot 25 measures 94’ x 125’ and Lot 26 measures 59.5’ x 125’) by the County Tract Map in 1940 (See attached Exhibit 2). The existing 2,368 square foot single-family dwelling was built across the lot line in 1940. This was prior to the City’s incorporation in 1956 when structures could cross lot lines. Under this application for PLN-13-00156, the applicant is simply requesting to restore the lot line to recreate two parcels as they were originally created in 1940. The only difference is the applicant proposes to create two parcels of equal size (9,594 square feet each). Based on the analysis contained within this report, staff is concluding that the proposed project complies with the intent and goals of the General Plan and Zoning Code. As such, staff recommends that the Planning Commission adopt a resolution to approve Tentative Parcel Map No. 72381 (PLN-13-00156). Attachments: Staff Report dated September 4, 2013 Exhibits H:\Community Development\Nguyen\CASES\TPM\7725 Third (Sept 2013)\PLN-13-00156 Staff 2.doc CITY OF DOWNEY PLANNING DIVISION NORTHEXHIBIT No. 1 PROJECT No. PROJECT LOCATION EXPANDED STUDY AREA MAP PLN-13-00156 (TENT. PARCEL MAP) 7725 THIRD STREET Subject PropertyLot Split No. 474 (11-1-1967) Subdivide from 2 lots into 3 lots Tentative Parcel Map No. 23160 (9-18-1991) Subdivide from 1 lot into 2 lots Lot Split No. 730 (2-20-1980) Subdivide from 1 lot into 2 lots CITY OF DOWNEY PLANNING DIVISION NORTHEXHIBIT No. 2 COUNTY TRACT MAP PROJECT No. PROJECT LOCATION PLN-13-00156 (TENT. PARCEL MAP) 7725 THIRD STREET APOLLO PARK Subject Property 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, which was continued to September 18, 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 18, 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 18th 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 18th 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 18, 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 18, 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 18, 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