HomeMy WebLinkAboutPC Resolution 16-2970RESOLUTION NO. 16 -2970
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 application was scheduled for a public hearing on March 16, 2016; however, the
Planning Commission continued the public hearing to April 6, 2016 without accepting
any testimony; and,
E. The Planning Commission held a duly noticed public hearing on April 6, 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).
SEC_ TION 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
Resolution No. 16 -2970
Downey Planning Commission
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.
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.
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Resolution No. 16 -2970
Downey Planning Commission
PASSED, APPROVED AND ADOPTED this 6th day of April, 20161
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 6th day of April 2016,
by the following vote, to wit:
AYES: COMMISSIONERS: Flores, Rodriguez, Morales and Lujan
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Owens
ABSTAIN. COMMISSIONERS: None
Mary Cad anagh, Secretary/
City Planning Commission
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Resolution No. 16 -2970
Downey Planning Commission
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
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Resolution No. 16 -2970
Downey Planning Commission
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
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