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HomeMy WebLinkAbout6. PLN-15-00223 - 11434 DowneySTAFF REPORT PLANNING DIVISION DATE: MARCH 16, 2016 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER PREPARED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER SUBJECT: PLN-15-00223 (ZONE CHANGE AND TENTATIVE PARCEL MAP NO. 73791) – A REQUEST TO COMBINE SIX PARCELS INTO A SINGLE LOT AND REZONE THE SITE FROM M-2 (GENERAL MANUFACTURING) TO H-M (HOSPITAL MEDICAL ARTS) LOCATION: 11434-11444 DOWNEY AVE & 8037 IOWA ST ZONING: EXISTING - M-2 (GENERAL MANUFACTURING) PROPOSED - H-M (HOSPITAL MEDICAL ARTS) REPORT SUMMARY The applicant (Dr. Multani) has requested to rezone property on the northeast corner of Downey Ave and Iowa St from M-2 (General Manufacturing) to H-M (Hospital Medical Arts) and combine the six parcels into a single 26,805 square foot parcel. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolutions: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE A ZONE CHANGE (PLN-15-00223), THEREBY REZONING PROPERTY LOCATED AT 11434-11444 DOWNEY AVE AND 8037 IOWA ST FROM M-2 (GENERAL MANUFACTURING) TO H-M (HOSPITAL MEDICAL ARTS). A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A TENTATIVE PARCEL MAP NO. 73791 (PLN-15- 00223), THEREBY COMBINING SIX LOTS INTO A 26,805 SQUARE FOOT PARCEL FOR PROPERTY LOCATED AT 11434-11444 DOWNEY AVE AND 8037 IOWA ST. BACKGROUND The subject site is 26,805 square foot lot that is located on the northeast corner of Downey Ave and Iowa Street. The site has a General Plan Land Use Designation of Office and is within the M-2 (General Manufacturing) zone. The site is currently improved with a 3,200 auto detailing Agenda Page 1 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 2 business and a 420 square foot auto repair businesses. Both of these uses are permitted in the M-2 (General Manufacturing) zone. View of property from Downey Ave To the north of the subject site is a multi-tenant industrial building that is in the M-2 (General Manufacturing) zone. East of the project site is a multi-tenant medical office building, which is zoned H-M (Hospital Medical Arts). To the south of the site (across Iowa St) are single-family homes that are within the H-M (Hospital Medical Arts) and C-P (Commercial Professional) zones. West of the site (across Downey Ave) is an automotive tow and storage yard that is in the M-2 (General Manufacturing) zone. On November 12, 2015, the applicant submitted a request for the Zone Change and Tentative Parcel Map. After a complete review of the submitted material, staff deemed the application incomplete on December 11, 2015 due to missing material within the application packet. The applicant submitted the remaining information needed to process the application on January 14, 2016. As such, staff deemed the application complete on February 12, 2016. On March 3, 2016, notice of the pending public hearing was published in the Downey Patriot. Additionally, the notice was mailed to all property owners within 500’ of the subject site. DISCUSSION The applicant does not have a development proposal submitted to the City for this site. Instead, he has indicated that he is preparing the site to sell for a future medical office development. The first part of the request is to rezone the property from M-2 (General Manufacturing) to H-M (Hospital Medical Arts). The project site has a General Plan Land Use Designation of Office. The purpose of the General Plan is to guide the long term growth of the City. In cases where the zoning does not comply with the General Plan, it is advisable to rezone the property in order to bring it into consistency with the General Plan. In discussing the Office designation, the General Plan states, The Office designation allows for professional and medical office uses. The corresponding zone for this designation is C-P, Commercial – Professional Office zone. In the vicinity of the Downey Regional Medical Center where medical offices and other Agenda Page 2 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 3 medical-related uses are promoted, the corresponding zoning for this designation is H-M, Hospital-Medical Arts. The intensity of the Office designation should fall within a range of floor area ratio between 0.5:1 and 5:1. It’s staff’s opinion that the H-M (Hospital-Medical Arts) zone is appropriate for this property due to its proximity to PIH Downey (formerly Downey Regional Medical Center) and since the property to the east of the project site is currently zoned H-M. Notwithstanding this, should the City approve the zone change, the existing auto uses on the site will be rendered as non- conforming uses. With the non-conforming use designation, the uses will not be allowed to expand or be reestablished if they cease to operate for 180 days. In addition to the zone change, the applicant is requesting approval of Tentative Parcel Map No. 73791. The map will merge the existing six parcels into a single 26,805 square foot lot with a width of 148’ and a depth of 162’. This exceeds the minimum 6,000 square feet size, 60’ width and 100’ depth for parcels in the H-M Zone. Although the applicant has not provided a specific development proposal to construct a new medical office on the site, staff is supportive of his request. Staff believes that rezoning the site and combining the various parcels into a single lot will make the property more marketable and enhance the development opportunities for the site. DEVELOPMENT REVIEW COMMITTEE On December 3, 2016, the City’s Development Review Committee discussed the proposed application. The Public Works Department requested the applicant dedicate a 25’ corner radius (current is 15’) at the intersection of Downey and Iowa. This larger radius will bring the property into consistency with City standards. This will also allow for a smoother turn movement at the corner and leave space to accommodate sidewalks. None of the other departments raised concerns. A recommended condition of approval has been included with the draft resolution for the dedication. