HomeMy WebLinkAboutPC Resolution 14-2867 RESOLUTION NO. 14-2867
L 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 (hereinafter
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. — 14-2867
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 California 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. — 14-2867
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, Chaifman
City Planning Commission
Tentative Tract Map No.68042-Revised(PLN-13-00257) 12106 Old River School Road
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Resolution No. — 14-2867
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: COMMISSIONERS: Kiefer, Lujan, Morales, Flores and Rodriguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
Mary C vanagh, Secret
City Planning Commission
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Resolution No. — 14-2867
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 City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void or
annul the approval of this resolution, to challenge the determination made by City under the
California Environmental Quality Act or to challenge the reasonableness, legality or validity
of any condition attached hereto. City shall promptly notify Applicant of any such claim,
action or proceeding to which City receives notice, and City will cooperate fully with
Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and
attorney's fees that the City may be required to pay as a result of any such claim, action or
proceeding. City may, in its sole discretion, participate in the defense of any such claim,
action or proceeding, but such participation shall not relieve Applicant of the obligations of
this condition.
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.
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