HomeMy WebLinkAbout3. PLN-14-00184 - 7926 Third StreetSTAFF REPORT
PLANNING DIVISION
DATE: NOVEMBER 19, 2014
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-14-00184 (TENTATIVE PARCEL MAP NO. 73125) - A REQUEST
TO SUBDIVIDE ONE RESIDENTIAL LOT INTO TWO PARCELS FOR
PROPERTY LOCATED AT 7926 THIRD STREET
LOCATION: 7926 THIRD STREET
ZONING: R-1 5,000 (SINGLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
The proposed Land Use Permit Application (PLN-14-00184) is a request to subdivide one
14,958 square foot parcel into two parcels. The subject site is currently improved with a 3,364
square foot single-family dwelling, constructed in 1950. The applicant proposes to demolish the
existing dwelling and garage to accommodate new developments on the newly created parcels.
Based on the analysis contained within this report, staff feels that all required findings to
approve the tentative parcel map can be made in a positive manner. As such, staff recommends
that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING PLN-14-00184, FOR TENTATIVE PARCEL MAP NO.
73125, THEREBY ALLOWING A SUBDIVISION OF ONE LOT INTO TWO
RESIDENTIAL PARCELS, ON PROPERTY LOCATED AT 7926 THIRD
STREET, ZONED R-1 5,000 (SINGLE-FAMILY RESIDENTIAL).
BACKGROUND
The subject property is located on the south side of Third Street, just east of Smallwood
Avenue. It is zoned R-1 5,000 (Single-Family Residential) with a General Plan Land Use
Designation of “Low Density Residential”. The surrounding properties include single family
residences to the north, south, east and west of the subject site.
On September 2, 2014, Mr. Javier Ordonez, owner of the subject property, submitted a Land
Use Permit Application for PLN-14-00184 (Tentative Parcel Map) to subdivide the property into
two lots. After a careful review of the proposal, staff deemed the application complete on
September 24, 2014. On October 23, 2014, notice of the pending public hearing was sent to all
property owners within 500’ of the subject site and the notice was published in the Downey
Patriot.
Agenda Page 1
PLN-14-00184 – 7926 Third Street
November 19, 2014 - Page 2
DISCUSSION/ANALYSIS
The applicant is proposing to subdivide the 14,958 square foot parcel (130’ wide by 115’ deep)
into two new parcels. All existing structures on the property will be demolished in order to
comply with the development standards for the newly created parcels. Note that the applicant
does not propose construction plans for the new residences under this application.
The applicant is making his request and the Planning Commission's authority to act on the
request are being made pursuant to the following provisions of the Municipal Code: Section
9911 et seq. (Tentative Maps) and Government Code Section 65402 (General Plan Consistency
Finding).
Each of the newly created parcels will contain 7,479 square feet of lot area with frontages
measuring of 65.01 feet and with depths of 115.04’ feet. Said parcels will meet all the minimum
development requirements of the R-1 5,000 (Single-Family Residential) zone as demonstrated
in the Table below. Furthermore, it is staff’s opinion that the request is practical since the new
parcels will front Third Street and will be consistent with the lotting pattern of the surrounding
lots.
According to Mr. Ordonez, he does not have the proposed construction plans for the new
houses currently. However, after the lot is subdivided, he intends to build two new homes on
the lots. The proposed houses will meet or exceed all development standards for the R-1 5,000
zone.
Table 1 – Development Standards
Standard Minimum Requirement Proposed
Parcel 1 Parcel 2
Lot Area 5,000 sq. ft. min. 7,479 sq. ft. 7,479 sq. ft.