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15332 (Class 32, In-fill Development Projects). 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 32 consists of projects characterized as in-fill development that comply with the General Plan, do not serve as protected habitat, and are served by public utilities. It is staff’s opinion that the zone change and parcel map comply with these provisions; as such, qualify for the exemption. FINDINGS Zone Change In order for the Planning Commission to recommend approval of the Zone Change, they must adopt the following five findings. Agenda Page 3 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 4 A. That the zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interests or furtherance of the public health, safety, and general welfare; The subject site has a General Plan Land Use Designation of Office. According to the General Plan, in the vicinity of PIH Downey (formerly Downey Regional Medical Center) the Office designation is implemented by the H-M (Hospital Medical Arts) zone. This zone change, in staff’s opinion, meets the intent of the land use designation. The expansion of medical uses by changing the zoning is further supported by General Plan Policy No. 5.9.1, which states, “Support the provision of health care services;” and Program No. 5.9.1.1, which states, “Encourage the establishment and expansion of uses providing health care services and areas designated for health care services.” It is staff’s opinion that the proposed zone change will provide additional area to accommodate medical offices, which implements the proposed zoning and existing general plan. Furthermore, the project site will exceed the minimum parcel requirements set forth in the zoning code. Together with meeting the intent of the land use designation, staff believes that this zone change will be in harmony with the objectives of the General Plan is in the interests of the public health, safety, and general welfare. B. That the zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area; The surrounding area includes a variety of uses, including industrial, residential, office, and medical uses. More specifically, adjoining the east property line of the subject site is a medical office that is within the H-M zone. This property links the project site to other H-M zoned parcels, which surround and support PIH Downey (formerly Downey Regional Medical Center). It is staff’s opinion that rezoning the project site to H-M will make it compatible with other parcels in the vicinity and continue to support the regional hospital. C. That the site is adequate in size to accommodate the uses permitted in the zone requested and that all applicable property development standards can be complied with; The minimum size requirements for the parcels in the H-M zone is 6,000 square feet size, 60’ width and 100’ depth. As part of his request, the applicant is proposing to combine the six parcels the comprise the project site into a single 26,805 square foot lot with a width of 148’ and a depth of 162’. This exceeds the development standards for the zone and creates, in staff’s opinion, a large developable site that can easily accommodate a medical office that complies with all of the development standards set forth in the zoning code. D. That the site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned; and The subject site is located on the northeast corner of Downey Ave and Iowa St. Downey Avenue is a secondary arterial with four travel lanes (two in each direction). Iowa is a collector street that is has two travel lanes (one in each direction). Although no project is Agenda Page 4 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 5 being proposed at this time, staff has reviewed the streets and potential project scenarios. It is staff’s opinion that these streets have sufficient capacity to accommodate any future development that will occur on the property. Furthermore all utility systems are in place and can adequately serve future projects. E. