HomeMy WebLinkAboutResolution No. 17-7762-Allowing Subdivision of Property located at 7741 Third StRESOLUTION 110.
RESOLUTIONOF •i OF OF DOWNE
COMMISSION'SREVERSING THE PLANNING OF TENTATIV
PARCEL MAP •74429, THEREBY •' • i
19,090 1� •'• TWO LOTS ON i' LOCATE 1
AT 7741 THIRD STREET
WHEREAS, on July 21, 2017, the applicantsubmitted a request for a Tentative Parcel
Map No. 74429; and,
WHEREAS, on August 21, 2017, staff deemed the application complete and,
WHEREAS, on September 20, 2017, the Planning Commission conducted a duly
noticed public hearing. After fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, the Commission denied the Tentative Parcel
Map and directed staff to prepare a resolution of denial; and,
WHEREAS, on October 4, 2017, the Planning Commission adopted P.C. Resolution No.
17-3036, formalizing their decision to deny Tentative Parcel Map No. 74429; and,
WHEREAS, on October 17, 2017, the applicant filed a timely appeal of the Planning
Commission's denial of Tentative Parcel Map; and,
WHEREAS, the City Council held a duly noticed public hearing on November 14, 2017,
at which time, fully considered all oral and written testimony and facts and opinions regarding
the proposed Tentative Parcel Map. At the conclusion of the public hearing, the City Council
voted to uphold the appeal and directed staff to return with the resolution of approval; and,
WHEREAS, the City Council finds, determines and declares that the requested
Tentative Parcel Map has been reviewed for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this review, it has been determined that this request is
statutorily exempt from CEQA, pursuant to Article 19, Section No. 15315 (Class 15), Minor
Land Divisions; and,
WHEREAS, having further considered all of the oral and written evidence presented to it
at said public hearings regarding the Tentative Parcel Map, the City Council further finds,
determines and declares that:
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 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.
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 square foot), which is adequate in size to accommodate residential
RESOLUTION NO.
PAGE 2
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 residential
dwelling units will be required to comply with the setback requirements measured from
the dedication line.
NOW, i OF i
HEREBY RESOLVE FOLLOWS:
SECTION 1. The Planning Commission's decision to deny Tentative Parcel Map No.
74429 is hereby reversed.
SECTION 2. Based upon the findings set forth in this Resolution, the City Council of the
City of Downey hereby approves Tentative Parcel Map No. 74429 (PLN -17-00121), subject to
the 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 3. If any section, subsection, paragraph, sentence, clause or phrase of this
Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance, and each section,
subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or
more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify the adoption of this Resolution and cause the
same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this 28th day of November, 2017.
FERNANDO VASQUEZ, Mayor
Uffffu
FhMARIPAALMICIA DMUART"8cm�c��
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 28th day of November, 2017 by the
following vote, to wit:
AYES:
Council Members: Pacheco, Rodriguez, Saab, Ashton, Mayor Vasquez
NOES:
Council Member: None.
ABSENT
Council Member: None.
ABSTAft
Council Member: None.
jTJ F11
, AVAI
111111111DWASIM
RESOLUTION NO.
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 =5,920 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
7) All construction shallcomply 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.
.-OkESOLUTION NO.
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.
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 DivisionandBuilding 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.
i . •