Lot Width 50’ 65.01’ 65.01’
Lot Depth Conform to average depth
of adjacent lots (100’) 115.04’ 115.04’
After further expanding the study area to include neighboring properties, staff found several lot
split and tentative parcel map applications were approved between 1967 and 2013. Lot splits,
however, under today’s Subdivision Map Act guidelines are no longer allowed. Instead, it calls
Tentative Parcel Map. Table below shows a summary of the previously approved projects for
minor subdivision that similar to the subject request is as follows:
Address Application Type Project Description Date of Approval
7602 & 7622 Second Street Lot Split No. 474 Subdivide from 2 lots into 3 lots November 1, 1967
7805 & 7807 Third Street Lot Split No. 730 Subdivide from 1 lot into 2 lots February 20, 1980
7824 & 7828 Fourth Place Tentative Parcel
Map No. 23160 Subdivide from 1 lot into 2 lots September 18, 1991
7725 Third Street Tentative Parcel
Map No. 72381 Subdivide from 1 lot into 2 lots September 18, 2013
Agenda Page 2
PLN-14-00184 – 7926 Third Street
November 19, 2014 - Page 3
Examining the proposed project in greater detail, staff determined that the subject parcel
comprised three (3) legal lots originally, as shown on the Los Angeles County Tract Map No.
8960 in 1929 as Lots 40, 41 and 42. However, a 1938 House Numbering Map showed a lot
split occurred which gave twenty feet (20’) of Lot 40 to the lot to the west (Lot 39) and thirty feet
(30’) of Lot 40 to the lot to the east (Lot 41). The resulting parcel, Parcel 25 of the Los Angeles
County Assessor’s Book Number 6251, Page 19, comprises the aforementioned three
properties, less twenty feet, held by lot ties.
Tentative Parcel Map No. 73125 will consolidate these parcels into two (2) legal lots and will
eliminate the z-tags that hold the parcels together (See attached Exhibit A – Proposed Parcel
Map No. 73125 and Exhibit C – Los Angeles County Assessor’s Map).
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed project for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this review, staff determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15315 (Class 15, Minor
Land Divisions). Categorical Exemptions are projects, which have been determined not to have
a significant effect on the environment and have been exempted from the requirements of the
California Environmental Quality Act. Class 15, includes division of property for residential use
into four or fewer parcels including this request. It is staff’s opinion the proposed subdivision will
not have a significant effect on the environment; thereby qualifying for the Class 15 exemption.
FINDINGS
The Municipal Code sets forth several findings the Planning Commission must adopt for the
various applications. A discussion is as follows:
1. That the proposed map is consistent with the General Plan. The proposed map is
consistent with the Downey General Plan. The subject property is located in the “Low
Density Residential” land use designation, as stated in the Downey Vision 2025, the
City’s General Plan. The proposed map will enable the future construction of residential
dwellings at a density consistent with this designation. The proposed map is consistent
with Program 1.3.1.5 of the Land Use Chapter: “Encourage land uses consistent with the
area’s designation as properties recycle.” The future residential dwellings will also
implement the housing goals of the Downey Housing Element by providing more
housing opportunities to residents.
2. That the site is physically suitable for the type and density of development.
The subject site is physically suitable for the proposed type of development due to its
relatively large regular shape, which has adequate access to accommodate residential
developments in the R-1 5,000 (Single-Family Residential) zone. It is a 14,958 square
foot parcel that the Applicant proposes to subdivide into two 7,459 square foot parcels.
The proposed lots exceed the minimum lot area and dimension requirements of the area
substantially, because the minimum lot area for parcels in the R-1 5,000 zone is 5,000
square feet and because the minimum lot width is fifty (50’) feet, whereas the proposed
lots will be 65.01 feet wide. In addition, the proposed lots will be consistent with the
lotting pattern in the area.
Agenda Page 3
PLN-14-00184 – 7926 Third Street
November 19, 2014 - Page 4
3. That the design of the subdivision or type of improvements is not likely to cause
serious public health problems. The proposed subdivision will allow two single-family
residences on the subject property that will comply with the development standards for
the R-1 5,000 zone. The project will not cause serious public health problems to existing
or future occupants of the proposed project, since there are no sites nearby that pose a
health hazard. The proposed development is for a residential use that is appropriate for
the area.
4. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. The design of this subdivision, will not
conflict with easements needed by any public agency or utility purposes. All such
easements either do not exist or have been noted and reserved.
CORRESPONDENCE
As of the date that this report was printed, staff received a letter and several phone calls from
the residents expressing their concerns regarding this matter.