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. As noted in the first finding in this section, staff is of the opinion that the proposed zone change complies with the general plan. The subject site has a General Plan Land Use Designation of Office. According to the General Plan, within the vicinity of PIH Downey (formerly Downey Regional Medical Center) the Office designation is implemented by the H-M (Hospital Medical Arts) zone. Furthermore, General Plan Policy No. 5.9.1, states, “Support the provision of health care services;” and Program No. 5.9.1.1, states, “Encourage the establishment and expansion of uses providing health care services and areas designated for health care services.” It is staff’s opinion that the proposed zone change will provide additional area to accommodate medical offices, which implements the proposed zoning and existing general plan. Tentative Parcel Map There are five findings required for the Planning Commission to adopt to approve the Tentative Parcel Map. A. That the proposed map is consistent with the General Plan. The proposed map will allow the consolidation of several parcels into a single lot. The subject site has a General Plan Land Use Designation of Office. According to the General Plan, within the vicinity of PIH Downey (formerly Downey Regional Medical Center) the Office designation is implemented by the H-M (Hospital Medical Arts) zone. Part of this request is to rezone the site to H-M. This approval (zone change and parcel map) will create a new development opportunity for a medical office. The expansion of medical uses further supported by General Plan Policy No. 5.9.1, which states, “Support the provision of health care services;” and Program No. 5.9.1.1, which states, “Encourage the establishment and expansion of uses providing health care services and areas designated for health care services.” It is staff’s opinion that the proposed parcel map will provide additional area to accommodate medical offices, which implements the proposed zoning and existing general plan. B. That the site is physically suitable for the type and density of development. The minimum size requirements for the parcels in the H-M zone is 6,000 square feet size, 60’ width and 100’ depth. The applicant is proposing to combine the six parcels that comprise the project site into a single 26,805 square foot lot with a width of 148’ and a depth of 162’. This exceeds the development standards for the zone and creates, in staff’s opinion, a large developable site that can easily accommodate a medical office that complies with all of the development standards set forth in the zoning code. Staff believes that this demonstrates that the site has adequate size and shape to allow the full development of the proposed use in a manner not detrimental to the particular area. Agenda Page 5 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 6 C. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. Combining the six parcels into a single lot will not alter the uses on the site, nor will it change the overall lot size or dimensions. Staff is of the opinion that the proposed approval does not have the capability to influence public health. Notwithstanding this, the map does support the redevelopment of the site for a medical office. Although no project has been proposed, the Planning Commission will be required to find that any future development would not create an impact to public health. 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 proposed map will combine six lots into one parcel with no development being proposed. Staff has reviewed the site survey and preliminary title report to verify any existing easements. All existing easements will be preserved in place and will not be impacted. E. 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 currently improved with multiple industrial buildings. 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, 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 application. 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. Furthermore, staff believes that all findings required for approving the Zone Change and Tentative Parcel Map can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Zone Change and Tentative Parcel Map No. 73791 (PLN-15-00223), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Draft Resolution C. Project Plans Agenda Page 6 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 7 MAPS Location Aerial Photograph Agenda Page 7 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 8 Existing Zoning Proposed Zoning Agenda Page 8 RESOLUTION NO. 16-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THE CITY COUNCIL APPROVE A ZONE CHANGE (PLN-15- 00223), THEREBY REZONING PROPERTY LOCATED AT 11434-11444 DOWNEY AVE AND 8037 IOWA ST FROM M-2 (GENERAL MANUFACTURING) TO H-M (HOSPITAL MEDICAL ARTS) 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 November 12, 2015, the applicant submitted a request for a Zone Change and Tentative Parcel Map No. 73791. After a complete review of the submitted material, staff deemed the application incomplete on December 11, 2015 due to missing material within the application packet; and, B. On January 14, 2016, the applicant submitted the remaining information needed to process the application. Accordingly, staff deemed the request complete on February 12, 2016; and, C. On March 3, 2016, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on March 16, 2016, and after fully considering all oral and written testimony and 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 project 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 15332 (In-fill Development). