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HomeMy WebLinkAbout2. PLN-13-00152 - 9528 Lemoran STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: OCTOBER 2, 2013 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN-13-00152 (TENTATIVE PARCEL MAP NO. 71927) – A REQUEST TO SUBDIVIDE 52,614 SQUARE FEET OF LAND INTO THREE PARCELS AND A PRIVATE STREET LOCATION: 9528 LEMORAN AVENUE (AIN 6390027012) ZONING: R-1 10,000 (SINGLE-FAMILY RESIDENTIAL) REPORT SUMMARY PLN-13-00152 is a request for approval of Tentative Parcel Map No. 71927 to subdivide an existing 52,614 square feet parcel of land into three parcels and a private street. The subject site is underdeveloped with wood framing for an unfinished two-story, 10,289 square foot residence. This structure has been deteriorating for five years. Based on the analysis contained within this report, staff feels that the Planning Commission can make all of the required findings to approve the project positively. As such, staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE PARCEL MAP NO. 71927 (PLN-13- 00152), THEREBY ALLOWING THE SUBDIVISION OF 52,614 SQUARE FEET OF LAND INTO THREE PARCELS AND A PRIVATE STREET, ON PROPERTY LOCATED AT 9528 LEMORAN AVENUE, ZONED R-1 10,000 (SINGLE FAMILY RESIDENTIAL) BACKGROUND On June 24, 2013, the Applicant, Raul Echemendia, submitted a Land Use Permit Application (hereinafter referred to as PLN-13-00152) for approval of a tentative map to subdivide a 52,514 square foot parcel into three (3) parcels and a private street. The subject site, located at 9528 Lemoran Avenue, is on the east side of Lemoran Avenue, approximately 243 feet south of Gallatin Road. Its shape conveys an irregular “T” with 102.39 feet of frontage along Lemoran Avenue. This width extends 145 feet easterly then expands to become about 319 feet wide and as much as 134.63 feet in depth. The subject property is zoned R-1 10,000 (Single-Family Residential) and has a General Plan Land Use Designation of Low Density Residential. It exists in an area with similarly-zoned residential developments. LOCATION MAP More than seven years ago, a 2,346 square foot house, one-half of a tennis court (the other half of the court existed on the adjacent property to the north), dense trees and other improvements existed on the subject property. Beginning in 2006, however, the City of Downey granted a number of approvals and permits to eliminate these improvements and to allow for the construction of a new house on the subject property. The City’s approvals are summarized as follows: On July 26, 2006, the Downey Development Review Board (DRB) approved DRB Case No. 06-96, for the construction of a 10,289 square foot two-story house, to replace the existing house; on April 23, 2007, the DRB approved a modification to this project to include a 693 square foot detached guest house, a cabana, and a barbecue area; on October 20, 2006, the Downey Building and Safety Department issued a demolition permit to demolish the house, which the Applicant accomplished in its entirety by April 2007. Initially, the project site comprised three parcels that covered 42,218 square feet of land. On June 6, 2007, the Planning Commission approved Lot Merger 06-159 for the merger of the three parcels into one parcel. Also, the Planning Commission approved Zone Variance 07-80, regarding the creation of a parcel with less than the required 70 foot width as required by the Zoning Code. Zone Variance 07-80 allowed the proposed driveway to exceed the maximum driveway width of 12 feet for properties where the garage is more than thirty feet from the front property line. On December 6, 2007, the Planning Commission approved a modification to said application, to include a fourth parcel into the original lot merger, thereby increasing the parcel size from the originally proposed 42,218 sq. ft. to 52, 243 sq. ft. (1.2 acres). Until recently, Vicente Zarate owned the subject property and was the project proponent for these actions. On December 11, 2007, the Building and Safety Department issued a building TPM (PLN-13-00152) – 9528 Lemoran Avenue October 2, 2013 - Page 2 permit to Mr. Zarate and he began construction on the new house. He nearly completed the house framing before the economic downturn and other factors crippled him financially and halted the construction project. For the past five years, the deteriorating wood framing for the unfinished two-story house, as well as the barren land, three concrete pads, overgrown weeds, and withered palm trees, have resulted in a residential property that is unsightly and a nuisance to residents living nearby. All of the aforementioned entitlements expired as well. SITE PHOTOGRAPH DISCUSSION A few months ago, Andy Tran (Sequoia Platinum Holdings, LLC) acquired the property at 9528 Lemoran Avenue. On June 24, 2013, Raul Echemendia, Mr. Tran’s authorized representative, submitted a