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HomeMy WebLinkAboutPC Resolution 15-2907RESOLUTION NO. 15 -2907 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING TENTATIVE PARCEL MAP NO. 73035 (PLN -14- 00179), THEREBY ALLOWING THE SUBDIVISION OF +/- 47,718 SQUARE FEET OF LAND INTO FOUR LOTS AND A PRIVATE STREET, ON PROPERTY LOCATED AT 8572 CHEROKEE DRIVE AND ZONED R -1 8,500 (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. On August 27, 2014, the Applicant, Gloria Campuzano, submitted a Land Use Permit Application (hereinafter referred to as PLN -14- 00179) for approval of Tentative Map No. 73035 to subdivide a 47,718 square foot parcel into four (4) parcels and a private street and, B. On January 22, 2015, 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 and, C. The Planning Commission held a duly noticed public hearing on February 18, 2015, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) for a property listed in the State of California's Historic Resources Inventory as a historic resource; consequently, staff prepared a Negative Declaration of Environmental Impacts for the proposed project and an architectural historian /consultant prepared a historic research evaluation (HRE), which substantiated the Negative Declaration. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Tentative Parcel Map, the Planning Commission further finds, determines and declares that: That the proposed map is consistent with the General Plan. 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 Parcel Map 73035 will result in an increase to the City's housing inventory threefold; consequently, approval of Tentative Parcel Map 73035 is consistent with the goals, policies, programs, and land uses of applicable elements of the General Plan. 2. That the site is physically suitable for the type and density of development. The subject site contains more than 47,718 square feet of land, which is sufficient to create four parcels that comply with the standards for residential development as required by Section 9312.08 of the Downey Municipal Code for properties in the R -1 8,500, Single - Family Residential zone. Resolution No. 15 -2907 Downey Planning Commission The lots Tentative Parcel Map 73035 proposes are of adequate size to create one single family home per lot that will meet all development standards for the zone. 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 four single - family residences, which will comply with all development standards for the R -1 8,500 zone. The project will not cause serious public health problems to the future occupants of the proposed development, nor persons living nearby, since there are no sites nearby that pose health hazards, and because the proposed development is for a residential use that is appropriate for this 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 subject property exists in a partially demolished state due to a remodeling project that was never completed. There are no public access easements through or across the site. Additionally, the City has reviewed the request and determined that the approval of the map will not conflict with utility easements on the site. 5. 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 property exists in a partially demolished state due to a remodeling project that was never completed. The remaining aspects of the house include an arcade porch with its seven arches and 12 columns, the original concrete foundation and basement walls, the wooden foundation grillage, the wooden frame of a basement staircase, a portion of the brick patio beneath the porch, the concrete walkway extending from the sidewalk to the former entrance, and a tennis /basketball court located at the rear of the property. 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 sLtch, it is staff's opinion that 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 Parcel Map No. 73035 (PLN -14- 00179), 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. Tentative Parcel Map No. 73035 (PLN -14- 00179) February 18, 2015 - Page 2 Resolution No. 15 -2907 Downey Planning Commission PASSED, APPROVED AND ADOPTED this 18th day of February 201 Hector Lujd , Chai an 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 18th day of February, 2015, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Morales and Owens NOES: COMMISSIONERS: Rodriguez ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary Cavanagh, SecretarV City Planning Commission Tentative Parcel Map No. 73035 (PLN -14- 00179) February 18, 2015 - Page 3 Resolution No. 15 -2907 Downey Planning Commission TENTATIVE PARCEL MAP NO. 73035 (PLN -14- 00179) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Tentative Parcel Map No. 73035 (PLN -14- 00179) allows for the subdivision of a 47,718 square foot lot parcel of land located at 8572 Cherokee Drive and identified in the Los Angeles County Assessor's Office Book Number 6253, Page 17, as Parcel 52, into four lots and a private driveway. 2) Approval of this Tentative Parcel Map No. 73035 (PLN -14- 00179) 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, with exception to permits required to meet the requirement of Condition No. 6. 6) Prior to the recording of the map, the applicant shall demolish the remaining aspects of the house which include an arcade porch with its seven arches and 12 columns, the original concrete foundation and basement walls, the wooden foundation grillage, the wooden frame of a basement staircase, a portion of the brick patio beneath the porch, the concrete walkway extending from the sidewalk to the former entrance, and a tennis /basketball court. This shall include obtaining all required demolition permits and inspections from the Downey Building and Safety Division. . 7) Prior to the final map being recorded, the applicant shall pay all necessary park -in -lieu fees, as set forth in City Council Resolution. 8) Tentative Parcel Map 73035 shall indicate that the private driveway easement, which extends approximately 280 feet southward from Cherokee Drive to the rear of the site, shall measure thirty -six feet (36') in width and that the easement shall include: a twenty -nine foot wide driveway, a three -foot wide planter along the easterly property line of Lots 1, 2 and 3, Tentative Parcel Map No. 73035 (PLN -14- 00179) February 18, 2015 - Page 4 Resolution No. 15 -2907 Downey Planning Commission and a portion of Lot 4; and a four -foot wide sidewalk along the westerly edge of the private driveway on Lots 1, 2 and 3. 