CONCLUSION
Based on the analysis contained within this report, staff is concluding that the proposed project
is consistent with the goals and intent of the General Plan and Zoning Code. As noted above,
staff believes that all of the required findings to approve the Tentative Parcel Map can be made
in a positive manner. As such, staff recommends that the Planning Commission approve
Tentative Parcel Map No. 73125 (PLN-14-00184), subject to the recommended conditions of
approval.
EXHIBITS
A. Location Map & Proposed Parcel Map
B. Aerial Photograph & Zoning Map
C. Los Angeles County Tract Map & Assessor’s Map
D. Draft Resolution
Agenda Page 4
PLN-14-00184 – 7926 Third Street
November 19, 2014 - Page 5
Exhibit ‘A’
PROJECT LOCATION
PROPOSED PARCEL MAP
Agenda Page 5
PLN-14-00184 – 7926 Third Street
November 19, 2014 - Page 6
Exhibit ‘B’
AERIAL PHOTOGRAPH
ZONING MAP
SUBJECT
PROPERTY
C-2
Agenda Page 6
PLN-14-00184 – 7926 Third Street
November 19, 2014 - Page 7
Exhibit ‘C’
LOS ANGELES COUNTY TRACT MAP
LOS ANGELES COUNTY ASSESSOR’S MAP
SUBJECT
PROPERTY
Agenda Page 7
Exhibit ‘D’
RESOLUTION NO. 14-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-14-00184, FOR TENTATIVE PARCEL MAP NO. 73125, THEREBY
ALLOWING A SUBDIVISION OF ONE LOT INTO TWO RESIDENTIAL PARCELS, ON
PROPERTY LOCATED AT 7926 THIRD STREET, ZONED R-1 5,000 (SINGLE-FAMILY
RESIDENTIAL).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission of the City of Downey does hereby find,
determine and declare that:
A. An application was filed by Javier Ordonez (hereinafter "Applicant") requesting
approval of a Tentative Parcel Map No. 73125, to subdivide one 14,958 square
foot parcel into two parcels, on property at 7926 Third Street, Downey, California
(hereinafter "Subject Site"), zoned R-1 5,000 (Single-Family Residential);
B. On October 23, 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.
C. The Planning Commission held a duly noticed public hearing on November 19,
2014, and after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, hereby adopted this Resolution
No. 14-____, approving PLN-14-00184 (Tentative Parcel Map), subject to the
conditions of approval.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
be in compliance with the California Environmental Quality Act (CEQA) and is categorically
exempt from CEQA, pursuant to Guideline Section No. 15315 (Class 15), Minor Land Divisions.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the Planning Commission further finds, determines and declares that:
A. That the proposed map is consistent with the General Plan. The proposed
map is consistent with the Downey General Plan. The subject property is located
in the “Low Density Residential” land use designation, as stated in the Downey
Vision 2025, the City’s General Plan. The proposed map will enable the future
construction of residential dwellings at a density consistent with this designation.
The proposed map is consistent with Program 1.3.1.5 of the Land Use Chapter:
“Encourage land uses consistent with the area’s designation as properties
recycle.” The future residential dwellings will also implement the housing goals of
the Downey Housing Element by providing more housing opportunities to
residents.
B. That the site is physically suitable for the type and density of development.
The subject site is physically suitable for the proposed type of development due
to its relatively large regular shape, which has adequate access to accommodate
residential developments in the R-1 5,000 (Single-Family Residential) zone. It is
a 14,958 square foot parcel that the Applicant proposes to subdivide into two
7,459 square foot parcels. The proposed lots exceed the minimum lot area and
Agenda Page 8
Resolution No. 14-____
Downey Planning Commission
PLN 14-00184 – 7926 Third Street
November 19, 2014 - Page 2
dimension requirements of the area substantially, because the minimum lot area
for parcels in the R-1 5,000 zone is 5,000 square feet and because the minimum
lot width is fifty (50’) feet, whereas the proposed lots will be 65.01 feet wide. In
addition, the proposed lots will be consistent with the lotting pattern in the area.