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Zone Change, the Planning Commission further finds, determines and declares that: A. That the zone change is necessary and desirable for the development of the community in harmony with the objectives of the General Plan and this chapter and is in the interests or furtherance of the public health, safety, and general welfare. The subject site has a General Plan Land Use Designation of Office. According to the General Plan, in the vicinity of PIH Downey (formerly Downey Regional Medical Center) the Office designation is implemented by the H-M (Hospital Medical Arts) zone. This zone change meets the intent of the land use designation. The expansion of medical uses by changing the zoning is further supported by General Plan Policy No. 5.9.1, which states, “Support the provision of health care services;” and Program No. 5.9.1.1, which states, “Encourage the establishment and expansion of uses providing health care services and areas designated for health care services.” The proposed zone change will provide additional area to accommodate medical offices, which implements the proposed zoning and existing general plan. Furthermore, the project site will exceed the minimum parcel Agenda Page 9 Resolution No. ___________ Downey Planning Commission 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 2 requirements set forth in the zoning code. Together with meeting the intent of the land use designation, this zone change will be in harmony with the objectives of the General Plan is in the interests of the public health, safety, and general welfare. B. That the zone change will be compatible and complementary to existing conditions and adjoining property in the surrounding area. The surrounding area includes a variety of uses, including industrial, residential, office, and medical uses. More specifically, adjoining the east property line of the subject site is a medical office that is within the H- M zone. This property links the project site to other H-M zoned parcels, which surround and support PIH Downey (formerly Downey Regional Medical Center). Rezoning the project site to H-M will make it compatible with other parcels in the vicinity and continue to support the regional hospital. C. That the site is adequate in size to accommodate the uses permitted in the zone requested and that all applicable property development standards can be complied with. The minimum size requirements for the parcels in the H-M zone is 6,000 square feet size, 60’ width and 100’ depth. As part of his request, the applicant is proposing to combine the six parcels comprise the project site into a single 26,805 square foot lot with a width of 148’ and a depth of 162’. This exceeds the development standards for the zone and creates a large developable site that can easily accommodate a medical office that complies with all of the development standards set forth in the zoning code. D. That the site properly relates to streets and highways designed and fully improved to carry the type and quantity of traffic that is expected to be generated in the area and that utilities exist or are planned which will adequately serve the property as rezoned. The subject site is located on the northeast corner of Downey Ave and Iowa St. Downey Avenue is a secondary arterial with four travel lanes (two in each direction). Iowa is a collector street that has two travel lanes (one in each direction). Although no project is being proposed at this time, city staff has reviewed the streets and potential project scenarios. It was determined that the surrounding streets have sufficient capacity to accommodate any future development that will occur on the property. Furthermore, all utility systems are in place and can adequately serve future projects. E. That the proposed zone change is in general conformance with the General Plan and General Plan land use designation for the parcel. The subject site has a General Plan Land Use Designation of Office. According to the General Plan, within the vicinity of PIH Downey (formerly Downey Regional Medical Center) the Office designation is implemented by the H-M (Hospital Medical Arts) zone. Furthermore, General Plan Policy No. 5.9.1, states, “Support the provision of health care services;” and Program No. 5.9.1.1, states, “Encourage the establishment and expansion of uses providing health care services and areas designated for health care services.” The proposed zone change will provide additional area to accommodate medical offices, which implements the proposed zoning and existing general plan. 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 recommends that the City Council approve a zone change (PLN-15-00223) and update the Comprehensive Zoning Map to rezone the subject property to H-M (Hospital Medical Arts), as outlined in Exhibit A of this resolution. Agenda Page 10 Resolution No. ___________ Downey Planning Commission 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of March, 2016. Matias Flores, 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 16th day of March, 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 11 Resolution No. ___________ Downey Planning Commission 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 4 EXHIBIT A Existing Zoning Proposed Zoning Agenda Page 12 RESOLUTION NO. 16-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A TENTATIVE PARCEL MAP NO. 73791 (PLN-15- 00223), THEREBY COMBINING SIX LOTS INTO A 26,805 SQUARE FOOT PARCEL FOR PROPERTY LOCATED AT 11434-11444 DOWNEY AVE AND 8037 IOWA ST. 