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HomeMy WebLinkAbout1. PLN-13-00257 - 12106 Old River School RoadSTAFF REPORT DATE: MARCH 5, 2014 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT WILLIAM E. DAVIS , CITY PLANNER SUBJECT: PLN-13-00257-A REQUEST TO REVISE TENTATIVE TRACT MAP NO. 68042, WHICH APPROVED THE SUBDIVISION OF THE SUBJECT SITE FOR CONDOMINIUM PURPOSES, BY INCREASING THE NUMBER OF CONDOMINIUMS FROM EIGHT TO NINE, ON PROPERTY LOCATED AT 12106 OLD RIVER SCHOOL ROAD, ZONED R-2 SUD (TWO-FAMILY RESIDENTIAL, SECOND UNIT DEVELOPMENT AREA) LOCATION: 12106 OLD RIVER SCHOOL ROAD ZONING : R-2 SUD (TWO-FAMILY RESIDENTIAL , SECOND UNIT DEVELOPMENT AREA) REPORT SUMMARY PLN-13-00257 is a request by Richard Strayer to revise Tentative Tract Map No . 68042 , which the Planning Commission approved on December 6, 2007 , to subdivide the property at 12106 Old River School Road into eight (8) condominiums . Due to automatic extensions granted by the State of California, the tentative map is still active. With that , the Applicant is seeking the Planning Commission's approval to revise Tentative Tract Map 68042 by increasing the number of condominiums from eight to nine. The number of units proposed meets the City's development standards for properties in the R-2 (Two-Family Residential) Zone . In accordance with the provisions of the California Environmental Quality Act (CEQA), staff prepared a Negative Declaration of Environmental Impacts for the proposed project. Based on the analysis contained within this staff 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 ADOPTING A NEGATIVE DECLARATION AND APPROVING PLN- 13-00257-A REQUEST TO REVISE TENTATIVE TRACT MAP NO. 68042, WHICH APPROVED THE SUBDIVISION OF THE SUBJECT SITE FOR CONDOMINIUM PURPOSES, BY INCREASING THE NUMBER OF CONDOMINIUMS FROM EIGHT TO NINE, ON PROPERTY LOCATED AT 12106 OLD RIVER SCHOOL ROAD, ZONED R-2 SUD (TWO-FAMILY RESIDENTIAL, SECOND UNIT DEVELOPMENT AREA) PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA BACKGROUND The subject property is located at 12106 Old River School Road . It comprises 25,848 square feet of land (0.60 acre) on the east side of Old River School Road , mid-block between Laura Street and Rundell Street. The rectangular-shaped parcel has 108.47 feet of street frontage along Old River School Road and it is approximately 238 in depth . The subject property is zoned R-2 (Two-Family Residential) and has a General Plan Land Use Designation of MDR (Medium Density Residential). Five (5) dwelling units exist on the westerly half of the site. These units, which vary in size from 633 square feet to 1,118 square feet, were constructed prior to the City 's incorporation in 1956. Two driveways provide vehicular access to the units . Grass and a mature tree cover the easterly half of the subject site ; otherwise , this portion of the site is vacant. A variety of land uses exist in the vicinity of the subject property . Multiple-family dwellings comprise two properties immediately north of the project site, while single-family dwellings comprise the properties to the south and east. The Los Amigos Golf Course and Old River School Elementary School exist on the opposite side of Old River School Road to the west. Properties north and south of the project site are zoned R-2 (Two-Family Residential), while the properties to the east and west are within the R-1 (Single-Family Residential) zone. LOCATION MAP On December 6, 2007 , the Planning Commission approved Tentative Tract Map No . 68042 , which allowed the Applicant, Richard Strayer, to subdivide the subject property into eight (8) condominiums. The Subdivision Map Act (Subsections 66410-66499.58 of the Government Code of the State of California) defines "Tentative Map" as follows: PLN -13-00257 (Revise Tentative Parcel Map No . 68042) -12106 Old River School Road March 5, 2014 -Page 2 ... "Tentative map" refers to a map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property." Procedurally , after receiving the City's approval of a tentative map and pr ior to the expiration of such map , the subdivider causes the property to be surveyed and a final map prepared in accordance with the approved tentative map. Government Code Section 66452.6 provides that an approved tentative map shall expire 24 months after its approval or by any additional period of time granted by local ordinance not to exceed twelve months . Due to the harsh effects of the down economy , Mr. Strayer did not pursue completion of the project. Under normal circumstances , Tentative Map No . 68042 would have expired December 2009 , or December 2010 if Mr. Strayer requested and received approval of an extension of the expiration date of the tentative map. However, Tentative Map No . 68042 remains active due to automatic extensions granted by the State of California : SB 1185 granted automatic one-year extensions for maps that were valid (approved and not expired) on July 15 , 2008, and set to expire prior to January 1, 2011 ; AB 333 granted automatic two -year extensions for maps that were valid (approved and not expired) on July 15 , 2009 , and set to expire prior to January 1, 2012 ; and AB 208 granted automatic two -year extensions for maps that were valid (approved and not expired) on July 15 , 2011 , and set to exp i re prior to January 1, 2014 . Because of the time extensions granted by the State , Tentative Map 68042 is not due to expire until December 6 , 2014 . (In addition to Tentative Map No. 68042 , the Planning Commission approved Design Review Case No. 08-18 for the architectural design , colors and materials for the eight units , on March 18, 2009 .) During the past few years , the economy has improved enough that new home construction is on the upswing . Presumably , Mr. Strayer took notice of this trend and decided to revive the condominium project; however, he wants to construct more units than the Planning Commission approved originally . Therefore , on December 12 , 2013 , Mr. Strayer, submitted a Land Use Permit Application (hereinafter referred to as PLN-13-00257). He is seeking the Planning Commission 's approval to revise Tentative Tract Map 68042 by increasing the number of condominiums from eight to nine . SITE PHOTOGRAPH PLN-13-00257 (Revise Tentat ive Parcel Map No. 68042) -12106 Old R iver School Road March 5, 20 14 -Page 3 DISCUSSION As this report mentioned previously , the subject property is a rectangular-shaped parcel with 108.47 feet of street frontage along Old River School Road and it is approximately 238 in depth . The subject property is within the R-2 (Two-Family Residential) Zone and has a General Plan Land Use Designation of MDR (Medium Density Residential). The Los Angeles County Assessor's Office identifies it in Book Number 6246 , Page 22 , as Parcel 8. The Planning Commission approved Tentative Tract Map No .68042 thereby allowing the Applicant to subdivide the subject property for condominium purposes. It proposed eight units on the property , comprised of two detached buildings containing two units apiece on each side of a 30'-2 " wide private driveway/fire lane . The private driveway will extend from Old River School Road toward the rear of the site . The original plan incorporated private open space in the form of patio areas and balcony decks , common open space areas at the rear and center of the site , four guest parking spaces and a fire truck turnaround area at the mid-point of the private driveway. Tentative Tract Map No.68042-Revised proposes nine units on the same parcel, with five units on the north side of the private driveway within two detached buildings comprising two units and three units each, and four units on the south side of the private driveway within two detached buildings containing two units apiece . In addition to the amenities provided on the original tentative map , the revised map provides an additional guest parking space. ENVIRONMENTAL ANALYSIS In accordance with the provisions the California Environmental Quality Act (CEQA) staff prepared an Initial Study and Negative Declaration (attached) to assess the potential consequences of implementing the proposal. Staff circulated the environmental documents for public review and comment for twenty-one days pursuant to the review period prescribed in the City's Guidelines for implementing CEQA. The comment period started on February 11, 2014 , and ended March 4 , 2014. Staff concluded that the proposed the project has no potential significant adverse impacts and therefore requires no mitigation measures. The reasons to support this conclusion are documented by the Initial Study . FINDINGS Subsection 6647 4 of the Subdivision Map Act stipulates that a legislative body of a city shall make the following findings to approve a tentative map: 1. That the proposed map is consistent with applicable general and specific plans. 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 Tract Map 68042-Revised will result in an increase to the City's housing inventory threefold; consequently, approval of Tentative Tract Map 68042-Revised is consistent with the goals, policies, programs , and land uses of applicable elements of the General Plan . PLN-13-00257 (Revise Tentative Parcel Map No . 68042) -12106 Old River School Road March 5, 2014-Page 4 2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Program 1.3.1 .5 of Downey Vision 2025 , the Downey General Plan directs the City to encourage land uses consistent with the area 's designation as properties recycle . The subject property is zoned R-2 , Two-Family Residential, which is intended to provide area for two residential units per lot in the form of two detached houses, duplexes , or townhouses, and to maintain the residential character similar to that found in single- family neighborhoods . The proposed project meets this requirement as it seeks to subdivide the subject property for nine (9) condominiums . Said dwelling units will embellish the residential character of the area . The proposed development will also be within the maximum density permitted by the General Plan and the Downey Zoning Code . 3. That the site is physically suitable for the type and density of development. The subject site contains approximately 25 ,848 square feet of land , which is sufficient area to subdivide the site for condominium purposes and comply with the standards for residential development as required by Section 9312.08 of the Downey Municipal Code for properties in the R-2 , Two-Family residential zone. The nine (9) condominiums Tentative Tract Map 68042-Revised proposes , will meet all development standards for the zone . 4. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of this project has been carefully laid out to avoid conditions that could result ins serious public health problems . The Negative Declaration of Environmental Impacts addresses the environmental issues and determined no significant impacts will occur because of project implementation . 5. 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. A Southern California Edison easement traverses the rear six feet of the subject property. Since no structures exist within this area, and none is proposed there, the project will not conflict with this or any other public easements. The subject property has access to Old River School Road. 6. 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 subject site is improved with five (5) dwelling units that exist on the westerly half of the site. These units , which vary in size from 633 square feet to 1, 118 square feet, were constructed prior to the City 's incorporation in 1956. Two driveways provide vehicular access to the units. Grass and a mature tree cover the easterly half of the subject site ; otherwise, this portion of the site is vacant. There are no known areas within the City that host wildlife or their habitat, most particularly species identified as a candidate, sensitive , PLN -13-{)0257 (Rev ise Tentative Parcel Map No . 68042) -12106 Old River School Road March 5, 2014 -Page 5 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 has not received any correspondence regarding this matter. CONCLUSION Based on the analysis contained within this report , 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 adopt a Negative Declaration of Environmental Impact and approve Tentative Tract Map No. 68042-Revised (PLN-13-00257), subject to the recommended conditions of approval. PLN-13-00257 (Revise Tentative Parcel Map No . 68042) -12106 Old River School Road March 5, 2014 -Page 6 LE G END: - _, __ " . _,_ . . _ - - n - - . _ . - ... . _ . . r; : :; _ ! = _ . l.~ ::~·· ~~ : . ~ .• , .. , . .. . , . , .. , . .: : - ·· : : : : : : I" " A 1 * ' ~~ ~ ~ ~~ " ft' g=~ i ~ n ·- · NO I O O . 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''-"""' TENTATIVE TRACT NO. 68042 (REVISED) FOR CONOCJIMNtiJM PVRPOSEl lO!tot OlD !11Ve:llt SCHOOL /IIOAO AI'Ht241-C2Z-901 CITY OF DOWNEY RECEIVeJl OO.:n2W i'\.::::i-·~ • . ..CJ')7 1 !oh(~-..... l .,;.1,11: ; ~ AERIAL PHOTOGRAPH OF THE SUBJECT PROPERTY ZONING MAP PLN-13-00257 (Revise Tentative Parcel Map No. 68042) -12106 Old River School Road March 5, 2014-Page 7 NoRTH~ 6246 22 1CAU r' • 60' ~\ -· 3304 IIQl IUV. A11M"T. SU: .,._.•It 6U 500' RADIUS MAP .$.~·.WN. r'P:l:--~~c-­, Jo 4 0 --------~-ffJ=~--------..,.-v-T-"'2flr--r-;;;-r~::::---,--.,...--, a a:: _, 0 0 r ~ a:: w ?: cr: 0 _, 0 • ~--·- E r ... • RANCHO SANTA GERTRUDES SUBDIVIDED F'OR THE ~A GFJ!.TRUDE:U,.AND ~SOCIATJ9N M.R. 32 •18 TRACT NO 19783 M .B . 635 ·97 ·Q8 LOS ANGELES COUNTY ASSESSOR'S MAP PLN -13..00257 (Revise Tentative Parcel Map No. 68042) -12106 Old River School Road March 5, 2014-Page 8 ~UUUI'1 JIU> C'UlT Of LOS UGll!S, CAl if. AERIAL PHOTOGRAPH OF THE VICINITY PLN-13-00257 (Revise Tentative Parcel Map No . 68042) -12106 Old River School Road March 5, 2014 -Page 9 RESOLUTION NO. __ _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY ADOPTING A NEGATIVE DECLARATION AND APPROVING PLN-13-00257-A REQUEST TO REVISE TENTATIVE TRACT MAP NO. 68042, WHICH APPROVED THE SUBDIVISION OF THE SUBJECT SITE FOR CONDOMINIUM PURPOSES, BY INCREASING THE NUMBER OF CONDOMINIUMS FROM EIGHT TO NINE, ON PROPERTY LOCATED AT 12106 OLD RIVER SCHOOL ROAD, ZONED R-2 SUD (TWO-FAMILY RESIDENTIAL, SECOND UNIT DEVELOPMENT AREA) 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. The Planning Commission held a duly noticed public hearing on December 6, 2007, and after fully considering all oral and written testimony , facts, and opinions offered at the aforesaid public hearing, adopted Resolution No . 07-2515 , and thereby approved Tentative Tract Map 68042 regarding the subdivision of property at 12106 Old River School Road for eight (8) condominiums . B. Tentative Map No . 68042 remains active due to automatic extensions granted by the State of California: SB 1185 granted automatic one-year extensions for maps that were valid (approved and not expired) on July 15 , 2008 , and set to expire prior to January 1, 2011 ; AB 333 granted automatic two-year extensions for maps that were valid (approved and not expired) on July 15, 2009 , and set to expire prior to January 1, 2012; and AB 208 granted automatic two-year extensions for maps that were valid (approved and not expired) on July 15, 2011 , and set to expire prior to January 1, 2014 . Consequently, Tentative Map 68042 is valid and not set to expire until December 6 , 2014 . C . The Applicant, Richard Strayer, proposes to revive the condominium project ; however, he wants to construct more units than Planning Commission approved originally . D. On December 12 , 2013, Mr. Strayer, submitted a Land Use Permit Application (hereinafte r referred to as PLN-13-00257), seeking the Planning Commission's approval of his proposal to revise Tentative Tract Map 68042 by increasing the number of condominiums from eight to nine. E. On February 13, 2014 , notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot. F. The Planning Commission held a duly noticed public hearing on March 5, 2014 , and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution . Resolution No . ----- Downey Planning Commission SECTION 2. The Planning Commission further finds , determines and declares that: A. An Initial Study and Negative Declaration were prepared for PLN-13-00257, in accordance with the provisions of the Californ ia Environmental Quality Act (CEQA), State CEQA Guidelines , and the City of Downey's Procedures for Implementing CEQA. B. City staff made the Initial Study and the proposed Negative Declaration available to the public for review and comment from February 7, 2014 to March 4 , 2014. C. The Downey Planning Commission held a public hearing on March 5, 2014 , at which time evidence was heard on the Initial Study and the proposed Negative Declaration. The Planning Commission reviewed and considered the environmental documents carefully at the public hearing , along with comments received during the public review period . D. In light of the foregoing , the Planning Commission adopted the Negative Declaration prepared for PLN-13-00257 , along with its findings and conclusions . SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Tentative Tract Map , the Planning Commission further finds, determines and declares that: 1. That the proposed map is consistent with applicable general and specific plans. 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 Tract Map 68042-Revised will result in an increase to the City's housing inventory threefold; consequently, approval of Tentative Tract Map 68042-Revised is consistent with the goals , policies, programs , and land uses of applicable elements of the General Plan. 2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Program 1.3.1.5 of Downey Vision 2025, the Downey General Plan directs the City to encourage land uses consistent with the area 's designation as properties recycle. The subject property is zoned R-2 , Two-Family Residential , which is intended to provide area for two residential units per lot in the form of two detached houses , duplexes, or townhouses , and to maintain the residential character similar to that found in single-family neighborhoods. The proposed project meets this requirement as it seeks to subdivide the subject property for nine (9) condominiums . Said dwelling units will embellish the residential character of the area . The proposed development will also be within the maximum density permitted by the General Plan and the Downey Zoning Code. 3. That the site is physically suitable for the type and density of development. The subject site contains approximately 25 ,848 square feet of land , which is sufficient area to subdivide the site for condominium purposes and comply with the standards for residential development as required by Section 9312.08 of the Downey Municipal Code for properties in the R-2, Two-Family residential zone . The nine (9) condominiums Tentative Tract Map 68042-Revised proposes , will meet all development standards for the zone. Tentative Tract Map No . 68042-Revised (PLN-13-00257) 12106 Old River School Road March 5 , 2014 -Page 2 Resolution No. ----- Downey Planning Commission 4. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of this project has been carefully laid out to avoid conditions that could result in serious public health problems . The Negative Declaration of Environmental Impacts addresses the environmental issues and determined no significant impacts will occur because of project implementation . 5. 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. A Southern California Edison easement traverses the rear six feet of the subject property. Since no structures exist within this area , and none is proposed there, the project will not conflict with this or any other public easements. The subject property has access to Old River School Road . 6. 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 subject site is improved with five (5) dwelling units that exist on the westerly half of the site . These units, which vary in size from 633 square feet to 1,118 square feet, were constructed prior to the City's incorporation in 1956 . Two driveways provide vehicular access to the units. Grass and a mature tree cover the easterly half of the subject site ; otherwise, this portion of the site is vacant. 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 , the proposed the project will not impact wildlife resources . 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 Tentative Tract Map No. 68042- Revised (PLN-13-00257), 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 5th day of March 2014 . Robert Kiefer , Chairman City Planning Commission Tentative Tract Map No . 