HomeMy WebLinkAbout4. PLN-17-00121 - 7741 Third StSTAFF REPORT
PLANNING DIVISION
DATE: OCTOBER 4, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: DAVID BLUMENTHAL, CITY PLANNER
SUBJECT: ADOPTION OF RESOLUTION OF DENIAL FOR TENTATIVE PARCEL
MAP NO. 74429 (PLN-17-00121)
LOCATION: 7741 THIRD STREET (AIN 6249-022-026)
ZONING: R-1 5,000 (SINGLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
The Planning Commission conducted a public hearing on a proposed subdivision of a parcel
located on the northwest corner of Third Street and Rives Avenue. After accepting all written
and oral testimony, the Planning Commission determined they could not make all of the
required findings; as such, directed staff to prepare a resolution of denial for the Tentative
Parcel Map. Based on the Planning Commission discussion of the findings, staff has prepared
following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
DENYING TENTATIVE PARCEL MAP NO. 74429 (PLN-17-00121), THEREBY
REJECTING A PROPOSED 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 19,090 square foot parcel is located at the northwest corner of Third Street and Rives
Avenue. This site is currently improved with a 2,246 square foot single-family residence. The
site is zoned R-1 5,000 (Single-Family Residential) and has a General Plan Land Use
Designation of Low Density Residential. The applicant has proposed to subdivide the parcel
into an 8,972 square foot lot and an 8,920 square foot lot. In addition, a 10-foot right-of-way
dedication was required along the Rives Avenue frontage.
On September 20, 2017, the Planning Commission conducted a duly noticed public hearing. At
the conclusion of the hearing, the Planning Commission voted 3-2 to deny the project and
directed staff to prepare a resolution of denial for the Commission’s consideration.
Agenda Page 1
7441 Third Street. – PLN-17-00121
October 4, 2017 - Page 2
DISCUSSION/ANALYSIS
During the aforementioned public hearing, only the applicant provided public testimony, which
was in favor of the subdivision. The Planning Commission expressed concerns about
increasing the number of units and density in the area. The Planning Commission was further
concerned about the proposed lots being smaller than the other parcels the front Third Street on
the west side of Rives. At the conclusion of the hearing, the Planning Commission noted that
they could not make the one of the four required findings. Based on the Planning Commission’s
direction, staff has reworked the finding as follows:
A. That the proposed map is consistent with the General Plan.
The subject site has a General Plan Land Use Designation of Low Density Residential,
which is intended to guide the growth of single-family residential areas at low densities.
The applicant’s proposal will subdivide an existing single-family parcel into two lots, thus
double the amount of units that could be built on the project site. The sizes of the
properties on Third Street, west of Rives Avenue are typically around 10,000 square
feet, each with a single-family residence built upon it. This equates to approximately 4.4
units per acre. The proposed Tentative Parcel Map would provide lots that are
approximately 8,900 square feet in size, which equates to 4.9 units per acre. This
increase in density is inconsistent with the surrounding lot sizes, the character of the
area, and the Low Density Residential Land Use Designation. Therefore, the proposed
map is not consistent with the General Plan.
As the Planning Commission is aware, failure to make all of the required findings in a positive
manner is cause for denial of the application. Attached to this report is the draft resolution for
denial, which is based on the failure to make the above listed finding.
Agenda Page 2
Exhibit ‘D’
RESOLUTION NO. 17-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
DENYING TENTATIVE PARCEL MAP NO. 74429 (PLN-17-00121), THEREBY
REJECTING A PROPOSED 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") on
July 21, 2017 requesting approval of a Tentative Parcel Map No. 74429
(PLN-17-00121), to subdivide a 19,090 square foot into two single-family lots;
and,
B. On August 21, 2017, the project was deemed complete; and,
C. On September 7, 2017, notice of the pending public hearing was sent to all
property owners within 500 feet of the subject site. Additionally, the notice was
published in the Downey Patriot on September 7, 2017; 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 directed staff to prepare a
resolution of denial based on the inability to make of the required findings in a
positive manner; and,
E. On October 4, 2017, the Planning Commission adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares it has
reviewed the project for compliance with the requirements of the California Environmental
Quality Act. Based on its own analysis and consideration, it was found that the project is
categorically exempt from CEQA, pursuant to Guideline Section No. 15315 (Class 15, Minor
Land Divisions). This proposed project would subdivide a single lot into less than four parcels.
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 not consistent with the General Plan. The subject site has a
General Plan Land Use Designation of Low Density Residential, which is intended to
guide the growth of single-family residential areas at low densities. The applicant’s
proposal will subdivide an existing single-family parcel into two lots, thus double the
amount of units that could be built on the project site. The sizes of the properties on
Third Street, west of Rives Avenue are typically around 10,000 square feet, each with a
single-family residence built upon it. This equates to approximately 4.4 units per acre.
The proposed Tentative Parcel Map would provide lots that are approximately 8,900
square feet in size, which equates to 4.9 units per acre. This increase in density is
inconsistent with the surrounding lot sizes, the character of the area, and the Low
Density Residential Land Use Designation. Therefore, the proposed map is not
consistent with the General Plan.
Agenda Page 3
Resolution No. 17-____
Downey Planning Commission
7441 Third Street. – PLN-17-00121
October 4, 2017 - Page 2
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 denies Tentative Parcel
Map No. 74429 (PLN-17-00121).
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of October 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 4th day of October
2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
__________________________
Mary Cavanagh, Secretary
City Planning Commission
Agenda Page 4