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 November 12, 2015, the applicant submitted a request for a Zone Change and Tentative Parcel Map No. 73791. After a complete review of the submitted material, staff deemed the application incomplete on December 11, 2015 due to missing material within the application packet; and, B. On January 14, 2016, the applicant submitted the remaining information needed to process the application. Accordingly, staff deemed the request complete on February 12, 2016; and, C. On March 3, 2016, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on March 16, 2016, and after fully considering all oral and written testimony and 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 project 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 15332 (In-fill Development). 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: A. That the proposed map is consistent with the General Plan. The proposed map will allow the consolidation of several parcels into a single lot. The subject site has a General Plan Land Use Designation of Office. According to the General Plan, within the vicinity of PIH Downey (formerly Downey Regional Medical Center) the Office designation is implemented by the H-M (Hospital Medical Office) zone. Part of this request is to rezone the site to H-M. This approval (zone change and parcel map) will create a new development opportunity for a medical office. The expansion of medical uses further supported by General Plan Policy No. 5.9.1, which states, “Support the provision of health care services;” and Program No. 5.9.1.1, which states, “Encourage the establishment and expansion of uses providing health care services and areas designated for health care services.” Accordingly, the proposed parcel map will provide additional area to accommodate medical offices, which implements the proposed zoning and existing general plan. Agenda Page 13 Resolution No. ___________ Downey Planning Commission 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 2 B. That the site is physically suitable for the type and density of development. The minimum size requirements for the parcels in the H-M zone is 6,000 square feet size, 60’ width and 100’ depth. The applicant is proposing to combine the six parcels that comprise the project site into a single 26,805 square foot lot with a width of 148’ and a depth of 162’. This exceeds the development standards for the zone and creates a large developable site that can easily accommodate a medical office that complies with all of the development standards set forth in the zoning code. This demonstrates that the site has adequate size and shape to allow the full development of the proposed use in a manner not detrimental to the particular area. C. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. Combining the six parcels into a single lot will not alter the uses on the site, nor will it change the overall lot size or dimensions. The proposed approval does not have the capability to influence public health. Notwithstanding this, the map does support the redevelopment of the site for a medical office. Although no project has been proposed, the Planning Commission will be required to find that any future development would not create an impact to public health at such time that the development is proposed. 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 proposed map will combine six lots into one parcel with no development being proposed. The City has reviewed the site survey and preliminary title report to verify any existing easements. All existing easements will be preserved in place and will not be impacted. E. 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 currently improved with multiple industrial buildings. 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. 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 the Tentative Parcel Map No. 73791 (PLN-15-00223) 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. [signatures next page] Agenda Page 14 Resolution No. ___________ Downey Planning Commission 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 3 PASSED, APPROVED AND ADOPTED this 16th day of March, 2016. Matias Flores, 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 16th day of March, 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 15 Resolution No. ___________ Downey Planning Commission 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 4 TENTATIVE PARCEL MAP NO. 73791 (PLN-15-00223) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this of Tentative Parcel Map No. 73791 (PLN-15-00223) allows the consolidation of six parcels into a single 26,805 square foot lot. 2) Approval of the Tentative Parcel Map No. 73791 (PLN-15-00223) 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 approval of any future development projects on the site, the Final Parcel Map shall have been recorded. PUBLIC WORKS 6) 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. 7) The owner/applicant shall dedicate a 25-ft corner property line radius at the intersection of Downey Avenue and Iowa Street. 8) 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 final map. The owner/applicant shall grant easements in the name of the City, which shall include: Vehicular easements, Walkway easements, Drainage easements, Utility easements Agenda Page 16 Resolution No. ___________ Downey Planning Commission 11434-44 Downey Ave – PLN-15-00223 March 16, 2016 - Page 5 9) The owner/applicant shall submit a recorded Mylar copy of the final map, a digital AutoCAD format file (AutoCAD 2012 or later) and scanned, uncompressed TIFF images of final map on a portable media for city’s GIS system data updates and maintenance. 10) 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 Agenda Page 17