68042-Revised (PLN -13-00257) 12106 Old River School Road March 5 , 2014 -Page 3 Resolution No . ----- Downey 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 5th day of March 2014 , by the following vote, to wit: AYES : NOES: ABSENT: ABSTAIN: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS : Mary Cavanagh, Secretary City Planning Commission Tentative Tract Map No . 68042-Revised (PLN-13-00257) 12106 Old River School Road March 5 , 2014 -Page 4 Resolution No. ----- Downey Planning Commission TENTATIVE TRACT MAP NO. 68042 -REVISED (PLN-13-00257) EXHIBIT A -CONDITIONS 1) On December 6 , 2007 , the Planning adopted Resolution No. 07-2515 , and thereby approved Tentative Tract Map 68042 regarding the subdivision of property at 12106 Old River School Road for eight (8) condominiums. This approval of PLN-13-00257 (Tentative Tract Map 68042-Revised) allows for the subdivision of the subject site into nine (9) condominiums . Otherwise , all conditions of approval set forth in Conditional Use Permit No . 94-40 shall remain in force and in full effect. Deviations or exceptions from said approval shall not be permitted without the approval of the City Planning Commission . 2) The Owner/Applicant agrees , as a condition of approval of this resolution, to indemnify , defend and hold harmless , at Applicant's expense , City and C ity'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 . 3) Approval of this Tentative Tract Map 68042-Revised (PLN -13-00257) 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 . 4) 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. Tentative Tract Map No . 68042-Rev ised (PLN -13-00257) 12106 Old River School Road Marc h 5 , 2014-Page 5 RESOLUTION NO. 07-2515 TENTATIVE TRACT MAP NO. 07-68042 FOR EIGHT (8) UNIT CONDOMINIUM COMPLEX LOCATED AT 12106 OLD RIVER SCHOOL ROAD ZONED R-2, SUD 23 (TWO-FAMILY RESIDENTIAL, SECOND UNIT DEVELOPMENT AREA NO. 23) AND TO ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey hereby finds , determines and declares as follows : A. An application was filed with the City Planning Department by Paul DeTilla (hereinafter "applicant") to approve Tentative Tract Map No. 07-68042 to develop a 8-unit condominium complex on a 25,848 square foot parcel on property at 12106 Old River School Road (hereinafter "subject property") and zoned R-2 , SUD 23 (Two-Family Residential , Second Unit Development Area No. 23). B . The Planning Commission held a duly noticed public hearing on December 6 , 2007 , and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 07- 2515, approving Tentative Tract Map No . 07-68042 for the Subject Property. SECTION 2. 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 tract map is consistent with applicable General and Specific Plans per Section 65451 of the Government Code. The development meets the minimum standards of the Downey Municipal Code. 2. The design of the proposed subdivision is consistent with the applicable general and specific plans . General Plan Program No . 1.3 .2 . 7 directs the City to "Encourage the grouping of adjoining small or odd-shaped parcels in order to create more viable developments". Program 1.4.3 .1 of the Downey General Plan encourages the establishment of Planned Unit Developments to provide more ownership housing . The proposed development is also within the maximum density permitted by the General Plan and Downey Municipal Code. 3 . The subject property is physically suitable for the development. Vision 2025 General Plan has designated the land use for the properties located west of Stewart and Gray Road between Old River School Road and Rives Avenue to be designated as MDR (Medium Density Residential). Thus , the applicant is proposing a development that the City's General Plan intends. 4 . The subject property is physically suitable for the proposed density of the development. The R2, SUD zone permits two units for every 5 ,000 square feet. The maximum number of units permitted on the 25 ,848 square foot property is ten units , while the applicant proposes to construct eight units. Resolution No . 07-2515 Downey Planning Commission 5. The design of the proposed map is not likely to cause substantial environmental damage. The subject property is located in a built out urbanized area and has been developed in the past and no fish or wildlife presently exist on the subject property. Included is a copy of the Negative Declaration of Environmental Impact showing the no significant impacts created by the project. 6 . The design of this project has been carefully laid out to avoid conditions that could result in serious public health problems. The Negative Declaration of Environmental Impacts addresses all environmental issues and no significant impacts were found through the initial study. 7 . The proposal will not conflict with easements, acquired by the public at large , for access through or use of, property within the subject property . The subject properties have access off Old River School Road . SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution , the Planning Commission of the City of Downey hereby approves Tentative Tract Map No . 07- 68042 subject to conditions of approval attached hereto as Exh ibit A. SECTION 4. This tentative tract map shall become null and void unless construction has commenced within two years of this approval and pursued diligently to completion or a one year extension of time granted by the Downey Planning Commission , pursuant to Section 9127 of the Downey Municipal Code. SECTION 5. The Secretary shall certify the adoption of this Resolution . APPROVED AND ADOPTED this 6th day of December 2007 . Terry Lambros Terry Lambros, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Planning Commission of the City of Downey at a meeting held on the 6th day of December, 2007 , by the following vote : AYES : NOES: ABSENT: COMMISSIONERS : Brossmer, McCaughan, Lambros COMMISSIONERS : None COMMISSIONERS : Allen , Murray TTM No . 07-68042 12016 Old River School Road December 6 , 2007 -Page 2 Theresa Still Theresa Still , Secretary City Planning Commission Resolution No . 07-2515 Downey Planning Commission TENTATIVE TRACT MAP NO. 07-68042 EXHIBIT A-CONDITIONS PLANNING DIVISION 1) This approval is for Tentative Tract Map No . 07-68042 , as shown on the approved tract map date stamped August 15 , 2007 . The tract map is to develop a 8-unit condominium complex on a 25 ,848 square foot parcel on property 12106 Old River School Road , currently zoned R-2 , SUD 23 (Two-Family Residential , Second Unit Development Area No . 23). Deviations or exceptions from tract map and site plan shall not be permitted without approval by the Downey Planning Commission . 2) The Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare . 3) All conditions of Tentative Tract Map No. 07-68042 shall be complied with before this tentative tract map becomes valid . 4) Prior to issuance of building permits , a final tract map shall be approved by the Planning Commission and City Council and Tract Map No. 07-68042 shall be recorded. 5) Prior to issuance of permits, the applicant shall obtain approval from the Design Review Board (ORB) of colors and materials , architecture design , landscaping and irrigation. 6) Prior to final approval of the map , the applicant shall pay required park-in lieu fees for 8 new units as required by the City . 7) A solid masonry wall , not less than 5.5 feet and no more than 7 feet in height above finished grade shall be constructed and maintained along the east (rear), and north and south lot lines of the subject property , with the exception of the minimum required 20 - foot front yard setback . Where there is a grade difference, the height shall be measured from the higher grade as stipulated by Section 9152.26(b) of the Downey Municipal Code . Where there is an existing wall of adequate height, the required walls shall be provided as stipulated by Section 9152 .28(a) of the Downey Municipal Code. BUILDING DIVISION 8) Separate sewer(s) shall be constructed to each [Lot , Parcel , Bldg] to the standards of the City Engineering and Building and Safety Divisions or a sewer covenant shall be recorded with the Los Angeles County Recorder and a copy filed with the City Planning Division. 9) All electrical and telephone utilities shall be installed underground or at the rear lot lines to the standards of the City Engineering Division and Building and Safety Division. 1 0) Obtain all necessary plan approvals and permits . 11) All Building Department conditions to be completed prior to "Occupancy of the Structure ". All comments/conditions related to this action shall be incorporated into the design documents as a separate sheet and reflects all conditions from each department having specific requirements as to this action . TTM No . 07 -68042 12016 Old River School Road December 6 , 2007 -Page 3 Resolution No . 07-2515 Downey Planning Commission 12) Comply with all technical code requirements at the time of submission to the Building and Safety Division for Plan Review . FIRE DEPARTMENT 13) Mains and hydrants shall be in service prior to combustible building material being allowed on site and locations to be determined by the Fire Department and Water Department. 14) Hydrant spacing shall not exceed 500 feet for single family , duplex, triplex residential units . 15) Hydrants located on the opposite side of streets over 80 feet in width shall not be used to satisfy the requirements for hydrant spacing. 16) Additional public hydrants may be required depending upon required fire flows , street width, center dividers or other physical barriers , existing or anticipated traffic volume . 17) When it is determined by the Fire Department that a single road might be impaired by vehicle congestion , terrain or other factors , more than one means of access may be required . 18) Fire Lane or Fire Access road requirements : (Minimum Width of Private Roads Also Used for Fire Apparatus Access): Type of Parking Minimum Road Width No Parking permitted on road 25 Parking permitted on one side of the road 28 Parking permitted on both sides of the 34 road 19) Vertical Clearance shall be 13 feet , 6 inches unobstructed. 20) Turning radius shall be minimum 40 feet outside , 25 feet inside . 21) Grade not to exceed 10 %. 