HomeMy WebLinkAboutPC Resolution 13-2842 RESOLUTION NO. 13-2842
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. 13-2842, 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. 13-2842
Downey Planning Commission
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 -ptember, 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: Lujan, Flores, Rodriguez, Kiefer and Morales
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
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Mary Ca anagh, Secretary/
City Planning Commission
Tentative Parcel Map(PLN-13-00156)—7725 Third St
September 18,2013-Page 2
Resolution No. 13-2842
Downey Planning Commission
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.
Tentative Parcel Map(PLN-13-00156)—7725 Third St
September 18, 2013-Page 3
Resolution No. 13-2842
Downey Planning Commission
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.
Tentative Parcel Map(PLN-13-00156)—7725 Third St
September 18,2013-Page 4
Resolution No. 13-2842
Downey Planning Commission
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
Tentative Parcel Map(PLN-13-00156)—7725 Third St
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