Subdivision Application (PLN-13-00152) for the Planning Commission’s consideration. Mr. Tran intends to demolish the rotting wood structure and develop the property in a completely different manner. PLN-13-00152 is a request for approval of Tentative Parcel Map No. 71927 to subdivide the subject site, which comprises 52,614 square feet of land, into three parcels and a private street. On July 3, 2013, the Planning Commission approved Tentative Parcel Map (PLN-13-00102) regarding the adjacent property that borders the northerly portions of the subject site. The Planning Commission’s decision on Tentative Parcel Map (PLN-13-00102) allows for the division of the 30,051 square foot parcel at 9306 Gallatin Road, into three (3) approximately 10,000 square foot parcels. That subdivision will result in two parcels fronting on Gallatin Road and one fronting on Lemoran Avenue. As this report mentioned previously, the subject property resembles an irregular-shaped “T.” The lot has 102.39 feet of frontage along Lemoran Avenue and maintains this width for approximately 145 feet toward the east; then it expands to become about 319 feet wide and as much as 134.63 feet in depth. The subject property, as well as the other homes in the vicinity, is located within the R-1 10,000 (Single Family Residential) zone and its General Plan Land Use designation is Low Density Residential. The Los Angeles County Assessor’s Office identifies it on Book Number 6390, Page 27, as Parcel 12. TPM (PLN-13-00152) – 9528 Lemoran Avenue October 2, 2013 - Page 3 Tentative Parcel Map No. 71927 proposes to divide the subject property into three parcels (Parcel 1, Parcel 2 and Parcel 3) and a private street. Parcel 1 and the private street will face Lemoran Avenue. Parcel 1 will have 70 feet of frontage along Lemoran Avenue and the private street will be 32.39 feet wide. The land division Tentative Parcel Map No. 71927 establishes Parcel 1 and Parcel 2 on the north side of the private street with Parcel 3 abutting the south side of it. Parcel 1 will have approximately 130 feet of frontage along the private street, while Parcel 2 and Parcel 3 will have approximately 145 feet and 100 feet of frontage along the radius of the street respectively. The private drive Tentative Parcel Map No. 71927 proposes will provide ingress and egress to Lemoran Avenue and serve as a utility easement. It will measure thirty feet wide and extend 240 feet from Lemoran Avenue easterly to the rear of the site. The private drive is wide enough to comply with a Fire Code requirement for emergency vehicle access to the site. As an easement, private driveway will traverse each lot. Section 9312.08 of the Downey Municipal Code, identifies the development standards for all residential zones in the City. The following table summarizes those standards for new lots in the R- 1-10,000 zone, in relation to the lots Tentative Parcel Map No. 71927 proposes: Table 1- Development Standards Standard Requirement Lot 1 Lot 2 Lot 3 Lot Area Minimum (Sq. Ft.) 10,000 Sq. Ft. 10,025 Sq. Ft. 20,276 Sq. Ft. 13,257 Sq. Ft. Lot Width Minimum (Feet) 70’ 70.00’ 134.63’ 88.52’ Lot Depth* Minimum (Feet) Conform to average depth of adjacent lots 145.23’ 143.94’ 147.49’ Note: Downey Municipal Code Section 9144 defines “Lot Width” as the horizontal distance of the front lot line. In the case of a lot having a curved or irregular shape at the front line, the lot width may be measured at the front setback line required by the zone in which the lot is located. DMC Section 9144 defines “Lot Depth” as the horizontal distance between the front and rear lot lines as measured by the average length of the lot lines. The subject property is located in the vicinity of the intersection of Gallatin Road and Lemoran Avenue. This area is comprised of numerous parcels of varying shapes and sizes. The parcels along the north side of Gallatin Road, east of Lemoran Avenue and north of the subject site, maintain a consistent pattern of rectangular-shaped lots, measuring 67.57 feet in width by 148 feet in depth. However, for the properties south of Gallatin Road, from Lemoran Avenue to Garnish Drive, no two lots are identical. These lots vary in size from 9,340 sq. ft. to 31,360 square feet. For example, two irregular-shaped properties on Garnish Avenue that border the easterly sides of the subject property are among the largest residential lots in Downey. They contain approximately 31,360 square feet and 29,510 square feet. Table 1 illustrates that the lots proposed by Tentative Parcel Map No. 71927 satisfies the Code requirements for lot area and lot width. Each lot will contain more than 10,000 square feet of land area (Lot 1: 10,025 Sq. Ft., Lot 2: 20,276, and Lot 3: 13,257 Sq. Ft.) and measure more than TPM (PLN-13-00152) – 9528 Lemoran Avenue October 2, 2013 - Page 4 seventy feet wide. Section 9312.08 of the Code also says the lot depth shall conform