22) Fire lanes shall be posted in accordance with the CFC and the California Vehicle Code (C.V.C.), Section 22500 .1 which requires : • A sign , citing C.V.C. 22500 .1, posted immediately adjacent to, and visible from , the designated place clearly stating that the place is a fire lane; • Outlining or painting the place in red and , in contrasting color, marking the place with the words "FIRE LANE " which are visible from the vehicle , OR by a red curb or red paint n the edge of the roadway which is clearly marked by the words "FIRE LANE". 23) The required width of a fire lane shall not be obstructed in any manner, including stopping or parking of vehicles . Entrances to fire lanes which have been close with gates or barriers , approved by the Fire Department shall not be obstructed. TTM No. 07-68042 12016 Old River School Road December 6 , 2007 -Page 4 Resolution No . 07-2515 Downey Planning Commission 24) Dead ends. Access roads greater than 150 feet in length shall have an approved means for turning around fire apparatus. 25) "All new building(s) to be constructed for Group R occupancy purposes (CFC Appendix VI G) shall be protected by an approved Automatic Fire Extinguishing System throughout, installed in accordance with nationally recognized standards, this requirement shall also apply when said building(s) has been vacated for one year or more". UTILITY DIVISION 26) The owner/applicant 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 . 27) The owner/applicant shall install all utilities underground. 28) The owner/applicant shall furnish and install a new (min . 1-inch) dedicated potable water service line, meter, and meter box for each unit. 29) The owner/applicant shall furnish and install a (min. 1-inch) dedicated water service line , meter, and meter box for the landscaping irrigation system . 30) The owner/applicant shall furnish and install backflow device(s) in accordance with the Department of Public Works and the State and County Department of Health Services requirements . 31) The owner/applicant shall confirm availability of adequate fire flow and pressure in accordance with the Department of Public Works and Downey Fire Department requirements . 32) The owner/applicant shall furnish and install fire hydrant(s) and dedicated fire protection lateral(s) including backflow devices, fire department connections and other appurtenances as required by the Department of Public Works and the Downey Fire Department. Said devices are to be located on private property and be readily accessible for emergency and inspection purposes . 33) The owner/applicant shall provide and record utility easement(s) for access to , and inspection and maintenance of, public water lines , meters and appurtenances, and backflow devices. 34) The owner/applicant shall furnish and install sanitary sewer lateral(s) within the public right of way in accordance with the requirements of the Department of Public Works . 35) The owner/applicant shall identify the point(s) of connection for the sanitary sewer lateral(s) and confirm that sufficient capacity exists in the publicly owned facilities in conformance with the requirements of the Department of Public Works and the County Sanitation Districts of Los Angeles County (CSDLAC). 36) The owner/applicant shall connect the sanitary sewer lateral(s) to the existing 18 " CSDLAC trunk sewer in Old River School Road. Permission to connect to the trunk TTM No. 07-68042 12016 Old River School Road December 6 , 2007 -Page 5 Resolution No . 07-2515 Downey Planning Commission sewer must be obtained from CSDLAC and construction of the connection(s) must be in accordance with CSDLAC and the Department of Public Works requirements . 37) The owner/applicant is responsible for coordinating with, and payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity charges . 38) The owner/applicant shall obtain all necessary plan approvals and permits . 39) The owner/applicant shall provide improvement plans in accordance with the requirements of the Department of Public Works that have been signed by a civil engineer licensed in the State of California . ENGINEERING DIVISION 40) The owner/applicant shall install one (1) 16000-lumen high -pressure sodium street light with full-cutoff fixture optics on existing wood power pole along Old River School Road frontage . 41) The owner/applicant hereby consents to the annexation of the property into the Downey City Lighting Maintenance District in accordance with Division 15 of the Streets and Highways Code , and to incorporation or annexation into a new or existing Benefit Assessment or Municipal Improvement District in accordance with Division 10 and Division 12 of the Streets and Highways Code and/or Division 2 of the Government Code of the State of California . 42) The owner/applicant shall install all utilities underground . 43) The owner/applicant shall submit an engineered grading plan and/or hydraulic calculations and 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 . Alllot(s) shall not has 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 . Provide the following information on plans : topographic site information, including elevations, dimensions/location of existing/proposed public improvements adjacent to project (i.e . street , sidewalk , parkway and driveway widths , catch basins , pedestrian ramps); the width and location of all existing and proposed easements, the dimensions and location of proposed dedications ; (existing and proposed underground utility connections); the location , depth and dimensions of potable water, reclaimed water and sanitary sewer lines ; chemical and hazardous material storage , if any, including containment provisions; and the type of existing use , including the gross square footage of the building , and its disposition . 44) The owner/applicant shall construcUinstall curb , gutter, sidewalk, portland cement concrete driveway approaches , and two (2) street trees (24-inch box with 2-inch diameter trunk) and pavement 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 . Contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified just prior to applying for a Public Works Excavation Permit. 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 TTM No . 07-68042 12016 Old River School Road December 6 , 2007 -Page 6 Resolution No. 07-2515 Downey Planning Commission Construction and as modified by the City of Downey's Standard Plans and Specifications . 45) All driveway approaches shall be as wide as the driveway or parking aisle they serve . All unused driveways shall be removed and reconstructed with full-height curb, gutter and sidewalk . 46) The owner/applicant shall install pavement, which consists of a minimum section of 4 " thick aggregate base , and a minimum 2-112'' thick asphalt concrete pavement. 47) The owner/applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; and Ordinance 1142 of the Downey Municipal Code (DMC). Furthermore , the owner/applicant shall be required to Certify and append Public Works standard "Attachment A" to all construction and grading plans as required by the LACoDPW Stormwater Quality Management Plan (SQMP). 48) The owner/applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed . 49) 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 tract map . The owner/applicant shall grant utility easements in the name of the City . 50) The owner/applicant shall submit a recorded mylar copy of the final map , a digital AutoCAD format file (AutoCAD 2000 or later) and scanned , uncompressed TIFF images of Tract map 68042 on a CD-ROM media. 51) The legal description provided on the plans does not reflect previous street dedications . H:\PLANNING\RESOS\PC\2007\07 -2515.doc TTM No. 07-68042 12016 Old River School Road December 6 , 2007 -Page 7 Resolution No . 07 -2515 Downey Planning Commission Attachment A Storm Water Pollution Control Requirements for Construction Activities Minimum Water Quality Protection Requirements for All Development Construction Projects/Certification Statement The following is intended as an attachment for construction and grading plans and represent the minimum standards of good housekeeping which must be implemented on all construction sites regardless of size. 0 Eroded sediments and other pollutants must be retained on site and may not be transported from the site via sheetflow, swales , area drains , natural drainage courses or wind. 0 Stockpiles of earth and other construction related materials must be protected from being transported from the site by the forces of wind or water. 0 Fuels , oils, solvents and other toxic materials must be stored in accordance with their listing and are not to contaminate the soil and surface waters. All approved storage containers are to be protected from the weather. Spills must be cleaned up immediately and disposed of in a proper manner. Spills may not be washed into the drainage system. 0 Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project site . 0 Excess or waste concrete may not be washed into the public way or any other drainage system . Provisions shall be made to retain concrete wastes on site until they can be disposed of as solid waste. 0 Trash and construction related solid wastes must be deposited into a covered receptacle to prevent contamination of rainwater and dispersal by wind. 0 Sediments and other materials may not be tracked from the site by vehicle traffic . The construction entrance roadways must be stabilized so as to inhibit sediments from being deposited into the public way. Accidental depositions must be swept up immediately and may not be washed down by rain or other means. 0 Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to inhibit erosion by wind and water. 0 Other As the project owner or authorized agent of the owner, I have read and understand the requirements listed above, necessary to control storm water pollution from sediments , erosion, and construction materials , and I certify that I will comply with these requirements. Project Name :--------------------------- Project Address : _________________________ _ Print Name ------------------(Owner or authorized agent of the owner) Signature ________________ _ (Owner or authorized agent of the owner) TIM No . 07-68042 12016 O ld Rive r School Road Decembe r 6 , 2007 -Page 8 Date -------- NOTICE C. 1NTENT TO ADOPT/ NOTICE OF AVJ-..