C. That the design of the subdivision or type of improvements is not likely to
cause serious public health problems. The proposed subdivision will allow two
single-family residences on the subject property that will comply with the
development standards for the R-1 5,000 zone. The project will not cause
serious public health problems to existing or future occupants of the proposed
project, since there are no sites nearby that pose a health hazard. The proposed
development is for a residential use that is appropriate for the area.
D. That the design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access through
or use of property within the proposed subdivision. The design of this
subdivision, will not conflict with easements needed by any public agency or utility
purposes. All such easements either do not exist or have been noted and
reserved.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the Planning Commission of the City of Downey hereby approves PLN-14-00184,
subject to the Conditions of Approval attached hereto, 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 19th day of November 2014.
Robert Kiefer, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
Commission of the City of Downey at a regular meeting thereof held on the 19th day of
November 2014, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 9
Resolution No. 14-____
Downey Planning Commission
PLN 14-00184 – 7926 Third Street
November 19, 2014 - Page 3
PLN-14-00184 (CONDITIONAL USE PERMIT)
CONDITIONS OF APPROVAL
PLANNING
1) The approval of this Tentative Parcel Map No. 73125 (PLN-14-00184) allows for the
subdivision of a 14,958 square foot parcel into two residential parcels (Lot No. 1 = 7,479
square feet; Lot No. 2 = 7,479 square feet), on property located at 7926 Third Street.
2) Approval of this Tentative Parcel Map shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of the
City of Downey Municipal Code shall apply.
3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify,
defend and hold harmless, at Applicant's expense, City and City's agents, officers and
employees from and against any claim, action or proceeding commenced within the time
period provided in Government Code Section 66499.37 to attack, review, set aside, void
or annul the approval of this resolution, to challenge the determination made by City
under the California Environmental Quality Act or to challenge the reasonableness,
legality or validity of any condition attached hereto. City shall promptly notify Applicant of
any such claim, action or proceeding to which City receives notice, and City will
cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City
for any court costs and attorney's fees that the City may be required to pay as a result of
any such claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
4) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
5) Prior to the issuance of building and/or grading permits, the Final Parcel Map shall be
approved by the City and recorded with the County of Los Angeles.
6) The owner/applicant shall remove or paint over any graffiti painted upon the premises,
within twenty-four (24) hours
BUILDING
7) All construction shall comply with the 2014 California Building Code and Title 24 of the
California Energy Code.
8) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit final
prior to beginning operation of the site.
PUBLIC WORKS
9) If applicable, prior to the issuance of demolition permits, the applicant shall complete a
Construction & Demolition (C&D) Waste Management Plan per Article V, Chapter 8 of
the Downey Municipal Code.
Agenda Page 10
Resolution No. 14-____
Downey Planning Commission
PLN 14-00184 – 7926 Third Street
November 19, 2014 - Page 4
10) The owner/applicant shall install all new utilities associated with this project underground.
11) All areas within the scope of work of this project shall comply with the National Pollutant
Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act;
the General Construction Activities Stormwater Permit (GCASP) of the State, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of
Public Works, and Ordinance 1142 of the Downey Municipal Code.
12) If applicable, the owner/applicant shall install a sewer main and sewer lateral (to the front
property line) for each lot in the subdivision, and shall provide that the design and
improvements of sewers shall be to the standards of the City Engineering Division.
Septic systems are not acceptable.
13) If applicable, the owner/applicant shall install a site drainage plan for the site (prepared
and sealed by a registered civil engineer in the State of California) for approval by the
Engineering Division and Building and Safety Division. All lot(s) shall not have less than
one (1%) percent gradient on any asphalt or non-paved surface, or less than one quarter
(1/4%) percent gradient on any concrete surface.
14) The owner/applicant shall reconstruct/install curb, gutter, and portland cement concrete
driveway approaches, along property frontage to the standards of the Department of
Public Works. Broken, uneven, or sub-standard curb, gutter, sidewalk, driveway,
disabled ramps and pavement, shall be replaced to the satisfaction of the Public Works
Department. Contact the Public Works Inspection Office at (562) 904-7110 to have
these areas identified just prior to initiating a grading plan.
