HomeMy WebLinkAbout2. PLN-17-00121 7741 ThirdSTAFF REPORT
PLANNING DIVISION
DATE: SEPTEMBER 20, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-17-00121 (TENTATIVE PARCEL MAP NO. 74429) - A REQUEST
TO SUBDIVIDE ONE RESIDENTIAL PARCEL INTO TWO PARCELS
LOCATION: 7741 THIRD STREET (AIN 6249-022-026)
ZONING: R-1 5,000 (SINGLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
The proposed Tentative Parcel Map (PLN-17-00121) is a request to subdivide a 19,090 square
foot parcel into two parcels. The site is currently improved with a 2,246 square foot single-family
residential dwelling unit, constructed in 1940. Under this application, the applicant proposes to
demolish the existing dwelling and garage to accommodate a single-family residential dwelling
unit on each parcel. Based on the analysis contained within this report, staff believes that all
required findings to approve the Tentative Parcel Map can be made in a positive manner. As
such, staff recommends that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING TENTATIVE PARCEL MAP NO. 74429 (PLN-17-00121), THEREBY
ALLOWING A SUBDIVISION OF ONE PARCEL INTO TWO RESIDENTIAL
PARCELS, ON PROPERTY LOCATED AT 7741 THIRD STREET, ZONED R-1
5,000 (SINGLE-FAMILY RESIDENTIAL)
BACKGROUND
The subject property is located at the northwest corner of Third Street and Rives Avenue. It is
zoned R-1 5,000 (Single-Family Residential) with a General Plan Land Use Designation of “Low
Density Residential”. The surrounding properties include single family residences to the north,
south, east and west of the subject site.
On July 21, 2017, 3-E Enterprises Inc., owner of the subject property, submitted a Tentative
Parcel Map application to subdivide the property into two parcels. After a careful review of the
proposal, staff deemed the application complete on August 21, 2017. On September 5, 2017,
notice of the pending public hearing was sent to all property owners within 500’ of the subject
site and the notice was published in the Downey Patriot.
PC Agenda Page 1
PLN-17-00121 – 7741 Third Street
September 20, 2017 - Page 2
DISCUSSION/ANALYSIS
The applicant is proposing to subdivide the 19,090 square foot parcel into two new parcels. As
part of this subdivision, the Public Works Department is requiring a 10-foot dedication along
Rives Avenue. As a result, the parcel to be subdivided will have an area of 17,892 square foot.
All existing buildings on the property will be demolished in order to comply with the development
standards for the newly created parcels. The applicant states that he will construct a single-
family residential dwelling unit on each parcel.
The submitted Tentative Parcel Map shows Lot No. 1 will contain 8,972 square feet of lot area
and Lot No. 2 (corner lot) will contain 8,920 square feet of lot area. Said parcels will comply
with all the minimum development requirements of the R-1 5,000 (Single-Family Residential)
zone as demonstrated in the table below.
Table 1 – Development Standards
Standard Minimum Requirement Proposed Comply
Parcel 1 Parcel 2
Lot Area 5,000 sq. ft. min. 8,972 sq. ft. 8,920 sq. ft. Yes
Lot Width 50’ 71.79’ 71.75’ Yes
Lot Depth Conform to average depth
of adjacent lots (125.06’) 125.06’ 125.09’ Yes
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed project for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this review, staff determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15315 (Class 15, Minor
Land Divisions). 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
CEQA. Class 15, includes division of property for residential use into four or fewer parcels
including this request.
FINDINGS
The Municipal Code sets forth several findings the Planning Commission must adopt for the
various applications. A discussion is as follows:
1. That the proposed map is consistent with the General Plan.
The subject property is located in the “Low Density Residential” land use designation, as
stated in the City’s General Plan Vision 2025. Pursuant to the General Plan, the LDR
designation allows single-family residential units at densities of up to 8.9 housing unit per
acre. The applicant’s proposal for two residential units on the 17,892 square foot site
has a density of 4.9 units per acre, which is consistent with the R-1 5,000 zone. Also,
the proposed map is consistent with General Plan Program 1.3.1.5 which states:
“Encourage land uses consistent with the area’s designation as properties recycle.”
Overall, the future development of the two proposed parcels with residential dwelling
units 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 residential
sites.