~ABILITY NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR PLN-13-00257 (TENTATIVE TRACT MAP NO. 68042 REVISED) This serves as the City of Downey's Notice 'of Intention to adopt an Initial Study/ Negative Declaration of Environmental Impact for PLN-13-00257 (Tentative Parcel Map No. 68042-Revised). The Downey Planning Division will receive comments on this draft environmental document from February 11 , 2014 to March 4, 2014 . The Downey Planning Commission is scheduled to hold a public hearing to consider the proposed project on March 5 , 2014, at 6 :30p.m . in the Council Chambers of Downey City Hall , 11111 Brookshire Avenue, City of Downey , California . Project Title: Lead Agency Name and Address: Contact Person and Phone Number: Project Location: Project Sponsor(s) Name and Address: Project Description PLN-13-00257 (Tentative Parcel Map No . 68042-Revised) City of Downey 11111 Brookshire Avenue Downey , CA 90241 William Davis , City Planner (562) 904 -7 154 12106 Old River School Road City of Downey 11111 Brookshire Avenue Downey , CA 90241 ORIGINAL FILED FEB 1 1 2014 LOS ANGELES, COUNTY CLERK A request to revise Tentative Parcei 1 Map No . 68042 , which approved the subdivision of the subject site for condominium purposes , by increasing the number of condominiums from eight to nine NOTICE IS HEREBY GIVE THAT the City of Downey proposes to adopt a Negative Declaration of Environmental Impact for the above -cited project. Such Negative Declaration of Environmental Impact is based on the findings that the project has no potential significant adverse impacts and therefore requires no mitigation measures . The reasons to support such a finding are documented by an Initial Study prepared by the City of Downey . Copies of the Initial Study and the proposed Negative Declaration of Environmental Impact may be obtained from : William Davis , City Planner City of Downey City Hall , Planning Division 11111 Brookshire Avenue Downey , CA 90241 In accordance with the State Guidelines for implementing the California Environmental Quality Act (CEQA), any comments concerning the findings of the proposed Initial Study/ Negative Declaration of Environmental Impact must be received by the City of Downey no later than 5:30p.m ., March 4 , 2014 , in order to be consi d by the Planning Commiss/1on's de mination on the project. Please send your comments to the add ess a ve . • , _/ February 10, 2014 Date City of Downey ----------------------FUTURE UNLIMITED1------ INITIAL STUDY FOR NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT I. INTRODUCTION: 1. Project Title: PLN-13 -00257 (Tentative Tract Map No . 68042 Revised) 2. Lead Agency Name and Address: City of Downey Community Development Department, Planning Division 11111 Brookshire Avenue Downey , CA 90241 3. Contact person and phone number: William E. Davis , City Planner--(562) 904 -7153 4. Project Location: 121 06 Old River School Road 5. Applicant and Property Owner: Property Owner: Mr. Richard Strayer Old River School Road , LLC 800 S. Harbor Blvd . #210 -A Anaheim, CA 92805 6. General Plan Designation: MDR (Medium Density Residential) 7. Zoning: R-2 SUD (Two-Family Residential , Second Unit Development Area) 8. Description of project: PLN-13-00257 -A request to revise Tentative Parcel Map No . 68042 , which approved the subdivision of the subject site for condominium purposes , by increasing the number of condominiums from eight to nine . 9. Description of project site (as it currently exists): The subject property comprises 26 ,232 square feet of land (0 .60 acre), on the east side of Old River School Road , mid-block between Laura Street and Rundell Street. Five (5) dwelling units exist on the westerly half of the site . These units , which vary in size from 633 square feet to 1,118 square feet , were constructed prior to the City 's incorporation in 1956. Two driveways provide vehicular access to the un its . Grass and a mature tree cover the easterly half of the subject site ; otherwise, this portion of the site is vacant. CEQA INITIAL STUDY -PLN-13-00257 (TENTAT IVE MAP No . 68042 -REVISED) 1.0 • INTRODUCTION 10. Description of surrounding properties: A variety of land uses exist in the vicinity of the subject property . Multiple-family dwellings comprise two properties immediately north of the project site , while single-family dwellings comprise properties to properties to the south and east. The Los Amigos Golf Course and Old River School Elementary School exist on the opposite side of Old River School Road to the west. Properties north and south of the project site are zoned R-2 (Two-Family Residential), while the properties to the east and west are within the R-1 (Single-Family Residential) zone. 11. City Characteristics: The City of Downey is 12 .8 square mile community that is located in the southeastern part of Los Angeles County . According to the State of California Department of Finance estimates , on January 1, 2012, the population of the City of Downey is 112 ,201 persons . The City of Downey is located about 12 miles southeast of downtown Los Angeles and is bounded by the Rio Hondo River on the west; Telegraph Road on the north ; the San Gabriel River on the east ; and Gardendale Street and Foster Road on the south. Cities bordering Downey include Pico Rivera on the north and Santa Fe Springs on the northeast, Norwalk on the east , Bellflower and Paramount on the south , South Gate on the southwest and west and Commerce on the northwest. Regional access to and from the City of Downey is provided by the Santa Ana (1-5) Freeway ; Glen Anderson Freeway (1 -105) Freeway ; the San Gabriel River Freeway (1-605) Freeways ; and the Long Beach Freeway (1-710); and MTA Green Line Light Rail passenger train services at the Lakewood Boulevard station . 12. Other public agencies whose approval is required: (e.g., perm its, financing approval , or participation agreement.) None City of Downey Page2 February 5, 2014 CEQA INITIAL STUDY -PLN-13 -00257 (TENTATIVE MAP NO. 68042 -RE VISE D) 2.0-ENVIRONMENTAL CHECKLIST II. ENVIRONMENTAL CHECKLIST OF POTENTIALLY AFFECTED ISSUES: The environmental factors checked below would be potentially affected by this project , involving at least one impact that is a "Potentially Significant Impact" as ind icated by the checklist in section Ill. D Aesthetics D Land Use and Planning D Agriculture Resources D Mineral Resources D Air Quality D Noise D Biological Resources D Population and Housing D Cultural Resources D Public Services D Geology and Soils D Recreation D Hazards & Hazardous Materials D Transportation/Traffic D Hydrology & Water Quality D Utilities & Service Systems D Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation : D D D D I find that the proposed project COULD NOT have a sign ificant effect on the environment, and a NEGATIVE DECLARATION will be prepa red . I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required . I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable lega l standards , and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated ". An ENVIRONMENTAL IMPACT REPORT is required , but it must analyze only the effects that remain to be addressed . I find that although the proposed proj ect could have a significant effect on the environment, there WILL NOT be a significant effect in th is case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to appl icable standards , and (b) have been avoided or mitigated pursuant to that earlier EIR , including revisions or mitigation measures that are imposed upon the proposed project. Signature : Date : City of Downey William E. Davis , City Planner City of Downey Page 3 ------------------------- February 5, 20 14 CEQA INITIAL STUDY -PLN -13-00257 (TENTATIVE MAP No . 68042 -REVISED) 3.0-ENVIRONMENTAL EVALUATION Ill. DISCUSSION OF ENVIRONMENTAL EVALUATION This section analyzes the potential environmental impacts which may result from the proposed project. For the evaluation of potential impacts, the questions in the Initial Study Checklist are stated and answers are provided according to the analysis undertaken as part of the Initial Study . They outline the following issues : 1. Aesthetics 10 . Mineral Resources 2. Agriculture Resources 11 . Noise 3. Air Quality 12 . Population and Housing 4. Biological Resources 13 . Public Services 5. Cultural Resources 14. Recreation 6. Geology and Soils 15 . Transportation and Traffic 7. Hazards and Hazardous Materials 16. Utilities and Service Systems 8. Hydrology and Water Quality 17 . Mandatory Findings of Significance 9 . Land Use and Planning The analysis considers the project's short-term impacts (construction-related), and its operational or day- to-day impacts. For each question , there are four possible responses . They include: 1. No Impact. Future development arising from the project's implementation will not have any measurable environmental impact on the environment and no additional analysis is required . 2. Less Than Significant Impact. The development associated with project implementation will have the potential to impact the environment; these impacts, however, will be less than the levels or thresholds that are considered significant and no additional analysis is required . 3 . Potentially Significant Impact Unless Mitigated. The development will have the potential to generate impacts which will have a significant effect on the environment; however, mitigation measures will be effective in reducing the impacts to levels that are less than significant. 4 . Potentially Significant Impact. Future implementation will have impacts that are considered significant, and additional analysis is required to identify mitigation measures that could reduce these impacts to less than significant levels. City of Downey Page4 February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP No . 68042 -REVISED) 1. AESTHETICS. Would the project: a. Have a substantial adverse effect on a scenic vista? b. Substantially damage scenic resources , including , but not limited to, trees , rock outcroppings , and historic buildings within a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Response: Potentially Significant Impact-EIR Analysis Is required D D D D 4.0-EXHIBITS Potentially Sign ificant Unless Less Than Mitigation Significant No Incorporated Impact Impact D D D D D D D ~ D (a and b): The City of Downey is an urban environment with no scenic vistas or scenic highways . (c): The project site is located within the R-2 , (Two-Family Residential) zone , as are properties adjacent to its north and south boundaries . The R-2 zone site is currently vacant automotive dealership. Approval of the project will facilitate construction of a new nine unit condominium development, which will enhance the streetscape on Old River School Road by recycling an 82 years old residential property . No impact is expected since the project will upgrade the existing visual character or quality of the site and its surroundings. (d): The project will add new lights to the site ; however, it is not anticipated that the amount of light from the site would affect views in the area . Nevertheless, the City of Downey Municipal Code Section 9520.06 prohibits the lights from illuminating other properties or the public right-of-way . Since the Municipal Code provides these restrictions, no additional mitigation is needed . 