9) The lots shall comply with the following size requirements: 10) Signs shall be posted on the private driveway to identify it as a fire lane and prohibit parking on one side of this street and on the fire truck turnaround area. The Downey Fire Department and the Downey Public Works Department shall determine the wording, placement and number of signs required. BUILDING 11) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 12) 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. 13) All foundations shall be completely removed and recycled. FIRE DEPARTMENT 14) 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. PUBLIC WORKS 15) The owner /applicant shall provide that vehicular and pedestrian right of access and egress, and public utilities purposes shall be recorded with the Los Angeles County Recorder, and shall provide a copy of said easements to the City of Downey Engineering and Planning Divisions. 16) The owner /applicant shall install one (1) new 5800 -lumen high - pressure sodium street lights, with full -cutoff fixture optics, on new marbelite standard and with underground service along the Lemoran Avenue property frontage. The owner /applicant shall also provide a site plan showing the location of the existing street lights. Prior to the installation of the lights, the applicant shall obtain all necessary permits for the Engineering Division. Tentative Parcel Map No. 73035 (PLN -14- 00179) February 18, 2015 - Page 5 Lot 1 Lot 2 Lot 3 Lot 4 Lot Size 11,762 Sq. Ft. 11,762 Sq. Ft. 11,762 Sq. Ft. 12,434 Sq. Ft. 144 88.5 Lot Width 84.00 84.00 140.01 84.00 Lot Depth 140.01 140.01 10) Signs shall be posted on the private driveway to identify it as a fire lane and prohibit parking on one side of this street and on the fire truck turnaround area. The Downey Fire Department and the Downey Public Works Department shall determine the wording, placement and number of signs required. BUILDING 11) All construction shall comply with the 2010 California Building Code and Title 24 of the California Energy Code. 12) 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. 13) All foundations shall be completely removed and recycled. FIRE DEPARTMENT 14) 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. PUBLIC WORKS 15) The owner /applicant shall provide that vehicular and pedestrian right of access and egress, and public utilities purposes shall be recorded with the Los Angeles County Recorder, and shall provide a copy of said easements to the City of Downey Engineering and Planning Divisions. 16) The owner /applicant shall install one (1) new 5800 -lumen high - pressure sodium street lights, with full -cutoff fixture optics, on new marbelite standard and with underground service along the Lemoran Avenue property frontage. The owner /applicant shall also provide a site plan showing the location of the existing street lights. Prior to the installation of the lights, the applicant shall obtain all necessary permits for the Engineering Division. Tentative Parcel Map No. 73035 (PLN -14- 00179) February 18, 2015 - Page 5 Resolution No. 15 -2907 Downey Planning Commission 17) 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. 18) All onsite utilities shall be installed underground. 19) The owner /applicant shall provide that each unit has its own water meter. 20) The owner /applicant shall be required to complete a construction & demolition (C &D) waste management plan per Article V, Chapter 8 of the Downey Municipal Code. 21) 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. No lot shall 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. 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; 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. 22) The owner applicant shall submit a parcel map in accordance with subdivision requirements. 23) The owner /applicant shall construct/install curb, gutter, sidewalk, disabled ramps, Portland cement concrete driveway approaches, two (2) street trees (24 -inch box with 2 -inch diameter trunk), and pavement along all 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. 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. 24) 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. 25) The owner /applicant shall install pavement which consists of a minimum section of 4" thick aggregate base, and a minimum 2 -1/2" thick asphalt concrete pavement. Tentative Parcel Map No. 73035 (PLN -14- 00179) February 18, 2015 - Page 6 Resolution No. 15 -2907 Downey Planning Commission 26) The owner /applicant 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 Water Resources Control Board; and Ordinance 1142 of the Downey Municipal Code. 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 IACoDPW Stormwater Quality Management Plan (SQMP). 27) The owner /applicant shall install a sewer main and lateral to the front property line for each lot in the subdivision, and shall provide that the design and improvement of sewers shall be to the standards of the City Engineering Division. 28) The owner /applicant shall provide that all construction graffiti created as part of this project in the public right of way to be removed. 29) The owner /applicant shall provide that no easements of any type be granted over any portion of the subdivision to any agency, utility, organization, or individual, except to the City of Downey, until such time that the final map has been recorded. The owner /applicant shall grant easements in the name of the City shall include: a) Vehicular easements b) Walkway easements C) Drainage easements d) Utility easements 30) 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 on a CD -ROM media. 31) The applicant /property owner shall be required to maintain in place, the two existing palm trees located within the front yard setback of the subject property located along the Cherokee frontage of the subject site as described on Tentative Parcel Map No. 73035. Tentative Parcel Map No. 73035 (PLN -14- 00179) February 18, 2015 - Page 7 Resolution No. 15 -2907 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. Cl 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 requirements listed above, construction materials, and Project Name: Project Address: Print Name Signature authorized agent of the owner, I have read and 'understand the necessary to control storm water pollution from sediments, erosion, and I certify that I will comply with these requirements. (Owner or authorized agent of the owner) Date (Owner or authorized agent of the owner) Tentative Parcel Map No. 73035 (PLN -14- 00179) February 18, 2015 - Page 8