PC Agenda Page 2
PLN-17-00121 – 7741 Third Street
September 20, 2017 - Page 3
2. That the site is physically suitable for the type and density of development.
The subject site is physically suitable for the proposed type of development due to its
relatively large size (17,892 sq. ft.), which is sufficient in size to accommodate residential
developments in the R-1 5,000 (Single-Family Residential) zone. The proposed lots will
exceed the minimum lot area and dimension requirements of the area. The minimum lot
area for parcels in the R-1 5,000 zone is 5,000 square feet and the minimum lot width is
fifty (50’) feet, whereas the proposed lots will measure 71.7 feet in width.
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 two single-family dwelling units on the subject site
that will comply with the development standards for the R-1 5,000 zone. The subdivision
will not cause serious public health problems to future occupants of the proposed
project, since there are no sites nearby that pose a health hazard. The applicant will be
proposing single-family residential dwelling units in the single family neighborhood,
which are consistent with the surrounding uses.
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 design of this subdivision, will not conflict with easements needed by any public
agency or utility purposes. Notwithstanding this, the Public Works Department is
requiring a 10-foot dedication along Rives Avenue. Future dwelling units will be required
to comply with the setback requirements measured from the dedication line.
CORRESPONDENCE
As of the date that this report was printed, staff had not received any correspondence regarding
this matter.
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. As noted above,
staff believes that all of the required findings to approve the Tentative Parcel Map can be made
in a positive manner. As such, staff recommends that the Planning Commission approve
Tentative Parcel Map No. 74429 (PLN-17-00121), subject to the conditions of approval.
EXHIBITS
A. Location Map & Site Photograph
B. Aerial Photograph & Zoning Map
C. Proposed Tentative Parcel Map
D. Draft Resolution
PC Agenda Page 3
PLN-17-00121 – 7741 Third Street
September 20, 2017 - Page 4
Exhibit ‘A’
PROJECT LOCATION
SITE PHOTOGRAPH
PC Agenda Page 4
PLN-17-00121 – 7741 Third Street
September 20, 2017 - Page 5
Exhibit ‘B’
AERIAL PHOTOGRAPH
ZONING MAP
SUBJECT
PROPERTY
C-2
PC Agenda Page 5
PLN-17-00121 – 7741 Third Street
September 20, 2017 - Page 6
Exhibit ‘C’
PROPOSED TENTATIVE PARCEL MAP
PC Agenda Page 6
Exhibit ‘D’
RESOLUTION NO. 17-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING TENTATIVE PARCEL MAP NO. 74429 (PLN-17-00121), THEREBY
ALLOWING A SUBDIVISION OF ONE PARCEL INTO TWO RESIDENTIAL
PARCELS, ON PROPERTY LOCATED AT 7741 THIRD STREET, ZONED R-1
5,000 (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. An application was filed by 3-E Enterprises Inc. (hereinafter "Applicant")
requesting approval of a Tentative Parcel Map No. 74429, to subdivide one
17,892 square foot parcel into two parcels, on property at 7741 Third Street,
Downey, California, zoned R-1 5,000 (Single-Family Residential); and,
B. On August 21, 2017, the project was deemed complete; and,
C. On September 5, 2017, 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,
D. The Planning Commission held a duly noticed public hearing on September 20,
2017, 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 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. 15315 (Class 15), Minor Land Divisions.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
A. That the proposed map is consistent with the General Plan.
The subject property is located in the “Low Density Residential” land use
designation, as stated in the City’s General Plan Vision 2025. Pursuant to the
General Plan, the Low Density Residential designation allows single family
residential units at densities of up to 8.9 housing unit per acre. The applicant’s
proposal for two units on the 17,892 square foot site has a density of 4.9 units per
acre, which is consistent with the R-1 5,000 zone. Also, the proposed map is
consistent with General Plan Program 1.3.1.5 which states: “Encourage land
uses consistent with the area’s designation as properties recycle.” Overall, the
future development of the two proposed parcels with residential dwelling units 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
residential sites.