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland . Would the project: a. Convert Prime Farmland, Unique Farmland , or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency , to non- agricultural use? b. Conflict with existing zoning for agricultural use or a Williamson act contract? c. Involve other changes in the existing environment which , due to their location or nature , could result in conversion of Farmland, to non-agricultural use? Response: D D D D D D D D D (a through c): The City of Downey is an urbanized area that is mostly built out with only infill development potential. There are no agricultural lands within the City 's boundaries. Furthermore, the City 's General Plan (Vision 2025) does not include provisions for agricultural uses in the future. While the City has a variety of zoning districts, in which agricultural uses are only allowed in the Open Space (0-S) zone . This property does not serve City of Downey PageS February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP No . 68042 -REVISED) as agriculture land or contain Open Space zoning Potentially Significant Impact -EIR Analysis Is required Potentially Significant Unless Mitigation Incorporated 4.0-EXHIBITS Less Than Significant Impact No Impact 3. AIR QUALITY. Where available , the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a. Conflict with or obstruct implementation of the applicable air D D ~ D quality plan? b. Violate any air quality standard or contribute substantially to D D ~ D an existing or projected air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-D D ~ D attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant D D ~ D concentrations? e . Create objectionable odors? D D D [t1 Response: (a through c): Short term air quality impacts can be anticipated from construction equipment operating on the site and dust created during grading operations. Nevertheless, these impacts are considered less than significant due to the short term nature of the construction , construction equipment is already required to comply with the California Air Resource Board's (CARS) regulations, and all construction activity is subject to the South Coast Air Quality Management District's (SCAQMD) regulations regarding fugitive dust. Furthermore, the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on January 25 , 2005 , includes several mitigation measures intended to reduce air quality impacts from construction . Since these mitigation measures are already required on the construction , no additional mitigation is required . The most recent AQMP outlines emission strategies and programs designed to bring the region into attainment or maintain attainment with federal and state ambient standards of ozone, carbon monoxide, dioxide and particulate matter. Also, nine dwelling units will not generate long term air quality impacts, since the only source of air pollution will arise from an increase in vehicle trips from the site. The project will create four (4) additional units on the subject site, which should create approximately 23 more vehicle trips : an insignificant amount considering the number of vehicles that travel on Old River School Road daily . (d): Sensitive receptors include day care centers (adult & child), schools , hospitals, churches, rehabilitation centers, and long-term care facilities (i .e . assisted living facilities). A review of the area shows that there are sensitive receptors, including a school (Old River Elementary), a church (Fa-Kwang Temple) and a golf course (Los Amigos Golf Course) within Y.. mile of the subject site. While short-term construction impacts can occur to the sensitive receptors, the FEIR for the General Plan Update contains several mitigation measures intended to reduce these types of air quality impacts. Since these mitigation measures are already required on the construction, no additional mitigation is required . (e): The proposed project will not create objectionable odors beyond those normally associated with residential uses . No mitigation measures are necessary. City of Downey Page6 February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP No . 68042 -REVISED) 4.0-EXHIBITS Potentially Potentially Significant Significant Impact-EIR Unless Less Than Analysis Is Mitigation Significant No reguired lncoreorated lmeact lmeact 4. BIOLOGICAL RESOURCES. Would the project: a . Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate , sensitive, or special status species in local or 0 0 0 ~ regional plans, policies , or regulations , or by the California Department of Fish and Game or U.S . Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or 0 0 0 ~ regional plans, policies , and regulations or by the California Department of Fish and Game or U.S . Fish and Wildlife Service? C. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act 0 0 0 (including, but not limited to , marsh , vernal pool , coastal , etc.) through direct removal , filling , hydrological interruption , or other means? d . Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with 0 0 0 ~ established native resident or migratory wildlife corridors , or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting 0 0 0 biological resources? (i.e . tree preservation ordinance). f . Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan , 0 0 0 or other approved local , regional or state habitat conservation plan? Response: (a through f): The City of Downey is an urbanized area that is mostly built out with only infill development potential. According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on January 25, 2005, there are no known species identified as a candidate, sensitive , or special status species; no known wetlands ; and no known native resident or migratory fish or wildlife species or established native resident or migratory wildlife corridors, or native wildlife nursery sites within the City . Furthermore , the City of Downey does not have any local policies or ordinances protecting biological resources , nor is there any adopted Habitat Conservation , Natural Community Conservation , or other approved local , regional or state habitat conservation plans. 5. CULTURAL RESOURCES. Would the project: a. Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines 5064.85? b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines 5064 .5? City of Downey Page 7 0 0 0 0 0 0 February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP NO . 68042 -REVI SED) c . Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d . Disturb any human remains , including those interred outside of formal cemeteries? Response: Potentially S ignificant Impact -EIR Analysis Is required 0 0 4.0-EXHIBITS Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact 0 0 e1 0 0 (a): The structures on 12106 Old River School Road were constructed between 1932 and 1953 , which makes them older than most structures in Downey. Based on no other factors other than age , the structures may be considered historical resources ; however, the structures do not have any unique characteristics beyond age that meet the criteria set forth on CEQA Guidelines Section 15064.5 for historical structures. Therefore, demolishing the structures will not create a significant impact on historical resources. (b through d): The subject area does not contain any known archaeological or paleontological resources or any known human remains . Nevertheless , should any be discovered on the site , the applicant is required to comply with the provisions set forth Section 15064.5 of Title 14 , Chapter 3 of the California Code of Regulations (CEQA Guidelines). 6. GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury , or death involving : 1) Rupture of a known earthquake fault , as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning 0 0 0 Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2) Strong seismic ground shaking? 0 0 ~ 0 3) Seismic-related ground failure , including liquefaction? 0 0 ~ 0 4) Landslides? 0 0 0 [i3 b. Result in substantial soil erosion or the loss of topsoil? 0 0 0 [i3 C. Be located on a geologic unit or soil that is unstable , or that would become unstable as a result of the project, and 0 0 0 potentially result in on-or off-site landslide, lateral spreading , subsidence, liquefaction or collapse? d. Be located on expansive soil , as defined in the California 0 0 0 Building Code, creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of 0 0 0 septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of water? City of Downey PageS February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP No . 68042 -REVISED) Response: Potentially Significant Impact-EIR Analysis Is required Potentially Significant Unless Mitigation Incorporated 4.0-EXHIBITS Less Than Significant Impact No Impact (a1 though a3): The City of Downey is not located within an Alquist-Priolo Earthquake Fault Zone . Nevertheless, the City, like much of Southern California , is located in an area that is considered seismically active. The nearest known fault to the City is the Whittier fault, which is approximately 5 miles from the City 's boundaries. According to the Southern California Earthquake Data Center, the maximum probable earthquake that can be generated by the Whittier Fault is a magnitude 7.2 . This impact is considered to be less than significant since , the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on January 25, 2005, includes a mitigation measure that requires all construction is required to be designed and built to the seismic safety standards set forth in the Building Code, which will minimize the risk of loss , injury , or death due to seismic activity . No additional mitigation measures are required . (a4): The City of Downey is relatively flat with no landslides being anticipated . (b): Long term loss of topsoil and/or soil erosion is not expected since the entire site will be improved with the dwelling units, streets, or landscaping. Moreover, construction activities are required to incorporate Best Management Practices (BMP's) to prevent soil erosion during construction . (c and d): Prior to the issuance of building permits, the applicant is required to submit a soil and geological report . Said report shall demonstrate how the project will mitigate any soil stability issued, including lateral spreading, subsidence, liquefaction , and expansive soils . (e): The City of Downey is an urban area that is served by a sanitary sewer system. New septic tanks are prohibited within the City. 7. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962 .5 and , as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted , within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? City of Downey Page9 D D D D D D D D D D D D D D D February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP No. 68042 -REVISED) 4.0-EXHIBITS Potentially Potentially Significant Significant Impact-EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact f . For a project within the vicinity of a private airstrip , would the D D D ~ project result in a safety hazard for people residing or working in the project area? g . Impair implementation of or physically interfere with an D D D adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss , injury or death involving wild land fires , including where wild D D D lands are adjacent to urbanized areas or where residences are intermixed with wild lands? Response: (a & b): The project site is not listed as a hazardous materials site and is not expected to create significant hazard other than those associated with residential uses. Transportation and storage of hazardous materials is not associated with residential uses typically . Any storage of hazardous materials at the site requires the applicant/property owner to notify the C ity of Downey Fire Department for evaluation and approval. (c): Old River Elementary School is located within ~ mile of the project site , on the opposite side of Old River School Road and immediately northwest of the subject property. Nevertheless , the residential uses proposed by the project proponent are not expected to emit or involve (d): The project site is not listed as a hazardous materials site and is not expected to create significant hazard other than those associated with residential uses. Transportation and storage of hazardous materials is not associated with residential uses typically . Any storage of hazardous materials at the site requires the applicant/property owner to notify the City of Downey Fire Department for evaluation and approval. (e and f): The City of Downey is not located within an airport land use plan nor is it within two miles of an airstrip . (g): Project implementation will not interfere with an adopted emergency response or evacuation plan . (h): The City of Downey is within an urbanized area in the southeast portion of Los Angeles County. There are no wild lands within the vicinity. 8. HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or waste discharge D D D requirements? b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the D D D local groundwater table level (e .g ., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream D D D or river, in a manner which would result in substantial erosion or siltation on-or off-site? City of Downey Page 10 February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP NO . 68042 -REVISED) 4.0-EXHIBITS Potentially Potentially Significant Significant Impact-EIR Unless Less Than Analysis Is Mitigation Significant No required Incorporated Impact Impact d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a 0 0 0 ~ stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? e. Create or contribute runoff water which would exceed the 0 0 0 capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f . Otherwise substantially degrade water quality? 0 0 0 g . Place housing within a 1 00-year flood hazard area as 0 0 0 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 1 00-year flood hazard area structures which 0 0 0 would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, 0 0 0 injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j . Inundation by seiche , tsunami, or mudflow? 0 0 0 Response: (a through f): The proposed project, as with all construction within the City of Downey, is required to comply with the National Pollution Discharge Elimination System (NPDES). This includes retaining storm water from the impervious areas created by the project and allowing it to recharge into the ground. By retaining the water on site, there will be no violations to water quality standards, no additional impact to the storm water system, and no alterations to existing drainage patterns from the site and surrounding area . (g and h): Pursuant to Flood Zone Map No. 0606450005A, as revised on January 11, 2002, the subject site is in Zone X, which is a 500-year flood zone . Accordingly, impacts from a 1 00-year flood event are not anticipated. (i): The subject site, as with most of the City, is located between the San Gabriel River and the Rio Hondo Channel. According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on January 25, 2005, both of these flood control channels have been designed to meet or exceed the discharge capacity for a 100-year flood. Furthermore, the FEIR notes that there are no concerns with a potential levee break on either channel. (j): The City of Downey is relatively flat and is not located near a dam, lake, or ocean . As such, impacts from a seiche, tsunami, or mudflow are not anticipated . City of Downey Page 11 February 5, 2014 CEQA INITIAL STUDY -PLN -13-00257 (TENTATIVE MAP No . 68042 -REV IS ED) 9. LAND USE AND PLANNING. Would the project: a. Physically divide an established community? b. Conflict with any applicable land use plan , policy , or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan , specific plan , local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or natural community conservation plan? Response: Potentially Significant Impact -EIR Analysis Is required D D D Potentially Significant Unless Mitigation Incorporated D D D 4.0-EXHIBITS Less Than Significant Impact D D D No Impact (a): The subject site is within a fully developed area of the City of Downey comprised of multiple-family and single-family residential land uses . The construction of the 9 units will not create an impediment to the surrounding community and will not block access to the surrounding sites . No physical changes to surrounding properties are necessary for project implementation . As such , no impact is anticipated . (b): The proposal will not conflict with the goals , policies and programs of the Downey General Plan since it will help the City achieve the following objectives : Policy 1.1: The City shall encourage owner-occupied housing developments. Policy 2.1: Provide adequate sites and zoning to encourage and facilitate a range of housing to address the regional fair share allocations. Policy 2.2: Encourage infill development and recycling of land to provide adequate residential sites. (c): The City of Downey is an urbanized area that is fully developed with only a few sites for infill development available. No habitat conservation plans or natural community conservation plans have jurisdiction over the area . 10. MINERAL RESOURCES. Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan , specific plan or other land use plan? Response: D D D D D D (a and b): There are no known mineral resources on the site. Accordingly , approval of the project will not result in the loss of any mineral resources with local , regional , or State-wide importance. City of Downey Page 12 February 5, 2014 CEQA INITIAL STUDY -PLN -13-00257 (TENTATIVE MAP NO . 68042 -REV ISED) 11. NOISE. Would the project result in : a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance , or applicable standards of other agencies? b. Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c . A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, where such a plan has not been adopted , within two miles of a public airport or public use airport , would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip , would the project expose people residing or working in the project area to excessive noise levels? Response: Potent ially Significant Impact -EIR Analysis Is required 0 0 0 0 0 0 Potentially Significant Unless Mit igation Incorporated 0 0 0 0 0 0 4.0-EXHIBITS Less Than Sign ificant Impact 0 0 No Impact 0 0 0 0 (a through d): During the grading and construction phase of the project, increases in noise are anticipated . These increases are considered less than significant due to the short term nature of the impact. Nevertheless , project conditions should limit the hours of construction from 7:00a.m . to 7:00p.m ., Monday through Friday , thereby avoiding the noise impacts to surrounding residences on the weekend . Even though , long term noise impacts are not anticipated from the homes , all noise generated from the site is subject to the restrictions set forth in Municipal Code Section 4600 et. Seq . (e and f): The City of Downey is not located within an airport land use plan , within two miles of a public airport or public use airport, or within the vicinity of a private airstrip . 12. POPULATION AND HOUSING. Would the project: a. Induce substantial population growth in an area , eithe r directly (for example , by proposing new homes and businesses) or indirectly (for example , through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c. Displace substantial numbers of people , necessitating the construction of replacement housing elsewhere? City of Downey Page 13 0 0 0 0 0 0 0 0 0 February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP NO . 