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HomeMy WebLinkAboutPC Resolution 17-3025RESOLUTION NO. 17-3025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING AN AMENDMENT TO TENTATIVE TRACT MAP NO. 74254, (PLN -17-00077), THEREBY ALLOWING THE CONSTRUCTION OF 39 TOWNHOMES ON PROPERTY LOCATED AT 7940 TELEGRAPH ROAD, ZONED R-3 (MULTIPLE 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 September 21, 2016, the Planning Commission adopted Resolution No. 16-2995 and approved the project, which included Tentative Tract Map No. 74254, a Site Plan Review, a Variance, and a Zone Change from C-2 (General Commercial) and P -B (Parking Buffer) to R-3 (Multiple Family Residential); and, B. On May 19, 2017, the applicant submitted an application for an amendment to Tentative Tract Map No. 74254, which changes the development from condominiums to townhomes. In accordance with State law, Staff reviewed the applications for completeness within 30 days and on June 15, 2017, Staff deemed the application complete; and, C. In accordance with California State Law, the notice of the pending public hearing was published in the Downey Patriot and mailed to all property owners within 500' of the subject site on July 6, 2017; and, D. The Planning Commission held a duly noticed public hearing on July 19, 2017, 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 Tract Map, the Planning Commission further finds, determines and declares that: The proposed amendment to the approved map is consistent with the General Plan. The tentative tract map proposes to construct 39 residential condo units on a 1.66 acre lot. The proposed project is consistent with the General Plan, specifically supporting the goals, policies, and programs of both the land use and housing chapters. The project is with consistent with Goal 1.4 of the land use chapter, and supported by policies, which promotes not only harmonious residential development with surrounding neighborhoods (Policy 1.4.2), but also home ownership opportunities (Policy 1.4.3). In addition, the housing project will help achieve Goal 2 and Policy 2.2 of the City's housing element, which encourages in -fill development and the recycling of land to provide adequate Resolution No. 17-3025 Downey Planning Commission residential sites. The project site also has a General Plan land use designation of Medium Density Residential, which supports this type of residential development. 2. The site is physically suitable for the type and density of development. The project site is approximately 1.66 acres (72,395 sq.ft.), which meets the minimum lot size of 10,000 square feet for an R-3 zoned property. Using the R-3 zoning's density standard, the subject property can be developed with 39 dwelling units on site, which is the amount proposed by the applicant. As proposed, the amendment to the tentative tract map will not increase the number of units, change the approved site layout or architectural building design previously approved by the Planning Commission. 3. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The 39 -unit residential townhome project will be constructed in a residential zone, situated adjacent to multi -family developments to the east and west, and adjacent to an existing residential neighborhood to the south. All of the proposed units are improved with one to three private balcony areas. The project as a whole will include common open space areas throughout the development, which will encourage residents to have outdoor activities within the development. The proposed amendment to the tentative tract map from condominiums to townhomes will not change the approved site layout or design of the residential development and is not likely to cause a serious public health problem. 4. 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. As a result of Staff's research and also reference to the preliminary title report for this property, it was found that there is a five-foot wide Southern California Edison overhead easement along the south property line. No structures are proposed within the five-foot wide easement. The approved map included the abandonment of a portion of an alley and such area is to be incorporated into the development of the project. The proposed amendment to the map will not change the approved site layout or allow construction within the five-foot wide easement. 5. 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 project site is in an urban setting surrounded by urban uses. There is also no known wildlife habitat in the City. The proposed amendment to the tentative tract map from condominiums to townhomes will not change the approved site layout or architecture of the previously approved project. The proposed subdivision would be developed on a lot, which was previously disturbed with development; therefore Staff believes the project would not cause substantial environmental damage to the site or its surrounding community. 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 an amendment to Tentative Tract Map No. 74254 (PLN -17-00077), 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. 7940 Telegraph Road— PLN -17-00077 July 19, 2017 - Page 2 Resolution No. 17-3025 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 19th day of July, 2017, Rodriguez, Chairman 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 19`h day of July, 2017, by the following vote, to wit: AYES: COMMISSIONERS: Rodriguez, Owens and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Flores and Dominguez ABSTAIN: COMMISSIONERS: None Mary Cavanagh, Secretary City Planning Commission 7940 Telegraph Road— PLN -17-00077 July 19, 2017 - Page 3 Resolution No. 17-3025 Downey Planning Commission AMENDMENT TO TENTATIVE TRACT MAP NO. 74254 (PLN -17-00077) EXHIBIT A — CONDITIONS PLANNING 1) The approval of this amendment to Tentative Tract Map No. 74254 (PLN -17-00077) allows a revision to the approved final map to change the map from a condominium development to a townhome development. 2) Approval of this amendment to Tentative Tract Map No. 74254 (PLN -17-00077) 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) Unless modified herein, all conditions of approval set forth in Planning Commission Resolution No. 16-2995, which approved Site Plan Review, Variance, Zone Change, and Tentative Tract Map No. 74254 (PLN -16-00122), shall remain in effect and in full force. 6) Prior to the final occupancy of any of the units, the amended Final Tract Map shall be approved by the City and recorded with the County of Los Angeles. FIRE DEPARTMENT 7) Design and construction may necessitate further review by the Fire Department. A change from condominiums to townhomes may change life safety requirements and a deferred submittal for fire protection systems shall be required. PUBLIC WORKS DEPARTMENT 8) 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. 7940 Telegraph Road— PLN -17-00077 July 19, 2017 - Page 4 Resolution No. 17-3025 Downey Planning Commission 9) The owner/applicant shall provide improvement plan mylars, record drawing mylars, and record drawing digital (AutoCAD — latest edition) files in accordance with the requirements of the Department of Public Works that have been signed by a civil engineer licensed in the State of California. Final approval of new utilities shall be dependent upon submittal and approval of record drawing mylars and scanned, uncompressed TIFF images of record drawings on a CD/DVD-ROM media per City's GIS Requirements. 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. 7940 Telegraph Road— PLN -17-00077 July 19, 2017 - Page 5