to the average depth of adjacent lots. Due to the variety of lots in the vicinity, staff prepared the following table (Table 2), which displays the characteristics of 22 lots nearby. Table 2 confirms that the depths of the proposed lots (145, 144, and 149) conform to the average depths of other lots in the area. Table 2- Lot Characteristics of Nearby Properties Address Lot Area Lot Width Lot Depth 1 9252 Gallatin 9,340 sq. ft. 67 feet 109.49 feet 2 9517 Lemoran 10,400 sq. ft. 72 feet 142.42 feet 3 9525 Lemoran 10,320 sq. ft. 80 feet 125.36 feet 4 9533 Lemoran 10,130 sq. ft. 96.50 feet 105.55 feet 5 9545 Lemoran 13,310 sq. ft. 225.8 feet 160.14 feet 6 9271 Raviller 10,180 sq. ft. 125.94 feet 127.97 feet 7 9621 Raviller 10,910 sq. ft. 65.62 feet 122.4 feet 8 9306 Gallatin * 29,650 sq. ft. 161.55 feet 137.48 feet 9 9306 Gallatin** 10,020 sq. ft. 70.70 feet 140.23 feet 10 9540 Lemoran 29,460 sq. ft. 160 feet 144.36 feet 11 9550 Lemoran 14,760 sq. ft. 91.67 feet 173.72 feet 12 9600 Lemoran 13,560 sq. ft. 118.89 feet 126.69 feet 13 9608 Lemoran 10,980 sq. ft. 73.98 feet 166.34 feet 14 9614 Lemoran 11,040 sq. ft. 75.43 feet 147.22 feet 15 9624 Lemoran 10,800 sq. ft. 78.82 feet 141.85 feet 16 9632 Lemoran 10,180 sq. ft. 87.73 feet 152 feet 17 9701 Savage 13,400 sq. ft. 82.56 feet 124.78 feet 18 9702 Savage 18,320 sq. ft. 53.70 feet 100.4 feet 19 9320 Gallatin 11,972 sq. ft. 95 feet 138.7 feet 20 9330 Gallatin 12,630 sq. ft. 84.99 feet 150.4 feet 21 9635 Garnish 31,360 83.89 256 22 9645 Garnish 29,510 98 248 Average 15,101 98 147 TPM (PLN-13-00152) – 9528 Lemoran Avenue October 2, 2013 - Page 5 ENVIRONMENTAL ANALYSIS Staff reviewed the proposed use for compliance with the California Environmental Quality Act (CEQA) and 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. Tentative Parcel Map No. 71927 is consistent with Class 15, which allows the subdivision of land into four or fewer parcels, because it involves the division of property in an urbanized area into three parcels and a private street, it conforms to the Downey General Plan and zoning, it does not involve a variance or other exception, all services and access to the parcels are available, the parcel has not been involved in the division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent. 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. The City of Downey Housing Element has adopted policies to provide adequate sites and zoning to encourage and facilitate a range of housing to address the regional fair share allocation (Policy 2.1) and encourage infill development and recycling of land to provide adequate residential sites (Policy2.2). Approval of the Tentative Parcel Map 71927 will result in an increase to the City’s housing inventory threefold; consequently, approval of Tentative Parcel Map 71927 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 contains more than 52,614 square feet of land, which is sufficient to create three parcels that comply with the standards for residential development as required by Section 9312.08 of the Downey Municipal Code for properties in the R-1- 10,000, Single-Family residential zone. The lots Tentative Parcel Map 71927 proposes are of adequate size to create one single family home per lot that will meet all development standards for the zone. 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 comply with all development standards for the R-1 10,000 zone. The project will not cause serious public health problems to the future occupants of the proposed development, nor persons living nearby, since there are no sites nearby that pose health hazards, and because the proposed development is for a residential use that is appropriate for this area. TPM (PLN-13-00152) – 9528 Lemoran Avenue October 2, 2013 - Page 6 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 the deteriorating wood framing for a two-story house, as well as the barren land, three concrete pads, overgrown weeds, and withered palm trees. 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 received an email message opposing the 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, if the Applicant adheres to all conditions of approval. Furthermore, as noted above, staff believes that the Planning Commission can make all required findings in a positive manner. As such, staff recommends that the Planning Commission approve Tentative Parcel Map No. 71927 (PLN-13-00152), subject to the recommended conditions of approval. TPM (PLN-13-00152) – 9528 Lemoran Avenue October 2, 2013 - Page 7 SUBJECT PROPERTY AERIAL PHOTOGRAPH OF THE SUBJECT PROPERTY TPM (PLN-13-00152) – 9528 Lemoran Avenue October 2, 2013 - Page 8 SUBJECT PROPERTY ZONING MAP SUBJECT PROPERTY 500’ RADIUS MAP TPM (PLN-13-00152) – 9528 Lemoran Avenue October 2, 2013 - Page 9 LOS ANGELES COUNTY ASSESSOR’S MAP AERIAL PHOTOGRAPH OF THE VICINITY TPM (PLN-13-00152) – 9528 Lemoran Avenue October 2, 2013 - Page 10