HomeMy WebLinkAboutResolution No. 13-7455 - Denying Appeal of Planning Commission's Approval of PLN Case No. 13-00156 (Tentative Parcel Map No. 72381)-Request to Subdivide One Residential Parcel Into Two New Parcels For Property Located At 7725 Third St., Zoned R-1 5,000 (SRESOLUTION NO. 13-7455
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF
PLN CASE NO. 13-00156 (TENTATIVE PARCEL MAP NO. 72381) - A
REQUEST TO SUBDIVIDE ONE RESIDENTIAL PARCEL INTO TWO NEW
PARCELS FOR PROPERTY LOCATED AT 7725 THIRD STREET, ZONED R-1
5,000 (SINGLE-FAMILY RESIDENTIAL)
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS
FOLLOWS :
SECTION 1. The City Council of the City of Downey does hereby find, determine and
declare that:
A
B
C,
Raul Echemendia, (hereinafter '’Applicant"), filed an application requesting approval of
PLN-13-00156 to subdivide a 19,188 square foot residential parcel into two parcels; and,
The subject property is located at 7725 Third Street, it is zoned R-1 5,000 (Single Family
Residential) and its General Plan designation is LDF: (Low Density Residential); and,
The Planning Commission opened a duly noticed public hearing on September 4, 2013,
and, after fully considering all oral and written testimony, facts, and opinions offered at
the aforesaid public hearing, continued the public hearing to September 18, 2013; and,
D On September 18, 2013, the Planning Commission re-opened the continued public
hearing and, after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, adopted Resolution No. 13-2842, approving PLN-
13-00156 (Tentative Parcel Map No. 72381); and,
E In a letter dated October 3, 2013, Ms. Patricia Herrin filed a timely appeal of the Planning
Commission’s approval and is requesting that the City Council overturn the Planning
Commission’s action; and,
D The City Council opened a duly noticed public hearing on November 12, 2013, and after
fully considering all oral and written testimony, facts, and opinions offered at the
aforesaid public hearing denied the appeal, thereby upholding the Planning
Commission’s action.
SECTION 2. The City Council 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 City Council further finds, determines and declares that,
A 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.
RESOLUTION NO. 13-7455
PAGE 2
B 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
C 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
D 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
E 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 3 of this
Resolution, the City Council of the City of Downey hereby denies the appeal, thereby upholding
the Planning Commission’s approval of PLN-13-00156 (Tentative Parcel Map No. 72381).
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED thIS 12th day of Novembe'r?013
MARIO A. GUERRA
Mayor
ATTEST:
nAIL4YARmmTizT
City Clerk
RESOLUTION NO. 13-7455
PAGE 3
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 12th day of November 2013, by the
following vote, to wit
AYES:
NOES:
ABSENT:
ABSTAIN :
Council Members: Marquez, Saab, Vasquez, Mayor Guerra
Council Member: None
Council Member: None
Council Member: Brossmer
J
City Clerk