B. That the site is physically suitable for the type and density of development.
The subject site is physically suitable for the proposed type of development due
to its relatively large size (17,892 square foot), which is adequate in size to
accommodate residential developments in the R-1 5,000 (Single-Family
PC Agenda Page 7
Resolution No. 17-____
Downey Planning Commission
PLN 17-00121 – 7741 Third Street
September 20, 2017 - Page 2
Residential) zone. The proposed lots will exceed the minimum lot area and
dimension requirements of the area. The minimum lot area for parcels in the R-1
5,000 zone is 5,000 square feet and the minimum lot width is fifty (50’) feet,
whereas the proposed lots will measure 71.7 feet in width.
C. That the design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The proposed subdivision will allow two single-family dwelling units on the subject
site that will comply with the development standards for the R-1 5,000 zone. The
subdivision will not cause serious public health problems to future occupants of
the proposed project, since there are no sites nearby that pose a health hazard.
The applicant will be proposing single-family residential dwelling units in the
single family neighborhood, which are consistent with the surrounding uses.
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 design of this subdivision, will not conflict with easements needed by any
public agency or utility purposes. Notwithstanding this, the Public Works
Department is requiring a 10-foot dedication along Rives Avenue. Future
residential dwelling units will be required to comply with the setback requirements
measured from the dedication line.
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. 74429 (PLN-17-00121), subject to the Conditions of Approval attached hereto, 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.
PASSED, APPROVED AND ADOPTED this 20th day of September 2017.
Jim Rodriguez, 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 20th day of
September 2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 8
Resolution No. 17-____
Downey Planning Commission
PLN 17-00121 – 7741 Third Street
September 20, 2017 - Page 3
TENTATIVE PARCEL MAP NO. 74429 (PLN-17-00121)
CONDITIONS OF APPROVAL
PLANNING
1) The approval of this Tentative Parcel Map No. 74429 allows for the subdivision of a
17,892 square foot parcel into two residential parcels (Parcel No. 1 = 8,972 square feet;
Parcel No. 2 = 8,920 square feet), on property located at 7741 Third Street.
2) Approval of this Tentative Parcel Map 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 permits, the Final Parcel Map shall be approved by the
City and recorded with the County of Los Angeles.
6) The owner/applicant shall remove or paint over any graffiti painted upon the premises,
within twenty-four (24) hours
BUILDING
7) All construction shall comply with the most recent version of the California Building Code,
as adopted by the City of Downey.
8) 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.
PUBLIC WORKS
9) The owner/applicant shall dedicate ten feet (10‘) for right-of-way purposes along Rives
Avenue to the standards of the City Engineering Division.
10) The owner/applicant shall grant a 15-foot property line radius road deed dedication at the
northwest corner of Rives Avenue and Third Street.
11) Prior to the issuance of demolition permits, the owner/applicant shall complete a
Construction & Demolition (C&D) Waste Management Plan per Article V, Chapter 8 of
the Downey Municipal Code.
PC Agenda Page 9
Resolution No. 17-____
Downey Planning Commission
PLN 17-00121 – 7741 Third Street
September 20, 2017 - Page 4
12) All areas within the scope of work of this project 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, the
Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of
Public Works, and Ordinance 1142 of the Downey Municipal Code.
13) If applicable, the owner/applicant shall install a sewer main and sewer lateral (to the front
property line) for each lot in the subdivision, and shall provide that the design and
improvements of sewers shall be to the standards of the City Engineering Division.
Septic systems are not acceptable.
14) If applicable, the owner/applicant shall install a 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. All lot(s) shall not 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.
15) The owner/applicant shall reconstruct/install curb, gutter, and portland cement concrete
driveway approaches, along 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.
16) All installed pavement shall consist of a minimum section of four inch (4”) thick aggregate
base, and a minimum 2-1/2” thick asphalt concrete pavement.
17) 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. The owner/applicant shall
grant easements in the name of the City shall include: 1) Vehicular easements, 2)
Walkway easements, 3) Drainage easements, 4) Utility easements.
18) The owner/applicant shall furnish and install a new dedicated potable water service line,
meter, and meter box. The size of meter and water line shall be as determined by the
Director of Public Works.
19) 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.
20) The owner/applicant shall install all new utilities associated with this project underground.
FIRE DEPARTMENT
21) Plans to be submitted through Building and Safety and shall comply with 2016 California
Fire Code, 2016 California Building Code, current Downey Municipal Code Ordinances
and any other pertinent requirements to be determined at time of plan submission and
review.
END OF CONDITIONS
PC Agenda Page 10