15) All installed pavement shall consist of a minimum section of four inch (4”) thick aggregate
base, and a minimum 2-1/2” thick asphalt concrete pavement.
16) The owner/applicant shall provide that no easements of any type be granted over any
portion of the subdivision to any agency, utility or organization (private or public), except
to the City of Downey prior to recordation of the parcel map. The owner/applicant shall
grant easements in the name of the City shall include: 1) Vehicular easements, 2)
Walkway easements, 3) Drainage easements, 4) Utility easements.
17) The owner/applicant shall furnish and install a new dedicated potable water service line,
meter, and meter box. The size of meter and water line shall be as determined by the
Director of Public Works.
18) The owner/applicant shall obtain all necessary plan approvals and permits and shall
provide that the standards of improvements, construction materials, and methods of
construction shall be in conformance with the Standard Plans and Specification for Public
Works Construction and as modified by the City of Downey’s Standard Plans and
Specifications.
FIRE DEPARTMENT
19) Plans to be submitted through Building and Safety and shall comply with 2013 California
Fire Code, 2014 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
Agenda Page 11
Resolution No. 14-____
Downey Planning Commission
PLN 14-00184 – 7926 Third Street
November 19, 2014 - Page 5
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.
☐ 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.
☐ Stockpiles of earth and other construction related materials must be protected from being
transported from the site by the forces of wind or water.
☐ 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.
☐ Non-storm water runoff from equipment and vehicle washing and any other activity shall
be contained at the project site.
☐ 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.
☐ Trash and construction related solid wastes must be deposited into a covered receptacle
to prevent contamination of rainwater and dispersal by wind.
☐ 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.
☐ Any slopes with disturbed soils or denuded of vegetation must be stabilized so as to
inhibit erosion by wind and water.
☐ 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 _____________________________________ Date __________________
(Owner or authorized agent of the owner)
Agenda Page 12
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RECEIVED
NOV 1 2 2014
PLANNING
City of Downey
Attention: Planning Commission
11111 Brookshire Avenue
Downey, CA 90241-7016
Dear Planning Commissioners
November 4, 2014
I am writing this letter to address my concern on the application that was
submitted to the City of Downey: PLN-14-00184 (Tentative Parcel May No.
73125).
The applicant Javier Ordonez is requesting to subdivide the property that
he just acquired few months ago into two residential parcels. Since this
property is Categorically Exempt from CEQA, I do not think my opposition
to this split will be even considered by the commission.
I do understand that the City of Downey will benefit from the split since they
will be able to collect property taxes for two homes instead of one. I am
sure that the city will advise the council to pass this motion because it
means an increase in funding to the city.
I lived at 7931 Third Street. My resident is just across Mr. Ordonez
resident. I moved to this area several years ago because this neighborhood
had a very unique charm. I saw families safely walking on the street. The
streets were kept clean. Also, the homeowners were taking very good care
of their homes.
On the proposed plan, there was no description of how big the new homes
will be except for the land size, but I am assuming that the owner wants to
split the property to build a two-second floor layout for each home as it has
been done in other blocks. Two new homes in this block will bring two
families. I want to make sure that the new homeowners are going to have
plenty of garage spacing in their new homes to store their cars. I have seen
an increase of cars parked on my neighborhood for the last few years
because some of the new residents are either not using their garage to
Agenda Page 14
store their cars or their homes do not have the proper garage spacing to
store their cars. At the present time, there are some homeowners that are
parking their cars in front of my home and other neighbors' homes leaving
us with no parking space for our own guests. This issue has been going on
for a couple of years, and I do not want to see that the split to build two
homes will bring more of these problems to the neighbors.
I want to end my letter by saying that with the support of the city council, we
can continue maintaining the residential charm that makes Downey a
unique and beautiful city.
Thank you,
a .... ~~e.
Odemaris Valdivia
Homeowner
Agenda Page 15