HomeMy WebLinkAboutPC Resolution 14-2900RESOLUTION NO. 14 -2900
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 -2900, 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
Resolution No. 14 -2900
Downey Planning Commission
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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, ChairmSn
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:
Kiefer, Lujan, Morales, Flores and Rodriguez
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Mary avanagh, Secret
City Planning Commission
PLN 14- 00184 — 7926 Third Street
November 19, 2014 - Page 2
Resolution No. 14 -2900
Downey Planning Commission
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.
PLN 14 -00184 — 7926 Third Street
November 19, 2014 - Page 3
Resolution No. 14 -2900
Downey Planning Commission
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.
PLN 14 -00184 — 7926 Third Street
November 19, 2014 - Page 4
Resolution No. 14 -2900
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.
❑ 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
Signature
(Owner or authorized agent of the owner)
Date
(Owner or authorized agent of the owner)
PLN 14 -00184 — 7926 Third Street
November 19, 2014 - Page 5