68042 -REV ISED) 4.0-EXHIBITS Potentially Significant Impact -EIR Analysis Is required Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Response: (a): The project proposes to demolish five dwelling units on the subject site and construct nine new homes and thereby resulting in a net increase of four units . According to the 2010 Census, the average household size for the City of Downey is 3.48 persons per unit. The potential population growth that may result by this project should not exceed 14 people , which is not a substantial growth in a city with a population of over 100,000 persons . As such, any potential impact is considered less than significant. (b and c): The subject site is currently improved with five dwelling units. Some displacement may occur since the density and ownership type differ from those that currently exist; however, the displacement is not considered substantial and will not necessitate the construction of replacement housing elsewhere because the project proposes to demolish only five dwelling units to accommodate nine new homes. The existing housing supply in Downey and the region is sufficient to relocate the displaced residents. 13. PUBLIC SERVICES. a . Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities , the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios , response times or other performance objectives for any of the public services: 1) Fire protection? 0 0 0 ~ 2) Police protection? 0 0 0 ~ 3) Schools? 0 0 ~ 0 4) Parks? 0 0 ~ 0 5) Other public facilities? 0 0 0 ~ Response: (a1): The Downey Fire Department provides fire and paramedic services for the City, while the Downey Police Department provides police protection for the City. The project proposes nine units , which may result in a slight increase in calls for police and fire services; however, the existing fire and police departments have sufficient capacity to accommodate the proposed project and will not require new or altered facilities . (a2): Police protection in the area is provided by the City of Downey Police Department, who has reviewed the project. It was the determination that the existing police services have sufficient capacity to accommodate the proposed project and will not require new or altered facilities . (a3): An insignificant amount of growth will occur because of the construction of the 9 units, and as such is not expected to ncrease the demand on the school system significantly. Nevertheless, the developer is required to pay school impact fees , which the school district has adopted to mitigate any unknown impacts. No additional mitigation is required . City of Downey Page 14 February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP NO . 68042 -REVIS ED) Potentially Significant Impact -EIR Analysis Is required Potentially Significant Unless Mitigation Incorporated 4.0-EXHIBITS Less Than Significant Impact No Impact (a4 and aS): The project proposes to demolish five dwelling units on the subject site and construct nine new homes and thereby resulting in a net increase of four units . The project site is located in a fully developed area of the City of Downey . All other public facilities are in place and have sufficient capacity to accommodate any minimal growth resulting from the project. 14. RECREATION. a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response: D D D D D D (a and b): The project proposes to demolish five dwelling units on the subject site and construct nine new homes and thereby resulting in a net increase of only four units. Although a regional golf course is directly across the street from the project site , and neighborhood parks exist within the vicinity , no physical deterioration of these facilities will occur as a result of this project because the anticipated growth is not substantial. Therefore , no mitigation measures are necessary. 15. TRANSPORTATION/TRAFFIC. Would the project: a . Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system D D D (i.e ., result in a substantial increase in either the number of vehicle trips , the volume to capacity ratio on roads , or congestion at intersections)? b. Exceed, either individually or cumulatively , a level of service D D D standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns , including either an D D D increase in traffic levels or a change in location that results in substantial safety risks? d . Substantially increase hazards due to a design feature (e.g ., D D D sharp curves or dangerous intersections) or incompatible uses (e .g ., farm equipment)? e. Result in inadequate emergency access? D D D ~ f. Result in inadequate parking capacity? D D D ~ g. Conflict with adopted policies, plans, or programs supporting D D D ~ alternative transportation (e .g ., bus turnouts , bicycle racks)? City of Downey Page 15 February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP No . 68042 -REVISED) Response: Potentially Significant Impact-EIR Analysis Is required Potentially Significant Unless Mitigation Incorporated 4.0-EXHIBITS Less Than Significant Impact No Impact (a and b): The Institute of Traffic Engineers (ITE) stipulates rates for each dwelling unit of "residential condominium townhouse " at 5.86 trips on average weekdays , 0.44 trips during the AM peak hour and 0.55 trips during the PM peak hour. Applying these rates for the nine dwelling units at the project site suggests the project will generate 53 trips on average per week day , four during the AM peak hour and five during the PM peak hour. The current use on the subject site involves five dwellings . Applying the above -mentioned rates suggest that the current use generates a daily average of 30 vehicle trips , three trips during the AM peak hour and three trips during the PM peak hour. The nine units the project proposes will not result in a substantial increase in traffic impacts. The nine units will generate 53 trips on average per week day , four during the AM peak hour and five during the PM peak hour. Consequently, the daily net increase in vehicular traffic on average will be 23 vehicle trips weekdays, including two additional trips in the AM peak hour and two additional trips during the PM peak hour. (c): The project will not alter existing air traffic patterns or create additional air traffic. (d): The project design features a single driveway to serve the nine units , rather than two driveways as the site provides currently. This revised access to the project site will reduce potential hazards from vehicles entering or exiting Old River School Road, and reduce the encounters with pedestrians . The proposed design of the project will reduce hazards by separating pedestrian traffic from vehicular traffic, providing adequate driveway widths , and placing buildings and plants to avoid obscuring views of oncoming pedestrians and vehicles . (e): Emergency access to the site will be provided via Old River School Road . The Downey Fire Department has reviewed the access points and on site circulation and has determined that access to the site will be adequate for emergency vehicles . (f): Parking requirements for multi-family dwelling units is two spaces for each unit and ~ space per unit for guest parking . The nine units require 23 parking spaces, which is the amount of off-street parking the project proposes . (g): The design of the proposed project included all required dedication along the Old River School Road right- of-way; therefore, the project is not expected to impact adopted policies , plans , or programs supporting alternative transportation . 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c . Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities , the construction of which could cause significant environmental effects? City of Downey Page 16 D D D D D D D D D February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP NO . 68042 -REV ISED) d. Have sufficient water supplies available to serve the project from existing entitlements and resources , or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f . Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g . Comply with federal , state, and local statutes and regulations related to solid waste? Response: Potentially Significant Impact -EIR Analysis Is required 0 0 0 0 4.0-EXHIBITS Potentially Significant Unless Less Than Mitigation Significant No Incorporated Impact Impact 0 0 0 0 0 0 0 0 0 (a and g): The proposed project is within a fully developed urban community. All water, sewer, storm water, and solid waste services are provided directly or through contracts by the City of Downey. The existing systems are in place and have sufficient capacity to accommodate the proposed 46 unit development. 17. MANDATORY FINDINGS OF SIGNIFICANCE. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels , threaten to eliminate a plant or 0 0 0 animal community , reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited , but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are 0 0 0 considerable when viewed in connection with the effects of past projects, the effects of other current projects , and the effects of probable future projects)? c . Does the project have environmental effects which will 0 0 cause substantial adverse effects on human beings , either directly or indirectly? Response: (a): The City of Downey is an urbanized area that is mostly built out with only infill development potential. According to the Final Environmental Impact Report (FEIR) that was prepared for the Downey Vision 2025 Comprehensive General Plan Update (SCH #2004031159), which was certified on January 25 , 2005 , there are no known species identified as a candidate , sensitive, or special status species. Additionally , there are no known wetlands, as defined by Section 404 of the Clean Water Act, within the City. As such , the proposed project will not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species , cause a fish or wildlife population to drop below self-sustaining levels , threaten to eliminate a plant or animal community , reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. City of Downey Page 17 February 5, 2014 CEQA INITIAL STUDY -PLN-13-00257 (TENTATIVE MAP No . 68042 -REVISED) Potentially Significant Impact-EIR Analysis Is required Potentially Significant Unless Mitigation Incorporated 4.0-EXHIBITS Less Than Significant Impact No Impact (b and c): Based on the analysis contained within this initial study, the proposed project is not anticipated to create a significant impact. When considered with past, current, and other proposed projects in the City, it is unlikely that the project will contribute towards any cumulative impact. Therefore , the project will not cause a substantial adverse effects on human beings , either directly or indirectly City of Downey Page 18 February 5, 2014