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HomeMy WebLinkAboutPC Resolution 15-2950RESOLUTION NO. 15 -2950 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A TENTATIVE PARCEL MAP NO. 73581 (PLN -15- 00109), THEREBY COMBINING THREE PARCELS INTO A SINGLE LOT ON PROPERTY LOCATED AT 9515 LAKEWOOD BLVD, ZONED C -2 (GENERAL COMMERCIAL) AND P -B (PARKING BUFFER). 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 May 20, 2015, the Planning Commission approved a new commercial development on the site called "Downey Crossroads." This project includes an adaptive reuse of some of the buildings on the site for a new retail center; and, B. On May 15, 2015, the applicant submitted Tentative Parcel Map No. 73581, requesting to combine three parcels into a single lot. This application was subsequently deemed incomplete due to the need to correct the plans. The final version of the map was resubmitted to the City on October 26, 2015. Accordingly, the application was deemed complete on October 30, 2015; and C. On November 6, 2015, 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 November 18, 2015, 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 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. 15301 (Class 1, Existing Facilities). 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 proposed map is to accommodate a new commercial development on the site. This map will combine three parcels into a single lot. It is a policy of the General Plan (Policy 1.1.4) to "Provide an appropriate amount of land area for people to acquire goods and services." By allowing the parcels to be combined, the developer will be able to construct the new retail center, which will provide additional commercial opportunities to those who live and work in the area. These uses will be complementary to the other retail /commercial uses that are located in the vicinity of the project site. It is also a policy of the General Plan (Policy 8.2.2) to "Promote the upgrading of properties." The proposed improvements will not only upgrade the subject site by removing portions of the buildings that have fallen into Resolution No. 15 -2950 Downey Planning Commission disrepair, but will also enhance the remaining portions of the buildings, thus upgrading all the surrounding properties, as it will enhance the streetscape. 2. That the site is physically suitable for the type and density of development. The subject site is an approximate 3.56 -acre lot that is formerly improved with a vacated car dealership. Approval of the map will allow an adaptive reuse of some of the buildings to accommodate a gym, new retail opportunities, and a restaurant. The proposed project exceeds all development standards for the zone. The proposed site layout allows for proper vehicle and pedestrian movement, while allowing for larger setbacks and more landscaping than the code requires. 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. 3. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. Combining the three 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 retail center. As part of the project approval, the Planning Commission found that the development would not create an impact to public health. Based on the previous findings and the type of map being proposed, the map will not cause a public health problem. 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 proposed map will combine three lots into one parcel. All existing easements will be preserved in place and will not be impacted. 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 site was formally used as a new car dealership, with the site being improved or paved. There are no known areas within the City that host wildlife or their habitat, most particularly species identified as a candidate, sensitive, or special status species. As such, the proposed the project will not impact wildlife resources. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves Tentative Parcel Map No. 73581 (PLN -15- 00109), 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. 9515 Lakewood Blvd — PLN -15 -00109 November 18, 2015 - Page 2 Resolution No. 15 -2950 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of November, 2015. 4v ector Lujan, bW5 rman 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 November 2015, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. I M4Cvarnagh, Secret City Planning Commission 9515 Lakewood Blvd — PLN -15 -00109 November 18, 2015 - Page 3 Resolution No. 15 -2950 Downey Planning Commission TENTATIVE PARCEL MAP 73581 (PLN -15- 00109) EXHIBIT A - CONDITIONS PLANNING 1) This approval is for Tentative Parcel Map No. 73581 to allow three parcels to be combined into a single lot for the "Downey Crossroads" project. 2) Approval of Tentative Parcel Map No. 73581 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 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. 4) 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. PUBLIC WORKS 5) Prior to the recording of the map, the owner shall record an irrevocable offer to dedicate eight (8') feet for right of way purposes along the entire Lakewood Blvd frontage and a 17' x 17' corner cut -off right -of -way at the intersection of Lakewood and Gallatin. Prior to recording, the Director of Public Works shall review and approve the irrevocable offer to dedicate. 6) 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. 7) Vehicular and pedestrian right of ingress and egress shall be recorded with the Los Angeles County Recorder, and a copy with the Engineering Division. 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 parcel map, unless said easement is approved by the City of Downey. 9515 Lakewood Blvd — PLN -15 -00109 November 18, 2015 - Page 4